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Racoon
06-16-2013, 09:19 AM
If a producer who is non wga signs a contract that she is stating is a wga contract would she still have to file that docuument with in the two week time frame that the wga has. If not would it make that contract void?

Thanks for any imput.

Racoon

EscapeFL
06-16-2013, 11:12 AM
My take on this is that a lot of producers will use a WGA contract so that they are being fair to writers, whether the producer is a signatory or not. If the writer is not WGA, then they wouldn't have to file it. Am I correct here?

SoCalScribe
06-17-2013, 03:47 AM
If a producer who is non wga signs a contract that she is stating is a wga contract would she still have to file that docuument with in the two week time frame that the wga has. If not would it make that contract void?

Thanks for any imput.

Racoon

Are you talking about a non-guild signatory who agrees to make a deal with the guild? Or a non-guild signatory who takes elements of a WGA deal for the purposes of clarifying something (e.g., "Writing credit will be determined in accordance with WGA guidelines.")?

If someone who is non-guild all of a sudden decides to go guild with a project, he or she is then obligated to adhere to WGA requirements in all respects. If you have a project that goes guild, you can't just pick and choose the rules you want to follow; you have to follow them all.

Voiding a contract, however, isn't as easy as just pointing out a breach. There's a long resolution process that involves giving notice of breach and usually affording the party in breach some kind of cure period to rectify the situation. Rarely is a contract structured so that any little violation nullifies the entire agreement instantaneously.

Racoon
06-18-2013, 09:03 AM
No I'm saying the producer who is non signatory uses a contract that has bits and parts of a wga contract then keeps calling it a wga contract and sets no time limit on it and then keeps refereing to it as a "wga contract". The writer is also non guild.

So did they need to file that within two week period. I guess that is the question.

Racoon

EscapeFL
06-18-2013, 09:10 AM
No I'm saying the producer who is non signatory uses a contract that has bits and parts of a wga contract then keeps calling it a wga contract and sets no time limit on it and then keeps refereing to it as a "wga contract". The writer is also non guild.

So did they need to file that within two week period. I guess that is the question.

Racoon

No.

Garamond
06-18-2013, 09:46 AM
Here's how I understand it: Unless the entire contract meets WGA standards, it's not a WGA contract. Doesn't matter what the producer calls it. And even if everything in the contract does meet WGA standards, the producer could just be extending those benefits to you without actually intending to register as a signatory.

SoCalScribe
06-18-2013, 12:27 PM
No I'm saying the producer who is non signatory uses a contract that has bits and parts of a wga contract then keeps calling it a wga contract and sets no time limit on it and then keeps refereing to it as a "wga contract". The writer is also non guild.

So did they need to file that within two week period. I guess that is the question.

Racoon

The only thing that makes a contract enforceable by the WGA is if the project is actually a signatory to the guild. Non-guild entities use guild language all the time in contracts, but that doesn't make them beholden to the guild rules. For example, it's common for non-guild agreements to use WGA defined terms (rewrite, polish, etc.), commonly-accepted WGA credit conventions even if the WGA doesn't decide the credit, and sometimes even separated rights and/or other guild-negotiated terms. None of that means that the producer or company is then required to make it a guild project or can be held to guild standards... it just means that they've taken certain aspects of a guild deal and incorporated it into their own non-signatory agreement (which is not a bad thing).

If you're saying this contract is basically taking bits and pieces of other contracts and has been poorly drafted so that there are still some leftover bits and pieces, that sounds like bad drafting more than anything else.

Without seeing the actual contract language it's impossible to tell whether it's merely a drafting error or something that entitles you to go guild. Then again, if that's the real question here (i.e. interpretation of contract's language and what impact that language has on someone's obligations), that's really a question for an attorney.