“(b) the literary material for the program, or for the first episode in the
case of a the series, is written on or after August 2, 2020 pursuant
to a license agreement entered into prior to that date.
4, 5
“(3) Except as provided otherwise in subparagraphs (1) and (2) above:
“Subject to the next paragraph, any High Budget SVOD Program, the
literary material for which is written on or after May 2, 2020, pursuant to
a license agreement entered into prior to August 2, 2020,
6,
7
shall be
4
If the licensee orders additional programs or episodes of the series, the literary material
for which is written on or after August 2, 2020 [the first Sunday following the AMPTP’s receipt
of notice of ratification], pursuant to a license agreement entered into prior to that date August 2,
2020, and the Company has the right to negotiate with respect to the material terms and
conditions of the license for the additional programs or episodes, then the program or episodes of
the series shall be subject to the terms of 20202023 Sideletter on Literary Material Written for
Programs Made for New Media.
5
The Company shall notify the Guild of any such license agreement that it enters into prior
to August 2, 2020. The notice shall include the name of the licensee, the term of the license
agreement, the license fee, the number of programs or the number of minutes of programming to
be produced under the license agreement, the anticipated start date of principal photography, the
anticipated date of delivery of the program or series, and whether the licensee has an option to
order additional programs or series under the license agreement and, if so, whether the material
terms and conditions applicable to such additional programs or series are fixed in the license
agreement or are subject to negotiation. At the Guild’s request, the Company must make an
unredacted license agreement available for inspection at the Company's office in Los Angeles
subject to a confidentiality agreement equivalent to those governing new media license
agreement inspections.
6
If the licensee orders additional High Budget SVOD Programs or episodes of a High Budget
SVOD series, the literary material for which is written on or after May 2, 2020, pursuant to a
license agreement entered into prior to August 2, 2020, and the Company has the right to
negotiate with respect to the material terms and conditions of the license for the additional
programs or episodes, then the High Budget SVOD Program or episodes of the High Budget
SVOD series shall be subject to the terms of the 2020 Sideletter on Literary Material Written for
Programs Made for New Media.
7
The Company shall notify the Guild of any such license agreement that it enters into prior to
August 2, 2020. The notice shall include the name of the licensee, the term of the license
agreement, the license fee, the number of programs or the number of minutes of programming to
be produced under the license agreement, the anticipated start date of principal photography, the
anticipated date of delivery of the program or series, and whether the licensee has an option to
order additional programs or series under the license agreement and, if so, whether the material
terms and conditions applicable to such additional programs or series are fixed in the license
agreement or are subject to negotiation. At the Guild's request, the Company must make an
36
00300055.WPD; 2
Z:\MOA - drafts\2023 MOA FINAL (per WGA comments on AMPTP 445pm draft - 9-25-23 1158pm).wpd