UPDATE: So now I know the real deal. After lying to the writers of the Sit Down, Shut Up! primetime animated series that it would be a WGA show, and then watching those same writers stalk off the IATSE toon, Sony offered a sweetened deal — including payments of as much as $200,000 of additional compensation through a blind script deal — to convince some of the scribes to come back.
Most of the writers — including Josh Weinstein, Rich Rinaldi, Aisha Muharrar, Alex Herschlag, Laura Gutin, Dan Fybel, Aaron Ehasz, Michael Colton, and John Aboud — wound up coming back. Two — Bill Oakley and Ken Keeler — are still holding out for WGA jurisdiction of the show. That’s not going to happen because the toon is back in production.
There are conflicting accounts coming in to me about exactly what the Sony deal contains. Some sources say one still unresolved issue is WGA plan health and pension benefits. Other insiders tell me that’s been resolved. In the letter sent to me by some of the returning WGA writers, no mention of this is made. “Though the program will be produced under the jurisdiction of IATSE Local 839, The Animation Guild (TAG), we have achieved Writers Guild of America (WGA) parity in key areas such as auditable residuals, new media, script fees, merchandising rights as well as a guarantee that these gains apply not only to ourselves but also to all future writers on the show.”
The writers going back tell me that not every writer received more money from Sony, and not all received the same amount. But the sweetened deal was offered to them in June. ”We did not take it. Instead we went back to Sony and said that we would not take a deal unless it had the WGA-parity residual protections for us and for future writers on this show. They said no. So we said no. This went back and forth for several weeks, until they met our demands,” one of the scribes tells me. “Did the new offer contain more money? Yes. But that didn’t affect the issues that were central to our bottom line. We wouldn’t have gone back without them. And if Sony offered tomorrow to make this a WGA show and take the money off the table, fine. We would jump at that chance.”
Some see this as the toon being saved because Sony threw money at the problem. Like one WGA leader who told me tonight, “the siege ended with a bribe”. The writers who went back had this to say, “This contract is a compromise: an improvement over the standard TAG terms we were initially offered, but not full WGA coverage.”
Sony issued this statement:
“We are happy that the writers have agreed to return to work on Sit Down, Shut Up! This is going to be a great show and we can’t wait to see it on the air on Fox.”
The WGA West statement immediately followed:
“Los Angeles – The fundamental issue here was WGA jurisdiction. Every primetime animated show currently on the air has been done under WGA jurisdiction with terms enforced by the WGA. Every single one. In the case of Sit Down, Shut Up! Sony insisted on hiring WGA writers, and Sony execs repeatedly assured them the show would be WGA. When the writers were told it would not be WGA, they walked out and demanded WGA coverage. For five weeks, they faced continuous ultimatums and illegal threats from Sony, while at the same time Sony offered enhanced economic terms. Finally, when Sony offered to pay ‘WGA equivalent residuals’ and to give each writer up to $200,000 in additional compensation through a blind script deal, most of the writers decided to accept. We understand why they did so but wish they hadn’t. Had they stuck together we believe that they would have won WGA coverage for Sit Down, Shut Up! Two WGA members refused the deal, and we and their fellow writers applaud them.”
I’m told tonight that the WGA can’t believe Sony was so determined to keep this show IATSE that it paid extra to get the writers back to work than choosing the cheaper path of bringing Sit Down, Shut Up! under WGA jurisdiction. “Obviously, they would rather make this incredibly uneconomic decision to try to roll back the WGA’s coverage of animation and win this war one show at a time.”
WGA insiders see this as a plan hatched by Sony’s chief labor lawyer Jean Bonini, who also is Sony’s representative on the AMPTP negotiating committee. “And that plan is to turn everything on its head and to give more and more control to the low-cost unions like IATSE and AFTRA at the expense of the WGA and SAG who are hurt by this. Residuals will become a thing of the past. It boggles the mind,” one WGA leader tells me. “The AMPTP is so determined to make a stand here that it’s just throwing money out the door in order for this not to be a WGA show. The AMPTP is running these CEOs.”
Having been the first to break the initial story of the WGA writers’ walkout on Sit Down, Shut Up!, and then to follow the controversy (see my posts below), I’m very conflicted about all of this. I’m thrilled to see enough give-and-take by Sony and some of the writers on the show so a lot of peoples’ jobs above and below the line are saved. But what horseshit for Sony to have kept whining it couldn’t change the toon’s jurisdiction without getting sued by IATSE. (As if…) I also commend the the two writers still holding out for WGA jurisdiction because of principle. But I also can’t condemn those who went back, either. This was their fight, not mine.
Nevertheless, what did this really cost Sony? Nasty headlines about its executives lying to talent. Embarrassing questions for Sony Pictures Entertainment chairman Michael Lynton about his company’s lack of integrity in the way it does business. This is a town of handshake deals and long-lasting relationships. If Sony is now seen as an untrustworthy employer and partner, then the price is way too high.






To any SDSU writer reading this:
Are they going to pay you WGA health and pension on that $200,000 blind commitment? Or is that $200,000 payment also under TAG.
It’s none of my business, but hey, I’m curious. Thanks.
Wow, hard to be too critical here… $200 grand? That would be hard to turn down.
Still, surprised to see Aboud’s name on that list. He was Mr. Solidarity during the strike, did that great AMPTP website spoof, headed up the StrikeTV video thing…
Surprised he would do such an abrupt turnaround and put himself on the WGA’s shit list like this.
Oh well, I guess if we didn’t like money we’d write novels, huh?
There has to be a line drawn in the sand. IATSE and AFTRA have to end for writers and actors. They do not serve us.
The Dirty Nine? Doesn’t rhyme as well but certainly as true.
If ANY of these nine went around during the strike criticizing the 30, then they’re a bunch of fucking hypocrites. The Dirty 30 lost MILLION DOLLAR deals, whereas the Dirty Nine sold out the WGA’s future for 200 grand each.
And then they have the nerve to conveniently leave out the detail of that bribe from their press release? Shame on them. Oh well, I hope they didn’t put that money in IndyMac, because those nine writers are never gonna work again.
These writers had no choice.
Hurwitz went back to work weeks ago. He broke the line. Without him, the writers were powerless.
What studio is going to go to war with IATSE over a fledgling show, even if they could possibly win? Sony Adelaide is totally 100% under IATSE jurisdiction. That’s just a cold, hard fact.
The writers are getting parity, and in many cases blind script deals. They can invest their 200k in a 401k and get more than they would from WGA benefits, and a shot at a pilot – which would certainly be WGA. They’ve pocketed that deal whether SDSU tanks or not.
It’s easy to say they’re not being loyal to their union, but in this depressed television market, who can blame them for taking a more than reasonable deal. And it was the WGA that decided to give up on animation jurisdiction.
I think that Sony is doing its best to make up for their blunder, and I think that the writers held out for a fair deal. They didn’t just roll over, after all.
And, as anyone who has dealt with creative executives knows, they often make promises in ignorance of labor relations, guild rules and business affairs. It isn’t necessarily nefarious. I think it is likely that they thought they could pull off getting the writers WGA jurisdiction, and never consulted labor relations. Sony tends to be very talent friendly in the television department, and on top of it the Tannenbaums are their own, so why would they intentionally screw with that relationship? Or with Mitch? Or the other writers? I’m pretty sure Jean Bonini had a heart attack when she heard what promises had been made. I’ve dealt with her myself, and she’s had to clean up a mistake or two of mine in regards to the guilds and she did so in a fair, no nonsense manner. She never appeared to be anti-guild – just anti-grievance if it was at all avoidable.
I think this was likely all one giant misunderstanding – and so long as all the involved parties end up satisfied with the conclusion, even if it isn’t ideal, why cast stones at the writers. And Sony messed up. But it does seem like they’re doing what they can – considering that they are a Studio…
To my understanding, the “bribe” / blind script commitment is actually specifically designed to be paid through the WGA, and to max out the writers’ health/pension contributions. Which is why not each writer got the same amount… the lower level writers got more, since they didn’t already have other WGA-applicable deals in place.
IE: If you’re an upper level writer who comes into SDSU with a fat development commitment already in place elsewhere (and thus your WGA contributions already maxed out), then you received less for the new blind script commitment.
Each of these writers… from the top down… knew that this was an IATSE show when they accepted employment. THE SIMPSONS went for SEVEN YEARS before being unionized, largely because WGA members considered animation writers to be second class citizens.
I think that what the SDSU writers have done – walk out on a show and achieve WGA parity in a situation where they had almost NO leverage, and where the show creator backed Sony and was ready to return to work immediately – is absolutely incredible and exemplary.
And if the WGA is so upset and felt so strongly about this, why didn’t they ask the writers of the other Sony primetime shows to ALSO walk out in solidarity? Or better yet, during the recent strike, before they took animation writing “off of the table,” why didn’t the WGA try to make a distinction between “broadcast primetime” and “other” animation writing? (And are we all still ignoring the fact that Patric Verrone worked on the IATSE show CLASS OF 3000 twenty-four months ago?)
Never mind CAA, who made three individual deals for the Tannenbaums, Mitch Hurwitz, and Oakley & Weinstein without ever thinking to demand that the show be WGA. Unbelievably derelict representation… and worth being fired over. But at least their precious package survived.
Sad to say but I suspect the writers who went back to work have been duped by Sony. The studio will probably figure out a way to say that the writers haven’t performed adequately under the blind script deal, and eventually refuse to pay them. Then the writers will have to get lawyers to sue, and they’ll wind up settling for half. Any writer who’s been in this business a while knows that what I’m saying is true. They did this to lure everyone back, and then they’ll figure out how not to pay down the road.
Seriously, what were these writers thinking to go back? Did we really all strike so this bunch of wusses could sell us out? These writers are getting some bad advice.
I still think it’s interesting that Mitch Hurwitz the show runner hasn’t commented. Has he put some great distance between himself and this ungodly mess?
This was a no win situation borne out of the WGA putting animation on the table, then taking it off the table, at the onset of the strike.
The strike was over. And whether there was duplicity on Sony’s part – and I’m sure there was – the nine writers got what they negotiated for. (I am not one of them)
There are hundreds of TV animation writers who won’t make 200K in their lifetime, let alone off of one season of a show.
Call it a bribe, call it equity. In the end, a standard was set for what prime time writers make on a prime time animated show, and the reality of having two unions cover one job (See SAG/AFTRA).
The WGA should use this to champion the cause of writers, and proactively get in front of the next one. Writers need to be aware of what union they’re working for before they start writing a cartoon, because there are two. And IATSE should be using this to raise their “the least that can be paid” on a cartoon for all animation, not just prime time.
Villifying these nine is unnecessary, unkind and petty. They wildcatted for equity, and got close. In my opinion, that’s as good as anything that happened over the course of the strike.
Bill Oakley just earned even more of my respect.
Aboud. What a hypocrite.
Aren’t Oakley & Weinstein — both on opposite sides of the deal — long-term writing partners ever since their “Simpsons” days?
To all those animation writers who bitched about the WGA leadership selling you down river during the AMPTP negotiations…. waaaaaa…. your own brethren just f..ked you really good.
I believe this is an example of the phrase “money talks, bullshit walks”
can’t blame them for taking that kinda bump.
Amen on the “true cost” of this boondoggle.
I call these kind of stunts a “self-fulfilling idiocy” where someone comes up with something they think will be a solution to what they think is a problem, but their “solution” can only, and obviously create new, and more expensive, problems.
And with investors looking askance at Hollywood’s more sordid business practises, you have to at least appear trustworthy, now more than ever.
How is the WGA in any position to complain about these guys taking this deal? They were fighting for WGA jurisdiction over animation and they gave it up. The only reason the writers had to fight for this kind of deal is because the WGA caved in the first place.
I’m not a union guy myself, not big on them, but I supported the writer’s strike vehemently. These nine writers are, quite simply, pathetic. Accepting this kind of deal right after the strike clearly shows the immense gap between the haves and have-nots among the WGA members and that solidarity comes with a price tag among the haves. In this case, a measily $200,000.00. But the ultimate price here was trust; two writers, clearly faithful to the WGA, got screwed by their fellow members.
But, hey, that’s Hollywood right?
–Raider
And now come the ignorant, fanatical rants from people who aren’t in the business, don’t know the full story and don’t care to. I do know someone involved in this mess, and it’s a lot more complicated than you’ve read. How long before idiots like ‘Disappointed’ start calling the Sit Down Shut Up Writers ‘scabs’ ? This is precisely the kind of demented frothing at the mouth that none of us miss from the strike. And ‘Raider’, while I’m sure you’re a highly talented working writer who understands just what it means to earn a living doing what we do – there is no such as ‘measily;,
Anonymous wrote: They can invest their 200k in a 401k and get more than they would from WGA benefits
Uh, what kind of uninformed moron are you? 401k’s are only through your employer. Seriously, my third-grader knows that. Come to think of it, Anonymous, didn’t I see you in line at IndyMac yesterday?
Gotta agree with “Been there.” Sony can promise the returning writers blind script deals, anything they want… but good luck trying to enforce a contract without the WGA behind you. It seems very likely the script deals will get rolled for a season, then abandoned. Especially if the show is canceled. And sure, the returning writers can then spend their own money to sue Sony. Or they can settle for pennies on the dollar, which is what always happens.
Of course, they can always get IA to enforce their deal. HAHAHAHAHAHAHAHA! Just kidding.
Dear Kevin (alleged head of TAG 839 animation “writers” union),
How many of the above-named pseudonyms are you? I’m guessing it could be several of the ones proclaiming Sony is great and the WGA sucks.
Dear retards in this business – I meant IRA. Sorry to offend you. Please feel free to respond to any of my other comments. I look forward to your insights. Really, I do.
p.s, I was the one in the blue polka dot shirt drinking an Orange Julius and reading Teen People. Man, it was hot out there!
“but good luck trying to enforce a contract without the WGA behind you.”
Have you ever tried to get the WGA to enforce the MBA for you? The first thing they tell you if you call with a grievance is to talk to your attorney and/or your agent.
Enforcement isn’t the Guild’s strong suit.
Amen! to “Actual Writer.”
I respect the writers that chose not to take the deal, and I don’t lose any respect for those who did.
Actual Writer:
You found a typo, good for you. You’ll have a big career as a reader somewhere.