But you owe me...

Okay, this is the first blog on how the company forgot to pay me for a movie they have finished. The letters in blue are me and my WGC person, same as WGA, both guilds are connected. Names of course have been changed. Starts below:

PART ONE

To Mary WGC (Writers Guild of Canada)

I have just been informed by a friend who spoke to Stan Charley yesterday who stated that Town that Forgot Christmas is or has been filmed. Since I have not been paid for the screenplay this strikes me as very odd. My first call tomorrow is to my lawyer followed by WGC, followed by a call to Hallmark here in Los Angeles to express my concerns.

Since the IPA says writers are paid on or before the first day of principal photography, I find this, if true, reprehensible. If not, Mr. Charley got his movies mixed up.

Jim Makichuk

Jim,

I'm Head of Production for XYZ, and you are right, this is totally egregious. Not intentional at all, but egregious. We are in production on the film (and beginning the second and third film), and it was my understanding and my production accountant's understanding that the writer's fees were being paid out of corporate.  This is how we did it on our last four films for the Syfy Channel (for a variety of reasons), and I have been waiting for a cost report -- where I would have caught that it hadn't been paid.  I didn't catch it, b/c I don't have the cost report yet-- which is simply a function of our accountant overwhelmed between post on the Syfy and production on these three films.  Suffice to say, corporate hadn't done it -- not out of any questionable intent -- they just assumed production had taken care of.  In any case, we are in production, and I will get this taken care first thing tomorrow morning. I or accounting will be in touch with you and your rep tomorrow.  Again, my apologies. Ultimately, it comes down on my head, no matter how it happened, it happened, and I'm getting you paid first thing tomorrow.  I fully understand if you want to call the WGC or the network.  I would feel the same.

Respectfully,

Jack

September 14, 2010  6:41am (cc copy to me)

Hi Jack, 

I spoke to Ella (Accountant). I've sent her Jim's signed contract. She is going to write Jim and explain how she is putting his payment through payroll. She is on it and he will be paid shortly. 

Best, 

Anna
Production Executive
XYZ Productions Inc.

September 14, 2010 6:56am (cc copy to me)

Good, please give me update in an hour. Thank you. This must happen this morning and Jim's lawyer should also be advised-- so Ella should copy him on the email to Jim. I want to know when the check is going to be in Jim's hands or money wired or whatever. Speak in an hour. Thanks.

Jack

September 14, 2010 – 7:13am PST

Hi Jim,

Thanks for bringing this to my attention – they have also just informed me that it’s been in production, but I would have never assumed that they didn’t tell you or pay you. Although given their general level of disorganization I suppose I was giving them far too much of the benefit of the doubt.

At least it seems like they want to remedy the situation.  If you don’t in fact hear anything today regarding payment, please let me know.  All I can do is ask that payment be made today, but it at least appears that that is what they are trying to do anyways.  I will follow up with Robert to make sure he lets me know that you’ve been paid as well so he knows we’re aware of the situation.

All their productions have been completely disorganized, so I’m trying to sort through them so I appreciate you making me aware of this.

I’ll send a follow up to Jack with the hopes this is resolved today, and if not then we’ll just have to move forward and inform them that without payment they don’t actually have the rights to your material.

All the best,

Mary  WGC

From: Jim [mailto:badland@dslextreme.com]
Sent: September 14, 2010 10:15 AM CST
To: Mary
Subject: Fw: Jim Makichuk

Mary

following email was sent to me Tues am. Am sending a following email. I just wonder if any other writers were not paid? Also there is a "contributing writer" credit, someone called DEF, whose credits seem to be assistant director and I wonder if he's WGC?

Anyways, will call you today. Seems like it'll work out.

Jim

September 14, 2010 7:21am PST

Hi Jim,

Where have you seen the “contributing writer” credit?  The credit notice they sent me simply had the writing credit listed as “Written By Jim Makichuk”.  The WGC doesn’t allow a contributing writer credit for MOWs and if it is an assistant director that would mean a credit arbitration.  I’ll also raise this concern with Jack.

I hope it is worked out today.  I still can’t believe they didn’t tell you it was going into production.  And, yes, they need to pay fringes too!

Best,

Mary WGC

Cc: @gmail.com>

Subject: Re: Jim Makichuk

Jack

Thanks for your reply, understand what happened, although it's almost the old stereotype, writers not getting paid (every writer has that story).

Again, appreciate your timely action

Jim: Thanks for your understanding. I know it is a cliche, and I know there are instances in the biz-- cashflow problems, whatever-- but this was an honest mistake. Anyway, thanks, and you and your lawyer will soon get email from accounting re wire I believe it is.
It's a great script by the way. I think you will be pleased with the movie.

Best,
Jack

From: Jim [mailto:badland@dslextreme.com]
Sent: September 14, 2010 10:30 AM CST
To: Mary
Subject: Re: Jim Makichuk

Mary

if you go to imdb, someone called Jonathan Wright has credit as a "contributing writer", and I think this is a guy who has a script with Chesler and did some cheap or no pay rewrites.

Jim

September 14, 2010 – 7:33am PST

OK, thanks – I’ve let Jack know that this is not a credit the WGC allows, especially seeing as they submitted a credit notice to us indicating that the only writing credit is “Written By Jim Makichuk”.  If they want to give a subsidiary writing credit to Jonathan, they need to file a contract and fringes with us at WGC scale, and if he’s also a director then we have to run a credit arbitration.  Hopefully that will make them remedy the situation…

I’ll let you know what I hear, but if you do receive confirmation of payment let me know!

Best,

Mary WGC

September 14, 2010 – 7:41am PST

Hi Jim,

Here is Jack’s response to my email.  Hope that takes care of everything….but we should check in on IMDB in the near future again just in case.  The WGC can petition to have changes as well, but it’s always easier if it comes from the production company….

Best,

Mary

  

From: jack@gmail.com [mailto:@gmail.com]
Sent: September 14, 2010 10:37 AM
To: Mary
Subject: Re: Town That Christmas Forgot

Wire is going today, and no one is getting contributing writing credit. My AD-co-producer consolidated ouple locations and adjusted day and nights-- which isn't writing-- put that on IMDB. The actors did some line changes on day to make more organic to them, but there is only one writer on this and I will correct IMDB. Jim is the sole writer. It is hard to control people sometimes. My apologies. I will have Roberta advise you when Jim's been paid. Today. Thanks. 

This is the first part of how I got paid. More Monday. I'm fiddling with the pasting so I have big gaps on this first one.