By Anamika Jha

In the rapidly evolving world of India’s entertainment industry, the Screenwriters Rights Association of India (SRAI) has emerged as a true game-changer for creative professionals. A copyright Society for Screenwriter, born from years of passionate advocacy by screenwriters seeking better protection for their creative rights, SRAI’s journey began in 2017. Despite early setbacks, a revised proposal in 2020 eventually paved the way for its landmark registration as a Copyright Society (Reg. No. CS/06/2024) under Section 33(3) of the Copyright Act, 1957. This pivotal achievement not only bolsters the collective power of screenwriters but also sets a new benchmark for protecting creative endeavours in an industry that’s booming with digital content and innovative storytelling.

SRAI isn’t just about speaking up—it’s about action. As a legally empowered Copyright Society, SRAI now holds the authority to issue licenses, collect statutory royalties, and distribute these earnings transparently among its members. The organization plays a critical role in ensuring that screenwriters receive their rightful share of royalties, especially when their works are exploited outside traditional theatres. Whether a film is screened in a hotel, played on an airplane, or showcased at community events, SRAI shall step in as the collective license holder. By mandating that any non-theatrical exhibition of a work must secure a license from SRAI, it guarantees that the revenue generated is shared fairly between the filmmaker and the screenwriter.

The Crucial Role of Contract Negotiation

In this new landscape, the art of contract negotiation has never been more vital. Consider this scenario: A talented screenwriter pens a compelling screenplay and signs a contract with a major filmmaker. The contract, however, is vague on key issues—what happens if the project gets terminated prematurely? Will screenwriter still receive the credit? Without clearly defined clauses, the screenwriter risks losing credit for their work and, more importantly, the financial benefits that come with it as statutory royalty. Without a robust contract, the screenwriter may not receive proper acknowledgment or royalties even though their work continues to earn money. 

The contract must include a clause that unequivocally ensures that every screenwriter receives recognition for their contribution, regardless of how or where the work is used. This isn’t merely about listing a name in the credits—it’s about enshrining the writer’s identity across all platforms. For example, if a film is adapted for digital streaming, broadcast on television, or repurposed for international markets, the contract should mandate that the screenwriter’s contribution is visibly credited on screen, all promotional materials, digital interfaces, and public acknowledgments. 

Contracts must go beyond the standard expectations of credit during the active phase of a project. They should incorporate provisions that protect a screenwriter’s rights even if the contract is terminated. This means that if the agreement is cut short for any reason—be it due to creative differences or project restructuring—the screenwriter must still retain the right to be acknowledged for their work. Moreover, any future earnings generated from the continued use or licensing of their screenplay should be shared fairly. For instance, if a film continues to generate revenue from secondary channels like television reruns or online streaming after the contract ends, clauses should stipulate that the screenwriter receives a proportionate share of these royalties. Such protection ensures that the value of the creative work is recognized and rewarded, irrespective of the contractual relationship’s duration.

By meticulously negotiating these terms, screenwriters can secure not only their moral rights but also a crucial revenue stream, turning credit into a tangible asset.

A New Era of Collective Licensing

SRAI’s role further accentuates the importance of smart contractual negotiations. Operating under Section 33 of the Copyright Act, SRAI collects statutory royalties for the exploitation of creative works outside the traditional movie theater setting. Much like the established practices for songs and lyrics, whenever a movie is screened in unconventional venues—be it on an airplane or during community functions—a license from SRAI becomes mandatory. The collected royalties are then judiciously distributed between the filmmaker (the owner) and the screenwriter (the author), provided the contract explicitly protects the writer’s rights. While SRAI is still in its early stages and many operational details are forthcoming, its establishment already signals a transformative shift in the industry.

SRAI’s registration marks a turning point in the creative economy. It’s not just about safeguarding artistic integrity anymore; it’s about ensuring that every credit, every line of dialogue, translates into fair financial compensation. For screenwriters, negotiating contracts with precise clauses on credit, termination, and royalty distribution is no longer optional—it’s essential. In today’s world, credit isn’t merely a matter of moral pride; it’s a cornerstone of financial security. As SRAI begins its journey, it promises to empower creators to negotiate from a position of strength, ensuring that their creative genius is both recognized and rewarded.

At Attorney for Creators, we know that navigating the complexities of contract law can be overwhelming for screenwriters. That’s why we are dedicated to standing by your side every step of the way. We offer specialized legal support to assist in drafting, reviewing, and negotiating your contracts, ensuring that every clause—from explicit credit to protection beyond termination and fair termination terms—is carefully designed to protect your rights. We work closely with you, leveraging our expertise in entertainment law to secure the acknowledgment of your creative contributions and safeguard your financial interests. With us on your team, you can negotiate your contracts with confidence, knowing that your creative legacy is in safe hands.

Reach out to us for any assistance legal@attorneyforcreators.com.