Prior to the commencement of negotiations for TV/Theatrical/Streaming contracts, the SAG-AFTRA Negotiating Committee took a significant decision to allow independent producers falling within the scope of the strike order to seek an Interim Agreement.
As the strike enters its third week, the issue of interim agreements remains a subject of debate and contemplation within SAG-AFTRA, with different perspectives emerging from the membership regarding their effectiveness and implications. Union leaders may continue to address these concerns and seek ways to maintain unity and solidarity among their members during this critical period.
This move aimed to ensure that while the strike was directed solely at the AMPTP companies, independent productions adhering to the terms of the Interim Agreement would not be affected. The strategic purpose behind this decision was to safeguard the welfare of journeyman performers and crews, providing them with an opportunity to sustain themselves and their families during the strike while maintaining the union’s strength, solidarity, and advantage over the AMPTP until a desirable deal was reached.
The Interim Agreement, as clarified, is not a waiver but a comprehensive contract that encompasses all terms and conditions for producers seeking to employ union members in their independent projects. Each project requesting an Interim Agreement is meticulously evaluated and approved by the union to ensure its independence from the AMPTP, with the exception of extraordinary circumstances dictated by legal considerations.
According to SAG-AFTRA, the terms of the Interim Agreement were meticulously designed by the Negotiating Committee and the Contracts Department to reflect the proposals being bargained for in negotiations, with independent producers required to agree to all terms without exception, including the proposals previously rejected by the AMPTP.
The primary reasons for creating the Interim Agreement were multi-faceted, all aimed at safeguarding the interests of union members, navigating the strike successfully, and demonstrating to the AMPTP that other producers are eager to collaborate with union members under these terms. It ensures that members can work for non-struck companies and proves that the rejected wage increases and other terms are, in fact, reasonable and appropriate.
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The discussion surrounding interim agreements has been amplified by recent developments involving prominent members of the union. One significant event was Viola Davis‘ announcement that she would be stepping away from the MRC film G20, which was set to be distributed by Amazon. While MRC is not a member of the AMPTP, Amazon, as a producer, belongs to the alliance. Despite the interim agreement granted to the film by SAG-AFTRA, Davis stated that she did not feel it would be appropriate for the production to proceed during the ongoing strike.
In a similar vein, comedian Sarah Silverman also expressed concerns about the interim agreements and their potential implications. She argued that independent projects granted these agreements might eventually be sold to companies like Netflix or Apple, whose production subsidiaries are part of the AMPTP. Silverman’s contention is that the union’s willingness to allow these projects to move forward under the interim agreements hinges on the understanding that if they are eventually sold to streaming platforms, those platforms must abide by the terms and conditions SAG-AFTRA is seeking in the overall negotiations. She emphasized that the strike’s conclusion will come when the AMPTP returns to the negotiating table, and a mutually acceptable agreement is reached.
These concerns raised by Davis and Silverman shed light on the complexities of the interim agreements and their potential impact on the union’s overall bargaining strategy. While the agreements aim to provide opportunities for union members to work amid the strike and demonstrate the viability of the union’s proposals, some members fear that the sales of these independent projects to AMPTP-affiliated platforms may undermine the union’s leverage in the long run.
In a message sent last night to its members, SAG-AFTRA said the Interim Agreement serves as a “testing ground” for the proposed residuals formulas, including streaming revenue-sharing, to showcase their economic viability within the industry prior to a ratified deal with the AMPTP stemming from negotiations.
In the event that an Interim Agreement project is distributed during the strike, members will receive the full benefits of the improved agreement terms. Post the ratified deal with the AMPTP, the Interim Agreement will conform to the final terms of the agreement, fairly compensating and safeguarding union members.
Moreover, the Interim Agreement encourages production budgets to be directed towards union-covered projects that employ union members, rather than supporting non-union foreign productions.
The union recognizes concerns that the Interim Agreement may produce content for struck companies to distribute. However, they are confident that the terms of this agreement, particularly the streaming revenue share, would render distribution of these projects through AMPTP platforms unfeasible until an industry-wide agreement has been achieved.
The union believes that the leverage generated by increasing competitive pressure on the AMPTP and withholding what the AMPTP desires most will ultimately compel them to return to the negotiating table and facilitate an end to the strike.
Throughout the strike, the union remains steadfast in its commitment to negotiate fair compensation and safe working conditions for its members, expressing gratitude for their continued support during this period.
Some of the projects that have been granted interim agreements include A24’s Death of a Unicorn, which features Paul Rudd and Jenna Ortega. Additionally, Mother Mary, starring Anne Hathaway and Michaela Coel, has also received an interim agreement. These films, produced by A24 and Mother Mary Productions respectively, will be able to move forward with their productions under the terms outlined in the interim agreements.
Furthermore, Hammerstone Studios’ Flight Risk, starring Mark Wahlberg, has also been granted an interim agreement by SAG-AFTRA, allowing it to proceed amid the strike. Similarly, the television series The Chosen from Out of Order Studios and the production Bride Hard by Balcony 9 Productions, featuring Rebel Wilson, have received waivers.
