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	<title>Observer &#187; Taking a Contract Out on the Writers</title>
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		<title>Taking a Contract Out on the Writers</title>

		<comments>http://observer.com/2001/05/taking-a-contract-out-on-the-writers/#comments</comments>
		<pubDate>Mon, 14 May 2001 00:00:00 -0400</pubDate>
					<link>http://observer.com/2001/05/taking-a-contract-out-on-the-writers/</link>
			<dc:creator>Bruce Feirstein</dc:creator>
				
		<guid isPermaLink="false">http://www.observer.com/2001/05/taking-a-contract-out-on-the-writers/</guid>
		<description><![CDATA[<p>And so, just before 4 p.m. on Friday, May 4, the</p>
<p>long-threatened and much-dreaded writers' strike was finally averted.</p>
<p>Representatives of the Writers Guild of America and the Alliance of Motion</p>
<p>Picture and Television Producers stepped in front of the TV cameras, smiled,</p>
<p>shook hands and announced that, after a week of marathon negotiations, a</p>
<p>three-year deal had been reached.   </p>
<p>There was joy in the land. Real-estate agents, photocopy-shop operators,</p>
<p>car valets and maître d's rejoiced. And for at least 24 hours you couldn't turn</p>
<p>on the local news without hearing a caterer, set designer or stunt man holding</p>
<p>forth about how wonderful it was that there would be no strike.</p>
<p> But among a certain group of writers-on phone lines and in</p>
<p>e-mails-there was an entirely different set of responses to the proposed</p>
<p>agreement.</p>
<p> "We got screwed," complained more than one screenwriter,</p>
<p>pointing out that there was no increase in video residuals, no real</p>
<p>breakthroughs on DVD's and nothing concrete-"bubkis, zip," no binding work</p>
<p>rules-about any of the creative issues that had been touted as the main thrust</p>
<p>of these negotiations. The "film by" director's possessory credit remained</p>
<p>intact; there were still no contractual obligations to invite writers to cast</p>
<p>readings, dailies, premieres, press junkets. But in a concession of supreme</p>
<p>munificence, the studios agreed to acknowledge that the writer is a part of the</p>
<p>production by listing his or her name on the "call sheet," the daily</p>
<p>information sheet listing all key participants that's published when a film is</p>
<p>in production.</p>
<p> "We were told this negotiation was about changing our</p>
<p>position in the industry," groused one screenwriter. "It was supposed to be</p>
<p>about respect. And on that count, we got nowhere."</p>
<p> Television writers, on the other hand, seemed to have a</p>
<p>different point of view. "It was a victory for us," said one, who preferred</p>
<p>that her name not be used for fear of social reprisals. "The Fox network is now</p>
<p>going to pay the same rates as NBC, ABC and CBS; foreign residuals and</p>
<p>made-for-cable-TV rates for shows like The</p>
<p>Sopranos were increased. So far as I'm concerned, all the creative stuff</p>
<p>was a waste of time. There's no way I would have ever supported a strike for</p>
<p>those things."</p>
<p> Part of what you're hearing here is a long-term split inside</p>
<p>the Guild: TV writers versus the film writers. They have different agendas and</p>
<p>different needs. In television, the writer is king. As writer-producers, they</p>
<p>bring shows in on time and on budget. Yet in the film business, that very same</p>
<p>writer is thought of as a whiny impediment to the director's vision, who gets</p>
<p>paid too much, is always late and will definitely need to be rewritten, at even</p>
<p>greater expense.</p>
<p> The problem is that the Guild negotiates for both camps, at</p>
<p>the same time, as one unit. And once you get beyond the most basic employment</p>
<p>issues-health coverage and pensions-these two groups have almost nothing in</p>
<p>common. It's something the Guild has struggled with for years, as the</p>
<p>leadership is forced to trade off the needs of one constituency for another in</p>
<p>order to negotiate a contract that supposedly serves the common good.</p>
<p> Over the weekend, the hard feelings on the part of</p>
<p>screenwriters I spoke to solidified into a fatalistic "we got screwed, life</p>
<p>goes on, it's the movie business."</p>
<p> Then, on Monday, May 7,</p>
<p>a front-page article in The Los Angeles</p>
<p>Times by James Bates and Claudia Eller about what went on behind the scenes</p>
<p>of these contract negotiations set off a whole new controversy.</p>
<p> On one hand, the article pointed out that the changing</p>
<p>economic outlook and the success of non-scripted shows like CBS's Survivor had weakened the Guild's</p>
<p>hard-line position. With the downturn in California's economy, many of the rank</p>
<p>and file had lost their taste for picket lines. And network executives-most</p>
<p>notably CBS's Les Moonves-were promoting the idea that the networks would be "just</p>
<p>fine, thank you," filling their schedules with cheaper, reality-based</p>
<p>programming.</p>
<p> But what members of the Guild found so incendiary-and</p>
<p>infuriating-in Mr. Bates and Ms. Eller's article was their discovery that two</p>
<p>other unions had joined forces to undermine the writers' demands: the Directors</p>
<p>Guild of America and the International Alliance of Theatrical Stage Employees,</p>
<p>which represents electricians, carpenters, painters, costume designers and lots</p>
<p>of the other blue-collar craftspeople you see listed during the end credits of</p>
<p>a film.</p>
<p> The article said that Jay Roth, the executive director of</p>
<p>the D.G.A., and Thomas Short, president of IATSE, had "formed an unlikely</p>
<p>alliance to make sure the writers would not strike or rewrite the rules of</p>
<p>filmmaking." The D.G.A.'s Roth was "miffed that the Writers Guild was using the</p>
<p>contract negotiations to launch an unwanted invasion on his members' creative</p>
<p>turf." And, according to one unnamed union official, the Writers Guild had to</p>
<p>be reined in because it had become "a satellite spinning out of control."</p>
<p> Ah, yes. You'd always heard that film is a collaborative</p>
<p>medium, hadn't you?</p>
<p> The L.A. Times</p>
<p>piece also pointed out one small but critical problem that should have been</p>
<p>obvious, but was overlooked by most members of the Guild: To make the threat of</p>
<p>a strike seem viable, the writers had hoped to align with the Screen Actors</p>
<p>Guild, whose contract runs out June 30. The idea was that the two unions would</p>
<p>wield more power than one. But on the recommendation of Mike Ovitz and Jeff</p>
<p>Katzenberg, S.A.G. had appointed someone named Brian Walton to be their head</p>
<p>negotiator, a man who has no particular love for the Writers Guild. He was</p>
<p>fired as the W.G.A.'s executive director two years ago, having been accused of</p>
<p>becoming too enamored of the studios and the lifestyle led by their executives.</p>
<p>Needless to say, there was no S.A.G.-W.G.A. alliance.</p>
<p> So where does this leave us?</p>
<p> At press time, no one outside the negotiating committee has</p>
<p>actually seen the fine points of what was agreed to in the proposed contract.</p>
<p>At present, we're all operating from an executive summary released by the Guild</p>
<p>and posted on their Web site (www.wga.org). On the face of it, there appear to</p>
<p>be more victories than defeats. It seems to be a respectable deal-but nowhere</p>
<p>near the groundbreaking contract that union leaders had promised.</p>
<p> In the next week or two, members of the Writers Guild will</p>
<p>meet in an auditorium somewhere in Los Angeles and vote on the proposed</p>
<p>contract. There'll probably be lots of histrionics in the room, but in the end,</p>
<p>it will almost certainly be ratified.</p>
<p> During the weeks leading up to the May 1 contract expiration</p>
<p>date, Los Angeles was gripped by a pre-strike frenzy-sort of like the insane,</p>
<p>over-hyped build-up to our own "Blizzard of the Century" that didn't</p>
<p>materialize over New York this past March.</p>
<p> Local TV stations provided live updates around the clock</p>
<p>from the Writers Guild headquarters on Fairfax Avenue. ("Coming up at 11:</p>
<p>Strike Watch 2001.") By my count, there were 16 satellite trucks encircling the</p>
<p>building.</p>
<p> The mayor issued dire</p>
<p>warnings about the economic consequences that would befall Southern California</p>
<p>if we struck. He seemed more visible, engaged, concerned and willing to get</p>
<p>involved in this "crisis" than in either the ongoing police corruption scandals</p>
<p>or the looming power shortages.</p>
<p> The studios were overwhelmed by a tidal wave of screenplays</p>
<p>being turned in before midnight on April 30, by screenwriters wanting to get</p>
<p>paid before what was promised to be a six-month work stoppage.</p>
<p> I turned mine in to Sony six days early, on April 24.</p>
<p> Several months ago, I</p>
<p>used this space to ask whether it was possible-or feasible-to negotiate</p>
<p>something as ephemeral as respect.</p>
<p> We now have the answer: No.</p>
<p> On Tuesday, May 7, exactly two weeks after I turned in my</p>
<p>screenplay to Sony, I received my first studio notes for the rewrite. Some are</p>
<p>smart. Some are dumb. Nothing has changed.</p>
<p> It is, as they say, business as usual.</p>
]]></description>
		<content:encoded><![CDATA[<p>And so, just before 4 p.m. on Friday, May 4, the</p>
<p>long-threatened and much-dreaded writers' strike was finally averted.</p>
<p>Representatives of the Writers Guild of America and the Alliance of Motion</p>
<p>Picture and Television Producers stepped in front of the TV cameras, smiled,</p>
<p>shook hands and announced that, after a week of marathon negotiations, a</p>
<p>three-year deal had been reached.   </p>
<p>There was joy in the land. Real-estate agents, photocopy-shop operators,</p>
<p>car valets and maître d's rejoiced. And for at least 24 hours you couldn't turn</p>
<p>on the local news without hearing a caterer, set designer or stunt man holding</p>
<p>forth about how wonderful it was that there would be no strike.</p>
<p> But among a certain group of writers-on phone lines and in</p>
<p>e-mails-there was an entirely different set of responses to the proposed</p>
<p>agreement.</p>
<p> "We got screwed," complained more than one screenwriter,</p>
<p>pointing out that there was no increase in video residuals, no real</p>
<p>breakthroughs on DVD's and nothing concrete-"bubkis, zip," no binding work</p>
<p>rules-about any of the creative issues that had been touted as the main thrust</p>
<p>of these negotiations. The "film by" director's possessory credit remained</p>
<p>intact; there were still no contractual obligations to invite writers to cast</p>
<p>readings, dailies, premieres, press junkets. But in a concession of supreme</p>
<p>munificence, the studios agreed to acknowledge that the writer is a part of the</p>
<p>production by listing his or her name on the "call sheet," the daily</p>
<p>information sheet listing all key participants that's published when a film is</p>
<p>in production.</p>
<p> "We were told this negotiation was about changing our</p>
<p>position in the industry," groused one screenwriter. "It was supposed to be</p>
<p>about respect. And on that count, we got nowhere."</p>
<p> Television writers, on the other hand, seemed to have a</p>
<p>different point of view. "It was a victory for us," said one, who preferred</p>
<p>that her name not be used for fear of social reprisals. "The Fox network is now</p>
<p>going to pay the same rates as NBC, ABC and CBS; foreign residuals and</p>
<p>made-for-cable-TV rates for shows like The</p>
<p>Sopranos were increased. So far as I'm concerned, all the creative stuff</p>
<p>was a waste of time. There's no way I would have ever supported a strike for</p>
<p>those things."</p>
<p> Part of what you're hearing here is a long-term split inside</p>
<p>the Guild: TV writers versus the film writers. They have different agendas and</p>
<p>different needs. In television, the writer is king. As writer-producers, they</p>
<p>bring shows in on time and on budget. Yet in the film business, that very same</p>
<p>writer is thought of as a whiny impediment to the director's vision, who gets</p>
<p>paid too much, is always late and will definitely need to be rewritten, at even</p>
<p>greater expense.</p>
<p> The problem is that the Guild negotiates for both camps, at</p>
<p>the same time, as one unit. And once you get beyond the most basic employment</p>
<p>issues-health coverage and pensions-these two groups have almost nothing in</p>
<p>common. It's something the Guild has struggled with for years, as the</p>
<p>leadership is forced to trade off the needs of one constituency for another in</p>
<p>order to negotiate a contract that supposedly serves the common good.</p>
<p> Over the weekend, the hard feelings on the part of</p>
<p>screenwriters I spoke to solidified into a fatalistic "we got screwed, life</p>
<p>goes on, it's the movie business."</p>
<p> Then, on Monday, May 7,</p>
<p>a front-page article in The Los Angeles</p>
<p>Times by James Bates and Claudia Eller about what went on behind the scenes</p>
<p>of these contract negotiations set off a whole new controversy.</p>
<p> On one hand, the article pointed out that the changing</p>
<p>economic outlook and the success of non-scripted shows like CBS's Survivor had weakened the Guild's</p>
<p>hard-line position. With the downturn in California's economy, many of the rank</p>
<p>and file had lost their taste for picket lines. And network executives-most</p>
<p>notably CBS's Les Moonves-were promoting the idea that the networks would be "just</p>
<p>fine, thank you," filling their schedules with cheaper, reality-based</p>
<p>programming.</p>
<p> But what members of the Guild found so incendiary-and</p>
<p>infuriating-in Mr. Bates and Ms. Eller's article was their discovery that two</p>
<p>other unions had joined forces to undermine the writers' demands: the Directors</p>
<p>Guild of America and the International Alliance of Theatrical Stage Employees,</p>
<p>which represents electricians, carpenters, painters, costume designers and lots</p>
<p>of the other blue-collar craftspeople you see listed during the end credits of</p>
<p>a film.</p>
<p> The article said that Jay Roth, the executive director of</p>
<p>the D.G.A., and Thomas Short, president of IATSE, had "formed an unlikely</p>
<p>alliance to make sure the writers would not strike or rewrite the rules of</p>
<p>filmmaking." The D.G.A.'s Roth was "miffed that the Writers Guild was using the</p>
<p>contract negotiations to launch an unwanted invasion on his members' creative</p>
<p>turf." And, according to one unnamed union official, the Writers Guild had to</p>
<p>be reined in because it had become "a satellite spinning out of control."</p>
<p> Ah, yes. You'd always heard that film is a collaborative</p>
<p>medium, hadn't you?</p>
<p> The L.A. Times</p>
<p>piece also pointed out one small but critical problem that should have been</p>
<p>obvious, but was overlooked by most members of the Guild: To make the threat of</p>
<p>a strike seem viable, the writers had hoped to align with the Screen Actors</p>
<p>Guild, whose contract runs out June 30. The idea was that the two unions would</p>
<p>wield more power than one. But on the recommendation of Mike Ovitz and Jeff</p>
<p>Katzenberg, S.A.G. had appointed someone named Brian Walton to be their head</p>
<p>negotiator, a man who has no particular love for the Writers Guild. He was</p>
<p>fired as the W.G.A.'s executive director two years ago, having been accused of</p>
<p>becoming too enamored of the studios and the lifestyle led by their executives.</p>
<p>Needless to say, there was no S.A.G.-W.G.A. alliance.</p>
<p> So where does this leave us?</p>
<p> At press time, no one outside the negotiating committee has</p>
<p>actually seen the fine points of what was agreed to in the proposed contract.</p>
<p>At present, we're all operating from an executive summary released by the Guild</p>
<p>and posted on their Web site (www.wga.org). On the face of it, there appear to</p>
<p>be more victories than defeats. It seems to be a respectable deal-but nowhere</p>
<p>near the groundbreaking contract that union leaders had promised.</p>
<p> In the next week or two, members of the Writers Guild will</p>
<p>meet in an auditorium somewhere in Los Angeles and vote on the proposed</p>
<p>contract. There'll probably be lots of histrionics in the room, but in the end,</p>
<p>it will almost certainly be ratified.</p>
<p> During the weeks leading up to the May 1 contract expiration</p>
<p>date, Los Angeles was gripped by a pre-strike frenzy-sort of like the insane,</p>
<p>over-hyped build-up to our own "Blizzard of the Century" that didn't</p>
<p>materialize over New York this past March.</p>
<p> Local TV stations provided live updates around the clock</p>
<p>from the Writers Guild headquarters on Fairfax Avenue. ("Coming up at 11:</p>
<p>Strike Watch 2001.") By my count, there were 16 satellite trucks encircling the</p>
<p>building.</p>
<p> The mayor issued dire</p>
<p>warnings about the economic consequences that would befall Southern California</p>
<p>if we struck. He seemed more visible, engaged, concerned and willing to get</p>
<p>involved in this "crisis" than in either the ongoing police corruption scandals</p>
<p>or the looming power shortages.</p>
<p> The studios were overwhelmed by a tidal wave of screenplays</p>
<p>being turned in before midnight on April 30, by screenwriters wanting to get</p>
<p>paid before what was promised to be a six-month work stoppage.</p>
<p> I turned mine in to Sony six days early, on April 24.</p>
<p> Several months ago, I</p>
<p>used this space to ask whether it was possible-or feasible-to negotiate</p>
<p>something as ephemeral as respect.</p>
<p> We now have the answer: No.</p>
<p> On Tuesday, May 7, exactly two weeks after I turned in my</p>
<p>screenplay to Sony, I received my first studio notes for the rewrite. Some are</p>
<p>smart. Some are dumb. Nothing has changed.</p>
<p> It is, as they say, business as usual.</p>
]]></content:encoded>
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