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Weighing in on Animation and Reality

I’m going to weigh in on something that I feel strongly about.

But before I do, I want to point something out that should be obvious, but maybe isn’t: every story that Fabiani and Lehane are shilling for the AMPTP right now has the words “reality and animation” in the first couple of sentences. It’s there for a reason; they know this is a wedge issue for writers, and they want to create dissent within the membership to weaken us.

But in some ways they’re doing us a favor. Because we needed to have this conversation sooner or later, as a membership, so even though I’d prefer we had it together where we could hash things out privately, it doesn’t look like that’s what’s going to happen.

And for clarity -- because it's being spun that these are "new demands" we're putting on the table -- reality and animation have been on the table since this negotiation began.

So here goes:

I’ve been a WGA member for 14 years. I remember screaming bloody murder – twice – on the dvd situation; but that was in the old days, when dvd pay rate was considered “a screenwriter issue.” It turned out, obviously, to affect far more writers than just that group.

Now there are some voices in the blogosphere and on the picket lines saying that reality and animation should be nothing more than a bargaining chip -- “if the strike is about the internet, we should quit talking about anything else.”

Leaving aside the fact that the last time the congloms convinced us to give something up, we got pretty much nothing in return, I think we should consider a few things before we all go rushing to jettison reality and animation writers in search of our own internet deal.

We’ve gotten a huge leg up from other unions and organizations in this fight. Teamsters have lost their jobs standing up for us; SEIU and Change to Win and countless others have brought their support to bear in ways that have made the WGA part of a larger community. Thanks to other unions, the firm of Fabiani & Lehane have lost hundreds of thousands of dollars for trying to break us, and will continue to lose more.

I’m not sure how we can turn around to those working men and women and say that we can’t be bothered to include other writers in reality and animation because somehow our interests outweigh theirs. Dvds are income that we all wish we had, and it's terrible to have lost both the income and the bargaining chip. But people’s health, pension and working conditions are not, and never should be, something we are willing to throw aside for ourselves.

I’ve heard some people saying that reality writers are “scabbing” and shouldn’t be allowed into the union. That’s a bizarre argument – their job isn’t covered by the WGA, if they walk out in a sympathy strike, they’ll all be fired. They want to join the WGA.

And as for the argument that we should reject them from membership because they’re providing content during the strike – that's because they're not covered by the union. If they were, then tv would be completely shut down, and we would be in a much stronger place strategically than we are now. Which argues for including them, so we never find ourselves in this place again in the future.

Then there’s animation. I’ve been working with a cutting-edge director for several years now on various projects, and since I’ve signed NDA’s on all of them, I can’t talk about any specifics. But I CAN say that the word “animation” is misleading. In the very near future – like the next two years – photoreal CG will become a way to make movies like 300 and Transformers and when that happens, many more big (and small) movies will cease to be WGA covered films.

That means no health, no pensions, no residuals, no separated rights (just ask Rossio & Elliot how much they made off creating Captain Jack Sparrow in the Pirates of the Carribean films – if those movies had been animated, they wouldn’t have seen a dime of that money) and, frankly, no respect.

This is already happening; Robert Zemeckis’ company, Imagemovers, has a deal with Disney to create CG films (like Beowulf) that expressly and explicitly requires that they not use WGA writers. And the technology on that film is far, far behind what will be rolling out soon.

Animation may look like a small niche issue now. It’s not. Reality may look like something that doesn’t matter to most of us. It’s not.

Which brings us right back to dvds. This blog is about “fighting for the future.” And if the dvd fiasco should have taught us one thing, it’s that no one can ever predict what shape the future will take.

Put in the most bald terms, even if you don’t care about those “other” writers and think all this is about someone else – it’s not.

The only thing that makes us strong is “all writing covered.” Yes, it’s a struggle. Yes, it’s difficult. But last time I looked we were already knee-deep in this fight. If we give those things away now, we don’t win. All that happens is we weaken ourselves, now and in the future.

It's still about the internet. It's still about the future. And it should be about writers -- all of us.

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  • This letter was submitted anonymously by a working reality writer. He/She requires anonymity, because otherwise, he/she fears being fired for writing this.

    Dear AMPTP,

    Today, I read on your website, “thousands of people in reality and animation have chosen not to join the WGA.”
    This statement is false.

    As a writer (aka "Supervising Producer", the name I'm given to get around having to give me a WGA contract) who has worked in reality television for over three years and who knows many people on the reality circuit, I can tell you that reality writers desperately want to be part of the WGA.

  • • Paul Haggis: The Reality of Reality and Animation

    • The First Delivery of Pencils2MediaMoguls. UPDATED with report from Jeffrey Berman.

    • Laeta Kalogridis Weighs in on Reality and Animation

    • David Milch: "The Idea of the Writer" Business Model Discussion

    • A Reality Writer Responds to the AMPTP

  • This post was written by the writer-director Paul Haggis. Paul is the first person to write two back-to-back winners of the Oscar for best picture ("Crash" and "Million Dollar Baby"). -JA

    Over the weekend I had the pleasure of talking to Patric and some of our negotiating team. Here is what I walked away with. On Friday, before their walkout (or is it lockout?), the AMPTP demanded we take six issues off the table or they wouldn’t ever talk to us again. Two of those issues, our demands to cover animation and reality writers, have stirred up some controversy. The AMPTP is sending out its professional spin-minions, calling agents and lawyers and managers, painting us as labor radicals.

  • 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.”

  • Jane Hamsher at FireDogLake reports that Fabiani & Lehane, the formerly-Democratic PR firm, has been canned by SEIU Local 99 and will have lost all of its union clients by week's end. From Jane's post:"By the end of the week, I believe Chris Lehane will have no union clients because of his work for the AMPTP," says SEIU President Andy Stern, who confirms that all Change to Win Unions are severing ties with Lehane. "His days are numbered in the labor movement." ... Change to Win unions include the Teamsters, Laborers, SEIU, Carpenters & Joiners, United Farm Workers, Food and Commercial Workers, and UNITE HERE.

  • (News Release from the Writers Guild of America)

    Hundreds of Screen Actors Guild Members Join Picket Lines Outside Universal Studios

    on Day Nine of WGA Strike

  • We're told that the long strike of 1988 had two far-reaching consequences: the audience discovered cable and reality shows grew in popularity.

    What will be the legacy of the 2007 strike?

    Hard to say. The negotiations are still ongoing. But one fact is abundantly clear even at this point.

    Writers love the internet.

    Given that the AMPTP was trying to control the internet, there is something ironic about the way writers have taken to the web as the place to try out ideas or vent or be funny about issues that can seem simultaneously enraging and arcane, like the DVD formula with its string of percentages: 1.5% (or 1.8%) of 20% of the studio’s gross on DVD sales.

    By various accounts, after only a few weeks, striking writers and their supporters have put between 750 and 1,000 videos on YouTube.

  • This is the first of what we hope will be a number of "calls to action."

    As of last week, the AMPTP retained the powerhouse "crisis management" firm of Fabiani and Lehane (known in political circles as "the Masters of Disaster." )They also have "a reputation for hardball tactics in damage control and inflicting damage on opponents."

  • (Breaking news from the WGA - the AMPTP has agreed to come back to the table on November 26th. Now, let's hope they are prepared to make a fair deal. This is progress. Everyone wants to go back to work. Everyone wants fair compensation for their work.)


    FOR IMMEDIATE RELEASE

    November 16, 2007

  • (From WGA Member Ed Decter.)

    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:

    What does the WGA want?

  • FOR IMMEDIATE RELEASE

    February 26, 2008

    Writers Guild Members Overwhelmingly Ratify New Contract

  • 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.

  • Hey, folks. Long time no blog. But I just had to add something to the WGA official response to this lovely piece of... disinformation.

    As per AMPTP President J. Nicholas Counter III today:

    "The WGA is using fear and intimidation to control its membership. Asking members to inform on each other and creating a blacklist of those who question the tactics of the WGA leadership is as unacceptable today as it was when the WGA opposed these tactics in the 1950s."

  • 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.

  • 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.

  • This was submitted by WGA member Christopher Trumbo, member for 40 years, and son of WGA member Dalton Trumbo. His insights into the history of the guild are especially valuable now, as the strike continues and the AMPTP tries to divide us.

  • (This just in from John Bowman of the WGA Negotiating Committee.)

    Fellow Guild Members:

  • 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.

  • (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.

  • We shouldn't get all misty-eyed at the revelation that the studios are happy the strike has happened.

    Jeff Zucker picks up an easy $40 million by terminating overall deals. Peter Chernin is the face of reality when he boasts, "We save more money in..., you know, story costs and probably the lack of making pilots than we lose in potential advertising."

    We shouldn't be surprised that a cable network told a tv-writer last week that her movie will go into production, but before they green light her project, they need the tiniest of rewrites before they green light. They know the WGA doesn't want her to do the work, but maybe she could 'supervise' someone else who could. Wink, wink.

  • (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.

  • (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.

  • (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."

  • 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.

  • 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.

  • This is excerpted from the email that Warners strike captain Brian Hartt sent to other captains this week, with permission. Brian is an Emmy-nominated writer who coordinates all of the Warners picket teams, as well as being the showrunner on Mind of Mencia who helped get 4 West Coast and 2 East Coast shows on Comedy Central covered by the WGA contract . His tireless work and dedication are inspiring.

    As I'm sure you all know, the AMPTP walked away from the table Friday.

    You all should have, by now, gotten John Bowman's response to the "nice try" press release by the company's lap dog. Let me stress something that John mentioned - their press release came out minutes after they walked away.

  • The strike is over. The WGA contract has been ratified. SAG and AFTRA are now center stage and there is still a lot of work to do before the town gets back to normal. At this moment it's useful to look back at our own history. There are lessons to be learned about how the process can move forward even against what seems like overwhelming odds.

    There are many who labored behind the scenes to support the writers' strike. At United Hollywood we worked with people who put their energy on the line but wanted to stay off the media's radar. Not content to just talk a good game, these are members and supporters who knew that if they wanted to make a difference, they had to work at it.

    One group in particular came of age during the early part of the strike: the writer-directors. Nicknamed the WD-40, forty writer-directors met to search for ways they could help facilitate the negotiation.

    From the beginning of the strike, most journalists accepted the AMPTP's lead and described the DGA and WGA as antagonistic to one another. Nicholas Counter was frequently quoted in the trades as preferring the DGA as a negotiating partner. The writer-directors objected to that characterization and felt that the AMPTP was doing what it always did in positioning the Guilds against one another to diminish each union's power.

  • (The following is a letter from the presidents.)

    To Our Fellow Members:

    Today, it is our pleasure to inform you that members of the Writers Guilds of America, East and West, have voted to ratify the MBA contract with 93.6% approval. With a total of 4,060 votes cast, the tally was 3,802 to 258. These numbers reaffirm the tremendous level of support and commitment our membership has continuously demonstrated over these last few crucial months.

    We are also pleased to report that the trustees of our health fund voted yesterday to follow the recommendation in our strike settlement agreement to provide additional coverage and an extension of the earnings cycle for a full quarter (three months) to participants who would otherwise lose health coverage following an earnings cycle that included all or a portion of the strike period. Participants whose health coverage is paid for by points will only be charged points if they have ten or more points as of April 1, 2008.

  • 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?

  • Robert J. Elisberg, who writes the regular WGA Strike Primer columns on The Huffington Post, responds below to Michael Cieply's recent article in the New York Times entitled, Writers Strike Tests Mettle of 2 Outsiders.

    Last week, Michael Cieply wrote once-again about his perception of “fissures” in the Writers Guild. It’s a theme of his. Back during the 1988 WGA strike he specialized in writing