SimplyScripts Discussion Board
Blog Home - Produced Movie Script Library - TV Scripts - Unproduced Scripts - Contact - Site Map
ScriptSearch
Welcome, Guest.
It is March 28th, 2024, 6:08pm
Please login or register.
Was Portal Recent Posts Home Help Calendar Search Register Login
Please do read the guidelines that govern behavior on the discussion board. It will make for a much more pleasant experience for everyone. A word about SimplyScripts and Censorship


Produced Script Database (Updated!)
One Week Challenge - Who Wrote What and Writers' Choice.


Scripts studios are posting for award consideration

Short Script of the Day | Featured Script of the Month | Featured Short Scripts Available for Production
Submit Your Script

How do I get my film's link and banner here?
All screenplays on the simplyscripts.com and simplyscripts.net domain are copyrighted to their respective authors. All rights reserved. This screenplaymay not be used or reproduced for any purpose including educational purposes without the expressed written permission of the author.
Forum Login
Username: Create a new Account
Password:     Forgot Password

SimplyScripts Screenwriting Discussion Board    General Boards    Questions or Comments  ›  Writers Guild of America, West
Users Browsing Forum
No Members and 3 Guests

 Pages: 1, 2 » : All
Recommend Print
  Author    Writers Guild of America, West  (currently 3259 views)
Breanne Mattson
Posted: December 16th, 2009, 3:18pm Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
I would like to discuss some important issues regarding the Writers Guild. First I want to ask people to respect the purpose of this thread and please don’t derail it. This is very important to all of us.

As writers, we must deal with issues regarding payment or credit for our work. Although we may most often deal in the independent arena where Guild issues probably don’t arise, some of us do occasionally come across projects where we deal with WGA signatories. A project may have actors or actresses who are represented SAG members or perhaps the producer is a WGA signatory.

This thread is primarily directed toward those of us who have had to deal with contractual issues where the WGA may be involved. I’m referring specifically to the WGA,W, which is the one I’m most familiar with. I welcome those who deal with the WGA,E although I admittedly am unaware of just how different these two entities are or how their rules may differ.

To start, I want to say that I fully understand why the WGA exists. I realize the need for writers to unionize and protect themselves and their work. However, there are aspects of the WGA,W rules with regards to up-and-coming writers that I find very troubling. I hope to create a discussion here that will at best alleviate my concerns and at worst elucidate them further for me.

First let me establish the tone with the following quote from the WGA,W website.


Quoted from the WGA,W website
The Guild has the sole authority to determine writing credits on theatrical and television projects written under its jurisdiction. A company cannot guarantee that you will receive writing credit, or any particular form of writing credit.


The above statement applies specifically to “theatrical and television projects written under its jurisdiction.” I should note here that it is the Guild’s desire to include every single job in the industry as its “jurisdiction” although they don’t currently.


Quoted from the WGA,W website
Make sure you are dealing with a company which has become signatory to the WGA Theatrical and Television Basic Agreement, commonly called the Writers Guild Minimum Basic Agreement or MBA.


The above statement is only important if you are dealing with a signatory. I should also note that the Writers Guild Minimum Basic Agreement contains over 450 pages of material, so it’s no small task to try and completely grasp it. Let’s presume we’re dealing with a signatory.


Quoted from the WGA,W website
If you are selling material to a signatory company, you must be considered a "professional writer" to be eligible for writing credit.


Here we come to a statement I find particularly disturbing. I cannot think of a single reason why whether or not a writer deserves credit should be contingent upon whether or not you are a “professional writer.” It seems to me that if you wrote the script, you wrote the script and therefore deserve to be credited for your contribution.

The above statement seems to me to go beyond protecting Guild members and into the realm of allotting special favors at the expense of up-and-coming writers. For example, if a non-union writer writes a script and sells it to a signatory, then that signatory hires a union writer to revise the script, it appears that according to the above statement, the union writer could receive full credit while the original writer would be ineligible, despite the possibility that the original writer conceived of the premise and wrote the overwhelming majority, in some cases perhaps even 100%, of the script.

Following is the WGA,W definition of a “professional writer.”


Quoted from the WGA,W website
The MBA generally defines a “professional writer” as a person who has received employment for a total of thirteen weeks as a television or theatrical motion picture writer; or received credit as a writer on a television or theatrical motion picture (including series); or received credit for a professionally produced play or a published novel.


Using myself as an example, I have worked the required time period although my name has never appeared on the credits for a television or theatrical motion picture (shorts don’t count). Nor am I personally a member of the Writers Guild.

I feel somewhat in limbo as a writer. If I’m working strictly with a non-signatory, it’s not an issue. I’ve always required credit in any contract. When dealing with signatories, it appears I have one “saving grace”:


Quoted from the WGA,W website
You may also negotiate with a company to be treated as a "professional writer" even if you don't meet the MBA criteria.


I’m not sure what all this entails. How can a writer be “treated as a professional writer” contractually by a signatory if a writer doesn’t meet the WGA,W requirements?

I welcome any input from fellow writers. Once again, however, I ask people to take this issue seriously and not derail this thread. These issues are very important to any writer who wishes to work professionally. Please respect that.


Breanne




Logged
Private Message
Helio
Posted: December 16th, 2009, 3:37pm Report to Moderator
Old Timer


Better to die with vodka than with tedium!

Posts
1284
Posts Per Day
0.19
Hi, Brea, how are the things? I hope well.

So, I, for exemple, was accepted to be a member of Writers Guild of Great Britain, because I had signed a contract with a production company in the past, so I became a member, paying annually an amount. I gave up WGGB, years ago, because I returned to Brazil.
Logged Offline
Private Message Reply: 1 - 19
Breanne Mattson
Posted: December 16th, 2009, 3:50pm Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
Hi Helio,

Things are going well.

According to WGA,W criteria, a writer can be a member of the WGA,W and still not be considered a “professional writer.” Some writers pay WGA,W dues, which are exorbitant if you are not earning much, yet still aren’t considered “professional writers.”

In my own personal experience I have found, at least at this stage, that it’s more beneficial for me not to belong to the WGA,W.


Breanne



Logged
Private Message Reply: 2 - 19
Helio
Posted: December 16th, 2009, 4:13pm Report to Moderator
Old Timer


Better to die with vodka than with tedium!

Posts
1284
Posts Per Day
0.19
Indeed, dear, indeed. Maybe in England you will be considered a professional and I agree with them that everyone that sold and signed an agreement contract is a professional. So whether everyone belong any association or syndicate and receive money to do any work is a professional or yet whether he has a diploma like a doc, engineer etc
Logged Offline
Private Message Reply: 3 - 19
steven8
Posted: December 16th, 2009, 6:00pm Report to Moderator
Old Timer


The Ed Wood of Simply Scripts

Location
Barberton, OH
Posts
1156
Posts Per Day
0.22
I see your quandary, Breanne.  The wording is like so many legal documents.  It gives every appearance of trying to be exact while at the same time being totally vague.

It even gives their definition of 'Professional Writer', which is what I was hoping for as I read, then sets about telling you that you can circumvent this via negotiation with a signatory company?

It seems to me that the whole document is written as most documents are for an organization: To protect them against writers with complaints.  If a writer feels they were treated unjustly by a signatory because they were not considered a 'Professional Writer', they can always say you had the opportunity to negotiate that if you wished.  

But, as you say, the document is 450 pages, and most folks probably wouldn't even go to the depths you have to research it.  Then they would be stuck in the end.


...in no particular order
Logged Offline
Private Message Reply: 4 - 19
Breanne Mattson
Posted: December 16th, 2009, 6:37pm Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
It’s a precarious position. I’ve met the time period criterion through working on assignment projects for a Hollywood company. I’ve also sold my work in the past for monetary compensation. Yet I still don’t technically meet the WGA criteria of a “professional writer.” Assuming I met the criteria for membership and joined the union, I still wouldn’t be a professional writer by their standards.

I'm disturbed by things like this:


Quoted from the WGA website
If you are selling material to a signatory company, you must be considered a “professional writer” to be eligible for writing credit.


If any writer not considered a professional writer sells a script to a major Hollywood studio, which will certainly be a WGA signatory, then the above statement seems to me to be a license to screw the writer out of credit and give it instead to a union writer.

If a union writer revises the script and it comes time for the WGA to determine credit, then there’s nothing to protect the non-union writer from getting steamrolled and the union writer taking full credit.

I understand the WGA needs to protect its members. And I’m sure some signatories feel they protect them too much, hence the writers strike. But if you’re a writer and you’re not protected by the union it appears you have little to no recourse. It seems to me that the union protects their members at the expense and to the detriment of newer writers.

I hope I’m missing something or misunderstanding something here. The above quote strikes me as so obviously biased and unfair that I’m appalled by the idea that it could hold up in court.


Breanne



Logged
Private Message Reply: 5 - 19
Helio
Posted: December 16th, 2009, 6:56pm Report to Moderator
Old Timer


Better to die with vodka than with tedium!

Posts
1284
Posts Per Day
0.19
How many Camerons, Spielbergs or Scorseses are necessary to make you a professional writer, Brea?
Logged Offline
Private Message Reply: 6 - 19
Shelton
Posted: December 16th, 2009, 7:39pm Report to Moderator
Of The Ancients



Location
Chicago
Posts
3292
Posts Per Day
0.49
It's been awhile since I've looked at the agreement, but isn't the criteria for being deemed a professional writer the same as being eligible for the guild?  Those stipulations sure look familiar.

I know there's some sort of points system involved based upon working on a TV show for X number of weeks or selling a feature script.

The writing credit eligibility thing may just be a way for them to "encourage" people to join (pay dues)


Shelton's IMDb Profile

"I think I did pretty well, considering I started out with nothing but a bunch of blank paper." - Steve Martin
Logged Offline
Private Message AIM Reply: 7 - 19
Breanne Mattson
Posted: December 16th, 2009, 8:23pm Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20

Quoted from Shelton
It's been awhile since I've looked at the agreement, but isn't the criteria for being deemed a professional writer the same as being eligible for the guild?


Quoted from the WGA website
Writers Guild membership does not automatically qualify you as a professional writer.


You can be a WGA member without being a professional writer so evidently there are differences in the criteria between membership and professional writer status. I’m not sure at the moment what the differences are.


Quoted from Shelton
The writing credit eligibility thing may just be a way for them to "encourage" people to join (pay dues)


I know of writers who are members although they wouldn’t technically be considered professional writers. I’m not sure exactly what benefit they get from it. I know some companies accept scripts from WGA members only. There are plenty of independent filmmakers more than willing to work with non-WGA members though. Speaking strictly in terms of major Hollywood studios, I can’t see much benefit to WGA membership if you’re not professional writer status.


Quoted from Helio
How many Camerons, Spielbergs or Scorseses are necessary to make you a professional writer, Brea?


Actually, Helio, none of them can make that determination. If any one of those cinematic titans loved your script, Helio, and bought it for a million dollars, they still couldn’t guarantee that you would receive writers credit. The WGA retains the sole right to determine writing credit in all television and theatrical motion pictures in its jurisdiction.


Breanne


Addendum:

For anyone who wishes to know:


Quoted from the WGA website
How to Become a Member

If you're interested in becoming a member of the Writers Guild of America, West, here's what you need to know:

We work on a unit system (described in detail below*) based on writing employment and/or sales within the Guild's jurisdiction and with a "signatory" company (a company that has signed the Guild's collective bargaining agreement). Depending upon the number of units earned, a writer may be eligible for either Current (full) membership, or Associate (partial) membership.

Current membership: In order to be eligible for Current membership a writer must acquire a minimum of 24 units in the three years preceding application. Upon final qualification for Current membership, an initiation fee of $2,500 is due, payable to the Writers Guild of America, West.

Associate membership: A writer may be eligible for Associate membership if he or she has had writing employment and/or sales within the Guild's jurisdiction and with a "signatory" company but has acquired less than 24 units in the three years preceding application. Upon final qualification, Associate membership is available for a total of three years at a cost of $100 per year.


I didn’t post the schedule of units or any of the additional membership rules. Go here for details.

Technically I guess I qualify for an associate membership but I still don’t qualify as a professional writer. What if you’re not a member and you don’t fulfill the requirements for a “professional writer”?




Revision History (5 edits; 1 reasons shown)
Breanne Mattson  -  December 16th, 2009, 10:49pm
Logged
Private Message Reply: 8 - 19
steven8
Posted: December 16th, 2009, 11:09pm Report to Moderator
Old Timer


The Ed Wood of Simply Scripts

Location
Barberton, OH
Posts
1156
Posts Per Day
0.22
Breanne, I believe the best thing to do would be to contact their membership department:

http://www.wga.org/content/subpage_whoweare.aspx?id=815

In theory, they should have all the answers.  To me it looks so gray it's scary.


...in no particular order
Logged Offline
Private Message Reply: 9 - 19
Breanne Mattson
Posted: December 17th, 2009, 2:18am Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
Steven,

Thanks. I’m not really looking for information on how to be a member. I’m looking for information on handling contracts with signatories when you’re not a member.

I was hoping someone else would have had to deal with this issue. The producers I’ve dealt with who are signatories generally tell me they can’t guarantee anything with regard to credit because it’s up to the WGA. But the WGA doesn’t really extend protection to someone in my position. It makes it very difficult to work out contractual issues.


Breanne



Logged
Private Message Reply: 10 - 19
Shelton
Posted: December 17th, 2009, 10:39am Report to Moderator
Of The Ancients



Location
Chicago
Posts
3292
Posts Per Day
0.49
This was an interesting article.

http://www.independent-magazine.org/node/318

As far as handling contracts, you are well within your right to request things awarded to WGA members, even if you're not one.

Regarding credits, issues should only arise if additional writers are brought on board, and eventually protests their credit or lack thereof.  If a producer is seeking writing credit, they have to earn it by having contributed at least 50% toward the screenplay.


Shelton's IMDb Profile

"I think I did pretty well, considering I started out with nothing but a bunch of blank paper." - Steve Martin
Logged Offline
Private Message AIM Reply: 11 - 19
Breanne Mattson
Posted: December 18th, 2009, 1:21am Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
Thanks Mike,

Great little article. It’s mostly stuff I already knew but it’s nice to see it so laid out. And I learned a few things. I wonder how many people have actually read the Minimum Basic Agreement. I’m going to try and read the whole thing. Understand it, now that’s another story.


Breanne



Logged
Private Message Reply: 12 - 19
Sandra Elstree.
Posted: December 18th, 2009, 1:32am Report to Moderator
Of The Ancients


What if the Hokey Pokey, IS what it's all about?

Location
Bowden, Alberta
Posts
3664
Posts Per Day
0.60

Quoted from Breanne Mattson
Thanks Mike,

Great little article. It’s mostly stuff I already knew but it’s nice to see it so laid out. And I learned a few things. I wonder how many people have actually read the Minimum Basic Agreement. I’m going to try and read the whole thing. Understand it, now that’s another story.


Breanne



Thank YOU, Breanne, for sharing what you have.

My ignorance with regards to contracts soars to such a level that I could be swept up to the heavens and down under the rug in such an instant that I wouldn't know the difference.

Right now, the most important focus for me is the craft itself. I have a few people that look after me and who can "do the law" when comes the time, and for that, I'm blessed, but we're not all so fortunate; so thank you!!!

Sandra



A known mistake is better than an unknown truth.
Logged Offline
Site Private Message Reply: 13 - 19
Breanne Mattson
Posted: December 19th, 2009, 1:55pm Report to Moderator
Old Timer



Posts
1347
Posts Per Day
0.20
Thanks for the kind words, Sandra. Just as a general disclaimer, I’m not a lawyer and no one should take anything I say as any sort of legal advice. I’m just trying to be proactive.


Breanne



Logged
Private Message Reply: 14 - 19
 Pages: 1, 2 » : All
Recommend Print

Locked Board Board Index    Questions or Comments  [ previous | next ] Switch to:
Was Portal Recent Posts Home Help Calendar Search Register Login

Forum Rules
You may not post new threads
You may not post replies
You may not post polls
You may not post attachments
HTML is on
Blah Code is on
Smilies are on


Powered by E-Blah Platinum 9.71B © 2001-2006