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The war between the Writers Guild of America and Hollywood agents has intensified as the two sides battle over the rules of writers' representation.
Karen Stuart, president of the Association of Talented Agents, accused the WGA leaders of misleading its members and claimed that guild leaders were trying to seize power to endanger the agencies.
"Essentially, the guild is determined to ask its members to vote to leave their ATA agencies and their agents if the agencies do not comply with the unilateral mandates of the guild," she said. a message to the members of the ATA. "As frustrating as guild leaders refuse to have an honest dialogue with us, it is even more worrying that they insist on policies – and mislead their members by asking them to vote for warrants." – which do not reflect the current landscape. you do day after day. "
WGA West President David Goodman said Variety In response, the guild is willing to deal with the problem through negotiations and accused the ATA of dragging its feet, noting that WGA had made its proposals almost a year ago.
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"The WGA focuses on one thing: to solve problems that hurt writers," he said. "The necessary changes can come from negotiations or a code of conduct. We are open to both. In the current state of affairs, we have presented our opening proposals to the ATA more than 320 days ago and they have still not provided official answers, which is usual in the negotiations. "
WGA executives announced Thursday they have sent their talent agencies a draft code of conduct with strict new restrictions on how they act as agents for client writers. The guild will hold a vote on March 25 on the new rules – which would effectively end all packaging contracts, in which agencies would receive upfront and back-end fees, and prohibit agencies from having any financial interest in an entity. or an individual "engaged in the production or distribution of films."
The WGA has made it clear that it wants its 12,000 members to break ties with their agents if they do not sign the new code of conduct. The current agreement, 42 years old, will expire on April 6th. The WGA and ATA began negotiations on February 5 and 19 and have not yet convened a session.
"The code of conduct proposed by the WGA would not only have unintended negative consequences for writers, but it would also be terrible for ATA member agencies, as it would remove ATA, your collective representative, from the company. agreement and give the Guild unilateral agency authority. "The relationship with their clients is a precedent that allows guilds and unions to impose unilateral restrictions on all aspects of our business," Stuart said.
Stuart said in an email to ATA members on Friday: "Let's be clear: the WGA Code is not about the conduct of agents, their proposals are a radical attempt by the WGA to recast the whole thing. sector, restricting not only the activities of agencies and their subsidiaries, but also affecting the livelihoods and activities of businesses.
producers, actors, directors and studios. The ATA will continue to defend the interests of all its clients, including writers, and reject the "guillotine" that the guild itself has described, which will not only hurt its own members, but also others. members of the industry. The date of the meeting of our members WGA Franchised agents will be communicated soon. "
Read Stuart's messages below.
As you may know (or have already received), the WGA sends emails directly to agents in order to gain the support needed to try to divide our members. Like many of their speeches so far, the WGA email contains a number of errors. As you have probably heard, on February 13, the WGA management team informed members that it would be voting on March 25 on whether or not to apply a "code of conduct" that must follow to work with guild writers. This announcement took place barely a week after our first meeting with the guild to discuss a new franchise agreement and a few days before our second meeting, which testifies to a genuine lack of sincerity to negotiate for sincerity.
The guild is essentially determined to ask its members to vote to withdraw from their ATA agencies and their agents if the agencies do not comply with the unilateral mandates of the guild. So frustrating that the guild leadership refuses to have an honest dialogue with us, it is even more worrying to find that they insist on policies – and mislead their members by asking them to vote for mandates – which do not reflect the current landscape. to day after day. The code of conduct proposed by the WGA would not only have unintended negative consequences for writers, but it would also be disastrous for ATA member agencies as this would eliminate ATA, your collective representative, from the agreement and the give the Guild unilateral authority over agencies. relationships with their clients and create a precedent for guilds and unions to impose unilateral restrictions on all aspects of our business.
ATA's collective voice is strong and we must continue to work towards a new franchise agreement that reflects what is best for artists and industry in the new media ecosystem. ATA will continue to fight for the best interest of ALL our members and all the artists we represent. To do this, we must not be distracted by the tactics of the WGA leadership. ATA will not accept anything that will indefinitely retain the agencies in captivity, but will keep our eyes on the ball, which is a new franchise agreement that provides clear and secure operational procedures for our long-standing relationship with WGA and, more importantly, that improves, not diminishes, the ability of agents to defend the interests of writers and to ensure that their careers can flourish. Let your voice be heard by expressing your unwavering support for staying united with your professional badociation and your peers. We will call on you for your support. You will receive a notice of meeting of the members in the coming days. Visit the ATA website for up-to-date information.
Here is Stuart's email to members on Friday:
In our effort to keep you informed of WGA's attempts to divide ATA agencies, I am
contact you this afternoon with very important information so that you can review about
how the WGA Code of Conduct would have a negative impact on our business.
But before that, I want to remind you that even though we are frustrated right now by problems
alongside the WGA, we have not forgotten how we worked closely with the guild
for many decades to support them through various challenges and campaigns aimed at
writers. Like the agencies, the WGA's role is to ensure that writers have the best
work experience, and we remain committed to working together on an agreement that will allow
collectively to serve and defend the interests of our customers in Hollywood today.
Regarding the WGA's attempt to divide our members with misinformation and myths and their
unilateral attempt to impose what they call a "code of conduct", rest badured that ATA
answer. When we respond to the WGA, we will write on behalf of everyone
among you, the greatest defenders of writers with their guild. If you have any questions, please
contact me or President Jim Gosnell.
Let us be clear: the "code" of the WGA does not concern the conduct of agents. Their proposals are radical
the WGA is trying to remake the entire sector, limiting not only the activity of
agencies and their subsidiaries, but also by interfering with the livelihoods and enterprises of
producers, actors, directors and studios. The ATA will continue to defend the interests of all its customers,
writers, and reject the "empowerment" described by the guild that will not only harm
their own members but other members of the entire sector. The date of our WGA
The Franchise Members' meeting will be sent shortly.
For those of you who have not looked at the proposed "code" yet, we want to summarize some of
radical changes proposed by the WGA:
Proposed WGA ("Code"): unilaterally established by Writers Guild of America, West, Inc.
and Writers Guild of America, East, Inc., applicable only by WGA-friendly referees,
unilaterally amendable by the WGA with 60 days notice.
Current ATA / WGA (AMBA): Agreed by WGAW, WGAE and ATA.
The code proposes to unilaterally establish:
• Upon request from Writer, the agent will communicate to Writer the names of all other clients.
represented by an agent who is employed or actively
job on, a project. This disclosure must be made in writing within ten (10) days.
from the request of the author.
• The trustee must provide Writer and Writer at least once a quarter
Guild a detailed statement showing in a standardized electronic format (a) all
compensation received by or on behalf of Writer; and (b) all commissions received by
Agent related to his representation of Writer. The writer and the guild have the right to
check these statements.
GUILD NOTIFICATION
• The agent must provide the guild with a copy of the agreement or the terms and conditions of the transaction
any commitment or other transaction involving an editor no later than 10 days after the
previously: (a) the existence of a binding contractual commitment; or b) the
start of writing services from Writer.
• The agent must immediately inform the guild of the beginning of the writer's work.
services or delivery of literary material, or any other material fact triggering compensation,
and a copy of any invoice or other documentation relating to the payment obligation.
• The agent must immediately inform the guild in case of late payment.
• The agent must cooperate fully with the Guild in any investigation or contract performance
action company on behalf of a writer.
• The agent will provide the guild with an annual report summarizing the agent's diversity
efforts and reflecting, through anonymized data, the employment history of all authors
represented by the agent, broken down by membership of clbades protected by law.
DISPUTE SETTLEMENT
• Completely remove ATA from the process.
• Any dispute relating to the interpretation or the performance of an obligation
code or a new jumper W can be brought by the Guild to suspend or withdraw a
Agent of the list of subscribed agents.
• There are five referees for each East and West WGA who are authorized to decide
each conflict, including the permanent ban on an agent working on behalf of
Guild members
• Only one arbitrator in this list can hear and decide the whole question, including
the award of damages, the issue and the injunction, or the permanent withdrawal of the attorney
list of subscribed agents on an accelerated basis. After finding that the opposing party
in bad faith, the arbitrator may also award legal fees and expenses.
TERMINATION OR MODIFICATION
• The guild may terminate or modify the terms of this code to come into force 60 days after
its meaning of such notice.
RIDER W (agreement of agency / writing)
Some new provisions:
• ATA is deleted.
• "Rider W" is an integral part of the code of conduct ("code") and applies to all contracts.
between agencies and writers, oral or written.
• The duration of the representation agreement is reduced from 2 years to 1 year.
• Writer can end
o If the employment of a responsible employer is not offered during any period of time
more than four consecutive months
o In the event of a material breach by an officer of the provisions of the Code of Conduct or
Trustee's fiduciary obligations to the drafter
o If the agent is removed from the list of agents adhering to the code of conduct
COMMISSIONS
The agent's commission is limited to ten percent (10%) of Writer's gross compensation,
Writer's participation in the profits, provided that the agent does not have the right to
receive a commission on residues or other minimum payment to writers for the reuse of a
animated images under any applicable CBA. Note that this arrangement, like the others, can be
changed unilaterally with 60 days notice.
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