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January 23, 2008

From the front line: 'Ways to skin that cat'

The usual WGA strike picketing resumed Wednesday morning at major Los Angeles lots, in the wake of the WGA's moves this week toward resuming formal negotiations with the majors including dropping two key proposals.

As has been their past practice, negotiating committee members met with picketers on the lines to explain the latest developments. During a mid-day meeting on the sidewalk outside Paramount's Windsor gate, panel member Steven Schwartz stressed that one of the key goals for WGA leaders is to build long-term protections into the new deal.

"What I want to do is protect us regardless of consumer behavior," he said, in answering a question about how writers should be paid when their TV shows are streamed on the Internet. "The staff is trying all kinds of ways to skin that cat."

Schwartz admitted the terms in the DGA deal for ad-supported Internet streaming -- about $1,200 for a primetime drama for the first year and a 17-day of free use for promotional purposes -- don't sound impressive but he also cautioned the members against reaching the conclusion that Internet residuals will automatically replace conventional TV residuals, which usually amount to about $20,000, since it's unclear whether all TV will shift to the Internet.

"If you are insisting on replacing the $20,000 residual with the Internet residual, you're going to be on strike for a long time," he added.
  .
Schwartz told a group of about 20 picketers that other key issues to be sorted out include language on separated rights, which covers compensation for scripts when used in areas such as plays, and the DGA's gain of jurisdiction on made-for-the-Internet.

Schwartz, whose credits include "Critical Care" and "The Practice," noted at one point that the negotiating committee has not yet seen the actual DGA deal. He credited the DGA deal with locking in the definition of "distributor's gross" as the basis for payment of residuals in electronic sell-through.   

"Distributor's gross is huge," he added.

-- Dave McNary

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Comments

Although a residual that's worth $20k is not yet worth that much online, it may someday be worth that or even more. So, a percentage of distributor's gross for streaming WITH NO CAP is the only way to protect both sides.

Just as the studios would let the strike go on before they agreed to a $20k Internet residual, the writers must, in turn refuse to vote for any agreement with a cap. If we don't, the strike will have been for nothing and there will be another one in three years.

Klaatu: no cap on Internet residuals would be a good thing. If you get it in this contract, however, it is still no guarantee that a strike won't be needed in three years' time on that or other issues.

The best and only real way to avoid a strike in three years' time is to spend the next three years calmly preparing for a strike: building alliances to the other Guilds (besides SAG) and unions (repairing the rift with IATSE would be a great start); investing in a strike assistance fund and encouraging other unions to do the same, so that all can weather a job action by any one; educating the rank and file on the value of solidarity and why TV and feature writers should fight for each other, not against each other; and expending the time, effort and treasure necessary to organize reality and animation writers through the traditional means.

If, in two years' time, the WGA can go into the next negotiations with some or all of these accomplishments in plain view of the AMPTP, the producers will have a lot more incentive to come to a fair deal more quickly.

Of course, since I'm not actually in the business, I might not understand that there already is a strike assistance fund; that the infighting between TV and film writers is greatly exaggerated on these boards, and in the real world (i.e. on the lines and at the membership meetings) there is generally an impressive solidarity among all writers; the "traditional" means to organize animation and reality have been met with even greater resistance and underhandedness from the producers than seen during the strike; and that my continued ignorant though semi-erudite posting not only undermines any future I may have as a writer in the business, but also the cause of the WGA in general. The problem is, well, I have nothing else to do with my time.

This strike is over I've been called back to work at warners to start servicing the vehicles,I'm happy to have my job back and I wish everyone well and a speedy return there job also

But apparently I have a fan club. (That's a much nicer metaphor than "stalker"....)

I'm a little buzzed,I celebrated getting my job back,we should all plan a celebration when it is over to bury the hatchet how about the smoke house?SOUND GOOD!!!

Klaatu: with regard to preparation for future contract negotiations, this appeared elsewhere on Variety today.

[SAG Prexy] Rosenberg also declares he's not in the least flummoxed at the prospect of sitting down with moguls -- citing the performance of SAG national exec director Doug Allen, who's been in the top post for a year after two decades as a leading exec at the NFL Players Assn. Allen is asked repeatedly if SAG is going on strike.

"Having the capacity and will to strike when companies are intransigent is something a union has to have; otherwise, you're engaged in collective begging," Allen responds. "Given what's going on, we'd be shortsighted not to be prepared."

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