"Is what I signed legal?": Playwrights create contract manual for performing arts

BarcelonaLast year, one in four authors from the Catalan Association of Dramaturgy (ACD) did not receive payment for their work. And the situation has improved: in 2021, it was two out of four. To put an end to these situations, six authors' organizations have drawn up the Manual of good practices in the performing arts, a document that lays the foundations for contracting in this field and establishes the conditions under which work should be carried out. "Imagine that you have a job interview and they tell you that you can start the next day. You go home happy and explain it to your friends. But when they ask you how much you will be paid, you don't know how to answer. You haven't signed a contract. This irregular situation, which many professionals in other fields would not accept, is very common in culture, hundreds of associated authors.

The manual has been jointly prepared by the ACD, the Association of Playwrights of the Balearic Islands (ADIB), the Association of Writers in the Catalan Language, the Valencian Association of Theatre Writers (AVEET), and the Galician Association of Dramaturgy (Dramaturgia). The text consists of a first document in which the fundamental principles are established, such as that authors must be paid for their works, whether they are commissioned or not. "There is an established vicious practice in the sector: when the work is already written, it is often not considered that it should be remunerated. This cannot be. "It is indisputable that authors receive a fee for their work," says lawyer Mario Sepúlveda, who has collaborated in the preparation of the manual and who differentiates this remuneration from copyright.

"Adequate" remuneration

The document also includes a guide for drama commissions and a catalogue with various types of contracts, which playwrights hope will be expanded. "Sometimes authors ask us: 'Is what I have signed legal?' From the moment they have signed it, it is. That is why it is important to be informed and have tools that establish basic conditions," says Tornero. Although no minimum amounts are set with regard to remuneration, the manual does indicate that they must be "adequate and proportionate." Examples of good practice are also included, such as, for example, establishing issues such as the duration of the work, the number of performers, the subject matter and the conditions of the stage space before carrying out a commission.

In addition, the contracts include a clause to prevent artificial intelligence from accessing and using the works. "It is a first protection of our rights in these contracts," stresses the president of the AELC, Sebastià Portell. Both the contracts and the conditions set out in the manual are proposals that are at the mercy of the producers. "It is a letter of invitation, but it will not be complete until they participate," says Sepúlveda, who adds: "It is important that the creative sector organizes itself and promotes collective bargaining to advance its labor rights."