Why are A24 allowed to keep making movies amid strikes?
Although the landmark double-strike of both actors and writers has bought Hollywood studios and streamers to a production standstill, independent productions, like that of A24, can still continue if granted waivers.
The actors’ union SAG-AFTRA has recently given A24 the go-ahead to continue working on two upcoming films, Death of a Unicorn, starring Jenna Ortega and Paul Rudd, and Mother Mary, starring Anne Hathway and Michaela Coel. Indie flicks that receive similar exemptions are required to stick to the terms of the last offer made by SAG-AFTRA during contract negotiations with studio and streamer reps, AMPTP.
The 39 films that have been granted exemption so far are already shot and completed, and the exemption allows them to freely promote them – whereas studio films have been forced to entirely shut down the promotion cycle, pulling out of events like San Diego Comic-Con.
As a result of the Writers Guild of America (WGA) and SAG-AFTRA joint walk-outs, many huge Hollywood productions are facing shutdowns, effectively halting the development of highly-anticipated films like Deadpool 3 and Gladiator 2. However, nearly 50 projects have been cleared by the union to continue, and the list is expected to be ever-growing as the waiver applications continue to roll in.
Helen Rella, an employment attorney, told the LA Times that the exemptions were “beneficial” to the independent companies because they allow those who depend on these projects to get paid for their work.
“This is a very difficult situation for everybody, primarily for working-class actors and the production crews who depend on these projects to be able to earn a paycheck to feed their families,” said Rella. “This is not just a situation of high-profile celebrities who are fronting the cause.”
As the cult favourite production house behind last year’s box-office hit, Everything Everywhere All At Once, A24 is in the unique position of rising through the ranks above the big studios who cannot work on their upcoming releases. In fact, it strengthens its position as a viable, independent outsider.
Duncan Crabtree-Ireland, the union’s executive director, also said that actors are being actively encouraged to participate in independent projects during the strike. His reasoning was that if smaller productions are able to oblige and move forward on the union’s terms, it undermines the position of studios and streamers that their demands are “unrealistic”.
This comes after Disney CEO Bob Iger lambasted the strike effort, going as far as to say it was “disturbing” to him in an appearance on CNBC. “There’s a level of expectation that they have that is just not realistic,” he said. “And they are adding to the set of the challenges that this business is already facing that is, quite frankly, very disruptive,” citing the Covid-19 pandemic as another difficult blow to the industry.
Naturally, his comments were rebuffed by SAG-AFTRA president Fran Drescher, who responded in a statement: “The companies have refused to meaningfully engage on some topics, and on others completely stonewalled us. Until they do negotiate in good faith, we cannot begin to reach a deal.” Until that moment is reached, indie outlets like A24 will increasingly seem like an attractive alternative for actors and writers.
What do the WGA and SAG-AFTRA want?
Put simply, both the WGA and SAG-AFTRA want an increase in minimum pay rates. Such comes snowballed, however, with increased royalties, improved working conditions, higher contributions to pension plans and an aforementioned guarantee regarding the future use of AI in the industry.
This tension has come about as the goalposts of the industry have changed, with the previous deal regarding royalty payments being subject to the number of re-runs a show has, with this being a redundant value due to streaming services. The TV content such platform offer has also changed, with studios now rarely running frequent, long seasons, preferring shorter seasons that are stretched over longer periods.
There is also great concern in relation to performers protecting their digital identity, fearing that studios wish to take advantage of their likeness using AI. The AMPTP said in a statement that they had a “groundbreaking AI proposal,” which they claimed would protect digital likenesses, requiring consent from actors to use such replicas.
Rejecting the statement, the SAG-AFTRA chief negotiator Director Duncan Crabtree-Ireland, stated that the proposal offered one day’s pay to get their likeness scanned. This would then allow the studios to “own that scan, their image, their likeness, and be able to use it for the rest of eternity in any project they want with no consent and no compensation”.
