SAG-AFTRA Will Allow Some Truly Independent Producers To Film During Strike If They Sign “Interim Agreements”

SAG-AFTRA soon will be signing “interim agreements” with truly independent producers that will allow many of them to start or continue production during the strike — as long as they are not affiliated with the Alliance of Motion Picture and Television Producers and agree to be bound retroactively to whatever contract terms eventually are achieved with the AMPTP when the strike is settled.  

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“What does the SAG-AFTRA strike mean for your production?” the guild asks on its FAQ page for independent producers. See some of the questions and answers below.

Question: “What if I am an independent producer who’s not part of the AMPTP?​​”

Answer: “For independently produced content that comes within the scope of a strike order, the producer may qualify for an ‘Interim Agreement’ that would allow such productions to continue working during a strike.”

All work and services under the TV/Theatrical Agreements and related contracts is struck work. These include the guild’s Ultra Low Budget Project Agreement, the Moderate Low Budget Project Agreement, the Low Budget Theatrical Agreement, and the Special New Media Agreements.

But truly independent, non-AMPTP productions that want to shoot under those agreements may be eligible for an interim agreement that will allow them to keep filming.

The guild also notes that no interim agreement is necessary for productions filming under several of the guild’s lowest budget agreements because they are not being struck. They include the Short Project Agreement, the Micro Budget Agreement, the Student Film Agreement, and the Independent New Media Agreement.

The guild says that “the terms of the ‘Interim Agreement’ will be posted once approved pursuant to SAG-AFTRA governance procedures.”

The FAQ continues:

Question: “My production would like to use the Interim Agreement. What is the next step?”

Answer: “If you would like to apply for an Interim Agreement, please contact your assigned business representative. If you have questions about the Interim Agreement, please email [email protected]”

Question: “As a producer, what if I sign to the Interim Agreement terms and a deal with the AMPTP differs from the Interim Agreement?”

Answer: “SAG-AFTRA intends for the ‘Interim Agreement’ to largely be conformed to the AMPTP agreement on a going-forward basis once the membership ratifies successor agreements with the AMPTP.”

On Day 1 of the actors’ strike, meanwhile, there are still a lot of SAG-AFTRA members working, and the guild encourages them to keep doing so. That’s because they’re working, or seeking work, under one or more of the guild’s many contracts that aren’t subject to the walkout.

Soap opera actors, for instance, can still work because they’re covered by what’s called the Network Television Code, which is separate and apart from than the one that’s being struck – the TV/Theatrical/Streaming contract. Working on variety shows, talk shows and game shows is also allowed for the same reason.

To help members traverse its labyrinth of struck and not-struck contracts, the guild has put out electronic flyers showing members which contracts they can and cannot work under.

WHAT YOU CAN WORK ON (see the PDF here)

The guild’s flyer says that “Many of our members can and should keep working under various other contracts. Here’s a quick look at some of the contracts members can work under during the TV/Theatrical/Streaming strike:

• Commercials: Television, Radio & Digital Media (includes the Influencer Agreement and the Cameo for Business Agreement)

• Television programs covered by the Network TV Code (soap operas, variety shows, talk shows and game shows)

• Sound Recordings

• Music Videos

• Interactive/Video Game Agreement

• Corporate/Educational & Non-Broadcast (formerly “Industrial”) Programs

• Station Contracts & Broadcast News

• Television & New Media Animation

• Dubbing

 • Audiobooks

• Short Project Agreement (SPA)

• Micro Budget Project Agreement (Micro)

• Student Film Agreement

• Independent New Media Agreement (deferrable)

• Independent Podcast Agreement & Micro-Monetized Podcast Agreement (includes scripted performance and hosting)

• SAG-AFTRA-approved Interim Agreements (These are for independent productions that would normally be covered by the TV/Theatrical Contracts, and which have qualified for such an agreement with SAG-AFTRA)

And certain separately negotiated basic cable agreements

WHAT YOU CAN WORK ON: NETWORK CODE (see the PDF here)

The Network Television Code, officially titled the National Code of Fair Practice for Network Television Broadcasting, is its own contract “and remains unstruck,” the flyer notes. “That means members can work on Network Television Code productions.”

This includes the following Non-dramatic programs:

• Variety Shows  
• Talk Shows Game Shows  
• Reality/Competition Shows Special Events
• Award Shows
• Documentaries (other than those produced for theatrical exhibition)
• Daytime Serials, more commonly known as soap operas.

“Performers engaged to work under the Network Television Code should continue to honor their contracts,” the guild says on the flyer.

WHAT YOU CAN’T WORK ON (see the PDF here)

“Our power in a strike comes from the unity of our members – and ALL our members standing strong together and withholding work from struck employers,” the flyer says. “As a member, you need to know what work is off limits until we get a fair deal. Any work covered by the TV/Theatrical Contracts is prohibited.

This includes the following agreements:

• Producer-SAG-AFTRA Codified Basic Agreement
• SAG-AFTRA Television Agreement (includes new media)
• Special New Media Agreements
• Low Budget Theatrical Agreement (LBA)
• Moderate Low Budget Project Agreement (MPA)
• Ultra Low Budget Project Agreement (UPA)
• SAG-AFTRA New Media Agreement for High Budget Original or Derivative Programs

ON-CAMERA WORK

• Acting
• Singing  
• Dancing  
• Stunts  
• Puppeteering

OFF-CAMERA WORK

• Voice Acting  
• Narrating  
• Singing
• ADR
• Looping

IT ALSO INCLUDES

• Background Acting  
• Stand-Ins  
• Auditions (including self-tape)  
• Rehearsals  
• Publicity (conventions, interviews, tours or promotion via social media of any struck work or struck companies)

All this is “off limits until we get a fair deal,” the guild says.

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