Pulling Teeth

I’m quite sure the WGA still has the strength to negotiate. In fact, what I’m hearing from my pal on the negcom is that the AMPTP seems pissed and frustrated at how much strength the WGA has to negotiate. They want us to take their shitty deal and go home. Too fucking bad.

Craig, have you attended any of these guild meetings? Are you going tomorrow night?

You know, in an odd way this reminds me of the Cuban Missile Crisis when Kruschev sent two letters to the White House. One leaving a door open to a resolution, and another threatening nuclear war.

The advice to the president was essentially: Ignore the bad letter. Respond to the letter that gives us hope.

Maybe the WGA should simply ignore Counter’s postering about this decision being final and the confusing re-definition of DVD and downloads, and respond to the fact that the offer for internet downloads just went from zero to .3 percent.

Like Craig said, there’s a number. And it’s between .3 and 2.5

I totally agree that there are grounds for a strike. Everyone should prepare, everyone should be ready.

But before you actually put on the red shirts and pick up the picket signs, would it be such a terrible thing to pass Counter a note that says “How about 1.9?”

If you get a note back that says “I said .3”, then hit the bricks.

But maybe you’ll get one back that says “.4”

So pass another note.

I don’t know…am I stupid and naive?

Craig,

Are you sure the Guild hasn’t budged on the “Moon Industries” issues? I’m asking because I really don’t know. Didn’t they submit a “streamlined” proposal?

What, specifically, did that entail?

Were all of the non-essential issues still in there?

If so, I’d be a little disappointed. However, given that the AMPTP’s proposals were still full of far greater bullshit, I’m still siding with my Guild on this one….

.3% hidden in a bunch of horrible rhetoric. Why not just say .3%, your turn? Why not break it down simply like Craig has?

Why is it so difficult for organizations to be egoless? Their purpose is to be efficient and orderly. That’s why we have them, to avoid the frustrations of human ego.

Damn. My ego hurts.

Wow, I got my comment in one minute before the deadline!

No more writing now.

Except for this post.

Crap.

Good luck guys -

You can contact me if you want another man on the lines.

I think I’m off tomorrow.

I’m having a drink…

anyone else having a drink?

I’m having a drink.

Contract Cap’n:

I’ve been to meetings. I once hosted a meeting. I know about the meetings.

Now, please, tell me about our strength! Once we strike…what else can we do? Blow them up? Burn them down?

Cap’n, that’s the only bullet we have. What strength beyond “Walking out” do you imagine we have? Perhaps you’re confusing rhetoric with strength, or resolve with strength, or consistency with strength, or aggression with strength.

None of those are actual indications of strength.

I wish I could be there tomorrow night, but I’ll be shooting until at least 11 PM, if not later.

THE SKY IS FALLING!!! THE SKY IS FALLING!!! AGGGH!!!

Agreed with the point that, yes, a “strike is a failure.” I really hope that after the dust settles and the nastiness of a full picket-line strike sets in with all the attendant bad feelings, venom and pain, that - for those who chose posturing and straw men over sensibility - the realization that they are just that, failures, clings to them like:

A. napalm B. Saran C. a monk’s hair shirt D. Megan Fox’s longing gaze (okay, scratch that last one)

I miss writing already - but hey, isn’t November National Novel Writing Month!?!

There’s always the bright side…

The DGA will settle by December. And this will all be for naught. Just you watch.

I should’ve asked this before posting my last comment, but am I wrong to believe that our pour DVD resids model was perpetrated by the DGA and by doing this they undermined our ‘88 strike effort?

Craig, we have strength because we have the key to the creative vault. My show tied for 1st place last week with another scripted show. The shows are cash cows and re-use powerhouses. These are the shows they trot out for shareholders whenever they want to brag about their bottom line. (Y’know, those meetings where they rail on about how entertainment is their most profitable division.) The minute the writers walk, production folds. Actors go home, everyone bails. I won’t underestimate the moguls’ financial strength for a long strike. But I know they do NOT want to lose the cash cows; they do not want audiences to lose a taste for them either. Without being cocky, I’d say one mustn’t underestimate how much strength our cards have. A strike would be painful for me, I support a family of four and I have my own fears. But sometimes you have to take a risk because it’s the right thing to do. Simple as that. Besides, God is a writer.

There is no way to avoid this. It’s like dealing with the mafia. There is no nice, no level headed strategy. They want us to go away. Thus the rollbacks. They only understand strength and pain. Sad but true. They planned to come in and rattle us - start with rollbacks, then roll up slightly on the rollbacks and that’s it. We’re done in. They are surprised at our strength and resistance, and it’s extremely vexing to them. Time to strike now and hurt them in tv, frustrate them in features, as everyone on their side was sure we’d wait to June to go out with SAG. And time to court the DGA and discuss our combined strengths so what they close on helps us too. I say this as currently unemployed and waiting to close a deal. But happy to stand united and say without us, the houses of cards you build that become movies would never exist and thus no big fat paychecks for anyone.

So what’s the deal with writing for a non-struck-company (which I guess would be a non-sig) during a strike? I’m wondering because, the more potential buyers, the more bargaining power (i.e. strength).

Maestro — Ask the guild about your individual situation. They will make interm deals with non-signatories during the strike if a situation presents itself as a good strategic move for them. But you must go through the guild to protect yourself.

Just to let you guys know, the BBC here in the UK is reporting a fair summary of the dispute (unlike, it seems, your own trades!), that the dispute boils down mainly to use for new media. One soundbite from the BBC News report you might like: “Writers are paid a fraction of the salary of those who say their lines”.

From Ken Levine:

“And is it just me, or don’t writers who feverishly try to finish and turn in their drafts right before the deadline undermine the WGA’s cause? If Paul Haggis DIDN’T turn in the latest installment of the James Bond series, the studio might have a tad more incentive to make a deal, don’tcha think??

“Meanwhile, other writers turned in multiple variations of scripts so the studios would have flexibility filming them. That to me is unconscionable. These are the screenwriters who stand to benefit from DVD and other delivery system royalties. All the rest of us are giving up work to fight for them and they turn in multiple drafts to accommodate the studios?? No wonder the producers think we’re idiots.

And thank you to actors like Vince Vaughn, who since he isn’t in the WGA, finds nothing morally wrong with agreeing to polish scripts during a strike. The fact that we go out on strike to craft a deal that will be the template for the SAG deal so HE won’t have to go out on strike apparently means nothing to him.”

Poor Paul Haggis. Poor Vince Vaughn.

I love Ken Levine!

Time for a sexist remark -

If you’d had two post-menopausal women negotiating instead of two testosterone-fueled men, this would have been settled ages ago. ;-)

I agree that the current situation is both unfortunate and completely avoidable. It is truly a shame that we have wound up in this situation.

I don’t know that either side is working from a position of extreme strength - although the AMPTP pretty much holds the cards when it comes to the dollars.

Unless something drastic happens in the next couple of days, it looks like we’re in for a strike at least until the end of this year. Once the picket lines go up, I wouldn’t expect talks to resume for at least a month if not more.

The show I’m on can continue for a couple of weeks or so, and then we’ll have to shut down due to lack of scripts. And I don’t know what happens when we go on location and the trucks need to leave the backlot. I only hope that the contribution of the Teamsters may make this a shorter strike than it would appear to be on first glance.

Commentators-

I think we should spill some ink on the Variety boards. McNary’s account of why the negotiations ended is just inaccurate, regardless of your view on strike or WGA leadership.

This is why we’re in Iraq. This is why our society is a mess. This is why writers write about conflict. We’re a bunch of freakin’ drama queens.

The real reason for this strike is actually an old one… We wouldn’t have a strike if the guild insisted that our contract was up at the same time as the Actors and directors… then we would have strength. No don’t go off saying “Hey, we wanted that but the alliance wouldn’t agree.” If there was a real threat of a strike last time, they would have given in ultimately. They wouldn’t have been able to justify that the sticking point was when the contract was up. So we made our own bed and now we must lie in it. After all, we sister/brother guilds are all looking for the same things — the same issues… Together the alliance would have to negotiate… But with our weak union stance on the contract dates, we are now headed for 6-9 months of strike. D.

Just finished reading these depressing posts. I hope you all drowned yourself in a pot of liquor last night. Craig hit the nail on the head once again. A strike is, indeed, a failure of leadership. Hold them accountable.

Craig, couldn’t have said it better.

“The writers guild has two weapons: one is a strike, the other is the threat of a strike. It has no reason to toss that weapon away without using it for a bit,” Handel said. So…leadership means get your ass back to the table and close the doors and pound out a deal that membership can swallow. Sure, the internet issue is the future. We all agree on that. But collective bargaining means both sides walk away with something and save face.

Craig -

My sentiments as well. Sadly, one could watch it coming months off. This car wreck and the poor choices on both sides that caused it unfolded in slow motion. (a writer wrote that) I hope it turns out equitably, but I’m not holding my breath. I can’t hold my breath that long.

CRAIG/ TED or whoever with insight -

I write mid-level movies, not giant blockbusters, character-y stuff. Not big residual earners, right? Maybe one will get lucky and break out in my career and that will be the lottery on top of the lottery of just getting to do what I love for a living.

It’s hard for me to see why it is worth giving potentially 5-plus months of my life to (which I’m lucky, I can afford) if it is unlikely to RESULT in anything. What was gained in the 88 strike? All I hear is that is was a stale mate.

In principal I agree writers should have a larger slice of the pie they create the recipe for, but if multi-national corps that are our employers are never going to share it - not with talks, not with a strike, never - how would YOU negotiate for it? How do you think you could be more EFFECTIVE?

I mostly hear cirtcism, but I never hear solutions. How do you think you would handle it and get better results?

Completely dead-on, Craig. People should read your post twice before commenting. This war didn’t have to take place, but here we are. I just want to add one thing. Guild members genuinely care about one another and about future writers. I saw that in the ‘80’s. If the fight is about something they truly believe in, like in ‘88, they’ll sacrifice forever. If it’s about something else, they won’t stay out long, as in ‘85. Let’s just drop the reality organizing and the DVD home video fight (which would only apply to new films and shows anyhow), and focus on the internet and streaming. We can all relate to that and fight like hell for it. A few weeks into a strike, if reality and DVD rates are still on the table, I think a lot of writers will begin to have misgivings, and then you have a mess, ala ‘85. Keep it simple, clear, and compelling.

Another WGA Writer:

I think the companies are willing to grant a better-than-DVD rate on internet.

So I disagree with your premise.

I’ll be happy to outline my “what I would have done differently” strategy at some point, but it would be a bit gauche right now.

I’m going to speak from the sidelines here. While I’m not a writer, I am one of the millions of fans who keep a close eye on ratings, demos and production progress of my favorite shows. Being a part of several huge forums, I can tell you this strike has a great deal of the no-named masses concerned. No, our jobs aren’t on the line. No, we aren’t trying to fight the “Big Bad Powers That Be” for residuals that are our bread and butter during the dry times. But, a lot of us out there get it. We get what the WGA wants. And believe me when I tell you that after a few hundred threads of compiling articles and scraps of info on this strike, we are all hoping for a compromise soon.

Honestly, I wish Craig here could be on the negotiating committee, because he is the first one in the Biz that I’ve read that seems to have any common sense and rationality. Why can’t they find the “magic” number between .3 and 2.5? If you blame your leadership for screwing the proverbial pooch with this deal, why not scream about it at your meeting tonight? I know for a fact the fans (yes all of us out here using that dreaded and much bitched about Internet medium) are screaming for a compromise soon. Believe it or not, we care about your jobs. Most of us know how many people it takes to put our favorite shows together, and we want to continue to enjoy, you know, you guys doing you jobs!

Now here comes the part where I say what I would want if I were in the WGA. I’d be scared shitless that if a strike affected those “cash cow” shows being on the air, what would happen if the audience didn’t come back? If it were MY show that was brand-new, just scraping out its niche in the ratings, this strike would have me cowering in a corner sucking my thumb and a bottle of Patron! No shows, no audience – no audience, no shows…no jobs. And we as fans might be compelled to gather up out TV season DVD sets and hope on the net to download some much needed entertainment.

So, c’mon. Let’s try to find that magic middle number! Don’t like what your leaders are doing? Tell them at your WGA meetings! The lowly fans are counting on you!

If reality takes over, I’m moving to a remote island were that Survivor can’t find me!

The problem, as I see it, is that the AMPTP has a bad business model.

The idea that you can pay one actor $25+ million dollars, plus backend. Put him in any old crappy story. Market the hell out of it. And the audience will come. Is a bad business plan. (and yes, I know my punctuation is horrendous there)

That DVDs hold up the studios bad practice is not anyone’s fault but their own.

What should have been done was keep DVD rates the same. Negotiate a better new media rate. And then the studios could figure a better business model to deal with whatever shortfalls would come their way as a result of the new media rate.

I’m a SAG member and (was) hoping to shortly join the WGA. I guess I’m tabling that for now…For those of us who aren’t getting WGA emails, can someone comment on how we can help? I’m willing to walk a picket line, I just don’t have a strike captain.

Hopefully communication is not cut off between the WGA and AMPTP. What would be a benefit to both sides is some back door off the table discussions. Maybe through those an idea of the magical number for DVD residuals and the new media residuals can be found. They bring that to the table officially, and everything else falls into place. You just hope that any unofficial talks don’t lead into anything that might be considered corrupt or one sided.

Don’t worry, producers! You can always put more reality shows on to wait out the strike.

Does this mean I’m not allowed to attend free screenings given by struck companies in search of my WGA Awards vote?

There’s some lasagna in my freezer I stole from a craft services table provided by a signatory. Am I allowed to eat it during the strike?

I’ve heard one person on the other side speculate that talks could be attempted over the weekend with a strike called on Monday, while others have stated that the bomb could drop as early as tonight.

Feels like Friday is “pencils down” day that will last the end of the year and beyond, but I wish it weren’t.

What would the strategic advantage be of waiting until Monday to strike? Strike or no strike, negotiations can continue over the weekend, and though like a lot of people here I have qualms about the Negotiating Committee’s overall bargaining approach, at this juncture I can’t see what delaying a strike gets us strategically.

There’s been speculation in the trades and other sources that if the Guild strikes immediately, it confirms we were “hellbent” all along and there have been claims it will create “bad p.r.” with those who need production to survive. Like I said, these aren’t my thoughts… because it’s pretty clear we’re past concerns about perception at this point. We’re the new “300.”

I do know that some fractions within the DGA are irked, grumbling that we hadn’t been keeping them in the loop per se.

Aren’t some shows like DANCING WITH THE STARS under the WGA umbrella?

Hey #40 -

Calling a strike right away means there’s no place else to go. Delaying the strike to allow some more time to get past this DVD = Internet issue means the strike is still leverage … something to be avoided. My gut: we should set a date certain for a strike (late next week?) and ask WGA to put a makable deal on the table - something AMPTP can say yes to.

Aren’t some shows like DANCING WITH THE STARS under the WGA umbrella?

Studios are still getting huge amounts of new scripts - and the networks are getting new episodes as we speak. Giving them even three days means they have time to polish and incorporate notes - and have even more episodes ready to go. A close friend of mine on an ABC show said they’ll have one more episode to shoot, as long as the strike is delayed until Monday. I think any delay at this point helps the other side. McNary (sp?), with all of his slanted Variety pieces, writes about how striking immediately is a PR disaster. But, owing to the fact that the conglomerates own every media outlet, we’re going to get killed in the media no matter what. The only way this will ever be a short strike is if it hurts and hurts quickly - quickly enough that networks may even have to start paying back advertising revenue. At this point, every day gives them more time to get entrenched.

Does anyone like Ted know whether the Guild is willing to move on the demand that DVD royalities be literally doubled?

I would think the producers might agree to some sort of incremental increase to avoid a walkout, but maybe not… with two other unions waiting in the wings.

Thanks, former moderate. The Variety coverage isn’t likely to win any awards.

Late night programming has been repeatedly cited as the first line to fall, with Comedy Central also announcing that both the Daily Show and Colbert will immediately go into repeats. With the exception of “South Park,” does anyone seriously watch anything else on that glorified public access channel?

For what it’s worth, a few of the local news broadcasts are already reporting us as “on strike.”

I couldn’t sleep a wink last night. The halloween party consisted of little kids running around having fun and their freaked out parents checking their phones for strike rumors. I work as a crew member on a big TV show that doesn’t have any extra scripts. Today I could be on my last day of work for months and months. Here’s what I think about the inevitable strike, and I wish someone would raise their hand at the meeting tonight and read them aloud. 1. The last strike gave the studios the opportunity to learn how to make content without writers. This one will increase that knowledge. 2. The studios have an endless supply of greed, evil, and cynicism, much more than most of us have cash to live on. 3. If Counter runs an ad in the NY Times tomorrow asking for “scripts” for all of the hot shows, they will probably receive about 12,000 “scripts” the first week, coincidentally the same number of writers who will be holding up little signs. 4. The studios set up the WGA to be beaten up for six months so as to “soften up” the SAG and DGA negotiations. 5. When the WGA strikes, they will instantly lose the moral high ground, and everyone, sooner or later will blame them for their troubles. The studios will make hay out of this. I really don’t know what I’ll do. Try to find a show that’s “strike-proof?” While I can understand the passions, (we have a strike captain on our show) I don’t see how anyone will win anything. I read a post where it was stated STRIKE TO THE DEATH. Did they really mean “dead” as in not breathing, “dead”? I hope someone would read the concerns of a crew person at tonight’s meeting. It will be difficult to speak for continued negotiation when there are hundreds of fists in the air, and all that bold shouting. I’ve been in the business 30 years, and this is most afraid I’ve ever been. God help us all.

Someone should read Julius Ford’s statement aloud tonight. Two thirds of our Guild has never been through a strike before… and it shows.

Julius, I think everyone is truly concerned about the ripple effect of the strike. Rank and file writer are middle-class people.

But your comment boils down to this:

You can’t fight city hall.

And maybe you’re right. But if you honestly think writers are being treated unfairly, then maybe it’s time to consider what would happen if everyone like yourself took a stand with the WGA, instead of worried about what will happen if you leave them to strike without your support.

Strike To The Death is being bantered because writers, like you, recognize what they’re up against. They are risking being bullied into irrelevance.

And if you think that 12,000 scripts by amateur writers are the same as the 12,000 scripts from the professional writers in this guild, I suggest you become a script reader for a production company, or go onto American Zoetrope or Triggerstreet and see just how you’ve undervalued this talent is. Great writing looks easy. It isn’t.

Do that, and maybe you’ll realize you’re buying the same crap that’s forcing writers to strike.

20 Rational man - I second your suggestion we spill some ink on Variety’s comments pages. There is a dire need for it.

I put “scripts” in quotes because I realize they would terrible. But I’m thinking of the photo op. Counter at a table with “scripts” 5 deep around him. Remember Nixon with the piles of binders around him during Watergate. It’s all about the spin. And it’s spun.

Julius, the public already thinks writing is easy, so I’m not sure it would matter.

But that doesn’t give the studios very many scripts they could actually use. And that does matter.

Jimmy, I certainly hope so. While you slave and sweat to write well, and I slave long hours to record sound well, and all of us are working long and hard hours on our tradecraft, Counter & Co. work hard to fuck us all over. I mean, that’s ALL they do. And then we have to try to defend our trade and our lives while still working. They don’t have those “distractions.”

I think the guild is in a good position for a strike. You see, this is a new media strike. The film side of things is a flick of the ear to the studios. It’s television where things are really tender. From where I sit, all the major networks are now owned by conglomerates who also happen to control most of the major studios. And these networks are bleeding share points at an alarming rate. Most viewers under the age of 30 have infinite alternatives to reruns and reality shows if the guild strikes. And many of them will never return to the boob tube once they’re lured away. Why else would NBC be putting so much into Hulu? They’re trying to make up for lost time as they feel the pinch of Facebook, YouTube, Revver, AskANinja, etc. There is a revolution underway that is forever changing the landscape and if writers don’t firmly place their markers down on compensation, then they will rue that day they signed on the bottom line. Yes, many of the high wage earners will feel the pinch most, but it is truly an investment that will likely pay the most dividends for those that come after.

Be selfish now and ruin it for the rest, many of whom are in high school right now.

My two cents…

Julius, I agree.

But I also don’t think it’s correct to make villians of all of them. Studios and networks are partners in this industry. They burden the financial risk, and therefore should reap most of the rewards.

No one is asking them to be poor so writers can be rich. And no one is saying that even on a bad day, being a writer isn’t one of the best jobs in the world.

But a line must be drawn in the sand when unfair practices skew the balance between labor and management, and one is clearly taking advantage of the other.

The distractions we have as labor come with the territory. But the future of our craft is at stake. And maybe even the future of yours.

From Les Moonves: “We have a full slate of new, first-run programming ready to go, both now and midseason. We’re fully prepared to offer alternative programming options, and we would anticipate no material impact on the company for the remainder of the television season.”

Guess there’s also a chance those un-aired “Viva Laughlin” episodes might get one more shot.

Julius, I poste this somewhere else, but I wanted you to read it. You don’t have to agree with me, but, at least, consider it.

“I want to make a point about the greater implications of this potential strike. Things have been going against the middle-class for many years now. Less health-coverage, less “real” pay, and a bigger workload.

Believe it or not that applies to writers. I work eighty to ninety hours a week and I don’t make a hell of a lot of money. That’s right. Most writers in Los Angeles are middle-class writers. And just like other middle-class workers, union or not, we’re expected to do more for less pay. I’m not comparing my job to yours in other ways other than my relationship to my employer. They want a bigger and bigger piece of the pie and they want us to shoulder more and more of the financial risk.

Well, finally we’re going to stand up for ourselves. The actors would have had to do it. The directors would have had to do it. The electrical workers would have had to do it. So, we’re doing it first. If we win, it’ll benefit everyone. If we lose, it’ll hurts us terribly and the other unions may not follow suit because we lost.

I wish I knew the intricate details of the recent auto strike to get a feel for who “won” or whether, in the end, it was a reasonable compromise. But I don’t know enough about the specifics to comment. In general, though, from the health care settlement, it does appear that it was all about shifting more and more financial risk onto the individual and having less liabilities for an employer. I’m not saying we should put all the liabilities on the employers, but there should be a balance.

I believe that’s what the teamsters and SAG understand and that’s why they support the WGAw. I have no idea why the DGA doesn’t understand this.

But that’s what this strike, should there be one, is about. Holding the line on some kind of balance.

What else would Moonves say, right?

“We’re actually kind of scared. Thank god it’s football season.”

God bless the Teamsters.

New statement from one James Hoffa:

http://www.teamster.org/07news/nr0711014.asp

“The future of our craft is at stake.”? No it’s not.

Apologies if that link isn’t working right. I’m not very good at this stuff. Suffice to say, Teamsters boss Jim Hoffa has issued a big statement of support for the WGA.

“No, it’s not.”

Okay, maybe you’re right. But the future of the WGA sure seems to be.

Some of these shows might have enough episodes in the can but I seriously doubt the one hour dramas do.

For example, the wedding scenes between Calista Flockhart and Rob Lowe’s characters on Brothers & Sisters was postponed last week because of the wildfires. That episode airs later this month.

No way in hell they have enough episodes for the rest of the season.

I’d assume most of the hour long shows are in the same boat.

On the other hand, the sitcoms probably have plenty of scripts ready.

I thought Jimmy Hoffa was dead.

Jimmy Hoffa is dead. His son, Jim Hoffa, is alive and well and runs the teamsters.

First, Jimmy Hoffa, Jr.

Second, half hour/multi camera is screwed. Most of that writing happens after the table read as characters get changed according to who is playing them.

I know one of the hit shows is behind on scripts. I know two others that have only outlines today, no script. The idea of stockpiled television scripts seems fishy to me.

Holy crap, Dom, if you ain’t got no sense of humor now imagine what the world will be like in week 16 on the picket line.

Apologies Anonymous. There are so many of you, it can be hard to tell who is kidding and who just don’t know….

Brian: The dead one was James Riddle Hoffa. The son is James Phillip Hoffa. He doesn’t go by Jr as his middle name is different. Just like the NFL coaching Jim Moras.

But if you really want to get pedantic - and don’t we all - you could pull me up on the elder one being dead. He’s officially missing.

From Ari Gold via HuffPost via Nikki Finke:

Writers’ Strike: Is Political Posturing About to Trump Good Economics?

I’m about to get myself in a lot of trouble. So be it… Listening to both sides in the looming writers’ strike, it’s clear to me that politics is about to trump sound economics. Neither the Writers Guild nor the Alliance of Motion Picture and Television Producers is looking at the issue properly.

If you look at the amount of money that was at issue during the last writers’ strike in 1988, I bet it was less than the amount the strike ended up costing all concerned. And I believe that will be the case this time around, too.

Expecting movie studios and television networks to change with the times is not asking too much. New technologies have dramatically altered Hollywood’s economic landscape, but the AMPTP is still clinging to a revenue model that was created back in the days of Lew Wasserman and Abe Lastfogel - and was, as I understand it, adopted from the record business (you remember records, don’t you?). The movie business took the formula used for calculating record royalties and basically transferred it to the sale of videotapes (you remember videotapes, don’t you?). What’s more, the current royalty formula for DVDs factors in the cost of manufacturing (today’s electronic DVDs and web downloads, of course, cost absolutely nothing to “manufacture”). Clearly, the media world has gone through a major evolution since Lew and Abe, and it’s time for its business practices to follow suit.

On the other hand, what the representatives of the Writers Guild have to remember is that all union contract negotiations are to set minimums, and that the effect of the change in residuals from DVDs and New Media they are seeking will not rise to the level of revenue they are asking for - or what the strike is going to cost the Guild’s active members. Once again, the eventual cost of a strike will exceed the financial gain being sought.

Going on strike to lose more than you gain is not smart negotiating.

Both sides should also keep in mind that TV ratings have fallen significantly over the last few years, and the movie box office hasn’t been all that great either.

But, who knows, maybe clearer heads will prevail - and sound economics will supersede political posturing. Let’s hope so, not only for the sake of the writers, the studios, and the networks but for the millions of people in the community who will be hurt by a strike, including below-the-line workers and all those who aren’t in show business but whose livelihood is dependent on a Hollywood that is up and running.

November 1, 2007 End of Day Statement from AMPTP President Nick Counter:

Due to overriding business reasons, no further progress can be made because of the WGA’s continuing efforts to substantially increase the DVD formula. We are ready to meet at any time and remain committed to reaching a fair and reasonable deal that keeps the industry working, but the DVD issue is a roadblock to these negotiations.

From an article in the Hollywood Reporter today (11/1/07)

“Miller Tabak + Co. analyst David Joyce said News Corp. “should be least affected due to their broadcasting business model requiring fewer network hours and relying on ‘American Idol’ in January, which does not need writing.”

How ‘bout that…AI does not need writing! That’s right, the wordsmith formerly known as Seacrest opens his mouth and genius flows. Not missing a beat he improvises sparkling segueys and snappy one-liners with the ease of a Kobe Bryant circus shot. And of course Randy, Simon, and Paula spontaneously rattle off sound byte ready commentary. Yes, American Idol has no writing and if any of the judges ever got sick, they could replace them with Santa Claus, the Sand Man, and the Easter Bunny.

Hey-Anony-nonny-nah

I better not see any comments on here from this point on from Los Angeles writers until the WGA meeting is over. If you can’t bother to get to a meeting, how are you going to stand in a picket line for months?

Really great comments from everyone. I guess that’s a by product of reading a site that caters to writers.

“AI does not need writing! That’s right, the wordsmith formerly known as Seacrest opens his mouth and genius flows… And of course Randy, Simon, and Paula spontaneously rattle off sound byte ready commentary.” As someone who works on the show I can assure you there are no writers. The ‘script’ is written by the producers and Ryan actually does fine tune a lot of what he says. Nothing the ‘judges’ say is scripted. (And I can’t imagine that would come as a surprise to anyone who watches the show. They’re not exactly quoting Nietzsche.)

I think getting jurisdiction over reality shows is a non-starter for the WGA. Frankly it insults what writers do to include those shows in the same category.

I sympathize with what the WGA is trying to get but I hope it’s not the proverbial cutting off the nose syndrome.

Craig wrote this back in July: “First, Guild members earned 905.8 million dollars in 2006 (under Guild contracts, of course). That’s down 1.5% from 2005, but still up quite a bit from 2004, when we earned 869.2 million.”

However egregious the home entertainment formula may be, a lot of people are still making a good living as writers. I hope that whatever is gained by the strike isn’t at the expense of what the writers already had.

“As someone who works on the show I can assure you there are no writers. The �script� is written by the producers and Ryan actually does fine tune a lot of what he says. Nothing the �judges� say is scripted. (And I can�t imagine that would come as a surprise to anyone who watches the show.”

So you admit there is a script…that IS writing. Just because they don’t have staff with the title of “writer” doesn’t give them a free pass to call in non scripted and for the article in the HR to say it “doesn’t need writing.” And therin lies the problems and why AI like other reality shows should be covered by a Guild contract. They can call them Producers, or Segment Producers, or Associate Producers, or Craft Services for all that matters, it’s still writing. And this “wink wink” bullshit is denying a lot of writers from earning what they should earn. And if you do in fact work on AI you must know that there is more than just show language being written. There is also creative/comedy material that is being written as well. The WGA should definately go after reality shows, especially American Idol, that do in fact…and documented here by someone who says they work on it…have WRITING. “A rose by any other name would still smell like Seacrest.

Peace out.

“The WGA should definately go after reality shows,”

Yeah… and double, no, triple the residules from DVD’s. And ponies! and Ice cream sundays!

If you actually do share my first and last name, why not add your middle initial into your posts to differentiate us.

In the meantime…

I’m wondering what happened at the WGA meeting tonight.

“So you admit there is a script… that IS writing.”

It’s certainly not writing in the sense they’re crafting a traditional story. Hell the scripts are written in a couple of hours the night before the shows. If there is any creativity it has to do with how they choreograph revealing the losers. In the case of AI it’s the exec producer who does that. Frankly if the show was done without a script I don’t think it would suffer much. People are watching the show to see people sing. They’re not tuning into to get a clinic in creative writing. It’s pretty clear the WGA’s main interest in getting jurisdiction over reality shows is to strengthen their hand in labor relations. I doubt if the WGA membership has any more admiration for what reality show writers do than SAG members had for SEG when they merged. Strategically it may be a good idea, but it seems a bit disingenuous to pretend that it’s the type of writing the WGA was founded on and meant to speak for. IMHO that’s why the idea hasn’t ‘stuck’ so far.

Any news on the western front? Somebody’s gotta be able to text what’s going on. Have they decided when to decide to make the decision? I thought I heard tomorrow afternoon for an announcement?

I assume the strike is on as of tonight?

http://latimesblogs.latimes.com/showtracker/strike_news/index.html

Looks like it’s a strike!

Went to the meeting. Strike will not be on until tomorrow - official meeting in the morning to call.

CRAIG & TED -

I have to say, having gone to the meeting tonight, I don’t think there’s anything else the neg comte can do once the amptp insists on DVD (which they have now made synon with new media) being solved before anything else can be discussed.

And they won’t neg on that fact. End of story.

So, on that, to quote you, strike to the end.

It was made clear at the meeting tonight that THE issue is NEW MEDIA. And everyone is pretty united for it.

Actually, the crowd felt united, but also very sober. Even more sober was the tenor of the neg comte.

Hope to see ya on the picket.

To echo one of the posts written above: all of us couch potatoes are certainly hoping for the WGA to benefit, in terms of ultimately getting a reasonable deal.

But perhaps Craig, or someone else here who has extensive Industry experience, can answer this question, for those of us who aren’t well-versed in the “shop talk” that takes place on these blogs…

Once the strike ends, what are the chances that Grey’s Anatomy, CSI, Lost, Heroes, Desperate Housewives, Brothers & Sisters, NCIS, and all of the other network cash cows, will NEVER return to production (ever again)?

Meaning — is it likely that these shows’ last first-run episodes that air in January (episodes that were “in the can,” pre-strike) will essentially end up becoming de facto SERIES FINALES for these popular programs?

This may seem like a naive or stupid question, but some of us are gullible enough that we’re becoming genuinely worried that our favorite shows — the ones which are in their second, third, fourth, and fifth seasons — will indeed become completely and fully extinct even in the aftermath of the strike.

Please, someone tell me I’m overreacting. whimpers Please…

Devoted,

MOONLIGHTING is a well-known example of a popular TV program getting fucked by the ‘88 strike. So I’d say all these shows, especially Grey’s and Heroes (with waning ratings), have a moderate to high potential of being shut down permanently.

HEROES:ORIGINS, a HEROES spin-off, has already been shut down.

Of course, it all depends on the duration of the strike. A week off is a minor blip, but 5 months…

LOST had an intentional 3 month break last season and supposedly lost a large percentage of its viewership…

We’ll see.

From Nick Counter via Nikki Finke:

“By the WGA leadership’s actions at the bargaining table, we are not surprised by tonight’s recommendation. We are ready to meet and are prepared to close this contract this weekend.”

How come things aren’t all about ME anymore?

LOST had an intentional 3 month break last season and supposedly lost a large percentage of its viewership�

Which was followed, months after its return, with a 3 year commitment from Disney/ABC.

How come things aren�t all about ME anymore?

Aren’t they?

Dave,

True.

3-16 episode seasons (or the equivalent of two). That’s it. No more.

Let me get this straight, you’re telling me that ABC pulling a quarter of LOST’s seasonal budget is a good thing? Is that what you’re telling me? You’re saying ABC would let LOST die if 18 mil people were still watching? Really?

There’s no way in hell. ABC’d ride that pony into the ground, eat it, shit it out, and air it for another 10 more years (look at CHEERS or FRIENDS or ER or NYPD BLUE or, prematurely, THE OFFICE – what are they doing to that show?).

LOST was hurt by its time off. That’s a statistical fact.

ABC saying 3 more seasons is like a doctor saying you have 3 more months. And although a miracle is still possible, all signs point to death.

SML,

That commitment is a negotiated result. Cuse and Lindelof had been pretty vocal that they had wanted a definitive end date for the series. They had been talking about a 5 season length, that would be, oh, 48 additional episodes.

Disney/ABC is paying for 48 episodes.

Where did they “pull the budget”?

Oh, and going with your Doctor metaphor, it’s much more like the patient asked to be put to death.

More like doctor-assisted suicide.

:)

And when did they ask for Kevorkian’s touch, my friend?

After they took three months off and found out they were terminal.

I remember Lindelof & Cuse talking well before the break about wanting a definitive series end date.

They didn’t want Lost to suffer the same weak ending as X-Files final seasons.

But let me give you the benefit here, and let’s say it is a response to declining numbers. Then it would have been to declines before the 3rd season break.

I am curious, whether ABC’s commitment is changed, now.

(regarding American Idol)”…but it seems a bit disingenuous to pretend that it’s the type of writing the WGA was founded on and meant to speak for.”

Well if you use that as an example of it NOT being writing then I’d ask you if the Judges and the Host are doing the kind of acting that SAG was founded on and meant to speak for. Writing is writing and American Idol should be covered by the WGA, just like they are covered by the DGA and SAG.

REGARDING ELECTRONIC SELL THROUGH/ NEW MEDIA:

I haven’t seen it covered at all anywhere, but I didn’t realize until last night, that producers have a clause that says they can use content for PROMOTIONAL USE FOR FREE.

Promotional use is defined in many self-serving ways, including going on to NBC.com, watching a FULL EPISODE of THE OFFICE, complete with COMMERCIALS (the companaies are already making money off of), and not paying the author of that script a cent. (Not a crappy .3, but LITERALLY ZERO). Because giving the show away for free is considered Promoting it.

As TV/ Internet become one (and other classic rev generating models disappear), writers lose so egregiously, how could one NOT go on strike? Really?

And this will be an issue that effects many (SAG, DGA), including all those in IATSE whose pension and health care is tied to our residuals. They should care.

I’m not a strike happy person, but I do think there are issues that are the seed of the future that will change everything and NOT to immediately fight those is way more of a losing battle than accepting a crappy deal.

Really, every 20 years the guild has to stand up for SOMETHING (that’s what previous guild members have done for us). This is THE ONE. It sucks, but it has to be done.

PS All the roll backs are still on the table - separated rights, credits, cuts to health/ pension, etc.

Craig,

You think there’s any truth to Nikki Finke’s suggestion that a lawyer closed deals for a bunch of his writers last night to semi-secretly work on studio projects during the stoppage?

This way they’re not technically going back and forth with a studio, but they’ll have something to hand in (and be compensated for) whenever an agreement does come to fruition.

Really, every 20 years the guild has to stand up for SOMETHING (that�s what previous guild members have done for us). This is THE ONE. It sucks, but it has to be done.

I think the concern is that the above is actually being parsed out as “EVERY 20 YEARS THE GUILD HAS TO STAND UP for something.”

Between them, the two sides have over 120 points on the table. That’s a massive amount of clutter when what we really need to get down to is internet. Why not table everything else until the next negotiation and focus purely on the big thing: internet residuals? If the committee did that, had one item on its list, then the nobody on either side could waste time on all this putting and pulling extraneous stuff off the table nonsense. Any time Counter comes out talking about one of his 56 points, the WGA could just come back and say “it’s about the internet — let’s keep the fight to one, massive world-changing issue at a time.”

Alternately, if other (smaller) issues do need to be resolved, couldn’t they have been cordoned off and hammered out on their own merits during the previous six months so that we’d be able to focus all our attention on the big issue now? Has there actually been any negotiating going on or any progress being made?

I think the reality is that every 20-30 years we forget just how shitty and useless the vast majority of wars actually are. WW2 was absolutely necessary, but it was also an anomaly.


Most wars are like WW1, but for the next 500 years our leaders will be constantly fooling themselves into thinking that they’re next incarnation of Churchill instead of the next incarnation of that mass of fumbling white dudes who stumbled into one of the most bloody and pointless conflicts ever.

Strikes are sometimes unavoidable, but I think with less posturing, more getting down to business, and more skill this wouldn’t have been one of those times.

There was an interesting comment on DHD:

“TV and film need to go the way of the music industry: Independent. Technology now affords cheap production and independent distribution. The guilds need to form their own production and distribution entities and create a New Entertainment Order. It’s just sitting there, waiting for them to do it.

I’m sure agents and producers are aware of this, but entire crews have been discussing the reality that they can produce and distribute the shows they’re working on by themselves. If necessity is the mother of invention, it just might be that the AMPTP and the agents are making it necessary for TV to go indie.”

Is it possible that this strike may lead to the downfall of the studio system? Are they necessary any more?

You think there’s any truth to Nikki Finke’s suggestion that a lawyer closed deals for a bunch of his writers last night to semi-secretly work on studio projects during the stoppage?

I know there’s truth to the suggestion that a number of feature deals closed just prior to the expiration of the 2004 MBA (and, in a number of cases, commencement fees were paid, too).

But I seriously doubt that the studios’ motive for doing so was in hopes some writers would do some work during the strike.

• Ted

SML,

I’m too young to remember Moonlighting (I stuck with ABC’s TGIF lineup as a kid), so I can’t speak to that particular situation. But after the ‘88 strike was resolved, didn’t a majority of the “heavy hitters” on the primetime network schedule eventually come back for full seasons (in the aftermath of the strike)?

I just have a hard time believing that the networks would give up the future ratings-draws and residual profit of additional DVD sales for its biggest shows like Grey’s, CSI, and Heroes. But the pessimist in me is genuinely terrified. And as for Heroes: Origins: I was under the impression that NBC is just putting it on hold (since it was originally slated to air in April/May 2008), leaving it upon to possibly go into production for midseason 2009? (assuming they’d give Heroes a midseason hiatus between blocks of episodes).

Lost is in a slightly different situation, because it sounds like ABC has agreed to the three-year contract, so even if they never made another episode I think the cast and crew would still have to get paid for those 48 unaired/unwritten/unfilmed episodes. Not that it will go over very well with the (admittedly obsessive and hardcore) fanbase (which I am also admittedly one of)…Damon and Carlton have promised us a resolution to this beautiful story that supposedly has 48 episodes of storytelling left in it - - not to mention that both of them have post-Lost production deals for themselves with ABC. With Carlton on the negotiating committee, I’ve gotta hope that he’s there looking out not only for himself and Damon, but for their many, many showrunning peers on other TV series and other networks.

Some of the new “filler” reality programs may catch on once the strike affects the main primetime schedule (February through May), but I doubt all of it will reach Survivor and American Idol proportions of popularity. I mean, does anyone expect Farmer Wants a Wife to become a cultural phenomenon?

To be completely upfront (although I fully expect the flaming to begin, in terms of my “naivety”) - - for me (as an aspiring WGA-wannabe), the prospect of scripted series becoming completely extinct (post-strike) is devastating to me both personally and career-wise: the only venue I’ve ever wanted to work in has been scripted, primetime (or cable) series television (either half-hour comedies or one-hour dramas). I have absolutely 0% interest in doing motion pictures or animation (although I suppose I could tolerate working on reality, but nothing involving me being responsible for technical equipment, which I’m completely inept at). While I support the WGA in its goals (and in seeing a more equitable and sensible distribution of profits go to all the creative forces involved), a permanent halt to network-based scripted series basically means my life is over — in more ways than one.

Not to mention, my mom will hold me personally responsible if she never gets another new first-run episode of Ugly Betty, in the months following the presidential election. I’m saying, she’ll haunt me in the afterlife!

nail-nibbling and heartburningly yours,
- Devoted Viewer (and WGA aspirant)

WHILE ALL YOU LOSERS ARE SUPPORTING THE WGA, JUST REMEMBER THAT 40 OF THE HIGHEST PAID SCREENWRITERS HAVE LINED UP WRITING ASSIGNMENTS TO WORK ON DURING THE STRIKE!

http://www.deadlinehollywooddaily.com/one-brief-shining-moment-of-clarity/

THE NAMES OF THESE CHRIST-FUCKING ASSHOLES SHOULD BE PUBLICIZED SO THE STONING CAN BEGIN.

WHILE ALL YOU LOSERS ARE SUPPORTING THE WGA, JUST REMEMBER THAT 40 OF THE HIGHEST PAID SCREENWRITERS HAVE LINED UP WRITING ASSIGNMENTS TO WORK ON DURING THE STRIKE

Is it your contention that any writer who has an open assignment at the time a strike is called will violate the strike order, or do you reserve your loathing only for the ones whose contracts were finalized in the last couple of weeks?

• Ted

Ted, are you going to pretend that if there’s a six month strike, said writers who have signed on for writing assignments will be twiddling their thumbs during said strike and not writing a single word of the writing assignment? Don’t think we’re stupid.

The same thing happened during the strike of 88. No shortage of major screenwriters making under the table deals with the studios to give them product.

Why does it matter if there are writers who closed deals before the strike? They can’t be used, right?

Meaning, even if the conspiracy nuts were correct, a script that can’t be used doesn’t protect a strike because…well…it can’t be used.

The real anger seems to be that writers who have open assignments during the strike are gonna be able to get back to work after it ends.

Why does it matter if there are writers who closed deals before the strike? New material can’t be developed and it can�t be legally be used, right?

Is the accusation that studios will secretly develope projects during the strike, then shoot them when it ends?

Even if the conspiracy nuts were correct, how would that damage the strike’s potency? The projects are useless until both sides have settled and studio cheifs can’t go to stockholders and say, “we’re taking a beating but when this strike is over, we’ve got some hot shit in development.”

The real anger seems to be that writers who have open assignments during the strike are gonna be able to get back to work after it ends.

And it’s not just the top writers who have open assignments, there are hundreds of them.

The WGA is insisting we to submit our current drafts for validation — I’m sure that you’ve heard by now that all the studios are sending out letters (got mine today) through our agents saying that if we comply withthat, that we are in violation of their right as our employers (giving away trade secrets, etc.) and our contracts will be terminated! How the hell did all you guys set this up so that we are being threatened by the WGA and the studios with punishment? How do we act?