Jane Warren set up her business Scriptease (acting as a writers agent) two years ago, but has also been approached by several local directors to act as an agent for them.

She talks to Shonagh Lindsay from the Screen Directors Guild New Zealand Jane Warren set up her business Scriptease (acting as a writers agent) two years ago, but has also been approached by several local directors to act as an agent for them.

She talks to Shonagh Lindsay from the Screen Directors Guild New ZealandWhile Jane is not yet ready to act as a directors agent she is interested in talking to directors about what they would want an agent to do for them. This is the first step in such a discussion.

SDGNZ: What do you think are the main benefits of using an agent for directors, based on your ad-hoc experience of assisting directors and your business of acting for writers?

JW: From when I first started Scriptease I have had directors approaching me wanting two basic services: the contract writing, negotiation, and dispute resolution that is one of the key benefits I offer my client writers, and access to scripts (shorts, features and TV). The second service I am currently offering as a subscription service to directors, who pay a fee every six months to have unlimited access to all the scripts I have on my books. The fee is designed to just cover my administrative costs.

The benefits associated with using an agent to negotiate a contract on your behalf are probably self evident, but involve the likelihood of getting a higher fee (I recently negotiated a 33% increase on a writer's fee), the certainty that all loopholes have been covered and that your contract has been looked over and probably amended by someone who's on your side, and the not-to-be-sneered-at advantage of removing all talk of business and money from all your dealings with your producer.

Another benefit for directors in becoming part of the agency would be the networking opportunities between them and my client writers that would arise, not just in terms of access to scripts, but in the chance to develop creative relationships. I have already fostered several such partnerships to great success. Opening up the networks for directors in terms of getting work offers or at the least bringing the creatives together - writers with scripts and directors looking for scripts - is a definite benefit.

SDGNZ The Guild has seen directors' contracts, which have clauses that are quite unacceptable in terms of both creative rights and working conditions. In your experience do you think this happens often, and if so why?

JW It happens all the time and I think it stems from two things. Firstly, some producers have been doing this forever and getting away with it, so why change now? Secondly, writers and directors are often so grateful to be given a job of any description that they'll agree to almost any terms just to get the opportunity to practice their craft.

SDGNZ The Guild put on a negotiation skills workshop more than two years ago, which at the time was very informative. But we know from experience each director's ability to negotiate effectively for him or her self varies greatly just as does talent and personality. Do you think this is a skill that is part and parcel of being a director, after all they have to negotiate to see their creative vision enacted, or that there is more often an emotional barrier to negotiating terms like money and working rights?

JW Money is always a sticky subject, and working rights and terms basically come back to money, too. It can be difficult to debate terms with someone whether they're offering you what may be a once in a lifetime opportunity or just a quick buck. There's a feeling that if you come across as difficult, they'll just turn around and offer it to someone else. There may be some instances where this is true, but if you're trying to advance your career, these probably aren't the sort of jobs you want, anyway. And if you're doing it for the money, first and foremost, then all the more reason to be paid what you're worth.

An agent, however, can walk into such a situation, find out where the producer stands, confidentially of course, and find an amicable compromise to suit both parties without either feeling they've put their egos or their wallets on the line. Directors don't have to do it in other countries, why should they have to do it here?

SDGNZ Key creative rights such as: the director having an absolute right to instruct the editor and to make whatever changes they deem necessary in preparing the directors cut, the right to a directors' final cut, adequate scheduling allowed for pre and post-production, the producer being required to immediately deliver to the director any changes or additions in scripts during shooting and being entitled to see the dailies of each day's shooting are amongst a host of creative rights the Guild would like to see improved in contracts. Are similar creative rights for writers areas you have been able to improve in their contracts?

JW I have the good fortune of having the NZWG Screenwriter's Agreement to work with as a basic guideline, but often find the contract I'm sent by a producer needs a lot of work before it is acceptable to me and my client writer. There is often much emphasis placed on the obligations of the writer, and none on the producer. Points are often omitted, and quite often, some negotiation has to be entered into to arrive at a timetable that is reasonable to both parties. I have never yet found a situation that wasn't negotiable, however. And, to be fair, most producers are only too willing to make reasonable changes. I think, often, they are using an old contract they themselves have not read over for some time (if ever), and sometimes, I'm sure, they're just trying it on to see if they can get away with it.

SDGNZ Economic rights we are interested in include: If a director is terminated, laid-off, replaced, or discharged there being criteria that the replacement director must meet before taking over the project, improving financial provisions if a director is terminated, discussions of a play or pay clause and directors being paid on a daily rate when the project has gone over schedule. Are these areas you think you can improve in directors' contracts? Are there similar concerns for writers?

JW A large part of the standard writer's contract I use is dedicated to clarifying the situation should the writer's agreement be terminated for whatever reason. I think this is probably one of the most important areas of protection of rights that a contract provides. If the producer's obligations in such a circumstance are made clear from the outset, there is less likelihood of the Agreement being terminated arbitrarily. I see absolutely no reason why this shouldn't also be the case for directors, though the specifics, necessarily, will differ.

SDGNZ Finally what do you think are the advantages for producers - the other
half of the 'contract marriage' - in using an agent as the intermediary?

JW All of the producers I deal with consider it an advantage to operate through an agent. Firstly, they find that most writers don't know their way round a contract to start with, so any discussion or negotiation is hampered by the need to explain the contract at length - something I can do for them.

Secondly, most disputes arise, not over the project, per say, nor the development process, but over fees and terms and contractual obligations. If the producer never has to discuss these aspects directly with the writer, their relationship is that much more likely to remain amicable - an outcome transparently appealing to both parties. I also keep an eye on things during the term of the contract and will do my best to ensure the writer meets their contractual obligations, taking some pressure off the producer.

The other reason producers contact me is because I can give them a choice of writer. I have writers of various ages and ability (and both sexes). If a producer is not looking for a specific writer then, when a job comes in, all those writers interested in the project submit a CV and a writing sample. The producer makes a decision based on the material and a follow up meeting, and then, if both parties are happy, a contract is drawn up. Previous to there being a writers agency, producers used to call on the same few writers they knew, making it desperately hard for new writers to break into the industry.

Jane Warren will be at the Gypsy Tearoom in Richmond Rd, Grey Lynn, on Tuesday 22 April from 7.30 - 9.30 pm to discuss a directors agency with SDGNZ members over drinks.

This interview was reprinted with the permission of the Screen Directors Guild New Zealand