The AMPTP has joined the brawl over interpreting terms of the DGA deal.
A day after SAG expressed its deep misgivings about the terms of the directors' pact, the AMPTP took SAG to task Wednesday over its characterization over the appropriate compensation for paid downloads.
SAG had claimed that the DGA's doubling of the download residuals formulas -- to .7% for TV and .65% in features -- was actually an AMPTP rollback since the WGA, SAG and the DGA had filed grievances over the download rate not being at the pay TV rate of 1.2%.
But the AMPTP said SAG's all wet since none of the guilds ever pursued the grievances; instead, they opted to hold them open and address the issue at the bargaining table. "The bottom line is clear: The 1.2% figure was never a benchmark of any kind," the AMPTP said. "It was merely a demand that none of the Guilds ever seriously pursued."
Here's the entire AMPTP statement --
We believe it is important to correct a mistake that is being perpetuated regarding residual payments for permanent downloads.
In 2006, SAG, WGA and DGA claimed that the appropriate residual formula was the 1.2% residual for pay television. The AMPTP took the position that that the home video formula should apply to these releases. All three Guilds filed grievances on this issue, but the grievances were never pursued by the WGA or the other Guilds.
The bottom line is clear: The 1.2% figure was never a benchmark of any kind. It was merely a demand that none of the Guilds ever seriously pursued.
To summarize, all three Guilds filed claims in 2006 arguing that the release of television and theatrical motion pictures by electronic sell-through should generate residuals at the pay TV rate. The Companies maintained then, as they do now, that electronic sell-through is another form of home video because, among other reasons, the individual retains a permanent copy. If the Guilds believed that they had a strong case, they would have pursued their grievance claims; instead, they held them open, preferring to address the issue in negotiations. This is what the DGA has done. In bargaining its tentative
agreement, the DGA doubled the EST rate for television and secured an 80% residual increase for the EST film rate.
An 80% increase! Woo hoo!
To .7% D'oh!
Stupid DGA...
Mike Scully
Posted by: Mike Scully | January 30, 2008 at 05:24 PM
Mike, thanks for bringing Homer back to life, at least for .7 seconds. And you're right. 100%.
Posted by: Homer fan | January 30, 2008 at 06:13 PM
lets end this strike i cant take anmore of these stuiped reatily shows.
Posted by: Chris | January 30, 2008 at 06:22 PM
Why are you watching stupid reality shows? Do something else with your life. Something important like posting on blogs about getting a life...
Posted by: ed | January 30, 2008 at 08:13 PM
Writers will never recoup what they have lost by this strike. Not in 10 years or in 20. Fees will be reduced, less pilots and overall deals. This strike will ruin the business and you can thank your leadership for that. Think about it.
Posted by: justasking | January 30, 2008 at 08:57 PM
hey justasking,
are you getting paid a flat rate or per post?
Posted by: BTL Single Guy | January 30, 2008 at 09:24 PM
We ourselves may never recoup what we've lost, but our aim is to insure a future for our guild. Writers in the past, who gave up THEIR residuals so that future guild members (like me) could have health insurance and benefits, never recouped those losses. They made that sacrifice for the future of the guild. Most of us feel obligated to do the same for the writers who come after us.
Posted by: Kitty | January 30, 2008 at 10:41 PM
We ourselves may never recoup what we've lost, but our aim is to insure a future for our guild. Writers in the past, who gave up THEIR residuals so that future guild members (like me) could have health insurance and benefits, never recouped those losses. They made that sacrifice for the future of the guild. Most of us feel obligated to do the same for the writers who come after us.
Posted by: Kitty | January 30, 2008 at 10:41 PM
HEY, AlAN ROSENBERG, et al. KEEP YOUR VOICES IN CHECK. THE AMPTP JUST CALLED YOUR BLUFF AND PUT ALL sag MEMBERS ON THE SAME ASSININE LEVEL THAT YOU ARE ON. SAG ISN'T EVEN INVOLVED IN THESE NEGOTIATIONS AND YET YOU OPEN YOR COLLECTIVE MOUTH"S AND KEEP STICKING YOUR FEET INTO THEM. MAKING SAG LOOK LIKE ASSHOLES FOR NOT FESSING UP TO NOT FOLLOWING THROUGH THEIR OWN INITIAL GREIVANCE. JUST ANSWER THE QUESTION. WHY DIDN'T SAG FOLLOW UP? WHY IS IT AN ISSUE NOW, AND NOT BEFORE JAN.31st?
p.s. mike scully and your ditto"s' Now we take off the table exactly what the AMPTP asked us to do before DEC. 7th? Wholly shit, riddle me this Batman, could we have been working up till the new year? Sounds like we did the same thing before the they pulled out of Nov. 7th
Posted by: FED UP | January 31, 2008 at 10:43 AM
Typical AMPTP doublespeak. Didn't pursue the grievance? What a load of crap. The Guilds didn't "hold it open" -- the AMPTP members dragged their feet and stalled until finally the contract was up and the writers went on strike.
And what I hope the AMPTP wises up to really fast is that A BIG REASON WE'RE ON STRIKE IS WE HATE THAT FRACKING DVD FORMULA FOR DOWNLOADS. The idiotic DGA agreed to the DVD formula for the first 100,000 units and then woo-hoo, double that for subsequent downloads.
Writers haven't been out for three months to take what was basically offered pre-strike. Writers will never, ever accept that formula. The only reason the DGA took it was their leadership doesn't give a damn about mid-level TV and film directors.
Posted by: Ashley Gable | January 31, 2008 at 12:58 PM