The calm after the storm. Assessing post-strike
damages.
Though the bitter negotiating of the writers' union strike is
over, the TV industry's new struggles may be just beginning. The
Writers Guild of America (WGA) strike against the producers'
association came to an end on February 12 when the union officially
accepted the contract laid out by the studios. Starting in early
November, the strike halted most production in both TV and film for over
three months and wreaked financial havoc throughout the industry and the
city of Los Angeles in particular. However, in spite of the fact that
production has now slowly but surely resumed, writers and studios alike
will not be able to breathe a sigh of relief until the long-term
industry-wide consequences of the strike become apparent.
By the strike's 15th week, both sides were eager to reach an
agreement. The combined threats of the Oscars being cancelled and the
2008 pilot season being compromised pushed the adversaries to end the
deadlock. Additionally, had the strike continued through June, when the
Screen Actors Guild contract expires, the actors' union promised to
officially join the writers on the picket line.
For the most part, the WGA's demands were scaled back to
hasten an agreement. The union relinquished its request that animation
and reality TV writers be permitted to join the union and also reduced
its demands for Internet residuals. In the final agreement, the union
was granted a flat rate of about $1,300 for Internet content and two
percent residuals on distributions gross revenue after a period of two
years. The WGA also conceded its appeal for increased DVD residuals.
Production resumed on February 15, a few days after the new
contract was ratified. Easy-to-make sitcoms were churning out new
episodes in a matter of weeks. NBC's Saturday Night Live, which was
one of the first series to go dark, led the mass return to the airwaves
on February 23. Single camera comedies and dramas take longer to produce
than in-studio three-camera comedies, and network executives predict
that they will return by early April. For the most part, networks are
focusing on completing as many episodes of "hit" series as
possible. Shows that are not considered hits will take a back seat, and
many will not return until the fall.
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Though the immediate effects--season delays and cancellations--have
been observable, the lasting effects of the strike will take months to
unravel. The first sign of long-term fallout hit before the strike even
ended, with dramatic announcements from major studios. NBC, ABC and FOX
came forward in mid-January to announce extreme cut-backs in the number
of pilots they will produce for the upcoming fall season. The following
week at NATPE, Jeff Zucker, president and CEO of NBC Universal,
explained in his keynote address that, in spite of the lost revenue, his
company was taking a positive outlook on the strike and suggested that
the strike may have served to "clear the ground for robust
growth."
Zucker went on to outline that with its clean slate, NBC plans to
restructure its new series development strategy. With the new system,
NBC aims to reduce its waste by millions of dollars. In the past, the
network has poured cash into as many as 80 pilots, with only about 10
percent making it to air. Of that 10 percent only one or two could be
counted as "hits." Beginning this fall, NBC will produce only
a handful of pilots, ordering the rest of its line-up directly to air.
"This is not about making less programs," said Zucker,
"This is about making less waste." Though writers may see the
change as a slap in the face after their hard-fought contractual battle,
the networks guarantee that the change is purely a financial decision.
However, despite the money it would save the networks, the new
pilot system will take a toll on the writers. Many scribes are skeptical
of NBC'S plan, claiming that the networks are shooting themselves
in the foot by eliminating research and development and are confident
that the old system will be back in no time. But if the new system
sticks, reducing pilot production by the proposed 90 percent or more
would also reduce the number of writers who get a shot at having their
shows made. After the shaky start to 2008, with the seemingly
interminable strike and compromises in their contract, writers must
prepare for yet another blow. Productions has also been accelerated as a
precaution against a possible actors' strike. This situation has
created a labor crunch which is further exacerbating the new
season's developments.
In late February, NBC announced yet another change of approach,
this time regarding how it pitches content to advertisers. Rather than
the traditional upfront presentation, NBC will now hold an event in
which they present their entire 52-week lineup. The aim of the new
system is to provide a complete picture of NBC's scheduling
strategy, and take some of the pressure off primetime programming as the
biggest draw for advertisers.
Marion Edwards, president of International Television for 20th
Century Fox Distribution, agreed that although "it's got to be
a good thing to figure out how to not write off 50, 60, 70-thousand
dollar pilots," NBC's new strategy is far from being adopted
by everyone. Edwards suggested that the future of the industry is, as of
now, totally unpredictable and, where development strategies are
concerned, it's going to take a lot of trial and error to get it
right. "We're in the Wild West at this point," said
Edwards, "It's too early to tell what will work and what
won't."
While a fail-safe system will take some time to be worked out,
studio executives are in agreement on one thing: the pilot system of
past years is no longer viable. "We'll all benefit from a more
efficient business model," said Edwards. However, she cautioned,
ordering seven episodes of a season and watching it fail is not
substantially different from the old pilot process. Instead, Edwards
suggested that the Internet may be the perfect venue for
"incubating" new material, as 20th Century Fox is currently
doing with its Web series Iris Expanding.
Similarly, as VideoAge reported in its front cover story, Patric M.
Verrone, president of the WGA West, commented that the legacy of the
strike would be the writers' increased competence with
do-it-yourself distribution over the Internet. Over the course of the
strike, unemployed writers utilized the Internet to showcase their
languishing talents. Strike spoofs and viral videos penned by strikers
popped up all over the Internet. In his keynote speech at NATPE, Jeff
Zucker pointed out that networks need to learn how to better incorporate
the Internet and mobile technology into their business plans. Perhaps
this is their chance.
RELATED ARTICLE: KEY POINTS OF THE WRITERS' NEW THREE-YEAR
CONTRACT.
In its list of initial demands, the WGA wanted to gain jurisdiction
of animation and reality TV. But ultimately they had to remove these
jurisdictional demands from the negotiations. The WGA will concentrate
on organizing these areas outside of contract negotiations.
The writers asked for an increase in DVD residuals, which currently
pays them approximately four cents per sale. They were unable to
increase the DVD rate in this contract.
The writers initially asked for 2.5 percent of Internet and
streaming residuals and changed that to a more fixed formula at the
request of media conglomerates. In the new contract, writers will
receive a flat residual during the first two years (for a one-hour
program, the payment will be $654 in the first year and $677 in the
second year.) In the third year of the contract, writers will receive
two percent of distributions' gross revenue.
The contract recognizes the WGA as the exclusive bargaining
representative for writing in new media. It also establishes minimums
for writing in new media.
The contract allows for annual salary raises of three to three and
a half percent for most writers.
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