These benefits would have to be contingent upon receipt of WGA-determined credit and be made applicable to sole credit or to all credited writers if credit is shared. Even in the case of credits, however, writers may negotiate more prominent treatment of their writing credits in advertising and publicity than that afforded by the MBA. The only exception is the receipt of writing credits, which must be determined according to the MBA and Credits Manuals (MBA Article 8, Credits Schedules and the Guild Credits Manuals). In all cases, the Guild agreement is considered part of a writer's deal by operation of labor law and the terms of the MBA itself.Īs mentioned above, you can freely negotiate provisions that improve on the Guild-wide minimum terms (MBA Article 9). The MBA is more than 400 pages long, so it is usually incorporated into your individual contract by reference. These are the provisions of the Guild agreement, usually the MBA. When this occurs, company lawyers will propose a number of provisions to protect the company, and the writer's representative will propose many provisions favoring the writer.Īdditionally, hundreds of provisions that protect the writer are incorporated in the individual contract. The Individual Contract-Above and Beyond the MBAĮvery time a writer is hired, sells, licenses or options literary material, a deal memo or contract should be drafted to cover the deal. Differences pertaining to creative rights are noted elsewhere on this page. They are commonly referred to as the "AMPTP MBA" and the "Network MBA." These agreements are identical, but for a small number of provisions. Copies of the MBA are available from the Guild. Nothing in the Guild contract can be undercut by an individual contract, but anything (except a guarantee to receive a credit) can be improved. The contract serves as the basis for each individual writer's contract. This contract is the industry-wide agreement that sets the minimum terms for options and purchases of literary material from writers and for the employment of writers to write theatrical motion pictures and television programs. The collective bargaining agreement that covers most work done by Guild members is the Writers Guild of America Theatrical and Television Basic Agreement, also known as the Minimum Basic Agreement, or MBA. The contract language should be consulted where greater detail is desired or in the case of an ambiguity. All such references are to the Writers Guild Theatrical and Television Basic Agreement unless otherwise indicated. Throughout this page, the Guild contract provision that grants each right is noted in parentheses for reference. The Guild collective bargaining agreement is the foundation upon which each writer's individual contract for a specific project is built. This working rule ensures that all Guild-covered writers are protected by the provisions of a Guild agreement when they work and that the Guild will then be able to enforce their rights, if violated. Writers Guild members are bound by Working Rule 8, which requires members to work for and sell or option literary material only to companies that have signed a collective bargaining agreement with the Guild. In that collaborative spirit, these creative rights are published it is in that spirit that these creative rights can be fully realized.Ī writer's rights are created and protected by the contract that governs his or her work. When a finished theatrical motion picture or television program realizes its creative intent, that success is the fruit of collaboration. The best experiences come from projects where all participants-writers, directors, actors, producers, executives and others-respect and welcome the participation of the others. Also given are examples of "overscale" creative rights provisions, which the writer and his or her agent should consider negotiating in the writer's individual contract.Īlthough the rights described here are contractual rights, enforceable by arbitration in most cases, legally enforced creative rights on their own are unlikely to yield the richest and most rewarding creative experiences. This summary can serve as a practical guide to a writer's creative rights established through collective bargaining between the WGA and production companies. This summary describes the creative provisions of the agreement in some detail, but the actual Guild contract governs in the case of a dispute. The information which follows represents a plain-English outline of the creative rights preserved for writers of film and television in the Writers Guild of America Theatrical and Television Basic Agreement. Securing creative rights for writers was a fundamental goal of the Screen Writers Guild at its founding in 1933 and continues as a prime element of the Writers Guild agenda. The Latest WGA Provisions and Overscale Suggestions Screenplays of the 21st Century (so far).Discrimination in Hiring & Representation.
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