The L.A. Times looks at an aspect of the comedy writing biz that doesn't get much attention: Freelancers who sell jokes to TV shows on a piecework basis. Above and beyond their staff writers, some shows get material that way…and it kinda/sorta violates the Writers Guild contract in a way that's rarely enforced. One problem — and the Times piece mentions this but I think understates the dilemma it presents — is this: A writer who faxes or e-mails jokes in to Jay Leno might be writing for Jay's Tonight Show monologue…or he might be writing for the stand-up act that Jay does for live audiences. The latter is not covered by the Writers Guild while the former is. So if Jay buys it for his act and later uses it on the show…?
I used to do a little of this, starting way back when Dean Martin's head writer, Harry Crane, bought a couple of lines from me that were used on one of Dino's roasts. Later, I sent some jokes — mostly topical stuff for which I had no other outlet before it got stale — in to late night shows via friends who were on staff. I got paid for the Dean Martin lines but not for the other stuff, which I thought of more like doing a favor for a pal. I'm pretty militant that professional writers should always get paid for their work…but there was a certain thrill to writing a joke and hearing it on the air less than 24 hours later. Also, of course, jokes are sometimes political…and to the extent a monologue on a TV show influences popular opinion, it's nice to nudge things in the direction of your beliefs. But I haven't done it in quite a while and doubt I ever will again.
I generally side with my pal Dawna Kaufmann, who's quoted in the article. It's hardly the biggest injustice my guild oughta be rectifying but that doesn't mean they should do nothing.