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AFTRA And Studios Reach A Deal; Actors’ Consent For Online Usage Agreed To

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One more hurdle left, with SAG, but the American Federation of Television and Radio Artists has agreed to a tentative deal with Hollywood studios on a new three-year contract. The deal includes fees for content streamed and downloaded online, and preserves actors’ right of consent on the use of their voices and images in online clips, the two said. This deal may fend off the actors’ strike, even as the larger union Screen Actors Guild is set to resume its stalled talks with the studios Wednesday.

From the language in the release, provisions related to digital media:
New Media
—The New Media provisions follow the pattern already established in the DGA, WGA, and AFTRA Network Code agreements.
—Provides for payment for all non-promotional uses in New Media. 
—Confirms jurisdiction for programs produced for initial exhibition on the Internet and other New Media.
—Establishes jurisdiction over derivative New Media programs that are based on current programs.
—Establishes coverage of all original programs with budgets of more than $15,000/minute or $300,000/program or $500,000/series, whichever is lowest.
—Establishes coverage of original content below the thresholds when a covered performer is employed.
—Establishes new residual structures for paid Internet downloads (electronic sell-through) that significantly increase current rates and establish residual rates for ad-supported streaming and use of clips on the Internet.
—Gives AFTRA the ability to audit unredacted license, distribution, and other agreements pertaining to New Media.
—Allows both sides to revisit New Media when the agreement expires.

Consent in New Media
—Preserves performers’ consent for use of non-promotional use in New Media of excerpts from traditional TV shows.
—Provides that the employers and AFTRA develop a mechanism by which performers can provide or withhold consent for non-promotional use of excerpts for New Media from the industry employers’ TV library.
—For programs produced after July 1, 2008, the employer and the performer may bargain for consent for the right to use non-promotional excerpts of traditional TV shows in New Media at the time of original employment.

May 28, 2008 12:21 PM ET

Posted In: Entertainment, aftra, amptp

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