On Day Two of the fight between the WGA and Hollywood’s talent companies, the Affiliation of Skill Companies acknowledged this day that “our earn to the backside of has never been stronger,” and that “we’ll preserve combating as a united entrance…towards the WGA management’s possibility to our company trade operations.”
Damon Lindelof, Hart Hanson Amongst High Showrunners Posting Termination Letters In Wake Of Failed WGA-ATA Negotiations
In a message to her participants, ATA government director Karen Stuart accused guild leaders of having launched into a plan of action that “has thrown the total entertainment ecosystem into an abyss, affecting stakeholders in the end of the spectrum.” The companies, she acknowledged, “would perchance no longer be a willing participant to any further chaos. That’s the guild’s thought.”
The WGA applied a peculiar Agency Code of Behavior yesterday and ordered its participants to fireplace all their brokers who refuse to ticket it. The entire predominant companies have refused, and had been flooded by a wave of e-firings from their writer-purchasers.
As a counter-measure, ATA government director Karen Stuart acknowledged that the ATA board of administrators has adopted its possess Agency Requirements for Client Illustration “as a voluntary mannequin for companies to control their relationship with their writer purchasers,” now that the WGA’s damaged-down franchise settlement has expired.
The Agency Requirements, she acknowledged, “Spells out how we thought to proceed to assist and enhance writer purchasers who mediate to preserve our companies, regardless of impossible strain from the guild to cease relationships with non-franchised companies, i.e. those companies that refused to ticket their newly applied ‘Code of Behavior.’ It affords readability and stability for writer purchasers and your companies in that it offers transparency, disclosures, safeguards and substitute.”
The ATA, she acknowledged, moreover continues to “stand at the back of the entire counterproposals that we set on the table” prior to talks broke off on Friday – a packaged that involves giving writers a cramped share of company packaging expenses.
The WGA, on the other hand, scoffed at the provide. “Amongst other unacceptable proposals, the companies declare on persevering with their predominant conflicts of hobby,” the guild acknowledged. “They declare on persevering with to blueprint and be our employers. Their ‘provide’ on packaging is to share 1% of their packaging price with writers.”
WGA West president David A. Goodman told the ATA on Friday’s generous day of bargaining that “your proposal of zero.eight% of your backend of unusual series underneath no circumstances realigns your incentives with these writers. It’s in all probability you’ll well well presumably moreover be aloof receiving money from our employers for earn admission to to us, and preserving ninety 9% of the profits of your backend. It doesn’t switch your incentives in any respect. It is now not any longer a crucial proposal and we reject it.”
“The WGA flatly rejected our counterproposals in a self-proclaimed ‘vitality use’ that favors trade-wide chaos over motive and compromise,” Stuart acknowledged. “Even though the future shall be perilous, we are prepared for it.”
Stuart acknowledged this day that “As we embark through unknown territory, we must no longer lose glimpse of the truth that the WGA’s Code is unacceptable to all companies – from other folks that make use of two brokers to those the use of 2,000. The Code would provide the guild with an unparalleled level of adjust to dictate how your company operates and the arrangement in which it regulates the behavior of brokers in all respects, even those reaching previous the Guild’s possess jurisdiction.
“Whereas each and each particular particular person company shall be building their very possess ordinary contingency thought for brokers and purchasers, the ATA stays dedicated to serving all member companies and is available to assist manage that task along with each and each member company.
“We’ll develop every thing we are able to to mitigate the damage the guild has imposed by implementing their method. We’re prepared to proceed combating for a long-term resolution that protects our purchasers and serves all ATA member companies.”
The entire standards:
AGENCY STANDARDS FOR CLIENT REPRESENTATION
Affiliation of Skill Brokers (“ATA”) has adopted the following Requirements and Practices (“Requirements”) with respect to all writer purchasers represented by the Writers’ Guild of The US— East (“WGAE”) and Writers’ Guild of The US West (“WGAW,” and collectively with WGAE, the “Guild”) within the fields of work lined by the Writers Guild of The US Theatrical and Television Traditional Requirements (“MBA”), as periodically renegotiated (“Author”).
These Requirements shall apply to all ATA member brokers or companies who adopt these Requirements (“Brokers”). These Requirements shall apply to illustration of Writers with respect to the choice and license, sale or other disposition (hereinafter “Sale”) of literary enviornment cloth or the rendition of writing products and companies in a enviornment of work lined by the MBA, and shall be enforceable towards all Brokers offering illustration products and companies to Writers.
SECTION 1 – STANDARDS FOR AGENTS IN PROVIDING SERVICES TO WRITERS
- AGENT-WRITER RELATIONSHIP
- Agent shall in any respect events in the end of the illustration of a Author act as a fiduciary of
Author, and shall observe all fiduciary responsibilities imposed on the Agent by statute or general law.
- Agent shall promptly record to Author all bona-fide offers referring to employment or Sale of literary enviornment cloth, unless the Author has told, or the Agent knows with moderately priced easy task, that the Author would no longer take underneath consideration or be ready to bag this sort of suggestion given the totality of the circumstances.
- At the written quiz of the Author, Agent shall, as soon as moderately practicable,
following such quiz:
- present the Author, in writing, records bringing up what active submissions the
Agent has made on the Author’s behalf within the previous six months;
- tell the Author of the blueprint of all negotiations made on behalf of the Author
within the previous six months; and
- present the Author with a reproduction of all carried out written agreements (to the extent
such agreements are in Agent’s possession) with respect to the engagement of or sale of rights by such client.
- Agent shall use commercially moderately priced efforts to interact care of the confidentiality of its client’s confidential records, and such efforts shall in no tournament be lower than the efforts the Agent makes use of to interact care of its possess confidential records. This responsibility shall be enviornment to dilapidated and crucial exceptions (e.g., Author authorizes disclosure, disclosure is required by law, disclosure is required in connection with a banking transaction or with the sale, financing, or recapitalization of an company, and many others.), with relevant precautions taken to forestall the disclosure of confidential records.
- Prior to submitting a Author for employment on a project, Agent shall notify Author
if the Agent knows the employer or producer has no longer but secured underlying rights crucial for the employer or producer to blueprint the project (i.e, there may be never a signed settlement and/or the chain of title has no longer been cleared). If the Agent learns after submitting Author for employment on a project that the employer or producer had no longer secured underlying rights, he or she shall promptly notify Author, unless the Agent has steady records that the Author is already responsive to such records. An Agent shall no longer be required to repeat records the Agent otherwise is required to interact care of confidential (e.g., confidential records belonging to 1 other client) in tell to conform with this provision.
- Agent shall be responsive and professional in speaking with Author.
- DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST
- Agent shall develop the disclosures required in other locations underneath these Requirements.
- As successfully as, Agent shall repeat any steady warfare of hobby by a talent company
that employs her or him, known by Agent and no longer otherwise known by such Author or addressed in these Requirements, which an inexpensive Author would take underneath consideration enviornment cloth in evaluating a proposed engagement or sale of rights on the Author’s behalf.
- Agent’s concurrent illustration of lots of Writers and/or a Author and other
purchasers (e.g., a director, actor, or producer) employed or submitted for employment on the same project shall no longer be deemed a warfare of hobby prohibited by this settlement. Upon quiz by a Author, Agent shall record to the Author the names of different purchasers represented by Agent who undoubtedly are employed on a project.
- ENFORCEMENT OF CBA AND WRITER’S INDIVIDUAL WRITING
- Agent shall no longer assist Author to violate any provision of a CBA.
- In some unspecified time in the future of the course of negotiations for doable engagement or sale of rights, Agent
shall signify the Author’s only pursuits and shall use moderately priced efforts to:
- timely manufacture compensation for the Author for all products and companies performed by the
- relate the Author of the disadvantages of performing uncompensated or
speculative products and companies; and
- relate the Author if the Agent knows of any unlawful hiring or other
employment practices by the actual person or entity collaborating the Author, that moderately shall be anticipated to materially and adversely have an impact on the Author or that Author’s pursuits.
- As soon as engagement or Sale of literary rights has been procured for a Author, an
Agent shall use moderately priced efforts to:
- show screen the contractual closing date for the cost of compensation to the Author
in connection therewith;
- notify the Author as soon as moderately practicable after discovery of any
enviornment cloth uncured default within the timing or amount of such cost;
- notify the counterparty of this sort of default as soon as moderately practicable
following a quiz therefor by the Author; and
- timely relate the Author of his or her gorgeous to tell the Guild of this sort of
uncured enviornment cloth breach (and provide such look to the Guild if the Author, in writing, requests Agent develop so).
- Agent shall cooperate fully with the Guild in any investigation or contract
enforcement action undertaken on behalf of a Author, equipped the Author concurs. Agent shall no longer be required to breach appropriate responsibilities to other purchasers to conform with this duty.
- Upon a Author client’s written quiz, Agent shall present to the Guild: (a)
Author’s agreements for engagement of work or Sale of literary rights (to the extent in Agent’s possession); (b) copies of all monetary statements despatched by Agent to Author; and (c) every other confidential enviornment cloth of Author in Agent’s possession that Author needs to share with the Guild.
- ACCOUNTING TO CLIENT
- All monies payable or otherwise belonging to the Author that are obtained by
Agent: (i) shall be faithfully accounted for by the Agent; (ii) shall be held in belief on behalf of such Author in a belief account till disbursed to, or at the steady written path or authorization of, the Author; and (iii) shall no longer be commingled with any monies belonging to Agent.
- Monies (other than monies obtained by Agent in escrow or that are otherwise to
be held by Agent in accordance with any relevant agreements to which the Author is a earn together or that Agent is legally required to preserve (e.g., wage garnishment or levy)) shall be paid to the Author or his/her designee as directed or licensed by the Author in writing as soon as moderately practicable after receipt thereof by Agent, equipped that Agent shall be well-liked to first deduct from such monies any price payable to Agent by such Author or every other monies owing from such Author to the Agent.
- If Agent receives or transmits Author client earnings, Agent shall present timely
statements of client earnings to Author. Upon Author’s written quiz, Agent shall present a summary of earnings.
- NON-DISCRIMINATION AND INCLUSION
- Agent shall observe all relevant anti-discrimination criminal recommendations in its illustration
- Agent shall no longer refuse to indicate any Author on the premise of such Author’s
membership in a stable class, along side, but no longer restricted to, trail, color, faith, creed, nationwide initiating put, intercourse, sexual orientation, gender identification, marital blueprint, military or damaged-down blueprint, incapacity or medical condition.
- Agent shall no longer, with out prior disclosure to Author, acquire any employment the put
there is an inexpensive basis to take into consideration that the Author shall be subjected to a bunchile work surroundings or other forms of blueprint of job harassment. Agent shall no longer schedule or refer Author to a meeting referring to doable employment in a hotel room or other space moderately believed by Agent to pose a possibility to Author’s internal most safety.
- Agent shall use correct faith efforts to be certain that the referral of licensed historically
underrepresented Writers for any birth writing assignment.
- An Agent who is a talent company shall educate its workers who signify Writers
referring to diversity and inclusion as a crucial bellow within the factitious, illustration, and referral of Writers. ATA will effect a standing working community to collaborate with trade leaders to give a boost to initiatives respecting multiculturalism, diversity, and the inclusion of historically underrepresented groups, and to take underneath consideration unusual initiatives on this regard. ATA membership shall present meaningful monetary and human sources in enhance of such working community’s efforts and this collaboration.
- Agent shall consult with Writers who are in a blueprint to set other talent (e.g.,
showrunners) referring to diversity as a bellow to be regarded as as within the Author’s series of talent.
SECTION 2 – TELEVISION AND MOTION PICTURE DISCLOSURE BEST PRACTICES
- TELEVISION PACKAGING BEST PRACTICES
- An Agent may perchance moreover acquire employment for a Author on a packaged tv program
within the following circumstances:
- The Author and the Author’s tips and enviornment cloth are the sole initiating
ingredient of the kit, and the Author concurs to the program being packaged; or
- Agent adds a Author as an ingredient to an existing kit, and the Author
concurs to participation within the packaged tv program; or
- Agent adds a packageable ingredient to an existing tv program the put
the Agent had no longer previously secured a kit, and the Agent informs all Author purchasers staffed on the tv program of the unusual kit as soon as moderately practicable after the kit is in blueprint.
- Agent will, upon quiz, present a Author designated to be a packageable ingredient
of a packaged tv program with the world cloth terms of the settlement containing the terms of the Agent’s kit settlement.
- A Author shall have the gorgeous to clutch all information known by the Agent which may perchance moreover be
moderately crucial for the Author to develop an told substitute as as to whether to interact part in a packaged tv program.
- Earlier than submitting a Author to a project the put the Agent has already been granted a
packaging price at the time of submission, Agent shall:
- Affirm the Author of the existence of the kit;
- Tell the Author that she/he may perchance moreover snatch whether to be submitted to the
packaged project; and
- Receive the Author’s consent to proceed with such submission, but only
after informing the Author of the foregoing.
- Absent the Author’s explicit authorization, no Author’s settlement or pitch shall be
delayed due to company kit negotiations.
- MOTION PICTURE SERVICES BEST PRACTICES
- In the tournament a Author retains an Agent to tag circulate record consulting,
financing, and sales products and companies, the Agent shall fully repeat the relevant expenses prior to taking off such products and companies, and the Author may perchance moreover snatch whether to proceed with the Agent’s performance of products and companies.
- In cases the put Agent is retained to blueprint products and companies by any individual other than the
Author described below (e.g., a third-earn together producer, financier, manufacturing company, or one other Author), Agent shall develop the following disclosures to its Author purchasers within the following circumstances.
- In the tournament Agent is retained (by any individual other than Author) to tag these
products and companies prior to the engagement of Author on the circulate record project, the Agent shall fully record to the Author the existing consulting, financing, or sales products and companies association, along side the relevant expenses payable to the Agent.
- In the tournament Agent is retained (by any individual other than Author) on a project and
Agent represents a Author on the project as an attached ingredient (e.g., a pitch created by Author prior to the commencement of writing products and companies, or if a Author is attached to adapt pre-existing intellectual property, or a pre-existing script
owned or managed by a third earn together), the put the Agent is taking the project to market prior to the Author has commenced any work, the provisions of 2.B.2.a., above shall apply.
SECTION three – AFFILIATE RELATIONSHIPS BEST PRACTICES
- Agent may perchance moreover signify a Author in connection with the engagement by or sale of
rights to an affiliated entity, and shall develop the following, prior to the submission of such Author by Agent for such engagement or sale of rights:
- the Agent informs such Author of the existence and nature of the Agent’s
relationship with such affiliated entity;
- the Agent advises such Author that the Author has no duty to be submitted
to, or bag engagement by, or undertake to promote rights to, such affiliated entity;
- the Agent advises the Author of his or her gorgeous to have the world cloth or products and companies equipped to other bona-fide manufacturing entities simultaneously with offering the world cloth or products and companies to the affiliate;
- the Agent advises the Author that the Author may perchance moreover leer unbiased counsel in connection with the relevant project, at any point within the technique prior to the Author coming into a transaction with an affiliate; and
- the Author, after being told of the foregoing, affords consent to such
submission, engagement, or sale transaction.
- Agent shall no longer signify a Author in connection with the engagement by or sale of
rights to an affiliated entity unless:
- the Agent moderately believes that such engagement or sale of rights is within the
only pursuits of such Author;
- the terms of such engagement or sale of rights are negotiated in correct faith and
on an arm’s-length basis;
- the Agent and its affiliated entity are each and each in compliance with the following:
- the other folks primarily eager with the day-to-day operations of the
Agent are lots of than the other folks primarily eager with the day-to- day operations of the affiliated entity, and vice versa;
- the Agent, along side any particular particular person primarily eager with the day-to-day operations of the Agent, doesn’t engage part in any of the affiliated entity’s choices referring to the engagement of or sale of rights other than within the Agent’s ability as a representative of its purchasers consistent with the fiduciary responsibilities to such purchasers;
iii. the Agent maintains the confidentiality of its purchasers’ confidential
records from such affiliated entity, within the same manner it maintains the confidentiality of such records from an unaffiliated entity; and
- the Agent creates and makes available a written conflicts policy reflecting
the above, and has annual training on conflicts for all workers representing Writers.
- No Author shall be required (formally or informally) to work with an Agent’s
buddies. In the tournament that a Author advises the Author’s Agent that the Author doesn’t want to be submitted to, or be engaged by, or promote rights to, an affiliated entity, the Agent shall apply the Author’s directive, and such election by the Author shall may perchance moreover aloof no longer have any detrimental impact on the Agent’s illustration of such Author.
- Agent may perchance moreover no longer use the truth that a Guild investigation involves an affiliate of the
Agent as a basis for its refusal to cooperate in such investigation.
SECTION 4 – DISPUTE RESOLUTION
- At the Author’s election, and unless superseded by a written settlement between Author and Agent, all disputes and controversies of all sorts and nature in anyway between the Agent and Author growing out of, or in connection with, Agent’s illustration of Author (the “Agency Relationship”), along side but no longer restricted to price disputes, shall be submitted in a timely manner to generous and binding arbitration prior to a single arbitrator in_________________(absorb in space, e.g., Los Angeles), regardless of whether both earn together has terminated or presupposed to cease the Agency Relationship. Said arbitration shall be in accordance with tips of the arbitration provisions of JAMS. Agent and Author shall try to mutually agree on an arbitrator within 30 days after both earn together first notifies the other in writing that it intends to invoke the arbitration procedures and they’re going to develop the most of tips of the JAMS procedures for series of an arbitrator equipped that the events fail to mutually agree. Any award rendered by the arbitrator shall be entered in any court docket having jurisdiction thereof.
- AGENT WAIVES THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH
ANY SUCH CONTROVERSY OR CLAIM. In the tournament Author elects arbitration pursuant to this Part, WRITER ALSO WAIVES THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH CONTROVERSY OR CLAIM.
SECTION 5 – MODIFICATION
These Requirements shall apply to all Author-Agent relationships unless and till amended by the ATA or superseded by an settlement between the Guild and the ATA. Nothing herein shall preclude an Agent from adopting further protections for Writers.