The film daily year book of motion pictures (1938)

E. No produclion executive shall be entitled to ahare in the screen authorship screen credit unless he does the screen writing entirely without the colliboration of any other writer. F. When more than one (1) writer has substantially contributed to the screen authorship of a photoplay, then all such writers shall have the right to agree unanimously among themselves as to which one (1) or two (2) or in exceptional cases three (3) of them shall receive credit on the screen for the authorship of the screen play. If at any time during the course of production all such writers so agree, then the producer shall not be obligated to issue the notices specified in paragraphs J through P of this section. G. The producer shall have the right to determine in which one of the following places the screen play credit shall appear on the screen: (1) On the main title card of the photoplay. (2) On the same title card on which the name of the director appears, in which case, except for the name of the director, the screen play credit shall appear at the top of the title card and in type materially larger than that used for anything else on the card. (3) On the title card on which credits are given only for the screen play. (4) On a title card on which credits are given only for the screen play and for the original or source material. In such case the credit to the screen play writers shall appear at the top of such title card and in type materially larger than that used to display the names of the author or authors of the original material. H. While it is recognized that creative achievement is not susceptible to exact mathematical determination, the following shall constitute the basis of assignment of screen authorship credits and shall guide both producers and writers in the determination of such credits: (1) A writer whose contribution is judged by the producer to represent more than ten per cent (10%) of the value of the completed screen play shall be considered a substantial contributor. As a substantial contributor he shall be entitled to particijjate in the procedure for determination of screen credits and shall be listed in any publication issued pursuant to the provisions of subdivision I of this section 11. (2) A writer whose contribution represents more than twenty-five per cent (25%) of the value of the completed screen play shall be entitled to screen credit. (3) In the exceptional case that no two (2) writers contribute more than fifty per cent (50%) of the value of the completed screen play, the screen credit shall be shared by the two (2) or three (3) writers whose work represents the greatest aggregate value. (4) When screen credit is shared by two (2) or three (3) writers their names shall be listed in the order of the relative value of their contributions. I. The screen credits and also the work of writers making substantial contributions but not receiving screen credit may be publicized and each writer signing a contract including the provisions of this basic agreement for the determination of credits also thereby authorizes the publication of such data with regard to his work. J. Before the screen credits for screen authorship are finally determined, the producer shall send a written notice to each writer who has substantially contril)uted to the screen play. This notice shall state the producer's choice of credits on a tentative basis, together with the names of the other substantial contributors and their addresses last known to the producer. K. The producer shall make reasonable efforts in good faith to communicate with such writers. The notice specified in the foregoing paragraph may be sent by telegraph to writers outside of the Los .\.ngeles area or by telegram, messenger or special delivery mail to writers in such area. No notice need be sent to writers outside of the Uriited States or writers who have not filed a forwarding address with the producer. L. The producer shall keep the final deterrflination of screen credits open until a time specified in the notice by the producer, but such time shall be not earlier than six o'clock p.m. of the next business day following dispatch of the notice above specified. If by the time specified a written notice of objection to the tentative credits or request to read the script has not been delivered to the producer from any of the writers concerned, the tentative credits shall become final. M. However, if a protest or request to read the script is received by the producer from any writer concerned within the time specified in subdivision L hereof, the studio shall withhold final determination of credits until a time to be specified by the producer, which time shall be not earlier than fortyeight (48) hours after the expiration time specified for the first notice mentioned in the foregoing paragraphs. N. Upon receipt of a protest or request to read the script the producer shall make at least two (2) copies of the script available for reading at its studio. The producer shall also notify by telegraph the writer or writers tentatively designated by the producer to receive credit, informing them of the new time set for final determination. O. If, within the time limit set for final determination of credits, exclusive of any writer or writers waiving claim to screen credit, all of the writers entitled to notice have unanimously designated to the producer in writing the names of the one (1) or two (2) or in exceptional cases three (3) writers to whom screen play credit shall be given, the producer shall accept such designation. If such designation is not so communicated to the producer by such writers the producer may make the tentative credits final or change them as the producer sees fit within the requirements as to wording and limitation of names. In the event that by reason of contracts with individual writers executed prior to the effective date of this agreement, such writers have any further right of appeal from the decision of the producer, and any dispute or question arises between such writers and writers who are employed under the provisions of this basic agreement, then the procedure of appeal provided for in such earlier contracts shall control. P. Any or all of the notices specified in the foregoing paragraphs shall be sent by the producer by mailing or delivering the same to the writer concerned at his last known address. Q. In the event that after the screen credits are determined as hereinabove provided, material changes are made in the script or photoplay which in the opinion of the producer justify a revision in the screen credits, then the procedure for determining such revised credits shall be the same as that provided for the original determination of credits. R. No writer shall claim credit for any participation in the screen authorship of any photoplay for which the credits are to be determined by the procedure herein provided for prior to the time when such credits have in fact actually been so determined, and no writer shall claim credits contrary to such determination. S. From and after the effective date of this basic agreement every contract executed in California by any signatory hereto with any writer whose employment is within the terms of this basic agreernent shall contain, among other things, the provisions hereinabove in this section set forth. Should any w^riter refuse to accept such provisions, the same may be omitted but in no event shall any such contract contain any contrary provisions as to determination of credits, or any commitment that the writer shall receive credits except subject to the provisions of this section. If by reason of conflicting provisions in contracts executed prior to the effective date of this basic agreement, or in contracts executed outside of the continental United States,