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THE WRITERS GUILD OF AMERICA
WHAT IS THE WRITERS GUILD OF AMERICA?
The Writers Guild of America, more commonly know by insiders as the WGA, is the main union for television and screenwriters. It is one of the three largest creative unions, including the DGA (Directors Guild of America) and SAG (Screen Actors Guild), in the entertainment industry.
The WGA is broken down into two branches: (1) WGA East, headquartered in New York, is for writers living east of the Mississippi and (2) WGA West, in Los Angeles, is for members living west of the Mississippi.
You should regularly make it a habit to log onto their web site (www.wga.org). It is filled with useful articles about writing. Sometimes they even have competitions where they try to pair new writers up with producers or with agents. At the very least, you will be incredibly current with what is going on in the industry regarding writers and/or writing.
HOW DO YOU BECOME A MEMBER?
There are very strict rules for getting into the WGA. I could not begin to explain them here, so instead I will refer you to the Writers Guild web site at www.wga.org. I can tell you, however, that to get in, there is a specifically defined credit system, and you must have accumulated 24 units of credit in the past three years. After you have met this requirement, you must then pay a one-time registration fee of $2500. Once you are a member, you will be assessed dues on a quarterly basis, which are based on how much money you have earned as a writer. This seems to be a fair way to do it, as writers who have pulled in mega salaries pay more than writers who are out of work.
If you want to work as a TV writer, eventually you will have to join the WGA. It isn’t the kind of thing that you can opt in or out of. Networks and studios are signatories to the Guild — meaning they agree to hire only union writers. There are requirements set in stone as to when you must join, based on the amount of material you have sold. (Again, check out the WGA web site for the exact rules and regulations.) Most writers are eager to get their WGA card. It’s really a terrific feeling to know that you belong to the same union as writers like Larry David, J.J. Abrams, Shonda Rhimes, etc.
Still, every once in a while there is a writer who, for whatever reason, doesn’t feel like joining. Rest assured, they will find you. Every show sends a copy of the writing credits to the WGA. The WGA keeps track of exactly what you have written. When you hit the point where you absolutely must join, they will send the show a letter, explaining that you are not a union member, and that you must join immediately or the show will be in violation of their agreement with the Guild. In this case, the show will tell you to join the Guild or else they will take away the assignment. No studio or network is going to risk being in violation of the WGA agreement for one writer…most especially a new writer.
KEY THINGS THE WGA CAN DO FOR YOU
The most important thing the Guild does is to protect the interests of writers. If it weren’t for the Guild, there would be no rules for how producers treated writers or even paid writers. The WGA has an agreement in place with producers, which spells out the rules. In the event producers break those rules, the Guild will go after them on your behalf.
To give you an example: say you have written a show that is in syndication. You are owed residuals. The Guild keeps track of what writers are owed. If you feel that you have not been paid a residual that is due you, you can call the Guild. They will look up the information for you. If it turns out that you are right, that a studio hasn’t paid you, the Guild will send a letter demanding payment. But, before they do, they will look for other writers on the show who likely haven’t been paid either. The demand letter will go out with several writers’ names on it. This is to keep you from having a black mark against your name by a particular studio. If the studio doesn’t pay (although they usually will), the Guild can then assess interest and penalties. In the event that this doesn’t work, they can take legal action. Now, imagine if you tried to do all of this on your own. The studio would probably ignore you, and if you wanted to sue, you’d have to hire a lawyer, which might end up costing more than the amount you are owed.
The Writers Guild also offers a pension plan and a health plan. There are set rules in place for eligibility, in both of these areas.
HOW RESIDUALS WORK
Residuals are also a bit complicated. You should once again refer to the Writers Guild web site for a complete understanding of how residuals work. But here is an overall view.
Once a show has gone into syndication, there are certain target markets across the country in terms of residuals. So, let’s say that you wrote an episode of Two and a Half Men that airs in Philadelphia on September 13. You would be owed a residual. From that point, any of the rest of the target markets can air your show once and you do not get any additional money. However, the minute one of the markets airs your episode for the second time, you are owed another residual. So, basically one run means that it can play throughout all of the markets once.
There are separate rules for residuals in cable television and for foreign markets. You can consult the Guild’s web site to get the specifics.
WHAT IS ARBITRATION?
When two (or more) writers have worked on the same script, arbitration may be necessary to determine who gets what in terms of writing credits. When this happens, both drafts of the script are submitted to the Guild without names on the covers. Three members of the Guild (meaning actual writers or producers) will read each draft and decide how the credit should be divided. In television, the credit is often split between the writers. On occasion, one might be given story credit, while the other is given tel-eplay credit. Usually producers on a show won’t arbitrate freelance writers, but they certainly can if they feel the writer didn’t contribute anything. Arbitration can get uncomfortable when it happens between two writers on the same show. It doesn’t happen a lot, but it does happen.
IN THE EVENT OF A WRITERS’ STRIKE
In the late 1980s, the WGA went out on strike. It was nasty and lasted about six months. Programming was shut down; people were put out of work — and not just writers. The strike affected everyone employed in the industry, from actors to assistants. Many people lost homes and faced financial ruin. During that time, the producers talked about hiring scabs to write shows so that they could get back into production. There were some unproduced writers who saw this as an opportunity. All I can say is…bad idea.
In the event of a writers’ strike, the last thing you want to do is cross a picket line. The writers who have walked off their jobs are fighting to get better working conditions for all writers, and that includes you. When you are eligible to join the Guild, you will reap the benefits that your fellow writers have risked everything for. To swoop in and take their jobs is just plain uncool. It also won’t get you very far. Before you know it, the strike will be settled and writers will go back to work. The producers will likely dump you in a heartbeat in exchange for a union writer. And it’s not as though your fellow writers at the Guild will be looking for you to join any time soon; no way are they going to count work that was done by scabbing during a strike toward your Guild credits.
A smarter idea is to call the Guild and see if they need any volunteers for making signs or other things of that nature. You might even meet some writers and make some connections.
HOW TO PROTECT YOUR WORK
You should never send your work out without some kind of proof that it is legally yours and the date that it was written. While there is no foolproof way to guarantee that your work will not be stolen (besides not putting it out in the first place), there are a couple of ways that you can protect yourself should you find yourself in this unenviable position. Most writers register their scripts/treatments with the WGA. This service is available to you even if you are not a member of the Guild. The cost for nonmembers is $20. You can register your material either by mail, the Internet, or in person. The registration is good for five years and is renewable. The purpose of registering your script is to provide a dated, legal record of when the work was done; should there be litigation, the Guild can provide your registration as evidence.
Another way to protect your work is to copyright the material. For more information on this method, log onto the web site of the United States Copyright Office at www.copyright.gov. Copywriting your work when applicable is probably the more legally sound way to go. That said…most writers register their work with the Guild.
MISCELLANEOUS GUILD BENEFITS
The WGA has a lot to offer. Much of it is for members only, but there are some things you don’t have to be a member to take advantage of. I highly recommend that you visit their web site often. They have a mentor program that allows you to ask questions of members who have volunteered to mentor young writers. They have a trainee program that you may also want to look into. If you live in New York or Los Angeles, there are numerous events that the Guild sponsors that you don’t have to be a member in order to attend. Take advantage of all of this. You have to start meeting and hanging out with writers. You never know where it might lead.