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	<title>Observer &#187; How Do You Negotiate Respect?</title>
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		<title>How Do You Negotiate Respect?</title>

		<comments>http://observer.com/2001/02/how-do-you-negotiate-respect/#comments</comments>
		<pubDate>Mon, 19 Feb 2001 00:00:00 -0400</pubDate>
					<link>http://observer.com/2001/02/how-do-you-negotiate-respect/</link>
			<dc:creator>Bruce Feirstein</dc:creator>
				
		<guid isPermaLink="false">http://www.observer.com/2001/02/how-do-you-negotiate-respect/</guid>
		<description><![CDATA[<p>LOS ANGELES-February marks the end of the rainy season in</p>
<p>Los Angeles. The air is cool. The nights are chilly. A strange,</p>
<p>spirit-dampening meteorological phenomenon occurs out here that we on the East</p>
<p>Coast might call "weather": There are entire days when the sky is filled with</p>
<p>rain clouds, when the glorious California sun doesn't show itself.</p>
<p> This particular February, however, there is also a newfound</p>
<p>sense of unease in the air. A darkening, if you will, of the usual sunny SoCal</p>
<p>optimism. There are storm clouds on the horizon having more to do with economics</p>
<p>than weather: Although the rolling blackouts</p>
<p>and spiraling energy costs of San Francisco and Silicon Valley haven't visited</p>
<p>L.A. yet (the city produces its own power and hasn't deregulated), the</p>
<p>authorities forecast that the upcoming peak summer demand will push the local</p>
<p>power grid past its limits.</p>
<p> And then there is the threat of entertainment industry</p>
<p>strikes, with the Writers Guild's contract expiring May 2 and the Screen Actors</p>
<p>Guild's on June 30.</p>
<p> Wherever you go in this city, the specter of these labor</p>
<p>actions are Topic A. And not just at The Ivy. You hear the same questions at</p>
<p>Hertz, Kinko's and the dry cleaners: What's going to happen? Do you think</p>
<p>there'll be a strike? Even the most optimistic agent I know-a woman who could</p>
<p>make a death sentence sound like a positive review-is feeling the malaise. "The</p>
<p>business has crawled to a halt," she said. "Everyone is waiting for the other</p>
<p>shoe to drop."</p>
<p> As a working screenwriter, I may not be the most objective</p>
<p>authority on all of this. But at the moment, the studios have rushed dozens of</p>
<p>movies into production, hoping to be finished before the Screen Actors Guild</p>
<p>deadline, when they would be forced to shut down in the event of a strike.</p>
<p>(I'll let you guess the odds on any of these pictures receiving Oscar</p>
<p>nominations next year.)</p>
<p> And for the past month, the writers have been negotiating</p>
<p>with studios and networks-a.k.a. the Alliance of Motion Picture and Television</p>
<p>Producers. As a member of the Guild, I receive daily e-mail updates, but the</p>
<p>information is deliberately vague, detailing the subjects that were discussed</p>
<p>rather than whether any progress was made. We may be living in the Internet</p>
<p>era, but it hasn't changed the theory that collective bargaining is best</p>
<p>conducted out of the spotlight. In either case, it's a long, painful process.</p>
<p> Basically, the screenwriters want money and creative</p>
<p>respect. We want better payments on cable; we want better royalties on DVD's,</p>
<p>video and overseas rebroadcasts; we want to rescind the lower pay scale</p>
<p>negotiated with the Fox network 12 years ago, when the then-new network claimed</p>
<p>it needed to cut costs to survive. And we want some kind of pay structure in</p>
<p>place for whatever the Internet brings. We made a mistake in the 80's,</p>
<p>underestimating the potential revenues, profits and growth of cable and video.</p>
<p>This time, we're determined not to let the profits from new media get away from</p>
<p>us.</p>
<p> From the management</p>
<p>point of view, there is, of course, no money. They claim that overseas</p>
<p>markets for American TV shows are drying up; that all of television-cable and</p>
<p>network-is reaching smaller audiences; and that most American films lose money.</p>
<p>Exactly how much of this is true is up for debate-and the point of the</p>
<p>negotiations. But in fact, advertising revenues are up at the networks, with advertisers</p>
<p>willing to pay more for specific, smaller but highly targeted audiences. New</p>
<p>cable channels are being founded daily, which one can only assume are not</p>
<p>charitable exercises. And, so far as feature-film profitability goes, there are</p>
<p>so many revenue streams at horizontally integrated media corporations-music,</p>
<p>cable, broadcast, merchandising, theme parks-that I defy anyone to figure out</p>
<p>whether or not a movie loses money.</p>
<p> (Of course, the gorilla in the corner of the feature-film</p>
<p>business that no one is going to discuss is the way $20 million star salaries</p>
<p>have thrown the economics of the entire industry out of whack. It's affected</p>
<p>everything from $50,000 character actors demanding and getting $2 million to</p>
<p>the 22-year-old production assistant who sees the excess, says "screw it" and</p>
<p>begins sending Variety to her</p>
<p>boyfriend in Brussels every day via FedEx.)</p>
<p> For the writers, obviously the money is important, but the</p>
<p>more heartfelt issue-and the thing everyone is talking about-is creative</p>
<p>rights. It's a demand for respect. We're tired of being thought of as</p>
<p>disposable; we're tired of being cut out of the movie-making process when the</p>
<p>filming begins, only to be rewritten on the set by actors, producers and</p>
<p>directors, resulting in films that all too often embarrass us. (And before you</p>
<p>ask, "So why put your name on the film?", the answer lies in the fact that</p>
<p>residuals, royalties and production bonuses are tied to having your name on</p>
<p>it.) We're not looking to direct. We're not looking for control. We're only looking</p>
<p>to play a greater role in the oft-cited "collaborative process," which we</p>
<p>honestly believe will make for better, more coherent films.</p>
<p> The flash point for all of this has become the so-called</p>
<p>possessory credit-"A Martin Scorsese film," for example-that appears before the</p>
<p>title in so many American films. When this first came into vogue, in the 60's</p>
<p>and 70's, studios promised that it would only be used in the most rarefied</p>
<p>cases where the director's name helped sell the film. Hitchcock, for example. But</p>
<p>last year, it appeared on almost 70 percent of the movies released by</p>
<p>Hollywood.</p>
<p> Among the working screenwriters I've talked to, there's a</p>
<p>grim sense of determination about this: a belief that it's demeaning, it's</p>
<p>wrong, it's inaccurate. And the fight has put</p>
<p>us at odds with members of the Directors Guild, who insist it's their divine</p>
<p>right and aren't about to give it up.</p>
<p> This is something that I find myself surprisingly adamant</p>
<p>about. I can see the credit for Scorsese. Or Barry Levinson. Or Steven Spielberg,</p>
<p>Spike Lee, Woody Allen, the Coen brothers-even the Farrelly brothers. But not</p>
<p>for someone who's little more than a director for hire.</p>
<p> Recently, a young unknown director-a friend who's picture</p>
<p>I'd worked on gratis-decided to take the credit. I couldn't resist needling him</p>
<p>about it:</p>
<p> "So I see you're an auteur now."</p>
<p> "Hey, I did more than just direct. I supervised everything."</p>
<p> "Isn't that the definition of the director's job?"</p>
<p> "Yes, but it's my film."</p>
<p> "Oh. Pardon me. Did you write it?"</p>
<p> "No."</p>
<p> "Did you create the story?"</p>
<p> "No."</p>
<p> "Did you conceive of the characters?"</p>
<p> "No."</p>
<p> "Did you edit it? Negotiate the talent contracts? Operate</p>
<p>the camera? Did you light it, score it, find the actors by yourself? Were you</p>
<p>sitting on the writer's shoulder when she had the original idea?"</p>
<p> "No."</p>
<p> "So, fool that I am, can you explain how it's your film?"</p>
<p> "It's my vision ,"</p>
<p>he said, laughing as he exaggerated the word, then adding, "You know what this</p>
<p>is about. It's about power. And money. And more control on my next project… You</p>
<p>know, the one you're not going to be writing."</p>
<p> Having worked on enough movies-credited and not-I could</p>
<p>probably fill a book with tales of screenwriter woe. From the ridiculous (being</p>
<p>fired three times from the same picture; working with a star who never read the</p>
<p>script until the night before shooting, but held forth on the publicity junket</p>
<p>about how he worked to create his character) to the merely insulting. (On the</p>
<p>Bond film Tomorrow Never Dies , in</p>
<p>which I created a media-mogul villain, I was left out of the publicity when the</p>
<p>studio decided no one would be interested in anything I might have to say,</p>
<p>despite the fact that the screenwriter was the only one in the production who'd</p>
<p>ever been in proximity to a real, live media mogul.)</p>
<p> So will there be a strike? Is it possible to negotiate</p>
<p>respect?</p>
<p> At a recent dinner party in Los Angeles, a famous</p>
<p>screenwriter told me she thinks this is all Y2K:</p>
<p>The Movie -meaning it's much ado about nothing. And a television writer</p>
<p>opined that a recession will scare the Writers and Screen Actors guilds</p>
<p>off-especially given the less-than-stellar gains in last year's AFTRA strike.</p>
<p> At the same time, there's a feeling that the studios</p>
<p>actually want the strike. Due to the force</p>
<p>majeure (read: act of God) clause in contracts, the studios can use the</p>
<p>strike to nullify lots of bad deals. It's a terrific way of cutting overhead.</p>
<p>(Case in point: Last year, I was hired to write a film for a movie star with a</p>
<p>studio production deal. He couldn't find the two hours to read it. Twelve</p>
<p>months, two bombs and who-knows-how-many millions in overhead later, the</p>
<p>studio's itching for a way to get this person and the entourage off the lot.)</p>
<p> Among most of the writers I've spoken with, there's a</p>
<p>feeling that the creative issues have become something of a now-or-never</p>
<p>proposition. It's not, as the screenwriter Paddy Chayefsky wrote, that "we're</p>
<p>mad as hell, and we're not going to take it anymore."</p>
<p> But rather, a quiet, determined, resolute feeling that</p>
<p>enough is enough.</p>
]]></description>
		<content:encoded><![CDATA[<p>LOS ANGELES-February marks the end of the rainy season in</p>
<p>Los Angeles. The air is cool. The nights are chilly. A strange,</p>
<p>spirit-dampening meteorological phenomenon occurs out here that we on the East</p>
<p>Coast might call "weather": There are entire days when the sky is filled with</p>
<p>rain clouds, when the glorious California sun doesn't show itself.</p>
<p> This particular February, however, there is also a newfound</p>
<p>sense of unease in the air. A darkening, if you will, of the usual sunny SoCal</p>
<p>optimism. There are storm clouds on the horizon having more to do with economics</p>
<p>than weather: Although the rolling blackouts</p>
<p>and spiraling energy costs of San Francisco and Silicon Valley haven't visited</p>
<p>L.A. yet (the city produces its own power and hasn't deregulated), the</p>
<p>authorities forecast that the upcoming peak summer demand will push the local</p>
<p>power grid past its limits.</p>
<p> And then there is the threat of entertainment industry</p>
<p>strikes, with the Writers Guild's contract expiring May 2 and the Screen Actors</p>
<p>Guild's on June 30.</p>
<p> Wherever you go in this city, the specter of these labor</p>
<p>actions are Topic A. And not just at The Ivy. You hear the same questions at</p>
<p>Hertz, Kinko's and the dry cleaners: What's going to happen? Do you think</p>
<p>there'll be a strike? Even the most optimistic agent I know-a woman who could</p>
<p>make a death sentence sound like a positive review-is feeling the malaise. "The</p>
<p>business has crawled to a halt," she said. "Everyone is waiting for the other</p>
<p>shoe to drop."</p>
<p> As a working screenwriter, I may not be the most objective</p>
<p>authority on all of this. But at the moment, the studios have rushed dozens of</p>
<p>movies into production, hoping to be finished before the Screen Actors Guild</p>
<p>deadline, when they would be forced to shut down in the event of a strike.</p>
<p>(I'll let you guess the odds on any of these pictures receiving Oscar</p>
<p>nominations next year.)</p>
<p> And for the past month, the writers have been negotiating</p>
<p>with studios and networks-a.k.a. the Alliance of Motion Picture and Television</p>
<p>Producers. As a member of the Guild, I receive daily e-mail updates, but the</p>
<p>information is deliberately vague, detailing the subjects that were discussed</p>
<p>rather than whether any progress was made. We may be living in the Internet</p>
<p>era, but it hasn't changed the theory that collective bargaining is best</p>
<p>conducted out of the spotlight. In either case, it's a long, painful process.</p>
<p> Basically, the screenwriters want money and creative</p>
<p>respect. We want better payments on cable; we want better royalties on DVD's,</p>
<p>video and overseas rebroadcasts; we want to rescind the lower pay scale</p>
<p>negotiated with the Fox network 12 years ago, when the then-new network claimed</p>
<p>it needed to cut costs to survive. And we want some kind of pay structure in</p>
<p>place for whatever the Internet brings. We made a mistake in the 80's,</p>
<p>underestimating the potential revenues, profits and growth of cable and video.</p>
<p>This time, we're determined not to let the profits from new media get away from</p>
<p>us.</p>
<p> From the management</p>
<p>point of view, there is, of course, no money. They claim that overseas</p>
<p>markets for American TV shows are drying up; that all of television-cable and</p>
<p>network-is reaching smaller audiences; and that most American films lose money.</p>
<p>Exactly how much of this is true is up for debate-and the point of the</p>
<p>negotiations. But in fact, advertising revenues are up at the networks, with advertisers</p>
<p>willing to pay more for specific, smaller but highly targeted audiences. New</p>
<p>cable channels are being founded daily, which one can only assume are not</p>
<p>charitable exercises. And, so far as feature-film profitability goes, there are</p>
<p>so many revenue streams at horizontally integrated media corporations-music,</p>
<p>cable, broadcast, merchandising, theme parks-that I defy anyone to figure out</p>
<p>whether or not a movie loses money.</p>
<p> (Of course, the gorilla in the corner of the feature-film</p>
<p>business that no one is going to discuss is the way $20 million star salaries</p>
<p>have thrown the economics of the entire industry out of whack. It's affected</p>
<p>everything from $50,000 character actors demanding and getting $2 million to</p>
<p>the 22-year-old production assistant who sees the excess, says "screw it" and</p>
<p>begins sending Variety to her</p>
<p>boyfriend in Brussels every day via FedEx.)</p>
<p> For the writers, obviously the money is important, but the</p>
<p>more heartfelt issue-and the thing everyone is talking about-is creative</p>
<p>rights. It's a demand for respect. We're tired of being thought of as</p>
<p>disposable; we're tired of being cut out of the movie-making process when the</p>
<p>filming begins, only to be rewritten on the set by actors, producers and</p>
<p>directors, resulting in films that all too often embarrass us. (And before you</p>
<p>ask, "So why put your name on the film?", the answer lies in the fact that</p>
<p>residuals, royalties and production bonuses are tied to having your name on</p>
<p>it.) We're not looking to direct. We're not looking for control. We're only looking</p>
<p>to play a greater role in the oft-cited "collaborative process," which we</p>
<p>honestly believe will make for better, more coherent films.</p>
<p> The flash point for all of this has become the so-called</p>
<p>possessory credit-"A Martin Scorsese film," for example-that appears before the</p>
<p>title in so many American films. When this first came into vogue, in the 60's</p>
<p>and 70's, studios promised that it would only be used in the most rarefied</p>
<p>cases where the director's name helped sell the film. Hitchcock, for example. But</p>
<p>last year, it appeared on almost 70 percent of the movies released by</p>
<p>Hollywood.</p>
<p> Among the working screenwriters I've talked to, there's a</p>
<p>grim sense of determination about this: a belief that it's demeaning, it's</p>
<p>wrong, it's inaccurate. And the fight has put</p>
<p>us at odds with members of the Directors Guild, who insist it's their divine</p>
<p>right and aren't about to give it up.</p>
<p> This is something that I find myself surprisingly adamant</p>
<p>about. I can see the credit for Scorsese. Or Barry Levinson. Or Steven Spielberg,</p>
<p>Spike Lee, Woody Allen, the Coen brothers-even the Farrelly brothers. But not</p>
<p>for someone who's little more than a director for hire.</p>
<p> Recently, a young unknown director-a friend who's picture</p>
<p>I'd worked on gratis-decided to take the credit. I couldn't resist needling him</p>
<p>about it:</p>
<p> "So I see you're an auteur now."</p>
<p> "Hey, I did more than just direct. I supervised everything."</p>
<p> "Isn't that the definition of the director's job?"</p>
<p> "Yes, but it's my film."</p>
<p> "Oh. Pardon me. Did you write it?"</p>
<p> "No."</p>
<p> "Did you create the story?"</p>
<p> "No."</p>
<p> "Did you conceive of the characters?"</p>
<p> "No."</p>
<p> "Did you edit it? Negotiate the talent contracts? Operate</p>
<p>the camera? Did you light it, score it, find the actors by yourself? Were you</p>
<p>sitting on the writer's shoulder when she had the original idea?"</p>
<p> "No."</p>
<p> "So, fool that I am, can you explain how it's your film?"</p>
<p> "It's my vision ,"</p>
<p>he said, laughing as he exaggerated the word, then adding, "You know what this</p>
<p>is about. It's about power. And money. And more control on my next project… You</p>
<p>know, the one you're not going to be writing."</p>
<p> Having worked on enough movies-credited and not-I could</p>
<p>probably fill a book with tales of screenwriter woe. From the ridiculous (being</p>
<p>fired three times from the same picture; working with a star who never read the</p>
<p>script until the night before shooting, but held forth on the publicity junket</p>
<p>about how he worked to create his character) to the merely insulting. (On the</p>
<p>Bond film Tomorrow Never Dies , in</p>
<p>which I created a media-mogul villain, I was left out of the publicity when the</p>
<p>studio decided no one would be interested in anything I might have to say,</p>
<p>despite the fact that the screenwriter was the only one in the production who'd</p>
<p>ever been in proximity to a real, live media mogul.)</p>
<p> So will there be a strike? Is it possible to negotiate</p>
<p>respect?</p>
<p> At a recent dinner party in Los Angeles, a famous</p>
<p>screenwriter told me she thinks this is all Y2K:</p>
<p>The Movie -meaning it's much ado about nothing. And a television writer</p>
<p>opined that a recession will scare the Writers and Screen Actors guilds</p>
<p>off-especially given the less-than-stellar gains in last year's AFTRA strike.</p>
<p> At the same time, there's a feeling that the studios</p>
<p>actually want the strike. Due to the force</p>
<p>majeure (read: act of God) clause in contracts, the studios can use the</p>
<p>strike to nullify lots of bad deals. It's a terrific way of cutting overhead.</p>
<p>(Case in point: Last year, I was hired to write a film for a movie star with a</p>
<p>studio production deal. He couldn't find the two hours to read it. Twelve</p>
<p>months, two bombs and who-knows-how-many millions in overhead later, the</p>
<p>studio's itching for a way to get this person and the entourage off the lot.)</p>
<p> Among most of the writers I've spoken with, there's a</p>
<p>feeling that the creative issues have become something of a now-or-never</p>
<p>proposition. It's not, as the screenwriter Paddy Chayefsky wrote, that "we're</p>
<p>mad as hell, and we're not going to take it anymore."</p>
<p> But rather, a quiet, determined, resolute feeling that</p>
<p>enough is enough.</p>
]]></content:encoded>
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