DGA, AMPTP reach tentative deal

[RoboDad]

For those following the Hollywood writers' strike, I just learned this bit of related news that you might find interesting.

https://www.hollywoodreporter.com/hr/content_display/news/e3ie91c1931d83c8dc87d6475d05d3b7aed

DGA locks down deal

By Carl DiOrio

Jan 17, 2008

The DGA has accomplished in six days what the WGA hasn't in six months: secured a deal from studio reps the guild says it can take to its members.

Whether WGA brass will feel similarly positive about the terms the DGA secured is another matter. But on Thursday, the directors announced a new three-year tentative agreement with the Alliance of Motion Picture of Motion Picture & Television Producers that would deliver:

-- Increases in wages and residual bases for each year of the contract.

-- DGA jurisdiction over programs produced for distribution on the Internet.

-- New residuals formula for paid Internet downloads (electronic sell-through) that essentially doubles the rate currently paid by employers.

-- Residual rates for ad-supported streaming and use of clips on the Internet.

Key new-media provisions appear substantial.

The agreement more than doubles the current residual on downloads of TV programming and boosts film residuals on downloads by 80%, officials said. A roughly $600 payment for ad-supported streaming kicks in after the first 17 days of streaming, followed by additional payments after 26 weeks totaling $1,200 for a year's worth of streaming.

"Two words describe this agreement -- groundbreaking and substantial," said Gil Cates, chair of the DGA's Negotiations Committee, in announcing the terms of the agreement. "The gains in this contract for directors and their teams are extraordinary -- and there are no rollbacks of any kind."

The WGA, which launched since-aborted talks with the AMPTP on July 16, has been out of contract since Oct. 31 and on strike since Nov. 5. The AMPTP has refused to negotiate further with the writers since Dec. 7, when it demanded that the WGA remove demands including reality TV and animation jurisdiction and the right to stage sympathy strikes.

There was no comment from the WGA on news of the DGA-AMPTP agreement.

What I am curious about is what kind of pressure this puts on the WGA, if the same offer is extended to them. I also find it interesting that, after all of the claims that the AMPTP has been the greedy, unyielding side, this agreement appears to include all of the significant items that the WGA was seeking. That tells me that all that stands between the WGA and an agreement are the reality and animation issues, which, IMO, are an example of asking for too much too soon.

It also implies that the WGA's alleged plan for a larger-scale strike to put pressure on the AMPTP is basically scuttled.

 

[Darklord Dave]

This agreement includes something I never thought we'd see - revenue sharing on ad-based downloads. That's unprecedented and the WGA should jump on this.

However it does seem the DGA was far less demanding. The delays on when the fees kick-in for downloads is something the WGA was trying to avoid. After all - if you're going to download Heroes, it's probably not going to be 17 days it's first posted, right?

But this is a major stepping stone for the writers - I can start to see the dynamite that will blast the hole in the mountain where the tunnel will be built with the light at the end of it.

 

[RoboDad]

I can start to see the dynamite that will blast the hole in the mountain where the tunnel will be built with the light at the end of it.

 

[pjam]

Most of us Writers are waiting for an analysis by our WGA Negs...

On the face of it, it seems more of a metric to use than any template. That is, a platform to work from...

WGA and DGA have completely different needs and the past history of DGA deals has been detrimental to WGA and SAG.

EST formulas(electronic sell though) will be a major sticking point here. We are asking and making deals for 2.5% now, this seems far below that and will probably not pass muster IMO. NBC alone expects to reach 1 Billion this year in Internet income... but the AMPTP did finally address this issue, something they have not done in the past with us.

Does it put pressure on the WGA? Absolutely not, that is what the Companies' PR machines want everyone to believe. Writers are well informed with the issues here and we won't agree to any deals based on this deal alone.

The DGA knows they can't get back to work if WGA and SAG don't make a deal with AMPTP, so we shall see.

We should have an official response from our Negs in the next day or so, maybe sooner.

 

[Jmlsuperman]

Writers will never get more than Directors or Actors. It's just the way it is.

Writers are never allowed (in most cases) to step foot on film sets. In T.V. most of the time it's the writer of that episode on set, while the others are with the show runner in the office.

The WGA is the weakest of the above the line guilds. I can only hope SAG follows suit and fingercuff the WGA to sign a deal.

Yes it all starts with the written word, but without a Director, Producer, Line Producer, Set Designer, Set Construction, Costumer, etc... nothing would get done. It's a TEAM effort to create a show, it's not just about the writers, they are but the ingredients of the pie, without a cook and crew there is no Pie.

Let this end and let us (the crews) get back to making some of the crappiest T.V. we've ever had on air. Let's roll!! LOL

 

[DouglasMcc]

Most of us Writers are waiting for an analysis by our WGA Negs...

On the face of it, it seems more of a metric to use than any template. That is, a platform to work from...

WGA and DGA have completely different needs and the past history of DGA deals has been detrimental to WGA and SAG.

EST formulas(electronic sell though) will be a major sticking point here. We are asking and making deals for 2.5% now, this seems far below that and will probably not pass muster IMO. NBC alone expects to reach 1 Billion this year in Internet income... but the AMPTP did finally address this issue, something they have not done in the past with us.

Does it put pressure on the WGA? Absolutely not, that is what the Companies' PR machines want everyone to believe. Writers are well informed with the issues here and we won't agree to any deals based on this deal alone.

The DGA knows they can't get back to work if WGA and SAG don't make a deal with AMPTP, so we shall see.

We should have an official response from our Negs in the next day or so, maybe sooner.

This comes from someone outside the loop ... but I think it puts major public pressure on the WGA. I believe you about the needs and precentages ... you would know those as opposed to us. However, a strike of this kind is as much public opinion as it is legal wrangling. That's why both sides keep running to the public asking them to "understand how unreasonable" the other side is. So, the general public sees an article like the one above and thinks, "wait, so the director's guild got done in 6 days what the writer's guild couldn't accomplish in 6 months ... maybe the AMPTP isn't the greedy side in this fight." I am not saying that's the truth. But I promise you that will become public perception in the near future thanks to the DGA deal. Negative public opinion will put stress on SAG as well ... especially since an actor's "power" as it was, is based on their public image. I could see SAG backing away from publicly supporting the WGA and then, if the strike isn't over by June, signing a quick deal themselves. This may be the WGA strike, but a deal with the SAG will kill it with but one pen stroke.

I am not naive enough to believe the studios gave in to the DGA out of kindness and generosity. It was probably a tactical move aimed squarely at public relations. However, I myself, am starting to loose sympathy for the WGA. Sure, I miss my Reaper, Pushing Daisies, 24, etc. ... but it goes deeper than that. What about all the people "below the line" who are going bankrupt and struggling because of the writer's strike? The grips, set designers, costumers, etc.? I would be willing to bet they make a fraction of what even the lowest paid writer does. Yet, they lost their jobs as well. Take my opinion for what it's worth, an outsiders view. However, I think it represents much of the general public at this "turning of the tide". Get this taken care of so EVERYONE can go back to work. Okay, mini-rant over.

 

[pjam]

Well, the initial reaction by the WGA Community pretty much echoes what I said in my earlier post.

This was our first glance analysis...

https://unitedhollywood.blogspot.com/

Read some of the comments, they are quite enlightening.

The AMPTP has a playbook and they were hoping to use this to induce WGA capitulation but their strategy is backfiring badly, again. This is about our financial future and that of everyone else we have fought for over the last 50years. If it weren't for the sacrifices Writers have made many BTL Guilds wouldn't have the benefits they enjoy now, that is a well recognized fact.

As I mentioned the DGA has different needs than SAG and WGA.

Most of my fellow writers are very aware of the AMPTP's strategy, lowball offer now, hope a mediocre offer splits us in March-April, then hopefully a fair deal will be reached before SAG joins us in July.

 

[Agent23]

So how is it looking for more then 8 episodes of LOST or 24 coming back on anytime soon?

 

[pjam]

So how is it looking for more then 8 episodes of LOST or 24 coming back on anytime soon?

Not good. TV production dried up over the last few weeks, most shows have shot their last EPs so I wouldn't expect to see 24 or new Episodes of any shows any time soon. If the Strike lasts another Month, the TV Pilot season may be scuttled as well or rebooted until after the strike. I'd say this season is Lost, and likely this fall's as well unless a deal is done by March which is unlikely.

 

[Agent23]

Thank-you for the update.

 

[Darklord Dave]

Warners and Universal have laid off all producer/writers with term deals and this is where most of the pilots come from. Right now we'd be deep in the pilot pitch season as studios decide what pilots they want to pursue. But that's not happening. And even if the strike ended tomorrow it would take a while for things to get rolling again. So the Fall 08 season is virtually guaranteed to be almost exclusively reality shows.

However it is good news for already written pilots that are on the shelf - AICN reported that the Caprica pilot might be revived!

 

[mfoga]

I hope this can end soon but also have the writers get what they deserve. It seems like that the WGA seem to be looked at low man on the totem pole but a director and actor are as only good as the script. All three have to come together to make a great movie, none of the three can survive without the others. The unfortunate part is that the sad state of at least America that they will watch any crappy reality show a network throws on the TV. If it were not for this a fall back the studios would be a lot more willing to work with the writers I think but they know they can still make money by putting on more crappy reality tv shows.

 

[RoboDad]

Well, it seems my original hunch was a bit closer to the truth than the WGA's initial reaction to the DGA deal would indicate.

There is an article in Variety that reports that the WAG has, in fact, withdrawn their reality and animation demands, and that they now appear willing, and almost eager, to bring the strike to a "speedy conclusion". The general consensus now seems to be that an agreement can be reached before the Academy Awards telecast on Feb 24.