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AMPTP Asks For Informal Talks

Here's the text of the AMPTP's "Joint Statement" on the front of their website. As frustrated as we all have been with the congloms -- 41 days after they walked out -- this invitation is very significant.

Nowhere in the invitation does anyone mention preconditions or thresholds for these informal talks. There are no demands here that we take "distributor's gross" off the table, for example -

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  • Today's Los Angeles Times talks about "Directors Guild Talks Intensifying" -- and it's a fascinating article.

    First off, it points out the the DGA always has "informal talks" before their main negotiations -- and in these informal talks, all the parameters of the deal are worked out so that when formal negotiations begin, they can go quickly and smoothly.

    This time, it's apparently not so

  • (The following was just sent to the membership from WGAw president, Patric Verrone and WGAe president, Michael Winship.)

    To Our Fellow Members,

    We have responded favorably to the invitation from the AMPTP to enter into informal talks that will help establish a reasonable basis for returning to negotiations. During this period, we have agreed to a complete news blackout. We are grateful for this

  • This was sent in an email to strike captains:Informal talks between WGA negotiators and reps for the other side will commence this week. WGA leadership has been studying the Executive Summary of the DGA's Temporary Agreement to determine which parts of their deal might form a framework for our own negotiations with the Companies. While nothing formal has been proposed, and the DGA's full

  • UH has learned that as of yesterday, the WGA began an informal dialogue with one of the conglom bosses. The conversations were cordial and respectful on both sides.

    This is the way that the DGA talks began -- with informal consultations at a high level between leaders on both sides. It is not negotiation, it's the precursor to negotiation, but the good news is that what Patric Verrone, David

  • This piece was submitted by WGA member Ron Moore, creator of the reimagined Battlestar Galactica.

    At this moment, informal talks are underway between representatives of the AMPTP and the leadership of the WGA. A news blackout is in effect and there will be precious little, if any, word leaking out from the talks and we’re all going to have to get by with rumor, speculation and the precious bits

  • As this is written, the WGA and AMPTP are still under a news blackout regarding the ongoing informal negotiations.

    However, the NY Times just reported that "major roadblocks" have been gotten past in the negotiations, and progress will be swifter in the negotiations going forward -- with an eye toward an agreement in principle coming out of negotiations fairly soon.

    UH has confirmed from

  • As of right now, the Moguls have broken off the talks with a very long, very prepared and very nasty statement. It's also full of half-truths and outright lies.

    It clearly took someone some time to write, and a lot of thought has gone into crafting it for maximum potential dissent within the ranks. It's a PR doc, and it's very well-written. You don't create something like this in ten minutes, or even an hour. This kind of thing takes days, especially if a large group of CEO's have to sign off on it.

    So they've been planning this for a while. Which doesn't speak to good faith in the negotiation on their side.

  • The media blackout continues, although it's getting hard to tell. Today's Los Angeles Times is running a front page story titled "Writers, Studios Outline A Deal."

    It has some of the most detailed information to date on how the informal talks have gone so far. When we compare it to what our off-the-record sources are saying, it appears to be fairly accurate.

    We'd like to highlight the

  • This is the letter that was just sent to the membership:

    AMPTP BREAKS OFF NEGOTIATIONS

    Today, after three days of discussions, the AMPTP came back to us with a proposal that included a total rejection of our proposal on Internet streaming of December 3.

    They are holding to their offer of a $250 fixed residual for unlimited one year streaming after a six-week window of free use. They still insist on the DVD rate for Internet downloads.

    They refuse to cover original material made for new media.

  • Today, we received some solid information regarding the timetable the DGA is setting for its talks. Michael Apted, president of the DGA, and Gil Cates, their NegCom chair, issued a statement:"Because we want to give the WGA and the AMPTP more time to return to the negotiating table to conclude an agreement, the DGA will not schedule our negotiations to begin until after the New Year, and then, only if an appropriate basis for negotiations can be established."The rest of their statement is strongly worded and reflects the same frustration the WGA and the rest of Hollywood is feeling right now. The WGA wants a fair and reasonable deal. The DGA wants a fair and reasonable deal.

  • This was submitted by Phil Alden Robinson, writer-director-producer, and member of both the WGA and the DGA.

    While we anxiously await the results of the "informal talks", I've been doing some hard thinking about the DGA deal. There's quite a bit in there to be pleased with - deal points that should serve us well in the future, and that never would have been achieved without our strike. But there

  • The WGAW responded to the AMPTP today with the following statement:

    Mr. Counter's charge is as offensive as it is untrue. To accuse the Writers Guild of America of blacklisting, when it was we who suffered the most from it in the past, is simply Mr. Counter's desperate attempt to divert attention from the fact that it was he who walked out of the negotiations, and it is he who refuses every day to return to the table. The WGA has an offer on the table and is ready and willing to meet with the AMPTP any day, anywhere.

  • The holidays are beginning. Writers are on strike. Productions are shutting down. Thousands are out of work. The talks are stalled.

    For writers it doesn't feel as if the talks ever really started.

    In any negotiation, it's important to see the other side's point of view, but that hasn't been very easy to do. Rollbacks of benefits. No compensation for re-use. Exclusion from future markets.

    Those don't feel like starting points.

    We all understand the gamesmanship that goes into negotiations. Theatrics can be expected. But reasonable people try to keep the process under control.

    As they walked away from the table, the congloms slammed the door behind them, muttering darkly about unprofessionalism. But during the six weeks of the strike, the AMPTP has not yet presented a fully detailed financial proposal.

    Strikes are supposed to have a sense of urgency.

  • For the last few days, many of us have been feeling that the AMPTP was getting ready to "sucker punch" us. The hiring of an attack dog PR firm (known as the "Masters of Disaster") made it pretty obvious that the congloms didn't intend to settle, and they planned on making things ugly.

    Well, the other shoe sure dropped on that one.

  • Robert J. Elisberg's latest Huffington Post column, WGA Strike Primer: Spin the Bottle, puts the latest AMPTP ploys and PR stunts into perspective. The entire piece is a must read but here are some highlights...

    Regarding the AMPTP releasing a press release just 20 minutes after storming out of negotiations (again) and demanding the WGA drop six issues or else the companies "petulantly won't even talk," Elisberg writes...

  • STATUS: False.
    Several people called and/or emailed under the assumption that because negotiations had resumed, all the showrunners were back on the job. I'm guessing the origin of this rumor was a post on Variety's Scribe Vibe blog from the 26th: Many of TV's top showrunners headed back to the office this week, resuming their non-writing chores (such as editing, supervising post production, etc.). One studio exec said "more than half" of his series' showrunners were back at work, both on the comedy and drama side.

  • This was submitted by WGA member Marc Guggenheim.

    It’s déja vu all over again in Hollywood.

    On October 31, 2007, the day the WGA’s contract with the studios was set to expire, the AMPTP issued the following statement to the WGA:We’ve been working hard to come up with a package in response to your last proposal. But we keep running up against the DVD issue. The companies believe that movement is possible on other issues, but they cannot make any movement when confronted with your continuing efforts to increase the DVD formula, including the formula for electronic sell-through.

  • The AMPTP walked away on Friday. The WGA never left the table.

    The Guild has made itself crystal clear: Specific proposals have been detailed, compromises have been made, the leadership continues to be engaged in a constructive dialogue to quickly resolve the strike. The AMPTP is as clear about its position: You can't talk to writers because they're emotional and don't understand business.

    With the AMPTP away from the table, the negotiation is playing out in the press. If you read Dave McNary in Variety today, there's only one answer to the impasse: the WGA has to accept the companies' demands and get back to work. The companies are too powerful, with their deep pockets and experienced PR resources. The writers' are too emotional, which is great when they're writing screenplays, but not good when you're engaged in a difficult labor negotiation.

  • Statement from Chief Negotiator David Young and the WGA Negotiating Committee.

    We have attempted to negotiate with the AMPTP companies since July. First they ignored our opening proposals. Then they told us we had to choose between their two horrible proposals. Then we removed DVDs from the table. Their response was to walk out of negotiations and tell the press that we were the ones who walked. Last week they presented us with another set of ultimatums. They didn’t even wait for a reply but broke off negotiations and walked out again.

    There is a strategy at work here.

    In any negotiation there are bottom line goals and “fringe” goals. The AMPTP wants to make the WGA reduce our demands to the bottom line so we’ll negotiate down from an acceptable deal to a bad deal If we do this, as we did with DVDs, you can be sure they would not hand us the deal we want. They would simply try to further wear us down.

  • To My Fellow Members,

    This afternoon, the Directors Guild announced that it would commence formal negotiations with the AMPTP tomorrow. In a joint press release with the Screen Actors Guild, the Writers Guilds, West and East, wished the DGA well and offered our hope that they achieve a fair deal that incorporates principles that will benefits all creative artists. We further stated that, while

  • The WGA Negotiating Committee, on behalf of the Writers Guild of America, West (WGAW) and the Writers Guild of America, East (WGAE), today issued the following statement regarding Contract 2007 negotiations:

    “The Writers Guilds met today with the AMPTP and discussed issues of jurisdiction for original content for the Internet, Reality TV, Animation, and Basic Cable. The talks also were focused on contract enforcement. For the last two days, we have had substantive discussions of the issues important to writers, the first time this has occurred in this negotiation. However, we are still waiting for the AMPTP to respond to all of our proposals, including Internet streaming of theatrical and television product and digital downloads. Bargaining resumes tomorrow at 10 a.m.”

  • In nominating the WGA for "worst supporting union," the AMPTP's PR machine revealed its newest tactic: snarky bitchery! A reader replied in kind and sent us this:

  • This letter was just sent to WGA members. It talks about the new deals that are being made with various companies, and the need for patience while the DGA negotiates; but it also deals with the possibility that some force majeure firings may not be legal. -- LK

    To Our Fellow Members,

    As you know, since the conglomerates walked away from the bargaining table on December 7, we have adopted the

  • (WGAw President Patric M. Verrone released the following statement a short time ago)

    December 13, 2007

    To My Fellow Members:

    The AMPTP and each of its member companies have a legal obligation to bargain in good faith with the WGA. Their unilateral walkout from negotiations last Friday and their on-going refusal to bargain is illegal under the National Labor Relations Act. Therefore the WGA today filed Unfair Labor Practice charges against the AMPTP with the National Labor Relations Board.

    The DGA’s announcement today that it may begin negotiations with the AMPTP in January in no way relieves the AMPTP of their legal obligation to negotiate with us. The only legal way for the AMPTP to remedy the Unfair Labor Practice charge we have filed is to return to the bargaining table.

  • The last day of official picketing ended with a high point at Fox.

    Writers were joined on the picket line by many supporters. The honking at the Pico gate reached new decibel levels as crowds of picketers filled the sidewalk and waved their signs at the passing traffic.

    The signs told the story: "WGA-DGA-SAG", "The House is Not Divided," "DGA-WGA Member," "Union Solidarity".

    The appearance of so many SAG and DGA members made the point that even though the AMPTP spin machine works hard to create the impression that there is dissension between the unions and in the ranks of the WGA, the opposite is true.

    Of course the strike has created tensions. How could it not?

    There should be tensions when so much is at stake and so much has been sacrificed in the fight with the congloms. But our common interests outweigh that tension, and our solidarity is real.

  • We're trying to get our hands on the deal document, which will be much more detailed than the DGA's official deal summary. There may be exceptions and special provisions (like the 100,000 unit breakpoint for television downloads and the 50,000 unit breakpoint for feature film downloads) that need to be examined more carefully. For example, in speaking about distributor's gross, the deal summary

  • United Hollywood has secretly obtained a transcript of one of the earlier negotiating sessions which illustrates just what the writers are facing at the bargaining table...

    WGA: We'd like a whopping four pennies more on each DVD sold.
    AMPTP: We're going to punch you in the face and take your dog.
    WGA: We'd like to be compensated for our work that's distributed over the Internet.
    AMPTP: We're going to punch you in the face and take your dog.
    WGA: We don't think it's fair you're trying to have short-form content written non-guild.
    AMPTP: Fine. We won't take your dog. That's off the table. After you shout from the rooftops and thank us, which proposal are you going to take off the table?

  • An analysis by United Hollywood's Jeffrey Berman. -JA.

    Two significant developments happened near the end of last week: The AMPTP agreed to come back to the negotiating table, and dozens of actors received letters of suspension due to force majeure, including the casts of 30 Rock, The Office and Rules of Engagement.

    These two events couldn’t be more contradictory.

    Force majeure literally means "greater force." It’s a clause in a contract that covers natural disasters or other "Acts of God.” Force majeure excuses a party from liability if some unforeseen event prevents it from performing its obligations under the contract.

  • Something's very different on the picket line.

    Since Thanksgiving, the energy on the picket lines has fallen off. One picketer was even seen reading a book while he walked the picket line.

    It seems like only yesterday that we were chanting to stop trucks from crossing the picket line or "2-4-6-8, Why won't they negotiate." The turnout and the energy paid off. The AMPTP rejoined us at the negotiating table and that was great.

    But now....we wait....in a news blackout.

    Getting the agreement to restart the negotiations felt climactic, because so much energy had to be expended to get the AMPTP to do the right thing, but "restarting" the talks didn't mean "concluding" them.

  • Two articles in the New York Times today (11/16/07) put a personal perspective on the strike. Bill Carter's "Late Shows Move to Help The Workers Not on Strike" and Jennifer Steinhauer's "Writers' Strike Opens New Window on Hollywood".

    Carter reports about efforts by Talk Show Hosts to keep their staffs paid, even if they can't be on the air. Steinhauer profiles the personal stories of writers, costumers, assistants, electricians, and thousands of others who are now or who will soon be out of work.

    What these stories have in common is one underlying fact: the AMPTP won't sit down with the WGA.

    Notwithstanding the AMPTP's full page ads, they'd rather spend their energy and money on avoiding talking to the writers and negotiating a fair deal. And why?