The strike is off- or so it seems! At a time where we all will welcome some good news, the WGA and producers of the AMPTP have seen fit to give us a big boost. The news is that they have reached an agreement together. This avoids a writers’ strike that no one in the industry needs at this time, smooths over what’s become some very troubled waters, and will leave people on both sides of the guilds better able to reframe, refocus and move ahead with the exciting new challenges facing the film industry in America right now. BLAKE & WANG P.A calls that a victory to be celebrated. As always, we’re here with all the details you need to know to keep yourself well informed, so let’s look at the matter in closer detail.

The WGA on the warpath

If you haven’t been completely on top of the news of late, the disagreement between the AMPTP and the WGA has arisen as a result of the now infamous and sweeping changes to representation demanded by the WGA of its members. The cause of most of the ruckus was a disagreement in how packaging has affected the industry over time, and the influence it can have on getting work as a writer (or even actor, truth be told).

Why did this situation ever come to be, however? In short, the original agreements in place between the entities arose at a time when no one could have foreseen the profound impact that packaging would have on the industry. While the concept has been in play for longer then many may think, it has only risen to prominence in recent years as we’ve seen a complete evolution (and revolution) in how TV and Film is produced, distributed, and even consumed by viewers. This unprecedented shift in how the industry works has, undeniably, led to shifts in the influence of packaging on the chances of securing work for individuals in the industry. It’s unsurprising that the WGA would want to look out for member’s interests and even force a revision of how these matters are handled. The more than a year-long stalemate that resulted has been a fascinating test case in bargaining and faith in your union for writers, as well as how little impacted major production houses were by the demands. While the ‘Big Four’ agencies refused to capitulate, and the shifts in representation made it possible for actors and writers alike to seek a more diverse representation from their managers or even to use an entertainment attorney, Los Angeles is probably better served at this time by seeing some resolution in the matter so we can focus on more important concerns.

A long, hard negotiation process

No one is claiming that the road to get here was easy. Not only was there hurt feelings as well as valid arguments to work through on both sides, but the Coronavirus also served to throw a debilitating (if fascinating) curveball at the TV and film industry as a whole. In fact, much of the negotiations that have resulted in this positive outcome were done over remote connections and teleconferences, a first in itself for the industry.

The deal on the table may be tentative right now, but it is certainly welcome. While the issue may not have seemed as destabilizing when it first came to a head, the knock-on effects of the COVID pandemic have caused a great deal of lasting damage to the industry as a whole. Not only has how we will do business in the future needed a complete overhaul, as well as negatively affecting balance sheets nationwide, it’s also led to a feeling of labor instability and uncertainty among those working in the industry. This news from the WGA and AMPTP offers a very welcome sense of stability returning and business-as-usual that is needed right now, and couldn’t really come at a better time.

It is the result, not only of hard work over the whole period, but also a marathon bargaining session that lasted well into the early hours of the morning. Despite this, the whole process has been described as ‘no-drama’ over the last several weeks. It’s now up to the guild’s members to ratify the agreement. Contract cycles of late have been putting items before members for ratification fairly swiftly, so we should see the results soon. As someone close to the talks has suggested, this particular ratification process will, in itself, be groundbreaking giving the prohibitions and needs created by the COVID pandemic. It will certainly be intriguing to see how it’s handled.

No details, but much hope

We haven’t been privy to too many of the details of the deal, but this is a fairly standard operating procedure for these things. In fact, the silence immediately after the deal mirrors that we saw after the DGA and producers reached an agreement in March.

However, we’ve been told that the deal they have hammered out included “significant movement” and “flexibility” surrounding the exclusive options that see writers tied to series with little control over the length of the run. With the rise of streaming platforms and the loss of the ‘fixed series length’ format, this has created much uncertainty for writers. As this is one of the key issues the guild has been struggling to address in the past few years, that’s certainly promising.

As of this week, we’ve had no official comment from either the WGA or the AMPTP, but we don’t find that a matter for concern going forward. Doubtless, the exact details of this stalemate-breaking deal will be brought before us in time, and it will be fascinating to see precisely what they are. What we do know for certain is, however, that if it’s accepted by the majority of members we will have avoided an untimely strike by the writers guild. Disastrous enough in ‘normal’ times, this could have potentially derailed the tentative recoveries we’re seeing in the industry. It would also- let’s be honest- have been an unneeded distraction from the process of creating new protocols and ways to get the job done to get writers, cast, and crew working. We’re very glad that such a positive outcome for the WGA, AMPTP, and the industry in general is on the table, and it’s excellent to see cooler heads prevail.

As one of the best entertainment lawyers in Los Angeles, BLAKE & WANG P.A have had plenty of experience in helping writers, actors and producers get their work seen by the right people within the industry. Whether you need help finding the right fit for your spec script, look book, or portfolio, or want to ensure that the contracts you receive are fair and just, we have the experience, contacts, and expertise you need. Why not reach out to us today, and we can discuss how to set your career on the right path to success.