WGA Negotiations—Status as of May 1, 2023
| WGA PROPOSALS | AMPTP OFFERS | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| MINIMUMS | |||||||||
| 6%-5%-5% for all minimums including residual bases. | 4%-3%-2% (one-time increase to most residual bases of 2% or 2.5%). | ||||||||
| FEATURES | |||||||||
| STREAMING FEATURES: Streaming features with a budget of $12 million or more receive full theatrical terms, including better initial compensation and residuals. | Made-for HBSVOD programs 96+ mins., with a budget of $40 million or more, receive 9% increase to initial compensation; no improvement in residuals. | ||||||||
| GUARANTEED 2ND STEP: Require a 2nd step if hired for a screenplay for less than 250% of minimum. | Rejected our proposal. Countered by offering meetings to educate creative executives and producers about screenwriters’ free work concerns. | ||||||||
| WEEKLY PAY: 50% pay upon commencement, and remaining 50% to be paid out weekly over the writing period. Applies if writer is paid less than 250% of minimum; writers above this threshold have the right to opt-in to weekly pay. | Rejected our proposal. Refused to make a counter. | ||||||||
| APPENDIX A | |||||||||
| ESTABLISH MINIMUMS FOR STREAMING: Extend television “Appendix A” terms to high budget shows made for SVOD (including weekly minimums, 13-week guarantees, and residuals based on “aggregate”). |
Appendix A weeklies apply only to high budget Comedy/Variety programs made for SVOD. Budget break is $700,000 for 30-minute show, $1.15 million for 60-minute show. No aggregate or 13-week guarantees would apply, and writers can be employed on a daily-rate basis. | ||||||||
| EPISODIC TELEVISION | |||||||||
| PRESERVING THE WRITERS’ ROOM | |||||||||
| Pre-greenlight rooms: Minimum staff of 6 writers (including 4 Writer-Producers) Post-greenlight rooms:
|
Rejected our proposals. Refused to make a counter. | ||||||||
| DURATION OF EMPLOYMENT | |||||||||
| Pre-greenlight rooms: Minimum staff guaranteed at least 10 consecutive weeks of work Post-greenlight rooms:
|
Rejected our proposals. Refused to make a counter. | ||||||||
| TV WEEKLIES | |||||||||
|
|
||||||||
| PRE-GREENLIGHT ROOM COMPENSATION | |||||||||
| Pre-greenlight room weekly services paid at 25% premium. Premium applies whenever writers are hired before a series or season order, including in between seasons. | 5% premium for “development room” weekly services. Premium applies only when 3 or more writers (including teams) are hired for 10 or fewer weeks before a season 1 of a series. | ||||||||
| MINIMUMS IN POST-PRODUCTION | |||||||||
| MBA weekly minimums during post. | Rejected our proposal. Refused to make a counter. | ||||||||
| STREAMING | |||||||||
| FOREIGN STREAMING RESIDUALS | |||||||||
| New HBSVOD residual based on streaming service’s foreign subscriber count. | HBSVOD residual based on foreign subscriber count for largest global streaming services. Paramount+ and Max continue to pay a lower license-fee-based residual. | ||||||||
| Foreign Subs. # | Foreign Payment (% of Residual Base) | Foreign Subs. # | Foreign Payment (% of Residual Base) | ||||||
| Less than 20 million | 50% ($6,673) |
|
|||||||
| 20-45 million | 75% ($10,009) | 20-45 million | 40% ($5,338) | ||||||
|
More than 45 million | 60% ($8,007) | |||||||
| $ amounts are for a one-hour episode for the first year of use. | |||||||||
| VIEWERSHIP-BASED STREAMING RESIDUALS (“TIERED FIXED”) | |||||||||
| Establish a viewership-based residual—in addition to existing fixed residual—to reward programs with greater viewership. Require transparency regarding program views. | Rejected our proposal. Refused to make a counter. | ||||||||
| AD-SUPPORTED FREE STREAMING SERVICES | |||||||||
| High-budget programs made-for AVOD get TV weeklies and script fees and improved residuals. | Rejected our proposal. Refused to make a counter. | ||||||||
| PENSION & HEALTH—TEAMS | |||||||||
| Each member of a team gets P&H contributions as if they were writing as an individual. | Rejected our proposal. Refused to make a counter. | ||||||||
| ARTIFICIAL INTELLIGENCE | |||||||||
| Regulate use of artificial intelligence on MBA-covered projects: AI can’t write or rewrite literary material; can’t be used as source material; and MBA-covered material can’t be used to train AI. | Rejected our proposal. Countered by offering annual meetings to discuss advancements in technology. | ||||||||
| TENTATIVE AGREEMENTS | |||||||||
| SCRIPT FEES FOR STAFF WRITERS: Staff Writers receive script fees on top of their weeklies. | |||||||||
| SPAN: Increase span cap from $400,000 to $450,000 (basic cable to remain at $375,000). Extend span protection to writers on limited series. | |||||||||
| OPTIONS & EXCLUSIVITY: Increase earnings cap from $325,000 to $350,000. | |||||||||
| PILOT & BACKUP SCRIPT PREMIUM FOR HBSVOD: 150% pilot premium and 115% backup script premium apply to programs made-for HBSVOD. | |||||||||
| P&H DIVERSION: WGA option to divert .5% of negotiated minimums increases to Pension or Health Fund. | |||||||||
| BROADCAST RERUNS: Allow one additional free “promotional” run for new made for broadcast series. | |||||||||
| COST | |||||||||
| WGA proposals would gain writers approximately $429 million per year; AMPTP’s offer is approximately $86 million per year, 48% of which is from the minimums increase. | |||||||||