Yesterday, the WGAW and WGAE presented to the AMPTP a response to its proposal on streaming television programs.
We accepted the framework in their proposal of last Thursday for a fixed residual in the first year.
But rather than basing the residual for the entire first year on a small percentage of the applicable minimum, we proposed that the fixed residual be paid on a higher percentage of applicable minimum for each 100,000 streams per quarter.
This is a readily ascertainable number. In fact, the companies are already keeping records of streams for their advertisers. Both the advertisers and the companies are already using these numbers as the basis for their business model.
(The following is a post from WGA member Kevin Droney. The man made it through the '88 strike, and he knows his facts and figures.)
Why Production Crews Should Be Cheering On the Writers
I’ve talked with a few IA guys over the past few days, and they were generally unaware of a few things in their own contracts with the Alliance. To whit:
1) Their unions, including I.A.T.S.E., IBT Local 399, Studio Utility Employees Local 724, IBEW Local 40, Plumbers & Pipefitters Local 78, and the Plasterers & Cement Masons Local 755… ALL RECEIVE RESIDUALS. 2) These residual payments go directly into their PENSION AND HEALTH FUND. 3) RESIDUALS earned working on shows CONSTITUTE 55% OF THEIR P & H. 4) If there are funding surpluses from residuals, retirees receive a 13th and a 14th check in that year, instead of the normal twelve.
(We want to welcome Teamster Member John Jabaley as a regular contributor to United Hollywood, and we hope to continue to add voices and perspectives from all unions.)
Last night was a literary evening at my house. After "Go, Dog, Go!" and "One Fish, Two Fish, Red Fish, Blue Fish" we continued the Ingalls' family saga with a chapter of "Little Town on the Prairie." After my kids fell asleep I settled down to look at the AMPTP's latest proposal to the WGA.
I really should have stuck with P.D. Eastman & Dr. Seuss. A big dog party up there in the tree is something I can believe in. But $250.00 in residuals? For a whole year? Really?
I couldn't resist grabbing a paper towel and pen to try and figure out what this proposal means for those of us below the line.
(The following is from Teamster Member, John Jabaley. The opinions expressed are not the IBT's point of view, but John's.)
Where I grew up in the deep south in the 1970's, union was a dirty word. Even in my family, conspicuously liberal (in our neighborhood, at least) for our attendance of public schools, unions were considered a way for workers to loaf on the job without being punished. Coming from the management side of the equation, most people I knew were happy they didn't have to deal with workers who stuck together.
I sailed through childhood with this belief essentially unchallenged.
This Modest Proposal was submitted by Andy Reaser. -JA
Last week, the studios proposed a residual fee of $250 for the unlimited reuse of our content online for one year. Let's just assume for a moment that such a low fee is fair. If that's really all the studios should pay to reuse our content, then I think we should encourage advertisers to demand something similar: $250 for the unlimited reuse of a time slot.
Under the current system, when an advertiser, Budweiser say, buys a timeslot, they only get to play their expensive commercial ONE TIME. That doesn't seem fair, does it? Wouldn't it make more sense for Budweiser to buy a thirty second slot during Sunday night primetime, and then for a fee of $250 get to use that timeslot over and over for the rest of the year?
I know such an arrangement would be untraditional. It would cripple the
Ok, so we've finally got some answers from our sources. We'll have more as the day goes on, but here's the beginning of it:
Why aren't the writers still in the room negotiating? Why are we waiting until Tuesday to continue?
When they presented their proposal, the companies said it was incomplete. The Negotiation Committee still hasn't received the rest of the proposal, and they're waiting on the AMPTP to actually bring it. However, it's kinda hard to get excited about anything they may be bringing to the table, given the unimpressive track record they have so far.
Ok, so I hear this a lot: "But can the corporations really afford to pay you what you're asking for?"
Let's set aside for the moment the issue of what the congloms say in their press releases to us (which is basically "There's no money! Ever! And if there was, we spent it all on other projects that lost money so it's gone! Forever! We're broke! We're having to rent our yachts!") and focus on some hard numbers thoughtfully provided by Jonathan Handel on the Huffington Post yesterday.
He writes an excellent (I think) and even-handed analysis that takes into account the effect pattern bargaining will have in calculating real numbers of what we're asking for, and what it will cost the companies, individually, to pay us.
(The post below was written by WGA Board member Nick Kazan)
If the consequences weren’t so tragic, it would be pretty comical to see the Companies mocking our Executive Director David Young for never having made a deal in Hollywood. Of course he has made deals for us, four of them (including the Comedy Central deal and the “Family Guy” game deal), but yeah, he’s never before negotiated a contract with the AMPTP.
Call me crazy, but I think that’s a good thing, because it means he’s never made a lousy deal, never made a sweetheart deal; he’s never been chummy with Nick Counter, and he refuses to bend over and give them what they want and expect. He’s not part of their club. Thank God.
I just got around to reading Zev Chafetz's profile of Governor Mike Huckabee in last Sunday's New York Times Magazine, which has attracted some attention for reasons other than the one that caught my eye. Describing Governor Huckabee's plan for a 23% consumption tax to replace the income tax, Chafetz adds parenthetically, "(For starters, it would require repealing the 16th Amendment to the Constitution.") So, turn to the 16th Amendment, and one finds: "The Congress shall have the power to lay and collect taxes on incomes, etc." It doesn't take legal training to notice that this says that Congress has the power to do something. Repealing it would take that power away from Congress (maybe -- it depends on what residual powers Congress would have), but as far as I can tell enacting a consumption tax that would survive constitutional challenge doesn't require that the 16th Amendment be repealed.
UPDATED: We're bringing the post from yesterday to the top of the page -- but we also wanted to let you know what's on the agenda for today.
We'll be updating frequently throughout the day as we get some answers to questions we all have -- where are the congloms getting their numbers? What are they based on? What really happened in the negotiating meeting? Why, after insisting that there was no way to do flat payments on internet use, did the companies suddenly completely shift their paradigm and tell us that actually, no, it was percentages they aren't willing to discuss?
We'll also be able to clarify what the WGA negotiating committee proposal numbers are, and confirm the ugly fact that all this could have been over weeks ago for less than the budget of doing PR for one theatrical release or fall tv show. As in, a lot less.
I was walking the picket line with a young television writer who worked on THE UNIT. He was explaining to me that David Mamet always asks three things about a scene:
1. What does each character want? 2. Why now? 3. What happens if they don't get it?
Since I don't have an MBA, CPA, JD or any other degree my father wanted me to get, the only way I can look at our current labor situation is through the eyes of a screenwriter. If I was writing a screenplay, let's call it "The Big Strike of 2007," and the two main characters were the WGA and the AMPTP, before I would start writing I might ask myself the three Mamet questions. When thinking about the WGA "character" things seem very clear:
(The piece below comes from a WGA member who would like to be known as "Red Sox Fan.")
The Ol' AMPTP Mindf*ck™
Has anyone noticed a pattern in the last couple weeks' worth of negotiations?
Monday is energetic and everyone's buoyed by the residual anger from the way last week ended. Tuesday there's a sense that they're "really talking." But by Wednesday, there's a creeping sense that nothing good is actually happening.
And on Thursday, the companies do the AMPTP Mindf*ck™.
First, it was the New Economic Partnership. This week it's "we're going to take our marbles and go home. Which means you can't play because we own all the marbles."
The LA Times carried the story this morning of the "debate" staged by striking WGA writers, held for the benefit of politicians in the House of Representatives in Washington, D.C. The writers came to educate and inform D.C., in the way that only these guys can.
A small excerpt:
On one side, in shirts, was the striking Writers Guild of America, played by "Daily Show" writers Rob Kutner, Tim
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.
Below is an op-ed piece from Wednesday's Los Angeles Times.
Stopping the cash flow will strengthen the writers' case, not cutting deals.
January 9, 2008
We get the impression, in this third month of the Hollywood writers strike, that morale on the picket lines and in the coffee shops isn't so hot. That's odd, given how strong the writers are looking right now.
LOS ANGELES – The Writers Guild of America, West (WGAW) and the Writers Guild of America, East (WGAE) have issued the following statement regarding Contract 2007 negotiations:
“The Writers Guild has reached a binding independent agreement today with Worldwide Pants that will allow Late Night with David Letterman and The Late Late Show with Craig Ferguson to return to the air with their full
WRITERS GUILDS REACH INTERIM AGREEMENTS WITH
INTERMEDIA AND THE FILM DEPARTMENT
Los Angeles – The Writers Guild of America, West and the Writers Guild of America, East are pleased to announce they have reached interim agreements with The Film Department and Intermedia. The Guilds continue to sign agreements with companies that value the essential role writers
THE DAILY SHOW WRITERS V. THE COLBERT SHOW WRITERS
will have a mock debate showdown on why America should care about the Writers' Strike. Moderated by DEE DEE MYERS (former Clinton press sec and West Wing consultant.)
THIS IS A NATIONAL EVENT HOSTED BY MEMBERS OF CONGRESSS
who are eager to hear our side of the issues.
SCI FI CHANNEL DAY FOR FANS & WRITERS:
Jaime Paglia, co-creator of "Eureka" is inviting fans to join the writers, producers and cast members from Sci Fi Channel's BATTLESTAR GALACTICA, EUREKA, FLASH GORDON, PAINKILLER JANE, and others for a rally at NBC Studios.
12 noon - 2 pm at NBC STUDIOS, 3000 W. Alameda Ave, Burbank, CA.
SPOOKY WEDNESDAY AT WARNER BROS:
For the last two Thursdays writers
LOS ANGELES and NEW YORK – The membership of the Writers Guild of America, West (WGAW) and the Writers Guild of America, East (WGAE) today voted overwhelmingly in favor of lifting the restraining order and ending their 100-day strike that began on Nov. 5. 3,775 writers turned out in Los Angeles and New York to cast ballots or fax in proxies, with 92.5% voting
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.”
The following two WGA press releases were sent to media today to announce that Lionsgate and Marvel Studios have both signed interim agreements with the Writers Guild.
LIONSGATE SIGNS INTERIM AGREEMENT WITH WRITERS GUILD
LOS ANGELES – Leading independent filmed entertainment studio Lionsgate is the latest company to sign an interim agreement with the Writers Guild of America. The company is one
I hope everyone has started back on the path to "normalcy". I, for one, was happy to see writers embraced on The Daily Show and The Colbert Report. And both shows were the better for being written by their writing staffs.
When the strike started we heard a lot of talk about writers writing specs during the strike. But I actually don't know anyone who wrote a script during the past 3 months. Some
Remember June last year? I ranted over the deceptive scheme being used to sell the Reflections development in Langford. Advertised was a purchase plan for a $335k condo with zero down for $995 per month. Not even in the small print did the ad say that your payments would double after one year.
Well, correct me if I'm wrong, but it looks like Peter Gaby is up to his deceptive ways again this year. This time the development is The Aspen in View Royal. He's advertising a 3 bedroom condo (also 1 bedroom and 2 bedrooms for less) for $1034 per month, with 10% down, 40 year amortization, and a discounted variable rate of 5.25%. At least, the ad does mention that the scheme is "cash back to offset payments over 12 months".
The least expensive 3 bedroom condo in that development has an asking price of $409900. After putting 10% down, your mortgage would be $368910. 40 year amortization, 5.25% rate, gives you a monthly payment of $1826.40.
Brought to you by Fans4Writers. As always, we are inspired by their generosity and solidarity, and deeply grateful to them for their support.
On Martin Luther King, Jr. Day (Monday, January 21), fans will be joining the picketing writers at NBC Burbank. All fans in the Los Angeles area (and beyond) are urged to join in on the picket.
NBC BURBANKPicketing Shifts:
2:30pm-5:30pm
3000 W Alameda Ave
This article was submitted by WGA member Michael Arkof. It runs today in Writers: On The Line, a weekly print newsletter distributed at picket locations.
AND A CHILD SHALL READ THEM
Sabrina Batchler didn’t write the book on supporting the WGA strike, but she is reading one. Lots of them, actually. The eleven year-old is conducting a Read-a-thon to raise money for the Writers Guild Foundation, to
I miss the Golden Globes. The fans miss seeing their favorite stars win awards for their favorite movies and tv shows. The Writers' Guild Awards have also been downgraded to a news event. All the writers who were nominated deserve their moment in the spotlight. And the Academy Awards... That's threatened too. Added to all the economic difficulties created by the strike, why not just let the
This was submitted by WGA member Michael Seitzman, who is currently blogging on Huffington Post as well.
I read news today of Writers Guild member John Ridley's decision to go Financial-Core to protest the Writers Guild strike. I was angry and dismayed and my original post on the issue was full of that vitriol. I thought an edit was in order so as not to let the message to get lost in a war of