EXCLUSIVE: I wish I had better news about the AMPTP-WGA contract negotiations, but I don’t. To sum up, they suck. I took extra time reporting tonight, and some very surprising developments came to light. For instance, Peter Chernin is privately telling Hollywood that the producers plan to quit the talks any day now. That they have no intention of coming back with another streaming proposal “until we are close”. And that they’ll only give a better electronic sell-through formula “at the last minute” when a contract with the writers is virtually signed.
These quiet remarks by the Fox/News Corp No. 2 are the complete opposite of what the AMPTP is telling the WGA around the bargaining table.
I’m told Thursday’s talks began at 10 AM, and both the WGA and AMPTP had a brief discussion about streaming, made-for-web content pay and jurisdiction, and electronic sell-through. Then one of the negotiators from the network and studio CEOs’ side declared, “The DVD formula is good for you, and you should embrace it with open arms.”
The AMPTP then claimed it had “a proposal coming” supposedly based on the writers’ streaming counter-proposal from Tuesday and asked the WGA side to wait around. By 5 pm, it wasn’t done. Then the producers claimed they would work on the proposal at the hotel straight through midnight or later and give it to the WGA at Friday’s session.
But some of the WGA negotiators hung around the hotel and, to their surprise, watched the AMPTP contingent get in their cars at exactly 6 PM and individually drive off.
(This follows what happened on Wednesday when the AMPTP negotiators asked to break early to celebrate the first day of Chanukah — yet their official statement later claimed it had been the writers side who didn’t want to negotiate late into the evening…)
Chernin, CBS’ Les Moonves, and some of the other Hollywood moguls this week keep kvetching about how “frustrating” the AMPTP-WGA talks have become and how “pessimistic” they are about a quick resolution. The bigwigs have even concocted this fiction that they wanted to solve the strike in three intense days of negotiations before Christmas but now they see that’s impossible because of the level of mistrust and misunderstanding around the table. My sources tell me the CEOs seem to be looking for any excuse to blame WGA chief negotiator Dave Young specifically for “blowing it”.
But the truth is this: the Hollywood moguls have not delivered on their promises. And Chernin’s statements make clear they never had any intention of doing so right now. Days are passing, and the AMPTP still hasn’t come back with a counter/counter-offer to the WGA’s counter-offer to the AMPTP’s offer on streaming. Days are passing, and the AMPTP still hasn’t come back with the 2nd half of its New Media proposal presumably containing ESTs. Days are passing, and the AMPTP and WGA are still paralyzed on Internet issues, which is why they moved way down their list to the subject of Reality TV jurisdiction. Sure that angered the CEOs who own a network — and I think it was a giant mistake by the writers’ negotiating team to get off New Media and onto that. But it came up because of the AMPTP’s stalling tactics, and the two sides had to jawbone about something.
In conclusion, I wouldn’t be at all surprised if, as soon as Friday, the AMPTP walks out of the talks with a news release in hand that it’s all the WGA’s fault.
And I now predict the CEOs will make a big public show of deciding to open talks with the Directors Guild right away and thus try to screw the striking writers. (That’s already begun — today’s Los Angeles Times virtually announces it in roundabout fashion by noting that 300 director-writers today begged their DGA to hold off…)
And I predict the AMPTP won’t return to negotiations with the writers until February at the earliest after declaring force majeure. Please, oh please, prove me wrong.
Editor-in-Chief Nikki Finke - tip her here.


Is there a reason the WGA is not publicly speculating on this stall tactic as a reason to dump some development deals?
Why don’t they accuse them of that, and either force them to admit it and look like idiots, deny it and look like idiots when they do it…or deny it and then actually not do it?
These rumors have been swirling FOREVER. Are they really unable to take it seriously after all of the stalling?
Call them on it and let them do their damage control.
When are the force majeur letters suppose to go out? If we’re 5th weeks in, wouldn’t they go out next week? So is this why they’re stalling OR does Amptp really they can still get DGA to neg next.
Here’s an article from today’s Times on that –
http://www.latimes.com/business/la-fi-strike7dec07,1,3328509.story?coll=la-headlines-business
WTF? It’s obvious the Producers don’t give a rat’s ass about those of us, below the line. And they just leave?
Don’t these people have any manners? And the writers, making all those jokes about the producers? Nice way to score some points! Well, looks I won’t be going back to work soon because both sides can’t control their egos.
Jebus!
Then what’s been Bryan Lourd doing — they should be neg round the clock and tha WGA should have had that DGA letter sent out weeks ago to form an official alliance with them. Geez.
Okay, just took a lunestra since I haven’t been able to sleep ’cause of strike and am now getting sleepy and turning into Judy Garland — hey, maybe I’ll turn into Rufus Wainwraight!
Here’s what I think the WGA should do after the AMPTP finds some excuse to break off talks.
Still have them.
Schedule them, pick a place, invite the AMPTP, and leak the time and location to the press.
Then arrive, sit there, and wait.
Let the press take pictures of the writers waiting to negotiate in good faith while the AMPTP does not show up. Let the writers be asked about the details of their unanswered counter-proposal for internet streaming and let them talk about how they hope to have a fair deal by Christmas.
Force the AMPTP to put out a press release explaining why they never showed up.
I would not be surprise if “Big Media” is stalling because the FCC vote is coming up Dec. 18, 2007 and if they can look reasonable and cast the WGA as bully, they hope to cut off Congressional oversite.
I think it’s a mistake to stop picketing in front of Wall Street….that’s where they bleed.
So the AMPTP gets the writers hopes up early in the week and then dashes them later in the week. Two weeks in a row!
Gosh, if I didn’t know better it almost seems like they’re doing this on purpose to break the spirit of the writers. That way the writers ask for less money and SAG follows suit and also asks for less money when it’s their turn to make a deal.
But doing that would be so mean. The AMPTP wouldn’t do that. I mean, to get to be the head of a major corporation you have to be really nice and care about the little guy. Silly me.
What the AMPTP is doing is illegal.
Competitors are not allowed to negotiate together, to even confer together. It’s called collusion. When baseball owners merely created an “information bank” for offers being made to free agent players, they were fined $280 million. Two competitors cannot talk with one another if there’s just a hint of agreement. In this case ALL competitors in an industry are getting together to set ALL wages and ALL labor conditions.
They are engaging in collusion. The time has come to call your representative or senator in Congress and ask why this illegal monopoly is allowed to continue.
NOW.
Can’t.write.too.furious.want.blood.in.the.water.
WGA should offer the presidential candidates free services a la “Speechless” if they pressure Washington to begin subcommittee hearings. Frankly our ads are better than anything I’ve seen on TV for Clinton, Obama or Edwards.
It’s getting to the point where the stars have to intercede. Not the showrunners but the networks’ real assets.
Nikki–
Unfortunately, you’re not going to be proven wrong. Your analysis is dead-on. The studios believe they can come out of this negotiation paying essentially the same for the internet as they do presently for DVD’s.
They’re willing to write off this television season to get that (or at least a majority of them are). They’re about to move on to the DGA, who if they had any integrity would make it clear they won’t negotiate with the AMPTP unless and until they negotiate fairly with the WGA.
If it goes to February, why won’t they wait until June? What’s the point in having the writers back, if the actors walk? Studios are still stuck with no production.
IMO, it either gets done in Dec/Jan or pushed off until June, or early talks with SAG start so there is no strike in June.
As this goes on, it is becoming painfully obvious how unreasonable the moguls are and on a personal level, it is extremely disappointing that they feel they must resort to bullying and lowball tactics. Should they choose to continue this way, I believe a letter writing campaign needs to begin to Congress urging an investigation into media consolidation and the studio’s shady accounting practices. I am not a member of The Writer’s Guild — I’m just a concerned fan who supports them in this strike — and earlier this morning, I noted that at United Hollywood, almost 500,000 pencils have been bought to send to the moguls in support of the strike. If each one of those pencils were converted into a letter to a Congressmen urging an investigation then perhaps the moguls will start behaving themselves and begin acting like adults? Fans like me are ready to mobilize and send thoughtful letters to not only our representatives, but the Justice Department, the FCC AND ALL the Presidential Candidates with a nice reminder that this is an issue that will sway a vote in November. It shouldn’t have to be this way but the AMPTP is CLEARLY insuring that it is becoming necessary. Do they realize how pissed off people are gonna be when the 4th season of “Lost” gets all messed up while they’re playing these ridiculous games? No new “24″ until when? Transformers 2 is on hold? Let me grab a pencil, paper and a bunch of stamps. After the first of the year, the actors in those “speechless” ads might just have to start urging folks to start doing a little writing of their own — letter writing from regular people CAN change the outcome of this.
Wow. Just…wow. They really are a**holes, aren’t they?
Looking forward to the day when the creative folk can cut these guys out of the loop entirely….
It’s time for everyone to settle in for the long haul.
Get ready for force majeure. This thing’s gonna run it’s course before anyone will be ready to negotiate seriously.
So I’m sitting here listening to Imogen Heap “Hide and Seek” as I read Nikki’s words I’m seeing all of the ambition and hopes of moving to L.A and living the dream slowly wither.
I’m glad I invested $80,000 in my Emerson College Master’s Degree. I guess I’ll go teach until this blows over. Well, to everyone who has lost their job, going to lose their house, car, and spouse….Dont ever forget the reason you came to this industry. We have to stand strong and find a way to survive. Maybe who ever wrote the script for LEOLO can write some inspiring words for us to ponder. That was a kick ass movie!!!!!!!!
Jimmy that’s a great idea– like when a politician challenges the opponent to a debate and when they turn it down, show up anyway for the cameras..
It’s an interesting idea.
ANONYMOUS: Collusion? Among the six multimedia conglomerates? Say it ain’t so!
It’s nice to see that some of the directors aren’t willing to undercut their “collaborators” (we’ll discuss possessory credits later). The WGA and the DGA have to stick together here because they really are next in line for the AMPTP’s buttf**king.
How did we end up with guys lik this in charge of the studios and networks? And where the hell are their parents? Shameful..
I’m a feature writer who is “pencil down” on an assignment right now. A few weeks ago I found a non-industry job to pay the bills until this strike ends.
I urge everybody to go out and find jobs elsewhere to tide them over. No one should be waiting for these AMPTP fatcats to be reasonable. Big Media is not negotiating in good faith.
I thought the AMPTP was supposed to deliver the second half of their proposal on Tuesday, December 4th “at the latest.”
They are the ones who promised it. Where the hell is it?
If you are waiting for the FCC or the government to help out in this situation, you are going to be waiting for a loooooong time. Kevin Martin is a wholly owned subsidiary of Rupert Murdoch Inc., and this is an election year wherein the PAC’s, which every media conglomerate has, will be doling out cash to campaigns that make sure their interests are protected. Stop being naive, your government is not elected to serve you, they are elected to serve the companies who gave them the money to get in office in the first place.
As always, the real issue is that the WGA negotiating committee is a made up of people who are completely outgunned and in way over their heads. This is a job for professional dealmakers, like Ken Ziffren, Ernie Del, Sam Fisher, Debbie Klein, Peter Benedek, Steve Lafferty etcetera and we should solicit same to do the job, not put it in the hands of writers who are currently being played like a grand piano. Read Nikki’s posts in chronological order since we went back to the table and look at the pattern. See the AMPTP strategy? It is easy to discern. See the WGA strategy? No? That’s because there isn’t one and we are always reactive to the other sides moves as a result. We look like a bunch of fucking amateurs for a reason, think about it.
It’s fine for Verrone, Bowman and their overly inflated Harvard egos to lead the union from a populist big picture standpoint, but business is business so enough of the posturing and the ego driven screwing around. We all know this will settle at some point, eventually, so by definition there is a deal to be made. Let’s get some pros in there to make it.
I’m going start contacting some advertisers and letting them know that I will not support any type of replacement programming. This is getting ridiculous. I’m not a member of the WGA, just a very pissed off viewer. What is the AMPTP doing?
It is the time for the public to get involved in this mess. The writers are not asking for anything other than a fair deal. The public can and should start contacting the advertisers and put the pressure on them. When the fat cats start losing the dollars that keep them where they are, things will change and they will start to bargin in good faith. We the public are able to do that much for our fellow workers.
What you’re reporting, Nikki, certainly dovetails with AMPTP’s move to hire the big PR guns at the beginning of the week. Why bring them on board now (for what is surely well above the “$200,000 average WGA salary”) unless it’s to grab the high ground by spinning their walkout.
Keep on the reporting. This is the first major guild action since the full power of an online community has come into effect. With it, the WGA can leverage it to win a fair deal. And let’s not forget. When a $200-$400 million chunk of revenue from a franchise such as DaVinci Code/Angels and Demons gets moved out of 2008 income projections, into 2009, the media companies and capital markets FEEL it. Same goes for very major feature that was slated for 2008 that gets bumped for script issues. It denies them income and that MEANS SOMETHING, in real dollar terms. The reduced cost outlays DON’T balance things out, as real capital and real income is being denied to some very hungry corporate beasts.
Stand strong. The fight and the pain are worth it. We’re all in this together.
Chicago John
I TOLD YOU. Everyone gets into hissy fits when I post but EVERYTHING I HAVE SAID SO FAR HAS COME TO PASS. I posted the following statement yesterday in the thread regarding the WGA demanding Reality TV (the statement was in response to a writer who disagreed with my take on why the WGA screwed up BIG time with that tactic and will cause you ALL to pay dearly for it). Here’s the statement — it still holds true — and it is coming true (based on Nikki’s post) (also, you all should have KNOWN that when they hired big PR people, the talks were irrevocably broken – seriously, talk about the writing being on the wall – no pun intended):
Previous post from yesterday:
Jimmy, you missed my point (if I’m understanding you correctly). What I meant by this Reality TV tactic coming too late and it being more effective six weeks ago is that it is way too late in the game to pull THIS type of maneuver. Six weeks ago, it would have made more sense to try this exact tactic (the earlier in the negotiations the better) and it would have been met with silence (as you say) and barely a grumble from the producers (but would have still been rejected of course). To pull this at THIS stage in the negotiations is definitely going to warrant anger and retaliation from the producers if for no other reason than that it is so transparent that it’s an effort on the part of the WGA to “play” the producers (it’s an insult to the intellect — at least when the Producers have pissed off the WGA, it has genuinely left you guys wondering what the hell is going on – THIS is just… elementary). It’s like when a child tries to outwit their parents by telling a very obvious lie. The adult punishes the child to put them back in their place. Hate to use that analogy, but the producers are going to retaliate. That is NOT what will move the negotiations ahead. It will set it further behind and cause them to dig their heels in the sand even more. If the WGA is going to play the game (so to speak) at the negotiating table, they’ve got to come with something stronger and less obvious than this (we all KNOW the WGA is not holding out for reality tv and, guess what, so do the producers).