Historic Win For The WGA Could Alter How Agencies Do Business

Just this week we have seen the final holdout, WME, agree to the WGA’s proposed working terms. Aimed to address both packaging fees and the commercial interest of talent agencies in production companies, this historic (and long-drawn-out) dispute/agreement returns the agency industry to a place it has not been for decades- and could have intriguing knock-on effects down the line. BLAKE & WANG P.A entertainment lawyer San Francisco analyze the situation.

It’s possible that the DGA’s recent coming-out in favor of the WGA argument was an influencing party in WME finally dropping its antitrust suit and returning to the negotiation table with the WGA. Or perhaps the argument and court posturing have simply run their course, with even the courts suggesting they would prefer to see mediation over litigation. With both threatened court actions finally put to bed and a productive agreement reached, this represents the culmination of an action begun in the far-back mists of April 2018. While it’s been frighteningly close to 3 years coming, now it has finally arrived, what does this mean for the talent agency industry as a whole?

Firstly, we return to a 10% commission structure that hasn’t been in play for many years. As was always the intent behind the WGA’s campaign, they wish for writer’s agents to ‘only make money when (their) client does.’ With the juicy allure of packaging fees and incentives created by owning in-house production entities gone, it will certainly be a different world for talent and the agencies that represent them.

Hopefully, we will also see relations between the WGA and the Association of Talent Agents return to normal. The forerunners for WGA ire in April 2018, the ATA refused to negotiate with the WGA, which in turn led to the individual agreements reached between agencies and the WGA. We may even see SAG-AFTRA, who haven’t dealt with the ATA since a similar, earlier, dispute, return to the table with them.

It’s not rare for strikes and disputes to have a long-term impact on the industry, of course. Yet this is a major defanging of some critical conflicts of interest in the industry, and will undoubtedly have a profound impact on things to come. BLAKE & WANG P.A entertainment lawyer San Francisco will be watching carefully.

Brandon Blake– Managing Director Blake & Wang P.A.- Entertainment Attorney

What do the new award season nominees suggest for the Oscars ahead?

This is a difficult year to be an Academy member. With no chance for peer-to-peer social interaction, a broad and unusual field heavily influenced by the blockbusters we didn’t get in 2020, and a fast-approaching nomination deadline, there’s none of the usual clarity on Oscar contenders we’d usually see. So what do the latest nominees and winners from other awards suggest we may see gain an Oscar nomination too? BLAKE & WANG P.A went looking for clues.
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Currently, only the Trial of the Chicago 7 and Nomadland appear as any kind of widely floated can’t-miss. Apart from them, however, it’s up in the air. Other awards nominations have suggested some firm directions to look. Spike Lee’s Da 5 Bloods has made it back to the spotlight with some attention from the AFI and NBR awards. Netflix’s Ma Rainey’s Black Bottom certainly seems to have pulling power, too.

Amazon’s Sound of Metal and A24’s Minari would have been relegated to ‘arthouse’ in other years, but they’ve seen intense attention this year, and now have a spot on the AFI list to call their own- even over big-budget titles AFI usually would choose. The Spirit Awards have also showered Minari with love, and both have got acknowledgment from the NBR.

Another shining indie, Miss Juneteenth, seems set to stun, harvesting Spirit, Gotham, and NBR awards. Focus’ Never Rarely Sometimes Always starred in the Spirit Award nominations, and got some NBR love too. So have A24’s First Cow and Pixar’s Soul.

While Focus’ Promising Young Woman was expected to do well with the AFI’s list and Spirit both, it missed out a little. Netflix’s The Midnight Sky and Hulu’s Palm got none of the anticipated attention, either. Several anticipated films- Warners’ Tenet and The Way Back, Amazon’s Borat Subsequent Moviefilm, Hulu’s The United States vs. Billie Holiday, and others were nowhere to be seen.

It’s an interesting look at how the Oscar nominations could go, for sure, and will probably focus critical attention on some unexpected films. All the same, there are still more awards to go, and everything remains up in the air for now. BLAKE & WANG P.A will be keeping a careful eye on the situation.

Brandon Blake is the managing partner at BLAKE & WANG P.A.- Contact for more details.

What are the differences between the Oscars and the SAG Awards?

The Screen Actors Guild Awards, or SAG awards, are seen as a critical step in the campaign to earn an Oscar. How did this perceived milestone come to be, and why is one ceremony so influential on the other? BLAKE & WANG P.A Entertainment Lawyer San Francisco takes a look.

The SAG awards are different from the Oscars in one key area- they also look at the TV industry. There’s 2 separate nominating committees each year, one for the TV side of the industry and the other for film. 2500 random active members of the guild are chosen for each. All will be actors, and each can only serve once in every eight years. They choose the nominees, but after that have little active say in the winner. That is decided by all eligible voting members.

That’s a little different from the Oscars, where nominations come from those who work in the same industry as the category. So directors nominate Best Director, and so on. Anyone can nominate for Best Picture. Again, once nominations are complete, anyone eligible may vote.

The Screen Actors Guild Awards have been seen as the go-to barometer for Oscar Campaigns in the coveted Best Acting and Best Picture categories since they first started back in 1994. That said, they also have something of a reputation as a place for Hollywood to nominate golden-age actors who missed out on Oscar fame in their prime. For this season, we could see Sophie Loren’s performance in The Life Ahead and Bill Murray for On the Rocks get some recognition from that very same nostalgia.

With the 2020 film year having been so disruptive, it’s nice to be able to say that the SAG Awards voting opened on January 11th, giving a pleasant sense of normalcy to the tumultuous industry. It will be interesting to see who receives this critical nod on their Oscar journeys, and BLAKE & WANG will be monitoring closely.

Is the film industry’s back-to-work plan an example for the nation?

Amid praise from SAG-AFTRA for the overall success of commonly adopted back-to-work protocols on film sets, one key thing becomes clear: America could probably do to learn more than one lesson from the industry. BLAKE & WANG P.A one of the best entertainment lawyers in Los Angeles takes a closer look at a rare 2020 success story.

The film industry is a complex landscape in which there are many players. From working guilds for crew, actors, writers, directors and more, to agencies and authorities overseeing their special niches of work, a set is a difficult environment at any time. To this has been added a complex layer of diverse health and safety protocols- from zoning areas of the set, to basics like mandatory testing and screening as well as environmental decontamination.

While it’s an added layer of administrative difficulty for all concerned parties to navigate, they’ve been widely adopted on working sets since June 2020- and have largely been a success. While there have been isolated health incidents on some sets, for the most part, movies continue to be filmed in a safe working environment, even where the cities around them face soaring case numbers.

Observers country-wide have praised the industry wide collaboration at the heart of such a successful program. With this success comes jobs, job security, and the ability to expand back to normal work levels. Most critically of all, it brings wages to the many cast and crew members who rely on a thriving industry to work- and, coincidentally, the businesses around the sets that see an uptick in custom and the cities that host them.

In an America that’s hurting economically as more and more face uncertain work and wage futures, there’s valuable lessons to be learned from the success of the film industry and its COVID-19 set restrictions.

Building off of Parasite’s success, we see ambitious Oscar entries bloom

Satire-mysticism. Claustrophobic horror. Quirky fables…. These are not the things that previous International Feature Film nominees have evoked in the imagination. Building on the indisputable success of Parasite in the 2020 Oscar season, we’re finally seeing a flourishing of novel ideas and intriguing settings among the foreign film selection. BLAKE & WANG P.A takes a closer look.

For 2021, we see the following 4 nominees:

Never gonna snow again (Poland)
Beginning (Georgia)
Apples (Greece)
Jallikattu (India)

This year, there is no theme or message to unite the four nominations, except possibly an urge to confound and dazzle their audiences. Let alone the need to find moralistic worth in the films nominated. Here we see films delighting in the weird and the wonderful, setting unlikely scenarios and abstract concepts off against absurd backgrounds and hints of mysticism. In short, they maintain staggering story-telling, deliciously thought-provoking ambiguity, and evocative cinematography, but there’s no art-house pretension to be seen. In fact, humor laces several of the entities. This is in noted contrast to the typically somber predecessors in the International Feature Film category.

For the most part, this can be chalked up to the previous season’s Oscar win for the exceptional South Korean film, Parasite. Parasite represented a genre-busting addition to the Oscar category sometimes called ‘the art house’ category, and in destroying the boundaries of what was deemed acceptable to put forward.

The approaching 2021 Oscar season is already one with many dark horses running. With the COVID-19 crisis keeping many big-ticket films off of our screens, it’s given smaller pictures and unique projects a chance to flourish. The International Film Feature category, in particular, has proven to be a fertile and imaginative selection unlike anything we’ve ever seen here before. It will be interesting to see how this trend develops over the next few years- but one thing is certain. Interesting viewing lies ahead!

Other side-effects of the proposed COVID-19 bail-out for the entertainment industry

Just this week we’ve finally seen some signs of the long-hoped-for bail-out package for businesses struggling in the wake of the pandemic-caused economic recession. News that the bill has passed the senate, and has just to head to the President’s desk for final signing, is certainly positive. Yet- slightly oddly- the bill itself goes far beyond actual COVID-19 relief. BLAKE & WANG P.A best entertainment lawyers in Los Angeles have the details you need.

Odd inclusions

For example, the bill includes a measure making illegal streaming services a felony. Likewise, there will now be a ‘small claims panel’ to weigh in on disputed copyright claims. Whether or not you feel these things are necessary, they seem like strange additions to a much-needed bill that’s supposed to focus on being a lifeline to decimated sectors of industries like the entertainment industry.

Much good news

Despite the oddities, however, the passing of the bill is certain to bring relief to many in the entertainment industry. Alongside expansions to Save our Stages and a direct employee retention scheme, the bill also caters for a federal tax incentive for TV/movie productions. Productions will be able to write off $15 million of expenses in the year incurred, rather than as depreciation, and it has been extended to 2025. As such incentives are typically rolled out year-on-year, that’s exciting in itself. There’s also loans for local media to provide a paycheck protection program under key circumstances.

Alongside the provisions directed at the entertainment industry specifically, we also see exciting extensions to the unemployment insurance fund that will impact those working in the entertainment industry, a direct stimulus, rent payment assistance, propositions to increase broadband access, and a PSA campaign focusing on promoting confidence in the COVID-19 vaccine.

Overall, the news is overwhelmingly positive. We can only hope the bill rolls into full legislation soon.

WGA vs WME: What the judge has to say

Judge André Birotte Jr of the Federal Court this week has weighed in on the ongoing dispute between the WME and WGA, as the matter was brought to (virtual) court last week. Like most of us, shocked at the lengthy boycott of major agencies by the WGA, he seemed keen to see a speedy conclusion to the matter. BLAKE & WANG P.A one of the best entertainment law firms los angeles examine the matter.

Judge Birotte opened with an overview of the case to date. He frames the matter as two sides who want the same thing, swiftly, but disagree on how to about them. He also pulls attention to the possibility of ‘lost focus’, mentioning “exceptional lawyers and executives- and the egos that may sometimes come with that.” He seems keen to reframe the matter as both sides caring about writers, albeit in different ways, and losing focus on the end goal by pursuing litigation. He even went as far as to scold them that “It’s the writers and the agents who have been in this state of tumult while you all fight loudly and publicly about this.”

He’s quick to take some of the sting out of that, noting that he appreciates great lawyers and the zeal that powers them, but perhaps the gentle rebuke isn’t so far fetched, in that they are not directly affected by the permanent pause that’s been placed on the WGA/WME relationship by the ongoing refusal to see eye-to-eye. Into this concern for the people most affected by the lack of agreement, he also brought mention of the unprecedented global health crisis and its unforeseen effects on livelihoods, wellbeing, and the same business relationships under threat with the boycott. He called the WGA’s demands an attempt at a “paradigm shift,” and urged all parties to bear this in mind in negotiations.

All in all, while the Judge ended by agreeing to take the matter under submission, his words read like a sensible, yet firm, urging to drop any posturing and get negotiations back on track. It’s clear he’d rather see the 2 Hollywood stalwarts settle the matter themselves, rather than be forced to settle it in his court. Will he get his Festive wish? BLAKE & WANG P.A Entertainment Lawyer will be watching the situation with interest.

How we progressed through the year of COVID-19, according to our Netflix accounts

With social isolation being the predominant theme of 2020, there was a concurrent spike in demand for streaming services. As a bit of festive fun from BLAKE & WANG P.A Entertainment Lawyer Los Angeles, we’re taking a look at what shows trended when during this tumultuous year of lockdowns, restrictions, and more- and what it says about ourselves as a whole, too.

Firstly, and as a positive, Netflix would see a boom in foreign-language dramas throughout the year as it opened itself to a wider subscriber base. This was accessed by viewers willing to use subtitles as well as native speakers. Romance and action would also remain key parts of the 2020 landscape no matter what happened- indicative, perhaps, of an urge to escape a lonely year with something escapist.

A very surprising boom would come at the start, however- baking shows! Perhaps accompanying the social media ‘banana bread’ challenge (or causing it), many anchor programs revolving around the soothing art of creating comfort food would see an uptick- well over 50% extra demand!

The euphoria would not last long, however. As lockdown stretched into April and beyond, we would instead see a 30% uptick in demand for sad content and tearjerkers, alongside a greater interest in true crime documentaries and, of course, the phenomenon that was Tiger King. Alongside it would come a demand for stand-up comedy in all its forms. Dating shows and other ‘fluffy’ unscripted reality would also stay strong throughout the year.

In a move that can be seen as positive for humanity as a whole, in the three weeks following the controversial murder of Geroge Floyd, there was a peak in demand for content focusing on the experiences of people of color. This would be the push behind Netflix’s launch of their Black Lives Matter collection.

All in all, it’s a telling look into the mood of a year that’s been like no other, especially for the entertainment industry. The trends we see here will doubtless shape the 2021 orders Netflix places, which means it could also be an interesting knock-on effect for the industry as a whole. BLAKE & WANG P.A will continue to watch (pun intended) with interest.

With red carpets rolled up, how will the Oscar votes be decided in 2020?

The year-end Awards season, culminating in the Oscars, is usually an occasion for glitz, glamour and many cocktails sipped on red carpets. With the disaster that 2020 has wrought on many aspects of the entertainment industry, however, the usual ‘wow’ factor in-person events have been packed away ‘til next season. That doesn’t mean the Oscars won’t be going ahead, however, leaving those with films in the running an interesting conundrum or two to solve. BLAKE & WANG P.A Entertainment Lawyer takes a closer look.

Perhaps the most pressing question in the industry currently is, ‘How will I get them to see my film at all?’ Most typical Oscar season campaigning is designed to lure bums-on-seats for the big screen. This year, with even the Award ceremony itself going digital, contenders have to face the fact that their films will be viewed on laptops and home systems, no doubt to be paused frequently and competing with smartphones, snacks, and other distractions. So much of a successful Oscar campaign hinges on getting people to watch the film at all, and preferably in a situation as close to the director’s ideal as possible. A laptop screen just isn’t that.

Nor has this been the ideal year to generate hype or snag pop-culture prominence for your movie. People are burned out by the pandemic, more interested in bingeing something light from Netflix than engaging with complex commentary with a movie. It’s a year where Box Office hits were postponed, little of ‘blockbuster’ status produced, and movies play very much second fiddle to other, more corporeal worries for most. Those who do have contenders have to keep interest in their movies alive until April, too, meaning even the festive season won’t create much momentum for them. Last year saw ‘Parasite’, the first non-English Best Picture winner, take the title through social media hype. Many more will inevitably win through online campaigns this year. How will these be managed, however, is the real question, and it will be interesting to see what contenders bring to the table. BLAKE & WANG P.A, as always, will be here to keep you clued in on new developments.

Will changes to the ‘Best Picture’ qualifying criteria make actual change in the industry?

With new changes tabled as to how the American Motion Picture Academy determines if a production qualifies for Best Picture, opinions are divided. Today BLAKE & WANG P.A takes a look at some of the key issues.

Have the changes gone over well?

To date, the only fair description is ‘mixed’. This would possibly have gone better if the new changes weren’t leaving people completely confused about when and where they apply. Of course, not every AMPAS voter has actually given the matter the thought it needs- some have just seen the word ‘diversity’ and let a knee-jerk reaction take over. Some have catastrophized that dream projects and creativity will grind to a halt. Others have taken the time to look at the matter in depth. While many are still considering all implications, it seems they’re viewing the changes with optimism for the industry.

In short, it’s probably too early to tell. Once the immediate feelings of excessive control and ‘false diversity’ have settled, however, cooler heads are likely to see this as an overall positive move forward for the film industry as a whole and the Academy and Oscars in particular.

Will these new regulations make a difference?

There’s no way we can tell at the moment. It’s certainly good that we’re seeing some movement towards these goals, and the intentions are excellent. It’s a forward-looking strategy that not only attempts to address diversity, but also ‘future-proof’ the Oscars to stay relevant as times (and audiences) change.

Nor are the changes just about race. Women, for example, and the LGBTQ+ community have been drastically underrepresented in both the industry and the awards ceremony, and the ‘underrepresented communities’ part of these rules seeks to address this. It’s difficult to know how to reach into the systemic societal mess around these issues and create change, but at least this is trying to make a difference.

There will be no real indication of what wider effects this new ruling has until we’ve seen it in action. With the changes not due to go into effect until the 2024 Oscar season, it will be a while before we fully understand how this pans out. In the meantime, it seems like an interesting step forward.