Why is joining the WGA mandatory?
Why is it mandatory that you have to join the WGA when you sell a script? Why can’t you just go on about doing your own thing?
– Ethan Gentzsch
Because if it weren’t mandatory, studios would pressure writers not to join.
That seems like too simple of an answer, but it makes sense if you think it through. Let’s say a studio reads a script it wants to buy. The writer isn’t a member of the WGA. If the writer weren’t required to join the union, the studio could save a lot of money and hassle.
- It could pay less than minimums.
- It wouldn’t have to pay into the health plan.
- It wouldn’t have to pay into the pension plan.
- It wouldn’t have to pay residuals.
- It could decide which name would be listed for “written by.”
Given these advantages, a studio would certainly prefer if the writer weren’t WGA, and could make purchase of the script contingent on the writer agreeing not to join the WGA.1
If it were optional, the studio would make sure you didn’t take that option. So making it mandatory protects incoming writers as much as established writers.
Ted Elliott and Craig Mazin are always the guys with the most thorough answers regarding anything involving entertainment guild law, so I won’t be surprised if they answer this same question better over at Artful Writer. But I’m here and handy, so I can least talk you through the exceptions.
There are some studios and production companies that are not signatories to the WGA. They can only hire non-WGA writers. I know some fledgling writers who’ve written entire scripts for $5,000 — which might be okay given their needs and goals. Likewise, feature animation is not typically covered by the guild, including the animated projects I’ve written (Titan A.E. and Corpse Bride). As a WGA writer, I’m allowed to work on them, but I don’t get any of the benefits of the guild, such as residuals.
While you can’t choose whether to join the WGA, a screenwriter can choose to effectively quit the guild by going fi-core. “Financial Core” status means you’re freed of most of the obligations of membership, but also lose your vote, and frankly the goodwill of many fellow writers. It’s very rare someone chooses to go fi-core, and usually involves hyphenates (writer-directors, writer-producers) who chafe against rules or decisions.
As far as “doing your own thing,” it’s important to understand that writers can choose to work completely outside the system. Many of the films at Sundance are written by writers with no connection to Hollywood or the WGA. The Guild has indie contracts that can offer some protections, but they’re optional. Likewise, international productions are largely outside the auspices of guilds and unions. But in my experience, when I meet international screenwriters they’re always wishing they could have an organization with the clout of the WGA. It’s very hard for a single screenwriter to achieve meaningful leverage with employers.
- I’m certain this is illegal under labor law, but we’re playing hypotheticals here. ↩
Articles
January 8th, 2009 at 7:34 am
Great advice, Mr. August. After the WGA strike, I believe that in order to be a screenwriter and survive in the entertainment industry, you have to have the union to watch your back. I’ve written nine screenplays, and currently working on my tenth.
January 8th, 2009 at 9:32 am
Technically it would be a violation of the National Labor Relations act for an employer to consider an employee’s union status as a condition of employment.
An employer who is a Guild Signatory or an employer who is a non-Guild Signatory both cannot demand that an employee either join a union or not join a union. In non “right to work” states an employer CAN insist that an employee pay minimum dues to the union (by going “financial core”). The reason an employer would do that is because their contract with a union stipulates they must (and such stipulations are typically void in “right-to-work” states).
Also, typically, employees who are not members of a union are still protected by the contract the union has set up with the employer. Therefore an employer could not, for instance, pay the employee less than “prevailing wage” simply because they aren’t a member of the union. The contract typically covers ALL the workers doing the same work. I don’t know if the WGA contract works this way however.
January 8th, 2009 at 10:25 am
Thank you for reminding people that screenwriters need leverage and that leverage comes from the WGA, directly or indirectly. Having grown up in a factory town, I learned to support unions. I picketed with the WGA even though I am not yet a member. I was able to meet local members and I got a WGA baseball cap. I wish that the WGA provided an apprentice program so that screenwriters could take advantage of that leverage before selling a first screenplay. At the Northwest Screenwriters Guild in Seattle, anyone can become an Associate member. Associate members then have one of their screenplays reviewed and are then allowed a Guild membership. It would be great if the WGA provided this first two steps. It would increase their membership, leverage, and insurance pool.
January 8th, 2009 at 11:27 am
To Andrew Bellware, IF the company is a WGA-signatory, then it must abide by the Guild’s terms for all writers it hires, whether they’re members or not. However, many companies/corporations (including the majors) have several “sub-companies” (my term), some of which are signatory and some of which are not. They pick and choose which project is done under which company, so that they can abide whichever rules they like.
To Mark Martino, I suspect the Northwest Screenwriters Guild is a fraternal organization, not a union. (While “guild” is frequently used to mean any collective of people working in similar fashion, Guild and Union are synonymous terms in labor; technically they’re both Collective Bargaining Agents under US labor law.) Unions — at least unions like the WGA — require professional status for full membership. Being a good writer isn’t enough; someone has to pay you for it. (Some straight lines are too easy; don’t bother picking it up.)
January 9th, 2009 at 1:32 am
I’m the one who asked the original question (among others). I would think that a writer could simply ask a studio/production company they’re negotiating a contract with to be paid the minimum or more, pay into the health and pension plan, get residuals, and demand that they receive credit and/or be the only writer who works on the project. Regarding Craig Miller’s statement, if a company is a WGA-signatory and would have to abide by the Guild’s terms even if a writer is a member or not, then I also would think that a writer could get away with requesting all the above knowing full well the company has to do it. If they’re not sure if they’re a signatory, they could just ask. And if they’re not, well then they had better have a really good entertainment attorney and/or written a really great script that’s had a bidding war start over it that would allow them the extra leverage.
January 13th, 2009 at 1:45 am
Interesting reading. Thank you for telling me about this.
Here comes a question: Writers that are not American citizens, like myself, how do they benefit from the health plan and the pension plan?
January 14th, 2009 at 10:28 am
I recently optioned a script for an American company and am not an American resident or citizen. I am not a member of the guild.
If the script is finally sold, is it still mandatory for me to join the WGA? Even not being American? In the option time, is it safe to not be a member?
February 4th, 2009 at 7:33 pm
John,
This was an excellent read. I have a question concerning membership when it comes to the WGA West and the WGA East. I’m relocating to New York in a few months, and eventually I plan on joining the WGA. My question is this: will I be able to register for the WGA East and still get all the benefits of the WGA West, or will I be required to join both guilds? If so, where and how? I’d really appreciate all the information you could supply. Thanks.
February 4th, 2009 at 8:04 pm
@Garrett: Joining either WGA East or West works out the same. I don’t pretend to really understand it, but you only join one, and it’s the same as joining both. Just join the one on your coast.
February 4th, 2009 at 8:13 pm
John,
Wonderful! I greatly appreciate your advice. I only asked because others that I talked to had expressed bad experiences (in order to join the WGA East, you are required to join the WGA West as well, etc.). So I assume that after joining the WGA East, I’ll still be able to work with studios and producers on the West? Also, I’ve searched the WGA East website and I can’t seem to find where to sign up (when the time comes). Could you supply me with a link? Many thanks.
Garrett
March 1st, 2009 at 8:28 pm
I personally don’t understand why it is mandated that you join the union, AFTER you sell a script. I mean isn’t that kind of a racket? Why is it that when I couldn’t sell anything, I wasn’t able to join for the benifits, but now that I’ve sold a script, and made some decent money, I have to pick up slack for others. I personally think that it’s a big scam. Sure it works for the people who can’t sell anything, but just because you consider yourself a writer, doesn’t mean that you’re good, and it sure as hell doesn’t mean I have to pay for your insurance with a cut from my salary.
March 1st, 2009 at 10:19 pm
@Jake:
You wouldn’t get residuals, pension or health plan without joining the WGA. The studio could choose to list any name it wanted to “written by.” These are fundamental protections you’re getting by being WGA, and they’re worth so much that a studio would never give them to some guy who wrote a spec — unless they had to.
You can’t join the WGA (as a full member) until you’re a working writer for the same reason you can’t join the airline pilots’ union. It’s not for hobbyists and aspirants. It’s a federally recognized labor organization.