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DGA-AMPTP Deal: Full List Of New Media Provisions

From the official fact sheet released by DGA, the full list of new media related provisions in the agreement (read our news story on the deal):

New Media

Jurisdiction over:

  • All new media content that is derivative of product already covered under current contracts.
  • Original content:
    • All original content above $15,000/minute or $300,000/program or $500,000/series, whichever is lowest.
    • Original content below the threshold will be covered when a DGA member is employed in the production.

Electronic Sell-Through (Paid Downloads)

  • More than doubles the rate currently paid by the employers on television programming to .70% above 100,000 units downloaded.
    • Below 100,000 breakpoint: rate will be paid at the current rates of .30% until worldwide gross receipts reach $1 million and .36% thereafter.
  • Increases rate paid on feature films by 80% to .65% above 50,000 units downloaded


    • Below 50,000 breakpoint: rate will be paid at the current rates of .30% until worldwide gross receipts reach $1 million and .36% thereafter.


Distributor’s Gross

  • Payments for EST will be based on distributor’s gross instead of producer’s gross, a key point in our negotiations.  Distributor’s gross is the amount received by the entity responsible for distributing the film or television program on the Internet.  We would not have entered the agreement on any other basis. 
  • Companies will be contractually obligated to give us access to their deals and data, enabling us to monitor this provision and prepare for our next negotiation.  This access is new and unprecedented.
  • If the exhibitor or retailer is part of the producer’s corporate family, we have improved provisions for challenging any suspect transactions.


Ad-Supported Streaming:

  • 17-day window (24-day window for series in their first season).
  • Pays 3% of the residual base, approximately $600 (for network prime time 1-hour dramas), for each 26-week period following 17-day window, within first year after initial broadcast.
  • Pays 2% of distributor’s gross for streaming that occurs more than one year after initial broadcast.


Clips

  • Provides the companies with limited windows where they can distribute clips of feature films and television programs in new media to promote a program.  Provides for payment for all other uses in New Media. 


Sunset Provision

  • Allows both sides to revisit new media when the agreement expires.
Jan 17, 2008 8:56 PM ET
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Posted In: Entertainment, amptp, dga, wga

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