Divided Hollywood

Writers Approve The Contract

2008-02-27T11:25:00.000-08:00

My time has been completely zapped in the couple of weeks since the Writers went back to work. In that time, however, the contract was officially ratified, meaning the hardliners will have to wait for at least three years before plunging us all back into financial disaster.

But they needn't fret -- SAG lurks on the horizon.

The general feeling seems to be that SAG won't strike, but it obviously remains a very real possibility.

I haven't had a chance to write up my post-mortem on the Strike itself, and this remains something I look forward to doing (so check back!). In brief, though, I -- like so many others -- believe that the Writers contract was achievable without going on strike. And if not entirely so, then at least close enough that the costs of the strike far outweigh the modest improvements that the strike actually earned.

Indeed, a negotiation which hadn't gone nuclear might have resulted in an even better contract -- think of the affordability of a $2000/yr internet residual if the Studios didn't have strike losses to recoup.

Now that the Strike is over however, I will assume that my writers are part of the 93% who voted to end the catastrophe. I'm happy that we're all back to work (or getting there).

IT'S OVER!!

2008-02-12T20:00:00.001-08:00

The Writers have overwhelmingly voted to return to work. The Strike is over!!

Writers return to work tomorrow. Cast and Crew should be right behind them.

Fingers crossed that SAG starts talks really soon. (Like, tomorrow would be good).

I'll post my wrap up of the Strike this weekend. In the meantime, I welcome everyone's comments -- good, bad, otherwise.

Best of luck to everyone. Let's hope the rest of the year is busy for all.

It's Over! (Soon)

2008-02-10T09:18:00.000-08:00

By all accounts, the WGA meetings went very well yesterday.

The Guild Leadership changed their minds about lifting the Strike today, however, swayed by some prominent Writers (and United Hollywood admins) who felt that the Membership would feel better if they got to vote before the Strike was lifted.

As I said on UH yesterday, when this idea was floated out there, I agree with this in principle, but only if it seems the vote might be close. If the vote was going to be a slam dunk, I argued, then all the Guild would be doing is delaying people's misery by an extra two days, just so the Writers could have a nice little feel-good moment.

The Deal is going to pass overwhelmingly.

But the Writers still want their feel-good moment. So the rest of the town will suffer for an extra couple of days. But at least the pain will be blunted by the fact that the light at the end of the tunnel is actually sunshine, and not a train...

It should also be worth noting that not lifting the Strike until after a vote is technically a violation of the conditions of the Deal. Now, I don't expect a 48-hour vote (as opposed to a 10-day vote) to derail anything -- the Studios aren't THAT crazy -- but it's worth noting nonetheless.

Finally, before anyone goes out and makes some big celebratory purchases, it's important to understand that SAG's contract expiration still looms large on the horizon.

Most people feel secure that SAG will successfully pattern their deal off of the WGA deal, but their stance in this whole affair has grown increasingly militant. The industry is definitely going to want to take their pulse before greenlighting projects that extend past June 30.

Pessimism aside, the fact that the Writers have finally got their contract is great news for all of Hollywood and great news for the Writers. When all is said and done, the strike will have been 100 days, and they will have a contract that gives them the most important thing: jurisdiction over new media.

And it's going to pass the vote.

Whenever hope sprang up in the negotiations, my constant refrain was "cross your fingers, but don't hold your breath." Now it's time to hold your breath... we're almost done.

I would especially urge any non-writers who are critical of the deal (or the path to it) to stay silent for a couple of days. If you can't say anything nice, don't say anything at all. Don't put anything out there that could potentially derail the Deal (and thereby continue the Strike) until after it is signed.

There will be plenty of time for a Strike post-mortem AFTER the Strike is over.

That should be right around Wednesday!

Is That The Finish Line I See?

2008-02-09T08:49:00.000-08:00

It came down to the last hour, but the deal language got resolved, and the WGA has reached a tentative agreement with the AMPTP.

The deal will be discussed in general assembly meetings in both NY and LA.

The board will decide tomorrow (Sunday) whether to lift the Strike or continue, based primarily on their belief that the deal will or will not be ratified by the Membership.

The deal points can be read here.

The biggest problem this contract faces is Hard-Liners' hatred of the 17-day promotional window for streaming reuse. My guess is that, though truly hated, this provision will not be enough to derail the deal.

The argument will be "do we really want to strike for another 4 months just to get that down to 10 days? Let SAG be the bad guys now -- see if they can get it."

Fingers are crossed. This should be a deal good enough (especially with Verrone and Young's endorsement) to get the Strike lifted tomorrow.

Writers will be back to work on Monday. Crews should be back days later.

The Moment (err... Weekend) Of Truth

2008-02-08T20:14:00.000-08:00

On Saturday, the WGA will present the new proposal to the general membership at meetings on both coasts (assuming the legalese is properly worked out by midnight tonight -- which is not a foregone conclusion).

Strike Captains were shown the proposal today and, per an article on United Hollywood, this is the state of affairs:

Patric Verrone, Michael Winship, David Young, and John Bowman are all recommending the deal. They think it’s a good one – not perfect – but a good solid deal that we would never have gotten if we hadn’t have gone out on strike. They believe we got every last penny on the table.

The negotiating team will go over the proposal, point by point, with the Membership.

If a majority of the assembly seems happy with the Terms of Agreement, and will likely ratify it – the greater board will take this into consideration when they meet on Sunday. Then, on Sunday they will vote on whether or not to lift the strike, and send everyone back to work on Monday. They will only vote to lift it if they feel that the majority of membership likes the deal and will ratify it. If that's the case – we go back to work on Monday.

It is now up to the Writers. If the Hard-Liners sway enough people, the Strike will continue until at least June 30. If the moderates prevail, the Strike That Never Should Have Been will finally be over.

The most important thing right now is for 1) the lawyers to finish up by midnight and 2) for all those Writers who swore by Verrone and Young at the beginning to be true to their words now. Even if you aren't crazy with the deal, you have to trust your leadership. Believe it or not, they may actually have a better understanding of how the negotiations have been going than you do.

Hopefully, clear minds and level heads will rule the day.

And then everyone else can get back to work. Finally.

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Note: I have edited this post to remove a line about Verrone and Young which, though I still stand behind it, I felt was distracting from the point at hand and was looking at a possible outcome which I do not feel is likely.

WGA To Present Terms Of A Deal This Weekend

2008-02-06T06:34:00.000-08:00

The WGA is going to present terms of a deal to the Membership on Saturday.

This really could be "it"....

From Verrone and Winship, in the latest official WGA email to members:

As Negotiating Committee Chair John Bowman wrote you last night, we are continuing to negotiate the terms of a tentative agreement with the AMPTP. We anticipate that we will be able to present the terms of that agreement to you in the next few days.

While the Los Angeles meeting will be at 7:00pm on Saturday, the New York Meeting will be at 2:00pm local time. Which means we will likely have word about the terms of the deal by noon on the West Coast.

It has been reported that, as part of the negotiations, the WGA will call off the Strike when the NegCom agrees in principal with the deal, as opposed to after an official Membership vote.

This means that, if things go well, Friday may be the last day of the Strike. Cross your fingers, but don't count your chickens...

I have heard from several sources that production for most shows in the 2007-08 season will resume within a couple weeks of the Strike's end. I've heard most shows will be looking to do anywhere from 5-8 episodes to finish out a truncated season. It is likely, however, that some shows will not return this year.

For shows that do return, it is likley that SitComs will start shooting about 2 weeks after the end of the Strike and Dramas will take a week longer to start shooting. Each show is unique, however, and some will take longer to get back up to speed.

Best of luck to everyone, and may cooler heads prevail.

Call For Posts

2008-02-02T18:19:00.000-08:00

I am humbled and grateful that so many people have found this site and use it for real debate of the issues around the Strike.

I hate to be hogging all the front page space.

If anyone would like to post an article on the front page, please let me know at unite(at)dividedhollywood(dot)com. [The (at) and (dot) are to prevent autospammers].

This offer is open to anyone, no matter what their stance on the Strike.

Depending on interest, I may give some people access to post directly. Otherwise, I might post on their behalf. I won't edit anything without your permission. If I decide not to post an article, I'll do my best to make my reasons clear.

As always, the comments section remains unmoderated.

Wire Services Report Big Progress

2008-02-02T18:16:00.000-08:00

Take this with a grain of salt, but the AP and Reuters are reporting that major hurdles have been cleared and a deal could be announced by the end of the week.

The deal would still have to be ratified by the WGA Membership.

No word on how this made it through a news blackout, or which side leaked it. It could be an AMPTP trick.

Keep your fingers crossed, but don't hold your breath.

Read the Reuters report here.

Weekend Special - Open Post For The Good, The Bad and The Ugly

2008-02-01T19:49:00.000-08:00

A comment from the previous post was looking for an open post in which everyone -- pro & con -- could express their views on the Strike.

As you probably know, comments from all points of view are always welcome here, even anonymously.

But here's an opportunity for everyone to express views, concerns or questions which are not tied to any one specific topic (other than the Strike itself).

If this gets too far off track, I may close the comments (to this post only) on Monday morning.

Otherwise, have at it...

Hardliners' Voices Rise Above The Moderates

2008-01-30T11:51:00.000-08:00

It's been nearly two weeks since the DGA announced that it had reached a deal with the Studios, thereby averting a Directors' Strike and also, in theory, laying the foundation for the Striking Writers to secure a similar deal.

Initial response from Hardline Writers was as expected: "This is the worst deal in the history of deals."

The rest of Hollywood saw the merits of the deal and, when the WGA NegCom and the AMPTP restarted negotiations (although informally), most of us collectively and optimistically held our breaths.

The beginning of this week brought rumors that a deal was imminent, and perhaps it is. But as the week has drawn on, there is a growing sense that the hardline view is actually starting to take hold.

People are still buying into the "Sky Is Falling" fear that reruns are going to disappear. This is lemming-like conspiracy-based fear at its most insane. The idea is so farfetched as to be comical, yet folks are falling for Mallory Keaton's warped (though obviously very earnest) view.

The boogeyman is everywhere...

Now the SAG president is squashing the deal. Respected Writer-Director Phil Alden Robinson is writing (rather eloquently) about how bad it is.

I understand that this deal is not the pie in the sky deal that anyone wanted. I even get that some realistic goals were not met -- I thought the streaming residual would come in at around $2000, for example (which is a number that might as well be $1200 as far as many hardliners are concerned).

But I urge these writers -- again -- to really lay out what they realistically expect to gain in a contract that is not currently there. And, again, what price are they willing to pay? What price are they expecting the rest of us to pay?

Is it worth another 6 months of strike in order to get jurisdiction for Reality? Is it worth 3 months to get $4000 for streaming?

Cos guess what? A lot of us don't think it is worth it. We're done with this strike, which NEVER SHOULD HAVE BEEN.

We're sick of the financial losses.

We don't want to lose our homes.

We are sick of you flushing the present down the drain in exchange for a future that would be uncertain even with the bestest, most wonderful contract ever conceived by man, woman, or unicorn.

The DGA deal is an excellent template. If tweaks can be made without derailing the whole process, fine. But it is time to get Hollywood back to work.

This Strike has produced some dividends. It's time to cash in.

Sign the deal.

Both Sides Are Talking

2008-01-24T08:09:00.000-08:00

It's been a few days since posting something new, but there hasn't been much to post about.

This is a good thing.

Writers and Producers are talking. Writers have removed demands for Animation and Reality (which were, no offense to writers in those fields, obvious bluffs all along).

Both sides seem to be honoring a news blackout.

Dissection of the DGA deal continues, but the rhetoric seems to have fallen sharply.

Good luck to both sets of negotiators. Figure this thing out and let's all get back to work!

The Irrational Fear That Reruns Will Disappear

2008-01-21T21:59:00.000-08:00

One of the popular "problems" with the DGA deal (and past proposals) which keeps getting repeated like Gospel, is the idea that television reruns are going away and that soon all repeats will only be on the internet.

The fear mongering argument then says that any money in this area, short of $20,000 (the current residual for a one-hour program) is a roll back. Writers are going to go broke, claim the writer radicals, because their residuals will vanish.

The problem with this "problem?" It's completely false.

Content is indeed shifting to the internet, and in a big way. The issue, though, is who is watching it there. The answer? First time viewers.

People are watching more and more of their favorite TV shows online. But they are watching it there instead of on TV, not in addition to TV.

The bigger problem with the Fear of Disappearing Residuals is that those afflicted can't come up with an answer to what will replace these supposed vanishing reruns.

If there's an empty timeslot on CBS' Monday Night Schedule, what do you think they're going to air? The answer is simple CSI: Miami Repeat. Why? Because even if NBC airs a brand new episode of Studio 60, The Black Donnelleys or Journeyman; guess what show wins the timeslot? CSI: Miami Repeat does. Don't believe me? Look up the last two years worth of Neilsons.

And, okay, I grant you that CSI: Miami is a hit show, and the WGA is striking for all writers, not just those on crappy David Caruso vehicles (nice shades, dude).

Let's take our dearly departed Journeyman then. Assume for a moment that the show was still on the air. March rolls around. It's not Sweeps. You could air a new episode, but you want to keep it for later.

So what is NBC to do? According to the No More Reruns folks, NBC can't repeat an episode of Journeyman to catch up someone who hasn't watched from the beginning and still doesn't quite get why Dan Vasser travels through time, but never bangs his ex-girlfriend.

Well, if they can't rerun something (doomsday scenario), doesn't this mean that they have to -- gasp -- air something original instead?!? And wouldn't this mean that there's a Writer somewhere getting first episode money instead of much lower rerun money?? Isn't this a GOOD THING??

Or is NBC more likely to just go black for the hour? Seriously, they can't compete against CSI: Miami (ignore for the purposes of this argument that THEY are in repeats), so NBC should just throw in the towel and go dark, or let the late local news come on early so we can get extra footage of the Butt Naked Bandit.

In short, repeats -- to the detriment of the Television Viewer -- are not going anywhere. They are a staple of American Network Programming and they are here to stay. And all those cable channels? They've got even more reruns than the big 4.

Streaming Media moolah is fresh, delicious moolah. If you want more, go out and get it; but don't do it out of fear that stale old rerun moolah is going anywhere. That garden is mighty green for years and years to come.

A Response to Nikki Finke's Shitty Column

2008-01-21T21:43:00.000-08:00

As has already been reported, Nikki Finke's first column back since falling ill was titled first "Is That Shitty DGA Deal The Only Deal", and is now titled "That Shitty Deal Is At Least A Start."

Muckraking "journalism" at it's finest...

But I'll give her a tiny little bit of props for actually allowing some anti-Nikki comments to post. I especially liked this gem, which completely sums up my feelings about DHD:

You probably won’t post this and that’s a shame. But I’ll comment anyway, futile as it may be. I come from a family of instigators, where someone will say to someone else that so-and-so said this awful thing about them, fueling anger and resentment on both sides. Most of the time, these gossiping family members think they’re “doing a good deed for the greater good of the family”, when in fact, they’re simply creating an atagonistic environment. What they really must do instead is: let people resolve issues amongst themselves. And that’s what you need to do with the strike. By posting your “shitty DGA deal” comment, you’re again fanning of the fires of radicalism. Which is what this strike has become. A radical, irrational shit-throwing war. Rational people in the WGA are muzzled by louder, angrier and bitter people in the WGA. Notice how progress was made in your absence, without your snarky editorials. Bottom line: you’re not really in the movie and TV biz, Nikki, you just report on it, yet inexplicably your comments can arguably iffluence the position of many people who are actually WORKERS in this town. Look, you do some very good reporting, but right now, you’re getting involved in something you shouldn’t be getting involved in by fanning the flames. So use your power wisely. I know you try to, but at times, like today, you do nothing but make a bad situation worse. Just like people in my family do. I see it all the time and believe me, people like you do no one any good.

Posted by "Rational Thinker".

If This Deal Was On The Table In October...

2008-01-21T10:15:00.000-08:00

UPDATE - I'm moving this post back to the top, because I think discussion of the DGA Deal and it's impact on the WGA Strike is more interesting than a discussion of what's happening behind the scenes over at United Hollywood...

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Bloggers and commenters seem to be split on the value and merits of the DGA deal, especially when discussing whether the WGA should sign the same deal.

The most common refrain is something along the lines of "we didn't strike all this time to get that deal."

This is a common emotional response to negotiations, but it is the wrong way to look at the deal that's on the table (or soon to be, in this case).

What's done is done and it can't be changed. So the Writers have to try to forget (for a moment) that they've been on Strike and look at this deal with fresh eyes. They need to examine its merits and its faults and weigh whether it is acceptable versus an alternative of months more striking in exchange for an uncertain deal.

In short, pretend that the Strike never happened. Pretend that the WGA MBA expires on January 30. The DGA deal is presented by the AMPTP. Do you take it?

If the AMPTP had been this reasonable way back in October, would this deal have been good enough to avoid a Strike?

If the answer is yes, then every businessperson in the world, every economics professor, would say you should sign the deal now.

If the answer is no, then you have more work ahead of you. Now you have to determine what you might realistically gain by Striking. And that has to be compared to the costs of Striking.

In all likelihood, a WGA dismissal of this deal would amount to a Strike which lasted until July or August. The AMPTP would have more leverage than they have had at any time during this Strike. And they have large coffers. They won't budge from this, at least not in the short term.

This Strike has lasted 2 1/2 months. Are you financially ready to go 6 months more?

There would likely be a wave of Fi-Core writers. Maybe it's a handful, maybe it's dozens, maybe it's a hundred or more. But no close observer of this Strike could honestly believe that the entire Guild would hold strong after rejecting a deal that many of its Members believe to be good. How would this affect the Strike and the negotiations?

Finally, what is the added benefit that the additional strike would earn? Could you get $2000 for new media streaming? Is that worth 6 months of Strike and defections of the Membership? Could you get Reality and Animation jurisdiction? Would that make up for the current Members that you would lose?

This deal is not perfect. In fact, it's far from perfect. But this deal is good. In fact, it's actually very good. It offers new payments and jurisdiction that the WGA never had before. And it forms the foundation for the next contract, when you can negotiate for an even bigger portion of the pie.

This deal is worth signing.

Please, approve the deal and let's all get back to work.

New, Increased Moderation Of Comments At United Hosting

2008-01-18T22:35:00.000-08:00

UPDATE - Comments are up and the debate appears a little less one-sided. I've been in contact with one of the people that run United Hollywood and have been assured that they are working to keep the comment moderation fair. They admit that mistakes happen, but they seem genuine when they say they are working to minimize that.

It would obviously be great if there was no moderation, but I believe them when they say that they receive a ton of truly nasty comments as well as pure spam.

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For everyone reading with fear all the negative comments at United Hollywood about this deal, know that you are only reading one side of the story.

Despite having a cordial and respectful posting relationship with United Hosting in the past, I am disappointed to report that my last two comments have not been posted to their corresponding stories.

Neither of my posts were inflammatory nor irrational. Writers may or may not agree with the comments, but dissent has always been tolerated at United Hollywood.

John Aboud has even posted one of my suggestions on the front page there. I have always been appreciative of their open-mindedness and, for the most part, their moderate (though obviously WGA-leaning) stance.

I have commented repeatedly that I would stop posting if I was asked to.

I was never asked. I was deleted.

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For the record, my most recent comment actually was posted, but was deleted within 30 minutes. The comment before that does not appear to have ever been posted.

The comments in question can be seen on this blog, under "If This Deal Was On The Table In October..." and "DGA Has Reached A Deal!"

Regular Divided Hollywood commenter TranspoBill also reports that his last 6 comments have not been posted.

United Hollywood's Post A Comment instructions still read "Rational debate and discussion from any perspective is welcome, and will never be deleted. "

DGA Has Reached A Deal!

2008-01-17T15:01:00.000-08:00

The DGA has announced that is has struck a new deal with the AMPTP which includes doubling the DVD residual for all Internet Downloads (such as iTunes), and a new residual for Internet Streaming (such as NBC.com).

While the internet streaming residual is likely lower than what WGA members were hoping for (2 payments of $600 -- first after 17 days, and again after 26 weeks), it is important, I think, to put this into perspective. This deal would give WGA jurisdiction over the internet, which has to be the number one concern at this stage. It also gives the Guild payments based on Distributor's Gross, which was key.

The most important thing to remember is that WGA could sign this deal now, and revisit the actual dollar amounts in three years. Hell, they could even strike again! (Note to WGA -- just because the previous strike was 20 years ago doesn't mean you HAVE to wait for 7 more contracts before using the Strike Threat Leverage again).

My initial reaction (which I'm sure is no surprise to anyone) is that this deal appears to be a good one. It is lower than what the Writers hoped for, I'm sure.

The question is, are they ready to stay out for another 6 months in order to get an extra $1200 or so per episode from the Studios?

I hope not.

IF there were a DGA Deal now, what would it mean?

2008-01-17T14:13:00.000-08:00

There's yet another rumor that the DGA deal is done. Especially considering what happened earlier in the week, I would take this with an even bigger grain of salt than usual (is UnitedHollywood the new DeadlineHollwoodDaily?).

I personally heard rumblings about this yesterday, but chose not to post it because, well, who knows anything for sure (besides those actually in the room -- and I'm not in the room!)...

As a general note, I'd find it almost impossible to believe that the DGA would sign a deal -- after only a week -- that wasn't good enough for WGA.

But who knows?

If there really is a DGA deal, then we are at a major tipping point in the strike. Either the WGA will sign a similar deal within the next week or two, or this will go through the end of Summer.

There's really no middle ground that I can see.

Random Selection Continues, Approval Falls

2008-01-15T21:40:00.000-08:00

A few quick items in todays news:

1) Rumor of a DGA settlement seems to be just that - a rumor.

2) Grammys are now the latest Awards Show to get denied an individual deal. NAACP Image Awards, well those are just fine. This brings the current tally to:

SAG and NAACP -- the Writers like you. They really, really like you.

Oscars, Golden Globes, Grammys -- why can't you be more like your siblings SAG and NAACP?

3) ABC 7 / Survey USA Poll asked people who they favor in the Writers Strike.

In November, the results were:

Writers: 69%

Studios: 8%

Neither: 23%

This week, the results were:

Writers: 57%

Studios: 8%

Neither: 35%

That's a twelve point drop in support for the Writers in two months. No one's dumb enough to throw support behind the Studios, who have been acting completely irresponsibly. But people are getting hip to the fact that there's plenty of blame to go around for this disaster.

DGA Deal?

2008-01-14T21:18:00.001-08:00

United Hollywood is posting a rumor, which is apparently spreading like wildfire, that the DGA has reached an agreement with the AMPTP.

The deal, which is expected to be announced tomorrow (Tuesday), would seem (to me at least) to signal that the Directors have obtained a contract which would likely be agreeable to the Writers, assuming of course that the rumor is true.

As I have posted before, I have an extremely well-placed source who assures me that the DGA Negotiating Committee is acutely aware of what the Writers need to see in a contract that they could sign. This same source predicted that the DGA deal would be done extremely quickly (though he thought it would be longer than this).

One would have to believe that the DGA would not settle so quickly if they were not able to satisfy the Writers' needs as well.

Further evidence that the deal, if real, is likely agreeable to the Writers is that several Studios(Warners, CBS, Universal, Fox) cut Writers' deal today. The all directly cited the Writers' Strike as the direct reason for the cuts.

Fingers crossed!

UPDATE 11:23PM Monday - There hasn't been much else reported on this in the blogosphere or traditional press. It's possible the rumor was started by the axe falling simultaneously at four studios, as opposed to it being an existing story which was fueled by the layoffs.

As with any and all rumors in this Strike, keep up hope; but don't fall prey to false expectations. Let's see what happens tomorrow.

Pardon Me While I Rant...

2008-01-13T17:18:00.000-08:00

I gotta say, I am super frustrated with the comments on United Hollywood and the direction that it is going. For the past several weeks, the quantity and quality of comments has plummeted. I originally wrote this off to the holidays, but the brain freeze continues.

First, the moderation of comments has really turned discussion into a series of time-separated opinions. That is to say, the discussion is gone.

Second, and more importantly, the voices that remain just seem like total drank-the-kool-aid types. There's seemingly no rational thought over there. It's hard-line party-line the whole way.

I'm not saying that because people disagree with me that they're automatically wrong. But no one is even open to the idea that there might be other ideas out there.

Any idea that might possibly have benefits for the AMPTP is automatically dismissed -- no matter how much benefit is might ALSO HAVE for the WGA.

These folks are in serious "cut off your nose to spite your face" mode.

The list of mistakes that have been made by the WGA leadership in this Strike is profound. Any attempt to prevent future mistakes is met with a lemming-like loyalty to the Guild that would be laughable if it weren't so disturbing.

I am more and more convinced that the only hope we have is that the DGA get a good enough deal, and soon. I mean, we knew this going into 2008, but it is more apparent than ever. If WGA doesn't sign whatever deal DGA gets, this Strike is going to go through August or September.

I know that the commenters on UH are not the negotiating committee of the WGA. But they used to be better than the Neg-Com. If they still are, we're all screwed.

Is Bill Maher An AMPTP Shill?

2008-01-11T21:44:00.000-08:00

Real Time With Bill Maher returned with a new show this evening on HBO. Maher ditched his opening sketch, launched into a monologue in front of a new set piece, had a satellite interview with PJ O'Rourke, went into the Round Table, brought in a reporter, and then, near the end of the show, brought up the Strike.

Maher said he purposefully waited until the end of the show to discuss the Strike, because he felt it was important to put things in perspective and, in the middle of Presidential Primaries, the Strike simply is not as important to America as it is to Hollywood.

And then Bill Maher nervously ripped into the WGA leadership.

He drew the exact same analogy Divided Hollywood has been using since this site was started in November -- that critics of the WGA, its leadership, or it's tactics are treated by the WGA faithful the exact same way that critics of the Iraq War are treated by the Bush Administration.

This is something I fleshed out in more detail than did Maher, and you can see the poster I created -- on November 20 -- here.

Maher publicly questioned whether this was "the right strike at the right time," echoing familiar questions about the Iraq War.

Our friends at United Hollywood (and I honestly do consider them friends, though I disagree with them on so many things) recently posted that Writers should feel free to voice dissent, so long as they stopped short of "pulling a Ridley" and went Fi-Core.

There would be no backlash, the post went, so long as the dissent was honest and not meant to divide. Well, Bill Maher has put himself out there, and didn't look too comfortable doing it. His discomfort was understandable -- who wants to berate his family in front of a national audience?

But Bill has always spoken his mind and has lost jobs because of it. The question is, will Writers embrace him anyway?

Or will they attack him -- as they attack so many of us with legitimate concerns -- as another AMPTP shill?

DGA Talks To Begin

2008-01-11T15:04:00.000-08:00

Formal negotiations between the DGA and the AMPTP are set to begin tomorrow (Saturday). Both sides are calling for media blackout until negotiations are concluded.

I have a well-placed source who tells me that members of the WGA Board and Negotiating Committee met in December with members of the DGA NegCom and detailed their bottom-line needs in a contract.

Presumably, if DGA can write in these minimum requirements (or better), then WGA will be prepared to sign nearly the same deal, and the strike can be concluded within days of the DGA deal.

This same source repeats what we've repeatedly heard from the Guild, however, that if the DGA deal is not up to their standards, the WGA will not sign it. Period. They are very prepared for the strike to continue.

Good luck to the DGA. And here's hoping that the AMPTP decides to "save face" by being the consummate fair negotiators with DGA...

Let's get a deal and get back to work.

(PS - SAG is still on the horizon.)

Another Awards Celebration Down - WGA?!

2008-01-10T19:58:00.000-08:00

In a sign that the right hand doesn't know what the left is doing, the WGAw announced that they were canceling their awards celebration at the Bonaventure Hotel (a non-televised gala).

The WGAe, who holds a simultaneous event in NY, knew nothing about it.

Frankly, I don't think the WGA should hold an awards ceremony in the middle of a strike, especially when they're shutting down other, broader awards.

But the fact that East and West can't get on the same page about it is one of the few humorous episodes to emerge from this debacle. They wonder why they're losing the war on the PR front...

Strike Casualties Continue To Add Up - ICM, WB

2008-01-10T09:03:00.000-08:00

The strike continues and more people are out of work (or soon to be) because of it.

The Hollywood Reporter writes that ICM has sent several lit agents home, though they get strike pay and will come back when the strike is over. So far, no assistants at the majors have been laid off.

Assistants and staffers at many smaller agencies, however, have been let go and some of those are leaving the business for good.

Meanwhile Warner Brothers has notified many of its staffers and facilities employees that they may be next.

ABC Nightly News covered one casualty on its nationwide broadcast the other night - a craft service person with 20 years' experience who has already lost over $20,000 and has no real options right now.

I'm sure there are many who have lost much more.

Golden Globes Scrapped - Will Oscar Fall, Too?

2008-01-08T08:14:00.000-08:00

Yesterday, the gala event that is the Golden Globes was axed. In its place will be a one-hour press conference, to be covered by NBC News, in which the winners will be announced.

NBC will also have cameras at Golden Globes parties - if there are any - and will give winners a chance to appear on camera.

The Writers' pressure to completely lock down the awards show - no writers, no actors, no presenters - finally led to the compromise as the HFPA tried to salvage some version of its awards, long used as an early indicator of the Oscars.

It remains unclear whether any stars will appear.

As we look forward now to the Oscars, the WGA might want to consider a different course of action. They got the press they wanted and the ounce of flesh they craved from NBC, but should they also attempt to bring down the granddaddy of all awards?

It is important to remember that the AMPAS, which awards the Oscars, is not the AMPTP. Also, AMPAS has not yet asked for a waiver or an interim deal, so granting one when the request comes in would not be a capitulation on the part of the Guild.

Here's a quick look at a number of reasons why the WGA should work with, not against, AMPAS:

1) The Oscars show is the single biggest and most important celebration of our industry each year.

2) There can be no doubt but that nearly every single winner and presenter will be pro-WGA and will make very strong statements as such - for over three hours!

3) 11 of the 24 categories -- nearly half -- honor below-the-line achievements. Other than best song and, to a lesser extent, composer; these nominations are the only opportunity these very talented artisans ever have to be acknowledged on a national (much less worldwide) stage.

4) There are numerous ways to allow the show to go on. The WGA could grant an interim deal. The WGA could grant a waiver. The WGA could deny a deal or a waiver, but not picket. The WGA could picket, but in tuxedos and off to the side -- get the press, but allow (even encourage) nominees to attend.

5) The symbolism of being against the Oscars could do more harm than good.

Take a moment to enjoy the show with the rest of us, Writers. Allow yourselves a chance to celebrate the past year. It was a great one.

Side Deals A-Plenty, Sorta

2008-01-07T05:38:00.000-08:00

UPDATE: The UA deal has been officially announced. It is, according to a WGA letter to Members, "virtually identical" to the WWP deal.

WGA is likely to announce a deal with United Artists today which is similar to the WorldWide Pants deal which allowed David Letterman and Craig Ferguson to return to the air with their writers.

Rumors are also swirling that similar deals are being discussed with Lionsgate and The Weinstein Company.

Meanwhile Dick Clark Productions, the company behind the Golden Globes telecast, has been unable to work out a deal. NBC is finally giving serious consideration to canceling the telecast. If the broadcast is canceled, the awards ceremony could still go on, only without pickets and with full attendance of the evening's nominees, including writers and actors.

DCP has maintained that they are not AMPTP signatories and would sign the same deal which was signed by WWP. WGA has offered no public explanation why they won't sign a deal with DCP. Rumors and blog comments suggest that WGA does not want to give NBC advertising revenue, and wants to deny AMPTP members the promotional aspect of the telecast.

This rationale does not make sense, however, since identical arguments could be made about the WWP deal. CBS gets advertising revenue from those broadcasts, and Alliance Members can freely send stars to Letterman and Ferguson to promote their upcoming releases.

Presidential Politics

2008-01-06T18:18:00.000-08:00

I want to take a break from the Strike for a moment to address an issue which, in the long-term, is more important: Presidential Politics.

After watching the Iowa Caucuses and the two-party debate in New Hampshire, I have decided to endorse (for whatever THAT'S worth!) Sen. Barack Obama for president.

All this talk of being "the candidate of change" is nice, but what's really important are the candidate's ideas, in the scope of our nation's history, and Obama may be the one candidate capable of uniting the people of this nation and putting us back on the path to greatness as a country.

For twenty years, two families have held the White House. Do we really want to extend that streak to 24 or 28? Do we really want history to record a list of presidents that goes Bush, Clinton, Bush, Clinton? Certainly this alone is not reason to vote against Hillary. But the underlying meaning is that we need to look forward, not back.

Barack Obama for President.

(I promise, this will be my only post about politics for politics' sake. Thank you for indulging me.)

Stewart, Colbert Claim WGA Playing Favorites

2008-01-05T15:45:00.000-08:00

Today's NY Times is claiming that The Daily Show and The Colbert Report, which return with new shows on Monday, have been trying to reach an agreement with the WGA that would allow them to return with their union writers (both hosts are WGA Members).

They are apparently willing to sign the same deal as Letterman and "have contended in negotiations with the guild that they have just as much right to an agreement and that to deny them would amount to favoritism to Mr. Letterman. But as of Friday no deal had been made."

The mention was part of a larger article which also states the WGA will likely dole out some form of punishment to Jay Leno for continuing to writer his own monologues, an action which the WGA claims breaks their Strike Rules.

Recent scuttlebutt has Leno on the verge of going Fi-Core, which would raise the possibility of Jimmy Kimmel, Colbert and Stewart soon following his lead. All have been staunch supporters of the Guild to date.

WGA Staffers Are Set To Picket WGA Itself

2008-01-05T09:57:00.000-08:00

In this article from the NY Post, we learn that sometimes Unions are also management...

Apparently the staff of the WGAe are part of the Newspaper Guild. They negotiated a new contract with WGA in October, but the WGA has yet to sign it. Further, the Staffers' Union alleges that the WGA changed the numbers on the contract after it was ratified.

The Newspaper Guild has filed a complaint with the National Labor Resource Board and may go on strike!

Word from WGAe: "Doh!"

Pitfalls Are Plenty For StrikeTV

2008-01-03T08:08:00.000-08:00

The latest gambit by the Writers, as their strike drags on with no end in sight, is to create their own internet channel to distribute their own original content and earn advertising revenue from it.

It’s an intriguing idea and, with proceeds promised to a Solidarity Fund (give financial assistance to members of other unions who are hurt by the strike), this could turn out to be added leverage at the bargaining table and a big morale booster all around.

Of course, that’s the best case scenario.

The problem with StrikeTV is all the complications it is likely to encounter.

Most importantly, the viability of StrikeTV goes to the very core of the stated reason for the strike in the first place -- the financial windfall that internet distribution promises.

What if the money doesn’t come in? What if the product isn’t any good or, worse, is too expensive to make a profit?

StrikeTV could quickly backfire. Suddenly, the AMPTP could point to it and say, “See? It’s not so easy, is it?”

I’m not saying StrikeTV won’t work. I’m saying the odds are stacked against it, and therefore the Writers need to approach it not with their usual temerity, but instead with the forethought of an attorney cross-examining a hostile witness. Most importantly, the Writers-cum-producers-cum-network-executives need to do some serious homework and some major-league preparation.

Here are just a few of the potential stumbling blocks:

1) Union cast and crew. Let’s face it -- we’re generally pretty decently-paid artisans (when we’re working). This means that even the most humble of productions is going to be pretty expensive once you start using IA crews and SAG talent.

Sure, projects which will donate all present and future revenue to strike funds can probably use an all-volunteer cast and crew. But what about projects where the Writer-Producer retains the rights and the potential to earn future revenue? This is an aspect of the productions which is being heavily promoted by StrikeTV.

In this case, Union Cast & Crew should be properly compensated at Union Scale. Barring that, if Union Waivers can be obtained, then the Crew should at least participate in the Distributor’s Gross Revenue -- it’s what Writers claim is fair, so they’re basically obligated to offer it on their own projects.

We’ve been told that StrikeTV is working hard to figure out the best way to manage this tricky situation, and we are giving them the benefit of the doubt that something reasonable will be worked out before productions begin.

But the problem here is that this already dangerously close to proving the AMPTP’s claim that internet distribution is not viably profitable right now.

2) Production Value. There is more to creating a good show than just writing it. You must have good people to make it (see above), but you must also have deep resources to create the look that you want.

This means good cameras, plenty of lights, proper sets and locations, good props, microphones, trucks, etc.

And that all costs money. Even if you’re calling in favors, that costs money.

The overall quality of the shows is going to depend in part on how good they look and sound. No one should be tuning in expecting to see something as lush and exotic as Lost, or as gritty and raw as Law & Order; but they still can’t be underwhelmed -- it’s got to look good.

3) Advertising Revenue. This is the single most important aspect of this whole enterprise, at least in terms of StrikeTV’s bearing on the outcome of the Strike itself.

This experiment simply can not afford to fail in this regard -- each show MUST MAKE MONEY. Not only that, the money has to be serious. Think about this. If StrikeTV doesn’t earn, at an absolute minimum,$2500 per show, then how can the Writers who run it justify their claim that a Writer of an episode of Bionic Woman should get more that $250 for an internet repeat?

(The value of any WGA deal has to be multiplied by 10 in order to take into account all of the other Union residuals which would result from pattern bargaining -- therefore a $250 Writer’s residual actually amounts to $2500 in total residuals).

Don’t misunderstand me here -- I’m not suggesting that the $250 fee which was proposed by the AMPTP last month was even close to fair. What I am saying, though, is that if you can’t definitively prove otherwise, you should keep the evidence off the table.

SUMMARY

I don’t have enough information to say whether or not StrikeTV will work or fail; whether it will begin some boon cycle for internet production, or become another InnerTube-like victim of simply “not getting it” when it comes to internet distribution.

But I wonder if the folks running StrikeTV know either.

We basically got into this mess of a strike because the WGA “best cased” the outcome. I don’t want to see the Strike prolonged because someone repeated that mistake.

The best case in StrikeTV is that the AMPTP is cast aside and Writers / Directors / Actors / Anyone-with-a-creative-bone-in-their-body will discover a method to make money with their productions on the internet.

The worst case is that StrikeTV will prove to be undeniable proof that the Writers need the Studios more than the Studios need the Writers.

The reality is likely to be somewhere in between.

Happy New Year?

2008-01-01T10:21:00.000-08:00

It's January 1; a day that is supposed to be greeted with hope and optimism.

This year, however, is starting with fear, anger, sadness, anxiety. And failure.

Our industry is mired in a strike which has completely stalled.

In a time when we should be looking forward, we are forced first to look back. What were the architects of the walk-out thinking? Was this ever a course of action which was going to result in any greater gains for the Members than the alternative? Was there ever a chance it would lead to a shorter, less costly path to a contract than any of the other options? Did the Leadership, or Members, ever ponder for a moment that there were indeed other options?

This strike was born of hubris. Its life is therefore bound to be defined by pain, regret and remorse. We can only hope that its life will be short. But did today’s Doctors Frankenstein expect their monster to live so long and create so much devastation as it has already?

And what of the vision going forward? Where will the Guild take us now? What is the plan?

What, too, of the aloof, irresponsible Producers? Dare we hope that the Studios seize the opportunity to end the suffering and get back to the business of entertainment? Will they see that when you’re after getting the honey, then you don’t go killing all the bees?

Or will both sides stay the course of name-calling, finger-pointing, and digging in their heels?

New Year’s Day is a symbolic time for new beginnings, a bright start, renewed purpose and fresh resolutions. Writers and Producers both should take heed of the time, as it is your common enemy.

One may outlast the other, but by then both may find that time has passed you by and, in so doing, irrevocably damaged our once-fantastic dream factory and eroded the previously bountiful landscape of Hollywood into a sad, desolate wasteland.

It’s January 1. Hope survives. Optimism is gone...

But it could return.

Unmoderated Discussion

2007-12-31T13:10:00.000-08:00

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?

2007-12-30T18:47:00.000-08:00

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

2007-12-29T11:45:00.000-08:00

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?

2007-12-29T10:00:00.000-08:00

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

2007-12-27T07:30:00.001-08:00

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

2007-12-24T10:54:00.000-08:00

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

2007-12-22T09:16:00.000-08:00

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

2007-12-17T20:00:00.000-08:00

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

2007-12-16T09:35:00.000-08:00

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...

2007-12-14T11:12:00.000-08:00

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!

2007-12-12T18:46:00.000-08:00

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

2007-12-10T10:28:00.000-08:00

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!"

2007-12-07T19:44:00.000-08:00

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

2007-12-07T18:54:00.000-08:00

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

2007-12-07T00:00:00.000-08:00

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

2007-11-30T17:38:00.000-08:00

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

2007-11-30T09:48:00.000-08:00

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

2007-11-29T17:59:00.001-08:00

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?

2007-11-29T14:05:00.000-08:00

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

2007-11-25T09:32:00.000-08:00

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

2007-11-20T16:36:00.000-08:00

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

2007-11-20T14:06:00.000-08:00

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

2007-11-16T23:39:00.000-08:00

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

2007-11-16T14:46:00.000-08:00

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

2007-11-13T08:27:00.000-08:00

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:

the WGA rushed to Strike (5 days after the contract expired),
the WGA miscalculated the resolve of the AMPTP,
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

2007-11-08T13:24:00.000-08:00

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.