Fancast: Inside TV

Despite a disappointing performance for the fall's freshman series, NBC has ordered additional scripts for its entire stable of newcomers. Meanwhile CBS has asked for more of the new Jimmy Smits drama Cane and The CW (owned by CBS) wants more Aliens in America.

Networks putting in script orders before deciding a series' fate is nothing new. Unless a show is performing so dismally that it has no chance of making it through the season, additional scripts are just the networks hedging their bets against the possibility of a full 22 episode pickup.

In the face of a looming writers' strike, however, the script orders carry more weight than usual. If networks can get the additional scripts in before the strike, they could effectively circumvent the writers for a time and continue shooting with the scripts they have on the burner.

The results of the stockpiling strategy should heavily increase the chances of a back nine pickup for this year's new shows. If the writers do go on strike, the networks' ability to produce mid-season replacements will be severely crippled. Absent any potential replacements, the pressure on a series to perform in the ratings is significantly lightened.

So even while the season's new offerings have been disappointing, both in quality and performance, with no relief in site, viewers should nestle in and find a favorite. We could be stuck with them for a long time.

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If the writers hit the picket lines, it'll be with the support of more than 90% of the 5,500 Writer's Guild of America members that voted to authorize. The vote allows guild leaders to strike anytime after October 31st, the date their contract expires.

The turnout was significantly large and while it doesn't guarantee anything, as in all labor disputes, the strong backing of the union should prove an asset when the two sides sit down to resume negotiations later today.

The strike has been looming over the entertainment industry for some time now and has already had a significant impact on the small screen. The past months have seen networks stockpiling scripts in hopes of weathering the storm, if and when it comes.

Even still, should the strike occur, the frightening prospect of more reality television and game shows is all but assured. And if the current crop of non-scripted programming is the best networks have, one can only imagine the horror that lies within what wasn't good enough to make the cut.

One potential run around for networks would be to look overseas and grab some of those fancy British shows we're always hearing about (and remaking). A few weeks ago, it was reported that NBC would look to Ricky Gervais' comedy hits The Office and Extras to try and fill its lineup.

Another tact would be for networks to start airing reruns of cable series owned by their own studios. For example, NBC Universal owns Battlestar Galactica and Monk, which have performed well enough they could work as a potential filler.

Of all the cablers, FX is sitting on the largest amount of original programming, almost all of it better than what the networks are actually airing now. However, given the creative freedom that's allowed over at FX, there isn't one series that could make it on network TV without heavy editing.

With the abysmal slate of new programming this year, the contract dispute comes at a really bad time. In years past, when shows like Arrested Development, Firefly, Freaks and Geeks, etc. were in danger of cancellation, a strike would likely be welcomed by fans of the ratings-challenged cult hits.

Unfortunately, in a year where Pushing Daisies and Private Practice are ahead of the pack and shows like Carpoolers, Cavemen, Bionic Woman and Big Shots are struggling to survive, the absence of midseason replacements does absolutely nothing to help keep quality programming on the air.

The major source of contention between the writers and the Alliance of Motion Picture and Television Producers is the compensation that writers receive in the digital age of entertainment. With DVD sales, iTunes, webisodes and an entirely new method of conducting business, the writer's want a piece of the pie.

The last writer's strike took place in 1988 and cost the entertainment industry roughly $500 million.

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NBC has halted all production on the untitled Heroes spinoff, indefinitely shelving the project. The spinoff, which recently lost the 'Origins' title, was a six-episode side-story set to be aired during the second season hiatus. The project had a number of big names attached to it, including Kevin Smith and Eli Roth.

While all indications over at the peacock point to the move being motivated by the potential of an impending writers strike, a closer look reveals there's likely more behind the decision.

Heroes has been hemorrhaging viewers and take a critically pounding this season. The writers room is a mess, several key members have left the project and the storyline has become undisciplined and sloppy.

NBC could very well be using the strike as a way to quietly ax the project without losing face. The spinoff was a risky move, a decision made when Heroes was at its peak. Now, with its future in the balance, the gamble is one NBC must forego as failure could prove fatal.

Read More Fancast Coverage of the Strike

The rest of us may be worried but Les Moonves is playing his part, telling Wall Street that it's all good according to the Hollywood Reporter:

"We are prepared," CBS CEO Leslie Moonves said Thursday afternoon in a conference call to discuss earnings. "We have a full slate of new, first-run programming ready to go, both now and midseason.

Moonves added: "We're fully prepared to offer alternative programming options, and we would anticipate no material impact on the company for the remainder of the television season."

That's probably the reaction you would expect from a CEO but there is some truth to CBS being able to weather the storm. If the strike occurs (it hasn't yet), CBS is heavily, heavily aided by the fact that almost their entire lineup is procedurals like CSI, which do very well in repeats.

NBC and ABC, on the other hand can't expect much relief in the form of repeats as dramas like Heroes and Lost do miserably the second time around.

Read More Fancast Coverage of the Strike

The strike is upon us. The New York Times reports that just a few hours ago, writers and teamsters declared their intent to embark on the first industry-wide strike in almost twenty years.

The writers’ union said it would inform its members no later than Friday afternoon as to when the strike would begin, according to a person who attended a union gathering Thursday night at the Los Angeles Convention Center.

The leaders of the Writers Guild of America West and the Writers Guild of America East were expected to order their roughly 12,000 members covered by a contract with the Alliance of Motion Picture and Television Producers to stop work and be assigned picket duty when the strike begins.

Although this has been looming for some time, that it has actually happened will come as a shock to many consumers who figured everything would resolve itself. Unfortunately, resolution did not come and the strike is now very much a reality.

The strike call follows more than three months of contentious negotiations. Ultimately, the two sides gridlocked over the writers’ insistence on a sharp increase in their residuals payments for the re-use of movies and shows on DVDs and on new payments for the distribution of such works on the Internet, over cell phones and elsewhere. Producers refused to boost the DVD payments and rebuffed demands related to electronic distribution, arguing that industry economics and still-shifting technology made accommodation impossible.

Read More Fancast Coverage of the Strike

Although media viewers everywhere, myself included, will complain about the absence of our favorite scripted TV shows or that we can't watch Jon Stewart before we go to sleep, the strike, as the NY Times reports, will devastate the Southern California area.

A strike by the writers threatens to tear a hole in the economy of Southern California, even as it already copes with a collapse in home sales and widespread devastation from last month’s fires.

The entertainment industry contributes an estimated $30 billion annually, or about 7 percent, to the economy of Los Angeles County, according to Jack Kyser, chief economist for the Los Angeles County Economic Development Corp.

Read More Fancast Coverage of the Strike

If you're going to strike, you may as well be festive about it. According to The Hollywood Reporter, the resolve among the writers is strong, their mood more festive than one would expect from people who don't know when their next paycheck will come. The recommendation to strike was met with cheers from the 3,000 some people on hand:

A throng of writers descended on the downtown convention center backslapping one another and greeting friends. Conversation with individual writers, however, revealed an underlying anger over what they viewed as long-standing mistreatment at the hands of their studio employers.

As fun as it all sounds, the congregation's resolve stemmed out of anger and frustration with the longstanding disrespect of writers in Hollywood.

"A lot of us are feeling very frustrated," said Marc Cherry, showrunner on ABC's "Desperate Housewives" and a member of the WGA negotiating committee. "We very much would like to make a deal, but we feel the other side is not letting us do that."

Several others among the crowd expressed other frustrations.

"We don't mind waiting six months between paychecks," one screenwriter heading into the meeting said when asked his feelings about a work stoppage.

"The studios take so long paying us anyway that we're used to it. They are just very disrespectful that way, and there is a residual resentment."

Pun intended.

Carlton Cuse, showrunner on ABC's "Lost" and a member of the WGA negotiating committee, said he was heartened at the expressed support for the guild leadership's stances on DVD and new-media residuals.

"It was enormously gratifying to see the near unanimity of the membership," Cuse said.

While their grievances are legitimate and reasonable, the sentiment doesn't particularly bode well for an early settlement.

The Alliance of Motion & Television Producers has abused the writers for so long that they see their position atop the hierarchy as a right. That mentality is slow to change and usually takes heavy financial loss before it does. Given that it would take sometime before the bottom line goes red, the standoff could last a lot longer than anyone wants.

Read More Fancast Coverage of the Strike

The Times Online has an article with David Letterman's take on the impending strike. David is very much standing behind the writers, which is great to see given how big a role they've played in his success.

The veteran American broadcaster David Letterman used his prime-time show to speak out in support of Hollywood writers poised to go on strike, a move which could take some of the country's most popular programmes off the air from Monday.

Letterman, whose nightly programme will be affected next week if the strike goes ahead as expected, described producers as "cowards, cutthroats and weasels" on his show.

The 60-year-old television host invited viewers to imagine what his show would be like without his team of writers producing new material. "It might be fun ...to tune in and see what I can come up with on my own," he joked.

As huge as the backing of big names stars is for the writers, Letterman's scathing indictment of the producers may prove even more valuable. As the strike goes on, public sentiment will likely play a big role in shaping the nation's viewing habits. If the producers find themselves being blamed for the strike, their leverage will dramatically hindered.

Read More Fancast Coverage of the Strike

The Strike: Day 1

Well, it's official. Last night's final attempt to achieve labor peace between the producers and writers has failed and as of about 12:30 Monday morning, the Associated Press reports that the writers are on strike:

Writers and studios broke off talks late Sunday after East Coast members of the writers union declared they were officially on strike, the group representing producers said.

Last-ditch negotiations between the Writers Guild of America and the Alliance of Motion Picture and Television Producers ended after about 11 hours.

Producers said writers refused a request to "stop the clock" on a planned strike while talks continued.

As to how this is going to affect your immediate television watching routine:

The first casualty of the strike would be late-night talk shows, which are dependent on current events to fuel monologues and other entertainment.

Daytime TV, including live talk shows such as "The View" and soap operas, which typically tape about a week's worth of shows in advance, would be next to feel the impact.

The strike will not immediately impact production of movies or prime-time TV programs. Most studios have stockpiled dozens of movie scripts, and TV shows have enough scripts or completed shows in hand to last until early next year.

Read More Fancast Coverage of the Strike

The Strike: Day 1

I received an open letter via email which has been making the the rounds among the entertainment press and Hollywood insiders. Penned by Shield creator Shawn Ryan, the letter is one of the most thoughtful, articulate and brave arguments made publicly since talks of the strike began. If you're going to read one thing in regards to the strike, make it this:

As you all know by now, we are on Strike. It's sad that we have arrived here and I don't know each and every one of your opinions, but I wanted to share my personal plans for what I intend to do until we have a fair contract.

I am currently quoted in today's Hollywood Reporter as saying that I will do some producing work, but won't do any editing as I consider that to be writing. While I said something similar to that earlier last week (I've learned you can't trust a word of what these trades report), that was before I went to the Showrunners Meeting yesterday and became very crystalized in what I need to do. Like many of you I have spent the last week contemplating what to do in case of a strike. What are my responsibilities to my writers, my cast, my crew, my network and my contract? How do I balance these various concerns?

At the Showrunners Meeting it became very clear to me that the only thing I can do as a showrunner is to do nothing. I obviously will not write on my shows. But I also will not edit, I will not cast, I will not look at location photos, I will not get on the phone with the network and studio, I will not prep directors, I will not review mixes. These are all acts that are about the writing of the show or protecting the writing of the show, and as such, I will not participate in them. I will also not ask any of my writer/producers to do any of these things for me, so that they get done, but I can save face.

I will not go into the office and I will not do any work at home. I will be on the picket line or I will be working with the Negotiating Committee. I will not have an avid sent to my house, or to a new office so that I can do work on my show and act as if it is all right because I'm not crossing any picket lines.

I truly believe that the best and fastest way to a good contract is to hit these companies early, to hit them hard and to deprive them of ALL the work we do on their behalf.

How do we ask our staff writers to go out on strike as we continue collecting producer checks? How do we ask the Teamsters to respect our picket lines if we won't ourselves or if we're sneaking around to do the work off-site?

Just so you all know what I am prepared to give up....

Tomorrow, we begin to film the Series Finale of The Shield. I think it's the best script our writing staff has ever written. This is the show that made me. This is the show that is my baby. If the strike goes on longer than two weeks, I won't be able to step on set for the final episode of the show. I won't have a writer on set, as I have had on every episode since the fourth episode. I won't be able to edit this final culminating episode. I won't go to the wrap party that Fox TV and FX are paying for. You can't tell me that any episode of television is more important than this one is to me, and I am ready to forego all those things in order to strengthen my union.

Tomorrow, we begin filming a new pilot, The Oaks, that I am Executive Producing. It's an amazing script that David Schulner wrote and I signed up to help him make this show. Until we have a fair deal I cannot do that now and it kills me.

We are currently filming Season 3 of The Unit, a show that does fairly well, but against House and Dancing With The Stars, usually finishes in 3rd place. We have no guarantee that we will back for a 4th season. I just gave a director friend of mine his first TV directing gig. I'd like to see him succeed. He'll have to finish the show on his own now without a writer on set, or my help in the editing room.

Some people have made the argument that if they don't do this producing work or this editing, that someone else will do it, and this act won't hurt the companies. I respectfully disagree. If we ALL stop ALL work tomorrow, the impact of this strike will be felt much more quickly, much more acutely and it most likely will end sooner, putting our writers, our cast and our crews back to work sooner!

I spent nearly 12 hours today in the Negotiation Room with the companies. I watched our side desperately try to make a deal. We gave up our request to increase revenue on DVD's, something that was very painful to give up, but something we felt we had to in order to get a deal made in new media, which is our future.

I watched as the company's representatives treated us horrendously, disrespectfully, and then walked out on us at 9:30 and then lied to the trades, claiming we had broken off negotiations.

I can't in good conscience fight these bastards with one hand, while operating an avid with the other. I am on strike and I am not working for them. PERIOD.

You will use your own instincts and consciences to decide your own actions. But if you would like to follow in my footsteps (and those of many, many others who made this pledge at the showrunner's meating on Saturday), I encourage you to sign the trade ad that the WGA will be putting out on Tuesday by the dozens and dozens of showrunners who will simply not work at all beginning in the morning.

-Shawn Ryan

Read More Fancast Coverage of the Strike

• Tina Fey joined the protesters, ironically, outside of 30 Rockefeller Center (30 Rock).

• Greg Daniels is trying to shut down production of The Office.

• And he's got both Rainn Wilson and Steve Carell in his corner. Also lending their support were Julia Louis-Dreyfuss and Jay Leno.

• I met B.J. Novak at 'The Office' Convention last week. He was a funny, smart guy. Which is why I'm confident he won't think twice about crossing the picket line.

• Perhaps the funniest moment of the day comes in the form of a police officer's musings. "They're writers. Couldn't they come up with anything better than 'On strike'?"

• The LA Times has a list monitoring the status of all the prime-time scripted series.

• The first casualty of the strike is late night television, which has gone dark.

• Is Jon Stewart paying the staff of The Daily Show and The Colbert Report two weeks salary to help tide them over during the strike?

Read More Fancast Coverage of the Strike

The Strike: Day 2

Hercules over at Ain't It Cool News has some additional information regarding who was where during Day 1:

“The Office” showrunner Greg Daniels is picketing his own Van Nuys set. Cast members – including Rainn Wilson, Jenna Fischer and John Krasinski as well as WGA members Steve Carell, B.J. Novak, Mindy Kaling and Paul Leiberstein – are not crossing the picket line.

While Rainn Wilson and Steve Carell had both been confirmed, the news that Jenna Fischer and John Krasinski didn't show to work is new. That B.J. Novak, Mindy Kaling and Paul Lieberstein also refused to cross should answer the question of "conflicting interests" covered in yesterday's Variety article.

Also sent into Hercules by AICN readers:

Grey's Anatomy & Private Practice:

"I have to tell all of you that this email directly reflects the stance I came to over a very long night in New York. I absolutely believed that I would edit our episodes. Until a thought hit me: how can I walk a picket line and then continue to essentially work? How am I supposed to look at myself in the mirror or look at my child years from now and know that I did not have the courage of my convictions to stand up and put myself more at risk than anyone else? So I choose not to render my services as a producer. I choose to honor the strike. And I am proud that you all stand with me."
-Shonda Rhimes

Lost:

J.J. Abrams picketed alongside the producers of LOST.

Desperate Housewives:

"Desperate Housewives" showrunner Marc Cherry picketed Universal Monday, alongside WGA President Patric Veronne and lead negotiator David Young. Entertainment Tonight popped by as well. Marc will be back tomorrow, he is picketing with his entire writing staff.

Battlestar Galactica:

Outside of Universal this morning was the bearded one himself, ["Battlestar Galactica" showrunner] Ron Moore, picketing the Universal Studios Gates with the entire writing staff.

Pushing Daisies:

Bryan Fuller was picketing Warner Brothers with the entire writing staff of PUSHING DAISIES.

The Sarah Connor Chronicles:

I can confirm that the entire writing staff of TERMINATOR: THE SARAH CONNOR CHRONICLES, including showrunners John Wirth and Josh Friedman, were out picketing at Warner Bros today.

Rules of Engagement:

Rules of Engagement, starring David Spade and Patrick Warburton has officially shut down as well. Their last episode was filmed Sunday night instead of the usual Tuesday night. I work on the show and it's officially shut down until further notice.

Joss Whedon:

Joss Whedon's fan club, Whedoneque, had pizzas delivered to all gates, including a special anchovies-only for Jane Espenson (she did drop by and did enjoy a slice).

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The Strike: Day 2

Obviously, the strike is bad for all of scripted television. But the most tragic turn may be that Scrubs, one of the great comedy series of the past 10 years, could be robbed of the final episodes of its long and distinguished run.

'Scrubs' has only shot 12 of its 18 episodes, leaving the final six in purgatory so long as the strike continues. Obviously there are far greater issues at stake right now, but this is a blow that hurts more than others.

After 150 episodes (Episode 12 of season seven will be the 151st) it's amazing to imagine the curtain call of a classic series may never see the light of day.

The Hollywood Reporter caught up with 'Scrubs' creator Bill Lawrence for his take on the situation:

"On a personal level, yeah, it would be nice to finish work on 'Scrubs' the way I wanted to," creator-executive producer Bill Lawrence said. "That it looks like it's not happening is certainly disappointing, I can't lie. But it's also not the end of the world. The last thing anybody wants to hear right now is some idiot saying, 'Hey, I worked really hard on my show, I want to end it the way I want to end it!' It's hard to care right now about any legacy."

Lawrence hasn't done much in the way of stockpiling "Scrubs" episodes in anticipation of a writers walkout. There are two scripts written and ready to shoot, "and with a single-camera show, once a script is locked, you have no real rewrites," he said. That will take "Scrubs" up through Episode 12, six episodes short of the ending Lawrence had envisioned for the show.

Still, giving "Scrubs" a proper sendoff is low on Lawrence's priority list at the moment.

"What I care about more than anything right now is getting this thing settled so it's either a short strike or no strike," he said on Friday. "Right now, I fear that a lot of the writers have no real clue just how tough this is going to be. I'd imagine things will get very grim sometime after Christmas."

Lawrence is quick to point out it's not himself he worries about but his crew and some of his writers.

"I've kind of won the lottery in having a few shows that went to syndication in both 'Scrubs' and 'Spin City,' so anything I say about my own sacrifice would drip with selfishness. This is such a bigger deal for the guys who work below the line and largely live hand-to-mouth and the younger writers who can't go without a paycheck for very long. I'm just a lucky SOB, no matter what happens to my show from here."

Lawrence is obviously a humble, intelligent man who has his priorities straight. And he's absolutely right on all counts. Unfortunately none of that makes it any easier to stomach.

» Watch Full Episodes of 'Scrubs'

Read More Fancast Coverage of the Strike

The Strike: Day 2

Fans of Lost, anxious for its return after an extended hiatus, can't be too happy with the news that the show has only eight episodes in the can. As if that wasn't enough, the Hollywood Insider blogs that according to exec producer Carlton Cuse, the eighth episode ends in a cliffhanger

If the strike is prolonged and the scribes can't get back to work writing the rest of the episodes, fans are going to be stuck with the kind of stunted season they were forced to endure last year. "It will feel like buying a Harry Potter book, reading half of it, and then having to put it down for many months," explains Cuse. "There is a cliffhanger at the end of the eighth episode. It will only be frustrating [for viewers] to have to step away from the show and not see the second half of the season.

"The first half of the season, like a good novel, sets all the events of the show in motion and the second half deals with the consequences," Cuse continued. "We're very proud of the first eight but it feels weird to have to stop literally mid-stream.".

One has to think that come February, if ABC only has eight episodes, they'll be smart enough not to air them. While it'd be curious to see who fans would blame for the shortened season, in the end, the victim would be 'Lost' itself.

» Watch Exclusive Video Clips of 'Lost'

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The Strike: Day 2

To say Monday wasn't exactly the most productive day in the world of television would be like saying the writers are slightly miffed with their contracts.

The Office managed to shoot two scenes yesterday while The Ellen DeGeneres Show hit a small snag when Ellen didn't show up for work in support of her writers.

Also of note, the writers on Dancing with the Stars went on strike. I guess we ought not expect any killer plot twists this week.

» Watch Full Episodes of 'The Office'

Read More Fancast Coverage of the Strike

The Strike: Day 2

Since talks of the strike began, I've been going on about how it would help this year's crop of freshman series. While it's proved out for series that have already aired, Cashmere Mafia, which was set to debut on November 27th after Dancing with the Stars, has suffered the opposite fate.

ABC has pulled 'Cashmere' from the schedule and unless another scripted program bombs completely, it's unlikely the show will ever see the light of day.

Read More Fancast Coverage of the Strike

The Strike: Day 3

Eva Longoria Parker was broken to tears after being picketed during shooting of Desperate Housewives. Longoria Parker has been one of the only big name stars to cross the line and shoot, despite the fact that 'Housewives' will shut down production as early as Wednesday.

The NY Daily News provides a firsthand account:

Longoria, the sexy star of the ABC hit, was reduced to tears while the boisterous wordsmiths walked outside the Burbank set chanting, "We write the story-a, Eva Longoria!"

Louis-Dreyfus, whose CBS sitcom "The New Adventures of Old Christine" has been shut down due to the labor stoppage, implored Longoria to join her on the picket line.

"I understand she is in a really tricky position, but it would be awfully nice if she'd said she wouldn't work today," Louis-Dreyfus said. "She's certainly in a financial position to be able to say that."

Longoria, the only top name on the star-studded cast filming yesterday, approached the writers just after noon bearing pizzas and a promise to join them today.

"I absolutely support the writers," Longoria said. "Without writers, I wouldn't be who I am."

Her doe eyes welled with tears as the strikers grew louder, chanting, "We've got Julia, yes we do! Hey now, Eva, what about you?"

Longoria said she had to "honor my union and show up" to film the scene.

"This show is shutting down," she said. "We're going to be on the lines. I care about people losing their homes, you know, my hair and makeup artists who can't make ends meet if they don't have a paycheck."

But Longoria's pizza pitch didn't pan out, as the chants changed to "No justice, no pizza!" and, "This isn't the piece of pie we meant!"

Comedian Wanda Sykes, who co-stars on Louis-Dreyfus' show, said Longoria had a lame excuse for working while other stars are walking.

"I'm not working. She's working," Sykes said in defiance.

One has to wonder exactly what Longoria Parker is thinking. The first two days saw big name stars are either vocally lending their support to the writers or absenting themselves from shoots out of respect.

While the sheer volume of stars protesting or not showing to work render the producers impotent, crossing the line isn't something that's likely be soon forgotten by the writers.

Read More Fancast Coverage of the Strike

The Strike: Day 3

Since the strike began, I've been talking to people who have only casually followed the proceedings. The overwhelming sentiment is that the strike isn't that significant, with most viewers believing it will end before their favorite shows are truly affected.

Unfortunately, all indications are the strike will be a long one. The Hollywood Insider has an article the seems to echo the sentiment of most experts:

A sickening sense is spreading through Hollywood that the WGA strike could drag on for some time, if only because the guild and the studios appear so polarized after their 3 1/2 months of stormy negotiations.

"My gut tells me at this point that it's going to be a long strike," said Alan Brunswick, a former AMPTP staff counsel now with Manatt, Phelps & Phillips. "Both sides at this point are too entrenched for it to end quickly. I want to be wrong about this one, but the two sides are so angry with each other that it's probably going to be awhile."

One possible way to cut through the current atmosphere of distrust might be for the parties to put their faith in back-channel communications, Brunswick added.

"The only way for things to get resolved is by people getting in the bargaining room and talking," a highly placed industryite observed. "Both sides have to push their leadership for that, and both sides have to be willing to do it.

"But right now, it feels like (a resumption of talks) will come later rather than sooner," the insider added with a sigh. "Both sides are going have to feel the pain before people are going to go back in and negotiate. Everybody has painted themselves into a corner."

Here's hoping things get better before they get worse. Just don't hold your breath.

Read More Fancast Coverage of the Strike

The Strike: Day 3

Ray Richmond has been doing as fine a job as anyone blogging about the strike. I highly recommend reading through Past Deadline if you're interested in a Left Coast trade writers' take on the entire thing.

In the meantime, one particular post to take note of is his analysis of just how little money we're talking about:

The WGA wanted a doubling of its residual share from the sale of members' work on DVD. Right now, it's about a nickel per disc, less if it's well below $20. That would have brought them to a dime per DVD. Writers collectively earned $56.6 million from DVD and videocassette sales in 2006. A doubling would have taken them to roughly $115 million annually, or well under what it cost to make "Evan Almighty."

But the WGA, in the interest of expediency and good faith, took the demand to double the DVD formula off the table. Now we're back to $56.6 million out of the studios' collective pocket. The guild has made clear it will settle for nothing less than a fair share of revenue from Internet downloads. In this case, however, "fair share" is almost too generous a phrasing. The studios were discussing a proposal that would pay a scant 1.2% of all license fees from downloads of TV shows streamed on the Internet. That's 1.2% for the professionals without whose creative efforts the show wouldn't exist. If it earned $1 billion annually, let's say -- and right now it's nowhere near that -- that's a mere $10.2 million.

Now, I'm not an accountant but if these numbers ring true, what the hell is going on right now? Can the AMPTP really be that cheap? Is anyone's ego really that big that they'd piss away millions of dollars and people's jobs just to make sure the writers stay in their place?

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The Strike: Day 3

The first victims of the strike have been identified. Variety reports:

...word leaked out that "The Tonight Show with Jay Leno" and "Late Night with Conan O'Brien" have told their support staffs they would be laid off in two weeks, barring a strike settlement. "Late Show with David Letterman" has also put its staffers on notice.

It's only going to get worse as the first wave of layoffs are going to be people who live check to check and considered "expendable," by the big money men. Even more frustrating is they have no direct stake in the negotiations.

Best of luck to all those affected and their families. Here's hoping things get settled before then.

Read More Fancast Coverage of the Strike

The Strike: Day 3

In what could be a mutually beneficial political move, Barack Obama, Hillary Clinton and John Edwards, the three leading candidates in the Democratic Primary have all backed the writers union.

At this point, most people just see this as a battle between the rich and the rich, when it's very much a David vs. Goliath tale. But if the candidates are able to help the writers in portraying this as a fight for worker's rights, it will benefit not only the WGA, but the Democratic Party.

Because as the country grows less and less found of rich people with every passing day, it's a safe bet that the average citizen would side with the union fighting for 2% of the pie. And the politicians who supported them.

The candidates issued the following statements via press release:

Barack Obama:

"I stand with the writers. The Guild's demand is a test of whether corporate media corporations are going to give writers a fair share of the wealth their work creates or continue concentrating profits in the hands of their executives. I urge the producers to work with the writers so that everyone can get back to work."

Hillary Clinton:

"I support the Writers Guild’s pursuit of a fair contract that pays them for their work in all mediums. I hope the producers and writers will return to the bargaining table to work out an equitable contract that keeps our entertainment industry strong and recognizes the contributions writers make to the success of the industry."

John Edwards:

"The striking Writers Guild members are fighting an important battle to protect their creative rights. These writers deserve to be compensated fairly for their work, and I commend their courage in standing up to big media conglomerates. As someone who has walked picket lines with workers all across America and as a strong believer in collective bargaining, I hope that both sides are able to quickly reach a just settlement."

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The Strike: Day 3

Add Desperate Housewives to the list of the shows that will be shutting down production as a result of the strike. According to multiple sources, shooting on 'Housewives' will halt today after running out of scripts.

The 'Housewives' join The Office as the most visible work stoppages of the strike after Steve Carell didn't show for work on Tuesday, his second straight absence. Rainn Wilson also called out sick for the second straight day (how funny would it be if he's really just sick) as Greg Daniels, B.J. Novak, Mindy Kaling and Paul Lieberstein all continued to picket, according to various reports from the scenes.

Also forced to close up shop were The New Adventures of Old Christine, Rules of Engagement, Two and a Half Men and The Big Bang Theory for CBS and Back to You and 'Til Death for Fox.

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The Strike: Day 3

Add Joss Whedon, creator of Buffy the Vampire Slayer, Angel and Firefly to the list of showrunners backing the writers via written statement. Whedon writing to the comments of his fan club Whedonesque (which had pizzas delivered to the writers at all of the studio gates yesterday):

Sick as a dog but proud as a noble and much healthier dog, I made my way to the picket lines outside of Fox studios today. I’m really glad I did. In addition to carrying the banner, it was a chance to talk with other writers, get more perspectives and more information about what’s happening, and to see a surprising number of old friends. David Fury and Mere Smith were there, as well as many non-mutant enemies that I know. We were all caught in that giddy first burst of solidarity and fear. Nobody thinks this is going to be easy. But everybody there knows that, as things stand, it has to be.

A particularly gratifying and unexpected sight was that of Aly and Alexis, along with Cobie Smulders, marching shoulder to shoulder with the HIMYM scribes. Aly and Alexis even brought boxes of candy bars to hand out to the flagging marchers (actually, I was the only one who appeared to be flagging – even the pregnant writer outlasted me). Mere told me young Boreanaz had also been there earlier that day. I was really touched, but my actor-friends were very matter-of-fact about the whole thing. They understand that the issues at hand affect the future of the entire creative community here, and that the writers, by virtue of being first, will set a precedent that affects all the guilds. That is why we writers have to be firm, intractable and absolute in our dedication to getting a fair deal. And that’s all we’re talking about: a fair deal. For us, and for generations of artists to come.

Sounds pretty damn pompous, no? “Generations to come…”? Yeesh. But it’s true. Our culture, our government, our corporate structures have all gotten pretty used to taking care of ourselves at the expense of our children and their children. Part of this is simple greed, part is immediate practicality trumping long-view perspective, and part is perfectly understandable fear. It’s easier to take what you’e given, not protest, not make a fuss. A lot of people will suffer grievously if this strike isn’t quickly resolved, and the men and women who voted for it know that. But like so many things – our eco-system being the most obvious – if we don’t make it work now, what’s to come will be much worse.

Let me be clear on one point: I know I have it easy. I’ve done well, and I’m grateful that I can weather a long winter. Compared to what the studios have made off me my share is tiny and cute, but I’m in no position to complain. But take that differential, apply it to someone who’s just getting by when they deserve better. Now take it and… well, just take it, ‘cause when it comes to the internet and the emerging media there’s nothing there for the artists. There’s no precedent; these media didn’t exist the last time a contract was negotiated. We’re not just talking about an unfair deal, we’re talking about no deal at all. Four cents from the sale of a DVD (the standing WGA deal) sounds exactly as paltry as it is, but in a decade DVD may have gone the way of the eight-track. We have to protect the rights of the people who tell the stories, however they’re told. I’m never gonna be as articulate as Shawn or Brian (both of whom have been linked here, I believe), but I am just as committed. And a lot phlegmier.

I don’t think of the studio heads as a bunch of grinning tycoons sitting in a smoke-filled club and drumming their fingers like Montgomery Burns. I know some of those guys. I think they’re worried about the future as much as anyone. But they are beholden to their corporations, and that inevitably causes entrenchment and shortsightedness. They can’t afford that. This is an era of change, and for the giant conglomo-tainment empires, it will either be the Renaissance or the Ice Age. Because we will not stand down. Writers can be replaced, as we are constantly reminded. But so can companies. Power is on the move, and though in this town it’s been hoarded by very few, there are other companies with newer ideas about how to make money off of – or possibly, wonderfully, with – the story-tellers. Personally, I like things almost the way they are. I truly hope the executives negotiating for the AMPTP make the few simple concessions that will allow us to work with them again. I want to work. I have this idea, for a show about a girl… I even have the actress for it. And if we strike effectively, maybe she won’t have to.

I honestly started this post because of Aly and Alexis and their candy bars. But… well… there’s a lot going on. Huge props to the pizza people. Your support during this strike means more than I can express. (Note to self: picket near Jane.) I hope it won’t be long. I watched my Father strike, back in ’88. It was hard. But I was proud. I’m proud now.

Sincerely, -joss.

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The Strike: Day 3

Granted there's very little good about the strike, but some accounts read almost like a dramatic act in a TV show or movie. Gives you a sort of bubbly feeling and makes you wish you were there.

David Latt over at United Hollywood (a good site for those that want the stories from the frontlines) provides one such account:

On Day 2 many more people used the Madison Gate. At our location, as around the studio, lots of cars passed by, honking their horns in support. More actors came out. Drivers too are showing that they back our effort. Two teamsters refused to enter the lot when they saw our pickets.

One truck, on Culver, was about to enter a side gate, when he saw the pickets and refused to enter. Guards from the studio were forced to unload his truck on the street. The milk man would not cross our picket lines, so the guards make the trek, back and forth, their arms loaded down with milk. The other truck, I'm told, was in the left turn lane about to enter the Overland lot, when he decided he couldn't cross the picket line. His response was dramatic: he left his truck idling in the street and walked away.

Really makes you feel riotous doesn't it?

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The Strike: Day 4

Are the suits and moneymen in Hollywood ruining television's creativity? If anyone would know, it'd be Marshall Herskovitz, co-creator of the heralded but short-lived My So-Called Life (which was October's DVD of the month). The series was brutalized by network interference, suffering a two-year delay before getting picked up and living in a perpetual state of uncertainty.

In an op-ed for the Los Angeles Times, Herskovitz addresses many issues including the strike and the effect of corporate interference on artistic creativity:

After 20 years and five series, including "thirtysomething" and "My So-Called Life," my partner, Ed Zwick, and I have -- for the time being at least -- stopped producing television programs.

It's not personal. I count as friends many of the executives who work at the networks. We had a deal at one network, ABC, for all of those 20 years, and, in spite of many regime changes, we were always treated with great respect. This is not about how we were treated but rather something much larger: How a confluence of government policy and corporate strategy is literally poisoning the TV business.

It started in 1995 when the Federal Communications Commission abolished its long-standing "finsyn" rules (that's financial interest and syndication, for those unfamiliar with the term), allowing networks for the first time to own the programs they broadcast. Before that, under classic antitrust definitions, the networks had been confined to the role of broadcaster, paying a license fee to production companies for the right to broadcast programs just two times. The production companies owned all subsequent rights. In the mid-1990s there were 40 independent production companies making television shows. If a particular network didn't like a show -- as famously happened with "The Cosby Show" many years ago -- the production company could take it to another network.

But not after 1995. The abolition of the old rules set in motion an ineluctable process, one that has negatively affected every creative person I know in television. Today there are zero independent production companies making scripted television. They were all forced out of business by the networks' insistence -- following the FCC's fin-syn ruling -- on owning part or all of every program they broadcast.

The most profound change resulting from that ruling is the way networks go about the business of creating programming. Networks today exert a level of creative control unprecedented in the history of the medium. The stories my friends tell me would make me laugh if the situation weren't so self-defeating. Network executives routinely tell producers to change the color of the walls on sets; routinely decide on the proper wardrobe for actors; routinely have "tone" meetings with directors on upcoming pilots; routinely give notes on every page of a script. (When we did "thirtysomething" in the late '80s, we never received network notes.) And by the way, they have every right to do these things. As owners, they have a responsibility to satisfy themselves that their product is competitive and successful.

The problem, of course, is that these executives often have little background or qualification for making creative decisions. They are guided by market research and -- they want to believe -- a learned intuition about what the public wants. This season's new shows have been a good indicator of how successful that strategy is: Even before the current writer's strike, virtually every new show was struggling.

But the changes have gone further. Over the last few years -- during a time when network profits have been increasing -- salaries and profit participation for the writer-producers who create the shows have been slashed. Fees were cut by one-third to one-half, and profit participation in many cases was effectively eliminated. It's a curious (and peculiarly American) fact that many of the great artistic talents in the history of film and TV also have been entrepreneurs: Chaplin, Capra, Serling, Pakula, Lucas, Spielberg -- the list goes on. For reasons that are probably more psychological than anything else, creative and financial independence seem to go hand in hand.

Yet what we have now is a complete absence of either in the world of television. Your TV may receive 200 channels, but virtually every one of them is owned by one of six big companies -- NBC Universal, Disney, Time Warner, Viacom/Paramount, Sony and News Corp. And each channel has a brand identity dictated by those companies to which each program must adhere. Producers are now employees, not creators. If you were foolish enough to independently produce a TV pilot today, when you took it to the network, you would give up at least half of your ownership and all of your control, even though the network wouldn't pay any more than it used to pay as that old license fee.

Is there significance to this, outside the narrow concerns of Hollywood and the lost earning power of producers? I think so. Besides any esoteric discussion of the value of storytelling in a culture -- which I believe is immense -- this trend is part of a larger problem caused by the FCC in all areas of media. The relaxation of the Fairness Doctrine (which required the networks to present the news in a balanced way), the lapse of any oversight of networks' civic responsibility, the commoditization of network news -- these are all parts of a troubling move toward the aggregation of control of information in an ever-shrinking number of entities.

Our founding fathers could not have foreseen that freedom of the press might eventually be threatened just as much by media consolidation as by government. And if you doubt that's happening, just watch Bill Moyers' recent expose on the networks' passive collusion with government in selling the Iraq war.

Because the business of television has become an exclusive club, closed to new members, some producers are turning to the Internet to have a voice. And, of course, the Big Six are doing everything they can to own and control that as well. Already, it's impossible to make an "overall deal" -- the time-honored arrangement in which producers are kept on retainer to develop shows for a particular network -- without agreeing to be exclusive to the network on the Internet as well as television. The logic of this defies all laws of economics; producers pledge fealty to networks because they (the producers) don't have the millions it takes to shoot, distribute and broadcast their own programs on television. Producing for the Internet, on the other hand, costs as little as $30,000 an hour, and "broadcasting" costs much less. Virtually anyone can do it.

So what value do the networks provide that makes it worthwhile for producers to agree to that exclusivity? You tell me, because I can't figure it out. Less polite folks might call it extortion.

Zwick and I have joined that migration to the Internet. We've created a project called "quarterlife" -- a series and a social network -- that we own and control, and we had to give up our TV deal in order to do it. The series will premiere Sunday on MySpace and then on our site, quarterlife.com, the next night. We've worked very hard, and spent a great deal of our own money, to make it as good as anything we've ever done on television. And we've gotten calls from every guild and virtually every producer we know, all of whom are curious to see if this little experiment can succeed. Because if it does, it will prove that there's a way to independently produce, finance and distribute ambitious content on the Internet. And if we can do it, others can do it. To be sure, there's every possibility this series will end up on television after it's established on the Internet, but only if we still own it and control it creatively, which would make it unique in today's landscape.

The problems of network ownership and creative control are not directly at issue in the current strike by the Writers Guild of America. What's at stake is how writers will be compensated, given the control everyone assumes the big companies will exert over new methods of delivery.

But make no mistake -- deep resentment in the entire creative community over the absolute power now wielded by these companies is the fuel that feeds the strike. The public is also fed up, turning out in droves and sending millions of e-mails whenever the FCC holds hearings on the subject. And yet the large corporations move forward, seemingly unaware that they are strangling the creative engine that might save them.

Within five years there won't be a significant distinction between TV and broadband. As of now, the Internet is just too big for any company to get its hands around, and that's good for all of us. If the large companies -- and the FCC -- cannot come to comprehend the paradox that too much control is destructive to their own ends, they may bring about their own downfall, losing their audience and their workers at the same time.

As I've said many times over (and still found ways to contradict myself), there's nothing good about the strike. But the dialogue that's been opened as a result of it has been wonderful. If nothing else, the strike has provided a forum for truly important minds in television to be heard -- and not just through their characters.

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The Strike: Day 4
Maureen Ryan of the Chicago Tribune speculates on how the strike will affect this seasons crop of shows.

According to show creator Craig Wright, Dirty Sexy Money may be in jeopardy (much to my surprise the show has grown on me and is among my favs of the new season). The biggest issue facing 'Money' is that it wasn't picked up for a full season prior to the strike:

Last Friday, three days before the Writers Guild of America went on strike, the ABC drama's creator and executive producer, Craig Wright, sounded pessimistic about the show’s chances in the face of the scribes’ walkout (there's more on the strike here).

“I believe the show might end with Episode 10 — that might be the last one aired,” said Wright. He added that he supports the WGA strike, which largely revolves around writers compensation for Internet use of TV shows and films.

If the strike drags on for months and ABC ends up canceling the show, there’s a chance that we could be done with “Dirty Sexy Money” — and many other new programs on the broadcast networks — by the end of the month.

In the weeks leading to the strike, I'd have disagreed with Ryan. But as of now, she could very well be right. I don't know that the studios realized how fervently the WGA would attempt to completely shut down production of their shows, regardless of whether or not there are remaining scripts to be shot.

Ryan wonders whether the strike may give networks a chance for a complete do-over:

On the other hand, the strike might give the networks the chance at a do-over. Executives might decide, especially if the strike continues into the new year, to ditch the majority of new shows that they rolled out mere weeks ago.

No, I don’t understand how spending tens of millions of dollars on new shows and expensive P.R. campaigns, then killing the majority of those same programs two months later makes any sense either. Trying to figure out network logic is one sure-fired way to give yourself a migraine, so don’t bother trying.

This year's crop of shows has been paltry, no doubt. But on this count I think she's wrong. Once the strike is over, it's doubtful that the relationship between writers and studios is going to be peachy from the get. The transition of rebuilding trust through existing programming is far more likely than trying to get back into the swing of things with