Minimum Basic Agreement

 

Schedule of Minimums
Scriptwriters Association of Malaysia
2002 Theaterical and Television Basic Agreement

1. SWAM Membership

The writer must be a member of the Scriptwriters Association of Malaysia and his/her membership must be active and has not expired or terminated.

2. Assessment Period for Readymade Scripts

The asessment period for readymade scripts shall be for 2 weeks and must never exceed 4 weeks in any case whatsoever. Once the assessment period is completed the writer is at liberty to sell his script to another producer. The company is required to pay a nominal sum to be agreed by both parties as a sign of good faith. This payment is not refundable but will contribute to the price of the script should the sale transaction takes place

3. Services to perform

Before a writer is employed, The Production Company shall clarify explicitly the writing services that the writer is being hired to perform, which include the number of "steps" and the amount of money to be paid for each step. (For example, to write a separate story, or to go directly to screenplay or teleplay).

4. Writing not subject to Acceptance or Approval

The Company may not ask the writer to perform any services payment for which is contingent upon the acceptance or approval of the material. For example, the producer may not say "Write up the story and, if I like it, I'll pay for it."

5. Previous Writers

The Company must notify the writer of any writers writing previously, and/or of any other materials upon which the work is to be based.

6. Silmutaneous Writers

The Company must also notify the writer of any writers hired to write simultaneously with the writer and of any writer hired subsequent to the writer.

7. Source Material

Any source material referenced in the writer's contract is owned by the Company at the time of the assignment, and that all writers' contracts properly identify and reference the same materials upon which the work is to be based.

8. Company Authorized Representative

The Company must specify in the writer's contract the name(s) of the person(s) who may authorize the writer to write, and where and to whom to deliver material. The writer should not deliver literary material to anyone other than the person(s) named in the writerr contract.

9. Meeting with Network

The writer should meet simultaneously with the producer and the network to discuss notes, and network notes should be delivered to the writer and the producer at the same time.

10. Director

If the writer is employed when the director is assigned, the Company should arrange a meeting between the writer and the director.

11. SWAM's Contracts Commitee

A copy of the writer's contract (and any amendments) must be submitted to the Contracts Committee of the Scriptwriters Association of Malaysia.

12. Commencement Monies

The Company must pay commencement monies, at not less than SWAM minimum, to the writer by the next regular payday in the week following the week in which the writer is instructed to commence.

13. Payment within 48 Hours of Delivery

The Company must pay the writer not less than SWAM minimum for each piece of literary material written at the Company's request, within 48 hours of delivery.

14. Payment not Contingent to Approval or Payment from Network

When the project is for a network the Company may not use the network's failure to reimburse it as an excuse for not paying for material delivered. If the writer have an overscale deal which provides for two sets of revisions and a polish, the producer may have been authorized by the network to request and receive payment from the network for a "producer's draft," without having to submit each draft to the network. In any event, payment may not be contingent on delivery of a draft to a network, or payment from the network.

15. No Service or Sale Less Favourable

The writer may not perform services or transact a sale at terms less favourable than the MBA (including performing uncompensated rewrites or polishes).

16. Appropriate Residuals

The Company must pay the writer appropriate residuals as the writer's film is released to various markets (free television, pay television, basic cable, videocassette, cd-rom, multimedia games, etc.).

17. The Right to Rewrites

If the writer sell or option an original screenplay or teleplay, the Company must offer the writer the first rewrite of the teleplay, unless time constraints render that assignment impractical and unless the writer "waive" this right in the writer's contract.

18. Replacing the Writer

If the writer sell an original screenplay or teleplay or the writer is employed to write an original screenplay or teleplay and the Company contemplates replacing the writer, the Company is required to arrange for the writer to meet with a creative executive or producer who has read the material to discuss the Company's view and give the writer a reasonable opportunity to discuss continuing to perform writing services on the project.

19. Revisions

The producer or a creative executive must consult with the writer regarding each set of revisions requested.

20. Name on Script Cover Page

The name of each writer on the project must be included on the script cover page until writing credits are determined by the Association. Once the Association has made a final determination of writing credits, only the names of the credited writers shall appear on the cover page of the material.

21. Rights to Participation during Pre-Production and Production

The writer shall be given the rights to participation during all Pre-production and Production meetings including the producer's meetings, the director's meetings, and enhanced participation in production meetings. The writer will be given the rights to make the mandatory offer to make changes and is entitled to location expenses

22. Rights to Participation after Production

As a participating writer, the writer must be given an opportunity to view the director's cut of the film within 48 hours of the Company's viewing. If, in lieu of a viewing, the Company is provided with a videocassette copy of the cut, the writer must also receive a videocassette copy of the cut.
The writer shall be given the rights to attend screenings and is entitled to a copy of the shooting script

23. Rights to On-Screen Credit

The writer is entitled to On-Screen credit, second position placement of the writer's credit, and the rights to use a Pseudonym

24. Tentative Writing Credits

The Company must submit a Notice of Tentative Writing Credits and a copy of the Final Shooting Script to all participating writers on the project and the Association. Participating writers are writers who were employed to perform writing services or who sold material under SWAM jurisdiction for the project. The Company must list on the Notice the names of all participating writers and propose the writing credit the Company in good faith believes to be an accurate credit. Each participating writer (or SWAM) may protest the proposed credit and request a credit arbitration within a limited period of time. The writer should contact the Company if the writer want the Notice to be sent to a place other than that listed in the writer's contract for receipt of notices (e.g., new agent, changed address, etc.).

25. Credits and SWAM

The Company must include the Association-determined writing credit in all publicity and advertising where the director or producer is mentioned, with certain exceptions.

26. Publicity and Promotions

The credited writer(s) should be included in all aspects of publicity and promotion including press kits, previews and premieres.

27. Copyrights

Initial legal control of a script rests with the copyright holder which includes reproduction of copies, distribution of copies, performance rights, public display rights and the right to prepare deriative works

28. Seperated Rights

Seperation of rights is the transferring of copyright by the writer in his work to the employer. This will have to be defined clearly between the writer, the company and the network as to the rights purchased by the company and by the network and the rights retained by the writer in theaterical and television literary works including publication rights, sequel payments and dramatic rights for stage, etc

29. Existing Credit Obligations

The company must inform the writer of any existing credit obligations regarding assigned material.

30. Compensation

1) Theaterical Compensation

		LOW	MED	HIGH
A.  Original Screenplay, including Treatment		RM 10,000	RM 20,000	RM 30,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 4,000	RM 8,000	RM 12,000
	Delivery of First Draft Screenplay	RM 4,000	RM 8,000	RM 12,000
	Delivery of Final Draft Screenplay	RM 2,000	RM 4,000	RM 6,000
B.  Non-Original Screenplay, including Treatment		RM 8,000	RM 16,000	RM 24,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 3,500	RM 7,500	RM 10,000
	Delivery of First Draft Screenplay	RM 3,500	RM 7,500	RM 10,000
	Delivery of Final Draft Screenplay	RM 1,000	RM 2,000	RM 4,000
C.  Additional Compensation for Story included in		RM 5,000	RM 7,500	RM 10,000
	Screenplay
D. Rewrite of Screenplay		RM 10,000	RM 20,000	RM 30,000
E. Polish of Screenplay		RM 5,000	RM 10,000	RM 15,000

F. Issuance Of Contract/Deal Memo

The MBA requires timely delivery, generally 10 to 12 days, of a contract or deal memo to    the writer or the writer’s representative after agreement on the major deal points

G.  Payment Schedule

• Upon Commencement of writing services
• Within 48 hours of delivery
• Payment shall not be contingent upon the acceptance or approval by the company of the literary material so delivered

H. Script Publication Fees for VCD/DVD

Credited writers received RM 5,000 within 30 days after the VCD/DVD rights are sold  to a third party

2) Network Prime Time

		LOW	MED	HIGH
A.  15 minutes or less		RM 300	RM 450	RM 600
	Installments:
	Delivery of Original Treatment/Synopsis	RM 100	RM 150	RM 200
	Delivery of First Draft Screenplay	RM 150	RM 200	RM 300
	Delivery of Final Draft Screenplay	RM 50	RM 100	RM 100
B.   30 minutes or less		RM 500	RM 1,000	RM 1,500
	Installments:
	Delivery of Original Treatment/Synopsis	RM 100	RM 200	RM 300
	Delivery of First Draft Screenplay	RM 300	RM 600	RM 900
	Delivery of Final Draft Screenplay	RM 100	RM 200	RM 300
C.  60 minutes or less		RM 1,000	RM 2,000	RM 3,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 200	RM 400	RM 600
	Delivery of First Draft Screenplay	RM 600	RM 1,200	RM 1,800
	Delivery of Final Draft Screenplay	RM 200	RM 400	RM 600
D.  90 minutes or less		RM 1,500	RM 3,000	RM 4,500
	Installments:
	Delivery of Original Treatment/Synopsis	RM 300	RM 600	RM 900
	Delivery of First Draft Screenplay	RM 900	RM 1,800	RM ,2700
	Delivery of Final Draft Screenplay	RM 300	RM 600	RM 900
E.  120 minutes or less		RM 2,000	RM 4,000	RM 6,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 400	RM 800	RM 1,200
	Delivery of First Draft Screenplay	RM 1,200	RM 2,400	RM 3,600
	Delivery of Final Draft Screenplay	RM 400	RM 800	RM 1,200

G. Payment Schedule

• The Company will make the payments within 48 hours of delivery
• Payment shall not be contingent upon the acceptance or approval by the company of the literary material so delivered

H. Teams

• The minimums are generally payable to each writer
• However, a bona fide team of 2 writers who agree, prior to employment, to be a team, may split not less than minimum
• In addition the company may employ a team of 3 writers for no less than 200% of minimum initial compensation. No individual writers may receive less than 1/3 of the above increased minimums

3) Other than Network Prime Time

		LOW	MED	HIGH
A.  15 minutes or less		RM 200	RM 300	RM 400
	Installments:
	Delivery of Original Treatment/Synopsis	RM 50	RM 50	RM 100
	Delivery of First Draft Screenplay	RM 100	RM 200	RM 250
	Delivery of Final Draft Screenplay	RM 50	RM 50	RM 50
B.  30 minutes or less		RM 400	RM 800	RM 1,200
	Installments:
	Delivery of Original Treatment/Synopsis	RM 50	RM 100	RM 200
	Delivery of First Draft Screenplay	RM 300	RM 600	RM 800
	Delivery of Final Draft Screenplay	RM 50	RM 100	RM 200
C.   60 minutes or less		RM 800	RM 1,500	RM 2,500
	Installments:
	Delivery of Original Treatment/Synopsis	RM 100	RM 200	RM 300
	Delivery of First Draft Screenplay	RM 600	RM 1,100	RM 1,700
	Delivery of Final Draft Screenplay	RM 100	RM 200	RM 300
D.  90 minutes or less		RM 1,300	RM 2,500	RM 4,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 200	RM 400	RM 600
	Delivery of First Draft Screenplay	RM 900	RM 1,700	RM ,2700
	Delivery of Final Draft Screenplay	RM 200	RM 400	RM 700
E.  120 minutes or less		RM 1,800	RM 3,500	RM 5,000
	Installments:
	Delivery of Original Treatment/Synopsis	RM 300	RM 600	RM 700
	Delivery of First Draft Screenplay	RM 1,200	RM 2,400	RM 3,600
	Delivery of Final Draft Screenplay	RM 300	RM 500	RM 700

G.  Payment Schedule

• The Company will make the payments within 48 hours of delivery
• Payment shall not be contingent upon the acceptance or approval by the company of the literary material so delivered

H. Teams

The minimums are generally payable to each writer

• However, a bona fide team of 2 writers who agree, prior to employment, to be a team, may split not less than minimum
• In addition the company may employ a team of 3 writers for no less than 200% of minimum initial compensation. No individual writers may receive less than 1/3 of the above increased minimums

A. Rewrite

	15 min or less	RM   300
	30 min or less	RM   800
	60 min or less	RM 1,500
	90 min or less	RM 2,500
	120 min or less	RM 3,500

B. Polish

	15 min or less	RM   150
	30 min or less	RM   400
	60 min or less	RM 750
	90 min or less	RM 1,250
	120 min or less	RM 1,750

C. Long-Term Story Projection

	30 min or less	RM   100 per episode
	60 min or less	RM   200 per episode

Note: the duration is equivalent to the program aired over the network and not to actual duration of the work itself

A. Series Sequel payments

	30 min or less	RM   200 per episode
	60 min or less	RM   400 per episode

B. Telefilem Sequel Payments

120 min or less

RM   800 per sequel

C. Character “Spin-Off” Payments

Character Spin-off payments equal to the above sequel payments are payable to the writer who introduces a new character in a serial, episodic, anthology or one-time show if such a character becomes the central character in a new serial or episodic series

D.  Rerun Compensations  

To be discussed with the network first

E. Foreign Telecast Compensation  

To be discussed with Producers Associations (if the program is sold directly by the Producer)  or/and the network (if the program is sold inclusive of total rights to the network)

Note: This is totally relevant once AFTA is enforced

4)  VCD and DVD

		LOW	MED	HIGH
A.  60 minutes or less		RM 3,000	RM 4,000	RM 5,000
	Installments:
	Delivery of Synopsis	RM 500	RM 750	RM 1,000
	Delivery of First Draft	RM 2,000	RM 2,500	RM 3,000
	Delivery of Final Draft	RM 500	RM 750	RM 1,000
B.  120 minutes or less		RM 6,000	RM 8,000	RM 10,000
	Installments:
	Delivery of Synopsis	RM 1,000	RM 1,500	RM 2,000
	Delivery of First Draft	RM 4,000	RM 5,000	RM 6,000
	Delivery of Final Draft	RM 1,000	RM 1,500	RM 2,000

C. Rewrites

	60 min or less	RM  4,000
	120 min or less	RM 8,000

D. Polish

	60 min or less	RM 2,000
	120 min or less	RM 4,000

5) Internet and Multimedia

	5 min or less	RM   200
	10 min or less	RM   400
	15 min or less	RM   600
	30 min or less	RM  1,200
	45 min or less	RM  1,800
	60 min or less	RM 2,400
	75 min or less	RM 3,000
	90 min or less	RM 3,600
	120 min or less	RM 4,800

6) Bonus

Subject to negotiation and as per individual contract.
(See clause 13 of SWAM’s Writer’s Production Contract)

31. Premieres and Festivals

If writer receives writing credit, Company shall provide Writer and one (1) guest with an invitation to the initial celebrity premiere or any film festivals, if held, with travel and accommodations at a level not less than the director or producer of the project.

32. Transportation and Expenses

If Company requires the writer to perform services hereunder at a location more than 20 miles from the writer's principal place of residence, the writer shall be given appropriate transportation (or expenses) to and from such location and meals

33. Results and proceeds

All results, product and proceeds of Writer's services (including all original ideas in connection therewith) are being specially ordered by Producer for use as part of a Motion Picture and shall be considered a "work made for hire" for Producer as specially commissioned for use as a part of a motion picture in accordance with the Malaysian Copyright Act. Therefore, Producer shall be the author and copyright owner thereof for all purposes throughout the universe without limitation of any kind or nature. In consideration of the monies paid to Lender hereunder, Producer shall solely and exclusively own throughout the universe in perpetuity all rights of every kind and nature whether now or hereafter known or created in and in connection with such results, product and proceeds, in whatever stage of completion as may exist from time to time, including: (i) the copyright and all rights of copyright; (ii) all neighboring rights, trademarks and any and all other ownership and exploitation rights now or hereafter recognized in any Territory, including all rental, lending, fixation, reproduction, broadcasting (including satellite transmission), distribution and all other rights of communication by any and all means, media, devices, processes and technology; (iii) the rights to adapt, rearrange, and make changes in, deletions from and additions to such results, product and proceeds, and to use all or any part thereof in new versions, adaptations, and other Motion Pictures including Remakes and Sequels; (iv) the right to use the title of the Work in connection therewith or otherwise and to change such title; and (v) all rights generally known as the "moral rights of authors."

34. Warranty and Indemnification

Writer hereby represents and warrants as follows:

A. The writer is free to enter into an agreement with the company and no rights of any third parties are or will be violated by the writer entering into or performing of the said agreement. The writer is not subject to any conflicting obligation or any disability, and the writer has not made and shall not hereafter make any agreement with any third party, which could interfere with the rights granted to the company hereunder or the full performance of Writer's obligation and services hereunder.

B. All of the Work (and the Property, if any) shall be wholly original with the writer and none of the same has been or shall be copied from or based upon any other work unless assigned in this contract. The reproduction, exhibition, or any use thereof or any of the rights herein granted shall not defame any person or entity nor violate any copyright or right of privacy or publicity, or any other right of any person or entity. The warranty in this subparagraph shall not apply to any material as furnished to the writer by the company (unless such furnished material was written or created by the writer or originally furnished to the company by the writer) or material inserted in the Work by the company, but shall apply to all material which the writer may add thereto.

C. The writer is sole owner of the Property together with the title thereof and all rights granted (or purported to be granted) to the company hereunder, and no rights in the Property have been granted to others or impaired by the writer, except as specified, if at all, in this Agreement. No part of the property has been registered for copyright, published, or otherwise exploited or agreed to be published or otherwise exploited with the knowledge or consent of the writer, or is in the public domain. The writer does not know of any pending or threatened claim or litigation in connection with the Property or the rights herein granted.

D. The writer shall indemnify and hold harmless Company (and its affiliated companies, successors, assigns, and the directors, officers, employees, agents, and representatives of the foregoing) from any damage, loss, liability, cost, penalty, guild fee or award, or expense of any kind (including attorney's fees (hereinafter "Liability") arising out of, resulting from, based upon or incurred because of a breach by the writer of any agreement, representation, or warranty made by the writer hereunder. The party receiving notice of such claim, demand or action shall promptly notify the other party thereof. The pendency of such claim, demand, or action shall not release the company of its obligation to pay the writer sums due hereunder.

E. The company agrees to indemnify the writer and hold the writer harmless from and against any and all damages and expenses (other than with respect to any settlement entered into without the company's written consent) arising out of any third party claim against the writer resulting from the company's development, production, distribution and/or exploitation of the Project.

35. No Injunction Relief

The sole right of the writer as to any breach or alleged breach hereunder by the Company shall be the recovery of money damages, if any, and the rights herein granted by the writer shall not terminate by reason of such breach. In no event may the writer terminate the Agreement or obtain injunctive relief or other equitable relief with respect to any breach of Company's obligations hereunder.

36. Profit Participation

Terms to be negotiated in good faith.

37. Scriptwriters Association of Malaysia (SWAM)

No. 27-2 Jalan 3/4C,
Desa Melawati,
53100 Kuala Lumpur

Tel: : +603 4161 3861
Faks : +603 6150 0630
E-mail : This e-mail address is being protected from spambots. You need JavaScript enabled to view it