Ghost Writing

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  • Ghost Writing

    I recently did a work for hire job for a WGA Writer. I wrote more than half of a television pilot and there was no formal contract in place at the time I began the work. After I completed the my work and did a final polish of the completed pilot there was a dispute over payment and I was forced to sign a NDA before payment would be released.

    Since then the pilot has been picked up by a network and is currently filming the first season.

    Is the NDA binding? Do I have any rights in relation to the series and the work I did? Or have I made a blindingly stupid amateur mistake (in order to establish a relationship with this writer) and I'm simply screwed? (In which case lesson learned...)

    Thanks for your help.

  • #2
    Re: Ghost Writing

    Originally posted by LiteBrightWrite View Post
    I recently did a work for hire job for a WGA Writer. I wrote more than half of a television pilot and there was no formal contract in place at the time I began the work. After I completed the my work and did a final polish of the completed pilot there was a dispute over payment and I was forced to sign a NDA before payment would be released.

    Since then the pilot has been picked up by a network and is currently filming the first season.

    Is the NDA binding? Do I have any rights in relation to the series and the work I did? Or have I made a blindingly stupid amateur mistake (in order to establish a relationship with this writer) and I'm simply screwed? (In which case lesson learned...)
    as always in the law . . . it depends

    is the NDA binding? without seeing its terms and what disclosures it's intended to prohibit, no idea.

    but if it was truly a work-for-hire situation, and you got payment from the writer for the work produced, also not sure it would ultimately matter.

    Comment


    • #3
      Re: Ghost Writing

      It's a really weird NDA, some say it's binding, others disagree. Throughout it refers to me as "assistant" even though I wasn't employed as an assistant. I live half a country away!

      Here the NDA portion (Sorry for the length):
      No Use or Disclosure: Assistant shall at all times,
      during and after the Engagement, respect and preserve the
      confidentiality sought by Company and shall take all reasonable
      measures to prevent any disclosure or Confidential Information.
      Without Company's prior written consent in each instance,
      Assistant shall not, directly or indirectly, use, disclose,
      transmit, repeat or publish, or authorize, participate in, aid
      or abet the use, disclosure, transmission, repetition or
      publication of, any Confidential Information, in any manner
      whatsoever, at any time, whether during or after the Engagement.
      Notwithstanding the foregoing, Assistant shall be permitted to
      disclose certain Confidential Information to the limited extent
      actually required by law or by Assistant's duties pursuant to
      Assistant's engagement by Company (but only as authorized by
      Company). Immediately upon learning that the disclosure of
      Confidential Information may be required by law, Assistant will
      notify Company and will fully cooperate with Company and use all
      reasonable efforts to avoid such disclosure.


      It seems very cut and paste to me.

      Comment


      • #4
        Re: Ghost Writing

        Also forgot to answer the last part of your reply. They refused to pay me UNTIL I signed the NDA.

        It was very clearly stated in the email. I felt as if I was being backed into a corner on the issue.

        Comment


        • #5
          Re: Ghost Writing

          Originally posted by LiteBrightWrite View Post
          Also forgot to answer the last part of your reply. They refused to pay me UNTIL I signed the NDA.

          It was very clearly stated in the email. I felt as if I was being backed into a corner on the issue.
          But . . . it was still a work for hire, NDA or no NDA. Even if you could tell all the world about your contribution, you were paid for that contribution in consideration of giving up your rights of authorship.

          Comment


          • #6
            Re: Ghost Writing

            Originally posted by LiteBrightWrite View Post
            I recently did a work for hire job for a WGA Writer. I wrote more than half of a television pilot and there was no formal contract in place at the time I began the work. After I completed the my work and did a final polish of the completed pilot there was a dispute over payment and I was forced to sign a NDA before payment would be released.

            Since then the pilot has been picked up by a network and is currently filming the first season.

            Is the NDA binding? Do I have any rights in relation to the series and the work I did? Or have I made a blindingly stupid amateur mistake (in order to establish a relationship with this writer) and I'm simply screwed? (In which case lesson learned...)

            Thanks for your help.
            Well, the writer in question is in violation of WGA working rules, since he's not allowed to put his name on your work.

            In theory - if your draft was what was shot, or enough of your work remained to get you a co created-by credit, then yeah, you're sort of screwed out of residuals unless you back out of the NDA. I don't know what the WGA would do to a writer who tries to pass off ghost-written work, either.

            But you really need to talk to a lawyer here. Amateur opinions about what the implications of breaking your NDA would be aren't worth very much.

            Comment


            • #7
              Re: Ghost Writing

              Okay, thanks. Was just curious about my status. Wasn't sure if the WGA approved of members using work for hire and claiming it as their own.

              Thanks for the info. Screwed again.

              Comment


              • #8
                Re: Ghost Writing

                I would like to add one more tidbit I once heard regarding contracts. No contract can ever be deemed legal or illegal, binding or not binding, fair or unfair, etc until it is actually taken to court. So careful lawyers never talk in absolutes. They talk about probabilities. I.e, this contract either has a good chance of standing up in court or not. Until then it is all a giant gentlemen's agreement or bluffing game between the parties (depending on how you look at it).

                If you do go to court, then the contract becomes a very important tool to guide the judge and/or jury. But it is by no means the only tool. Many people forget this and somehow come to believe that that piece of paper is the only piece of truth that dictates everything. It isn't.

                Another thing I learned regarding contracts is, once they are contested in court, one of the early questions becomes wether all parties knew what they were signing, with all the implications that derive from it. That's why smart companies would never accept a signed contract from someone who isn't represented at the time of signing. It would be too easy for you to claim you had no idea what you were signing or that you were pressured into it since you didn't have a lawyer on your side.

                So do consult with a good lawyer and see if they believe they can mount a winning case and wether you can afford to bankroll the suit. In the end these two questions will be the only questions that matter. What you actually signed will be far less important at that point.
                Manfred Lopez Grem
                WGA Writer - Director | Zero Gravity Management

                REEL - IMDB

                Comment


                • #9
                  Re: Ghost Writing

                  Thanks, Manfred. Was curious about many of the facts you mentioned. My biggest concern was that I was explicitly told that I would not be paid unless I signed the NDA for this particular project (no representation at the time, just a high-profile contest win).

                  A NDA was not discussed until I made a demand for payment.

                  Just going to let it go, but may include the job on my resume. I doubt the writer will come after me considering the WGA's position on claiming someone else's work as your own.

                  Comment


                  • #10
                    Re: Ghost Writing

                    Is anyone else shocked that a WGA writer would hire someone to do their writing for them? This can't be common practice. I mean, is it?

                    Comment


                    • #11
                      Re: Ghost Writing

                      Originally posted by LiteBrightWrite View Post
                      After I completed the my work and did a final polish of the completed pilot there was a dispute over payment and I was forced to sign a NDA before payment would be released.

                      Since then the pilot has been picked up by a network and is currently filming the first season.

                      Is the NDA binding? Do I have any rights in relation to the series and the work I did? Or have I made a blindingly stupid amateur mistake (in order to establish a relationship with this writer) and I'm simply screwed? (In which case lesson learned...)
                      I do see you said, you'll "let it go" but if I may I'll at least throw these few thoughts out in case it might help in some way. Also, I am not a lawyer. Just things to consider based on my observations from over the years.

                      I don't want to pour salt on your wounds, but yes, you screwed you basically. It happens. Never do work for or with people without an agreement in place first. A clear understanding on paper that both sides agree to and sign. This goes for writing partnerships even with friends as more than enough writers have learned over the years.

                      To be fair in the discussion, I've helped some folks I know with developing stories, doing polishes on their scripts, etc. No contracts. No nothing. Why? Because in those cases I didn't care. In a few cases, I was paid a tiny bit. In others, it was to help a friend with an indie film they were getting ready to shoot. But I didn't matter to me. I was fine with it. I went in knowing the "rules" of situation/lay of the land.

                      I do know a writer who has secretly worked for a big WGA studio feature writer and has done ghost work for him. The person I know is not in the WGA. There was no credit. He got paid to help the person out, since the writer is/was overbooked all the time with too many projects. [Thus not shocked any more, EnsconcedinVelvet. It was a tiny bit surprising when I first heard about something like this, but I'm not surprised any more, of course.]

                      I don't know all about your situation, but from what I am reading here, I think you should probably just sign the NDA, get paid and have it be a lesson learned. There are surely more under the table deals out there/out here than any of us would imagine. I'd willing to bet the WGA writer I noted above didn't even tell their agents. They probably just did it, thus their reps would have plausible deniability -- all but possibly their lawyer to do a contract. But who knows? (I can't imagine tons of WGA folks are doing this by any means, but it might happen a little more often than one might think.)

                      Does it suck you won't get credit or tons of money? Sure. But that's what happens when you ghostwrite. Granted the writer you are helping can't be the sharpest in the pack if they didn't do paperwork first. But is it really worth it to get into court battles, drag the WGA in, etc. all for what? To maybe get a little money & credit and then look like a "troublemaker" to the industry? I'm not talking about fair here. I'm just noting there might be more downsides than it's worth it. And I'd be cautious about putting this project on your resume. Think about how it might make you appear, regardless again, of fair or right. But that's your call.

                      Also, listen to the advice above, particularly in terms of getting legal advice.
                      Last edited by Done Deal Pro; 12-16-2016, 09:33 AM.
                      Will
                      Done Deal Pro
                      www.donedealpro.com

                      Comment


                      • #12
                        Re: Ghost Writing

                        Was there a writing staff? They didn't offer you a spot on the staff when it got picked up?
                        Quack.

                        Writer on a cable drama.

                        Comment


                        • #13
                          Re: Ghost Writing

                          Originally posted by Done Deal Pro View Post
                          I do see you said, you'll "let it go" but if I may I'll at least throw these few thoughts out in case it might help in some way. Also, I am not a lawyer. Just things to consider based on my observations from over the years.

                          I don't want to pour salt on your wounds, but yes, you screwed you basically. It happens. Never do work for or with people without an agreement in place first. A clear understanding on paper that both sides agree to and sign. This goes for writing partnerships even with friends as more than enough writers have learned over the years.

                          To be fair in the discussion, I've helped some folks I know with developing stories, doing polishes on their scripts, etc. No contracts. No nothing. Why? Because in those cases I didn't care. In a few cases, I was paid a tiny bit. In others, it was to help a friend with an indie film they were getting ready to shoot. But I didn't matter to me. I was fine with it. I went in knowing the "rules" of situation/lay of the land.

                          I do know a writer who has secretly worked for a big WGA studio feature writer and has done ghost work for him. The person I know is not in the WGA. There was no credit. He got paid to help the person out, since the writer is/was overbooked all the time with too many projects. [Thus not shocked any more, EnsconcedinVelvet. It was a tiny bit surprising when I first heard about something like this, but I'm not surprised any more, of course.]

                          I don't know all about your situation, but from what I am reading here, I think you should probably just sign the NDA, get paid and have it be a lesson learned. There are surely more under the table deals out there/out here than any of us would imagine. I'd willing to bet the WGA writer I noted above didn't even tell their agents. They probably just did it, thus their reps would have plausible deniability -- all but possibly their lawyer to do a contract. But who knows? (I can't imagine tons of WGA folks are doing this by any means, but it might happen a little more often than one might think.)

                          Does it suck you won't get credit or tons of money? Sure. But that's what happens when you ghostwrite. Granted the writer you are helping can't be the sharpest in the pack if they didn't do paperwork first. But is it really worth it to get into court battles, drag the WGA in, etc. all for what? To maybe get a little money & credit and then look like a "troublemaker" to the industry? I'm not talking about fair here. I'm just noting there might be more downsides than it's worth it. And I'd be cautious about putting this project on your resume. Think about how it might make you appear, regardless again, of fair or right. But that's your call.

                          Also, listen to the advice above, particularly in terms of getting legal advice.
                          Thanks. I'm counting it as teaching moment. As a new writer, I've found myself in similar situations more than once:

                          Rewrote a screenplay with the promise of payment. Just found out the film was made using my rewrite.

                          Wrote a pilot where I received commencement, but the back end was never paid. Heard that the pilot is still being shopped around.

                          Company used my script to secure a director, funding, and actors without bothering to option it from me. (Script was sent for review only...)

                          I'm beginning to see this industry is a snake pit and you need to bite first! LOL

                          Comment


                          • #14
                            Re: Ghost Writing

                            Originally posted by ducky1288 View Post
                            Was there a writing staff? They didn't offer you a spot on the staff when it got picked up?
                            No, the writer has not contacted me since I was forced to sign the NDA to get paid. Guess that bridge was burned

                            Comment


                            • #15
                              Re: Ghost Writing

                              Originally posted by EnsconcedinVelvet View Post
                              Is anyone else shocked that a WGA writer would hire someone to do their writing for them? This can't be common practice. I mean, is it?
                              Can't tell if you're being sarcastic or if you're really shocked. lol If it is common practice how are they getting away with it? Is this just normal backroom business?

                              Like I said new to this. Been screwed over more than once. I was trying to find out what my rights are and the ethicality of the practice.

                              Comment

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