This topic keeps popping up.
The WGA Minimum Basic Agreement covers literary material written under employment in the United States (regardless of whether the writer is a Guild member) and literary material optioned or acquired from a "professional writer".
All Guild members are "professional writers", not all professional writers are Guild members...
For some reason, if a screenwriter has a published novel (does vanity publishing count--the MBA doesn't specify) or fulfills any of the other criteria below, he is entitled to be treated the same as a WGA member when optioning or selling specs to a signatory.
Here's what the WGA Minimum Basic Agreement actually says:
1.A.12.
1.B.1.b.
You don't need to be a Guild member to be entitled to Guild minimum when optioning material to a signatory company.
Following extracts from the SCHEDULE OF MINIMUMS:
The WGA Minimum Basic Agreement covers literary material written under employment in the United States (regardless of whether the writer is a Guild member) and literary material optioned or acquired from a "professional writer".
All Guild members are "professional writers", not all professional writers are Guild members...
For some reason, if a screenwriter has a published novel (does vanity publishing count--the MBA doesn't specify) or fulfills any of the other criteria below, he is entitled to be treated the same as a WGA member when optioning or selling specs to a signatory.
Here's what the WGA Minimum Basic Agreement actually says:
1.A.12.
It is understood that this Basic Agreement shall not, nor is it
intended to, cover contracts for the purchase of literary material (a) which literary material at the time of purchase is published or exploited in any manner or by any medium whatever, or (b) with a person who is not a professional writer as defined in Article 1.B.1.b. or 1.C.1.b. hereof, whichever of said subparagraphs of Article 1 is applicable.
DEFINITION OF A "PROFESSIONAL WRITER":intended to, cover contracts for the purchase of literary material (a) which literary material at the time of purchase is published or exploited in any manner or by any medium whatever, or (b) with a person who is not a professional writer as defined in Article 1.B.1.b. or 1.C.1.b. hereof, whichever of said subparagraphs of Article 1 is applicable.
1.B.1.b.
The term "professional writer- means a person who on or after November 1, 2004, sells, licenses or options to the Company the ownership of or rights to use literary material written by such writer, for use in the production of a motion picture, which literary material had not prior to such sale, license or option been published or exploited in any manner or by any medium whatever, and who at such time:
- has received employment for a total of thirteen(13) weeks, which need not be consecutive, as a motion picture and/or television writer, or radio writer for dramatic programs; or
- has received credit on the screen as a writer for a television or theatrical motion picture; or
- has received credit for three (3) original stories or one (1) teleplay for a program one-half hour or more in length in the field of live television; or
- has received credit for three (3) radio scripts for dramatic radio programs one-half hour or more in length; or
- has received credit for one (1) professionally produced play on the legitimate stage, or one (1) published novel.
The Company may rely on the statement of the writer
with respect to whether or not the material had
theretofore been published or otherwise exploited.
1.C.1.b is for TV, and is the same.with respect to whether or not the material had
theretofore been published or otherwise exploited.
You don't need to be a Guild member to be entitled to Guild minimum when optioning material to a signatory company.
Following extracts from the SCHEDULE OF MINIMUMS:
PURCHASES FROM A PROFESSIONAL WRITER
The minimums on pages 1 - 3 apply to purchases of literary material from a "professional writer" as that term is defined in the Basic Agreement and to any writer who has negotiated the right to be treated as a "professional writer.-
OPTIONED MATERIAL (THEATRICAL)
Company may option literary material from a "professional writer" for a period of up to 18 months upon payment of not less than 10% of minimum.
This is for info only. Not meeting the WGA's (somewhat vague) definition of a "professional writer" certainly does NOT mean writers should settle for less than WGA minimum compensation and working conditions when dealing with a signatory company.
The minimums on pages 1 - 3 apply to purchases of literary material from a "professional writer" as that term is defined in the Basic Agreement and to any writer who has negotiated the right to be treated as a "professional writer.-
OPTIONED MATERIAL (THEATRICAL)
Company may option literary material from a "professional writer" for a period of up to 18 months upon payment of not less than 10% of minimum.
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