The Writers Guild of America, known as the WGA, is a labor union that represents writers in television, film and new media. Because the WGA negotiates collective bargaining agreements with studios and has secured many benefits, including guaranteed minimum salaries, residuals, writing credits, pensions and health plans, professional writers tend to benefit by being members of this union. On the other hand, a WGA writer is generally prohibited from selling their screenplay to, or otherwise working with, a company that is not a signatory.
For producers, becoming a WGA signatory can impose certain requirements that may not otherwise arise. Still, because many professional writers are WGA members, producers often become WGA signatories in order to work with the union’s talented writers.
Let’s walk through some requirements that producers and others who are considering hiring a WGA writer should know.
Becoming a WGA Signatory
First, if you plan to hire a WGA writer, you or your production company must formally agree to the terms the WGA has negotiated and become a “signatory” to the WGA Minimum Basic Agreement (although there are some limited exceptions to this rule). To become a signatory, your company must complete an application, send it in with a draft of the proposed contract between your company and the writer you intend to hire, sign guarantees insuring guild members will be paid their agreed compensation, and receive a signed Letter of Adherence back from the WGA. If your application is approved by the WGA, then you have official signatory status, and you are bound by the terms of the Minimum Basic Agreement.
Restrictions on WGA Signatories
Once your company achieves signatory status, you must adhere to the rules and regulations of the WGA.
Notably, WGA signatory companies must comply with the following:
- Even after you become a signatory, you may still hire writers who are not members of the WGA. After all, being hired by a signatory is one way that a writer can become a member of the WGA.
- Your company must not pay writers (whether or not the writer is a member of the WGA) less than the minimum compensation under the WGA Minimum Basic Agreement. As of this posting, the WGA Basic Agreement is current through May 1, 2023.
- Your company is required to make pension and health contributions on behalf of the writers you hire. As of this blog posting, under the current Agreement, companies must make pension contributions at a rate of 9.75% – 11.25% of the compensation paid; health contributions at a rate of 11.5% of the compensation paid; and parental leave contributions at a rate of 0.5% of the compensation paid.
- Your company must credit the writers appropriately. The WGA must approve your proposed on-screen credits before publication. Schedule A of the Basic Agreement governs the precise requirements for “Written by,” “Screenplay by,” “Story by,” “Adaptation by” or “Screen Story by” credit eligibility.
Your company will retain its WGA signatory status for the term of the Minimum Basic Agreement, which is typically a one-year period. There are additional requirements that WGA signatories should consider with an experienced entertainment attorney.
Contact Us
If your company needs assistance to move forward with a WGA writer, our firm can help. Contact a member of our team for more information.
Contributions to this blog by Perry Santos.
