I’ve been watching the ongoing news about the strike and related issues for several months. The issues are real and need to be dealt with. There are no easy solutions.
Below is a short summary of the key issues as I understand them. I’m sure some are more important than others to each party. I’m also sure that there are additional issues I haven’t addressed in this article.
Tapping in to my 37 years of experience as a litigator and mediator, along with leveraging the power of AI (we now use AI to help parties move past impasses and develop options and solutions during mediation), here are several solutions and action steps we came up with, along with the help of AI, that might help the parties moving forward with a negotiated resolution.
Brief Summary of Facts:
The Alliance of Motion Picture and Television Producers (AMPTP) is negotiating with the Writers Guild of America (WGA) and the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA) on a new 3-year contract. Key issues are streaming residuals, use of AI, theatrical terms, TV writer rooms, mini rooms, span protections, and wage increases.
Talks have stalled as both sides remain far apart on several proposals. The WGA and SAG-AFTRA feel writers and actors are not being treated fairly and compensated accordingly, especially as streaming has grown and with AI looming on the horizon. The AMPTP wants to avoid mandates that could limit flexibility and increase costs.
Without meaningful progress, the WGA has been on strike for over 70 days and SAG-AFTRA may strike soon as well (possibly today). Dual strikes could bring Hollywood production to a halt. Both sides need to compromise and problem-solve to reach a mutually beneficial deal, avoid prolonged disruption, and keep the industry thriving.
Issues and Proposed Solutions:
Here is a proposed strategy to fairly and amicably resolve the dispute between the Alliance of Motion Picture and Television Producers (AMPTP), the Writers Guild of America (WGA), and the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA):
Streaming residuals
A compromise could be reached where residuals are based partially on viewership/popularity for high budget streaming projects, with fixed residuals remaining for lower budget streaming and traditional broadcast projects. This allows writers to benefit from successful streaming shows while avoiding overburdening lower budget productions.
AMPTP action items:
Agree to residuals for high budget streaming projects based partially on viewership/popularity.
Maintain fixed residuals for lower budget streaming and traditional broadcast.
WGA action items:
Accept a tiered approach to streaming residuals based on production budget.
Be willing to compromise on the exact viewership thresholds and percentages.
Use of AI
Agree to not use AI to replace human writers or rewrite material without consent. Annual meetings to discuss AI advancements and involve writers in implementation decisions.
AMPTP action items:
Guarantee not to use AI to replace human writers without consent.
Agree to annual meetings to jointly discuss AI implementation.
WGA action items:
Compromise on outright ban on using AI for rewrites with consent.
Collaborate on AI implementation rather than oppose.
Theatrical project terms
For films with budgets $20M+, provide theatrical terms. Increase initial compensation by 7%.
AMPTP action items:
Provide theatrical terms for films with budgets $20M+.
Increase initial compensation by 6% as a compromise.
WGA action items:
Be willing to compromise on budget threshold for theatrical terms.
Accept a lower percentage increase on initial compensation.
TV writers rooms
Guarantee rooms with minimum of 4 writers, adding 1 writer per 5 episodes up to max of 10. Half of minimum staff through production, 1 through post. Allow showrunners flexibility based on project needs.
AMPTP action items:
Guarantee minimum writers based on episode order.
Send 1 writer through post-production.
WGA action items:
Compromise on guaranteed minimum room size.
Allow some flexibility for showrunners based on project.
Mini rooms
Guarantee mini room writers 8 consecutive weeks of work if show is ordered. Send at least 1 writer to set if ordered.
AMPTP action items:
Guarantee mini room writers 8 consecutive weeks of work if show is ordered.
Send at least 1 mini room writer to set if show is ordered.
WGA action items:
Accept slightly shorter guaranteed mini room period (e.g. 6 weeks).
Allow flexibility on sending mini room writers to set based on budget.
Span protections
Increase span cap to $425k. Extend protections to limited series writers. Guarantee mini room writers 8 consecutive weeks if ordered.
AMPTP action items:
Increase span cap to $400k as a compromise.
Extend protections to limited series writers.
WGA action items:
Be willing to compromise on a slightly lower increase to span cap.
Accept protections do not apply to all limited series.
Wage increases
5%/4%/3% over 3 years, with 3% residual base increase in year 1.
AMPTP action items:
Offer 5%/4%/3% increases over 3 years.
Provide 3% residual base increase in year 1.
WGA action items:
Accept slightly lower increases than proposed.
Agree to residual base increase in year 1.
With good faith bargaining and willingness to compromise on both sides, a mutually beneficial agreement can be reached to turn this conflict into a win-win collaboration. The key is open communication, flexibility, and focusing on the long-term health of the parties, positions and industry as a whole.
