Why Won't The WGA Let A Soon-To-Be Signatory Pay Me?
Q: I’m in the WGA, and a company that isn’t signatory to the MBA wants to hire me. They’ve agreed to become signatories, and they’ve handed me the commencement checks. I’ve done everything right, but the union is saying that because they are a “new production entity,” they need extra assurances. That’s nice, but in the meantime, all I know is my own union is keeping me from cashing a check. What gives?
A: First off, full disclosure. I’ve composed this question myself from some similar ones I’ve received.
When a company applies to become signatory to the MBA, they have to show that they will be able to meet their obligations under the MBA—current and future.
The only way to do that with new production entities (the kind that aren’t owned by the likes of Paramount or NBC) is to require them to show collateral. If they have enough assets to cover their future obligations to pay residuals, for instance, their application to become signatory will be viewed far more favorably than if they do not.
Let’s say they don’t…or as is more often the case, let’s say they simply don’t want to open their books up to the Guild.
If the Guild allows them to become signatory so that a given writer can finally cash that check they desperately need, then the union hasn’t just relaxed the rules for that writer. It has essentially opened the entire membership up to this company, and if this company is predatory or unethical, the Guild will have failed in one of its primary responsibilities.
The Guild may seem like the heavy here, but the truth is that there are hundreds of signatory companies, and many of them are small. Obviously it’s not impossible to become a signatory. If the applicant company is refusing to show proof of their worth, maybe there’s a reason they ought not be trusted. I am extremely sympathetic to writers who want (and need) to cash those checks. Alas, if the company won’t meet the basic standards of our industry, then the writer cannot accept the money.
Question/Scenario: I’m a WGA member. I have a feature script. As an added sales tool, I want to produce/direct a short film “trailer” for the screenplay using clips from the feature script. The short film is expected to be just 5 minutes long, but could be as much as 30 minutes, in a kind of featurette. It’s my script, unsold, but is partially produced in order to showcase for non-readers (or thick skulls) the theme of the story.
What are the Guild policies, if any around this situation? Would I as the member be admonished for this practice?
Eric:
I can’t imagine why this would be a problem. If I understand the question, you have authored an original work, and you are preparing a derivative work from that original work. That’s your moral and legal right as the owner of the work.
The Guild, as a labor union, is solely concerned with employment. Since no one has been employed and no works have been sold and defined as “works for hire,” I see no reason for any concern on your part.
Go shoot!