this post was submitted on 28 Sep 2023
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Labour

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I don't remember the old numbers or their proposed deal from earlier off the top of my head, but the changes here look huge!

Some highlights:

The WGA reserves the right to assert that exploitation of writers’ material to train AI is prohibited by MBA or other law.

Each writer on a writing team employed for a script will receive pension and health contributions up to the relevant cap as though they were a single writer, rather than splitting the applicable cap. In addition, when a writing team is employed on a series, the contribution for each writer on the team will be made on the full weekly minimum instead of one-half of the weekly minimum.

Guaranteed 2nd step: A second step is required whenever a writer is hired for a first draft screenplay for 200% of minimum or less, including original and non-original screenplays. The requirement also applies to spec purchases.

Streaming features: When a feature-length project is made for streaming with a budget of $30 million or more, the minimum initial compensation for a story & teleplay is $100,000 (an 18% increase from the current rate) and a 26% increase in the residual base. Combined with the foreign residual improvements described below, this results in a 3-year residual of $216,000 for projects on the largest services, a 49% increase from $144,993 under the 2020 MBA.

The entirety of section 7 is just fantasstic:

7. Improved Terms in High Budget Subscription Video on Demand (HBSVOD)

Increased foreign streaming residuals: Foreign streaming residuals will now be based on the streaming service’s number of foreign subscribers for services available globally, amounting to a 76% increase (including a 2.5% base increase) to the foreign residual for the services with the largest global subscriber bases over 3 years. For instance, Netflix’s 3-year foreign residual will increase from the current $18,684 for a one-hour episode to $32,830.

Viewership-based streaming bonus: The Guild negotiated a new residual based on viewership. Made-for HBSVOD series and films that are viewed by 20% or more of the service’s domestic subscribers in the first 90 days of release, or in the first 90 days in any subsequent exhibition year, get a bonus equal to 50% of the fixed domestic and foreign residual, with views calculated as hours streamed domestically of the season or film divided by runtime. For instance, projects written under the new MBA on the largest streaming services would receive a bonus of $9,031 for a half-hour episode, $16,415 for a one-hour episode, or $40,500 for a streaming feature over $30 million in budget. This bonus structure will take effect for projects released on or after January 1, 2024.

Streaming Data Transparency: The Companies agree to provide the Guild, subject to a confidentiality agreement, the total number of hours streamed, both domestically and internationally, of self-produced high budget streaming programs (e.g., a Netflix original series). The Guild may share information with the membership in aggregated form.

Premium for Pilot & Backup Scripts: 150% pilot premium and 115% backup script premiums will now apply to programs made for HBSVOD.

This has been the best deal in the history of labour deals, maybe ever.

Full text (PDF) of the memorandum of the deal, for the legal nerds.

Striking is great, y'all!

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