When production began on “Exhibiting Forgiveness,” the first film by African-American painter Titus Kaphar, in June in New Jersey, the producers were prepared for the possibility of a strike by SAG-AFTRA (Screen Actors Guild-American Federation of Television and Radio Artists). The movie, which features a cast of as-yet unannounced SAG actors, including at least one Oscar nominee, had been in close contact with their SAG representative as negotiations were ongoing between the actors’ union and the Alliance of Motion Picture Television Producers (AMPTP).
On July 13, SAG officially called for a strike, leaving “Exhibiting Forgiveness” with only five days of shooting remaining. However, the movie became one of the first productions to apply for and receive one of SAG’s interim agreements. Without this agreement, the film may have had to be abandoned entirely. Producer Jamie Patricof stated, “We were desperate. I hope I didn’t agree to giving away my first born, but I might have.”
These interim agreements have become a lifeline for independent producers, allowing them to continue with their productions as long as they comply with SAG’s terms. Over 100 agreements have been approved so far, with hundreds more currently under review by SAG’s contracts department. This opportunity extends to smaller studios not part of the AMPTP, as well as independently financed films.
Some of the projects that have received interim agreements include Kevin Costner-produced “The Gray House,” Ishana Night Shyamalan’s “The Watchers,” and A24’s “Death of a Unicorn.” The terms of these agreements, documented in a 70-page report based on SAG’s last counteroffer to the studios before negotiations broke down, consist of an 11 percent increase in minimum pay for actors, a 23 percent increase for stunt performers, increased contributions to health and pension funds, demands for revenue sharing, and guidelines regarding the use of artificial intelligence.
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Despite the benefits of these interim agreements, they have faced criticism on social media for allegedly violating the spirit of the strike. However, SAG has defended the agreements, calling them “a vital part of our strategic approach” and suggesting that indie producers’ willingness to sign up for them demonstrates that the rejected contract terms were reasonable. It is worth noting that the completion bonds necessary for independent films had become difficult to secure leading up to the strike, hindering production entirely. These agreements allowed these films to continue, albeit with setbacks caused by the strike and subsequent shutdown.
However, there are still uncertainties surrounding the ultimate deal that SAG and the AMPTP will reach. Once the broader deal is in place, it will supersede the interim agreements, leaving producers confused about how rates will apply, who they will apply to, and how they will be reconciled. If the final deal is less favorable than the interim agreements, it may be challenging for producers to reclaim any excess payments that have already been made.
Another concern is the potential impact on distributing movies made under these interim agreements. Will major distributors like Apple, Netflix, or Focus be willing to buy films that have signed these agreements? Some distributors have indicated their willingness to acquire such films, especially considering the limited number of films being produced currently, while others are going through legal review. The acceptance of films made with interim agreements by distributors is crucial for the success and viability of these agreements.
Ultimately, the decision to utilize these interim agreements rests with individual artists. As the executive of a non-AMPTP company suggests, it remains to be seen what each artist’s decision will be regarding taking advantage of these agreements.
The confusion surrounding these agreements is further exemplified by the recent case of Viola Davis stepping away from the MRC film “G20.” Despite being granted an interim agreement by SAG, Davis believed it was inappropriate to proceed with production during the strike. There is also confusion regarding projects like the AppleTV+ show “Tehran,” a spy thriller shot in Israel, which obtained an interim agreement. SAG has stated that projects in progress in foreign countries must abide by labor laws pertaining to strikes.
While navigating the complex landscape of the strike, some independent producers remain optimistic that the interim agreements will ultimately benefit the challenging business of independent filmmaking. Stephanie Allain, a producer and member of the WGA (Writers Guild of America), expressed her support for the union and hopes that the independent film industry can thrive despite the current circumstances.
In conclusion, SAG’s interim agreements have provided a much-needed lifeline for independent producers, enabling them to continue production under certain terms while negotiations with the AMPTP continue. While there are concerns and uncertainties surrounding the ultimate deal and the impact on distribution, these agreements have offered a glimmer of hope for independent filmmakers during a difficult time for the industry. The decisions individual artists make regarding these agreements will ultimately shape their success and long-term implications for the industry.
