DGA Monthly

A P R I L 2 0 2 5 I 7 The Directors and the studios had reached an impasse. But during a caucus, Capra suggested an elegant solution. If a Director failed to show up to make the Director's Cut, the DGA would pay to fl y in one of 12 top-notch Directors on a preapproved list to fi nish production. They returned and presented the idea to the producers—a moment forever etched in Silverstein's memory. "Charles Boren turned white for a moment," Silverstein recalled. "His jaw dropped, and there was a silence which now as I look back over the years felt like three minutes; it must have probably only been about 15 to 30 seconds, but there was a dead silence in the room. "We were saying, 'We want to work for love, and we won't take any money for it," Silverstein said. They had removed the producers' objections. But when the producers returned after the break, the answer was still no. But the Directors knew they had overcome their objections. And later that year, in the autumn of 1964, the producers agreed, after some backpedaling. The Directors got the Director's Cut, part of a Directors' Bill of Creative Rights, in their new contract. This story is an condensed and edited reprint of the Spring 2011 DGA Quarterly article, "Director's Cut" by Lyndon Stambler. See the full article on www.dga.org. Variety announces the Director's Bill of Creative Rights in 1964. (Credit: Variety) Variety announces the Director's Bill of Creative Rights in 1964. Variety announces the Director's Bill of Creative Rights in 1964. Variety (L-R) Robert Ellis Miller and Jeffrey Hayden were members of the fi rst Creative Rights Committee. (Credits: Photofest) However, even with the establishment of the Bill of Creative Rights, there were still other signifi cant issues and the Guild continued to build on that initial victory. As creative rights became more and more important in DGA negotiations, they were addressed in a forum separate from the economic issues that were negotiated by the studio labor relations lawyers and executives. In subsequent negotiations, Guild Directors would deal directly with studio chiefs for matters relating to creative rights and credits. The guiding principle of these meetings was that Directors and studio heads could come together as creative people and solve problems in their own fashion. This has produced major accomplishments along the way. For instance, in 1973 the producers recognized that Directors could be undermined, and the fi nal product hurt, by people on a production who might want to take the Director's place. So they agreed that a Director cannot be replaced by anyone who had previously been a part of that production. This provision has come to be seen as the cornerstone of all Director's rights. In 1981, Directors who fi nished shooting principal photography won the right not to be summarily fi red, to be entitled to direct any retakes or additional scenes, and to be present and consulted at all times in postproduction. Other gains made in 1981 included the right for Directors to select their fi rst assistant Director. Over the years, the Creative Rights Committee continued to make other improvements to the working life of Directors, such as securing the right to control the use of video assist, and to participate in the MPAA rating appeals process and make any necessary changes to secure a desired rating. The Guild consistently fought to bolster the rights of TV Directors. One prominent success in this area was the campaign to curtail abuses related to late script delivery, which had been impairing the Director's ability to perform his or her job. "The Director's Cut was a serious artistic step in Guild history," recalled Director Robert Ellis Miller who was a member of the original committee. "I'm very proud to have been a part of it. It changed everything." But the advances didn't come easy. "Those were hard fought and hard-won battles," said Jeffrey Hayden, another committee member. Silverstein noted, "We didn't get everything in the fi rst year, but we continued year after year until we did." Hayden remembers some of those diffi cult battles, such as getting scripts before they went into production. Another bone of contention was providing Directors with an offi ce at the studios so they could have private meetings with actors, agents, or producers. The Directors eventually won concessions on most of their key issues. "I can only tell you," Hayden said, "that over the years, from the early '60s through the '70s, the progress made by the Creative Rights Committee of the Guild was extraordinary." Although the negotiations were oftentimes arduous and contentious, they more often than not led to a mutual understanding between producers and Directors. "As Directors, we negotiate all the time on the set," Silverstein said. "We enjoy negotiating. So do the producers. I hope down through the years this procedure of dealing with one another respectfully and dealing with the problems we have will continue."

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