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Bollywood writers fight ‘unfair’ contracts

  • Written by Sherylan Moran
  • BBC News, Mumbai

image source, Getty Images

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Bollywood writers say strict clauses in contracts impact creativity

Writing is a lonely job, and for many in India’s Bollywood, it’s not a lucrative one.

Unless a screenwriter gets a big break, a successful movie, and gets credit for it as well. But until then, money and opportunities are often in short supply.

The main reason for this, the writers say, is the “draconian contract” they have to sign, which they claim is designed to protect the producers’ interests.

“Most contracts have arbitrary termination clauses and offer a nominal fee, especially to newcomers,” he said. Anjum Rajabali, a senior member of Members from all over the country.

“They also don’t pay screenwriters for reworking drafts and give producers the right to decide whether to credit their work to screenwriters or not,” Rajabali said, adding that in part along with producers, who added that their contracts even prohibit screenwriters from approaching the union in the event of a dispute.

SWA has been advocating for the rights of its members for decades, but recently it has sought more proactive ways to alleviate the alleged power imbalance between producers and writers. .

In December, the company held a meeting to discuss changes the writers wanted to make to their contracts. More than 100 writers were in attendance, including some of Bollywood’s biggest names such as Abbas Tailewala and Sriram Raghavan.

“The plan now is to get the producers across the table and work with us to make the contracts fairer,” Rajabali said, adding that writers should be given better pay and some form of employment. “Most producers agree” that stability is needed, he added.

The BBC emailed questions to the Producers Union of India but did not receive a response.

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Last year, hardline Hindu groups sparked a controversy over the color of the bikini in a song from the movie “Pattern.”

The successful end of a months-long writer’s strike in the US last year has given Indian screenwriters more confidence in voicing their demands. The strike brought Hollywood to a standstill, forcing producers to agree to better terms for screenwriters.

But India’s movement is still in its infancy, and experts say something drastic like a strike is unlikely to happen anytime soon. This is partly because of the way the industry works, where good relationships are key to getting a job, and partly because there are so many people waiting for a break.

This is also because author contracts are a relatively new phenomenon in India. Until the mid-2000s, writers relied on producers’ “words” to get paid. Even the amount for the script was negotiated verbally, with the producer paying the writer irregularly rather than in regular installments.

“Once big corporations started funding studios, contracts were given to screenwriters. But as producers sought to increase profits and reduce financial risk, contracts became more stringent and unreasonable. ” said Rajabali.

He points out that many producers have begun adding particularly unfair clauses to their contracts. It requires writers to compensate producers for losses caused by protests and controversy caused by their films.

He says this is because hard-line groups are increasingly targeting movies for “hurting religious sentiments”. Protesters have torn posters, vandalized movie sets and complained about offensive lines and scenes.

As a precaution, producers have started asking lawyers to sign off on scripts, Rajabali said, adding that it is unfair to ask screenwriters to “cover your losses after you buy the script.”

image source, Getty Images

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WGA reaches agreement with Hollywood studios after 146-day strike

Writers argue that these provisions leave them in a vulnerable position, and that their insecurities are affecting their creativity.

Hitesh Kewaliya, a Mumbai-based screenwriter, remembers how difficult his life was before he managed to get a foothold in the industry.

He quit his job in advertising to become a screenwriter, but struggled to pay his rent.

“At one point, I had written seven movie scripts, but I didn’t get paid for any of them because the movies weren’t produced,” Kewaliya says.

He added that things haven’t changed much for writers today, with many leaving the industry due to difficulty making a living.

However, there are glimmers of hope as some producers begin to take corrective measures.

Nikhil Taneja, who previously held a senior position at one of Bollywood’s biggest film production companies, says he has started offering scriptwriters working at his company, Yuvaa, compensation based on the size of the project. This means that if the platform increases the budget for a project, the writer’s compensation will also increase. This is a rare clause in the entertainment industry.

Taneja admits that writers’ contracts are exploitative, but says it’s more due to the nature of filmmaking.

“Movie production is a risky business because there is no science. A movie with the best director and biggest star can fail or struggle to be released. And it’s the producers who have to bear the losses.” ” he says.

Sure, producers reap the most profits when a movie does well, but even when it doesn’t, they still have to pay people.

He says the proliferation of streaming platforms is making it harder for movies to be discovered and watched, let alone become hits.

Another reason is the way the film is made. Scripts are often changed during filming due to input from actors, directors, and dialogue writers. It may also change significantly during editing.

“The finished product is very different from the initial script, which is why the producer pays the bulk of the writer’s fee toward the end of the project,” Taneja says.

But this doesn’t mean things should continue the way they are, he says, and screenwriters whose scripts are the building blocks of movies should be treated better. “But this will only happen if writers come together and demand their rights. Only then will the industry take notice,” he says.

Meanwhile, Rajabali said SWA will continue to press for demands such as paying all writers at least a minimum base fee, giving them due credit, and eliminating exploitative termination and indemnity clauses in contracts. Stated.

“The battle will be long, but writers are known for being patient people.”

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