SAG-AFTRA members picketing outside NBC Universal in New York

Source: Michael Rosser/Screendaily

SAG-AFTRA members picketing outside NBC Universal in New York

Alliance Of Motion Picture And Television Producers (AMPTP) has responded to what it called an attempt by SAG-AFTRA to ”mischaracterize” recent contract talks, while the Guild said the studios have not ”meaningfully” engaged on the most critical issues.

In a statement AMPTP said the Guild, which ordered its 160,000 members to go on strike last Friday (July 14), has mischaracterised negotiations, distorts offers made, and does not include proposals made verbally to Guild leadership on July 12.

“The deal that SAG-AFTRA walked away from on July 12 is worth more than $1 billion in wage increases, pension & health contributions and residual increases and includes first-of-their-kind protections over its three-year term, including expressly with respect to AI,” the statement said.

Posting on its website on Monday evening, SAG-AFTRA’s negotiating committee said, “We need transformative contracts, yet remain far apart on the most critical issues that affect the very survival of our profession. Specifically, we need fair compensation that accounts for inflation, revenue sharing on top of residuals, protection from AI technology, and updates to our pension and health contribution caps, which haven’t been changed in decades. This is why we’re on strike. The AMPTP thinks we will relent, but the will of our membership has never been stronger.”

SAG-AFTRA said (scroll to bottom) that it demanded an 11% general wage increase in year 1 of a new three-year contract so members can recover from record inflation under the term of the prior contract and claimed AMPTP offered 5%.

On the subject of artificial intelligence the Guild said it wants a comprehensive set of provisions “to grant informed consent and fair compensation when a “digital replica” is made or our performance is changed using AI”, and said AMPTP wants to “scan a background performer’s image, pay them for a half a day’s labor, and then use an individual’s likeness for any purpose forever without their consent”.

AMPTP said it offered the highest percentage increase in minimums in 35 years”, “substantial increase in High Budget DVOD foreign residuals”, and “groundbreaking” AI proposals which protect performers’ digital likenesses and include a requirement for the performer’s consent for the creation and use of digital replicas or for digital alterations of a performance.

The full statements from both sides appear below.

 AMPTP statement:

Statement from the Alliance of Motion Picture and Television Producers

SAG-AFTRA continues to mischaracterize the negotiations with AMPTP.

Not only does its press release deliberately distort the offers made by AMPTP, it also fails to include the proposals offered verbally to SAG-AFTRA leadership on July 12.

The deal that SAG-AFTRA walked away from on July 12 is worth more than $1 billion in wage increases, pension & health contributions and residual increases and includes first-of-their-kind protections over its three-year term, including expressly with respect to AI.

Despite what SAG-AFTRA would have you believe today, at its ratification in 2020, the current SAG-AFTRA contract was hailed by SAG-AFTRA leadership as “the most lucrative deal we have ever negotiated…valued at $318 million over the three-year term of the contract.”

SAG-AFTRA further stated at the time that the deal “sets up for our long-term future… a forward-thinking agreement that builds on the changing realities of the streaming business.”

The AMPTP’s goal from day one has been to come to a mutually beneficial agreement with SAG-AFTRA. A strike is not the outcome we wanted.

For SAG-AFTRA to assert that we have not been responsive to the needs of its membership is disingenuous at best.

Here are some of the components of the Producers’ offer that SAG-AFTRA has chosen to forgo in favor of a strike:

● The highest percentage increase in minimums in 35 years

● 76% increase in High Budget SVOD foreign residuals

● Substantial increases in pension and health contribution caps

● Groundbreaking AI proposal which protects performers’ digital likenesses, including a requirement for performer’s consent for the creation and use of digital replicas or for digital alterations of a performance.

● 58% increase in salaries for major role (guest star) performers wages on High Budget SVOD Programs.

● Limitation of self-tape requests, including page, time and tech requirements. Options for virtual or in-person auditions.

● 11% pay increase in year 1 for background actors, stand-ins and photo doubles, an additional 17% increase for background actors required to do extensive self-styling, and an additional 62% increase for stand-ins required to deliver lines during a run-through and photo doubles required to memorize and deliver lines on camera.

● First-time-ever fixed residuals for Stunt Coordinators on television and High Budget SVOD programs.

● Shortened option periods for series regulars earning less than $65,000 per episode on a half-hour series or less than $70,000 per episode on a one-hour series.

● Dancers will now receive the on-camera rate for rehearsal days.

● Additional payments of 25% for dancers required to sing on camera during principal photography, as well as for singers required to dance on camera.

● First-of-its-kind provision establishing rates, terms and conditions for High Budget Programs made for AVOD.

● Hair and make-up consultation for performers of all complexions and hair textures.

● Limits on the amount of initial compensation that can be advanced or prepaid as residuals.

 SAG statement:

SAG negotiating committee press release

Here’s the simple truth: We’re up against a system where those in charge of multibillion-dollar media conglomerates are rewarded for exploiting workers.

The companies represented by the Alliance of Motion Picture and Television Producers (AMPTP) — which include Amazon/MGM, Apple, Disney/ABC/Fox, NBCUniversal, Netflix, Paramount/CBS, Sony, Warner Bros. Discovery (HBO), and others — are committed to prioritizing shareholders and Wall Street. Detailed below are some of the key issues of the negotiation and where things stand. We moved on some things, but from day one they wouldn’t meaningfully engage on the most critical issues.

  • Performers need minimum earnings to simply keep up with inflation.
    • Us: We need an 11% general wage increase in year 1 so our members can recover from record inflation during the previous contract term.
    • Them: The most we will give you is 5%, even though that means your 2023 earnings will effectively be a significant pay cut due to inflation and it is likely you will still be working for less than your 2020 wages in 2026.
  • Performers need the protection of our images and performances to prevent replacement of human performances by artificial intelligence technology.
    • Us: Here’s a comprehensive set of provisions to grant informed consent and fair compensation when a “digital replica” is made or our performance is changed using AI.
    • Them: We want to be able to scan a background performer’s image, pay them for a half a day’s labor, and then use an individual’s likeness for any purpose forever without their consent. We also want to be able to make changes to principal performers’ dialogue, and even create new scenes, without informed consent. And we want to be able to use someone’s images, likenesses, and performances to train new generative AI systems without consent or compensation.
  • Performers need qualified hair and makeup professionals as well as equipment to safely and effectively style a variety of hair textures/styles and skin tones.
    • Us: How about consultations with qualified hair and makeup professionals for all performers on set to ensure equity for performers of color, and a requirement to have the proper tools and equipment?
    • Them: Begrudgingly, we will do this for principal performers, but background actors are on their own.
  • Performers need compensation to reflect the value we bring to the streamers who profit from our labor.
    • Us: Consider this comprehensive plan for actors to participate in streaming revenue, since the current business model has eroded our residuals income.
    • Them: No.
  • All performers need support from our employers to keep our health and retirement funds sustainable.
    • Us: Contribution caps haven’t been raised in 40 years, imperiling our pension and health plans. Would you consider raising the caps to adjust for inflation and ensure that all performers, regardless of age or location, receive equal contributions?
    • Them: Here are some nominal increases nowhere near the level of inflation that won’t adequately fund your health plan. Also, background child performers under 14 years of age living in the N.Y. zone don’t deserve pension contributions, which is why we haven’t paid them since 1992.
  • Principal performers need to be able to work during hiatus and not be held captive by employers.
    • Us: These timelines we’ve proposed help series regulars by limiting the increasingly long breaks between seasons and giving them some certainty as to when they’ll start work again or will be released.
    • Them: Take these select few improvements that will only help a select few.
  • Principal performers need to be reimbursed for relocation expenses when they’re employed away from home.
    • Us: Drop the ruse that series regulars are becoming residents of a new state or country when they go on location and adequately pay them for all of their relocation costs.
    • Them: Here’s some stipends which don’t realistically reflect the cost of relocating to an out-of-state or out-of-country production.

We marched ahead because they intentionally dragged their feet.

After we agreed to their compressed bargaining schedule, the AMPTP subjected us to repeated stonewalling and delay. It took more than four weeks of bargaining for the AMPTP to agree to simple basic issues of fairness and respect, such as:

  • Access to reproductive healthcare and gender affirming care for performers working away from home in states that restrict medical access.
  • A consultation process to guard against racist and sexist “wiggings” and “paintdowns” of stunt performers.
  • Safety for performers working with animals on set.

Is this enough? We need transformative contracts, yet remain far apart on the most critical issues that affect the very survival of our profession. Specifically, we need fair compensation that accounts for inflation, revenue sharing on top of residuals, protection from AI technology, and updates to our pension and health contribution caps, which haven’t been changed in decades.

This is why we’re on strike. The AMPTP thinks we will relent, but the will of our membership has never been stronger. We have the resolve and unity needed to defend our rights.

Transparency: THIS CHART reflects our proposals and illustrates just how far apart we remain on key issues. The document also indicates where we’ve reached tentative agreements, as well as proposals strategically withdrawn as part of the negotiating process.

For additional information, FAQs, picket locations and more, visit sagaftrastrike.org.

In unity,

The SAG-AFTRA TV/Theatrical Negotiating Committee