SCREEN ACTORS GUILD REACHES GROUNDBREAKING
MOBILE-CONTENT AGREEMENT FOR ABC’s LOST
Los Angeles (April 24, 2006) – Screen Actors Guild (SAG) announced today
that it has reached a landmark agreement with Touchstone Television (a unit of
the ABC Television Network) covering so-called “mobisodes” for the television
series Lost. These negotiated terms demonstrate an important
collaboration between artists and employers in their effort to lay the
groundwork for future mobile content and other new technology agreements.
"This unique agreement represents a crucial first step into a new frontier of
production and content distribution," Screen Actors Guild President Alan
Rosenberg said. "Touchstone has made clear its commitment to revisit the
contract terms as this new business develops. As a result, we have worked with
them to ensure that actors are properly protected as we all embrace this
emerging technology. We will continue to work with others in the industry in
the development of new forms of entertainment, so that we can prosper
together."
The agreement was reached after Screen Actors
Guild insisted the proposed Lost mobisodes be produced under a SAG
contract. Late last year, Guild officials met in Hawaii with cast members of
the televised show, Lost, at which time the series performers lent
their unqualified support to the union’s efforts.
Key
points of the Screen Actors Guild agreement:
• The agreement
covers the employment of actors for mobisodes of the series Lost that
are no more than five minutes in length and are used on cell phones.
• Touchstone Television has agreed to negotiate terms for future mobisodes, as
well.
• The new contract provides for an escalating
minimum wage that begins at $425 for an eight-hour day as of April 1, 2006,
moves to $450 as of April 1, 2007 and up to $759 on June 30, 2008.
• Actors will be paid the minimum per day or per mobisode—whichever is greater.
• Use on cell phones after 13 weeks triggers the following residual formula:
An actor receives a $75 advance payment, which is creditable against a
residual of 3.6% of the license fee for such use. If the mobisode is
distributed via the Internet, the actor again receives a $75 advance and the
same residual of 3.6% of the distributor’s share is payable if the viewer pays
to access the mobisode; a 6% residual is payable if the Internet use is
ad-supported. Use on ABC.com with neither of these revenue sources does not
trigger a residual.
• Residuals for DVD use and broadcast of
the mobisodes are based on the Guild’s television agreement. Relevant parts of
that same agreement are incorporated into the deal, including pension and
health contributions, working conditions, and legal arbitration provisions.
• These terms expire at the same time as SAG’s Television Agreement and
Codified Basic Agreement on June 30, 2008.
The Writers Guild
of America, West, also announced a similar agreement with Touchstone and ABC
today. SAG Deputy National Executive Director for Contracts Sallie Weaver led
the negotiations between Screen Actors Guild and Touchstone Television.