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Posted Hide Post
quote:
Originally posted by DirtySexyJ:
quote:
Originally posted by TV-aholic:
So much of hollywood is union, other union professionals wouldn't work for non union writers.

If you are a union writer and work during the strike, you will no longer be in the union. An All For One and One For All thing.[QUOTE]Originally posted by WelcomeToK-Ville:
Does anyone know if non-WGA writers can come in and write scripts to replace those WGA writers who are on strike? It seems like shows for a time could just do a switch. Also, I feel bad for the 10% of WGA members who didn't want to strike. Those people should be allowed to work while the other 90% of writers are being stubborn.


There is no support for this strike from the labor unions

IATSE is not supporting this walk out. The Teamsters, they will not cross but it will be up to each individual whether to cross or not. The writers on my show make great money they are paid 2x more than the highest paid crew member plus they recieve residuals. It may be they need more but 250,000 workers will lose jobs over a couple pennies on DVD sales . In one month a few BILLION dollars will be sucked out of So Cal. It will further the pain for those recovering from fires, it will further the pain of the Real Estate collapse, this is the wrong thing to do. The Writers should continue to WORK while negotiating a new contract.You will just hurt the workers, not the studios or the corps, you hurt Americans not the Companies they work for. Its easy when you are paid RESIDUALS from show you penned in the past, easy to Strike when you know there will be something. What THE FU** will the crews that make your shows do for income? Another FU, did anyone think about that? YOU ARE NOT HURTING DISNEY, FOX, VIACOM, SONY, you are hurting the other UNIONIZED workers, over pennies. An industry full of Negotiators and you cannot work this out? Comon Producers, Comon Writers? You want more money? You are unfairly compensated? What a joke. Try working for a living then complaining , you make more than most Physicians, you make more than the President of The USA, some of you are the RICHEST PEOPLE at THE STUDIO. The LOWEST PAID WRITER MAKES MORE THAN THE HIGHEST PAID CREW MEMBER, and that is not counting residuals. And yeah the crew makes the SHOW happen, it brings the words to life, and we work 20 hours per day making YOU RICH! Thanks for thinking of us


Unions have collective agreements in place that would not allow their members to strike in support of another union. If they did, it would be in violation of their own collectitive agreements. Therefore, you can't state that other unions do not support the WGA stance.


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Posts: 2591 | Registered: 20 September 2006Reply With QuoteEdit or Delete MessageReport This Post
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Posted Hide Post
quote:
Originally posted by Zedman2:
quote:
Originally posted by Gleebo:
quote:
Originally posted by Julianne:
The strike begins Monday 12:01 AM. WGA wants to settle but no one's budging on the DVD and web residuals issue.


Any one else find it terribly ironic that DVD and internet options are what the writers are striking about? Seems counter productive on both ends considering that the longer the strike goes the less episodes there are to get paid for when their show is put on DVD.

How lonely will a 3 disc Heroes season 2 DVD set look next to the glorious 7 disc season 2 set?


I believe the followin is the WGA's key issues:

Homevideo residuals. The WGA's seeking a doubling of the base rate for calculating payouts, from 20% to 40%; the AMPTP's resisting. Handel believes the WGA's put so much stock in this issue that it will achieve an increase to 25% or 30%; Samnick predicts the companies won't give in, since the increase would have to be included in the new pacts for the DGA, SAG and IATSE.

New-media residuals. The WGA's seeking 2.5% of receipts, while the AMPTP wants to expand the definition of Internet residuals, which are currently set at 1.2% for limited use, with the homevid formula for permanent use. "I think this may be the single toughest issue to resolve," Bierman said.

Made for new media. The WGA's seeking jurisdiction, with TV minimums applying -- pro-rated in one-minute increments with a two-minute floor -- with residuals paid for even the first use. The AMPTP's asking for the status quo, which includes pension and health contributions.

Promotional use. The WGA's asking for residuals on any use of streaming video; the AMPTP's put up especially strong resistance, asserting promotional use of its property is essential to keeping the biz healthy and for maintaining TV audiences.

Reality TV. The WGA's asking for coverage of reality, and the AMPTP's resisting. The WGA has insisted that this remains a key issue, but its strike rules don't bar members from working in reality. "The Guild has signaled it will not press this issue," Handel said. "I think reality is dead as a matter of WGA jurisdiction."

The CW. The WGA's seeking network minimums and residuals for the CW, while the AMPTP wants to keep the current lower rates. Handel believes little increase is likely, though some kind of intermediate rates -- much like the gradual rate increases granted for work done for Fox in the 1990s -- could be imposed.

Term of the agreement. The WGA is seeking three years, and the AMPTP wants four. Handel believes it will be a three-year deal to keep the WGA expiration aligned with the DGA and SAG deals -- both which expire June 30.


great post..

Promotional is a ridiculous demand, Reality also ridiculous. I agree with the other demands on the table and the Producers should meet em half way and get this done. A promotion is a promo, it should be free to all, ultimately helping both Writer and Producer as audiences grow so do scales of economy and pay.

Reality, unscripted editorily controlled is not under the scope of a WGA contract and should not be added now, nor should animation its covered under another collective agreement.
 
Posts: 195 | Location: Hollywood | Registered: 19 October 2007Reply With QuoteEdit or Delete MessageReport This Post
Picture of DirtySexyJ
Posted Hide Post
quote:
Originally posted by Zedman2:
quote:
Originally posted by DirtySexyJ:
quote:
Originally posted by TV-aholic:
So much of hollywood is union, other union professionals wouldn't work for non union writers.

If you are a union writer and work during the strike, you will no longer be in the union. An All For One and One For All thing.[QUOTE]Originally posted by WelcomeToK-Ville:
Does anyone know if non-WGA writers can come in and write scripts to replace those WGA writers who are on strike? It seems like shows for a time could just do a switch. Also, I feel bad for the 10% of WGA members who didn't want to strike. Those people should be allowed to work while the other 90% of writers are being stubborn.


There is no support for this strike from the labor unions

IATSE is not supporting this walk out. The Teamsters, they will not cross but it will be up to each individual whether to cross or not. The writers on my show make great money they are paid 2x more than the highest paid crew member plus they recieve residuals. It may be they need more but 250,000 workers will lose jobs over a couple pennies on DVD sales . In one month a few BILLION dollars will be sucked out of So Cal. It will further the pain for those recovering from fires, it will further the pain of the Real Estate collapse, this is the wrong thing to do. The Writers should continue to WORK while negotiating a new contract.You will just hurt the workers, not the studios or the corps, you hurt Americans not the Companies they work for. Its easy when you are paid RESIDUALS from show you penned in the past, easy to Strike when you know there will be something. What THE FU** will the crews that make your shows do for income? Another FU, did anyone think about that? YOU ARE NOT HURTING DISNEY, FOX, VIACOM, SONY, you are hurting the other UNIONIZED workers, over pennies. An industry full of Negotiators and you cannot work this out? Comon Producers, Comon Writers? You want more money? You are unfairly compensated? What a joke. Try working for a living then complaining , you make more than most Physicians, you make more than the President of The USA, some of you are the RICHEST PEOPLE at THE STUDIO. The LOWEST PAID WRITER MAKES MORE THAN THE HIGHEST PAID CREW MEMBER, and that is not counting residuals. And yeah the crew makes the SHOW happen, it brings the words to life, and we work 20 hours per day making YOU RICH! Thanks for thinking of us


Unions have collective agreements in place that would not allow their members to strike in support of another union. If they did, it would be in violation of their own collectitive agreements. Therefore, you can't state that other unions do not support the WGA stance.


IATSE does not support this action by the WGA, and the International is very matter of fact about this.

Yes you are correct our contract prevents us from striking but that is far different than the fact IATSE is not supporting WGA. As a matter of fact the WGA is attempting to negotiate Items belonging to IATSE in the current contract negotiation, not a good way to garner support from labor unions.
 
Posts: 195 | Location: Hollywood | Registered: 19 October 2007Reply With QuoteEdit or Delete MessageReport This Post
Posted Hide Post
So it begins!! How long will it last?

Peace!
 
Posts: 951 | Registered: 10 November 2006Reply With QuoteEdit or Delete MessageReport This Post
Posted Hide Post
your guess is as good as mine.


coming soon
 
Posts: 22 | Location: near Peterborough | Registered: 03 November 2007Reply With QuoteEdit or Delete MessageReport This Post
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Sitcom Strike Shutdown Rundown
from tvweek.com

With the strike entering its second day, several sitcoms have shut down production, including Fox’s “Til Death,” CBS’ “The Big Bang Theory” and “Two and a Half Men.”

Sitcoms were expected to be among the first wave of shows to hit by the strike. The production process for multi-camera comedies includes rewriting of scripts right up until the day of shooting, which means they were on a short leash once the scribes walked.

The reason some comedies are still in production is because they are single-camera shows, and therefore require shots planned further in advance—along with completed scripts to plan those shots. However, one studio representative cautioned that such reasoning could not be applied in every case.

Read More about individual shows production status


===========================================================================


 
Posts: 15584 | Location: Indiana | Registered: 20 September 2006Reply With QuoteEdit or Delete MessageReport This Post
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Posted Hide Post
From New York Times (Source):


February 10, 2008
Tentative Deal Is Reached in Writers' Strike

By MICHAEL CIEPLY

LOS ANGELES — An end to Hollywood’s long and bitter writers’ strike appeared close on Saturday, as union leaders representing 12,000 movie and television writers said they had reached a tentative three-year deal with production companies.

The strike, which began Nov. 5, remains in effect until the governing boards of the two writers’ guilds gauge the sense of their membership in mass meetings on both coasts this weekend and decide whether to end the walkout. The boards are expected to meet as early as Sunday, and the strike could be over by Monday morning.

A resolution would be good news for the producers, who have been patching together prime-time schedules with reruns and reality shows and have delayed some of their feature film plans. It would also bring relief to the Academy of Motion Picture Arts and Sciences, which was nervously making plans for an Oscar night on Feb. 24 without writers or stars.

Late-night talk shows that have operated without writers would benefit immediately. Shows like NBC’s “Late Night with Conan O’Brien” and the “Tonight Show with Jay Leno” are already inviting writers back to work on Monday, assuming the strike ends. Dramas and comedies like Fox’s “24” and “Back to You” are likely to take weeks to get back in production. Weaker shows might not return at all, and shake-ups in network planning might delay the return of some shows, even though production would soon be possible.

The agreement would let writers claim to have bettered a similar deal achieved last month between the production companies and the Directors Guild of America. In the third year of the Writers Guild deal, writers will be paid a percentage of the distributor’s revenue rather than the flat fee for Web-streamed television shows granted to the directors. The writers had insisted on this issue to ensure they not lose out on any new-media windfall the studios and networks may get from Web video. The producers yielded on this point — and the directors did not push it —arguing that Internet distribution is unlikely to become a significant business during the length of these contracts.

Word of the tentative deal came on Saturday in an early morning e-mail message to members of the Writers Guild of America West and the Writers Guild of America East. The deal was to be reviewed by members at previously scheduled meetings here and in New York on Saturday.

In their e-mail message, Patric M. Verrone, president of the West Coast guild, and Michael Winship, his East Coast counterpart, said: “Much has been achieved, and while this agreement is neither perfect nor perhaps all that we deserve for the countless hours of hard work and sacrifice, our strike has been a success.”

While approval appears likely, members have warily debated the expected agreement all week, and they are certain to scrutinize the details closely. Members at the New York meeting on Saturday afternoon appeared largely upbeat, according to a writer who attended but spoke on condition of anonymity to avoid conflict with union leaders. But several questioners said they did not fully understand the contract, and some asked why the unions were being asked to lift the strike so quickly.

“It’ll be nuclear winter if we don’t ratify this,” said Terry George, a negotiating committee member, in response to one query. “If we don’t ratify this now, they can take everything back.” Speaking at the meeting, Mr. Winship drew substantial applause when he declared: “It is no exaggeration to say, a new era has begun.”

Speaking outside the New York meeting, Carmen Culver, who has written television movies and miniseries, said “the mood was more positive, certainly, than not.” She added, “There also, of course, lots of questions.”

Spokesmen for the writers and for the Alliance of Motion Picture and Television Producers, which represents over 300 production companies, declined to comment.

The walkout, Hollywood’s longest since writers went on strike for five months in 1988, shut down dozens of television shows, slowed development of feature films and threw tens of thousands of people out of work.

Writers had demanded a much bigger share of returns from new media than they had received in the past from the distribution of shows on older media like cassettes and DVDs, as well as expanded jurisdiction over reality television and animated features.

Company representatives initially responded by insisting on a complete revamping of Hollywood’s time-honored residuals system, under which writers, directors, actors and others are paid for re-use of their work on television and home video.

As the more expansive demands for wider jurisdiction and a narrowing of residuals were dropped, the sides were finally left with a more conventional negotiation. That turned on precise amounts of, and methods for calculating, payments for the growing digital distribution of shows in the next three years.

In Hollywood, excitement about a possible return to work has been dampened by widespread realization that the Screen Actors Guild, which represents 120,000 actors, is approaching a contract negotiation no less difficult than the writers’ talks.

A memorandum sent to some writers guild members summarized a four-hour meeting on Friday in which union leaders briefed a group of 300 strike captains. According to the memorandum, the captains were deeply divided as to whether the strike should be lifted before a full membership vote.

“Returning to work prior to an actual vote signaled it was over and felt undemocratic,” the memo sent to some guild members said, in summarizing the discussion. “Others felt the deal was being ‘rammed down our throats’ too quickly,” while still others felt that “returning to work was imperative.”

If members balk at an immediate return, the guilds could organize a rapid-fire vote by fax, Web and in meetings, polling writers over the next few days rather than ending the strike by board action. An accelerated member vote might put writers back to work by Wednesday.

The tentative agreement became possible when the sides reached a handshake deal nine days ago on a crucial term under which writers would be paid a fixed residual amounting to about $1,300 for the right to stream a television program online. In the third year of their contract, the writers would achieve one of their major goals: payments amounting to 2 percent of the distributor’s revenue from such streams.

The percentage formula is viewed by many writers as protection against the possibility that traditional reruns — which have paid them residuals amounting to tens of thousands of dollars per episode in the past — will disappear because of Web streams in the near future.

Other major gains include a pay plan that pegs residuals for electronic downloads of movies and televisions shows at nearly double the rate paid historically for DVDs, and calculates the rate as a percentage of the distributor’s revenue, junking an old formula.

The tentative agreement grew from a week-long, and sometimes heated, exchange of contractual provisions. Informal talks between guild leaders and key executives — primarily Robert A. Iger, the chief executive of the Walt Disney Company, and the president of News Corporation, Peter A. Chernin — began immediately after companies reached a deal with the directors guild in mid-January, pointing toward solutions that helped resolve the dispute with writers.

Television viewers began seeing the effects of the strike firsthand in the last few weeks, as scripted shows faded further into reruns and networks started promoting reality shows like “American Gladiators” on NBC that do not employ guild writers.

At the Friday strike captains’ meeting, Mr. Verrone said his guild had achieved two of its three prime objectives by securing coverage over Internet work and locking in a residuals formula for new media. According to the memorandum describing the meeting, Mr. Verrone called the failure to win jurisdiction over reality television and animation “a heartbreaking loss for him personally,” though he vowed to continue the fight.

Bill Carter and Colin Moynihan contributed reporting from New York.
 
Posts: 3598 | Registered: 20 September 2006Reply With QuoteEdit or Delete MessageReport This Post
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This morning, the WGA sent an email to its members announcing a tentative deal with the AMPTP. Attached is the letter, along with the terms of the tentative agreement.

"To Our Fellow Members,

We have a tentative deal.

It is an agreement that protects a future in which the Internet becomes the primary means of both content creation and delivery. It creates formulas for revenue-based residuals in new media, provides access to deals and financial data to help us evaluate and enforce those formulas, and establishes the principle that, "When they get paid, we get paid."

Specific terms of the agreement are described in the summary at the following link - http://www.wga.org/contract_07/wga_tent_summary.pdf - and will be further discussed at our Saturday membership meetings on both coasts. At those meetings we will also discuss how we will proceed regarding ratification of this agreement and lifting the restraining order that ends the strike. Details of the Los Angeles meeting can be found at http://www.wga.org/subpage_member.aspx?id=2763.

Less than six months ago, the AMPTP wanted to enact profit-based residuals, defer all Internet compensation in favor of a study, forever eliminate "distributor's gross" valuations, and enforce 39 pages of rollbacks to compensation, pension and health benefits, reacquisition, and separated rights. Today, thanks to three months of physical resolve, determination, and perseverance, we have a contract that includes WGA jurisdiction and separated rights in new media, residuals for Internet reuse, enforcement and auditing tools, expansion of fair market value and distributor's gross language, improvements to other traditional elements of the MBA, and no rollbacks.

Over these three difficult months, we shut down production of nearly all scripted content in TV and film and had a serious impact on the business of our employers in ways they did not expect and were hard pressed to deflect. Nevertheless, an ongoing struggle against seven, multinational media conglomerates, no matter how successful, is exhausting, taking an enormous personal toll on our members and countless others. As such, we believe that continuing to strike now will not bring sufficient gains to outweigh the potential risks and that the time has come to accept this contract and settle the strike.

Much has been achieved, and while this agreement is neither perfect nor perhaps all that we deserve for the countless hours of hard work and sacrifice, our strike has been a success. We activated, engaged, and involved the membership of our Guilds with a solidarity that has never before occurred. We developed a captains system and a communications structure that used the Internet to build bonds within our membership and beyond. We earned the backing of other unions and their members worldwide, the respect of elected leaders and politicians throughout the nation, and the overwhelming support of fans and the general public. Our thanks to all of them, and to the staffs at both Guilds who have worked so long and patiently to help us all.

There is much yet to be done and we intend to use all the techniques and relationships we've developed in this strike to make it happen. We must support our brothers and sisters in SAG who, as their contract expires in less than five months, will be facing many of the same challenges we have just endured. We must further pursue new relationships we have established in Washington and in state and local governments so that we can maintain leverage against the consolidated multinational conglomerates with whom we bargain. We must be vigilant in monitoring the deals that are made in new media so that in the years ahead we can enforce and expand our contract. We must fight to get decent working conditions and benefits for writers of reality TV, animation, and any other genre in which writers do not have a WGA contract.

Most important, however, is to continue to use the new collective power we have generated for our collective benefit. More than ever, now and beyond, we are all in this together."

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE


SUMMARY OF THE TENTATIVE
2008 WGA THEATRICAL AND TELEVISION BASIC AGREEMENT
This is not a complete summary. The Memorandum of Agreement shall prevail in the case of any inconsistency.
Term of Agreement
From resumption of work through May 1, 2011.

Minimums

Minimum rates generally increase 3.5% each year. The exceptions are: network prime time rates and daytime serial script fees increase 3.0% each period; program fees and the upset price increase once by 3% in the second year; and clip fees increase once by 5% in the third year.

Writing for Made-for New Media

Coverage: The WGA is recognized as the exclusive bargaining representative for writing for new media (such as Internet or cellular technology). Writing for new media is covered by the MBA if:
(1) it is written by a “professional writer” (anyone with a single TV or screen credit, 13 weeks of employment in TV, film or radio, a professionally produced stage play credit or a published novel) or
(2) the program is derivative of an MBA-covered program or
(3) if the budget is above any of three thresholds: $15,000 per minute; $300,000 per program; or $500,000 per series order. If initially not covered due to the projected budget but later costs exceed a threshold, the program/series is covered retroactively.

Compensation: If a new media program is derivative of an MBA-covered program, minimums for initial compensation apply. The minimum for derivative dramatic programs is $618 for programs up to two minutes, plus $309 for each additional minute. The minimum for derivative comedy-variety and daytime serials is $360 for programs up to two minutes, plus $180 for each additional minute. The minimum for all other types of derivative programs is $309 for programs up to two minutes, plus $155 for each additional minute. Regardless of the length of the program initial compensation can be no less than the two minute rate. For original programs initial compensation is negotiable.

Pension and Health Insurance: MBA pension and health provisions apply to all coveredwriting for new media programs.

Credits: The Guild shall determine credits on all covered new media programs. Credits must appear on-screen (or on a link to the program) if anyone else receives such credit.

Television Reuse: If a covered new media program is reused in traditional media, the usual residuals for a television program apply with minor modifications.


Separated Rights: Creators of original new media material are protected as follows:
(1) If you create an Internet program that becomes a TV series or feature film which you write, traditional separated rights apply.
(2) If you write original material for an Internet program and the Company wants to use it for a TV series or feature film to be written by someone else, the Company must purchase rights from you. The Company may acquire the rights at any time, but separate compensation must be paid. If you want to sell those rights to another studio, the Company has a right of first refusal.
(3) If you create an Internet program that is the equivalent of a traditional TV series over $25,000 per minute and 20 minutes in length) you are entitled to the same rights as in (2) above, plus sequel payments for each Internet episode based on your program.

Internet Residuals: Initial compensation covers writing services and 13 weeks of availability in new media when the viewer does not pay, and 26 weeks of availability in new media when the viewer pays. After those periods, certain residuals are payable: (i) if a new media program derived from an MBA-covered program or an original new media program with a budget higher than $25,000 per minute is reused in new media, the new media reuse provisions described below apply, except that electronic sell-through is paid at 1.2% of distributor’s gross receipts; and (ii) for original new media programs, the residual for ad-supported streaming is negotiable, while reuse where the viewer pays is compensated at 1.2% of distributor’s gross receipts.
Other Guild Provisions: A number of standard guild provisions apply to all covered new media programs: Guild shop (writers must join the WGA), no-strike/no-lockout, grievance and arbitration, and timely payment.

Reuse in New Media

Distributor’s Gross Receipts: All revenue-based residuals in new media employ a definition of “distributor’s gross” which eliminates the accounting uncertainty inherent in the concept of “producer’s gross” as found in the home video/DVD formula.

Download Rentals: If the viewer pays for limited new media access to a program, residuals are paid at the rate of 1.2% of distributor’s gross receipts.

Download Sales (Electronic Sell-Through): If the viewer pays for permanent use of the program, residuals are paid at 0.36% of distributor’s gross receipts for the first 100,000 downloads of a television program and the first 50,000 downloads of a feature. After that, residuals are paid at 0.7% of distributor’s gross receipts for television programs and 0.65% for feature films.

Theatrical Ad-Supported Streaming: Ad-supported streaming of feature films produced after July 1, 1971 is payable at 1.2% of distributor’s gross receipts.

Television Ad-Supported Streaming (Library): Ad-supported streaming of television programs produced after 1977 (and a small number produced prior to 1977) are payable at 2% of distributor’s gross receipts.

Television Ad-Supported Streaming (New Programs): Ad-supported streaming of television programs is payable at 2% of distributor’s gross receipts one year from the end of an initial streaming window.

Initial Streaming Window: There is an initial window of 17 days (24 days for episodes of the first season of a series, one-off television programs, and MOWs) with no residual. This window must include or occur contiguous to the initial television exhibition.

Residual Payment (Network Prime Time): In the first and second years of this contract, after the initial window, for network prime time television programs, a fixed residual of 3% of the residual base (“applicable minimum”) is paid for each of up to two 26-week periods. For an hour program, this fee is $654 per period in the first year of the contract; $677 per period in the second year. For a half-hour the figures are $360 and $373. In the third year of this contract, the 2% of distributor’s gross formula is applied immediately after the initial streaming window. The contract sets an imputed value for up to 26 weeks of such distributor’s gross at $40,000 for an hour program and $20,000 for a half hour program. So, for the third year the formula pays a residual of $800 for an hour program and $400 for a half hour program for each potential 26-week period in the year after the initial streaming window. If the Network’s exclusivity expires prior t! o one year after the end of the initial window, the 2% of distributor’s gross receipts begins without the imputed value. In the case of a 26-week period being truncated by the end of the year after the end of the initial streaming window, the payment is prorated.

Residual Payment (All Other Programs): After the initial streaming window, a fixed residual of 3% of the residual base (the “applicable minimum”) is paid for each of up to two 26-week periods in the first two years of this contract. In the third year of this contract, the payment rate rises to 3.5% of the residual base.

Fair Market Value: New media residuals based on transactions between related parties are subject to a test of reasonableness when compared to transactions between unrelated parties. Access to Information: The companies agree to provide the Guild with access to new media deals and distribution statements, without redaction, and usage data during the term of the contract.

Clips: Clips are defined as excerpts of less than five minutes for episodic TV or ten minutes for features or long-form TV. A company can use a clip for a promotional purpose without payment. Where a clip is not promotional and the viewer does not pay, the fee for the clip in new media is paid at the rate of the lesser of $50 or the residual payable under the Reuse Sideletter for a clip under two minutes; the lesser of $150 or the residual payable the Reuse Sideletter for a clip between two and four minutes; and for a clip longer than four minutes, the residual payable under the Reuse Sideletter. Where the viewer pays, the fee for use of a clip is 1.2% of distributor’s gross receipts.

Promotion: A clip can be used without payment to promote theatrical, television or new media exhibition if the clip contains “tune-in”, rental or purchase information. No payment is due for non-commercial “viral” release of clips from a theatrical or television motion picture. Promotion
does not include the use of clips if the primary purpose of the exhibition is to permit viewing of archived or aggregated clips on a new media site (e.g., dailyshow.com).

Pension and Health Fund Provisions

Health Fund: The contribution rate shall continue to be 8½% from the start of the contract through September 30, 2008. The contribution rate shall be 8% for the period of October 1, 2008 through March 31, 2009. Thereafter the rate shall return to 8½%. A sideletter resolves a pending dispute about the Health Fund contribution rate.

Pension Fund: The contribution rate remains at 6% for this contract.

Contribution Caps: For theatrical motion pictures and long-form television motion pictures, the ceiling on which Pension Plan contributions are based is increased to $225,000 ($450,000 for team of 3). For long-form television motion pictures, the ceiling on which Health Fund contributions are based is increased to $250,000 ($500,000 for a team of 3). A cap of $350,000 ($700,000 for a team of 3) is established as the ceiling on which Pension Plan and Health Fund contributions are based for daytime serial writers.

Other: The Guild and the Companies will jointly fund a study of new IRS regulations. We agreed how contributions will be paid when a writer is employed on a development deal under Article 14.E.2. and, under the same contract, is employed to perform Article 14.K. services on a series for which the writer receives additional money which is not creditable.

Other Provisions

Made-for Pay TV Residuals: The annual residual payments increase from $3,000 to $3,500 for a half-hour program and from $5,000 to $6,000 for an hour program.

Product Integration: The company will consult with the showrunner when a commercial product is to be integrated into the storyline of an episode of a dramatic series.

Showrunner Training Program: The AMPTP and Networks will increase funding for this program to: $225,000 for year 1 of the MBA; $150,000 for year 2; and $150,000 for year 3.

Television Recap Clips: The total length of clips that can be used to recap the story in a 60-minute or longer program is extended from 90 seconds to 3 minutes before requiring payment.

Tri-Guild Audit Fund: The companies renew the funding of the Tri-Guild Audit Fund.

Residuals Reporting/Electronic Data Transfer: Each company shall meet with the Guild to establish a method of transfer for electronic reporting of residuals information.

Lists of Arbitrators: Arbitrators were added to the lists by both the Guild and the companies.

Foreign Remakes: Alternative terms were agreed for foreign remakes of MBA-covered scripts.

Limited Syndication of Half-Hour Programs: A little-used sideletter specifying a discounted residual for half hour series in limited syndication was renewed.

Television Separated Rights for a Derivative Theatrical Film: The company has an opportunity to match an offer to purchase feature film rights from the separated rights holder.

Committee on Alternative Digital Broadcast Channels: The Guild agreed to participate in a committee to explore the use of alternative digital broadcast channels.


Start Here

 
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