WGA Strike coming to an end at 12:01 AM

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The details of the new Writers Guild contract are out. We won:

• Success-based residuals
• Strong limitations on A.I.
• Minimum writers room staffing
• Guaranteed compensation and 13-week minimums for • Guaranteed 2-step deals for screenwriters
• Guarantee that writers be kept on through production
• Individual P&H contributions for writing teams
• Script fees for staff writers
• AND A HELL OF A LOT MORE

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1. Term of Agreement

The term of the agreement is September 25, 2023 through May 1, 2026.

2. Minimums Increases

Most MBA minimums will increase by 5% on ratification of the contract, 4% on 5/2/2024 and 3.5% on 5/2/2025. Some minimums and rates increase less, mostly by 3% each year, while a few rates increase only once or do not increase over the contract. These exceptions are the result of patterns established in the industry.

3. Increased Health and Pension Contribution Rate

The Health Fund contribution on reportable earnings will increase 0.5% in the second year of the agreement, from 11.5% to 12%. The Guild also has the right to divert an additional 0.5% in each of the second and third years of the contract from various minimum increases to either the Health Fund or Pension Plan.

4. Increased Health and Pension Contributions for Writing Teams

Each writer on a writing team employed for a script will receive pension and health contributions up to the relevant cap as though they were a single writer, rather than splitting the applicable cap. In addition, when a writing team is employed on a series, the contribution for each writer on the team will be made on the full weekly minimum instead of one-half of the weekly minimum.

5. Artificial Intelligence

We have established regulations for the use of artificial intelligence (“AI”) on MBA-covered projects in the following ways:

AI can’t write or rewrite literary material, and AI-generated material will not be considered source material under the MBA, meaning that AI-generated material can’t be used to undermine a writer’s credit or separated rights.

A writer can choose to use AI when performing writing services, if the company consents and provided that the writer follows applicable company policies, but the company can’t require the writer to use AI software (e.g., ChatGPT) when performing writing services.

The Company must disclose to the writer if any materials given to the writer have been generated by AI or incorporate AI-generated material.
The WGA reserves the right to assert that exploitation of writers’ material to train AI is prohibited by MBA or other law.

6. Improved Terms for Screenwriter Employment

Guaranteed 2nd step: A second step is required whenever a writer is hired for a first draft screenplay for 200% of minimum or less, including original and non-original screenplays. The requirement also applies to spec purchases.

Accelerated payment structure for flat deals: Screenwriters hired on a flat deal basis for 200% of minimum or less must be paid 50% of their fee on commencement. If the writer has not delivered within 9 weeks of commencement, 25% of the fee is payable upon invoice. The final 25% is due on delivery of the step.

Streaming features: When a feature-length project is made for streaming with a budget of $30 million or more, the minimum initial compensation for a story & teleplay is $100,000 (an 18% increase from the current rate) and a 26% increase in the residual base. Combined with the foreign residual improvements described below, this results in a 3-year residual of $216,000 for projects on the largest services, a 49% increase from $144,993 under the 2020 MBA.

7. Improved Terms in High Budget Subscription Video on Demand (HBSVOD)

Increased foreign streaming residuals: Foreign streaming residuals will now be based on the streaming service’s number of foreign subscribers for services available globally, amounting to a 76% increase (including a 2.5% base increase) to the foreign residual for the services with the largest global subscriber bases over 3 years. For instance, Netflix’s 3-year foreign residual will increase from the current $18,684 for a one-hour episode to $32,830.

Viewership-based streaming bonus: The Guild negotiated a new residual based on viewership. Made-for HBSVOD series and films that are viewed by 20% or more of the service’s domestic subscribers in the first 90 days of release, or in the first 90 days in any subsequent exhibition year, get a bonus equal to 50% of the fixed domestic and foreign residual, with views calculated as hours streamed domestically of the season or film divided by runtime. For instance, projects written under the new MBA on the largest streaming services would receive a bonus of $9,031 for a half-hour episode, $16,415 for a one-hour episode, or $40,500 for a streaming feature over $30 million in budget. This bonus structure will take effect for projects released on or after January 1, 2024.

Streaming Data Transparency: The Companies agree to provide the Guild, subject to a confidentiality agreement, the total number of hours streamed, both domestically and internationally, of self-produced high budget streaming programs (e.g., a Netflix original series). The Guild may share information with the membership in aggregated form.

Premium for Pilot & Backup Scripts: 150% pilot premium and 115% backup script premiums will now apply to programs made for HBSVOD.

8. Minimum Terms for Advertising-Supported Streaming (AVOD)

High-budget programs made for ad-supported streaming services (including FAST) get the same initial compensation terms as the equivalent programs made for subscription streaming services, including network primetime script fees for the highest-budget series, as well as protections like span (using the basic cable span cap of $375,000) and premium rates for pilots and backup scripts. These programs will also receive a 2% residual for reuse on the AVOD service.

9. Increased Compensation for Series Employment: Weekly Pay and Staff Writer Script Fees

Weekly Pay Increases: The minimum weekly rates for staff writers and Article 14 writers (story editors/executive story editors) will increase by the overall minimum increases (5%-4%-3.5%). The increases for staff writers go into effect immediately; and those for story editors/executive story editors go into effect the Sunday after ratification.

Writer-Producer Weekly Rates: There will be a new writer-producer tier (co-producer level and above) that has a higher minimum weekly rate, amounting to a 9.5% premium over the story editor/executive story editor rate. These rates will go into effect for new seasons that start 60 days after ratification.

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Thank goodness, they can finally get back to all the new movies and shows that I won't watch.

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• Strong limitations on A.I.

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