On March 7, members of The Writers Guild of America (WGA) voted just short of 99% in favor of a list of new demands from The Alliance of Motion Picture and Television Producers (AMPTP) – which represents Amazon/MGM, Apple, Disney/ABC/Fox, NBCUniversal, Netflix, Paramount/CBS, Sony, Warner Bros., Discovery (HBO) and more. The demands are in pursuit of higher pay, adjusted residuals, new staffing requirements and protections from artificial intelligence (A.I.), amongst other concerns. 

Six months later, no agreement has been reached and the WGA is currently on strike, joined now by The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA), marking the first joint strike between actors and writers in 63 years and the first joint walkout since 1980. With seemingly no end in sight, many actors, writers, unions, laborers and fans alike are left wondering what this strike could mean for the future of the entertainment industry.

The WGA is looking to address concerns within three main categories: compensation and residuals; pension plans and health funds; and professional standards and protection in the employment of writers. Their list of demands within these three categories is as follows:

Compensation and Residuals

• “Increase minimum compensation significantly to address the devaluation of writing in all areas of television, new media and feature”
• “Standardize compensation and residual terms for features whether released theatrically or on streaming”
• “Address the abuses of mini-rooms”
• “Ensure appropriate television series writing compensation throughout entire process of pre-production, production and post-production”
• “Expand span protections to cover all television writers”
• “Apply MBA minimums to comedy-variety programs made for new media”
• “Increase residuals for under-compensated reuse markets”
• “Restrict uncompensated use of excerpts”

Pension Plan and Health Fund

• “Increase contributions to Pension Plan and Health Fund”

Professional Standards and Protection in the Employment of Writers

• “For feature contracts in which compensation falls below a specified threshold, require weekly payment of compensation and a minimum of two steps”
• “Strengthen regulation of options and exclusivity in television writer employment contracts”
• “Regulate use of material produced using artificial intelligence or similar technologies”
• “Enact measures to combat discrimination and harassment and to promote pay equity”
• “Revise and expand all arbitrator lists”

On March 20, negotiations between the WGA and AMPTP began but eventually stalled. Demands were not properly addressed before the set deadline of May 1, which provoked the WGA members to withhold labor starting May 2 after a nearly-98% vote in favor of a strike. As a direct result, many prominent late-night shows such as “The Late Night Show with Stephen Colbert,” “Jimmy Kimmel Live!” and “The Tonight Show Starring Jimmy Fallon” were shut down, along with “Saturday Night Live,” “Real Time with Bill Maher” and “Last Week Tonight with John Oliver.” 

As the strike continues, the list of projects that have halted production includes “Stranger Things” (Season Five), “Euphoria” (Season Three), “The Last of Us” (Season Two), “Abbott Elementary” (Season Three), “The Handmaid’s Tale” (Season Six and Finale), “Severance” (Season Two), “Big Mouth” (Season Eight and Finale), “Cobra Kai” (Season Six), “The Penguin (Season One Debut), “Dune Part 2”, Sony Pictures’ “Spider-Man: Beyond the Spider-Verse,” Marvel Studios’ fourth and untitled Spider-Man film, “Kraven the Hunter,” “Daredevil: Born Again” and “Deadpool 3,” among many others.

On June 5, SAG-AFTRA voted with nearly a 98% majority to strike if a deal could not be reached with the AMPTP by the end of the month, which would place them on the picket line alongside the WGA. SAG-AFTRA published a document detailing their positions, in which they explained they had already compromised during negotiations. However, according to this document, the AMPTP was not willing to meet the following demands:

• “Performers need minimum earnings to simply keep up with inflation”
• “Performers need the protection of our images and performances to prevent replacement of human performances by artificial intelligence technology”
• “Performers need qualified hair and makeup professionals as well as equipment to safely and effectively style a variety of hair textures/styles and skin tones”
• “Performers need compensation to reflect the value we bring to the streamers who profit from our labor”
• “All performers need support from our employers to keep our health and retirement funds sustainable”
• “Principal performers need to be able to work during hiatus and not be held captive by employers”
• “Principal performers need to be reimbursed for relocation expenses when they’re employed away from home”

According to the document, the AMPTP was only willing to agree to what SAG-AFTRA refers to as “simple basic issues of fairness and respect,” such as:

• “Access to reproductive healthcare and gender affirming care for performers working away from home in states that restrict medical access”
• “A consultation process to guard against racist and sexist “wiggings” and “paintdowns” of stunt performers”
• “Safety for performers working with animals on set”

In turn, SAG-AFTRA officially began their strike on July 13, which severely impacted the promotion of director Christopher Nolan’s “Oppenheimer” and director Greta Gerwig’s “Barbie.” Actors were unable to make media appearances pertaining to the release of either film, and the cast of “Oppenheimer” walked out of the premier of their own movie when the strike was announced. In spite of the clear negative impact on the two films, both Christopher Nolan and Greta Gerwg expressed their support for the WGA and SAG-AFTRA.

On Aug. 4, representatives of the WGA met with studios but to no avail, reporting that the AMPTP was not open to engaging in screenwriters’ issues. Now, over three months into the strike, a growing list of delays and cancellations is the least of the problems. The result of 171,500 actors and writers on strike in Hollywood is a hit to local economies all across the U.S. including a $3 billion blow to California. Consequently, 1.7 million out-of-state industry workers have been negatively impacted.

Though neither the WGA nor SAG-AFTRA could reach an agreement, The Directors Guild of America (DGA) agreed to a new contract with the AMPTP on June 23, shortly before SAG-AFTRA went on strike. The agreement between the AMPTP and DGA secured wage increases, better residuals and some protections from AI for directors. DGA released a statement on their website the following month, affirming their support for the WGA and SAG-AFTRA during their respective strikes.

For the strike to end, an agreement must be reached by the AMPTP with both the WGA and SAG-AFTRA. It is difficult to predict when this will happen, but, for now, an agreement seems unlikely in the near future. 

Protests have been occurring in different forms throughout the country. Brianna Peril, founding member of the Incarcerated Workers Organizing Committee (IWOC),  explained that prisoners in South Central Correctional Center located in Licking, Mo., chained themselves to a bench in a crowded central walkway to protest institutional segregation and poor living conditions.

“It’s basically a sit-in and the administrative segregation can’t work while the benches are full,” Peril said. “[The] cleanliness is horrendous there; absolute filth and slime and bugs. […] The prisoners are asking for cleaning products but even those are being denied.”

The strike was organized by the IWOC in response to a deadly riot at the Lee Correctional Institute in South Carolina Apr. 15. During the riot seven inmates were killed and at least 17 others required medical attention, yet reports indicated no correctional officers intervened or tended to the injured.

Prison violence is nothing new in the U.S., though this riot was one of the most deadly in recent national history. In response to this violence, IWOC organizers accelerated the timeline of the planned national strike. The new start date was set on the anniversary of the day California prison guards shot Black Panther Party member George Jackson in 1971.

According to Peril, inmates in at least 32 prisons participated in the strike. However, due to restrictions imposed by guards, the IWOC faced difficulty communicating with those incarcerated throughout the strike period.

“It’s been hard to communicate, the guards don’t understand non-violent resistance, the system doesn’t understand non-violent protest,” said Peril. “When people refuse to eat or refuse to work it is treated as a riot, as violent resistance […] the entire prison goes on lockdown and no one can communicate with their friends or loved ones.”

Nationally, the strike was scheduled to end Sep. 9, the anniversary of the 1971 Attica prison uprising, though protests may be extended in some institutions.

The IWOC declared 10 demands for the strike, including increased funding in state prisons, voting rights for the incarcerated and the recall of The Prison Litigation Reform Act (PLRA) and The Truth in Sentencing and Sentencing Reform Act (TIS).

PLRA was passed by Congress in 1995 and restricts the circumstances under which prisoners can pursue legal action. However, the policy’s language created a system in which institutions enforce the legal rights of prisoners without a strong degree of general regulation. Consequently, an inmate’s opportunity to seek an appeal of their sentence is largely dictated by the rules of the institution to which they are assigned.

Last amended in 1996, TIS was created to address a disparity between sentences delivered in court and time served by inmates in prison. As an incentive for institutions to reduce the number of prisoners released on parole before their sentence had officially ended, the government began offering monetary grants to state institutions to ensure prisoners served a minimum of 85 percent of their sentence. Hence, prison owners are now financially motivated to reduce rehabilitation efforts and keep inmates behind bars for longer.

These two acts reduce the chances of prisons releasing inmates and of offering rehabilitation services, yet prisoners still have certain rights while incarcerated. These rights can be summarized in eight distinct bullet points, which include the right to be free from sexual crimes, the right to humane facilities and conditions and the right to appropriate mental health care.

While these rights seem to provide only the barest of protections for individuals incarcerated, several investigations have revealed that even these conditions are not being upheld in U.S. prisons.

The 2018 National Prison Strike was held to create greater awareness of these topics and increase advocacy for prison reform.

Methods of the strike were strategic – prisoners striked by refusing to work because the IWOC identified prison labor as a key contributor to poor conditions for inmates.

An initial press release for the strike distributed by Jailhouse Lawyers Speak, a group of inmates educated in legal practice and affiliated with IWOC, referred to prison labor as “modern day slavery” and asserted “all persons imprisoned in any place of detention under United States jurisdiction must be paid the prevailing wage in their state or territory for their labor.”  

William Jewell College student Robert Hemphill, senior English major and secretary of the student organization Young Democratic Socialists (YDS), witnessed the reality of prison labor first-hand.

“I was a beneficiary of the prison system, my parents both worked for the federal prison system,” said Hemphill. “I grew up on a reservation on the edge of the prison […] we would get mulch put down on our yard by inmates, we would get our lawn mowed by inmates, they even had events for prison families that the inmates would do all of the labor for.”

Hemphill is referring to Lewisberg Federal Penitentiary – a high-security prison known for housing the “worst of the worst.”

A group broadly against capitalism, Jewell’s YDS has taken a particular interest in this year’s prison strike.

“You can be pro-capitalism, but you cannot deny that, in its current state, it relies on slave labor [in the U.S.],” said Hemphill. “Everything about our modern economic system, our modern world, relies on taking a large swath of the population, stripping them of their rights, education and restorative opportunities then putting them into prisons. […] A labor class is being created in the U.S.”

Prison labor is legally required in the U.S. and it has become a billion dollar industry, with prisoners producing everything from mattresses to road signs, spectacles to body armour for government agencies. While the sale of these products brings in billions of dollars in revenue annually, prisoners are paid as little as 0.12 cents to 0.40 cents an hour for their work.

Advocacy groups have long boycotted privately owned prisons, several of which reportedly engage in illegitimate cost-cutting measures such as hiring under-trained staff or almost entirely replacing guards with CCTV cameras.

Yet, only recently has it been made public that the public prison system in the U.S. contributed to the development of the new prison-industrial era as much as private institutions. In fact, since 1979, the state-run Federal Prison Industries have been outsourcing prison laborers to private industries under the name “UNICOR.”

Marketing itself as a “federal government program that truly ‘works’ in every sense of the word, while providing the added benefit of changing lives,” UNICOR allows private companies to contract with prisons in order to hire inmates located in “factories with fences” to work as laborers for a fraction the cost of minimum wage.

UNICOR appeals to private companies by offering an extensive catalogue of produceable goods and “a readily available workforce in low cost manufacturing facilities” to “more competitively” price final products.

While such treatment within private prisons can be reported to legal officials and handled in the appropriate courts, programs that operate in state-run prisons, like UNICOR, are regulated directly by Congress.

These practices are legal under the grounds of the 13th Amendment to the U.S. Constitution, which states that in the nation and its territories, slavery and involuntary servitude is illegal “except as a punishment for crime whereof the party shall have been duly convicted.”

Photo courtesy of kitoconnell.com.