Working with Writer Employment Agreements + Free Templates

What’s a Writer Employment Agreement typically used for? 

A Writer Employment Agreement is a legal contract between a producer (or production company) and a screenwriter. It outlines the terms and conditions under which the writer will provide their services, detailing everything from the scope of work to compensation and ownership of the final product.

Why should you use a Writer Employment Agreement?

Creating a detailed Writer Employment Agreement puts everything in… well…writing! Both you and the writer you’re working with can feel confident that you are moving forward with a shared understanding of what’s ahead.

A clear agreement also gives both parties an ironclad document to refer to in case there are any disagreements later down the road and how to best proceed if you need to part ways.

What does a Writer Employment Agreement usually include? 

Wrapbook’s pair of templates are completely customizable according to your production’s needs, but most agreements will include some version of the following: 

Services/Form of Work

This section specifies the type of writing services being contracted for, whether that’s an entire screenplay, a treatment, revisions, or all of the above. 

In addition to information on the kind of work and number of drafts the writer needs to deliver, this section could also cover other expectations for your collaboration such as the genre, approximate length, and any specific story elements or characters that must be included.

Delivery

Here, your Writer Employment Agreement outlines deadlines for drafts and revisions. 

This isn't just about the final deadline. Often a Writer Employment Agreement includes milestones for various stages of the writing process. It may specify the format for delivery (e.g., PDF, Final Draft file) and the method of submission. Some agreements also include provisions for extensions or penalties for late delivery.

Performance Standards

While the quality of the completed material is somewhat subjective, this section is useful for including clauses about the writer's duty to incorporate notes from producers or executives, as well as the extent to which the writer is expected to be available for meetings or calls about the project.

Compensation

This section details payment amounts, schedules, and any potential bonuses or royalties owed to the writer. 

It might break down payments for different stages of work (e.g., 50% upon signing, 25% upon first draft delivery, 25% upon final draft approval) or cover reimbursements for research and travel related to the writing.

Warranties/Representations/Indemnities

A complete Writer Employment Agreement needs to provide assurance that the writer’s work is original and doesn't infringe on others' rights. 

This is crucial for protecting you and/or your company from potential legal issues. Some agreements also require the writer to indemnify the producer (compensate them for damages or loss) against any claims arising from a breach of these warranties.

Ownership

Use this part of the agreement to specify who owns the final product and any derivative works. 

In most cases, the producer or production company will own all rights to the screenplay, but there can be exceptions. It might also cover the writer's right (or lack thereof) to use the material in their portfolio or for other non-commercial purposes. For adaptations, this section would also address the underlying rights.

Notices/Payment

This part details how official communications and payments will be handled. 

Make sure to include contact information for both parties (phone number, mailing address, email address) and designate specific individuals or roles for certain types of communication (creative discussions, payment inquiries, etc). 

For payments, you might think about specifying the payee (which might be the writer's loan-out company rather than the writer personally) and method of payment (e.g., check, direct deposit).

Credit

The credit section outlines how the writer will be credited in the final product. It might specify the size, placement, and wording of the credit.

For writers in the WGA, this section should reference WGA rules on credit determination. 

What are the typical differences between a contract for a non-union writer versus union writer?

If the writer you’re working with is a member of the Writers Guild of America (WGA), there are a number of guild-mandated rules you will need to be aware of when drafting your writer agreement.

First and foremost, WGA contracts must adhere to guild-mandated minimum rates, which vary depending on the type and length of project (feature film, 30-minute television episode, 60-minute television episode, etc.) These rates are negotiated between the WGA and production companies and typically increase annually.

You should also be aware that credit determination in WGA contracts will not be up to you or the writer. The WGA follows strict guidelines and specific procedures for determining "written by," "story by," and other credits, especially when multiple writers have worked on a project. If there's a dispute over credits, the WGA has a formal arbitration process to resolve it, and its decision is binding.

A Writer Employment Agreement for a WGA writer will need to account for residuals, or payments these writers are owed when their work is reused, such as in reruns, streaming platforms, or syndication. The calculation of these residuals is often complex and it’s highly recommended that you consult with WGA directly when including them in your writer agreement.

Finally, a union writer agreement contract must also include provisions for the writer’s pension and health benefits. These are the payments that production companies are required to make towards the WGA's pension and health funds based on the writer's compensation. 

Also known as “fringes,” these contributions are calculated as a percentage of the writer's earnings and are paid directly to the guild, ensuring writers maintain their health coverage and build toward retirement.

Who normally is involved in the contracting of a Writer Employment Agreement? 

The process of crafting a Writer Employment Agreement typically involves several key players from both sides of the deal.

First, there’s you: the producer or production company representative who initiates and oversees the agreement process. They will sometimes work directly with the screenwriter, or in the case of a writer with representation, their agent or manager. In the case of a particularly complex deal, one or both sides may seek legal representation to review the terms.

When working with WGA writers, the Guild (or a representative acting on their behalf) may also supervise the process to ensure all terms comply with WGA regulations and minimum requirements, particularly regarding issues like credit, compensation, and benefits.

Wrapping up

A finely-tuned Writer Employment Agreement for either a union writer or non-union writer is the first step in the foundation of a successful collaboration between producers and screenwriters. It protects both parties, sets clear expectations for payment and delivery, and allows everyone to focus on what really matters—creating great content.

If you’re ready to get your next writing project off on the right foot, download our free Writer Employment Agreement templates. For more on how to work with writers, check out our interview with Jon Stahl for our On Production podcast or our producer’s guide to optioning material.