The Writers Guild of America remains on strike (joined by SAG-AFTRA as of July 13th), after the Alliance of Motion Picture and Television Producers (AMPTP) refused to offer agreeable terms to the Minimum Basic Agreement (MBA). The WGA strike applies to members of the WGA and their work on television, film, and some scripted fiction podcasts.
While the WGA strike rules do not extend to nonfiction audio work, there is a clear pipeline between nonfiction podcasts and scripted film and television. Nonfiction audio formats include documentary, news, and investigative series, unscripted conversations and interview-based shows, and hybrid formats. Some podcasts are green-lit specifically because of their potential for scripted adaptation, while others are optioned later on down the line. Either way, there is an increasingly blurred line between the world of nonfiction podcasts and what essentially constitutes “development work” for future scripted film and television projects. This makes nonfiction podcast workers an easy target for production companies that are attempting to continue quietly feeding their content pipeline while writers and actors are on strike.
The Freelance Solidarity Project, the Digital Media Division of the National Writers Union, recognizes that practicing solidarity with fellow workers across industries and disciplines is crucial to building better labor conditions—and a better world for all of us.
The following is intended as an unofficial guide to address some frequently asked questions currently being raised by audio workers across the industry. Again, it is not an official set of rules. However given that the WGA strike rules do not apply to nonfiction work—and seeing as the guidelines for fiction podcasters during the WGA strike (2023), recently published by the WGA Audio Alliance, do not encompass nonfiction audio workers—FSP wanted to offer some ways of thinking through a range of relevant scenarios. As the strike continues, this guide will hopefully serve as an active solidarity resource for non-WGA members. Note: If you are a WGA member, please consult directly with the WGA Audio Alliance and/or your Guild’s counsel.
This pledge was developed by the Freelance Solidarity Project’s A/V Subcommittee and reviewed by the WGA Audio Alliance. You can learn more about how FSP members are organizing to improve working conditions across the media industry, and sign up to receive a link to our next virtual general info session, via this info sheet. Our LinkTree also offers a rundown of current core projects. If you have questions or feedback regarding this guide, feel free to reach out to FSP members Olivia Aylmer and Rose Eveleth.
Frequently Asked Questions
Q: Should I pitch a nonfiction podcast to a struck company?
A: No. Do not engage in any pitches or new podcast deals with struck companies.
It is possible, depending on the nature of the podcast, that doing so during the strike will bar you from future WGA membership, as it is considered scabbing to meet with or provide any literary material to a struck company. While the WGA rules do not cover nonfiction podcasts, the best way to be in solidarity with the workers on strike is to avoid pitching struck companies, no matter what.
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Q: I’ve been approached to make a podcast series for a struck company; should I say yes?
A: No. FSP member-organizers have heard from trusted industry peers that struck companies have been approaching podcast writers to work on these kinds of development podcasts during the strike. In the spirit of solidarity, it is best to say no for the foreseeable future and affirm your support for the WGA strike.
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Q: I’ve been approached by a struck company about optioning a podcast I worked on. Should I take those meetings and make that deal?
A: No. Avoid making any option deals with struck companies while the strike is ongoing.
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Q: I’m in the middle of working on a podcast for a struck company; should I stop work?
A: Ideally, yes, but that is not always feasible. If you are not in a position to stop work on the project, have a conversation with your production team and/or WGA organizers about alternative ways to support the strike. See the “Non-Member WGA Strike Support” resource provided by the WGA Audio Alliance for further guidance.
Note: If you are a current member of the WGA, the answer is YES: you should have immediately stopped doing any work for a struck company at the beginning of the strike in May 2023. The above guidance applies to non-WGA members operating under an existing contract ONLY.
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Q: Should I pitch a podcast to a non-struck company?
A: It depends. Many podcast production companies have strong ties to WGA signatory companies (for example, Audible and Wondery are both owned by Amazon). You should avoid pitching to those subsidiaries if you can. Be sure to check whether the company you’re pitching has these kinds of ties, and if possible, pause your pitch until the strike is resolved.
If you’re pitching to a company that has no connection to a WGA signatory, there are a few things to consider:
- If you are certain that the show you’re pitching has no potential to be optioned or adapted to film or television, then it might be appropriate to still pitch.
- If you think there is a chance the series might go down the road of adaptation in the future, and you’re able to press pause on the pitch, do so for the foreseeable future.
- There are situations in which pressing pause on a pitch might not be feasible or appropriate. (For example, if you’re working on a piece that has a time-sensitive component to it.)
- If you’re unable to pause the pitch, you should aim to include in your contract a clause that specifically allows for you to control and stop any IP development deals that might arise until after the strike.
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Q: I’m in the middle of working on a podcast for a non-struck company that will likely attempt to be optioned or adapted for film or television. Should I stop work?
A: While stopping work on these projects in solidarity is ideal, it’s not always possible. If you can’t stop work, there are other ways to support the strike. Try having a conversation with the folks in charge about what the plan is for the show, whether they’ve had option conversations already, and how to plan for the future and get on the same page about acting in solidarity if and when that time comes.
Note: While nonfiction podcasts are not covered, ALL scripted TV and film is a part of the strike — if you work with any struck companies on developing scripted fiction TV/film during the strike, that will be considered scabbing and will bar you from future membership to the WGA.
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Q: I’ve been approached by a non-struck company about optioning a podcast I worked on. Should I take those meetings and make that deal?
A: Maybe. If you do take the meetings, be sure to ask whoever has approached you about their plans for production and distribution. Smaller production companies sometimes approach podcasters with ideas for adaptation, which they will then pitch and sell to bigger (struck) companies. If the option can happen without any struck companies involved at any point, then you’re in the clear.
Note: Again, while nonfiction podcasts are not covered, ALL scripted fiction TV and film is a part of the strike. If there’s any chance a struck company will get a hold of the content during the strike? It’s a no-go. Delivery of any literary material to struck companies is considered scabbing and will bar you from future membership to the WGA.
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Q: Can I work on developing my idea and podcast on my own time?
A: Yes, keep working and reporting and developing ideas on your own time. Your ideas belong to you! Even if you dream in the future of optioning your show to film or television, as long as no part of your current work involves a struck company, you can (and should!) carry on working on your ideas.
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Q: I make an independent podcast; can I keep making episodes?
A: Yes, as long as your show operates without involving any struck companies, carry on and make your work!
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Q: Can I hire WGA members to write for my podcast?
A: Here we will quote from the WGA Audio Alliance guide for fiction podcasts, as the guidance is the same: “Maybe. Guild members are prohibited from doing work-for-hire for non-signatory projects that may be developed into IP for television and features. If you are not planning on ever developing the project for television or features then you’re probably okay, but it’s still a gray area. If you have questions or concerns about your specific situation, please reach out to the Alliance for guidance.”
It’s always best for WGA members to check in directly with their Guild counsel before taking on writing work of any kind during the strike.
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Q: My podcast covers the TV and film industry (includes TV recaps, film reviews, interviews with TV/film talent). Should I stop podcasting in solidarity?
[Revised July 26, 2023]: It depends. If you are a SAG-AFTRA member, yes, you should cease promoting struck work. According to SAG-AFTRA’s recently published FAQs for Podcasters: “We understand that you must honor your pre-existing contractual obligations. If your contract or influence allows you the flexibility to adjust your show’s content for the duration of the strike so that it is no longer promotional of struck work, SAG-AFTRA and your listeners would see that as an incredible show of solidarity with the performers on the shows your podcast typically promotes.”
If you are not a SAG-AFTRA member, but hope to become one in the future, it’s safest to, if possible, cease new episodes of your recap/film review/interview podcast as the strike continues, or adjust your show’s content for the duration of the strike so it is not promotional of struck work. In addition, actors are being asked to not actively promote struck work—so you should not ask actors to come on your show until the strike is over. SAG guidelines also state: “Any non-member seeking future membership in SAG-AFTRA who performs covered work or services for a struck company during the strike will not be admitted into membership in SAG-AFTRA.”
If you have no plans to become a SAG-AFTRA member, you should be able to keep recapping safely. (Note: We have reached out to SAG-AFTRA organizers to confirm this. Should the guidance change, we will update this resource accordingly.)
Another way to stand in solidarity with the writers and actors is to actively acknowledge the strike in your podcast and talk to WGA and/or SAG-AFTRA organizers on your show. At FSP we’ve created a pledge for critics to sign as a way of actively signaling solidarity, and crafted a statement to include in coverage that acknowledges the strike. Consider applying these principles to your podcast, too!
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Q: Can I hire a SAG-AFTRA member to host or be a voice in my podcast?
A: Maybe. It depends on the type of podcast you’re making. According to a recent letter from the SAG-AFTRA union, the strike order does not apply to “Independent Podcast Agreement and Micro-Monetized Podcast Agreement. This includes scripted performance and hosting.” Independent Podcasts are defined by SAG-AFTRA as “any independent podcast that has a budget and/or monetization exceeding $10,000.” Micro-Monetized Podcasts are defined by SAG-AFTRA as “podcasts of any genre with a budget and/or monetization of less than $10,000.” If you aren’t sure if your podcast falls under these categories, contact SAGAFTRAstrike@sagaftra.org for clarification.
Resources
Helpful Links
- Solidarity pledge: Collaboratively developed by TV and film critic members of the Freelance Solidarity Project and reviewed by the WGA to give critics, editors, and other journalists covering the entertainment industry a set of “best practices” for covering entertainment during the strike in a responsible, pro-labor way.
- A list of companies that would be considered “struck companies” can be found on page 18 of the WGA 2020 Minimum Basic Agreement. A non-exhaustive list of the struck companies that also commission podcasts includes: ABC, Apple, CBS, and Sony. If you have a question about whether a company you’re working with is considered “struck,” contact wgaaudio@gmail.com, and if WGA-AA organizers do not know the answer, they will ask the WGA directly or redirect your inquiry as necessary.
- Official Bulletin: Notice to SAG-AFTRA Members Regarding Non-Struck Work: includes a full list of what SAG-AFTRA is still allowing actors to engage in, including game shows and podcast hosting.
- Who Owns Who in Podcasting: a map of business deals and relationships in podcasting.
- Guidelines for Fiction Podcasters During the WGA Strike (2023): the set of guidelines that inspired this one, organized by the WGA Audio Alliance to help fiction podcasters stay within WGA strike rules.
- The Freelance Solidarity Project’s New-to-Freelancing Resources Guide: a guide to support media workers of all mediums who are freelancing for the first time.
Definitions
via Guidelines for Fiction Podcasters During the WGA Strike 2023
- Independent: For the purposes of this document, independent is defined as self-owned IP financed either through personal means, crowdfunding, or a third party with no controlling interest in the IP. When in doubt, contact the Audio Alliance.
- Non-Signatory: A company that has not made an agreement with the WGA and therefore operates outside of the union and strike rules.
- Podcast Network / Collective: A company or organization that is responsible for the distribution and/or ad-sales of multiple podcasts. A network can also be the creator/producer of each podcast on their network (Wondery), but this is not always the case (Radiotopia). Networks tend to have top-down power (iHeart), whereas collectives tend to have decentralized power (Maximum Fun), but these terms are largely used interchangeably as they serve similar functions for the shows that are part of them.
- Platform / Publisher: A company or organization that distributes podcasts of all kinds on a dedicated app (Apple Podcasts, Overcast). Some of these platforms may also be networks (iHeart) or studios (Spotify).
- Podcast Studio: A company/organization that produces podcasts under one name (Gimlet, Parcast).
- Signatory: A company that has agreed to the WGA Minimum Basic Agreement (MBA) or Collective Bargaining Agreement (CBA). For the purposes of this strike, we’re only concerned with those who have signed the MBA.