Showing posts with label Writer's Strike. Show all posts
Showing posts with label Writer's Strike. Show all posts

Wednesday, July 2, 2008

WGA Strike To Blame for Hillary's Loss?

Random thought of the day, upon reading this article interviewing Dennis Haysbert, who conjectures that his stint as President David Palmer may have paved the way for Obama's candidacy (and let's all hope that there's no Day 1-esque attempt on Obama's life)...

Day 7 of 24 was to feature Cherry Jones as the President. It would've begun airing in January, a little after the Iowa caucuses and the New Hampshire primaries.

Of course, as we all know, it was pulled from the schedule as a result of the WGA Strike.

And, apparently, Jones' performance will be Emmy-worthy.

We've already had female Presidents on television (see short-lived Commander in Chief and, of course, BSG).

So, my thought... would having this portrayal of a female President on television during the primary season have helped Hillary? Sight unseen, we have no idea what kind of President Jones' character is going to be (while we know David Palmer was an upstanding citizen, moral center, etc).

Again, totally random.

I swear, I will be posting thoughts on The Ex List and Project Gary and more one of these days... but real life comes comes, and real life is teh crazy bizzeh.

Tuesday, February 12, 2008

92.5%

Well, the strike is officially over. It'll be interesting to see on Feb 25th (or 26th or later, depending on when votes are tallied) how the figure for ratifying the new MBA differs from this "lift the strike" authorization.

Now we can get back to the important things... complaining about how badly written Saturday Night Live is now.

Saturday, February 9, 2008

Ho-Hum

I'm going to be VERY curious to see WGA member reactions to this tentative deal.

It's very clear that the DGA deal (even though not formalized in draft language) was used as a template.

The only real differentiations as I can tell is an added "Downloads Rental" section (which, with Netflix's move towards online rental and the opening of the iTunes Rental store actually may be quite a significant gain, given that it is set at 1.2%) and the section on Separated Rights.

The jurisdictional clause is pretty close to the DGA language, only instead of a "WGA member" (instead of DGA member) working on the project satisfying the jurisdiction requirement, it is termed as a "professional writer", which I think is quite interesting. The actual draft language will probably detail this section, but it certainly seems to imply than non-WGA members count as "professional writers". The deal memo is vague.

Meanwhile, it's the same (pretty shitty) EST rates (0.36% for first 100,000 TV / 50,000 feature, increases to 0.7% and 0.65% respectively). On the flip side, hey, maybe this means we'll actually find out how many copies of Gossip Girl are being sold on iTunes (where it's constantly #1... but we've had no idea what that meant).

Regardless, behavioral / preference studies have shown that people are much more likely to use Ad-Supported Streaming video options than EST... and the ASS section is pretty complex and I don't want to really give a first-blush impression. I think that the feature section represents a real victory, as it is the "normal" 1.2% residual rate with no ifs, ands, or buts. The television section is the complicated part. The major difference I see is that the writers got a second year with 26-week options at 3% of the residual base, and the 2% of distributor's gross (notes, these are different bases) only kicks in at the third year (whereas I believe the directors on had one year of 26-week options, and in the second year the lower residual rate kicked in). The big question that I have is about the imputed value of the distributor gross receipts. The deal memo states that the value of said has been imputed at $40K for an hour-long show and $20K for a half-hour-long show (thus 2% per 26-week period would be $800 and $400 respectively). I know the definition of "impute", but do these residual numbers change based on what the actual gross receipts are during 26-week periods in the third (fourth, fifth, etc) year?

The explanation of this whole section (Television Ad-Supported Streaming [New Programs]>Residual Payment, Network Prime Time), I'm sure, will be the crux of whether the majority of the general membership is in favor or against this contract.

One last interesting note, though... the new contract, if ratified, would expire at the start of May 2011 (two months before the DGA and SAG contracts). This shows how effective this strike was. The studios fear that the next time the writers go on strike, it will derail a television season, the next pilot season, awards season, and the slate of movies 18 months later. Starting the contract in May lands it immediately after writing is done on network television shows, when filming is done on pilots, after awards season, and at such a time as to not have any effect on the immediate blockbusters (as some of the 2008 summer blockbusters were delayed by this strike). In other words, the writers' leverage next time they go on strike will be, well, not as much (at least there will be a less profound effect of going out on strike immediately after the contract expires). Provided the television industry's schedule stays pretty much the same, the only major effect will be the delay of the start of the next television season (like what happened in 1988). Well, hopefully there's no reason to strike for a good, long while.

3:43PM UPDATE: There seems to be a lot of noise about this missing "most favored nation" clause (for New Media areas). What gives? Also the attitude seems to be that writers have to take this deal, or wait another 3-4 months until SAG's deal is up (and presumably goes on strike). Somehow, with the deadlines coming up, the AMPTP has put the pressure on the WGA to take the deal (since, supposedly, this contract comes with a "lift the strike, then vote to take the deal or not" presumption). What gives there? You know what, some dark, deep place in me almost hopes that the general mood of the writers is against the contract, so the WGA can go back to the AMPTP and demand more (i.e. a shorter free streaming window, and some advancement on DVDs), then put it back to the membership for a 48-hour vote (instead of this 10-day vote). Come on, WGA, put the pressure on the AMPTP! Your leverage is about to expire... but until it does, USE IT!

Friday, February 8, 2008

You're Breaking My Balls, Here

Sigh, staying in tonight because of by persistent cough and sore throat (at least the congestion has subsided a bit).

Meanwhile, still no contract draft, per Nikki Finke (who attributes it to the AMPTP taking too long... but after quite a bit of experience assisting an agent who dealt with business affairs people on contracts far simpler than the WGA MBA... these things take time to read, to edit, and to approve. Like, a lot of time). I understand that the reasoning behind the deadline of tonight is basically two-fold. First, because the WGA East and West are having general membership meetings tomorrow, which means the contract needs to have language or the WGA can't present the contract to the members in order to gauge the membership's feelings about it in advance of Sunday's Board meeting that can choose to lift the strike before Monday if the feeling is that the membership will ratify the contract (or not). Second, because of the ticking clocks of The Oscars, pilot season (and to some extent, the rest of this season... although in truth there's not going to be many series coming back until Fall), and salvaging the studios' 2009 slate.

So, while I understand the delicate, detail-laden issue that is contract drafting... let's get this thing written and signed by the CEOs in time for the meeting tomorrow (which, I guess, would mean by 2pm Eastern). You'd think people, at this juncture, would be willing to pull a couple all-nighters.

Saturday, February 2, 2008

And contrary to my previous Doomsday post (aka Lucy)

... here is what I'm hearing from another source, and it goes more closely hand-in-hand with the vibes form Nikki Finke and the New York Times articles.

Everyone is in agreement on the basic terms of the deal, and an agreement is being drafted, it should be in by Tuesday. If there are no issues that come up based on that draft, the contract will be brought to the WGA board probably by Friday. If the leadership (Verrone, Bowman, and Young), the board and the negotiating committee are behind it, the feeling is that the general membership will ratify the contract.

This process could take up to three weeks, but writers could go back to work sooner than the contract being ratified.

Obviously, it's a wait-and-see time, and there's no guarantee that SAG will find the deal close-enough that they don't go out on strike in July.

And there's nothing saying this can't and won't blow up in our faces.

It would seem as if having Peter Chernin back in the informal talks yesterday helped a lot.

Lucy

Despite Nikki Finke's most recent post citing progress at informal talks between the WGA and the moguls, I heard a really disturbing rumor tonight that I pray to God is just idle speculation that went through two people before getting to me (though the original source is someone who is highly placed within the industry).

The rumor basically goes that if there isn't a settlement tomorrow, the studios are going to walk away again. And are going to sit it out until next year.

So, when this doesn't come to pass, I hope you'll forgive me for being foolish enough to post it and get you all momentarily worried with me. But I'm deeply troubled by even the possibility of the "next year" part of this rumor, much more so than Lucy pulling the football away again.

I don't understand the financial reasons for walking away again, because, as I've said before, the studios have accomplished the house cleaning they wanted to get done with the strike lasting as long as it has. There are no more short-term gains to reap (aside from firing executives and their staffs), only long-term losses to exacerbate.

Monday, January 21, 2008

A talk with my parents

I spoke with my folks today about the WGA strike. It disturbs me that the outside world must surely share their view, as their opinions have been formed by mainstream media. Those opinions are:
- The DGA deal is a good one for writers, because it is a deal.
- Should the WGA negotiating committee not be able to hammer out a deal with the AMPTP now that negotiations seem to be back on the horizon, the WGA is on the verge of being busted because countless members are going to break off from it (go fi-core, though they don't know what it means).

In truth, the DGA deal may be a decent one for directors, I can't judge.

However, any real advances they made (specifically "distributor's gross") are because of the writers going on strike. In a universe where the writers hadn't gone on strike in November, the DGA does not make nearly this good a deal.

As for what the WGA gets now? Yes, the DGA deal will be a template used by the AMPTP in negotiations (which will hopefully be in good faith). At least they're talking however I've seen this effective union-busting technique before, and I'm not fooled by it. Am I cautiously optimistic that the WGA and AMPTP are talking? Hell yes. Am I at the same time worried that this is another feint by the AMPTP to send the WGA membership on a rollercoaster, giving a brief moment of "OMG, there's hope on the horizon" only to pull the rug out from under us by not negotiating in good faith (although with the exception of union-busting, there is no longer any financial reason for the studios to not bargain in good faith with the WGA... the overall deals have been severed, development slates are being cut down, some of 2009's features are starting to feel the burden).

Anyway, whatever the WGA gets now is primarily because we went on strike, and not because of the DGA deal.

Should there not be a deal made (in a timely manner), though? I don't see this ridiculous massive fi-core split. I don't know a single writer contemplating it. I don't know anyone who knows anyone. I don't know anyone who knows anyone who knows anyone. Somehow, John Ridley going fi-core has let the mass media spin it out that there's a schism or giant contingent in the WGA that will do the same, when the truth is simply that a lot of writers (specifically, and as reported in the trades and media, a group of showrunners) are voicing their concerns to the guild leadership that a deal be made. Because if it's not made in this coming negotiating session, then there's no chance of getting anything else out of this TV season and pilot season (as diminished as it is) will be forfeit. It's TV writers "pressuring" the guild and the reason should be self-evident.

But the guild can't fold and take the DGA deal. It doesn't work for writers. They can't take just any deal, especially not after a hard-fought eleven-week(-plus?) strike. The deal has to work for writers and it can't be a bad deal. The WGA made a bad deal in 1988. Once burned, twice shy. And in this New Media fight, the WGA (and its membership) should know that making a bad deal isn't going to help the industry because if the WGA makes a bad deal, come July SAG will be on strike. It's not like we're going back to work without a stoppage for the next 20 years provided just any deal gets made.

At this point, though, I'm not sure what a "great" deal for the WGA looks like... I don't even know what a "good" deal looks like. The question I really have is... what will settle the strike? What deal terms? I'm excited to see (because I want to get back to work).

Which my parents understand. After I explained it to them. But I worry that because of the perception the media has been putting out there (DGA deal should be taken by WGA, WGA strike had nothing to do with DGA getting a good deal, WGA may break if no deal is made), if the WGA does not make a deal... the massively pro-WGA public opinion, a war that the WGA actually has been winning, will start to wane.

Thursday, January 17, 2008

DGA makes a deal

Alright, the DGA is done. Now let's see this deal's terms, see if they can help bridge the gap between the AMPTP and the WGA (and SAG), and get back to the negotiating table.

I'm hesitant to get too optimistic are near-future progress. Remember, part of the strategy of union breaking in the time of a strike is causing a rollercoaster of emotions... hope, despair, hope, despair, etc.

Some terms of the deal can be found via this DGA fact sheet.

My thoughts...

- New Media jurisdiction... a given necessity. So yay. The exceptions seem acceptable, but then again I have no idea what things like the Lost: Missing Pieces clips cost to produce so... I can't weigh in legitimately on that stuff.
- Electronic Sell-Through... I think the WGA is going to want more than what the DGA got on this, as it's only slightly above the DVD rate (and the increased rates only kick in after a certain number of downloads). I think the WGA will still ask for more because this isn't as important to the DGA as it is to the WGA, as many members in the DGA are ADs and do not receive residuals. I've no clue how many copies of even the most popular series are downloaded, as that information has never been released (for instance... even though Gossip Girl episodes are constantly the top downloads on iTunes TV Store... how many copies are being sold?)
- HOWEVER... payments for EST are based on distributor's gross. That is essential (and the AMPTP told the WGA it needed off the table before negotiations could resume was also accepted). It seems as though the "Fair Market Value" provision that the AMPTP wanted to do away with is in the deal as well, as the DGA will have access, through this deal, to financial data.
- Ad-Supported Streaming... that should be acceptable to the WGA. The WGA wanted, I believe, a three-day free streaming window before residuals kicked in, while the AMPTP wanted a six-week window. Seventeen days is pretty much in the middle (and the 3% rate is actually more than the 2.5% WGA was asking for... though the DGA seems to have agreed to a flat rate based on time the program is available to stream, while the WGA had proposed a tier-by-viewing-levels system). The extra week for new programs actually does make sense under "promotional use" thinking.

I'm sure there's plenty of fine print in the actual contract document that isn't summarized, so all of this is "on first, surface blush" reaction.

The DGA deal of course doesn't have anything about reality or animated directing... the DGA already has reality directors in its union (i'm 99% sure). Not sure about animation. Those two jurisdictional questions, the WGA has said, are not blockers to a deal in case they need to be taken off the table (and under proper organization, those writers can become part of the WGA through other ways).

Crap, I'm optimistic.

...

And with the AMPTP statement including "we invite the Writers Guild of America..." rhetoric, sigh, I wonder if the PR war of words is really over.

Thursday, January 10, 2008

The Weinstein Company

Don't have details, but apparently The Weinstein Company has come to an agreement with the WGA.

Here my question... unlike Worldwide Pants, which only has two late-night shows on television, and unlike United Artists, which is currently strictly in the film business, The Weinstein Company produces reality TV (i.e. Project Runway).

So... what does this deal mean with regards to the WGA's jurisdictional issue (they want reality writers in the union)?

Friday, January 4, 2008

I LOVE KATIE HOLMES!

So Tom Cruise's mini-major movie studio, United Artists, has apparently signed an independent deal with the WGA, per Nikki Finke's website.

Great news for the WGA. Now not only an independent and very small television production company has signed on, but a legit studio. Writers can pitch movies. Tom Cruise and Paula Wagner will have their pick of the spec script litter. What's more, UA is a member organization of the AMPTP, while David Letterman's Worldwide Pants was not.

Come Monday (or perhaps as soon as tomorrow), the AMPTP will release a statement that UA only deals with movies, and thus has no concerns about the reality and animation jurisdictional issues that were part of its rationale for leave negotiations/ultimatum to the WGA on December 7th.

WGA needs to keep the momentum of "divide and conquer" going, but it won't really hit it big until one of the conglomerates with movies, TV (studio and/or network), and reality wings signs an interim or independent agreement. I suggest going after CBS Corp, which airs Letterman and Ferguson. Its main business is television, though it is branching into film. CBS Corp signing with the WGA would give it a clear advantage versus competitors by allowing CBS the network to have a pilot season (at least with CBS Corp produced scripts). Which works out even better for the conglom because it would be produced internally so all sorts of costs could be cut (or at least shuffled around the balance sheet).

Another option would be DreamWorks Animation (I'm not certain if a deal could be made with DreamWorks, which is both films and television, as it is "just" a pod at Paramount).

Goodness, how I love it when oligopolies stop colluding.

... my opinion of Tom Cruise hasn't really improved as dramatically as the subject line might suggest... but I might actually seek out Lions For Lambs now.