As you know, an original “spec” screenplay is always written outside WGA jurisdiction because the writer was not employed by a WGA signatory company to write it.
When an original “spec” screenplay is optioned and/or purchased by a WGA Signatory Company, no pension and health benefit payments are made on the writer’s behalf because said original spec screenplay was not written under an employment agreement.
However, when the writer is hired (employed) to write the first set of revisions, pension and health benefits are paid on those writing services PLUS, if/when the script is purchased, pension and health benefits are then due on the purchase price of the original “spec” screenplay as well (up to a certain $$$ cap). Note: when a writer receives around $31,000 in WGA covered writing services (compensation) in any 4-quarter period, and benefits have been paid by the employer per the WGA MBA, the writer (and his/her family) is/are entitled to 1-year coverage under the WGA Medical Plan which includes medical, dental, optical, prescription drug benefits.
How is that possible when the original “spec” screenplay was not written under an employment agreement? Through a legal fiction called a “Writer’s Certificate.” Signatory companies require the writer of an original “spec” screenplay to sign a “Writer’s Certificate” that basically states that the original spec screenplay will be treated as though it were written as a work-made-for-hire under an employment agreement even if said screenplay was not and had previously been registered for copyright with the writer listed as the author (the employer is considered the author of a work-made-for-hire).
And don’t forget about WGA residuals. According to one of the top grossing (studio) WGA Writers, a film that grosses $100 million at the box office will usually generate about $1 million in video/DVD and TV residuals for the credited writers of the film — the writers that receive the “Written by,” “Story by,” “Screen Story by,” “Screenplay by,” “Adaptation by” or “Narration Written by” screen credits.
No residuals are paid for “source” material — material written outside WGA jurisdiction (including novels, articles, short stories, comic books, and original screenplays that are not initially purchased by a WGA signatory company, etc.).
When an original spec screenplay is purchased by a WGA signatory company, and the film is produced, the original writer(s) are guaranteed no less than a shared “Story by” credit, regardless. The writers who receive the “Story by” credit are entitled to 25% of the WGA residual pie. Screenplay by credit receives about 75% of the residual pie, IF there is a Story by credit, otherwise it’s 100%. And, the Written by credit receives 100% of the residual pie.
These screen credits also generate Foreign Levies revenue for the writer — payments from certain foreign countries who collect taxes on blank recording media (that will be used to make copies of copyrighted material) that is earmarked for the “authors” of the movie (writers, directors, and copyright owner/producers).
Note: the WGA term for “background” material is “source” material.
The current 2004 WGA Minimum Basic Agreement,
which expires on Oct 31, 2007:
| http://www.wga.org/subpage_writersresources.aspx?id=1610
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That’s it for now. Keep up the good work.
Mark H. Baker
U.S. Copyright Registration
Do not tell your idea to others - record it on audio - write it down - in a fixed and tangible form
At that moment your idea becomes an copyrightable original work of authorship.
Next step: Send in a copy of your "work" to the U.S. Copyright office for Copyright Registration
Then you can show your work to others in written form: a written Story - Treatment - Screenplay
U.S. Copyright Office: Copyright.gov |