As negotiations for a new Writers Guild contract enter their final phase, the Association of Talent Agents has sent its member-agencies a 22-page summary of the “force majeure” provisions contained in the contracts of the WGA, SAG-AFTRA and the DGA. Force majeure, the ATA notes, “is a provision in a contract that addresses the parties’ obligations if an extraordinary event directly prevents one or both parties from performing.”
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Each of the guilds treats force majeure differently, but generally they establish the terms under which the companies can or cannot contractually suspend or terminate deals.
At the start of the 2007-08 WGA strike, for instance, Universal Media Studios cited the force majeure provisions in the Screen Actors Guild contract when it notified regulars on several of its shows, including The Office and 30 Rock, that they were being suspended on half-pay for five weeks.
Sony Pictures TV, however, told the regulars on two of its shows – Rules of Engagement and Til Death – that they were being put on unpaid hiatus while having to remain exclusive to the studio. SAG and AFTRA both objected, arguing that it violated their contracts.
The force majeure provision in the DGA’s contract, meanwhile, states that “No suspension or termination of Director’s services shall be permitted or effected by Employer under such force majeure clause or provisions unless the entire cast and the Director of Photography of the picture are likewise suspended or terminated, as the case may be.”
As you can see by the ATA’s summary of the guild’s various force majeure provisions (read it here), it’s complicated.
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The ATA summary, it should be noted, comes with a disclaimer. “ATA has prepared a summary of the provisions followed by the full contract language. Disclaimer: The summary is not intended to constitute contract language. The content provided is to be used informational purposes and is not represented to be error free. The Association of Talent Agents makes no representations or warranties of any kind. ATA encourages you to contact appropriate Guild representatives to assess your specific circumstances.”
The WGA’s current contract with the Alliance of Motion Picture and Television Producers expires Monday night at midnight PT. The DGA begins contract talks with the AMPTP on May 10, followed by SAG-AFTRA on June 7.
RELATED: WGA’s Epic Two-Year Battle With Major Talent Agencies Set Stage For Showdown With Studios Over New Contract
The WGA had a huge falling out with the ATA four years ago when the guild let their 43-year-old franchise agreement expire, and then suing the Big Three agencies over packaging fees and agency ownership of production and distribution entities.
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