Question about the writers strike

[bredon7777]

Wondering if anyone in the entertainment industry can answer this question:

Can the writers still write for themselves?  I mean, if I'm a writer for Show X, can me and my friends get together on a Friday night and bang out a few scripts so that when the strike is overm we can get a jump on things?

[thalaw2]

Even if they can...what's the incentive?  A job well done?

[stumpy]

If they are paid per script, which I think is the case sometimes, then they would be doing it for the money, as usual. I assume bredon7777 wonders whether there is any union rule that prevents the writers from working on scripts that they could sell after the strike ends.

And, of course, I have no idea what the rules between the union and the studios and networks are. But, I think it would be a smart idea, though. That way, the writers could help recoup some of the income they are foregoing during the strike and the networks would be able to air new shows more quickly and keeping ratings (and advertising revenues) up.

[GogglesPizanno]

A bigger problem for writers coming up, is the looming Directors and Actors strike set to go into effect in May or June (I think). Its the reason that every actor and director is trying to line up a gig and get shooting now. The common theory I heard was that if the writer strike wasn't resolved before years end, It was gonna go on till at least June because even if the writers could get back to writing, by the time the studios could rehire people, get scripts written and ramp up for production (this season of TV is all but a wash), they would just have to shut down as directors and actors walked.

So basically I think all writers are probably writing something in their spare time (Spec Script, Treatments, the great American novel etc...). When the strike ends I don't think there is any rule that says they cant try and sell that work...Everything they wrote is basically "Something I wrote a while back and stuck in a drawer" As to whether the studio will buy them is an entirely different story.

In any event we should all be prepared for the onslaught of nothing but Reality TV, and hastily put into production films for the next year or so....

[Mr. Hamrick]

Wondering if anyone in the entertainment industry can answer this question:

Can the writers still write for themselves?  I mean, if I'm a writer for Show X, can me and my friends get together on a Friday night and bang out a few scripts so that when the strike is over we can get a jump on things?

Are you and your friends part of the union?  If so, then while you technically could there would be no guarantee that you'd be able to use those scripts that you wrote during the strike when the strike is over.  The act of doing so would me that you violated union rules and you and your friends would likely be kicked out of the union. 

IF you and your friends are non-union then you could write as many scripts for "Show X" that you wanted.  However, there is no guarantee that those scripts will be bought. Some shows will only buy scripts from WGA members.  However, some shows will still buy spec scripts from a freelancer.  They may even buy the full script.  Star Trek: TNG and I believe DS9 were very good about buying scripts from new writers (if they were good scripts).  I have script templates for CSI, Family Guy, 24 but I wager 24 doesn't do much buying because of the nature of the show.  You'd have to find out from the company that produces the show.

Now, as for us non-union chaps go . . . and for how much longer I will be non-union remains to be seen.  Let's see when the strike is over, first. 

A bigger problem for writers coming up, is the looming Directors and Actors strike set to go into effect in May or June (I think). Its the reason that every actor and director is trying to line up a gig and get shooting now. The common theory I heard was that if the writer strike wasn't resolved before years end, It was gonna go on till at least June because even if the writers could get back to writing, by the time the studios could rehire people, get scripts written and ramp up for production (this season of TV is all but a wash), they would just have to shut down as directors and actors walked.

Now to address this further, because Goggles brings up a few really good things here.

The Actors and Directors Strike ONLY AFFECTS STUDIO and SAG AND DGA AFFLIATED PRODUCTIONS.  This is an important note.  What this means is that a non-union project could use SAG eligible actors working for a reduced rates on a variety of independent film projects, particularly in states that are "right to work states" like GA.  This one of the boons of being based out of Atlanta for me. 

My personal opinion is that a LOT of good work could come out of this for the industry as a whole if people were smart.  I'm not going to hold my breathe on that, though.  The best that I am hoping for is that a lot of good indie films are made that will cover the gaps.  It's happened in the past.  It was the best thing to happen to Hollywood in years the last time it happened.

So basically I think all writers are probably writing something in their spare time (Spec Script, Treatments, the great American novel etc...). When the strike ends I don't think there is any rule that says they cant try and sell that work...Everything they wrote is basically "Something I wrote a while back and stuck in a drawer" As to whether the studio will buy them is an entirely different story.

The studio is not where the worry is, it's the union.  As I said before, if they are caught crossing the picket line then they may wind up not being able to work ANYWHERE as a scriptwriter for a long while.  The studios are usually hesitant about working with non-union writers who do not have an agent or who are not proven on some level.  There is a stronger unwillingness to work with a writer who has been kicked out of the union.  There are exceptions but that's the general rule. 

Having said that, the rule only applies to SCRIPTS!  This is directly from Neil Gaiman.  His membership with the WGA has no affect on his ability to finish the novel he is working on or any other writing based commissions that he owes anyone.  There you go.

In any event we should all be prepared for the onslaught of nothing but Reality TV, and hastily put into production films for the next year or so....

And as someone who may be working on a reality show soon, I ask you . . . "Why should I have a problem with this?"

[GogglesPizanno]

Wow. Everything we ever wanted to know and then some!

And as someone who may be working on a reality show soon, I ask you . . . "Why should I have a problem with this?"

From the standpoint of you getting work?
... Awsome

Form the standpoint of me having to watch reality TV shows?
... uh...  :banghead:

Im stickin with my Netflix  ;)

[Mr. Hamrick]

Wow. Everything we ever wanted to know and then some!

And as someone who may be working on a reality show soon, I ask you . . . "Why should I have a problem with this?"

From the standpoint of you getting work?
... Awsome

Form the standpoint of me having to watch reality TV shows?
... uh...  :banghead:

Im stickin with my Netflix  ;)

Honestly, I am kinda sick of reality shows myself.  But hey, it's work.   

I keep meaning to open a netflix account, just haven't gotten around to it.  Particularly since I am not a big fan of Blockbuster.


Oh yeah and one more note:

The batch of "hastily put into production films" won't likely hit till 2009 any worse than usual.  I don't see much good in the works for the first quarter of 2009 though unless the writers' strike ends soon. 

 

[bredon7777]

Wondering if anyone in the entertainment industry can answer this question:

Can the writers still write for themselves?  I mean, if I'm a writer for Show X, can me and my friends get together on a Friday night and bang out a few scripts so that when the strike is over we can get a jump on things?

Are you and your friends part of the union?  If so, then while you technically could there would be no guarantee that you'd be able to use those scripts that you wrote during the strike when the strike is over.  The act of doing so would me that you violated union rules and you and your friends would likely be kicked out of the union. 

Wow, that just seems really stupid and short-sighted, to be honest.  I mean, I can understand not giving what I and my friends write to a studio while the strike is ongoing; but to tell me I can't just fill up my hard drive with stuff to use afterwards !?!  That's a crock- I'd probably do it anyway and just lie about the date I wrote something.

[catwhowalksbyhimself]

I keep meaning to open a netflix account, just haven't gotten around to it.  Particularly since I am not a big fan of Blockbuster.

I'd definitely recommend Netflix.  I'm happy with it, and their watch online service is incredibly fast for its resoltion.

Blockbuster's online service is designed solely to run Netflix out of buisiness.  There are losing millions by doing so, but hope to gain in the long run by being able to raise prices/reinstate late fees.  I don't know about you, but I happen to be fond of the little guy.

[bredon7777]

A bigger problem for writers coming up, is the looming Directors and Actors strike set to go into effect in May or June (I think). Its the reason that every actor and director is trying to line up a gig and get shooting now. The common theory I heard was that if the writer strike wasn't resolved before years end, It was gonna go on till at least June because even if the writers could get back to writing, by the time the studios could rehire people, get scripts written and ramp up for production (this season of TV is all but a wash), they would just have to shut down as directors and actors walked.

It was always going to go on till June- thats why the original (and, may I add far smarter plan) was for all three guilds to strike together; a move I still think would (and still may) force the studios to cave within a week.

While on issues, I am wholly on the writers side; I maintain the only thing that going on strike when they did will accomplish will be to drain their own financial resources and public sympathy.  Yes, the writers enjoy massive sympathy now, but let's see how long that last as the American public gets buried under wave after wave of crappy reality TV (No offense, Mr. H)

[Uncle Yuan]

I keep meaning to open a netflix account, just haven't gotten around to it.  Particularly since I am not a big fan of Blockbuster.

I'd definitely recommend Netflix.  I'm happy with it, and their watch online service is incredibly fast for its resoltion.

Blockbuster's online service is designed solely to run Netflix out of buisiness.  There are losing millions by doing so, but hope to gain in the long run by being able to raise prices/reinstate late fees.  I don't know about you, but I happen to be fond of the little guy.

Not to mention Netflix blows Blockbuster's selection out of the water!

[steamteck]

[

It was always going to go on till June- thats why the original (and, may I add far smarter plan) was for all three guilds to strike together; a move I still think would (and still may) force the studios to cave within a week.

While on issues, I am wholly on the writers side; I maintain the only thing that going on strike when they did will accomplish will be to drain their own financial resources and public sympathy.  Yes, the writers enjoy massive sympathy now, but let's see how long that last as the American public gets buried under wave after wave of crappy reality TV (No offense, Mr. H)

I have to agree with you. I really have to admit I don't know the issues but it seems to me short sighted for the industry as a whole. The public is behind them as long as there's not much impact. Any strike that goes on to long loses sympathy anyway. Any group that repeatedly strikes in a short period of time loses more sympathy and credibility.  I also wonder if when they return people will look more critically at poor writing ( I know they won't but that would be great!)

[thalaw2]

I maintain the only thing that going on strike when they did will accomplish will be to drain their own financial resources and public sympathy.  Yes, the writers enjoy massive sympathy now, but let's see how long that last as the American public gets buried under wave after wave of crappy reality TV (No offense, Mr. H)

Really?  People sympathize with the writers?  I need to check in to this a little more....I had more sympathy a few years back with the store workers were striking over free health insurance. 

Is it me or does anyone else think that if the writers get what they want then we'll lose even more privacy?

EDIT:  I just did my homework and now i see that the writers are not so unreasonable after all if all they want is their names in the credits and an extra 4 cents per DVD. 

[Ajax]

I maintain the only thing that going on strike when they did will accomplish will be to drain their own financial resources and public sympathy.  Yes, the writers enjoy massive sympathy now, but let's see how long that last as the American public gets buried under wave after wave of crappy reality TV (No offense, Mr. H)

Really?  People sympathize with the writers?  I need to check in to this a little more....I had more sympathy a few years back with the store workers were striking over free health insurance. 

Is it me or does anyone else think that if the writers get what they want then we'll lose even more privacy?

EDIT:  I just did my homework and now i see that the writers are not so unreasonable after all if all they want is their names in the credits and an extra 4 cents per DVD. 

It's also about getting a percentage of "alternate mediums", such as airplanes, internet, and etc. Though how much that will change their paycheck is up for debate. At first I was for the writers, but now I'm starting to feel sorry for those writers who were dragged into this because they are WGA members and dislike those who are forcing this to go longer than it has too. I'm sure there are alot of writers who are hurting financially now.

[thalaw2]

ah....that's what I wasn't able to get that confused me...the "alternate mediums".  If it is somehow possible to track every user using the Internet to watch a TV show or movie....that seems scary.

[Mr. Hamrick]

ah....that's what I wasn't able to get that confused me...the "alternate mediums".  If it is somehow possible to track every user using the Internet to watch a TV show or movie....that seems scary. 

the "alternate mediums" relating to the internet include things like downloading movies off of ITunes and renting off of sites that allow the download rental thing (mind is blank on names of sites).  It also includes streaming broadcasts such as when we watch an episode of Heroes online or whatever show.  As for the tracking issue, it's no different than tracking a user using an IP address to see how many hits a page gets or a website gets.  Or any other tracking of internet traffic with relations to people visiting a site. 

[stumpy]

I don't blame the writers for wanting a bigger piece of DVD sales and a chunk of online sales. Both sides of this want to get the most they can from it, which is fine. Wherever the market is now for those things, eventually someone will make some money from them and it's the writers prerogative to negotiate for as much of that as they can get, just as it's the networks' prerogative to try and keep as much of it as they can.

Of course, not that the entertainment business has to be that way. It's not as though the payment mechanism for every product has to be based on residuals. If I design a web site, I get paid for the work to design (and possibly to maintain) it, but I don't get a cut of everyone who sees an ad on it or buys something from it. I did the work once and I get paid for it once. Residuals are a way to spread out the risks and rewards for the financial success of the product. For example, if a web site is going to be expensive and the client isn't sure they are going to get their money back from it, I might propose a deal where they pay me a lower amount up front and then I get a certain cut of the continuing proceeds. That way I might take a bath if the site fails but I might do quite well if it's a big hit. (BTW, I don't do website design, but I have and I know people who do.) The residuals model can be a fine one, but it's not as though the fact that it's used for broadcast of movies and TV shows implies that it's the only model anyone can accept in the entertainment business.


But, this is one of those areas where it's important to remember a broader truth. In the long run, companies, unions, governments, and institutions of any sort rarely actually carry any costs themselves. Only individuals do and that almost always means end-users or consumers. For example, $0.04 per episode might mean an extra $1 per season's DVD set for a TV series with a full season of episodes. That's money that will come from consumers in a fairly obvious way. Similarly, but not so transparently, if the networks have to charge advertisers more for ads on the "free" TV show download pages, then those advertisers will pass that cost along to consumers. (That assumes that letting people watch shows online is still economically viable, of course. Otherwise, they will disappear.) The point is: in the long term, in some way or other, the costs of this will be borne by the people who buy the DVDs, watch shows online, download movies, buy the products that advertise on the network sites, etc. Which is fine, of course; if people don't think they are getting their money's worth, they don't have to buy the product. I'm just saying that no one should fool themselves into thinking that the networks are just going to soak this up.

[OutsiderNo11]

One thing that folks don't realize is that if the writers get their way, then there will be more and more ads in online streaming and DVD prices will go up a dollar or two.  If folks think for one second that the producers will let their own profits suffer because they have to give their writers more money, think again.

But, to paraphrase Joel Surnow of 24 fame, it's really hard to feel sorry for people when they show up to the picket line in luxury cars.  I couldn't agree more.  I mean, after all, they could have gotten more money from the studios if they had just had been content with what they had gotten in the first place.  As the medium for entertainment changes, contracts would have been renegotiated and the studio would have had to give them more money based on Internet distribution and DVD sales.  Instead, they whined about their "lack" of money and profit and decided to go on strike.  If I were a business owner and my workers went on strike, I'd fire them all and look for new staff.  I still don't know why the studios haven't done this yet because there are plenty of talented writers out there who never get in to the entertainment business.

Shoot, there have been plenty of posters here on this board who have had really good ideas for many decent shows out there.

[Previsionary]

One thing that folks don't realize is that if the writers get their way, then there will be more and more ads in online streaming and DVD prices will go up a dollar or two.  If folks think for one second that the producers will let their own profits suffer because they have to give their writers more money, think again.

But, to paraphrase Joel Surnow of 24 fame, it's really hard to feel sorry for people when they show up to the picket line in luxury cars.  I couldn't agree more.  I mean, after all, they could have gotten more money from the studios if they had just had been content with what they had gotten in the first place.  As the medium for entertainment changes, contracts would have been renegotiated and the studio would have had to give them more money based on Internet distribution and DVD sales.  Instead, they whined about their "lack" of money and profit and decided to go on strike.  If I were a business owner and my workers went on strike, I'd fire them all and look for new staff.  I still don't know why the studios haven't done this yet because there are plenty of talented writers out there who never get in to the entertainment business.

Shoot, there have been plenty of posters here on this board who have had really good ideas for many decent shows out there.

They're probably not hiring new writers because "Scab" writers get some of the worse [usually] reputations in Hollywood and won't be able to find a job as an entertainment writer for a very long time. Also, were *they* not content for years before going on with this strike? Suffice to say, not very many writers are driving around in luxuriousness. I think you really overestimate how much a writer makes with the work they do as compared to, say, actors or directors/producers who can earn a large amount of money in a shorter amount of time [IE: getting $200,000 for every episode an actor appears in, etc.]

[OutsiderNo11]

One thing that folks don't realize is that if the writers get their way, then there will be more and more ads in online streaming and DVD prices will go up a dollar or two.  If folks think for one second that the producers will let their own profits suffer because they have to give their writers more money, think again.

But, to paraphrase Joel Surnow of 24 fame, it's really hard to feel sorry for people when they show up to the picket line in luxury cars.  I couldn't agree more.  I mean, after all, they could have gotten more money from the studios if they had just had been content with what they had gotten in the first place.  As the medium for entertainment changes, contracts would have been renegotiated and the studio would have had to give them more money based on Internet distribution and DVD sales.  Instead, they whined about their "lack" of money and profit and decided to go on strike.  If I were a business owner and my workers went on strike, I'd fire them all and look for new staff.  I still don't know why the studios haven't done this yet because there are plenty of talented writers out there who never get in to the entertainment business.

Shoot, there have been plenty of posters here on this board who have had really good ideas for many decent shows out there.

They're probably not hiring new writers because "Scab" writers get some of the worse [usually] reputations in Hollywood and won't be able to find a job as an entertainment writer for a very long time. Also, were *they* not content for years before going on with this strike? Suffice to say, not very many writers are driving around in luxuriousness. I think you really overestimate how much a writer makes with the work they do as compared to, say, actors or directors/producers who can earn a large amount of money in a shorter amount of time [IE: getting $200,000 for every episode an actor appears in, etc.]

I don't think I am overestimating, just paraphrasing what a producer said.  I don't know the entertainment business and who gets paid what.  I'm sure that producers, directors, and actors get paid more then writers, but I do not know by how much.  My main point, however, was that these writers should be content with what they have and wait until the Internet streaming medium booms and then start asking for more money.  Or the producers and upper management types will give them more money.

[thalaw2]

I don't think I am overestimating, just paraphrasing what a producer said.  I don't know the entertainment business and who gets paid what.  I'm sure that producers, directors, and actors get paid more then writers, but I do not know by how much.  My main point, however, was that these writers should be content with what they have and wait until the Internet streaming medium booms and then start asking for more money.  Or the producers and upper management types will give them more money.

It is booming!  That is the International market for American produced TV shows is huge.  Shows like Prison Break, Ugly Betty, and (though i despise it) Friends are hugely successful overseas.  The American market is very small when you consider that here in China the number of Internet users is almost that of the entire population of the U.S....and that's just China.  There are a number of sites that allow users to stream these TV shows and they are translated with subtitles (thankfully not voice overs) and there are no closing credits.   Also, Hollywood is starting to take a hit from Bollywood cutting into profits.  I heard, and correct me if I'm wrong, Bollywood produced and distributed more movies than Hollywood last year. 

If the writers are looking for a share of that international pie then that means somehow it will have to be determined what constitutes a full download or viewing of the TV show.  To help with that there may be some piece of software introduced that looks cute and is "unintrusive".   

[Ajax]

I don't think I am overestimating, just paraphrasing what a producer said.  I don't know the entertainment business and who gets paid what.  I'm sure that producers, directors, and actors get paid more then writers, but I do not know by how much.  My main point, however, was that these writers should be content with what they have and wait until the Internet streaming medium booms and then start asking for more money.  Or the producers and upper management types will give them more money.

It is booming!  That is the International market for American produced TV shows is huge.  Shows like Prison Break, Ugly Betty, and (though i despise it) Friends are hugely successful overseas.  The American market is very small when you consider that here in China the number of Internet users is almost that of the entire population of the U.S....and that's just China.  There are a number of sites that allow users to stream these TV shows and they are translated with subtitles (thankfully not voice overs) and there are no closing credits.   Also, Hollywood is starting to take a hit from Bollywood cutting into profits.  I heard, and correct me if I'm wrong, Bollywood produced and distributed more movies than Hollywood last year. 

If the writers are looking for a share of that international pie then that means somehow it will have to be determined what constitutes a full download or viewing of the TV show.  To help with that there may be some piece of software introduced that looks cute and is "unintrusive".   

If I recall correctly America is third in the world in terms of movies produced, first being HK and second being Bollywood. But America has a higher presence in the international market than both. If you look at foreign box office you will see alot of American movies in the top spots, even movies that did poorly here do better overseas than the stuff they make over there.

[Previsionary]

BUMP!

For those of you that aren't, and are, keeping up with this whole ordeal, new episodes have been annouced for several shows and the strike is said to be "unofficially" over and if everything goes correctly, it'll be officially over soonish. Hopefully all of this news is true because reality tv can only go so far.

[Podmark]

BUMP!

For those of you that aren't, and are, keeping up with this whole ordeal, new episodes have been annouced for several shows and the strike is said to be "unofficially" over and if everything goes correctly, it'll be officially over soonish. Hopefully all of this news is true because reality tv can only go so far.

Oh I really hope so.

[Mr. Hamrick]

This morning, the WGA sent an email to its members announcing a tentative deal with the AMPTP. Attached is the letter, along with the terms of the tentative agreement.

"To Our Fellow Members,

We have a tentative deal.

It is an agreement that protects a future in which the Internet becomes the primary means of both content creation and delivery. It creates formulas for revenue-based residuals in new media, provides access to deals and financial data to help us evaluate and enforce those formulas, and establishes the principle that, "When they get paid, we get paid."

Specific terms of the agreement are described in the summary at the following link - http://www.wga.org/contract_07/wga_tent_summary.pdf - and will be further discussed at our Saturday membership meetings on both coasts. At those meetings we will also discuss how we will proceed regarding ratification of this agreement and lifting the restraining order that ends the strike. Details of the Los Angeles meeting can be found at http://www.wga.org/subpage_member.aspx?id=2763.

Less than six months ago, the AMPTP wanted to enact profit-based residuals, defer all Internet compensation in favor of a study, forever eliminate "distributor's gross" valuations, and enforce 39 pages of rollbacks to compensation, pension and health benefits, reacquisition, and separated rights. Today, thanks to three months of physical resolve, determination, and perseverance, we have a contract that includes WGA jurisdiction and separated rights in new media, residuals for Internet reuse, enforcement and auditing tools, expansion of fair market value and distributor's gross language, improvements to other traditional elements of the MBA, and no rollbacks.

Over these three difficult months, we shut down production of nearly all scripted content in TV and film and had a serious impact on the business of our employers in ways they did not expect and were hard pressed to deflect. Nevertheless, an ongoing struggle against seven, multinational media conglomerates, no matter how successful, is exhausting, taking an enormous personal toll on our members and countless others. As such, we believe that continuing to strike now will not bring sufficient gains to outweigh the potential risks and that the time has come to accept this contract and settle the strike.

Much has been achieved, and while this agreement is neither perfect nor perhaps all that we deserve for the countless hours of hard work and sacrifice, our strike has been a success. We activated, engaged, and involved the membership of our Guilds with a solidarity that has never before occurred. We developed a captains system and a communications structure that used the Internet to build bonds within our membership and beyond. We earned the backing of other unions and their members worldwide, the respect of elected leaders and politicians throughout the nation, and the overwhelming support of fans and the general public. Our thanks to all of them, and to the staffs at both Guilds who have worked so long and patiently to help us all.

There is much yet to be done and we intend to use all the techniques and relationships we've developed in this strike to make it happen. We must support our brothers and sisters in SAG who, as their contract expires in less than five months, will be facing many of the same challenges we have just endured. We must further pursue new relationships we have established in Washington and in state and local governments so that we can maintain leverage against the consolidated multinational conglomerates with whom we bargain. We must be vigilant in monitoring the deals that are made in new media so that in the years ahead we can enforce and expand our contract. We must fight to get decent working conditions and benefits for writers of reality TV, animation, and any other genre in which writers do not have a WGA contract.

Most important, however, is to continue to use the new collective power we have generated for our collective benefit. More than ever, now and beyond, we are all in this together."

Best,

Patric M. Verrone
President, WGAW

Michael Winship
President, WGAE


SUMMARY OF THE TENTATIVE
2008 WGA THEATRICAL AND TELEVISION BASIC AGREEMENT
This is not a complete summary. The Memorandum of Agreement shall prevail in the case of any inconsistency.
Term of Agreement
From resumption of work through May 1, 2011.

Minimums

Minimum rates generally increase 3.5% each year. The exceptions are: network prime time rates and daytime serial script fees increase 3.0% each period; program fees and the upset price increase once by 3% in the second year; and clip fees increase once by 5% in the third year.

Writing for Made-for New Media

Coverage: The WGA is recognized as the exclusive bargaining representative for writing for new media (such as Internet or cellular technology). Writing for new media is covered by the MBA if:
(1) it is written by a "professional writer" (anyone with a single TV or screen credit, 13 weeks of employment in TV, film or radio, a professionally produced stage play credit or a published novel) or
the program is derivative of an MBA-covered program or
(3) if the budget is above any of three thresholds: $15,000 per minute; $300,000 per program; or $500,000 per series order. If initially not covered due to the projected budget but later costs exceed a threshold, the program/series is covered retroactively.

Compensation: If a new media program is derivative of an MBA-covered program, minimums for initial compensation apply. The minimum for derivative dramatic programs is $618 for programs up to two minutes, plus $309 for each additional minute. The minimum for derivative comedy-variety and daytime serials is $360 for programs up to two minutes, plus $180 for each additional minute. The minimum for all other types of derivative programs is $309 for programs up to two minutes, plus $155 for each additional minute. Regardless of the length of the program initial compensation can be no less than the two minute rate. For original programs initial compensation is negotiable.

Pension and Health Insurance: MBA pension and health provisions apply to all coveredwriting for new media programs.

Credits: The Guild shall determine credits on all covered new media programs. Credits must appear on-screen (or on a link to the program) if anyone else receives such credit.

Television Reuse: If a covered new media program is reused in traditional media, the usual residuals for a television program apply with minor modifications.


Separated Rights: Creators of original new media material are protected as follows:
(1) If you create an Internet program that becomes a TV series or feature film which you write, traditional separated rights apply.
If you write original material for an Internet program and the Company wants to use it for a TV series or feature film to be written by someone else, the Company must purchase rights from you. The Company may acquire the rights at any time, but separate compensation must be paid. If you want to sell those rights to another studio, the Company has a right of first refusal.
(3) If you create an Internet program that is the equivalent of a traditional TV series over $25,000 per minute and 20 minutes in length) you are entitled to the same rights as in  above, plus sequel payments for each Internet episode based on your program.

Internet Residuals: Initial compensation covers writing services and 13 weeks of availability in new media when the viewer does not pay, and 26 weeks of availability in new media when the viewer pays. After those periods, certain residuals are payable: (i) if a new media program derived from an MBA-covered program or an original new media program with a budget higher than $25,000 per minute is reused in new media, the new media reuse provisions described below apply, except that electronic sell-through is paid at 1.2% of distributor's gross receipts; and (ii) for original new media programs, the residual for ad-supported streaming is negotiable, while reuse where the viewer pays is compensated at 1.2% of distributor's gross receipts.
Other Guild Provisions: A number of standard guild provisions apply to all covered new media programs: Guild shop (writers must join the WGA), no-strike/no-lockout, grievance and arbitration, and timely payment.

Reuse in New Media

Distributor's Gross Receipts: All revenue-based residuals in new media employ a definition of "distributor's gross" which eliminates the accounting uncertainty inherent in the concept of "producer's gross" as found in the home video/DVD formula.

Download Rentals: If the viewer pays for limited new media access to a program, residuals are paid at the rate of 1.2% of distributor's gross receipts.

Download Sales (Electronic Sell-Through): If the viewer pays for permanent use of the program, residuals are paid at 0.36% of distributor's gross receipts for the first 100,000 downloads of a television program and the first 50,000 downloads of a feature. After that, residuals are paid at 0.7% of distributor's gross receipts for television programs and 0.65% for feature films.

Theatrical Ad-Supported Streaming: Ad-supported streaming of feature films produced after July 1, 1971 is payable at 1.2% of distributor's gross receipts.

Television Ad-Supported Streaming (Library): Ad-supported streaming of television programs produced after 1977 (and a small number produced prior to 1977) are payable at 2% of distributor's gross receipts.

Television Ad-Supported Streaming (New Programs): Ad-supported streaming of television programs is payable at 2% of distributor's gross receipts one year from the end of an initial streaming window.

Initial Streaming Window: There is an initial window of 17 days (24 days for episodes of the first season of a series, one-off television programs, and MOWs) with no residual. This window must include or occur contiguous to the initial television exhibition.

Residual Payment (Network Prime Time): In the first and second years of this contract, after the initial window, for network prime time television programs, a fixed residual of 3% of the residual base ("applicable minimum") is paid for each of up to two 26-week periods. For an hour program, this fee is $654 per period in the first year of the contract; $677 per period in the second year. For a half-hour the figures are $360 and $373. In the third year of this contract, the 2% of distributor's gross formula is applied immediately after the initial streaming window. The contract sets an imputed value for up to 26 weeks of such distributor's gross at $40,000 for an hour program and $20,000 for a half hour program. So, for the third year the formula pays a residual of $800 for an hour program and $400 for a half hour program for each potential 26-week period in the year after the initial streaming window. If the Network's exclusivity expires prior t! o one year after the end of the initial window, the 2% of distributor's gross receipts begins without the imputed value. In the case of a 26-week period being truncated by the end of the year after the end of the initial streaming window, the payment is prorated.

Residual Payment (All Other Programs): After the initial streaming window, a fixed residual of 3% of the residual base (the "applicable minimum") is paid for each of up to two 26-week periods in the first two years of this contract. In the third year of this contract, the payment rate rises to 3.5% of the residual base.

Fair Market Value: New media residuals based on transactions between related parties are subject to a test of reasonableness when compared to transactions between unrelated parties. Access to Information: The companies agree to provide the Guild with access to new media deals and distribution statements, without redaction, and usage data during the term of the contract.

Clips: Clips are defined as excerpts of less than five minutes for episodic TV or ten minutes for features or long-form TV. A company can use a clip for a promotional purpose without payment. Where a clip is not promotional and the viewer does not pay, the fee for the clip in new media is paid at the rate of the lesser of $50 or the residual payable under the Reuse Sideletter for a clip under two minutes; the lesser of $150 or the residual payable the Reuse Sideletter for a clip between two and four minutes; and for a clip longer than four minutes, the residual payable under the Reuse Sideletter. Where the viewer pays, the fee for use of a clip is 1.2% of distributor's gross receipts.

Promotion: A clip can be used without payment to promote theatrical, television or new media exhibition if the clip contains "tune-in", rental or purchase information. No payment is due for non-commercial "viral" release of clips from a theatrical or television motion picture. Promotion
does not include the use of clips if the primary purpose of the exhibition is to permit viewing of archived or aggregated clips on a new media site (e.g., dailyshow.com).

Pension and Health Fund Provisions

Health Fund: The contribution rate shall continue to be 8½% from the start of the contract through September 30, 2008. The contribution rate shall be 8% for the period of October 1, 2008 through March 31, 2009. Thereafter the rate shall return to 8½%. A sideletter resolves a pending dispute about the Health Fund contribution rate.

Pension Fund: The contribution rate remains at 6% for this contract.

Contribution Caps: For theatrical motion pictures and long-form television motion pictures, the ceiling on which Pension Plan contributions are based is increased to $225,000 ($450,000 for team of 3). For long-form television motion pictures, the ceiling on which Health Fund contributions are based is increased to $250,000 ($500,000 for a team of 3). A cap of $350,000 ($700,000 for a team of 3) is established as the ceiling on which Pension Plan and Health Fund contributions are based for daytime serial writers.

Other: The Guild and the Companies will jointly fund a study of new IRS regulations. We agreed how contributions will be paid when a writer is employed on a development deal under Article 14.E.2. and, under the same contract, is employed to perform Article 14.K. services on a series for which the writer receives additional money which is not creditable.

Other Provisions

Made-for Pay TV Residuals: The annual residual payments increase from $3,000 to $3,500 for a half-hour program and from $5,000 to $6,000 for an hour program.

Product Integration: The company will consult with the showrunner when a commercial product is to be integrated into the storyline of an episode of a dramatic series.

Showrunner Training Program: The AMPTP and Networks will increase funding for this program to: $225,000 for year 1 of the MBA; $150,000 for year 2; and $150,000 for year 3.

Television Recap Clips: The total length of clips that can be used to recap the story in a 60-minute or longer program is extended from 90 seconds to 3 minutes before requiring payment.

Tri-Guild Audit Fund: The companies renew the funding of the Tri-Guild Audit Fund.

Residuals Reporting/Electronic Data Transfer: Each company shall meet with the Guild to establish a method of transfer for electronic reporting of residuals information.

Lists of Arbitrators: Arbitrators were added to the lists by both the Guild and the companies.

Foreign Remakes: Alternative terms were agreed for foreign remakes of MBA-covered scripts.

Limited Syndication of Half-Hour Programs: A little-used sideletter specifying a discounted residual for half hour series in limited syndication was renewed.

Television Separated Rights for a Derivative Theatrical Film: The company has an opportunity to match an offer to purchase feature film rights from the separated rights holder.

Committee on Alternative Digital Broadcast Channels: The Guild agreed to participate in a committee to explore the use of alternative digital broadcast channels.

[Protomorph]

It's Over!!!!


Get those lazy writers back to work!!! We need new shows to watch.

All that time on the line, they should all be bursting with new ideas by now.

[stumpy]

Yeah, I wonder what kind of ideas they'll have...

NEXT SEASON ON HEROES: Mohinder is fed up with bad-faith practices by management at The Company and organizes the specials into a union. After negotiations break down over how much Wireless should be paid for work done online, the heroes strike. The extended walk-out cripples The Company, and even non-Company specials honor the strike, culminating with Sylar refusing to take over the world until Hiro and Peter are paid residuals for each time they visit a given time period. Will Mohinder do something unbelievably stupid during contract talks? Will Bob "Needlenose Ned" Bishop refuse to pay? Will West fly himself and Claire over a stadium packed with World Series fans and be shocked to be have 47,189 digital images of the two of them captured? Tune in to find out...

;)

[Mr. Hamrick]

Yeah, I wonder what kind of ideas they'll have...

NEXT SEASON ON HEROES: Mohinder is fed up with bad-faith practices by management at The Company and organizes the specials into a union. After negotiations break down over how much Wireless should be paid for work done online, the heroes strike. The extended walk-out cripples The Company, and even non-Company specials honor the strike, culminating with Sylar refusing to take over the world until Hiro and Peter are paid residuals for each time they visit a given time period. Will Mohinder do something unbelievably stupid during contract talks? Will Bob "Needlenose Ned" Bishop refuse to pay? Will West fly himself and Claire over a stadium packed with World Series fans and be shocked to be have 47,189 digital images of the two of them captured? Tune in to find out...

;)

rotflmao   :roll: :popcorn2 :hcboot