Screen Actors Guild (SAG) commentary

No deal yet between SAG and the studios. This commentary explores why:

Comments

[ProudLiberalDan]

If we had merged, liked 57.8% of the union voted to do (only 2.2% short of the supermajority), SAG would have dominated the new merged union and there would have been no divide and conquer opportunity available to producers.

"SaveSAG" have saved SAG into almost irrelevance this cycle. Let's finally merge so this doesn't happen again in 3 years.

AFTRA isn't going to stop negotiating acting contracts just because a few SAG purists throw a temper tantrum and stomp their feet.

The "leaner" SAG has been a failure. Time for something else.

[MrsWakely]

please. I wouldn't piss on aftra if they were on fire after the punk ass bullshit they've pulled. f*** aftra.

[ProudLiberalDan]

Fine. Anyone is welcome to ignore AFTRA, or rip up their AFTRA card in protest.

If SAG and AFTRA don't merge, then in 3 years time, the exact same thing will happen again. AFTRA will negotiate the contract and continue to gain market share. However, a few SAG purists can console themselves that they are "too good" to merge.

I'm not happy with the contract either. But we need one actors union. Its not possible for that union to be SAG-only, because AFTRA isn't going away just because you or anyone else throws a temper tantrum.

We need to not let our short-term anger get in the way with what it is in our next economic interest in the long term.

If the SAG purists really want SAG to be the only actors union for screen, then they should tear up their AFTRA cards and see if AFTRA gets out of representing actors. Actors are lining up to replace these SAG purists in those "lowly" AFTRA jobs.

Unless SAG officially separates from AFTRA and calls on actors to join one union or the other, and then puts enough pressure on the producers to use only SAG actors, then AFTRA isn't going to get out of representing actors -- no matter how angry any SAG purists gets.

Merge these unions (and Equity), and then form a coordinated approach with the Writers Guild for 3 years time is the rational approach.

[MrsWakely]

This is from AFTRA's own talking point memo refuting SAG's response to their contract:
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THE AFTRA PRIMETIME TV CONTRACT " THE REAL FACTS
June 13, 2008

SAG: AFTRA gave up significant jurisdiction in New Media.
Truth: AFTRA secured jurisdiction in New Media.
Under the existing AFTRA and SAG contracts, it"s completely up to the producer to decide whether or not a New Media program will be a union show. Under the new AFTRA agreement, all derivative productions and all original productions over certain budget thresholds ($15,000/minute or $300,000/program or $500,000/series, whichever is lowest) must be union shows. Moreover, original productions with budgets below the threshold fall under union jurisdiction any time there is a "covered performer" employed in the production.

RESPONSE: THE CURRENT PER MINUTE AVERAGE FOR NEW MEDIA ORIGINAL PROGRAMMING? $2,000 PER MINUTE. THESE "FLOORS," UNDER WHICH YOU CAN PRODUCE ORIGINAL INTERNET CONTENT NON-UNION? ARE RIDICULOUSLY HIGH. TRANSLATION? THE AMPTP IS SETTING UP SAG (AND THE OTHER UNIONS WHO HAVE ALREADY AGREED TO IT) FOR A HUGE NON-UNION SPACE FOR NEW ORIGINAL PROGRAMMING ON THEIR NEW CASH COW - THE INTERNET.

[MrsWakely]

SAG: AFTRA made no significant gains for middle-class actors.
Truth: AFTRA achieved significant improvements in compensation and working conditions for ALL categories of performers, including background performers, guest stars, series regulars, dancers, and singers, and also provided coverage for warm-up performers.
AFTRA"s new deal increases working actor compensation by more than 10% over the life of the contract. It also won higher overtime pay for 3-day performers, improved schedule breaks, and an immediate 6% increase in the major role ("top of the show") minimum, followed by additional raises in each year of the contract. Some "middle class" actors will see their pay jump by almost 400%.

[MrsWakely]

SAG: AFTRA abandoned residuals in New Media.
Truth: The AFTRA deal on residuals in New Media follows the precisely same pattern agreed to in the DGA, WGA, and AFTRA Network Code agreements.
The new primetime agreement establishes new residual formulas for paid Internet downloads (electronic sell-through) that significantly increase rates over current levels. It also establishes residual rates for ad-supported streaming and use of clips on the Internet.

RESPONSE: YES, BUT WHAT ARE THOSE CURRENT "LEVELS"? ZIP. THE RESIDUALS THEY NEGOTIATED ARE RIDICULOUSLY LOW, AND ONLY KICK IN IN CERTAIN VERY NARROW CIRCUMSTANCES - OVER $25,000 PER MINUTE, AND ONLY ON CERTAIN PLATFORMS, LIKE ITUNES, RENDERING THIS "GAIN" A COMPLETE CAPITULATION IN REALITY.

[MrsWakely]

It"s also worth noting that in 2005 AFTRA warm-up performers lost union coverage when the AFTRA"s Exhibit A contract was synchronized with the SAG TV agreement, which did not cover warm-ups. In the new agreement, we took an important step toward getting back what was lost, persuading the studios to join with us in recommending to the AFTRA H&R Trustees that warm-up performers be made eligible for coverage by the AFTRA Health and Retirement Funds.

RESPONSE: FIRST OF ALL "SOME MIDDLE CLASS ACTORS WILL SEE THEIR INCOME JUMP BY ALMOST 400%" WHAT EXACTLY IS AFTRA TALKING ABOUT? ALSO, "AFTRA INCREASES WORKING ACTOR COMPENSATION BY MORE THAN 10% OVER THE LIFE OF THE CONTRACT." THE RISE IN THE CONSUMER PRICE INDEX IS 4%. THAT'S 12% IN THREE YEARS. THAT'S ACTUALLY A GIVE-BACK.

[MrsWakely]

SAG: AFTRA gave up on DVD gains.
Truth: Clinging to proposals about DVDs is misguided and unrealistic given the business realities and the studios" unwavering position.
In their negotiations earlier this year with both the WGA and the DGA, the studios made it clear that the proposal to increase DVD compensation rates was a non-starter. Against this backdrop, AFTRA felt it made sense to focus its energies on issues where progress could be made.

RESPONSE; THE FACT THAT A NEARLY 30 YEAR OLD RIP-OFF - 12 CENTS A VHS OR DVD, THAT KITTY TO BE SPLIT AMONG, SAY 50 ACTORS, COSTING ACTORS LITERALLY HUNDREDS OF MILLIONS OF DOLLARS OVER THAT TIME? - IS CONSIDERED A "NON-STARTER" BY THE AMPTP? TELLS YOU ALL YOU NEED TO KNOW ABOUT THE FACT THAT THESE ARE STONE COLD BUSINESSMEN, WHO ONCE THEY GET A PRECEDENT IN THEIR FAVOR, HAVE NO INTENTION OF REVISITING IT AFTER A THREE YEAR "SUNSET CLAUSE" (AFTRA'S CONTRACT).

SHALL I GO ON? SUPPORT SAG, AND DIRECT YOUR FIRE WHERE IT RIGHTFULLY SHOULD GO - THE AMPTP.

[MrsWakely]

Mr. Handel needs to be less general. His ire should be pointed at the AMPTP, not SAG (don't hold your breath). First: SAG's new media needs are different from the DGA and the WGA, as well as, apparently, AFTRA, a union that supposedly represents actors, albeit only 5% of primetime TV actors (SAG represents 100% of film and 95% of primetime TV actors) The DGA came in and, being substantially less reliant on residuals, made a deal that gives way to the so called "template" we keep hearing about. The WGA's strike ended with them taking essentially the DGA's deal.

[MrsWakely]

This is a very narrow exception, and the per minute rate is wildly higher than the current per minute cost of new media production for the internet. The AMPTP is ONE contract away from sewing up the creative unions with a precedent that they suggest may be "re-visited" in three years, when the next contract comes up. AFTRA has a "sunset clause" that specifies that. But, there is, of course, no language that forces the AMPTP to raise their rates as they start making more and more money via the internet, which is where all media is going - not in some imagined future, but now. Right now. Already, in fact. Look at the list of "new media" deals the AMPTP have made, curiously (he says facetiously) only AFTER they created the so called "template" with the DGA. There are dozens. Already. SAG remembers the same promises the AMPTP made for VHS and DVD. The AMPTP never revisited those rates (12 cents per VHS or DVD per actor. Think 50 actors splitting that kitty) As a result, actors lost hundreds of millions of dollars in residuals in the nearly 30 years since the VHS/DVD deal was made. SAG does not trust the AMPTP and with very good reason.

[MrsWakely]

So, the DGA severely undercut the WGA. Not for the first time either. When AFTRA broke off from SAG after 28 years of collective bargaining, it was met with an AMPTP eager to make the same "template" deal the AMPTP had made with the DGA and the WGA. They did. AFTRA's terms are almost mirrors of those two prior deals. So, it has been left to SAG, with different needs for it's membership, to be forced to be the only union that draws a line in the sand and says "no deal." Why? Simple: the AFTRA deal sets a $300,000 floor, beneath which the AMPTP can make non-union original content for the internet. It also cites $15,000 per minute as another figure beneath which non-union content can be made. The current cost of new media content? $2,000 per minute. As to residuals, they are extremely low, and they only kick in if you exceed a $25,000 per minute threshold for original new media content on very specific sites, such as iTunes.

[MrsWakely]

They lie. These are bottom line businessmen, and if you give them something to exploit to their monetary gain, they will. Every single time. So, the contract SAG is fighting off, in translation, allows the AMPTP to create this HUGE non-union space for the internet. As long as content is ORIGINATED there, it will be subject to essentially NO RESIDUALS, even if it is a union production. As the conglomerates look to consolidate the new media landscape, they are, of course, looking to trick the creative unions into agreeing to these punitive contracts that they will then have precedent for. They will then avoid demands to raise rates to the creative unions satisfaction, as they did with VHS and DVD. . The creative unions will be forced to strike eventually. The solution is fair, reasonable and simple: the AMPTP must agree to complete jurisdiction from dollar one for SAG, so there is no huge non-union space for them to exploit, and, they must tie ALL revenue from the internet, with no "free window," but instead from "first airing" to a percentage for SAG. The AMPTP makes 1 Billion dollars? SAG gets X %. The AMPTP makes 10 bucks? SAG gets X %.

[MrsWakely]

So, the contract SAG is fighting off, in translation, allows the AMPTP to create this HUGE non-union space for the internet. As long as content is ORIGINATED there, it will be subject to essentially NO RESIDUALS, even if it is a union production. As the conglomerates look to consolidate the new media landscape, they are, of course, looking to trick the creative unions into agreeing to these punitive contracts that they will then have precedent for. They will then avoid demands to raise rates to the creative unions satisfaction, as they did with VHS and DVD. . The creative unions will be forced to strike eventually. The solution is fair, reasonable and simple: the AMPTP must agree to complete jurisdiction from dollar one for SAG, so there is no huge non-union space for them to exploit, and, they must tie ALL revenue from the internet, with no "free window," but instead from "first airing" to a percentage for SAG. The AMPTP makes 1 Billion dollars? SAG gets X %. The AMPTP makes 10 bucks? SAG gets X %.

[MrsWakely]

The fact that the AMPTP won't agree to that exposes their true motives, which are clearly not in SAG's best interest. SAG seems to be the only one that has the courage to incur the wrath of AMPTP shills like Mr. Handel, the AMPTP, the other unions, and the violently hostile crew, who are making all kinds of threatening statements in reaction to the prospect of a SAG strike. However, what Mr. Rosenberg and Mr. Allen have made clear, is that they, or the other members of the Hollywood board who want a good, fair deal for actors (Membership First) will not be intimidated by threats and intimidation. They will do what's right, and wait for a reasonable response from the AMPTP in return. If that requires striking, the responsibility for that will fall on the AMPTP, not SAG. And, as the facts come out as to why this is an unacceptable contract for SAG? There will be less and less inflamatory and inaccurate rhetoric for people like people like Mr. Handel to hide behind.