FRIDAY UPDATE: WRITERS STRIKE AT 12:01 AM MONDAY; Zero Chance Of 11th Hour Settlement
LIVE-BLOGGING Thursday PM: I just heard from a source attending tonight's Writers Guild Of America general membership meeting that the exact timing of the writers strike will be decided tomorrow, then announced in the afternoon. The thought was the labor action would begin early Monday morning when writers could turn out en masse for the TV cameras and set up picket lines which the Teamsters wouldn't cross, causing headaches for production at the studios and networks. In response, the producers' rep Nick Counter said, "By the WGA leadership's actions at the bargaining table, we are not surprised by tonight's recommendation. We are ready to meet and are prepared to close this contract this weekend." But earlier in the day, Counter had claimed that, "due to overriding business reasons, no further progress can be made".
The Screen Actors Guild will be joining the WGA picket lines, and the writers guild said SAG has stayed in the background of all the negotiations. The actors' contract with AMPTP doesn't expire until June 2008, so SAG's president told the WGA members tonight that the actors guild cannot strike now but supports the WGA "100%" and will walk the picket lines with the writers. Meanwhile, the meeting heard from the guild leadership that the Teamsters are getting threats from studios (no proof was offered) after Leo Reed's "Hollywood" Local 399 -- aka the Motion Picture and Theatrical Trade Teamsters which reps over 4,800 studio drivers, casting directors and location managers -- urged members to honor the WGA's picket lines. I'm told a statement from the current General President of the Teamsters (not just local 399, but all of the Teamsters) was read with copies posted on the doors. It specifically stated the Teamsters support for the WGA and that individual members have the right, through the
"conscience clause" in the Teamsters contract, not to cross the WGA's picket lines.
The WGA leadership said tonight it waited until the writers contract expired at midnight on October 31st to see if the Alliance of Motion Picture & Television Producers prez Nick Counter came up with a last-minute (and expected low-ball) offer -- but he didn't. So now the Hollywood writers walkout is a reality. The WGA leadership gave final authorization for a strike and will email all 12,000 members tomorrow afternoon the exact date and time that labor action will begin. Tomorrow, the WGA West & East board decides when is the most opportune moment for the walkout.
Tonight's WGA meeting inside the Los Angeles Convention Center was attended by thousands of guild members. 
(Variety put the figure at 2,000 first, then upped it to 3,000 out of WGAW's 7,700 members; my sources say more were there than that.) Every seat was full, and scores more people were standing. The confab was, in a word, packed. Not only did everyone show up right on time, but by 7:30 pm the meeting was in full swing. WGAW president Patric Verrone and company got a 5-minute standing ovation when they entered. Attendees counted more than 20 standing ovations during the meeting, with more applause breaks than anyone could keep track of as well as a steady stream of clapping as WGA Negotiating Committee toppers John Bowman spoke first, saying, "If there's a strike, it's because eight CEO's want one," referring to the moguls who run Hollywood and Big Media. Cheers and applause rose from the crowd when the WGA's negotiating committee's Dave Young announced its recommendation to strike.
There were also big laughs, a huge gasp, and even one round of boos all aimed at the producers. This Guild leadership is often described as hardline, but tonight's membership at the meeting appeared even more hardline than their leaders. (Of course, anyone willing to trek down to the downtown LA Convention Center in rush-hour traffic must be a militant.) When one of the Guild leaders talked about some of the concessions they made during the bargaining in order to try to jumpstart the talks, there was dead silence. Then palpable anger from the audience. "Take those things back," and "Don't give them anything!" was shouted by individual members, followed by bursts of applause.
Friday morning, the WGA issued this statement: "Thursday night, nearly 3,000 WGA members packed the LA Convention Center. At this meeting, the largest membership meeting in Guild history, writers heard the WGA Negotiating Committee’s report on the status of negotiations. The Negotiating Committee reported that the AMPTP had called a halt to negotiations by demanding we accept the extension of the current DVD formula to new media. They also reported that in three months of negotiations, the AMPTP has not responded in any serious manner to our initial proposals. The Negotiating Committee then announced its unanimous recommendation that the WGAW Board and the WGAE Council call a strike. Members spent three hours in frank discussion of the Negotiating Committee’s report and recommendation. The membership expressed their anger at the Companies’ refusal to bargain seriously, and voiced their overwhelming support for the Negotiating Committee, Guild leadership, and for the bargaining agenda of the WGA. The WGAW Board and the WGAE Council will meet Friday to consider the recommendation of the Negotiating Committee and to decide the next steps. The decision of the Board and Council whether and when to strike will be communicated to the membership by e-mail and through the Captains system, and will be posted on the WGAW and WGAE websites."
For background on the WGA strike, see my 12:01 AM: Writers Contract Has Expired.
EARLIER TONIGHT: Not even Writers Guild Of America bigwigs are sure exactly when the writers walkout will begin. But all will be explained at tonight's general meeting at 7 pm inside the Los Angeles Convention Center. (Could they have chosen a more lousy location?) One top WGA source speculates to me that picketing will start as soon as a strike is called, and that could be as early as tomorrow. (But wouldn't they want to wait until Monday when writers can turn out en masse for the TV cameras?)
Just now, the Alliance of Motion Picture & Television Producers President Nick Counter issued this very negative end-of-day statement (continuing to refer to DVD residuals when what he really means is electronic sell-through residuals): "Due to overriding business reasons, no further progress can be made because of the WGA’s continuing efforts to substantially increase the DVD formula. We are ready to meet at any time and remain committed to reaching a fair and reasonable deal that keeps the industry working, but the DVD issue is a roadblock to these negotiations."
Tonight, a member of the WGA's new Communications Committee blogs where the guild stands on the issues:
''What's the biggest issue? Internet and New Media
What are we asking for in Internet and New Media? Two things: 1. Residuals for reuse of content (like replaying tv shows) on the internet. We're asking for residuals of 2.5% of revenue -- that means for every dollar they get paid, we'd get 2 and a half cents. It's a flat percentage, so if they're right and they're never ever going to make a penny, well then, we won't either. No harm, no foul. Since 2.5% is our starting point, in any normal negotiation we'd end up somewhere between what they want to pay (.3%) and what we're asking for (2.5%). I'd guess 1 to 1.5 %. 2. Coverage and protections for original content (new stuff we create for the internet.) We're asking for basic protections so that when we write original stuff for the internet, we have rights -- health and pension, minimum amounts, credits and separated rights (so if we make some amazing character or show, we get the right to share in its success.) We're just asking for the same protections we already have for writing in TV or film. Nothing new or weird. Just the basics.
What are the other issues? DVDs: Currently we get .3% per dvd, we're asking for .6%. Translation: now we get 4 cents per dvd. We are asking for 8 cents per dvd. Since most DVD's cost at least 10 bucks, that doesn't exactly seem like a bank-breaker. Whatever. Enforcement of Coverage: There are lots of shows, like game shows, documentaries and talk shows, where writing is supposed to be covered under our contract. The companies sometimes just ignore the contract -- which means folks don't get health and pension, and if they ask for it, they get fired. We want them to stop that, and honor the contract they signed. Expansion of Coverage: We want to cover stuff where writers are working without coverage, which means without health and pension and other protections. The two big areas are animation and reality. We think those writers should be covered.
You don't actually think you'll get all that, do you? Personally? I think in a perfect world, negotiation involves, well, negotiating. That's give-and-take, where we get some of what we want and they get some of what they want. So far, they just keep showing up at the table with more and more things they're saying they're going to take away -- rollbacks on health and pension, gutting of separated rights, that kind of thing.
But they gave back those resid-whatever-thingums, right? Sort of. They took that one rollback off the table -- but since they're not moving on "digital delivery", and since pretty much all content is going to be digitally delivered in the coming years, well... we'll lose those residuals as soon as that happens. So without internet coverage, it doesn't mean much.''
Hey, who wants to go out for a drink after the big meeting?
Comment by Schmuck w/o Underwood — November 1, 2007 @ 5:11 pm
22 years ago Nick and the studios asked for a good faith deal to test out new home video technologies, the agreement being that the residuals would be increased after a trial period but of course that never happened. Nick is continuing to break a 22-year-old promise and there’ll be no deal as long as he represents the AMPTP. If the studios and nets are serious about making a deal then the CEOs themselves will step in to stop what will otherwise be a long Counter Strike.
Comment by Pen Boy — November 1, 2007 @ 5:25 pm
“We are ready to meet at any time…as long as you are willing to stop asking for what you want.”
A canny negotiating ploy.
Well played, sir!
Comment by firebfireboyoyFireboy — November 1, 2007 @ 5:27 pm
What most are failing to realize here is that this isn’t Counter’s strike…the studios and networks WANT THIS STRIKE for several reasons…reducing overhead…getting rid of bad deals…the fact that studios have enough inventory to keep the biz going until 2009 and possibly beyond, makes this a bad, bad future for writers and everyone involved with the industry that doesn’t have the backing of a big conglomerate behind them.
Another thing the writers fail to realize is that the strike in 1988 ended not with the producers coming back to the table wanting to deal, but several high-powered writers going to their guild saying they were going FiCore in a week…settle the strike or we are crossing the line. The strike was settled 72 hours later.
The studios, nets and producers can handle a strike, but five months down the road, after small businesses shut down, restaurants close, and people start moving families out of their houses…where will we all be.
The writers are right in their demands, however the reality is a harsh one for everyone involved.
God Bless and good luck to all if there is a lockout/strike.
Comment by Agentatanotheragency — November 1, 2007 @ 6:08 pm
A strike will only work if IATSE and Teamster members voluntarily refuse to cross picket lines. That way, all those stockpiled primetime TV scripts
will be useless and every production will shut down ASAP.
Comment by tom r. — November 1, 2007 @ 6:35 pm
I hope this gets out to the mainstream press.
These are simply not unreasonable demands.
Comment by Jimmy — November 1, 2007 @ 6:56 pm
I find it horrible that it is not a given all unions will respect the picket lines. This is how the studios will win. If directors, editors, writers and anyone else creative shared the same union, we would never need to strike, the mere threat of that mass strike would force them to talk to us about new media rather than say we won’t even talk about. The time to strike is now. They had months to make a move and the studios played hard ball. So time to play it right back. While there is a strike
I hope we consider joining the unions and sharing our power together rather than just sharing signs and walking on the side walk together. I refuse to give up my idyllic vision for us. As younger person in this industry who directs, composes music, acts, edits, writes and can but does not like to operate his camera and produce unless need be, I really hope the one union idea starts to look more appealing.
Making a movie is collaborative process no one can do it all alone, we need each other, this extends to this moment.
Comment by The Hyphen — November 1, 2007 @ 7:23 pm
I find it all very interesting. I’m a software developer (or software writer if you prefer). I work for a good company, and I’m paid a fair wage for my time. I have no claim whatsoever with the software that I write for my company, they are free to use it in whatever way they see fit to earn the company profit. If I feel that my company is being unfair, I’m free to go work somewhere else. That’s the way a free market society works, I really don’t understand you writers thinking that you have claim to material that you are PAID to create. The studios should be free to use that material however they see fit, they own it. They are the ones taking the risk and putting the money up front for your salaries so you can write your stories. If your script bombs, do they have the right to withhold your salary for the time you spent writing that piece? As has been said before, the time for unions is over, this is a free market and the market should decide. I truly do feel sorry though for the middle and low tier writers who are going to be hurt by this needless strike, you and your families will be in my thoughts.
Dave
Comment by Dave — November 1, 2007 @ 7:39 pm
I agree Hyphen. I’ve said it before and I’ll say it again: Form an Alliance of Motion Picture and Television Guilds that negotiates with the AMPTP for every contract.
Comment by Jimmy — November 1, 2007 @ 7:42 pm
Dave,
I see your point, but I grew up in Silicon Valley, I am 30 now and when I was a kid my mom worked for ATARI when it was HUGE and before Warner Bros bought it. She said unions came into town and tried to set up shop, but since everyone was so well paid and respected by their companies, unions could never take hold in Silicon Valley.
Silicon Valley is not Hollywood. SV is awesome and people for the most part are cool and treat each other well, this is not Hollywood. Writers who give birth to 99.9% of the projects are abused by their employers and agents. It’s not fair to say after I write it, that’s the end. Cause that’s not how it works and that’s not how the contracts are made. It’s not just about selling something to them and trying to impose rules on what they can do with it. It’s about working conditions, getting your rightful credit and respect.
So if studios were fair and writers were treated great and paid well, we would have no need for a union and only use agents. That is not reality, hence unions.
Comment by T — November 1, 2007 @ 7:57 pm
So does SAG joining the picket lines mean they will walkout? Or does it just mean in their off time they will join the picketing? I work for one of the big studio’s in the IT department and know that my job will be one of the first to go if all production is shutdown. I just need to know if I should be looking for a new job tonight.
God, I can’t afford this!!! I feel for the WGA and their plight. I think they are being reasonable for the most part, but I am just one of the collateral damages that will result from this.
Comment by Hooper — November 1, 2007 @ 8:07 pm
Dave –
Just curious: Does your employer, by any chance, give you stock options?
Comment by T — November 1, 2007 @ 8:18 pm
In response to Dave- I have this arguement with a friend of mine who’s not in the business all the time. He agrees with the famous Lew Wasserman quote that “everytime I flush my toilet, the plumber doesn’t get paid.” I respond that if you invented a valve to allow the toilet to get flushed, you’d get paid everytime one was sold. (I love comparing writing to the workings of a john.) Secondly, if you invented Guitar Hero and you aren’t getting a piece of the profits, you’re an idiot. Thirdly, as you can say so cavalierly “If I feel that my company is being unfair, I’m free to go work somewhere else.” Well, sir, it doesn’t work that way in this business. There aren’t any adds on craigslist for network writers. And you fail to take into account spec scripts which, believe it or not, do get produced from time to time, and for which the writer receives no salary, only the hope he can sell it.
The problem is corporations beholden to shareholders, thus having no long term view. How much money has “Desperate Housewives” made for ABC and Universal, where they rent the soundstages and backlot? How much did Marc Cherry receive from residuals that kept him solvent during his well documented hard times? If studios lose young talents to this strike, who will write the hits a decade from now?
Comment by john — November 1, 2007 @ 8:24 pm
I am a working feature writer. I grew up in Palo Alto and many of my friends are in the software business. It’s a totally different business model. In fact, the majority of my friends who work in the computer industry get stock and stock options for the companies they work for. If Film and TV writers were given stock in the parent companies for which they do work, or even options to buy, I think things might be different. But as we know, only the big producers and top execs get stock and they don’t want to share in the success of their companies with their employees, hence, the divide. Let’s be strong, WRITERS, our cause is just.
Comment by METinker — November 1, 2007 @ 8:25 pm
Video Game Dave-
I am a very well paid screenwriter, the type that gets blamed for making movies so expensive. Do you know why I am paid so much? Because it is cheaper for the studios to pay me alot of money than to cut me in as a gross player. That’s how much money we’re talking about. I have offered to work for wga scale on multiple projects for a .5 % ownership stake; my thinking being we will share the risk, share the reward. Biz affairs execs tell me they will never be allowed to make this deal, they would rather pay millions of dollars up front than share tens of million down the road. With the exception of video games and Hollywood, the writer owns the material in every other genre (songwriting, books, plays, musicals…). We are asking for a tiny fraction of that ownership. An insignificant noncontrolling share. Do you see the disconnect? The studio argument is stands on feet of clay.
Comment by ben Gardner — November 1, 2007 @ 8:30 pm
Dave, I can understand why you’re comparing film and television writers to your own experience. That makes sense. This concept confused me for a while as well.
But there is a unique part of writing for entertainment that is a little different than your situation.
For you at a software company, you are writing code for software that was developed by that company. They own the trademark or patent on the software. You are being hired to build it.
In a movie, the writers are the “original owners.” Every movie starts with a script. Sometimes the idea is originally all theirs, sometimes it comes from another idea, and sometimes it comes from selling a pitch about the idea. But even if the idea comes from the studio, it’s not a complete, executable idea until there’s a script. And that’s what the writer creates.
The writers are the ones who come up with the idea for the “software”. So, in your analogy, they actually start off as more like the owners of the company, their movie, not the employees.
Now, what they do with their great idea is then sell part of their ownership writes to an investor. A studio, or a network, for instance. Sometimes that deal was arranged in advance, sometimes it wasn’t.
That investor’s money and distribution abilities have a certain value. And so does the original idea they will invest in and try to sell.
So how do these partners decide the value of each contribution?
They negotiate.
The impasse right now is that writers and producers cannot agree on the value of their contributions at a minimum level. Writers think it’s higher than what the producers think.
And since writers are more correctly compared to “part owners” of the movie, there is an issue with the value of the product being reproduced, and resold.
I never hear anyone arguing that if an author sells more books that they should not get paid more. That was their idea. If it sells a lot, why wouldn’t they earn more? Same with songwriters. They earn more for a hit than they do for a dud.
And paying the “original owners” a fee to reproduce and resell their idea is a cost of production. You pay the people that make the software box right? You pay the people that make the manuals and disks, right? And if the software idea was licenced from another party, you pay that person for the copy of the software that goes on that disk.
But you’re also right that the people investing the money are putting out the biggest risk and should receive the biggest return.
Writers know that. But they have to fight for the value of their contribution as well through negotiations of contracts.
That’s why the DVD residual demand is .6 percent. The company gets to use 99.4 percent for it’s other expenses. Is that unfair?
For internet re-use of that which the writer is “part owner”, 2.5 percent for those downloads that are paid for and have ads (like television). Not the free ones. They’re not asking to get money if their partner isn’t. So, 97.5 percent stays with the company for their other expenses.
By the way, the “part owner” also gives up their ownership when the idea is bought. They give up their copyright. Playwrights and book author’s don’t. And that value is also added into the minimums.
Unfair?
So Dave, develop some original software that is your idea. Find an investor who licenses the idea and invests to get it produced and sell it. See what deal you get on upfront fees and residuals.
I bet it will be better than what writers currently get when they write a movie.
Comment by Jimmy — November 1, 2007 @ 8:53 pm
2000 out of 12000 members?
Comment by Fred — November 1, 2007 @ 8:54 pm
To The Hyphen re IATSE” it’s my understanding that there is a “no strike” clause in their deal and that they are unable to strike while their contract is still in force. It’s not that they aren’t respecting picket lines, it’s that they deal they negotiated previously with producers specifically forbids them from doing so.
Comment by Palmer — November 1, 2007 @ 9:24 pm
There was no Internet during the last writers strike. Should be interesting…
Comment by Webber — November 1, 2007 @ 9:28 pm
Dave,
The truth is, in today’s marketplace, screenwriters very often write scripts on spec, creating them on their own time and their own dime. Unlike 50 years ago, screenwriters are no longer employed under long-term studio contracts, but are, rather, as a group, freelancers, working job to job. When writers are hired for rewriting or adaptation assignments, it is usually on a per-project basis too.
Silicon Valley provides a poor basis for comparison, as the environment up there lends itself far more readily to start-ups and marketplace innovators. The sheer number of competing firms leads to generous salaries and profit sharing.
In Hollywood, the situation is quite different. The distribution channels have become increasingly centralized, falling under the control of multi-nationals with deep pockets. This has in turn swung the balance of power heavily in favor of the studios and their corporate parents. While I can understand questioning the specific methods of the WGA and other entertainment unions, I whole-heartedly disagree that they have grown irrelevant. In fact, given the current market dynamics, one could certainly argue that they have never been more necessary.
Those of us who are not in the top percentile of WGA wage earners make little more than an average income, and we work with little or no job security - that is, if we are lucky enough to make any money at all. The Guild allows us to put away a little into a pension, and it allows us to earn health coverage. We work long hours, and we have to continually fight for a level of workplace respect that our counterparts in other industries take for granted.
We write because it’s what we love to do. The last thing most of us want is a strike. The labor unrest has already has cost me dearly, and I know I’m not alone. We can only hope cooler heads prevail and limit further damages.
Comment by Scott — November 1, 2007 @ 9:31 pm
I agree with Tom r. that this will not work unless the Teamsters and IATSE join forces to shut down production. The studios have deep pockets and will be fine, as long as they can continue shooting the scripts they already have.
This really sucks. We (my family) may very well not make it more than a month or two before we either have to declare bankruptcy or move in with relatives. We had gone “all-in” on a successful writing career here in Hollywood. And we were succeeding, too - until this strike. Basically, we’re ruined financially, and I’m waiting for the shock to wear off. I know thousands of others will face similar fates.
Comment by Pissed Off — November 1, 2007 @ 9:34 pm
Studios are in serious trouble and they know it. Every writer in town has been rushing to get material in before deadlines and their work has suffered as a result. Television studios especially are hurting right now as this comes in the middle of development season and no studio has anything that will be a pilot without rewriting.
The greatest threat to the strike is the few rich showrunning hyphenates who willingly want to violate A-H and have nothing to gain by striking with seven figure deals that mean the pennies from residuals really are pennies. Any writer who thinks of themselves as a producer first and writer second should use the pseudonym Benedict Arnold.
Twenty-five year-old residual packages based on an unknown and expensive home distribution system called VHS does not hold up to the current digital on demand market for new content. This industry needs satisfied creators for that content, and it starts with writers. Unfortunately, we’re all about to find that out the hard way.
Comment by StudioAsst&AspiringWriter — November 1, 2007 @ 9:39 pm
I think the writers are making a mistake by going on strike right now. They should have waited for SAG’s contract to expire and then go on a strike considering SAG has more influence and could have gotten them a better deal. Networks are stil going o have enough original stuff to last them till february. By that time the writers will start to run out of gas. A strike in June with the SAG would have been more beneficial as it would have completely shut down production and threatened the 2008 season.
Comment by Jack — November 1, 2007 @ 10:24 pm
Dave -
One question: Does your company pay you per game? Or are you paid a salary? My suspicion is it’s the latter. Well, that’s not the way it works for writers. We’re paid project to project, gig to gig. We depend on residuals to support us in between projects, in between gigs. Your situation does not apply to ours.
And, by the way, I know whereof I speak. I’m a professional writer who, in addition to writing for other media, have written four videogames.
Best,
Marc Guggenheim
Comment by Marc Guggenheim — November 1, 2007 @ 10:42 pm
Marc, I checked out your website and I love the latest release. Congrats.
Anyway I am writing in response to Jack’s comment at 10:24 PM. I just would like to say that Jack’s comment is irrational at best because the WGA would lose the leverage that it has now with the development season in full swing. Besides the studios and networks have thought that they would have time to rush projects. Not so with a strike date set for Monday at the latest.
Besides the actors union said that they would honor the strike along with the Teamsters. Come Monday, they might not have any choice because the AMPTP could decide the dissolve the contracts of actors, directors, and editors, and declare a lockout. I do realize that the legal system would then get involved, but the AMPTP, studios, and networks would be done and would have to give into creative’s demands.
I for one am looking forward to this strike because writers would benefit from all the information that they can produce. And that does include writers giving information via the picket lines and posting it on sites like You Tube. The WGA could even use sites to urge the public to totally boycott movie theaters this fall/holiday season, which would cause the studio revenue to collapse. Plus, if the only shows that people are watching start and end with sports, that is even better. Good Luck in making the AMPTP, studios, and networks crumble.
Comment by Jessy S. — November 1, 2007 @ 11:53 pm
Jack,
While having two unions on strike at the same time would be quite powerful, the studios were expecting the WGA to wait until June to strike and had more than doubled the number of movies they were going to put into production (150 in the first half of the year instead of 65.) The TV season (as far as producing the episodes) ends in March but the studios would’ve forced the shows to work until June, giving them a good jump on the upcoming season.
With all those movies shot, and TV episodes completed a strike at that time would have no power.
But by going early — taking the studios by surprise (at least a little) and definitely cutting into the TV season — well, it has more effect and a fair deal can be reached faster and everyone can go back to work.
And hopefully it will set a pattern for a similar deal with the actors and avoid them from striking as well.
(And Mark, keep up the good comics!)
Comment by Willie Lumpkin — November 2, 2007 @ 12:02 am
Pissed off~
There’s a strike fund that exists to loan money to writers in order to help them avoid bankruptcy etc. in strike time. Many availed themselves of it in the last strike.
A gentleman from L&O SVU spoke at the meeting tonight. He recalled the struggle he experienced in the long hard years it takes to break in and actually become a professional writer. It was worth it to him then, and he feels it is worth it to him now to be a writer even though it means he might struggle again.
Uncertainty is a part of our business, period. That’s with or without a strike. Every new season on the TV side we face cancellation and the possibility of not getting staffed somewhere else. As Marc said, we’re gig-to-gig in the best of times. This is a frightening time but I think also a good time to keep as cool a head as possible.
Comment by writer hyphenate — November 2, 2007 @ 12:31 am
Fred,
I was at the meeting tonight – it might have been 2000 people, might have been 3000, I don’t know, but that’s out of 7700 Writers Guild members on the West Coast (not all in Los Angeles, either). The remaining 4000 or so that make it a 12,000 member Guild are on the East Coast. It was a standing room only crowd, a stronger than expected turnout by all accounts.
Comment by Matt — November 2, 2007 @ 12:44 am
Just for the record, if the DGA steps in, and cuts another self-serving, Vichy deal, it won’t matter to us.
The DGA seems content to wait three years on the internet, for other, short term gains. We’ve waited 22 years for a reworking of VHS, and longer for cable.
Fool us once, ok. Twice. No.
And if the DGA sells us out again, we’ll know them for what they are. And we’ll wait for the deal we deserve.
The entire writing team on our show was heartened by the solidarity of the Teamsters, and somewhat embarrassed by the hubris of the DGA crew members. They get tiny pay-offs for sidling up to management, and they can’t seem to see the bigger picture.
Comment by Anonymous — November 2, 2007 @ 4:23 am
We don’t care if the public is with us b/c there’s no way they can understand how the business works. It’s too complicated. Our PR fight is with those in our industry - our peers.
The ironic thing is that when people complain about the shitty state of movies, they should blame our employers (who we are fighting against), not us. They DEMAND we make crappy sequels, re-makes, etc. If you don’t want Transformers, don’t contribute to it making 600 million! Writers don’t decide which movies to make. Not even close.
Also, we are fighting multi nationa corps who own Variety and Hollywood Reporter et al - so their coverage of the issue never shows that the guild is primarily a middle class group fighting for BASICS!!
And WANNABE WRITER - If those of us didn’t fight for you now, there would be nothing left for you to live on by the time you get to the party. Previous fights by the guild have done that for us, and we have to do it now.
The Key issue - is Electronic sell through and new media downloads, as well as the egregious issue of using writer’s work as “PROMO MATERIAL” for free, while they are already making a hefty profit off of it (so they brag to shareholders).
EXAMPLE: You can watch a FULL episode of THE OFFICE via NBC.COM and it is filled with commercials - the network gets revenue and the author of that work doesn’t get a dime b/c they call it “Promotion” of the show.
As we move toward the future, and TVS and Computers are one, this will be the MAJORITY of how people view content. You think you work should be for free? Does anyone work for free?
Every 20 years or so, there’s an issue worth fighting for - this is ours.
Comment by Sailor — November 2, 2007 @ 8:10 am
When your allies are the teamsters you shouldn’t be heartened, you should be embarrassed.
Comment by john — November 2, 2007 @ 8:14 am
of course we could all go for the golden goose- finance movies independently and eliminate the studios altogether- a la the way the music biz is being rebuilt. These new writer co-op/hedge fund deals are being played with and should be watched. The studios know they’re at risk of going the way of the music biz and maybe we should call their bluff. Dave and Interested Observer are interested in maintaining the status quo, not evolution. The fact is with the coming of digital distribution to theaters, projects could be set up with actors directors and writers working cheap for a stake and the work could be sold to the theater owners directly with 50/50 deal they currently have with the studios. The studios are in danger of becoming obselete, not creatives.
Comment by ben Gardner — November 2, 2007 @ 8:16 am
Wannabe I am not a writer, but I know what they are going through and I support the WGA 100%. If you consider 100% what is the problem with TV and movies today, blame it on the Studios and Networks. Read through the comments and you will see that the writers are hired to write just what they are hired to write.
Creativity is suppressed in favor of giving the masses what they want and what they want is the status quo. That is why we get another Sopranos in CBS’s Cane, a Bionic Woman rehash on NBC, FOX trying crime shows such as Bones and K-Ville because they know they work on CBS, and ABC tried with shows that remind you of Sex and the City.
Heck, the only original development that existed in network television in the last few decades can be counted on one hand.
* Gilmore Girls (WB)
* House (FOX)
* Survivor (CBS) Yes I know it was reality, but it predates almost all reality.
* CSI (CBS)
* The Simpsons (FOX) I would count Family Guy, but that doesn’t count at times because it rips off The Simpsons.
Finally, I would just like to say that in response to the actors solidarity with the writers, how long will it be before the AMPTP voids the SAG’s contract and makes the mistake of locking them out? How long before they make that mistake simply because the actors support the writers?
Comment by Jessy S. — November 2, 2007 @ 8:32 am
Do WGA writers still get residuals while on strike? Or does all of their writing revenue cease?
Comment by justlearning — November 2, 2007 @ 8:55 am
While I believe that the writer’s cause is just, I can’t help but remember how the last strike of 1988 screwed up television forever. Seasons start later and end earlier and we have a glut of nonsense “reality” television. Please don’t let it get any worse!
Comment by Clay — November 2, 2007 @ 9:20 am
John –
I’m guessing you’ve never met a Teamster. The Teamsters are the backbone of any film crew, and writers are glad and grateful that they are standing with us.
Comment by Ashley the Writer — November 2, 2007 @ 9:25 am
I am not in the industry but have been paying attention to the issues at hand. I support the writers and think you are wise to tackle these issues head on. I was interested in how the music industry handled digital downloads and am hoping you get what you deserve. I think the studios should have built a business model before this and been prepared for sharing with the writers in profits from digital sales. Good luck to you all. I hate to think of any of you struggling for your families to get what you deserve, but it is a good fight that will ensure your security in the future and for those who come after you. We, the viewing public, will miss you while you’re away.
Comment by Jen — November 2, 2007 @ 9:30 am
I appreciate the articulate and considerate responses I’ve gotten to my post. A few thoughts:
T-
Yes I’ve gotten stock options, but only small amounts. Not enough to where I could be considered one of the owners of the material in that regard, or to make a substantial profit thereof.
John-
I’m not sure I understand your point, are you saying that you’re not free to go work for whom you will? If the studios lose the talent and have no one to produce their product, then they will go out of business just like any other company. The market forces will compel them to be competitive with their compensation to the writers, not a union contract.
Ben-
I don’t claim to be an expert, but I don’t think there is a novelist’s union that negotiates contracts on behalf of all the novelists. The book writers that own their material and the rights for subsequent use negotiated that deal individually between them and the publisher. I’m all for every writer out there getting the best deal they can, as much money as someone is willing to pay them. But, it should be based on their worth in the market, not a contract that compels a company to pay regardless of the track record of the writer. JK Rowling or Stephen King can demand all sorts of concessions and compensations from their employers, because they have proven the worth of their product and the publishers know that its worth paying them what they want. That’s the way the market works. If you’ve written a viable commercial property, there will be someone out there willing to pay you what you want for it. If not, you can either try to bring it to market yourself and reap all of the profits, or rethink its worth and continue to negotiate.
Jimmy-
I understand what you are saying but I don’t agree, at least not in all cases. If a producer has an idea for a movie or options an existing product like a book or play, is the screenwriter still in your opinion an “original owner”? In those cases, the writer is hired to produce a script, i.e. to do a job just like someone hired to build a house. Now, if the writer does have the original idea and shops it around to studios, then they should negotiate their compensation based on the merit of the product, not based on a union contract. If the product has worth, there will be a producer out there willing to pay for it. If the writer thinks the product has use beyond the intial medium, they should negotiate for the interest that they want to keep in the material. I’ve read recently about the deal that Trey Parker and Matt Stone negotiated with Comedy Central for South Park. Because they were shrewd, they kept certain rights that are paying off big for them now. However, I don’t believe it was a union contract that brokered that deal, but rather their own sense of the value of what they created and the resulting positions they took with the network, and more importantly the network’s belief that they would make a good profit under the terms of the deal.
Scott-
You make it sound almost as if writers don’t have a choice to pursue some other profession, but are captives of the studios. The truth is, you are free to earn a living however you want to, and the studios should be free to negotiate with each writer on the salary/compensation that they offer.
I can sense your passion for what you do, and I don’t make light that it would be a difficult decision to choose another career. I truly hope this strike doesn’t damage you and your family and that you’ll be back writing again soon.
Marc-
I’ve worked both as a salaried employee, and on a contract (project) basis. For the latter, I’m brought in and paid for a specific period of time to produce the product the company wants to bring to market.
Again, to all the writers, while I don’t agree with your union I hope for the best for you and that this strike is short-lived.
Dave
Comment by Dave — November 2, 2007 @ 9:43 am
Ben,
Just to be clear, I don’t support the status quo at all, that’s what has gotten the writers to this point. I think the new innovations in the music business (i.e. musical acts marketing their product directly to the public, by passing the labels) is brilliant, and an example of free market thinking at its best. If you have what the public wants, you don’t need a union to force the studios to do anything.
Dave
Comment by Dave — November 2, 2007 @ 9:49 am
Actually it is the Teamster leadership that is standing with the WGA but the actual drivers are allowed to decide on an individual basis if they will honor the strike. I wonder how many will be giving up their paychecks so the writers can get more money from residuals. Not many I suspect.
Comment by allswell — November 2, 2007 @ 9:54 am
Dave is absolutely right. I appreciate the seriousness of his tone.
I hope the writers can move beyond the current paradigm. It will be good for everybody!
Comment by Amused spectator — November 2, 2007 @ 10:10 am
I am a WGA member. I voted for the strike authorization two weeks ago. I believe in what the WGA is fighting for and I understand their position, but I was appalled by the exuberance the strike announcement was met with at the WGA meeting last night. What should have been a solemn moment of solidarity sounded like the “Ellen” audience when she gives away the first season of Grey’s Anatomy on DVD. The writers are fighting a just war, but they are clearly out of touch with the working man.
Comment by Pissed — November 2, 2007 @ 10:26 am
Everyone asking why Teamsters or any other Union member will still go to work needs to attend Collective Bargaining 101. It is ILLEGAL for any union member to walk out or strike for any union, but their own. There are very few things which company can fire a union member for without a long drawn out process and this is one of them.
Comment by Mark Johnson — November 2, 2007 @ 10:42 am
As you can see, I’m not a writer, but I’ve been in the business for more than 20 years, in a bunch of other capacities.
I’ve never understood why there are clauses in agreements that force union members to cross pickets from other unions, but allow the producers to lay everyone off as soon as any one union goes out.
I, too, want to know if SAG is honoring the picket lines, or if members are being encouraged to support on an individual basis during non-work hours (AFTRA’s position).
It is my understanding that the WGA has long been thought of as the most confrontational union. And after all these years, I can find an arguement to support bith sides of every issue raised. But what I can’t understand is taking reality television out of this discussion. By doing this, the WGA has seemingly destroyed what leverage it does have — there are plenty of sources of material for programming available to the networks, and where they may not generate up front ad rates as high as the regular prime time schedule would, they also will cost nowhere near as much to put on the air. The amount of money changing hands may be reduced, but the profit margins will likely be close to the same.
I’m embarrassed to admit that I am damn near obsessed about the impact ths strike will have on my so-called revenue stream, and therefore, just want the situation resolved yesterday.
Nikki, thank you for providing the best source of information out there, and a place for intelligent thought.
m.
Comment by wishiwasawriter — November 2, 2007 @ 10:44 am
HOW MANY OF YOU OTHER TV FOLKS ARE GOING TO HAVE A IMPROMPTU WRAP PARTY TONIGHT??????
Comment by Joel — November 2, 2007 @ 10:56 am
Ladies and gentlemen of the WGA:
Remember history. Your history.
Had the issue of fair share been settled back in the dawn of the videocassette era, how many of you would have been living better lives financially *today*? How many of you would have had more freedom to pursue projects you were *interested* in, instead of scrambling to find *something* to make debt payments?
How many of you would feel *less* like suckers today?
To all the youngsters who are trying to start a career in this profession: Be quiet. You have not lived a long enough life to fully understand the dimensions of this payment issue. Swallow whatever temporary disappointment you might be experiencing *now* for a better *future*. (Also, you must ask yourself: Was I called in because they really want me, or did they call me in to tempt me to desert the profession and play traitor to everyone else? There wouldn’t *be* a profession for you to enter had it not been for the earlier struggles of others. Respect that.)
Stand firm, good luck.
Comment by Mike Cane — November 2, 2007 @ 11:00 am
Thanks Hyphenate,
Heard about the fund last night. We’ll keep it in mind, though we’ll do the best we can on our own first.
I agree with Pissed that the exuberance that met the announcement was weird and unsettling. I support the union, but this is not something to cheer about.
Good luck!
Comment by Pissed Off — November 2, 2007 @ 11:12 am
ben Gardner-
In a way that’s already happening. There’s a new internet series starting soon called “Quarterlife” that’s written by established WGA writers, uses SAG actors and is independently produced. I’m curious to see what effect the strike has on shows like this and vice versa. On the one hand tv reruns an reality programming may drive eyeballs to the web but on the other hand if the show is successful during this time it’s going to show there are other options than delivering to networks.
Comment by Anthony — November 2, 2007 @ 11:32 am
I agree with everything Dave has said so far. As a business owner, in the software industry, I believe Labor Unions in general have run their course. I like to compare organized labor to organized crime. Unions basically hold companies hostage. Securing inflated wages and benefits for members while lining their pockets with dues. Legalized extortion!
In the information age a competent individual should not have a problem negotiating in a free market.
My questions is…Why do you need a writers union?
- If you write something on your own time and want to market it. Strike a deal that works for you.
- If you are contracted to write a particular item – Strike a deal before you start work.
- If you are on staff and paid a salary – Negotiate your employment contract.
Just because Joe gets paid royalties does not mean John should. Heck John might decide to take more money upfront and relinquish any future payments. It is his choice to make!!
The US is not a socialist country. An organization has the right to pay what they think is fair. If you do not think it is fair…take your product somewhere else.
Comment by Chris — November 2, 2007 @ 12:10 pm
Contracts do not suddenly spring to life. They evolve. This year’s is based on the previous one and so on back to the dawn of time and/or the first contract. The problems re. residuals on internet viewings, etc. etc. were born when people didn’t write good language on residuals or negotiate a “none of the above, too” clause, in effect. Now we pay for that with strife and financial hardship. So it goes. Ditto on DVD’s and all other media uses, but there is a larger point to be remembered:
The whole raison d’etre on residuals is this–that your “performance” (as an actor, a writer, a director, etc. etc.) happens once but is re-performed thanks to the recording of it. It is the analogy to a stage show where people get paid every night the show runs. But residuals are a “subsidiary right” or secondary use, in theory and in past contract law. And what many do not know is that there IS a provision in many contracts that says, in effect, “not that we think this will happen, but if this secondary source of income becomes the PRIMARY, all bets are off.” That is the core of the current problem–DVD’s are now the PRIMARY source of revenue on most movies, and the first-run in theaters is, in effect, a customer-subsidized PR campaign for the DVD.
But nobody at the studios wants to rock that old boat for a brave new unknown world so we get into these impasses. The dam WILL break and a deal WILL happen eventually, we can all hope sooner rather than later. What we must insure is that the NEW language covers enough options and pre-thinks future possibilities enough so that fewer “unexpected” but highly predictable consequences will cause future strikes and more pain.
Meanwhile, let’s not forget that when this town shuts down, it isn’t just writers or actors or teamsters or directors or grips who lose. Their bankers, gardeners, dry cleaners, restaurateurs, butchers, bakers, and candlestickmakers all depend on this industry, and the pain is widespread. Let THAT be how we react when, as inevitably it will, some wag claims “Who cares if a bunch of spoiled, rich writers go on strike?”
Cheering was understandable at the Convention Center because solidarity is important, but let’s keep repeating this: NOBODY wins when we are not working, so let’s SOLVE this problem with the wake-up-call to Nick Counter & Co that a strike, we hope, will deliver.
Comment by Scribe — November 2, 2007 @ 12:16 pm
Writer-hyphenate writes: “There’s a strike fund that exists to loan money to writers in order to help them avoid bankruptcy etc. in strike time.”
Will this stike fund help my friends who are script supervisors and graphic designers and PAs pay their rent too? Because I already have one friend who’s going to have to move in with me if her TV show shuts down. Up until last month, my non-writer friends in TV assumed the writers would strike after the first of the year and were planning for it financially. This pre-emptive strike has screwed a lot of them financially.
Do the writers realize that this strike will kill broadcast television? It’s already got one foot in the grave but this strike will bury it.
Comment by hc — November 2, 2007 @ 12:48 pm
“My question is…Why do you need a writers union?”
HEALTH INSURANCE & PENSION PLAN
Try getting an individual family policy in CA if you’re over 35. Just try!
Comment by Pissed Off — November 2, 2007 @ 1:03 pm
Dave,
In my opinion it is important to acknowledge objectively what has happened to America since the labor movement has left American society.
- The 40 hour work week is no longer mainstream in the professional workforce. Most professionals are expected (or feel compelled) to work “until the job is done”, sacrificing time with their family and friends for more money– maybe. There’s no guarantee of more money– a union job would guarantee that your time is compensated.
- Company-funded defined-benefit pensions are, for the most part, a thing of the past. *SOME* private companies are generous– most are not. With strong unions, employers would be forced
- Adequate healthcare is considered a “benefit” rather than an obligation on the part of the employer to provide. And those who are lucky enough to have healthcare at all likely face the terrible HMOs with no recourse for anything better (take me for example– as a diabetic, I am uninsurable by any means other than a group plan paid for by an employer).
I simply don’t understand how any working person (in a non-management role) can be against stronger labor in America. Free market favors the bosses, labor favors the worker. Yet more and more, workers are speaking in favor of policies that directly work against their best interests.
Comment by Sympathetic — November 2, 2007 @ 1:40 pm
What is the median income of hollywood writers? how much do movie writers earn compared to tv drama and sitcom writers?
Comment by curious — November 2, 2007 @ 1:40 pm
HC writes:
“Do the writers realize that this strike will kill broadcast television? It’s already got one foot in the grave but this strike will bury it.”
Yes, HC. We completely realize it. THAT’s why this is a watershed negotiation (and not just for writers, but for actors, directors and certain below the line people as well). Because the future of television isn’t in broadcast — it’s the Internet. And the Guild is properly trying to preserve residuals as content moves away from broadcast towards the Internet. And not just for writers. For EVERYONE in the entertainment industry who relies on residuals to shelter, clothe and feed their families and themselves.
This isn’t about spoiled writers. It’s about writers, actors, directors and everyone who needs residuals to stay in the industry in which they work (and, in some cases, love).
Finally, thank you Nikki, for doing the holy work, and practicing the lost art, of objective journalism.
Comment by Marc Guggenheim — November 2, 2007 @ 9:22 pm
Mark Johnson wrote:
Comment by Mike S — November 3, 2007 @ 1:09 pm
Just chiming in as a software developer, who has also worked as a freelance writer, the one discussion I take issue with is the concept that software developers aren’t original creators of their work. In many cases they are. I’ve created entire websites from scratch for my employer, but do I get paid everytime someone visits the site? No. I realize that if I want to reep those kind of benefits, I need to build the site, market it, maintain it, all on my own! In my spare time, I try to do this, but I need my salaried job to keep living and giving me freedom to do the things I enjoy.
I don’t agree with many of Sympathetic’s arguments. The myth that everyone is pressured to work over 40 hours is bogus. Most people spend chunks of their day being inefficient. If you prove your worth to your employer and can get your work done in less than 40, there’s a good chance the employer won’t give a damn how many hours you work. I work hard for 7-8 hours a day, but I rarely go over 40, and I am such a valuable employee that my employer doesn’t dare ask me to. There are plenty of companies that don’t have a 60-hour week culture, you just have to go find them.
Everyone knows most employers factor benefit costs into salaries. Frankly, I wouldn’t mind getting paid more in salary and having the freedom to find my own benefits plan.
So yes, free market favors the boss because the boss tends to be the one putting up all the risk. You don’t like it, then you try to become the boss.
Comment by Greg — November 4, 2007 @ 11:05 am
I have been encouraged to walk the picket lines by the casting agencies I am registered with.
I’m background talent.
I have been working in Hollywood for 3 years as background.
My boyfriend is a props tec in Burbank
we both support the strike.
Can anyone inform me on where to meet up and help with the picket lines?
thank you,
lorrelle
Comment by lorrelle — November 4, 2007 @ 3:02 pm
Look, it’s obvious the writers are in the right. I just watched all these videos of writers/cast and I agree: http://www.hollywoodstrikes.com
Comment by Chad — November 14, 2007 @ 1:27 pm
Hi!
Well, guys, ’till you strike, we’ve writing some screenplays too - take a look at № 18 and 29 here:
http://ideas-portal.com/ideas.php?cid=85&lang=en .
T.
Comment by Tosho Nestorov — January 11, 2008 @ 11:27 am