As an avid 'net fan, I'm prone to engaging in occasional road trips on the information highway. On one of my last sojourns, I was interested to find this, and this. I find it interesting that even though half the writers in this counrty are on strike, it hasn;t made any headlines, or made any big splash on the news. Seems to me like a fun topic though.

So...

Who deserves control over future media? The corporations? Or the writers who produce them?

Is a writers strike even practical, in an age where mass-produced writing has become commonplace?

and lastly; What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?

Who deserves control over future media? The corporations? Or the writers who produce them?

Well, that is a very simple question with a very complex answer- as a comedy writer- we negotiate our "control" with our contracts- so, i would say, of course, the creators of the content have some stake here, and the company takes alot of risks with so many scripts and pilot programs and starting to shoot movies that never see a dime of revenue- as a legit need to maximize profits.

When I was doing the most writing, all comedians used to, and still do, flock to LA for "pilot season"- for each show that actually sees the air, in other words, actually being able to see a program once on air- 35 never make it that far- an enormous lost investment for any production company.

That being said- there are enormous profit potentials for writers with a creative idea, and they deserve to have a big slice of the pie for thier efforts. It is not cool for a writer to toil away for years making a pittance, then have a hit, and the company get all the profits while he continues to struggle?

Is a writers strike even practical, in an age where mass-produced writing has become commonplace?

Yes, totally- I think you have completely misread the market. There are not as much mass-produced writing that is as commonplace as you seem to think- a reality show- sure, needs no writers- in fact, the studios said they will rely on that- but a well written show is a pretty rare thing, and good writers still command a premium.

and lastly; What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?

If the company is making money on the residual- then piracy is not part of the equation- the profit is- the key word here- if there is profit- then the writers deserve to share it- you see, even with piracy- the companies are still showing a profit on this material- so therefore, there is something to be negotiated here- if the companies are LOSING money on residuals- well, that would be a whole nudder ball game.

Are you still a comedy writer, CR? I'm only asking, because I want to know, are you striking as well? A hands on account would be great here.

A bit of both- that is why I said it is rather complex. I am still a member of the writers guild- though I haven't done anything with that, like, forever-

but I freelance for "services" on radio, for about 99% of all money I make in that direction- when you hear a radio morning talk jock, and they are doing thier morning show- you may hear some of my stuff. No residuals there! It is paid for by content- kinda like a flat fee- though, I negotiate that as well, nearly each time.

It has to be incredibly current- so no need to worry about residuals!

I keep my own content close to my chest until it is for sale, so the only way I will have any "dog in the fight" on this issue- but as a producer, since my aim is more to have my own show rather than write for someone else's show.

That is were things get really, really complex- you have pro-writers AND producers wearing the same hat's- Larry David would be a classic example.

This one hits pretty close to home since my better half is a member of the WGA, albeit it as a television news writer and producer. They aren't on strike, yet at least, and I hope they don't since they aren't covered under the same contract. Actually, they haven't had a contract for 3 years and the WGA hasn't really done much for them to get one. I don't know what kind of national coverage this strike has received, but here in LA it's big time news. This is costing the local economy a ton of money (estimate at $5 MILLION per day and I think that's low). When a television show, a real show not one of those pieces of "reality TV" garbage stops production, there's a whole lot of people out of work. Not just writers, but all the production and support people as well. They work on a job by job basis and if their show isn't in production, they aren't getting paid. That means set designers, set builders, gaffes, grips, editors, lighting, sound camera operators. Caterers, delivery people, set security, art directors, floor directors (and all their assistants), not to mention the actors and extras. Watch the credits sometime following a half hour sitcom and triple the number of names you see. That's how many people are out of work if that sitcom halts production. It's a BIG deal here in LA. Now, on to the questions......

Who deserves control over future media? The corporations? Or the writers who produce them?

"Control"? Strange question. That's not what this strike is all about. The writers don't seek "control" of how their product is used, they just want to share in the revenue produced as a result of that use. If you want to pay me to write a television show and part of the deal is that you share in the profits you make from that television show (which is a common thing), great. I write you pay and when you make money streaming on the Internet or releasing it on a DVD, I expect my cut on that too.


Is a writers strike even practical, in an age where mass-produced writing has become commonplace?

There is no such thing as "mass-produced" writing. Not good writing anyway. What has become all too commonplace is "crap writing" and "crap television" and "crap movies". Crap TV is cheap to produce and it's cheap for a reason - it's crap. That's why network ratings have been going down.


and lastly; What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?

Piracy costs everyone, studios, actors, and writers alike. Perhaps it would be more productive for them all to join forces and go after the scumbag criminals that are ripping them all off rather than fighting amongst themselves. And, if you think piracy makes things "free", think again. How much does it cost you to go to a movie?


Aquilla

Aquilla- what most poeple don't know, as with the original poster- is how a series or "good" writing occurs- and there is no such thing as "mass produced" writing- what you are mostly calling crap, if I am following- IS crap, and there usually are not writers involved- reality TV etc is an obvious example.

Otherwise- I have seen lots of news on it- and have lots of stuff in my inbox about it- but it doesn't really effect me at this time.

But everything pretty much is "in the can" for this season anyway- the impact, outside of things like Letterman or Leno, will not be felt really until next season.

Actually, a lot of the stuff for this season isn't really in the can yet. They are actually kind of in the middle of production right now and so it's going to affect the shows this season. The FOX series "24" has already announced that their new season (which was supposed to start in January) will be delayed for example. The television writing/production process has kind of evolved into more of a relevance to recent events kind of programming and that tends to prolong the writing process further into the season. It wouldn't for example surprise me to see a show on "Law and Order" or "CSI" based on what's happening right now with OJ Simpson sometime this season (if it wasn't for the strike).


Aquilla

I hear you- I was under the impression though that all main story lines were done- that it is mainly a re-write that would be affected- which means, there is a substansial amount of re-writing going on, even during production.

It is my understanding that things like Jon Stewart and the Colbert report, that needs a pretty often and active and large crowd of writers will be the only really immediate effect.

Be prepared to see some lame TV at the end of the season I guess though.

Oh yeah, you're going to see some lame TV alright. Some sooner than later. First to go is the Leno and Letterman type shows which have to be contemporary by their nature. Next to go will be the television dramas like the various CSI and LAw and Order programs which are more episodic-based than theme-based with a season long storyline like a typical sitcom. But, they're all being affected in one way or another and there are still negotiations upcoming for the Director's Guild (DGA) and I'm not sure about SAG or AFTRA after that. Who knows, at the end of the day LA could end up with a whole lot of people trying to get jobs selling coffee at Starbucks and nobody buying it.


Aquilla

And that would be different how? I mean, last time i was in LA, every Barrista was a writer, every waiter an actor, every parking lot attendent a producer/screenwriter.

Has that changed recently?

Nope.


(sorry about the one-liner, but my writers are on strike).


Aquilla

Oops, I forgot- if you work for free, do you have to go on strike?

Ooo, we are going to get SOOO busted by either the mods or my union- we will find out which first!

Who deserves control over future media? The corporations? Or the writers who produce them?

On big, expensive projects like movies, the people with the capital (studios & producers) are always going to have a lot of control. But the writers are essential, too, so it's fair that they get a cut of the profits.

Is a writers strike even practical, in an age where mass-produced writing has become commonplace?

Strikes are never "practical," exactly. They're supposed to cause pain. The writers seem to be well organized enough to inflict a lot of pain on the producers, which may help them (the writers) get what they want.

What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?

If the studios and producers weren't getting any revenue from online distribution, they wouldn't balk at offering the writers a fat percentage of that. "Here, writers, have 10% of nothing." But they are getting revenue, if only through online advertisements. Of course, they also have costs that offset those revenues, and here's the important part: Nobody trusts the studios to do honest accounting of profit and loss. Huge blockbuster movies somehow don't show a profit, once the promotional expenses are accounted for. The same thing happens in the music industry.

I don't know how they'll get past this. Maybe the union needs to have the right to have its own accountants audit the books for projects.

Who deserves control over future media? The corporations? Or the writers who produce them?
Ultimately, the American public should have control. Right now, most of the TV airwaves are controlled by a few mass media conglomerates, which cannot be healthy for a democracy.

Is a writers strike even practical, in an age where mass-produced writing has become commonplace?
I will have to disagree with CR and say that mass-produced writing has become commonplace. The publishing industry is flooded with writers trying to sell their books and other writings. Every day, new books are being published. If that's not mass-produced writing, what is?

and lastly; What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?
One of the realities of the Entertainment business is that people will spend a very limited amount of their budgets on entertainment. I've said it before and I'll say it again. If we want America to be truly prosperous, we have to bring our manufacturing jobs back. Hollywood cannot make our nation prosperous. Neither can Walmart or Burger King. The problem with the Entertainment Industry is that it helps promote the idea that it's possible to get something for nothing. Say you're a struggling musician or a struggling writer but then suddenly, you manage to sell 10 million records or 10 million books, you could conceivably become a millionaire overnight. Needless to say, this particular economic model is not a feasible way to bring prosperity to a region or a country. In LA, there are some people who have become millionaires by making it big in the Entertainment industry. But for every successful actor or screen-writer, there's probably at least 100 other people who are struggling to get by and struggling to get their foot in the Entertainment industry.

Who deserves control over future media? The corporations? Or the writers who produce them?

US and international copyright laws govern this. It's called work-for-hire, where the copyright goes to the person or outfit that pays the writer. The writer in effect hands over copyright and thereby control of the distribution, plus the writer gives up any claim on royalties.

As a freelancer nearly all my stuff is work-for-hire. For what I write on my own and shop to agents and publishers, I keep the copyright. I have the options of passing down the copyright to heirs or selling it to someone else. Each book, short story and poem gets automatic copyright as soon as I either save it to disk or print it out. Registering copyright is not absolutely necessary but helps if ever a law suit comes up.

Is a writers strike even practical, in an age where mass-produced writing has become commonplace?

There is no such thing as mass-produced writing. You may be thinking of SEO (Search Engine Optimization) junk that appears on Web sites and has been munged together with software. That's not writing. Humans write. It's impossible to mass-produce it.

CDs, DVDs and books can be mass-produced, but the original content in those media cannot.

As for everyone thinking that they can write, yep, this seems to be a common misconception on the writer's craft. The fact of the matter is that few people can write well and only a handful can write masterfully. Most writers in things like journalism and tech writing aren't really writing but following set formats. The room for creativity is narrow, although columnists have greater freedom. Both journalists and tech writers have come out with good books.

Quantity does not mean quality. Just because a lot of people think they can write does not mean they can. Try reviewing college students' papers for a few months. It's downright physically painful.

and lastly; What point is there in asking for residual payments on resales in a country where piracy runs rampant? Why fight over profit, if the material is being given away for free anyways?

No point to that, and that's not what the writers are striking about.

and lastly; Get thee a copy of The Chicago Manual of Style or at least The Elements of Style. Subscribing to the Merriam-Webster online unabridged dictionary might be worth the time and dime. Also, try writing something for publication. Maybe just an article for a magazine or newspaper, and then you'll see that writers work their tails off for very little return in most cases. It's like trying to become a rock star.

The writers should get royalties on their work, period. Work-for-hire should be abolished. Writers should get the initial fee plus residuals.

Best joke I've heard about the writers' strike: The writers are picketing, but all their signs are blank (NPR, Wait Wait Don't Tell Me, 11/10/07).

Think about it.

When these writers write something, does their creation become the property of the people who pay them, or do they still belong to the writer?

I guess the fundamental question is, are writers selling their products or licensing their products? Most people like me got to work every day and create stuff for our employers. In turn, they give us a salary and benefits. At the end of the day, they use our accomplishments to make as much money as they can off of them.

If the writers are leasing something that belongs to them and haven't given permission for their products to be distributed as they are charging now, then they have a case. However, I don't think it's a strike issue - it would be a criminal issue. If somebody is taking their work and without their permission, distributing it without regard to the licensing agreement, I think they would be working outside the law.

However, if their work becomes the property of whoever they sell to, they should shut the heck up and go back to work. If they don't like their agreement, they should find somebody who will purchase a license of the product.

Um, DR, I think you mistake the issue- they have been negotiating the very issues you are talking about, and since the "employers" have not negotiated in good faith- they walked off the job and refused to give them any MORE of thier scripts- they are not beholden to the corporations to CONTINUE to give away their work for free- they are negotiating the very things you are talking about- who owns the work, who gets paid for the work, how they get paid for the work etc- writers letters of agreements, contracts etc have expired- so all those questions are the subject of negotiations. The studio may have owned the work in the past, by contract- but as of halloween- that contract was over, and the studio has to negotiate with the most valuable players on the team- the writers.

In fact, with the exception of gawd awful reality TV, without writers- you really don't have an industry, period.
The wierdest part of this equation will be the "two hat" wearing types- the writer/producers. They are obligated by contract to produce, and obligated by thier union to strike- the "show runners" are what they are called, and this one will be wierd.

Actors pretty much have to kiss the writers butt on this one too- because, if writers don't like the actors, pretty soon, that actor won't have any scripts.

That one will be wierd too- because the SAG are still under contract, and obligated to work- but are being pressured to join the picket lines, but a real catch 22- as in a couple weeks, some of those shows won't have scripts!

Think about how music is handled, DR. Someone writes a bit hit and has options. The songwriter can sell the tune for a flat fee or retain copyright and pull in a royalty every time the hit is copied. For big acts, that means every time the tune is covered too. Every time the radio plays the hit, there's a royalty. Every time music publishers print the tune in anything, whether it be single sheet, collection or anthology, there's royalty, also called residual.

Part of this whole issue has to do with DVD distros of whole-season TV shows. The writers get no royalties on these lucrative sales. They want them. Now you can argue that, hey, you did work-for-hire and have no rights to those royalties, and that is true. However, the writers still have the right to demand a contract change to retain copyright and collect royalties on future work, possibly a change for past work. I'm a little confused on that part, but if the contract does not change they don't have to do the future work.

That's what the writers are doing. No residuals, no work. No new shows either.

Licensing is for software, but software also has copyright protection. Writers do contracts with agents, producers and publishers. Microsoft does it with the end-user or corporate user. BTW, software developers could do the same thing as the writers if there were any organization like the Writers' Guild. But MS and all other corporations make employees sign away copyrights and patent rights as a condition of employment.

Doesn't exactly encourage innovation. But you can still go out on your own.

Listening to Garrison Keillor online. His show is still going on because he both produces it and writes it. That's the way to get around things like writers' strikes -- do it yourself. Heh, like Neil Young wrote: "Economy got so bad had to lay myself off." Forget what tune that was, but think I'm okay with the citation. Also, no money's involved. That's what makes the biggest difference in all this.

Here's an excellent take on what the writers want from this strike:

From 4 cents to 8 and 0 to something

AM, Just because I was curious about this, how does the WGA monitor "scabs?" I mean, if some down-on-his-luck writer sees this as his chance to wriggle past the competition, whats to stop him? Heck, who's even going to know? Are there rules, or monitors, or some sort of system to catch this?

Maybe not, since getting writers to work together, i hear, can be like herding cats.

akalae, all I can say is that good writers don't grow on trees, come over from Mexico or work out of offices in some foreign country. Well, not good ones for the US market anyway. Then you have to narrow this to good comic and drama writers for the US market, and there it is. The scabs just don't exist. The job demands too much special knowledge and ability.

It's the creativity principle. Being both good and fresh is hard. It's also something that can't be automated or eliminated. The Writers' Guild looks like it has the game points on this one.

Regarding working together, I bet that has a lot to do with chemistry among the team members, the whole being greater than the sum of parts. Then it's not like herding anything but containing the outpouring of ideas.

These are just my guesses on what's going on. I'm a lowly and lonely freelancer without a guild, without a team, but at least the income and opportunities are thicker than ever. That's due to the Web getting thicker with demand. Who knows, maybe someday I too will wear the mantle of the Writer's Guild, which appears to be a red T. What, no bard's hat? You'd think there'd be a bard's hat. And a quill pen, with scroll parchments to hang on the wall.

The entertainment industry in Southern California is a pretty strongly unionized. Actors, directors, stage hands, production people, drivers, you name it, they all pretty much belong to one union or another. Even the extras have one. If you are part of busting a WGA strike, good luck getting ANY work in the industry ever again. None of the unions will allow you to join. No union membership = no job opportunities. This strike is beginning to have a huge impact on people already. Every day we hear about another project being shut down, people laid off as production grinds to a halt.

One funny thing is that because my wife is a member of the WGA, every year we get free tickets from the various studios for movies they are nominating for awards. They sometimes even send a pre-release DVD copy of the movie to us so we can watch it at home. Got about a dozen of those last year. And, even though there's a strike going on, we're still getting tickets and DVDs! Something for us to do I guess if the news writers end up going out on strike.


Aquilla

The unions find out. Being a member of a couple of entertainment unions, one of which went on strike not so long ago, I know there is a support system from other unions. If someone from another union knows of a scab, it will likely be reported. I remember some non-union actors being barred from every joining SAG because they crossed the picket line during that strike. Others who were already members of the union were kicked out. It wouldn't be too difficult to discover that someone is doing the writing, then it's just a matter of finding out who.

A down-on-luck writer wouldn't even have to break the picket line. If the Writers strike sends the TV ratings into a tailspin, people could still go to Youtube and view some good home-made entertainment, or even go to a library and read a book. And let's face it; not all Reality-TV is bad. And there are other towns besides LA that would like a shot at having an entertainment industry. Did you know that Detroit and some other cities produce plays at their theaters?

Interesting that YouTube has been brought up. I like much of what that medium has to offer, and of course members of the WGA have no restrictions from freelancing while on strike either. Here's another good take on the strike from the strikers:

Why We Fight

And this is real funny if you've been watching Man in the Box:

Um, er, ah (thaaaanks)

Point well made. Pro writers are even on the Web.

The strike affects all US-made entertainment except that done by amateurs, students, off-off Broadway, local theater troupes and so on.

Wonder if known novelists are in on this strike?

Why would it affect Broadway theatre? Why would novelists be involved? The strike is against the Alliance of Motion Picture & Television Producers. It affects film and television.

You're right. It's a different union in NYC and involves stage hands:

Broadway Stage Hands Strike

Maybe it's a sympathetic wave going on. " The WGA did it, so should we," type of thinking. I was just wondering about novelists, being as a journalist (Aquila's wife) is a member. I was once a member of the IAM, even though it's a machinist's union and I worked a warehouse. But you're right, beginning novelists are freelancers with agent representation. Established ones might have a different thing going on. Just wondering.

So say you're some hot novelist and under contract for 3 or so books, if a member of WGA does that mean work stops on the three books? I don't know.

No, it's two separate issues.



The WGA strike only affects work done with companies associated with the Alliance of Film and Television Producers. A screenwriter can still write their novel.

I think what you're saying here is that you don't know either but would like to believe this to be true, which is fine. However, I have direct experience with how unions work in general and have read about how strikes in the past have worked. Sympathetic waves have happened before and could happen now. If you don't mind, I'll keep my mind open as to what might be happening.

Guess you missed the point about being an established novelist, not a wannabe writer. The WGA has leverage because all the writers are established. Amateurs probably submit a bunch of scripts daily to agents, so from the last article linked to, this could be what's meant by stockpiling scripts. Maybe something's good in the slush pile.

One quick question I have about the writer's strike is this. Is the Writing Industry a Closed shop where every writer is required to be in the guild? In some states, a strike's effectiveness could be limited by the Right-To-Work laws and I'm wondering if California has any Right-To-Work laws.

No, I don't think California has a right-to-work law. I've got a list the puts it into the covenant of good faith and fair dealing column. This isn't on the Web, so I can't link to it.

I can link to this story:

Leno, Stewart, Colbert, O'Brien, Letterman Back on Air, No Writers

This reminds me of management taking on the work of striking employees during the times of strong union presence, which would be from the late 1930s to the very early 1980s. I am curious how this will turn out. The article refers to Letterman's abilities along these lines and also the problem that Colbert has because his whole show is built on a fictional character. I bet some viewers still think that Colbert is serious. It might be a shock to see the real guy.

Just what Jon Stewart is going to do is anyone's guess. Read passages from his old movies? Leno can probably do without the monolog. O'Brien is good with improv, so he'll probably do okay.

The movie industry is taking a worse hit. Even with vaults full of possible scripts, the writers are needed to do the final edits and additions, plus sculpting dialog for specific actors. Or so I imagine how this kind of work goes. Have never done it, don't really want it.

I'm not quite sure about this, AM. Maybe someone with a little more experience in this field can help out here, but if memory serves, there were a couple of series during the 1988 strike that were remakes of earlier shows - most notably Mission Impossible.

I read somewhere that producers were allowed to use scripts from the original run, and rules (at the time, anyway) permitted them to make minor adjustments, in terms of re-naming characters, and perhaps altering locations, although the scripts in terms of described action and dialog had to remain pretty much as originally written.

And I may be mistaken, but I think something similar happened with the James Bond movie "Never Say Never Again", basically a remake of the movie "Thunderball".

Regardless, I think the longer this goes on, the better position the writers are in. As noted elswhere in this discussion, the writers are free to take on freelance works outside of TV and films. And while the networks can add more "reality" programming to fill in some slots, those shows will have to be a lot more real than they are now. Look at any of those so-called reality programs, and you'll still find several writers listed in the credits, usually.

Add to that the availability of a lot more choice by the average viewer these days. There were a lot fewer cable TV channels in '88 than there are today, video games were alot less sophisticated, and the internet was almost unheard of for the average family. Even then, network TV lost nearly 10% of it's total viewership, and it took years to recover the ground lost.

No, what I'm saying is that I work in this industry, am a member of SAG and AEA, and I know that the two strikes are unrelated.



The WGA does not cover the authors of novels, short stories or poems. Any work done by WGA members in these areas is unaffected by the strike - except for, perhaps the time taken from the endeavor by walking the picket line.

I know that the writers believe that writers cannot be replaced easily. I'm familiar with the expression that it's not the guitar or the paintbrush that makes the artist, but the person himself. But one thing I'm wondering is, can America's schools teach people how to write? Writing can't be rocket science. How much does a typewriter cost by the way? Given the competition between all the wanna-be writers trying to get their foot in the door, if Hollywood selected just 1 percent of those people, they would have a flood of talented people who could break the strike. And I'm just talking 1 Percent here. Writing can not be so hard to the point that a good writer has to be as smart as Einstein to do his job. Don't tell me that writing is so hard that only 1 in a million people can write comedies or TV shows.