Guidelines for Fiction Podcasters During the WGA Strike (2023)
The 2023 Strike Rules put out by the Writers Guild of America, West (“WGAW”) and the Writers Guild of America, East (“WGAE”) (jointly, the “Guild” or “WGA”) cover the official guidelines that are in effect while the Guild has called for a Strike. One of the features of these Rules is the application of them to fiction podcasts that would be covered by a WGA contract.
While not part of the official Strike Rules, this document is meant to serve as an additional set of guidelines for audio fiction writers — both members of the WGA and non-members — who want to either ensure they are following the rules of the strike or stand in solidarity with the WGA. The answers below are accurate as of the publication date of this article and are subject to change as the strike progresses.
In general, any writers (especially those who are members of the WGA) are advised to consult with the WGA Audio Alliance to determine whether such writing is prohibited before performing, or contracting to perform, any writing services. The WGA is not interested in punishing or banning writers for finding work in fiction podcasting during the strike, only in avoiding podcasts being used as a loophole for TV and film studios to develop new projects while they are being struck.
You are in safer territory working on a project that is already in development, rather than pitching out new ideas. You are also safer working on projects that are intended to be monetized as audio-only. A good rule of thumb is to ask yourself: “Could a TV or film studio use this project to generate money or intellectual property during the strike that they wouldn’t be otherwise?” If the answer is no, you’re probably good to go!
When in doubt, contact the WGA Audio Alliance at wgaaudio@gmail.com.
GET INVOLVED / SUPPORT THE STRIKE
- Join the Audio Alliance Discord
- Check out the Picket Schedules and Locations
- Non-Member WGA Strike Support
QUICK LINKS AND DEFINITIONS
- Official WGA 2023 Strike Rules — The official guidelines outlining the rules that must be followed by members of the WGA.
- WGA 2020 MBA — The entirety of the WGA 2020 Minimum Basic Agreement. Page 18 lists the original signatories to the document, which are now the struck companies.
- Who Owns Who in Podcasting — A table of the major companies in the podcasting industry and who owns them.
- Podcast Taxonomy — Definitions of roles and credits in podcasting
Other Definitions:
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.
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.
Podcast Studio: A company/organization that produces podcasts under one name (Gimlet, Parcast).
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).
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.
GENERAL GUIDELINES
What are best practices around promoting my fiction podcast during the strike?
Promoting your own work to non-signatories is absolutely fine, though if you’d like to stand in solidarity, it is best to avoid promotional work or appearances that would benefit a struck company.
I am working with a non-signatory on a podcast and was hoping to negotiate my contract under the WGA MBA — can I still do that?
You can, but in the event you succeed in getting the project covered by the MBA you will have to strike. The Guild is not currently signing any new signatories, so it may be best to just hold off.
WGA MEMBER GUIDELINES
SAFE ACTIONS:
1. Can I write and produce my own independent fiction podcast?
Absolutely. As long as no part of production (including pre- and post-) involves a struck company, make your own stuff!
2. Can my independent fiction podcast join a non-signatory podcast network/collective?
Yes. As long as no signatory company is involved, making and profiting from your fiction podcast is not considered crossing the picket line. The exception to this would be if the network/collective is exploiting your IP for TV/film development. If the network/collective would fully or partly own your IP, please reach out to the Alliance or your Guild’s counsel for guidance.
3. Can I write a fiction podcast for a non-signatory company that has no ties to any WGA signatory to the MBA?
Yes. As long as no signatory company is involved, making and profiting from your fiction podcast is not considered crossing the picket line. The exception to this would be if the company is exploiting your IP for TV/film development. If the company would fully or partly own your IP, please reach out to the Alliance or your Guild’s counsel for guidance.
IFFY ACTIONS / PROCEED WITH CAUTION:
4. Can I work on a fiction podcast with a non-signatory company that has strong ties to or is a subsidiary of a WGA signatory to the MBA (ex. Audible and Wondery are owned by Amazon, iHeart has a first look deal with UCP)?
Yes. However, guild members are barred from any work that may be considered or lead to TV/film development during the strike. Going pens down in sympathy on these projects is appreciated but not necessary. It is recommended that you try to include language in new deals that specifically precludes the development and pitching of the work for television or features until after the strike. If you have questions or concerns about your specific situation, please reach out to the Alliance or your Guild’s counsel for guidance.
5. Can I submit my fiction podcast to showcase events and festivals (i.e. The Gotham Project Market) during the strike?
Submission of literary material to a struck company, even indirectly, would be considered scabbing. We would encourage writers not to submit material for any of these kinds of programs in order to be sure they are not providing literary material to struck companies. If you have questions or concerns about your specific situation, please reach out to the Alliance or your Guild’s counsel for guidance.
ACTIONS THAT CROSS THE PICKET LINE:
6. Can I write a fiction podcast for a WGA signatory to the MBA?
No.
NOTE: If you are a staff member at a company under a WGA Collective Bargaining Agreement and your staff job involves writing a fiction podcast, you may continue to work. Shops under a CBA contract (like Gimlet, Ringer, and Parcast) have their own no-strike clauses in effect for their staff members and cannot strike or engage in a sympathy strike.
7. Can I take a meeting with a WGA signatory to the MBA to discuss fiction podcasts?
No. Meeting with WGA signatories during a strike is not allowed and would be considered crossing the picket line.
8. I already have a podcast — what if a company approaches me about optioning it for TV?
WGA Members cannot engage in negotiations regarding TV/film production during a strike, and entering into any agreement regarding TV or film during the strike would be considered crossing the picket line. If your option was already negotiated prior to the strike, a company may pick up the option and pay you during the strike, but no new work or negotiations may take place.
NON-MEMBER GUIDELINES
The Guild does not have the authority to discipline non-members for strikebreaking or scab writing. However, the Guild can and will bar that writer from future Guild membership. Standing in solidarity with WGA writers means not taking work with WGA signatory companies or companies owned and affiliated with WGA signatory companies that may be using fiction podcasts as a way of developing IP during the strike that could be adapted to television or film. In general, continuing work you were already doing prior to the strike is safer territory than pitching or developing new work during the strike. Also making clear boundaries for your work during the strike is encouraged. In order to stand in solidarity with fellow writers, exercise caution and reach out to the Alliance directly to ask about anything you’re uncertain about.
SAFE ACTIONS:
1. Can I write and produce my own independent fiction podcast?
Absolutely. As long as no part of production (including pre- and post-) involves a struck company, make your own stuff!
2. Can my independent fiction podcast join a non-signatory podcast network/collective?
Yes. As long as no signatory company is involved, making and profiting from your fiction podcast is not considered crossing the picket line. The exception to this would be if the network/collective is exploiting your IP for TV/film development. If the network/collective would fully or partly own your IP, please reach out to the Alliance for guidance.
3. If I have an existing contract with a WGA signatory to the MBA (or a subsidiary of one) to write a fiction podcast, can I continue to fulfill that agreement without crossing the picket line?
Yes. If you have an existing contract (especially one with a no-strike clause), you will have to finish those contracts and will NOT be barred from the WGA in the future. If you have questions or concerns about your specific situation, please reach out to the Alliance for guidance.
NOTE: If you are a staff member at a company under a WGA Collective Bargaining Agreement and your staff job involves writing a fiction podcast you may continue to work. Shops under a CBA contract (like Gimlet, Ringer, and Parcast) have their own no-strike clauses in effect for their staff members and cannot strike or engage in a sympathy strike.
4. Can I work on a fiction podcast with a non-signatory company that has strong ties to or is a subsidiary of a WGA Signatory to the MBA (ex. Audible and Wondery are owned by Amazon, iHeart has a first look deal with UCP)?
Yes. While this can be a murky area depending on the company’s intention (are they making a podcast solely to sell it into TV? Are they trying to get around the strike in order to keep their development machine moving?), having a connection to a TV / film entity does not automatically make a company struck. Going pens down in sympathy on these projects is appreciated but not necessary. It is recommended that you try to include language in new deals that specifically precludes the development and pitching of the work for television or features until after the strike. If you have questions or concerns about your specific situation, please reach out to the Alliance for guidance.
5. Can I write a fiction podcast for a non-signatory company that has no ties to any WGA signatory to the MBA?
Yes. As long as no signatory company is involved, making and profiting from your fiction podcast is not considered crossing the picket line. The exception to this would be if the company is exploiting your IP for TV / film development. If the company would fully or partly own your IP, please reach out to the Alliance for guidance.
IFFY ACTIONS / PROCEED WITH CAUTION:
6. Can I hire WGA members to write on my podcast?
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.
7. Can I submit my fiction podcast to showcase events and festivals (i.e. The Gotham Project Market) during the strike?
Submission of literary material to a struck company, even indirectly, would be considered scabbing. We would encourage writers not to submit material for any of these kinds of programs in order to be sure they are not providing literary material to struck companies. If you have questions or concerns about your specific situation, please reach out to the Alliance for guidance.
ACTIONS THAT CROSS THE PICKET LINE:
8. Can I enter a new contract to write a fiction podcast for a WGA signatory to the MBA?
No. This would be considering scabbing and could bar you from future Guild membership. As non-members, only fulfilling EXISTING contracts will be allowed during the strike (see #3 above).
9. Can I take a meeting with a WGA signatory to the MBA to discuss fiction podcasts?
No. Meeting with WGA signatories during a strike is not allowed and would be considered crossing the picket line and could bar you from future Guild membership.
10. I already have a podcast — what if a company approaches me about optioning it for TV?
Entering into any agreement regarding TV or film during the strike would be considered crossing the picket line and could bar you from future Guild membership.