Protestors in Leicester Square

WGA strike

*** THE WGA STRIKE HAS NOW ENDED AND THE FOLLOWING ADVICE NO LONGER APPLIES. READ THE UPDATE HERE ***

The Writers Guild of America has called a strike with effect from today (2 May 2023, 8.01am GMT) following the expiration of their Minimum Basic Agreement (MBA) with the AMPTP who have not been able to offer an acceptable deal for a new contract for writers in the US.

WGGB has today issued guidance to all its members as follows:

We understand that these are difficult times and that many writers are in need of work but we are advising our members not to work on projects in the jurisdiction of the WGA for the duration of the strike following a motion of solidarity passed by our lay governing body, our Executive Council and in line with our affiliation agreement with the International Affiliation of Writers Guilds, of which we are a member.

We also wanted to draw members’ attention in particular to Rule 13 of the WGA strike rules which states the following:

WGA Strike Rule 13

Rules pertaining to non-members The Guild [WGA] does not have the authority to discipline non-members for strikebreaking or scab writing. However, the Guild [WGA] can and will bar that writer from future Guild membership. This policy has been strictly enforced in the past and has resulted in convincing many would be strikebreakers to refrain from harming the Guild [WGA] and its members during a strike. Therefore, it is important for members to report to the Guild [WGA] the name of any non-member whom you believe has performed writing services for a struck company and as much information as possible about the non-member’s services.

The WGA operates a collective bargaining system sometimes referred to as a ‘Guild Shop’. This means that companies who are signatories to the MBA agreement cannot hire writers who are not WGA members and WGA members are prohibited from working for companies who are not signatories to the AMPTP Minimum Basic Agreement. In reality, this means that to work as a screenwriter in the USA, you need to be a member of the WGA. If you break the WGA strike by taking work in the US jurisdiction for the duration of the strike, you risk being blacklisted by the WGA which could seriously damage your long-term career.

For further information about ‘jurisdiction’ and other issues, refer to our FAQs below. WGGB members should get in touch with us for advice if they are unsure about their contracts or any other issue to do with the strike. Email casework@writersguild.org.uk

The advice on Strike Rule 13 above applies to all UK writers, not just WGGB members – please refer to the FAQs below.

WGGB Chair Lisa Holdsworth said: 

“We continue to show our solidarity with our sister union and their members in the US as they embark on industrial action to secure fair pay, decent working conditions and to gain their rightful share in the future financial successes of their work.

“We know that strike action is a last resort and one that requires individual sacrifice. The resounding majority of WGA members who voted for this action have shown the collective strength of their feeling and their resolve to stand firm on issues that affect writers the world over.

“I know that my fellow WGGB members will share my message of solidarity to our colleagues overseas, and I know many will also have understandable concerns about the impact on their work here, at a time when the traditional boundaries around genre and jurisdiction fall away, and when writers here face their own challenges. We’re your union – we’re here to support and advise you, and now is no different – so don’t hesitate to reach out to us.”

Tag us on social media @TheWritersGuild to show your solidarity with members of @WGAWest and @WGAEast using the hashtags #WGAStrong #WGAStrike

Media enquiries: sarah@writersguild.org.uk

WGA Strike FAQs

(last updated 25 May 2023)

The Writers Guild of America’s Board and Council have called a strike, following an authorization vote by WGA members, and the expiration of the union’s Minimum Basic Agreement (MBA) with the Alliance of Motion Picture and Television Producers (AMPTP) on May 1 2023.

The MBA is the collective bargaining agreement that covers most of the work done by WGA members and comes up for renewal every three years.

The AMPTP negotiates with the WGA on behalf of all the major studios and hundreds of production companies in the States.

The WGA leadership has called a strike because negotiations with the AMPTP have not reached a satisfactory conclusion.

By striking and withholding their labour, WGA members are demonstrating their resolve and using their leverage to secure meaningful economic gains for all writers.

At each negotiation of the MBA, WGA members agree a Pattern of Demands. During this most recent cycle of negotiation, the Pattern of Demands has centred around improving compensation and residuals for writers to address the devaluation of writers’ work; addressing the abuses of ‘mini rooms’, regulating use of AI material, combating harassment and discrimination, and more (you can find out more about the WGA contract negotiations, here).

The last WGA strike – in 2007/8 – lasted 100 days, but it is not possible to say how long this one will last.

WGGB is advising members not to work on new projects within the jurisdiction of the WGA for the duration of the strike.

This is for the following reasons:

  1. As a member of the International Affiliation of Writers Guilds (IAWG), WGGB is committed via the clause in our affiliation agreement with the IAWG to ensuring that members shall in no case work within the jurisdiction of a Member Guild for any engager who has not adhered to the relevant collective bargaining agreement of that Guild (or who is on the unfair or strike list of that Guild).  
  1. WGGB’s own lay governing body – its Executive Council – passed the following motion in April 2023 in solidarity with the WGA and its members:

The WGGB support the WGA in their ongoing negotiations. If a strike cannot be avoided, we will advise our membership not to work on projects within the jurisdiction of the WGA for the duration of the strike in line with our IAWG agreements.

  1. In addition, Rule 13 of the WGA Strike Rules state the following:

WGA Strike Rule 13

Rules pertaining to non-members The Guild [WGA] does not have the authority to discipline non-members for strikebreaking or scab writing. However, the Guild [WGA] can and will bar that writer from future Guild [WGA] membership. This policy has been strictly enforced in the past and has resulted in convincing many would be strikebreakers to refrain from harming the Guild [WGA] and its members during a strike. Therefore, it is important for members to report to the Guild [WGA] the name of any non-member whom you believe has performed writing services for a struck company and as much information as possible about the non-member’s services.

If your contract was made under UK law and you were already under contract at the time the strike was called, you should continue to work normally and comply with the terms of your contract.  Pre-existing work in the UK is not considered struck work by the WGA.   

If your contract was made under US law you should follow the WGA strike rules.

If your contract was made under UK law and you were already under contract at the time the strike was called, you should continue to work normally and comply with the terms of your contract. Pre-existing work in the UK is not considered struck work by the WGA.

If your contract was made under US law you should follow the WGA strike rules.

If your contract was made under UK law and you were already under contract at the time the strike was called, you should continue to work normally and comply with the terms of your contract. Pre-existing work in the UK is not considered struck work by the WGA.   

If your contract was made under US law you should follow the WGA strike rules.

The WGA operates a collective bargaining system sometimes referred to as a ‘Guild Shop’. This means that companies who are signatories to the MBA agreement cannot hire writers who are not WGA members and WGA members are prohibited from working for companies who are not signatories to the MBA agreement. In reality, this means that to work as a screenwriter in the USA, you need to be a member of the WGA. If you break the WGA strike by taking work in the US jurisdiction for the duration of the strike, you risk being blacklisted by the WGA which could seriously damage your long-term career.

Writers should not take work without a contract and the contract should stipulate where the production is based and under which guild’s terms it operates.

UK work undertaken under WGGB collective agreements (BBC, ITV, PACT etc) is unaffected by the strike as it is clearly UK jurisdiction.

UK work undertaken for US companies under WGA terms will fall under WGA jurisdiction and writers should check its status with WGA.

UK-based work undertaken for US companies under terms other than WGGB or WGA may be affected and members should contact the WGGB for further advice.

Candidate and Full Members of the WGGB are eligible to use our free contract vetting service or to seek advice from one of our caseworkers: casework@writersguild.org.uk who will be able to advise you on this.

If you are a UK resident and your contract is under a WGGB collective agreement (BBC, ITV, PACT etc) then you should continue to work.

If you are a UK resident and your contract is with a US company under WGA terms then your work will fall under the strike action and you should follow the WGA Strike Rules.

If you are a UK resident and your contract is with a US-based company under terms other than WGGB or WGA you should contact WGGB and/or WGA for further advice.

If you are resident in the US, you should follow the WGA Strike Rules.

If you are unsure please contact the WGGB or WGA for advice.

The penalties for taking work in the US jurisdiction are the same for all UK writers, including those who are not WGGB members, so we would advise you to carefully check your contracts and get legal advice. All writers are eligible to join WGGB, whether they are professional writers with agents and credits, or just starting out, and you can join online here. To use our free contract vetting service we would advise you join in advance of needing it, as there may be a short delay in you accessing that service while your membership is being processed.

It is also worth noting that another benefit of WGGB membership is that if you are a Full Member and you want to join the WGA (and you meet their membership criteria), you are eligible to have the WGA joining fee waived.

The main rule that applies to writers in the UK is Rule 13 (see question How will the strike affect UK writers?)

However, it is useful to outline the general principles in the Strike Rules that may be useful for writers in the UK to be aware of, and those who work with them, particularly agents, as these outline the type of work covered by the strike – TV, film, audio, fiction podcasts, new media and animation. The principles also cover prohibited conduct, as follows:

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. 

The Rules also state:

 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 

See the full Strike Rules here.

Any company that was previously a signatory to the MBA signed in 2020 (which expired on 1 May 2023) is a struck company. A full list is on pages 3-7 (PDF pages 18-22) of the agreement here.

However, not all struck companies appear on this list. Streaming companies such as Netflix, Disney, Amazon, Apple are all considered to be struck companies in the US. If you want to check if a company is struck you can contact the Signatories Department of the WGA here.

Before taking new work with a US company or any UK company allied to a US company, you should contact the WGGB for advice.

If you are a UK-based writer, who is also a member of WGA for your US work, you can continue to work on projects under WGGB agreements as long as these projects are not considered to be struck.  Any work that would have been completed under the MBA is considered struck work.

If it would have been completed under the MBA, we advise you not to take the work.  Please contact the WGGB for further advice.

If you are a US-based writer however, you should check with WGA before taking any work overseas.

If the US company is a signatory to the MBA agreement, for the duration of a strike these companies count as ‘struck’ companies. WGA members in the UK are not permitted to take work with ‘struck’ companies under the WGA Strike Rules.

UK writers who are not WGA members are advised not to take new work with ‘struck companies’ under Strike Rule 13, as they risk being blacklisted by the WGA in future.

If the US company is not a signatory to the MBA agreement, WGA members are not permitted to work for non-signatories under WGA Working Rule 8. While there is nothing to stop non-WGA members in the UK working for non-signatories during the strike, we would advise WGGB members to seek advice from us.

 

This would contravene Strike Rule 13 and breach WGGB advice not to break the strike. Writers doing this would face potential blacklisting by the WGA which could seriously jeopardise their future writing career in the US.

If your contract was made under UK law and you were already under contract at the time the strike was called, you should continue to work normally and comply with the terms of your contract. Pre-existing work in the UK is not considered struck work by the WGA.   

If your contract was made under US law you should follow the WGA Strike Rules.

Trade union legislation is very different in the UK.

Secondary strike action (action in support of another union or group of workers) is not permitted under UK law, nor is the practice of restricting employment to those who are members of a particular trade union.

UK writers can take other action in support of the WGA, for example, taking part in protests or demonstrations that do not fall under the definition of ‘picketing’. In solidarity with our sister union and members in the US, WGGB will be demonstrating our support throughout the strike – keep an eye on our news section for more detailed announcements and how you can get involved.

And it is important to point out that WGGB has other forms of leverage to effect wins for its members (see ‘issues affecting writers’ below).

UK writers can show solidarity via social media using the hashtag #WGAStrong and a social media kit the WGA has put together.

WGGB represents writers. For details of trends in UK/international production, for example the implications of a strike in another territory, we advise you contact Pact or the Production Guild of Great Britain.

We would imagine that WGGB members will show solidarity with the WGA and its members by supporting the strike. However, UK legislation around union membership means we are not able to disclose who is a member of our union, or indeed what they are currently working on.

There are differences and similarities. All writers are being impacted by the streaming revolution, the global content market and rapid advances in technology, for example in AI.

But the industrial landscape in the UK is also unique. While WGA negotiations centre around the MBA agreement, here in the UK writers work under a number of WGGB agreements, which set out minimum rates of pay and conditions, and are subject to ongoing negotiations, to secure regular pay rises, for example. Our members work in multiple sectors too – from TV, film, theatre and audio to books, poetry, comedy, animation and videogames. In TV alone we have six separate agreements with broadcasters and a strong public service broadcasting tradition. Our governmental system is different too, and many of our wins have taken place in the campaigning/lobbying sphere. You can see some of our recent wins here.

Writers’ unions and guilds across the world are united in addressing writers’ pay and rights in the rapidly changing digital sphere and WGGB is no exception. Ensuring writers receive decent pay, hold on to their IP rights, and are adequately compensated for the exploitation of their work on digital platforms is high on our list and our recent wins in this area include the Writers Digital Payments system, which has paid out nearly £7 million in digital TV royalties. We’ve negotiated special fees for podcasts, agreed provisions with the National Theatre for digital use of playwrights’ work and our script agreement with the BBC includes online exploitation of writers’ work. These are just a few examples.

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