WGA yellin' at Ellen. Now she's yellin' back...

The WGA East and Ellen DeGeneres appear to be dancing to a different beat.

Earlier this week, numerous media reports said DeGeneres boycotted her Monday show in support of scribes. As Scribe Vibe's Michael Schneider reported Tuesday, Telepictures denied that Ellen had done any such thing. Studio claimed her absence was due to a pre-planned hiatus.

In any case, DeGeneres has been back at work, and that pissed off the WGA East. It issued a statement earlier today blasting the dance-happy host. Best line:

We find it sad that Ellen spent an entire week crying and fighting for a dog that she gave away, yet she couldn't even stand by writers for more than one day - writers who have helped make her extremely successful.

Now, Warner Bros.-owned Telepictures is biting back. It's issued a retort. No zingers, but the studio's defense basically boils down to, "Hey, we're not the only gabbers who've kept gabbing!" To wit:

Ellen is a daytime talk show carried on a syndicated basis across individual television stations, no different than, and in direct competition with, Oprah, Rachael Ray, (Dr.) Phil, Live with Regis and Kelly,  Martha, Tyra, Jerry, Maury, and Montel, all of which are in first run daytime syndication and are continuing in production.

The WGA's statement and Telepictures' retort are after the jump.

(UPDATE: As is a letter in PDF format from AFTRA, supporting Telepictures' position. Apologies for not typing it in, but it's been a long week.)

--Josef Adalian

From the WGA East:

Ellen DeGeneres went back on the air this week after honoring only one day of the writers strike. In anticipation of her plans to tape shows in New York City on November 19th and 20th, the Writers Guild of America, East is extremely disappointed to see that Ellen has chosen not to stand with writers during the strike. Ellen's peers who host comedy/variety shows have chosen to support the writers and help them get a fair contract, Ellen has not. On her first show back, Ellen said she loves and supports her writers, but her actions prove otherwise.

Ellen has also been performing comedy on her show. Even if Ellen is writing those segments herself, since those segments would normally be written by the writers on strike, she's performing "struck work". Ellen is violating the strike rules that were clearly explained to all of the comedy/variety shows.

We certainly intend to let Ellen know our dissatisfaction in person if she decides to proceed with the shows she has scheduled in New York on November 19th and 20th. We will also make our voices heard the preceding week if she tries to pre-tape comedy segments on location.

We find it sad that Ellen spent an entire week crying and fighting for a dog that she gave away, yet she couldn't even stand by writers for more than one day - writers who have helped make her extremely successful.

Every show and film set has a production staff and crew that is beloved by their writers. Ellen's staff is no more important than the rest of the industry. When shows refuse to stand with us they create huge revenue streams for the companies and that prolongs the strike for the thousands of staff and crew members who are noble enough to honor our picket lines. We find this situation hurtful to those people and extremely unfortunate.

The writers did not cause this strike. The companies' greed caused this strike and it could end tomorrow if they were finally willing to negotiate a fair deal. We ask Ellen to cease doing shows immediately. She should stand by all writers and help us bring this strike to a quick conclusion. We owe that to the thousands of people who are caught in the middle.

If you agree that Ellen should stand with the writers on strike, please contact her and tell her so at: http://ellen.warnerbros.com/show/dearellen/. Or, contact the show's production office at (818) 260-5600.

From Telepictures:

Ellen has not done anything in violation of the Writer's Guild of America agreement, or the WGA's internal 'Strike Rules.'

Telepictures Productions, through its distributor Warner Bros. Domestic Television Distribution, has contractual obligations to continue to deliver original programming to the 220 stations that carry the program.
We have asked Ellen to come back to work to fulfill her contractual Obligation, as host of the show, because without original programs the stations can move the show out of its time periods or ultimately hold the company in breach of contract.  The company, in turn, expects Ellen not to breach her contract to host the show.  We also wish to preserve the 135 jobs of the staff and the crew whose livelihoods depend on the show continuing.  We regret the Writer's Guild has chosen to strike and we wish for a quick resolution.

It is unfair and incorrect to compare The Ellen DeGeneres Show to late night shows such as Leno, Letterman and Conan, all of which are late night network owned and controlled programming.  Ellen is a daytime talk show carried on a syndicated basis across individual television stations, no different than, and in direct competition with, Oprah, Rachael Ray, Phil, Live with Regis and Kelly,  Martha, Tyra, Jerry, Maury and Montel, all of which are in first run daytime syndication and are continuing in production.

From AFTRA:

Download ellenletter.pdf

Comments

[ScreenPlay]

Ellen explained she was doing her show after a day of support because of all the audience members who travel across country with reservations in regard to airlines, hotels, vacations etc. Ellen has always cared for her audience. She can write her own material as well, where many cannot and comes down to the truth of it all..there are few good shows with good writing these days!! The writing per networks has gone downhill for a long time. Only a few shows will survive each year for any type of long run at all..that does not say much for the production, direction and writing of said failed shows which the people are just turning off. Movie scripts fall into this failure to deliver problem as well. English writers and other International writers/scripts seem to be taking home the awards. Points one should ponder!

I support Ellen in her consideration of her viewers, clients and all the people other than said writers who put together a show. Their lives/income to the family etc are effected as well and will never see an increase in salary for all that they do. Writers have been the downfall of most shows. The delivery by the actors also makes the writing work. Reba is one example or even Ugly Betty..writers cannot take sole responsibility for the success of their craft. Get over yourselves!!! Hollywood award shows have lost audiences for many years now because of the poor scripts with actors more caught up in political meanderings then what they are hired to do. People are sick of Hollywood as a whole, so be glad you even have a job or anyone is even watching these days. Go help another less fortunate than yourselves and understand the value of giving as Ellen has. It is her personality that makes her show and she has the respect of her viewers for the consideration of their feelings and financial output that makes her show popular with her fans. Now you have a Rosie reappearance, who has cared only for herself and a few around her and not the staff/writers/etc who puts out political garbage these days..but then it is all about the ratings. Sadly is a lunatic out there that enjoys sick, twisted, moronic, garbage like she puts out. This is why most in this country could care less over the success or failure of just about any project on the failing networks, especially the dinosaur networks these days. Because of the latter aforementioned ex-comedian of which I speak. Get over your importance.

My opinion

[Susie McGreger]

Ellen DeGeneres is doing what all variety talk shows like Leno, etc., who are writers themselves ought to be doing. The ol' adage in the business ahs always been... "The Show Must Go On!" This is the professional thing to do, as Ellen being a talk show host, and all others similar to her should... follow in her footsteps and do this themsleves, especially if they have the talent and knowhow to. The writers don't seem to care about anybody but themselves and money which they have no idea what the amount might even be at this premature time in DVD downloading history.
Afterall, the writers are on strike, not the talent before the public eye. I am ashamed of the actors protesting with the writers guild and making all others in the industry and their fans suffer. They are betraying the very people who got them their names and positions, to begin with.

[Charlee]

Susie McGreger --

The writers are on strike right now. However, if the writers had not gone on strike, the actors would go on strike in June '08 when their contracts expire. If the writers had rolled over and signed new contracts with the studios, it would be up to the actors and then the directors guild's to strike. This is a trickle down effect. It's like a court precedent -- the writers' strike effects the rest of the industry. So it is right for the actors to stand up with their writers because it could have been the other way around and the actors would be on the chopping block right now. Do some research before just jumping to conclusions and blaming the writers for the downfall of society.

It's just too bad that Ellen doesn't feel she can stand with her writers for more than a day. But it's also understandable that she has signed a contract and doesn't feel that she can break it. The entire industry is hurting right now and the only people to blame are the money-hungry media conglomerates. It shows a great respect for the writers that their actors are standing by their sides. Good for them.

[Susie McGreger]

Charlee --

Ellen is the only smart cookie right now it seems and I'm very proud of her, she is a true professional, a wonderful writer, actor and comedienne. She has a responsibility to fulfill and she's doing it. I'm not fond of cowards, this is a business of taking risks, one must take many risks to make it in the biz and only the strong will survive.

We ought to be boycotting the unions, they actually hinder members from working, rather then help. A person must make a large quota in salary to receive any benefits.

When and if the actors strike, well they can all be replaced too, they lke many writers are a dime a dozen.

[G]

Personally, I find it appaling that the writers guild could even suggest that the rest of the crew come out and support them. While I understand what they are trying to do, I make a pittance in comparision to what they make. Residuals? As if! When the writers start fighting to help the rest of the non-union crew get raises, then I'd consider going to bat for them. Until then, I'll continue as long as I possibly can to scrape out a living while the writers can picket comfortably with their reisidual income still rolling in. How dare you ask us to support you in your selfish quest to take even more of the money out of our already dwindling budgets. The only thing that will come of them getting more money is the rest of us who can really use it getting less!

[Mary]

What troubles me is the fact that those who are making comments like those above either haven't taken the time to educate themselves on the reasons the WGA went on strike, the very small amount they are asking for and why, or they simply don't care.

They aren't asking for a raise in salary, they are asking to be paid, 8 cents per download of an episode. At present they get nothing for programs that are sold online. They get 2.5 cents per dvd that is sold. That number reflects the 80% cut they took back in the '80s the industry asked them to make just to help get the videotape distribution off the ground. They were told they would be compensated for all they gave up.. yet they haven't. Profits have risen, but their compensation hasn't.

These professionals do not work year round. Roughly 50% of these writers are unemployed for a good portion of the year. The small amount they are asking for would help put food on their tables, pay for health insurance, help them to pay their mortgages. These aren't wealthy people, the vast majority of them are middle class.

Honestly, if you were concerned by the greedy corporate interests who imported toxic pet food, poisonous and contaminated food, medicines, vitamins, toothpaste, lead contaminated children's toys, how can you fail to understand that the same mindset is at play in the refusal to address these writers legitimate request?

I'm not a WGA member, nor do I work in the entertainment industry. I'm an average American working woman. My dad was a union laborer, my late husband was an AFSCME member, so I understand the importance of unions to workers. I also understand how increasingly hard it is to get by in this lousy economy.. it's because of this that I recognize the fact that these writers aren't our enemies, we're all workers in this together.

[Lauren]

Excuse me...one simple question here. Why should anybody get residuals? What other industry does this? If a producer, director, actor and writer receive residuals, well, what about the crew? Don't tell me they are less talented or don't work as hard. Should a writer be paid residuals everytime somebody checks out his or her book from a library? Should an airline crew get a residual payment for flying back and forth? What about the factory worker who builds a car...should the worker get a residual each time the car is driven? Please!!! Enough.

[Lynnbo]

Lauren:

A residual is NOT a bonus-it is a deferred payment agreed upon at the onset of the project. Writers submit their work without knowing if it is going to be a mega hit or a flop. Companies accept the scripts on the same basis. It is a crap shoot for both sides. If the show/movie flops, the writers get what they were paid up front, more often than not far below what you would expect a professional to be paid. Residuals are the "let's make a deal" of the business. If the show/movie is a hit, then the writers are compensated for their part in the process.

If the "new media" is making a profit for big business, then why shouldn't the very people who created the product be compensated? Do you think the corporations would rather pay the writers up front a fair wage and take a chance on paying for flops? I'm looking out the window and don't see any pigs flying.....The "new media" is here to stay and the people who create it should be paid.

[Peter]

Hi Lauren. I'm one of these evil, greedy, overpaid writers, trying to con the poor moguls out of a few more cents and trying to wreck the lives of everyone else in the busines. So please educate me on your plans for a radical revamp of the whole concept of royalties. What's that, Lauren? I presume you have one? Come on - what are your proposals for depriving songwriters, musicians, artists and authors of the cash they currently receive for publishing and reuse of their work? That is what you want, yes? Mick Jagger must be quaking in his boots - Lauren's coming to take back his song royalties!

And as for your 'car worker' analogy, we're not the car worker. We invent the car! Damn right we deserve a royalty. The worker can have one too - the day he comes up with a better car than mine.

[JK]

Joe, you're an arrogant ass. You're EXACTLY the reason why the writers are coming across as the bad guys in this little drama. For goodness sake; you guys and gals are up against huge conglomerates - you are the Davids in this strike - you should have the public firmly on your side. Instead, the grumbling on the street is that a bunch of arrogant jerks are damanding more and more. You are the kind of person that feeds that idea.

And people who 'invent the car' DON'T get royalties. They get paid a set fee and if their car is a success, the next time their contract comes up, they get more money. If you managed to take a look down from your ivory tower to see the little people, you might know that.