QUESTION FOR FILMTVLAW.COM:

With the SAG strike ending so late in the year, is there anything left I can do to get my production off the ground, or is everyone going to wait until 2024 to do anything? Glad it’s behind us but now what?

ANSWER BY BRANDON BLAKE, ENTERTAINMENT LAWYER:

The WGA strike and SAG strike were historic in a lot of ways and let’s face it, a lot changed during these past six months. I think that the business is going to come back strong and the news I hear is that studios and networks want to make up for lost time.

The combined 2023 WGA strike and SAG-AFTRA strike lasted from May 2 (the traditional start of pitching season) until November 8th, the 6 busiest development months of the year. But the development executives at the studios and production companies I have talked with say they plan to work through December and January to make up for the delays, so this is no ordinary winter in Hollywood.

In addition to this article, I share more than a hundred in-depth entertainment industry articles on my website at www.filmtvlaw.com/entertainment-lawyer-qa. Please also check out my bio at www.imdb.me/brandonblake.

The 2023 SAG Strike is Over

The longest SAG strike in history is over, with apparently some solid gains for SAG-AFTRA members. I think the biggest failing by the union was not to better explain what was at stake regarding AI.

Knowing now that the AMPTP was trying to use the strike as an opportunity to increase studio control over celebrity likenesses, it’s not hard to understand why the strike went so long, or why the top performers were the most concerned by the attempted AI rights grab.

This wasn’t about introducing AI into the production and post-production workflow, which is inevitable. It also wasn’t about maintaining the status quo. It was an opportunistic attempt to use AI as a rational for the studios to take control of performers likenesses, apparently at one point in perpetuity.

Up until now, likeness usage was licensed per use (one film or episode), and otherwise controlled by the artists, not by the producers. If the studios indeed tried to overthrow the past working model on likenesses, it was a surprising power grab by studios that seems to have been averted.

So Now What?

The race is on to develop the 2024 television season, as well as to get into production and post on feature films planned for next year. There is a lot of work to do, and also a skeleton crew left at many networks and studios, as there were quiet rounds of layoffs throughout the year.

Is anyone expecting to get in 6 months worth of pitches and development before Thanksgiving or even Christmas? No, not from what I hear. Although the idea of “going to market” in late November and December sounds unusual, that is just what is happening this year, in response to the massive disruptions and also the mandate from the studio heads to preserve next years production cycle.

Opportunities

There are opportunities for independent producers and writers, if you can get out there immediately. Most of the major production companies and studios are still a little shell-shocked from such an unexpectedly long strike, especially with both of the major Guilds out of commission for the busiest part of the year. Added to that they are short-staffed, so there is the real opportunity to get developed projects to networks and studios before the big players have a chance to do it.

Added on to that, while the SAG strike is over and it is legal for performers to go back to work, there is not yet a new Basic Agreement. Additionally, Union members will still have to vote to ratify the agreement, which will take a few weeks.

Financing

While there are opportunities in every circumstance, the end of the WGA strike and SAG strike certainly brings back a level of confidence to financiers. Although there were ways to move forward with the Interim Agreement, there was also a shadow of the strike hanging over the heads of potential backers. What if the strike had lasted as long as the WGA battle with the agencies? Would there be distribution for films produced during the strike?

All of those questions are settled now that Hollywood is finally getting back to work, and that can provide feature film investors with some peace of mind when deciding to back a new project.

Better Late Than Never

While everyone would have preferred for the SAG strike to end right after the WGA strike, it still feels great to finally be on the road to production and distribution of new film and TV again. And although late in the year, we are going to see a pitching season that probably extends into January and beyond. And with streamers often taking a year-round approach, this will be business as usual for a lot of companies.

As with all complex entertainment matters, please seek experienced entertainment legal counsel before making legal and financial decisions. This article is for informational purposes only and does not represent legal, accounting or tax advice. Do not act on this article without hiring legal representation.

- By Brandon Blake, Entertainment Lawyer

 

Brandon A. Blake is an entertainment lawyer and producer who works with Academy Award winning actors, directors and filmmakers. A complete biography is available at www.imdb.me/brandonblake.

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