News And Analysis: I now have all the details from all the different sides of that big argumentative powwow by TV showrunners that took place yesterday where they voted and agreed that 1) they will return to work and perform their producer duties, overseeing the non-writing production of their shows, as soon as the studios return in good faith to the bargaining table, and 2) they also agreed to stand by any fellow showrunner who is sued for breach of contract for not crossing the WGA picket line.
"But one of the greatest feelings was a passionate consensus to end the meeting," Matthew Weiner of AMC's Mad Men said privately afterwards. "Showrunners stood up in
support over 95% in agreement, and pledged to stay the course of our current actions. Voices were heard, arguments listed, and then unity declared. It was pretty amazing actually."
Among the big news is that they've been sent "breach of contract" letters from CBS Paramount yesterday telling them that if they don't report back to work then they'll be sued. The news was announced at a closed door, extremely secret meeting of 115 showrunners who gathered at the Writers Guild Of America headquarters to discuss strike-related issues amongst themselves after first showing up to picket collectively at the Disney gate, then going en masse to lunch at The Smokehouse. (I broke the news of the confab yesterday afternoon.) "The CBS letters yesterday said that if the showrunners don't report back into work for their producing duties, they're in breach and they'll be sued." No other showrunners had received letters yet from their respective networks or studios, the gathering was told. The CBS letters news was received somberly by the group. "Since CBS is first, it became clear that Les [Moonves] is the most pissed," a source at the meeting told me. "All the other showrunners now expect to get similar letters." After a group discussion, the showrunners came to an agreement on how to deal with this threat to them. "The writers agreed that, if anybody gets sued, the showrunners will all stand together. Those who are still working will go out and join us on the picket lines, and, if we're all back at work, then we'll all go out," a source told me. "That's if we come back."
Let me say this upfront: if the networks and studios plan on really suing the showrunners, then they're going to smash the very underpinnings which support the entire Hollywood system. One of the main reasons that the guilds exist is to perform all the administrative functions that producers don't want to do, like health, pension, credits, arbitration, etc. Crissakes, if the WGA didn't decide who wrote what for both the writers and the studios, then we wouldn't be able to count the number of lawsuits emanating from every TV show and movie or the amount of billable hours outside lawyers would chalk up.
The reality is that everyone in the entertainment industry bends over backwards not to initiate lawsuits because the powers-that-be have too much to hide. They don't want to air their dirty laundry. They don't want to expose their tricky accounting. They don't want to swear to tell the truth in a deposition or on a witness stand where opposing counsel can ask them anything or everything in order to embarrass them or even shame them. Example: the Coming To America lawsuit. Another example: Katzenberg v Disney. I was in the courtroom the day when this nightmare exchange took place:
Bert Fields: "Did you say Mr. Katzenberg was the 'tip of your pompom'?" "Did you say Mr. Katzenberg was your 'retriever'?" "Did you tell Mr. Schwartz that you 'hated' Mr. Katzenberg?" Did you say, 'I think I hate the little midget'?"
Michael Eisner (so red-faced he was positively florid): "I think you're getting into areas that are ill-advised... If you pursue this line of questioning, it will put in the public record those things that shouldn't be in the public record."
But here's the best argument: when all is said and done, when the strike is over (and it will be over someday), the showrunners and the networks/studios are going to have to work together. Every mogul to a one has complained to me over the years how there aren't enough showrunners. So now they're going to alienate those few they do have?
What's ironic here is that networks/studios love showrunners because these super-talented creatives are the driving force, the inspiration, the soul, of TV shows. C'mon, the moguls all claw and fight to hire the best ones for big money. Even those showrunners that flop or behave badly are still hired year after year, series after series.
Everyone needs to remember that any breach-of-contract letters are coming from the lawyers in business affairs. Last time I looked, the moguls were their bosses. So I say, no way the network/studio CEOs are going to throw away these valuable assets. Because Hollywood is still very much a town of relationships, even during a strike. Same applies to the conventional wisdom that the studios are purposely waiting for the 2-3 0r 6-8 week period to pass so that they can force majeure many of the large overall deals they made with TV writers, many of whom have 7 figure deals yet are producing nothing right now. Then, so the theory goes, the studios/networks are going to start cutting their on-lot POD deals. Once they've done all that, you watch, they'll return to the negotiating table, hoping by then the union is divided. One problem: a collaborative business will be toast.
Before I get into the rest of this news and analysis, a nugget: Paradigm talent agency owner Sam Gores, the really rich guy determined to grow the merger-frenzied tenpercentery into a powerhouse and give it a higher profile, proved incredibly savvy and picked up the check for all the showrunners' lunches at The Smokehouse, saying "Compliments of Paradigm". An internal email sent about it inside the agency said Paradigm picked up the tab for the entire group "to show support for their cause."
The Disney gate show of strength by the 150 showrunners Wednesday, organized by the WGA, was a seminal event. Their post-picket confab started over lunch at The Smokehouse, but then, fearing they'd be overheard by diners in the next room, they decided they could have a more open and candid conversation at the WGA headquarters a few hours later. A few dozen showrunners fell out so in all 115 met together there.
This was, by no means, a polite conversation between colleagues. It was heated and vociferous, but it ended in hard-fought, heavily argued agreement. The WGA would have everyone believe the showrunners are 90/10 in support of everything strikewise. The AMPTP would have everyone believe it's the other way around claiming the showrunners are fearful of really speaking their "hearts and minds". Bullshit by both sides. Last night's very open forum showed very clearly that the showrunners there were overwhelmingly in support of the strike, but they were 60/40 split on the best way to conduct it. The meeting broke down like this: 60% voiced absolute support for a 100% work stoppage by showrunners as a way to shut down the shows and hurt the networks and studios, and 40% wanted to stop all writing but continue their producing duties.
There was deepo disagreement over whether showrunners should do post-production or not. Some of the showrunners felt that, if they didn't do post, the networks would ruin their shows.
This very vocal minority worried about the quality of their shows made the point to the assembled crowd that it seemed unfair to pressure themselves when film director/writers haven't stopped directing, and the actor/writers haven't stopped acting, but the TV producer/writers are being asked to stop editing. "Why isn't J.J. Abrams being given a hard time for starting to direct Star Trek tomorrow? Why isn't Tina Fey being given a hard time for acting on 30 Rock? Why is this strike being waged on the back of the showrunners?" one hyphenate asked.
This minority gave an impassioned plea to be allowed to edit without being treated like an outcast. They stood up and told a personal story about what situation they're in with their individual show. Greg Garcia of NBC's My Name Is Earl spoke about how one of his actors called to say he'd helped lock the cut of an episode and how that made Garcia feel sick. "How is two episodes of my show sucking going to hurt GE?" he asked.
On the other side, Greg Daniels of NBC's The Office spoke proudly about why and how he'd shut his show down. But Marc Cherry of ABC's Desperate Housewives urged the majority side "not to pressure" the showrunners on the minority side.
It was agreed that the showrunners probably only have power for another month or two. Though many series have been shut down, a lot of ABC Touchstone and Warner Bros are still shooting this week, along with NBC Universal hourlongs. "Next week will be a watershed week," the group heard a leader say. That was why the majority of showrunners felt they had to use their power to "really hurt" the networks/studios. But the minority argued that into bargaining in good faith. But the minority response was that, if the showrunners were going to "sacrifice" the quality of their shows, then they wanted to get something positive out of it, like using their producing duties as leverage to bring the networks/studios back to the good-faith bargaining. "Why are we worried about hurting them? Let's get them to negotiate," a minority viewholder stated.
Another summed up the minority position this way, "We want to win this thing. We just want to do it the right way. We just want to know, if we're staying out, what we're sacrificing for."
Then the voting began. There was even a vote about the vote -- whether it had to be unanimous or not.
To reiterate, the showrunners voted and agreed: "That we will return to work and perform our producer duties, overseeing the non-writing production of our shows, as soon as the studios return in good faith to the bargaining table," a source there told me. "We also agreed to stand by any fellow showrunner who is sued for breach of contract for not crossing the WGA picket line."
There was no vote about the inquity of having director/writers helming, or actor/writers acting. "They skipped over that," one attendee told me. "But the militant faction of the guild said they'll pressure those people next."
I’m slightly confused by the showrunners response. Does that mean that if someone is sued after the strike is over, they will all strike again? Why else would they all be back at work?
Comment by Julia — November 8, 2007 @ 1:47 pm
The studios may have decided to fuck with the wrong Marine. (shoutout to Aaron Sorkin).
Comment by anotherWGAmember — November 8, 2007 @ 1:51 pm
CBS is the most vulnerable so it makes sense they launched the “first strike”. I doubt they want to kill the goose laying their golden eggs though, it may be more of a threat than anything else.
Once Lawyers get involved in this, it will become a stranglehold on negotiations for both sides.
Speaking of Lawsuits, if this thing lasts much longer I hope the WGA launches a nuclear fussilade of lawsuits aginst AMPTP for their shady Accounting practices which are designed to prevent proper residuals from being paid. This is a HUUUGE issue coming to the forefront in CA Courts. And in many cases, may be considered Criminal as Publicly traded Corporations must abide by Government guidelines.
I say, you wanna play hardball? Let’s Play! Let’s force you to open your books for all Movie Titles over the last 20 years and see just what is under that rock.
Comment by PJ — November 8, 2007 @ 1:54 pm
So, let me get this straight… Moonves offers a deal he can’t deliver, embarassing and shocking the WGA and he’s PISSED that the writer’s don’t want to work for him?
How old are these “moguls”… five?
A “mogul” is someone who makes deals and finds solutions not a grown man who throws hissy fits.
They will be mocked for years to come.
Comment by Jeffrey — November 8, 2007 @ 2:00 pm
I hope this helps put to rest the notion that the showrunners are just talking big because they don’t have much on the line. They’ve willingly put themselves in a position where the networks have a right to sue them (and the networks would have a good chance of winning). That’s not nothing.
Comment by Nick — November 8, 2007 @ 2:03 pm
Very interesting… One way or another, I do think it’s about time us writers (I’m not a WGA member) stuck up for ourselves. I can’t necessarily say I’m proud of the annoying drum banging and obnoxious megaphones, but I am proud of the stand these guys are taking.
Comment by Brian Laesch — November 8, 2007 @ 2:04 pm
A lawsuit instead of negotiating? Wow, Les Moonves is sure a talented big shot Hollywood deal-maker. This is clearly over his head.
Comment by ReelBusy — November 8, 2007 @ 2:04 pm
Good. Its time these pampered overpaid producers were threatened with being sued. The only thing they care about is themselves. Thanks for a nice Christmas Writers Greed of America
Comment by IATSE member — November 8, 2007 @ 2:04 pm
Absolutely disgusting.
Comment by Jase — November 8, 2007 @ 2:07 pm
It’s serious and unfortunate, but it’s also corporate protocol to issue warnings. Good to hear the showrunner’s stance is firm.
Comment by Concerned — November 8, 2007 @ 2:10 pm
If the networks truly start filing lawsuits then the showrunners better be able to pony up BIG money to defend themselves.
The networks have billions of dollars to pay thier legal teams.
How much do the showrunners have?
This is getting uglier alot quicker than I thought it would.
Comment by Joe Cool — November 8, 2007 @ 2:10 pm
Desperate times call for desperate measures. They really have nothing left in their arsenal. Stay strong WGA!
Comment by M — November 8, 2007 @ 2:16 pm
@PJ — I imagine that WOULD end things pretty quickly, considering that New Line was willing to sacrifice Peter Jackson’s involvement with The Hobbit to prevent an independent investigation into their accounting on the LOTR trilogy.
Comment by Nick — November 8, 2007 @ 2:18 pm
If I were Google/Yahoo/Microsoft I’d be licking my chops right now. The studios are making a huge. HUGE mistake. If a couple showrunners decided to take their business directly to the net then the networks would seriously cannibalize their own business. And Mr. Moonves is cannibalizing his own career. None of these showrunners (or future showrunners) would ever want to work for a snake like him in the future. There’s no way he could run a channel without showrunners. It’s like McDonalds firing the hamburger.
Comment by AR — November 8, 2007 @ 2:22 pm
I say the showrunners should all go back to work and edit their shows into incomprehensible, postmodern messes that the networks could never air. That would be honoring the contract, right? You can’t put a gun to someone’s head and make them create.
Comment by Will — November 8, 2007 @ 2:24 pm
So, the AMPTP, and now specific studios, are looking to actively lose the PR war. Perhaps their pockets are deep enough that they don’t care about making audiences alienated from shows which are profitable.
“I am Spartacus” is a refrain that would be thrilling to hear from the showrunners’ lips.
Remember, remember the 5th of November…
Comment by Guy Fawkes — November 8, 2007 @ 2:25 pm
This proves that the studio line, that they’re happy to throw this season of TV away, is a lie. It’s goal, like the bogus claims of stockpiling which were bandied about all summer and fall, is to psych out the writers. They want to pretend this isn’t hurting them, but it is, badly, hence these letters. These guys are far more scared, and vulnerable, than they will ever show. This war - and make no mistake, it is war - is 95% psychological. They think you guys are wimps that can be easily pushed around. The more you prove them wrong, the more you’re going to start to see them sweat. These threats are the first beads on their brow. Moonves and Murdoch and Bewkes and GE may not literally be afraid of the writers, but they are afraid of the people they’re beholden to, Madison Ave. and Wall St.
Stay strong, writers!
Comment by Don't Believe the Hype — November 8, 2007 @ 2:27 pm
The showrunners should be applauded and thanked for not turning their back on the writers for the sake of cold hard cash. My respect for them has grown immensely.
Comment by Joe — November 8, 2007 @ 2:29 pm
I am sure the other networks are really happy with CBS right now. Also a sign that the AMPTP is totally worthless as a union. They wouldn’t agree on the price for a bag of rice, let alone a complicated residual issue. That they allow one company to influence the strike so thoroughly proves it.
Comment by not a lawyer — November 8, 2007 @ 2:31 pm
I don’t think it’s that cut and dried… when the Show-runners signed their contracts they agreed to perform certain duties… and were paid for their services. And now… for a very good reason mind you, they have chosen to ignore that promise. They are simply in breach of their word. I’m not saying it isn’t heart wrenching - or that it doesn’t feel like betrayal doing so - but they should perform the duties they promised to perform. If we can’t even honor the contracts we signed - if our word has no integrity - they how in the world do we dare hold anyone else to a higher standard? And no, you won’t be able to convince me by showing what bastards the producers are - and how they have broken faith.
I am responsible for my own actions - I made a promise - I signed a contract - and I can’t honor it only when it feels good - or when I feel like it. I mean I CAN - but then why should anyone believe anything else I promise to do?
Comment by IT's not that simple — November 8, 2007 @ 2:37 pm
I am so proud of the showrunners… except the one that fired me in 1998. That guy can go f**k himself. JUST KIDDING, I love him, too.
Don’t forget to HONK at the picketers if you support the WGA — we love to hear it!
Comment by Abby — November 8, 2007 @ 2:41 pm
I salute the showrunners for their stance on this. It does put them more in the shoes of the middle class writer. They could face daunting legal fees if the networks are stupid enough to push this forward.
And YES! Let’s see inside those studio accounting ledgers. If they’d report honestly on earnings for films and TV then talent (writers, actors, directors etc) could accept less up front because they would have faith their backend participation would be based on legitimate numbers.
A win / win? Studios pay less up front to make the product and profit is shared based on market performance rather than talent trying to rectify the financial screwing they took on previous projects by financially penalizing the budget of the upcoming project.
But it will never happen. Despite the studios’ claim that production costs are too high, they’d never consider honestly reporting and sharing in profits as a means to lower budgets!
Apparently they must be doing pretty well with the current set-up.
Comment by Rusty Cee — November 8, 2007 @ 2:52 pm
Not sure how anybody’s surprised about this. They said they’d sue anyone that didn’t honor their non-WGA contracts, that’s what they’re going to do. Did they think all of them showing up and picketing in one place was going to do anything but make Moonves and the boys more angry?
The moral high ground stuff is funny, because it’s the same for both sides. They’re going to try and put the squeeze on the writers any way they can, just like the writers are trying to shut down as many shows as they can to put the squeeze on the networks.
Comment by jb — November 8, 2007 @ 2:53 pm
What’s the line from Boston Legal that I’m looking for?
Oh yeah:
“You opened the door to this line of questioning, counselor. If you’re going to ask questions you don’t already know the answers to, you’d better be prepared to deal with the results.”
Keep up the good work, Nikki.
But don’t bang the “fair and balanced drum” anymore. You are or you aren’t, but making a point of it only causes us to question the issue.
Comment by Baylink — November 8, 2007 @ 2:58 pm
So how would that work? Obviously there’s a breach of contract issue, but can the companies actually extract damages from showrunners refusing to work? And how much are we talking about?
I expect the details are private, but vague estimates would be nice. Being sued can mean many different things.
Comment by NYer — November 8, 2007 @ 3:00 pm
Just to give some of those who think that ipTV is something that might, perhaps, well, we are not really sure type of thing that comes in a Star Trek like future, together with food processors and the warp technology:
In Germany, where I live, ipTV has been introduced and is running full speed through the German telecom, with a quality of digital cable, and that ominous box that people in the US are talking about, that maybe, perhaps, some time in the future might exist? It’s here. It’s working. It comes with a subscription rate of about 60 Euro per month, FLAT-RATE, for all phone services, all DSL (with a speed of 16,000) AND ipTV that streams with the quality level of digital cable.
AND you can watch, re-watch every episode of everything on German TV through it.
So, wait… what was that again of “the Internet? It’s SO NEW? We don’t know… it might make money or not?” to quote Jon Stewart (again, something I can get through the German version of Comedy Channel … THROUGH ipTV).
The corporations are lying. And since writers are, well, let me put it mildly, NOT the smartest people when it comes to actually researching anything outside of “what will make my story” work, they should start looking at other countries. We are further down the line, digitally speaking, in Germany, and we know ipTV is going to replace “normal” TV…
Just go here to see the future having arrived already:
http://www.t-home.de/
(yes, it’s in German. Sorry about that)
Comment by Thomas — November 8, 2007 @ 3:02 pm
Some of these showrunners need to join together, create a digital studio and start putting original shows on the internet. When TV and the internet merge, what exactly will networks have to offer? People can’t create their own tv networks but anyone can start a website.
Comment by Anthony — November 8, 2007 @ 3:06 pm
On that note- showrunner Ed Bernero (CRIMINAL MINDS) posted a pretty in-depth explanation for the fans of that show as to why the writers had no choice, but to strike-
http://criminalmindsfanatic.blogspot.com/2007/11/edward-allen-bernero-speaks-to-fans-of.html
Comment by Shawn — November 8, 2007 @ 3:18 pm
Both sides suck. Now I’m going to have to watch Celebrity Big Brother with Lauren Tewes and Charo instead of Lost.
Comment by Notawriter — November 8, 2007 @ 3:20 pm
PJ is dead on.
I’ve been amazed there hasn’t been a civil RICO suit against at least one studio or net over the accounting.
I still remember when Warren Beatty was mocked for writing into his contracts the right to bring in independent auditors for the books.
Why is it that the actual BO is totaled a few weeks later, it’s often never anywhere near what the studios reported for just the first week?
Every time a studio has been sued by an actor or other profit participant on this, there’s alway an out of court settlement & absolutely no comments from either side. That means a secrecy agreement was signed & the studio folded & doesn’t want the truth out there.
One of these days, someone who already has enough money has to take this all the way to trial & expose this thievery!
Comment by Unindicted Co-conspirator — November 8, 2007 @ 3:30 pm
sounds like if one showrunner is sued, all the showrunners are going to stop working (meaning the ones who have chosen to keep working doing non-writing duties). Being sued for breach can’t come as a surprise to anyone. The Studio won’t call for a sit down for the same reasons the writers won’t: whoever asks for the sitdown is saying the strike is hurting them. Now is the time for a backdoor deal where no one gets egg on their face. oh, and the studios should show Nick Counter the door. If any part of what happened on Sunday is true, that guy is a boob and is hurting the studio’s side.
Comment by john — November 8, 2007 @ 3:39 pm
Here’s a fun thing to do on the picket lines.
Take a stopwatch with you and begin timing when you hit the line, then, see how long it takes before you hear a writer:
a. Utter “Can we punch up this sign/slogan/contract?”
b. Pretend to get a cellphone call and say, “What’s that?! The strike’s over?! Guess I’d better go home!”
c. Pretend to get a cellphone call and say, “What’s that, Mom? You fell down and are hurt?! Guess I’d better go home!”
d. Make a prank phone call to a nearby writer, pretending to be a strike captain and asking why he’s not there picketing.
e. Attempt a joke lamenting how the strike is going to get in the way of his/her buying a new pool/car/house for his/her nanny.
Then, stand back and enjoy the irony that the writer is wearing one of the “Comedy Writer” shirts.
Yes, it didn’t take long for bits to become “hack” on the sidewalks outside studios. As if plodding around in a loop wasn’t grim enough, the tired, oft-recycled japes of the comedy writers’ rooms have descended like a sodden woolen blanket over the proceedings. I say this as a comedy writer, myself, with 15 years of experience in rooms, who is far from innocent of these infractions, but who is suddenly aware of just how easy it is for us to be lame.
Standing with the (non-sitcom) writers, I suddenly became aware yesterday how much we look like the kid brother at the family Thanksgiving dinner who imagines himself the clown of the family but who is really just an annoyance. I still believe that a large reason sitcoms are often so awful is the meddling of the studios and networks, but man, after a couple of days on the picket line with “comedy writers,” I am ready to make a few adjustments in my criticism.
Comment by will coleman — November 8, 2007 @ 3:40 pm
I don’t care how much money these showrunner people make already, they’re brave to stand up to mega corporations and demand their fair share. They’ve got targets on their backs, willing to lose tons of future earnings (and maybe more) to make sure the writers coming up don’t lose the profit participation benefits they’ve all rightfully earned. Bravo.
Comment by writerA — November 8, 2007 @ 3:48 pm
This kind of action is tantamount to all out war. CBS just launched the first nuke… and if they actually file lawsuits, there will be no going back. Once this is all resolved (and it will be) this kind of action will prevent Moonvees from getting the likes of Joss Whedon to ever work for his network.
Bad move, Les. Very bad move.
Welcome to last place in the ratings.
Behind TeleMundo.
Comment by Raider — November 8, 2007 @ 4:04 pm
Huge kudos to the showrunners! (On a side note, I accidentally typed “huge judos” a moment ago — they might be able to use that in their fight!)
Does anyone know what their legal rights are, out of curiosity? As guild members, are they allowed to refuse to work during the strike, despite their producer contracts?
Comment by Fun Joel — November 8, 2007 @ 4:08 pm
Stay strong WGA! We’re rocking it out there on the picket lines. I’m a Newbie Writer who’s been out of work lately (along with my whole staff). I strike to protect my future and to honor those who striked before so I can have residuals and a way to take care of myself during the lean times. THANK YOU SHOWRUNNERS for hanging strong!
“http://www.100daysinbed.blogspot.com/”>http://www.100daysinbed.blogspot.com
Comment by Strike Grrrrl — November 8, 2007 @ 4:22 pm
I’m sure all of those Paradigm assistants that make jack squat already and might get laid off soon are pretty stoked about that lunch yesterday.
Comment by networkassistant — November 8, 2007 @ 4:27 pm
As Union members, don’t the showrunners have the right to strike? Our contract has run out. I don’t see how these lawsuits would hold up in court. If the studios want to start speculating on a dollar figure for damages due to an unfinished TV season, we should sue back to begin a fair accounting of their DVD residual and profit participation accounting of the last twenty years.
Comment by question — November 8, 2007 @ 4:28 pm
Actually the WGA would win in a lawsuit situation. This stems all the way back to Sunday’s talks. As you all recall, the AMPTP used the cover of negotiations to attempt to bully the WGA into a deal that they wouldn’t accept in any other case and walked out on talks after the strike started on the east coast because of no good reason except for killing the current TV season. Heck, I’ll bet the governor is looking into possible legal charges due to Nikki’s work during the last 48 hours.
Comment by Jessy S. — November 8, 2007 @ 4:28 pm
Why not just compromise. Sign a tiered agreement. In the first year while profits from new media are still “unproven”, let the writers get residuals at a lower rate and then slowly work the rate up to top out at 3 years when new media will for sure be at the forefront of profit making for studios
Comment by aabl333 — November 8, 2007 @ 4:29 pm
IATSE Member….really? Okay, maybe I missed something. Let’s work through your logic together…
a) The studios attempt their go-to bully move of trying to ram an obnoxious, greed-filled deal down the writer’s throats. For kicks they add in insulting proposals such as taking the writer’s name off all ads.
b) The writers, after getting screwed on this approach for VHS, DVD, and cable finally say no and go on strike.
Your conclusion — “I’m not mad at the studios for acting like bullies re: the crappy deal. I’m not mad at them for acting like children — fighting over chairs and storming out of the room when they don’t get their way. I’m not even mad at them for lying to the writers, getting them to make concessions and then not following through on what they promised. WHAT I AM mad at the writer’s for striking.”
Lemme review…A..check…B…check…wait, run me through this again. I’m confused.
Comment by ZAPP — November 8, 2007 @ 4:53 pm
Well, if the showrunners are sued it will be hard to establish damages: (1) the writers are one strike, and (2) the studios could still put together the shows without the writers if they had to. So aside from the salaries possibly paid but not earned, the studios don’t have that great of a claim…
Comment by Anonymous — November 8, 2007 @ 4:53 pm
Showrunner Ed Bernero of CRIMINAL MINDS just put up a wonderfully simple explanation for why the writers had no choice but to strike.
http://criminalmindsfanatic.blogspot.com/2007/11/edward-allen-bernero-speaks-to-fans-of.html
Comment by Shawn — November 8, 2007 @ 4:55 pm
to it’s not that simple. In the days where the line is blurred between wga/dga/pga etc.. where showrunners perform sometimes all those duties, they as much as anyone understands this strike is about far more than the wga and those high end writers. As a below the liner, and someone who union gave away strike rights and who’s people will be hurt most by this strike, I fully support this wga because it is going to set the precedent for the future of entertainment and creative people’s jobs. If they lose this one, the future is very bleak for this industry I love. So, lets all support this strike and give them the strenght to stand united and the patience to last it till the end. Good luck.
Comment by below the liner — November 8, 2007 @ 4:57 pm
Here’s an open question for all the IATSE members filled will anger and hate toward writers in these posts. Why do you hate the people responsible for creating your jobs, the writers, actors and directors?
There has been a lot of hate directed at the creative community here and places like the LA Times blogs, yet these are the people who create your ability to work. They are the only people in any industry who enable the practice of your craft. You can’t do anything without them as the fast closing productions around town prove. They are trying to lift the tide that floats the boats of everyone.
Have the studios taken that good care of you that you? Are you really for them making and not sharing all the revenue in the future? Are you truly loyal to the studios? Do your studio bosses respect you? Who do you hate more the writers or the studio suits? Or are you mad because it isn’t about your money this time? Finally, have you ever been proud of something you worked on? have you ever been less than proud for a project that was just a paycheck? What was the difference in those projects? I bet it was the writing and talent involved with the project that determines whether there is pride or just a paycheck for you.
Isn’t the nature of a republic like ours designed for the worker to try to get as much as he or she can for whatever work they choose to do? Or do you believe we should all be happy with whatever money any corporation offers you like an indentured servant? Please explain your answers fully.
Comment by ReelBusy — November 8, 2007 @ 5:13 pm
AR (2:22) is right. I am advising my clients who can make this happen, and get the advertising dollars for it, to take the fight to the AMPTP and unite the showrunners to start their own network on the internet.
Tell me advertisers wouldn’t be lining up for the next show from Kelley, Kring, Chase, or Milch. They make an announcement like that, let’s see how fast the AMPTP settles this thing.
Comment by Agentatanotheragency — November 8, 2007 @ 5:13 pm
CBS has every right to sue their Showrunners. The Question is: Is it in their Best Interests to do so?
I don’t think so… this town is based on relationships and let’s face it, Talent Drives Content Profits, not Suits, so yeah, bad idea.
As far as launching a Nuclear Lawsuit against AMPTP for shady accounting practices designed to deprive Talent from their just residuals.. yeah, of course the Studios won’t agree to open their books. That is why we should sue them to force them to. New Line just lost a high profile suit.. and there will be more coming down the pike. Peter Jackson alleged he was owed over 100 Million and he may be right as well.
If you all may remember in the late 90s, the Administration “relaxed” Accounting principles and reporting and within a year Wall Street was robbing their shareholders blind. That was reversed, same thing here. A WGA suit would need an Independent Accounting firm to do their own Study and show Cause to a CA Judge that the Studios are practicing a shell game to screw talent out of residuals and may be depriving the State and Feds from taxes as well.
The Studios have been doing this for decades and just now it is coming to light through Independent lawsuits. Why not have the Unions band together, SAG, WGA, WGA and launch a suit against these Studios to “force” them to open their books. I bet you there is so much misappropriation of funds and book cooking going on that it wouldn’t be difficult in the least to get their attention. As mentioned, if found liable there could be Civil as well as Criminal penalties for these Corporations. Not good and they know it…
If they owe Peter jackson 10 million, I imagine they owe the rest of us close to a half Billion. Not good if a jury agrees with that.
It’s all about intent and there is no doubt in my mind that the Studios have been, are, and will continue to intentionally deprive Talent of their share. That is the beast we are dealing with.
David V Goliath, but Goliath’s ankles can be weakened with a few swift blows and bring him to his knees.
Comment by PJ — November 8, 2007 @ 5:21 pm
Note to IATSE, Teamsters, and all other below the line workers who are pissed off by the strike: The Motion Picture Health Fund (which pays your medical bills and is your only health plan) IS FUNDED BY RESIDUALS. So when network television and cable slowly fade away, your only hope for pension and health benefits will be the residuals coming in from new media, or electronic sell-through, or whatever you want to call the next distribution systems.
So curse the Writers Guild for striking today, it’s your future too. Dumbass.
Comment by Elrod — November 8, 2007 @ 5:30 pm
I imagine it’s hard to be fair and balanced when one side is making news all over the streets of tinseltown and the other side is issuing press statements and letters from attorneys and otherwise dummying up.
The writers have recovered from their initial PR mistakes and are clearly in control of the narrative now. The story is: Hollywood talent rising up in support of writers…producers act like thugs in response.
Comment by dzzrtRatt — November 8, 2007 @ 5:39 pm
why are only the tv showrunners getting pressure? what about all those movie hyphenates? JJ Abrams? Judd Apatow? Joss Whedon? Why aren’t those guys being pressured to shut down their 100 million dollar movies?!
Comment by jenny — November 8, 2007 @ 5:39 pm
If there is one person who is always refered to as the Lew Wasserman of this era it’s David Geffen. He should step in and try to get them to sit down. Wasserman was able to do things like this because people not only respected him but FEARED HIM! How many people really refuse Geffen when he picks up the phone? Shit, I’m nervous just posting about him! lol
Comment by realworldperson — November 8, 2007 @ 5:40 pm
Any sort of list on who the 115 were? Hats off to them!
Comment by Diane — November 8, 2007 @ 5:48 pm
It’s not that simple,
It is that simple because in television writing, producing is the same as writing. Writing’s not just the words on the page but structuring the story which means editing, cutting, etc. The actual logistical producing is done by the line producer, upm, production manager, etc. The showrunners run the show as creatives i.e. writers.
How is the AMPTP NOT collusion? The showrunners should be able to band together if the studios can. Fair is fair.
Comment by FlyBy — November 8, 2007 @ 5:59 pm
I used to work for a high profile commercial civil lawyer. Rich companies sue each other as a matter of course whenever they wish to intimidate, threaten or sometimes even as a feint in the middle of hard negotiations. They often never intend to bring it to court. I don’t want to eat my words here, I really hope they don’t actually end up bankrupting the showrunners. But if I were to bet, I’ll bet they won’t. Even if they do, the showrunners can play legal games for months with fuzzy definitions of “writing” and “producing” duties. The lawsuits would be dropped or they’d end up being settled in arbitration years from now.
Which is all to say: keep the faith, showrunners. The AMPTP is bluffing.
Comment by Anonymous — November 8, 2007 @ 6:11 pm
This is amazing reporting on the Showrunners. I just hope this all ends soon enough so that they can get back to making the shows they love.
Speaking of ending is sooner, United Hollywood (.com) posted a link to an online petition at 12:22 p.m. PST. Just six hours later they already have 4800 signatures.
Sign it if you want to support the writers.
Comment by Jimmy — November 8, 2007 @ 6:18 pm
When the studios start paying the estates of golden era actors for the reuse and reruns of any movies made before 1960 then we can start talking about the current situation. The current crop of writers and actors do not compare to the likes of the classic era. Now that’s a rip off.
Comment by kathy o'brien — November 8, 2007 @ 6:37 pm
Looks like this household won’t be watching “My Name is Earl” anymore.
We will, however, turn the TV back on at 8:30 to watch “The Office.”
Comment by TvFan — November 8, 2007 @ 6:47 pm
I can’t tell you how much it meant on the picket line. At my studio, nobody really talks about what they write. They might say “movies” or “TV.” So yesterday it was funny to see some of my favorite compatriots suddenly off the line…where were they? At the showrunners picket and meeting. And then today they reappeared to brief the rest of us from all our other parts of the game. I have a lot of admiration for these guys…they’re standing up for what’s right, not just for themselves but for everybody. We’ve got guys right out of Film School walking alongside Emmy winners and nobody gives it a thought. The closest thing that Moonves comes to that kind of equality is when his caddy hands him a golf club.
Not only are we out to win this thing…we’re not going to forget who these guys were, and what they said and did to try to F**k us out of what we deserved.
Comment by Go Diego Go! — November 8, 2007 @ 6:53 pm
Screw those dummies at Paradigm… They passed on me.
Comment by One Time Sitcom Writer — November 8, 2007 @ 7:02 pm
Bottom line..Bring on the negotiations!
“Now, too much of nothing
Can make a man feel ill at ease.
One man’s temper might rise
While another man’s temper might freeze.
In the day of confession
We cannot mock a soul.
Oh, when there’s too much of nothing,
No one has control.”-dylan
Comment by Veteran Agent — November 8, 2007 @ 7:16 pm
These petty, angry ignorant posts from the IATSE member are ridiculous - he has misdirected his fury - let him get furious with the studios and nets. They are the ones being greedy (not that we all don’t appreciate the IATSE’s “clever” wordplay to create his Writers GREED of America — hee hee - see, writing is ez!!) And when you are working on a show again someday - instead of sitting around and seething at people who make money than you - you should step back and thank the showrunner/creator of that show - it is his/her’s ideas that create hundreds of jobs for people. Look, it’s the oldest fact in the book - writers get no respect and finally we are fighting back. We do NOT want this strike but it is the studios and the nets who have not even tried to find a middle ground on the proposals. (And why don’t you sit down tonight and try and write that spec pilot - see how that turns out for you - see how EASY it is to write a good script).
Comment by skoonix — November 8, 2007 @ 7:20 pm
How incredibly one-sided all these comments have been on here.
From
http://news.yahoo.com/s/nm/20071109/en_nm/screenwriters_strike_dc_7
Finally, someone actually mentions that this is a millionaires-against-millionaires scuffle.
But the production halts have thrown many hundreds of crew members out of work, from hairstylists and makeup artists to camera operators and carpenters, with fallout rippling through the local economy.
“That’s the sad story, because the studio executives are not going to suffer, the union leaders are not going to suffer, the writers that are striking, they are not going to suffer. Those are all people that have money,” Schwarzenegger said when asked about the strike.
Comment by P — November 8, 2007 @ 7:28 pm
Maybe the WGA should have the showrunners of the dozen or so shows that are actually profitable stay out, but have the rest of the showrunners whose shows are running massive deficits go back to work.
Comment by semiserious — November 8, 2007 @ 7:30 pm
FYI, Nikki:
LA Weekly delivery wouldn’t honor the picket lines today. Ironic? Probably not.
Comment by Writerguy — November 8, 2007 @ 7:43 pm
Color me doubtful that Les Moonves is acting on a whim, or that the lawyers call their own shots.
This strike is stupid from a business perspective, i.e. a mutually agreeable deal could have been reached, if the studios and really the top executives responsible to share holders did not think that the only way to make money on a continuing basis is to screw the writers, showrunners, actors, and just about everyone else.
Are showrunners “that irreplaceable?” IMHO no. It’s not as if TV is particularly high quality or attracting large audiences, even factoring in audience fragmentation via cable/satellite growth. Nielsen reports that while female viewership has not declined radically, male viewership has (translation, guys are not even watching History Channel anymore, instead it’s Xbox and Halo 3, Call of Duty, etc.).
That last economic shift: men abandoning TV/movies for Video Games because of Hollywood’s creative failure is to my mind the reason for the Studio’s otherwise stupid moves. What the writers are asking for seems very reasonable and minor — only fear of a dying Detroit-like industry to me explains this strike.
And the letters by CBS to the showrunners. Very likely the conclusion is that Showrunners ARE replaceable. Given current viewership levels.
Comment by Jim Rockford — November 8, 2007 @ 7:56 pm
any thoughts on the la times coverage? i’ve been disappointed.
Comment by not a showrunner — November 8, 2007 @ 8:33 pm
LOVE IT!!! I heard from my agent that the producers side is freaking out because with all the ‘planning’ they did not anticipate Greg Daniels picketing his own show and Steve Carrell not showing up.
Shonda Rhimes, Joss Whedon, all of you who aren’t performing producing duties - THANK YOU THANK YOU THANK YOU.
And what a lame threat; they are not going to sue their cash cows.
It’s sad, but the more shit that gets shut down, the more freaked people get, the quicker this ends and everyone gets back to work. I wish/ hope feature directors would be so bold.
And who says the WGA doesn’t want to be at the table. We do! But we can’t negotiate with ourselves.
And the b.s. about writers being greedy. Are you kidding?! We got here b/c we have a history of being too polite when it comes to money. Now we’re on ther verge losing future earnings.
One strike Irony: I miss Daily Show’s killer writing that would make lovely hay out of this.
Whoo! Tomorrow’s gonna be a doozie!
Comment by Girl scribe still walking — November 8, 2007 @ 8:55 pm
I’m not a showrunner so it’s impossible for me to put myself in their shoes, but I feel a showrunner is a writer first, and a producer/editor/director second. Crossing the line to edit a show benefits the companies by delivering a regular product during a strike period… effictively extending their ability to air quality material just when they should be feeling the loss of scripted programming. And let’s be honest here, how much magic can Greg Garcia add to “My Name is Earl” in editing anyway?
Comment by anonymous — November 8, 2007 @ 9:27 pm
Hi, it’s me, the “just a fan” guy again. I’m very impressed with what the showrunners and many actors have done in showing their support. It seems the past 24 hours have seen a surge of momentum in energy and public support, and I never would have expected it considering the state of unions today in the public eye. You beat the studios to our hearts (well, many if not most of them!). Keep it up! Oh, and CBS? I’ll remember what you did today.
Comment by Robert in SF — November 8, 2007 @ 9:39 pm
re Millionaires vs. Millionaires
I am a pretty successful writer. My name was on the ad in Variety today. I would guess I am in the top earning 25% of feature writers. That’s being conservative.
I ain’t a millionaire.
The figures you see thrown around about writers earning an average of $x are always based on *working* writers, ie writers who worked that year.
However in this business it is quite possible to go several years without working. It’s just part of the life.
That means the $x average for ‘working writers’ is meaningless. It’s like saying that the average payout for lottery players is a million dollars, and ignoring the people who lose.
Comment by Almost on the A list — November 8, 2007 @ 9:50 pm
As a writer, I could not agree more with the showrunner who said: “Why are we trying to hurt them? Let’s try to get them to negotiate.”
This strike is not about tearing our industry to bloody bits just to show the other side we can flex our muscles, it’s about negotiating a fair contract. And to do that, BOTH SIDES NEED TO SIT IN A ROOM AND NEGOTIATE.
This morning the WGA sent us an email essentially saying, “We’re not negotiating until THEY ask US.” Are you kidding me? What is this, some sort of 2nd grade staring contest? Who cares who asks who to negotiate, just suck it up and start talking! This “I’m not budging until you budge” bullshit is egocentric, and wreckless, and has already cost thousands of people their jobs.
We’re doing our part on the picket lines, now our guild leaders need to do their part by getting back to the bargaining table.
Comment by Writer 310 — November 8, 2007 @ 9:56 pm
I spent 20 years working for television production companies (both small and large). As someone with first hand knowledge of sabre rattling and the fine art of CYA, I suspect that the threat letters served a number of purposes — not the least of which is to lay the groundwork for one hell of an insurance claim for all the shut down productions.
Comment by wackiland — November 8, 2007 @ 11:20 pm
Fine. The show runners are united. GET THE STORY OUT TO THE PUBLIC. They still haven’t heard our side enough. I can’t tell you the number of people who haven’t heard our side of the story. It’s all about public perception. Finally the big and small creators are united. Do PSAs. Bombard the web. Offer 100,000.00 as a prize like National Treasure is doing for something the public can get involved in. Publicize like crazy.
And seriously, PUBLICLY start talks with Bill Gates about starting a sixth, internet networks. One that will have a clear field because the WGA will agree to only settle the strike when utterly favorable terms are offered by the other networks.
It doesn’t matter if these discussions go anywhere, let’s just watch the apoplexy the moguls will have when the ghost of competition is raised.
And for those that say “what about the film writers?” It’s true, the battle is being waged mainly about TV, but frankly, that’s where the studios are most vulnerable, so hit them hard and drag films alongside as well.
Comment by anotherWGAmember — November 8, 2007 @ 11:34 pm
Good clarification “Almost on the A list” but I’d like to add that just because a writer earns six figures, doean’t mean they are even close to ” millionaire. In LA, earning $100,000 per year keeps a family in a middle class lifestlye - and that means renting, not buying. I’d imagine there are a lot of writers earning around that amount. It’s a cofortable living, but not luxurious in any way, and certainly not impervious to a 6 month strike!
I’m really pissed that people are trying to soin this into a rich against rich battle. It’s filthy-friggin rich against middle class.
Comment by What? — November 8, 2007 @ 11:37 pm
“Millionaires vs. Millionaires”
The idea that every writer on strike is a millionaire is ridiculous. Sure, there are some wealthy guys out there on the line (although you’d never know it by their wardrobe. I saw a multi-millionaire showrunner the other day that looked like a hobo), but many of us, most of us probably, are not millionaires.
As for Arnold’s “the writers that are striking, they are not going to suffer” crap? I won’t even be a thousandaire in a couple months. How’s that?
Comment by One Time Sitcom Writer — November 8, 2007 @ 11:47 pm
These ideas about writers and producers starting to produce everything online are completely unrealistic. Yes, the internet is the future of TV - future being the operative word. They’re aren’t enough people watching TV online regularly to support network-style television. Do you want to watch TV on a computer screen? TV is still the preferred way to view - people watch shows online if they want to catch up on what they missed or if they want to see old episodes of a current show that’s not on DVD yet. Sometimes they watch for extra bits of their favorite shows. People are watching a lot of short online videos, but long-form video viewing online is still a pretty tiny part of the market. It probably won’t become a dominant force until we all have computer/TV combos in our living rooms.
And it’s not as simple of getting an internet site and putting up your shows. You need to sell ads for the shows. Maybe you’ll get to keep a bigger cut than you do now, but the revenues that online video is bringing in at this point is a fraction of what broadcast and cable bring in. The market just isn’t there yet.
I hope the WGA is better informed about online video than most of the writers doing the posting here.
Comment by not a writer — November 9, 2007 @ 12:26 am
I just want to thank Greg Gracia for keeping Earl on as long as he can. I have a friend on the show. She’s below the line and while she’s been planning for the strike, she still is going to be in a big financial mess in a few months if the strike drags on. At least Earl’s crew is getting a couple extra weeks to try and scrape together a little more money.
If the WGA really cared about the crews, they’d create an emergency strike fund for the folks they’ve put out of work. Oh wait…maybe they just could have kept negotiating instead of striking.
Comment by my friends are losing their jobs — November 9, 2007 @ 12:30 am
If the WGA really cared about the crews, they’d create an emergency strike fund for the folks they’ve put out of work.
That’s one of the best strike-related statements I’ve heard throughout this entire mess.
Comment by For the crews 2 — November 9, 2007 @ 1:57 am
This notion of taking all content to the Net is really pie-in-the sky time. I’m not in showbiz content, but the tech side of delivery, and I can tell you that most of the smart money viz. content delivery in the future is NOT on the Internet, but rather the “IntrAnet”–vod, etc, delivered by the pipe the cable companies have running into the home. This is the future of content delivery. “The Internet is dead” to quote the Mark Cuban types, for reasons too lengthy to get into on a post. I’ll admit my ignorance on some of the deal points that have led to this strike, but I keep hearing about “new media” and “the net”. If I were you’d I’d forget about the WWW and make damn sure you’re paid every time someone orders up content from the cable company on demand. This is where the $$$ will lie in the future, IMO. If you’re striking over only re-use etc on the net, that’s a tragedy.
Comment by Tech Fella — November 9, 2007 @ 8:43 am
Fantastic comment! I agree that it’s one of the best strike-related statments put forth. Especially in light of what I read at http://hollywoodinsider.ew.com/2007/11/writers-strike-.html
Most of the blogs and interviews of the showrunners of “Smallville” and “Criminal Minds” that I’ve read all say that no one wanted a strike. And they probably think that. The idea that no one from the WGA wanted to strike seems reasonable.
However, in the article, writer-director Joe Carnahan (Narc) says that to him the strike was going to happen no matter what and that he would have padlocked both sides into a room until they had hashed everything out. He even adds that some writer-directors feel that the strike agreement is kind of neo-fascist.
Go and read the article. I don’t think I’ve done it justice. It’s spin on the strike is very different than the official WGA version.
Comment by harmier — November 9, 2007 @ 11:47 am
Is it me or has this whole thing gotten out of hand. It’s take a turn for the worse, and if it continues I think Hollywood’s going to find themselves in a world of hurt.
Comment by intellitainment blogwriter — November 9, 2007 @ 7:38 pm
As a former Editor’s Guild member I’d like to say that I don’t think ALL IA members hold the writers in contempt.
I know that I wholeheartedly supported the writers during their last walkout and I support them today.
Union membership or not, I do believe it is in the best interest of ALL related crafts to stand by the WGA members despite the hardships created and despite the inconvenience. Remember, it might be YOUR TURN NEXT someday.
Should I ever relocate to a town with heavy signatory coverage I will once again join the union that covers both my editing and my shooting skillsets and I want writers to know that I appreciate their situation.
Comment by Jeffery Haas — November 10, 2007 @ 7:31 pm
To “my friends are losing their jobs”: You mean something like the Union Solidarity Fund? Or the MPTF? Or the Actors Fund?
Comment by Evan Waters — December 3, 2007 @ 12:14 pm