WGA, AMPTP reach tentative deal

The Writers Guild of America has reached a tentative deal with the Alliance of Motion Picture and Television Producers.

WGA West president Patric Verrone and WGA East president Michael Winship sent out an email to members at 3 a.m. Saturday alerting writers that a deal has been made that "protects a future in which the Internet becomes the primary means of both content creation and delivery."

(Stuart Levine)

Deal points after the jump or download them here.

SUMMARY OF THE TENTATIVE
2008 WGA THEATRICAL AND TELEVISION BASIC AGREEMENT
This is not a complete summary.  The Memorandum of Agreement shall prevail in the case of any inconsistency..

Term of Agreement
From resumption of work through May 1, 2011.

Minimums
Minimum rates generally increase 3.5% each year.  The exceptions are: network prime time
rates and daytime serial script fees increase 3.0% each period; program fees and the upset
price increase once by 3% in the second year; and clip fees increase once by 5% in the third
year.

Writing for Made-for New Media
Coverage: The WGA is recognized as the exclusive bargaining representative for writing for
new media (such as Internet or cellular technology).  Writing for new media is covered by the
MBA if:
(1) it is written by a “professional writer” (anyone with a single TV or screen credit, 13
weeks of employment in TV, film or radio, a professionally produced stage play credit or
a published novel) or
(2) the program is derivative of an MBA-covered program or
(3) if the budget is above any of three thresholds: $15,000 per minute; $300,000 per
program; or $500,000 per series order.  If initially not covered due to the projected
budget but later costs exceed a threshold, the program/series is covered retroactively.
Compensation: If a new media program is derivative of an MBA-covered program, minimums
for initial compensation apply.  The minimum for derivative dramatic programs is $618 for
programs up to two minutes, plus $309 for each additional minute.  The minimum for derivative
comedy-variety and daytime serials is $360 for programs up to two minutes, plus $180 for each
additional minute.  The minimum for all other types of derivative programs is $309 for programs
up to two minutes, plus $155 for each additional minute.  Regardless of the length of the
program initial compensation can be no less than the two minute rate.  For original programs
initial compensation is negotiable.
Pension and Health Insurance: MBA pension and health provisions apply to all covered
writing for new media programs.
Credits: The Guild shall determine credits on all covered new media programs.  Credits must
appear on-screen (or on a link to the program) if anyone else receives such credit.
Television Reuse: If a covered new media program is reused in traditional media, the usual
residuals for a television program apply with minor modifications.
Separated Rights: Creators of original new media material are protected as follows:
(1) If you create an Internet program that becomes a TV series or feature film which you
write, traditional separated rights apply.
(2) If you write original material for an Internet program and the Company wants to use it
for a TV series or feature film to be written by someone else, the Company must
purchase rights from you.  The Company may acquire the rights at any time, but
separate compensation must be paid.  If you want to sell those rights to another studio,
the Company has a right of first refusal.
(3) If you create an Internet program that is the equivalent of a traditional TV series
(over $25,000 per minute and 20 minutes in length) you are entitled to the same rights
as in (2) above, plus sequel payments for each Internet episode based on your program.
Internet Residuals: Initial compensation covers writing services and 13 weeks of availability in
new media when the viewer does not pay, and 26 weeks of availability in new media when the
viewer pays.  After those periods, certain residuals are payable:  (i) if a new media program
derived from an MBA-covered program or an original new media program with a budget higher
than $25,000 per minute is reused in new media, the new media reuse provisions described
below apply, except that electronic sell-through is paid at 1.2% of distributor’s gross receipts;
and  (ii) for original new media programs, the residual for ad-supported streaming is negotiable,
while reuse where the viewer pays is compensated at 1.2% of distributor’s gross receipts.
Other Guild Provisions: A number of standard guild provisions apply to all covered new media
programs: Guild shop (writers must join the WGA), no-strike/no-lockout, grievance and
arbitration, and timely payment.

Reuse in New Media
Distributor’s Gross Receipts: All revenue-based residuals in new media employ a definition of
“distributor’s gross” which eliminates the accounting uncertainty inherent in the concept of
“producer’s gross” as found in the home video/DVD formula.
Download Rentals: If the viewer pays for limited new media access to a program, residuals
are paid at the rate of 1.2% of distributor’s gross receipts.
Download Sales (Electronic Sell-Through): If the viewer pays for permanent use of the
program, residuals are paid at 0.36% of distributor’s gross receipts for the first 100,000
downloads of a television program and the first 50,000 downloads of a feature.  After that,
residuals are paid at 0.7% of distributor’s gross receipts for television programs and 0.65% for
feature films.
Theatrical Ad-Supported Streaming: Ad-supported streaming of feature films produced after
July 1, 1971 is payable at 1.2% of distributor’s gross receipts.
Television Ad-Supported Streaming (Library): Ad-supported streaming of television
programs produced after 1977 (and a small number produced prior to 1977) are payable at 2%
of distributor’s gross receipts.
Television Ad-Supported Streaming (New Programs): Ad-supported streaming of television
programs is payable at 2% of distributor’s gross receipts one year from the end of an initial
streaming window.
Initial Streaming Window: There is an initial window of 17 days (24 days for episodes
of the first season of a series, one-off television programs, and MOWs) with no residual.
This window must include or occur contiguous to the initial television exhibition.
Residual Payment (Network Prime Time): In the first and second years of this
contract, after the initial window, for network prime time television programs, a fixed
residual of 3% of the residual base (“applicable minimum”) is paid for each of up to two
26-week periods.  For an hour program, this fee is $654 per period in the first year of the
contract; $677 per period in the second year.  For a half-hour the figures are $360 and
$373.  In the third year of this contract, the 2% of distributor’s gross formula is applied
immediately after the initial streaming window.  The contract sets an imputed value for
up to 26 weeks of such distributor’s gross at $40,000 for an hour program and $20,000
for a half hour program.  So, for the third year the formula pays a residual of $800 for an
hour program and $400 for a half hour program for each potential 26-week period in the
year after the initial streaming window.  If the Network’s exclusivity expires prior to one
year after the end of the initial window, the 2% of distributor’s gross receipts begins
without the imputed value.  In the case of a 26-week period being truncated by the end
of the year after the end of the initial streaming window, the payment is prorated.
Residual Payment (All Other Programs): After the initial streaming window, a fixed
residual of 3% of the residual base (the “applicable minimum”) is paid for each of up to
two 26-week periods in the first two years of this contract.  In the third year of this
contract, the payment rate rises to 3.5% of the residual base.
Fair Market Value: New media residuals based on transactions between related parties are
subject to a test of reasonableness when compared to transactions between unrelated parties.
Access to Information:  The companies agree to provide the Guild with access to new media
deals and distribution statements, without redaction, and usage data during the term of the
contract.
Clips: Clips are defined as excerpts of less than five minutes for episodic TV or ten minutes for
features or long-form TV.  A company can use a clip for a promotional purpose without
payment.  Where a clip is not promotional and the viewer does not pay, the fee for the clip in
new media is paid at the rate of the lesser of $50 or the residual payable under the Reuse
Sideletter for a clip under two minutes; the lesser of $150 or the residual payable the Reuse
Sideletter for a clip between two and four minutes; and for a clip longer than four minutes, the
residual payable under the Reuse Sideletter.  Where the viewer pays, the fee for use of a clip is
1.2% of distributor’s gross receipts. 
Promotion: A clip can be used without payment to promote theatrical, television or new media
exhibition if the clip contains “tune-in”, rental or purchase information.  No payment is due for
non-commercial “viral” release of clips from a theatrical or television motion picture.  Promotion
does not include the use of clips if the primary purpose of the exhibition is to permit viewing of
archived or aggregated clips on a new media site (e.g., dailyshow.com).

Pension and Health Fund Provisions
Health Fund: The contribution rate shall continue to be 8½% from the start of the contract
through September 30, 2008.  The contribution rate shall be 8% for the period of October 1,
2008 through March 31, 2009.  Thereafter the rate shall return to 8½%.  A sideletter resolves a
pending dispute about the Health Fund contribution rate.
Pension Fund: The contribution rate remains at 6% for this contract.
Contribution Caps: For theatrical motion pictures and long-form television motion pictures, the
ceiling on which Pension Plan contributions are based is increased to $225,000 ($450,000 for
team of 3).  For long-form television motion pictures, the ceiling on which Health Fund
contributions are based is increased to $250,000 ($500,000 for a team of 3).  A cap of
$350,000 ($700,000 for a team of 3) is established as the ceiling on which Pension Plan and
Health Fund contributions are based for daytime serial writers.
Other: The Guild and the Companies will jointly fund a study of new IRS regulations.   We
agreed how contributions will be paid when a writer is employed on a development deal under
Article 14.E.2. and, under the same contract, is employed to perform Article 14.K. services on a
series for which the writer receives additional money which is not creditable.

Other Provisions
Made-for Pay TV Residuals: The annual residual payments increase from $3,000 to $3,500 for
a half-hour program and from $5,000 to $6,000 for an hour program. 
Product Integration: The company will consult with the showrunner when a commercial
product is to be integrated into the storyline of an episode of a dramatic series.
Showrunner Training Program: The AMPTP and Networks will increase funding for this
program to:  $225,000 for year 1 of the MBA; $150,000 for year 2; and $150,000 for year 3.
Television Recap Clips: The total length of clips that can be used to recap the story in a 60-
minute or longer program is extended from 90 seconds to 3 minutes before requiring payment.
Tri-Guild Audit Fund: The companies renew the funding of the Tri-Guild Audit Fund.
Residuals Reporting/Electronic Data Transfer: Each company shall meet with the Guild to
establish a method of transfer for electronic reporting of residuals information.
Lists of Arbitrators: Arbitrators were added to the lists by both the Guild and the companies.
Foreign Remakes: Alternative terms were agreed for foreign remakes of MBA-covered scripts.
Limited Syndication of Half-Hour Programs: A little-used sideletter specifying a discounted
residual for half hour series in limited syndication was renewed.
Television Separated Rights for a Derivative Theatrical Film: The company has an
opportunity to match an offer to purchase feature film rights from the separated rights holder.
Committee on Alternative Digital Broadcast Channels: The Guild agreed to participate in a
committee to explore the use of alternative digital broadcast channels.

Comments

[Jude]

If the strike is finally settled, I'm wondering what I'll do without the Variety WGA Strike Blog as one of my first reads. You've done a great job with this blog.

[Pete Antico]

Patrick Verrone is a sellout pussy. The writer's deal is vague and ambiguous. Grow some balls...The Directors deal is a sellout and we should have boycotted the Academy Awards but the ego maniacal writers thought it more important to hob nob on the red carpet then to get a fair deal with DVDS, broad band and Narrow band. The Directors screwed the writers and the writers are screwing the actors...mean while Arnold is silent. Petroleum jelly should be on every writers desk who votes yes!