Here is what is clear to me based on new reporting about the entrenched positions of both sides: hopes for any kind of settlement have dimmed. I have learned that last week Jeffrey Katzenberg tried and failed to backchannel a compromise that would have brought both the WGA and the AMPTP back to the bargaining table. It was an effort that was laudable. But the fact that it was unsuccessful dramatically points up disturbing realities, I have learned: that the CEOs are deeply entrenched in their desire to punish the WGA for daring to defy them by striking and to bully the writers into submission on every issue, and that the moguls consider the writers are sadly misguided to believe they have any leverage left. I’m told the CEOs are determined to write off not just the rest of this TV season (including the Back 9 of scripted series), but also pilot season and the 2008/2009 schedule as well. Indeed, network orders for reality TV shows are pouring into the agencies right now. The studios and networks also are intent on changing the way they do TV development so they can stop spending hundreds of millions of dollars in order to see just a few new shows succeed. As for advertising, the CEOs seem determined to do away with the upfront business and instead make their money from the scatter market. I’m sorry to break this disappointing development right before Christmas, but I pledged to stay objective in my reporting and I can’t ignore this major news development. The truth often hurts. But don’t blame the messenger. And, no, this info wasn’t dumped in my lap, either. (That only happens over at Variety or the Los Angeles Times…)
The WGA-AMPTP post-strike talks fell apart December 7th when the mogul reps issued an ultimatum, containing six issues which the WGA needed to take off the table for any talks to continue, then ended all negotiations. Katzenberg as both a moderate this time around (he was a hardliner back during the WGA strike of 1988) and a bit player (as head of small DreamWorks Animation) has been marginalized by the Big Media moguls during these negotiations (unlike ’88 when he headed Walt Disney Studios and was a major henchman). Despite his lowly status, Jeffrey made an effort, with the full knowledge of the other CEOs, to get the talks restarted. “Ultimately, what he was trying to do was to bring both sides back before the DGA started negotiating,” a source told me.
So Katzenberg organized three give-and-take sessions between himself and 30 to 40 TV showrunners seeking his advice because of their concern about the WGA’s negotiating strategy. These so-called dissidents claim to represent at least a 100 hyphenates. And they say they had the blessing of three members of the WGA negotiating committee. But WGA insiders maintain there is no widespread showrunner movement to negotiate independently, “just a small group who mistakenly thought they could maneuver behind the scenes (with only the best intentions) but were blindsided by the AMPTP,” as an influential WGA insider tells me. WGA leadership claims showrunner unanimity and points to a series of smaller showrunner informational meetings that took place during the same period of time which included at least a hundred if not more. But not only WGA negotiating committee member Carlton Cuse went back to work to finish his producing duties on Lost without the knowledge of the general membership, so, too, did Marc Cherry, the Desperate Housewives showrunner and another WGA negotiating member. There’s no question many showrunners are now in solidarity with WGA leadership, both some are not. It’s true the strike is being waged on their backs because of their influential positions. And while these producer/writers are on the picket lines, the WGA for some reason has not gone after the director/writers or the actor/writers to stop working as the guild promised it would.
According to sources, Katzenberg told the dissident showrunners, “If your WGA leaders don’t make a deal with us before the DGA, my concern is you’ll never make a deal with us. The guild will break down and key people like yourselves will go Fi-Core. It’ll be 1988 all over again almost to the week and month. It’s my belief that it’s not in anyone’s interest, in fact it would be bad for the Industry as a whole, for the guild to get divided. And that’s what’s going to happen.”
Then Katzenberg went to Barry Meyer, the Warner Bros chairman/CEO considered a hardliner among the moguls, and told him that this clique of showrunners were ready to go to their leadership and tell them to focus only on New Media issues if the talks re-started. But the moguls needed to go back into negotiations without any conditions so that ultimatum had to be taken off the table. “Jeffrey told Barry, ‘I’m confident we will get a deal done if you go back in the room with the WGA now,’” an insider confided.
But Meyer, obviously speaking for the rest of the CEOs, refused. Now those dissident showrunners, I’m told, feel really burned. ”They totally understood now what the negotiating committee has been through for the past six months and were very apologetic that they had questioned leadership up until now. ‘Sheepish’ was the word I heard used,” one influential WGA insider tells me. ”Although now there really aren’t two differing opinions anymore. We all think the AMPTP sucks and that our guys have been sandbagged throughout this process.” So no talks are planned, none are anticipated, and if the moguls continue to have their way and blow up the TV development process, none will be forthcoming for months and months. That is the reality.
I am now convinced that the 8 Big Media moguls pretty much have a vice-like grip on how this strike will get settled. And virtually no amount of external pressure will force their hand. I know from my many years of reporting on labor negotiations in the U.S. and abroad that, in any new contract negotiation, there is one watershed moment when the union and the companies can move the flag down the field in a meaningful way before ego, rhetoric, and the passage of time get the better of everyone involved. Has that moment come and gone? I honestly don’t know, but if it hasn’t, then it’s soon — very soon.
Editor-in-Chief Nikki Finke - tip her here.


The outlook wasn’t *already* grim?
Bah. Humbug. Merry F’in Christmas.
Disappointing. There’s too much “point-making” being done, and too little “deal-making”.
My prayers are with all of those who have been hurt by this strike. May rational minds return to the negotiations in Jan.
I sense a Christmas present coming… One last bit of psy-ops from the AMPTP before the holidays: “Go into Christmas knowing we’ll never negotiate with you. Ha ha.”
Sorry, Mr. Lehane, Mr. Counter, I’m not buying it…
Damn the AMPTP. I’m just a viewer who wants a fair deal made for the writers and who wants her shows back, but boy, this strike sure has created a lot of resentment from me towards these studio moguls who make millions of dollars a month and who can’t make a decent deal with their employees to get a fair wage for their work. They won’t even negotiate, let alone negotiate in fairness!! Frankly, they are making me sick. I hope they all choke on their egg nog tomorrow.
All I’ve seen in the headline…but is anyone surprised? The Psy-Ops that the AMPTP has been waging since day one would be incomplete without trying to dishearten writers and dash their hopes on the day before Christmas.
Sure it’s cruel…but not very imaginative.
F*CK!!!!!!!!!!!!!
I wonder what would happen if the fans truly supported the writers by boycotting television? What would the moguls do then? It wouldn’t matter how many reality shows poured in if no one watches them. Fans really need to get behind the writers.
-A Fan Who Supports the WGA (and who misses her favorite show!)
I’m a little confused. Katzenberg says “make a deal with us,” but I believe Dreamworks Animation is not even a guild signatory company. And word around town was that pre-strike, Dreamworks Animation was helping WGA members join the Animation Guild of the IA. I guess the good news for Katzenberg was that Barry Meyer took his call.
Okay, but who the hell wants to watch “reality” TV?
That was boring nonsense 5 years ago.
Fuck the moguls (except for JK, nice try). For some reason they have decided to destroy their businesses. It’s time for their shareholders to revolt. And just like the defiance against the Edison Trust 100 years ago this business will change because the filmmakers, not the big corporations, decide to change it.
the moguls are determined to write off not just the rest of this TV season (including the Back 9 of scripted series), but also pilot season and the 2008/2009 schedule as well
I’m surprised anyone believes this is anything other than a bogus position intended only to try to scare and intimidate people.
Maybe what Katzenberger should have told Meyer is that the moguls are quickly marginalizing themselves, and that the only fi-core we’re going to need is blowing up quickly in the form of straight-to-internet content companies, under Guild contract, of course.
I wonder if the dinosaurs looked up in the sky and wondered what that big ball of approaching fire was? I’d like to think the moguls have brains larger than walnuts, but it’s not looking too hopeful for them.
Merry x-mas.
So, essentially, the ultimatums of Dec. 7th WERE in fact a sham. They had no intention of negotiation with us prior to the DGA. Period. Not even if solely about new media. They’re… sorry, I am a writer, but this is the best I can do… pigs.
I’m confused by one point. How can the studios be willing to throw away the next TV season? That’s BILLIONS of dollars in upfront money. There’s no way advertisers will pay the same amount for reality shows and gameshows (outside of established ones, like American Idol, Survivor and Amazing Race.) I just don’t buy that they’d be so angry at the writers to throw away over ten times the amount of money the writers are asking for.
Thanks for all the great reporting, Nikki, happy holidays!
Fine. As someone else once said, Bring it on.
The CEO’s will lose television as we know it to Google and Microsoft. Let’s see the CEO’s try to push THEM around.
It’s a shame. All because they have little penises, are five feet tall, and/or were pushed around in grade school.
WGA is planning to go political after the first of the year. FCC, congressional hearings, sworn testimony like the tobacco case, etc. Plus, shareholder-led suits, SEC, etc.
Simply put, their positions as regards their fiduciary duties is not justifiable given the economics involved. They are throwing out the baby with the bathwater. They will be remembered as the group who presided over the end of TV as we know it.
Let them put on an all-reality schedule. Ha! Reality is already dying. It has no back end and is a shadow of what it once was. Plus, some members are planning a campagin called “If you believe in America, don’t watch American Idol” to include a viral video campaign that will give Peter Chernin nightmares.
Katzenberg is one of them, plain and simple. There is no fi-core movement. CEO’s are too stupid to realize that to split the Guild you need an offer the leadership says isn’t good enough. Where’s your offer? There is none. And NO ONE at this point will take an offer that doesn’t include Internet.
This ain’t 1988. And the quicker the CEO’s figure that out, the quicker they will realize that they are about to preside over the end of commercial television. CBS will become an outdoor advertising company. Is that what Les Moonves dreamed of when he finally stopped crying about being a failed actor?
A TRUE corporate leader would figure out a way to resolve this. These CEO’s are a bunch of wimps. What do they think, they’re going to reach a deal with the DGA and then we’ll cave and take it? Fat chance. If that’s what they think they are clueless. Get this through your heads, mogul morons: What scripts are there going to be for your directors to direct?
Not only that, they have bad intelligence if they haven’t heard, as the writers have, that the DGA has moved toward the WGA position over the last six weeks. High level meetings have taken place. If DGA doesn’t get a good offer for Internet, you can expect them to take up picketing also, and unlike twenty years ago, this one is going to go A LOT longer than a few hours.
Their refusal to pay anyone for the internet is the same as them declaring they will no longer tolerate unions for television or theatrical features. It’s the same thing since that’s where this industry is heading and everyone knows it. So by making the disastrous decision to break ALL unions they have invited not only a WGA strike, not only an inevitable SAG strike, but a likely strike by DGA as well. They are looking at a triple strike and with that kind of solidarity, lets’s see how Wall Street reacts. It’s not going to be pretty.
The studios had all the leverage until January 1st and they wasted it. Talk about not negotiating when you had the leverage, well, that is exactly the mistake the studios made. Starting now the leverage shifts to us. They are trying to spin this by acting like they don’t care about losing the rest of this television season or next. So Les Moonves runs a publicly traded television company and doesn’t care if it ever makes another television show?
Sounds to me like the dot-com bubble and the housing bubble have transititioned into the great media stock bubble. These film and television companies are not going to be worth much at all with no film and no television to sell.
But lest anyone be concerned for them, the Einstein of Entertainment, Jeff Zucker, has figured it all out. He’s got exactly what the American public has been clamoring for: old cable re-runs of Monk.
That was the funniest thing I’ve ever heard. As if Jeff Zucker hasn’t destroyed NBC enough already. Old cable re-runs of Monk is the answer to the problem. Maybe he should divide those old Monk re-runs by four and share them with the other networks.
I love it!
The WGA’s leverage is in the falling profit projections of the companies. Jeff Immelt has already degraded profits for GE in the 4th Quarter because of the strike. CEOs live and die by provided shareholder profits. When Wall Street notices and shareholders lose value, the game will change. The moguls are putting up a false front right now.
The major difference between writers and CEOs is that CEOs must be as risk adverse to stay in line with their shareholders (which explains all the stupid summer sequels).
Writers have endured years of extremely adverse odds to get where they are today and thus have already proved that they able to endure months and months of hard times.
That is what I call leverage.
I’ve always believed this was about breaking the Union. Unfortunately, no Christmas miracle here. It’s turning out to be true. Very sad news indeed.
The AMPTP needs to be labeled a terrorist organization. Their actions (choosing not to talk…c’mon, JUST FRIGGIN’ TALK!!!!) will destroy the lives of 100′s of thousands of people in this town (non-writers), and the local economy as well.
“Ultimately, what he was trying to do was to bring both sides back before the DGA started negotiating,” a
Sounds more like what he was doing was trying to undermine WGA leadership by going to the membership and creating a schism.
Incidentally, the New Media issue is *not* the only important issue if the WGA wants to have any relevancy in the future- Craig Mazin be damned. WGA must have jurisdiction over reality (and ideally animation too) out of *self-interest*. Otherwise it will continue to represent an ever-shrinking sub-group of industry writers. And as that percentage shrinks over time, the WGA loses its strength and relevance in the industry.
Congrats to NBC for losing 11% of its audience this year BTW!
I received a confidential email regarding this exact proposal and effort by Mr. Katzenberg about a week ago.
I have been waiting to see if it would surface and what the reported contents would be before commenting.
Mr. Katzenberg did not write the email and from my knowledge had nothing to do with it nor did he then even have knowledge of it.
Let me just say that Miss Finke is being very generous in her description of what happened, particularly from the side of the AMPTP. The email I read described in stark detail the stringing along of Mr. Katzenberg by the AMPTP and the open proposals the WGA had made through him to the same and the last minute shut down of potential negotiations by the AMPTP.
Let me make it VERY clear without going into detail that the WGA made a very significant proposal which should have, at the very least, had the AMPTP running back to the negatiating room only to have them pull out literally at the last minute and make it clear that they wish to deal with the DGA first and then the WGA, or what is left of it.
The email composer believes that negatiations will be off until at least mid-February.
It’s going to be a long winter.
Happy Holidays indeed……
Has the AMPTP forgotten that the actors will strike in June? They can’t get anything done then. Will movies film themselves? They’d rather sit around, put thousands out of work, watch their stock prices fall and their profits plummet rather than give a single thing. It’s insane. Do they think they can put all reality on cable, HBO, and Showtime when those scripts dry up?
Some day, there will be a new system that rises up out of this. An indepent studio system where writers have the copyright to their own work. It never should have been signed away. The studios have lost their mind, headed by cloistered greedy billionaires with no concept of reality.
Strike Rule #11:
If only Bush weren’t in charge of the federal government. Industries just aren’t allowed to act this way under federal law, but good luck getting that enforced.
Of course the other possibility is that the studios saying they’re willing to write off 2008/2009 is a bluff designed to scare the guilds. Two years without scripted shows would be devastating to ratings. They haven’t even borne the worst of it yet. When sweeps comes and they have no ratings, then the idea of a full year without shows will probably sink in. Much easier to saber rattle now when you can convince yourself that Am I Smarter Than a Fat Person’s Mother is going to have the same ratings pull as Grey’s Anatomy.
Why is this a surprise? Didn’t you think that the moguls went into this thing with the long haul in mind? They’re greedy, not stupid. They know you can’t destroy organized labor in a particular industry over night. It takes months, maybe longer. Starting with the 30+ pages of rollbacks and the threat to eliminate residuals to make sure the writers couldn’t possibly accept, to the ultimatums and misinformation, they were way out in front of this thing. They know they use the trades to distort the facts so that people (if not now, then in 6 months when they’re more desperate) will start to think their problems are the fault of the “WGA’s strike.” and not the unfair business practices of the moguls. And so writers turn on writers and the other unions turn on the writers and the public gets tired of watching non-scripted crap and they turn on the writers too. And soon, the WGA loses any power to negotiate and stops being worth the dues. And later it’s the directors and the actors and the IA and nobody who works in the industry can count on any fixed rate, overtime, lunch, pension and health plan or anything else that so many in so many other industries have already lost as the giant conglomerates get ever more powerful and the people who work in the industry get weaker and weaker.
If the writers weren’t prepared to stand up to that kind of power and dig in for a long, hard fight they should have just accepted the AMPTP’s proposal and quietly watched decades of labor negotiating go down the toilet. They should have just been the canary in the coal mine for people who work in other unionized facets of the industry so they would know to start looking now for a different line of work.
The conglomerates are enormously powerful but they are not impervious. If everybody who works in the industry, everybody who benefits today from hard work and terrible fights of previous generations’ unions, can stick together and put the greater good of the industry, of their co-workers and of all the industry families today and in the future, then maybe they can force the AMPTP to actually negotiate in good faith. It’s do-able but it won’t be easy. Not with the power of the $50-million-a-year moguls and multi-national corporations and the trade press against us. Anybody who thought it would be easy was crazy. It will be hard.
But without fighting this historic battle, without going after everyone who breaks ranks, without being prepared to outlast the conglomerates, the writers may as well go crawling back and begin the process of the de-unionizing of the entertainment industry.
It’s not impossible, but it won’t happen overnight.
Nikki, your coverage is wonderful. Without you, a lot of people might still think they could get news from Variety or the Reporter. But you sure seem niave when you are “shocked, simply shocked” to find the moguls have no intention at this point of engaging in anything resembling a good faith, respectful bargaining session with the writers. They’re waiting for the whole thing to fall apart based on their contempt for the people who work in the industry and they’re prepared to wait a long, long time. The only question for the people who work in the industry is: Is their contempt for us justified?