Unmoderated Discussion

I'm trying an experiment.

I've started another blog as a sort of clearing-house forum for a handful of Strike-related blogs. As you know, United Hollywood recently started moderating its forums, which seems to have really knocked down the discussions (although you can also chalk up the slowdown to the holidays). Deadline Hollywood (Nikki Finke) has been moderating for sometime and, apparently, to the extreme.

So I've started a blog called StrikeTalk which I hope people will be able to use to quickly, openly, and without moderation; discuss the topics in these and other blogs.

Please continue posting to the original blogs, however, as the point here is not to steal traffic, only to improve communication.

If the site is abused, or turns into an all-out flame war, I will shut it down.

Thanks, and please let me know your thoughts.

When Will This End?

The question on everyone's mind now is "when is this going to end?"

Does the WGA have something up their sleeve?  Or will the AMPTP ignore the Writers and concentrate on DGA?

Can this possibly end soon, or are we in for several more months of hardship?

Let the wisdom of crowds speak:

Letterman Signs Deal - Will Return With Writers

As everyone has no doubt heard by now, David Letterman's production company, Worldwide Pants, has signed a deal (not a waiver!) with the WGA, and its two shows (Late Night and Late Late Night) will return to the air with WGA Writers.

We think that this is a good thing.

But we'd like to see the WGA go further.

In it's letter to the Members, WGA leadership points out that:

Worldwide Pants has accepted the very same proposals that the Guild was prepared to present to the media conglomerates when they walked out of negotiations on December 7.

Our question, and the one we have been raising for weeks, is: why hasn't the WGA proposal been presented to the absentee producers by way of the Mediator?!  Especially, since it's obviously complete and ready for such a presentation...

Stop saying you want to negotiate, and actually negotiate!

Having said that, there is one aspect of this deal that bothers us.  By getting one company to sign this deal, does that embolden the leadership to dig in its heels even further and decry that this plan is the plan -- the only one it will sign?  We certainly hope not.

Without knowing the details, one can not say for sure how fair this plan would be to the major studios and networks.  And, yes, it does have to be fair to them, just as it has to be fair to the Guild.  And fairness is subjective.

As has been pointed out elsewhere, many of the issues that currently concern the Guild are not issues that directly affect WorldWide Pants.  Episodes do not run in perpetuity online (though non-paying, fan-posted clips are notorious on sites such as youtube), for example.

At any rate, this deal is done.  Some are worried that the move will divide the Guild members (especially feature writers), others see this as a big step towards dividing the AMPTP members.

What do you think?

StrikeTV.com Announced - Will It Feature Union Crews?

UPDATE 

Today, we got new news about StrikeTV.com, so I have moved this comment, originally posted on December 17 back to the top of the page.

StrikeTV will apparently be a clearinghouse channel for new content created by WGA members for web distribution.  StrikeTV will raise money via advertising and the funds will be donated to a WGA strike fund that gives money to financially distressed crew members from other unions.

StrikeTV will merely be "the channel" on which these new programs will be available.  It is neither the producer of the shows, nor "the network" for the shows (the shows will be hosted on youtube).

WGA are hoping that their members will use union crew and talent, but that the crew and talent will donate their time.

At the same time, they are quick to point out that the creators of the content (WGA members) will own the shows and can sell or otherwise distribute them for profit anywhere they would like.

So here's the problem:

While I applaud any initiative by the Writers which will help those who are in financial turmoil because of the walkout, I am concerned by the hypocrisy of the idea that the Writers who create the shows own them and can make money off of them, but that the crew should work out of the goodness of their hearts (especially as this is a primary reason why they are on strike - and we are out of work - in the first place).

So for crew members considering working on one of these shows, I encourage you to do whatever you would like, but, as always, go in with your eyes wide open.  The Writers are potentially making money off your work.  If the show creator makes money, what do you get?  Make sure that is spelled out ahead of time.

Volunteering your time to help out your fellow below the line workers is noble.  But if the Writer (who is now a producer) is going to personally profit, you should, too.

Also, be clear on what your work will do to your unemployment benefits.  You may not legally be able to claim during a week when you work on one of these productions.  I point this out not to dissuade anyone, but to protect those who might see their bennies cut off just when they need them the most (ie, if the strike is still going in July).

Below is the original post:

Latest news from the latest Writer rally is that the WGA will be launching StrikeTV.com in January, featuring new video content.  They will be seeking advertisers to sponsor the programming.

Interesting development.

The big question now:  will the writers be using union crews at union rates to create their content?  If so, bravo.  If not, the hypocrisy would be astounding.

Reserving judgement until details emerge.

A Strike Cease-Fire Is The WGA's Best Next Step

A Modest Proposal For Ending The Strike

1) WGA Calls Off The Strike.

That’s it.  

-----------------

Don't jump to any conclusions yet -- I know this is going to be controversial, but read on.  There would be conditions, of course, to the Strike ending, and they are conditions which unilaterally support the Writers.

Think of it not as “ending the war,” but rather as a “cease-fire.”

Here’s the plan:

The WGA should submit a proposal to the AMPTP (or to the Mediator as the Producer’s Proxy) which addresses the Studio’s latest counter-proposal.  The WGA was, by it’s own account, in the middle of preparing such a proposal when the Studios walked out.  In theory, the Writers’ latest draft is (or should be) complete and ready to submit to the other side.

The WGA should address the Studio’s 6 Conditions For Re-Instating Talks, but they should not unilaterally withdraw the issues.

The WGA should, in turning over their latest proposal, request that the AMPTP immediately return to the bargaining table to discuss and negotiate the terms of the latest proposal.

Here’s the kicker:

As inducement to restarting talks, the WGA should offer to immediately order all Writers to return to work, and conditionally call off the Strike (while withholding the right to resume a Strike at any time) as soon as the AMPTP returns to the negotiating table.  

WGA should hold that as long as the AMPTP was bargaining in good faith, the Writers would remain back at work.  If the AMPTP failed to keep up a newfound spirit of true negotiation, then back to the picket lines the writers would go.  The WGA would agree to input from the Mediator, but the WGA alone would decide if and when they would to go back to the picket lines.

And here’s the super value-added bonus: WGA should add that the AMPTP could not send senior personnel to negotiate with any other Guild (ie, DGA) while the Writers are working under their expired contract.  In other words, Counter and the Big Wigs stay at the WGA table, but the Writers don’t completely subvert a sister Guild’s preliminary talks.

Here’s what the WGA would gain:

• Negotiations resume
  
• First Position status with the AMPTP negotiating team
  
• Writers are back to work
  
• Below The Line is back to work
  
• Hollywood is back to work
  
• Leverage at the table -- Labor Relations 101 teaches us that the threat of a strike is far more leverage for labor than is the strike itself
  
• Actions to back up their words.  If the Studios don’t return to the table, as a condition for ending the strike, then they truly become the party responsible for the strike continuing (which has long been a WGA party line that to date has been only half-true).  The WGA would have put up the ultimate Good Faith and the Studios would have truly squandered it.  This is all moot, though, since they absolutely would come back to the table with this enticement.
  
• A contract.  Let’s face the simple truth -- the Guild would be months closer to an agreement by conditionally calling off the strike than they would by staying the course.
  

Here’s what the WGA could lose:

• Ego.  The fear that the strike didn’t work, only the reversal of the strike did the trick.
  
• Stockpiling of scripts.  But how much could really be written before you decided that they weren’t negotiating fairly?  If they get one week out of writing by faking good faith, did they get more than one episode per series?  Maybe they got some touch-ups on features that are going to shoot anyway (and bear a writer’s name on them somewhere). 
  

Here are rebuttals to the obvious arguments against the plan:

• Wouldn’t this be caving to them? Not at all.  It’s the ultimate incentive to return to the table, and it gives back the leverage which was lost when the Guild went on strike.  Remember: the threat of a strike is more leverage than the strike itself.
  
• Wouldn’t this set a dangerous precedent?  Potentially, but only in the hands of weaker leadership.  This would never work if it were the AMPTP demanding a strike cease-fire before they return to the table -- they tried that at the onset of the strike, and the Guild appropriately held firm.  But because this would be the WGA initiating the cease-fire, the precedent is the Guild’s to set, and merely becomes another labor weapon in this and future negotiations.
  

The plan isn’t detailed enough to be perfect -- you’ve got lawyers, use them.  But this idea would work significantly better than pouting to the public, whining to the courts, and walking in circles in front of studios that don’t care.

The Guild wouldn’t have to worry about waivers to late night, or producers that are also writers.  The Guild would have to worry about one thing -- making a deal that works.

Most importantly, the Guild has in its power to get everyone back to work AND get the contract it deserves in a manner that is more swift than it’s current course.

Many people (myself included) now believe that staying the course will result in one of two scenarios (both of which are pretty pessimistic):

1) The DGA will conclude a deal by the end of January.  WGA will end up taking a very similar deal by the end of February.  The deal will have been something the WGA could have gotten anyway, without ever striking (it’s based on the DGA deal, after all, and pattern bargaining ensured a similar deal even without a strike).

2) The DGA will conclude a deal by the end of January.  WGA will hate the deal, and continue to take a hard-lined stance against it.  The Strike will take us to the SAG contract expiration.  SAG, too, will walk.  The Strike will take us through August or so, and the WGA and SAG will sign deals suspiciously close to what was on the table back in February, as large factions of both Guilds threaten to go Financial Core.  This deal, again, would have been achievable either 1) without striking (see above), or 2) by delaying the Strike until the SAG contract expired.

Now is an opportunity for the WGA to once again control its own destiny, gain tremendous goodwill for the negotiation, and put all of Hollywood back to work.

The window of opportunity is shrinking, however.  This play has maximum leverage only before the DGA has begun formal talks.

Once you get past the radical notion that this would not be a bad move by the Guild, I think you might quickly realize it’s a great move.  A powerful move.  A game-changer.  

Stop letting the AMPTP call the shots.  Think different.

Merry Christmas

This is a tough time for all of who work (or used to) in Hollywood.

But it is still Christmas, so I'm personally going to take the next couple of days and appreciate all the good things and try to remember that the current hardship is hopefully just temporary.

So, Merry Christmas to all -- even Verrone and Young and Counter.

Let's hope that the New Year can bring fresh perspective and new prosperity.

United Hollywood Is Now Moderating Comments

From their site:

We're moderating comments now because we are getting legitimately spammed. Dissenting opinions are not being deleted.

This appears to have just started.  

The problem here is that moderating comments is a slippery slope; we'll never know for sure what has been deleted.  When does a strongly dissenting opinion cross the line into spam?  

In general, I disagree with much of the spin I see on the UH front page; but I also genuinely respect the publishers of the blog.  I give them the benefit of the doubt for now, but I still think this is a terrible step backwards.

We'll see if dissenting comments will continue to be heard.

----------------

In a related issue, Nikki Finke's Deadline Hollywood has also been moderating discussion.  

My last two comments were never posted there, and anyone who reads my posts regularly knows that while my opinion differs from that of the WGA hardliners, I am not confrontational and try to keep all the comments civilized.

----------------

Christmas Eve Update:  Comment postings have really slowed, and the last few front page stories do not appear to have comments enabled at all (though, at this point, I'm chalking this up to the UH guys wanting to spend Christmas with friends and family instead of moderating their blog).

There was one post from commenter "DP" which appears to have been editorially deleted, but he reposted and UH allowed it in its entirety. 

The moderating is something to keep an eye on.  It's their blog, they can do whatever they want.  But as UH has grown in importance, I think it's important that we make sure we all understand where they stand in terms of comments.  

If UnitedHollywood want to limit comments to pro-strike rhetoric (and there's no indication that this is happening), they have the right and they don't need me or anyone else to tell them so.

But should they indeed change their stance, it would behoove those of us with dissenting voices to ensure that others understand that UH (in that case) would not represent the whole of Hollywood.

Indeed, it was my strong reaction to their original slogan, "We're all on the same page" and the constant early mantra that the Writers somehow had all of us workerbees behind the strike that caused me to start DividedHollywood in the first place.  As UnitedHollywood has been an open and valuable forum, my postings to my own blog (ie, here) have been minimal, as my concerns are actually better heard on their forum.  Hopefully -- and I have no current reason to doubt otherwise -- it will continue to be.

Now I, too, am taking a break for Christmas.  I hope everyone can put the current troubles aside for a day or two and truly have a very Merry Christmas.

WGA Denies Waivers to Golden Globes / Oscars

The WGA has denied a request from the Golden Globes to allow guild writers to work on the show.  WGA has also denied a re-use request from the Academy for its upcoming Oscars telecast and has said that if the Academy requests a waiver, they too will be denied.

We have to wonder -- what's the point?  In this time of financial and creative turmoil, would waivers to two shows honoring the achievements of the past year's entertainment REALLY undermine what the guild is trying to do??

Honestly, wouldn't more good than harm come from allowing writers to work on these two telecasts?

This latest move merely demonstrates further the ultra-militant stance taken by the current Guild leadership.  To dig in your heels to this extreme is further proof that Verrone and gang are out of touch with reality and completely lost in their own power.

I still believe that a compromise may still be reached between the WGA and the AMPTP in the next few months.

But I also believe, quite seriously, that if things break down completely; if, 6 months from now, this strike is still bitterly ongoing; if a real fissure occurs both within and outside of the WGA;

Then we may look back at this rally, at this day when the WGA symbolically turned its back on celebrations of our talents and livelihoods; 

And we will remember it as the day when it all went wrong, when the Writers went too far.

You may accuse me of overreacting, but I really can't believe that the Guild took this action -- that they didn't see the underlying symbolism in what they were doing.

It's a slap in the face. Not to the AMPTP -- they don't care. But to working Hollywood.

Not 8, Not 9, But 12! New Posts on UH - None Note WGA Waivers Coming

The WGA Negotiating Committee sent a letter to Membership yesterday informing them that tomorrow (Monday) they would announce that some shows would receive Waivers which would allow them to restart production immediately.

This is something we have argued for since the AMPTP most recently walked out of the negotiating room. When we post such comments on UnitedHollywood, however, we're labelled as AMPTP plants. So is Patrick Verrone an AMPTP plant as well??

To make matters more puzzling, UnitedHollywood has posted a slew of new front page stories - 8, actually -- since the email went out (and was subsequently posted on Nikke Finke's Deadline Hollywood), but none of these stories mention this latest development.

This action by the WGA is the only reasonable approach to the Strike Disaster now that it is clear that AMPTP will not talk until a DGA deal is complete (or until WGA submit a deal that only concerns itself with new media).

Why has the unofficial mouthpiece of the WGA not made any mention of this action? We are generally big fans of the site, but to ignore the most significant news of the past week is to do a disservice to the many people who go to UH first and foremost for their strike news. It is also proof positive that no one should be getting their news from only one source.

Here is an excerpt from the WGA letter:

We want to do everything in our power to move negotiations forward and end this devastating strike. We have therefore decided to reach out to major AMPTP companies and begin to negotiate with them individually. As you may know, bargaining on a multi-employer basis through the AMPTP is an option for the WGA, not a legal requirement. Each signatory employer is required to bargain with us individually if we make a legal demand that it do so.

Note, too, the spin of the letter. They're calling this "negotiate with them individually;" the reality is (and we'll get confirmation tomorrow) that they will be giving waivers to The Late Show With David Letterman (independently produced by Worldwide Pants) and several other shows.

Note: no sooner do we post this, than UH puts up another post. It's now 9 posts since the announcement, yet no mention...

Checking back in -- 10 posts now on the front page of UnitedHollywood since the announcement. Still no front page mention of the news. (10:45am)

Update at 3:30pm on Sunday -- there are now 12 new posts on UH since this story broke, including a video interview with Letterman's writers, and still NO MENTION OF THIS DEVELOPMENT. What is going on over there???

FINAL UPDATE - 15 Minutes after I posted this question on one of the UH Posts, there was finally a front page article about it.  My guess now is that it simply got lost in the shuffle.  UH is run by volunteers, I believe.  It still serves as an example of why everyone should read multiple sources for their news and editorials.

The WGA Letter That Should Have Been...

Yesterday, Patric Verrone put out a letter to the WGA membership advising them that he has filed an unfair labor practice charge with the National Labor Relations Board.  He continued slinging mud at the AMPTP, which, though we share his disdain for the AMPTP, gets us nowhere.

Here's the release I would have preferred to see:

December 13, 2007

To My Fellow Members:

As you know the AMPTP walked out of negotiations within hours of requesting the unilateral removal of several provisions of our contract. We were in the middle of preparing a counter-proposal that would have addressed most of their concerns, but we were not and are not prepared to remove items from our proposal merely in exchange for the privilege of negotiating.

As we have repeatedly said, however, we remain committed to negotiating and we wish to resolve the strike as soon as possible.

To that end, earlier today we delivered to Mediator Bryan Lourd our latest proposal with instructions that he deliver it to the AMPTP Negotiating Committee.

While we prefer not to negotiate the details of our contract in public, I wish to assure you that this proposal addresses each of the AMPTP's demands individually and separately, and does so in a manner that is fair to both sides.

We believe that our latest proposal, which also includes revised numbers to the new media payment schedule proposed by the AMPTP, continues to address the goals which are most important to our Membership, while allowing the AMPTP financial feasibility and maneuverability in this exciting, but constantly changing, new world.

It is our sincere hope that the AMPTP will resume negotiations immediately, as we continue to work towards a strike resolution which could see all of Hollywood returning to work in the New Year.

Again, we prefer to keep the details of this proposal between the two Negotiating Committees for the time being, but rest assured that the full proposal will be immediately available to you should leaks about individual elements of the proposal suddenly start appearing on the internet or the press.

In the meantime, I urge everyone to continue to stay strong and unified. We will get a great contract at the end of this difficult time.

Best,

Patric M. Verrone
President, WGA West

Now THAT would have been nice...

DGA To The Rescue!

Looks like DGA has had enough with the WGA flailing about.

This is the letter sent by the DGA to members of the WGA who had written letters to the Directors asking them -- against all reason -- not to start their negotiations.

Dear Member,
We didn't want to let too much time go by before we answered your letter. We want you to know this response comes from our heartfelt understanding of the difficult times we are all in together.

The DGA Negotiations Committee had its fourth meeting yesterday and we discussed your letter. We mention this so you will understand that this response reflects the very open discussion we had with your fellow Guild members.

To begin with, we understand the importance of new media and its potential impact on all our futures -- and on those who follow us. DGA has spent close to 18 months developing research, meeting with outside experts, and talking to our members about these issues. They have been discussed by the Board and the Negotiations Committee for well over a year.

We understand well the importance of protecting our members. We will not rest until our members get a fair and equitable deal for the work they create in both old and new media. Since its founding, the Guild has consistently fought hard for that goal. For more than 70 years we have managed, often without fanfare, to negotiate good deals for all of us and we are proud of the strength of our Basic Agreement. We have no intention of letting our members down or betraying the rights of the directors who went before us. There is a reason that few in the industry ever accuse the DGA or its members of being pushovers. We've never been that and we don't plan to start now.

This issue is not between the DGA and the WGA. To make that the fight only strengthens the other side. But sharing a goal is not the same as sharing tactics and strategy. And our differing views of the best way to achieve our goals may lead us to act differently. Traditionally our negotiations start early and usually are done by January. This has been our pattern for the past 20 years for a very simple reason: We believe -- and our experience shows -- that this is the most effective way to negotiate the best deal. The WGA has made a different decision on how to handle their negotiations. Out of respect for them, we have done what you asked for in your letter -- we have refrained from commencing our own negotiations. And, at the same time we have refrained from commenting publicly on our thoughts about the direction of their proposals and the progress of their negotiations.

But the reality is that WGA and the AMPTP have been meeting since July -- and, despite a strike that has put tens of thousands of people out of work, they seem nowhere near reaching a deal. Each passing day, more people are unemployed. We are getting calls from members who are worried about their economic livelihood and their families. We're sure you feel the same concern for yourselves and the people who work for you.

Because so much time has gone by without any resolution, we find ourselves faced with some hard questions. Is a fresh perspective -- and additional muscle -- needed to get the job done? Is it our turn to sit across the table from the AMPTP? What we know is that we cannot abdicate our responsibility to our members by putting their fate in the hands of another union whose tactics and strategy we have not been able to influence. Our members expect the Guild to fight for them when things get tough. We promised all of you we would do that in our most recent membership letter. We believe this is the essence of responsible unionism, which is the least you and all our members have a right to expect from us.

Sincerely,

Michael Apted
DGA President

Gil Cates
Chair, DGA Negotiations Committee

Jay D. Roth
DGA National Executive Director

DGA, SAG Need To Step Up Now

For some reason, the solidarity-seeking WGA is trying to stall the DGA in its negotiations with the AMPTP.  WGA seems to believe that DGA would make a simpler deal than WGA.  WGA fears that if this were to happen, somehow their hand would be forced and they would, too, have to sign what they view as an unfair deal.

I've requested more information on the WGA's stance in this case, but have not yet received it.  UPDATE - the reasoning seems to be that if DGA enter talks, AMTP will ignore WGA until those talks are complete.  As the basis of my argument is that this is exactly what is already happening, I still encourage the DGA to step to the table immediately.

At any rate, it is clear now, as it was before the Writers walked, that the AMPTP will not give the Writers anything significant in their current negotiations, unless and until the Studios know what deal they will have to make with DGA and SAG.

It is therefore imperative that SAG and DGA come to the bargaining table NOW, if there is to be any hope of this Strike ending soon.

As regular readers of this blog know, it is our belief that the strongest move and the shortest strike would have occurred if the WGA had waited until the SAG contract expired in an effort to have a "prefect storm strike."  

Through the preemptive hubris of WGA leadership, this is no longer an option.

Our best bet now, then, is to bring the effects of the "perfect storm" to the present and get all sides to the bargaining table.

We would love to see WGA, DGA, and SAG sit together in negotiating sessions, which would bring some needed bargaining skills to the table, as well as eliminate the uncertainty which clouds the AMPTP dealings with WGA and bring true strength in numbers to the labor side of the contracts.

Barring that ideal, DGA and SAG should still immediately commence negotiations in an effort to avoid a strike by their unions, and finally bring about an end to the present one.

AMPTP Walks, Writers Cry "Doh!"

The AMPTP has walked away from the negotiating table.

They are pricks.  Predictable, but pricks nonetheless.

Here's what's going to happen now:

1) Writers will complain.  "Hey, we wanna negotiate.  They walked away."

2) AMPTP will ignore the Writers.  They don't exist.

3) AMPTP will deal with DGA.  Prelim talks are already underway.  Expect a deal to be struck by mid-January.  This is months before their contract expires.  Their deal will include internet.

4) Writers will say "Hey, that's not a bad deal.  Come talk to us."

5) AMPTP will say "We'll talk when you go back to work."

6) Writers will say "No way, man.  You're evil."

7) AMPTP will ignore the Writers.  They don't exist.

8) AMPTP will negotiate with SAG.  SAG will bring in a WGA person to sit and watch, as a token of solidarity with WGA.

9) AMPTP will sign a deal with SAG, probably in March.  Weeks before their contract is up.

10) Writers will say "Hey, that's not a bad deal.  Come talk to us."

11) AMPTP will sigh.  They'll sit with WGA.  WGA will get a better deal than is currently on the table from AMPTP.

12) WGA will declare that it was all worth it.

13) Hundreds, if not thousands, of displaced crew members will return to Hollywood, after having fled across the country looking for work.  The average TV crewmember will have lost about $40,000 - $60,000.  Many will have lost their homes and families.

14) There will be a flood of spec script sales.  The second half of 2008 will be the best 6-month period on record for Writers in terms of salary.

Look, maybe I'm talking out of my ass here, but this is what my crystal ball shows me.  Who's got other ideas?  Lemme know.

Strike A Deal Rally and March

In case you aren't aware, there is a big rally and march scheduled for this Sunday for everyone who is adversely affected by the strike.

I encourage everyone below the line to check out We're Walkin' So They'll Keep Talkin' and try to attend the rally on Sunday.

Whether you support the Writers or not, this demonstration will give a voice to those of us without a say, those of us who are most drastically impacted by the strike.

We want a deal to be fair, but we want it to be quick!  

And most of all, we just want to go back to work!

The Victims of the Strike

I'll say this first and foremost -- I know that Writers don't want to be out of work anymore than the rest of us do.  Many Writers are genuinely concerned about the hardships being incurred by Below The Line Crew (or anyone else affected) as a direct result of their Strike.

But I'm seeing quite a lot of "quit your complaining" and "awww, too bad" posts out there.

Here's why that attitude is both wrong and misguided:

1) Below The Line Crew Members are far more likely to be living paycheck to paycheck than are Writers.  

Much has been made about the WGA factoid that the average annual income for it's members is $62,000 over the past 5 years.  The average for 2006, though, is $105,000 (source: Wall Street Journal, Dec 4, 2007).  I don't know the number for the average IA worker, but I'm pretty sure it's less than that...

2) Writers continue to get paid during a strike, we don't.  All those reruns that are going to start airing everywhere?  That's money in your pockets.  $20,000 per episode, I believe.

3) Writers continue to work during a Strike, we don't.  There will be a flood of spec scripts on the market when this is over.  I know many of you are tirelessly walking the picket lines, but many of you are also writing in your newfound free time.  The work you do now will be paid for later.  

But Boom Operators can't boom, Camera Operators can't operate, Scripty can't check continuity, etc.

Some of us are probably writing too (ask any random person exiting a supermarket in L.A. how their script is going), but let's face it -- you get paid to write, we don't.  For the most part, there's probably a good reason for this.

4) When you deride those who are upset, you only drive the wedge deeper.  Look, I'm running a site called "Divided Hollywood."  I get that I'm not the ideal voice for unity.  But the truth is that I, like so many of us, want to see the writers get a fair deal.  

We're not on the side of the studios.  We want to see negotiations move forward quickly and fairly.

But most of all, we just want to get back to work.

Propaganda Comes From Both Sides

I've spent a lot of time today over on United Hollywood and, in checking back over here, I realized that my last couple of posts are direct responses to UH articles and therefore may seem to unfairly bash only the Writers.

As everyone should know by now, I think there's plenty of blame to go around.

The Writers' propaganda has my current concern because I just feel like all they are doing is pointing fingers.  I want concrete evidence that they are doing SOMETHING.  ANYTHING.

The AMPTP is taking steps forward.  Baby steps, to be sure, but it's something.  Verrone needs to stop saying "they spent 3 days presenting weeks-old ideas" and instead let us know what -- if anything -- he is actually doing.

Cos, right now, it looks as though he's just taking a break.

Come on guys -- get back into the room and figure this thing out!

Writers Propaganda Machine

Well, looks like the WGA needs 4 days to think about an offer that thoroughly underwhelmed them.  How long would it take them to ponder a deal that is appealing?

A few items of note:

They're calling the latest proposal a rollback, despite the fact that there are no cuts to existing rates or residuals.  They get paid the same or better on everything covered in the existing contract, plus new residuals are on the table.  This is a step forward, not a rollback.

They have consistently hammered the AMPTP for walking away from the negotiating table on November 4; and yet they have now walked away from the table.  The argument before was never that concrete to begin with -- the Producers walked away from the table only after the Writers walked away from their jobs.  Writers provoke, Producers respond.  No one was surprised by the Producers leaving the bargaining table.

The Writers claim that it is the Producers' fault that we're all out of work.  This is the single biggest falsehood of the whole strike!  This is a strike, not a lockout.  The Writers could have kept negotiations going by staying at their jobs.  They didn't get what they wanted and THEY WALKED OUT.  

Finally, the Patrick Verrone memo from yesterday bashes the AMPTP for presenting "in essence their November 4 package with not an iota of movement on any of the issues that matter to writers." 

Well, what exactly did the Writers present?  Was there any movement on any of the issues that matter to Producers?  Why is it incumbent on them to present you with the offer?  

And why the hell are you taking 4 days off?!

Get back to work, so the rest of us can, too!!

Producers Present Deal - Writers Take a Break

UPDATE - The post below was a knee-jerk reaction to an AMPTP press release which, at the time, seemed credible.  The WGA has since denied that they asked for the the break.  Neither side, though seems too fervent in their denial of the other's claim.

My interpretation now is that the break was basically a mutual decision, and that whichever side asked for it, the other side quickly agreed.

And we also now know that the groundbreaking deal included compensation of$250 for new media.  Yeah, real groundbreaking there.

The AMPTP has produced a "groundbreaking new deal" (producers' words -- don't get TOO excited!).  

What was the Writers' response?  Let's take a few days off to read it.  They'll come back on Tuesday, December 4.

WHAT!!??!!??

Writers have been complaining nonstop that it wasn't them who broke off negotiations (it was merely the act of striking which made the producers leave the table).

So what happens?  They get presented a deal.  A deal that -- from leaks alone, taken with a grain of salt -- seem fair.

And they want nearly a week to ponder it.

Is this a ridiculously long time?  Depends on how you define ridiculous.  It's not weeks and weeks, but c'mon, people are OUT OF WORK BECAUSE OF YOU.  WGA has a major responsibility to figure this out.  Work through the weekend.  Sign the damn thing!

WGA -- you have officially lost the last speck of respect that we crew members had.  Merry Christmas.

New Deal Coming?

Nikke Finke, on her Deadline Hollywood blog, quotes a source saying that a new deal is being presented by the AMPTP today.

The big change is over the residual schedule for streaming content.  The AMPTP wants six weeks from the date of first broadcast to be royalty-free.  After that six week period, Writers would get a residual, presumably based on a time period (see our previous post about this method).  The AMPTP will not give a piece of advertising.

We think this proposal, if presented as advertised, is COMPLETELY REASONABLE.

Writers already receive a residual for the first airing of an episode (this really only affects TV writers, not features -- what studio streams a theatrical film??).  Perhaps a bump in this residual could be negotiated to compensate for the initial streaming period.

Is six weeks a little long?  Maybe.  But it's still something.  It's certainly not UNreasonable.  And besides, it gives you something to negotiate for in three years.

I am not suggesting that Writers cave and accept this deal.  I'm saying that the deal is good if you really look at it; it's not caving at all.

Let's strike a fair deal and get Hollywood back to work!

LA Times Articles About Show Runners

United Hollywood (an excellent blog showing the rank-and-file Writers' perspective of the strike) has a posting which links to two LA Times articles about the riff between Showrunners during the strike (especially at the beginning).

While many writers deplore the actions of the Showrunners who continued their non-writing duties as a weakness entering the strike, I have to applaud their action.

They are keeping their crews employed for an extra couple of weeks.  Don't they have that responsibility, as executive producers of their shows?

In one article, Edward Bernero, the Showrunner on Criminal Minds, questions the idea that Writers create more work right before the strike and asks, "Could you imagine being in a widget factory and having someone say, 'Hurry up, let's make more widgets because we are going on strike'?"

Couple of problems with that analogy -- 1) the widget factory worker probably does not take home an extra $40,000 for creating that last order of widgets, thereby feeding his own family for a few more months during the walkout; and 2) the widget factory worker is not likely to be responsible for the livelihood of over 100 other workers who are not striking, but out of work regardless.

As I mentioned in a reply post on United Hollywood, I am hopeful that this week's negotiations prove to be more fruitful than those of the past.  These sides were closer than they had ever been up til midnight before the picketing began.  Let's hope they can pick up there and hammer out a fair deal quickly.

Both sides have made serious errors in their negotiations.  Both sides need to own up to that, create a deal that is fair to the Writers, and get Hollywood back to work BEFORE the holidays!

Poster QuickView

Here's a quick look at the poster available for download.  Make sure you download and print the poster from the links to the right, as this version is web-quality and won't print well.

Print and post, and let people know you support the Writers, but not the Strike!

Support the Negotiation

Writers are asking for Below-The-Line solidarity, but where was that request BEFORE they walked?

Both sides of this negotiation have done a terrible job, but they are finally getting back to the bargaining table.

Make your voice heard.  Let both sides know that you expect fair talks, and a quick resumption of business!

In the meantime, we have new posters for download.  Check the links to the right for a great analogy of the strike that you can post at craft service, in your production office, or on your vehicle.

Back To The Table

Within hours of our suggestion on how determine internet residuals, the AMPTP and WGA have announced that they will return to the negotiating table on November 26 (the Monday after Thanksgiving).

We can't say that this is all due to our idea (wink wink), but look for the new MBA, whenever it is reached, to use this measure of scheduling payments.  :)

Good luck at the table, gentlemen (and ladies!).  Leave your egos at the door and work out a deal!

Our Proposal For Internet Residuals

It seems the key stumbling block for the WGA-AMPTP negotiations is the issue of residuals for internet performances of the Writers' original work.

The AMPTP wants to give nothing.

The WGA wants a percentage of advertising revenue.

There is an alternative.

PAYMENT BY QUARTER

The biggest problem with determining residual payments for internet streaming is that there is no historical precedent for a consumer viewing a TV show or movie for free whenever he feels like it.

Under the existing residual scheme, Writers are paid a residual the first time the show airs, then another residual the second time the show airs (ie, repeat).  The Writer then continues to receive payments on a sliding scale for each subsequent airing.

This doesn't work on the internet, because an episode of say, LOST, might air a thousand times in one day, as a thousand individuals view it at separate times.

The Writers' proposal to get a percentage of revenue has no precedent, however.  Writer's residuals are, for the most part, known quantities.  Yes, Writers get a cut of theatrical box office, but this is not the same as advertising revenue.

So what we need is a method for calculating the internet equivalent of a network "broadcast."

Why not charge a residual for an availability time frame?  We propose that this window be a period of three months ("a quarter").

Continuing to use LOST as an example, let's say episode 3 airs on ABC in it's normal time slot.  The Writer receives a residual for the broadcast.  Now let's say that, the next day, ABC.com begins to make episode 3 available for streaming view on ABC.com.

The Writer would earn another residual.  ABC.com continues to make available a stream of the episode, say from November 17 through December 31.  That internet stream would count as 4th quarter 2007, and is covered by the Writer's residual.

Now, ABC.com can decide whether to keep LOST available for streaming view in the first quarter of 2008 (Jan 1 - March 31).  If they do, it would trigger a second residual payment to the Writer.

Every quarter that the show remains available for free streaming view (presumably with paid advertisements), the Writer would get a residual, paid on a sliding scale similar to repeat broadcasts on traditional network.

This quarterly residual is already tried and tested on the internet for licensing of photographs and other media.  It also closely follows the existing paradigm.

This method of calculating residuals is fair to both sides.  

Now, AMPTP and WGA, get back to the table and work out what the actual figures would be so we can all get back to work.

The Iraq War Analogy

As we are planning the coming content for this site, the one issue that we keep confronting is the fear that our intentions are going to be misinterpreted.

We disagree with the Strike.  We think the timing was ill-advised and we think the enemy was under-estimated.  

BUT...

...we support the Writers.  Their complaints with the current Agreement are legitimate and we firmly believe that they deserve a residual from for-profit internet distribution of their work.

In other words, We Support The Troops, But We Don't Support The War.

Problems With "The War"

It is our opinion that:

1. the WGA rushed to Strike (5 days after the contract expired), 
   
2. the WGA miscalculated the resolve of the AMPTP,
3. the WGA did not give negotiations (aka diplomacy) a chance.

The WGA assumed that by walking out now, they would force the AMPTP to begin earnest negotiations with the Writers before dealing with the DGA and SAG.  The fear was that joining with the other two Above The Line unions in a "perfect storm" strike would have lessened their role in the process, forcing the WGA to basically accept whatever the other two unions negotiate.

There was also the concern that Producers would stockpile works now in order to better weather the storm in the second half of the year (a tactic which worked for the Producers three years ago when a SAG strike was averted in the 11th hour -- the was still a massive work slow down for the next several months).

What the WGA failed to appreciate, however, was that the threat of a strike holds significantly more leverage in a negotiation than an actual strike holds.

Don't believe me?  

By most accounts, the last minute negotiations on Sunday, November 4 were proceeding well.  The WGA had removed a major request from the table (doubling of DVD residuals).  The AMPTP was moving on other proposals.  Work was getting done.

Then the strike happened.

There have been no talks since. (as of this writing - 11/13/07)

Welcome - Content Coming Soon

Welcome to the first post on Divided Hollywood. In the days, weeks and months to come (and the strike will be MONTHS, if the WGA is left to its own devices), we will be posting news, notes, stories and videos about the WGA strike and how it affects Working Hollywood -- the "below-the-line" crew members who did not choose the financial turmoil that has been foisted upon us by the Writer's walkout.

This strike is good for no one, least of all the "little guy." Much was made of the 90.3 yea vote for a strike by the Writers during the last week of October. But if you had opened up the vote to all of Hollywood, that number would have been WAY lower.

The creators of this site want to make very clear one fact -- we actually SUPPORT the WGA and its Membership in their pursuit of fair compensation in the form of higher residuals and a fair percentage of for-profit internet content delivery. We just FIRMLY believe that a strike, at this time and in the current manner, is dangerously short-sighted and ill-advised.

Gazing into the crystal ball, we fear that this strike will not be resolved for months, and only when the Writers eventually accept a deal that could just as easily been reached without a work stoppage. Maybe we're wrong. We'll see.

Finally, we ask that picketing writers stop claiming that their strike will eventually benefit all of us. These claims are, at best, delusional and, at worst, flat out lies. This strike hurts everyone in the short term. And in the long term, we working-class crewmembers will not receive any benefit. In all likelihood, we will find that our next bargaining session will gain nothing, as too much of the pie will have been handed out to the above-the-line guilds.