Writers strike sidelines TV, leaves future uncertain

By Max Orenstein
Collegian Staff
November 14, 2007

The Writers Guild of America went on strike Nov. 5 after being unable to reach a routine contract renewal with the Alliance of Motion Picture and Television Producers.

The Writers Guild of America East and the Writers Guild of America West are two labor unions that represent all film, television, radio and “new media” writers in the United States. Both unions issued a strike on the trade organization AMPTP after reaching an impasse over the “minimum basic agreement”—a fundamental contract renewal that is negotiated every three years.

The key issues of controversy inspiring the strike include control over animation and reality programs, royalties of “new media” and DVD residuals.

Original rules did not allow WGA members to write for animated features during a strike. Animated features are not under WGA jurisdiction. However, according to variety.com, the WGA revised this rule and now allows its members to write for animated features without being disciplined. The AMPTP is threatening legal action against the WGA, which could consist of suspension, expulsion, fines and censure

Another source of conflict revolves around royalties involving forms of “new media.” New media includes any streaming, straight-to-Internet content, “on demand” Internet content and “on demand” cable or satellite content. LAtimes.com reports that the AMPTP believes that new media royalties should follow the same format as DVD residuals. The WGA proposed that production companies should owe writers 2.5 percent of all new media earnings. The AMPTP has refused to address the WGA’s proposal.

The WGA originally demanded a doubling of the residual rate for DVD releases. According to WGA member Andy Berman, every DVD sold earns the writers four cents. WGA wants this to be doubled to eight cents, arguing that during times of unemployment income from DVD sales is crucial to their survival. The AMPTP counters that DVD sales are necessary to offset the ever-increasing production and marketing costs of films and television. On Nov. 4, the last night before the WGA instituted the strike, they removed their DVD proposal from the table. The AMPTP reportedly still wouldn’t budge, leaving both sides accusing the other of walking away.

The strike affects over 12,000 writers. The WGA hasn’t authorized a strike since 1988. That strike lasted 22 weeks and cost the entertainment industry an estimated $500 million.

But the landscape of economics was completely different. “Back then we were striking against NBC, and it was worth billions. GE bought NBC, and GE is worth trillions…[The WGA] can barely make a dent,” Berman said.

Berman, who co-wrote the pilot for the USA show Psych, says the current strike, “looks like it could last a very long time.” The writer went on to say that there isn’t a lot of motivation on the AMPTP’s side to move negotiations along. “The AMPTP is looking to ‘clean house’ and get rid of some of its writers formally under contract. The trade organization can afford to hold out because it is stocked up on reality television programming,” Berman said.

One criticism of the strike claims that the WGA has acted too soon and that the WGA would have done well to wait and see the potential profit gained from new media residuals. Berman thinks the ’88 strike was initiated too soon, but the union’s recent action has been appropriate. “We can stop production of a lot of their shows. [The AMPTP] kind of cried wolf in ’88 when they said they would renegotiate VHS residuals in the future. In the following years, they refused to re-address that issue.”

Although the Screen Actors Guild contains a “no strike” clause in its contract with the AMPTP, many SAG members have come out in support of the WGA. Steve Carell refused to step over the picket lines, effectively ending production of his hit show The Office, on which he both writes and acts. Eva Longoria brought pizza to picketers near her home. Sally Field, Katherine Heigl, Richard Belzer, Patrick Dempsey, William H. Macy, and Felicity Huffman have all picketed alongside WGA members.

Late-night programming including Late Night with Conan O’Brien, The Colbert Report and Saturday Night Live were left with no other choice but to start airing reruns in their time slots. Popular shows like 24 and Lost have been interrupted by the strike half way through production of their respective seasons. With six episodes in its final season still unwritten, Scrubs might not be able to air a series finale.

Tvguide.com reports that the strike is expected to go well into next year. In July ’08, the Screen Actors Guild and Directors Guild of America’s contracts expire. In the event that all three unions are unable to reach an agreement with the AMPTP, the WGA, SAG and DGA are expected to support each other in a collective strike, potentially bringing the American film industry to a complete halt.

orensteinm1@lasalle.edu