Script Notes by Chad Gervich - The Writers Strike 2007

WGA/Bullying Update - I get put in my place (thankfully)

Chad — Fri, 21 Aug 2009 11:59:40 GMT

Thanks to "WGA Writer," who posted the following response in the comment section of yesterday's post...

"So it was okay for him to cross a picket line and take a WGA writer's job (Daytime is a WGA covered area) while they were on strike? That's called being a scab and it will bar you from admission in any union anywhere."

My response: WGA Writer, you are totally right-- and thanks for the bitch-slap (although it wasn't really a bitch-slap-- you were pretty nice).

We talked about this last night at the Guild, and the general point of debate was: while the guy is certainly a scab and should be barred from the WGA, did he really need to be publicly outted? Since he's NOT a member, and wasn't breaking rules that pertain to him, it's one thing to say, "Okay, fine-- you can never join our organization"; it's another to shame him in public. Couldn't his name just go quietly on a list of people who are barred? Some people felt the public shaming of a non-member was unnecessary... others felt it gave the WGA some balls.

Is the WGA Bullying Non-Members?

Chad — Thu, 20 Aug 2009 21:25:34 GMT

Hey, folks--

At long last, I am finally back to civilization, after 8 days of no Internet access or cell service, which was-- strangely-- AWESOME!

So first of all-- thank you to everyone who has emailed over the last week... I promise I'll get to your messages, questions, and posts asap. In the mean time, an interesting topic I wanted to talk about...

I came home to find an email debate going on between some of my writer-friends. Last week, the WGAW (Writers Guild of America, West) Board of Directors sent out a guild-wide email publicly outting three writers who had violated the union's strike rules last year.

As the email states, "the Board of Directors [is authorized] to adopt Strike Rules that members are required to follow in the event of a work stoppage. The purpose of these rules is to enable the Guild to achieve the best possible contract for writers. The Constitution also establishes disciplinary procedures under which any member accused of violating the Constitution or the Strike Rules is afforded a due process hearing before a Trial Committee consisting of five rank-and-file WGAW members."

The email goes on to explain that three writers violated these rules, and it identifies two of them by name:

One is Jon Maas, a WGA member who worked on a one-hour pilot during the strike and was fined "a fine equal to 110% of the compensation Mr. Maas received for writing the pilot teleplay."

The other is David Hensley, a non-member who "was found guilty of writing and submitting scripts to a struck company for a daytime serial. As a penalty, the Board ordered that he be permanently barred from membership in the Guild."

My friends were debating the ethics of publicly outing these writers. Did it smack of HUAC-era vindictiveness? Some said yes; others said no, explaining the importance of unity amongst writers fighting for fair and equal treatment.

I'm torn, but here-- for me-- is a slightly different issue, and where I think the Guild is behaving wrongly and thuggishly. (And I say this as a huge supporter of most unions, especially the Writers Guild. In fact, I'll be there tonight for a meeting on organizing reality...)

David Hensley is not a member. He does not pay dues to the organization of the Writers Guild. So he shouldn't be held accountable, or be punished, for breaking their rules. The Guild should have no right to punish someone who's not part of their organization.

Now, the argument against that is that writers must stick together and support each other, especially in times of crisis, and if Hensley ever WANTS to be part of the Guild, he needs to play by their mandates.

Okay, sure, maybe-- I get that, in the happy world of theory... but the Guild can'd demand support and obedience from people who A) don't pay dues, and B) don't receive the Guild's support in return. It would be one thing if Hensley were a former member who had quit the union (like Robert Rodriguez and the DGA)... or a member who had gone fi-core (like George Clooney)... but it's another thing entirely to punish, threaten, or intimidate non-members who are simply trying to feed their families. (It seems, to be honest, to be much closer to the intimidation and blacklisting of which the WGA was accused by the studios during last year's strike... and to which the WGA took particular offense. After all, they're the organization where the historic Hollywood blacklisting most hits home.)

I'm no expert in union laws and politics, but it seems to me that if the Guild wants support from writers who are non-members, it should make them members.

It wouldn't be hard for the Guild to say to daytime writers like Hensley, or reality and game show writers, or non-union animation writers...

"We know we don't have jurisdiction over your genres, but we're willing to offer you membership into the Guild. You can pay dues like other members... and receive full membership benefits (health insurance, access to resources, etc.)... but you'll have to give up all your non-union work. Or you can choose NOT to join the Guild and continue doing your non-union work... but you'll receive no support, protection, or benefits from us."

This seems just to me. And mutually beneficial.

And while I'm a big supporter of the Guild, punishing and banning non-members for trying to make a living doing what they do-- writing-- doesn't seem like the behavior of an organization claiming to stick up for the little guys, writers, an often dumped-on group of Hollywood artists. In fact, it seems like behavior I'd expect from the other guys: the bullies. I fully believe in supporting the Guild and writers of all stripes. But this is not support; it's discouragement, oppression, and an abuse of power. The Guild is better than this... or should be.

A Special Message from the WGA

Chad — Fri, 27 Feb 2009 20:50:20 GMT

Hey, everyone--

David Young, Executive Director of the Writers Guild West, just sent this email to members. It's got some great updates and information on what's happened in the months since last year's writers strike... thought you'd find it interesting and informative (also, it copies and pastes funny, so my apologies for the weird layout...

February 27, 2009

Dear WGAW Member:

One year ago this week an overwhelming majority of the WGA membership voted in favor of ratifying a new three-year contract. Today there is a concerted effort underway by the AMPTP and some in the press to minimize the success of our strike, calling it “unnecessary” and “self-destructive.” I’d like to set the record straight.

Our current contract was the result of a months-long effort to negotiate in good faith with the companies, who unfortunately forced us into a 100-day strike. The struggle was marked by a high degree of unity among writers — television and screen, broadcast and cable, blockbusters and indie film. Thousands of you marched, picketed and blogged, and won the solidarity and support of union members, fans and the general public, in the US and around the world.

We didn’t achieve everything we wanted – we never do – but we achieved our most important objectives, something we hadn’t done for decades. Over the past 20-plus years the companies have tried to use every important development in the industry – be it distribution technology or reuse method – to weaken our strategic and financial position. A difficult strike in 1985 led to a rollback on home video. This has never been corrected and has cost writers about $1.5 billion in lost residual income. We could not get global jurisdiction of scripted programming on basic cable, and to this day we are still fighting with the companies to cover many cable shows. Genres like reality and animation, where the WGA lacks coverage, have grown into a large portion of the worldwide market and are now significant areas of non-Guild production.

This difficult history has tended to diminish the power of writers, both economically and creatively, as control of the industry has concentrated in the hands of a few AMPTP companies who bargain hard and bargain together. And the other Hollywood guilds and unions have suffered the same fate.

All this set the stage for our negotiations in 2007. After 20 years of being told, misleadingly, that the studios would give us our fair share once any new market developed, writers decided to take a stand for what they deserved. While the studios demanded that we choose between a meaningless “study” of New Media or the gutting of our livelihoods through profit-based residuals, our Negotiating Committee stuck to three fundamental goals:

Jurisdiction over original New Media production
Good residuals for reuse of traditional TV and film product on the Internet: "If they get paid, we get paid"
Access to New Media contracts as well as language requiring fair market value for related party transactions

In the end, we got all three. Below is a comparison of the AMPTP positions on key issues on two dates: the day we struck and the day we made the deal. Keep in mind that when the AMPTP broke off negotiations with us on December 7th they had made virtually no changes to their November 4th offer. There is no doubt the AMPTP knew the importance of these issues, and they incurred real pain in a fruitless attempt to apply their formulas of the past 20 years to new media.

Key Contract Terms Before and After the Strike

	November 4 AMPTP offer	February 9 final deal
Internet ad-supported streaming – in the first year of the life of a television program	Free for 6 weeks; 1.2% of producer’s gross thereafter (equal to 0.24% of distributor’s gross)	Free for 17 or 24 days; 3% of applicable minimum; switches for network prime time in the third year of the contract to 2% of distributor’s gross
Internet ad-supported streaming – after the first year of the life of a program	1.2% of producer’s gross	2.0% of distributor’s gross
Internet ad-supported streaming feature films	No residual offered = zero	1.2% of distributor's gross
Electronic Sell-Through (Download to Own)	DVD rates (0.3% and 0.36% of distributor’s gross)	0.65% and 0.7% of distributor’s gross (though the companies are now reneging on covering library product with these negotiated rates)
Internet Download Rentals	1.2% of distributor’s gross	1.2% of distributor’s gross
Fair Market Value test	Same as 2001 contract	Enhanced test for related-party transactions
Inspection of New Media Deals and Activity reports	None	Rights for quarterly inspections of unredacted company records
Promotional use in new media	Free, however they define it, including ad-supported streaming of complete programs	Clips only are free and only with clearly promotional purpose
Made-for-New-Media	Jurisdiction over dramatic forms only if derived from MBA-covered scripted programs; excludes original, comedy-variety, serials, etc.	Jurisdiction over all New Media programs; terms and conditions applied to all but the lowest-budgeted productions, only when done by non-professional writers
Creator’s rights (“Separated” Rights)	None	TV Separated Rights adapted to New Media

As the companies begin producing original product for the Internet, they must provide coverage for WGA members or non-members who are working on projects with significant budgets. If made-for New Media replaces old media or the companies try to use it as a “pilot sandbox,” it’s covered.

The victory of jurisdiction over New Media was hard fought because the companies had hoped to keep that production non-Guild. While original New Media content is still in the early stages of development, the establishment of WGA jurisdiction is essential. The most important battles in American labor history, including the famous GM sit-down strike of 1937, were over this issue: jurisdiction. We won this battle.

On reuse, the residuals formulas we negotiated will allow writers to benefit in the expansion of new media as a secondary market for television and feature films. Our agreement allows the companies to experiment with different forms of content delivery, but not at the expense of writers.

We also won the right to inspect the New Media deals the companies are making, including distribution statements and usage data. Transactions between related companies must meet the fair market value standard of reasonableness. These are important tools for the enforcement of our agreement and for understanding the companies’ evolving business models. This is a significant inroad into the companies’ self-dealing, ever.

Now, does this mean that the strike created huge, immediate gains for writers? Of course not. We knew and the companies knew we were fighting for the future, for the day when the Internet replaces TV and dominates media consumption. Writers fought to avoid a repetition of recent history wherein we are told to wait to get our share until the new business model develops, then that share never comes. Everything we’ve seen since, be it Joss Whedon’s online hit Dr. Horrible’s Sing-Along Blog, the decision by CBS to purchase CNET for 1.8 billion dollars, or Fox/NBC’s hulu.com, tells us that we were right and that the companies know it.

Furthermore, we improved the DGA deal in significant ways:

The DGA won EST at 0.65 and 0.7% only for movies and TV first released in 2008. The WGA won EST at 0.65% and 0.7% for our entire library of product – although the companies are trying to renege on this, forcing us to seek arbitration.
The DGA won only a small raise in the third year of streaming. The WGA, for the first time ever, won a formula by which the writer will be paid 2% of Distributors Gross in the third year of streaming.
The DGA sunsetted all New Media provisions in their contract. WGA accepted no such sunset clause – we don’t want to start from zero in these hard fought areas when we go back to the bargaining table in 2011.
In the final two days of negotiations WGA won protection of our separated rights in New Media.

In early 2007 WGAW President Patric Verrone and I sat down with Ron Moore, developer of Battlestar Galactica, who told us that this negotiation was simple. He wrote:

In my opinion, nothing is as important as the issues surrounding digital delivery of content. Nothing. In the not so distant future, literally every piece of work ever done by the Guild will be available digitally. The systems and methods of delivery will vary and change, but the central truth is that all our work is going to be converted to ones and zeroes and sent to the consumer. We have to have a very clear, very solid method of tracking and being compensated for any and all work that is delivered in this way, whether it was originally created for TV or film or directly for digital distribution. To me, it is a strike issue.

He was right. These were strike issues. Whatever their differences, our members knew he was right. We struck over these issues and won.

There is important work left to be done in future negotiations. There are windows to be closed in streaming, and budget thresholds for jurisdiction in original New Media to be eliminated. Nor can we just sit back and watch the checks roll in. The companies have been incredibly slow in reporting and paying on New Media, and we are already filing claims and taking other steps to enforce our agreement.

2008 was a tough year for everybody. The strike meant a quarter of lost earnings, and then the economy went into a severe recession followed quickly by a collapse in the financial markets. These events have caused hardship and loss of income for many people, and writers are no exception. But these difficulties don’t change the fact that writers together achieved gains that will stand the test of time.

Next time we very much hope there will be no need to strike. We believe we’ve earned a large measure of new respect from the companies and that next time both sides can bargain successfully without a strike. We will reach out to industry leaders and company CEOs and make every effort to reach a fair and reasonable agreement. But make no mistake: should the companies choose to test us, we’ll be prepared, again. Unfortunately – and responsibility for this sits squarely on the shoulders of the companies – it seems every important advance made by entertainment unions, including pension and health, credits, residuals and jurisdiction over New Media, has required a strike by either the WGA or SAG. We salute SAG’s current effort to resist the AMPTP pushing their expiration date back to June of 2012. The AMPTP is determined to continue their time-tested strategy of “divide and conquer”. We are determined to end that practice by building the unity of the entertainment unions on the basis of our common interests. We are doing everything we possibly can to hasten the day when, like the companies, multiple entertainment unions can sit down and bargain as one.

Finally, I would like to thank all our members and all those friends and members of other unions who stood in solidarity with us. They helped give us the strength to persevere through the months of sacrifice and struggle. It was a historic event, one that will not be soon forgotten, and we can all feel proud of our great effort and achievement.

David Young
WGAW Executive Director

A Message from the Writers Guild

Chad — Tue, 02 Sep 2008 02:16:51 GMT

Hey, everyone--

Just wanted to post this email sent this evening from Writers Guild presidents Patric Verrone and Michael Winship. They say some interesting things about the post-strike world of new media and online entertainment, as well as their stance on the current standoff between studios and the Screen Actors Guild...

Dear Fellow Members,

It's Labor Day and, in a year during which we have created a stronger working relationship between the Guilds and reestablished our place in the American labor movement, we'd like to update you on some of the achievements of the past few months and the challenges of the months to come.

Following the strike, most of us expected that the gains we made in new media coverage would take time to justify the sacrifices, but they already are bearing fruit. Webisodes based on such existing TV series as The Office, Heroes, and Californication are now being written under the new MBA contract and writers working under the PBS contract now are receiving payment for Internet reuse. Original content being created under Guild contracts includes some of the most successful projects, like Joss Whedon's Dr. Horrible's Sing-Along Blog, and the most anticipated, including Seth MacFarlane's Cavalcade of Cartoon Comedy.

As business models quickly evolve, it's imperative that writers, who are fast becoming important entrepreneurs in new media, involve the Writers Guilds in making their deals. We can guide and work with you to negotiate appropriate compensation, separated rights, credits, reuse, and other provisions in addition to the benefits already guaranteed by the MBA.

While devoting time and energy to organizing new media, we have focused as well on traditional media as well, especially genres over which our coverage is incomplete. New signatories include Chocolate News, Lewis Black's The Root of All Evil, and The Bob Saget Roast at Comedy Central, as well as the first broadcast game show contract with Mark Burnett for Are You Smarter Than a Fifth Grader? We also have a game show deal with FremantleMedia for Match Game, but that company remains an organizing target following our much-publicized American Idol Truth Tour. The Tour, in alliance with the Teamsters, has brought to light the unacceptable working conditions suffered by writers and other workers in reality TV.

Contract enforcement remains a top priority and writers, working with the staffs of the Guilds, must be the main force in instigating (Instigating violations sounds funny), investigating, and pursuing violations. Although the new MBA increases access to information, difficulties already are appearing. Blaming "technology problems," the conglomerates are failing to make the correct payments due on streaming and downloads. Even more appalling, AMPTP reps now claim that our agreement doubling the DVD formula on EST downloads only applies to movies and TV shows released after the end of the strike. Needless to say, we are challenging the companies aggressively and will take all actions necessary to protect and collect what we won as a result of the strike.

This Labor Day we also recognize the alliances we have built with other unions that supported us during our strike and with which we continue to work to achieve our mutual goals. Mention was made of our alliance with the Teamsters, especially Hollywood Local 399, during the recent American Idol Truth Tour; we look forward to further developing and improving relations with the rest of the labor movement, including the IATSE, to whose new international president Matt Loeb we extend our congratulations and best wishes.

The union that deserves our profound gratitude and attention right now is the one that supported us so strongly during our struggle, the Screen Actors Guild. During its ongoing negotiations, SAG regularly has been criticized for trying to improve on the deal that we made in February. Such criticism is unfounded. We didn't win everything in new media that we eventually will. SAG is well within its rights to improve on our gains. For example, we grudgingly agreed to certain budget levels for original new media productions, but SAG is right to demand coverage for all new media projects, regardless of budget, and we very much hope they achieve it. The suggestion that companies need budget breaks in order to experiment in a new medium rings false. Experimentation is too often a euphemism for "nonunion." We agreed in our deal to make initial compensation completely negotiable precisely to give producers all the flexibility they need in these new markets. They don't need to develop another non-union business model.

Naturally, we hope the SAG negotiations successfully end soon. But we reject the notion that SAG must follow any predetermined bargaining pattern. We worked hard to inform our members about the benefits and limits of pattern bargaining. Unions need to support each other when pattern bargaining is used as an excuse not to address a union's legitimate concerns. We stand behind SAG and its efforts to represent its members' interests, and we urge the AMPTP to return to the bargaining table.

Thanks for your attention. We will continue to keep you apprised of developments, challenges, and opportunities. We encourage you to do the same.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE

Speaking of the Writers Strike...

Chad — Wed, 27 Aug 2008 04:36:09 GMT

Hey, guys--

On the heels of yesterday's Variety article about the aftermath of the writers strike, check out today's article about the WGA's upcoming elections. Even if you're not living or working in L.A., the results of these elections will help shape Hollywood-- and writers' roles in it-- for the near future...

http://www.variety.com/article/VR1117991184.html?categoryid=10&cs=1

The Writers Strike: 6 Months Later...

Chad — Tue, 26 Aug 2008 17:47:52 GMT

Hey, everyone-- it's been six months since the end of the 100-day writers strike that shut down Hollywood for almost four months in 2007 and 2008... and we're still feeling the effects. Pilot and development season has been revamped (at least for now), networks and studios have fewer projects in development, and the Screen Actors Guild is now waging its own (losing) battle for rights and compensation in digital media.

Yesteday, Variety ran this interesting article looking back at the strike and the months since it ended. Pretty interesting... take a look...

http://www.variety.com/article/VR1117991065.html?categoryid=1066&cs=1

The WGA Ratifies Its New Deal

Chad — Wed, 27 Feb 2008 01:33:27 GMT

Hey, screenwriters--

Half an hour ago, the Writers Guild of America announced that membership had voted to ratify the new AMPTP contract, putting an official end to the tumult and negotiations that had caused the 100-day writers strike.

Here's the official email from the WGA...

"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.

As we close this chapter in our union's history, what we together have accomplished should not be underestimated. The 2008 MBA establishes a beachhead on the Internet and in new media that will guarantee our share of a potentially vast and bountiful future. Writers already are working on new media projects under this agreement and residuals must now be paid for streaming and downloads of our library of films and TV shows.

Language in the contract will allow us to monitor and audit these new technologies and new business models, but it will take vigilance on the part of our membership to make sure that original Internet writing is done under a WGA contract and with appropriate terms and conditions.

The same sort of vigilance will be needed to assist members of SAG and AFTRA. They are about to go through a similar process to the one we experienced. Their support of our cause was invaluable. We must use all our efforts and experience to support them as well. Further gains that they can achieve will have an immediate, positive effect on our contract.

We must take our newfound spirit and unity and use it to move our two unions forward. We look to the future and our newly revitalized member engagement to reaffirm writers as the first among equals in the most collaborative art form in history. As the last few weeks proved once and for all, we are all in this together.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE"

VIDEO OF THE DAY: Harlan Ellison on Getting Paid as a Writer (oh my God-- I love this!)

Chad — Tue, 19 Feb 2008 18:19:24 GMT

Thanks to Kate at FishbowlLA for finding this video, but OH MY GOD-- IT'S INCREDIBLE. A quick bit of backstory... yesterday, UnitedHollywood.com posted a recently-written-- and fairly pissed off-- response to the WGA-AMPTP deal by sci-fi guru Harlan Ellison. I don't necessarily agree with him, but his passion is AWESOME. Even more awesome is this video from Dreams With Sharp Teeth, a documentary about Ellison himself... maybe you've seen this... and granted, it's a little late now, considering the strike is over and the deal's done-- but if this doesn't make you stand up and go, "Yeah, fight the man!"... well, I don't know what will. It also makes me want to go read more Harlan Ellison.

HARLAN ELLISON: PAY THE WRITER

IT'S OFFICIAL: THE STRIKE IS OVER

Chad — Wed, 13 Feb 2008 07:19:56 GMT

The full reports...

The Hollywood Reporter
Variety
The New York Times

Strike To End By Wednesday?

Chad — Sun, 10 Feb 2008 07:22:55 GMT

Hey, everyone-- the latest update: the WGA West Board of Directors and the WGA East Council will meet tomorrow and officially recommend the new WGA/AMPTP deal. This recommendation will start an speeded-up two-day voting process for the entire WGA membership. Work will not resume until the membership votes to ratify the contract... which they're expected to do based on the postive responses at Saturday's membership meetings.

Click here for for Variety's full report.

Interesting Perspectives on the WGA/AMPTP Deal

Chad — Sat, 09 Feb 2008 23:29:03 GMT

Hey, screenwriters--

As analyses and perspectives on the pending deal go up, I'll try and post links to the most interesting. Check these out...

• UnitedHollywood.com - Ad Supported Streaming: Point/Counterpoint
• Huffington Post - Hollywood Writers Union Head Backs Deal
• Mark Evanier's News From Me - Back from the Shrine

BREAKING NEWS: WGA Deal Inked!

Chad — Sat, 09 Feb 2008 17:11:09 GMT

Hey, screenwriters--

After an all-night negotiating session, haggling over deals, the WGA and AMPTP have set in ink their new deal. The deal is very similar to the deal finalized by the Directors Guild last month, although it does have some impressive gains in the areas of residuals, separated rights, etc.

This deal has not yet been approved by WGA membership, which received the deal via email at 3:00 a.m. from Guild presidents Patric Verrone and Michael Winship, but membership on both coasts will meet today to discuss. If membership response is in favor of the contract, the WGA West Board of Directors and WGA East Council will vote tomorrow on whether or not to officially recommend this deal. If this vote passes-- presumably pre-determined by membership's support-- the strike will be called off immediately, allowing work to resume and the industry to get back to normal. The deal won't be officially ratified, however, until WGA membership holds their official vote... a process that usually takes about ten days.

Here's everything you need to know about the new deal, including the deal itself...

THE DEAL: Click BELOW to read the text of the new WGA/AMPTP deal.

WGAdeal (020908).pdf (140.36 KB)

Cliick HERE to read the letter from WGA presidents Michael Winship and Patric Verrone.

MEMBERSHIP MEETINGS: Here's info on today's two WGA meetings:

New York                                                Los Angeles
Crowne Plaza Hotel, Times Square                Shrine Auditorium
Broadway Ballroom                                      665 W. Jefferson Blvd.
1606 Broadway (Broadway & 49th Street)

REPORTAGE: Here's a list of top news sources and how they're reporting the deal...
Variety
The Hollywood Reporter
Deadline Hollywood Daily
New York Times
The L.A. Times
The Huffington Post

READER POLL: Should the WGA take the AMPTP deal currently on the table?

Chad — Tue, 05 Feb 2008 22:16:28 GMT

So it's true... after exactly three months of striking, the WGA may finally have an acceptable offer from the AMPTP. Although we don't know the exact terms, the proposed contract supposedly improves the residual rates for online streaming as proposed in last month's DGA deal... it doubles the download residual rate... and secures guild jurisdiction over online content.

The Writers Guild has agreed that as soon as it has an acceptable deal, it'll call off the strike. But is the current deal good enough? No one knows... and that's what's leading to heated controversy throughout Hollywood.

Many people are clamoring that the WGA needs to take the deal as is; the studios have been fairly vocal that they won't give any more, and the strike has already wreaked enough damage on thousands of families.

Others insist the WGA must hold out until it gets the deal it wants. The writers aren't asking for anything unfair or unreasonable, they claim; they deserve to get the benefits and compensation they deserve.

Still others simply want to give the WGA time to make its decision on its own... free from the pressures and persuasions of agents, producers, execs, and journalists all weighing in. The soonest that decksion could come is this weekend... but it may take much longer. And if the WGA takes too long, it could jeopardize the Academy Awards, this year's pilot season, and the May Upfront presentations. (In order to save pilot season, say the studios, a deal must be in place by February 15... and if there's no pilot season, there probably won't be any May Upfronts. The Oscars fall on February 24.)

So everyone's asking... WHAT'S A GUILD TO DO?

One thing, however, is for sure... whatever happens will affect not only the TV and film writers in Hollywood, but every writer in the country-- novelists, journalists, playwrights-- who's current;y writing (or may someday write) something that could be used on television.

So what's your take?...

THE WGA Deal Gets Closer?

Chad — Sun, 03 Feb 2008 21:04:15 GMT

Still no official contract announcement from the WGA or AMPTP, but the L.A. Times published this story this morning, offering more hope that a deal could be imminent. Very imminent.

Then, just over an hour ago, the WGA sent this email to members:

"To Our Fellow Members,

While fully mindful of the continuing media blackout, we write you to address the rumors and reports that undoubtedly you have been hearing.

The facts: we are still in talks and do not yet have a contract. When and if a tentative agreement is reached, the first thing we will do is alert our membership with an e-mail message. Until then, please disregard rumors about either the existence of an agreement or its terms.

Until we have reached an agreement with the AMPTP, it is essential that we continue to show our resolve, solidarity, and strength.

Picketing will resume on Monday. Our leverage at the bargaining table is directly affected by your commitment to our cause. Please continue to show your support on the line. We are all in this together.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE"

UPDATE: Hey, screenwriters-- I'll be traveling tomorrow, with no access to the internet. So not only will I not be able to post any updates or developments on the strike front, but you'll probably here the latest news before I do. But I should be back in the loop tomorrow night or Tuesday, so stay tuned. Also, we've got some great stuff coming up, including more interviews with Hollywood's top writers and producers... Oscar chatter... and more writing tips, advice, and exercises...

BREAKING NEWS: WGA Deal Almost Here??!

Chad — Sat, 02 Feb 2008 21:12:51 GMT

Posted on the New York Times less than ten minutes ago... WILL A WGA DEAL WITH STUDIOS BE ANNOUNCED TODAY?!

A "Suck-Salute" In Honor Of... CANADA

Chad — Sat, 02 Feb 2008 03:27:34 GMT

Hey, screenwriters—

Every once in a while, I like to take a few moments to pay tribute to someone who’s done something so lame, so asinine, so irrefutably SUCKY that they deserve their own reward.

I call this honor a “Suck-Salute,” and I am pleased to announce today's very special winner… CANADA.

Earlier this week, CBS announced it had picked up thirteen episodes of Flashpoint, a new scripted drama about a Strategic Response Team, an elite squad of cops trained to rescue hostages, disarm bombs, fight gangs, and all other kinds of cool cop stuff. What made this announcement so unusual, however… was that Hollywood's TV writers were (and still are, obviously) in the middle of a strike.

And without writers, where could CBS have possibly bought this show? Directors don’t create and write TV shows. Neither do actors. Or production designers. Or construction foremen.

The answer, it turned out, was relatively simple: Canada.

Flashpoint is a Canadian show, written and produced entirely by Canadian writers, producers, and crews at CTV, Canada’s largest television network.

Then, this morning, NBC and ABC announced that they, too, were picking up Canadian shows: two more dramas—The Listener and The Border—and a comedy, Sophie.

Which means that while American writers are striking on the streets, shutting off the content stream to U.S. networks and studios in order to receive fair compensation for the work they produce, Canadian writers have turned around and sold those same companies their work… for less money.

There’s only one word for behavior like that: douchey. (Yeah, I said it. It’s crass, it’s disgusting, it’s probably offensive. But it fits. And it’s French.)

Now, the Writers Guild of Canada has already come out and said that none of these shows are “struck work,” meaning none are owned by companies targeted by the striking WGA.

And they’re right.

But after the incredible support the WGA has received from England and Australia, it’s a bit disappointing—and by “disappointing” I mean “nauseating”—to get stabbed in the back by our “friends” up north. Especially after we have given Canada millions of dollars in production from the countless TV shows and movies we shoot each year in places like Toronto and Vancouver. TV shows and movies that could’ve been shot on U.S. soil, but aren’t, thanks to better tax incentives above the border.

I’ve never seen any of the shows acquired in these new deals. They may be good. They may be brilliant. They may be better than Seinfeld, CSI and I Love Lucy all rolled into one. I do know this, however: these shows’ writers and producers are spineless cowards who should be ashamed of their behavior.

"Canada is ready for the big time,” Stephen Waddell, national executive director of ACTRA, Canada's actors union, told The Hollywood Reporter this morning. “If you look at the (Canadian) programs that are being produced now, they're interesting, they're innovative, they bring a new perspective."

Really? Really, Canada? Because I believe if you were truly ready for the big time, you wouldn’t be leeching off your friends and fellow writers who are fighting for a fair deal that will—eventually and ultimately—benefit you (and all writers) as well.

But if your idea of the “big time” is taking whatever desperate shot at American audiences you can get… while your friends and colleagues are fighting for their livelihood… then you’re right—you’re ready for the big time.

A DISCLAIMER: This Suck-Salute is not necessarily intended for all of Canada… mainly just the gutless folks working at CTV, CBC, and the other companies involved with these shows.

But to the rest of Canada, and especially Canadian writers, I will say this: this is your country. These are your companies, designed to entertain you, that are behaving like this. Americans, Brits, Mexicans, Germans, Africans, Russians, or Spaniards aren’t the ones watching your networks and studios’ shows… generating ad dollars… putting food on your writers and producers’ tables. You are. So if you at all find this behavior despicable, if you at all believe that America’s striking screenwriters aren’t just fighting for their rights and respect, but for the rights and respect of writers and artists everywhere, then it’s your responsibility to let these companies know it.

So write a letter. Organize a strike support rally. Send a letter of support to the striking WGA at UnitedHollywood.com. Post something here! But don’t just sit there. This is your fight as well as ours. And your countrymen have betrayed you.

TEACHING THURSDAYS: Learn From Hollywood's Best Comedy Writers-- This Thursday, Jan. 31

Chad — Wed, 30 Jan 2008 18:49:10 GMT

Hey, guys--

If you're in LA, this is an incredible opportunity to meet and learn from some of the best TV and film writers working today...

The WGA has declared every Thursday during the writers strike "Teaching Thursday," meaning that each Thursday, picketing writers from different genres meet at the Warner Brothers Lot (4000 Warner Blvd., Burbank, CA 91505), Gate 2, to discuss the craft and process of what they do: structure, character, style, you name it!

This Thursday-- tomorrow!-- is multi-camera comedy day, and you'll have the chance to learn and talk about sitcom-writing with the staffs of The Big Bang Theory, The War At Home, and others!

Here's the scoop...

WHERE: Warner Brothers
              4000 Warner Blvd., Gate 2
              Burbank, CA 91505

WHEN:   Thursday, January 31
             9 a.m. - 12 p.m.

Listen to My Interview Online!

Chad — Sun, 27 Jan 2008 23:33:06 GMT

Hey, guys--

After posting my interview with podiobook producer and executive Mark Yoshimoto Nemcoff a few days ago, Mark interviewed me on the phone for his writing website, Word Sushi. We talked for a while about the current state of the WGA writers strike, the future of the film and TV industry, how technology is changing distribution for filmmakers and writers across the world, etc.

Click HERE to listen to the interview!

Calling All Reality TV Writers!

Chad — Sat, 19 Jan 2008 02:24:41 GMT

Hey, screenwriters--

Regardless of how the strike pans out, the WGA is working hard to protect the rights and livelihoods of TV's reality writers. If you can attend, here's info on a meeting tomorrow morning to help bring reality writers under the juristication of the Writers Guild...

WGA ORGANIZING COMMITTEE: ACTION MEETING ALERT!

WHAT: Open meeting for ALL reality, game show and nonfiction writers (you don't have to be WGA to attend)
WHEN: Saturday, January 19th @ 11am-1pm
WHERE: WGA Headquarters
             7000 West Third Street
             Los Angeles, CA 90048
             (Underground parking in WGA garage – enter on Blackburn Street)

At this meeting, you will hear important information such as:
• Statement of support from WGA leadership
• Recent committee activity
• How to file wage claims against non-signatory production companies
• “Reality On The Line” picket week
• How you can get involved

Please RSVP to jpope@wga.org to secure parking and lunch. This meeting is for ALL writers-- you do not have to be a WGA member to attend! Please spread the word to anyone who wants to learn more about this critical campaign to win industry-standard benefits for all writers.

The DGA Deal... What's It Mean?

Chad — Fri, 18 Jan 2008 21:16:23 GMT

Hey, screenwriters--

So: the DGA signed its deal with the AMPTP last night, and Hollywood is abuzz with what it means for directors, writers, actors, the strike, and the future of Hollywood. Of course, the actual language of the contract itself has yet to be put together, so right now, all the speculation is just that... speculation. A lot of people's questions and confusions will be cleared up and clarified once the actual document is released.

I had initially planned on detailing each of the contract's points here and discussing what each of them potentiall means. But the truth is-- there are a TON of sites and commentators out there already chatting and analyzing, and they're all probably smarter than I am. So rather than make you trudge through my own thoughts, I thought I'd link to some of the better articles out there and read for yourself.

But just to get you started, I'll say this: the Directors Guild negotiated seven main points...

• Increases in wages, residuals, and healthcare.
• Jurisdiction over online content based on pre-existing shows and movies
• Jurisdiction over original online content (as long as it costs over $300,000)
• Residuals for electronic sell-throughs (downloads, video-on-demand, etc.)
• Compensation for ad-supported streams of movies and TV shows
• A sunset clause stating all this can be revisited when the contract expires again in three years

I think the DGA made great progress on some of these points. They got jurisdiction over new media, which is terrific, and I even think the residual compensation for streaming is fair (up to $1200 for the first year, which doesn't seem like a lot, but I actually think is decent when taking into account the amount of revenue generated from streams versus revenue from traditional TV and movies).

Anyway, I'll be back shortly with more great tips and writing advice. Coming up in the next few days...

• We'll hear from Tracy Grant, a writer on ABC Family's drama, Lincoln Heights, about surviving your first year a TV writers room

• We'll talk to Chelsea Lately producer Brad Wollack about breaking in and writing for talk shows

• Plus, we'll have some great new resources and tools for screenwriters and film/TV fans across the country.

But first, here are some great informative pieces about the DGA/AMPTP deal, along with varying opinions of what it means (and I'll add others as I find them)...

United Hollywood: "First Glance at the Deal Summary"

The L.A. Times

New York Times: "In Tentative Deal, Directors Send Message"

The Huffington Post: "The Directors Guild Deal: Good or Bad? First Analysis," by Jonathan Tasini

Variety: "Industry Reacts to DGA Deal"

And most importantly...

THE NEGOTIATING TABLE

BREAKING NEWS: THE DGA SIGNS A DEAL!

Chad — Thu, 17 Jan 2008 22:26:34 GMT

Hey, screenwriters--

It was announced less than two hours ago that the DGA signed an agreement with the AMPTP. Although the terms of that deal haven't been announced, all eyes are now on the WGA's response. Will they accept the terms of the DGA's deal? Is the DGA deal fair for both writers and actors? Will the AMPTP return to the bargaining table?

It should be a rollercoaster to watch these answers play out over the next few hours, days, and weeks... but no one knows much for now. Still, The Wall Street Journal has a pretty good spur-of-the-moment piece about it... click here...

More WGA Side Deals... and Are Studios Breaking the Law When They "Force Majeure" Their TV Writers?

Chad — Thu, 17 Jan 2008 19:32:34 GMT

Hey, everyone--

This email is hot of the press from the WGA... and a really interesting read...

To Our Fellow Members,

As you know, since the conglomerates walked away from the bargaining table on December 7, we have adopted the strategy of negotiating independent agreements with select companies. We believe this will accomplish several things. First, it demonstrates the reasonableness of our proposals and sets a marker for the industry; second, it puts writers (and others) back to work; third, it creates competitive pressure on the companies that have refused to negotiate and rewards companies that are willing to make a fair deal for writers; and finally, it makes clear to all that the WGA is ready, able and willing to negotiate a reasonable agreement that puts everyone back to work.

This strategy has been successful in bringing important companies to the table. We now have deals in place with Worldwide Pants (producer of The Late Show with Dave Letterman and The Late Late Show with Craig Ferguson), United Artists, The Weinstein Company, and Media Rights Capital. Today we have more independent agreements on which to report. On Monday, we signed Spyglass Entertainment, yet another significant independent feature film producer and distributor. Yesterday we made an agreement with Doug Liman's Jackson Bites. This company is funded by non-Hollywood investors and intends to develop high-end original programming for distribution on new media. It involves serious money for made-for Internet projects that the conglomerates told us in bargaining couldn't be done under a Guild agreement.

The Jackson Bites deal, like the Media Rights Capital deal of earlier in the week, gives writers of new media content all the benefits and protections that WGA writers have come to expect. It includes all the proposals which were on the table when the conglomerates walked away on December 7. The deal has minimum script fees for web content (as short as one minute in length), pension and heath contributions, separated rights (if the material is used in another medium), and revenue-based residuals. It's another exciting example of the possibilities opened up by the Internet for writers, as well as further indication that our contract is fair and affordable. We expect more such deals that shift the paradigm to a new business model for a new generation of content providers.

We'd also like to respond to the news from earlier this week of studio deals that were terminated with a force majeure letter. We believe there may be a legal case to be made on behalf of certain of the writers who received these letters. As we previously reported to you, the Guilds are actively pursuing NLRB charges against the AMPTP, alleging that the companies' decision to leave the bargaining table on December 7 was an unlawful refusal to bargain. We have asked the NLRB to seek an injunction ordering the companies back to the table. We are also taking the position that the companies’ unlawful actions have transformed our work stoppage into what is called an “unfair labor practice strike.” If our position is sustained by the NLRB, one consequence would be to entitle a striking writer to reinstatement after the strike, even if the employer had attempted to terminate the writer’s individual contract.

Any members who received termination letters should send copies of the letter and the agreements being terminated to the WGAW's General Counsel, Tony Segall... All communications and material will be treated as privileged and confidential.

Finally, there has been much conjecture about a forthcoming deal between the Directors Guild of America and the AMPTP. As of this moment, we do not know if a deal will be reached, when it will be reached, or what the terms will be. If and when the DGA reaches agreement with the AMPTP, the terms of the deal will be carefully analyzed and evaluated by WGA staff, the Negotiating Committee, the WGAW Board of Directors and WGAE Council. We will work with the full membership of both Guilds to discuss our strategies for our own negotiations and contract goals and how they may be affected by such a deal.

For over a month we have been urging the conglomerates to return to the table and bargain in good faith. They have chosen to negotiate with the DGA instead. When those negotiations are finished, whatever the outcome, the AMPTP will have to return to the process of bargaining with the WGAs. We ask for your patience as this process unfolds.

As our struggle continues, we remain impressed by and appreciative of the perseverance and fortitude of our membership. We are all in this together.

Best,

Patric M. Verrone
President, WGA West

Michael Winship
President, WGA East

READERS POLL: Should the Writers Guild Accept the DGA's Deal with the AMPTP?

Chad — Thu, 17 Jan 2008 09:14:24 GMT

Today marks Day 74 of the Writers Strike... and the sixth day of the Directors Guild's negotiations with the AMPTP. All of Hollywood is watching with baited breath to see if the DGA closes a deal... and many people believe that if they do, their contract could serve as a template to restart the Writers Guild's stalled negotiations.

This could be a good thing... if the DGA makes a deal that's agreeable to the Writers Guild.

But it could also be a bad thing. If the DGA makes a deal that's not agreeable to the writers, the WGA could feel pressure from all sides-- and from within-- to accept it anyway, simply to end the strike. Plus, the AMPTP could issue a "take-it-or-leave-it" ultimatum; if they have an deal with one guild, they could say, they're not going to give more to another guild.

And as Variety reports in today's issue, if the WGA balks-- or refuses to accept the DGA's terms-- it could fracture the Guild, reportedly already rife with internal tension. Some writers want the WGA to readily accept the DGA's terms in order to end the strike; others want the Guild to keep fighting for writers' rights, even if it means prolonging the work stoppage. Still others are urging the Guild to review the DGA's contract, and-- if it's a fair starting point-- use it as a starting point for new negotiations, taking the time to try and negotiate a similar deal for writers.

Although no one knows how this will play out, the industry is abuzz with rumors that the DGA's deal is imminent... which means the Writers Guild may soon have to make some tough decisions.

So what do you all think? Should the Writers Guild accept the DGA's contract with the AMPTP? Should they hold out for their own principles? Should they consult the Screen Actors Guild, which has been supportive of the WGA and has its own contract negotiations coming up in June?

Let us know what you think in the readers poll below!...

Murder Unscripted

Chad — Sun, 13 Jan 2008 08:47:07 GMT

Hey, guys--

For our strike video of the weekend, check out this video starring Chris Noth, BD Wong, Eric Bogosian, Dean Winters, Kate Erbie, Peter Gerety, and Zeljko Ivanek-- hilarious! And exactly what'll happen in a world without writers...

MURDER UNSCRIPTED

ABC Fires Nearly 30 Writers (and I think this is a good thing)

Chad — Sat, 12 Jan 2008 18:37:48 GMT

Hey, screenwriters--

Just wanted to weigh in on a piece of interesting news that broke yesterday afternoon. As you may have read, ABC became the first studio yesterday to axe nearly thirty overall deals. Obviously, this is a horrible thing for the writers involved and their families; these people were effectively fired at a time when there are no other jobs to be found (and trust me-- they don't get severance packages). NOT FUN.

But, ironically, looking at the big picture, I think this is a really good thing. Here's why...

Overall deals are massive deals studios make with writers and producers in order to have exclusive access to anything they write. It means a company says to a writer or producer, "we believe in you so much, we're going to pay you X number of dollars, over X number of years, in exchange for owning anything you create." Most overalls are $1-2 million per year and go to established writers with proven track records. Thus signing an overall deal is often the holy grail of TV writing. ABC, for instance, has (or had) deals with Gabe Sachs, who has written and produced for Just Shoot Me, What About Brian, and October Road; Larry Charles, who has written and produced for Seinfeld, Entourage, and Curb Your Enthusiasm (and directed the Borat movie); former NBC president Warren Littlefield, who's produced Keen Eddie, Love, Inc., and Do Over; and Shaun Cassidy, who has written and produced for Invasion, The Mountain, and The Agency (you may remember him as Joe Hardy from the old Hardy Boys series).

Overalls last two or three years, meaning the studio agrees to pay the writer for those years, whether the writer produces anything successful or nt. So if Joe Writer signs a two-year, $3 million dollar overall with a TV studio, but writes absolutely nothing that gets on the air... the studio still pays him $3 million dollars.

The only way for a studio to terminate an overall deal is through the contract's "force majeure" clause (French for "greater force"). In other words, a massive, unpredictable catastrophe that prevents the studio from being able to do normal business has to occur to allow the studio to fire someone under an overall. Maybe a tidal waves washes away the entire studio. Maybe California falls into the ocean. Or maybe a WGA writers strike shuts down the down.

That's right... studios can use the writers strike to invoke force majeure and fire all (or some) of their overall deals. So ABC just fired almost thirty, including Gabe Sachs, Larry Charles, and actor Taye Diggs, who closed a producing deal after signing on last year to star in Private Practice. Warner Brothers is expected to jettison many overalls next week.

Many people believe studios have wanted a strike to use force majeure clauses to get rid of pricey overalls that haven't produced quality material. Force majeure clauses usually can't be invoked until five or six weeks into the strike, so-- for studios wanting to ditch writers or producers under contract-- they need the strike to last that long. (FYI-- I don't believe any studio ever wants a work stoppage. The amount of money they've lost is far greater than what they pay their overalls. But a "side benefit" of the strike, for studios, is certainly the ability to trim their fat and get rid of unproductive deals.)

But like I said, I think this is a very good sign. Here's why...

It was announced earlier yesterday that the Directors Guild and the AMPTP, the organization representing the networks and studios refusing to pay writers, will begin official DGA contract negotiations today. In fact, they're probably just finishing their donuts and coffee as I write this.

These contract negotiations concern many of the same issues that drove the Writers Guild to strike: namely, fair compensation for original online content and internet re-use of film and TV material.

Now, as you've probably heard, the DGA has a much less contentious relationship with the AMPTP than the WGA does. They also have a history of negotiating contracts many months before they expire (their current contract runs out June 30). And if they negotiate a contract that's acceptable to both the Writers Guild and the Screen Actors Guild, which has been aggressive in supporting the striking writers, that contract could be seen as a template for the WGA and SAG contracts (SAG's contract also expires June 30; the WGA contract ran out October 31).

Of course, the bad news is: the DGA has a history of negotiating contracts that aren't very writer- or actor-friendly. This isn't surprising; the DGA must tend to the needs of its own membership first, and those members have different needs than writers or actors. Still, a contract that's good for directors (and assitant directors, who comprise 40% of the DGA) may not be the best contract for actors and writers.

But the good news is: the DGA has been very vocal about saying they intend to sign a deal that will be acceptable to everyone. Directors want the strike to end as much as anyone, and they realize that in order to go back to work, writers need a deal they can live with.

So several days ago, the DGA and the AMPTP began unofficial talks to discuss the issues at hand. And, just like the studios and the writers, they were so far apart on key issues (mainly, internet stuff-- the big sticking point) that the DGA refused to commence official negotiations.

Until yesterday.

Yesterday, after days of further unofficial, backchannel negotiations, both sides announced they had made enough progress to begin negotiations immediately. In fact, DGA President Michael Apted said, "We would not enter negotiations with the AMPTP unless we were within shouting distance of an agreement on our two most important issues: jurisdiction for our members to work in new media and appropriate compensation for the reuse of our work on the Internet and other new media platforms."

So how does this all add up???...

Point #1: If DGA-AMPTP negotiations go well, and the resulting contract is acceptable to the actors and striking writers, it could end the strike. (Rumors swirling about Hollywood yesterday said the DGA could have their contract signed by tomorrow night. That may be pretty optimistic, but we'll see...)

Point #2: Studio heads already have a pretty good idea of what the DGA contract will look like. Remember-- the DGA doesn't enter official negotiations until it feels it's already pretty close to a deal.

Point #3: Once the strike is over, studios can no longer invoke force majeure clauses to get rid of expensive overalls they no longer want. Force majeure must be invoked during the strike.

Point #4: Studios could have invoked force majeure clauses a month ago... but they didn't. Instead, most suspended their overalls without pay. Now, ABC suddenly announces massive firings, with Warner Brothers quick on its heels.

Thus...

I think ABC Studios wants to scrap its unwanted overalls before the strike is over, and it feels/senses/hopes that the DGA negotiations will be quick and productive. They also have reason to feel/sense/hope that the DGA contract will be acceptable-- or at least an acceptable starting place-- for the WGA. Meaning (at least in the eyes of ABC Studios): they feel/sense/hope that the end of the strike could be in sight. I.e.: "better take out the garbage while you still can."

Of course, as with all things in this strike, nothing is predictable, and the whole saga has had more twists and turns than Deathtrap.

But as we spend this weekend going to movies and watching football... and as the DGA and AMPTP sit around their conference table in their undisclosed location... and as ABC's fired writers assuage their spouses and families... it's worth asking... could the strike be coming to an end?

Next week will be interesting, for sure.

So keep your fingers crossed... and stay tuned...

Directors meeting with AMPTP tomorrow

Chad — Sat, 12 Jan 2008 02:08:06 GMT

After being so far apart on key issues that they refused to begin negotiations, the Directors Guild of America and the Alliance of Motion Picture and Television Producers are sitting down tomorrow to (attempt to) formulate a new DGA-AMPTP contract. The main issues, just like in the failed Writers Guild negotiations, are compensation for both original online content and internet reuse of film and TV material. But the DGA, whose contract with the studios doesn't expire till June 30, has a history of negotiating deals months ahead of time... and the directors have been having backchannel conversations with studio heads for the last two weeks. Insiders say they wouldn't be sitting down unless they had come close to agreeing on a deal that seemed reasonable for the entire industry, actors and writers included. We'll see...

Robert J. Elisberg's Writers Strike Primer: FAQ

Chad — Fri, 11 Jan 2008 18:09:01 GMT

Okay, this is sheer theft, but I'm posting below the text of the "Writers Strike Primer: FAQ" that Robert Elisberg posted yesterday at The Huffington Post. It's great. Normally, I'd just link to it and give Arianna the traffic, but it's so damn good I wanted to put it all up here. So in return, please go to The Huffington Post and read something. You can also check out more great pieces from Elisberg-- he's one of my favorites, and always seems to set the record straight (I've given you all the links-- it'll take two seconds). Here ya go...

I hear that Patric Verrone is nuts. Is he?

No. It turns out that Patric Verrone is quite sane. The WGA brought in doctors from the Mayo Clinic to certify him, and they all left liking him very much, especially the women who found him "dreamy." You and all those you hear from are confusing him with Patrick Valona, who was considered insane in 1843 for believing that fish created the combustible engine. Or perhaps, you are just hearing a smear campaign started by the AMPTP corporations, trying to create dissension within the WGA. Patric Verrone is rational enough to have graduated magna cum laude from Harvard, be on the law review at Boston College and teach law. Of course, his move from that to writing cartoons did get his parents concerned, though when he started giving them really nice gifts, they relented. Some people think him odd because he always wears a business suit in Hollywood, but it turns out that he just has good fashion sense. And looks bad in t-shirts.

I hear that the WGA negotiating strategy is all wrong. Isn't it?

And you would do it differently how?

Well, er, I hear the WGA should bring in new negotiators who could make a deal. Shouldn't they?

If you brought in the Secretary General of the United Nations, even he couldn't make a deal right now, because the AMPTP corporations have walked away from the table. It's a well-accepted fact that it's almost impossible to make a deal with someone who isn't there. The only known case where this has occurred was a tribe in Kenya that communicates by telepathy. However, it completely misunderstood the other side, and got screwed royally, many times over. In the end, the AMPTP corporations using their CIA contacts came in, bought the village and threw the residents out.

I hear the WGA should never have added Animation and Reality to their demands. Wasn't that a bad thing to do?

In fact, they have always been on the table. As in "always." Even before the strike. The AMPTP corporations never minded them then. Only many weeks later, when they decided to try and divide the writers did they suddenly jump up, "O'm'god, look, there are these six issues that we hate, and two are Animation and Reality TV! We demand you remove these, or we will never, ever continue negotiating with you at all, ever." These are not strike issues - but they are very important to some people. ("Some people" is defined as - "people who write Animation and Reality TV.") But important as they are, the Writers Guild will not strike over them. If the AMPTP corporations made a fair offer on New Media tomorrow and left out Animation and Reality TV...the strike would be over tomorrow. It's a non-issue.

I hear that the directors are more mature than writers, which is why the AMPTP corporations are negotiating with them?

Some people believe that third-graders are more mature than writers, but it only appears that way because writers rarely see daylight or other humans very often. The AMPTP corporations are negotiating with directors because it's what they've wanted to do since Day One. You see, directors hate striking for anything. In their entire history, they have struck once, for five minutes. Literally. Actually, it was more a clerical error. How far will directors go to avoid striking, even for something worthwhile? In 1984, Gil Cates negotiated the royalties for home video down by 80 percent, to the whopping 4 cents that artists get today. If you were the AMPTP, who would you rather negotiate with? The WGA was a nuisance that had to be tolerated until the directors were finally available. But now, writers have created so much attention about New Media that even the DGA knows it can get something good, if it tries.

I hear that all writers are rich. Aren't they?

You probably hear this from AMPTP corporate CEOs who make $25 million a year, right? Boy, do I wish you were right about this one. Alas, half the WGA writers in any given year earn no income writing, which tends to defeat the purpose of richdom. The median income of WGA members is about $62,000. But then, the median income between me and Peter Chernin of News Corp., who earned $34 million last year, is just over $17 million. The handful of writers at the very top of their profession are rich. The handful of people at the very top of any profession are rich. The 97% of other writers, they fall into the, "Okay, who ordered the tuna fish sandwich? You owe..." category.

I hear that the studios and networks say they don't make any money from the Internet. Why should they pay writers for it?

Studios and networks also say they don't make any money from TV and movies. According to studios and networks, they all went bankrupt 24 years ago and have been completely out of business since 1987. CBS today makes athletic shoes. Paramount runs a chain of muffler shops. Neither, they say, make a profit. By the way, if you had wandered through the recent Consumer Electronics Show, you would have understood how massive a galvanizing profit these companies (and countless other companies) make from the Internet - right now. It's dizzying. Moreover, if you really want to scare AMPTP companies, say this to them: "I hear you make even more money from "metadata" than almost anything." They'll quickly turn and run. Simply, metadata is the data embedded in New Media. Companies make huge money selling their metadata. (The amount is technically known as "oodles." ) Let's put it this way - how do you think Google became a multi-billion dollar company with a product line they give away for free. Selling metadata. When figuring profit from New Media and the Internet, it counts. No profit from the Internet. Ha, good one.

I hear the AMPTP corporations wanted a strike. Is that true?

If they did, I wouldn't suggest that they promote the fact. There are, of course, some financial advantages to a company during a strike. For instance, they save a lot on parking attendants. Also, they get to fire people and call it "belt tightening." And can drop the really bad deals they made. On the downside, they have to give back several billion dollars in ad revenue to their advertisers because ratings go down. The optimist calls this a wash. The pessimist calls it taking a bath. Either way, they get soaked.

I hear that when...

Sorry, let me interrupt you a moment. You seem to hear really wrong things. Here's a rule of thumb. If you "hear" something, assume it's wrong. If you have a relative who works in the entertainment industry, and he or she tells you something they've heard, assume it's wrong. If you read it in an online blog or column from someone who "heard" something from a reliable source, assume it's wrong. At a certain point, when there is actual news, you will know.

Why do writers deserve residuals? Didn't former MCA head Lew Wasserman once say he wished he got a dollar every time he flushed his toilet?

If Lew Wasserman could have gotten 10 million people to watch him flush his toilet, he would have deserved that dollar. You misunderstand what residuals are. Residuals are not a bonus. Residuals are delayed compensation for promised income. Here's what that means - a script has a high value, but companies cannot pay that amount up front, it's too expensive. So, they reach a contractual agreement with writers: we'll pay you much less than your script is worth so that we can make the show, and then if it's successful and gets shown again and we make additional money, you'll get a small percentage of that, to make up for what you didn't get paid at the beginning. And both sides agree to that. Contractually. People grasp that novelists get paid each time a book they created is sold, that playwrights get paid each time the drama they created is performed, that recording artists get paid each time the CD they created is sold - it's the same for TV and film writers.

No offense, but you make me sick. Why should anyone in the entertainment industry support the WGA striking?

No offense taken. Okay, here's the deal: the AMPTP corporations offered writers zero for original New Media content, zero for New Media streaming, and zero for New Media downloading. Where do you think all future content will go? Good guess! Zero would destroy the Writers Guild, and it would set the pattern for bargaining with the actors and directors. Which would destroy them, as well. And for all other unions - who think they don't have a stake in this - their health and pension benefits are directly determined by what the residual rates are. ("Residuals," remember them?) So, the more writers get for residuals, the higher health and pension are for everyone. Yes, writers are annoying and strike all the time, but every time they strike, it benefits everyone. Most of the benefits you now enjoy, it's because the annoying writers struck for them.

Wow, sorry about the "You make me sick" crack. Why didn't you say this before?

We forgot.

I think TV and movies stink, so I'm glad writers are on strike. Why should I care?

You shouldn't. Read a book. Read a newspaper. Play some hoops. Keep in mind, if you don't like what a network is showing, it was a studio executive who decided what should be put on - and then, without any creative experience, sent notes to the writers telling them how to change it. For those of you who actually watch TV and movies, and have obviously found things you like - isn't it nice that there are writers who are able to overcome the hurdles and turn out such enjoyable, involving, funny, dramatic stories? But ultimately...y'know, you have your own lives to lead. Care about whatever you want that's important to you. That's America. This happens to be important to writers. And to actors. And whoever works in Hollywood, which is perhaps America's biggest, most influential export to the world, America's public face to every corner of the globe. It's your choice if you want to support America, the land of the free, the home of the brave, from sea to shining sea.

Do you know Jessica Alba?

No.

Scabbed Over...

Chad — Thu, 10 Jan 2008 21:51:34 GMT

Hey, guys-- check out Mark Evanier's interesting New Republic article about scabs during WGA strikes...

Support the Writers Strike, Go To Prom

Chad — Thu, 10 Jan 2008 20:44:11 GMT

Hey, everyone-- this is hilarious...

As you know, NBC has had to cancel the Golden Globes this weekend because they refuse to make a reasonable deal with the Writers Guild... meaning the Guild was planning on picketing the Globes, and-- since the actors support the writers in their quest for a fair deal with the TV and movie studios-- all the TV and movie stars refuse to cross the writers' picket line.

And as if the writers are the ones acting like a-holes, NBC President Ben Silverman (you know-- the guy who's developing a TV series version of Robinson Crusoe) actually said this to E!'s Ryan Seacrest yesterday...

"Sadly, it feels like the nerdiest, ugliest, meanest kids in the high school are trying to cancel the prom. But NBC wants to try to keep that prom alive."

I'm not sure which is more idiotic... that he thinks the writers are to blame for this, or that he just called writers "the nerdiest, ugliest, meanest kids in high school." Not that any of this should be surprising: Silverman's jackass media blunders have landed him in hot water before... like when he hired Isaiah Washington only heartbeats after the actor was fired from Grey's Anatomy for making homophobic comments... or when he claimed he had nothing to do with ousting former NBC president Kevin Reilly-- a man who helped make Silverman a successful producer by standing behind Silverman's then-ailing comedy, The Office-- a claim so spineless it prompted ABC President Steve McPherson to tell Silverman to "be a man."

ANYWAY... to celebrate the PR genius that is Ben Silverman, the Writers Guild is hosting-- you guessed it-- a prom at Ben Silverman High School (aka "B.S. H.S.") (aka "NBC Studios"). Here's the scoop...

BENJAMIN SILVERMAN HIGH WINTER PROM

When: Thursday, January 17th from 11am-2pm
Where: BS High School (located at 3000 West Alameda in Burbank - often referred to as NBC Studios)
Dress: Prom Formal

And to raise money for the Industry Support Fund, you can buy a Ben Silverman High School T-Shirt just like the one below!...

Enter the 1st Annual United Hollywood Short Film Contest!

Chad — Tue, 08 Jan 2008 20:00:37 GMT

After the tremendous response to United Hollywood's FairDeal4Writers video contest, United Hollywood has expanded the competition into the 1st Annual United Hollywood Short Film Contest, open to any aspiring writer, director, or filmmaker. Winners will receive an autographed strike poster from Hollywood's top writers, producers, directors, and actors, as well a new package of Final Draft screenwriting software.

Here's a short message from judge Marti Noxon (Executive Producer/Showrunner: Buffy the Vampire Slayer, Private Practice), as well as the blurb from FairDeal4Writers.com. For more information, visit UnitedHollywood.com or FairDeal4Writers.com...

Recently, United Hollywood announced the FairDeal4Writeres video contest. Response has been great, but so much has happened in the last several weeks that we’ve decided to make it an annual event.

United Hollywood is proud to announce that the FairDeal4Writers contest has become the first Annual United Hollywood Short Film Contest.

We’re still looking for videos on how to get the Moguls to make a fair deal, but we’ve expanded the scope of the contest. You can now choose to make a film on any WGA contract issues that inspires you. If you’re not sure what the issues are check out our blog spot www.unitedhollywood.com. Be innovative and find an aspect of the negotiations that strikes you.

Keep in mind that we’re not looking for you to talk to the camera and tell us how you would end the strike. Videos should be cinematically creative. Our theme for this years’ contest is still a FairDeal4Writers.

Videos can be no longer than four minutes. They can be any genre (comedy, drama, mockumaentary, commercial, whatever!). All videos must contain the phrase “fighting for the future,” and the last line of the video must be “We’re all on the same page.”
The winner of the contest will receive an authentic WGA strike poster with over 175 signatures by writers, actors, actresses and directors who autographed it while on the picket line and a copy of FINAL DRAFT. “You have a story to tell. Use Final Draft to write it.”

Golden Globes Cancelled

Chad — Tue, 08 Jan 2008 00:48:03 GMT

Thanks to the Screen Actors Guild's Friday announcement that actors and movie stars would not be crossing Writers Guild picket lines to attend this weekend's Golden Globes awards ceremony, NBC has yanked the telecast. The network will instead air a block of Globes-related programming, including a live telecast of a decidedly not star-studded press conference, where winners will be announced. Here's the HFPA's official press release...

RECIPIENTS OF “THE 65th ANNUAL GOLDEN GLOBE AWARDS” TO BE ANNOUNCED AT BEVERLY HILTON PRESS CONFERENCE ON JANUARY 13th

HOLLYWOOD, CA, January 7, 2008 – The Hollywood Foreign Press Association today announced that the recipients of Golden Globe Awards in 25 categories will be revealed during an hour-long HFPA press conference at The Beverly Hilton to be covered live by NBC News beginning at 6:00 pm PST on January 13. “The 65th Annual Golden Globe Awards” NBC telecast and champagne dinner in The Beverly Hilton’s International Ballroom is officially cancelled.

“We are all very disappointed that our traditional awards ceremony will not take place this year and that millions of viewers worldwide will be deprived of seeing many of their favorite stars celebrating 2007’s outstanding achievements in motion pictures and television,” said Jorge Camara, President of The Hollywood Foreign Press Association. “We take some comfort, however, in knowing that this year’s Golden Globe Award recipients will be announced on the date originally scheduled.”

The AMPTP Can't Handle The Truth

Chad — Mon, 07 Jan 2008 22:47:18 GMT

Hot off the press from the WGA...

To Our Fellow Members,

For our first joint communication of 2008, we are pleased to report very good news. This morning, United Artists signed an independent agreement. This company, now co-owned by Paula Wagner and Tom Cruise, has been legendary for its collaborative and cooperative relationships with writers and the talent community, so it is only fitting that it be the first film studio to make an agreement with us.

This agreement is virtually identical to the agreement signed by David Letterman's Worldwide Pants (posted at: http://www.wga.org/contract_07/wwp_exec.pdf). It features all the proposals we were preparing to make when the conglomerates left the bargaining table a month ago. Those proposals include appropriate minimums and residuals for new media (whether streamed or downloaded, as well as original made-for content), along with basic cable and pay-TV increases, feature animation and reality TV coverage, union solidarity language, and important enforcement, auditing, and arbitration considerations.

We expect this deal to encourage other companies, especially large employers, to seek and reach agreements with us. As those deals are announced, we will report them immediately to you. In the meantime, let us maintain our picket line presence and the pressure that it places on the conglomerates. We look forward to more e-mails like this one in the near future.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE

READERS POLL: Do WGA Side-Deals Help or Hurt the Writers Strike?

Chad — Sun, 06 Jan 2008 01:42:01 GMT

As you know, it was announced today that Tom Cruise and Paula Wagner’s film studio, United Artists, has closed a deal with the WGA, agreeing to all the striking screenwriters’ proposals and allowing them to begin hiring writers and producing movies. This is the second side-deal the WGA has made, following last week’s deal with David Letterman’s production company, Worldwide Pants.

But the reactions of Hollywood and writers across the country seem to be mixed!

Some people champion the development, applauding both the WGA and these production companies for making deals outside the AMPTP. They hope similar deals are soon to follow.

Others criticize these deals, predicting they’ll lead to the division of the Writers Guild, the disintegration of the writers’ power, and—ultimately—the loss of everything the WGA is fighting for. If some union screenwriters go back to work, they say, other will become resentful… why should some WGA members be allowed to work and others not? The WGA’s power, they argue, lies only in sheer unity: nobody works until everybody works.

Writers Digest wants to know your opinion. Take our poll... or post your thoughts below!

BREAKING NEWS: United Artists Closes Deal With WGA!

Chad — Sat, 05 Jan 2008 21:56:01 GMT

In what could be the first major victory for the the Writers Guild of America, United Artists-- the independent movie studio started by Charlie Chaplin, Mary Pickford, D.W. Griffith, and Douglas Fairbanks as an "F.U." to the studio system, and now run by Tom Cruise and Paula Wagner-- has closed a deal with the WGA... agreeing to all the writers' requests: new media residuals, jurisdiction over animation and reality TV, everything! Check out the full story at Nikki Finke's Deadline Hollywood Daily.

The deal basically mirrors the deal signed last week by David Letterman's Worldwide Pants, but this is a much bigger deal. First of all, while Letterman gave the writers all the backend and internet residuals they wanted, talk shows like Late Night With David Letterman and Late Late Night With Craig Ferguson don't have much backend or a huge online presence, so yeah-- it's great that Letterman agreed, but there's not much value to his agreements.

Secondly, David Letterman is a WGA member, so it's not a huge shocker that he'd make a deal. But United Artists' agreement represents the first time non-WGA members-- and a producer of major movies-- has agreed to the WGA's proposals. This totally validates the reasonability of what the WGA is asking for.

It also gives United Artists a huge leg up over the other studios, as the company can now begin hiring WGA writers and producing movies... while the rest of the studios are stuck in the mud, refusing to give in to the WGA's reasonable requests and remaining unable to make TV shows or movies.

Supposedly, the other studios are furious that United Artists and MGM, with whom UA is partnered. And any time studio chiefs are pissed off... that's a good thing.

To read the actual Worldwide Pants deal in its entirety, which is basically the same as the United Artists deal, click below...

WorldwidePantsDeal.pdf (12.94 KB)

Write and Own Your Own Show at StrikeTV!

Chad — Thu, 03 Jan 2008 20:35:48 GMT

Hey, writers-- wanna create, write, and OWN your own show? Here's your chance...

Last week, the Writers Guild announced the formation of StrikeTV, an ad-supported online "TV channel" boasting all original content written, directed, and produced by professional screenwriters, directors, and producers. Which-- frankly-- is more than the networks and studios have right now.

Proceeds from the ad money generated by StrikeTV goes toward the Writers Guild Foundation's Industry Support Fund, which helps union diretors, actors, and below-the-line workers keep food on their tables during the strike.

But unlike the networks and studios, StrikeTV allows the writers, creators, and producers of its shows to maintain ownership of their own content... meaning if your show becomes a hit-- no one profits but you!

StrikeTV is holding a seminar entitled "StrikeTV: Adventures in New Media," this Saturday, January 9, at 1:00 p.m. at the WGA theater (135 S. Doheny Dr. BH 90211). The first half will be devoted to speakers and discussions about the emerging world of digital media, as well as how writers can maintain ownership and become financial partners in their own content. The second half focuses on actual physical production.

For more information about the seminar or StrikeTV in general, check out StrikeTV's official MySpace page!

You Gotta Fight For Your Right To Late Night

Chad — Thu, 03 Jan 2008 00:53:33 GMT

Hey, everyone--

Fans In Support of the WGA Strike, an online group of fans backing and fighting for the striking TV and film writers, is calling on all fans of late night TV to get on the phone and voice your frustration to GE/NBC heads Jeff Immelt & Jeff Zucker and Disney heads Bob Iger and Anne Sweeney.

As you may know, David Letterman's Worldwide Pants has struck its own deal with the WGA, allowing them to return to CBS's air tonight with their writing staffs intact. NBC and ABC, however, still refuse to make a deal, forcing their late night talk shows back on the air tonight... with no writers.

So here's the latest post from Fans In Support of the WGA Strike... help the writers end the strike and get your favorite shows back on the air!

Action Item For The Week: Call NBC, GE, Disney & ABC To Support Jimmy, Conan & Jay Personally

Greetings my fellow WGA supporters!

Did everyone have a decent Hannukah/Christmas/Kwanzaa/winter holiday?

Was New Year's good and relaxing for you?

I hope so because it's time for us to go back to work so we can get other writers (and their shows production teams) back on their jobs already.

The action item for the week for the LJ community is to call NBC, ABC and also GE and Disney and express our displeasure at the untenable position they have put Conan and Jay and Jimmy Kimmel into. We can all agree to support Jay and Conan and Jimmy as WGA writers, heck it was great of them to be putting out so much of their own money to support the non writing staffs for as long as they did (Conan, Jay & Jimmy who tried to hide this from the media, nice guy that he is) and showing up on the picket lines of LA (Jay & his head writer Joe Medeiros on the picket lines)

or doing appearances on their staff's unofficial show blogs (Conan and all kinds of videos on http://www.latenightunderground.com, especially one entitled 'Strike Beard' )

So please call the following numbers between 9am and 5pm Eastern time (9am - 5pm Pacific for ABC & Disney) and leave messages for the 2 Jeffs as well as Anne Sweeney & Bob Iger letting them know that you support Conan and Jay and Jimmy as WGA writers but are displeased that they have been forced back to work without their writers and that you would feel more comfortable watching their shows and buying the products and services that are running advertising spots (not to mention buying GE and Disney products and services) if only they would make fair deals with the WGA writers just like Worldwide Pants did for David Letterman's show and Craig Ferguson's (whose shows you feel good about watching and whose sponsors products and services you will strongly consider buying)

You can and leave the usual name, gender, age range (for example at 38 I fall into the highly sought after 18-49 and 25-44 age groups), an approximate range for your household income (they especially love to hear from people whose household income is $75,000 or more a year, so if you fit that description, say so!), your closest NBC or ABC affiliate (station call letters and number or the city and state it is located in), and city and state where you live.

If you also support other shows on NBC/USA/SciFi/Bravo or the ABC/ABC Family/Disney networks feel free to mention those shows in your call as well.

GE
Jeffrey Immelt, President (the last name is pronounced 'eye-melt')
3135 Easton Turnpike
Fairfield CT 06828-0001
Phone 203-373-2211
Fax 203-373-3131

NBC
Jeff Zucker (last name rhymes with 'Tucker')
Phone 1-212-664-4444
Fax 1-212-703-8533

Disney and ABC
Robert Iger President & CEO of Disney (last name pronounced 'eye-grrr')
Anne Sweeney, President of ABC, ABC Family, & Disney Networks
Phone 1-818-560-1000 for the general line
1-818-560-6929 for Mr Iger's office (that will teach the operators for the general line not to hang up on me 3 times in a row although I'm still calling the FCC to complain about that)

Happy dialing!

Get Cool Writer-y Stuff (produced scripts, autographed photos, etc.)!

Chad — Mon, 31 Dec 2007 06:32:58 GMT

To raise awareness for the plight of the striking film and TV writers, Fans4Writers, a website and organization of TV and film lovers, is launching a creative ad campaign: filling the skies over Pasadena with skywriting messages during Tuesday's Rose Bowl game.

And to help raise money for the skywriting (their goal is $6,500), they're hosting a silent auction... auctioning off tons of terrific TV, film, and screenwriting paraphernalia like produced Battlestar Galactica scripts and autographed photos.

You can check it out, bid on items, or just donate money to the cause by clicking here!

Letterman Makes WGA Deal!

Chad — Sat, 29 Dec 2007 01:39:24 GMT

HOT OFF THE PRESS... Less than an hour ago, the Writers Guild announced that they have closed a deal with Worldwide Pants, David Letterman's production company, which owns both The Late Show with David Letterman and The Late Late Show with Craig Ferguson, allowing both shows to return to the air next week... with writers! This is incredible news for writers, actors, below-the-line workers, and TV fans alike.

You can read the full story in The New York Times, and check out the WGA's announcement, in its entirety, below...

"To Our Fellow Members,

We are writing to let you know that have reached a contract with David Letterman's Worldwide Pants production company that puts his show and The Late Late Show with Craig Ferguson back on the air with Guild writers. This agreement is a positive step forward in our effort to reach an industry-wide contract. While we know that these deals put only a small number of writers back to work, three strategic imperatives have led us to conclude that this deal, and similar potential deals, are beneficial to our overall negotiating efforts.

First, the AMPTP has not yet been a productive avenue for an agreement. As a result, we are seeking deals with individual signatories. The Worldwide Pants deal is the first. We hope it will encourage other companies, especially large employers, to seek and reach agreements with us. Companies who have a WGA deal and Guild writers will have a clear advantage. Companies that do not will increasingly find themselves at a competitive disadvantage. Indeed, such a disadvantage could cost competing networks tens of millions in refunds to advertisers.

Second, this is a full and binding agreement. Worldwide Pants is agreeing to the full MBA, including the new media proposals we have been unable to make progress on at the big bargaining table. This demonstrates the integrity and affordability of our proposals. There are no shortcuts in this deal. Worldwide Pants has accepted the very same proposals that the Guild was prepared to present to the media conglomerates when they walked out of negotiations on December 7.

Finally, while our preference is an industry-wide deal, we will take partial steps if those will lead to the complete deal. We regret that all of us cannot yet return to work. We especially regret that other late night writers cannot return to work along with the Worldwide Pants employees. But the conclusion of your leadership is that getting some writers back to work under the Guild’s proposed terms speeds up the return to work of all writers.

Side-by-side with this agreement, and any others that we reach, are our ongoing strike strategies. In the case of late-night shows, our strike pressure will be intense and essential in directing political and SAG-member guests to Letterman and Ferguson rather than to struck talk shows. At this time, picket lines at venues such as NBC (both Burbank and Rockefeller Center), The Daily Show, The Colbert Report, and the Golden Globes are essential. Outreach to advertisers and investors will intensify in the days ahead and writers will continue to develop new media content itself to advance our position.

We must continue to push on all fronts to remind the conglomerates each and every day that we are committed to a fair deal for writers and the industry.

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE"

WGA Video Contest!

Chad — Wed, 26 Dec 2007 20:27:42 GMT

Christmas may not be over yet... at least not for all you aspiring screenwriters and filmmakers. In the wake of Nikki Finke's grim pre-Christmas reportage, UnitedHollywood.com, the official blog of the Writers Guild strike, is sponsoring FairDeal4Writers, an online video contest for writers, directors, and producers across America.

All you have to do is shoot a four-minute (or less) video showing how you would get the AMPTP to make a fair deal. Videos can be in any genre: comedy, drama, mockumentary... even a "commercial." It must contain the phrase “fighting for the future,” and the last line of the video must be “We’re all on the same page.”

The winner will receive an authentic WGA strike poster with over 150 autographs of writers, actors, actresses and directors who signed it while on the picket line.

To enter the contest, simply upload your video to YouTube, then email the contest at videos@FairDeal4Writers.com. The contest ends January 20th, the winner will be announced January 28th.

Also, here's Oscar-winning screenwriter Paul Haggis (Crash, The Black Donnellys) with more information...

A "Script Notes" X-mas Miracle

Chad — Thu, 20 Dec 2007 07:44:06 GMT

Okay, so it's not really a "miracle" per se... unless by "miracle" you mean "funny YouTube video," but as a "Farewell 2007"/Christmas/Hanukkah/Kwanzaa gift, here's a brand-new, hot-off-the-press WGA strike video.

Enjoy it... and watch it slowly-- this will probably be my last post of the year, so it needs to last you a few days... but "Script Notes" will be back in full force next month-- bringing you all the latest info on the writers strike, important screenwriting news, and lots of great writing tips and advice.

Have a terrific holiday!

Save Jon Stewart!

Chad — Wed, 19 Dec 2007 07:26:39 GMT

Miss The Daily Show because the studios walked away from the negotiating table in the midst of the writers strike? Want the Daily Show writers-- and writers of all your other TV shows-- to get paid fairly so you don't have to sit around watching reruns of Nightline and The Singing Bee for the next eight months?

Well, take a stand!

MoveOn.org has launched its own petition to bring back The Daily Show... as well as all the other shows which have gone dark because the studios don't want to pay their writers.

Click here to sign the petition, which will be sent to studio executives in an effort to convince them to share a tiny piece of the $170 million they're making from airing shows online. (And just to be clear... that $170 million is being made off shows written by writers... none of whom make a dime when the studios show their work online.)

The AMPTP: So Sexy When They're Angry

Chad — Thu, 13 Dec 2007 00:05:08 GMT

The AMPTP, finally starting to crack its tough exterior, issued two pouty, foot-stomping letters today, attempting to regain some ground in its already far-lost battle of public relations. To read the letters, and for Nikki Finke's witty insight, check out the latest post on Deadline Hollywood Daily...

The AMPTP May Be Rich... but They Don't ROCK!

Chad — Wed, 12 Dec 2007 21:45:29 GMT

Marti Noxon, Dawn Prestwich, Nicole Yorkin,
and the United Showrunner Committee
cordially invite you to attend

WRITE AID

A Benefit Concert to Provide Assistance
to Industry Employees Affected by the WGA Strike

Performers currently scheduled:

Eddie Izzard
Lewis Black
Patton Oswalt
Sarah Silverman
&
Tenacious D
(featuring Jack Black & Kyle Gass)

ONE NIGHT ONLY!

FRIDAY, DECEMBER 14th at 8 p.m.
ROYCE HALL at UCLA

Tickets - $75 per person
Tickets can be purchased
By visiting
www.UCLALive.org
Or calling
(310) 825-2101
Or by contacting
Ticketmaster

Tickets also available in person at the UCLA Central Ticket Office
Southwest corner of the James West Alumni Center
And at
All Ticketmaster Outlets

Write Aid is presented by members of the Writers Guild of America West, the Screen Actors Guild and West Beth Entertainment.

The idea originated with the United Showrunners Committee who wanted a way to reach out to the Industry community during the strike. Dawn and Nicole, Executive Producers of "The Riches" approached star Eddie Izzard. "I wanted to help because the WGA struggle is in the same area as the SAG struggle will be in a few months time." Izzard said. "We will also be negotiating over Internet residuals, so doing the benefit seemed like a good way of helping out and showing solidarity."

"A small group of writers and performers came together recently in the hopes of reconfirming our solidarity, as well as raising spirits and money as the Holidays fast approach," explains Marti Noxon, Executive Producer and Showrunner of the series Private Practice.

For 30 years WestBeth Entertainment, led by President Arnold Engelman, has produced critically acclaimed work in live entertainment. Productions have included the sold-out national tours of Eddie Izzard's Dress to Kill, Circle and Sexie; Billy Connolly's Too Old to Die Young (North American Tour); Lewis Black's Nothing's Sacred (Lincoln Center, Carnegie Hall) and Red, White and Screwed (NY City Center); The Family Guy Live (NY, Los Angeles, Chicago) and Wigfield featuring Stephen Colbert, Amy Sedaris and Paul Dinello (Off-Broadway, National Tour); WestBeth recently produced Margaret Cho's The Sensuous Woman in New York and Eric Idle's play What About Dick? in Los Angeles.

If You Can't Strike Away Your Troubles... Drink 'Em Away

Chad — Wed, 12 Dec 2007 00:02:09 GMT

Props to Nikki Finke's Deadline Hollywood Daily for posting this awesome WGA-supporting drink recipe...

High Time For 'The Striking Writer Martini'

The drink created by screenwriter Nian Aster was first offered at “The Backstage Bar” then “La Campanile,” “M Bar” and “Chan Dara,” with discounted rates and menus for Writers Guild members. "Cinespace” on Hollywood Boulevard is hosting a complementary evening Wednesday for striking writers with free beer, shots, and Striking Writer Martinis. Here’s the recipe:

The Striking Writer Martini
2 oz vodka "to fortify against the cold Strike Winter"
2 oz cranberry juice "as the writers are seeing red"
1 oz sweet and sour mix "they’re grateful for solidarity in this bitter struggle"
4 drops vanilla (or use vanilla vodka) "to symbolize the 4 cent raise they asked for"
"There’s no cherry in this drink, as writers aren’t getting a piece of the pie. Garnish with a half a redvine, as they hope to be back on the set soon."

Patrick Goldstein Breaks It Down: Why the Studios Won't Budge

Chad — Tue, 11 Dec 2007 19:02:23 GMT

Check out this morning's L.A. Times, where reporter Patrick Goldstein has an excellent piece detailing why the writers won't win this fight... and, ultimately, neither will the studios.

Is the AMPTP Illegal... or Just Unethical?

Chad — Tue, 11 Dec 2007 08:46:43 GMT

Here's a link to a terrific article posted last week on The Huffington Post by commentator Robert J. Elisberg. In it, Elisberg makes a pretty convincing case for why the AMPTP's negotiating position may not be just unethical and unfair, but downright illegal. Here's a little preview, but you should read the entire article...

"The AMPTP is like if General Motors, Ford, Daimler-Chrysler, Toyota, Honda and Nissan all got together, decided the terms they would offer employees, and then negotiated as a single body against one isolated division of U.S. auto workers at a time. Divide and conquer. Take it or leave it.

It's not that it would be massively illegal. It's that it would be unconscionable. No one in the aghast free world would stand for it. Even Luddites who wished it wasn't illegal understand why it's unacceptable.

Or imagine if all the tobacco companies got together. What if they hid research about nicotine, and then...oh, wait, they did. And they all got hauled before Congress.

Competitors are not allowed to negotiate together, to even confer together. It's called collusion. When baseball owners merely created an "information bank" for offers being made to free agent players, they were fined $280 million. Two competitors cannot talk with one another if there's just a hint of agreement. Imagine ALL competitors in an industry getting together to set ALL wages and ALL labor conditions.

It doesn't happen. Anywhere. Not "anywhere in the U.S." Anywhere in the free world.

Except Hollywood."

Strike Website of the Day

Chad — Tue, 11 Dec 2007 07:42:00 GMT

Check out this hilarious site (www.amptp.com) spoofing the AMPTP's actual site, amptp.org. HILARIOUS!

Nick Counter Wins a Screenwriting Oscar (seriously)

Chad — Mon, 10 Dec 2007 07:38:46 GMT

Okay, not seriously. But he deserves one, and I intend to lobby to adapt Oscar nomination rules to include people who haven’t actually written a screenplay. Because no matter who’s nominated for this year’s Best Original Screenplay Oscars, none will have written a second act break as dramatic as the one Nick Counter, the AMPTP’s bombastic head negotiator, handed the Writers Guild Friday afternoon.

After eight days of negotiations, just as it looked like the WGA-AMPTP bartering process might actually be taking hold, Counter ended Day 32 of the writers strike by offering the WGA a crushing take-it-or-leave it proposal/ultimatum, culminating with the statement “that when the WGA sends me a letter confirming that [their] six proposals (I’ll get to them in a minute) are withdrawn, the AMPTP will schedule another negotiation session with the WGA.” In effect, Counter is saying that until the Writers Guild meets six deal-breaking demands, the AMPTP refuses to negotiate further.

I won’t give you a play-by-play of Friday’s events, because Nikki Finke does a bang-up job at Deadline Hollywood Daily, but the AMPTP’s demands are basically a complete revocation of everything writers are requesting, including: payment for original online content, fair residuals for online reuse of movies and TV shows, and guild coverage for reality and animation. And while the WGA is willing to negotiate on most of these points, the AMPTP refuses to even discuss them.

As we all know, the “second act break” is the point in every movie when all is lost for the story’s hero. It’s when E.T. dies. Or Harry and Sally sleep together and things get weird. Or Ben and Alison break up in Knocked Up.

Or the AMPTP walks away from the bargaining table, chucking all their progress and leaving the WGA with nothing but a ridiculously crappy deal.

In other words: all is lost.

But all is not lost. Because this is the moment where our hero—Elliott, Harry, Ben—refuses to give up, regroups, and surges forward to win the day.

So first of all—congrats to Nick Counter (as well as Peter Chernin, Barry Meyer, Les Moonves, and the rest of the AMPTP). You may like to spit on the writers, but at least you’ve learned a bit about screenwriting.

(And don’t worry, Nick, et al—we know you don’t really like to spit on the writers, but if you don’t at least pretend to have bigger balls than the people giving you your movies and shows, you won’t be able to justify your bloated multi-million dollar salaries to shareholders keeping you in power. We understand. It’s a game. But you’re gonna lose.)

However, Nick, like all screenwriters—even Oscar nominess—you need to learn to deal with notes. So here are some thoughts on how to punch-up this little drama you’re writing…

NOTE #1: IT’S PREDICTABLE. I know you think your eleventh hour sucker-punch was a soul-crushing ambush, but it might’ve been more soul-crushing and more ambush-y if it hadn’t been predicted verbatim by everyone from Nikki Finke to John Aboud to Tom Schulman.

THE FIX: Why not discuss, revamp, and come back with a reasonable proposal? No one will see that coming, and you won’t have blown your wad by giving away what’s coming. As we all know—sloppy plotting only reflects poorly on the writer (in this case, you guys).

NOTE #2: THE VILLAIN NEEDS TO BE SMARTER. The story’s villain should always be smarter than the hero, or it never feels like the hero is fighting a formidable foe. Sure, this villain is a collective of multi-billion dollar studios with the ability to crush careers. But we’ve all spent the last eight years watching this exact same drama play out in the music industry… and the music industry lost. Big-time. So it’s hard to believe the AMPTP, with its “titans of business” like Bob Iger and Jeff Zucker, is all that smart or powerful when it insists on following in the footsteps of a business destroyed by its own hubris and short-sightedness. I mean, surely Bob Wright and Pat Weaver would never suggest using a strategy that just decimated an entire industry. But apparently, most of the guys on the AMPTP haven’t read the news since 1996. Or heard of iTunes. Or Radiohead. They’re still shopping for CD’s and wondering why they get disconnected signals whenever they call their music divisions.

THE FIX: If the AMPTP isn’t smart enough to avoid the mistakes of its predecessors, at least give us a beat where they explain how this is different from the music industry. Because right now, they look like a bunch of old white guys who think the internet’s a fad.

NOTE #3: TAKE YOUR OWN ADVICE AND LISTEN TO THE FOCUS GROUPS. For years, Hollywood network and studio heads have based pilot-pickups and movie cuts on the opinions of focus groups composed of the general public. But the general public has announced, loudly and clearly, that they’re on the side of the writers. Not only are most of Americans against the AMPTP, but the AMPTP can’t even articulate what it is they’re holding out for. In other words, Nick—the villain’s motivation is unclear and audiences are responding negatively.

THE FIX: A hundred million Elvis fans can’t be wrong… and neither are two-thirds of the country. But like George W. Bush—who, ironically, most of the studio heads have donated millions of dollars against—the AMPTP doesn’t think the public’s opinion matters. But guess what, Nick and friends?... The same people who are telling you to quit acting like schmucks are the same people who told you Viva Laughlin sucked.

In other words: quit acting like schmucks—you’re not fooling anyone.

Anyway, while Nick Counter may have concocted the best second act break of the year, he seems to have forgotten one important fact...

The second-act break ain't the end of the movie.

And neither is this.

Like all second-act breaks, this one feels shitty when you’re in the middle of it. But like Elliott, Harry, and Ben… the heroes of this story will prevail.

Even if Nick Counter gets his Oscar.

The WGA Throws Down the Gauntlet

Chad — Fri, 07 Dec 2007 20:20:20 GMT

Hot off the email press from the WGA...

Dear Fellow Members,

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

On Tuesday, after the companies had requested a four-day break so they could work on their proposals, we returned to the bargaining table. We presented a counter proposal to their streaming proposal of November 29. They presented no new proposals. On Wednesday, the AMPTP again had no new proposals, but they did have detailed questions about our streaming counter proposal and other aspects of our overall proposals – and from the give and take of those discussions, we felt that they might finally be ready to engage in serious bargaining. They told us they would have new proposals for us Thursday. On Thursday, we met at 10am, and they told us their new proposals would be ready shortly. At 5pm, they told us their proposals still weren’t ready, that they would be working on them late into the night, and that we should come back this morning at 10am. The fact that we saw everyone from the AMPTP leave the building by 6:45pm is not a promising sign, but we will be at the table at 10am this morning, ready to receive their new proposal.

We’d like to address some of the disturbing rumors and back channel communications we’ve been hearing. For one, we’ve heard that one or more of the companies are prepared to throw away the spring and fall TV season, plus features, and prolong the strike. Aside from the devastating effect this would have on the unions, workers, and their families in this industry, it would certainly explain the AMPTP’s refusal to put any new proposals, even a bad one, on the table. Also, highly placed executives have been telling some of our writers that the companies are preparing to abruptly cut off negotiations. They say the companies plan to accuse the WGA of stalling and being unwilling to negotiate, and that the companies will use that as an excuse to walk out.

The Writers Guilds of America, West and East are going on record now that any such claims are absolutely untrue. We have been at the negotiating table every day, willing to bargain. Furthermore, we hereby challenge the AMPTP to negotiate in good faith, day and night, through the Christmas and New Year’s holidays – whatever is necessary – to get this done and get the town back to work. The Writers Guilds will remain at the table every day, for as long as it takes, to make a fair deal.

Thank you for your patience, support, and solidarity through these difficult times. Please come to the Fremantle rally today. We remain all in this together.

Patric M. Verrone
President
Writers Guild of America, West

Michael Winship
President

A Reality Check for the AMPTP

Chad — Fri, 07 Dec 2007 10:01:17 GMT

For those of you not interested in battling demons with Spike and Faith (see the Buffy post below), help the Writers Guild send a message to the AMPTP when they picket this afternoon outside Fremantle, one of the world's largest suppliers of high-end reality fare. Fremantle makes millions of dollars off shows like American Idol, The Price Is Right, Family Feud, Temptation, The Next Great American Band, Farmer Wants A Wife, and America's Got Talent. All of these shows use writers... and none of the writers get health insurance, residuals, pension contributions, or proper credits.

So join the WGA for this afternoon's Reality & Game Show Rally and Informational Picket at...

WHERE: FremantleMedia North America, 4000 W. Alameda Blvd (1 block east of Pass Avenue), Burbank.
WHEN: 12:00 pm – 2:00 pm

Speakers scheduled to appear include: WGAW President Patric M. Verrone, SAG member/actress Alfre Woodard, and writers Aaron Solomon and Kai Bowe. Tenacious D. (Jack Black and Kyle Gass) will also perform live.