The key to unlocking a new contract for striking ACTRA members could come from binding arbitration for new media usage of converted ‘old media.’

On Wednesday, CFTPA chief negotiator John Barrack told Playback Daily that North American producers are mulling over an offer from ACTRA to enlist an independent third party to establish payment formulas for old media conversions.

The move is the first sign of progress in the walkout, now in its second month, since talks stalled last week.

The latest overture by the actors union includes putting the separate issue of residuals for made-for-new media performances to a joint committee, before a new Independent Production Agreement is quickly agreed on all remaining issues.

‘I’m continuing to work on new ideas floated by ACTRA, and to review those ideas with my partners in the Quebec and the U.S.,’ says Barrack.

‘We’re trying to find some way to get a deal. I’m cautiously optimistic that we may be able to find a solution,’ says ACTRA chief negotiator Stephen Waddell, after extensive communication in recent days with Barrack.

ACTRA and the CFTPA held mediated bargaining sessions on Feb. 7-8, but stalled on the issue of new media residuals when the actors rebuffed a 5% buyout offer from the producers.

In an apparent change of strategy, ACTRA is now looking to get the issue of new media residuals off the table by letting a formal arbitrator evaluate offers from both sides before deciding on a payment formula.

At the same time, ACTRA could get out of Dodge with a wage hike and an end to its strike.

For the producers, the challenge is securing agreement from the American producers, some of whom are keen to create a Canadian precedent for new media residuals for leverage in their own contract renewal talks with Hollywood guilds later this year and next.

The CFTPA will similarly need to bridge differences among its membership, as some producers are more adamant than others that a deal on new media residuals is required to move forward with the emerging digital revolution.

Keeping the Americans at the table as the ACTRA strike moves to its end-game is also crucial because Hollywood producers are signatorees to any IPA agreement, along with the CFTPA and Quebec’s APFTQ.