Making Independent Films: Overcoming Challenges During Strikes
The Impact of a Union Strike
When you’re making an independent film every second counts. Ash Avildsen had six days of filming left on his low-budget biopic “Queen of the Ring” — including a climactic scene involving a majority of his cast — when the actors’ union went on strike on July 14.
The production, in Louisville, Ky., shut down immediately. If Mr. Avildsen could not receive an interim waiver from SAG-AFTRA, as the union is known, to continue filming, the project was likely to fall apart. The logistical and financial challenges of sending the cast and crew home and then trying to assemble them again after a strike would be too much for the shoestring production.
“It was maniacally stressful,” said Mr. Avildsen, who wrote and directed the film, about Mildred Burke, who became a dominating figure in women’s wrestling in the 1930s. “We could maybe have lasted another day waiting, but after two or three days it would have been a house of cards falling down.”
Interim Waivers: Keeping Productions Afloat
“Queen of the Ring” was granted the waiver, one of more than 160 the union has handed out in the past three weeks. To get one, projects must have no affiliation with the studios the actors are striking against and the companies involved must comply with the most recent contract demands the union presented to the Alliance of Motion Picture and Television Producers, which bargains on behalf of the studios.
Recipients of the waivers have ranged from under-the-radar projects like Mr. Avildsen’s to higher-profile films like A24’s “Mother Mary,” starring Anne Hathaway, and Hammerstone’s “Flight Risk,” directed by Mel Gibson and featuring Mark Wahlberg.
The Purpose and Concerns of Waivers
For the union, granting the waivers serves three purposes: It allows companies not affiliated with the studio alliance to keep working; actors and other crew members to remain employed when so much of Hollywood has ground to a halt; and major studios to see examples of productions operating while acceding to the union’s latest demands, including higher pay for the actors and increased contributions to the union’s health and pension fund.
However, the agreements are also causing confusion and consternation around Hollywood. Some wonder about the propriety of working on a production when so many in the industry — the writers have been on strike since May — are walking the picket lines. The waivers have drawn criticism from actress Viola Davis and comedian Sarah Silverman, who questioned their effectiveness and impact on the union’s goals.
Complexities and Uncertainties
One project that drew grumbles in some quarters when it received a waiver was the AppleTV+ show “Tehran.” The show, filming its third season, employs union actors, but an Israeli company oversees the production, which is shooting in Greece. That situation has created a gray zone, even though Apple, a member of the alliance, is financing the operation.
The timing and implications of interim agreements can also create confusion. While they can help a film finish production, they can also be granted to completed projects to allow actors to promote their films, including at festivals, where they might end up securing a distribution deal with a company that the union is striking against and that has not yet agreed to a new contract.
Weighing the Costs
Honoring the interim agreement does raise an independent production’s costs. Production budgets can increase by 8 to 10 percent, a significant challenge for independent films that already count every penny.
An Uncertain Future
While the waivers offer temporary relief for independent productions, the uncertainty of ongoing strikes and negotiations leaves filmmakers and industry professionals concerned about the future. The possibility of struggling to secure distribution due to ongoing disputes is a worry for many.
