Bollywood writers fight against ‘unfair’ contracts

In this picture taken on October 1, 2022, moviegoers wait at the ticket counters outside the G7 multiplex in Mumbai. - India's Bollywood film industry, long part of the cultural fabric of the movie-mad country of 1.4 billion people, is facing its biggest-ever crisis as streaming services and non-Hindi language rivals steal its sparkle.shabby graphics

For many people in India’s Bollywood industry, writing is a forlorn and unprofitable company.

Unless the writer gets a big break and is also given credit for their powerful movie. But up until that point, opportunities and funds are frequently in short supply.

The “harsh agreements” writers claim they must sign, which they claim are intended to safeguard the interests of the manufacturer, are a major factor.

According to Anjum Rajabali, a senior member of the Screenwriters Association ( SWA ), the Indian equivalent of The Writers Guild of America ( WGA ), which has more than 55, 000 members across the nation, “most contracts have arbitrary termination clauses and offer paltry fees, especially to newcomers.”

According to Mr. Rajabali, some contracts even forbid writers from approaching the union if there is a dispute with the producer. They also do n’t pay writers for reworking drafts and give producers the discretion to decide whether or not to give writers credit for their work.

For many years, the SWA has fought for people ‘ rights, but more recently, it has been looking into assertive ways to lessen the alleged strength disparity between writers and producers.

It held a conference in December to talk about the modifications writers would like to see made to their contracts. There were more than 100 poets present, including some well-known Bollywood figures like Abbas Tyrewala and Sriram Raghavan.

Mr. Rajabali adds that “most producers agree” that writers need better paid and some form of job security.” The plan now is to encourage producers to remain across the desk and work with us to create contracts more equitable.”

The Producers Guild of India has never responded to questions sent by the BBC via email.

Shah Rukh Khan and Deepika Padukone in Pathan

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The successful conclusion of a months-long writers ‘ strike in the US last year has given Indian screenwriters more confidence to make their demands. Manufacturers were forced to agree to better conditions for writers as a result of the attack, which put an end to Hollywood.

However, the Indian movement is still in its infancy, and experts predict that something as drastic as a strike wo n’t happen anytime soon. This is partially due to the way the business operates, where building strong relationships is essential for landing a job, as well as the enormous number of people who are waiting to take advantage of opportunities.

Additionally, it’s because writing deals are a relatively new phenomenon in India. When it came to getting paid, artists up until the middle of the 2000s relied on a producer’s “word.” Producers would give writers sporadically rather than in regular installments, and even the price for a text was negotiated verbally.

Artists began receiving deals after major corporations began funding studios. However, according to Mr. Rajabali, the deals have gotten stricter and more unreasonable as makers have tried to boost profits and reduce financial risks.

He draws attention to a particularly harsh clause that several producers have started including in their contracts: the writer must pay the producer back for any losses brought on by objections or controversies sparked by the movie.

He claims that hardliner organizations are increasingly targeting movies for “hurting spiritual sentiments” as a result of this. Demonstrators have torn banners, destroyed movie set, and complained about offensive dialogue or scenes.

It is unfair to ask artists to “pay for loss after you have bought the script,” Mr. Rajabali adds, adding that producers have begun getting lawyers to review scripts as a caution.

LOS ANGELES, CALIFORNIA - SEPTEMBER 28: Marg Helgenberger (C) joins the picket line outside Fox Studios on September 28, 2023 in Los Angeles, California. The WGA (Writers Guild of America) has reached a deal with Hollywood studios after 146 days on strike, ending the strike at midnight on September 27. Members of SAG-AFTRA and WGA (Writers Guild of America) walked out in their first joint strike against the studios since 1960, shutting down a majority of Hollywood productions. SAG-AFTRA has not reached a deal with the studios and has been on strike since July 14. (Photo by David Livingston/shabby graphics)

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Like clauses, according to writers, put them in a precarious position and the uncertainty affects their imagination.

Mumbai-based writer Hitesh Kewalya recalls how challenging his career was before he was able to establish himself in the field.

He had left his marketing career to follow scriptwriting, but he had trouble making rent.

I once wrote seven movie scripts, but Mr. Kewalya claims that because the movies did n’t get made, I wasnt paid for any of them.

For today’s poets, he continues, not much has changed, and many have left the field due to the difficulty of making a living.

However, there is a glimmer of hope because some manufacturers have started taking corrective action.

Nikhil Taneja, who previously held a senior position at one of Bollywood’s largest film production companies, claims that he has begun paying writers working for his own business, Yuvaa, in accordance with the size of the job. This implies that the writer’s price is also increased if a program raises the project budget—a unusual section in the entertainment sector.

Although Mr. Taneja acknowledges that writers ‘ contracts are exploitative, he claims that this is more due to the nature of film.

Because there is no research involved, making movies is a risky endeavor. A movie with the biggest stars and the best producer may fail or have trouble finding a transfer. And the manufacturer is responsible for the loss, he claims.

While it’s true that when a movie succeeds, manufacturers get the biggest cut of the profits, they still have to pay the actors.

According to him, the abundance of streaming services has made it even harder for movies to be found and watched, let alone be popular.

Another factor is how movies are made; frequently, actors, directors, or speech writers contribute to the storyline changes as it is being shot. It can also significantly alter while being edited.

Producers pay a sizable percentage of the writer’s payment toward the end of projects because the finished item differs greatly from the original script, according to Mr. Taneja.

However, he asserts that this does not imply that things should stay as they are and that writers—whose codes serve as the foundation of a movie—deserve of better treatment. But only when writers band together and need their rights does this occur. The industry wo n’t take notice until then, he claims.

The SWA may continue to push for its demands, according to Mr. Rajabali, which include removing predatory cancellation and indemnity clauses from contracts and paying all writers at least a minimal simple fee.

The battle will remain fierce, but artists are known to be tenacious individuals.