"I, Scab" an article from salon.com

[Plot Device]

This was written in anticipation of an impending writers strike back in May of 2001.


http://archive.salon.com/ent/feature/2001/05/02/wga_strike/?CP=YAH&DN=110

What do you guys think of it? (Here's an excerpt.)



I, scab

A nonunion Hollywood screenwriter answers all your questions about the looming writers strike.
- - - - - - - - - - - -
By Mark Sevi

May 2, 2001


Writers strikes aren't all bad. I'm a nonunion screenwriter who's written several low-budget scripts but never landed a huge studio deal. Yesterday my agent actually took time to chat with me. Then he told me to call back if I had more questions. Has he ever done that before? No. Is that an indication of how slow things are in Hollywood? You bet your ass.

Let's talk about you. How will the strike affect you?

Because I don't have a union card I can scab freely. (Attention all desperate producers: My e-mail address is at the end of this piece.) Although I emotionally support the Writers Guild of America and the membership, I feel no obligation to starve in solidarity with them. I get residuals on only one of my 14 films and I really think it's only because someone screwed up and put my name in the wrong computer database.

I tried to join the WGA, I really did. After I sold my first script in 1991 I called the union and said, "Here I am. Take my money." (Dues are $2,500 one time, plus 1 percent of your annual income for life! Unsurprisingly, the WGA has a huge strike fund to spread around.) At the time, WGA told me to go away because I had apparently done work for a "nonunion" shop, a low-rent B-movie production studio.

I hung my head in shame. And then I went out and wrote credited screenplays for another 13 films -- jobs that I could not have taken had I been a WGA member. There was a lot of work around that wouldn't have paid the union minimum. Then again, my last film, "Arachnid," was actually done by a Barcelona production company. Those Spanish boys could care less about the WGA. But they paid me more than guild minimum anyway.

I will join the union once I sell a script to a major studio. I will have to because by agreement the American studios can't hire nonunion writers. Until then, I'm hoping to make a killing by scabbing my limited talent to whatever producer will have me. Then I'll put all my ill-gotten gains into the NASDAQ just as it makes a resurgence, and live comfortably for the rest of my life.

[krano]

this is what craig mazin thinks (http://artfulwriter.com/?paged=2):

"Secondly, I’ve received a number of emails all posing variants of the following question.

'I’m not a member of the WGA yet, and I’m wondering how the strike affects me. Can I sell material to or work for signatory companies? Is there any rule preventing me from doing that?'

Here’s my answer to all of you who’ve asked.

I’m not telling you.

I’m not telling you because I’m basically here to try and help writers and empower writers, and while I love truth and accuracy, I’m not obligated to write down how-to manuals for scabbing.

So here’s the answer I’ll give instead.

Regardless of the rules, regulations, laws, court decisions and anything else prevailing either for or against you, if you sell material to or make writing deals with signatory companies while the WGA is on strike, then you’re an asshole.

You’re an asshole because you’re undercutting, you’re an asshole because you’re exploiting opportunities made possible by people who are trying to better everyone’s circumstances, and you’re an asshole because…well…

…I’ll go back to a synthetic a priori judgment. You just are.

Good enough for Kant, good enough for me."

on his blog, though, he hasn't said anything about non-signatory prod co's.

[odocoileus]

http://www.absolutewrite.com/screenwriting/mark_sevi.htm (http://www.absolutewrite.com/screenwriting/mark_sevi.htm)

[JeanneTGC]

I think the studio heads are going to break the writers far faster than any scab can or will. They're all a bit too cheerful about how they won't be the ones losing their houses.

[icerose]

In my opinion during the strike companies that are involved in the strike or are struck against are so off limits that I don't know why anyone would even bother.

As for non-union companies. They're free game. I have no problem making a living with a company that has nothing to do with the strike, does not affect struck writers, and isn't even in the same realm as their problems.

[clockwork]

Will the WGA let him join if he sells a big studio script in the future?

[nmstevens]

Will the WGA let him join if he sells a big studio script in the future?


The position of the WGA is that it will not permit any non WGA member who scabs to join the Guild after the strike is over.

There is some question as to whether this is legally possible but it is really almost a secondary question.

The real issue has to do with a point of reality.

And that point of reality has to do with what it takes to write a feature or to work in as a professional television writer.

Now, after all the snickers die down (you know, because movies and TV are like, you know, so bad that, really, just about anybody could write them) -- then we actually have to get down to a point of reality.

And that point of reality is -- not only *can't* just about anybody write movies and TV, almost nobody can.

There's an idea that a lot of people have who, up until now, haven't been able to get their foot through the door, writing Hollywood features, that suddenly the studios are going to come knocking at their doors simply because the rest of us are on strike to write the next hundred million dollar feature.

They're living in a dream world.

You think a studio head is going to sit down and think, "Oh shoot, we need a rewrite on that sequel to The DaVinci Code -- no union writers available. Hey, I hear that non-union guy who wrote Arachnid is available. Quick, get him on the phone! Fly him in here!"

Right. That's just how it's going to play out.

NMS

[clockwork]

But as a hypothetical scenario, what would happen?

Mr. Scab manages to pull a fantastic script out of his ass and Paramount are chomping at the bit to make it. Only problem is, he's been refused WGA membership for being Mr. Scab. Is that the end of it? Would the WGA be non-negotiable about such a thing?

Just curious.

[James D. Macdonald]

This Arachnid (http://www.youtube.com/watch?v=kc0LMO8FgiU)?

Or this one (http://www.imdb.com/title/tt0271972/)?

Or something else?

[clockwork]

This Arachnid (http://www.youtube.com/watch?v=kc0LMO8FgiU)?

Or this one (http://www.imdb.com/title/tt0271972/)?

Or something else?

I'd make an excellent "countdown announcer" for the Arachnid corporation. I am English and my voice is therefore appropriate for evil.

[dpaterso]

I'd make an excellent "countdown announcer" for the Arachnid corporation. I am English and my voice is therefore appropriate for evil.
Be warned, the first round auditions are tough, I got through the "What special skillset would YOU bring to an evil organization?" type questions OK but got rejected by "Simon" the recruiting officer because I couldn't say "You only live twice, Mister Bond!" with a suitably menacing clipped accent.

-Derek

[NikeeGoddess]

There is some question as to whether this is legally possible but it is really almost a secondary question.
unless they get funding from the federal gov't any private organization or union can choose who they let in and who they keep out. so, of course it's legal.

But as a hyopthetical scenario, what would happen?

Mr. Scab manages to pull a fantastic script out of his ass and Paramount are chomping at the bit to make it. Only problem is, he's been refused WGA membership for being Mr. Scab. Is that the end of it? Would the WGA be non-negotiable about such a thing?

Just curious.
well, i'm not that curious because and only because we just don't know what the fallout and ramifications of the strike will have. the studios may or may not change their own rules to accommodate what they need to get things done if they have to.

have the soap operas his their wall yet? anyone know? you don't have to admit that you watch them, just say you read it somewhere. ;)

[nmstevens]

unless they get funding from the federal gov't any private organization or union can choose who they let in and who they keep out. so, of course it's legal.


well, i'm not that curious because and only because we just don't know what the fallout and ramifications of the strike will have. the studios may or may not change their own rules to accommodate what they need to get things done if they have to.

have the soap operas his their wall yet? anyone know? you don't have to admit that you watch them, just say you read it somewhere. ;)


What you are talking about above, in which a union is able to determine who is allowed in according to their own criteria without any outside interference, is known as a "closed shop" -- and it is illegal in this country.

There have been lawsuits about this in the past, and as I have heard it, the guild cannot prevent someone from writing for a signatory member -- which means that were I to write write a screenplay for a guild signatory, and they wanted to buy it, the guild would legal have to permit me to join.

They couldn't say to the company -- he scabbed, therefore he can't join, therefore you can't buy the script.

What ends up happening is that I join under what's known as "financial core" status -- a limited form of membership that requires me to pay a smaller membership dues, allows me the right to write for guild companies (or any other company, including non-guild companies), get guild insurance and pension, but doesn't allow to vote, become part of any guild committees, or enjoy certain other guild privileges).

It would also allow me to continue to work during strikes -- as certain unsavory financial core guild members are doing right now.

Do you think that the guild would have such a thing as fi-core if it was at all possible not to have them? They are legally mandated. We're stuck with them.

That's how it works. When they say, "we deny scabs membership" -- they're talking about "full membership" -- full voting membership -- because the guild cannot deny anyone who qualifies that minimal fi-core membership.

NMS

[icerose]

I have a question pertaining to the guild not scabbing.

In their little qualifications it says you have to work for guild signatory companies in order to be eligable but at the same time you can't work for signatory companies without being a member, so how exactly does that work?

I mean the tv writing you have to have 4 episodes with signatory companies before you can join.

Please explain this to me, as I have never understood it.

[odocoileus]

Once you do a certain amount of work for a signatory, you become a "must join". You then have a certain amount of time to pay at least part of your dues, fill out the required paperwork etc. If you refuse to do this, you won't be allowed to accept any more work from a signatory. If the job is ongoing, you will be removed from your position if you don't join in the required time frame.

So, you get the job or the sale first. Then and only then do you worry about paying dues and fees. Before you get work (with a sig), you won't be allowed to join, except as an associate member. After you get work, you have to join.

It works pretty much the same way with SAG and DGA. When I worked in production, I did a lot of paperwork for new SAG members as well as DGA paperwork for myself and coworkers.

[preyer]

dumb question, but what exactly is a signatory?

[NikeeGoddess]

When they say, "we deny scabs membership" -- they're talking about "full membership" -- full voting membership -- because the guild cannot deny anyone who qualifies that minimal fi-core membership so they deny full membership and legally they're allowed to do that. just b/c someone cries, "foul!" and sues does not make it illegal. anyone can sue anyone. that doesn't mean they're right. it just means they're challenging a decision.

there are writer's who were blacklisted after the '88 strike and have never gotten back in the guild.

[nmstevens]

so they deny full membership and legally they're allowed to do that. just b/c someone cries, "foul!" and sues does not make it illegal. anyone can sue anyone. that doesn't mean they're right. it just means they're challenging a decision.

there are writer's who were blacklisted after the '88 strike and have never gotten back in the guild.


Who?

NMS

[scarletpeaches]

I'd make an excellent "countdown announcer" for the Arachnid corporation. I am English and my voice is therefore appropriate for evil.

Sidetrack: If you, or indeed anyone else, is interested in an Evil Overlord instruction pamphlet, I have one to hand I can email those wishing to...well, be evil. And overlordly. I myself was going to take over the world but I am not a) English or b) male. And whoever heard of an Evil Scottish Overlady, huh? :rolleyes:

PM me for details.

/threadjack off.

As you were.

[odocoileus]

A signatory is a company which has signed on to the Minimum Basic Agreement. (http://www.wga.org/subpage_writersresources.aspx?id=1610) All the major studios, TV networks, and associated production companies are signatories. They have to sign in order to have access to the premium talent pool of actors, writers, and directors.

The networks and studios also do business outside of the MBA, when they either don't need access to premium talent, or when they need a way around the MBA rules. There are also low budget and indie companies who never work under MBA rules.

[preyer]

i was going to take an adult education class on world domination, but i didn't have enough money to pay for the lab fee. apparently, weapons-grade plutonium is expensive. along with your english accent, it helps if you put 'dr.' in front of your name. too, if you can stick 'von' in there somewhere, so much the better. if your last name already happens to be 'ravenscroft' then you're ignoring your destiny if you *don't* command all you survey.

so, let me get this straight: you're allowed a certain amount of sales before you must join the WGA?

[preyer]

thanks, od, my idea was waaay off. i'll have to re-read this thread with that in mind.

[scarletpeaches]

i was going to take an adult education class on world domination, but i didn't have enough money to pay for the lab fee. apparently, weapons-grade plutonium is expensive. along with your english accent, it helps if you put 'dr.' in front of your name. too, if you can stick 'von' in there somewhere, so much the better. if your last name already happens to be 'ravenscroft' then you're ignoring your destiny if you *don't* command all you survey...

Dr Clock Von Work?

How...supremely evil...

http://www.austinpowers.com/objects/images/evilpinky.jpg

[clockwork]

Dr Clock Von Work?

How...supremely evil...



You missed an opportunity for comedy there...

Dr. Clock Von Work? Nein!

;)

[scarletpeaches]

*headdesk*

[clockwork]

Is that the name of your evil hench-man?

[scarletpeaches]

Yes dear. :rolleyes:

[odocoileus]

It's possible to do some work for a sig, but not enough to qualify for Guild membership. A straight sale for Guild minimum would automatically qualify you for Guild membership - and require you to join.

If you only did some limited rewrite work on a script or two, you might not have enough points to join. If you were a staff writer on a show, but the showrunner fired you two weeks in, those two weeks of salary alone probably don't reach the "must join" threshold.

[preyer]

wow, 588 pages is the *basic* agreement? i'd hate to see the complicated version. while looking over the signatory list, i noticed 'lucasflim' isn't listed. no great surprise, i guess. from a technical standpoint, i suppose lucas is still an indie. so you can write all the live long day for lucas because he's not a signatory and still not have to join the WBA? (sorry, there's an overwhelming amount of information there, thanks for the link. :))

[preyer]

ah, so there's kind of a points thing? hm, interesting. being a WGA member is somewhat of a prestigious deal then? it says something about your ability, i mean. maybe 'prestigious' isn't the right word, but it's desirable, not just an empty 'hooray for me i've got a plastic membership card!' status?

[odocoileus]

The high status, big money jobs are almost all with sigs, so there probably is prestige associated with membership.

As a practical matter, the health and pension benefits are much better than non union writers typically get. It's also tougher to get paid and credited fairly, and paid on time, if you work outside the MBA.

It's generally tougher across all job categories to get enough work at a high enough rate to make a living when you're working non union. Especially for below the line work, the hours are longer, the pay is less, and safe working conditions can be a real issue.

Even with all the safety regs and union requirements enforced people still get disabled or killed on film and TV sets every year. When the standard union protections are absent, it only makes the situation worse.

[NikeeGoddess]

if blacklisted writers didn't exist then there would be no need for these two wga committees.

Blacklist Credits Committee (PC, EM)

This committee investigates and makes recommendations concerning credits for blacklisted writers who worked under the Guild's jurisdiction or an affiliate Guild's jurisdiction.

Blacklisted Writers Screening Committee (PC, EM)

This committee considers individual cases of writers whose employment was affected by the Blacklist and recommends equitable adjustments, if warranted, under the WGAw supplemental Pension Plan program.

[nmstevens]

if blacklisted writers didn't exist then there would be no need for these two wga committees.

Blacklist Credits Committee (PC, EM)

This committee investigates and makes recommendations concerning credits for blacklisted writers who worked under the Guild's jurisdiction or an affiliate Guild's jurisdiction.

Blacklisted Writers Screening Committee (PC, EM)

This committee considers individual cases of writers whose employment was affected by the Blacklist and recommends equitable adjustments, if warranted, under the WGAw supplemental Pension Plan program.

Nike,

The blacklist they are referring to is not a "blacklist" that the guild puts writers on as a resulting of scabbing -- it is the "Hollywood Blacklist" that was instituted during the McCarthy era, during which a large number of Hollywood screen and television writers were blacklisted -- collectively banned from writing for American TV or movies.

But not really. They were really just banned from writing openly and having their names credited. So a great many very talented writers -- guys like Dalton Trumbo, were forced to write under pseudonyms (often the screen credit was given to the producer) -- and sometimes even won Academy Awards -- for their non-existent alter egos, because they had been blacklisted.

It wasn't until Spartacus when Kirk Douglas (also the producer) hired Trumbo, and insisted that his name be put on the movie that the blacklist was broken and those guys were able to come out of the closet and start using their names -- but it has only been quite recently that a concerted effort has been made to properly track down and reassign screen credit where credit was due on many of those "black-listed" movies, because they were forced by special circumstances to work in secret and thus were unable to benefit from the payments into guild health and welfare and other payments that they would otherwise have been entitled to.

Presumably, by this point you will have realized that the above committee has absolutely nothing to do with the guild's right to exclude membership, with financial core status, or anything else that was previously under discussion.

NMS

[preyer]

prestige wasn't the best word. i guess i'd liken it more accurately to having a journeyman's card, eh? by any guild's exclusionary nature, inclusion tells the world you've got the goods. the prestige, if any, lies in membership reserved for people who have proven themselves, eh?

i'm curious, though, what dangerous conditions there are for writers? my right ass cheek falls asleep on occasion, but that's about it.

[NikeeGoddess]

nms - everything you say is right. there is no need to feel threatened by me. i'm a nobody who knows nothing and i'm proud of it. i won't be stealing any jobs from you or taking your place. don't stress so much. white men rule and there's nothing anyone can do about it. you've seen to that. you put me in my place.


BACK ON TOPIC:
what was the topic again?

[Plot Device]

*unclicks "ignore" feature*

*reads*

*jaw hits floor*

*re-activates "ignore"*

[odocoileus]

i'm curious, though, what dangerous conditions there are for writers? my right ass cheek falls asleep on occasion, but that's about it.

Only stress related stuff and maybe depression when you don't get paid like you're supposed too .:D

I was talking about below the line workers, crew. But you're working for Corman, you might be writing the script, building the set, and hanging some lights too.

[nmstevens]

nms - everything you say is right. there is no need to feel threatened by me. i'm a nobody who knows nothing and i'm proud of it. i won't be stealing any jobs from you or taking your place. don't stress so much. white men rule and there's nothing anyone can do about it. you've seen to that. you put me in my place.

TANGENT ALERT!
how many years were women considered citizens and not given full membership?
how many years were negroes considered 2nd class citizens and then given full citizenship and then still denied memberships?

OK - WRONG BOARD - AS YOU WERE!

what was the topic again?


It's pretty obvious that you know nothing and that you're proud of it -- neither of which has anything to do with your gender or your race.

And clearly, so long as you continue to be pleased and proud of your ignorance, no one will have any reason to feel threatened by you (as if I was).

I'm not putting you anywhere. I'm currently where I put myself and you are where you put yourself and you will be in the future where you choose to put yourself.

Where I am has nothing to do with you. Where you are has nothing to do with me.

You want to be a big successful screenwriter, there's certainly nothing I can do to prevent it. But there's plenty that *you* can do to prevent it -- and being ignorant of how the business you hope to be in works is one of those things.

But hey -- no one says you have to listen to me. Better to just listen to yourself.

NMS

[preyer]

well, at least corman had some lovely ladies hanging about. i would have loved to been around when corman did those poe flicks with vincent price as i would have had a huge crush on hazel court. hubba hubba.

well, i like both y'all, so don't let this escalate, eh? kiss and make up, then send me a picture of that because i'm into that kind on thing.

dumb question: the writers are on strike, but what are the specific issues other than the contract has run out? i've not actually seen any reasons why other than 'the writers on are on strike.' i used to work in an union, was on strike almost an entire summer once. i sold toys at the flea market, made more money in one weekend than i did working forty hours at GM. assuming it didn't rain. where i went changed everything, so now it sucks to go there. anyway, we survived on our strike fund, and i'd imagine the WGA has a pretty big reserve. i say that but i have no idea how writers get paid out or how many members they have.

[nmstevens]

well, at least corman had some lovely ladies hanging about. i would have loved to been around when corman did those poe flicks with vincent price as i would have had a huge crush on hazel court. hubba hubba.

well, i like both y'all, so don't let this escalate, eh? kiss and make up, then send me a picture of that because i'm into that kind on thing.

dumb question: the writers are on strike, but what are the specific issues other than the contract has run out? i've not actually seen any reasons why other than 'the writers on are on strike.' i used to work in an union, was on strike almost an entire summer once. i sold toys at the flea market, made more money in one weekend than i did working forty hours at GM. assuming it didn't rain. where i went changed everything, so now it sucks to go there. anyway, we survived on our strike fund, and i'd imagine the WGA has a pretty big reserve. i say that but i have no idea how writers get paid out or how many members they have.

Here's a youtube short that was prepared as a kind of public primer on the subject:

http://www.youtube.com/watch?v=oJ55Ir2jCxk

These are the main demands. There are other issues on the table as well, including organizing animation (writers not only on most animated series, but also on animated features including things like Happy Feet, which can generate literally billions of dollars in revenue, aren't covered by the guild, don't get a dollar in residuals, DVD royalties, health insurance -- nothing) and so-called "reality" shows (please realize that game shows and variety shows are already covered under our MBA -- and if you can tell me what the difference is between the shows that are currently defined as "reality" shows like "Survivor" or "Dancing with the Stars" and those two pre-existing categories, I'd love to know).

NMS

[icerose]

wow, 588 pages is the *basic* agreement? i'd hate to see the complicated version. while looking over the signatory list, i noticed 'lucasflim' isn't listed. no great surprise, i guess. from a technical standpoint, i suppose lucas is still an indie. so you can write all the live long day for lucas because he's not a signatory and still not have to join the WBA? (sorry, there's an overwhelming amount of information there, thanks for the link. :))

George Lucas left all guilds behind when something went wrong with one of the star wars films. Something like they wouldn't let him do it his way so he went his own. I could have the story wrong, but the fact is he did leave.

You don't have to worry about working for Lucas because he only produces his own stuff.

[nmstevens]

ah, so there's kind of a points thing? hm, interesting. being a WGA member is somewhat of a prestigious deal then? it says something about your ability, i mean. maybe 'prestigious' isn't the right word, but it's desirable, not just an empty 'hooray for me i've got a plastic membership card!' status?


Here's the deal. The WGA has what's known as the MBA - the minimum basic agreeement. It sets minumum pay scales for writing in features, television, radio, news, etc.

It isn't only writers who are members. This is how it works.

If you are a producer and you want to hire someone who is a member of the guild, then you must become a signatory -- you must sign up with the guild.

In doing so, you agree to abide by all the requirements set forth in the MBA -- to pay the minimums, pay into our health and pension fund, agree to our credit arbitration policy (if you're a guild member, the guild, not the producer is the final arbiter of who gets the writing screen credit) -- and here's the kicker.

You also agree *not* to hire anybody who isn't a member of the guild. The exception, of course, is that you can hire a writer who is a beginner earning points toward joining (this is slightly different in the Guild east and Guild west, by the way, but that's too complicated to go into).

But even if you're a non-member earning points, that's all kept track of, and the producer is still paying through the guild.

Not only that, there is a separate deal through the guild and all agencies representing writers. If you are a guild member, you can only be represented by an agent who is a signatory of the Guild's agency agreement. If you are an agent who wants to represent a Guild Writer (and that's virtually every writer who is writing in the business) you also have to be a signatory of the Guild's agency agreement, which limits what percentage you can charge, prevents you from becoming a producer (conflict of interest), prevents you from charging a percentage on a writer's residuals and royalties (on the grounds that those things are negotiated by the guild, not be the agent) and that you are bonded. All sorts of requirements.

So you want a guild writer -- you have to go through the guild.

You want to write for a Guild Signatory Producer -- you have to join the guild.

That is how it works.

If you're George Lucas or Roberto Rodriguez and you decide you don't want to be a member of the WGA or the DGA or whatever, there are things that you can do to get around it (like set up a subsidiary company) -- but that's not so easy when it's just you.

NMS

[NikeeGoddess]

nms - too bad you didn't recognize the sarcasm. but for one who thought writer implied Linda was a doctor... well, i'm not surprised.

[dpaterso]

Some good advice was getting dished out amid the sniping so I've let it run for a post or two, but enough's enough. Stop it now. Deleting posts and closing threads gives me no pleasure but that's what will happen if the sniping continues.

Any problems with that, PM me.

-Derek