Production

Loan Outs in Limbo

The California EDD, the state agency that administers unemployment, has informed multiple entertainment payroll companies that cast and crew working on productions under the common “loan out” method have been misclassified. The EDD contends that many of those working under a loan out agreement should have been classified as employees, with productions paying them directly and withholding taxes from payment.

Loan outs are prevalent in the entertainment industry, with many department heads, actors, and other using them. Loan outs allow workers to own their own company, pay themselves through it, and “loan out” their services to productions. While this can benefit the productions, the primary purpose is allowing the worker to write-off their business expenses, including owned equipment, advertising, and agency fees.

The scope of the EDD’s objections are not yet clear, and the payroll houses, as well as the major guilds, are asking for clarification. It’s unclear whether the EDD is targeting specific instances of loan outs, or if this is the harbinger of a larger ruling. The Franchise Tax Board and other relevant agencies have not yet weighed in either.

This is a story that is likely to change quickly, but the Law Firm of Dillon McCarthy is monitoring the situation and what it will mean for clients.

What's in the New WGA Contract?

The WGA strike is over, and assuming the membership ratifies it, there is a new agreement between the Writer’s Guild of America and the AMPTP, the studio’s collective bargaining representative. But what' does the new agreement say and what does it change in Hollywood?

Pay

The new contract includes a 5% immediate increase in the minimum pay for WGA members, with additional smaller increases in 2024 and 2025. Studio contribution to the Health and Pension Plan also increased 0.5%.

Residuals

Television has changed a lot since the last WGA deal, with most people watching via streaming services. This has cut into residuals. The new deal requires streamers to let WGA know some of their viewership numbers. Based on a number of factors including viewership, writers will now receive increased residuals payments for successful streaming projects.

Artificial Intelligence

Going in, this was one of the more uncertain avenues in the WGA’s conflict with the studios. No one knows exactly how AI will change the industry moving forward. What we do know is that, under this contract, AI cannot re-write a writer’s work. AI can also not receive writing credit, something that many worried the studios would do, having AI write a treatment, calling the author’s contributions a re-write, and using that as an excuse to credit and pay them less.

A writer may use AI themselves in developing material, but cannot be required to do so.

Writer’s Rooms

Shows now have to employ more writers, based on the length of the season, and for longer. This excludes shows written entirely by one person.

The deal is more than 90 pages long, so this doesn’t cover everything. But it hits on the primary points of conflict that led to the strike in the first place. If you are a writer in need of legal representation, reach out to The Law Firm of Dillon McCarthy, and best of luck getting back to work.

Coronavirus and Your Business

This is a trying time for most businesses and productions. It presents new legal and business challenges. Employee management, scheduling, and planning even small amounts into the future have become much harder. The Law Firm of Dillon McCarthy can help your business or production get through this time a little easier. We are ready to meet with clients remotely while you navigate these new challenges.

Most importantly, stay safe right now.