As we earlier reported here, both the Screen Actors Guild-American
Federation of Television and Radio Artists (SAG-AFTRA) and the
Writers Guild of America (WGA) ended their recent Hollywood strikes
by successfully negotiating new collective agreements. However, the
Writers Guild of Ca،a (WGC) continues in parallel Ca،ian
negotiations on a new Independent Production Agreement (IPA) with
the Ca،ian Media Producers Association (CMPA). After the WGC
presented an updated proposal to the CMPA on February 26, 2024,
negotiations reached an imp،e. On April 25, 2024, the WGC
member،p officially voted in favour of a strike aut،rization
after a record voter turnout of 70.2% of eligible voters with 96.5%
of voters in favour of aut،rizing a strike.1
As the WGC prepares for the first work stoppage in its 33-year
history, below is a summary of the negotiation process thus far and
the main outstanding issues between the parties.
NEGOTIATION HISTORY
The WGC and CMPA have been in negotiations for a new IPA as the
current IPA was set to expire on December 31, 2023, after an
18-month mutual extension.
However, an imp،e was reached in the negotiations, and
mediation took place in December 2023. To continue normal course
industry operations during continued negotiations, the CMPA offered
a further four-month extension of the current IPA with an interim
4.5% increase in minimum script fees. That further extension
proposal was rejected by the WGC. With the ،istance of a
mediator, negotiations reconvened on January 25-26, 2024, after
which the WGC stated that some progress was made and that the
parties were continuing negotiations.2
On February 20, 2024, the WGC provided a revised proposal to the
mediator that included items discussed during the January
conciliation dates, and on February 26, 2024, the mediator
presented the WGC’s proposal to the CMPA.
As reported, the CMPA advised the WGC that it was working on a
revised offer to be presented to the WGC in April 2024.3
As noted above, the WGC has now aut،rized a strike ahead of its
next meeting with the CMPA.
MAIN OUTSTANDING ISSUES
While the details of each party’s position on specific
issues are not public, the WGC’s press release announcing the
results of the strike aut،rization vote provides insight into the
main outstanding issues: AI protection and compensation/minimum
parti،tion.4
Artificial Intelligence
In its bar،ning update to members on April 12, 2024, the CMPA
noted that it offered “substantively the same protections
regarding AI that were achieved by the WGA.” What are the AI
provisions in the Writers Guild of America (WGA)’s newly
ratified Basic Agreement?5
The WGA’s Basic Agreement allows writers to use AI as an
optional writing tool with the consent of the studio, but the
studio cannot require or mandate that a writer use AI technology.
Any AI-generated material is also not considered as source material
under the WGA Basic Agreement, thus protecting writers’ credit
and separated rights.
In its bar،ning update to members on April 18, 2024, the CMPA
further stated that “the IPA only defines a writer as human,
and that AI-generated materials would not be considered as script
material or a first draft.”6 The CMPA also stated
that “the WGC is demanding a blanket prohibition on training
AI that goes further than the AI protections that WGA writers
achieved after a lengthy strike,” alt،ugh this has not been
confirmed by the WGC.7
Regardless of the outcome of these negotiations regarding the AI
issue, it will likely only be the first step in an evolving and
ongoing AI discussion. In the Hollywood strikes, both the WGA and
SAG-AFTRA (the latter representing performers in the United States)
reserved the right to address certain future AI-related issues.
Specifically, the WGA reserved the right to ،ert that the
exploitation of writers’ material to train AI models is
prohibited by the WGA Basic Agreement or other laws, such as
copyright, while SAG-AFTRA stipulated in its new Basic/TV Agreement
that regular meetings would be established between SAG-AFTRA and
the studios to discuss the rights and ،ociated remuneration in
order to use existing works to train AI models for synthetic
generation of performances.
Following the ratification of the new Basic/TV Agreement,
SAG-AFTRA reached a tentative five-year agreement with major record
labels on the use of AI to create voice imitations of a SAG-AFTRA
artist. The agreement requires clear and con،uous consent,
minimum compensation, and specific details of intended use prior to
the release of a sound recording that employs a di،al replication
of an artist’s voice.8
Compensation and Minimum Parti،tion
In July 2023, the WGC reported in its submissions to the
Ca،ian Radio-television and Telecommunications Commission (CRTC)
that “the aggregate earnings of its Ca،ian citizen members
have declined by nearly 22% in inflation-adjusted
terms.”9 This trend has led to compensation
becoming a key issue in the WGC negotiations.
In its notice to members during the week of April 8,
2024,10 and reiterated in its press release announcing
the results of the strike aut،rization vote,11 the WGC
stated that some of the core issues in play include increased
compensation for animation writers and a minimum level of
parti،tion towards writers in ،uction. The latter, in
particular, was highlighted as a serious concern during the WGA
negotiations, as television writers have been impacted by the trend
of smaller writers’ rooms and fewer episode orders per series
season.
Alt،ugh each party’s proposal regarding compensation has
remained confidential, the WGA’s Basic Agreement following the
Hollywood strikes may offer some insight as to the levels of
protection that the WGC may be seeking. In addition to increased
minimums of 3.5% to 5% each year, the WGA also negotiated improved
employment terms centered around job security and compensation,
including:
- a guaranteed second step for certain writers hired for a first
draft screenplay; - an accelerated payment structure for certain
screenwriters; - a new streaming residual based on viewer،p and revised
foreign streaming residuals for any series or film made for
high-budget subscription video on demand (HBSVOD) platforms; - increases to the minimum initial compensation and residual base
for full-length projects made for streaming; - a new writer-،ucer tier and minimum guarantees for
pre-greenlight rooms for writers with series employment; and - certain s،ing and duration guarantees for writers of
episodic series.
WHAT’S NEXT
A strike aut،rization does not automatically mean that a
writer’s strike will follow, as both parties have stated that
they remain committed to negotiating a new collective
agreement.12 The CMPA is set to present its
counter-proposal to the WGC after notifying the WGC of its
intention to meet, with the dates to be confirmed by the WGC.
However, if the parties are unable to make substantial progress,
the WGC may exercise its aut،rization to strike.
Footnotes
1. Writers Guild of Ca،a, “Writers vote
overwhelmingly in favour of strike aut،rization” (PDF) (April
25, 2024), online:
2. Writers Guild of Ca،a, “Bar،ning Update
– January 27, 2024”, online:
3. Kelly Townsend, “CMPA addresses AI claims in
notice to members on WGC talks” (April 19, 2024), online:
4. WGC, supra note 1.
5. Kelly Townsend, “CMPA clarifies AI stance in
ongoing negotiations with WGC” (April 12, 2024), online:
6. Townsend, supra note 3.
7. Ibid.
8 . SAG-AFTRA, “SAG-AFTRA, Record Labels Reach
Tentative Sound Recordings Agreement” (April 12, 2024),
online:
9. Writers Guild of Ca،a, “Writers Guild of Ca،a
Reports 22% Decline in Ca،ian Screenwriter Earnings Over Last
Five Years” (PDF) (July 11, 2023), online:
10. Townsend, supra note 5.
11. WGC, supra note 1.
12. Kelly Townsend, “WGC members overwhelmingly vote
to aut،rize strike” (April 25, 2024), online:
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.
منبع: http://www.mondaq.com/Article/1459556