From May 2 to Sep. 26, 2023, the Writers’ Guild of America (WGA) successfully secured a tentative agreement with the Alliance of Motion Picture and Television Producers (AMPTP) after 148 days on strike, allowing all writers to resume work.

WGA and AMPTP have negotiated a 94-page Minimum Basic Agreement (MBA) that will last for three years. Outlined in the Memorandum of Agreement (MOA) are payment increases, health contributions, improved terms and staffing minimums. 

The WGA has also secured protections against artificial intelligence (AI) in which AI cannot write or rewrite material, AI will not be considered a writer under the MBA and will not be credited as such, and AI usage cannot be required by companies. Companies must disclose to writers if given materials contain AI-generated content, and the exploitation of writers’ material to train AI is prohibited.

Similarly, from July 14 to Nov. 9, 2023, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) have just recently struck a tentative agreement with the AMPTP after 118 days on strike.

SAG-AFTRA and AMPTP have negotiated a MOA with over 100 pages that will last for three years. Outlined in the MOA are payment increases, health contributions, protection against AI, equity and inclusion policies and sexual harassment policies. 

Compared to the WGA, the SAG-AFTRA protections against AI are seemingly more complex. Consent is required for the digital alteration of a performer in any form; however, some exceptions may be: (1) post-production editing for purposes of cosmetics, sound, timing, continuity, pitch, effects and filters, standards and practices, ratings, adjustment in dialogue or narration or other similar purposes; (2) audio dubbing or using a double if permitted under Codified Basic Agreement or Television Agreement; (3) facial or body adjusting, altering voice to a foreign language, or changing dialogue or imagery for licensing or selling.

Producers must notify and specify any nudity or sexual scenes that are expected of a performer before an audition or interview and no later than 48 hours in advance of call time. Producers are also encouraged to use an Intimacy Coordinator for nudity or simulated sex scenes and consider the use of an Intimacy Coordinator if requested by a performer for any scenes. All employees will be provided easy access to a company’s non-discrimination and anti-harassment policies.

Performers with disabilities can now request accessibility accommodations if the requests are reasonable. Protections for underage actors for auditions were also put in place. Producers may not request a performer of any age to appear nude or wear anything more revealing than a bathing suit appropriate for a public pool.

With many other policies put in place for income, benefits and such, the SAG-AFTRA and WGA have gained meaningful progress in the protections of their performers. This 3-year contract has sparked a new beginning for the writing and acting industry.

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.