Two more interim deals, these with Intermedia and the Film Dept.

The WGA has inked two more interim deals, signing with the Film Dept. and Intermedia.

The pacts are the 15th and 16th such agreements announced in the past month. The Thursday announcement comes a day after the guild announced a deal with Overture Films and less than a week after similar agreements were signed with Lionsgate, Marvel and RKO.

The interim deals let the companies hire writers under the terms and conditions offered by the WGA before formal negotiations with the AMPTP collapsed last month. For the WGA, the deals are a way to gain leverage in persuading the congloms to resume formal talks.

The  announcement comes with a news blackout on the informal talks between WGA leaders and moguls. Those talks -- aimed at laying the groundwork for official bargaining to resume -- began nine days ago.

The AMPTP's standard statement about the WGA's interim deals has been this: "These one-off agreements are meaningless because the companies signing them know they will not have to abide by their terms for very long, since they'll be superceded by whatever final industry-wide accords are reached. If companies truly had to live by the terms of these one-off agreements, we are confident none would ever be signed."

“Companies like Intermedia and The Film Dept. recognize the importance of signing a deal that compensates writers fairly for the work they do,” said WGA West president Patric M. Verrone and WGA East president Michael Winship in a joint statement. “In turn, we’ve designed an agreement for the entertainment industry that takes into account the economic realities that it faces.” 

Intermedia president Linda Benjamin said the company will shortly be announcing an updated film and television slate. The company's recent releases include "Breach" and "One Missed Call."

The Film Department is topped by former Warner Independent Pictures and Miramax Films president Mark Gill and former Miramax Films executive vice president and Yari Film Group COO Neil Sacker.

The entire announcement runs after the jump.

-- Dave McNary

Another voice from the WGA: "The DGA deal as it stands today is bad."

Despite last week's admonition by WGA leaders to members to cool down the rhetoric, high-profile writers continue to take potshots at the DGA deal.

Tom Fontana and WGA West board member Phil Alden Robinson have already made their displeasure known; the latest comes from John McNamara, whose credits include "The Adventures of Brisco County," "Profit," "Lois & Clark," "Vengeance Unlimited," "The Fugitive," "Eyes" and "Jericho."  In a post on United Hollywood, McNamara opens by noting that his overall deal at CBS/Paramount was terminated Jan. 14.

"Given that this financial blow is due to the strike and the fact that it's been well over a decade and a half since I made any real money via the MBA, I should be writing to you gentlemen begging you to take the DGA deal," he said, referring to the WGA's minimum basic agreement. "Nothing could be further from the truth. I'm writing to urge you -- don't settle for anything less than the best deal possible."

McNamara doesn't go into details about the DGA terms, but he's still explicit about it just the same. And he urges WGA members to hold out for a better deal.

"The DGA deal as it stands today is bad," he wrote. "It may be a bad deal with a few good points, but it is not the reverse. Don't be swayed to think otherwise. You know what's right here. Everyone does, no matter what they say out of anger, desperation, greed or exhaustion."

Here's the entire post --

On January 14th, my overall deal at CBS/Paramount was terminated. So this is actually my two cents... plus hundreds of thousands of dollars.

I bring this up so you'll understand that starting on November 5th, I began losing a substantial amount of money. (To put in perspective: I started my career as a playwright, and what I made in my first year of writing theatre, I lost each day as a suspended showrunner.)

As of the 14th, I’ve now lost everything due me under my term deal.

Given that this financial blow is due to the strike and the fact that it's been well over a decade and a half since I made any real money via the MBA, I should be writing to you gentlemen begging you to take the DGA deal.

Nothing could be further from the truth.

I'm writing to urge you -- don't settle for anything less than the best deal possible.

Because this isn't about me or my losses. This isn't about any one writer. This is about thousands of us, up and down fortune's ladder, some who are better off than I am right now, many much worse off, but each of us linked by this:

We all know the difference between a good deal and a bad deal.

"Good" is any provision where our share grows alongside all possible delivery forms.

"Bad" is anything else.

The DGA deal as it stands today is bad. It may be a bad deal with a few good points but it is not the reverse.

Don't be swayed to think otherwise. You know what's right here. Everyone does, no matter what they say out of anger, desperation, greed or exhaustion.

My Dad was a trial lawyer. He spent most of his life trying to sway people. A job that was always easier when he represented a client whose plea or defense was legally sound. Because then he didn’t have to use as many words. My father always said, “The more words you use to explain something, the less true it is.”

What you’re trying to do can be boiled down to two short, declarative sentences:

If they make nothing, we make nothing. But the more they make, the more we make.

Any argument against those sentences would have to be elaborate in the extreme. Possibly confusing. And certainly disingenuous.

Do what's right. Don't back down, don't concede, don't give in to fear, pressure, or worst of all, the common wisdom.

I set out to have a long career that would weather many ups and downs. So far, that's what I've had and there's no denying I'm in one of life's little troughs at the moment. But I'm not alone. And I haven't lost my bearings. This is a fight for the future.

Someday, when that future becomes the present and I look back on all of this, I want to say I was a small part of a big fight that mattered. I stood with people who knew that. We rose together and took action.

I'm proud to do what I do for a living; more proud of that than any check that's ever crossed my desk. Checks are cashed, and parking spaces are painted over. But I'm a writer -- with you -- forever.

- John McNamara

AMPTP to SAG: Benchmark? What benchmark?

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.

Overture Films signs interim deal

The WGA has inked another interim deal, signing with one-year-old Overture Films.

It's the 14th such deal announced in the past month and comes on the heels of similar agreements signed last week with Lionsgate, Marvel and RKO. The interim deals let the companies hire writers under the terms and conditions offered by the WGA before formal negotiations with the AMPTP collapsed last month.

For the WGA, the deals are a way to gain leverage in persuading the congloms to resume formal talks.

The Overture announcement comes with a news blackout on the informal talks between WGA leaders and moguls. Those talks -- aimed at laying the groundwork for official bargaining to resume -- began a week ago.

Overture, backed by John Malone's Liberty Media, launched operations in late 2006 headed by industry vets Chris McGurk and Danny Rosett. Its first feature, caper comedy "Mad Money," opened earlier this month.

Rosett, whose title is chief operating officer, said in an interview that the interim agreement will allow Overture to continue begin moving forward on its 2009 slate. And he noted that as word got out Wednesday, the volume of inquiries accelerated.

"You could feel the momentum picking up this morning," he added. "We feel like this is something that helps get us beyond being 'in theory.' We felt that we had a very reasonable conversation with WGA about what's best for our company."

Overture's going into production Feb. 13 on "Humboldt Park," which has a completed script. Upcoming releases include "Sleepwalking," starring Charlize Theron and Tom McCarthy's "The Visitor."

The AMPTP's standard statement about the WGA's interim deals:  "These one-off agreements are meaningless because the companies signing them know they will not have to abide by their terms for very long, since they'll be superceded by whatever final industry-wide accords are reached. If companies truly had to live by the terms of these one-off agreements, we are confident none would ever be signed."

DGA tells SAG to stuff it

DGA president Michael Apted has accused SAG of trying to monkeywrench the week-long informal talks between the WGA and the moguls.

Apted issued the blast early Tuesday evening in response to SAG president Alan Rosenberg and national exec director Doug Allen's attack on the DGA deal. He pointed out that Rosenberg and Allen said in their letter to the SAG membership that too little is known about the DGA/AMPTP deal for anyone to
"assume" anything about it.

"Then why do they need to send any letter to their members?" Apted said. "They are not in negotiations and have not scheduled any. Their letter has one purpose and one purpose only: to interfere with the informal talks currently underway between the WGA and the studios. Simply put, their assumptions and arguments are specious. The DGA deal is a great deal for our members."

- D. McNary

Rosenberg, Allen not thrilled about DGA deal

In a reminder that SAG's upcoming negotiations with the majors are likely to be contentious and complicated, SAG president Alan Rosenberg and SAG national exec director Doug Allen have told SAG members that he's not particularly impressed with the DGA's tentative deal with the AMPTP.

Rosenberg and Allen echoed previous prounouncements that the DGA deal would not automatically be the model for a new SAG deal. That's also what WGA leaders were saying before they launched informal contract talks with moguls a week ago.

In a message sent to members today, the duo opened by saying, "Everyone hopes the WGA strike will end with a fair deal for the writers.  There has been much speculation about the impact on the WGA strike of the tentative agreement between the Directors Guild of America (DGA) and the employers' representative, the Alliance of Motion Picture and Television Producers (AMPTP).  Some have rushed to anoint their deal as the “solution” for the entertainment industry.  We believe that assessment is premature."

Rosenberg and Allen then zeroed in on what they see as the lack of details about the deal in areas such as paid download, determining fair market value and the "very high thresholds" in jurisdiction for made for new media content.

"For these specific reasons, and because so much of the new DGA/AMPTP deal is unknown, no one should assume this new deal is a template for anyone else, certainly not for actors," the letter concludes. "It is up to the leadership and membership of the DGA to decide if their new deal with the studios and networks is acceptable, but whatever they decide, their decision will not determine what will be satisfactory for the leadership and membership of Screen Actors Guild.  Each guild must act in the best interest of its own membership, including rejecting management-imposed 'pattern bargaining.'"

The current SAG contract expires June 30 and no talks have been set yet.

The entire letter is after the jump.

-- D. McNary

WGA: Rain, rain go away

The recent spate of continued cold and rainy weather's been cutting back the numbers of WGA pickets outside studio lots.

"I admit that I don't do well in the rain," noted scribe Bob Zeschin, a constant presence at the Paramount gates since the strike started. "I could only manage an hour last week on the NAACP day when it was really pouring. Today, I have four layers on, but I plan on doing the entire three-hour shift."

Still, the picketers have not gone away by any means.

The WGA returned to normal picketing on Tuesday, the 85th day of the strike, a day after asking picketers to spend Monday at Fox, which drew about 1,000 supporters.

The WGA was operating lines Tuesday at its seven usual locations -- Warner Bros., CBS Television City, CBS Radford, Warner Bros., Disney, NBC Burbank, Fox and Paramount, where there were pickets at all gates as of mid-morning.

"I've gotten two things I didn't expect to from all this -- a sun tan and I've gained weight from all the noshing," Zeschin said.

Most picketers remain cautiously optimistic about the informal talks between the WGA and moguls, which have been going for a week. "I'm ready for this to be over," Zeschin said.      

-D. McNary

Winship asks for end to speculation

In an indication of how WGA leaders have cooled down their rhetoric now that they're in informal talks with moguls, WGA East president Michael Winship has asked members to put a lid on speculation about a possible tentative deal. That's quite a contrast with Winship's Dec. 10 opening statement to members after negotiations with the AMPTP cratered -- "They lie. And then they lie again. And then they lie some more.

Winship also said in his latest missive, sent out Monday, that members need to stay active on the picket lines. "More than ever, it is critical that we keep up the pressure on the media conglomerates and various struck shows with our picket lines, rallies and other actions that convey our message and demonstrate our impact on the entertainment industry," he noted.

The entire message is after the jump.

- D. McNary

WGA puts a smile on Neil Portnow's face

The Writers Guild of America West has just made it official -- it's granted a waiver to the Grammys.

Move come a week after the WGA West board made the unanimous decision that it would not picket the Feb. 10 show. Monday's announcement means that WGA writers can work on the show.

The WGA's refusal to grant a waiver for the Jan. 13 Golden Globes forced organizers to cut the event to a news conference after all the nominees in acting categories vowed not to cross the WGA picket line. The WGA has called off its own Feb. 9 awards show, and the fate of the Feb. 24 Oscarcast remains muddled after the guild indicated last month that it would not grant a waiver if one was requested.

Here's the latest announcement--

The Board of Directors of the Writers Guild of America, West (WGAW) has agreed to grant an interim agreement for this year’s Grammy Awards in Los Angeles. This will allow for written material for the show to be covered under a Guild contract.

“Professional musicians face many of the same issues that we do concerning fair compensation for the use of their work in new media. In the interest of advancing our goal of achieving a fair contract, the WGAW Board felt that this decision should be made on behalf our brothers and sisters in the American Federation of Musicians and the American Federation of Television and Radio Artists,” said WGAW President Patric M. Verrone.

--Dave McNary

"Unity Day" draws more than 1,000 supporters

The WGA strike has not yet run out of steam.

About 1,000 members and supporters -- many from SAG -- showed up outside Fox for a "Unity Day" rally and picket to highlight the support between the guilds.

SAG prexy Alan Rosenberg spoke at from a small platform in front of the studio and stressed the need for better terms in new media. He noted that the 1985 deal establishing homevid residual formulas has caused a cumulative loss of $1.5 billion for WGA members and $4.5 billion for SAG members since then.

"We are not going to let that happen again on new media," he declared.

-- Dave McNary