Overview
The aims of updating the existing Scottish Society of Playwrights (SSP) and Federation of Scottish Theatre (FST) Standard Play Contract (known as “Commissioning Agreement”) are:
- Improve clarity and formatting of contract
- Encourage best practice through contract
- Adapt contract to reflect current commissioning needs
This process begun in 2019 but faced several disruptions, most notably the Covid-19 pandemic. During this period both FST and SSP have undergone several leadership and staff changes which has further delayed the process.
Setting of all rates was agreed to be separate to this process and to be the responsibility of the SSP.
Background
After several focus groups and meetings with both FST members and the SSP council, it was agreed that there was a need to update the contract that is recommended for commissioning plays in Scotland. Following this early consultation, several areas of the contract were identified that were causing confusion, allowing for bad practice or were not meeting access, education or communication needs. As part of this process, other commissioning agreements used in the UK were reviewed, including the SSP/NTS (National Theatre of Scotland) Standard Play Contract, which was re-developed and ratified between those parties in 2022.
Following the comparative review of the commissioning agreements, it was decided by FST and SSP to use the existing SSP/FST Standard Play Contract (CA1) and parts of the NTS Standard Play Contract (NTS CA) in order to create a New FST/SSP Standard Play Contract (CA2).
Caroline Newall from NTS supported this process by responding to analysis of their contract to confirm the reasoning, intent and ethos behind each clause in NTS CA.
Method
In December 2023, Fiona Sturgeon Shea (Chief Executive of FST at the time) contracted Jackie Crichton to undertake the work of updating the commissioning agreement in a freelance capacity separate to my part-time role as Literary Associate at The Lyceum. Having been involved in the process since 2019 and being a regular user of CA1, Fiona felt Jackie was well placed to take on the work.
The process Jackie undertook, as agreed with FST and SSP, was:
- Read, reviewed and analyse CA1.
- Read, reviewed and analyse NTS CA.
- Consult notes/comments made in the previous discussions relating to CA1 improvements.
- Consult with NTS to improve understanding of NTS CA.
- Initial report and clause by clause recommendation shared with FST and SSP in January 2024.
- Consultation with FST and SSP to discuss potential options, language, approaches in CA2 in June 2024.
- CA2 draft shared with FST/SSP late 2024.
- Updates to CA2 draft early 2025.
- CA2 shared with SSP Contract Working Group late 2025
- Collected feedback discussed and actioned early 2026
- CA2 approved for use.
- Introductory document and FAQs resources created.
- Planned review/update of CA2 in April 2027 to allow practical feedback / concerns to be raised after a year of use.
Detail of Changes to CA1
Overview:
The structure of the NTS CA has been adopted for CA2 for clarity purposes. This primarily pertains to the order of clauses which the SSP asked to follow steps in the commissioning process in order. Across the contract formatting has been improved to make the information easier to find and understand.
The pages of definitions at the beginning of CA1 have been removed and any helpful or pertinent information retained for FAQs.
Ahead of the numbered clauses, the NTS CA includes the option to add a ‘whereas’ to indicate where underlying rights have been obtained in the case of adaptations. CA2 has adopted this.
Throughout CA2 wording has been adapted to allow for application to writing partners or teams.
As part of this process, some templates have been created to encourage best practice (Letters of Agreement and Treatment Agreements) with the intention that SSP host these as resources on their website.
1. Consideration and Rights
a) Consideration:
Minor update to formatting. Length clearly designated.
b) Rights:
CA2 has separated out the extension clause into 1c).
Language around drafts has been updated to prevent confusion: “Completed Script” is now termed “Pre-production draft”.
The time limitations on Producers’ rights have been made clearer and now refer to the decision to programme rather than produce.
c) Extensions:
This clause has been augmented to clarify that when this extension is relevant and increased the increment to 26 weeks and included that this payment is a non-returnable advance against royalties. It has also been made clear when this extension function should be used and when clause 15b) is relevant.
2. Payment
Rates in CA2 reflect the current SSP set rates as published in April 2025. Clarifying language that “All payments below are made as pre-payments of work yet to be undertaken and not as payment for work already completed” has been included.
All payment terms have been clarified to include “upon receipt of a valid invoice”.
Agreement to proceed process given more detail and structure to reflect play development journey.
Pre-production draft payment stage given more structure and clarity including “It being understood that this instalment covers all mutually agreed revisions/drafts.”
Further writing work expectations made clear.
Optional multiple writers clause.
3. Scripts
This is equivalent to clause 11 in CA1 and adds access requirements into rights (d/Deaf audience members and audiences for whom English is not a first language are able to have access to a printed version of the script).
4. Artificial Intelligence (A.I.)
An A.I. clause has been inserted (benchmarked with publishing and other contracts) that requires playwrights to include an A.I. prevention clause in their scripts in order to minimise the chance of commissioned plays being fed into A.I. programmes. The exceptions to this outlined in the clause are: when a playwright is consciously and deliberately engaging with A.I. as part of their work and when A.I. may be required by access providers.
5. Writers Approval
This is equivalent to Clause 6 in CA1.
6. Rehearsals and Development
This is equivalent to clause 7 in CA1 with the addition of rates stipulated for development processes.
7. Expenses
This is equivalent to clause 8 in CA1.
8. Publicity
This is equivalent clause 9 in CA1 and has been modernised to reflected current communications and marketing strategies and methods.
9. Filming/Recording
This is a new clause to improve educational and archival recording rights, create marketing materials and to exploit the filmed production. The right to film is covered by this agreement but subsequent and separate negotiations will be required for most uses of the recording.
10. Complimentary Tickets
Equivalent to CA1 clause 12.
11. Royalties
Equivalent to CA1 clause 3.
12. Options
Equivalent to CA1 clause 4. Rate increase and addition of pre-Broadway tour.
13. Producer’s Participation
Equivalent to CA1 clause 5.
14. Producer’s Credit
Equivalent to CA1 clause 10.
15. Failure to Produce
Equivalent to CA1 clause 13. Additional clarity around 15b) circumstances added (particularly to differentiate from 1b)). Cost of extension added and that this is a one-off extension opportunity. Length of extension increased.
16. Copyright
Equivalent to CA1 clause 14.
17. Moral Rights & Warranty
Equivalent to CA1 clause 15. Gender neutral pronouns used.
18. Variations and Assigns
Equivalent to CA1 clause 16.
19. Successors
Equivalent to CA1 clause 17.
20. Writer’s Agent
Equivalent to CA1 clause 18. Clarity of payment structures from NTS CA utilised here.
21. Arbitration
Equivalent to CA1 clause 19. Updated with more information.
22. Split
No equivalent in CA1. This clause adopted from NTS CA designates the opportunity for a renegotiation of royalty split between co-writers if the creative contribution becomes inequitable.
Signature
CA1’s requirement for signature and double witnessing removed.