MEMORANDUM OF ASSOCIATION
- NAME:
The name of the society shall be the Screenwriters Association of Pakistan (hereinafter referred to as “ASSOCIATION”)
- ADDRESS:
The registered office of ASSOCIATION will be located in Karachi while currently operating at Amma Manzil, Plot No 14, Ratan Talao, Urdu Bazar, Karachi, Pakistan.
- AIMS AND OBJECTIVES:
The Association shall be an autonomous organization having the following aims and objectives:
- To foster a feeling of fraternity, sorority and unity amongst its members providing them with a platform where they can assemble, discuss and resolve the issues that they face in their professional careers
- To help regulate the relationship of its members with producers, directors, studios, networks, channels, digital platforms and other assignees through collective bargaining including but not limited to Minimum Basic Contracts for film and television writers; for writers of digital media content whether published on web channels or OTT platforms; and lyricists to ensure minimum fees and the protection of all the legitimate rights of the writers and lyricists, including those covered under the existing laws of Pakistan.
- To secure and safeguard the interests, rights and privileges of its members through collective bargaining in all matters relating to their professional engagement and working conditions including but not limited to their contracts being honored in full, they getting paid their monetary dues on time in compliance with their contracts, payment of royalties for any re-run of their creative content and/or on reselling of the creative content by any director, producer, TV Network, Channels, Web Channels, OTT Platforms to any other director, producer, TV Network, Channels, Web Channels, OTT Platforms and that the members getting due credit for all creative work produced by them as writers.
- To secure and safeguard the interests of its members and screenwriters in general through collective bargaining including make non-disclosure agreements mandatory and standard between directors, producers, TV Networks, Channels, Web Channels, OTT Platforms and screenwriters to protect ideas, one-liners and scripts.
- To secure and safeguard the interests of its members and screenwriters in general through collective bargaining by working towards ensuring that all Studios, Production Houses, Networks, Channels and OTT Platforms employing or engaging screenwriters comply with all necessary legal requirements including but not limited to provisions of Protection against Harassment of Women at Workplace Act 2010 so that screenwriters aren’t exposed to an unsafe work environment in terms of emotional or sexual harassment.
- However, the Association is not responsible for securing employment or contracts/assignments for its members.
- To promote and encourage high standards of professional conduct and integrity amongst its members. To also provide appropriate learning opportunities to members to upgrade their scriptwriting and lyric-writing skills.
- To mediate in disputes between members and directors, producers studios, TV networks/channels, web networks/channels, employers, etc. arising out of any breach of the terms of their contracts or agreements, with a view to settle them. To also address and mediate in disputes between members, which may arise out of any breach of contractual obligations, including that of copyright infringement.
- To do fund raising for meeting ASSOCIATION’s own expenses, promoting its aims and objectives as well as for promoting and safeguarding welfare of its members in terms of medical and legal aid. Any other monetary aid to help meet any other expenses of help any member struggling with financial resources may be provided after approval of the Executive Committee.
- To provide legal assistance to its members in respect of matters arising out of/or incidental to their profession, including legal consultancy and other such support services.
- Cases to be taken up with the criterion that they pose a threat to screenwriters’ rights and creative freedom in general.
- All such matters described in Clause (3j) & (3k) will be scrutinized and decided by the Executive Committee.
- To try and secure representation of its members on delegations, commissions, committees, etc., set-up by the Federal or Provincial Governments or Minister of Pakistan as well as the Media Fraternity or other bodies where issues concerning screenwriters or screenwriting are to be discussed.
- To collaborate with any individual or organization, whether private or governmental, within Pakistan or internationally, to promote the aims and objects of the Association including securing and protecting the rights of its members, as well as initiatives which will help Association’s members as well as other screenwriters to further their craft and help them build their writing careers.
- To engage with Parliamentarians, Federal and Provincial Ministers, Government Officials and all concerned stakeholders from the Film, TV and Digital Media for purposes of advancing interests of screenwriters through legislative and administrative reforms.
- To engage with Parliamentarians, Federal and Provincial Ministers, Government Officials to promote Government spending towards welfare and advancing rights and interests of screenwriters.
- To engage with all concerned Government Regulators on issues concerning censorship and prohibiting airing, broadcasting, streaming or distribution of any content with the aim to promote creative freedom of its members and screenwriters in general.
- To administer, manage and operate the Association and to take all steps necessary for the effective and efficient discharge of its work.
- To set up one or more offices of the Association inside Pakistan with the approval of the Executive Committee.
- To accept, receive, give and grant aids, bequests, benefactions, donations, endowments, gifts and grants of all kinds, whatsoever, from individuals or organizations, and establish, maintain and raise assets, funds and properties in order to promote the objectives of the Association.
- To acquire, change, construct, demolish, improve, exchange, hire, lease, let, liquidate, own, purchase, rent, sell, transfer and transmit any or all assets, equipment, goods, machinery, materials, parts, products, services, technology and all other properties, whether movable or immovable, tangible or intangible for the attainment of the objects of the Association.
- To dismiss, employ, hire, retire, relieve and retrench any agents, contractors, employees, workers or non-workers, or other kinds of services on pays, salaries, wages or any other benefits, or on voluntary basis as may deem fit to the Executive Committee or any duly authorized officer of the Association.
- To arrange, maintain and provide all necessary facilities, benefits and reimbursements for and to the Executive Committee of the Association and those involved in any work arising out of or related to the attainment of the objects of the Association.
- To enter into any association, arrangement, co-operation, joint-venture, merger or partnership with any other person, body corporate, individual or other legal entity, local or foreign, for the furtherance of the objects mentioned herein, and to support or receive support of any nature from any other association, company, fund, group, individual or society having similar objects.
- To allow, license, permit or prohibit any association, company, fund, group, individual or society to use the name and other resources of the Association on such terms and conditions as the Executive Committee may deem fit.
- To abide by all its rules & regulations as well as all prevailing laws of the country.
- The promoters, office bearers and members of the Executive Committee shall not be paid a salary for the services rendered as members of the Executive Committee.
- To do all such other things as are incidental or conducive to the attainment of the above mentioned objects or any of them.
The objects set forth in any sub-clause of this Clause shall not, except where the context so requires, be in any way limited or restricted by reference to the terms of any other sub-clause(s) or the objects therein specified and shall be independent of each other.
- AREA OF OPERATION:
The area of operation of the Association shall be where ever so permitted under the prevailing laws.
- EXECUTIVE COMMITTEE:
- The Executive Committee of the Association shall consist of a minimum of seven (7) Members.
- The maximum limit of membership may, if deemed necessary, be fixed from time to time by the Executive Committee in terms of Rule 3(ii) of the Articles of Association.
- EXECUTIVE COMMITTEE:
The governing body of the Association shall consist of the Executive Committee which shall be responsible for the overall supervision and management of the Association.