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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

"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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