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| Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Last Edit: Official_Press_Release 08:39 pm EST 11/19/20 | |
| Posted by: Official_Press_Release 08:32 pm EST 11/19/20 | |
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| ACTORS' EQUITY ASSOCIATION AND SAG-AFTRA REACH JOINT AGREEMENT ON LIVE THEATER RECORDED OR STREAMED FOR EXHIBITION DURING THE PANDEMIC PERIOD LOS ANGELES & NEW YORK (November 19, 2020) – Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and Actors’ Equity Association today announced an agreement addressing the coverage of live theater that is recorded or streamed for exhibition to a remote audience. Both unions praised the collaborative process that allowed the parties to come to the table and reach a solution that serves the best interests of both of their memberships. The agreement reaffirms the historic solidarity and deep bonds between Equity and SAG-AFTRA and their members. The parties reached a tentative agreement on November 14 that was approved unanimously by the SAG-AFTRA National Board and Actors’ Equity Association National Council today. About SAG-AFTRA SAG-AFTRA represents approximately 160,000 actors, announcers, broadcast journalists, dancers, DJs, news writers, news editors, program hosts, puppeteers, recording artists, singers, stunt performers, voiceover artists and other entertainment and media professionals. SAG-AFTRA members are the faces and voices that entertain and inform America and the world. A proud affiliate of the AFL-CIO, SAG-AFTRA has national offices in Los Angeles and New York and local offices nationwide representing members working together to secure the strongest protections for entertainment and media artists into the 21st century and beyond. Visit SAG-AFTRA online at sagaftra.org. The agreement: Agreement Between Actors’ Equity Association and SAG-AFTRA November 14, 2020 1. Duration of Pandemic Period: The Pandemic Period will end on December 31, 2021, except as otherwise provided in Paragraph 2.g, below, provided that the parties will meet no later than October 1, 2021 to determine whether to adjust this date based on the state of the pandemic and live public performances. 2. Parameters during pandemic period During the pandemic period, Equity may reach agreements with Equity signatories and other theaters covering work that is recorded and/or produced to be exhibited on a digital platform, either as a replacement for a live theater production (see Paragraphs 2.a and 2.b, below) that cannot take place because of the pandemic or for a partially virtual/digital audience that supplements a live audience during the pandemic period, in accordance with the following parameters: a. The recorded performance may include live readings, staged readings, live theater, and other performances in the general nature of theater, and may involve minor editing; b. The performance is intended to be similar to a live performance that the theater typically offers to subscribers and ticket holders (e.g. readings, children’s theater, repertory theater, cabaret, etc.); c. Except as otherwise permitted in Paragraph 2.e, below, the digital platform on which the work is to be exhibited is a restricted platform that can only be accessed by ticketholders or subscribers of the existing Equity bargaining partner or other theater; d. Exhibition on paid streaming services that regularly offer access to recorded programing (e.g. Netflix, Hulu, HBO Max, Disney +, AppleTV+, CBS All Access, Peacock, etc.), as well as distribution that is more in the nature of broadcasting or widespread streaming to the general public, is prohibited. e. During the pandemic period, as a replacement for live theater, Equity may continue to enter into agreements with existing Equity signatories and other theaters for the recording and exhibition of theater work, including archival material, to a remote audience as well as a partially live/partially digital audience. The aggregated digital audience will not exceed 200% of the size of the theater’s house for the contractual run of the production, and the performance may only remain on a digital platform for the lesser of three (3) months or the duration of the run, provided, however, that in theaters with less than 350 seats, the aggregated digital audience will not exceed 300% of the size of the theater’s house for the contractual run of the production. f. The program may not include work that is more in the nature of a television show or movie, including work that is shot out of chronological order, that is substantially edited prior to exhibition, or that includes visual effects or other elements that could not be replicated in a live manner; g. Any production that Equity has contracted for with a bargaining partner may be completed, notwithstanding the termination of the pandemic period, provided that the production does not extend for more than six (6) months past the termination of the pandemic period, and provided further that all of the conditions in Paragraphs 2.a through 2.f, above, have been met. h. During the pandemic period, SAG-AFTRA will not seek or accept work of the type described above in Paragraphs 2.a through 2.c and 2.e through 2.g from any existing Equity signatory or other theater, and will refer to Equity any existing Equity signatory or other theater that is seeking to do this work. 3. General Provisions a. Except as set forth in Paragraphs 2.a through 2c and Paragraphs 2e through 2h above, both parties agree that work done for recorded or broadcast/livestreamed media, including the transmission of a live theater performance outside the theater itself, ordinarily falls within SAG-AFTRA’s exclusive jurisdiction. The parties also acknowledge that some provisions in Equity’s CBAs and agreements with employers involve limited recording and/or transmission of Equity productions by Equity employers, such as the capture of theater productions for archival, promotional, educational, or reference purposes, and agree that this work may continue to be done under these CBAs or agreements. b. Equity will not rely on, argue, or cite the fact that it is performing certain work during the pandemic period as evidence of Equity’s jurisdiction, nor will it accept work from an Equity or other theater that violates this Agreement without the express consent of SAGAFTRA. c. SAG-AFTRA acknowledges that live theater performances ordinarily fall within Equity’s exclusive jurisdiction. d. SAG-AFTRA and Equity will continue their longstanding practice of referring to each other work that clearly falls within the other union’s traditional jurisdiction. e. Both unions agree that a small group of senior staff and, where appropriate, union leadership, will meet periodically to discuss issues of mutual concern, as well as issues arising under this Agreement. f. These agreements shall be binding, permanent, and shall not expire with the end of the Pandemic Period. 4. Pending Claims The parties acknowledge that prior to the date of this Agreement, Equity has filed grievances on behalf of members seeking compensation and health weeks in connection with work that has been the subject of dispute between the parties. Both unions want the best possible outcome for these members. This agreement does not prohibit Equity from taking action to resolve these claims, provided that in so doing, Equity will not make any argument or claim that conflicts with the jurisdictional principles contained in the Agreement. 5. Dispute resolution process The parties agree that any disputes regarding the meaning or application of the Agreement's terms shall be resolved in the following manner: a. Each party will designate a representative and an alternate representative as the point of contact for any disputes arising out of this agreement. b. If either party believes a violation may have occurred, that party will contact the other party’s designated representative, or, in the event of their unavailability, the alternate representative. The parties will consult in good faith within 24 hours (unless a longer timeframe is mutually agreed) to attempt to resolve the issue. c. If the issue cannot be resolved through the foregoing procedure, the aggrieved party may, within 48 hours of the conclusion of the prior step, submit the dispute for a ruling by a panel comprised of one party referee for each party, and one neutral referee, who shall chair the panel. The panel will convene a meeting/call within 48 hours of being notified of the dispute (unless extended by mutual agreement) and will issue a written ruling on whether the agreement has been violated within 72 hours of the meeting/call. The foregoing time limitations are intended to apply to issues of application of the agreement to particular productions; for general issues of contract interpretation, the time limitations will not apply but the parties commit to expedite the process If the ruling finds a violation, the ruling shall specify the actions the non-complying union must take to come into compliance with the agreement. The ruling is final and binding. d. The parties will split the fee of the neutral referee. The parties will consult with the neutral referees designated pursuant to paragraph 6 and mutually determine the fee for neutral referees. e. The parties can modify this procedure by mutual agreement. f. Appointment of neutral referees: The panel of neutral referees will consist of at least three persons mutually selected by the parties [one of whom shall be designated as the referee, and the others of whom will be designated as alternate referees]. Referees shall serve on a particular dispute either by mutual agreement of the parties, or [if there is no agreement, the referee will serve unless s/he is unavailable, in which case an alternate referee will serve by rotation through the list of alternate referees in alphabetical order by last name. The initial neutral referee(s) is/are [NAME]. [The parties will mutually determine the name of the initial neutral referee within 48 hours of the approval of this agreement.] In addition, the parties will designate at least two alternate neutral referees to serve in the event the neutral referee(s) are unavailable to serve in a timely manner. The parties will mutually determine replacement and successor referees as needed. |
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| I query this drafting | |
| Last Edit: pcot 07:17 pm EST 11/21/20 | |
| Posted by: pcot 07:12 pm EST 11/21/20 | |
| In reply to: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - Official_Press_Release 08:32 pm EST 11/19/20 | |
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| "either as a replacement for a live theater production (see Paragraphs 2.a and 2.b, below) that cannot take place because of the pandemic or for a partially virtual/digital audience that supplements a live audience during the pandemic period, in accordance with the following parameters" Not giving anyone advice, but this provision seems to require that it replaces a specific scheduled show. So if you announced "Squonk II: More Squonking" as part of your season, and you want to replace it with a paywalled stream or a tape, this jurisdictional provision sends it to AEA. If, however, you wanted to just get folks together to do a table reading of Squonk II, having never announced it for your season, or planned to stage it, I don't know that the singular ("a live theatre production...that cannot take place") allows AEA to displace SAG, and this would seem to leave everyone back at square one. Additionally, in the first scenario, AEA jurisdiction means that AEA will enforce the "parameters" against it, which cabins your audience. Structurally, you have the division of the spoils between the two guilds in [2] (if it's a direct replacement, it's an AEA contract), and then a long list of parameters [2a-2h] that AEA will enforce against the producer. So essentially, if you make substitute goods designed to match your initial product precisely, AEA gets it; and you have to follow the AEA parameters. Otherwise, at least in a possible adversarial reading (mine, one that is quite likely wrong, and should not be relied upon), we're still in the wild west. An older equity draftsman might have made that a plural, so that any major AEA theatres putting on an online show with the usual suspects have to cabin their audience and give everyone the usual health & pension weeks, while allowing the more innovative forays into the online streaming to remain on the quantum boundaries between SAG & non-SAG, with AEA out of the picture. Top of the head, likely wrong, don't rely, not advice, do not taunt happy fun ball. Cheers. ~pcot |
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| re: I query this drafting | |
| Posted by: ryhog 07:30 pm EST 11/21/20 | |
| In reply to: I query this drafting - pcot 07:12 pm EST 11/21/20 | |
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| I'll concede it is not a model of draftsmanship, but I don't read anything to require that the show be something previously planned, which seems to be your main point. I also think 2e informs the rest. But what do I know? LOL | |
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| re: I query this drafting | |
| Posted by: pcot 07:43 pm EST 11/21/20 | |
| In reply to: re: I query this drafting - ryhog 07:30 pm EST 11/21/20 | |
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| It doesn't have to be the same show as previously planned, but it seems that it does have to directly replace a show that was previously planned for AEA to assert primary jurisdiction. And you're right, 2e initially reads as a catch-all, but the phrasing in the permissive and the location in the parameters seems to imply that AEA isn't asserting jurisdiction over the small stuff -- SAG's basically saying: If you can compel them to bargain with you for that stuff, go for it. Again, though, just ruminating, don't rely. Cheers. ~pcot |
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| re: I query this drafting | |
| Last Edit: writerkev 06:46 am EST 11/22/20 | |
| Posted by: writerkev 06:44 am EST 11/22/20 | |
| In reply to: re: I query this drafting - pcot 07:43 pm EST 11/21/20 | |
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| I’m no expert and haven’t digested it to the degree you have. But it seems they’re using the phase “replacement for” as another way of saying “alternative to.” Perhaps that wording might have been clearer. Seems like the spirit of the argument is about cases where a streaming presentation replaces what ordinarily would have been done on stage, rather than a literal replacement of a particular production. | |
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| re: I query this drafting | |
| Posted by: pcot 10:56 am EST 11/22/20 | |
| In reply to: re: I query this drafting - writerkev 06:44 am EST 11/22/20 | |
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| Hm. Well, I hope you're right. AEA might cite the difference from the proposed waiver language as outside proof of that reading. But these understandings have to stand up to the other person's rational reading of the deal, and the deal doesn't become less binding if the other's reading prevails. Fingers crossed. Again, uninformed speculation on my part, no real expertise to offer on it. Just a union member struck by the plain terms of the deal that seems to concede a fair swathe of jurisdiction to the moving-picture & talkies types. ~pcot |
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| re: I query this drafting | |
| Posted by: ryhog 01:20 pm EST 11/22/20 | |
| In reply to: re: I query this drafting - pcot 10:56 am EST 11/22/20 | |
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| re "concede," the starting point is that AEA has no jurisdiction over any of this. The deal was an accommodation to AEA in the nature of comity. | |
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| re: I query this drafting | |
| Posted by: ryhog 07:58 pm EST 11/21/20 | |
| In reply to: re: I query this drafting - pcot 07:43 pm EST 11/21/20 | |
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| when I first read it, it seemed very heavily pitched to non-profits, but apparently a commercial producer can use it too, and ticketholders or subscribers seems to cover that. Ruminate on; just don't hibernate. | |
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| "exhibition to a remote audience" | |
| Last Edit: young-walsingham 01:38 pm EST 11/20/20 | |
| Posted by: young-walsingham 01:36 pm EST 11/20/20 | |
| In reply to: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - Official_Press_Release 08:32 pm EST 11/19/20 | |
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| Forgive me if this is stated and I missed it, but does this arrangement cover viewings in the US only or can we look forward to seeing presentations in, say, the UK? | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: FasterTheater 09:54 pm EST 11/19/20 | |
| In reply to: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - Official_Press_Release 08:32 pm EST 11/19/20 | |
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| Two things in the text stuck out for me: "The Pandemic Period will end on December 31, 2021..." (which is more pessimistic than the Broadway League is being at the moment.) Exhibition on Netflix, Hulu, etc "as well as distribution that is more in the nature of broadcasting or widespread streaming to the general public, is prohibited." How will this sharpen the definition of "online theater" and affect its innovation/evolution? What do we call the recording of Broadway shows for Netflix if not "online theater" ? |
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| Link | What’s on Netflix and HBO Max for Theater Lovers |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: NewtonUK 06:46 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - FasterTheater 09:54 pm EST 11/19/20 | |
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| I think you may be misreading 'The Pandemic Period will end on December 31, 2021 ...' This is merely the date in which these new rules giving some jurisdiction to AEA that would usually be SAG/AFTRA revert tp SAG/AFTRA. The 'Pandemic Period' could just as easily be called something else, it has no relation to theatres reopening. | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: FasterTheater 08:50 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - NewtonUK 06:46 am EST 11/20/20 | |
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| Right after that phrase, they agree to meet in October "to determine whether to adjust this date [Dec 31] based on the state of the pandemic and live public performances." That strikes me as plain English for "we're picking December 31, 2021 because we think theaters might remain closed until then." | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: NewtonUK 08:54 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - FasterTheater 08:50 am EST 11/20/20 | |
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| I don't think so. They are guaranteeing that these rules will stay in effect until December 31, 2021, even if some theatres reopen in June or July - as off Broadway might. By October we will know if Broadway has re-opened for the Fall. So this allows an extension of the December 31 2021 date, if theatres remain closed next fall. This is appropriate rather than making the December 31 date hard and fast. | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: ryhog 09:36 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - NewtonUK 08:54 am EST 11/20/20 | |
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| A few comments: 1. AEA and SAG-AFTRA have no more idea when theatres will reopen than the League or the state or any of us have. 2. Things do not happen on a dime, and many of these potential projects will already be contracted and sold well before the pandemic "ends." A run out period will be necessary. 3. These issues have little if any relevance to commercial theatre as they relate to things being undertaken by non-profits. |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: NewtonUK 09:41 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - ryhog 09:36 am EST 11/20/20 | |
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| Re your point 3 - my company, and several others I know, who produce commercially, are planning to release via Broadway HD or other streaming platforms, high quality archival videos (which almost all of us make), for pay per view. You will see a flood of these come out in the next 8 weeks, I am sure - as soon as AEA puts a deal on the table, | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: ryhog 09:49 am EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - NewtonUK 09:41 am EST 11/20/20 | |
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| good luck. I am skeptical it works out but I hope it does for you. | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: NewtonUK 05:58 pm EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - ryhog 09:49 am EST 11/20/20 | |
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| Costs are very low - in our case if 250 people view it, we have recouped. | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: ryhog 07:06 pm EST 11/20/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - NewtonUK 05:58 pm EST 11/20/20 | |
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| just curious: what is your budgeted ticket price? | |
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| re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement | |
| Posted by: NewtonUK 08:18 am EST 11/23/20 | |
| In reply to: re: Actors’ Equity Association and SAG-AFTRA Reach Joint Agreement - ryhog 07:06 pm EST 11/20/20 | |
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| $20 | |
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