Screenwriters’ Association helps writers recover ₹60 lakh unpaid dues, most matters settled out of court

The Screenwriters Association’s (SWA) dispute resolution body has helped writers recover nearly 55 to 60 lakh in unpaid dues over the last six years, with the majority of cases settled internally, an official said.

The Screenwriters' Association of India handles around 50 cases annually.
The Screenwriters’ Association of India handles around 50 cases annually.

Facilitated recovery of 55 to 60 lakhs

The Dispute Settlement Committee (DSC) of SWA, which has been functioning since 1954, handles around 50 cases annually, largely related to copyright infringement, payment delays and credit disputes between writers and filmmakers.

“Over the last six years, the DSC has helped facilitate the recovery of approximately Rs. 55 to 60 lakhs in unpaid dues and settlements for writers,” Sweksha Bhagat, chairperson of the DSC, told PTI.

She added that the majority of disputes are resolved through mediation, negotiation and settlement, with only a handful escalating to court cases.

“In the last 15 years, only four matters, including Sujoy Ghosh, Jyoti Kapoor, Jannat 2, and Guzarish, have gone to court. In many cases, parties also prefer not to pursue litigation because court proceedings can be lengthy and expensive. This is one of the reasons why an increasing number of writers and producers prefer resolving disputes through the DSC process,” Bhagat said.

The cases that did go to court

Ghosh faced a court case over his 2016 film Kahaani 2: Durga Rani Singh, which was later quashed. Writer Jyoti Kapoor fought and won a case against a director whom she had accused of not giving her due credit. A writer had filed a case against the makers of Jannat 2, claiming the idea was taken from his story. In the case of “Guzaarish”, a novelist had claimed that Sanjay Leela Bhansali’s film was similar to the plot of his story.

About the resolved cases

According to data from DSC, copyright and plagiarism issues account for 55 to 60 per cent of disputes, followed by non-payment or delayed payments at 30 to 35 per cent, while credit-related conflicts account for less than 10 per cent.

The body, however, does not disclose case-specific or party-wise details, citing confidentiality of the people involved and the need to protect professional reputations.

On credit-related conflicts, SWA executive committee member Preeti Mamgain said newer writers are particularly at risk.

“There are three kinds of thefts when it comes to screenwriting – naam ki chori, kaam ki chori ya paise ki chori (credit theft, work theft and remuneration theft). When it comes to credit, the newer writers face more conflicts because they’re not as empowered as senior writers.

“They often get bulldozed into sharing credit with a director/producer or another writer – sometimes they are denied their due credit altogether. This is the reason we try to educate our writers to have their contracts in order, before putting pen to paper,” Mamgain said.

Most of these disputes arise before release, primarily due to a lack of clarity during the early stages of collaboration.

SWA general secretary Raj Shekhar said a major concern remains the lack of uniformity in industry contracts. “Many new writers begin to believe that exploitation is simply a part of the process. Breaking this mindset is extremely important. Fear often makes writers feel isolated, and that is where SWA plays an important role, in making them realise that they are not alone. We are not fighting against anyone; rather, we are trying to build a healthier ecosystem with greater trust and clarity,” Shekhar said.

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