So a buddy of mine has a great idea for a television show, film, etc… but unlike me he has zero talent in terms of writing a script. So what does my buddy do- oh wait I forgot to tell you my buddy is a famous producer- so what does he do, he says to me he says “hey buddy, why don’t you write this for me on spec?” “Then you can write on the show when I sell it”.
How common is this? Happens everyday- partly because the WGA MBA is really long and writers like to write not read the MBA.
So now Mr. WGA writer here’s the question, can you do this? Well of course you can, but are you gonna get smacked for it by the WGA, of course you are. What we are speaking of here is Working Rule 6, which states
“No member shall contract for employment with any producer under terms less favorable than those set forth in the applicable Minimum Basic Agreements. Violation of this rule shall subject the member to disciplinary action and a fine of up to $2,000, or on flat deals where the amount of money involved exceeds $2,000, a fine of not more than 100% of the amount received for such writing. NOTE: If you are working at the minimum on any assignment, check with the Guild office for further particulars as to the applicable provisions of the Minimum Basic Agreements.“
It might not be obvious- but working on spec is working on terms less favorable than those set forth in the applicable MBA. Please note that the punishment for violation of Working Rule 6 can be harsh. 1. Fine up to $2000 or if the money involved exceeds $2000 then 100% of the amount received. By golly that stings.
So what is the moral of our story- If you are a WGA member, then work for at least the MBA minimum or be prepared to be made an example of.
This is pretty simplified, and if you are in this situation you should call me.
The information provided here is intended to provide general information and does not constitute legal advice. You should not act or rely on such information without seeking the advice of an attorney and receiving counsel based on your particular facts and circumstances. Many of the legal principles mentioned might be subject to exceptions and qualifications, which are not necessarily noted. Furthermore, laws are subject to change and vary by jurisdiction.
This article reposted from sasik|moon, a legal blog about Entertainment, Business and surviving in Hollywood
Partner of the legal firm sasik|moon, Pawel Sasik is an attorney specializing in entertainment and technology. Pawel has consulted on various multi-million technology development projects ranging in scope from entertainment / social media to professional practice facilitation tools. Some of his projects include, the enterprise grade litigation and transactional tools from RealPractice™ and the social entertainment website yoostar.com™. Pawel’s understanding of technology and law has allowed him to focus on assisting film makers produce and distribute their films through traditional and non-traditional methods. A native of Poland Pawel is fluent in Polish. Pawel holds a Juris Doctorate degree from Loyola Law School Los Angeles and business and music degrees from the University of Southern California and can be often found strumming the guitar or writing a script for relaxation.
