Enforcement
Protect Yourself Against Free Work
“Free work” means uncompensated writing services requested by a producer or studio. In features and television, it can take a number of different forms: free rewrites or “producer passes,” “pre-work,” extra-contractual writing, and mischaracterization of writing services as non-writing work.
Because there may not always be an enforcement option under the MBA, the surest way to avoid being taken advantage of is to say no to free work. The Guild is here to support you to resist demands for free work and to enforce the MBA’s protections for writers.
Free Work: Feature Writing
Contact Enforcement Specialist Cathy Genovese if you are dealing with a free work issue, or would like to learn more about the Guild’s efforts in this area.
Free Work: Television
Contact Business Representative Chris Milliken in the Contracts Department if you are working in television and are dealing with a free work issue.
YOUR RIGHTS UNDER THE MBA
In almost every case, it is the writer alone who has the right to determine when literary material is ready for delivery to the studio and payment is due. A producer, studio executive or director cannot demand uncompensated writing. Moreover, under the MBA, payment cannot be contingent upon certain criteria, for example, whether the company approves of your literary material or obtains financing. Additionally, the MBA requires your contract to identify who is authorized to request additional work and accept delivery.
It is a violation of the MBA to mischaracterize writing services as non-writing work; e.g., signatory companies cannot deny you the protections of the MBA by labeling your writing work as “non-writing producer” services.
Under the MBA, payment is due within 48 hours after delivery. Interest at the rate of 1.5% per month accrues on any unpaid initial compensation, starting on the 8th day after delivery. Contact the WGAW Legal Department at (323) 782-4521 as soon as you realize that you have not been paid on time or contact the online Late Pay Desk.
WHAT THE GUILD IS DOING
The Guild has taken a number of steps to address the free work problem. In the 2023 MBA, the Guild won key provisions to combat free work abuse in screen. Following the Agency campaign, the Guild implemented a program of individual outreach to screenwriters around free work issues. We have successfully obtained compensation owed to writers for both guaranteed and extra-contractual writing steps, along with interest for late payment. The Guild has also undertaken individual outreach to television writers around free work issues.
Guild staff has also counseled screenwriters about the best way to resist producer passes based on their individual circumstances and launched the Project Page to assist screenwriters in making informed decisions about the projects they pitch on.