QUESTION FOR FILMTVLAW.COM:
I’m getting all kinds of mixed messages about the WGA writers strike and I thought maybe a lawyer would be the perfect person to ask about this stuff. I’m not WGA (wish I could be some day 😊) and am a big fan of the guilds, but isn’t there anything I can do as a producer/writer during this strike? Seems like the trades are saying no way, but I know guys that tell me, “If you’re not WGA, don’t sweat it.” Who’s right?
ANSWER BY BRANDON BLAKE, ENTERTAINMENT LAWYER:
Thanks for a great question about the 2023 WGA strike. I usually try not to write articles about short term news items, but since the writers strike is so important to the American entertainment business - and we don’t know how long it could last - I decided to chip in with some analysis about the dos and don’ts of pitching during the Writers Guild Strike.
First off, I want to say that I’m a big supporter of the WGA and of all the Guilds in Hollywood, which have done a great job of broadening participation in the film and television business – benefiting everyone working in the industry, not just Guild members. My comments are coming from a place of support for the WGA, while also wanting to see the US film and TV business thrive and compete internationally in the coming years.
The Writers Guild of America Strike of 2023 comes at a difficult time for showrunners and producers, because right now should have been the official start of pitching season for television. While we don’t know how long the strike will last, we do know that we will end up with a very compressed pitching season in 2023 that will be very active as soon as the strike ends.
But what about before the WGA strike ends? The fact is that, while US scripted television development is very important to the entertainment business, there is literally a whole world of entertainment work going on - in multiple fields - in countries around the world. The strike is only impacting a small (but important) element of it.
In addition to this article, I share more than a hundred in-depth entertainment industry articles on my website at www.filmtvlaw.com/entertainment-lawyer-qa. Please also check out my bio at www.imdb.me/brandonblake.
Navigating the 2023 WGA Writer’s Strike
An International Perspective
The first thing to remember is that the Writer’s Guild strike is an American phenomenon. The global entertainment industry is moving on, such as the very successful Cannes Film Festival this year in France. Across the UK, the EU, Middle East, Asia, Africa and Latin America, film and television is being written, produced and distributed.
If you are an internationally based writer or producer, this strike might have a very limited impact on your activities. The businesses in your home country might be unaffected. Right now, international markets are still full-steam ahead. If the writers strike continues, international writers and producers might see new market potential in the US. That is a reality of the global nature of film and television. The next “Squid Game” is on its way, strike or no strike.
A Legal Perspective
As an entertainment attorney, I also want to address the legal requirements that face writers, producers and distributors during the strike. The Writers Guild strike affects what are called the “signatories” to the WGA Basic Agreement. Signatories include writers, production companies, and distributors that sign on to the WGA contract, as well as some talent agencies and management companies that sign with the WGA to be able to represent WGA writers.
This is a rarified space, with several hundred active production companies effected, as well as all WGA writers and many of the top agencies in the United States. These companies represent the top of the American film and television industry. If you are one of the members of this club, congratulations! You made it, but the strike is going to be a cost of being in this exclusive club.
Any television writers, producers, production companies, agents or managers in the United States that are NOT WGA signatories have no legally binding obligation to recognize the strike.
However, mind that I said legal obligation. There is, however, a moral obligation to stand with those you believe are in the right. That is why some Screen Actors Guild members - and even people who are not in any guild at all - are joining in the strike, picketing on the lines because they feel it is the right thing to do.
Blacklisting
But what about the WGA’s overt threat to blacklist writers who cross picket lines in the United States? Can the WGA ban writers from joining, or take away membership from current WGA members if they break Guild rules?
With regard to WGA members who have signed up with the Writer’s Guild, the answer is yes. The Writers Guild of America can remove you as a member of the Guild, take away your pension and other benefits, and ban you from joining again in the future.
Once a WGA member is no longer part of the Guild, the WGA can also designate that signatory companies cannot work with that member in the future. But if a writer is not already a member of the WGA, the same rules apply. Regardless of whether a non-WGA writer honors the picket lines, a non-WGA writer still cannot work as a writer for a WGA signatory company. So non-WGA writers are barred from work either way.
However, there is always hope of a future membership in the WGA. That’s no small dream for many writers who would like to join that exclusive club. While it is legally a gray area whether or not the WGA can maintain a blacklist against non-WGA writers - case law will vary from state to state - there is no secret that the Writers Guild threatens to blacklist any non-WGA writer that crosses the picket line.
While that is not a place that any aspiring writer wants to get close to entering, the question becomes, “In a digital age, and a global entertainment industry, what exactly are ‘picket lines’?”
Virtual Picket Lines
The idea of picket lines during strikes comes from colorful imagery of the early 20th century, where workers would literally have to cross a line made by strikers that would encircle the factory being struck. The message from the early unions was simple: cross that line of strikers - The Picket Line - and you are going to face trouble, anything from getting physically beat up by the strikers, to being forced out of town as a “scab” when the strike was over.
But the era of COVID showed that nobody ever has to go anywhere physically anymore. Does a Zoom call “cross picket lines?” What about an email or text message? The answer varies, depending on what that zoom, email, or text contains.
In a large part, today picket lines are symbolic. Getting writers (and actors and other tradespeople) out in front of a studio gets headlines, shows commuters something is going on, and helps to spread the word that the Guild believes writers are being treated unfairly. While trucks ARE being turned around – and productions shut down – by 2023 WGA picket lines, it is not as much of a physical barrier to entry for everyone involved as it once was. Scripts aren’t delivered by hand anymore. Pitches aren’t done in person. That’s all online, with no picket line in the way.
So how, then, does a non-WGA writer honor a picket line which might only exist as a ten second clip on the local news or a photo in the trades?
For those non-WGA writers who do want to honor the picket lines – which makes up all of my non-Guild clients… and probably the vast majority of American writers – the best way to honor the WGA Writer’s Strike is by not taking or soliciting writing work from WGA signatory companies, including by texts, emails, or zooms.
I can tell you that, as a practical matter, American production companies in live-action film and television who are WGA signatories are not actively seeking to hire screenwriters right now, because their development slates are all on hold while they determine how long the strike will go and where advertisers and audiences will be at an unknown point in the future.
Dos and Don’ts of the 2023 WGA Writers Strike
Since so many are asking – and since the question seems so nebulous in some areas, I am offering a suggested list of dos and don’ts. This is not legal advice. They’re guidelines offered for informational purposes to any writer who wants to honor the spirit of the WGA Strike, but also doesn’t want to sit by idly while other writers are out there securing their place in the future pitching lineup.
These considerations are primarily written for non-WGA members, since WGA members can ask their local leaders about what is right to do during the strike.
WGA Members – Ask the Guild for guidance but, without any doubt, pursuing writing work from – or being hired by – WGA-signatory production companies and studios is out of the question. Pitching existing scripts and doing non-writing work for WGA signatory companies is a gray area. Consider contacting the Guild directly to clear a project.
Animation – A large amount of animated television and feature film work is non-union, so it represents a great creative outlet for writers during the strike. During the 2007-2008 Writers Guild Strike, a lot of development and production occurred for new animated film and television series. Many writers are members of both the WGA and The Animation Guild – which covers most animation. The WGA board has stated that they wish for WGA members not to pursue Animation Guild work, but acknowledge that they need to stay true to their contracts that are already in place.
Reality Television – Like animation, most reality television is non-WGA, so writers can put on their producing hats and get out there and pitch new concepts for reality television. Just like during the 2007 Writers Strike, many networks and platforms might turn towards reality to fill content gaps.
International Television – As I alluded to at the start, there is literally a whole world of entertainment development and production going on, and writers should take the opportunity to explore this massive market. The fact is that most successful television series have big foreign markets, and there is no better and more receptive time to explore international sales than right now.
Existing Scripts and Life Stories – WGA signatory companies have currently put their development slates on hold, but fully written seasons and notable life stories might still find interest.
Development – Why not get scripts and pitch decks ready now? While you are at it, attach cast and directors. Regardless of whether your project is intended for WGA-signatory companies or international audiences, don’t sit idly. Use the time to get your content to a place where it is ready to start pitching the day the strike ends.
Next Steps
Regardless of where in the world you are based, we can help you get your current project in shape to pitch with detailed insight into mandates and markets. We also have access to key creative talent, so contact us about whether now is the right time to move forward with your film or television project.
As with all complex entertainment matters, please seek experienced entertainment legal counsel before making legal and financial decisions. This article is for informational purposes only and does not represent legal, accounting or tax advice. Do not act on this article without hiring legal representation.
- By Brandon Blake, Entertainment Lawyer
Brandon A. Blake is an entertainment lawyer and producer who works with Academy Award winning actors, directors and filmmakers. A complete biography is available online at https://www.filmtvlaw.com/lawyers.
About the Entertainment Lawyer Q&A:
The Entertainment Lawyer Q&A does not create an attorney-client relationship, nor is the information treated as confidential. Responses to selected questions will be made public and shared with our subscribers. All entertainment law information is informational in nature and is not intended to be acted on without entertainment lawyer counsel.