Writing our future together: SWA members observe silent protest in Mumbai

While writers in Hollywood are on strike demanding better pay from studios, screenwriters in India say that their condition is much worse compared to their US counterparts
Niharika Lal (BOMBAY TIMES; June 14, 2023)

The Writers Guild of America (WGA) strike, which kicked off in early May, is a result of a clash between writers, who see themselves working more but earning less in the streaming era, and studios attempting to rein in costs. Back in India too, writers of films and TV shows have demands that are quite similar – credit, compensation and fair contracts. However, many writers here feel that the situation is much worse compared to US.

Many writers point out, “Jinki stories pe taaliyan aur seetiyan bajti hain unko aksar screening pe bulana bhool jaate hai.” While the scenario has been slowly changing, writers feel it will take years for them to be at par with their US counterparts.

‘INDIAN WRITERS’ FEE MUCH LOWER THAN U.S. WRITERS’
In solidarity with the strike, India’s Screenwriters Association (SWA), asked all members working on US projects to stop working. SWA is fighting several battles on behalf of Indian writers. Anjum Rajabali, screenwriter and senior activist of SWA, shared his thoughts on the issues that Indian writers are facing:

‘CONTRACTS ARE ONE-SIDED’
Those who work on US projects are much better paid. In India, screenwriters, especially the new ones, receive fees far lower than the value of their work. Moreover, the contracts are one sided and protect their (producers and studios) rights, while the writer is left vulnerable. Credit is not guaranteed, termination can be at the whim of the producer, impossible indemnity is demanded from the writer.

‘OTT TREATS INDIAN WRITERS DIFFERENTLY COMPARED TO THEIR U.S. COUNTERPARTS’
More writers are now gainfully employed because of OTT. However, platforms brought in their own contract culture, with clauses that writers find unreasonable. OTT platforms treat Indian writers differently than their US counterparts. While US writers are striving to increase writers’ fees to fair levels, even their existing fees are still much higher than what Indian writers receive. Moreover, in the US, every time a show is aired anywhere outside of a cinema hall, the writer receives an additional remuneration.

‘SWA WILL NEGOTIATE FOR CREDIT’
Credit has to be given based on the work that the writer has done and not at the producer’s discretion. In case of a dispute between writers, SWA’s experts should arbitrate the issue by examining the respective written contribution of the writers to the final script and decide. Credit, dignified fees, regulation of the termination clause, indemnity, freedom to seek redress from the union are some of the clauses that need discussion with producers.

‘WHAT INDIAN WRITERS ARE SEEKING IS A SYSTEM CHANGE’
Screenwriter Mitesh Shah says, “What writers are seeking is a system change – equitable contracts, better compensation, credit guarantees, royalties. Streaming has given a lot of opportunities to writers. Things are certainly getting better but it’s still a long way to go. Be it a film or a web-series, everything starts with a blank page, and writers need to be accorded their due for filling up that page.”

Most writers say that they usually work on four-five projects at a time. Akshat Ghildial, who has written films like Badhaai Do and Badhaai Ho, shares, “From the initial idea to the dubbing, writers are paid in chunks. Kabhi kabhi chaar saal tak film ki total payment nahi aati. Agar aapne blockbuster likha hai toh aapki fees thodi zyada ho jayegi. Agar actor ki ek film blockbuster ho jaye to uski fees skyrocket ho jati hai, aisa writers ke saath nahi hota,” adding, “If content is called king then why are you not paying kingmakers?”

HOLLYWOOD STARS BACK U.S. WRITERS
The ongoing strike in US also saw many celebs step forward to stand in solidarity with screenwriters. Julia Louis-Dreyfus, Tina Fey, Rob Lowe and Modern Family stars Nolan Gould, Sarah Hyland and Jesse Tyler Ferguson, were among stars who protested with writers

WHAT INDIAN WRITERS HAVE TO SAY:

"A director doesn't ask for design credit when sharing his vision with a costume designer. But when it comes to writing credit, I have heard of many instances where directors have demanded their name be included. Sabko lagta hai writing sabko aati hai. Koi bhi aake suggest karta hai yeh dialogue work nahin kar raha"
- Akshat Ghildial, who has written films like Badhaai Do and Badhaai Ho

"It is quite common for some producers and directors to demand writing credit even for a minor input. It happened once with me when a producer wanted writer credit for giving feedback on the screenplay (that project never got made). In the last couple of years, writers have openly criticized these demands, which has changed things. Giving feedback is not the same as writing."
- Pooja Tolani, who has written Sacred Games

"The Indian screenwriting ecosystem is still learning how to read and execute a fair contract, negotiate good remuneration and deliver a good script"
- Hiteh Kewalya, who has written Shubh Mangal Zyada Saavdhan

"Because a lot of work is being done, the incremental value of writers have gone up in the last few years. But has it changed anything for writers and their rights in India? I'd say not much"
- Trishant Srivastava, who has written Jamtara

WHAT DO WRITERS DEMAND?
> Fixed minimum basic compensation
> Contract clauses like payment linked to approval, producer’s discretion if credit needs to be given
> Royalties – profit share in remakes and reruns