Search Results for: residuals

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. ((I’m certain this is illegal under labor law, but we’re playing hypotheticals here.))

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](http://www.imdb.com/name/nm0254645/) and [Craig Mazin](http://www.imdb.com/name/nm0563301/) 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](http://artfulwriter.com). 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.

How do you go about using a pseudonym? My name doesn’t particularly stand out, and I’ve been using a pseudonym I really like while blogging. I’d like to use this as I submit scripts to contests/fellowships/agencies, but I’m not sure of the legalities of doing such. I don’t want to legally change my name — just write under a pen name.

How would I go about doing this, but still receive credit for what I write? How would I make authorship clear on applications/registrations?

— Phillip
Salt Lake City, Utah

Your email included your full name, and I disagree — your last name is straightforward, easy to pronounce and easy to remember. But if you decide you want to use a pseudonym, there’s nothing stopping you.

For now, just use your chosen pseudonym on your scripts. You’ll need to use your real, legal name on contracts and registrations, but for casual purposes, your nom-de-plume is fine. It’s only when people start paying you actual money that you’ll need to address the legitimacy of your pseudonym.

The WGA determines how names appear on screen, and the [rules are pretty specific](http://www.wga.org/subpage_writersresources.aspx?id=71):

PSEUDONYM
19. A writer must use his/her own name in all writing credits unless he/she has already established a pseudonym or registers one at the Guild office before commencement of employment on a writing assignment, or before disposition of any rights to literary material on which he/she wishes to use such pseudonym.

Here’s what this means in practical terms. At some point, you’ll get a job writing for a WGA signatory company (any of the studios or major producers) and will be required to join the WGA. When you do, there will be forms to fill out, including a place for your pseudonym. You better be sure it’s the name you want to use for the next 30 years.

There’s one special case that sometimes comes up. A writer has the [right to use a pseudonym](http://www.wga.org/uploadedFiles/writers_resources/creative_rights/creative-rights.pdf) if she receives credit on a movie, but don’t really want her name associated with it.

> Credited writers of theatrical motion pictures are guaranteed the right to use a “reasonable” pseudonym if the request is made within five business days after credits are final and if the writer was paid less than $200,000 for writing services on the movie. ((The $200K threshold seems arbitrary, but it’s a demand from the studios. If they’re paying a writer that much, they want to be able to use his or her name and credits for marketing purposes.))

In this situation, you’d still get residuals and all the other protections from being a credited writer, but you wouldn’t have to claim public ownership of a movie that went horribly awry.

It’s important to remember that using a pseudonym is different than legally changing your name. That’s what I did in 1992 before moving to California. My original last name flummoxed everyone, so I went to court in order to swap it with my father’s middle name. It was a massive hassle, but in the long run, it’s worked much better to have one name in both public and personal life.