SAG Approves Joint Bargaining with AFTRA

Digital Media Law

AFTRA’s national board approved joint bargaining three weeks ago, on February 27, so all that remains is presumably finalizing the text of the joint bargaining agreement and then signing on the dotted line. The Screen Actors Guild national board this morning approved an agreement to hold joint negotiations with AFTRA with the studio alliance (AMPTP) later this year, for 45 days starting on October 1. That was the date for SAG and the AMPTP to begin early negotiations.

SAG Moves towards Joint Bargaining with AFTRA

Digital Media Law

The SAG National Board yesterday passed a resolution, by a surprising 82% to 18% vote, directing the guild’s president and National Executive Director to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract,” as quoted in a SAG press release. Phase One is the 1981 agreement between the two unions under which they have jointly bargained with the studios for almost three decades, with the notable exception of 2007-2009.

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Bargaining Power and Background Law

JetLawBlog

Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. The first two bargaining pairs involve the work-made-for-hire doctrine. The third bargaining pair involves innovative contracting forms and the freedom to contract.

AFTRA Board Approves Joint Bargaining With SAG

Digital Media Law

At a videoconference meeting today in New York and LA, AFTRA’s national board unanimously voted to approve joint bargaining with SAG for the Primetime Television Contract and the SAG TV/theatrical contract. The move comes a month after SAG’s national board voted, by a tally of 82% to 18%, to “seek engagement with AFTRA in a joint bargaining agreement for negotiation of the Television/Theatrical Contract.”

Supreme Court Expands Rights of Accused in Plea Bargains - NYTimes.com

Communications And Entertainment Law Blog

Supreme Court Expands Rights of Accused in Plea Bargains - NYTimes.com

SAG-AFTRA Joint Bargaining: AFTRA Hesitates, Slightly; and More

Digital Media Law

An AFTRA committee, expected to recommend joint bargaining with SAG, instead referred the matter to a subcommittee, the Hollywood Reporter and The Wrap reported. As the Strategy Cabinet’s action indicates, there wasn’t 100% agreement in the room regarding joint bargaining. However, reports my source, there is nonetheless a sense of inevitability that there will, in fact, be joint bargaining.

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Hollywood Labor: SAG Source Says a Strike Unlikely, Joint SAG-AFTRA Bargaining Likely; and the Year Ahead

Digital Media Law

The source also said SAG’s upcoming January 31 national board meeting will probably feature a move towards resurrecting joint bargaining with AFTRA, adding that he/she was confident that bargaining later this year would indeed be jointly conducted. The bargaining in question is with the AMPTP (studio alliance) regarding the TV/theatrical contract. Framework for Joint Bargaining Moving on from math, let’s talk about joint bargaining.

Money For Nuthin’ or Nick’s For Free

DealFatigue

More specifically, AFTRA’s letter asserts that Nick requires “that the performer grant to the employer a right to a ‘profit participation’ interest in the talent’s third-party income as a condition of employment” in violation of AFTRA’s collective bargaining agreement and possibly California law. AFTRA accused Nickelodeon of improperly negotiating talent revenue participation for the cable outlet outside of Nick’s shows.

Money For Nuthin’ or Nick’s For Free

DealFatigue

More specifically, AFTRA’s letter asserts that Nick requires “that the performer grant to the employer a right to a ‘profit participation’ interest in the talent’s third-party income as a condition of employment” in violation of AFTRA’s collective bargaining agreement and possibly California law. AFTRA accused Nickelodeon of improperly negotiating talent revenue participation for the cable outlet outside of Nick’s shows.

Monday Morning JetLawg

JetLawBlog

Three most popular American sports leagues address the end of their collective bargaining agreements at sports law symposium. In the news… Rivalry between Adobe and Apple continues with launch of Apple’s iPad; cross developments between products might be affected. Tensions rising with Twitter becoming viable competitor with iPhone’s App Store. Privacy concerns arise as hundreds of WordPress Blogging sites are hacked.

The Browns Can’t Even Beat Staph Infections

JetLawBlog

The Browns argued that Jurevicius’s claims were preempted by § 301 of the Labor Management Relations Act (LMRA) because each of the claims arose under or required interpretation of the NFL’s Collective Bargaining Agreement (CBA). In light of this continuing problem, the NFL would be wise to address the issue during negotiations of the new collective bargaining agreement. The Cleveland Browns have endured a lot of problems.

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Broadway Casting Has Become a Conspiracy, Say Producers in Lawsuit

THR, Esq. Entertainment & Media Law Blog

Casting directors reject the proposition they are independent contractors with no ability to collectively bargain with producers. read more. THR, Esq. Business Television Music Culture Business THR Online Broadway Theater

Monday Morning JetLawg

JetLawBlog

How looming NBA collective bargaining agreement and potential lockout will affect at least one superstar. In the news. Severance packages, the Rolling Stones’ “Satisfaction,&# and Triumph, the Insult Comic Dog: Final week of The Tonight Show raises interesting contract and intellectual property issues. Actress Mischa Barton sued by landlord over $7,000/month rent. Meanwhile, actors Andy Dick arrested for sexual abuse and Gary Coleman for domestic assault.

Monday Morning JetLawg

JetLawBlog

NBA referee lockout ends with new collective bargaining agreement. Tags: Uncategorized Big Brother CBA collective bargaining agreement ESPN Facebook Firefox Freedom of Information Act google ilike illegal drugs IRS jasinski lala Lil Wayne Madoff Mets NAS NBA net neutrality Nets PACER phillips rap reality TV stalking Steve McNair Titans In the news. Musicians use Freedom of Information Act to find out how the government is using their music. The continued battle over net neutrality.

Allegations of Collusion: NFL Parties Huddle Behind the Scenes

JetLawBlog

The NFL Player’s Association (NFLPA) is currently under federal investigation for allegedly holding secret meetings with NFL owners to discuss the future of the collective bargaining agreement. Tags: JETL contracts entertainment lawsuits sports CBA collective bargaining agreement Goodell Houston Texans Mary Moran NFL NFLPA Troy Vincent unions

Vikings Pillage NFL Drug Policy in Minnesota Courts

JetLawBlog

As part of its collective bargaining agreement with the NFL, the Players Association accepted the League’s draconian drug policy , which holds players strictly liable for any substances they ingest. The federal judge agreed with the NFL that federal law governing collective bargaining agreements preempted the players’ common law claims. The Minnesota Vikings have taken the early lead in the NFC North this year after an undefeated September campaign.

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Performer Payments for NFTs

Music Technology Policy

Paragraph 22A of the 2014 Basic Agreement states: No part of the photography or sound track of a performer shall be used other than in the picture for which he was employed, without separately bargaining with the performer and reaching an agreement regarding such use. German Notgeld Notes.

MLB Players Association Gets New Director; Faces Same Old Problems

JetLawBlog

“This union has always stood for the proposition that, you know, players should have the right to bargain individually for their compensation,&# Weiner stated. The current collective bargaining agreement , negotiated in 2006, made history as the first to be reached before the previous agreement had expired, and joining hands again in 2011 will be difficult unless such critical issues continue to be addressed now.

Manhattan DA Seemingly Slips up in Plaxico Burress Case

JetLawBlog

Tags: JETL celebrities courts criminal law entertainment privacy sports Burress football Manhattan DA Morgenthau NFL NY Giants Plaxico plea bargain

Hollywood Docket: Charlie Sheen deal hits snag; Comcast-NBCU objectors blacklisted?; Smurf lawyer is blue

THR, Esq. Entertainment & Media Law Blog

The case against Charlie Sheen was delayed until July as a plea-bargained deal hit an unspecified snag. The plea bargain would have allowed Sheen to leave jail. As a result, the taping of "Two and Half Men" could be affected.

How a Nasty Legal Fight Over 'Deep Throat,' 'Debbie Does Dallas' Was Settled

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Before a judge potentially ruins profit-making on 'Deep Throat' and 'Debbie Does Dallas,' two adult film companies strike a pretty strange bargain with each other. read more. THR, Esq. THR, Esq. Movies Movies

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

Gordon P. Firemark

Generally, because of the disproportionate bargaining power between employers and employees, waiver agreements have been viewed with skepticism and disfavor. The scenario. An actor client today told me that she’s been asked to sign a document before coming to work on a new project.

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Hollywood Docket: AFTRA vs Teamsters; Colbert to testify?; 'Seinfeld' defense

THR, Esq. Entertainment & Media Law Blog

Talks have been put on hold, and the Teamsters bargaining unit has voted unanimously to approve a strike. AFTRA negotiations with Teamsters Local 399, the unit representing 11 AFTRA-employed business reps, aren't going so well. SAG had a similar problem.

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The Copyright Royalty Board Gets It Right: New Increased Inflation-Adjusted Royalty Rates for Webcasting

Music Technology Policy

It’s also a great example of the power of strong bargaining groups including SoundExchange, the unions, indie and major record companies, and a broad cross-section of music users. The Copyright Royalty Board has announced its decision on webcasting rates under §114 for 2021-25 and its good news for non-featured artists, featured artists and sound recording copyright owners. The rates are set for 2021, paid retroactively to January 1.

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Why you need an entertainment attorney to help negotiate your television acting deals.

Gordon P. Firemark

Even if you're brand new to the business, and have little bargaining power, your agent, manager and attorney should be able to negotiate reasonable terms. Another point to be negotiated is the so-called “guaraantee” Depending on the actor's bargaining power, the Producer may be required to guarantee a specified minimum number of episodes per season in which the actor will appear.

Retain Ownership of TV Show – Entertainment Law Asked & Answered

Gordon P. Firemark

The longer answer is “Yes, if you’re the PRODUCER/Production Company”… but otherwise it really depends on your position in the industry, bargaining power, etc. AUDIO: TRANSCRIPT: [link]. Can you make a TV show, and still retain the rights? Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. Hannah asked if it’s possible to make a TV show and retain the rights.

Groups Seek Access To Faculty Emails

Media Law Prof Blog

The Chronicle of Higher Education and other media are tracking attempts by Wisconsin Republicans and the Mackinac Center for Public Policy to obtain the emails of faculty at universities in Wisconsin and Michigan who oppose the elimination of collective bargaining

Hollywood Docket Top 5: AFTRA-SAG harmony; photography copyrights questioned; musicians vs. politicians

THR, Esq. Entertainment & Media Law Blog

AFTRA's board has unanimously approved joint bargaining with SAG on the guilds' TV-theatrical contracts set to expire June 30, 2011. THR] Thousands of song copyrights are entangled in a complicated court battle between Carbert Music and May-Loo Music. Carbert, the.

SAG/AFTRA Negotiations Almost Unraveled at 'Perilous Moments'

Digital Media Law

An exclusive look inside the bargaining room of last Sunday's deal that insiders say went right down to the wire. Details in my Hollywood Reporter piece. -. Watch for my new book “Hollywood on Strike!,” due out next month. Subscribe to my blog ( jhandel.com ) for more about entertainment law and digital media law. Check out my residuals chart there too. Go to the blog itself to subscribe via RSS or email.

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Basic Cable Clarification & Details

Digital Media Law

As part of the Basic Cable Live Action agenda item, the SAG National Board voted to explore the possibility of coordinated bargaining with AFTRA in the area of live action basic cable programming. Regardless of formality, is AFTRA receptive to the idea of coordinated bargaining? The caveat was that AFTRA would want to be sure that coordinated bargaining would increase the likelihood of members actually working.

Producer Credit in Lieu of Compensation: Trouble in the making?

Gordon P. Firemark

In preparing to teach my Theater Law course, I was reminded of a case in which a party who bargained for “producer credit&# and got much more than he bargained for… a lawsuit. It’s quite frequent in my practice. My clients are asked to accept less than their usual fee or “quote&# for work. What’s offered in exchange for this important concession? You guessed it, Producer credit.

An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

Digital Media Law

Warners repeatedly promised more information -- surprisingly, collective bargaining agreements don''t require that any particular data be provided -- and months often passed between emails and phone calls. Actors often complain about late residuals checks, although SAG-AFTRA has cut processing delays lately.

How Songwriters Get Screwed by Cheese and Pies

Music Technology Policy

So the only one who has no bargaining position in the deal is guess who? The fundamental problem is that the government has taken away the songwriter’s ability to bargain for themselves. For some reason, there’s a focus at the moment on songwriter royalties and in particular for streaming royalty rates. Notice that I said “rates” not “share” or the one I find particularly irritating, “share of the pie.” Let us be clear—there is no “pie” there are only “rates”. Or should be.

Is it ok to offer screen credit? – Entertainment Law Asked & Answered

Gordon P. Firemark

But now let’s talk a little bit about bargaining power… Based on what’s described here, you’re in a pretty strong positions in ethics actress is already interested, you may not really need this guy. AUDIO: TRANSCRIPT: www.firemark.com. Blake is wondering about whether he can promise a producer credit to someone in exchange for bringing in some talent to a project. Hi, I’m entertainment lawyer Gordon Firemark.

Pepperdine Law’s Straus institute launches new interdisciplinary ADR project for Entertainment and Media Industries

Gordon P. Firemark

Frictions among various labor, creative, technology and other constituencies in the entertainment business often lead to judicial and other confrontations over collective bargaining, intellectual property, commercial and other issues. Pepperdine Law School’s Straus Institute has launched an innovative new Dispute Resolution Project relating to the Entertainment, Media and Sports Industries.

DIRECTORS REACH AGREEMENT WITH PRODUCERS ASSOCIATION

Entertainment Litigation Blog

The Directors Guild announced a tentative collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP). The DGA's description of their tentative deal can be found here. The directors received concessions on issues relating to jurisdiction over new media as well as on compensation for internet downloads and other new media.

Nudity Riders – What they are, why you need them.

Gordon P. Firemark

Nudity Riders are primarily the product of the collective bargaining agreements between actors unions, such as SAG/AFTRA in the U.S., Unless you’ re producing strictly kid-oriented or daytime TV programming, it’s likely that at some point, there will be a scene in one of your projects involving nudity or the suggestion that the characters are having or have just engaged in a sexual encounter.

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AFTRA, Networks Reach New Three Year Deal

Digital Media Law

An AFTRA statement confirmed the issues’ importance, calling the 1% increase the union’s “primary objective” in the bargaining. AFTRA and the television networks reached agreement on a new three-year contract today, with the new pact featuring now-standard 2% annual wage increases and an unusually large 1% increase in employer contributions to health and retirement. Notably, the union achieved the H&R increase without employers taking a bite out of the annual wage increase.

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This Week in Regulation for Broadcasters: May 8, 2021 to May 14, 2021

Broadcast Law Blog

We wrote here about the details of the pending legislative proposal to give broadcasters more bargaining power with tech platforms. Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

Is your indemnification clause worth the paper it’s printed on?

Gordon P. Firemark

But, as with all negotiations, success will depend on the parties' relative bargaining power. Like the Representations and Warranties clauses, almost every entertainment industry contract contains an indemnification clause. Few laypersons really understand the concept of indemnification, much less the operation. Unfortunately for many producers, writers and directors, the indemnification clause creates a false sense of security. What is an indemnification clause?

International Federation of Musicians @fim_musicians Statement on Online Music, the Big Pool and User Centric

Music Technology Policy

Such implementation must, in particular, rely on the proven mechanisms of collective management or collective bargaining. This structurally unbalanced contractual relationship can be corrected by resorting to collective bargaining. More generally, collective bargaining constitutes a legitimate and effective means of improving the conditions for the transfer of a performer’s exclusive rights and their remuneration once assigned to the producer.

Streaming and the Embarrassment of COVID Riches

Music Technology Policy

Again, Spotify’s success is largely predicated on keeping both royalties and prices low and bargaining for special royalty treatment. We’re starting to see a narrative emerging from the digital music services in reaction to artists chafing under the misery of streaming royalties.

Reflections on L.A.’s nascent producer’s league. Treason… No, but…

Gordon P. Firemark

Theatre producers who’re forming a league to serve as a collective bargaining representative, advocate, and promotional collective. Frequent readers probably know that I have lately been involved with a group of L.A. The process has been grueling, involving 6 meetings so far (2 more are scheduled), at which various interests have to be reconciled, and rules for the group’s governance established. It’s important work, and it’s hard.