As of Tuesday 18 July, SAG-AFTRA has been handing out strike waivers to SAG-AFTRA member actors engaged with several film shoots that pass their ‘truly independent’ benchmark. While the exact qualification is still a little murky- no doubt intentionally, to allow for discretion in the process- it’s a noted relief for both actors needing to work and the independent side of the industry both. Blake & Wang P.A. entertainment attorney, Brandon Blake, shares what we know.
What is ‘Truly Independent’?
To be classed as a ‘truly independent’ production, the film cannot be affiliated with a struck studio, be under a distribution deal, or receive financing from mini-majors or majors. It seems that ‘negative pickups’ won’t be included, while those using loans or equity at least have a chance.
The need to thoroughly vet each production will lead to a slow finalization process, but at least the option is there. According to a leaked confirmation letter, those who qualify for the waiver must also agree to execute an interim agreement with the guild when it becomes available to them. This includes an 11% wage increase on the original deal- and the assumption they will ratify the final agreement when the strike ends, we assume.
Lastly, be aware that the interim agreement does not apply to those under the guild’s Micro-Budget, Short Project, Independent New Media, and Student Film Agreements, as the very lowest budget agreements with the guild are not being struck. Additionally, SAG-AFTRA is encouraging members to pursue work under the guild contracts not affected by the walkout- like Soap casting, which is governed by the Network Television Code, not the TV/Theatrical/Streaming contract. Additionally, talk shows, game shows, and variety shows are allowed.
An Odd Time to Work
The waiver should give film insurance bond companies sufficient assurance to insure productions, something the strike has threatened. However, without a stable working atmosphere, it’s unlikely we’ll see a huge spate of new movies rushed into production, indie or not. Something of a limbo state, where no one is entirely sure how long the current climate will exist, is inevitable with a mass strike action. Additionally, it’s not entirely clear whether new productions can apply for the waiver at all, or if it is only on offer for those that applied for a SAG-AFTRA representative before the strike began.
Of course, simply receiving a waiver doesn’t magic away all woes. The WGA has provided only one waiver- to the Tony Awards. And there’s no guarantee there won’t be a WGA picket line waiting. Not every actor is going to be willing to work during the strike even if a waiver is present. And few of the producers who receive one are going to want the optics of turning around to sell a waiver production to a streamer.
For those least able to float time without the cameras rolling, the offering of the waiver is a nice touch to further facilitate the recovery in independent filmmaking. However, it would be altogether better if we could see some real movement towards a new agreement at the bargaining table rather than hoping for the best with waivers and the confusing labyrinth of shut-down struck contracts and non-struck contracts still active.
