Here is a press release sent to the membership tonight ( 6/9/09):

FOR IMMEDIATE RELEASE

Screen Actors Guild Members Overwhelmingly Ratify TV/Theatrical Agreements

Los Angeles, (June 9, 2009) – Screen Actors Guild announced today that members have voted overwhelmingly to approve its TV/Theatrical contracts by a vote of 78 percent to 22 percent.

The two-year successor agreement covers film and digital television programs, motion pictures and new media productions. The pact becomes effective at 12:01 a.m. June 10, 2009 and expires June 30, 2011.

The contracts provide more than $105 million in wages, increased pension contributions, and other gains and establishes a template for SAG coverage of new media formats.

Approximately 110,000 SAG members received ballots of which 35.26 percent returned them – a return that is above average compared with typical referenda on Screen Actors Guild contracts. Integrity Voting Systems of Everett, WA, provided election services and tonight certified the final vote tally upon completion of the tabulation.

The vote count in the Hollywood Division was 70.70 percent to 29.30 percent in favor. In the New York Division, the vote count was 85.74 percent to 14.26 percent in favor. And in the Regional Branch Division, the vote count was 89.06 percent to 10.94 percent in favor.

Screen Actors Guild President Alan Rosenberg said, “The membership has spoken and has decided to work under the terms of this contract that many of us, who have been involved in these negotiations from the beginning, believe to be devastatingly unsatisfactory. Tomorrow morning I will be contacting the elected leadership of the other talent unions with the hope of beginning a series of pre-negotiation summit meetings in preparation for 2011. I call upon all SAG members to begin to ready themselves for the battle ahead,” Rosenberg added.

Screen Actors Guild Interim National Executive Director David White said, “This decisive vote gets our members back to work with immediate pay raises and puts SAG in a strong position for the future. Preparation for the next round of negotiations begins now. Our members can expect more positive changes in the coming months as we organize new work opportunities, repair and reinvigorate our relationships with our sister unions and industry partners, and continue to improve the Guild’s operations.”

Screen Actors Guild Chief Negotiator John McGuire said, “I want to thank the SAG members and staff who dedicated their time to the negotiations process. We emerged with a solid deal that the members have now voted up. The negotiating team worked tirelessly, building on the work of the first negotiating committee, to deliver these improvements to members.”

Screen Actors Guild began talks with the Alliance of Motion Picture and Television Producers on April 15, 2008. Guild Chief Negotiator John McGuire, Interim National Executive Director David White, and Deputy National Executive Director for Contracts Ray Rodriguez, working with a 10-person negotiating task force comprised of Screen Actors Guild board members and officers representing the three divisions, reached the tentative agreement on April 16, 2009 after 12 months of periodic negotiations with the motion picture studios and television networks.

In what should be a ‘perfect storm’ of events that could, and MUST help stimulate a substantial increase in SAG theatrical contract film production in Texas, ratification of the new SAG / AMPTP agreement was preceded by passage and more importantly, full funding of the requested $62 Million Texas film incentive legislation.

From TXMPA President, Don Stokes:

It is my extreme pleasure to report a very successful legislative session for the moving image industry. TXMPA has played an integral roll in the passage of HB 873 which created our enhanced and flexible incentive program as well as HB 2521 which creates guidelines for preferred vendor status for Texas based companies in producing media-related services for the State and SB 1929 which creates media production development zones which encourages the creation and development of production infrastructure like sound stages.

Of equal importance, our full funding request of $62 million dollars for HB 873 was passed by both the House and Senate. Congratulations to all of you who assisted in these achievements. None of this would have been possible without our industry coming together and speaking with a singular voice. Thanks again to all of you who participated in Lobby Day and spoke as witnesses in the various committee hearings. We also owe thanks to our friends at HillCo Partners who lobbied tirelessly to make sure our message was heard and that legislators understood that we only wanted what benefited both our industry and the State. And finally I want to express our gratitude to the Texas Film Commission for all of work and efforts they put forth on our behalf. Our success was truly a team effort. Take a moment to bask in our successes, but only a moment…

FILM & TELEVISION PROJECTS

* Feature Films
* Documentaries
* Episodic Television Series
* Television Episodes
* Television Movies
* Miniseries
* Reality Television
* Interstitial Television Programming
* Nationally Syndicated Talk Show

Program Overview

* Tiered incentive payments of 5-15% based on level of Texas spending.*
* Option to choose incentive calculation based on total in-state spending or wages paid to Texas residents.*
* Possible bonus of 2.5% if 25% of production completed in underutilized area.
* Texas spending can include eligible pre-production, production and post-production expenditures.
* No cap on incentive amount.

Minimum Qualifications

* $250,000 in Texas spending.
* 60% of shooting days completed in Texas.
* 70% of paid crew must be Texas residents.
* 70% of paid cast (including extras) must be Texas residents.*

* except reality television and talk shows.

Below is the latest list of possible SAG signatory productions for south region states, Louisiana and Texas. This list is assumed to be the last such list to be published before the new Texas film tax incentive program has a chance to impact production in Texas and possibly in states such as Louisiana and New Mexico.

Louisiana

“Dead Whisper” - #00231285
Dead Whisper Productions – Theatrical
Location: New Orleans, LA; Big Bear, CA
Start Date: To be determined

“Hurting Kind, The” - #00244310
TNC Shreveport, LLC – Low Budget Modified
Location: Shreveport, LA
Start Date: July 26, 2009

“Jaws of the Mississippi” - #00225090
Jaws Productions, LLC – Low Budget Modified
Location: Lafayette, LA
Start Date: July 6, 2009

“Untitled Alphi Phi Alpha Doc” - #00241154
Omnipotent One, Inc – Theatrical
Location: New Orleans, LA
Start Date: July 9, 2009

Texas

“Beyond the Whispers” – #00244882
Broken Camera Productions – Ultra Low Budget
Location: Boerne, TX
Start Date: To be determined

“Broken Promise, A South Texas Story” – #00210652
Que Tal Productions, LLC – Ultra Low Budget
Location: Brownsville/Mercedes, TX
Start Date: To be determined

“Carried Away” - #00238361
Carried Away, LLC – Ultra Low Budget
Location: Fort Worth, TX
Start Date: To be determined
Casting: James Johnston 817-915-4565

“Imago” - #00244751
Upstart Filmworks, LLC – Ultra Low Budget
Location: Houston, TX
Start Date: August 1, 2009

“Iron Horses” - #00237421
Curveball Films, LLC – Low Budget
Location: Austin, TX
Start Date: August 1, 2009

“Last Thanksgiving, The” – #00243410

TLT Productions – Ultra Low Budget
Location: Donna, TX
Start Date: To be determined
Casting: Pedro Garcia

“Letter H, The” – #00233247
GCP Film, LLC – Theatrical
Location: Houston/El Paso, TX
Start Date: September 3, 2009

“Matter of Honor, A: The Assassination of Sam Giancana”Distraught Sound and
Film Works in Association with Tommy Fadd and Good Boy Films
Location: Austin, TX
Start Date: To be determined

“Maybe, Maybe No” – #00239585
Red Raider Films, LLC – Ultra Low Budget
Start Date: 6/12/09 – Wrap Date: 7/26/09
Location: Wylie, TX
Casting: Ryan Paige 310-424-5256

“Mongolian Death Worm” – #00244759
Sweet Tater, LLC – Low Budget
Location: Dallas, TX
Start Date: June 22, 2009

“Red, White and Blue” - #00244689
RWB Films, LLC – Ultra Low Budget
Location: Austin, TX
Start Date: June 14, 2009
Casting: Karen Halford of Casting Works L.A.

“Secret Dark, A” – 00241474
30 Days, LLC – Low Budget
Location: Houston, TX
Start Date: June 15, 2009

“One Moon in Luck aka Shoot Out of Luck” – #00244805
Liz Destro – Theatrical
Location: Austin, TX
Start Date: October 1, 2009

“Untitled Ana Zims Romantic Comedy” – #00244038
Ana Zims – Ultra Low Budget
Location: Texas (unspecified), CA
Start Date: June 14, 2009

“Walk Away Joe” - #00242161
WAJ Productions, LLC – Theatrical
Location: Dallas, TX; Los Angeles, CA
Start Date: To be determined

“Where’s the Dan? The Search for Dan Schneider” – #00242803
Cosby Siringi – Ultra Low Budget
Location: Huntsville/Conroe, TX
Start Date: To be determined

Why The Smoke & Mirrors, SAG & AMPTP?

I don’t see why the SAG National Majority and their pals, the Big Media labor lawyers, are needing to waste more than an hour in talks since all they’re doing is Xeroxing AFTRA’s TV/Theatrical Contract. These past two days have consisted of nothing more than playing at negotiations. Sure, feature players will be thrown a few bones regarding French hours and force majeure and other stuff the AMPTP was going to back off anyway. Heck, the plan by the AMPTP all along was to make a big show of only giving in to the so-called “moderates” once they came into power in order to make them look all that much better compared to the “militants”? Nice to know that the SAG National Majority is following the AMPTP’s script to perfection. So color me unimpressed when this deal is reached lickety split. And the heavy-lifting residuals issues really necessary to the continued financial security of SAG and its members will be left off the table.

Read all the DHD Coverage here

SAGWatch BLOG

From Digital Media Law:

SAG and the AMPTP ended their second day of talks at about 10:00 p.m. this evening (Weds.), but will resume tomorrow at 1:00 p.m. for a third, previously unannounced day of talks, said a source close to the negotiations. No other info was available on the progress of negotiations, but this is obviously a hopeful sign in a situation that’s been largely devoid of them until the last 30 days.

Negotiations had resumed Tuesday, accompanied by dueling protests, one from an organization of below-the-liners calling itself Back to Work, organized largely by camera operators Jon Philion and Andrew Rowlands and cinematographers Ed Gutentag and Bruce McCleery, and the other from Membership First. BtW was urging a deal, while MF was protesting the likelihood that the talks would result in what they consider an unacceptable deal. There were about 100 protesters in all, reports Variety.

Accept a truly lousy contract now and hope to undo the damage in three years? Or reject the contract and take a strike authorization vote?

What happens if the guild does take that strike authorization vote and it is defeated? What happens if it passes? Do we really want to strike at a time when the national economy and millions of families are in financial distress?

Do we really believe that SAG, WGA and AFTRA will come together in three years as a group, united in a way that they have not been during this round of contract negotiations?

What is the best hope for the non-star actors who rely on contracted minimums and residuals to pay their bills and try to support their families?

Today, Nikki Finke of Deadline Hollywood Daily has posted a proposal to SAG. Below is an excerpt. I suggest you go to DHD and read the whole proposal and then read all of the comments.

The decision by SAG president Alan Rosenberg and executive director and chief negotiator Doug Allen to delay the Strike Authorization Ballot originally scheduled to start January 3rd should be recognized as the smart move to make now when SAG’s solidarity is splitting down the middle. It is a mature recognition that both sides on this issue raise valid points and deserve to be heard before anything with the word “strike” on it is considered by members.The “Yes” camp believes that actors will be stuck with what is inarguably a lousy deal undermining residuals not just for the next three years but perhaps forever given Big Media’s historical refusal to contractually revisit new technologies. The “No” camp thinks that a Strike Authorization will inevitably lead to an ill-timed strike in this economic recession and that SAG should join the other Hollywood guilds in 3 years to try to negotiate better terms with the AMPTP.So what was supposed to be a January 24th weekend National Board meeting has now been moved up to January 12th and 13th. It’ll constitute one of the two plenary face-to-face confabs held each year. The NY Division and the Regional Divisions should have no trouble traveling to the Hollywood division’s backyard with so much advance notice. The point of this decision to delay is to ensure a fair airing of all views. (It even takes into account the “No” vote petition supposedly signed by “well-known” actors even though the list includes no mechanism for verifying the names posted on it.)

I believe that SAG now has a unique opportunity to bypass a strike authorization altogether and place itself in an even stronger negotiating position by following a third and less risky course of action: to vote on the AMPTP’s June 30th contract proposal.

Therefore, I urge SAG to…

See the whole post and comments at Deadline Hollywood Daily

Friday, December 5, 2008
New action in local film sector
No. 1 ranking in movie magazine lures producers

Brady Anderton and Ben Hurst of Fueld Films based the relocation of their company on two things: a spreadsheet and a gut feeling.

Fueld Films, a commercial and film production company, moved from Denver to Austin four months ago. But before the company moved here, the duo put together a spreadsheet that looked at factors like livability and infrastructure. Then, they compared the city to other top film production markets from Los Angeles to Chicago.

“Austin outscored everybody,” Anderton says. “And it looks like additional infrastructure is coming as far as studios, additional crew and additional talent.”

“We also got a feeling,” Anderton adds with a chuckle.

Fueld Films is among a handful of film or video companies that have gotten a good feeling about Austin in the last year. Independent film and video production company Publik Pictures LLC also relocated to Austin a few months ago from the East Coast.

Many of these filmmakers are pointing to Austin’s first-place ranking in MovieMaker magazine’s list of best places to live, work and make movies. Austin outranked New York and Seattle, along with up-and-coming locations like Albuquerque, N.M., and Shreveport, La., according to this year’s survey.

And it’s not only small production companies making the move.

This week, four Hollywood veterans debuted Wildfire Films Co., an Austin-based film production company that has received the green light for close to $86 million in film projects.

Wildfire Films’ first project is a $25 million feature film, “16 Minutes,” about Hispanic civil rights leader Gustavo “Gus” Garcia. It is co-producing the film with Fred Roos of Overture Films.

Wildfire Films Producer Mark Hacker says the company selected Austin because of the availability of production talent and the concentration of “new media” companies.

“We came here because of the people and the artistic community for filmmakers,” Hacker says. “Now there is also a resurgence with new media that’s flourishing in Austin.”

Add in the fact that the WGA is threatening a suit vs the AMPTP for not paying residuals on so called NEW MEDIA content as required in the contract that AMPTP insists is their ‘last best offer’ to SAG and the situation just gets muddier.

HERE’S THE SAG STATEMENT:

“Our leadership was optimistic that federal mediation would help to move our negotiations forward, but despite the Guild’s extraordinary efforts to reach agreement, the mediation was adjourned shortly before 1:00 AM today.

“Management continues to insist on terms we cannot responsibly accept on behalf of our members. As previously authorized by the National Board of Directors, we will now launch a full-scale education campaign in support of a strike authorization referendum. We will further inform our members about the core, critical issues unique to actors that remain in dispute.

“We have already made difficult decisions and sacrifices in an attempt to reach agreement. Now it’s time for SAG members to stand united and empower the national negotiating committee to bargain with the strength of a possible work stoppage behind them.

“We remain committed to avoiding a strike but now more than ever we cannot allow our employers to experiment with our careers. The WGA has already learned that the new media terms they agreed to with the AMPTP are not being honored. We cannot allow our employers to undermine the futures of our members and their families.

“No timeline has been set for the mailing or return of the strike authorization ballots.”

And the AMPTP RESPONSE:

“The AMPTP accepted the federal mediator’s invitation to meet with SAG in hopes of concluding our seventh major agreement of 2008. The Producers met for two days with SAG at the request of federal mediator Juan Carlos Gonzalez. The parties were unable to reach an agreement and the mediator has adjourned the mediation process.”

THIS IS AN ALERT TO ALL SCREEN ACTORS GUILD MEMBERS

It is imperative to your well being that you read the TV/THEATRICAL NEGOTIATING UPDATE that was recently mailed to you by Screen Actors Guild and check the box showing support for Doug Allen, Alan Rosenberg and the Negotiating Committee, giving them the authority and ability to go in and negotiate a better deal for you.

We, the membership, need to understand the full impact and ramification of demands being made by the AMPTP and, in particular, the two issues listed below.

Thousand of members will be denied health coverage, pension benefits and residuals.

Free Streaming/Move Over
Streaming network television shows on the internet. There are very important elements of streaming that should be understood.

The AMPTP demands:
· 17 days free streaming for current shows
· 24 days free streaming for new shows, followed by:
· Two consecutive 6-month ‘spurts’ for a payment of 3% of Total Applicable Minimum
· Guest star $85.00
· Day Player $22.77

Why is this a problem? It will not be supplemental income, but replacement income. As free streaming depletes the value of reruns, the first and second rerun residuals will be lost.

· Guest Star “top-of-show” (approximately $6,500), loses 60% of income

1st rerun residual $3,290 – lost
2nd rerun residual $3,290 – lost

· Day Player, scale (approximately $759), loses two-thirds of income

1st rerun residual $759 – lost
2nd rerun residual $759 – lost
In aggregate this represents a potential of 100-200 million dollars.
This lost income will have a profound impact on individual members’ Pension & Health Plans.

Day Player:
· Currently needs about nine days work with 1st and 2nd rerun residuals.
· Without rerun residuals, will need about 27 days work, an almost impossible number of days to reach

Guest Star:
· Currently needs about two guest roles with 1st and 2nd rerun residuals
· Without rerun residuals will need over 3 guest starring roles to qualify

Thousands of members that now qualify will find themselves without health coverage, pension benefits and residuals, turning our union into an elitist union representing only those temporarily the most successful.

Clips:
· Producers may use clips for promotional purposes without consent or payment
· For any other purpose, consent is required and negotiable… but cannot be negotiated at time of original employment

This preserves the principle that your work can only be used in and for the film on which you are engaged, allowing you and your heirs to retain control of your name, voice and likeness.

AS A CONDITION OF EMPLOYMENT, in order to build a new industry based on clips, the AMPTP is demanding:
· we give up consent and negotiation;
· allow them to mix and mash clips: “mashing” – putting together 2 or more clips from different sources, creating a new product. we will have no control over how clips are mixed or mashed, leaving the door open for a total perversion of our creative work.
• For a payment of:
· under 2 minutes – $25.00
· under 4 minutes – $75.00
· over 4 minutes – $22.77

You need to clearly understand that you will be denied employment if you do not accept these nominal payments and give up your right of consent.

It is critical that you be informed and weigh in on these two issues and the others outlined in the TV/Theatrical Negotiating Update. Our membership, the public and members of the industry at large should understand we are fighting for the basic bread and butter issues of pension benefits, health coverage, the protection of our work and the opportunity to make a living in our chosen careers.

This should be considered supplemental to the TV/Theatrical Negotiating Update which you have just received from the Guild.

Fraternally
Ed Asner
Tom Bower
David Clennon
Rob Schneider

SAG and AFTRA, which plan to negotiate jointly on the ad deal, made the disclosure Wednesday in a brief joint announcement with the ad industry.

It’s the second extension of the pact, which had been set to expire Oct. 29. The unions and the ad industry agreed in 2006 to a two-year extension of the contract in order to allow Booz Allen Hamilton to conduct an independent study about changing revenue models in the ad biz due to the impact of new media.

The announcement did not include any indication of when negotiations will start, but it’s unlikely that SAG will be ready to begin talks until it resolves its feature-primetime deal.

Read the whole story at DAILY VARIETY