17-Point Side Agreement (Rider)
Here we will analyze the 17-pt side agreement against responsibilities and guidelines that an producer-actor must meet. Please read disclaimer below and as with the rest of the website, it’s all alleged according to our heart.
Things to keep in mind: The table is our analysis of how light-to-strong it aligns with the theory that the 17-point side agreement was a guise to add more oversight an creative control that will later qualify BL as meeting the requirements for the PGA Mark.
For our readers, below is a condensed/ simplified summary of the PGA Mark requirements, the full PDF can be found at the ProducersGuild .org website:
- Must have performed, in a decision-making capacity, a major portion of the producing functions on the Motion Picture.
- Clarifying Criteria for pga mark with a Non-Producing Role (such as the individual is an ACTOR as well) can qualify for the PGA mark only if it is demonstrated that, without taking into account decisions they made in their non-producing role, they performed a major portion of the producing functions in a decision-making capacity on the film in their role as a producer, as evidenced by: (i) having substantial responsibility for the overall production and delivery of the film; and (ii) making regular, continuous and substantial decisions regarding production, budgetary, and legal concerns in a constructive and responsible manner.
- If they are an actor they must meet the items in Category A & personally perform at least two of the functions in Category B, that would be strong evidence that actor has met the pga mark standard:
- Category A: Actor demonstrated that they personally made regular, continuous, and substantial decisions regarding production, budgetary and legal concerns in a constructive and responsible manner.
- Category B:
- 1. Actor personally:
- 1a) was involved with the project prior to all other producers;
- 1b) created, identified, or secured the intellectual property on which the project was based;
- 1c) secured the director, writer, or financing before the film was greenlit or a majority of the financing was obtained (actor does not get credit for securing themselves as a critical element of the film);
- 1d) resurrected an otherwise stagnant project, or significantly reimagined the script or production, before the film was greenlit or the financing was obtained.
- 2. Actor personally rendered substantial creative contributions to pre-production and production that are beyond those typical of an actor.
- 3. Actor personally rendered substantial creative contributions to post-production that are beyond those typical of an actor.
- 1. Actor personally:
17-POINT BULLET POINTS
REQUIREMENTS FOR p.g.a CREDIT
IS THIS PROTECTED ACTIVITY?
01
An intimacy coordinator must be present at all times when BL is on set.
✅ Partial Alignment: Establishing new on-set protocols (one that affect scheduling the IC full-time not just by typical SAG-AFTRA guidelines for actors with intimate scene) can cross into production oversight territory.
✅ Light alignment: It may also be used to demonstrate involvement in legal decisions.
02
There must be a closed set during the rehearsal or filming of any scene involving simulated sex or nudity and any observation via remote monitors shall be restricted to essential personnel as approved by BL (to be further described in a fully negotiated, fully-executed, SAG-compliant nudity rider (“Nudity Rider”)).
✅ Strong alignment: Key words here are “as approved by BL. While the nudity rider is not unusual, the degree of control and authority BL exercises over how it’s implemented is the distinction. Actors do not typically set access, yet with this, BL is deciding who is allowed on set, including approving the list of essential personnel, this elevates the action from an actor protection to how she personally influenced a production-side responsibility.
✅ Liight alignment: This level of contractual negotiation and enforcement of set policy aligns with the PGA’s definition of “making regular, continuous and substantial decisions regarding legal concerns in a constructive and responsible manner”.
03
There is to be no spontaneous improvising of any scenes involving physical touching, simulated sex, or nudity. Scenes involving kissing, depictions of sexual intercourse, or any other physical touching must be contained in the screenplay (as approved by BL), choreographed in advance in the presence of the intimacy coordinator, and may only proceed as choreographed with the consent of all participants in advance.
✅ Strong Alignment: BL exercises final authority over what appears in the script in what appears as creative control, a key PGA function.
✅ Strong Alignment: Seemingly, this demand supports the view that BL shaped the content, performance, and even the logistics of how scenes were executed, contributing to a “reimagining of the production”.
04
Physical touching and/or comments on BL’s physical appearance must only be done/made in connection with the character and scene work, not as to BL personally. Except as written into the screenplay or as strictly required in connection with make-up or costume preparation, there is to be no physical touching (including hugging) of BL, her on-set personnel and/or her employees.
❌ No alignment
05
There are to be no discussions of personal experiences with sex or nudity, including as it relates to conduct with spouses or others.
❌ No alignment
06
No one will enter, attempt to enter, interrupt, pressure, or request entrance to BL’s trailer while she is in a state of undress for any reason.
❌ No alignment
07
There shall be no rehearsal or filming of any nudity and/or simulated sex without the Nudity Rider in place. Any such footage previously shot without the Nudity Rider in place, and in direct violation of SAG requirements, may not be used without BL’s and her legal representatives’ prior, written consent.
❌ No alignment, as it already is a standard practice under union rules and SAG-Aftra.
08
BL may have a representative of her choosing present with her on set for the remainder of the rehearsal and shooting days, including while on a closed set.
❌ No alignment. (Though we’re not sure this was forbidden to her as she texted the mutual friend that she wanted to invite her on set, so seemingly she had no restrictions to impede her to do this)
09
If BL is exposed to COVID-19, she must be provided notice as soon as possible after Wayfarer or any producer or production executive becomes aware of such exposure.
✅ Light alignment: For Producer-level contribution or decision-making, unless further evidence shows BL created, enforced, or managed COVID protocols for the cast and crew.
10
There shall be no retaliation of any kind against BL for raising concerns about the conduct described in this letter or for these requirements. Any changes in attitude, sarcasm, marginalization or other negative behavior, either on set or otherwise, including during publicity and promotional work, as a result of these requests is retaliatory and unacceptable, and will be met with immediate action.
❌ No alignment.
11
Sony must have a mutually-approved representative on set for the remainder of the rehearsal and shooting days, including on a closed set, to actively supervise the production, including monitoring the safety of the cast and crew, ensuring compliance with the schedule and overseeing logistics, problem solving and creative issues.
✅ Moderate Alignment: since BL is requiring a mutually-approved individual for these functions indicates influence over core production operations, especially creative and logistical decisions.
✅ Strong Alignment: Under the PGA requirement in the Production phase, it says “Overseeing daily operations, consulting with and resolving issues raised by key physical production and creative staff, and liaising with financial, studio and/or distribution partners.” This demand seemingly shows BL requiring: a) active oversight, b) monitoring logistics, c)creative oversight, d) scheduling responsibilities. Seemingly a producer-level engagement with a distribution partner, Sony.
12
Wayfarer will engage an additional, experienced A-level producer, approved by Ms. Lively, to actively supervise the production, including monitoring the safety of the cast and crew, ensuring compliance with the schedule and overseeing logistics, problem solving and creative issues.
✅ Moderate alignment: BL is seemingly dictating hiring with this demand.
✅ Strong alignment: BL is influencing the operation hierarchy, decision making process, and resolution structure, which are core producer actions.
13
Wayfarer must empower any existing third-party producer with appropriate and customary authority to actively supervise the production, including monitoring the safety of the cast and crew, ensuring compliance with the schedule and overseeing logistics, problem solving and creative issues.
✅ Strong Alignment: For producer influence on production, safety, logistics, and problem-solving
✅ Moderate Alignment: As it affects budget execution and authority.
14
Wayfarer will engage an A-list stunt double, approved by Ms. Lively, to rehearse and perform any scenes involving the character “Lily” that depicts rape or any act of sexual violence. Ms. Lively will only perform close-up work or other preapproved shots for such scenes.
✅ Strong Alignment: This demand shapes the artistic execution, shot planning, and crew involvement. All of which fall under core producer functions in both pre-production and production phases.
✅ Moderate alignment: Due to influence in the creative decision-making, as BL has ultimate creative control over specific shots, which are a large part of the Film’s theme.
✅ Strong Alignment: Meets “creative contributions beyond actor role” as BL is restructuring the way these scenes are filmed.
✅ Moderate alignment: Potentially aligning in influencing hiring, budget and scheduling, since she demands approval rights for stunt double.
15
Any rehearsal or shooting involving Ms. Lively, or any other performer depicting the character of “Lily,” that involves nudity (including partial nudity) or simulated sex must be conducted strictly in accordance with the Nudity Rider and must adhere to the approved script.
✅ Strong alignment: BL is demanding creative control for younger Lily, meeting the point of “consulting on the overall story arc beyond that of the actor’s character” (BL’s character is older Lily but here is demanding creative control for younger Lily).
✅ Strong alignment: BL extends her influence and decision-making responsibilities to all portrayals of her character, showing continuity control even when not performing.
✅ Strong alignment: Ownership of the character’s portrayal arc, by limiting how “Lily” can be visually or physically represented, BL shapes the tone and visual execution of her character, which is a producer-level influence.
❌ Partial alignment: demand is it already is a standard practice under union rules and SAG-Aftra, referencing the required Nudity Rider.
16
Any and all day players must be engaged through customary industry talent agencies and not through personal connections of the director and/or producer.
✅ Moderate alignment: Partially aligned, as it seemingly demands and establishes new on-set hiring protocols, production and creative decision making.
.
17
Hold an all-hands, in-person meeting before production resumes which will include the director, all producers, the Sony representative, the newly-engaged third party producer, BL and BL’s designated representatives to confirm and approve a plan for implementation of the above that will be adhered to for the physical and emotional safety of BL, her employees and all the cast and crew moving forward.
✅ Strong alignment: Seemingly this demand outlines a full-production operational meeting that includes: Coordinating all top-level stakeholders (studio, producers, talent, third-party producers).
✅ Strong alignment: As it also seems to place BL as approving body before production can move forward a “stagnant production”.
Why did BL not demand for HR to be present for an all-hands meeting if it was addressing HR complaints and she wanted this to be protected activity?