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Hollywood is still on strike, so why are some movies being made?

Although the actors and writers strikes have shut down nearly all Hollywood films from major production companies, some independent productions are being granted union waivers to continue. The move has proved confusing and divisive to those on picket lines.

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Damian Dovarganes/AP
Picketers demonstrate outside Disney studios on July 28, 2023, in Burbank, California. While the strikes have shut down much of Hollywood, some independent productions have been able to receive waivers.

The actors and writers strikes have resulted in most Hollywood film and television productions being shut down, from the 鈥淕ladiator鈥 sequel to the live action 鈥淟ilo & Stitch.鈥 But some independent films and television productions are being granted waivers by the union that will allow them to continue, with Screen Actors Guild-American Federation of Television and Radio Artists actors, amid the strike.

It鈥檚 a move that the union leadership says is an essential negotiating tactic, but that鈥檚 also proved divisive and confusing to many sweating it out on the picket lines while movie stars like Anne Hathaway and Matthew McConaughey continue to work.

Here鈥檚 what to know about the 鈥渋nterim agreements鈥 that are keeping some Hollywood productions filming.

What falls under the interim agreements?

Actors are striking against studios and streaming services that bargain as the Alliance of Motion Picture and Television Producers. The group鈥檚 ranks include the major film studios (Disney, Paramount, Sony, Universal, and Warner Bros.), television networks (ABC, CBS, Fox, and NBC), and streaming services like Netflix, Apple TV+, and Amazon.

There are numerous independent production companies that aren鈥檛 affiliated with the AMPTP, and they are allowed to film with SAG-AFTRA actors during the strike. They must agree to terms that the union proposed during negotiations on July 12, which includes a new minimum wage rate that鈥檚 11% higher than before, guarantees about revenue sharing, and AI protections.

Those terms were rejected by the studios and streaming services, but SAG-AFTRA realized that some independent producers and smaller film studios (like Neon and A24) were willing to agree to the terms if it meant they could keep filming.

What are some of the productions allowed to continue?

As of Tuesday, over 120 productions have been approved including a Rebel Wilson comedy 鈥淏ride Hard,鈥 an untitled Guy Ritchie project, a film with Jenna Ortega and Paul Rudd called 鈥淒eath of a Unicorn,鈥 the Matthew McConaughey thriller 鈥淭he Rivals of the Amziah King鈥 and David Lowery鈥檚 pop star movie 鈥淢other Mary,鈥 starring Anne Hathaway and Michaela Coel.

The list is constantly updated on SAG-AFTRA鈥檚 website, but even some productions that have been granted waivers are still pausing for optics and solidarity. Viola Davis decided to step away from her film 鈥淕20,鈥 in which she plays the U.S. president at a G20 Summit overtaken by terrorists, despite it being granted a waiver.

鈥淚 love this movie but I do not feel that it would be appropriate for this production to move forward during the strike,鈥 Ms. Davis said in a statement. 鈥淕20鈥 though independently financed, was set to be distributed by Amazon Studios, which is an AMPTP member.

What is SAG-AFTRA鈥檚 strategy?

According to the union鈥檚 chief negotiator, Duncan Crabtree-Ireland, there are several benefits of the interim agreement to SAG-AFTRA members.

鈥淚t provides absolute empirical proof that the terms that we are seeking in the negotiation are reasonable,鈥 he told The Associated Press this week. 鈥淭here was a CEO of one of the companies who said that what we were asking for was unrealistic. And yet we have hundreds of independent producers who say we鈥檒l be happy to produce under those terms.鈥

It also provides opportunities for crews and actors to work, relieving some of the financial pressures of the strike. And, he added, it might be getting the attention of studios.

鈥淚鈥檝e heard from studio sources that they are unhappy with us doing this,鈥 he said. 鈥淭hat sort of confirms to me that the strategy is in the right place, because when the people you鈥檙e on strike against aren鈥檛 happy that you鈥檙e doing something, that probably means that it鈥檚 a tactic that鈥檚 having an impact.鈥

Emmy-winning 鈥淎bbott Elementary鈥 actor Sheryl Lee Ralph agrees with the strategy.

鈥淎s the first vice president of the L.A. Local, I have to honestly say interim agreements are smart agreements. What that does is keep little conversations going with producers who are not the big major producers,鈥 she told the AP Thursday. 鈥淪o now the big folks can look and say, 鈥榃ell, wait a minute, if they can do it, why aren鈥檛 we doing it.鈥欌

Why is it controversial?

To some members sweating it out on the picket lines and pinching pennies, it doesn鈥檛 feel like a united work stoppage when major celebrities like Ms. Hathaway and Mr. McConaughey get to still make movies.

Comedian Sarah Silverman was one who was especially irked about the loophole and posted her thoughts in an Instagram video. After meeting with SAG-AFTRA president Fran Drescher and Mr. Crabtree-Ireland, she walked back her outrage and said both sides better understood the waivers could be positive and negative.

鈥淚 do understand that some members feel like it creates a confusing message or that it makes it not as clear of a line,鈥 Mr. Crabtree-Ireland conceded. 鈥淸But] we鈥檙e all very clear on the fact that AMPTP companies are the companies we鈥檙e on strike against, and we鈥檙e not going to be engaging in production with them until they accept these very same terms or come to the table and make a fair deal with us.鈥

What happens if an AMPTP company buys the film distribution?

Some of the productions from smaller studios, like A24 and Neon, have their own distribution arms that can get films out into the world. But others don鈥檛. They often sell to AMPTP companies who ultimately put them into theaters or on their streaming services. 鈥淕20鈥 is a prime example of this, having already had a deal in place with Amazon to distribute.

Mr. Crabtree-Ireland said it鈥檚 鈥渁 concern鈥 but also a 鈥渞eality we accept as a possibility鈥 that one of these independent films will sell to, say, Netflix. He sees a possible upside if this happens though, as the interim agreement includes a streaming revenue share proposal.

鈥淚f an AMPTP-owned streaming company decides to acquire one of these projects that are created under the interim agreement, then they鈥檒l be acquiring a project that has a revenue share attached to it,鈥 he said. 鈥淲e鈥檒l be very pleased for them to start cooperating with that proposal.

What about actors promoting completed projects?

SAG-AFTRA is reviewing applications that would allow talent to promote independent films at upcoming fall festivals like Venice, Telluride, and Toronto, which are going forward with many high-profile world premieres regardless of actor availability.

Luc Besson鈥檚 鈥淒ogMan,鈥 debuting at Venice, was recently granted an interim agreement allowing its stars, like Caleb Landry Jones, to help promote the film through red carpet appearances and interviews. Other independent films headed to Venice include Sofia Coppola鈥檚 鈥淧riscilla,鈥 with Cailee Spaeny and Jacob Elordi, Michael Mann鈥檚 鈥淔errari,鈥 with Adam Driver and Penelope Cruz, Ava DuVernay鈥檚 鈥淥rigin,鈥 Michel Franco鈥檚 鈥淢emory,鈥 with Jessica Chastain and Richard Linklater鈥檚 鈥淗it Man,鈥 with Glen Powell, all of which could, theoretically be granted waivers, too.

This story was reported by The Associated Press. Andrew Dalton reported from Los Angeles. Leslie Ambriz contributed from Los Angeles.

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