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. 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.

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.

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

AFTRA accused Nickelodeon of improperly negotiating talent revenue participation for the cable outlet outside of Nick’s shows. A copy of AFTRA’s purported letter to Nick (I couldn’t verify its authenticity) is here.

Money For Nuthin’ or Nick’s For Free

DealFatigue

AFTRA accused Nickelodeon of improperly negotiating talent revenue participation for the cable outlet outside of Nick’s shows. A copy of AFTRA’s purported letter to Nick (I couldn’t verify its authenticity) is here.

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.

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). The Cleveland Browns have endured a lot of problems.

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Monday Morning JetLawg

JetLawBlog

How looming NBA collective bargaining agreement and potential lockout will affect at least one superstar. In the news.

Monday Morning JetLawg

JetLawBlog

NBA referee lockout ends with new collective bargaining agreement. 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. New music service being launched by Google, iLike and Lala partnership.

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.

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

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.

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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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.

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?

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.

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.

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.

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.

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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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

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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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.

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.

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.

Will the Supreme Court Deal Public-Sector Unionism a Death Blow? | The Nation

Communications And Entertainment Law Blog

The current system of compelling all workers covered by a union contract, even if they are not formal union members, to contribute a “fair share” fee to support the collective-bargaining process was decided only in the late 1970s with a case called Abood v.

4 reasons why receiving Producer Credit may not be all it’s cracked up to be.

Gordon P. Firemark

If you’re taking producer credit in lieu of compensation, the lead producer is getting a huge bargain. 4 reasons why receiving Producer Credit may not be all it’s cracked up to be. It’s a common practice in the entertainment industry.

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.

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.

Warranties and Representations – What these contract clauses really mean.

Gordon P. Firemark

” So, the representations are the statements that induce the parties to make the contract, and the warranties are the promises that guarantee the parties the benefit of their bargain.

Why you should have a lawyer for every deal

Gordon P. Firemark

As we've explored things, it's common to see that the client has over-estimated the relative bargaining power of the parties, or the degree of the other party's interest in closing a deal. Why hire a lawyer?

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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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Is a Pay or Play contract really all it’s cracked up to be?

Gordon P. Firemark

The nature of these conditions can be as varied as a producer's imagination ( and bargaining power). One of the most coveted clauses in entertainment industry contracts is the Pay or Play Clause. But, the term “Pay or Play” is a commonly misunderstood term.

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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Asked & Answered: How to Option a person’s life story

Gordon P. Firemark

In this video, Entertainment Lawyer Gordon Firemark answers a question about life rights option deals. This is intended as general information only and does not establish an attorney-client relationship.

Donald Trump's reckoning has arrived | Richard Wolffe | Opinion | The Guardian

Communications And Entertainment Law Blog

".Cohen’s plea bargain suggests we may have sought out the wrong historical figure in the Nixon White House. A year after his re-election, Agnew accepted a guilty plea bargain on tax evasion and resigned from office. If shame won’t make him quit, perhaps a plea bargain will.

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.