Screenwriters Combat Free Work

The first time screenwriter Gareth Dunnet-Alcocer heard from WGAW Enforcement Specialist, Shelagh Wagener, she was checking in on one of his projects that was progressing smoothly. But when the prospect of a producer pass came up on a subsequent project, the Blue Beetle writer remembered the earlier conversation, and called Wagener.

“Because of my life and where I’m from, I have never seen any kind of power,” said Dunnet-Alcocer who wrote the screenplay for The Blue Beetle. Shelagh was very nice, very patient, very understanding, and she let me know there was no way I needed to do any kind of producer pass and do any extra work and that the Guild was ready and more than happy to protect me against it.” 
 
Dunnet-Alcocer took the advice to heart, and refused to do the free treatment being asked of him. He was then sent to draft, paid for his work, and successfully completed his writing on the project.

Free work is any uncompensated writing service requested by a producer or studio. This can take many forms including: a) “pre-work” revisions that a writer is asked to do prior to being officially employed by a studio; b) extra-contractual services, when a producer or studio asks for literary material not contemplated in the writer’s contract; and c) “producer passes,” which are drafts of literary material requested by the producers, instead of the studio.

Patrick Tobin

If you’ve experienced any of these three scenarios, you should contact the Guild. 

“Saying no to free work is the surest way not to do free work,” says Wagener, who has conducted the Guild’s free work outreach to screenwriters over the last three years. “But if you find yourself in a situation where you are worried about what would happen if you say no, or you’re feeling trapped, reach out to the Guild. We can figure out the best way forward together.”

Since starting its screenwriter free work outreach, the Guild has contacted nearly 1,000 screenwriters, staying in communication with many throughout the life of their projects and offering support when necessary. Communicating with members both by email and by phone, the Guild keeps all conversations with writers confidential.

When there is a violation of the MBA, the Guild will pursue a claim. Patrick Tobin, who wrote the 2014 film Cake, recalls a nightmarish experience on a film he worked on in 2019 when what he expected to be a polish turned into a much more extensive unpaid rewrite. After collecting documentation from Tobin, the Guild determined that Tobin was owed additional compensation for the rewrite under the MBA and subsequently turned the case over to the WGAW’s Legal Department. The case eventually resulted in a financial settlement for Tobin.

Although he initially felt embarrassed by what he had gone through with the studio, Tobin was repeatedly reminded that he had been taken advantage of and had nothing to apologize for.

“At every point, I was absolutely pleasantly surprised at how seriously and compassionately, Shelagh and then eventually [Legal Department Director] Melissa Arbiter took the issue,” said Tobin. “The money itself is nice and very much appreciated, but I just felt like, ‘Oh my god. Having somebody go to bat for you is such an unusual thing in this industry.’ Having gone through the strike, too, there’s this sense too for me of there are so many benefits to being in the Guild, and the Guild is paying attention.”

In 2021, a producer he had worked with previously asked David Hayter to adapt some IP owned by a prominent studio and signatory company. He submitted an outline, and was told the studio liked it, but they had some notes, which they asked Hayter to address.

“The producer said, ‘I don’t think their notes are very extensive. I wish you’d just talk to them,’” said Hayter whose credits include X-Men, Watchmen and The Scorpion King. 

David Hayter. Photo by Storm Santos.

Over the next year and a half, Hayter wrote five revisions of the outline at the studio’s request. Ultimately, Hayter was told the outline was going out to two big movie stars. That was the last Hayter heard…until a few years later when his agents brought the same project back to him to gauge his interest on working on it as an “open writing assignment.”

That’s when Hayter called the Guild, informing the enforcement staff that a major studio had put him through a year and a half of work only to turn around and open the project to other writers. Hayter collected documentation demonstrating that the studio requested five outline revisions so that the Guild could put together a claim for the uncompensated work. The Guild is currently demanding payment from the company for all the treatments, plus interest and pension and health contributions. 

“I want to make sure that every writer at any level is aware of how securely the Guild has your backs” when it comes to free work, said Hayter. “We are constantly being approached for free development because the studios don’t want to pay for the work unless the movie gets made. And, unfortunately, our job is the first job that goes into making a movie, and it should be respected as paid work on every single occasion.”

“The Guild is here to help screenwriters,” Wagener said. “The most important thing is to reach out if you are dealing with a free work issue.”

Note: at the end of August, Wagener became the Guild’s Political and Legislative Director, and Cathy Genovese has taken over as the Screenwriter Enforcement Specialist/Organizer. Screenwriters can expect to hear from Genovese when they are commencing a project, and can reach out to Genovese anytime with free work issues.