Foreign Levies – the DGA – do nothing, opt out, or object?

I'm running on no sleep here from the screenplay I've been working on. I have a few things of which to blog, but for now I want to put this into the ether.

This entry will be subject to editing and revisions and possible retractions. I do suggest that if this affects you, that you consult with some legal counsel.

That said, here is my opinion, based on conversations with various parties about the FOREIGN LEVY/DGA CLASS ACTION SUIT situation…
It's a topic that generates a lot of passion and I've tried to wade through it and get to the nitty gritty. Hopefully, this makes some sense.

If you're a motion director with any work that has played overseas, you may – you 'may' (they claim not to know where a lot of you are) have gotten a letter regarding a class action settlement. The fact that I'm writing this today, July 21st, the day of the actual deadline for making a stink or not -- is hopefully not closing the barn door after the cows got out.

I think not, because there are others who have been very actively involved in this and I think the whole thing will blow up. I apologize, but the Sundance deadline took precedent.

Some of you might know that I wrote an article regarding the entire foreign levies debacle.
If this entry thus far means nothing to you but you're interested in knowing what it's about, you can read the article here.

Basically, in this class action suit, you have three choices:

1. Do nothing – which means that the decision of the suit would be how your future, in regards to foreign levies goes.
   
2. Opt out – for which the deadline is… today.
   
3. Object – for which the deadline is… today.
   

   
   

   Argh
   

I will say right out – I don't think the settlement is great. There is wording that is missed, things that are NOT addressed, the deal around which the suit is based is one that was brokered by the guilds and the AMPTP. It is not the deal which really affects non guild members in regards to foreign territories.
We're affected by a different deal – the AFMA (IFTA) deal. Even if these deals are the same… they're different entities. We're talking a very specific lawsuit. The details count. Plus, since a lot of these movies are also produced by the writers and directors – the producer part of you is owed a lot of money because by someone... who?

I personally would like these issues to be addressed and answered before I accept the outcome of a class action suit - one that will cost me money already owed, as well as money in the future.

I could go on, but for now I'm just going to tell you what I have learned – first by listening to others, and then doing some due diligence with other class action suits.

It might seem that opting out is the way to go. However, it's not. This is a cut and paste explaining it (from a BELKIN class action suit)

WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND OPTING OUT?

Objecting is simply telling the Court that you don't like something about the settlement. You can object only if you stay in the Class.

Opting out is telling the Court that you don't want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you.

In short, if you hope to be part of a better deal – which I sure as hell hope to be a part of :

Object.

Do not opt out.

More coming soon.

But now, I have to sleep.