Writers Guild of America and Industry Producers Reach Comprehensive Agreement

The Writers Guild of America (WGA) has successfully sealed a wide-ranging deal with the Alliance of Motion Picture and Television Producers, marking a significant milestone following months of negotiations. This historic accord, reached on September 24, underscores the tenacity of the WGA and the leverage it gained through a 148-day strike. Let’s delve into the major highlights of this momentous agreement.

Revamping minimum TV writer’s room staffing rules

In a bold move, the WGA has orchestrated revisions to the minimum staffing requirements for TV writers’ rooms. Under the agreement, a minimum of three writer-producers must be engaged for all series, and this number may include the showrunner. For series with varying episode counts, the number of junior writers or staff writers will be adjusted accordingly. 

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Notably, there are exceptions for solo-writer shows, such as “The White Lotus” or “Big Little Lies,” where the writer can work alone if their initial deal specifies this arrangement. This modification is anticipated to provide writers with enhanced opportunities and support for skill development, potentially paving the way for them to become showrunners.

Enhanced streaming residuals for writers

A pivotal achievement for the WGA is the introduction of a “success-based bonus” for writers of original TV shows and movies on streaming platforms such as Netflix, Amazon Prime Video, and Hulu. Historically, writers on streaming platforms have received meager residual fees, but this agreement seeks to rectify that. According to the new formula, writers will be rewarded if their content achieves substantial viewership. 

For titles viewed by 20% or more of the platform’s domestic subscribers within the first 90 days of release, writers can anticipate bonuses ranging from $9,000 to $16,400 for TV episodes and $40,500 for feature films with budgets exceeding $30 million. These provisions are scheduled to take effect from January 1, 2024. This addresses a long-standing concern of writers and aligns compensation more closely with the success of their work.

Surge in foreign streaming residuals

In accordance with industry dynamics and reflecting the evolving content consumption landscape, the WGA’s agreement encompasses a substantial increase in foreign streaming residuals. The calculation will result in a remarkable 76% boost in foreign residual payments for streamers with the largest global subscriber bases over three years. This significant increase acknowledges the growing international viewership of content and the imperative of fairly compensating writers for their work, irrespective of where it is consumed.

Clarification on AI usage in creative processes

The Writers Guild of America has also taken measures to address the role of generative AI in the creative process. The contract now includes provisions safeguarding writers’ rights and credits when AI is incorporated. AI-generated material cannot be used to undermine a writer’s credit or separate rights, preserving the integrity of the creative process. Writers can utilize AI in their work with the company’s consent, but it cannot be mandated. 

Additionally, companies must disclose whether materials given to the writer have been generated by AI or incorporate AI-generated content. The WGA retains the right to challenge the exploitation of writers’ material for training AI, ensuring that writers’ contributions remain valued.

Empowering screenwriters

The agreement enshrines a policy aimed at ensuring that most screenwriters receive compensation for at least one rewrite of a draft screenplay, extending beyond wholly original screenplays to cover projects based on existing intellectual property or reboots and remakes of older titles. 

Furthermore, it addresses the issue of payment schedules for screenplays, guaranteeing that screenwriters receive prompt compensation, with half of the fee payable at the outset of the deal and additional payments due if the draft is not delivered within nine weeks.

Equitable treatment for writing teams

In a move that rectifies a longstanding issue affecting writing teams, the WGA’s contract now attributes full fee credit to each writer on a team for health and pension contributions, even though the fee is divided among team members. This provision ensures that writing teams are not unfairly disadvantaged when qualifying for health care benefits. Additionally, when a writing team is engaged for a series, each writer will receive contributions based on the full weekly minimum rather than just half of it.

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