Speechless

Thursday. The 29th of November. 2007. The strike was entering its twenty-fourth day and eyes on both coasts were glued to BlackBerrys, televisions, and old fashioned computer screens despite the early hour. Rumors had been running rampant on the internet for the past few days. One rumor said that the AMPTP (Alliance of Motion Picture and Television Producers) was bringing a deal in good faith to the table. Another said that nearly half of the showrunners, industry terminology for the behind-the-scenes folks responsible for the actual production of films and movies, had returned to work in expectation of the end of the strike. It was all rumor and guessing at this point. There was a media blackout in effect.
The media blackout left the roughly 12,000 film and television writers collectively known as the Writers Guild of America (WGA) wondering. They were left to wonder about when they put down their picket signs and return to work. They were left to wonder why they were treated differently than book writers and song writers when their materials were reproduced. And they were forced to wonder about the sudden slew of organized labor terms that suddenly had to be learned.
As with most disagreements, the origins of the 2007 WGA Strike are a bit hard to determine. Originally, television writers received no royalties from the shows which they worked on. Through the power of collective bargaining, that changed in 1949. The unions of writers began down a path to develop a contract that protected their creative rights, as well as protecting them later in life. Through several years of bargaining, a contract that technically leased a script to producers, rather than selling it to them, was developed. This meant that writers would receive royalties valued at a percentage of the original lease price. The contract was signed in 1953.
The idea to have one union to represent all writers for the three mediums of the day (radio, film, and television) was suggested in 1954 by the Screen Writers Guild. 1955 saw the dawn of the new union, the Writers Guild of America, and its talks with the three major television networks. The very first contract that the WGA signed included royalty rates for reuse of television shows, commonly known as the “rerun” as well as leaving all rights to the episode with the author. The contract was signed in 1956 and was a watershed point: television writers would now get paid for their work when it was re-aired.
In the 1980s, the AMPTP and WGA were once again in negotiation. This time, the AMPTP had to deal with a new medium, that of the home video market. Today, in 2007, it’s hard to understand that at one point, a household lived without as much as a VCR, but in the early 1980s, this was the case. The home video market was a precarious one, with the cost of hardware paired with the process of porting films to tape made the game expensive for everyone, consumer and producer alike. In order to help alleviate the risk on the studios’ part, the WGA agreed to take a massive pay cut on their residuals, falling to a reported 0.36% of the studio’s profits, with the agreement that one the market stabilized, the residuals would be returned to their pre-cut rates.
Two decades later, the rates have yet to return to their precut levels. The current residual that a writer earns on a DVD sale is a meager 1.5% on DVDs that return less than $5 million and 1.8% on those that return more. These percents usually work out to $0.04 per sold DVD according to the WGA, or $0.06 each according to the AMPTP. What the WGA would like is an increase to about $0.08 per sold disc. And they also do not want to make the same mistakes that were made in the 1980. Yes, again the AMPTP has a new distribution medium on their hands that is currently in its infancy – the internet.
Under the current contract, writers receive less than a penny (.6 cents) on a television show purchased from iTunes, current DVD rates on downloaded movies, and no money whatsoever on television and movies that are streamed over the internet, regardless of the money that the studios themselves make. The rub here is that, compared with the production and sale of DVDs, providing films and television shows over the internet has little-to-no overhead. This means that the studios are making a substantially greater profit thanks to removing several paid steps from the profit.
The AMPTP strategy seems to be two-fold. The first is to claim that the new market is untested, and that they have no idea how much money the future market holds. The second is to mark certain online distribution methods as promotional, and thus skirt any legal need to pay the writers, directors, actors, and industry people who participated in creating the film or episode. And the real rub? The studios are free to slap the “promotional label” on any online materials that they choose, regardless of on page, or in product advertising.
For television, the situation is only getting worse. A handful of the network flagship primetime shows, Lost and 24 in particular, are set to be aired without rerun in their upcoming seasons. However, these shows will be available on the internet, usually the following day. The math behind this move is quite simple for the writers – they lose roughly $20,000. The amount that the studio makes depends on the amount of advertising placed into the online program, and available on the page, but the current rate for writers is an established $0.00.
And this is only the dawn of the internet age when it comes to big content like television and films. The future undoubtedly holds the internet as a far more prominent tool for distribution, one which could potentially challenge cable, satellite, and over-the-air transmissions as data pipelines increase in capacity and televisions find themselves connected to the greater digital network. The writers see this. The producers see this. The writers only wish to be paid fairly for the work they produced.
The blackout lifted towards the afternoon on Thursday, the 29th of November, 2007, and the light shown on to show that writers would not be returning to work anytime soon. The Pencils Down Means Pencils Down campaign was set to continue. The offer that the AMPTP had brought to the table was not one of good faith, but was actually one that took certain rights away from writers. In the parlance of organized labor, the offer was a roll back. The meeting would break for the weekend, with both parties returning to the table on Tuesday, the 4th of December. The two presidents of the WGA (East and West) were not confident that Tuesdays talks would yield any results. The strike, which could have ended after only a month, was suddenly set to stretch on for much longer.
It’s no secret that subter is siding with the writers in this strike. Despite the fact that none of the staff are WGA members, we are siding with our fellow writers in the belief that a writer should be fairly paid for their work. To that end, we’re displaying our support for the WGA, and doing what we can to spread the message. To the right of this, and every subter and Shots article, there is a WGA support banner, the code for which you can find at the bottom of this article. Shots will also keep up with the strike.

Joss Whedon - the man behind Buffy and Firefly, gets vocal about the strike- “It’s always hard. Not just dealing with obtuse, intrusive studio execs, temperamental stars and family-prohibiting hours. Those are producer issues as much as anything else. Not just trying to get your first script sold, or seen, or finished, when nobody around believes you can/will/should… the ACT of writing is hard.” More.
Brian K. Vaughn - comic writer and scribe on Lost - “But basically, writers are looking to negotiate modest residuals and protections for use of our TV shows and movies on the internet, where most of us will likely be getting the majority of our entertainment from in the not-too-distant future.” More.
UnitedHollywood.com - the source for strike news
WGA.org - Writer’s Guild Offical Page
WGA.org Strike Home - Official Strike Page
HuffingtonPost - extensive writer’s strike news
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Title image by ArminH
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