The most important lessons learnt as a scriptwriter: Be our own lawyer

I live in Malaysia and I have been a freelance scriptwriter for about six years now. Recently, I encounter an occurrence that strengthens the opinion that each of us needs to be our own lawyer to fight for our rights in order to avoid lessons that we wish we did not have to learn.

I was called by a production company who produces a cooking show for AFC (Asian Food Channel). The show is being prepped into its second season now and a producer who I’ve known for quite a number of years called me for a meeting. This means that they intend to hire me as part of the writing team. There are 6 episodes in total and I was entasked to write 2 episodes. Even I have a fulltime job, this is something that pays for my craft. so I thought why not be on board.

I went to the meeting and the producer briefed me what they want out of the script. They have shared with me the past season’s example and casting videos as references. I went home and I drafted the script immediately after spending some time to learn about the show. It’s something that I know I have to do because I am new to this project (not sure why they did not hire the writers of the previous season though). The process is rather tedious, hence time is needed to be invested here.

A week later, after working on it after my day job and rather sleepless night, I managed to meet the deadline and sent the script off. It was during a public holiday when I sent it since the deadline is set as such.

A few days later, the producer texted me on WhatsApp (as opposed to calling me on the phone) and said that “Hi, thanks for your script. We have submitted all scripts on Friday (not sure which Friday was she referring to) to AFC and they were quick to revert. We feel that your writing style is unsuitable for this show. Thank you for trying and hopefully we can work together again on another project”. She then added “We can offer RMxxx as a rejection fee for the script that you have worked on”.

Apart from being dumbfounded and emotional, here’s what I thought after receiving the message:

1. I was not even briefed that I will be paid only when the production company or their client (AFC) accepts my work.
2. The rejection fee is just to shut me off (which clearly did not work because I responded / relatiated to her message after that)

Here’s what happens next. I wrote “Hi. I don’t think it’s cool for you to do that. I don’t think it’s cool for you to do that because I am clear that I was not briefed that the script will only be accepted upon approval by you or the client. I was only told that I’ll be paid for the script that I wrote, which I have delivered. It was not disclosed during the meeting the other day as well, nor it was mentioned by anyone from your end”

Of course, she did not accept what I said and she responded with “Just wanna make things clearer. When we hired you, having never worked with you, we were expecting the script to be of a certain standard, similar to the one that was given as example. And while you have written a script, it doesn’t meet our requirement so technically you have not delivered. A few things to point out are The grammar and speaking style does not suit our hosts. Which means now, its a scramble for us to hire someone else to rewrite. It is standard practice that if your script is rejected then you will receive a rejection fee out of courtesy. I’m sorry that we did not communicate this to you, but i believe that it is the industry practice?”

From this excerpt, she clearly has admitted that she did not brief me about the terms and condition, whereby I’ll only be paid IF and only IF my work is accepted.

When she brought up about the industry practice, which I think she has no right to speak for, this is how I answered her: “First thing first, when the standard doesn’t meet the requirement of standard that you’re looking at, shouldn’t you debrief the writer the work being delivered is not as what you’re looking for rather than rejecting them outright? Usually what happens is that the writer will be asked to edit the work in order to meet your “requirement”. To answer your question about industry practice, I have never come across such practice before. Even if I did, I was told beforehand of the T&C, whereby if the work is not accepted, there are options that both parties shall agree upon. What you just mentioned there clearly shows that you’ve violated the “industry practice”, whereby you did not communicate this. So I don’t think it is right for you to do that”.

She then responded me with these: “Actually the reason we didn’t discuss it earlier was we really didn’t expect to reject it. We never expected to have to reject any scripts. I can’t use your script. But you still believe that I need to pay you in full? That’s a little unfair don’t you think? And all writers will be going through 3–4 re-writes and revisions which is how we got to RMxxx. Your full rate divided by 3”

This makes me question even further:
1. Does it shows that she decided NOT to discuss about it?
2. She mentioned that she did not expect to reject any script, yet she did. 
3. If she thinks that I was not qualified to write at first, why ring me up in the first place?

I am not saying that I am a perfect writer to be able to make it right on the first draft nor am I saying I am a seasoned writer, but I believe that my 6 years of experience somehow taught me that if the producer is not happy with my work, shouldn’t it be communicated and be asked to edit it instead of rejecting it outright? This is totally uncalled for.

Upon consulting the more experienced ones, they advised that I do not stand a case here as I need to take the blame for not initiating the discussion nor did I ask ask the right question on the possibilities. Therefore, I have to give in.

When I asked her how is she planning to proceed with the RMxxx multiplied by two (as I have submitted 2 scripts), she denied that she received the 2nd script. I screenshot the email and sent it to her. Till date, she has not responded. I am not sure what is her next move.

However, this taught me and all other writers a lesson to be our own lawyer before a deal is made:

1. As a freelance writer, ensure that the other party sign a contract so that there is black & white of the terms and conditions with regards to the possibilities that happens. Even if it means hiring a lawyer to draft a contract for you, it is worth it.
2. Always be smarter when dealing with a company that you have not dealt with.
3. Don’t be fooled by the project or client that they hold. We need to protect ourselves at all cost.

I am not making a big fuss about the agreed upon amount as remuneration, but I don’t think it is acceptable for her (or them) to opt for such move, by rejecting a work they think isn’t fit what they’re looking for without giving a chance for the other party (the writer) to rework on it or allow the person to be in the loop of what is the next course of action if the work is not accepted before a decision is made.