FAQs

You will need to ensure when you get your project to a point of attracting a Producer / Production Company, that all agreements reflect the two roles you are wanting to fulfil on your project. Writing and directing are both very distinct tasks, and need to be compensated appropriately through fees, credits and scheduling.

NZWG recommends that you and the other writer(s) should create a Collaborator(s) agreement which should include some of the following elements – ownership of the work, credits, intended use (ie: feature film, web series, short film) of the works created.

There are many types of true stories that writers like to tell, these are just a few types – historical figures, friends & family, real life crimes, major public events. When writing these types of scripts, you will need to aware of the rights and liabilities involved. You can find further information about finding the original copyright owners through Intellectual Property NZ.

Published or reported stories – Consider Optioning this type of story, as you could be breaching the original authors copyright, OR the subject may have already sold the rights to their story. Just changing some details in the work doesn’t protect you from a defamation case.

A living person’s story – You will need to get their direct permission to tell this story and this should be covered by some form of legal agreement. This agreement should cover off payments, credits and elements of the story being told.

A deceased person’s story – This is dependent on when the person passed away, whether an estate has been set up that may already own the rights in this person’s life story or if direct family have objections to the person’s story being told. Dependent on when the person has passed away, you may be able to tell the story freely or you may need to acquire these rights and this should be covered by some form of legal agreement. This agreement should cover off payments, credits and elements of the story being told.

Tangata Whenua stories – NZWG recommends you seek advice from Nga Aho Whakaari about obtaining rights for these stories.

Term: *Defamation – means bringing the subject(s) into disrepute. Can result in legal action if not handled correctly.

The important issues here are between using material (e.g. writing a play based on the film Citizen Kane) and referring to the material (e.g. having characters joke about the other things ‘Rosebud’ could have referred to). Copyright law allows certain reasonable uses and incidental use in an artistic work will likely fall within that category, especially if it’s for the purpose of review, comment or satire.  If it goes beyond this type of incidental use, however, you will need permission.

If you want to re-imagine a famous work (eg. write Moby Dick from the whale’s perspective) or set a new work in an already existing locale (eg. write a new adventure set in Tolkien’s Middle Earth), you will need to take the following steps to do this.

First, check if the work is out of copyright then you can utilise it, although the copyright in some works has been effectively extended by the estates of the original authors and the only way you will know this is to approach the rightsholders.  If you are using any work still in copyright, then you will need the permission of the rightsholders.  Often this type of work can come across as fan-fiction which is not usually a commercial genre – you should consider whether you are doing this type of work for your own enjoyment or whether you are seriously re-imagining someone else’s story.

You will need to obtain permission from the rightsholder to use it. The APRA website has good information on obtaining licences for music.

You will first need to contact the most recent publisher of the book who will know whether an option has already been taken over that book / published work.  If the publisher is not the rightsholder they will likely know who you should contact.  If the rights are available, then you will negotiate with the publisher or rightsholder (i.e. the author) over the terms. The same applies to prose or poetic material you should contact the last publisher of that work for permission.

If you took a spec script (your own original idea) to a producer and they like it and want to Option it. You will need to draw up an agreement to cover this working relationship. Your agreement should include what type of work (how many further drafts of your script or re-writes etc) you agree to work for free on and for how long, and needs to include what kind of payment you will receive once the Producer has sourced funding.

If producer a comes to you with an idea (not your own idea) and you agree to write this idea into a script. You will need to get an agreement in place to cover the working relationship. “Spec” work means writing without payment initially. Your agreement should include what type of work you agree to work for free on and for how long, and needs to include what kind of payment you will receive once the Producer has sourced funding.

Screenwriters should always be seeking to upskill themselves as professionals, some key areas to focus on:

• Business of writing
• Taxes and legal issues
• Intellectual property
• Guilds and Industry organisations
• Pitching and networking

There should be an element of critique, looking at contemporary and classic works.  Students should learn to professionally critique their own work and that of others on the course.  This element should not attempt to replicate the analytic approach of academic courses, but remain firmly focused on existing film-making and theatre techniques that could help the students with their own projects.

• Story
• Structure
• Character
• Themes
• Genre
• Dialogues
• Format
• Audience
• Market

There should be creative writing exercises based on the course components and some project to develop a script idea to first draft stage.

In addition, a distinction might be drawn between courses that teach people first how to make plays or films which include a scriptwriting component and courses which are stand-alone scriptwriting courses.  Both have their place, but their focus and outcomes may be expected to differ substantially.

Finally, a good writing course will not be formulaic, but will strike a balance between stimulating and supporting students’ creativity, and communicating realistically the expectations and practices of the industry.

New Zealand writers currently have access to two collection schemes Screenrights which collects a levy for use of screen material by Australasian educational institutions and AWGACS (the Australian Writers Guild Authorship Collecting Society Ltd) which collects a levy based on works broadcast on television overseas.

The income from such agencies and societies is rarely huge but is certainly worth pursuing as New Zealand writers don't usually receive residuals for the re-use of their work.  The clause below will enable you to access these monies.  Without this clause the collected writer's levy will either go to the Producer or stay inaccessible with the international collection agency, as follows:

"Nothing in this Agreement shall prevent the Author from receiving money collected by authorised collecting societies of any country in respect of any rental and lending rights and/or in respect of any educational copying, retransmission or private copying levy and/or in respect of the other similar rights to which the Author may hereafter become entitled under the laws of any country in connection with the exploitation of the Film provided that nothing herein shall impose any obligation on the Producer to make or collect such payments."

The following list is by no means exhaustive and doesn't include all the other types of funding that Producers will utilise to get works made. This list provides a snap shot of agencies who provide funding for development. Most funding bodies require a producer to be attached to a project.

Film

• The New Zealand Film Commission

Television

• New Zealand On Air
• Te Mangai Paho
• TVNZ
• TV3

Online

• TVNZ – On Demand
• NZME – WatchMe

Theatre

• Creative NZ

Development funding, receiving funds to prepare a script for production, is what most writers mean when they talk about 'funding'. This comes from either a production company, network, theatre or a funding body such as New Zealand On Air, Creative NZ or the New Zealand Film Commission. As a rule, most funding bodies require a producer to be attached to the project before it will receive development finance.

Payment to screenwriters varies enormously from project to project and writer to writer but knowing the standard rates in New Zealand is a start. NZWG has a Recommended Rates Guide available to members which outlines typical minimum rates of pay for a variety of script work.

NZWG members should contact guildhq@nzwg.org.nz to seek specific advice. Please allow a 10 day turnaround on all advice.

Commonly, an option allows a producer (or other party such as a Production Company) the exclusive right to represent a work and secure finance for it before having to pay the work's owner the full purchase price for the rights. Option agreements allow this right for a limited time. When the option is exercised the work is purchased (by way of a purchase agreement).

In New Zealand it is generally 50 years after the death of the author, although sometimes copyright can be held by the author's estate and may be extended. The duration of copyright overseas will vary from country to country.

Author under the copyright law is the creator of the original expression in a work, in the narrow sense, an author is the originator of any written work. The author is also the owner of copyright. However, they may assign the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is the author.

NZWG offers contract advice services to members (this service is unavailable to non-members). Where NZWG can't answer questions on copyright and contractual issues they will recommend the writer enlists the services of a lawyer.

Copyright applies to work published on the internet. There are sites that enable you to post treatments and scripts which will be viewed by producers. This is a good way to get your work to overseas producers. You must ensure such sites are legitimate. If in doubt about a specific site, contact the Guild.

Registration provides a record of a writer's claim to authorship. It is not the same as copyright: all registration does is objectively establish your claim to ownership at a certain point in time. However, establishing such ownership can be critical if you ever go to court or assert your copyright in the case of plagiarism or breach of confidence.

It is first important to ensure you identify yourself as the author of the work. The most common way of doing this is to put the copyright symbol (©), your name and the year of completion on the bottom of the page (eg. © Jill Smith 2006). Secondly, register it with the NZWG. Registration will help you prove your claim to authorship.

There is no copyright in an idea, only the expression of an idea. For your idea to receive the protection of copyright you will need to develop it into something linear & tangible like a story, treatment, script, article, play etc.

No, there is no copyright in a title and while titles can be registered, this doesn't confer copyright over them. You should be aware that using a title very similar to that of an already existing work could confer passing off.

Effectively, not a lot. The best way to stop this happening is to have an agreement in place with that person to protect your idea. NZWG recommends not discussing your ideas with anyone until you have protected your work.

In most countries, yes. New Zealand is a signatory to various international treaties on copyright and your work receives protection in those countries that are signatories to the treaties. As an NZWG you can register your works with Writers Guild’s in international territories for additional protection.

Copyright' refers to a group of exclusive rights granted by law (in New Zealand it is The Copyright Act 1994) to original works. These rights allow copyright owners to control certain activities relating to the use of their work. A more detailed discussion of copyright can be found here.

Copyright applies to work published on the internet. There are sites that enable you to post treatments and scripts which will be viewed by producers. This is a good way to get your work to overseas producers.  You must ensure such sites are legitimate. If in doubt about a specific site, contact the Guild.

The NZWG has a library where members can borrow scripts. You can now find many scripts online.  Also, larger bookshops carry scripts in book form.

Contact Playmarket.  You can also hire them from Theatre New Zealand.

Some writers may be considering using AI programmes such as ChatGPT, WordTune, and ChatSonic, to assist them in the writing of their Seed applications. It is important to note that there has been no establishment of copyright for any works written by an AI programme. Which means you may be putting your 'Rights / Chain of Title' at risk when you use material generated by AI. As you will be aware, there is a declaration you must tick on your Seed Application stating you hold these rights - please make sure that you do continue to hold these rights when creating your application, or your application may be denied.

For Seed, your budget can be as simple as you like. The $7,500 can be your 'writers fee', with the remaining as a 'consultant fee'. Unless you have specific costs to cover such as research and travel for example. In particular it is important to make clear that you understand how much of the Grant goes directly to the writer, and how much of it is for consultancy services and will be paid directly to a consultant or development process.

Yes, NZWG selects a different diverse and experience range of judges every round.

Did you know, in 2018 NZWG made a commitment to support diverse screenwriters and stories through the Seed and Seed Advanced programme. The blind-read process is the foundation of the Seed programme, so diversity and inclusion outcomes in blind-read scenarios were researched and confirmed that the best way to achieve this was through the judges themselves! Since then, NZWG have continued that commitment to diversity of judges and support positive outcomes with the following evolutions:

• 2018 At least 50% female or at least 50% Māori judges in all rounds of Seed & Seed Advanced
• 2019 At least 50% female or at least 50% Māori, Pacific Island, Asian and non-Pakeha judges in all rounds of Seed & Seed Advanced.
• 2021 At Least 50% female or at least 50% Māori, Pacific Island, Asian and non-Pakeha judges, and at least 1 LGBTQIA+ judge in all rounds of Seed & Seed Advanced.

No. They do not have to be consecutive; you may use scenes from different parts in your script as long as they are clearly delineated. As per the Full Guidelines above the script sample must contain some dialogue.

Yes. You can enter with the same project up to three times.

Yes, all attachments must be PDF files. There are four attachments - Bio, Budget, Treatment, and Script Pages. All four should be PDF files.

Yes. This is preferred as both of these key judging materials need to be the same to ensure fair and equitable length of content across all entries. Need help with formatting? Check out the How To Guides underneath the entry checklist HERE.

Yes. You may be able to work with two approved assessors. This can be discussed and agreed in the first meeting with NZWG after you have been awarded the grant.

Yes. The 5 page treatment is a maximum length. If you feel confident you have outlined your story (beginning, middle and end) in fewer pages, you can submit.

No. Seed funding is for scripted feature films only.

Yes. You (the writer) must hold the rights to the project in order to be eligible for Seed Funding. The fund is not intended to cover the cost of optioning the rights.

No. The Treatment is a written summary of your script described in prose, including the beginning, the middle and the end. If there is imagery you feel is important to portray, this must be done within the prose.

Six weeks between opening the Round and the closing date for entries.

Yes, as long as you (the writer/s) still hold the rights to the screenplay, you can enter that project.

No. Applicants must have the following Written by Credit to be eligible to apply for Seed Advanced:

• Produced - Over 90 cumulative minutes of; Film, Television, and Theatre where the applicant has a Written By credit produced by a recognised production company, platform, or authority or has been theatrically performed.

If a producer has been attached and you have signed the rights to them in your contract. No, you cannot enter that project.