A Bad Thing To Do
Posted by Craig Mazin on 20 Apr 2008 at 05:40 pm | Tagged as: WGA Issues
I had been planning to write Part 2 of my somewhat premature retrospective on the strike, and in that essay (still forthcoming), I had intended to be somewhat complimentary.
Yup. And then…
…I, along with everyone in the WGAw and WGAE, received an email from Patric Verrone. You can read the full text of the letter here, but I’ll excerpt the worst of it below.
In the face of enormous personal and financial hardship on the part of many, you sacrificed in the knowledge that your refusal to work would reap benefits not only for yourselves but countless others in the creative community, now and in the future. Your stalwart resolve paid off. Yet among the many there were a puny few who chose to do otherwise, who consciously and selfishly decided to place their own narrow interests over the greater good. Extreme exceptions to the rule, perhaps, but this handful of members who went financial core, resigning from the union yet continuing to receive the benefits of a union contract, must be held at arm’s length by the rest of us and judged accountable for what they are – strikebreakers whose actions placed everything for which we fought so hard at risk.The letter goes on to link to a page with the names of all the writers who went FiCore during the strike. Not the writers who went FiCore before the strike…or the writers who’ve gone FiCore since the strike…just the ones that really piss Patric off.
You see, we’re all in this together…or else.
Now, if you adhered to the strike like I did or like every writer I know did, you feel a natural antipathy to people who didn’t. And yet, as a pragmatist, I must ask…if a handful of soap opera writers went FiCore (and they did)…well…so what?
Electing to become a financial core non-member is a legal right available to all union members, enshrined by a United States Supreme Court decision. It is as non-criminal an act as opting to become a union member. We don’t have to like it, but must we now publicly shame, humiliate and punish those who opted for this? To what end? What are we achieving here? Is this a warning to the rest of us? Or is it merely an opportunity to smugly shower the impassioned mob with traitor’s blood?
These writers were frightened and intimidated, no doubt, by their corporate employers. These writers have not made millions of dollars screenwriting like many of our WGAw Board Members. Nor have they made millions running television shows like many of our WGA Negotiating Committee Members. I do not approve of what they did, but I’ll be damned before I judge them and their circumstances without knowing them, their families or their extenuating circumstances.
No such scruples for the man who “sleeps the sleep of the just.” Here is Patric’s institutional declaration that these people are “puny.” Here is his demand that we “hold them at arm’s length” for all time.
If Patric could throw stones via email, no doubt they’d be whistling toward those daytime writers right now.
Nietzsche wrote, “Distrust everyone in whom the impulse to punish is powerful.” Indeed. This letter is an unnecessary kick to the face of people whose punishment ought to be the weight of their own consciences. They pose no threat to us…unless, like Patric, you believe that any show of disloyalty is enough to bring the whole godforsaken house of cards down around us.
The word “blacklisting” keeps cropping up. There are obvious differences between this letter and the blacklists of the 50′s. The blacklists involved the government and prison. This ain’t that by a long shot. And yet, the public exposure, the thinly-veiled exhortation to not hire these people, the list of names and the accusation of disloyalty and treachery…made by the powerful against those making unpopular but legal choices (communism, ficore)…is born of the same human frailties that led to the blacklists of the 50′s.
Paranoia and fundamentalist zeal.
What an embarrassing and sad day for our union. This letter isn’t something that will destroy us. It’s just a stain. An ugly, unnecessary stain.
I’m not the only writer with a strong opinion about this letter. You can read John August’s thoughts here and Lee Goldberg’s here. I’ve also offered this space to others who wish to voice their feelings. Most have done so under their own names. A few were concerned about reprisals and wished their thoughts to be anonymous. Hard to blame them.
Their opinions are their opinions, just as mine are mine. I post them here, in the hopes that a public protest might achieve precisely what loyal opposition is intended to achieve: accountability and improvement.
That might be one of the creepiest emails I’ve ever received. I’m surprised a professional writer wrote it, much less the President of our guild. We’re blacklisting people now? Count me out. – Derek Haas
I guess our union isn’t really as strong as Patric and David have said it is. I guess the truth is, in order to hang together, we need to resort to small minded tactics to scare our membership into acting as one. Reasoned debate and tolerance for other opinions are now considered either weak or outright treasonous. Members exercise their legal rights and are singled out as traitors. Yet irresponsible plateheads make gross misstatements about our health coverage during the strike and go unpunished (while those who speak out are asked to leave). It’s sad that a mere 50 some years later, the WGA would be using the same tactics and rhetoric as HUAC. How does publishing this list help anything? It only hurts and makes us all look “puny.” – Scott Frank
Alvah Bessie, Herbert Biberman, Lester Cole, Edward Dmytryk, Ring Lardner Jr., John Howard Lawson, Albert Maltz, Samuel Ornitz, Adrian Scott, Dalton Trumbo. It was wrong then. It’s wrong now. – Greg Strangis
Patric and Michael are encouraging a blacklist of sorts. While they do not overtly ask the rest of us to avoid hiring or working with those writers who have gone fi-core, it is clear that their goal is to make it impossible for these individuals to stay employed. As someone who was on the picket lines, obeyed all strike rules, and put my pencil all the way down, in other words, as a guild member in good standing who sacrificed in all the ways I was asked, I find Patric and Michael’s letter totally offensive, embarrassing and without regard for context or history. Witch-hunts are always bad. Institutional witch-hunts always redound against the institution in the end. Let’s reject this ill-timed, ill-advised missive and move forward with a more united, hopeful and pragmatic guild. – Brian Koppelman
One might have suspected that Comrade Verrone – a comedy writer – would have been more sensitive to the irony of his guild, which through its Written By magazine so frequently reminds us of the dark days of McCarthyism, now taking such pleasure in the publication of its very own blacklist. – Gary Whitta
This is a goon move, another in a long line of dim thuggery that has come to define our guild. The insane righteousness of these bullies provide an interesting contrast to the limp, puny deal they managed to achieve. – Larry Doyle
Patrick and Michael, your recent email has given me the bends. I voted for the strike. I walked. I was “force majeured” out of my pilot—but always felt on the righteous side. When your choices of action were questioned, I’d take a moment to wonder if I could do better, and never felt certain I could. You were navigating so many fronts, with such high stakes… But this was easy. You don’t do this! At a time when we need to be creative and re-seed a barren landscape, you don’t try to aim us at those who chose to do something that is, in fact, legal. You don’t suddenly act in the vindictive style of the very people we were struggling against. I am not in THIS together with you. – Michael A. Ross
I feel like we’re being invited to set up stocks in the public square. Not writing for 100 days didn’t make me “courageous.” Nor did it empower me to peer into my fellow-writers’ souls and shun them for acts of conscience, whim, or desperation. – Brian Horiuchi
I know that a union has rules, and it must enforce them to be effective. However, the release of this list is not necessary to that effort, and instead seems only a petty, and pointless, act. In opting to go ficore, the listed writers were making a choice allowed under the WGA’s rules. It’s petty to publicly shame these few serial writers while many people who actively scabbed during the strike will go unpunished. Efforts to prove scabbing have little chance of being comprehensive or effective. Proof will be hard to come by. People were sneaky and in many cases left no paper trails. Most will get away with it. The WGA’s statement said that the daytime serial writers who went ficore are enjoying the gains from the strike without having had to suffer the pain of the work stoppage. But the WGA allowed many writers to go back to work during the strike under its interim agreements with various companies. Despite how the WGA tried to spin it, those agreements did not create leverage or pressure against the companies because they did not hold companies to the WGA’s proposed contract. They obligated the companies only to abide by a new agreement when one was reached. Writers under interim contracts went back to work while their WGA colleagues continued to suffer steep financial losses. They now enjoy the benefits of the strike without feeling the full losses that their fellow writers endured. It’s a strange and uneven justice that finds that situation acceptable but singles out the ficore serial writers for shunning. – Cheryl Heuton
Remember how the Guild refused to talk about Ficore during the strike? Dismissing it as a minor revolt by a few soap opera writers. Now screaming it from the heavens when it serves their purposes. – Don Rhymer
The recent decision by the WGAW and WGAE to publicize the names of WGA members who went financial core during the strike is appalling and shameful—and the most blatant example to date of how current Guild leadership attempts to achieve unity not through inspiration but intimidation. I was incredibly proud when I got my WGA card, but right now, I am embarrassed to be a member of a union that employs such reprehensible—and puny—tactics. – Denise P. Meyer
I’m not proud of these writers who abandoned their union in a time of figurative war. And I share in the frustration that they could do so with very little downside. But I don’t believe it’s the place of the guild to go out of their way to take the petty, vindictive, legally risky, morally dubious and historically tone deaf step of publishing an enemies list. These people didn’t make a dent in the guild’s ability to wage a work stoppage. Wouldn’t the smarter move have been to downplay their impact as negligible, rather than taking an action that suggests we were badly damaged by it? Lastly, if the goal is to discourage anyone from abandoning their union when it matters most, the comments here, on WA, on Nikki Finke, etc, suggest that this ill-advised move may have backfired, creating legions of members who suddenly find themselves questioning whether or not this leadership deserves their loyalty. It sucks that these writers went ficore. But at least, as they are stripped of voting rights, they no longer speak for me. Patric Verrone and the board the the WGAw, however, do speak for me. And I sure wish they could’ve been bigger about this. – Michael Gilvary
Long before I became a professional writer, I was aware of the fifties blacklist and the terrible impact it had on screenwriters. Long before I joined the WGA, I was aware of the Guild’s efforts to undo some of this damage by working to restore the names of blacklisted writers to many films of that era — and that work was one of the reasons I was proud to join the WGA. The day I joined, I felt I was in an organization that would fight against using a list to try to destroy careers—it never entered my mind that the Guild would someday create such a list itself. Today I’m just disgusted, amazed and ashamed that the WGA would stoop to such a tactic, betraying its own history and insulting the whole of the membership by suggesting they’d be willing to participate in this new “blacklist”. – Mike France
With apologies to Robert Bolt and T.E. Lawrence…So long as the WGA pits writer against writer, so long will they be a little union, a silly union – petty, barbarous, and cruel, as we are. – John Turman
I hope other, braver writers make wonderful points about that repugnant letter. For my own part, I’m worried that if I put my name, I’ll be in line for the next round of petty, pointless retaliation. – Anonymous
I was astonished to receive today Verrone’s directive to blacklist and ostracize those on his “enemies list”, to isolate them and bring them material harm. Going fi-core is not just their privilege but their right. Who is this Guild to sit in judgement of these people? Who among this list went fi-core out of financial hardship, having lost faith in Guild leadership and direction (and they were not alone, far from it) and who had children to feed? Who did not? Who knows for sure one way or the other? Verrone has turned this Guild into an organization of arrogant bullies. The attempt to intimidate and punish is sadly reminiscent of lists from another decade, of which we are all ashamed. And so I am ashamed of this action; I am ashamed of what this Guild has now come to represent: an organization that no longer protects its own, even if they disagree or stay, but is capable of eating and disowning its own. Like it or not, respect these fi-core writers’ decisions or not, they remain dues-paying members. Their inability to participate in any other way is isolation and punishment enough. Before today, I was not embarrassed to be a member of this Guild, which has good intentions, ambitions and purposes at its core. I disagree with much, even strongly, but embarrassment? Not yet. But I am embarrassed today. To those writers on that list, whatever their reasons, I apologize. And as for Verrone, he may like to claim — ad nauseum — on our behalf that we are all in this together. From today, he is wrong. In this, at least, count me out. This I want no part of. – Peter Landesman
I have served on a number of Guild committees, produced numerous events for the members (including three successful Writers Salons) and proudly supported my union throughout the strike – pencils down, no doubt. But this action crossed so many lines, I cannot continue to give my time to an administration with so little regard for its members. This morning, I resigned from all my committee activity. The decision was not between leaving those committees or not leaving, but between going financial core in protest or simply resigning all volunteer work until we have new leadership. It is not just this letter, it is everything it has represented about way this union has handled its business in the past year, from the call I got from my strike captain who knew I hadn’t mailed in my strike authorization vote yet (and for all I know, knew how I voted), to the wholesale distribution of members’ private contact info to other members throughout the strike, to the “if you’re not with us, you’re against us” zeitgeist that was the very attitude that destroyed the reputation of our great nation worldwide. Just as I am not abandoning my country, but rather working from within the system to fix it, I will not abandon my union. It is a given that my resigning from two committees will not hurt Patric Verrone. If a hundred of me resign, it might; if a thousand, even better. A statement has to be made. This is not the union so many sacrificed so much to build. – Valerie Alexander
I wholeheartedly disagree with the choice of naming names of members going Fi-Core, and particularly take issue with the tone of Patric’s letter. I don’t understand how this is good for the WGA and while the WGA might possibly defend against the named assured lawsuits in a court of law, the court of moral authority will find all of us who make up the WGA guilty. If this was some kind of obtuse scare tactic to help SAG threaten their own members, it was not worth the price. Please cancel all my future issues of “Written By” that hail all the blacklisted writers of days gone by. The irony is too painful. – Michael Brandt
I can’t help but wonder: Why doesn’t the list include the names of everyone who went fi-core before leadership announced the strike was over? They no more shared in our adversity than those listed. But I guess leadership has no problem with them sharing in the victory of our new deal. True, a couple of them are high-profile, award-winning writer-directors-producers, but I can’t imagine that has anything to do with it. And if the list is intended to identify “strikebreakers”—those who went fi-core during the period we were ostensibly on strike against the AMPTP Companies in order to cross picket lines and work struck jobs—then why does it include the name of someone who works under the CBS Newswriters contract? Since the Guild was never on strike against the CBS News Division, how could anyone who works for them, fi-core or not, have crossed picket lines as a “strikebreaker”? Given Verrone and Winship’s own rationale for publicly identifying and disseminating the list, there’s no question that the selection of individuals on the list was arbitrary and discriminatory. Of course, the one thing all these people have in common is this: they dared to dissent with current leadership’s strategy for negotiating contracts, in the most effective way possible. And now they are being dragged around the public square, to be spat at and cursed by other writers, at leadership’s urging. Retaliation for the actions those members took during the 2007-2008 negotiation? Or warning to the rest of us in preparation for the strike of 2011? – Ted Elliott


I read the letter from Verone and was so disgusted by the child-like tattling, the very idea of joining a union with that leadership lost a lot of its appeal.
But today’s entry, chock full o’ sane, adult thoughts from a number of writers I respect, has me looking forward to joining the WGA, once again.
Thanks, everyone, for your individual, rational opinions.
RP
I wish I could say that I’m surprised by such an email (I received mine of Friday). I’m not. Nor am I surprised by the reaction, the backlash, to such a letter…
There’s no doubt that choice to go fi-core, for some anyway, was a difficult and agonizing decision. Do I blame those writers for going fi-core? The short answer is, no. I’m not them, I don’t know their situation or what their process was. Everybody has to do what’s best for them, make the tough call, determine the course of their own career. It’s an internal struggle that few understand until they have to make it themselves.
I hold no ill will to those who made the difficult to choice to go fi-core, but I’m grateful that I know who they are. In the future I hope to understand their motivation, it’ll help me comprehend how easy or difficult it was for them to come to such a costly decision.
Rather than knowing the names of those who went fi-core, I’d be much more interested in the names of those hypocrites who wrote under assumed names, requested their names be taken off scripts–yet still wrote and got paid for them, had secret meetings behind closed doors, who walked the picket line while all the while talking on their cell phone and trying to negotiate a deal for their spec script or set up a meeting to undercut the WGA in some other way…
Even if we don’t want to admit it, many of us who walked the line know at least one fellow writer broke ranks to further their career while the rest of us wore out shoe leather. The question is, do we expose them like those on this fi-core list or do we forget about it and let it slide in the interest of WGA unity?
To rat or not to rat, that is the question. It’s a difficult choice, one, like going fi-core was for those who did it. It’s best left to the individual because they’re the ones who’ll have to live with the repercussions.
We all have choices. Until we live inside the heart and head of those making those choices we’ll never know how difficult it truly is. And we shouldn’t pass judgment until we do.
Hey, Craig!
You should know that some of these writers make more money than you do. And by that I mean head writers Kay Alden (Y&R, now B&B), James E. Reilly (who wrote “Marlena possessed by the Devil” storyline for DAYS) and possibly Dena Higley. They can make as much as 2 millions a year.
Some of these writers had good reason to go fi-core (one General Hospital writer comes to mind), but the others… I don’t know why they chose this.
There are separate actions by the Guild to consider. Posting the list was, I think, appropriate.
What was not was telling us in the letter, with full declaratory sentences, what those who went financial core thought and felt, and telling the rest of the membership, what we should think, feel, and do.
I’m as “union” as the next member of WGAw, probably moreso than most, and I believe a labor organization exists to defend its members’ standards of living. I’ve next to no compassion for those who went fi-core, and I have heard the yuppie Nuremberg defense of “I did it for my children” one too many times. As some daytime writers who honored strike rules pointed out, many of those who went fi-core are wealthy.
Still, it’s not for the BoD of the Writers Guild to determine the emotional and cognitive states of those who went fi-core and those who did not. The facts would have been enough for the members to decide our own actions and perceptions. Worry when an organization supplies the psychological and motivational details about everyone on any side of any issue. When a group proports to understand that much about everyone, it probably doesn’t understand much about anyone.
It amazes me that so many seem surprised and/or disappointed by Verone’s black list letter. He is simply showing his and David Young’s true colors and they have been there all along…in words and deeds and tee shirts.
Is there no one who agrees with the guild’s actions? I don’t, granted, but this is a seriously one-sided conversation. Art Eisenson was the only commenter who could say they were even partially right.
If this really is reflective of the membership’s views, how could the leadership misjudged the public sentiment so badly?
That letter was sick.
Why would the President of the WGAw participate in a not so subtle act of collusion?
I think this can be looked at from two perspectives:
A: It’s a no-class, even wrong move to punish one’s own. B: Leadership has the right to, and must, punish disloyal members, else there are no consequences for disloyalty.
I’m curious why some deem it acceptable for Guild Writers to publically remonstrate against Guild Leadership during the strike, but find it unacceptable when Guild Leaders publicly castigate Guild Writers who quit during the strike.
Reminds me of the Attenborough-Forbes movie, “The Angry Silence,” where a worker who refuses to strike is “sent to Coventry” — ostracized and given the silent treatment — and beaten up. Sad to see this attitude resurrected in the WGA.
Is anyone organizing a letter of condemnation of Verrone’s remarks which we could sign?
Travis:
It’s a question of power and representation.
A government must aim to represent all of its members. However, a government also has power over its members.
Members have no such reciprocal powers or responsibilities.
Here’s what my leadership can do to me if it so chooses. It can require me to stop working, whether I agree or not. It can limit the kind of credit I receive. It can fine me. It can accuse me of misdeeds and put me on trial.
I can’t fine my leadership, I can’t stop them from working, I can’t put them on trial…
But I can criticize.
When leadership takes an action, it rightfully opens itself up for praise or criticism. In this case, just about every WGAw member I know is critical of what our leadership has done here.
Then, of course, there’s the small matter of whether or not the action leadership took was legal, but I’ll leave that to the lawyers.
And, of course, we all know how crucial it was to the AMPTP that soap operas continue to be produced. Must’ve extended the strike by a month at least.
“Leadership has the right to, and must, punish disloyal members, else there are no consequences for disloyalty.”
Why would leadership in a Union have the right to punish any members for something like disloyalty (and who says opting for FiCore status is an act of disloyalty)?
I’m also pretty sure that the Courts have ruled that Unions can’t have policies that are discriminatory toward those who opt for FiCore status. A policy of naming some names (the identities of those who went FiCore prior to and since the strike are still protected and kept secret) and outright saying that only those people who opted for FiCore status between November, 2007 and mid-February, 2008 should be held at arm’s length, etc. would seem to be the very definition of a discriminatory policy.
I personally don’t mind so much the idea of releasing the names of any writer who has opted for FiCore status just as an informational exercise. I don’t agree with the attempt to blacklist them and keep them from working (as this email very nakedly attempts), and I don’t agree with the idea of protecting some FiCore non-members while outing others.
Thank you to everyone who participates in the Artful Writer site. As a writer on the cusp of big changes, projects, and decisions in my own work, I turn here often for insight. Lately, I’ve been particularly interested in learning more about the WGA because I qualified to join a while back. Aside from a few personal writer colleagues and friends, I owe many of you for great help you’ve given me.
The release of and comments on the email outing some writers who went fi-core during the strike as less than . . . well, less than the union leader who wrote the email, I guess, let me see this: not joining months ago when I first became eligible was no loss for me and joining in the future is not going to do me any good. I can’t see the need for a writer like myself, with my specific work type and load.
I believe in unions for all kinds of working people, but only when the union leadership itself isn’t corrupt and self-interested. I’ve seen plenty of unions where, in some pig-headed, arrogant mania to salvage the job of a lousy worker or their own pride and power rush, the union leaders pushed the credibility and dignity of good people in the membership under a bus.
Unions can do plenty of good, and I know that for many the WGA is a tremendous help. But, for many, it’s really useless and unnecessary. I’m in the group that this union would not serve well. Not being a union member hasn’t stopped me writing or getting paid for that writing. I don’t think it’s even diminished that ability. Maybe that’s not accurate, but if it feels that sure to me, who am I to knock it?
It sounds from much of what I’m reading here that this union isn’t serving any of it’s members well or with sense and decency.
I wish everyone luck and advise you to always look down the road for the next bus.
I can’t find the guild’s letter anything but despicable. I can’t figure out the rationale behind doing it. Perhaps because there isn’t one. It was completely unnecessary.
Verrone not only listed the names but encouraged members to make pariahs of them. The vernacular was personal “keep them at arms length.” Encouraging recipients to distribute the email made it that much worse. It is a campaign of hate.
This is an individual whom cannot stand being disagreed with and is vindictive and petty. This letter not only effects the persons listed, but their families as well.
The decision they made was hard enough and couldn’t have been an easy choice. It comes at a certain cost. But that wasn’t enough for Verrone. He really just wants these people to suffer.
Maybe writing for Muppets makes you bitter, although they always seemed pretty jolly and good natured to me… I can only hope the backlash from this hate letter is his undoing.
Verrone did not “shut down production and kick corporate ass.” But he did sucker punch 28 writers who exercised a right provided to them by their guild. Maybe an unpopular choice, but it is still a choice, and theirs to make. And they should be allowed to make it in privacy without fear of a scathing public reprimand riddled with insults and slurs.
Very simple reason for the letter…distraction.
Of course, I think it was another miscalculation on the leadership’s part. Though perhaps a debate about whether or not it was a good idea to “out” the fi-core writers is better than a debate about the strike, negotiations and ultimate deal.
They want you all to talk about the guys that broke the rules and not about how they completely mismanaged the negotiations over the last year or so (including the misguided use of the strike tactic).
Standard political hack operating procedure really. Keep the membership focused on the silly issues…keep them fragmented and perhaps they wont notice how bad their leadership really is.
By the way, I think someone should mention that these fi-core writers never went public, as far as I know and, therefore, deserve the benefit of the doubt. Going public like Ridley did is one thing. But clearly they were either trying to protest in silence or had personal/financial reasons. They weren’t necessarily trying to harm the WGA’s efforts or its members.
For those who wonder why the daytime soaps writers would go Fi-Core, the reason is one word: age.
Those of you world-beaters in your 20s and 30s have no clue what’s going to happen to you, but about the time you hit maybe 42-45, when you’ve actually observed enough life to have a clue about why people do what they do (so you become an ace with “character motivation”), and you’ve done what you do long enough to finally be good enough to get it right by the third draft, all of a sudden, you’re “too old”. And if you have been working in a particular genre (like daytime soaps) for 15-20 years (like most of them have), you are unemployable for more than age – you’re stuck in that rut. There aren’t any other alternatives. After 20 years as a writer, you are not going to fill that hole in your resume with unverifiable b.s. of the sort that would give you a shot at a “real” job paying even half what you made as a writer. And when you’re in your 40s and 50s, you’re busy sending the offspring to college, helping them get started in life, worrying about whether you will have enough to cover you till the day they plant you when you finally retire, etc.
In other words, life catches up with you.
And the folks who run those shows know there are 500 others out there who will be happy to replace you if you decide to give them grief about something like a strike.
Until you have been in that spot, don’t pass any moral judgements on anybody.
I didn’t find all this out as a daytime soaps writer, but having a company you have worked for as a “creative executive” (writer, senior writer, supervising producer, producer, etc.) disappear under you feet when you’re 50 is a traumatizing experience.
Poor Patric – just when he had me convinced he wasn’t a failed 1937 Trotskyite in a bad suit, he comes along and reinforces my belief that my first impressions of people are most often right. No wonder I never voted for him or the rest of the apparatchiki.
Craig, in the grand scheme of things, why does this matter?
The SOAP writers who went fi-core were assholes, the guild leaders were assholes for saying what amounts to “ban them”, and what?
Why does anyone care.
People who care about injustice and try to do something about it are people. Good people. And they feel a responsibility to speak up for people who have been wronged. People who don’t care are, well, “Malcolms.” Or personal injury attorneys that advertise on buses. Or sociopaths. Or Dick Cheney. Or drunk drivers, or let’s say, um assholes.
If someone ever does something vicious to you I hope that there is someone in your life that cares. But I don’t think it’s going to be tcinla.
Good luck with that whole apathy thing. Hope it’s working out for you.
That’s a rhetorical question, right, Malcolm? You have more than a dozen answers above you.
For me, it starts with the individual’s right to take an unpopular stand and dissent from the majority, even in a guild. Especially when that right is legal and incorporated into the WGA’s own rules.
Verrone has no justification, moral or legal, for showing his teeth like this and trying to turn the rest of us into a mindless pack to ostracize or savage WGA members who broke no rules. That’s nasty and cruel and unfair and a whopping abuse of Verrone’s power to intimidate. He’s suddenly revealed himself in a way I never thought possible. That’s a big part of why I care, anyway.
Craig, thank you for including my earlier comments in this column. I am thrilled to see that the majority opinion is that this email was not an appropriate action for our leadership to take.
What bothers me more than anything is that the list is almost all daytime drama writers. That should be a clue to anyone that their circumstances were different than other striking writers. Aside from the fact that the networks were telling them that they would be hiring scabs the minute the strike started, and that no jobs would be waiting for them after the strike, these writers were expected to remain loyal to a union that has consistently turned its back on them, and to zealously support a strike that did not have a single issue for their benefit on the table.
Daytime writers want to be part of this union, but they want to have their voices heard, which is all any of us want (or we wouldn’t be hanging out on message boards and blogs). Last fall, a daytime writer ran for the Board of Directors, but because she was not part of Patric Verrone’s hand-picked slate, she did not have a shot of winning. Remember, our founding fathers didn’t turn on their king because of taxation…it was the “without representation” part that did it.
Soap writers crank out 30-60 pages of new material per day, every day. There is a written draft in prose form, called the story draft, then a script. Since the beginning of the genre, writers got paid a story fee and a script fee. Considering the story has to fit into a sustained arc over months, with continuity going back decades, there is a huge difference between the story draft and the script. And yet, several years back, the networks simply decided to stop paying for the story draft. Period. That’s it – no more pay for that considerable amount of work.
Their argument was that story was already in the script and they shouldn’t have to pay for the same thing twice. The writers immediately came to their union to get someone to demand their fair compensation. To date, it is my understanding, and the understanding of the soap opera writers with whom I’ve spoken about this issue, that the WGA has done absolutely nothing about this. Their employers unilaterally cut their pay by 30-50% and their union did nothing. Zip. Nada. Zilch.
And these are the people we are supposed to “hold at arm’s length” for not striking?
Loyalty is a two-way street. You cannot betray someone over and over, then demand loyalty at a later date. Having a bully pulpit that lets you publicly shame people for being disloyal, without giving them any voice to express their side, does not make you right.
In the words of the Reverend Shaw Moore (as written by Dean Pitchford and spoken by John Lithgow): “Look to yourselves for judgment, people. Look to yourselves.”
I’m trying to understand the letter. I’m even trying to like it, to see it as an appropriate way to keep the guild together, to not let things slip away now that a goal has been reached. A necessary evil.
I just can’t. It disgusts me.
The guild leadership has made mistakes before, the guild leadership will make mistakes in the future. But this letter represents everything I DON’T want the guild to be and to stand for.
It’s weird. Now that so much has been done and accomplished, I suddenly feel miles and miles and miles away from what I fought for at the studio gates.
Call me dramatic, but it saddens me. It really does.
Valerie Alexander, I think they pay them for the story drafts. You can check the minimums agreement. Apart from that, the HW gets a weekly aggregate also.
These people are loaded unless, of course, they don’t know how to deal with money.
In future, every time I start to think, “We need more impassioned leaders in our nation,” I will stop and reread that letter, and remind myself why we don’t.
I sent a respectful but forceful email to Patric Verrone and every member of the WGA Board last week to express my strong objection to the letter. I think it’s interesting that, to date, I have only heard back from one Board member. So much for an open exchange of views between the membership and their elected officials.
Has anyone else heard from members of our Board since the letter went out?
Lee
Janice -
People who were systematically denied the benefits of union protection were told to walk off jobs that they had no reason to believe they would be able to return to in support of a pattern of demands that included absolutely no consideration for their particular issues or financial well being. I can only say that I am grateful not to have been in their shoes, and am sorry that the leadership they trusted to represent them put them in that position, then felt the need to kick them while they were down. It’s nauseating, in the truest sense of the word.
By the way – does anyone know if David Young went without pay for those 100 days? Just curious.
I apologize if the above comment appears twice. My attempts to edit prior to posting did not go smoothly.
Lee, I’ve spoken with a couple of Board members who seemed completely blindsided by the letter. There was an anonymous vote a month or so ago to authorize the release of the names of these people, but there was no discussion of a letter or of a communication with this kind of tone.
The members I spoke with were startled. I think everyone is startled.
To be honest with you, when I got to the word “puny,” I was 80% sure that someone was just screwing with me, and that it was all a joke from the Onion or something.
Alas.
That would be highly irregular if he had. As the E.D., David is the only contracted employee of the WGAw. In order to go without payment, he would have to renegotiate the contract itself, but if he did, it seems just as likely that the money would have been deferred to post-strike, rather than simply given away.
Regardless of what I might think about the job he’s done or how he handled himself during the strike…what with the “laying back” and watching all the “havoc he wreaked”…I don’t think he ought to be begrudged his salary. He probably worked harder for those 100 days than he ever has in his life.
I begrudge him future employment as our E.D. because I think we can and must do a lot better than David Young, but if ya shows up, ya gets paid.
Dear Janice, I find it strange that writers were always accusing crews and other writers of fiscal mismanagement if they were under strain during the strike. Many crew members live paycheck to paycheck. And many writers are far from “loaded” even if they work regularly. The head writer of a hit Nickelodeon show often makes the same salary as a story editor of a network primetime series. And often that head writer came from primetime and had to make a huge adjustment. And the script fees are lower. I only know 2 soap writers, and they are definitely not loaded. They do alright, but they don’t come anywhere near the 30-100k per episode of a network writer/producer with like title.
But it is hardly relevant. There is absolutely no excuse for the letter that was sent out by WGA leadership. It was malicious, for the sake of being malicious. And the timing of it is further insanity. The writers that went FiCore were not performing an act of malice. It may not be a decision that you agree with, and that is your right. But it was their right to make that decision and to make it without being publicly hung,drawn and quartered by under-performing, petty guild leaders.
Dear Valerie, I was already pretty upset by the letter, but it was Lee Goldberg’s and your well written comments and insights on DHD that really got me outraged and impassioned about the injustice of it. So, thank you, in a weird way. I was happily surprised and relieved to see that most writers shared your sentiments, after all the back-biting and cruel anonymous sniping I had read in the comments on that site during the strike.
Has anyone considered that this letter was an oblique threat to SAG members as they enter their negotiations? The leaders of SAG and WGA have been joined at the hip for a long time…this seems like SAG via Patric/WGA giving a little demonstration to the SAG rank and file about how members who don’t support the party line can be blacklisted.
And if that is the case, it is another example of Patric and David’s gangster tactics. Neither of them belong in leadership roles of this guild.
AMPTP Stooge –
There’s not much point in talking about how the negotiation was mismanaged, because the one aspect that was perfectly managed is the one members care about most. That aspect is, of course, the members themselves. Daily picket duty gave members a feeling of participation in the negotiations, that each of our individual actions were instrumental in getting this deal … and there’s nothing like the pride of authorship to blind the objective eye.
The fact that we were picketing in support of leadership’s position that writers in the film and television industry do not deserve screen credit and residuals as standard minimum terms of employment … doesn’t matter.
The fact that leadership blew up negotiations that could have ended the walkout in December in an attempt to get Reality television covered under the MBA, even though the reality employees we’ve been trying to organize don’t perform writing services that can be covered under the MBA … doesn’t matter.
The fact that even after the Board asked the membership to vote for a strike in support of the pattern of demands, Guild negotiators continued to make concessions and compromises to management — including giving up the demand for an increase in DVD residuals, one that many members consider strike-worthy — and then, in a bait-and-switch maneuver that is expressly prohibited by the constitution and has never happened before in the entire history of the Guild, the Board called a strike anyway, in support of different pattern of demands then members thought was on the table … doesn’t matter.
The fact that, on the first day of negotiations, the Guild did not insist that the AMPTP identify one or the other of their proposals as their initial proposal, while reminding the AMPTP that the economic rollbacks in the comprehensive proposal were so severe, the law would require the studios to open their books to justify simply asking for those cuts … doesn’t matter.
The fact that leadership turned the words “producer’s gross” into an issue for the membership, and then announced that we got rid of “producer’s gross” as if it were some kind of meaningful victory (even though the most cursory examination of the actual terms for internet reuse reveals that, hey, not only are all the formulas calculated as a percentage of “producer’s gross,” the download sales formula is calculated as a percentage for 20% of “producer’s gross,” exposing the entire “no ‘producer’s gross’!” crusade as a bit of language tomfoolery worthy of the neo-con doublespeak think tank that gave us the “death tax” campaign) … doesn’t matter.
The fact that the Guild called for a strike vote before agreement had been reached on even a single point, demonstrating a thorough lack of understanding of how to effectively use a strike threat as a tactic in negotiations … doesn’t matter.
The fact that the Guild foisted the responsibility for negotiating our deal onto the DGA and then, after the DGA did just that, blasted the deal publicly as “bad,” got a superficial change in the language, got rid of the sunset provision that would have ensured that we are not stuck with these terms forever, and then announced that the deal was the best ever in the whole history of labor or somesuch … doesn’t matter.
The fact that our Chief Negotiator did not know that we’ve had a favored nations clause on VHS/DVDs for more than twenty years, that rolls over automatically into each new contract, and so wasted time and effort with the CEOs trying to get a new, entirely superfluous favored nations clause on DVD, which was rejected (at least this bit of utter incompetence occurred in informal talks, rather than in formal session, where management’s rejection of his proposed favored nations clause on DVDs — and his agreement to that rejection — would have become part of the bargaining history) … anyway, yeah, doesn’t matter.
What matter is, members got to march around in front of studio gates carrying picket signs, and since every time members showed up in front of studio gates, other members did, too, and the Guild had signs waiting … like I said: the pickets and rallies and the membership were all perfectly managed, and since that’s what the negotiation was to members, then the negotiation was well-managed.
What we were fighting for, the strategy that directed the fight, what we actually won … doesn’t matter.
Oh, maybe at some point, people will reassess the deal, and recognize its shortcomings … but since writers will always prefer a good story over facts, the blame will be put on the 28 writers (out of 10,000) that went fi-core, or the non-existent “Dirty 30″ (NegComm head and Board member John Bowman, who introduced that term to Guild lexicon, has confirmed that it was apocryphal only). And there’s also the members who were openly critical of how the Guild was conducting the negotiation — we all know how much effect that had on anything.
And if eating our own doesn’t satisfy, then there’s always the DGA, who’ve already been pre-scapegoated, and, of course, the studios.
And don’t think I’m fooling myself, by the way — this post doesn’t matter, either.
-Ted
With all due respect to John Ireland, you could have read all of Patric’s e-mails over the past year and this last one would still have been a head scratcher.
There’s good reason to believe the issue was driven by WGA East and perhaps it was fellow signee Michael Winship who drafted the letter, though Patric obviously approved it.
You know what the problem with that emai is? It just wasn’t practical. I get why they wanted to do it, but Goddamn, we’re just coming out of a strike. We spent a LOT of money and lost a LOT of money over the last six months. Opening us up to lawsuits was a stupid gamble.
A gamble de la muerte’!
When is the next Board and Prez election?
“Ted for Prez… because it DOES matter.”
I’d wear that t-shirt.
OK, let’s get this straight: when the strike hit, we get this grim-as-death blue pamphlet that sets forth in no-nonsense terms how and why we are not to write a single word, assigned or spec. In fact, the blue sheets urge us to fulfill our duties of solidarity and betray any fellow member who does violate these rules. Harsh punishments were threatened, not the least of which was eternal banishment.
What should I read in yesterdays Hollywood Reporter but a quelling, triumphant herald of a spec script sale, and I quote
“The scribes, who have been working steadily on assignments since selling their first spec, “National Security,” in 2002, went out with a pitch titled “Zookeeper” in the fall. It didn’t sell at first; on the eve of the writers strike, no studio was ready to spend significantly on development, so the pair wrote the script on spec during and after the strike.”
Senor Verrone decries fi-core members as beneath our contempt and scorn and yet, yet, what should I see but a casual, offhanded boast that a multi million dollar sale was created during the strike, in apparent breach of WGA dictum.
I miss something?
Nice post, Ted. Thanks for taking the time to write it.
I don’t think that’s actually correct. There was a voluntary effort to avoid spec writing during the strike, but the Guild doesn’t control how you spend your free time writing, nor can it.
The Guild has jurisdiction over writing you do as an employee as well as over the sale of literary material. Many screenwriters, including myself, signed the “pencils down” ad to let the AMPTP know that we would voluntarily not work on spec material during the strike, but that wasn’t a mandatory thing.
Ted wrote:
“I can’t help but wonder: Why doesn’t the list include the names of everyone who went fi-core before leadership announced the strike was over? They no more shared in our adversity than those listed. But I guess leadership has no problem with them sharing in the victory of our new deal. True, a couple of them are high-profile, award-winning writer-directors-producers, but I can’t imagine that has anything to do with it.”
Ted, can you elaborate on this? Are you saying there are specific people who went fi-core during the strike whose names were excluded on that email?
What if we worked on a spec during the strike but didn’t finish it?
Clifford Odebt –
I presume the list is inclusive of everyone who went fi-core during the work stoppage. But one of the things the prexies said in their e-mail was this:
“They did not share in our adversity; they should not share in our victory.”
Everyone who was fi-core during that period “did not share in our adversity” … including the people who’d gone fi-core before our adversity.
But its only the ones who went fi-core during our adversity that the prexies don’t want sharing in our victory.
And since “our victory” must include the terms we won in the new contract — I mean, if we didn’t have a new contract, we wouldn’t have a victory, right? — that means, its coolio for Guild members to share our contract with some fi-core writers, but not others.
It’s not a list of fi-core writers who “did not share in our adversity,” and its also not a list of “strikebreakers,” either. At least one of the people on the list never crossed a picket line or worked for a struck employer, and its entirely possible that one or more of the unlisted fi-core writers did.
You know, for some reason, I keep thinking of the Lord High Executioner’s song from The Mikado …
-Ted
Craig
A closer reading o’ the mice type in the 11/2/07 blast o’ warnings from our fearless leaders does, in fact, reveal that no, they did not, as it were, specifically prohibit, nor forbid working on a spec, no matter how congested, dense and mannerist the aforesaid letter’s style may or could have been.
Thanks for clearing that up.
Now, where did I read that a staged reading of “Animal Farm” is planned for the exec. committee’s entertainment?
Wow. Where to begin? WGA members who elect financial core have the legal right to do so. Whether or not a member’s decision to go financial core is/was strike-related isn’t relevant. It’s a decision every member, for any reason, at any given time, has the right to make. Maybe those who opted for financial core during the strike didn’t support it to begin with? Maybe they voted ‘no’ to the strike vote? Maybe they didn’t agree with how the WGA leadership was handling the strike? That said, “maybes” are irrelevant. Fi-core members exercised a right (a legal one at that); since when does that constitute being branded with a scarlet letter? Or, letters – F&C. It doesn’t. I think, perhaps, Patric Verrone and Michael Winship had too much time on their hands post-strike. I will not be surprised if they now have one or more civil lawsuits on their hands.
It’s one thing to list, as a matter of record, those members who have Fi-Core status. (Of course, if it’s just a matter of record, you’d want to list all such members, not any one particular group.)
It’s an entirely different matter to advocate that a particular set of Fi-Core members be ostracized or denied opportunities for employment. Whatever one thinks of Fi-Core, it’s a legally-defined, legally valid option. The penalty for going Fi-Core is losing one’s right to participate in union direction. By trying to make this set of Fi-Core members outcasts, Verrone and Winship have precipitated a backlash that may end up making a lot of WGA members look at Fi-Core as a viable option rather than a second-class form of membership.
Beyond that practical consideration, it was also a mean, petty, vindictive act. If the letter had to be sent, it should have been in a tone of “Wow, look how few members went Fi-Core! We sure maintained incredible solidarity if only a couple dozen people out of ten thousand chose that option!” That might have pricked the consciences of the targets of the letter without explicitly attacking them.
This episode does make one wonder whether people who don’t vote to authorize a strike, or vote against the Board’s endorsed position on other matters, or (horrors!) vote against Board members for re-election, may end up seeing their names published on a list of “Enemies of the Guild.”
Ted – Probably not…but I’m sure you do more than just post on this website. Your conversations, etc…the cumulative effect does matter.
Anyway, lots of healing to do. And there simply cannot be another strike in 3 years…so the stakes are high.
Since I posted here last, I have heard from three board members, two of whom said (as Craig reported) that they were blindsided by the letter. They had voted to release the names of the fi-core writers, but had no idea members would be told they had to scorn them. I am hoping that there will be a clarification and/or apology to the members following the next board meeting.
Lee
Lee:
I do know that a discussion of this letter is on the agenda for Monday’s Board meeting in the west.
Let’s see what comes of it.
As someone whose family was directly affected by the Hollywood blacklist of the 50′s, I generally feel the term is thrown around a bit too cavalierly. However, Craig’s opinion that the sentiments behind the Fi-Core outing email are “born of the same human frailties that led to the blacklists of the 50’s,” mirrors my own on the subject.
The discussion brings to mind an incident in which my aunt Frances took my uncle Ring to task for refusing to shun Budd Schulberg during a chance encounter, years after their friendship ended on opposite sides of the committee hearings. “I don’t believe in blacklisting,” he said.
Neither do I.
Donal Lardner Ward
A reminder to new visitors–you may criticize the substance of anything I or any other commenters write, but when you attack the people themselves or behave in an otherwise uncivil manner, I’ll just delete the whole comment…particularly when the poor manners are directed at my other guests.
Intrigued by sallymae’s point that these members had the right (legal, moral, none of our business) to go fi-core for whatever reason, but the idea that they may have gone fi-core because they disagreed with how our leadership handled the strike hadn’t occurred to me. Certainly people have the right to vote with their feet as well as their ballots. Perhaps they’ll be criticized by those who disagree with them (that’s the price of omission), but an official shaming from the leadership of the WGA is appalling.
Hey Craig, great post and I totally agree it was a BS move on Verrone’s part. I’m not a writer (yet!) but if he’d done that in my industry (food service) HE’S the one who would’ve been blacklisted. Let the backlash-backlash begin.
Also I wanted to congratulate you on getting Goodie Two Shoes going so soon after Superhero Movie. I know the latter didn’t exactly live up to expectations, but as Hancock will soon prove, superhero comedies ARE viable and I’m confident your film will take off on video. And I’m really looking forward to Goodie Two Shoes. All those Superbad type movies were just DYING to be spoofed! Can’t wait!
Darius:
Your prank is cruel, sir.
In my opinion, this was really a mistake on the part of the leadership. I believe the most valuable loyalty is that which is freely given. One’s most valuable allies are the ones who truly trust in you — not the ones who come dragged to the table with doubt in their hearts.
In this strike, for some the choice was between providing a stable home for one’s family or following leaders of an unknown quantity in a move that might jeopardize one’s ability to feed/house their loved ones.
Now that leadership and the union membership have proven their strength, those who went fi-core might soon have felt a change in heart and gained seniority over their doubts. Sadly, this maneuver on the part of leadership practically guarantees that change in heart and trust won’t happen.
True leaders would rather have at their backs supporters whose loyalty is sincere, not lackeys browbeaten into submission.
What a shame.
So… anything come of it?
“With malice toward none; with charity for all; with firmness in the right… let us strive… to bind up the nation’s wounds [for] a just and lasting peace.”
Of course, it wasn’t a professional writer who came up with that.
Ronson:
From what I’ve heard, I wouldn’t be holding your breath for a retraction or apology…
Well, the mark of the truly petty is when their pettiness is exposed, they dig in their heels and become even more petty in their behavior. Messrs. Verrone and Winship have done a great favor to their members by revealing something very significant about their respective characters.
You know, back just before the last strike 20 years ago, I got in the Guild. The truth is, it screwed my career in ways that cannot be described in general discussion and I never really recovered the momentum I had going in. The people I was working with said “Why don’t you go Fi-Core?” I said “No, I’m standing with the union.” With 20-20 hindsight, that was a Dumb Decision.
Every year when I get my membership renewal, I think about that day back in 1988, andI think about the outrage du jour committed in the previous 12 months by the morons du jour and I think “This is the year I tell these halfwits to go do what Dick Cheney told Patrick Leahy, a sitting US Senator, to do on the floor of the Senate.” And then I don’t do it.
I remember back then, I thought the greatest moment of my career as a writer had arrived. 100,000 wannabes arrive every year wanting to be screenwriters, and (back then) about 500 a year got in, and – damn! – I beat the odds and joined the organization that included my then friends (and mentors) the late Wendell Mayes and Billy Wilder. What a freakin’ privilege! I was officially a member of the Union of Wizards and Magicians.
Not quite.
I’ve made some great friendships with folks I consider Great Writers and they’re all Great People. None of them have any influence in the union, which appears to be run by those whose existence proves that not every member of the Union of Wizards and Magicians is a wizard or a magician. We sit around and scratch our head about this or that inanity from the idiots and know that these morons are going to have a (usually negative) effect on our lives. And it hasn’t changed in 20 years. From administration to administration, the only differenmce is the shade of brown.
I think when that envelope arrives this year, there’s a serious chance my decision will finally go otherwise.
Seth MacFarlane, creator of Family Guy on FOX, sealed an overall deal with 20th Century Fox TV that could be worth more than $100 million making him the highest paid TV writer/producer. Under the terms of the new deal, which reportedly took two and a half years to negotiate, Seth will remain at 20th TV through 2012. So far the deal includes Seth’s continued work on Family Guy and his two other animated series for 20th TV and Fox, American Dad! and the Family Guy spinoff The Cleveland Show. The agreement includes new media associated with Seth’s TV series in addition to the DVD and merchandising revenue.
Seth was so militant and anti-corporation during the strike. I wonder if this deal means more or less for the “working writer.” You know…there being only so much money to go around. I just don’t get why writers can be greedy, etc. but corporations can’t be?
Seth’s not being greedy. Because, regardless of what the media congloms maintain, regardless of what a combination of work-made-for-hire law and a poorly-recorded judgment in Santa Clara County v. Southern Pacific Railroad Company (1866) says, and even regardless of what the president of the Writers Guild of America, West, tells students in USC Screenwriting classes … corporations cannot and do not create intellectual property.
Only natural persons can do that.
And that’s what natural person Seth MacFarlane has done. Oh, sure, Fox financed the production of the property itself, and for that, the conglom is absolutely entitled to a share of the revenue generated by the exploitation of the copyright in his work. But all of it? That’s the default position of the work-made-for-hire law: the economic contribution to the creation of a work of authorship is the only contribution that is of any value; what the actual author brings to the table is worth bupkis.
And that’s bullshit.
Congloms should have to come to authors with hat-in-hand to share in the revenue generated by the copyright in the authors’ work, not the other way around. The headline here shouldn’t be, Look At the Great Deal Seth MacFarlane Got with Fox.
It should be, Look the Great Deal Fox Got with Seth.
The congloms have established such a high standard for “greedy” — basically, all the money in the world belongs to them, and any money anyone else has is an oversight that must be corrected — its absurd to try to apply that label to anyone else.
Well I think when you talk about hundreds of millions of dollars…greed is automatically attached. I’m not about to go all Gecko here, but I think that’s sometimes ok. So I really wasn’t smearing him. I think the whole exercise is a bit silly in the tv/film world in this era. Really it was the people before you that took the real brunt of it…now you are all pretty well represented in terms of union and personal lawyer/agent/manager (and frankly I think 90% of WGA members must have an attorney).
Good for Family Guy guy. He should get every penny he can.
I just wonder why he isn’t considered “management.” This guy has people working for him. His wealth is earned in part on their backs. He’s different from an executive because he “created” (given that his shows are animated, episodic television series…this is an interesting concept) what he manages and wears shorts to work?
Also, why does “creation” have more value than “capital?” I can make a strong argument that getting someone to invest millions of dollars into an “idea” is a lot more unique of a skill (talent? asset? this includes completely unqualified people that for some reason or another find themselves in a position to greenlight projects) than coming up with an idea. Of course it can be way more complicated than that…Seth obviously contributes loads more than just an idea. Then again, his skill set is pretty unique.
I also think that if one is talking about “morality,” then I could argue that giving one person 100M over a 4 year period has much less of a societal benefit than giving a corporation whatever it makes off that person’s property over the same period. A corporation that employs thousands and that has…you know I don’t even know how many shareholders a major corporation has. I guess Seth will invest the money. That’s good. I’m sure he’s a charitable guy. Maybe it’s a wash.
My point isn’t that he’s not worth it…my point is…what’s the bleeping difference? That’s a hell of a lot of money.
Citing cases!? Ted, your killing me over here. I’m like a pseudo-lawyer. Unfair.
I don’t think there’s a moral issue with MacFarlane negotiating for whatever he can get even though he was militant during the strike. But I gotta say, I remember him saying that it would be a “dick move” for Fox to finish and broadcast the Family Guy episodes he had partially completed during the strike. And I’m pretty sure that Fox went ahead and finished post on them and broadcast them. So, if he really thought that was a “dick move” and wanted to take a stand , he could have put his money where his mouth is, he could have passed on the $100 million and refused to do any more work for Fox, leaving them with an enormous franchise that would probably collapse without his talent. Which as a precedent would probably do something to prevent these sorts of ‘dick moves’ in the future, thus increasing WGA leverage in the next negotiation rounds. And it’s not like he’d be unemployed– I’m sure he could get a rich deal at any other studio.
I’m not saying he should have done this, but, again, if he really thought it was such a dick move, he could have. Which just underscores how much bluster there was in general during the strike, and how odd it is for everything to be back to normal.
The old saying is, “Life is a shit sandwich: the more bread you got, the less shit you got to eat.” The corollary is, of course, “A deal is a shit sandwich: you can swallow almost any amount of shit if there’s enough bread with it.”
Maybe the $100 million includes a premium to make up for the Fox execs being dicks.
If one takes the “dick move” metaphor beyond its logical conclusion, I imagine that $100 million is the ultimate box of flavored condoms, making dealing with dicks more palatable.
The MacFarlane deal is a win-win for writers overall, since animation has been one of the few sunny spots for tv scribes since the Simpsons. It keeps the sun shining for writers working on several current shows, and it signals the studios confidence for future shows.
However, it’s just more of the same dull grind for working artists. These shows offer very little potential for creative advancement, save for directing the animation. I personally avoid drawing for these, as they are mind-numbingly tedious productions for anyone who struggles to retain their creative identity. In a nutshell, I’m certain working for Walt Disney himself was more inspiring.
Can someone in television please pay 100 million dollars to a cartoonist who actually enjoys what he draws. Bring back the real cartoonists!
I gotta address this again. The artist sells his rights. The fact is…the rights were worth exactly what the artist got at the time of the deal. Otherwise, said artist would get more (or perhaps less). The artist is not forced to sell or transfer the copyright. The artist choses. Now, when you move from “idea” or “script” to a full fledged movie or tv series…this concept of that artist being the creator gets muddled. Does Seth McFarlane by God’s anointment (or the law’s anointment) own the copyright in and to each and every show? Should he but for giving it away to the company? I don’t think so. Film and TV (especially the latter and especially animated series…see comment 63) is a collaborative effort. The “conglom” has to pay all the people that provide services in furtherance of the TV series or movie. Actors, writers, directors, perhaps cartoonists, executives, marketing, legal…all “create” or are factors in the success of the production. So to say it keeps “ALL” is silly. Not to mention that a studio has losses from other endeavors that weren’t as successful (or successful at all) as FAMILY GUY and it’s entire business model is structured around 1 success paying for 20 failures.
Point is…stop with the God gave man copyright and only man may hold such copyright. If you don’t want to sell your creation to a studio…DONT!
In his capacity as a producer-employee, he is considered management (see the 1978 Supreme Court decision in American Broadcasting Cos. v. Writers Guild) (heh). But in his a capacity as a writer-employee or an actor-employee, he’s labor.
That a single individual can work for a single employer as both a management-employee and a labor-employee (and, so, union member) at the same time seems to be unique to the entertainment industry.
No, they work for Fox; they work under MacFarlane, but only for however long Fox continues to employ MacFarlane over them. That’s a circumstance that could change, at either Fox’s or MacFarlane’s discretion.
And a big part of the impetus for Fox to make this deal is that they don’t want that to change … because if it did, it would mean that MacFarlane would be creating, and overseeing the creation of, intellectual property for one Fox’s competitors in the copyright exploitation industry.
He’s not different from an executive because he “created” what he manages.
He’s a creator because he created a piece of intellectual property, identified as Family Guy. It’s a specific type of intellectual property, a work of authorship, subject to copyright (as opposed to intellectual property that is an invention (a device or a process) that is subject to patent law). Among the rights — the authorial rights — included under copyright are:
The right to exhibit or perform the work publicly (performance rights), the right to make copies of the work and distribute them to the public (publication rights), and the right to create new works of authorship derived from the original work. That last includes such things as film rights and sequel rights.
Little known fact: every episode of a television episode after the pilot is a sequel to the pilot script, and the pilot episode itself is new work in the medium of film derived from the pilot script. If a ProdCo does not control the film rights and sequel rights in a pilot script, guess what? They can’t produce a television series that uses the characters, relationships, situations, etc. that were created in the pilot script.
No matter how much money they’ve raised.
Oh, sure, they could use that money to produce a different television series … but that just means they’d be dealing with a different creator. The circumstances would otherwise be identical: without the authorial rights in the creator’s work of authorship, all they have is a big pile of cash.
Thing is, though: Work-made-for-hire law assigns those rights preemptively to the employer — here, Fox. If not for work-made-for-hire law, then Fox would have to negotiate with MacFarlane for those rights, above any fee, salary or wages Fox has already agreed to pay simply for the dude to work as a “manager” for Fox exclusively.
No one seems to think J.K. Rowling is somehow out of line or greedy or taking work away from other writers when she makes a huge deal for the rights to use the intellectual property she created in a series of motion pictures. Rather, they look at the value of the property, and go, “Yeah, she created those characters, situations, relationships, etc, she deserves that.” (Oh, someone may think Warner Bros (or any other party) is stupid for paying her that much, but, there, the onus is put on the buyer, rather than the seller. Caveat Emptor and all that).
Creation results in a piece of property that can be exploited to generate revenue. Raising capital results in a big pile of cash. Try exhibiting a big pile of cash on television or in a movie theater, or streaming a balance sheet over the internet. See how much revenue you generate.
You mean, an idea like, there’s a lot of money in Nigeria, and if you put up a little of your money to get it out of Nigeria, you’ll get a lot back? Sure, getting someone to invest in that is a unique skill.
But if you intend to actually return some money on an investment, then you’d better have more than idea. You’d better have some property, property can either be developed and leased or sold (real property), or property that can be produced, published and otherwise exploited (intellectual property).
Real property is, of course, a limited resource. All the real property that can exist already exists; all that can be done is to develop (or further develop or re-develop) it.
Because intellectual property is created, it is an unlimited resource. But in order to own some, the first thing that must happen is .. someone must create it.
-Ted
“Creation results in a piece of property that can be exploited to generate revenue. Raising capital results in a big pile of cash. Try exhibiting a big pile of cash on television or in a movie theater, or streaming a balance sheet over the internet. See how much revenue you generate.”
Not so fast.
Creation results in a script. Capital results in a pile of cash that enables the recruitment of the artists that in turn will breath life into the project. See if your crew and actors will work for your wonderful creation for free.
I guess when all around the boards people were saying “Put your script through a projector, let’s see how audience will like it” was a phrase that really hit a nerve for you and now you’re trying to use it to your benefit.
It’s pretty transparent.
Just because you’re articulate doesn’t make you right. Your post still sound arrogant.
Intellectual property also encompasses creations that don’t have copyright or patent protection — for example, the secret formula for Coca-Cola or the eleven herbs and spices that make up the Colonel’s special recipe. Smart businesspeople can exploit these weaker forms of intellectual property to create brands that have real equity and financial value.
And in most industries, items of intellectual property that an employee creates in the course of his normal duties for his employer belong to that employer. Work-for-hire is hardly unique to the filmed entertainment industry, and outside of that industry, employees understand that if they wish to create intellectual property whose ownership they can retain and whose economic value they can exploit for their own benefit, they need to do it outside the context of the work-for-hire relationship.
I’ll bet if, when J.K. Rowling was a suicidally-depressed, destitute single mother in Edinburgh, she’d happened to have shared her idea for Harry Potter and the Philosopher’s Stone with someone who agreed to pay her fifty thousand pounds in a lump sum to write it and turn over the rights to him in perpetuity, she’d have been happy for the windfall. The programmers at the small software company that wrote the DOS operating system, which Bill Gates shrewdly acquired for a lump sum and then licensed to IBM, didn’t share in the massive flood of profit that Microsoft generated, yet they are as much the creators of innovative and unique concepts as is J.K. Rowling.
My point is that when a worker agrees that the product of his labor will belong to his employer, whether that product is assembled widgets or sitcom scripts, he’s made a conscious choice to trade the right of future economic exploitation of that product for present wages. If the worker is able to join with his fellow workers to create leverage, or if his work product is so phenomenally valuable that he has leverage in his own right, then he can negotiate with the employer to share in the future income from that work product. In traditional labor, that’s usually a share of profit after costs are covered; residuals, like sales commissions, represent the worker’s extra leverage in obtaining a share of revenue that’s payable even if costs equal or exceed the total revenue (break-even or loss), in that the business agrees to insulate the worker from the risks associated with cost of operations because it recognizes that it depends on the worker’s unique and exceptional skills.
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Ted –
Stuart and Josh definitely made my points for me.
For all of your points, it’s a little bit of a chicken or the egg type thing. But for the creation…we’d have no content. But for the money…your creation would go unseen.
For what I was trying to say…distinction without a difference. And really MacFarlane calls the shots. FOX may pay the bills as employer at MacFarlane’s direction, but, Ted, you wont deny that he is THE MAN in terms of the direction of his shows…at this point in his career. What if he took $80M and gave $20M to his staff of writers? Where is his sense of morality and fair play now? I guess that only applies to the studio and writer relationship and not the show creator/runner and writer relationship. And never lose sight that no 1 writer could write a TV series…nor animate it. His $100M is absolutely a direct result of these other writers/animators work. Maybe you’d argue that he “deserves” more because he is the original creator on which all those derivative works are based. Fine…but then I get to argue that the studio’s “deserve” more because they provide capital and means of distribution. Something more scarce than a script.
Why don’t you try this: Ted Elliot…One Night Only! Come to the Arclight Theater and watch and listen to Ted Elliot read his script, NATIONAL TREASURE 3. See how much revenue YOU generate.
Creation of a script results in the need to spend lots of money to maybe possibly generate revenue. However, a big pile of cash does actually in and of itself generate more piles of cash (whether you exhibit the pile of cash or not). It’s called investing. And as many wise men have said before me about this business, the companies would probably be better of investing the money in stocks than scripts…guaranteed return on investment thing.
Ted, I know this. But you fail to answer the question: why can’t a writer sell all these rights before they mature? How many projects fail? Why isn’t it “fair” that a writer decide to cash out instead of share the risk? It’s not like Steven Speilberg needs financing partners to get his movie to the screen, but he simply choses that in exchange for some distribution rights and licensing rights that he will unburden himself with some of the financial risk. This is a man that can dictate any terms as much as any writer or executive…and he still choses to pre-sell certain rights in and to his films. It’s simply a choice. And a wise one.
I also have an issue with “derivative works.” IT’S ALL DERIVATIVE! It’s all been done. You all copy each other because there only so many damn stories in the world. So each individual episode of FAMILY GUY to me is it’s own work. The fact that it’s based on something is meaningless to me. I know that’s not the law, but we are talking about how the law can and can’t be fair sometimes, right. Well I think this concept is unfair and silly. Take NATIONAL TREASURE 2. I mean it’s as much derivative of the first movie as it is of DAVINCI CODE.
I bet you and most writers in private equally are tortured over the conflict between copyright and fair use.
Last, the script is but one piece of the creation puzzle. A movie and a tv show have so many “creators” that it’s tough to really say one guy is THE creator. That is kind of a fiction of copyright law too isn’t it? Why does every Bruckhemier movie have a signature look and rhythm to it? How much does he contribute “creatively?” I mean how many writers “create” a movie script, even? How many rewrites? There’s even a board in the WGA that awards “created by” credits, right? If it flows so naturally, why do you need a board of people “deeming” some individual(s) the writer(s)?
It’s all BS fiction, Ted. Neither side has the moral high ground…not this day and age. Not with writers getting $100M.