DIRECTORS GUILD OF AMERICA CREATIVE 2 RIGHTS 2 HANDBOOK 0 2014 - 2017 10 41 7 Dear Colleague, The purpose of this Creative Rights Handbook is to help raise TABLE OF CONTENTS awareness of your rights, which span all phases of production. Whether you are a veteran director or new to the guild, we encourage you to take a few moments and acquaint yourself CREATIVE RIGHTS CHECKLISTS with these provisions, several of which have changed since the previous publication of this handbook. Checklists of DGA Directors’ creative rights, codified in this handbook .…...........….…….…….…….…….….6 We achieved a number of significant improvements in Creative Rights in the last round of negotiations, both in features and in television. SUMMARY OF CREATIVE RIGHTS In features, we secured much needed updates to the pseudonym A summary of a Director’s creative rights under the Directors process (8-211) and negotiated a new procedure that applies Guild of America Basic Agreement of 2014 for feature film, when an Employer want to replace an editor (7-209). In long-form television and television series .....................11 addition, we enhanced the notice provisions and your right to request a label indicating the running time or aspect ratio of a theatrical motion picture has been changed for any domestic ancillary exploitation of the film. BASIC AGREEMENT, ARTICLE 7 Directors’ minimum conditions, preparation, production In television, we engaged in serious discussions with the studios and post-production for feature film, long-form television regarding the Director’s participation in casting, which resulted in a commitment from the studios to encourage “in-person” and television series ..................….......…......….....…..27 casting sessions with the talent. Several other important gains were made for Directors of episodic series. CODE OF PREFERRED PRACTICES It is important for every member to understand that these are A set of non-binding guidelines, agreed upon by the Guild “use them or lose them” rights; each time we choose not to and the studios, to encourage a higher level of conduct for exercise them, we further the chances of their erosion. employers and Directors ......................Inside Back Cover As you enjoy the benefits of DGA creative rights on your next directing assignment, hold a special thought for the Directors who have fought battle after battle to win these protections for us all. And if you find yourself with any creative rights questions or problems, please call the DGA. Sincerely, Jonathan Mostow Steven Soderbergh Co-Chairs, DGA Creative Rights Committee Michael Zinberg Matthew Penn Mike Robe Co-Chairs DGA Television Creative Rights Committee Theatrical Television Creative Rights Creative Rights Committee Committee Jonathan Mostow Matt Penn Co-Chair Michael Zinberg Steven Soderbergh Co-Chairs, Single Camera Series Subcommittee Co-Chair Mike Robe David Ayer Frank Marshall Chair, Movies for Television Subcommittee Michael Bay Mc G Norberto Barba Victor Nelli John Carpenter E. Elias Merhige Paris Barclay Michael Pressman Thomas Carter Phillip Noyce Andrew Bernstein Rosemary Rodriguez Martha Coolidge Mark Pellington Tricia Brock Bethany Rooney Andy Davis Donald Petrie Guy Ferland Dan Sackheim Roger Donaldson Sam Raimi Karen Gaviola Thomas Schlamme David Fincher Brett Ratner Lesli Linka Glatter Oz Scott Carl Franklin Jay Roach Dennie Gordon David Semel F. Gary Gray Tom Shadyac David Grossman Millicent Shelton John Lee Hancock Brad Silberling Rod Holcomb Marcos Siega Curtis Hanson Penelope Spheeris Michelle MacLaren Dennis Smith Mary Lambert Betty Thomas Paul McCrane Michael Spiller Jonathan Lynn Jon Turteltaub Tawnia McKiernan Mark Tinker Michael Mann Ron Underwood Vincent Misiano Tom Verica Alan Myerson Greg Yaitanes CREATIVE RIGHTS CHECKLIST 4. Did you get your cut without interference or “cutting FEATURES & behind”? LONG-FORM TELEVISION 5. If the editor was replaced, were you informed two days in advance and consulted on his/her replacement? BEFORE PREP 6. Did you screen your cut for the producer and person with final cutting authority? CHECKLIST 1. Were all the company’s script, casting, approvals and budget commitments revealed to you before you took the assignment? 7. Did you preview your cut of your feature film? Was it in a format superior to a simple Avid output? 2. Did you get to choose your first AD? 8. If your film involved substantial special effects, were DURING PREP you given the opportunity to incorporate temp effects for your preview? 1. Were you provided with an office? 9. Were you notified of the date, time and place of every 2. Did you participate in all casting? post-production operation, and allowed to be present 3. Was there a reasonable purpose for each person present and consulted? at the casting session(s)? 10. Were you offered the opportunity to direct all 4. Were you told what material would be shot by a second unit? additional scenes or retakes? 5. Did you approve the selection of a second unit director? 11. Were you offered the opportunity to direct looping or narration? For long-form TV, if you were not 6. Were you given a full below-the-line budget before sent to the place of looping, were you provided assignment, as well as all subsequent revisions? communication to the looping site through ISDN, 7. Were you consulted on all script revisions? T-Line or a similar device? 12. Were you offered the opportunity to take part in the DURING PRODUCTION spotting and dubbing of sound and music? 1. Did you see dailies at a reasonable time? 2. Did you approve the use of video assist? Did you decide SECONDARY MARKETS the number and placement of monitors? 1. Were you advised about editing of versions for 3. Were you informed about any electronic transmission of ancillary markets, the amount of time to be added or sound or images from the set? removed and any change to the aspect ratio, and given the opportunity to participate in this editing? 4. Did all notes to cast and crew come directly from you? 2. Were you consulted on the contents of the DVD and FOLLOWING PRODUCTION advised of its release schedule in a timely manner? 1. Did you see the editor’s assembly before anyone else? AT ALL TIMES 2. Were you allowed adequate time for preparing your cut? Were you consulted about every creative decision? 3. If your cutting time was curtailed because of a delivery The Director’s creative rights are codified in Article 7 of the or release date, and that date was postponed, were you DGA Basic Agreement. If you have any questions, please offered more time for your cut? consult the Guild office or a DGA field representative. DGA Contract Line: (310) 289-2010 6 7 CREATIVE RIGHTS CHECKLIST TELEVISION SERIES complete your cut (as long as there were no bona fide AND HIGH BUDGET SVOD delivery date exigencies)? PROGRAMS 3. For a half-hour episode, did you have one day to complete your cut plus up to one more day to make CHECKLIST DURING PREP changes? 4. Did you get your cut without interference or “cutting 1. Did you receive the script, with your name on it as behind”? Director, no less than 24 hours before prep? 5. Did you screen your cut for the producer and person 2. Were you provided with an office? with final cutting authority? 3. For single-camera, half-hour series, were you notified 6. Were you notified of the date, time and place of every 72 hours in advance of the date, time, and place of the post-production operation, and in good faith allowed table read? to be present and consulted? 4. Did you participate in all casting, and was there a 7. Were you offered the opportunity to direct all reasonable purpose for each person present at the additional scenes or retakes? casting session(s) to be there? 8. Were you offered the opportunity to direct looping or 5. Were you told what material would be shot by a narration? second unit? 9. Were you offered the opportunity to take part in the 6. Were you consulted on wardrobe, props, special FX, spotting and dubbing of sound and music? choreography, music, special equipment, etc.? 10. Did you request and were you provided with a DURING PRODUCTION watermarked DVD copy of the final “air” version of 1. Did you direct all of the originally scheduled principal your episode without commercials at no cost to you? photography? 11. If you directed the pilot of a series and a domestic 2. Did all notes to cast and crew come directly from DVD or Internet Web page was created, were your you? name, background, and filmography included along with those of the series’ “creator”? 3. Were you informed about any electronic transmission of sound or images from the set? AT ALL TIMES 4. Did you see dailies at a reasonable time? Were you consulted about every creative decision? FOLLOWING PRODUCTION The Director’s creative rights are codified in Article 7 of 1. Did you see the editor’s assembly within six business the DGA Basic Agreement. If you have any questions, days after shooting was complete? Did you see the please consult the Guild office or a editor’s assembly before anyone else? DGA field representative. 2. For a one-hour episode, did you have four days to DGA Contract Line: (310) 289-2010 8 9 SUMMARY OF DIRECTORS’ CREATIVE RIGHTS “We gotta show UNDER THE DIRECTORS GUILD OF AMERICA ’em how much BASIC AGREEMENT we care!” OF 2014 Following is a summary of Directors’ creative rights SUMMARY under Article 7 of the Directors Guild of America Basic – Frank Capra, first Chairman of the Agreement of 2014. It is not intended to change or DGA Creative Rights Committee, interpret Article 7. If there is any difference between this recommending to his directorial summary and the Basic Agreement, the Basic Agreement colleagues in 1964 the way to convince is controlling.