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WGA Proposal/DGA Deal Summary Comparison

We've taken down our earlier post comparing the economic values of the DGA deal summary vs. the WGA proposal.

The document we were linking to was an internal working paper, and the figures were premature. Since the comprehensive version of the DGA deal is still not available, final figures can't yet be accurately calculated. We don't feel that it's productive to the discussion to post until

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  • 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

  • Before we begin, here's a caveat: WE ARE NOT LAWYERS. WE ARE NOT BUSINESS AFFAIRS EXECS. WE ARE NOT PROFESSIONAL NEGOTIATORS.

    We're a group of volunteer WGA strike captains, and we're posting our reactions to the DGA deal summary that was released today. These are our thoughts alone. They are not official, they don't reflect the WGA's opinion, and frankly, they will probably include a few

  • This was sent early this morning to membership. The delay in publishing the deal points, we've learned, was because the companies dragged their feet enshrining some of the final details in an attempt to renege on some of what they had promised. The last-minute fight to keep that from happening took until late last night.

    To Our Fellow Members,

    We have a tentative deal.

    It is an agreement

  • We've learned that a conference call took place this afternoon, with the heads of all the Hollywood agencies, to go through the DGA deal summary point by point.

    Among other things that happened on that call was a unanimous feeling that the DGA deal was one they all felt was a good one, considering how entrenched the AMPTP has been up until now. Some aspects of the deal are even surprising (

  • Regular readers of the comments section here will know "BTL Guy." He's a crew member (protecting his identity) who supports a fair deal for writers and strong unions but doesn't think the WGA leadership should have called the strike when they did. He recently sent me a Modest Proposal and has posted it on his blog, Divided Hollywood. (And yes, as much as I respect BTL Guy, that name, grrr!)

    BTL

  • This was written by WGA member and HuffPo journalist Robert Elisberg.

    I’ve been asked to send in a few thoughts under the mighty UH Deadline. Though a disclaimer is not really necessary, you’re getting one anyway. This is on a cursory look at a summary, written under deadline. Not only might your mileage vary…mine might, as well.

    Overall, I think there are some extremely good things in terms of

  • 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.

  • This is still a rumor, but it's definitely gaining steam -- word is spreading that the DGA has finalized a deal with the congloms, and will announce the deal tomorrow.

    We don't know what the terms of the deal will be, if indeed it does exist. We're not going to speculate because, if it's true, we'll find out the specifics soon enough.

    But we over at UH will make one suggestion: everyone stay

  • (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.

  • 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.

  • Patric Verrone and Michael Winship just sent this message to the membership. The WGA is determined to stay at the table until we have a deal. If the AMPTP wants to negotiate in good faith, and end the strike, we are at the table.

    Dear Fellow Members,

    Before we head into negotiations this morning, we want to give you an update on where we stand.

  • So, what does the DGA deal potentially mean for writers? Depends on which email you read first in your inbox. Jonathan Tasini of Working Life (published by Labor Research Association, a New York City-based labor advocacy organization) examines the specifics of the deal point by point.

    He states "there are some good things here but also some areas of concern." Three of those areas of concern are

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

    Fellow Guild Members:

  • Variety is announcing that the DGA has reached a deal with the AMPTP. We at UH haven't yet gotten a copy of this deal yet, but as soon as we do, we'll be bringing you any information we have on what the terms are.

    Stay tuned, we'll have more soon....

  • The Weinstein Co. said today it is close to reaching a deal with the WGA. Company officials said they expected the interim agreement to be signed by the end of the today, Thursday.

    If the deal is finalized, it would mark the second independent studio deal the WGA has reached thus far during the strike. Monday, the WGA made a separate agreement with United Artists.

    More when (if) this becomes

  • This was contributed by Thania St. John, WGA member since 1988.

    We did it. We accomplished the impossible. We got the AMPTP back to the table and finally received a counter-proposal to the one we made them so many months ago. The deal they made with the DGA is the first true sign of negotiation they’ve shown since we started asking them to do so back in July.
    That, my friends, is a great victory

  • The other shoe has dropped. The DGA concluded their deal with the AMPTP. The congloms will spin their settlement with the DGA as proof that they are willing to close a deal quickly when their negotiating partners are reasonable business people. But we know that's just their high-priced PR consultants speaking. They didn't work out a deal with the WGA because they weren't willing to treat

  • I ran across this post as I was working on my Much Ado About Marketing blog (a daily summary of interesting blog bits concerning marketing, branding, corporate leadership and other things of interest -- at least to me).

    This post, by Edelman's CEO, Richard Edelman, discusses how different "experts" on the teen market view the potential, attitudes and future of today's youth.

    Surprise,

  • Monday, we reported that rumors were swirling claiming the DGA had made a deal with the AMPTP. While admittedly unconfirmed, the whispers were coming from so many corners, we felt we had to at least tell folks what we were hearing.

    But stop the presses (or at least don't hit the blog "Publish" button just yet).

    Based on off-the-record information from two credible sources we contacted in order

  • 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

  • Nikki Finke and the New York Post are reporting that the WGA is close to finalizing a deal with United Artists which would allow its members to work on projects for the studio. This would mark the first major movie studio to come to terms with the Guild.

    The agreement with Tom Cruise's and Paula Wagner's UA, a division of MGM, is said to be similar to the on the WGA made with David Letterman's

  • 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

  • Here's the press release that just went out:

    THE WEINSTEIN COMPANY AND THE WRITERS GUILD OF AMERICA ANNOUNCE INDEPENDENT AGREEMENT

    NEW YORK, NY and LOS ANGELES, CA – (January 11, 2008) – The Weinstein Company (TWC) and the Writers Guild of America (WGA) announced today that they have signed a comprehensive independent agreement. While the details are not being disclosed, the deal addresses the

  • 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

  • It's just been announced that the WGA has made a deal with David Letterman’s company, Worldwide Pants. This is part of the larger strategy of making deals with individual companies within the AMPTP.

    There are strong feelings about this on both sides – people who think we should have done the deal, people who think we shouldn’t have. Here’s why I think the WGA made the right choice:

    Some

  • 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.

  • Uh oh. Never trust the smile of a crocodile?

    Alex Ben Block of Hollywood Today reports that the AMPTP's public gestures of reconciliation may mask a plan to derail negotiations and cancel Christmas.There are signs the writers unity is working – reports of dissention among the ranks of the AMPTP’s key members; a softer stance by management in PR and negotiations in the past few days; and comments suggesting that management proposals are flexible.

    However, what I am hearing is that this could be another sucker punch for the writers, who think they have finally broken though into a new level of negotiations where the two sides talk things over instead of talking at each other.
    ...
    In its public utterances, the AMPTP continues to use its indoor voice, no doubt fine tuned by a new PR team.
    ...

  • My colleague Sandy Levinson asked me whether Roger Clemens got a raw deal. In particular, he asked whether Senator Mitchell's report that Roger Clemens was among the major league baseball players accused of steroid use shows the folly of the Supreme Court's constitutional rules in defamation cases. New York Times v. Sullivan and its progeny hold that public figures cannot succeed in defamation suits unless they show actual malice. (The actual case in point is Gertz v. Robert Welch, which extends the NYT privilege from public officials to public figures like Clemens). After all, Sandy pointed out, Clemens can't clear his name by suing Senator Mitchell. All he can do is cost the newspapers and Mitchell (and himself) hundreds of thousands of dollars in legal fees in a case that he will eventually lose because the bar is set so high.

  • The DGA deal looks great. At least that is what everyone in the press is saying. And the writers better be grateful and take it... or else.

    The “or else’ part has been well reported. Even before the DGA came to an agreement with the studios, we were hearing about the ramifications of not taking their deal. It would be catastrophic. It would split the WGA. I read it again in the trades Friday

  • Toronto's Globe and Mail newspaper is reporting that UA wasted no time and has a tentative deal with Paul Haggis to co-write an adaptation of the Ranger's Apprentice series of young-adult adventure novels.