Hollywood writers strike

[Ananas]

Leno and O'Brien were in an insanely tough position, and I think they did well to hold out for two months. But to say they're returning "with WGA support" I think is a bit overbroad. The WGA leadership have not made any statements to condemn their return; in fact they've released statements deriding the AMPTP for forcing them back without writers. But while the leadership may be okay with it, it seems that from early reaction the "s" word is being thrown around a lot. Many writers feel that as WGA members Leno and O'Brien should not have returned to work without at least a waiver. But hey, there's nothing to kick the AMPTP in the teeth like a couple of writers pissed off that the moguls are the reason they don't have their writing staff. Let's hope having a full staff doesn't blunt Dave's rage, because I think he could be a game changer.

In other news, the Academy Awards and Golden Globes will not get special waivers like was previously though. Winners who refuse to cross the picket will be given the opportunity to make brief speeches from the picket lines, with their comments shown on the internet. With SAG 100% behind the WGA, those are going to be a couple of empty auditoriums.

[apsham]

http://www.amptp.org/

I heard about the counters on the radio earlier this week, aha... amazing.

[Ananas]

If you think that's funny, you should see the one that ISN'T real.

[apsham]

Ohhh, that's right... I remember them saying something about this too...

"Six out of 10 non-Judd Apatow movies never recoup their original investment"

Heh.

[apsham]

http://www.comedycentric.com/2007/12/20/st...rn-on-january-7

Strike Update: Jon Stewart and Stephen Colbert Return on January 7

by Chandra on December 20th, 2007

Jon Stewart

Talk about an early Christmas present. Late-night comedy fans have a whole lot to get excited about these days now that Comedy Central talking heads Jon Stewart and Stephen Colbert will join their brethren on broadcast television for an early-January return to the airwaves.

That’s right, you heard/read me correctly. Broadcasting & Cable reports that both The Daily Show with Jon Stewart and The Colbert Report will begin airing fresh installments on Monday, January 7, just five days after the scheduled January 2 resumption of ABC’s Jimmy Kimmel Live and NBC’s Late Night with Conan O’Brien and The Tonight Show with Jay Leno. All five of the shows will still be at a decided disadvantage in the laughs department, however, since none will have writers onboard to help concoct the funny stuff. Enter masterful David Letterman.

In the near future, look for news that CBS’ Late Show with David Letterman and The Late Late Show with Craig Ferguson will be coming back too, as soon as/if Letterman’s production company Worldwide Pants, which owns both shows, cuts a deal with the striking Writers Guild of America. The upshot for fans of those two shows is that if the arrangement Worldwide Pants wants is agreed upon, the CBS chatters would have their writers to create fresh material for viewers, an obvious advantage for the Eye Network.

[Ananas]

All of these shows will suck without writers, especially TDS and TCR. The strike rules basically outline that doing any writing beforehand that a struck writer would normally due is a violation, so there won't be monologues, comedy bits etc. How is Colbert's show, which is basically a 30 minute comedy bit, going to work? He's going to have to conduct interviews in earnest then? Consider me more interested in new Letterman/Ferguson if they have their writers.

[MalaCloudy Black]

I feel that this is relevant.

[Ananas]

Oh... so THAT's why he hasn't shown up to any of the pickets.

[MalaCloudy Black]

An old topic, it is being bumped. This just came up on digg about a day ago:

http://www.marketwatch.com/news/story/jay-...p;dist=hplatest

Leno, a member of the guild, met Thursday with WGA West President Patric Verrone to discuss his decision to pen his opening segment. NBC's "The Tonight Show" had resumed the taping of new shows Wednesday.

During the meeting, Leno was told that "writing for 'The Tonight Show' constitutes a violation of the [WGA] strike rules,' the WGA said in a statement.

NBC's "Late Night With Conan O'Brien" and ABC's "Jimmy Kimmel Live" also returned this week without their writers, but the hosts of those shows -- also WGA members -- have not openly defied the union's restrictions about writing during the strike.

"[Leno] was pretty flagrant in saying he wrote his monologue," said Sherry Goldman, a spokeswoman for WGA East. "The other hosts ... found a way around it."

[Ananas]

What that article doesn't mention (as it was published prior to Leno's Thursday show) is that after the WGA informed him that writing for his monologue violates the strike rules, he went out and did it again on Thursday. Leno is trying to have his cake and eat it too. He goes on about how he supported the strike from day one and shows up on his Harley with donuts just as the media is around, then he can't be bothered to follow the strike rules? What is the point of a strike if working guild hyphenates like Leno do the job of their striking writing staff? It's obvious that Leno resents that Letterman got his show a deal and that no such thing will come to him, but if he wants to change that he should be lobbying his bosses at NBC Universal to come back to the negotiating table.

Also, the Golden Globes are pretty much fucked at this point. Earlier in the week SAG president Alan Rosenberg said there was unanimous consent among his member nominees and presenters to honour the picket lines. Dick Clark Productions tried to guilt the WGA into giving it a pass and the guild said it would - if the show wasn't broadcast. While DCP was considering this NBC basically stepped in to try to legally bully the Globes into doing a televised broadcast, as it is entitled to broadcast the show should it happen in any form. So the options for a January 13th GG ceremony at this point are a disastrous and starless show that's even more irrelevant than usual or a non-broadcasted form that would still be irrelevant but at least it wouldn't take up TV time.

The cool thing that came out towards the weekend was that Tom Cruise's "United Artists" had reached a deal with the Writers Guild. This makes the company the first movie studio to break ranks with the AMPTP and negotiate a contract with the Guild. For UA, it gives them an exclusive window for all of the floating scripts which can't be sold to the big six until the dispute is resolved. For the WGA, it brings an air of credibility to their offer to negotiate independently and perhaps gives other studio heads the ability to follow suit since they wouldn't be the first anymore. I got to admit, this is a solid move by Tom Cruise which has gained him a lot of respect in my eyes.

By the way, all of these stories are covered in greater depth at Deadline Hollywood Daily, which has been since the start and continues to be the most balanced, courageous and timely coverage of the ongoing strike. If you read something on Variety, you really ought to check this site out to make sure they aren't lying through their teeth.

[zero]

I don't get how Letterman gets off the hook though. Yeah, he personally scored a new deal with his writers, but isn't there a bigger picture in this whole strike? Forgive my ignorance if there's something I'm missing, but all these special deals that certain companies are working out is great for them, but it doesn't seem to help the whole issue.

[thuganomic]

I don't get how Letterman gets off the hook though. Yeah, he personally scored a new deal with his writers, but isn't there a bigger picture in this whole strike? Forgive my ignorance if there's something I'm missing, but all these special deals that certain companies are working out is great for them, but it doesn't seem to help the whole issue.

[zero]

In theory, that makes sense, but I think it just gives the execs more breathing room. They get their late night line-ups back, which keeps them on top of current events and they still have some shows with episodes in the can, plus plenty of reality filler.

But I get what you're saying, thanks thuggy.

[Ananas]

The Worldwide Pants deal is a grey area for the specific reason you mentioned, and there has been a great deal of discussion of whether a separate deal that ultimately results in the Big Six getting any of their programs back. And they've come down on the other side of that argument too; a request for a waiver from Dick Clark Productions (which produces the Golden Globes) that would have amounted to basically the same deal as the one WWP got was turned down by the Guild, the reason being the amount of ad revenue NBC would have made off of it. I suppose the argument is based in the fact that Letterman's audience is only 3 or 4 million. They probably figure that having a writer friendly Letterman back and staffed as well as the PR boost from having a production company accept the Guild proposals is worth more than a few ad dollars, especially since the ratings didn't really drop that dramatically when they were rerunning.

The Globes are dead. Instead, NBC will air a 3 hour block including an interview special, the press conference where the winners will be announced and an Access Hollywood-like special covering all the Globes parties. Something tells me another American Gladiators episode would probably be a stronger draw.

The UA deal was confirmed today. Deals with The Weinstein Comany, Lion's Gate and Lucas Film are rumoured. The reason these begin to work is that they give the independents the opportunity to get the drop on big six companies with regards to script sales and eventually (if a total shutdown happens) film development. If these deals keep adding up, it could prove too tempting to pass for one of the Big Six, and when that happens the strike will essentially be over.

Lastly, the DGA began talks with the AMPTP over the weekend. While some are suggesting that progress is quickly being made, it's also worth nothing that the AMPTP are reported to be surprised by some of the DGA's points so far. Apparently the Directors realise that they have to make a deal for the entire community and are taking this responsibility to heart. If they're smart, they'll realise they have all the power since they're supposed to be the "moderate" ones and if the moguls don't make a deal with them, good luck negotiating with anyone else.

All these points essentially available at Deadline Hollywood Daily, any mogul's worst nightmare.

[Guest Ant]

LOS ANGELES - Striking Hollywood writers won two battles on Monday by making a deal to work for Tom Cruise's film company and wreaking havoc on the Golden Globe Awards, but their labor war against film and TV studios is far from over.

Some experts believe the writers' strategy of making deals with independent producers like Cruise's United Artists will not only fail to divide and conquer Hollywood's big media companies, but serve to strengthen the industry's resolve.

Indeed, immediately after United Artists -- run by Cruise and Chief Executive Paula Wagner -- announced their deal to let striking Writers Guild of America (WGA) members work on films during the strike, UA's parent, Metro-Goldwyn-Mayer Inc., issued a statement saying it disagreed with UA's decision.

Source: Reuters

[Ananas]

Gotta love how Big Media sticks together. That sounded like a AMPTP press release. What they didn't mention is that medium sized studios like The Weinstein Company, Lions Gate and and Lucas Film are pursuing similar agreements. Let's see how united the big six are when Harvey Weinstein gets the drop on that hot screenplay they'd all been looking to nab. Or when corporate loyalties change as all the big name talent sees these independent studios as the ones who kept them employed while the AMPTP was sitting at home with their ball. Or how about stock holders seeing their companies doing nothing while everyone else carves out deals to get their productions back? But hey, I'm sure those mere possibilities pale in comparison to the great house parties Peter Chernin throws while he rolls over his reality-weak TV competition.

[Ananas]

The DGA and AMPTP have made their deal:

DGA and AMPTP Reach Tentative Agreement on Terms of New Contract (January 17, 2008)

DGA Gains Solid Wage Increases with No Rollbacks

Plus Precedent-Setting Jurisdiction Over New-Media

and a Doubling of EST Residuals Rate

LOS ANGELES -

The Directors Guild of America (DGA) announced today that it has concluded a tentative agreement on the terms of a new 3-year collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP).

Highlights of the new agreement include:

* Increases both wages and residual bases for each year of the contract.

* Establishes DGA jurisdiction over programs produced for distribution on the Internet.

* Establishes new residuals formula for paid Internet downloads (electronic sell-through) that essentially doubles the rate currently paid by employers.

* Establishes residual rates for ad-supported streaming and use of clips on the Internet.

“Two words describe this agreement - groundbreaking and substantial,” said Gil Cates, chair of the DGA's Negotiations Committee, in announcing the terms of the new agreement. “The gains in this contract for directors and their teams are extraordinary – and there are no rollbacks of any kind.”

Formal negotiations between the DGA’s 50-member Negotiations Committee and the AMPTP began Saturday, January 12, and were concluded today. Talks were led by Cates and DGA National Executive Director Jay D. Roth. They were preceded by months of informal discussions and nearly two years of preparation and research by Guild staff and consultants.

“This was a very difficult negotiation that required real give and take on both sides,” said DGA president Michael Apted. “Nonetheless, we managed to produce an agreement that enshrines the two fundamental principles we regard as absolutely crucial to any employment and compensation agreement in this digital age: First, jurisdiction is essential. Without secure jurisdiction over new-media production—both derivative and original—compensation formulas are meaningless. Second, the Internet is not free. We must receive fair compensation for the use and reuse of our work on the Internet, whether it was originally created for other media platforms or expressly for online distribution.”

The agreement includes the following gains in New Media:

* ·Jurisdiction: The new agreement ensures that programming produced for the Internet (both original and derivative) will be directed by DGA members and their teams. The only exceptions are low-budget original shows on which production costs are less than $15,000 per minute, $300,000 per program, or $500,000 per series—whichever is lowest.

* Electronic Sell-Through: EST is the paid download of features and TV programming. The agreement more than doubles the EST residual for television and increases the feature film residual by 80% over the rate currently paid by the employers.

Specifically, the EST residual rates will be .70% for television downloads and .65% for film downloads, above a certain number of units downloaded. Below that, residuals will be based on formula employers currently pay.

Payments for EST will be based on distributor’s gross, which is the amount received by the entity responsible for distributing the film or television program on the Internet. Having distributor’s gross as the residuals basis was a key point in our negotiations.

The companies are now contractually obligated to give us unfettered access to their deals and data. This access is new and unprecedented and creates a transparency that has never existed before. Additionally, if the exhibitor or retailer is part of the producer’s corporate family, we have improved provisions for challenging any suspect transactions.

* Ad-Supported Streaming: After an initial 17-day window for free promotional streaming of Internet programs, companies must pay 3% of the residual base (approximately $600 for network prime time 1-hour drama) for 26 weeks of streaming. They can continue to stream for an additional 26-week period by paying an additional 3% -- or a total of $1,200 for one year’s worth of streaming. (During a program's first season, the 17-day window is expanded to 24 days to help build audience.)

* Sunset Provision: Allows both sides to revisit new media when agreement expires.

“Our fundamental goal in these negotiations was to protect our interests in the present while laying the groundwork for a future whose outlines are not yet clear,” said Cates. “We knew that gaining jurisdiction over new-media production and winning fair compensation for the reuse of our work on the Internet were the key issues for setting a framework for the future, but we also had to secure real gains for our members in today’s world.”

The new tentative agreement includes the following:

* Annual wage increases of 3% for primetime dramatic shows and daytime serials and 3.5% for all other covered programming.

* Outsized increase in director’s compensation on high-budget basic cable for series in the second and subsequent seasons.

* Annual residual increases of 3% for primetime shows and 3.5% for all other covered programming.

* Specific advances that pertain to members of the director’s team.

PLEASE SEE FACT SHEET BELOW FOR MORE DETAILS

Details of the new agreement will be submitted to the Guild's National Board for approval at its regularly scheduled meeting on Saturday, January 26, 2008. The DGA’s current contracts expire on June 30, 2008. .

FACT SHEET

DGA Tentative Agreement

January 17, 2008

Basic Agreement

Wage Increases

* Compensation for all categories except directors of network prime time dramatic programs and daytime serials increases by 3.5%, each year of the contract.

* Compensation for directors of network prime time dramatic programs and daytime serials increases by 3%, each year of the contract.

* Outsized increase in director’s compensation on high budget basic cable dramatic programs for series in the second and subsequent seasons:

*

o For ½ hour programs: 12% increase in daily rate and increase in guaranteed number of days to 7 days.

*

o

+ Results in show rate increasing from $9,009 to $11,760.

*

o For 1-hour programs: 12% increase in daily rate and increase in guaranteed number of days to 14 days.

*

o

+ Results in show rate increasing from $18,010 to $23,520.

Residual Increases

* Residual bases increase by 3.5%, each year of the contract, except for reruns in network prime time.

* Residuals for reruns in network prime time increase by 3%, each year of the contract.

Healthcare

* Employers continue to make health care contributions at specially negotiated rate of 8.5%, secured in the 2005 Basic Agreement to address the impact of the growing cost of health care on the DGA Plan. Provisions permitting decrease in contribution rate by employers removed.

Other Provisions

* Second Assistant Directors to manage locations in New York and Chicago.

* Establishes a wrap supervision allowance of $50/day for the Second Assistant Director who supervises wrap on local and distant locations.

* Increases incidental fees and dinner allowances for Unit Production Managers and Assistant Directors.

New Media

Jurisdiction over:

* All new media content that is derivative of product already covered under current contracts.

* Original content:

*

o All original content above $15,000/minute or $300,000/program or $500,000/series, whichever is lowest.

*

o Original content below the threshold will be covered when a DGA member is employed in the production.

Electronic Sell-Through (Paid Downloads)

* More than doubles the rate currently paid by the employers on television programming to .70% above 100,000 units downloaded.

*

o Below 100,000 breakpoint: rate will be paid at the current rates of .30% until worldwide gross receipts reach $1 million and .36% thereafter.

* Increases rate paid on feature films by 80% to .65% above 50,000 units downloaded

*

o Below 50,000 breakpoint: rate will be paid at the current rates of .30% until worldwide gross receipts reach $1 million and .36% thereafter.

Distributor’s Gross

* Payments for EST will be based on distributor’s gross instead of producer’s gross, a key point in our negotiations. Distributor’s gross is the amount received by the entity responsible for distributing the film or television program on the Internet. We would not have entered the agreement on any other basis.

* Companies will be contractually obligated to give us access to their deals and data, enabling us to monitor this provision and prepare for our next negotiation. This access is new and unprecedented.

* If the exhibitor or retailer is part of the producer’s corporate family, we have improved provisions for challenging any suspect transactions.

Ad-Supported Streaming:

* 17-day window (24-day window for series in their first season).

* Pays 3% of the residual base, approximately $600 (for network prime time 1-hour dramas), for each 26-week period following 17-day window, within first year after initial broadcast.

* Pays 2% of distributor’s gross for streaming that occurs more than one year after initial broadcast.

Clips

* Provides the companies with limited windows where they can distribute clips of feature films and television programs in new media to promote a program. Provides for payment for all other uses in New Media.

Sunset Provision

* Allows both sides to revisit new media when the agreement expires.

[Guest Ringmaster]

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[King Ellis]

I AM BEATNIK RAH RAH RAH RAH RAH.

It's:

I AM BEATNIK RAH RAH RAH RAH RAH FEET. RAH RAH RAH RAH RAH ATONEMENT IS THE BEST THING SINCE BREAD CAME SLICED.

[Guest Ringmaster]

I think I know what Beatnik thinks better than you :ohwell2: