Nov 10, 2023
SAG-AFTRA negotiators announce a tentative deal has been approved with Hollywood Studios after the studio heads came back from their claimed final offer, which will end the longest actors strike in Hollywood history. John Iadarola and Brett Erlich break it down on The Damage Report.
- 6 minutes
The strike is over.
Apparently we found out Sagaftra has
ended the strike after 118 days after
their leaders agreed to a new contract,
which, interestingly, came just
a couple of days after the last best and
final offer from the movie studios.
[00:00:17]
Turns out that might
have just been a tactic.
But anyway,
they've put out this announcement that
they have arrived at a contract that will
enable members of Sagaftra from every
category to build sustainable careers.
Full details will be provided eventually,
but are not here.
[00:00:33]
And obviously the devil might
well be in the details.
And this thing is not
necessarily totally finalized.
We'll have to see what everybody,
including the membership,
thinks about all this, but we have some
vague ideas of what the contract includes.
So we're gonna tell you those
to give you our reaction.
So the new contract will include, quote,
above pattern minimum compensation
[00:00:53]
increases so some more money, which
could mean a lot of different things,
unprecedented provisions that will
protect members from the threat of AI.
We actually have more on that and we will
dive into that cuz that's the part of this
that has always been
most interesting to me.
A new streaming participation bonus,
which does not sound like royalties.
[00:01:15]
It sounds like a one time thing,
but we don't know.
Participation means bonus, but
a bonus could be a one time thing, whereas
royalties theoretically pay out for
a very long period of time, I don't know.
Substantially raise caps on union pension,
health plans, that sounds good.
[00:01:34]
Pay raises for background performers.
That's good considering
one of the AI concerns
was background performers being entirely
replaced by digital simulacra and
critical contract provisions
protecting diverse communities.
[00:01:49]
Again, that could mean a lot of
things we don't exactly know.
So we are going to dive into the AI thing,
but
it sounds like they've gotten some
more money, some more protections.
Bret, what do you think about this?
Obviously, barring actual detals.
>> Speaker 1: Yeah, a lot of folks
were saying with the writers,
the AI wasn't as big a deal,
but with the actors,
[00:02:07]
it was more of a big deal because
they were explicitly saying, yeah,
we're just gonna put together AI
versions of you and own that forever.
Your likeness is gonna be worth nothing.
But that's bad.
But it's good that they got
something they felt confident in
[00:02:24]
signing on to, and it was way overdue.
Everybody who is using, if you cut your
cord, if you have sat and waited for
two months to see if something comes out
on streaming, if you're excited that
something comes out on streaming instead
of going to a theatrical release.
[00:02:41]
Then you know exactly what not only
the studios, but definitely the actors and
writers are facing.
If you're like, my God, why aren't that?
We used to have 22 episodes
of the office in one season.
We only have eight.
I hate having to wait a year.
Yes, so do the writers, so do the actors.
[00:02:57]
And this was all a way for them to get
the compensation to make life easier for
them and make it more just how
they're getting paid [INAUDIBLE].
>> Speaker 1: Yeah, look,
I guess to be fully transparent,
my wife is a member of Sagaftra.
[00:03:13]
A lot of my friends, including people
I had in depth conversations right on
the precipice of this happening,
are in different elements
of these ongoing strikes.
But it seems really bad in a lot of
ways in comparison to ten years,
let alone 20 years ago,
for both the actors and
[00:03:28]
the writers and
hopefully this will rebalance things.
I don't know,
I don't know about the money.
The compensation for both writers and
actors in terms of royalties for
streaming, which has pushed out so
much of the traditional royalty structure,
I don't know.
The AI stuff, though, is just the wildest.
[00:03:46]
They literally wanted to be
able to scan you once and
then just use you forever
after you're dead.
When you're alive,
after you're dead, just use you.
I'm not a member of the union, let alone
their leadership, but that's the sort of
thing where I would question whether
negotiations could even work,
[00:04:04]
because that is, from a corporate sense,
to me, utterly sociopathic.
That you would believe that any of that
is acceptable, that you could take one of
your actors, they die, and
you tell their family to kick rocks,
you're gonna put them in movies for
the rest of time.
>> Speaker 2: As opposed to
the old set up where it's like,
[00:04:20]
let me just wait 70 years, and
then you're public domain.
>> Speaker 1: Yeah, that's true, but
that has never existed at a time where
you could reliably CGI a person really.
>> Speaker 2: I'm just talking
about making money off dead people.
>> Speaker 1: Sure, yeah, 100%.
[00:04:36]
But it just seems so utterly weird.
Their end goal was so clear.
Their end goal was not to produce better
people to fill the bleachers in one scene.
I know that was going around.
They want to replace actors utterly.
[00:04:51]
They don't wanna have to have actors,
because actors are wildly expensive, and
it would be easier to be able
to just create their own actors,
put them into movies that
they would wholly own.
That they could then edit in post,
adding scenes, changing dialogue.
They find humans to be
really inconvenient.
[00:05:08]
And so while the money is super important.
I really hope that those protections
against AI are really robust, both for
them and for the writers, because humans
are traditionally a big part of this
entire process of creating art.
But the corporations do not want humans
involved in any area except maybe
[00:05:27]
the executives, and I think you seem
to be really worried about that.
But anyway, they say they've
gotten some good protections,
including the ability for actors to
allow for their images to be used for
just a single project that had
previously not been a part of this.
[00:05:42]
If you ever allowed it for anything,
it could be used for whatever.
But it seems like a hellscape coming
up with the future bright is what it
seems like.
>> Speaker 2: Yeah, it's funny.
A lot of boiler this said, a lot of
boilerplate contracts in Hollywood have
the words throughout the universe
in perpetuity everywhere.
[00:06:02]
And it's great to have these set
down as ways to get around or
to prevent that from
happening in the future.
>> Speaker 1: Imagine if they said,
hey, Brett, TYT scanned you.
Now we're just gonna happy half hour for
the rest of time.
There's nothing you can do about it.
[00:06:18]
That is wild and not a bad idea.
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The Damage Report: November 10, 2023
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