Can WGA Writers Work for Non-Signatories Outside US?

Collapse

Announcement

Collapse
No announcement yet.
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can WGA Writers Work for Non-Signatories Outside US?

    I remember listening to a Scriptnotes episode about WGA writers writing for international productions outside of WGA auspices and WGA trying to do something about that.

    Do you know how does that look like? It's now become of my utmost interest, as I can become a current member, but most of my work is for non-signatories because I live in Europe.

  • #2
    Re: Can WGA Writers Work for Non-Signatories Outside US?

    Anyone...?

    Comment


    • #3
      Re: Can WGA Writers Work for Non-Signatories Outside US?

      Maybe take a look at this older thread for a moment until someone can possibly jump in:

      http://messageboard.donedealpro.com/...ad.php?t=49254

      I'm not in the WGA, but I'm pretty sure based on what I've seen and heard over the years, they require the company to agree to be a signatory and follow all the "rules."

      Also, per the WGA site:

      To ensure that you are able to take advantage of the many protections afforded by the MBA, you must deal only with Guild signatory Companies. A Guild signatory company is a company that has agreed to be bound by the terms of the MBA. If you work for a non-signatory company, the Guild cannot guarantee you the protections afforded under the MBA. In fact, if you are a WGA member, it is a violation of the Guild’s Working Rulesif you perform services for a company or sell literary material to a company that is not signatory to the MBA. Before accepting employment or selling literary material, we urge you to call the WGAW Signatories Department at (323) 782-4514 or the WGAE Signatories Department at (212) 767-7837, or use the Signatory Confirmation Lookuptool online,to ensure that the relevant employing or purchasing Company is signatory. Do not rely on the fact that a company has produced other films or that the company promises to become signatory or that other companies with similar names are signatory to the MBA.

      This too:

      No member shall accept employment with, nor option or sell literary material to, any person, firm or corporation who is not signatory to the applicable MBAs.
      Will
      Done Deal Pro
      www.donedealpro.com

      Comment


      • #4
        Re: Can WGA Writers Work for Non-Signatories Outside US?

        Thank you, Will!

        And yet, I've found something like that in the MBA:

        ARTICLE 5 - GEOGRAPHICAL APPLICATION OF THIS BASIC AGREEMENT (GENERAL)

        Notwithstanding anything to the contrary contained herein, this Basic Agreement shall apply to writers only in the specific instances set forth below regardless of where the contract of employment or acquisition, as the case may be, is signed:
        (...)

        "A writer or professional writer who lives in the United States," as such phrase is used in Paragraphs A. and B. above, does not include either of the following:

        A person who lives outside the United States (other than for a temporary visit) even though he/she may at any given time be temporarily in the United States; or

        A person who lives outside of the United States (other than for a temporary visit) whether or not he/she has retained his/her domicile in the United States.


        That would mean, however, that the MBA is never applicable to me until I move to the US. Mindboggling.

        I've written to their international members department. Let's see what follows.

        EDIT:

        .... and the answer is:
        “Once you become a member, you’ll be asked to work with signatory companies everywhere, including outside the US. ”

        What I find interesting is the soft form (you’ll be asked). Maybe it’s more like a courtesy and they don’t really have official capacity to enforce it.
        Last edited by goldmund; 05-28-2019, 10:22 PM.

        Comment


        • #5
          Re: Can WGA Writers Work for Non-Signatories Outside US?

          hey Goldmund--

          basically as a WGA member you're only supposed to work with signatories, regardless of where you or they are. they could be in Fiji and you could be on a barge somewhere in the Pacific. doesn't matter. if they're not WGA signatories, you'll be in violation of Guild rules the moment you write for them.

          truth be told, some companies don't want to become a signatory because a) they have to pay your pension and health, and b) they have to meet guild minimums on all projects they put out if they approach WGA writers. so if they hire a writer to do a polish after you, they're gonna have to pay that writer guild minimum. which obviously adds up, esp if the company doesn't have loads of development money.

          there IS a loophole, and I remember finding out about it a couple years ago when I almost signed on to do a non-WGA gig in Europe. I can't remember exactly what the workaround was but if I recall correctly it was more about stripping the company's signatory commitment to the bare minimum, i.e. they weren't gonna pay pension&health, they were just going to become a signatory on that one specific project and therefore would have to start a company JUST for that script (e.g. Action Movie LLC). because their biggest concern (as mentioned above) was that they'd get sucked into the WGA's numbers and would have to pay 100k every time they wanted a writer on a project.

          I see both arguments for and against abiding by WGA rules in this circumstance, but I do wish there was a little more of a case-by-case approach because it has prevented me from engaging with producers and production companies that I genuinely wanted to work with.

          Comment


          • #6
            Re: Can WGA Writers Work for Non-Signatories Outside US?

            Thank you, Travis. Not a response I was hoping for

            Still, I can't find the Scriptnotes episode where they talked about that. I remember that the gist was there is a large group of WGA writers working for offshore companies.

            Comment


            • #7
              Re: Can WGA Writers Work for Non-Signatories Outside US?

              You are based in Europe doing non US work, you're fine. If you live in the US you can only work for signatories. The A in WGA is America though they try to claim jurisdiction everywhere.

              Comment


              • #8
                Re: Can WGA Writers Work for Non-Signatories Outside US?

                I challenge this notion, Mr. Bank.

                I thought I was in the clear as well since I was considering writing in the UK for a UK company. But when I asked the WGA the hammer fell with a "no. if you're WGA, you can only work for signatories, no matter where in the world they are".

                I strongly suggest ringing the Guild. pretty sure you'll get this exact answer.

                Comment


                • #9
                  Re: Can WGA Writers Work for Non-Signatories Outside US?

                  but where is your primary residence? if it's the US then sure but I know lots of uk writers who work there, then maybe sell something here and become wga, then continue to work in the uk non-guild as long as they are still uk based.

                  also, if you ring the guild and ask if something should be guild, they say yes, every time.

                  Comment


                  • #10
                    Re: Can WGA Writers Work for Non-Signatories Outside US?

                    Originally posted by Northbank View Post
                    but where is your primary residence? if it's the US then sure but I know lots of uk writers who work there, then maybe sell something here and become wga, then continue to work in the uk non-guild as long as they are still uk based.

                    also, if you ring the guild and ask if something should be guild, they say yes, every time.
                    I have agents in the UK and the US and am based in London. I’ve been working steadily in tv and film for about five years in the UK. I’m not in the WGA but have had a few options set up stateside over the years. I currently have a new spec that my American managers and agents are about to take out. Had a coffee with my British agents the other day and they said if it sells I’d be expected to join the WGA and in turn fire them too as they haven’t signed the COC.

                    Comment


                    • #11
                      Re: Can WGA Writers Work for Non-Signatories Outside US?

                      Originally posted by Mintclub View Post
                      I have agents in the UK and the US and am based in London. I've been working steadily in tv and film for about five years in the UK. I'm not in the WGA but have had a few options set up stateside over the years. I currently have a new spec that my American managers and agents are about to take out. Had a coffee with my British agents the other day and they said if it sells I'd be expected to join the WGA and in turn fire them too as they haven't signed the COC.
                      Are they supposed to sign the COC when they're not ATA?

                      This whole thing is messed up. That's why I was trying to find the script notes episode because I believe Craig Mazin had some level headed suggestions.

                      Comment


                      • #12
                        Re: Can WGA Writers Work for Non-Signatories Outside US?

                        Originally posted by goldmund View Post
                        Are they supposed to sign the COC when they're not ATA?

                        This whole thing is messed up. That's why I was trying to find the script notes episode because I believe Craig Mazin had some level headed suggestions.
                        Yeah that was my initial thought. My agents said the agency held a meeting about it and weren't going to sign which suggests they've been asked to.

                        British agencies will no doubt be less keen to sign the COC though because for the most part they don't really deal with the WGA and/or its signatories. They essentially have their own industry with the likes of ITV, SKY, The BBC and countless Indy producers and European financiers. They do however deal with the 4 main agencies involved in the fight with the WGA. I guess (and it's just a guess) if they sign it they may destroy those relationships when sharing cast, directors, producers etc not just their writers. Most Brit agencies (like my own) introduce their clients to American reps at some stage (mine did with my US reps) but then they have very little input on dealings overseas. They're always cc'ed into team emails and still take a percentage of the deal but that's about it.

                        Comment


                        • #13
                          Re: Can WGA Writers Work for Non-Signatories Outside US?

                          Originally posted by goldmund View Post
                          Are they supposed to sign the COC when they’re not ATA?

                          This whole thing is messed up. That’s why I was trying to find the script notes episode because I believe Craig Mazin had some level headed suggestions.
                          Is this what you were looking for?:

                          But if they hire a French writer to write something in France, no. Not only do they not have to have them be WGA, I don’t think they can. I don’t think they’re allowed to be. I think that our contract only covers US employees because of federal labor law and all the rest of it.

                          So, it’s sort of defined by where you are, where you’re doing the job.

                          Similarly, if you go overseas and write [a] movie in France, you may not be employed by a WGA signatory because you’re writing it physically there.


                          https://johnaugust.com/2018/scriptno...ios-transcript

                          Add let me add this since I reread your original post and realized I misread it.

                          Originally posted by goldmund View Post
                          It's now become of my utmost interest, as I can become a current member, but most of my work is for non-signatories because I live in Europe.
                          You're not even a member; so don't join yet. If most of your work is for non-signatories in Europe then keep doing that for now and make whatever money you can. If the companies you are looking to work with have not agreed to anything and are not obligated to follow WGA rules including pay for pension & health, etc., what is the point in your joining? You won't get any real protection or any benefits. Right? (I don't ask that naively either.) Yes, you can brag to friends about being in the WGA but what will it really matter other than that? Join when you really need to AND know that you have more WGA signatory work lined up. That would seem to be the more "safe" way to go for now.

                          I'm sure I am probably missing something here, but it seems like waiting might be your best option until it's truly the right time.
                          Last edited by Done Deal Pro; 06-02-2019, 10:34 AM. Reason: Clarification
                          Will
                          Done Deal Pro
                          www.donedealpro.com

                          Comment


                          • #14
                            Re: Can WGA Writers Work for Non-Signatories Outside US?

                            But shouldn't we keep mind that the brethren and sistern in foreign countries' guilds tend or try to act unofficially in ways to support any of the individual unions that's in a fight?

                            It's all part of the world-wide collective effort, including how we non-Guild types in Canada (for example) can't raid all your studio work down there, either without joining the Yankee Guild or our own (WGC) up here.

                            At least, so I've heard.

                            Comment


                            • #15
                              Re: Can WGA Writers Work for Non-Signatories Outside US?

                              Will; that is correct. I have confirmed with the WGA that I can become a current member but I haven’t filled out my application yet... not to mention shelling out $2500
                              The reason I would like to do that even though I don’t have to yet (until I get another job from a signatory) is that I’m hoping to get employed on a US feature or TV show using the online submission system that WGA is working on right now.

                              Comment

                              Working...
                              X