Document 275904

SPECIAL BULLETIN
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SEPTEMBER 2008
TV/THEATRICAL NEGOTIATIONS UPDATE
YOUR NEGOTIATING COMMITTEE FIGHTS ON
TO ACHIEVE A FAIR CONTRACT
yOUR SAG NEGOTIATORS ARE wORkING
hard to conclude successful negotiations for
a successor agreement to the TV/Theatrical
Contract. This special bulletin explains in detail
why Screen Actors Guild has serious reservations
with the June 30 offer from the Alliance of Motion
Picture and Television Producers (AMPTP).
We do not expect to get everything we have
proposed, but the AMPTP offer does not sufficiently
respond to our priorities.
Screen Actors Guild is committed to bargaining
the best deal possible. Our core mission is to improve
the lives of actors and their families. We know that
new media is here NOW, and our professional futures
depend on achieving fair terms in this area right now.
We must not and will not be swayed by misleading
arguments and management’s attacks.
Talks continue. Since June 30, we have had informal
discussions with the employers, their AMPTP representatives
and a core group of leaders from both organizations.
You will no doubt read spin suggesting that there is
dead silence between our sides, but that is inaccurate.
We are working through alternative channels to push
for a fair deal for actors as soon as possible.
Substantive progress is more likely in this environment
as negotiators can talk more productively, exchange
ideas and seek a path leading to a conclusion. This type
of informal communication is routine in labor talks and,
in fact, occurred in other guilds’ negotiations this year.
Many of the discussions SAG’s negotiators have had are
confidential at the request of the other parties.
(continued on page 6)
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2
SPECIAL BULLETIN
CONTENTS:
WHY SAG CAN’T
JUST GIVE UP
The negotiating team knows SAG members
have a lot of questions, and here we answer
several we hear frequently.
pg 1
YOUR NEGOTIATING
TEAM FIGHTS ON
pg 2
WHY SAG CAN’T JUST
GIVE UP
pg 3
HOW WE GOT HERE
pg 4-5
WHERE WE STAND
pg 6
NATIONAL BOARD
RESOLUTIONS
pg 6
663 FILMS SIGNED
TO GCCs
pg 7
OUTSTANDING ISSUESAT A GLANCE
pg 8-9
WE’RE MAKING PROGRESS
This contract represents serious income for
you, both now and in the future. It’s simply
not wise for a union to endorse non-union
work or to sell out residuals in new media,
which represents the future of our profession.
And, we cannot agree to rollbacks that gut
our contract of provisions we have had for
75 years. The working life of an actor is not
the same as a writer’s or director’s and our
contract solution can’t always be the same.
pg 9
GET INVOLVED WITH
YOUR GUILD
Why do we insist on residuals in all new
media now?
pg 10
IT’S NOT NEW MEDIAIT’S NOW MEDIA
pg 11
TAKE ACTION: HERE’S
HOW YOU CAN HELP
pg 12
WHY WE ARE HOLDING
THE LINE
Why not just take the deal – other
unions have?
Because it is all but certain that giving up
on residuals in new media will mean the
beginning of the end of residuals in all media.
We know this is a relatively new business
model, but like everyone else, we know it is
growing by leaps and bounds. We can’t let
residuals slip away, because once they’re gone
– they’re gone for good.
Why not allow some non-union work
in new media?
Because it guts the meaning of unionism to
encourage our signatory companies to produce
non-union. These are companies that sign
our contracts and agree to abide by our terms.
Being a SAG signatory means something – it
means the studio or network produces union.
We can’t ever let that change.
We owe it to our fellow actors around the
country to make sure that work opportunities
stay union. SAG members already fight a
pitched battle against the encroachment of
non-union production.
What’s so important about protecting the
“force majeure” provision?
Force majeure provides a compensation
mechanism for actors’ salaries when a
production gets shut down indefinitely due to
an “act of God.” That is a collectively bargained
provision that actors shouldn’t have to bargain
on their own.
Why shouldn’t actors just be flexible and
endorse whatever products are slipped into
their scripts?
Because product integration is really just
unpaid commercial endorsement and could
put an actor in conflict with his or her
commercial work or personal convictions.
An actor should be notified and have the
right of consent and the ability to bargain for
compensation.
SCREEN ACTORS GUILD MEMBER POLL
Please read the information in the attached newsletter carefully. This newsletter explains
why we haven’t reached agreement with the AMPTP on the new TV/Theatrical contract.
E
L
P
Now we need to hear from you. Please let us know how you feel by indicating which of the
following options you prefer (check ONLY ONE box below):
M
A
S
Continue negotiating with the AMPTP to secure a fair TV/Theatrical contract
for actors with better terms than the AMPTP’s June 30th “final offer.”
Accept the AMPTP’s June 30th “final offer” without modification.
This is not a binding ratification vote, but the results of this poll will be valuable information for
the negotiating committee and National Board to use to evaluate how members feel about the
negotiations.
Please choose one option and send in your response now! To ensure it will be counted, postcards
must be received at the P.O. Box only no later than 12:00 p.m. (PDT) on Monday, September 15.
This postcard includes a unique barcode to ensure that only active members in good standing
participate in this poll. The confidentiality of your response will be maintained.
Mail this
postage-paid
card back
TODAY.
If your
postcard is
damaged,
please contact
(323) 549-6604
to replace it.
3
How We Got Here
Since 2005, Screen Actors Guild staff and committee members have
been preparing for the re-negotiation of the TV/Theatrical Contract.
That work has included thousands of hours of research, with an eye
toward the most recent changes in media and technology. Feedback
from members working under the contract has been key. Much of
that member input was culled through the Wages and Working
Conditions (W&W) process, which was conducted jointly with
sister union AFTRA.
Screen Actors Guild and AFTRA have a long history of bargaining
together. This time AFTRA formally rescinded joint bargaining, just
weeks after it formally renewed its commitment to joint bargaining
at a meeting held with the AFL-CIO in March. A joint SAG-AFTRA
committee unanimously approved the TV/Theatrical proposal
package that same month.
The following is a timeline of key events relating to negotiations:
February 2008
Individual W&W committees across the country met to formulate
proposals. Town hall-style W&W membership caucuses were held
in numerous cities.
to the AFTRA committee and distributed detailed status charts for
SAG and AMPTP proposals.
May 7 to May 28
AFTRA and the AMPTP met. SAG observers were often told not
to attend whole days of AFTRA’s talks. They were permitted in the
room only a handful of days, and not at all during the last seven
days.
May 28
AFTRA and the AMPTP reached a tentative agreement, six hours
before our negotiations with the AMPTP resumed.
SAG resumed talks at 10 a.m.
May 29
AFTRA briefed our negotiating committee on their tentative
agreement.
JuNe 9
February 29
The W&W proposal process concluded.
SAG held a rally at SAG headquarters in support of its negotiators
and launched the “Vote No” campaign, urging AFTRA members
not to ratify the tentative agreement, which mirrors the AMPTP’s
June 30 “final” offer to SAG.
March 25
JuNe 30
March 29
July 1
The joint SAG/AFTRA W&W Plenary Committee reviewed all of
the proposals from around the country and forged a unanimously
adopted proposal package.
The Screen Actors Guild and AFTRA national boards met
separately at the same hotel to consider the proposed package
prior to a scheduled joint meeting that afternoon. The SAG board
voted to approve. The AFTRA board voted to break off from SAG
and bargain the joint contract alone. SAG officially asked AFTRA
to return to Phase 1 joint bargaining on four occassions. AFTRA
refused every time.
AFTRA has six TV shows covered by this contract and about $40
million in earnings. Comparatively, SAG has more than 100 TV
shows and all motion pictures produced under this agreement,
representing more than $4 billion in SAG member earnings over
the last three years.
SAG did not attempt to raid the daytime program The Bold and
The Beautiful, although AFTRA has repeatedly made this claim.
Susan Flannery, a star of the show, issued a public statement
confirming that AFTRA’s claim is false. To read Flannery’s letter
online, go to www.sag.org/newsletters-11.
april 15
Screen Actors Guild began negotiations with the AMPTP. Other
union observers, including AFTRA, the WGA, AFM and the
Teamsters were invited to attend most SAG bargaining days.
May 6
The AMPTP suspended talks with us to begin negotiations with
AFTRA.
Just before AFTRA started bargaining, our negotiating
committee provided a full briefing of the status of our negotiations
The AMPTP extended its “final offer.” We have continued
to discuss the outstanding issues dividing us with industry
representatives since that date.
Screen Actors Guild members continued to work beyond the 12:01
a.m. contract expiration.
July 8
AFTRA members ratified the AMPTP offer with 62% of those
who returned a ballot voting in favor, compared to the 93% vote of
AFTRA members who returned a ballot to ratify the daytime TV
Net Code contract. AFTRA’s broadcast non-actor members were
encouraged to vote yes to help fund their P&H benefits.
July 10
Screen Actors Guild presented its counterproposal.
July 16
The AMPTP gave its response and formal bargaining recessed.
august 21
Screen Actors Guild National Board of Directors voted
unanimously to reject the AMPTP’s June 30 offer and did not agree
to send it to the members.
preseNt
Smaller group meetings and exchanges continued with the
employers, their AMPTP representatives and a core group of
leaders in both organizations.
4
SPECIAL BULLETIN
WHERE WE STAND
We know that, in reality, Internet productions may cost far
Money is not the issue dividing us. In their
less than that to make. To date we have more than 650 Internet
proposed contract, our employers want productions signed to SAG agreements, and the average budget of
to take away many of the protections this those productions is about $2,000 per minute.
This would enshrine and endorse non-union work WITHIN our
union has fought so hard for. Simultaneously, contract
and cannot be accepted.
management fails to acknowledge that
overdue increases are required in order “Retroactivity” Threat is Typical
for many actors to keep up with the cost of The AMPTP had stated that SAG must ratify the AMPTP’s June 30
proposal by August 15 for the deal to be retroactive, threatening
living and remain in the profession.
not to agree to apply economic improvements in the new
For 75 years, the collective bargaining TV/Theatrical Contract when the deal is done, retroactively to July
power of SAG has ensured the jurisdiction 1, 2008. This is a standard response by management in negotiations
to try to force a bad deal upon labor. The risk that actors may not
of union work and your right to protections receive increases retroactively is more than offset by the long-term
like residuals. We back our promises with damage that would result from a premature deal that eliminates
residuals for work done for new media and reused in new media, or
contract enforcement, taking action against from allowing signatory producers to produce non-union.
employers who shirk their responsibilities.
We can’t give up those protections now.
The Beginning of the End of Residuals
They Want us to Endorse Non-Union
Work in New Media
SAG is fighting hard to guarantee that you can work a good union
job in the new media space (where SAG already has established
jurisdiction) and that your residuals don’t get stripped from you.
Under the AMPTP-proposed agreement, any made-for new
media production that has a budget under $15,000 per minute can
be made non-union.
Protecting residuals is another concern of your SAG negotiators.
Residuals are an actor’s right and an employer’s responsibility. It is
money you should be able to count on.
The recent offer by the AMPTP to SAG does NOT include
residuals for programs made for new media and streamed again on
ad-supported new media platforms.
So a program originally made for ABC.com, for example, could
be available for re-viewing on ABC.com, or any other ad-supported
Internet outlet, as often as possible and forever with no residuals,
no matter how much money is generated or how many times it is
shown.*
Unless we stand strong, this could mean the beginning of the
end for residuals in not just new media but ALL media.
*There is one residuals provision, but it’s an unrealistic scenario
given the reality of today’s new media production budgets, and that’s
if a program is made for and re-run on a pay platform like iTunes
and the budget is more than $25,000 per minute.
Shouldn’t You Have the Choice
Whether or Not to Do a Commercial
Within a Scripted TV Show or Movie?
Screen Actors Guild isn’t opposed to product integration, which
helps pay production costs, but actors should have the right to
agree to or decline a sales pitch within scripted programs, and
they should get paid additional money when they do agree. As
commercial actors know, product endorsement is an art in itself.
Speaking lines that promote a product has added value that should
be rewarded.
5
Background Actors, Stunt Coordinators
Deserve Better
Principal performers aren’t the only ones your National Negotiating
Committee is fighting for. Management’s proposal only increased
the number of background actors by one in Western zones. Also
unfairly, television stunt coordinators still don’t get residuals under
this proposal unless they appear on camera. Stunt coordinators on
movies do; why not in television?
SAG continues to negotiate in hopes of making improvements
on these fronts as well.
Furthermore, repeatedly promoting products within shows and
movies could easily diminish your value to advertisers in making
actual paid commercials. And of course, you would never want to
be in a situation that you can’t say no to products and companies
you would otherwise never endorse.
Producers need to find additional revenue sources, but actors
need a reasonable mechanism to be fairly compensated. We also
need a joint labor/management study to measure the ongoing
impact of product integration.
Sunset Clause
The so-called “sunset clause” is no guarantee that we will ever get
back any of our core principles if we give up on them now. Even
with a sunset clause, it will be nearly impossible to bargain these
issues back up to a fair level in three years. Once management digs
in, it will be harder than ever to turn them around.
Brother, Can You Spare a Dime for Gas?
A dime. Ten cents more. That’s not much to a multimillion dollar
entertainment conglomerate, but it means a lot to us.
Because of increases in the cost of living, the IRS recently set the
standard for mileage at 58.5 cents per mile. In contrast, all we’re
asking of our employers is an increase from 30 cents to 40 cents per
mile for actors traveling for work.
The mileage rate hasn’t been raised since 1980, and with gas
prices fluctuating around $4 a gallon, some increase is only fair.
‘Force Majeure’ Ensures Pay –
Your Employers Want to Take
Away that Collective Bargaining Right
“Force majeure” is a provision that has been in our TV/Theatrical
agreements since 1937. It says that if a production is interrupted
for reasons outside of the control of the producers or the actors,
including “acts of God” or strikes, there are certain protections that
the producers get, and certain protections the actors get. It means
a producer can hold you if the production is interrupted, as long
as you get paid.
One of the things that is included in that force majeure protection
is a strike by another union, such as the WGA. While production
was shut down during the WGA strike, force majeure provisions
kicked in, but management has refused to pay their force majeure
obligations in most cases. Screen Actors Guild has filed claims for
casts of 87 shows.
We didn’t bring these arbitration claims to the bargaining table,
but management made force majeure part of the negotiations.
They want us to waive these claims, and they want us to give up an
important contract provision.
They would rather bargain that right with individual actors at
the time of hire. You can imagine how successful you would be in
negotiating your own contract for force majeure protection. This
“insurance” would all but disappear.
“The risk that actors may not
receive increases retroactively is
more than offset by the long-term
damage that would result from
a premature deal that eliminates
residuals for work done for new
media and reused in new media,
or from allowing signatory
producers to produce non-union.”
6
SPECIAL BULLETIN
National Board Resolutions Send Message to AMPTP
THE NATioNAl BoARD oF DiRECToRS oF SCREEN ACToRS
GUilD HAS VoTED oN THE FolloWiNG RESolUTioNS:
“It is a core principle of Screen Actors Guild
that no non-union work shall be authorized
to be done under any Screen Actors Guild
agreement and that all work under a Screen
Actors Guild contract, regardless of budget
level, shall receive fair compensation when
reused.”
Approved unanimously, July 26, 2008
“It was moved and seconded that the National
Board accept the AMPTP’s June 30, 2008,
‘final offer’ and directs that the offer be sent to
the membership for ratification.”
Defeated unanimously, August 21, 2008
“It was moved and seconded to support the
negotiating team to get the very best contract
possible for our membership.”
Approved unanimously, August 21, 2008
The solidarity of the SAG board and
SAG members sends a powerful signal to
management that efforts to divide us aren’t
working. Management needs to know that
actors are united on the issues.
To sign the Solidarity Statement supporting
our negotiators, e-mail your name and
member ID to [email protected].
FILMS
Signed to Guaranteed Completion Contracts
As of August 19, Screen Actors Guild had completed and
returned 663 Guaranteed Completion Contracts, confirming
with these non-AMPTP signatory producers that their
projects will be uninterrupted by any possible work stoppages.
Fifty of the projects so far are budgeted between $14 million
and $60 million.
These agreements simply state that the producer will abide
by the terms of any interim agreement issued by Screen
Actors Guild, as well as the successor agreement that results
from negotiations with the AMPTP. Work on these films will
continue even in the event of a lockout or a strike.
(continued from page 1)
Most expired contract terms and
conditions remain in effect, and all
members should continue to audition for
and work on television shows and motion
pictures. All other SAG contracts – the
commercials agreement – interactive
agreement and others – are unaffected by
the current negotiations. Work continues.
Please read the information
in this report carefully. We have
included a postcard specifically so
that you can participate in our poll
about this important contract.
7
OUTSTANDING ISSUES - AT A GlANCE
proposal
aMptp proposals
(JUNE 30, 2008)
sCrEEN aCtors GUIlD
proposals
Union Contract
Coverage in
New Media
If producer chooses, no original new media
production costing less than $15,000 per minute
would be covered by this contract’s terms.
All new media productions made by AMPTP
companies are covered by TV/Theatrical Contract,
regardless of budget. We have proposed a tiered
system, similar to our low budget feature contracts,
which sets minimums per budget level.
residuals in
New Media
No residuals for made for new media program
reused on ad-supported new media, meaning
the program could run forever and never pay
residuals.
All new media productions should pay residuals,
regardless of the exhibition platform. Residuals paid
on all programs used in new media.
residuals for programs
produced prior to 1974
and Moved over to
New Media
No residuals to performers in programs produced
prior to 1974.
Residuals paid on all programs used in new media,
including library product from the past.
product Integration
No notice, no consent by actor, no compensation
for product integration–and no study either.
Performers notified and, if they consent, are paid
when requested to extol a product in scripted
programming. A study of product integration trends
should be conducted.
Background actors
In Western background zones, adds 1 background
actor, excluding 1 stand-in, to the television count
and add 2 background actors, including all standins, to the theatrical count.
Starting in the first contract year, exclude all standins from the count (as they are on East Coast jobs),
while increasing BG numbers by 2, then by 3 more in
the second year, and by 3 additional in the last year.
Additional background zone in New Mexico.
stunt Coordinators’
television residuals
No residuals for TV stunt coordinators.
Residuals for TV stunt coordinators.
DVD residuals
No increase in DVD residuals.
P&H contributions paid on top of the current DVD
formula, thereby increasing the payment 15%.
Force Majeure
Cuts force majeure provisions (protecting actors’
pay) from our contract.
Preserve all force majeure provisions of the contract
that have protected actors’ pay for decades.
Union security in
New Media
Performers engaged to work on a covered new
media production would not be required to
become a member of the Guild in good standing
until they worked for at least ninety (90) days.
SAG rejects this. The current contract says that
membership cannot be required of a performer by a
producer as a condition of employment until thirty
(30) days after first employment.
Mileage
No increase. The current reimbursement rate has
not changed for 30 years.
Increase mileage reimbursement rate from 30¢ to
40¢/mile. The IRS reimbursement is 58.5¢/mile.
Major role premium
Increase from 7.5% to 10%
Increase from 7.5% to 13%.
French Hours
(Motion pictures only)
On a vote of the cast present on the first day of
principal photography, “french hours” would be
instituted, meaning there is no designated meal
break and performers eat when they can.
SAG rejects this proposal to eliminate scheduled
meal times.
8
SPECIAL BULLETIN
WE’RE MAkiNG PRoGRESS
SEVERAl AREAS iN WHiCH WE HAVE REACHED TENTATiVE AGREEMENT
After 44 days of formal negotiations with the full SAG/AMPTP negotiating committees, we have
tentatively agreed to a number of significant proposals.
While some of the proposals are acceptable and will have a positive impact on our contract,
others were very difficult for your negotiators to tentatively approve. We have tentative agreement
on many more issues with which we have disagreement, especially in new media. As is true in any
negotiation, progress is achieved through a give-and-take process by which parties come to mutual
agreement. Sometimes that’s a very painful process.
Screen Actors Guild negotiators do not believe money is the
reason we don’t have a deal. If the AMPTP acknowledges that we
have met almost all of their new media template demands, but
works with us to modify their template in only two areas – contract
coverage for all new media regardless of budget and residuals for
all new media productions – we believe we can quickly reach
agreement on the traditional media and economic issues. So far,
the studios and networks have been unwilling to budge on these
two core principles SAG must protect in this agreement.
In an effort to reach agreement, your committee has made
significant moves in management’s direction on many issues.
We hope to move closer to a successor agreement as informal
discussions by industry and union leaders continue.
The National Negotiating Committee has kept its eye on the
prize, while taking a hard line on core issues that will have a
lasting and potentially harmful impact on your livelihoods. We
have tentatively agreed to proposals, agreed to by the DGA, WGA
and AFTRA, that are much harder to accept.
Compromise is painful but often necessary to make progress
towards reaching an agreement and avoiding a work stoppage.
Areas in which we have tentative agreement include:
increase in Minimums
SAG has tentatively agreed to an increase in minimums of 3.5% in
year one, 3% in year two and 3.5% in year three of the contract.
P&H increases in Year 2
SAG has tentatively agreed to a .5% increase in producer P&H
contributions in the second year of the contract. This brings the
Producer contribution to 15%.
Money Breaks
SAG has tentatively agreed to an increase to $3,000 in the “3-Day
Overtime Money Break for TV” effective July 1, 2009.
New Media
Where the Consumer Pays
On new media platforms where the consumer pays to view TV
programs or feature films for a limited amount of time or a fixed
number of exhibitions, 3.6% of the distributors gross receipts
(DGR) would be divided among the cast. Where the consumer
pays to download to own television programs or feature films
(electronic sell through), the casts would share in 5.4% of 20% of
the DGR up to the first 50,000 units downloaded for features and
up to the first 100,000 units downloaded for television programs.
After reaching the respective unit limits, the formulas would be
increased to 9.75% of 20% of DGR for features and 10.5% of 20% of
DGR for television programs. These increases in the DVD formula
would only apply to downloads, not to DVDs purchased in stores.
That formula remains the same.
Where the Consumer Does Not Pay
On new media platforms where the consumer does not pay and
television programs are “streamed,” we have a tentative agreement.
If a new program for this upcoming season were to be streamed
on the Internet, it would have 24 free streaming days to make
those episodes available for viewing on the website and those 24
9
days could begin streaming prior to or after the air date of that
episode. Then, after the 24 days of streaming, they would have the
right to exhibit the episode for two 26-week periods if they pay 3%
of the applicable minimum for each 26-week period. In the case of
a day performer who works one day, that comes to approximately
$22 for each 26-week period or $44 for the year. After the year
following the streaming window, the performers on the episode
would be entitled to share 6% of DGR. The 3% payment for the
two 26-week periods would increase to 3.5% in 2010. For theatrical
motion pictures on these platforms, the cast will share in 3.6% of
DGR from the initial streaming of the picture.
Clip Consent:
SAG has tentatively agreed to a proposal which preserves
library clip permissions. Prospective clips permission will
be subject to individual negotiations, but outstanding
issues include protections for actors (such as not allowing
clip permission to be a condition of employment).
“If the AMPTP acknowledges
that we have met almost all
of their new media template
demands, but works with us to
modify their template in only
two areas – contract coverage
for all new media regardless
of budget and residuals for all
new media productions – we
believe we can quickly reach
agreement on the traditional
media and economic issues.”
GET INVOLVED WITH YOUR GUILD
These are pivotal times for the future of professional acting.
Your Screen Actors Guild membership card means you’re serious
about your profession, and serious actors get involved. The collective bargaining power of a union is only as effective as the dedication that each member displays.
By staying informed and staying active, you will make a difference.
If you are wondering where to begin, start at the end of this bulletin.
You’ll find a page called “Take action: Here’s how you can help.” Follow the checklist on
that page and you will have begun your journey into activism.
Activism is an ongoing process, so continue to expand your knowledge, attend meetings, talk to your
friends and colleagues, and if you really want a hands-on experience, get involved with MOVE (Member
Organizing Volunteer Efforts). MOVE is a non-partisan creative community of SAG members dedicated
to organizing new work opportunities for SAG members. MOVE will provide training to any member who
wants to help spread the word about the power of organizing. You can be one of the Guild’s go-to activists –
one of the people on the front lines who can truly make a difference.
For more about MOVE, contact the MOVE Hotline at (323) 549-MOVE (6683).
10
SPECIAL BULLETIN
it’s Not New Media-it’s NOW Media
The following is excerpted from SAG NED and Chief
Negotiator Doug Allen’s message to members July 17, 2008:
Another example of how the new media template negatively
impacts actors is its effect on residuals. The AMPTP’s recent
offer to SAG doesn’t include residuals for programs made for
I want to tell you why your national negotiating committee has
new media and streamed again on ad-supported new media
not accepted the June 30 offer put across the table by the Alliance
platforms. So a program originally made for ABC.com could be
of Motion Pictures and Television Producers (AMPTP). For one
available for re-viewing on ABC.com, or any other ad-supported
reason and one reason only: it’s not a good offer. It doesn’t address Internet outlet, as often as possible and forever with no residuals,
enough of your priorities (as outlined in past SAG Contract 2008
no matter how much money is generated or how many times it is
Reports), particularly in new media.
shown. (There is one minor exception: if a program is made for
The AMPTP’s current offer to SAG, which is nearly the same
and re-run on a pay platform like iTunes and the budget is more
for new media as the deals that the DGA, WGA and AFTRA
than $25,000 per minute.)
accepted, has come to be called “the template.” Some of you may
Just as we have shown we can work successfully with lowbe wondering why we don’t just agree to the template established
budget filmmakers, we are flexible and can accommodate
by the other unions.
fledgling new media productions under
The template doesn’t protect actors, and
SAG contracts. We have offered to base
while we may be the last union to come
made-for new media residuals on a
RAPID CHANGE
to the table, we still have the obligation to
percentage of revenue with no fixed
address the issues that are most important
obligation. If there is no money generated,
MARCH 12, 2008- Fox and NBC
to you. We have had the extra time to
no residuals are paid. But if revenue
launch Hulu.com, making hit TV
effectively assess the impact of rapid
is generated from programs available
shows free of charge on the Internet.
technological and marketplace changes,
over time, actors should receive residual
and after careful analysis, we don’t believe
payments. So far, management’s negotiators
MARCH 13, 2008- Disney CEO
the template works for SAG members.
have rejected SAG’s reasonable solution,
expects company to gross $1 billion
In the six months since the Directors
while management’s proposal could mean
in 2008 digital revenue.
Guild of America reached a deal with the
the beginning of the end of residuals.
AMPTP, the landscape in digital media
What some among our employers –
APRil 16, 2008- U.S. online video
has dramatically shifted. The seven global
the major global media conglomerates
views reported to have exceeded
conglomerates that own the motion picture
– insist on terming “new media” is really
10 billion in February.
studios and television networks are so
“now media.” It is urgent, instant and
JUNE 10, 2008- NetFlix Web-to-TV
confident in digital media prospects that
immediate. That’s why achieving a fair
set-top boxes sell out in less than
they are putting up huge dollars to fastcompensation formula now, in all forms
three weeks.
track their technology deals.
of media, and confirming jurisdiction
The DGA and WGA represent writers
from the first dollar of the production
JUNE 24, 2008- Fox, NBC, ABC,
and directors, not actors. Their resolution
budget, are core objectives of the SAG
Disney, Sony, CBS, and
of the new media issues may work for
National Negotiating Committee. Your
Disney all are distributing their conthem, but it doesn’t address your specific
National Negotiating Committee takes its
tent on the Web with ad-supported
needs. The DGA and WGA agreed to allow
responsibility very seriously. We want to
revenue.
producers to make new media productions
make a deal as soon as possible, but we
entirely non-union, at the producers’
don’t want to make a deal that hurts actors.
For a more comprehensive trends
option, for projects below budgets of
No deal is better than a bad deal that
analysis, go to http://www.sag.org/files/
$15,000 per minute (effectively, almost
allows
non-union productions by our
documents/Media_Trend_Final.pdf.
all new media productions for the
employers and snuffs out residuals for
foreseeable future).
projects made for and rerun on new media
Most union directors and writers
platforms. We don’t need to experiment on
don’t have to worry about large non-union pools of trained and
the backs of actors. Our real world and practical experience has
talented competitors, but union actors do. Non-union principal
taught us how to provide union benefits and protections in low
and background actors already compete for your jobs, especially
budget productions.
outside of New York and California. It makes no sense for SAG to
Management’s resistance is frustrating, but we have to be
agree to allow the studios and networks to exacerbate our problem patient. The stakes are too high to concede jurisdiction and
by giving them a pass to produce entirely non-union under a SAG residuals for programs made for new media. That future is now,
union contract. We are a union, and our mission and obligation to and if we ignore it, it will pass actors by and this generation and
all of our members nationwide is to promote union jobs.
future generations of actors will never recover.
11
TAKE ACTION: Here’s how you can help
1
2
Return your response card now.
The most important action you can take after reading this bulletin is to find
your response card inside this publication, complete it, and mail it right now.
We need to hear from you about your thoughts on the negotiations.
Learn more about Contract 2008 by
going to SAG.org.
rView Contract 2008 reports.
rWatch SAGtV videos.
rRead the SAG talk blog.
rRead the latest SAG electronic and print
communications.
3
4
“Sign” the Solidarity Statement
supporting the SAG Negotiating
Team by submitting your name
and member number.
r&NBJM$POUSBDU!TBHPSH
Follow up if you still have questions.
r E-mail questions to [email protected] or
call (323) 549-6665.
r Attend any upcoming town hall meetings or
special informative events we may schedule.
@
5
Spread the word,
as outlined in
this bulletin.
KNOWLEDGE IS
POWER!
Together we can
achieve a fair
contract.
2
SPECIAL BULLETIN
WHY SAG IS HOLDING THE LINE
We cannot endorse a contract that makes non-union production in new media acceptable.
You deserve residuals in new media, which will be the distribution path for most television and
film in the near future.
You should have the choice whether to promote a product in a scripted TV show or movie, and
you should be paid to do so.
There hasn’t been an increase in the mileage reimbursement rate since 1980. Meanwhile, gas
prices are nearly $4 a gallon.
“Force majeure” ensures actor pay in the event that unforeseeable circumstances shut down a
production. Your employers want to take away that collective bargaining provision.
The needs of background actors and stunt coordinators have been ignored for too long.
Negotiations comments or questions? Let us know. E-mail us at [email protected]
or call the negotiations hotline at (323) 549-6665.
Most of the issues brought to the table by SAG and AMPTP have been settled by tentative agreement, but a few hugely important
issues still divide us. We are working hard to resolve the remaining roadblocks, but want to be sure that you know what they are,
and we need your input. Please read this vital information and use the enclosed response card to let us know how you feel about the
AMPTP’s offer. Your future as an actor depends on it.
SCREEN ACTORS GUILD
c/o Integrity Voting Systems
P.O. Box 388
Everett, WA 98206
FORWARDING SERVICE REQUESTED
URGENT: IMPORTANT INFORMATION ABOUT NEGOTIATIONS INSIDE. RESPONSE cARD
ENclOSED. PlEASE cOMPlETE yOUR cARD, AND MAIl IT BAck RIGhT AwAy.