Playwrights Guild of Canada
Professional Association of Canadian Theatres
Introduction:
The commissioning of a new play can happen for a number of reasons. Sometimes a
theatre wants to work with a particular playwright, group of creators or collective, so they
commission them to write a specific project. Sometimes a theatre has an idea and looks
for a playwright to develop it into a play. Sometimes a playwright approaches a theatre
about commissioning a piece, seeking resources to support the creation of the new work.
Commissions can take many forms and be determined by many conditions related to
individual creators and theatre companies.
The Playwrights Guild of Canada (PGC) and the Professional Association of Canadian
Theatres (PACT) provide contracts outlining the terms negotiated between writers and
theatre companies, including a commission contract. PGC and PACT define a
commission as a contractual relationship between a Theatre and a Playwright that: a)
causes a new Play to be written, and b) wherein the Playwright is paid a pre-determined
fee by the Theatre and/or a third party (eg. a foundation or sponsor) in exchange for: i) a
pre-determined number of drafts of the Play and/or ii) an option for a Premiere
production.
This guide is to help theatres and writers clarify the conversations they have prior to
establishing a commission, ensure that both parties to this creative and contractual
relationship have discussed the conditions under which the commission will occur, and
have examined the terms of the commission as part of the negotiation process. PACT and
PGC urge both writers and theatres to remember that a commission is both a creative and
a financial relationship, and that both elements need to be thoroughly discussed before
and during the commission period.
Please contact PGC and/or PACT for a copy of the Standard Clauses (which contain
definitions, terms and general contract information) and Commission contract, and for
further information regarding any of the topics addressed within this document.
PACT
215 Spadina Ave, Suite 555
Toronto, ON M5T 2C7
416-595-6455
Playwrights Guild of Canada
215 Spadina Ave Suite 210
Toronto, ON M5T 2C7
416-703-0201
Playwrights Guild of Canada
Professional Association of Canadian Theatres
Commissioning Negotiation Checklist
This checklist is designed to assist the Playwright and Theatre in the negotiation of a
Commission Contract. This checklist does not form a part of the contract or represent a
commitment from either party.
General Information Exchange - confirm the following information prior to negotiating
the commission contract
Is the Theatre a regular PACT Member in good standing?
Is the Playwright a PGC member in good standing?
Have both parties identified the contact people for this agreement for the Theatre?
Have the parties identified who are the contact people for this agreement for the
Playwright? (ie. Is an agent or other party involved in the negotiation process?)
Have both parties exchanged this contact information?
Have the parties discussed who will have authority for final decisions at the
theatre?
Is the Theatre a TYA company? If so, note that different contacts exist for this
category.
Have the parties discussed the intended venue(s)?
The Project - ensure that both parties have discussed:
the nature of the project
the anticipated/expected duration of the piece
expectations upon delivery of first draft
delivery and decision deadlines
additional development activities such as readings, workshops, dramaturgical
relationships and sessions and the scheduling of these
The Contract:
Review PGC/PACT Standard Clauses prior to negotiation process
Discuss Billing and payment schedules
Review compulsory 3% RRSP contributions and time of payment (As defined in
the Contract)
Note that the Theatre is responsible for filing the signed contract with PACT and
PGC.
Options - both parties should discuss:
Playwrights Guild of Canada
Professional Association of Canadian Theatres
conditions for the option to produce
the fee for those options
terms for the exclusive rights to the premiere production(s)
conditions for touring or presenting the production
any conditions for an extension for the right to produce
any further rights that must be negotiated
Royalty
Have the parties discussed the royalty?
Are there other parties involved that would have a stake in the royalty?
Which party is responsible for the acquisition of any other party’s rights?
Have the parties discussed the conditions for payment of royalties?
Participation Rights
Have the parties discussed participation rights?
Have the parties discussed the conditions under which participation rights will
apply?
Fees:
Contact PGC and/or PACT for information regarding commissioning fees or
contractual details not covered above.
Playwrights Guild of Canada
Professional Association of Canadian Theatres
The following chart compares the existing PGC/PACT contract forms and is intended for
reference only. It is not inclusive or representative of the specific arrangements made
between a Theatre and a Playwright, which must be negotiated individually and take into
account the details of the project under discussion.
Commission
Contract
Purpose
Approval
For the creation of
a new work
Multiple stages of
approval can be
negotiated
For producing and
Fees
non-producing
engagers, fee is for
commission. A
minimum royalty
of 10% of gross
box office is
additional if work
is produced.
Time allowed for
Option to
theatre to consider
produce
option to produce
– no guarantee of
production
Duration of Contract spans a
development
Contract
period to be
determined by the
playwright and
theatre, and can
include the
production period
where negotiated
Participation May include
participation rights
Rights
Premiere
Contract
For the
premiere of a
new work
n/a
Stock Contract
For existing
works that have
had at least one
professional
production
n/a
Development
Agreement
Funding for
development
process by which
a new work is
created
n/a
Fee based on
minimum 10%
of box office.
(As defined in
the Contract)
Fee based on
negotiated
percentage of
gross box office
Theatre may
contribute
financially but
this is not a ‘fee’
for service or
product
Commitment to
produce
Commitment to
produce
No contractual
rights or
obligations for
either party
Contract spans
the production
period and can
include a
development
period where
negotiated
Contract spans
production
period
n/a
May include
participation
rights
n/a
n/a
Note: this chart does not form part of the agreement between PACT and PGC. If you
have questions about which contract to use, please contact your organization for further
information.