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WGA issues ‘Pattern of Demands’ for Major Contract Improvements

January 1, 2011 The Law No Comments

Goals include increases in minimums, pension and health, home video residuals and new media reuse, and revamps of pitching process.

The WGA signaled Wednesday that its 2011 studio contract negotiations, still unscheduled, might not be easy, releasing a proposed “Pattern of Demands” of ambitious scope. The document was sent to members today, with a return date of Jan. 24.

If approved as expected, the document becomes the guild’s outline of negotiating priorities. It does not contain specific proposals, dollars or percentages — nor angry rhetoric — but the list alone is likely to elicit concern among studio executives because it seeks many different monetary increases plus significant changes in the script development process.
Of course, creating that anxiety is a first step in the posturing and positioning that marks most labor negotiations. Ameliorating things, the proposal’s cover note did say that there was “no … single galvanizing issue” in this negotiating cycle. Still, the real question is how hard the guild will fight for its various goals — and when negotiations will start. The current contract expires May 1.

Among the guild’s goals: increases in minimums and employer pension and health contributions and more money for new-media reuse and programs made for pay cable and basic cable. SAG/AFTRA and the DGA got 2% annual wage bumps and a one-time 1.5% increase in P&H. It’s assumed the WGA will end up with the same numbers. SAG/AFTRA received a slight improvement in made for new media programming, and the DGA obtained a higher wage tier in made for basic cable.
The development issues the guild has identified could result in significant confrontation and extended negotiations. These include “prewrites” and sweepstakes pitching (in which large numbers of writers are asked to pitch multiple times on a single project).

Another guild sore point: the prevalence of one-step deals, rather than the multistep deals that predated the strike and the troubled economy. Writers dislike one-step deals not only because the money is less (unless the writer is then hired to do revisions), but also because it gives the writer only one shot to get it right.

Another money issue is a demand for an increase in home video residuals. The unions dislike the quarter-century-old formula so much that the WGA called it “the hated DVD formula” in the last round of negotiations. That’s because 80% of DVD revenue is swept off the table before the residual is even calculated.

The studios respond that the losses they contend most films incur in theatrical release means that they can’t afford to increase the home video payout. Ironically, and worrisome to the studios, the home video business itself has declined precipitously in the past five years as consumers have moved to Netflix, Redbox and other options.

How hard the WGA will push the home video issue remains to be seen. In the last negotiating cycle, the AMPTP labeled the proposal a “roadblock” and the WGA ultimately withdrew it.

The AMPTP had no comment.

The WGA also wants to limit option periods for renewal of employment on episodic series. That means that networks and producers would have to decide more quickly whether to pick up a writer for the next season, reducing management’s flexibility and increasing writers’.

Also included in the Pattern of Demands is a proposal for animation jurisdiction. This was another AMPTP roadblock in the last cycle, and the WGA dropped the demand. Notably, the president of the guild at that time was Patric Verrone, an animation writer.

Another jurisdictional proposal — in motion capture — is somewhat confusing, because motion capture is a production process, not a script category.

The outlined increase in made for pay residuals is a WGA perennial. The guild’s formula in this area is less lucrative than the DGA’s or SAG/AFTRA’s due to some missteps by the WGA in the early 1980s. The studios have agreed to incremental increases a number of times, but the structure of the formula has not changed.

Unknown is how the Pattern of Demands compares with the initial demands made by SAG/AFTRA and the DGA. Those unions don’t issue such a document, and usually keep their opening moves confidential. Indeed, because of the lack of detail in the pattern, an apples to apples comparison may be impossible.

Negotiating committee members include co-chairs John F. Bowman and Billy Ray and members Alfredo Barrios, Andrew Bergman, John Brancato, Patti Carr, Jonathan Fernandez, David A. Goodman, Chip Johannessen, Damon Lindelof, Ron Moore, Jeremy Pikser, Shawn Ryan, Thania St. John, Stephen Schiff and Mike Scully. They unanimously recommended the Pattern of Demands.

The guild said it would conduct outreach meetings, e-mails, website postings and other communications in the coming months “to further engage and mobilize writers.”

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

New Zealand scrambles to keep Hobbit production in-country

October 5, 2010 BelowTheLine, The Law No Comments

hobbitThe New Zealand government moved decisively to keep production of “The Hobbit” in that country, deploying two senior ministers to mediate a union dispute amid reports that co-financier Warner Bros. was actively exploring moving the production.

At the direction of Prime Minister John Key, economic development minister Gerry Brownlee and attorney general/arts minister Chris Finlayson met over the weekend with director-producer Peter Jackson and his wife and producing partner, Fran Walsh.

The venue remains unsettled as brinksmanship continues. Brownlee told the local press that it would be “wait and see” over the next couple of days, with Scotland, Ireland, Canada, Australia and the Czech Republic reportedly vying for the production.

Hobbit co-producer Philippa Boyens said Sunday that Warners was “running the numbers on five to six different locations. That’s very real — and that has put at risk the livelihoods of countless thousands of New Zealand industry workers.”

New Line was not immediately available for comment.

The meeting between the ministers, Jackson and Walsh took place at a New Zealand parliament building known as the Beehive. That building, a modernistic structure more formally called the Executive Wing, houses the offices of the country’s cabinet ministers and Prime Minister. Brownlee then spoke with New Zealand Actors’ Equity president Jennifer Ward-Lealand, whom he had also called prior to meeting with Jackson and Walsh.

The dispute centers on unionization of actors on the project, which the producers are resisting, citing legal advice that unionization would be illegal under New Zealand law. Finlayson agrees, but the union has secured contrary advice. In solidarity with the Kiwi union, actors unions across the English-speaking world — including SAG and AFTRA — have issued “Do Not Work” orders against the production.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

SAG, AFTRA Start Talks with Studios

September 28, 2010 BelowTheLine, The Law No Comments

Actors’ negotiations with the studios began Monday with hope for smooth sailing in the weeks ahead. For the first time in five years, SAG and AFTRA are again jointly negotiating with the AMPTP.

A media blackout is in effect.

The two unions caucused in the morning, then met with the AMPTP starting at 2 p.m. In the session, which ran for about an hour, the unions presented their proposals to management. On Tuesday, it’s the AMPTP’s turn.

The parties are expected to meet essentially every weekday until a deal is reached. Negotiations are scheduled for the next seven weeks. The union agreements expire June 30.

The joint negotiations are proceeding under the framework of the two-decade-old agreement between SAG and AFTRA known as Phase One. That agreement gives the unions equal weight on the joint negotiating committee.

The previous negotiating cycle was different — it featured separate negotiations, acrimony and a yearlong SAG stalemate that stretched the bargaining process into mid-2009 and slowed feature film production. The ascendance of new, self-styled moderate leadership at SAG finally broke that logjam. The moderate faction, led by Hollywood’s Unite for Strength group, cemented its gains in guild elections that concluded last week.

Next up this year is the DGA, which will conduct formal sessions with the AMPTP starting Nov. 15. Their negotiations are likely to result in a deal before Thanksgiving. The DGA contract also expires June 30.

No WGA negotiations have been set. That guild’s contract expires May 1. In practical terms, negotiations are unlikely to begin until January at the earliest.

SAG, AFTRA and the AMPTP declined to comment.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

Hollywood Labor: Film Jobs and The Tyranny of Time

September 23, 2010 BelowTheLine, The Law No Comments

One key to understanding Hollywood labor is a tool that was invented thousands of years ago: the calendar. That much became clear in the last round of major negotiations, which lasted from 2007 to 2009, and featured a writers strike and a SAG stalemate. I covered those events as they occurred, and they’re also the topic of my forthcoming book, “Hollywood on Strike!,” which is due out next month.

So with the SAG-AFTRA negotiations upon us, let’s look at what the 2010-2011 bargaining cycle has in store.

SAG and AFTRA

sagsculpture_strokedThe SAG and AFTRA negotiations with the AMPTP (studio alliance) begin on Monday the 27th, less than a week away. They’ll focus on the SAG Codified basic Agreement (which covers film and television), SAG Television Agreement (a supplement which adds more detail regarding television), and AFTRA’s Exhibit A (which covers primetime scripted television). Exhibit A is largely, though not entirely, composed of cross-references to provisions in the SAG agreements.
These negotiations are under the framework of the Phase I agreement, which has governed SAG-AFTRA joint negotiations with the studios for the last 29 years, with the notable exception of the last negotiating cycle.

On November 7, basic cable negotiations may occur. See http://digitalmedialaw.blogspot.com/2010/09/basic-cable-clarification-details.html for details.

The November 7 date seems to assume that SAG, AFTRA and the AMPTP will reach agreement prior to then. This is expected, but is not a given. The SAG and AFTRA contracts don’t expire until June 30 next year, but the studios insisted on early negotiations in order to reduce the likelihood of brinksmanship, stalemate or strike. This was particularly important to them in light of the nearly year-long SAG stalemate during the last negotiating cycle.

However, timely completion of the contracts seems likely this time because of a seemingly unrelated issue: merger of SAG and AFTRA. The actors—SAG’s leadership in particular—want to spend 2011 working towards merger of the two unions.
That ties the negotiating schedule into the SAG election schedule. SAG president Ken Howard will be up for reelection in the 2011 summer-fall election cycle. In order to best position himself for reelection, it’s important that he and his Unite for Strength faction to show progress on merger prior to the time campaigning begins, which is typically in June or July.

That imperative, in turn, means completing the AMPTP negotiations in November, so that there’s sufficient time to work on merger. The “urge to merge” also has some implications on negotiating issues themselves, as I’ll discuss in a future article.
Of course, one side’s imperative is the other side’s leverage. The AMPTP knows that it’s important for the actors to get their deal done by November, and will be able to hold the unions up against the wall of that deadline if need be. The AMPTP now doubt opposes merger—why would management want to deal with a more unified bargaining representative—and that means they will seek to extract concessions if they’re going to agree to deal points that make merger easier.

DGA

dgaboyleMoving on: In mid-November, the DGA will begin formal negotiation of their film and television agreements, which also expire June 30. Those agreements include basic cable, so there isn’t a separate agreement for that medium as there is for SAG and AFTRA.

The creative rights aspects of the DGA agreements will be negotiated at the same time, but directly with the studio CEOs. This may be the only place in Hollywood labor where negotiation is explicitly reserved to the CEOs, rather than the AMPTP—whose entire purpose is, after all, to negotiate labor agreements.

This extraordinary arrangement reflects both the power of the DGA and the key importance to the guild of maintaining the creative control enjoyed by directors. Or film and TV movie directors, at least. Television series directors march to the tune set by the writer-producer, i.e., the showrunner.

Although the DGA’s formal negotiation don’t start until mid-November, the guild has said they will start informal negotiations prior to then. They may well have done so already. This timing here allows the AMPTP to use the DGA as a shield against SAG-AFTRA contract proposals that the studios consider excessive.

For instance, if the DGA and AMPTP informally agree in September or October that wage increases will be a particular percentage, then if SAG and AFTRA insist on a higher percentage, the AMPTP can demur, confident in the knowledge that they can do a deal with the DGA that will set the pattern on the issue.

Likewise, if the DGA decides that certain new media issues are not important, SAG and AFTRA will have an uphill fight to extract concessions from the AMPTP on those particular issues. Indeed, the DGA has already said publicly that new media will not be a focus of their discussions. So, SAG and AFTRA are already in a difficult place on those issues.

The DGA’s policy of informal pre-negotiations also means that few formal sessions are necessary to reach a deal. Last negotiating cycle, for example, the DGA and AMPTP held just five days of formal bargaining. That’s why this year’s mid-November start date probably means a deal will be reached before Thanksgiving, which falls on November 25th. That allows for roughly 7 weekdays and one weekend of formal sessions.

WGA

wgastrikeAnd what of the Writers Guild? Those negotiations have not yet been scheduled. They won’t start until mid-January at the earliest, since little business can get done in this industry between Thanksgiving and New Year’s.
That timeframe is a problem, because the WGA usually takes far more than 5 days to reach agreement with the AMPTP. Moreover, their agreement expires two months earlier than the actors’ and directors’, on May 1. That’s a 3-1/2 month window to conduct negotiations.

Such a short window may encourage studios to begin stockpiling feature film scripts later this year, if they haven’t already. That’s because it typically takes two or more months to write and revise such scripts. The studios don’t want to be left with nothing to shoot during the summer, for fear of not having a steady supply of product. Also, early summer is particularly important time for shooting movies that use network television actors, since that’s when they’re on hiatus and thus available for film work.

Television stockpiling, in contrast, probably wouldn’t start until sometime in the spring, as May 1 first approaches.
Writers are aware that this year they’re the caboose and thus are left with little leverage. This may encourage their guild to bargain down to the wire in an attempt to exercise what little power they do have. Thus, the WGA negotiations may turn into a game of chicken, since such brinksmanship is unlikely to translate into a strike authorization, let alone an actual strike, so soon after the devastating 2007-2008 strike.

A middle ground is also possible, which is that the WGA works without a contract for weeks or even months. The dynamics are hard to predict: strike architect David Young is still the union‘s executive director, but the president is now the more moderate John Wells.

Summing Up

In any case, one thing is clear: if SAG and AFTRA are unable to reach a deal by November, the picture looks very different. In this scenario, the DGA will do its deal in November, and then SAG, AFTRA and the WGA will be in play in the spring. This would impede the actors unions’ progress towards merger, but would give SAG, the WGA and AFTRA the ability to threaten a joint strike. Thus, merger and strike threats are at poised against each other quite starkly as contrasting strategies in this negotiating cycle.

Later this week: A look at the issues in play for SAG and AFTRA.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

Alan Rosenberg and The Anti-SAG Lawsuit That Won’t Quite Die

September 8, 2010 BelowTheLine, The Law No Comments

Remember the lawsuit filed by then-SAG president Alan Rosenberg, 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord against their own Guild? That’s the suit that got dismissed for the umpteenth time last month.

Turns out that there’s some unfinished business. SAG’s lawyers filed a motion for court costs, in the amount of $834.44. If the figure sounds low, remember that that’s just filing fees and the like; it’s basically impossible to obtain an award of attorney’s fees.

Well, it turns out that Rosenberg et al have now filed a counter-motion to strike some or all of those costs. Thus, on October 12, there will be yet another hearing, requiring once again the presence of SAG’s outside lawyers, who are presumably being paid by the hour.

So, rather than Rosenberg and the three other plaintiffs paying about $200 each in court costs as a result of their long-lived misbegotten battle, they’d rather first see if they can force the guild to expend just a little bit more members’ dues on this nonsense. Not the sort of scorched earth tactics one would hope for.

Editorial Note: ACTORSandCREW is wondering if this Rosenberg character is just batshit crazy, stubborn and stupid, or a combination of all of the above.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

Ratification of Teamsters & Basic Crafts Contract Complete

August 26, 2010 BelowTheLine, The Law No Comments

The Teamsters ratified their contract several weeks ago. However, four other basic crafts (plumbers, plasterers, electricians and laborers) negotiate alongside the Teamsters. Ratification by those unions was expected and, indeed, the AMPTP said today that the last of those just ratified their contract. Here’s the organization’s press statement:

“The five Basic Crafts Unions have now ratified new contracts with the producers represented by the AMPTP, ensuring that production can continue without interruption for the studios and union members.  The two sides reached a fair deal with gains in wages, benefits and other terms for the unions while recognizing the current economic realities of the industry.  This would not have been possible without hard work and commitment of the leadership of each of the Basic Crafts Unions, whose negotiating committee was chaired by Local 399 Secretary-Treasurer Leo T. Reed.  The five Basic Crafts Unions are International Brotherhood of Electrical Workers, Local No. 40,  Plumbers, Local No. 78, Teamsters, Local No. 399, Studio Utility Employees, Local No. 724, and Operative Plasterers and Cement Masons, Local No. 755.”

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

Rosenberg v. SAG Lawsuit Dismissed

August 11, 2010 The Law No Comments

The lawsuit filed 1-1/2 years ago by SAG’s then-president Alan Rosenberg against his own union has finally been formally dismissed, according to court records and a source with knowledge of the matter. The formal dismissal actually came in late July, but appears not to have previously been reported. The dismissal was expected, as the judge had ruled on the matter a month earlier.

The action ends with a whimper a suit that attempted to reinstate SAG’s previous National Executive Director, Doug Allen, and impede the ultimate achievement of the 2009 agreement between SAG and the studios and producers.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

#IATSE and #Teamsters Reach Mutual Assistance Pact

August 6, 2010 The Law No Comments

The pact sets out how the unions will address organizing efforts, deal with jurisdictional issues and establishes new lines of communication aimed at strengthening the relationship. Teamsters Locals 399 (Los Angeles) and 817 (New York) represent motion picture and television drivers and others. IATSE represents most below the line crew.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

#SAG #News – Alan Rosenberg Thrown Out of Court. Again.

August 2, 2010 The Law No Comments

Remember the lawsuit that former SAG president Alan Rosenberg and three other Membership First members (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) filed against their own union?

No? You may have blissfully forgotten this misbegotten legal action, filed a year and a half ago (!), but the courts haven’t. This is the lawsuit that attempted to reinstate former SAG National Executive Director Doug Allen and undo ratification of the SAG-AMPTP collective bargaining agreement. In a case of chasing a horse that’s left the barn, and despite two court decisions that the action was moot, the lawsuit drags on.

Or maybe not. This morning, yet another judge declared the lawsuit moot. That’s five judges total, since one of the previous decisions was by a three judge panel. In a statement, SAG’s Deputy National Executive Director and General Counsel, Duncan Crabtree-Ireland, said “Screen Actors Guild is gratified that this litigation has now concluded with a final reaffirmation of the Guild’s position by the trial court.”

Let’s hope. Interestingly, in their opposition filing, the plaintiffs did not oppose dismissal of their complaint. But an observer pointed out that the plaintiffs have crafted their document, and their statements in the courtroom, so as to tee up a motion for attorneys fees. In other words, Rosenberg et al. will probably ask the court to order that SAG pay Rosenberg et al.’s attorneys fee for bringing a case that five judges declared moot and that at the end of the day Rosenberg’s own attorneys were willing to dismiss!

——

In other guild and union news of late:

· In a surprising move, SAG’s Unite for Strength faction reached across the aisle and chose Membership First hardline David Joliffe as the chair of the Negotiating Committee for the AMPTP talks that begin October 1, reports SAGWatch.

· Those talks involve both SAG and AFTRA, negotiating together once again after a bitter hiatus in the last negotiating cycle. In order to make the schedule for joint negotiations work, AFTRA leadership has agreed to a one-year extension to its so-called “front of book” – the portion of its agreement with the AMPTP that covers daytime serials (soap operas) and various other work whose jurisdiction is not shared with SAG.

The extension, which runs through Nov. 15, 2011, is noteworthy for two reasons. First, the compensation increase, effective Jan. 1, 2011, is 2.5% (2% increase in minimums and 0.5% increase in pension and health contributions), significantly less than the 3.5% that was agreed to in the last negotiating cycle, which began before the economy had spiraled into recession. That 2.5% may well set a precedent for the October 1 negotiations.

Second, the extension does not change the new media provisions in any way. This suggests that any changes will be handled in the October 1 negotiations. Those issues will probably be hard fought.

The extension goes out for a vote in a few weeks to membership meetings in the five major AFTRA Locals of Chicago, Los Angeles, New York, San Francisco and Washington/Baltimore.

· Speaking of front of book, a new version is now available from AFTRA, incorporating the changes agreed to in 2008. Yes, these books take a while to revise, and, alas, the AFTRA book still uses the same almost unreadable tiny typeface as previous editions. None of the other guild/union books do, and the WGA has even moved away from the small format books to a large size that’s more manageable.

A noteworthy change in the AFTRA book: Ex. A (the portion that is jointly negotiated with SAG) is no longer included. Word is that there will be a separate Ex. A book eventually, but no information on when. That book, if and when it appears, will presumably incorporate the results of the Oct. 1 negotiations.

· It turns out even unions sometimes have unions. SAG does – in particular, a few dozen of its employees are represented by Teamsters Local 986. The contract between SAG and 986 expired June 1, and negotiations are ongoing. In a statement, SAG declined to provide any details on progress: “Screen Actors Guild and Teamsters Local 986 continue to negotiate for a successor agreement. Having agreed to bargain across the table and not in the media, SAG will have no further comment at this time.”

· The Writers Guild voted a few days ago to revise its credit rules. Variety has details on this relatively technical change. And speaking of WGA credits, why not have end credits for “Additional writing by,” so that all participating writers get credit? Decades ago, the WGA agreement provided for a credit of this sort, but it was eliminated in order to create the often-fictional idea that only a small number of writers contribute to a script. The result: caterers get credit and many writers don’t.

· In other WGA news, the WGA West announced 18 candidates running for 8 open board seats: Robin Schiff, David Shore, David A. Goodman (inc.), Cheryl Heuton, Aaron Mendelsohn (inc.), Katherine Fugate (inc.), Timothy J. Lea, Mick Betancourt, Mark Gunn (inc.), Erich Hoeber, Erica Montolfo, Matt Pyken, Naomi Foner, Karen Harris (inc.), Kathy Kiernan (inc.), Christopher Keyser, Steve Skrovan, Matthew Weiner. (inc. means incumbent, and the order of the list was determined by lot). There will be a candidates night Sept. 7 in LA. Voting is by mail or at the WGA annual meeting Sept. 16, with ballots counted the next day.

· This summer is also SAG election season. The president is not up, but 1/3 of the board is. Candidates are usually announced in late July, with voting closing in late September. No details as yet.

· The WGA East (which has a snazzy new logo) announced 23 new digital media signatories to new contracts, bringing the total number of WGAE digital signatories to 43. Twenty eight writers have become new Guild members as a result of the new contracts.

· Finally, an item from a couple months back: AFTRA and the AFM, which represent recording artists and musicians respectively, sent a letter to the Teamsters supporting efforts by composers and lyricists to unionize. The Teamsters are assisting the efforts of the music scribes, who are among the few non-unionized workers in the business (with computer effects workers being another large group). No word on any progress though.

———————

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Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.

American Federation of Musicians Inks New Deal with Producers

July 29, 2010 The Law No Comments

In the “While you were out” department, the American Federation of Musicians and the studios signed a new deal . . . four months ago. But don’t feel like we’re late to the party — the deal doesn’t seem to have been reported in the Hollywood press. Talk about sotto voce. The negotiations themselves concluded in early November of last year, as I reported at the time, but it apparently took a while to reduce the deal to writing.

There are several items of note (so to speak) in the signed agreement, which runs through February 23, 2013:

* Wage increases are small by most Hollywood union standards: 1.5% or 2% per year. However, the increases in the AFM’s previous signed agreement also weren’t large by those standards, where 3.0%-3.5% have been the recent norm. Thus, it’s unclear if these numbers signify anything about the size of increases that the above the line unions will achieve in the upcoming (October 1 and beyond) cycle of bargaining.

* The Health Plan is being juggled around a bit. One thing that stands out apparently mirrors a provision in the IATSE health plan deal: up to 1% of the wage increases can be converted instead to an increased contribution to the health plan, if necessary for the plan’s financial reserves. That’s intriguing, because what usually happens in the above the line guilds and unions is that at most 0.5% of a wage increase goes instead to an increased P&H contribution. Depending on the needs of the above the line health plans (each union or guild has its own), we might see a 1% conversion in the upcoming negotiations.

* The New Media template adopted by the above the line unions and guilds and by IATSE has now been adopted by the Musicians as well. The AFM deal resembles the IA’s, in that there are somewhat fewer residuals than the above the line unions and guilds achieved. For instance, when a television show is streamed on ad-supported new media (such as the free version of Hulu), the above the line unions and guilds receive residuals but IATSE and AFM don’t.

Sage entertainment law insights from probably the best guy in the field, Jonathan Handel. Jonathan’s of counsel at Troy Gould in Los Angeles, and writes the insanely good Digital Media Law blog.



Edoardo Ballerini is an actor and a writer. He has appeared in over forty films and television series, including Boardwalk Empire, The Sopranos and the indie hit Dinner Rush. He was last seen on Theater Row in New York in “Honey Brown Eyes.”You can reach Edoardo on Facebook or Twitter

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