Late last night, a top entertainment attorney who reps big-name writers called me to say he'd just closed 40 deals under the wire before the strike starts. So I asked him, "This may be a stupid question. But, if these writers aren't supposed to write these scripts, why the big rush?" The lawyer paused for a moment, then replied: "Because, during the strike, they're going to be thinking very, very hard."
Anyone can *think*, obviously, but bear this in mind:
http://www.wga.org/subpage_member.aspx?id=2529
Comment by LKB — November 2, 2007 @ 10:15 am
I may seem like a total idiot and I may be in this field but is that last sentence implying that this strike will be partially toothless and that writers will be writing, just under the radar?
thanks
Comment by AGT — November 2, 2007 @ 10:22 am
Well, sure - all us lawyers in my indie producer’s office have been working triple-time to get literary rights and options locked down for the past 3 weeks. That’s natural, not prophetic. And we’ve been working to get the next 4 months’ worth of documents signed by the writers - whose signatures are required for a bank loan to go through on all productions launched - and held in trust by their lawyers so that they won’t be asked to sign anything *during* the strike, as and when their contracts’ provisions are met (i.e., they get paid, in steps.)
But I don’t know of ANYONE that is setting up any “wink, wink” deals, in which writers are being asked, required, or even imagined to do rewrites, polishes, consults or revisions *during* a strike, or any that expect writers to turn in a draft of anything - even on “wink-wink spec” - just “after a strike”.
Its simply not happening at our level. For us, losing our signatory status would be a huge blow.
Comment by middle-age suit — November 2, 2007 @ 10:23 am
I don’t believe that lawyer’s claim for a second. I’ve heard networks and studios are putting ideas they’ve bought on hold now, and NOT closing new deals, pending resolution of the labor situation.
And shame on his clients if they’re “thinking” of writing on assigment during a strike. And shame on him for encouraging such behavior.
Comment by Sketic — November 2, 2007 @ 10:25 am
Look, the truth is not a secret: Writers write. And during a strike they will be writing something - be it books, articles, blogs and yes, scripts. But what the strike is really about is that the producers can’t have the scripts. And without scripts, the producers are just men in suits with nothing to do. Until Zucker, Moonves or Redstone can sit down alone in a room for days, weeks, months on end and tap out a cohesive, commpelling script, they will need to have some working relationship with creative talent. This strike is not coming from the writers… It’s coming from the producers who want the money, but don’t want to share with the creators that help their companies earn the world wide billions from scripted entertainment.
Comment by metinker — November 2, 2007 @ 10:25 am
Who is this attorney… I could have used him!
Comment by DS — November 2, 2007 @ 10:25 am
Ah, yes. The fact that writers will work on non-spec projects — off the record, of course — during the strike is not lost on a lot of us extremely nervous below-the-liners and staffers who don’t have that kind of luxury and are facing potential unemployment and catastrophic loss for issues over which we have no control. Yeah, it’s great that a lot of show-runners signed that page. But let’s not be naive. A great number of projects will turn up mysteriously “done” after the dust settles.
Comment by Average Joe — November 2, 2007 @ 10:37 am
Nikki
i think i know the attorney you’re talking about. i spoke to someone in his office yesterday and they said the same thing. if its not the same attorney, then thats an indication that every big attorney was working down to the wire to close deals.
Comment by omar — November 2, 2007 @ 10:47 am
It has been crazy here at the agency trying to do last minute deals on options, acquisitions, and just closing paperwork.
The studios on the feature side have basically locked out the writers for the past 2-4 weeks, so this lawyer was probably working on old business, or making sure that deals that needed to be signed and executed were taken care of.
Most of my writers are saying pencils down, and may be working on projects for studios, networks, etc on their own, but WILL NOT be turning in anything to ANYONE during a strike.
The majority of those who work non-stop will not be writing anything for anybody, and will probably work on a spec in their freetime.
Comment by Agentatanotheragency — November 2, 2007 @ 10:48 am
Nikki, Whether we made deals or not, it doesn’t matter.
Some people scrambled for a last paycheck and succeeded, some tried and failed, and some didn’t scramble at all.
But it doesn’t matter now. We’re all on strike together. No one gets any more of our work. No scripts. No development. Nothing. Period.
Comment by The Interpreter — November 2, 2007 @ 10:48 am
Average Joe –
I write for a top ten show and will not be writing/conceiving or doing any other work whatsoever during a strike. I will be doing nothing but walking a picket line, biting my nails and showing my appreciation for any non-WGA people who decide to join us.
But remember — if there are projects “mysteriously done after the dust settles” that only means that ALL PRODUCTION PERSONNEL will be able to resume working faster. It all starts with the script, remember. Writers are not the enemy here; whatever deal we achieve sets the tone for everyone else’s deal. Whatever work we can secure is work we secure for the rest of the town as well.
I understand no one wants a strike, but people really need to direct their irritation at the studios who are refusing to negotiate with us in any reasonable way. The majority of WGA members are middle class citizens just trying to support a family like anyone else.
Peace.
Comment by LKB — November 2, 2007 @ 10:54 am
Average Joe –
It’s good that people will write on spec or to fulfill an on-going committment while on strike. That way, when the strike ends, the town can immediately go back to work. IMMEDIATELY. That is what writers want. We want people to work. We want our crews to be working and to have healthy bank accounts. We want the town to prosper. But doing nothing while on strike would mean that when the strike is settled, there would be a lag to getting back into production and that would just compound the awfulness of the time out on strike. It’s important to be ready to rock the moment an accord is reached. The faster everybody goes back to work the better for all.
Comment by metinker — November 2, 2007 @ 10:56 am
“Because, during the strike, they’re going to be thinking very, very hard.”
This is bullshit and everyone knows it. Writers are hardwired to write when they have a story to flesh out. It’s like saying that a drug addict isn’t going to snort any of that cocaine on the table for the next three months.
The writers that have allowed the ‘dark side’ to stock up on scripts by working overtime in the last three weeks or made deals this close to a strike are (for the most part) a buch of turncoats who are supplying the AMPTP with bullets and tantamount to kicking their brethren to the curb.
We all that rules only apply to the masses, not those at the top. I can’t say for sure I wouldn’t do the same thing.
Comment by Mark S. — November 2, 2007 @ 11:00 am
To clarify further - what I meant is that, if your contact is anything like 80% of the legal-dept. heads in this town, his “pause” was just as likely an indicator that a) He doesn’t really know what his people are doing - they are just locking down rights deals (which are necessary for chain-of-title, which movies will simply not be able to be made without,) in a very-manipulative-but-in-no-way-illegal-or-strike-breaking-and-with-the-writer-fully-on-board manner, and he’s just acting all “gloaty” about it, or 2) He realized that he offered up too much already about their kosher maneuvering tactics, but didn’t want to go into detail over it, and preferred to let the *implication* linger in the air for you.
Either way, I’d ask for some clarification on the matter. Paul Haggis racing to give MGM the benefit of a working-draft is one (boundary-pushing) thing - but even the wealthiest Hwd hack is simply not going to jeopardize their reputation and standing with the Guild for a wink-and-a-nod Agreement. (And if some do - which is unlikely, not implausible - it is *NOT* being put to paper. That is what belies your source’s story.)
Comment by Middle-age Suit — November 2, 2007 @ 11:12 am
I’m pretty sure every writer had the urge to try to set up or close deals before the strike happened. From our point of view, more deals means more income as a hedge against whatever we’re going to be dealing with during the strike. I felt those urges myself.
But.
When the studios stated that they would not be honoring payment obligations for things like rewrites and polishes, because the expected due dates would fall after the WGA contract expired and they ‘would not finance the strike’.
Well. That means anything that DID get completed or agreed to in the last few weeks is short-term at best. Because any writers who DID close new deals get only that: those deals. Not a change in attitude of the studios who don’t want to ‘finance’ a strike by keeping their word.
Comment by James A. Owen — November 2, 2007 @ 11:43 am
During the 1988 strike, two of my friends — one a writer and one a writer-producer — had lunch together because they were friends. The writer found herself on WGA trial (she was exonerated). The union took the mere appearance of “thinking” about writing during a strike extremely seriously.
Comment by Kris — November 2, 2007 @ 11:58 am
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Nicely put, LKB.
Nikki’s report from this lawyer is not going to stir resentment in the ranks. The one comment above calling these people turncoats is understandable and I felt the same way at times, but I realized after talking to so many of my colleagues (A, B, C, D, E writers) that when this strike is called (any minute now) writers will no longer perform services for the six media conglomerates. That’s the bottom line here.
Comment by The Interpreter — November 2, 2007 @ 12:04 pm
All the feature writers I know plan to be working on assignments if they have them. Happy to be free of unnecessary phone calls and meetings and will concentrate on getting the scripts completed on themselves paid once the strike is over.
Comment by Tired of being tired — November 2, 2007 @ 12:17 pm
This is what really sickens me. Those of us who are in the beginnings of our careers and are in the position where said careers could be completely derailed thanks to things out of our control are being told to support the WGA and not do business.
Meanwhile, the highest paid writers in town are signing on for writing assignments left and right. And working on them (er.. thinking about them… yeah right!) during the strike.
It’s not like THEY’RE going to starve or lose their homes is it?
The names of those writers should be publicized so the backlash can begin.
Comment by Non WGA Writer — November 2, 2007 @ 12:37 pm
Come on Non WGA Writer, this will not derail your career. You can and should work on spec work. You have nothing to lose. If you are Non WGA without anyone paying you money or a contract for a particular project you can just write away as you always have and when things straighten out you’ll have more material. I don’t think it effects Non WGA writers much. I guess you could try to scab but I don’t think the studios are really going to be looking for scab writers. The producers will just do the rewrites themselves or something. They think they can write.
Comment by FlyBy — November 2, 2007 @ 1:40 pm
Stockpiling scripts has worked out for the crew on my show, since we’ll have paychecks through Christmas at least.
These turncoats maybe didn’t help the cause of the guy who wrote that episode of “Spencer: For Hire” years ago, but it sure helped the grips, PAs and all the other differently-talented people who like working in TV.
I guess the writers don’t need to make friends with anybody, and they’re certainly entitled to think that they don’t owe anybody anything, but when people go out of their way to help those around them, I should think that’d be met with a less militant or angry attitude. But what do I know?
Comment by Douchezero — November 2, 2007 @ 1:42 pm
I could be wrong, but I think that last line was just a clever retort by the lawyer. Hell, it made me laugh out loud.
But in reality, one major reason that a lot of people were trying to close deals is to get their initial payment that comes upon the job’s “commencement.” Why ProdCos and studios would go for that and sign pre-strike? Not sure, but perhaps they want this settled under the current CBA, not any future one?
Comment by Fun Joel — November 2, 2007 @ 2:06 pm
It certainly sounds like there are some “wink-and-nod” deals going on. And as soon as the strike is over, the town is going to be flooded with writers who’ve had nothing to do but work on material the past few months.
Meaning that people like myself, aspiring and uncredited writers, have no chance.
I mean, what are the odds that a new writer would be able to break in after the strike is over anyway?
I have three features written. By the time the strike is over (which could very well be several months) I’ll probably have six or more. But if every experienced, credited writer has the same thing (and probably a deal already in place), why would any studio take a chance on me?
I was thinking about getting my work registered at the WGA next week. I’m having second thoughts. There may be writers demonstrating outside and I don’t feel like getting yelled at because someone thinks I plan on trying to register and sell my stuff during a strike.
Comment by Another Non-WGA Writer — November 2, 2007 @ 2:50 pm
Uh, WGA registration? Just register it the old fashioned way (i.e. through the Library of Congress) if you’re worried about intellectual property theft goblins. But rather than trying to write the three or more feature spec scripts you apparently plan on completing before the strike’s over, why not focus on writing ONE great script?
Because while there will certainly be a deluge of specs going out post-strike from established writers, all of those specs are going to have established writer price tags. And if you’re script’s the only kick-ass one on the pile, AND you’re cheap, it’s not going to work against you at all.
All the strike means for you is that you’ll hopefully have better residuals to look forward to when/if you do sell to a WGA-sig producer.
Comment by Ronnie Pudding — November 2, 2007 @ 4:00 pm
I am a film editor, and a prolonged strike will kill me financially. However, I am completely in support of the writers. They are the geese that lay the golden eggs for the rest of us.
I find it appalling that the producer’s side can claim that they can’t afford to pay a little more residuals to the writers of successful shows because they have produced so many failed pilots and programs. This is the fault of the PRODUCERS!!! They’re the ones who are getting the big bucks (and I mean BIG BUCKS) to figure out what will succeed. When it does succeed, they take the money, when it fails….they take the money anyway. It seems to me that studio execs should take the hit for failed shows, not the writers of successful ones.
Comment by jAN — November 2, 2007 @ 5:22 pm
Flyby, I’ve been struggling to break into this business for over ten years and I finally option a script which will get my agent to get off her ass and start pitching my other scripts but, instead, the strike happens which will drag on for God knows how long and the buzz I got from the option will have disappeared by the time I can capitalize on it. The only thing I can do at this point is continue to sell my scripts to non WGA signatory companies seeing as I’m not yet in the guild. So, instead of selling my work for decent money, I have to pretty much give it away.
I’m hardly the only person who is at the beginning of their careers either after years of struggle only to be derailed by others.
Comment by Non WGA Writer — November 2, 2007 @ 6:16 pm
I’m also a longtime wannabe finally getting a shot with three, count ‘em three, scripts in different hands at the same time. And now they are all dead in the water.
But I still support the strike, for two reasons: 1) I believe in my own writing. The response I’m getting after too many years of dues tells me I’m in the right place at the right time with the right ideas and skills. Six months down the road, I think I’ll still be in that place.
And 2) writers are the canary in the coal mine on this go round. The producers are trying to rule out paying out on anything delivered digitally, when we all know that within a few years everything we do will be delivered digitally. So if the writers don’t win here, everyone will lose.
Comment by another Non WGHA Writer — November 2, 2007 @ 8:09 pm
To clarify a few things noted above…some folks seem to think that a strike is a good time for unknown writers to break in, and what chance does a newbie have if x-number of top writers are writing?
The answer to the first is it’s not a good time to try and break in because anyone doing so will be forever precluded from getting into the WGA, and the answer to the second is…the odds are the same before as after a strike. The odds are up to you.
Every time there’s a writer’s strike, there’s always somebody saying “well, this will be a good time for new writers to get in.” Well, the reason most of those new writers don’t get in has nothing to do with who’s working, and who’s not, but the quality of the work. Nobody wants to consider that option, that they’re not selling because the work simply isn’t very good. It’s always THEM, THOSE guys who are keeping the rest out.
It’s simply not true.
A quality script shines in the dark, no matter who writes it, with what credits. And every single one of the “top writers” noted above had, at one time or another, not sold ANYthing. But THEY got through. If them, why not you?
Strike or no strike, every year new, previously unsold writers make their first sales in TV and film. Yes, there are some who may have four unproduced/unsold scripts in their desk, resenting their presence there, and it may be that those scripts haven’t found the right people yet. Or they may simply be four not-very-good scripts. Only time, not strikes, will answer that question.
Comment by An Average Joe — November 3, 2007 @ 12:48 am
An Average Joe,
Nobody on this thread is saying that a strike is a good time to break in. Myself and others have said that we finally managed to push the door open before the strike happened and now the strike is on and we’ve been kicked away from the door, down the street and out of town.
Meanwhile, the fat cat writers who aren’t affected by the strike because they have millions in the bank are doing under the table deals for writing assignments while others fat cats are scribbling away on specs.
So when the strike does end, the market is going to be flooded with scripts by the likes of David Koepp which will make it even harder for unknowns to get in (or those of us who finally opened the door after years of struggle to get back to where we were).
Do you honestly thinks that a Hollywood producer is going to pick an unknown’s script over David Koepp’s even if they’re of equal quality?
Of course not.
Again, the fat cats get fatter and the starving cats get scrawnier.
Comment by Non WGA Writer — November 3, 2007 @ 6:25 am
Non-WGA Writer said: “Do you honestly thinks that a Hollywood producer is going to pick an unknown’s script over David Koepp’s even if they’re of equal quality?”
Yes, its certainly possible. Again, the unknown writer’s script gets bought at first-time writer prices (unless there’s a bidding war, in which case people are going to want it no matter whose name is on the front). The Koepp script will cost what, seven figures? And of course Koepp wants to produce as well, or direct even, there’s back end points, dollar one points, all sorts of add-ons that will make the Koepp script an expensive undertaking, even if its a small little “dream” project.
And that’s the other thing. The A-lister who gets ridiculous rates for assigment work, what kind of spec is s/she gonna write with a few months off? The little script they always wanted to write but never had time because of all those highly paid assignments — about Darfur or Tibet or someone with cancer or super-AIDS or something.
People are reading the Koepp script because its a Koepp script. They’re reading yours because its a good commercial story, and its the kind of movie they want to make.
All the strike means for you is the potential for better a better deal when/if you get into the guild. Stop being narcissistic. The world doesn’t revolve around you and your Hollywood dreams.
Comment by Ronnie Pudding — November 3, 2007 @ 9:35 am
Ronnie,
The producer will go for David Koepp’s script because many actors are lured to a movie project by a big name writer.
That’s why these same big name writers tend to rewrite lesser known writer’s scripts. Just so their name is on the cover page when it goes out to talent (i.e. actors).
Plus the producer can have an article in the trades about how they won the bidding war for the new Koepp script which makes them look good.
Comment by Non WGA Writer — November 3, 2007 @ 12:13 pm
I didn’t know it was “narcissistic” to give a damn about keeping a roof over your head and food on the table.
Some of us aren’t trust fund kids, sweetheart.
Comment by Non WGA Writer — November 3, 2007 @ 2:53 pm
Jesus, Non-WGA writer, it sounds impossible. How can you possibly succeed when all of Hollywood and fate and the Lord Almighty are conspiring against you? I guess you should just give up.
Comment by another non wga writer — November 3, 2007 @ 7:28 pm
Totally with you, Non WGA Writer. Ronnie’s answer was fine until the last two lines. One might respond, the world doesn’t revolve around *you* and your Hollywood success! Instead, appreciate the support from those outside the guild, the people who plan to honor the lines and walk with signs. They aren’t getting the jobs, health coverage or benefits that members enjoy.
All the best to guild writers in the weeks ahead, and to the new talents who have successfully broken through the hardest doors at a most difficult time. Success looks easy in retrospect. Don’t let Ronnie Pudding or his narcissism bring you down.
Comment by Dreams in Sentences — November 3, 2007 @ 7:57 pm
Actually Non WGA Writer, the writers are like the Fox in the Hen house and the AMPTP is ripe for the plucking.
Comment by Jessy S. — November 4, 2007 @ 12:50 am
another non wga writer,
I’m not giving up now that I’ve been recently optioned (to a non WGA company so the movie is going ahead - director is attached). So try talking one of your other competitors into dropping out of the competition if that’s what you think is the only way YOU’LL ever get into the biz.
Toodles!
Comment by Non WGA Writer — November 4, 2007 @ 7:15 am
Jesus, the WGA will seriously never admit you later on if you try to submit work to companies during their strike? That’s a little paranoid, don’t you think?? It’s all well and good for them, they’ve already broken in and had nice careers. When are the rest of us supposed to get a chance, huh?
Comment by Wanna-Be — November 5, 2007 @ 6:54 pm
Here’s the REAl problem — retribution. IF writer write during the strike, and don’t hand in the work until after it’s over, we still have this Draconian threat of reprisals from the Guild — people will be “comparing” the work we sent in for validation with teh drafts we hand in afterwards (I love this — and then determine “how much” work we did on it during the strike?) For me, the choice i sclear, I handed in my last draft of a pilot before the strike started, and then I’m writing articles for gun magazines to feed my kids while the strike is on. But the rub is he WGA is insisting we to submit our current drafts — but 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 with teh validation registry, that we are in violation of their right as our employers and our contracts will be terminated! How the hell did everyone set this up so that we are being threatened by the WGA and the studios with punishment? Seem like the owrking writer is getting it from both ends. Get what we want and settle this thing.
Comment by JohnFasano — November 6, 2007 @ 3:56 pm