With both the Screen Actors Guild-American Federation of Television and Radio (SAG-AFTRA) and the Writers Guild of America (WGA) on strike, Hollywood has practically shut down, but some films are permitted to continue production. The SAG-AFTRA strike officially began on July 14, after the labor union’s contract with the Alliance of Motion Picture and Television Producers (AMPTP) expired without an agreement being reached for a new one. Through the strike, SAG-AFTRA is hoping to secure better compensation, better working conditions, and safeguards around the use of artificial intelligence for its 160,000-plus members. Meanwhile, the WGA has been on strike since May 2, bringing to a halt any productions with unfinished scripts or with the need for a writer on set (which is almost all of them).
SAG-AFTRA compiled a list of work that the union is asking its members not to perform for the duration of the strike. Its members are essentially prohibited from filming or promoting most movie and TV projects. This means members aren’t supposed to attend premieres or screenings or even promote their projects on social media. Additionally, most on-camera and off-camera work is also prohibited, including stunt work, motion capture work, stand-in work, camera tests, and background work. Non-SAG-AFTRA members are also asked not to perform work for a struck company and will not be admitted to the union in the future if they do so.
As a result, it seems that nearly every production in Hollywood has come to a halt, regardless of its stage of development. Indeed, any major productions that didn’t already shut down due to the WGA strike have now been halted due to the SAG-AFTRA strike. Films like Deadpool 3, Venom 3, and Beetlejuice 2 halted production mid-filming after the SAG-AFTRA strike was officially called. However, several movies and TV shows have continued filming amid the strike. This is because SAG-AFTRA has a few unique rules that allow independent productions and those protected under contracts outside of SAG-AFTRA to continue working. Here are the different types of movies and TV shows that are allowed to shoot during the SAG-AFTRA strike.
Specific independent films with an Interim Agreement
SAG-AFTRA is allowing certain films from independent producers to continue filming if they secure an Interim Agreement. The first rule for these films being granted permission to shoot is that they cannot be produced by a studio that is a member of the AMPTP. Additionally, the projects eligible for Interim Agreements are those under the lowest-budget contracts with SAG-AFTRA. Producers looking to produce a film and use SAG-AFTRA talent in their productions are required to sign a Theatrical Agreement with the union. Which contract a production falls under depends on its budget and its runtime.
Films with budgets over $50,000 fall under contracts ranging from the basic Theatrical Agreement (CBA) to the Low Budget Theatrical Agreement (LBA), all of which fall under struck work during the SAG-AFTRA strike. However, productions under low-budget agreements like the Micro-Budget Agreement (Micro), Short Project Agreement (SPA), and Student Film Agreement (Student) would not fall under struck work. Films with a budget of $20,000 or less fall under Micro agreements. To qualify for a Student agreement, a film must have a budget of under $35,000, be under 35 minutes in length, and fulfill course requirements for an accredited university. Lastly, films falling under SPA agreements are those with a budget of $50,000 or less and a runtime of under 40 minutes.
Now, just because these films are under contracts outside of the scope of the strike doesn’t mean they are automatically allowed to continue production. These productions need to contact SAG-AFTRA to apply for and be granted an Interim Agreement. Under this agreement, a film may continue production and utilize the work of SAG-AFTRA members. This includes films like Death of a Unicorn, starring Jenna Ortega and Paul Rudd, and Mother Mary, starring Anne Hathaway, Michaela Coel, and Hunter Schafer. The full list of films continuing production under Interim Agreements with SAG-AFTRA can be viewed here.
Productions under the Network Television Code
Television programs that fall under the National Code of Fair Practice for Network Television Broadcasting, also known as the Network Television Code, can continue production during the SAG-AFTRA strike. The Network Television Code was ratified last year and does not expire until June 2024. Meanwhile, this contract covers the majority of non-primetime and non-dramatic primetime television shows, such as variety shows, talk shows, game shows, reality shows, soap operas, and awards shows. Since these programs fall under their own active contract, they may continue production, and SAG-AFTRA members can perform work for them during the strike.
Productions with Equity Union Members
U.S. productions filming in the UK under the UK’s anti-trade union laws may also continue production. So far, House of the Dragon and Industry are reportedly continuing filming despite the SAG-AFTRA strike. This is because both of these shows are filmed primarily in the UK and consist of a cast that is primarily represented by the UK’s trade union, which is known as Equity. Unfortunately, actors represented by Equity really don’t have the option to strike. The SAG-AFTRA strike is not lawful under UK law, which means those represented by Equity who try to join in out of solidarity can be fired or sued for breach of contract. The union itself can face legal repercussions if it tries to encourage its members to join in the strike.
Hence, Equity is encouraging its members to attend rallies and legally support SAG-AFTRA but is advising them to continue reporting to work if they are Equity members working on a U.S. production in the UK. Meanwhile, the rules regarding SAG-AFTRA members working under SAG-AFTRA contracts in the UK are a little murky, with Equity directing individuals in this situation to contact SAG-AFTRA for guidance. Additionally, there seems to be some concern about U.S. productions moving to the UK to avoid the strike, though Equity indicated it would “take all reasonable, legal steps to prevent the United Kingdom being used as a back door to undermine or avoid the dispute.”
(featured image: Dia Dipasupil, Getty Images)
