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Wednesday
Jan162008

The WGA writers is still on stryke. Or why hiring scab labur is a rilly rilly bad idea.

fortune-cookie.jpgLet me say up front, that I’m generally befuddled by unions. I know, they had their place in society back when the common man (and woman) had to choose between being a disposable shill in the pocket of some industrial era robber-baron or a victim of a mob-run labor pool. (Think On the Waterfront“I coulda been a contenda, I coulda been somebody…”)

Labor unions were much needed in the time of classics like The Jungle, that lovely book that launched a thousand vegan cocktail parties. Where workers were treated like chattel. But in modern times unions always leave me scratching my head.

As a reformed ad guy, I worked on a ton of TV commercials. Commercials require film crews, film crews require trucks to haul their gear, trucks require drivers––hence my first introduction to the truckers union.

Here’s how it works.

In many states, film companies aren’t allowed to drive their own grip trucks. The trucks are packed with gear––worth hundreds of thousands of dollars––but they can’t drive it to the set. A teamster takes the wheel. Said driver is a pro on the road, not a problem there. The problem is––what does this guy do when we actually get there? I’ve yet to be on a set for less than 10-12 hours. As you could guess, there’s not a lot of driving going on during that time. So our “driver” spends his day driving a lawn chair. And if we go over eight hours, we’re paying him overtime to sit there. Don’t get me wrong––these are always some of the nicest human beings on the set. But it’s an example of where the system is obviously broken.

*** Insert squiggly flash-forward lines here ***

Now I’m on the other side of the fence. Barely. A film agent at The Gersh Agency will be trying to sell the rights to HOTEL. And it’s apparent that once you sell the film rights to a novel, you’re not just kissing your baby goodbye––you're selling it the circus. Most people (I’m talking about authors) are okay with this as long as they’re getting paid their fair share.

But what happens if I sell the “film” rights and by some miracle it actually gets produced, and then the movie is sold though DVDs and downloaded via the net for the next 50 years? Whoever penned the screenplay for “the screen” would get bubkus for the other stuff. The studio would bank all that. It seems like a legit argument to me, how ‘bout you?

And if you’re thinking that Hollywood should just hire scab writers, just remember that high-paid writers gave us Who’s the Boss and The Dukes of Hazzard. Do you really want to sink any lower?

Here’s a much more thoughtful and detailed analysis of the WGA strike.

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Reader Comments (6)

Must be that making the residuals a percentage, like most of the rest of the payouts probably are, is too hard on the computer program that sends out the checks. Yeah, that's it. The computers can't keep up.
January 16, 2008 | Unregistered CommenterBob
I had to join a union when I was in high school to work my part-time job--and I was expected to actually work! It was frustrating to pay union dues which funded political candidates I didn't always agree with. But the union was valuable for the lifer employees of the store--one woman had been working there since before I was born, and I know she retired well. I say whatever gets the writers their due is a good thing, and it's not as though the studio head geniuses who brought us Armageddon and Weekend at Bernie's 2 are hurting for cash. Just make sure the the pension fund doesn't wind up on the craps tables in Vegas.
January 16, 2008 | Unregistered CommenterEric
Jamie...

Great post. I, too, find myself torn over what's at stake.

On the one hand, I'm right behind the WGA. I think they should negotiate for as much as they can get. I'm a writer, after all, and I think we should all get paid as much as possible.

But on the other hand, I have a hard time understanding how people can assert they're getting a raw deal when they willingly joined a union that traded away its members' most valuable asset --- that being copyright --- in exchange for higher minimum up front payment for the work (which is about $100k for a feature length script, and I've heard that it's $5k a week for TV writers... regardless, it's nice money), plus residuals. And, of course, WGA members also have other union perks, such as affordable health insurance, collective bargaining, and so forth.

Some things I've read from WGA members:

1. "We're entitled to residuals on Internet stuff."

No, they're not. They're entitled to something only after it's been granted to them. Residuals for Internet content haven't yet been granted. They're entitled to the residuals from DVD and video because they've already been granted.

2. "We're frequently out of work and residuals help us make ends meet when we are."

Try being a true freelancer. Try being a novelist.

Truth be told, the union's gotten them a decent deal already (at least where the work-for-hire part is concerned). I'm not saying they're supposed to simply shut up and be happy with it forever and ever. Just stop using the hardships associated with their chosen line of work as a selling point... whether at the negotiating table or as a way to curry public favor.

3. "Residuals ensure we do our best work. Without them, there's no incentive for writing good scripts."

This is just hogwash. I know lots of writers, and I've yet to find one who sets out to write crap.

As for OSC's take on the issue... I'm inclined to agree. Technology changes so fast and it doesn't just level the playing field: it flattens it out completely. When that happens, everybody'll be right back where they are now because the studios hold so much power because of copyright.

The sad truth is that the WGA gave up too much so long ago that I fear there's no way they can reclaim what they've lost.
January 16, 2008 | Unregistered CommenterRob in Denver
Great posts.

It's strange that an industry drenched in wealth is fighting over money. But I can understand the plight of the writers (being one). The paydays are nice, but few and far between. But their emotional, poor me, arguments are weak. (These are guys wearing walking the picket lines wearing $200 Prada shorts). Stick to the business side of the argument and they might actually get somewhere.

January 16, 2008 | Registered CommenterJamie
I also have been on movie and TV sets and was amazed by the number of people who seemed to hang out and doing nothing (I, of course, was busy doing something, so there).

I have worked for companies that forced all employees to join the union. I didn't totally understand the value in the union because oftentimes the union squabbled over miniscule items but gave away major longterm bits.

I realize there is a strategy to union negotiation and there are very few who are actually great at it.

Now that I have typed all of this, I realize I have absolutely no point so I think I'll go back to taking painkillers and sleeping ... at least until I can string together cognizant thoughts.
January 16, 2008 | Unregistered CommenterLisa
Hey, you just lay off Bo and Luke, bucko. They have a hard enough time, what with Cooter and Enos on their case all the time, and trying to outsmart that oh-so-clever Boss Hogg - they don't need you taking pot shots at them. Next thing you'll be criticizing Diff'rent Strokes, or Charles in Charge. Get your head on straight, man.
January 17, 2008 | Unregistered CommenterAndy

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