• "Box Up Personal Items When You Leave Work Thursday": WGA's Strike Checklist
• New WGA Proposal Included Movement On DVDs, New Media, Jurisdiction Issues
• IATSE Sends Warning Memo To Members
• URGENT: Talks Come To An Abrupt Halt; Thursday's WGA Meeting A Strike Call?
• DHD UPDATE: Strike Comments Starting!
• WGA Fingers Agents "Lying" To Writers
• Update: New WGA Proposal On The Table
• WGA To Offer New Proposal Tomorrow: Expect A Few Days' Strike Delay?
• Rename It The 'Fear Validation Program'
• Another WGA/AMPTP Pre-Strike Update...
• AMPTP Suddenly Feeling Teamsters' Heat
• WGA Lobbies Crews & Teamsters; The 411 On Federal Mediator
• 'Most' Hollywood Teamsters To Honor WGA Picket Lines, Says Union Insider
• AMPTP's Nick Counter Stays On Message
• Verrone Forsees 'Threats' And 'Low-Ball 11th Hour Offer' By AMPTP
• Federal Mediator Will Attend WGA Talks
• WGA/AMPTP Talks Still Going On
• Tricks & Treats At WGA Strike Talks Today (...All About The Chairs)
• Finke/LA Weekly: Strike Happy H'wood 
• AMPTP To WGA: Show Up To Hear New Offer
• SAG Emails; AMPTP Sends Letter
• WGAW Says Variety Scoop Has No Reality
• Moguls See New TV Season As Dead Already
• Strike Vote In For WGA: 90.3% Say "Yes" 
• Results From WGA Strike Vote Delayed
• WGA Authorized To Strike ... As Expected
• Wow, The WGA's Paranoia Just Worsened
• SHOCKER: Is Writers Strike Now Averted?

THURSDAY NIGHT UPDATE: Hollywood Writers Strike Called; Timing Announcement To Come Friday; Actors Agree To Walk WGA Picket Lines

I've obtained instructions issued tonight to WGA contract captains who turn into strike captains once the Writers Guild of America calls its walkout. That's right: it's not "if", but "when". Since there will be no bargaining talks on Thursday, a strike call could come Thursday night when the leadership meets with the general membership at 7 pm inside the incredibly inconvenient downtown location of the Los Angeles Convention Center. Picketing could start Friday or Monday. (See my previous: URGENT: Talks Come To An Abrupt Halt; Thursday Night's WGA Meeting A Strike Call?) Here are memo excerpts: 

Show captains need to compile a personal contact list for everyone who could participate in pickets (including actors, writers' assistants, staff and crew, etc) or other strike actions.

Showrunners and all WGA members should assemble drafts of every unproduced script and other literary material for the so-called "Script Validation Program". (Details here.)

Showrunners, hyphenates with projects in development, and other hyphenates may want to speak to or write letters to the Producers they are working with "to make clear that our mutual goal is to negotiate a fair and reasonable contract. We welcome their support toward that goal."

Before leaving their offices on Thursday, all Writers guild members should take their personal items home. "If you have an office on a studio lot, you may want to box up your personal items when you leave work on Thursday."

There will be a WGA West membership meeting in Los Angeles tomorrow night at 7 pm. At the meeting, the Negotiating Committee will update members regarding the negotiations and make their recommendation as to how to proceed. The WGAW will send out another e-mail following the meeting with up-to-the-minute information.

There will be a captains meeting Saturday November 3rd at 1 pm. Agenda to follow. captains should plan to be on call this weekend. There will be a captains orientation session Saturday November 3rd at 11 am.

"If there is a strike, submit your scripts for validation. You have 4 days from the commencement of a strike to do this. Contract/show captains become picket captains immediately. Show up for your picket shift. Your captain will advise you where/when. Report any re-writing of your material, illegal demands, pressure to cross picket lines, etc to your picket captain."

I've obtained an internal (not for public consumption) WGA account of today's negotiations and the guild's new "Comprehensive Package Proposal" put on the table:

"Today, just hours before the expiration of our contract, the AMPTP brought negotiations to a halt. The companies refused to continue to bargain unless we agree that the hated DVD formula be extended to Internet downloads. This morning we presented the AMPTP with a comprehensive package of proposals that included movement on DVDs, New Media, and jurisdictional issues. We also took nine proposals off the table. The companies returned six hours later and said they would not respond to our package until we capitulated to their Internet demand. After 3 1/2 months of bargaining, the AMPTP still has not responded to a single one of our important proposals. Every issue that matters to writers, including Internet reuse, original writing for New Media, DVDs, and jurisdiction have been ignored. This is completely unacceptable."

The producers, in turn, claim they were ready to bargain -- and had even ordered in dinner -- but the WGA side said fuhgeddaboudit.

IATSE President Thomas C. Short today sent an open letter to all IA members and locals working in film and television who might be affected should a strike be called by the Writers Guild of America. What a different tack from the Teamsters'. The current IATSE motion picture contracts have the same no-strike clause that has been in effect in previous contracts. The IATSE is an International Union that represents members employed in the stagecraft, motion picture and television production, and trade shows industries throughout the United States and Canada. President Short’s letter is quoted below in its entirety:

OPEN LETTER TO ALL IATSE MEMBERS AND LOCALS ENGAGED IN MOTION PICTURE AND TELEVISION PRODUCTION FROM THOMAS C. SHORT, INTERNATIONAL PRESIDENT

As you are aware, the Writers Guild of America (WGA) is currently in negotiations for a successor contract to the current agreement that expires on October 31, 2007. While the IATSE remains hopeful that a new agreement can be reached between the WGA and the Employers, there is a potential for a work stoppage.

The IATSE has over 50,000 members in two countries engaged in motion picture and television production. Any work stoppage may have a profound and long-lasting impact on you and your families.

The IATSE contracts contain provisions that require us to continue to honor our contracts. These 'no strike' provisions require the IATSE to notify our members of their obligation to honor these contracts and continue working. Any individual member who chooses to honor any picket line is subject to permanent replacement.

It is important for each IATSE member to be aware of their contractual obligation as well as the potential impact on them personally if they choose to not cross and are replaced. Contact your local union with any questions regarding this potential labor dispute.

The AMPTP issued a statement tonight and the WGA's is below that. The negotiations broke down today not because of the traditional DVD residual issue, but about residuals for the Internet such as electronic sell-through -- i.e. Internet downloads. The AMPTP keeps saying electronic sell-through is synonymous with DVDs. The WGA says they're different and wants to negotiate a new residual formula. AMPTP refuses. Everyone knows that New Media and the Internet are the overriding issues of this negotiation. And now no more bargaining is skedded because of them. (... Remember, DHD comments are turned on. Opine away!) :

"AMPTP POSITION STATED TO THE WGAW AND WGAE TODAY
BY AMPTP PRESIDENT NICK COUNTER

"We’ve been working hard to come up with a package in response to your last proposal.  But we keep running up against the DVD issue. The companies believe that movement is possible on other issues, but they cannot make any movement when confronted with your continuing efforts to increase the DVD formula, including the formula for electronic sell-through.

The magnitude of that proposal alone is blocking us from making any further progress. We cannot move further as long as that issue remains on the table. In short, the DVD issue is a complete roadblock to any further progress. 

This cannot come as a surprise. Before the negotiations began, Writers Guild of America West President Patric Verrone met with many CEOs. The consistent message from the CEOs was that, for overriding business reasons, the home video formula would not be changed.  Nevertheless, you proposed to increase the DVD formula in these negotiations.</p>

<p>We want to make a deal. We think doing so is in your best interests, in your members’ best interests, in the best interests of our companies and in the best interests of the industry.  But, as I said, no further movement is possible to close the gap between us so long as your DVD proposal remains on the table. In referring to DVDs, we include not only traditional DVDs, but also electronic sell-through -- i.e., permanent downloads. As you know, we believe that electronic sell-through is synonymous with DVD.

There are pending claims with regard to electronic sell-through that will be resolved through the arbitration process. But to make any new agreement with you, residuals for the DVD market, including electronic sell-through, must be paid under the existing home video formula.

We are ready and willing to proceed to reach agreement with you. We call upon you to take the necessary steps now to break this impasse so that bargaining can continue for our mutual benefit and the good of everyone else who works in this industry."

POSTSCRIPT: After Nick Counter presented the above position, the WGA advised us that they were not prepared to continue tonight. When asked about tomorrow, they said no, we have a membership meeting. When they were asked about Friday, they advised they would call us.

2ND UPDATE: The WGA issued this "Latest Word" tonight:

"The WGA Negotiating Committee, on behalf of the Writers of Guild of America, West (WGAW) and the Writers Guild of America, East (WGAE), has issued the following statement regarding Contract 2007 negotiations:

Today, just hours before the expiration of our contract, the AMPTP brought negotiations to a halt. The Companies refused to continue to bargain unless we agree that the hated DVD formula be extended to Internet downloads.
 
This morning we presented the AMPTP with a comprehensive package of proposals that included movement on DVDs, new media, and jurisdictional issues. We also took nine proposals off the table. The Companies returned six hours later and said they would not respond to our package until we capitulated to their Internet demand.
 
After three and a half months of bargaining, the AMPTP still has not responded to a single one of our important proposals. Every issue that matters to writers, including Internet reuse, original writing for new media, DVDs, and jurisdiction, has been ignored. This is completely unacceptable.
 
There will be a WGA West membership meeting in Los Angeles Thursday night."

UPDATE: More details about the WGA's "Comprehensive Package Proposal" presented today are here. In the meantime, there's a new blog by a member of the WGA "Communications Committee" at UnitedHollywood.com. It critiques the media coverage of this breaking story as well as imparts info.

Beginning with this advisory, DHD will allow comments that relate to the pre-strike stories I've been posting here. Since the current Writers Guild of America agreement with the Alliance of Motion Picture & Television Producers expires tonight at midnight, and this is so important to everyone connected with Hollywood even in a remote way, I want to provide a forum to express your opinions, rants, sorrows. You can comment on every pertinent post.

But I own this website, so I also reserve the right to enforce some rules: Keep it pithy. Stay on topic. Be intelligent. Agree or disagree but don't make it personal. Don't impersonate Jeff Berg or Steven Spielberg or Barry Meyer or make wild unsubstantiated claims. Remember that your comments will reach a big national and international audience of DHD readers so don't just argue one-on-one. Fine to post anonymously, but try to ID yourself generally, like, "I'm a writer", "I'm a producer," "I'm a wannabe" so people know your POV. Your comments won't be edited but they also won't post automatically. I have to approve them first. And I plan on being picky. There may be some unavoidable delays...  

Finally, I wish to thank all my wonderful tipsters who keep updating DHD on the WGA-AMPTP news, and all those kind people who have praised DHD's even-handed coverage during this pre-strike. (Roger Ebert is worried I'm working too hard!) So, now, be the first to opine ... and click "refresh" to see the latest comment. 

URGENT! I just received this email from a top WGA source: "There's a campaign of fear and lies being waged by several top agencies today, telling TV writing clients that if they're co-producer or above, they are a hyphenate and have to report to work during a strike. This is false. Evidently, instead of pleading with the companies to make a reasonable deal, some agents have resorted to attempting to scare their clients out of complying with the strike rules. It's really fucked. Bear in mind, that most TV writers who have producer titles often perform very little actual producing, if any. The titles are mostly in place to indicate the writing staff hierachy. We're not talking about showrunners here -- mid-level writers are getting this call. One top agency has told co-producers and above that their jobs may not be waiting for them after a strike if they don't report to work. Another big agency has told clients they can do punch-up on screenplays during the strike if that screenplay has been submitted to the Producers prior. Writers need to know to call the Guild if they have questions about what services they can perform and NOT rely on self-serving agents for that information."

I'm digging into this and I'm going to name agencies. (Most of the big tenpercenteries right now are scrambling to get back to me.) But a few agencies already have told me that Warner Bros TV and Fox TV and Touchstone TV (aka ABC TV Studio) have sent out memos to their producers, exec producers, showrunners "explaining" their responsibilities in the event of the WGA strike. Don't get me wrong, this matter of the hyphenates is a remarkably messed-up issue right now, not to mention a heated WGA vs AMPTP issue. As I've reported previously, the WGA's strike rules say hyphenates must stop writing, too:

Additional Strike Rules pertaining to writers also employed in additional capacities ("hyphenates"):
Hyphenates (i.e. members employed in dual capacities such as writer-director, writerproducer, etc.) may not perform any writing services, including “(a) through (h)” services, for a struck company. The MBA defines “(a) through (h)” as follows:
(a) Cutting for time
(b) Bridging material necessitated by cutting for time
(c) Changes in technical or stage directions
(d) Assignment of lines to other existing characters occasioned by cast changes
(e) Changes necessary to obtain continuity acceptance or legal clearance
(f) Casual minor adjustments in dialogue or narration made prior to or during the
period of principal photography
(g) Such changes in the course of production as are made necessary by
unforeseen contingencies (e.g., the elements, accidents to performers, etc.)
(h) Instructions, directions, or suggestions, whether oral or written, made to a writer regarding story or screenplay.

The Guild strongly believes that no member should cross a WGA picket line or enter the premises of a struck company for any purpose. Under applicable law, however, the Guild may not discipline a hyphenate for performing non-writing services. This legal restriction only extends to services that are clearly not writing services. If a hyphenate performs writing services, including “(a) through (h)”, for a struck company, or negotiates a new assignment for writing services, including (a) through (h), he/she will be subject to Guild discipline under the Strike Rules and the Guild’s Constitution and By-Laws.
To avoid possible disciplinary action, hyphenates are advised to consult with Guild staff in advance for guidance on the extent of functions prohibited. Although it is impossible to contemplate every situation, it should be clear that the most inclusive interpretation of “writing” is intended. When in doubt, don’t.

Hyphenates are subject to the following additional rules, though they are not enforceable through Guild discipline:
A. A hyphenate member performing non-writing services during a strike should provide the Guild with a list of the literary material, including the names of the writers of the material, utilized by him/her in the production of a television program or theatrical motion picture. Also, the hyphenate member should provide the Guild with copies of literary materials rewritten, polished or altered in any way during the strike and the names of any writers working on such materials.
B. A hyphenate member should determine and confirm that literary material on which he/she performs non-writing services is not material proscribed by the Strike Rules. In the event a hyphenate is asked to perform non-writing services on a “scab script”, he/she should refuse. In addition, the hyphenate member should report the request and deliver copies of such material to the Guild. For purposes of this Rule, a “scab script” is any literary material written or rewritten by anyone for a struck company during a strike or literary material optioned or purchased by a struck company during a strike.

But the producers claim on their website:

"As a showrunner you can perform all non-writing services, including 'A to H' duties. In a February 2007 decision, the National Labor Relations Board held that hyphenate showrunners are supervisors within the meaning of the National Labor Relations Act and, accordingly, are aligned with management. The union cannot and should not attempt to prevent any hyphenate showrunners from performing non-writing duties."

View the NLRB decision in its entirety here.

I've said it before and I'll say it again: most NYC media know squat about how Hollywood really works. A perfect example is this screaming headline from New York mag's Vulture blog today: "Universal Claims American Gangster Is Not an Adapted Screenplay?" (What about Imagine?) The magazine is pissed because the pic is based on Mark Jacobson's NYM piece "The Return of Superfly" and as a result Steve Zallian's script shouldn't be eligible for a Best Original Screenplay Oscar. So I called up Universal for a response, and the studio politely told NYM to go hell:

"As in every instance, the writing credit determination on American Gangster was made by the WGA, who ruled that Steven Zaillian's screenplay qualifies as an original work.  Universal is following their direction.

Mark Jacobson's article 'The Return of Superfly' was used as research material, but the film depicts a much more expansive portrait not only of Frank Lucas but of the period and includes many other sequences and characters that don't appear in Jacobson's piece.  Most notably, the character of Richie Roberts, who represents an equally weighted half of the film, does not ever appear in the article.

Jacobson's article is, in essence, an extended interview with Frank Lucas and was used as one contributing source of research along with many others.  After reviewing the screenplay and the source material, the WGA awarded the 'original screenplay' designation. 

Any questions as to how the ruling came to be are more rightly directed to the WGA, not Universal. It is exclusively their purview."

Everyone's waiting on pins and needles for details of the WGA's big new "Comprehensive Package Proposal" put on the negotiating table this morning. Not much else to report right now. I'm told that yesterday's so-called bargaining "modifications" revolved around pension and health. There has been no movement on the real strike issues. More letters from studios are being received by screenwriters, some as threatening as Disney's, some less scary like New Line's and Fox Searchlight's, some short and not-so-sweet like Universal's. Stay tuned.

When two Big Media moguls meet, a chain restaurant is not the usual venue. But I'm told that last Friday Rupert Murdoch had lunch with Ted Turner at the Atlantan's bison-serving eco-friendly Ted's Montana Grill in NYC's Time-Life Building (one of 51 locations). Sources said to me that the lunch was requested by Turner (est worth $2.3 bil) in an effort to "bury the hatchet" with Murdoch (est worth $8.8 bil). It came just days after a GQ interview was published with the CNN founder blaming the Fox News Channel founder for helping get America into the Iraq mess and labeling it "Rupert's war" -- and FNC in response using air time to belittle and demean Turner as "off his rocker." Now, Murdoch can use the Wall Street Journal and new Fox Business Channel to belittle and demean Turner as well. "Ted reached out in the hope to make nice to Rupert now that he's the biggest media mogul in the world," a Murdoch insider told me. Did it work? "Rupert doesn't change anything. He still goes after anyone he wants." As someone who once briefly worked for Murdoch's New York Post Business section, I can attest that orders would come down from on high to dig up dirt on Turner for less-than-flattering articles about him. Of course, Turner made it easy since he was always opening his yap and saying something controversial if not downright stupid.

For those a step behind, Murdoch and Turner have been feuding competitors for two decades. There's a long history of animosity between the two starting when Rupe in 1987 was angling to take over Ted's company Turner Broadcasting which was in a vulnerable position after loading up on junk bonds to make a run at MGM. But the feud really fired up once Time Warner acquired Turner's news, television and sports empire. Murdoch went into the Ted/Time Warner bashing business after Fox News Channel was launched to compete against Turner's CNN. Time Warner Cable had an arrangement to carry FNC, but one of the first things Turner did was to screw with that deal. The FTC had ordered Time Warner Cable to carry a second news channel -- but instead of FNC, Time Warner Cable went with MSNBC. A war of words began, with Turner likening Rupe to Adolf Hitler and the New York Post running headlines questioning Ted's sanity. Murdoch cut a deal with EchoStar with the goal of creating a U.S. satellite powerhouse that could threaten cable, then backed out of the plan after Time Warner and other cable operators agreed to carry his new channel. I'd say despite the politesse of lunch, this feud is far from over. Besides, the New York Post ran a lousy review of Ted's Montana's Grill this month. 

I'm hearing writers may work without a contract for at least a few days while negotiations continue. This is not because showbiz writers are typically pushing back a deadline, as Variety's lede unfairly asserts, but because "the WGA wants to give the studios every opportunity to present a reasonable offer before instituting a devastating work stoppage. As if the studios haven't had that chance since July," a top WGA source tells me tonight. Insiders all along expected a WGA delay before calling a strike, as I first reported back on October 18th, but this window would be much shorter than expected. There will still be Thursday's night's general meeting for WGA membership at the LA Convention Center Thursday night at 7 pm.

Meanwhile, I'm told by the producer's side that the federal mediator’s presence seemed to move things along at today's negotiating session. All parties worked on "modifications" for part of the day. Then the WGA worked for a long while on a "comprehensive package" which they had hoped to present "at 6 pm," a producers source told me. "But at 7 pm when it wasn’t ready, the mediator suggested they finish up and present it tomorrow at 10 am."

The WGA told a different story in this statement issued tonight: "Today's negotiations began at 10 am. No significant progress was made. At 4:30 pm, we informed the AMPTP that we would prepare a comprehensive package proposal for their review today. At 6:45 pm, we told them the proposal would be ready in 15 minutes. Management negotiators responded by saying they preferred to leave for the day and hear our proposal tomorrow, the expiration date of our contract." UPDATE: I'm told that today's so-called modifications revolved around pension and health. There has been no movement on the "strike issues".

And, on the subject of useless meetings, California State Senator Mark Ridley-Thomas (D-Los Angeles) is convening a hearing of the Senate Committee on Business, Professions and Economic Development on November 7th at West Los Angeles Community College to examine challenges to California’s dominance of the entertainment industry, including the economic impact of a strike. "Talk of a strike is already impacting the regional economy," said Ridley-Thomas. "Even if a strike is averted, the state should examine ways to safeguard and foster the entertainment industry as it is a strong base of economic activity and offers thousands of people an opportunity to have a solid middle class lifestyle."

Several U.S. Supreme Court justices expressed doubt today that a law barring child pornography could be applied to popular award-winning movies. News reports say the justices appeared to support the pandering provision of a 2003 federal law that makes it a crime to promote, distribute or solicit material in a way intended to cause others to believe it contains child pornography. They were hearing arguments in a case brought by the Bush administration to uphold the law, after a U.S. appeals court struck down that provision on the grounds the government cannot suppress lawful free speech. Among the movies mentioned which could be affected by the new law are American Beauty, Lolita, Titanic and Traffic.

News sources say Nielsen finally released its estimates of high-definition-set penetration for both the total United States and Local People Meter markets, and the overall numbers will disappoint advertisers.

Individual writers this week are starting to receive scary threatening letters from the studios and networks warning about the WGA's "script validation program" just as the Writer's Guild Of America responds to the AMPTP on the matter. (As I've reported previously, the controversy boils down to this: the guild wants members to submit copies of any half-finished scripts etc to headquarters. The producers don't.) The letters were sent to the writers via their agencies. Here's what one dated yesterday from Buena Vista Motion Picture Group warns about the WGA's strike rules:

"There is one rule, Rule #8, which we must address directly with you, just as we have already addressed this directly with the WGA. Strike Rule 8 -- the so-called "Script Validation Program" purportedly instructs writers to supply the WGA with copies of literary material already written and delivered to the Company and all writing in progress for the Company, as well as any spec or sample scripts submitted. As we have already informed the WGA, this written material, in any and all of its forms, is the sole property of the Company, who owns all such material in its entirety.  As such, writers are prohibited from giving, sharing, or otherwise depositing such material with the WGA.

Compliance by you with Strike Rule 8 would put you in breach of your contract with the Company and subject you, the writer, and the WGA to a number of possible legal actions, including breach of contract, tortious interference of a contractual obligation, and violation of trade secrets to name a few... We regret being put in a position of having to remind you of your legal obligations in this manner but, unfortumately, this seemed to be the best way to avoid confusion and potential disputes between us."

On October 24th but not made public until this week, Anthony R. Segall of Rothner, Segall & Greenstone responded on behalf of the WGA to the October 19th cease-and-desist missive concerning the "Script Validation Program" from William L. Cole of Mitchell Silberberg & Knupp on behalf of the AMPTP:

"The script validation program, as described in the 2007 WGA Strike Rules, does not coerce employees or violate the Companies' contractual or statutory rights. The program is a lawful internal union rule designed to advance legitimate Guild interests, including writers' collective right to withhold their services in the event of a strike.

Initially, I note that the script validation program is not new. The rule is identical in substance to one implemented and in effect during the 1988 WGA strike -- to my knowledge, without objection or legal challenge by the Companies. In the years since then, the Guild has continued to receive copies of literary material for a wife variety of purposes, such as contract enforcement and the protection of writers' intellectual property rights. The Companies have never objected to this practice, though in appropriate circumstances we have made accomodations to address the Companies' legitimate confidentiality concerns.

Your demands ... are unlawful and discriminatory, and seem intended specifically to deter writers from exercising their right to strike. Such demands themselves, and certainly any actions to enforce such demands, interfere with, restrain and coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act. Actions to enforce these demands may also violate the duty to bargain in good faith, as unilateral changes in work rules and contract terms in retaliation for protected conduct.

... Please be advised that the WGA will immediately respond to any attempt by the AMPTP or the Companies it represents to recharacterize lawful strike activity as a breach of contract or violation of state or federal law."

• I've learned how things will work with the federal mediator today. Basically, he meets with one side, then the other side, and that should take all morning. No one expects him to referee any real negotiating until this afternoon at the earliest. This is really getting down to the wire. Here is the timetable if a strike is called. I'm told that the turnout was strong this morning for the WGA's informational hand-outs to union truck drivers and any driver who enters five of the major lots. Many studio execs were confused by the sight of writers out in force, thinking that WGA picketing had already begun. Nope.
• Basically, what this pre-strike period has boiled down to is a nasty personality battle between both sides. The producers want to villify WGA negotiating committee topper Dave Young because he doesn't have an entertainment background and prior to joining the WGA in 2004 was in the garment and construction industries. "He's never negotiated a big contract like this," an AMPTP source claims. I also keep hearing over and over from the producers how Young is responsible for the current hardline position taken by the writers. Certainly, he has helped focus the WGA's anger and resentment with tactics that have alarmed the studios and networks. On the other hand, Young has been the point person on ridiculous issues like the chairs so as to give the writers pause.
• At the same time, the WGA loves to villify Nick Counter since he has been the beet-red face of the producers for the past 25 years overseeing some 400 labor contracts with writers, actors, film crews, musicians and scores of other professionals. But this time around, suddenly Counter is being second-guessed. I'm hearing there's divisiveness inside the AMPTP camp because of "a blame game" going on focused on how the hell these negotiations went so wrong -- first, with the "big concession" of the residuals rollback not impressing the writers, then with the WGA's onerous "script validation program", and now with the Teamsters' support of WGA picket lines. In recent days, the AMPTP has stepped up its PR campaign and made Counter available to every media outlet, and certainly the trades and Los Angeles Times have shown themselves pleased to be spoon-fed by the producers' camp even when there's nothing new in any of the info being disseminated. I'm especially ashamed of my pal Patrick Goldstein's column today trying to make it seem as if only the writers in Hollywood require straitjackets when the inmates are running the asylum.

Nielsen Business Media today announced former TelevisionWeek and TVWeek.com Managing Editor Melissa Grego has been named Editor of HollywoodReporter.com. She'll oversee all of the paper’s online content and initiatives and report to Scott McKenzie, who was recently appointed vp, Editorial Director for Nielsen Business Media’s digital media group. At TVWeek, Grego penned the blog Mel’s Diner and hosted weekly podcasts.

Tonight, the AMPTP president Nick Counter sent this letter to the major basic craft unions "in the face of some misinformation and rumors regarding [their] contractual No Strike obligations". Funny enough, it posted on the producers' website soon after I posted this news about Leo Reed's Teamsters Local 399 (see my previous: 'Most' Hollywood Teamsters To Honor WGA Picket Lines, Says Union Insider).

Counter warned Studio Transportation Drivers Local 399, Plumbers Local 78, Ornamental Plasterers Modelers and Scupltors Local 755, IBEW Local 40, and Studio Utility Employees Local 724 that under the No Strike Clauses of the Basic Crafts Union' agreements "we expect each Union to comply with this No Strike obligation and order your members to work." 

Counter's toothless letter notwithstanding, a producers' source admitted to me tonight there's "nothing illegal about Leo Reed invoking the 'conscience clause'. But the problem is he hates this industry." How much this could disrupt Hollywood production will depend on how many picket lines the WGA can set up and for how long. Based on what I've heard tonight, I'd say the Teamsters' support of a WGA strike could very well prove to be a turning point in these negotiations. 

• I've learned that the WGA is currently working on newsletters to distribute to crews and other industry workers to explain its position in the face of what it is calling the AMPTP's "misinformation" campaign. This follows anecdotal reports I've received from various network shows that crews are expressing their anger about the looming strike. I'm told that Tuesday morning, from 6-8 am, WGA members will be handing out flyers to union truck drivers and any driver who enters five of the major lots. A strong showing is being requested "to show the AMPTP that we are able to mobilize our members".
• "Most" Hollywood Teamsters, aka Local 399, will honor WGA picket lines, a union insider tells me today. AMPTP is suddenly feeling the heat from the Teamsters' support of the WGA. Nick Counter's toothless letter notwithstanding, a producers' source admitted to me tonight there's "nothing illegal about Leo Reed invoking the 'conscience clause'. But the problem is he hates this industry." How much this could disrupt Hollywood production will depend on how many picket lines the WGA can set up and for how long. Based on what I've heard tonight, I'd say the Teamsters' role could very well prove to be a turning point in these negotiations. 
• The AMPTP identifies the mediator to me as "Juan Carlos Gonzalez of the US Federal Mediation and Conciliation Service. Gonzalez has been a Commissioner of Mediation since March 2000. Prior to joining, he practiced as an attorney in Los Angeles. He holds a Juris Doctor Degree from Whittier Law School in Santa Ana (1998), a Master of Clinical Psychology from California State University, Los Angeles (1995) and a Bachelor of Arts in Psychology from Loyola Marymount University (1985). He also holds a second degree black belt in the Japanese Martial Art of Aikido."
• The producers (AMPTP negotiating committee, studio and network moguls, PR mavens) spent Monday caucusing and continuing to  prepare for Tuesday's talks and a possible strike beginning Thursday. They hope the mediator "can at least help clear the brush so we can get to the vital issues."
• The WGA side held meetings over the weekend. Tonight, I obtained an email from one of the strike captains informing members, "We were told, 'It looks like we are going to have to strike.' Basically we are at a standstill. Rumors suggest that the AMPTP is internally divided. The WGA asked to negotiate over the weekend. The AMPTP refused that."
• On Thursday, the WGA is holding a large general membership meeting at the LA Convention Center, West Hall "B", at 7:00 pm where it will be announced if the negotiating team is calling a strike or not at 12:01 am. I've learned that writers are being told by email that if they need to leave work early to attend the meeting, they do have the legal right in the state of California to attend a union meeting.
• Friday would be the WGA's possible first day of picketing, according to emails I've obtained. "You will picket your place of work, or the studio who employs you. Shifts will be 9 am-1 pm and 1 pm-4 pm. Picketing will continue like this Monday-Friday."

UPDATE: AMPTP Suddenly Feeling Teamsters' Heat 

URGENT: The "Hollywood Teamsters" -- aka the Motion Picture and Theatrical Trade Teamsters (Teamsters Local 399) which reps over 4,800 studio drivers, casting directors and location managers -- today urged members to honor the WGA's picket lines. I'm told this follows a meeting they held on Sunday morning where Secretary-Treasurer Leo T, Reed, who has held the key leadership slot at the local since 1988, reminded them that Teamsters don't cross picket lines. This will have an immediate impact on many film and television shoots once a strike starts "by creating more problems and headaches for production," a Teamsters official told me this afternoon. But the insider wanted to make clear that honoring the picket lines is a choice to be made by individual teamsters members, and not a directive from Teamsters Local 399. "The union makes that distinction because the studios could sue our asses," the source said to me. "This is going to be a difficult decision for individual teamsters to make. But, even though it puts them in peril, I think most teamsters strongly believe they dont cross picket lines." Here's the announcement:

Re: Writers Strike Information - Monday, October 29, 2007 
WRITERS STRIKE

399’s position regarding a possible strike by the Writers Guild of America is that during the term of the Black Book Agreement, pursuant to Article 8(B), unless the producer fails to comply with an Arbitration Award, not to strike against, picket against, or boycott the Producer for any reason whatsoever, and use its best efforts to get the employees to perform such obligations. Done!

As for me as an individual, I will not cross any picket line whether it is sanctioned or not because I firmly believe that Teamsters do not cross picket lines. Now, if the strike is sanctioned by Joint Council 42, the Producers have agreed that they will not discipline any employee who refuses to cross. Federal law protects you if you choose otherwise. Remember, I believe that Teamsters do not cross picket lines!

Fraternally,
Leo T. Reed
Secretary-Treasurer
Teamsters Local 399

1. AMPTP's Nick Counter Stays On Message
2. Verrone Forsees 'Threats' And 'Low-Ball 11th Hour Offer' By AMPTP
3. Federal Mediator Will Attend WGA Talks
4. WGA/AMPTP Talks Still Going On
5. Tricks & Treats At WGA Strike Talks Today (...All About The Chairs)
6. Finke/LA Weekly: Strike Happy H'wood
7. AMPTP To WGA: Just Show Up To Hear New Offer
8. More WGA Strike News: SAG Emails & AMPTP Sends Cease-And Desist Letter
9. WGAW Says Variety Scoop Has No Reality
10. Moguls Sound Strike Happy, See New TV Season As Dead Already
11. Strike Vote In For WGA: 90.3% Say "Yes"
12. Results From WGA Strike Vote Delayed
13. WGA Authorized To Strike ... As Expected
14. Wow, The WGA's Paranoia Just Worsened
15. SHOCKER: Is Writers Strike Now Averted?

A TV Week Q-&-A published today shows Nick Counter, president of the Alliance of Motion Picture & Television Producers, is still breathing fire. He calls the WGA demands "so over-the-top and unreasonable". Here's what I found interesting:

TVWeek: How do things change for you once they have the power to call a strike at any time?
Counter: From a negotiating standpoint, we'll continue to negotiate until we reach an agreement irrespective of whether they strike. I told them this morning: They can strike for six months or 12 months or 24 months; at some point we have to reach an agreement. There are no divorces in our industry. It's just a question of when and how much damage is caused.

TVWeek: Networks and studios say there's no online business model yet upon which to base a new media deal. But the WGA points to companies like NBC, telling investors that it is projecting increases based on online growth. Are the employers talking out of both sides of their mouth on this?
Counter: Not really. Your first statement is correct. The key leaders, executive producers of television shows, that are members of the guild, they understand. We actually have a mutual goal to develop a marketplace that's viable, but nobody knows the contours of that industry.

TVWeek: But do statements to investors predicting growth contradict that? 
Counter: No. At some point there clearly will be growth. There's no question there's an audience and potential market there; the question is how to develop the business models.

1. Verrone Forsees 'Threats' And 'Low-Ball 11th Hour Offer' By AMPTP
2. Federal Mediator Will Attend WGA Talks
3. WGA/AMPTP Talks Still Going On
4. Tricks & Treats At WGA Strike Talks Today (...All About The Chairs)
5. Finke/LA Weekly: Strike Happy H'wood
6. AMPTP To WGA: Just Show Up To Hear New Offer
7. More WGA Strike News: SAG Emails & AMPTP Sends Cease-And Desist Letter
8. WGAW Says Variety Scoop Has No Reality
9. Hollywood Moguls Sounding Strike Happy And See New TV Season As Dead Already
10. Strike Vote In For WGA: 90.3% Say "Yes"
11. Results From WGA Strike Vote Delayed
12. WGA Authorized To Strike ... As Expected
13. Wow, The WGA's Paranoia Just Worsened
14. SHOCKER: Is Writers Strike Now Averted?

... A rumor is making the rounds that CAA will fire up to 10 agents in the very near future supposedly because they're "underperformers". Or to trim down pre-strike?

How nice to know that, while a major Hollywood strike looms, Jeff Zucker has nothing better to do today than get his knob shined by CEO Pornster Ken Auletta over breakfast at an event sponsored by the Newhouse School at Syracuse University. Zucker made the most definitive statement yet that GE boss Jeffrey Immelt isn't going to sell NBC Universal after the Olympics, as many media outlets are forecasting. As for the writers' strike looming, he said "unfortunately" it's looking "more and more likely." NBCU’s film slate in 2008 would not be affected, he said, nor would there be any practical effect on NBC’s on-air lineup through the end of the year, but beyond that the network would be forced to rely on unscripted programming and news magazines.
"It’ll be a real watershed event as to whether people come back to scripted television" in healthy numbers after a strike at the beginning of a season already struggling with widespread erosion, Zucker said. As I've reported, he is one of the hawks among moguls. 

Meanwhile, what a stupid move for Hulu.com, the video site owned jointly by NBC Universal and News Corp, to begin testing today, by invitation only. Moronic, just three days before a crippling walkout, for these moguls to start up a site focused solely on TV and film content. But that's why they get paid the big bucks. Also, today's International Herald Tribune runs a puff piece about how NBCU, late to the overseas markets party, is making up for lost time. It quotes Zucker calling the international business a "huge priority" and hoping to nearly double the company's foreign revenue by 2010, lifting it to $5 billion, or 30 percent of NBCU's total, from $2.8 billion, or 18 percent, last year. NBCU is scouting around for more channels to buy, and the biggest opportunities may lie in places like Eastern Europe and Asia. At a time when American TV fare generally is experiencing a resurgence overseas, NBCU has had considerable success selling US hits like Heroes in international markets. (But Heroes is having problems here at home...) It has also licensed Law & Order for local language versions in Russia and France. Now, rather than relying only on U.S. exports, the company plans to step up local production of TV programs and films, focusing on markets like India, Russia, Germany, Japan and Britain. We already know that Angela Bromstad moved to London to oversee the works.

Since everyone needs humor now, here's a very funny 1-minute video from WGA members Gregg Rossen and Brian Sawyer about what Hollywood screenwriters will be doing for day jobs post-strike. Featured are Paul Guay (Liar, Liar), Doug Eboch (Sweet Home Alabama), Harris Goldberg (Deuce Bigalow), Dave Garrett (Deuce Bigalow: European Gigolo), Cindy & Don Hewitt (Spirited Away), and Tom Donnelly (Sahara). Is this the next reality show?

Tonight, WGA West President Patric Verrone issued to members this pre-strike email obtained by me. It paints an ugly picture of what lies ahead for the next three days until the guild's contract expires. He warned members about "a climate of fear on both sides" and a producers' strategy of "brinkmanship [that] will likely be met by fear, confusion, and even acrimony". This sounds to me like a reaction to the ridiculously one-sided slant of today's Los Angeles Times article:

To My Fellow Members:
As of Monday, we are three days from expiration of our contract.  On Friday, the AMPTP told us they didn't want to meet at the WGAW any longer and that they would next meet with us at their headquarters on Tuesday.  This leaves us barely 38 hours to bargain a contract before expiration.  Before we meet with our employers again, we will have had nearly a dozen separate meetings with the Negotiating Committee, the Board of Directors, TV showrunners, contract captains, other unions, and even government officials to continue to strategize and do whatever we can to make a deal and avoid a strike.

With that in mind, I have three pieces of information which I want to pass along.  First, as you may have heard or read, a Federal Mediator will join the negotiations on Tuesday at the Companies' suggestion. A mediator has no power to impose a deal, and mediation is no substitute for serious negotiations.  As always, the contract settlement must come from the parties.

Second, we are planning a general membership meeting, open to all current-active members, for this Thursday, November 1st. The purpose of the meeting will be to update everyone in person on negotiations and what our options will be from that moment on...

Third, let me say something regarding dissemination of information. In the days to come there will be many rumors, lies, and even threats that will come your way. There is a genuine climate of fear on both sides of this negotiation and it is only natural that misinformation will spread. This used to be limited to word of mouth and the mainstream press but, like much in the 21st century, it has taken on a new form with the Internet. Know that we will not be able to keep up with (much less interfere with or attempt to influence) what is posted on blogs and bulletin boards but we ask you to be discerning in drawing conclusions from those posts and from any source that is not affiliated with the WGA leadership, including the press. In that regard, please also be patient during the time between statements that come directly from the negotiating committee or the leadership. Those statements will always be posted on the WGAW website and disseminated through our contract captains or official Guild e-mails...

On Friday it became clear to us that management's plan is to stall the talks until the final hours and divide us with a low-ball eleventh hour offer. This sort of brinkmanship will likely be met by fear, confusion, and even acrimony. All that is natural and expected. Therefore, we must be strong and steadfast in our convictions so that we convey the proper message to our employers, to our allies in the entertainment community, to the industry at large, and to each other:  That, as much as we don't want a strike, we want a bad contract even less.

1. Federal Mediator Will Attend WGA Talks
2. WGA/AMPTP Talks Still Going On
3. Tricks & Treats At WGA Strike Talks Today (...All About The Chairs)
4. Finke/LA Weekly: Strike Happy H'wood
5. AMPTP To WGA: Just Show Up To Hear New Offer
6. More WGA Strike News: SAG Emails & AMPTP Sends Cease-And Desist Letter
7. WGAW Says Variety Scoop Has No Reality
8. Hollywood Moguls Sounding Strike Happy And See New TV Season As Dead Already
9. Strike Vote In For WGA: 90.3% Say "Yes"
10. Results From WGA Strike Vote Delayed
11. WGA Authorized To Strike ... As Expected
12. Wow, The WGA's Paranoia Just Worsened
13. SHOCKER: Is Writers Strike Now Averted?

SUNDAY AM: Given that the Hollywood writers strike is pending against the studios and networks and could come as soon as midnight on Halloween, weekend box office seems like an absurd after-thought. So do the gross receipts when the No. 1 movie is Lionsgate's disgusting Saw IV whose "R" rating comes from sequences of grisly bloody violence and torture throughout. But the sickos who scream for this insanely profitable $250M franchise poured $32.1 million into 3,183 theaters from Friday through Sunday. (That's comparable to Saw III's $33.6 mil opening in 2006...) So, once again, here's an example of the public propping up hardcore horror just when Hollywood was starting to rethink making these kinds of disturbed pics. 

In second place, Disney's quirky romantic comedy Dan In Real Life debuted in only 1,921 venues but posted a decent $12 mil this weekend. Fortunately, Disney hired star Steve Carell for cheap. Talk about counter-programming, this feel-good flick is the polar opposite of the fall season's many downer films, not to mention Saw IV and Sony's holdover vampire fangfest 30 Days Of Night which took 3rd place with $6.7 mil this weekend from 2,859 dates (down 58%) adding to its new cume of $27.3 mil.

The rest of Friday's Top 10 pics were familiar film titles: The Game Plan (Disney) #4 [$6.28M, cume $77M], Tyler Perry's Why Did I Get Married? (Lionsgate) #5 [$5.7M, cume $47.3M], Michael Clayton (Warner) #6 [$5M, cume $28.7M], Gone Baby Gone (Miramax) #7 [$3.9M, cume $11.3M], The Comebacks (Fox) #8 [$3.4M, cume $10M], We Own The Night (Sony/2929 Prods) #9 [$3.3M, cume $25M], Tim Burton's Nightmare Before Christmas 3D (Disney) #10 [$3.3M, cume $10M]. Overall, this weekend's box office is lagged last year's by 3.6%

As for other box office notes, it was interesting to see whether Fox Searchlight's synergistic PR ploy of having star Owen Wilson post-suicide attempt interviewed by director Wes Anderson on MySpace at midnight Friday (both mediums are owned by News Corp) will help speed up The Darjeeling Limited. The movie's gross revenues did pick up noticeably from Friday (576K) to Saturday($719K) from 698 plays for a $1.7 mil weekend and new cume of $6.1 mil. This, despite reviews which said the interview was boring.

Also, Roadside Attractions' little known PG-13 Bella opened in only 165 theaters to make $1.3 mil this weekend but surprisingly had Friday's 3rd best per screen average ($8,026). "Think there are some distribution guys around town wondering right now what the heck a Bella is?" an insider on the film boasted to me. Turns out it's one of those Christian movies pushed by Grace Hill Media. And, despite so-so reviews, it did OK for an English-language film starring Mexican telenovela heartthrob Eduardo Verastegui (Chasing Papi) that reached the Latino and faith-based audiences with grass roots marketing. I hear church groups bought up group tickets. With less than a $3M budget, Bella surprised everyone at the 2006 Toronto Film Festival by winning the people’s choice award. Despite that, no distributor made an offer until, finally, Roadside came aboard. In this climate of filmed torture, it’s nice to see a socially redeeming film do a little business.

This weekend also features lots of limited debuts as Oscar buzz starts to heat up. ThinkFilm released Sidney Lumet's dark crime drama Before the Devil Knows You're Dead starring Philip Seymour Hoffman and Ethan Hawke in 2 venues this weekend where it made $73.5k for the No. 1 best per screen average ($36,750). MGM released the biopic Music Within with Ron Livingston playing a Vietnam vet promoting causes for the disabled: it opened with $45K from 17 dates. Alison Eastwood (Clint's daughter) made her directorial debut in Rails & Ties starring Kevin Bacon and Marcia Gay Harden that took in $10K Friday from 5 theaters. Strand's Slipstream written and directed by Anthony Hopkins, who also stars as a screenwriter, debuted in 6 dates for $6K. Sony Pictures Classics released Jonathan Demme's documentary Jimmy Carter Man From Plains, based on footage shot during the ex-Prez's Palestine book tour, for $10K in 7 plays. Roadside bowed director Doris Dorrie's German documentary How to Cook Your Own Life. And two more pics platformed: Magnolia's Mr. Untouchable, and Hannover House's The Rocket Post.