The following email warning about the AMPTP's Final Offer comes from SAG's Ralph Morgan Award recipient Scott Wilson.
Scott, along with Tom Bowers, is responsible for saving the membership over a hundred million dollars in supplemental revenue when he defied the Early Ninties SAG leadership and the powers that be--and won, or I should say the membership won.
Mr. Masur, by way, is behind the "Just say NO to the strike authorization" campaign which, if successful, could cost the membership a lot more than a hundred million dollars. It could cost SAG, not only, jurisdiction in NOW media but its membership's ability to make a living as actors.
Here is Mr. Wilson's email.
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MEMBERS TO INFORM THEMSELVES
You may notice that those people who are suggesting that we cannot afford to ask the membership for a strike authorization, our only negotiating tool, have not mentioned the negative financial and creative impact of the rollbacks demanded by the employers. In order to make an informed decision on a strike authorization the membership must be informed. Do not allow scare tactics to divert you.
You should be aware of and understand the following issues:
Clips
Paul Newman, recognizing the peril, made it clear in his will that he would want nothing to do with any “virtual performance or reanimation of any performance by me by the use of any technique, technology or medium now in existence or which may be known or created in the future anywhere in the universe.” (NY Times 11/26/08)
Current regulation of clips:
* Producers may use clips for promotional purposes without consent or payment
* For any other purpose, consent is required and negotiable but cannot be negotiated at time of original employment
This preserves the principle that your work can only be used in and for the film on which you are engaged, allowing you and your heirs to retain control of your name, voice and likeness.
As a ‘CONDITION OF EMPLOYMENT’ the AMPTP is demanding:
* We give up consent and negotiation
* Allow them or their 3rd party licensees to mix and mash clips
Ø ‘mashing’ – putting together 2 or more clips from different sources creating a new product
* We will have no control over how clips are mixed or mashed leaving the door open for a total perversion of our creative work
* All of this for a nominal payment of:
o Under 2 minutes - $25.00
o Under 4 minutes - $75.00
o Over 4 minutes - $22.77 Can you imagine an entire movie made from mashing that you have no control over and for the payment of $22.77?
* We must clearly understand that members will be denied employment if they do not accept these nominal payments and give up their right of consent at the time of employment.
Those actors who do not share the values that Mr Newman has expressed, are perfectly at liberty to cede their rights but those actors who do share Mr Newman’s views should not ever be robbed of the right to work and to protect their performances.
Free streaming/Move over
Recently a CEO of one of the majors stated, there would be no more reruns on his network everything would go directly to streaming. What will this mean to the membership? The AMPTP demands:
* 17 days free streaming for current shows
* 24 days free streaming for new shows
followed by
* two consecutive 6-month ‘spurts’ for a payment of 3% of Total Applicable Minimum
o Day Player - $22.77
o Guest star - $85.00
What does this mean? Our members LOSE:
* Guest Star, ‘top-of-show’ (approx. $6,500) loses 50% of income
o 1st rerun residual $3,290.00 – lost
o 2nd rerun residual $3,290.00 – lost
* Day Player, scale ($759) loses 66% of income
o 1st rerun residual $759.00 – lost
o 2nd rerun residual $759.00 – lost
* Series regulars on a 20 episode season stand to lose approximately $131,000.
The AMPTP says they have put $250 million on the table over the life of this contract. This area alone represents a loss to us of $100-200 million a year in aggregate, $300-600 million over the three-year life of this contract which more than wipes out the $250 million.
This lost income will have a profound ancillary impact on individual members pension and health plans as the contributions on this lost revenue disappear. Thousands of our members will lose pension and health benefits.
Additionally, as our income is diminished and lost, our representatives will suffer the same proportionate loss. The agents and managers who represent the rank and file cannot afford this 50-66% loss in their income, they will be closing their doors and our members will lose representation.
The AMPTP has overlooked the importance of having an intermediary to reach the talent. The biggest of stars need supporting players.
For further information on other rollback issues go to the Screen Actors Guild website at www.sag.org.
Scott Wilson
12/13/08
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A.L. Miller SW Editor & Chief
All formatting is SW's.