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  • WGA question

    Here's my situation: I'm not in the WGA. I wrote a short-form series for a production company last year. They hired a WGA writer to rewrite me, though the story, the structure, and, in fact, many of the words remain mine (or paraphrasings of what I wrote).

    The company recently sold the series to a distributor and are going into production any day now.

    I have a deal with the company guaranteeing me "Written By" credit. The WGA, of course, has its own arbitration process. So here are my questions:

    1) *Can* the WGA even award me "Written By" credit, even if they think I deserve it? It was my understanding that the WGA could only award that credit to a guild writer.

    2) If I'm right about #1-- that the guild can't award me "Written By" credit as a non-member-- then the company would, it seems to me, be in breach. Is there any way for them to resolve this situation? Could they get me into the WGA, since I worked on a WGA project (which was a non-guild project at the time I worked on it)? How does this work?

    Before someone tells me "Get a lawyer"-- I have lawyers, but they were not, on the advice of my agents, commissioned on this deal (I was told the deal was so standard that lawyers were unnecessary and would just hold things up-- lesson learned there).

    My reps are dealing with this, but I want to do my own due diligence. I have no reason, at this point, to believe that the production company is sleazy or out to get me. But, of course, it's important for my career that I receive the credit to which I think I'm morally and legally entitled.

    Thanks in advance for any guidance you can give!

  • #2
    Re: WGA question

    So, this would be a good question for Craig Maizin on Scriptnotes.

    There are two possibilities here, and I don't know which one applies.

    In some circumstances, your script would be considered pre-existing literary material, and the credits would read: "Written by WGA guy. Based on a script by AnyOtherName." It's essentially the same as if you had written a novel.

    In other circumstances, the project retroactively becomes a WGA project, and you earn points towards membership based on the terms of your employment. As far as credits are concerned, the WGA treats you *exactly* as they would treat a member. You're guaranteed to get a "Story by" credit and may get more, depending on an arbitration. I think you are also entitled to residuals, etc.

    I think that the second applies - I think the first happens when the project moves to a different company. But I don't know exactly, sorry.

    Comment


    • #3
      Re: WGA question

      So, piping in here.

      Are they a guild signatory? It seems they would have to be, in order to be working with a guild writer. From what I understand, and I could be wrong, but a guild writer can only work with a guild signatory.

      Now, the fact that you are not in the guild, but they are (if we assume) a guild signatory, then it seems entirely probably that you would earn credits toward entering the guild, and you and the other writer are protected by the guild MBA.

      Either way, seems to me, from what you've provided, that the final product is, in fact, based on previous material; that probably means "story by" and possibly, "written by" with an ampersand, should arbitration find in your favor.

      If you can't use your lawyers, yes a lesson learned, then, perhaps your next step is to dive into the WGA's MBA; the answers should be there for the taking.

      As Ronaldinho mentioned, Craig Mazin or John August can probably offer some good insight. You could send them an email and then the rest of us could benefit from their great wisdom.

      best of luck to you.
      "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

      Comment


      • #4
        Re: WGA question

        Thanks, guys.

        @ronaldinho: That was my understanding-- that I could only qualify, via WGA arbitration, for something like "Based on a Screen Story by" credit-- which would, AFAIK, violate my contract, which guarantees "Written By" credit.

        @finalact4: The prodco, like nearly every prodco, has a sig division and a non-sig division (they aren't real "divisions," of course, but otherwise-invisible legal entities). It hires non-WGA writers through the non-sig division and WGA writers via the signatory division. (This, BTW, is why it seems nearly impossible to get in the union-- even huge companies hire non-guild writers via non-signatory divisions.) This project began as a non-WGA project and then, when they hired a guild writer, became a guild project. That's what makes it confusing.

        And sure-- I'll be happy to contact John August and Craig Mazin and hear what they have to say!

        Comment


        • #5
          Re: WGA question

          If this was work for hire and the company was signatory you have earned points towards membership. If they became signatory after you completed your work that might be another situation.

          Either way you should call the Guild. Start with the membership or credits departments. They're happy to talk to anyone member or not, especially if this could make you a member.
          Just my 2 cents, your mileage may vary.

          -Steve Trautmann
          3rd & Fairfax: The WGAW Podcast

          Comment


          • #6
            Re: WGA question

            second calling the guild right away.

            imho it seems likely that by making it a sig project you should be retroactively moved into a position of earning points toward membership which would be based on what kind of writing you were contractually asked to do and how much you earned for doing it.

            how credit would be arbitrated is I think a separate issue. If this is a "series" then it's about the creator credit which is determined when a pilot is picked up to series based on the written material used in the pilot. Whether or not you were in the WGA when you wrote the underlying material doesn't matter, you can still get the credit.

            Comment


            • #7
              Re: WGA question

              Originally posted by jimjimgrande View Post
              second calling the guild right away.

              imho it seems likely that by making it a sig project you should be retroactively moved into a position of earning points toward membership which would be based on what kind of writing you were contractually asked to do and how much you earned for doing it.

              how credit would be arbitrated is I think a separate issue. If this is a "series" then it's about the creator credit which is determined when a pilot is picked up to series based on the written material used in the pilot. Whether or not you were in the WGA when you wrote the underlying material doesn't matter, you can still get the credit.
              Everything that Jim wrote, plus...

              I just got off the phone with the Guild, had called for another issue, the long and the short of it is that the OP (AON) should call the Membership Dept. immediately.

              Also, AON, I sent you a DM with the name of the person in Credits to talk to about your specific situation, but call the Membership Dept. first. There is a very good possibility that your work is Guild covered, and you have earned points towards membership even if the company wasn't signatory when they hired you, because they should have been when they hired the Guild writer for rewrites. Have a copy of your contract ready in PDF form to send them.

              HTH,
              Last edited by KitchonaSteve; 02-09-2017, 03:08 PM. Reason: clarity
              Just my 2 cents, your mileage may vary.

              -Steve Trautmann
              3rd & Fairfax: The WGAW Podcast

              Comment


              • #8
                Re: WGA question

                I replied to Steve via PM, but I wanted to give an update for anyone who may be interested or who may be facing a similar issue:

                I spoke with the Guild, and indeed, as I suspected, because I was hired by the prodco's non-sig division, at the point that the project transferred to the prodco's signatory division, all previous work (that is, everything I wrote) became considered, by the WGA, "source material"-- meaning that the Guild indeed can't award me a "Written By" credit, even if the final product ends up being word-for-word my script (which, to be clear, it won't).

                That presents a legal problem because my contract guarantees me a "Written By" credit. So the prodco can no longer fulfill its contract to me and its deal with the Guild. My reps are exploring ways to make this right-- but it will require the prodco to absorb a little pain in order to make things legally sound. We'll see if they're a good witch or a bad witch.

                Comment


                • #9
                  Re: WGA question

                  Thanks for the update. Yeah, they absolutely should compensate you in some way.

                  Good luck!

                  Comment


                  • #10
                    Re: WGA question

                    The key language in a non-union deal is that you are deemed a professional writer, as that is the designation which insures you will receive full protection under the WGA if the project is subsequently assigned to a WGA signatory, even if you are non-union.

                    I'm assuming your contract doesn't have that language, otherwise your reps would've noted it and put this issue to bed, so you may in fact be at the mercy of the prodco to do the right thing. Good luck!

                    Comment


                    • #11
                      Re: WGA question

                      Originally posted by AnyOtherName View Post
                      I spoke with the Guild, and indeed, as I suspected, because I was hired by the prodco's non-sig division, at the point that the project transferred to the prodco's signatory division, all previous work (that is, everything I wrote) became considered, by the WGA, "source material"-- meaning that the Guild indeed can't award me a "Written By" credit, even if the final product ends up being word-for-word my script (which, to be clear, it won't).
                      Sorry. That's a stupid rule. I know you said it won't be word for word the same script (but apparently it could be) and this WGA "rule" would give the production company legal cover to screw the actual writer out of his or her credit. Also the WGA is screwing themselves out of a potential dues paying member.

                      I'm having trouble figuring out how that rule is looking out for the interests of screenwriters.
                      "I just couldn't live in a world without me."

                      Comment


                      • #12
                        Re: WGA question

                        Originally posted by StoryWriter View Post
                        I'm having trouble figuring out how that rule is looking out for the interests of screenwriters.
                        It sounds like they're exploiting a loophole in the rules. There have to be provisions for companies acquiring material from other companies that don't retroactively encumber the script unacceptably - but you shouldn't be able to use passing a script between the two arms of the same parent company to do that.

                        Comment


                        • #13
                          Re: WGA question

                          Originally posted by Ronaldinho View Post
                          It sounds like they're exploiting a loophole in the rules. There have to be provisions for companies acquiring material from other companies that don't retroactively encumber the script unacceptably - but you shouldn't be able to use passing a script between the two arms of the same parent company to do that.
                          Thanks for the discussion and the support, guys. Let me just clear up a couple of things, to the extent that this is of general interest:

                          My understanding is that one company can't acquire a script from another company without also acquiring the burdens and obligations attached to that script (if they could, imagine the horrifying possibilities).

                          So to be clear, from the information I've gathered, it doesn't seem that the company discovered a "loophole" or that they have "legal cover" for denying me the agreed-upon credit. They've simply put themselves in an untenable legal position, where they're either breaching one contract or another. To make things right and clean up the chain-of-title, they'd have to modify my original contract in some mutually-agreed-upon way.

                          I'm "at their mercy" only in the sense that they could always decide to just breach my contract and hope that I won't sue. Which sadly happens all the time. But then, any company can always do that at any time.

                          And NoNeckJoe is right about the "Professional Writer" language. I'll never sign another deal without it.

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                          • #14
                            Re: WGA question

                            Pretty good article about writing credits.
                            Just my 2 cents, your mileage may vary.

                            -Steve Trautmann
                            3rd & Fairfax: The WGAW Podcast

                            Comment


                            • #15
                              Re: WGA question

                              Hey guys,

                              On the off chance that my story had relevance to anyone else, I wanted to let you know that it ultimately had a happy ending. The production company retroactively made this a guild deal and agreed to pay me an additional fee for any episode on which I didn't receive credit. It looks, however, like I'll actually be credited on every episode and will thus get my 24 points.

                              Ultimately, everyone (my reps, their business affairs people) handled this well and found a solution that was mutually satisfactory. Nice when that happens, huh?

                              Thanks for your help and guidance, DDPers! Your advice and support made a material difference.

                              Comment

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