Guilds

Unions and Guilds play a very important role in the functioning of Hollywood to protect the rights and interests of their members. The primary guilds affecting film production are the Writers Guild of America ("WGA"), Screen Actors Guild ("SAG"), Directors Guild of America ("DGA"), International Alliance of Theatrical Stage Employees craft guilds, American Federation of Musicians, and Screen Extras Guild. Further, in Hollywood, it is mandatory for most actors, directors, writers and producers to be members of their respective guilds. These unions and guilds have collective bargaining agreements, which are strictly adhered to by their members and signatory production companies. Thus, what appears in the contracts are frequently influenced by these minimum basic agreements of the various guilds. When participants are paid according to the amounts set forth in the agreements, they are said to be paid "scale". However, nothing prevents payment in excess of that required in agreements, in which case they are paid "above scale".>¹⁰⁷ For guild films, the type and manner of credit is one of the key areas within the guild jurisdiction. A brief overview of the different guilds is set out below:

(a) Writers Guild of America

The WGA is a labor union that represents over 8,000 professional writers. It has been set up to assist screenwriters in establishing the completion dates of their literary property. Registration provides a dated record of the writer's claim to authorship of particular literary material. The WGA may also aid members to secure payments.>¹⁰⁸

(b) Screen Actors Guild

With a membership of 90,000, the SAG represents actors' interests guaranteeing a living wage and a safe, supportive working environment where the performing arts can flourish. One must be a member of the SAG to be considered for even minor parts. While low-budget productions will use non-union crews and non-Guild writers and directors, they rarely employ actors who are not members of the SAG.¹⁰⁹

(c) Directors Guild of America

The DGA seeks to protect directorial teams' legal and artistic rights, represents directors' creative freedom, and strengthens directors' abilities to develop meaningful and credible careers.

Bollywood also has similar associations to protect the rights of industry players. Producers have formed two organizations: the Indian Motion Pictures Producers Association and the Film Makers Combine ("FMC"). Most producers are members of either one or both of these bodies. The FMC has also been empowered by the government to screen and review publicity material. In addition, Bollywood has the Cine Artists Association, Distributors Association, Federation of Western Cine Employees, Indian Motion Picture Distributors Association, Theater Owners Association, Cinematography Exhibitors Association, etc. However, these institutions are not as strong and as influential as their counterparts in Hollywood. They function more as advocacy and support groups. They protect the general interests of their members and act as informal arbitrators or internal (industry) dispute resolution mechanisms. They also act as a coordinating organization between other associations.