UPDATED WITH WGA STRIKE RULES: Hollywood and the global entertainment business are watching closely as the final day of negotiations between the Writers Guild of America (WGA) and Alliance of Motion Picture And Television Producers (AMPTP) counts down towards the expiry of the current basic agreement.
Talks were ongoing on Sunday and may continue on Monday before the contract end at 11.59pm PT on Monday. While nobody wants a repeat of the 2007-08 strike which lasted 100 days, both parties have been sticking to their agenda throughout the negotiations.
Last month 97.85% of WGA members from a 78.79% turnout of the Guild’s 20,000-strong membership voted in favour of striking should the parties fail to agree terms. The Directors Guild of America (DGA) has warned its members that if they do not go to work in the event of a WGA strike in solidarity with writers they could face consequences from their producer employers.
The WGA is broadly asking for more money, particularly in relation to TV compensation (residuals and “mini rooms” have been key talking points), and says while the rise of streaming has brought profits and massive content spend by producers, writers have been left behind. Guild negotiators have also engaged their counterparts over the potential impact of generative A.I. on writers’ work.
The AMPTP, on behalf of studios, streamers, network and independent producers, argues it is hard for companies to pay more in a climate of cost cutting and lay-offs.
Should a strike go ahead, it could start as soon as Tuesday May 2 or at a later date. At time of writing the WGA had not specified. Its strike rules appear below.
A strike would have a greater initial impact on TV writers – at least initially. No production can take place without a daily writers room or “mini room” and writers on late night talk shows and daily shows would be the first to down pens. However non-scripted series such as news, sports, reality TV and interview-based talk shows do not fall under the WGA’s contract and would not be affected.
In film, Hollywood and independent producers have been stockpiling screenplays in the eventuality of a strike in order for productions to proceed, although once the cameras roll no Guild writer would be available to revise their scripts. It is believed directors and producers could make a tiny change to a name or word here or there, however they would not be able to do any substantial rewrites nor anything that alters the essence of the screenplay.
Sales agents preparing for Cannes continue to package projects as if it were business as usual and are steering clear of summer start dates, preferring to keep start dates vague or look towards the end of this year and into 2025. No independent project in need of bonding could start after June 30 as the bond companies have said they will not bond anything that has not wrapped by that date.
A strike may impact this year’s release calendar. Completed projects can remain in their dates however those that are still shooting or in post may not be able to wrap during a strike, in which case some have specualted that distributors may push some titles into 2024. Next year’s schedule and that of 2025 are in the crosshairs here as most projects beyond the 2023 calendar are incomplete.
A strike could bring serious disruption and create a post-production logjam once it ended. However of greater concern for the business is the prospect of a broader strike involving the directors and actors guilds. Both the DGA and SAG-AFTRA will soon start contract renewal talks for their basic agreements, which both expire on June 30. The DGA, which has a membership of approximately 19,000, starts its talks on May 10, followed by SAG-AFTRA – which has around 160,000 members – on June 7.
Should these guilds also go on strike that would effectively shut Hollywood down until the parties returned to the table to hammer out an agreement.
Some producers are looking to shoot outside the US. Feature productions may be able proceed outside the US with local union and guild members if their groups are not affiliated with the Hollywood guilds or have not issued solidarity guidelines. Producers may decide to work with non-Guild members, although they would be wary of further upsetting the Hollywood Guilds.
The WGA does not have the power to discpline non-members for what it calls ”strikebreaking or scab writing”, although it has said it will bar that writer from future Guild membership.
2023 strike rules posted on the WGA website:
In the event of a strike, each WGAW and WGAE member is required to follow these strike rules. The purpose of the rules is to win the best possible contract for writers. Please take the time to read and review the strike rules in their entirety. Strict adherence by all Guild members leads to a more effective strike and ultimately a better MBA [minimum basic agreement].
The principle behind the rules is simple: you (or your agent or other representative acting on your behalf) may not meet or negotiate with a struck company; and you may not provide writing services, sell or option literary material to a struck company.
As explained in detail in the rules themselves, prohibited conduct includes:
- Performance of writing services for or delivery of literary material to struck company; and
- negotiations and discussions regarding present or future writing projects.
There are also certain notice requirements, including:
- notice to the companies to return writer-owned “spec” literary material; and
- notice to your agent or other representative to discontinue conducting negotiations on your behalf.
There are rules related to picket lines and other strike support activity, including:
- honoring all Guild picket lines;
- performing assigned strike support duties; and
- informing the Guild of strikebreaking activity.
Finally, please note these features of the rules:
- Covered work: The rules prohibit the performance of writing services for a struck company in connection with audiovisual or audio works intended for initial exhibition in any market covered by the MBA, including feature motion pictures, television and new media, as well as the option or sale of literary material for that purpose.
- Animation: The rules apply to all animated series covered by a WGA contract. Writers who wish to perform writing services in connection with fully animated theatrical features and television programs are advised to consult with WGA staff to determine whether such writing is prohibited before performing, or contracting to perform, any writing services. Members should assume that projects combining live action and animation are covered by the strike rules.
- Fiction Podcasts: The rules apply to fiction podcasts covered by a WGA contract. Writers who wish to perform writing services for fiction podcasts are advised to consult with WGA staff to determine whether such writing is prohibited before performing, or contracting to perform, any writing services.
- Hyphenates: The rules prohibit hyphenates (members who are employed in dual capacities) from performing any writing services, including the “(a) through (h)” functions.
Excerpt from Rule 12 covering additional strike rules pertaining to writers also employed in additional capacities can be found here.
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