Directors' & Producers' Rights Society

PREFACE
Broadcasters, Producers and Directors agree that the relationship between them is key to the efficient making of high quality programmes. The purpose of this Code is to build on existing examples of good practice in defining the professional status, treatment and working arrangements that will enable the Director to do the best possible work within the parameters of any fictional programme type.

The Copyright Designs and Patent Act 1988 recognises the Principal Director as co-author and co-first owner of copyright in a work. The essential importance of the Director’s creative role should be reflected in the status and working arrangements of all Directors. The role of the Director remains the same on all types of production, although there are differences between programmes that may affect the exercise of that role.

This Code applies to all FICTION programming, though its day to day application will vary with different types of production. For example, the practicalities of a situation comedy are very different from those of a long running series with a pre existing style, and both are different from a single drama.

However the principles of this agreed Code should from now on underlie all such production without exception, and courtesy, consideration, openness and transparency should underpin all professional relationships.

THE PRODUCER DIRECTOR RELATIONSHIP

1. Making a television programme is a team activity. The collaborative process is at the heart of all production.

1.1 The key relationship between Director and Producer should be based on the principles of transparency and honesty. Effective collaboration, creative and practical, between these two is the backbone of every successful production.

1.2 The Producer is responsible for ensuring that the programme is delivered on time, within budget, and to the quality and style agreed at the point of commissioning, in collaboration with the Director.

1.3 The Director has the responsibility, in collaboration with the Producer, for the creative and craft aspects of production, and for inspiring a large team from pre-production through to final grading.

1.4 A representative of the production entity, normally the producer, should be identified as the 'Nominated Producer', with whom primarily the Director will collaborate.

THE RIGHT TO KNOW

Clarity and openness up front can avoid problems later.
2. A Director should only embark on a project knowing the nature and extent of the role to be undertaken. Prior to entering into the engagement, the Producer and/or Executive Producer should have thorough discussions with the Director on a wide range of issues including:-

2.1 The script and any pre-existing vision or concept including transmission format and any other commitments agreed with the broadcaster.

2.2 Where relevant, the programme's pre-existing house style within which the Director may be working.

2.3 The Director's own vision and approach.

2.4 The Director’s preferred method of working and any particular working requirements that the Director may have.

2.5 Preparation time and script delivery dates.

2.6 Casting, including any pre-cast elements (see Clause 6.1).

2.7 The intended audience.

2.8 The parameters of the production budget.

2.9 The outline schedule.

2.10 The selection of key crew members (see Clause 5.3).

2.11 Arrangements for post production, including the Director's Cut (see Section10).

PRE-PRODUCTION

3. Maximum possible time for pre-production can bring financial savings in production and a better quality product.

3.1 To operate efficiently the Director needs an adequate level of support and an office space that is quiet, with phone, desk and chair.

SCRIPT

4. The Director has responsibility for the realisation of the script.

4.1 The Director should discuss his or her creative approach directly with the Producer and, where appropriate, with the Writer or Script Editor.

4.2 The Producer is responsible for delivery of the script at the appropriate stage in the pre-production schedule.

4.3 Open, clear and direct lines of communication should be maintained between Producer, Director and the Writer or Script Editor, who should finalise scripts and rewrites as early as possible to avoid negative impact on schedule, budget and the artistic quality of the production.

4.4 Late script changes necessitated by locations, schedule, or other factors, should be dealt with promptly by the appropriate combination of the Producer, the Director and the Writer or Script Editor (subject to any contractual limitations).

PRODUCTION PLANNING

5. Early in the pre-production period the Director should discuss the following elements in detail with the Producer, Production Manager and, where appropriate, the first AD:

5.1 The Production Budget
The more information the Producer gives the Director about the details of the budget, the easier it is for the Director to recommend the most effective way to spend the funds available and to suggest ways in which cost savings might be achieved.

5.2 The Joint Industry Forum Contract Guidelines dated 1 July 2002, state:- The Director should not be required to work within a budget with which the Director is not familiar. In normal circumstances, a Director does not have responsibility for setting a budget but must have the opportunity to become familiar with the elements of the budget that will affect them.

5.3 The extent, if any, to which a Director is accountable for budgetary control should be a matter of specific discussion and agreement.

5.4Warranties
Where a Director is required to sign a warranty of working within the final production budget, he or she must have proper access to it and sufficient control over spending.

5.5The Hiring of Creative Personnel
In co-operation with the Producer, and subject to budget limitations and programme type, the Director chooses key crew members such as D.O.P, Designer, first AD, Editor and Composer. Normally both Director and Producer have right of veto on any name. Prior to entering into an engagement, a Producer should inform a Director of any key crew members who have already been, or are about to be, engaged.

5.6The Production and Shooting Schedules
Although the Producer is charged with prime responsibility for these schedules, the Director’s role is critical. The Director should therefore have the opportunity to provide detailed input into their formulation.

ARTISTIC PLANNING

6. In collaboration with the Producer, the Director should at an early stage in pre-production take the lead in discussions in the following areas:

6.1 Casting - with Casting Director.
Sometimes major casting will already be in place at the outset of a project. However, as the Director will be working closely with the actors to deliver the best performances possible, he or she should have maximum possible input into the choice of cast.

6.2 Design - with Set and Costume Designers, Make-up and Hair Supervisors.

6.3 Cinematography - with Director of Photography.

6.4 Locations - with First AD, Location Manager, Director of Photography and Designer.

PRODUCTION

7. All creative decisions taken in this phase will be made by, or in consultation with, the Director.

REHERSALS

8. Pre-shoot rehearsals are normally taken by the Director with the script supervisor and AD's in attendance, although different arrangements may be mutually agreed. Rehearsal time is an aid to both efficiency and quality; it helps the Director to clarify ideas and improves actors' performances, saving time, and hence money, on set.

PRINCIPAL PHOTOGRAPHY/RECORDING

9. The Director directs all scenes in the script or programme. The Director should therefore be consulted on the matter of all second unit shooting and pickups. In all normal circumstances, the Director should have first refusal of directing any retakes or reshoots.

9.1 The Director is in creative control of shooting on the floor, set or location.

9.2 The Producer has overall responsibility for all management aspects of the shooting process, including Health & Safety.

9.3 The Director conducts shooting as efficiently as possible within the limits of the schedule and the budget.

9.4 The Producer recognises that the Director is the senior creative person on the set.

9.5 Directors perform to the best of their creative ability where they have freedom to undertake their work without excessive supervision.

9.6 All notes to actors or technicians either come from or are passed through the Director.

9.7 Script changes are sometimes needed during shooting. Any contractual arrangements that impact upon the Director's ability to make such changes should be discussed with the Director prior to entering into an engagement.

9.8 The Director should normally be provided with a quiet office space near the set to work in during the shooting day.

9.9 The Director’s working conditions affect safety and productivity on the set. For this reason it may be that the Director should be driven to and from the set or location during the shooting period. This should be discussed and agreed with the Director prior to the commencement of an engagement.

9.10 The Director has the right to see rushes, normally on a daily basis.

POST-PRODUCTION

10. Throughout the post production process it is recognised that although the Producer or Broadcaster has final editorial control, the Director’s artistic contribution as co-author of the programme has to be respected. Any particular arrangements for the post-production process should be discussed with the Director prior to the engagement.

10.1 The Director supervises all stages of post-production. All such work is to be paid for.

The stages of post production are:-

10.1.1 Director's Cut.
After shooting is completed, the Director has the right to prepare a Director's Cut. Sufficient time should be allowed for this process, in light of the schedule and the nature of the production. This is done exclusively with the Editor and is shown to the Producer when ready, or after an agreed period.
The Producer's response to the Director’s Cut is invaluable, especially if they have not previously viewed cut material.

10.1.2 Final Cut
This is the version of the programme that is shown to the Commissioner. It has normally been agreed between the Producer, the Executive Producer, and the Director.

10.1.3 Music
The Director and Composer, in collaboration with the Producer, decide the nature of the music to be written and, with the Editor, where it will be placed.

10.1.4 Sound Effects: (ADR/Post Synching, Track Laying, Foley)
The Director takes any ADR session with actors, and gives detailed briefings on other sound elements. The Producer may be involved in this process.

10.1.5 Music Recording
This is under the direction of the Composer and Director, with the Producer normally in attendance.

10.1.6 Sound Mixing/Dubbing
This takes place under the Director's supervision. The Producer normally attends the final mix and makes comments.

10.1.7 Grading/Telecine Transfer
This is carried out by the Director, the D.O.P. and Editor, working with the Grader. The Producer often attends a final transfer.

10.2 Final editorial control rests with the Producer and the Broadcaster.

PUBLICITY AND PROMOTION

11. The Producer will rarely be solely responsible for the promotion of a television programme. However the Producer should ensure that press and publicity representatives are provided with information about the Director for use in press packs, press releases and for screenings so that the Director's contribution is recognised at this stage. Relevant parts of the publicity process should be discussed with the Director in advance by the Producer and press/publicity representatives.

EXPENSES AND TRAVEL

12. Expenses should be fair and reasonable and payment should be made in accordance with the Joint Industry Forum Contract Guidelines which state:

12.1 The expenses guidelines operated by the engaging company should provide for directors to be reimbursed for expenses actually incurred including those associated with travelling and living away from base. A director and/or their agent shall not be precluded from raising other expenses issues in contract negotiations, including the issue of living away from home.

12.2 Expenses claims accompanied by receipts must be submitted by the Director and settled by the company within a reasonable period.

12.3 Where reference is made in the 'Deal Memo' and/or contract to a company's 'Expenses Guidelines', these should be supplied to the director at the time, or information given about how to consult them.

12.4 If expenses provisions are to be varied from the above general principles, alternative ways of meeting expenses should be identified and agreed in the contractual discussions and included in the contract.

CONCLUSION

13. This Code should be consulted in association with the Directors Joint Industry Forum DIRECTORS' CONTRACT GUIDELINES.

13.1 This Code has been produced as part of an ongoing process. The Joint Industry Forum will be responsible for reviewing and monitoring the application of this Code and agreeing any developments or amendments.

THE DIRECTORS JOINT INDUSTRY FORUM

This Code of Practice has been drawn up by the Status Working Group of the Directors Joint Industry Forum. It should be used to inform all relationships between Producers and Directors.

The following organisations are members of the Forum and have taken part in the discussions on this Code of Practice.

Directors' Representative Organisations

The Directors Guild of Great Britain (DGGB)
Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU)
Directors' and Producers' Rights Society (1992) Limited (DPRS)
The Personal Managers' Association (PMA)

Broadcasters/Producers

The British Broadcasting Corporation (BBC)
British Sky Broadcasting Limited (BSkyB)
Channel Four Television Corporation (C4)
Five Limited (C5)
ITV Network Limited (ITV)
Producers’ Alliance for Cinema and Television (PACT)
Sianel Pedwar Cymru (S4C)
Teledwyr Annibynnol Cymru (TAC)

Contact: Tel: +44 (0)20 7269 0677 Fax: +44 (0)20 7269 0676 Email: info@dprs.org