The AMPTP alerted me to this "Open Letter to the Entertainment Industry" in the form of an ad addressing the current situation with SAG and set to run in the Los Angeles Times tomorrow. I have a better idea: Why don't the Hollywood CEOs get off their damn high horses and start negotiating directly with SAG (like they did with the WGA) and stop leaving everything up to their extremist labor lawyers and the AMPTP's version of Dick Cheney, Carol Lombardini. This letter shows what a sham the AMPTP is and that it reps a Big Media cartel of these 8 companies. Also, it's interesting how this letter conveniently forgets that Chernin made a favored nations deal on behalf of these CEOs with the WGA concerning New Media: if SAG gets a better New Media deal, so do the WGA and DGA:
Details Of AMPTP-IATSE Tentative Deal
EXCLUSIVE: As I suspected, there seems to be unfinished biz between IATSE and the AMPTP over exactly what's in their so-called "deal" announced November 19th for new 3-year contract. According to my sources, this is the general overview of the tentative agreement. But there's still no Memorandum of Agreement outlining the new terms in detail. So that's why I think it suspect that the AMPTP was so quick to announce an "agreement" with IATSE. (For example, the WGA waited until every "t" was crossed and "i" dotted to make a announcement. Smart move, considering that the AMPTP tried to slip in some last-minute terms and language that were never okayed.) So these are understandings as of November 18th:
According to my reporting,
Wage increases for the IA Basic Agreement consist of 3% effective 8/2/09; another 3% effective 8/1/10, and another 3% effective 7/31/11. For Locals 52 and 161 (NY), it's 3%/3%/3% increases on the effective dates of those agreements.
Concerning Pension and Health:
The AMPTP believes the cost of its deal with IATSE amounts to an increase of about 3.8% a year for the next three years. But that doesn't include a $233 million savings to employers in Health Plan "modifications" agreed to by the union.
Both sides agreed that, effective 7/31/11, the Health Plan will change the standards for continuing eligibility from a requirement of working 300 hours to 400 hours.
As for other pension and health terms, the AMPTP believes the employers agreed to increase hourly contribution rates in the agreegate by 35 cents per hour as of 8/2/08; an additional 35 cents an hour effective 8/1/10, and an additional 35 cents per hour effective on 8/1/11.
Additionally, the employers committed to pay an additional 15 cents an hour if consultants' projections show that active reserves drop below 10 months but not earlier than 8/1/10. If that happens, then the employers will be obligated to contribute an additional 15 cents effective 7/31/11 which can go into effect earlier if the reserves dip below 6 months for active reserves and 8 months for retirees.
The employers say that, as an additional funding mechanism after those options, IATSE will "reallocate" an additional 1% from wages or their IAP.
Pension retirees will receive 13th and 14th checks for all three years.
Concerning TV Made For Basic Cable Productions:
Employers say that the union agreed to continue to grant waivers providing that for pilots and one-hour series made
... Read More »
COMEDY RULES! 'Four Christmases' #1 For Thanksgiving Weekend; 'Bolt' #2, 'Twilight' #3, 'Australia' Opens Only #5
SUNDAY AM: Waistlines expanded on Thanksgiving Day, and this 3-day weekend and 5-day holiday shaped up as big for moviegoing, too.
Maybe it's because of the grim economy that audiences wanted laughs, but the mediocre PG-13 comedy Four Christmases, helped by a short 80-minute running time, knocked off Twilight for No. 1 on T-Day and easily stayed on top all weekend. The expected frontrunner from New Line/Warner Bros starring Vince Vaughn and Reese Witherspoon overperformed for $31.6M for the 3-day weekend (which is far better than Vince's last seasonal outing of $18.5M in the just plain awful Fred Claus) and $46.7M for the 5-day holiday.
Jumping into No. 2 because of big kiddie matinees and Thanksgiving audiences who love family pics, holdover Disney's Bolt really cleaned up with 101% of its opening weekend which is rare. On Saturday, it did $10M and its estimated Sunday is $5.7M added to Friday's $10.8M. That's a 3-day total of $26.6M and 5-day holiday of $36M and total cume to date of $66.9M. The toon had a big comeback of $5.1M Wednesday in 3,651 plays after a difficult debut last weekend when Twilight skewed younger than expected.
Twilight started out strong, then ended up #3 in 3,419 venues for Summit Entertainment's no-sex, no-violence, no-stars vampire movie adaptation of Stephenie Meyer's best-selling book. The PG-13 pic made $26.4M for the 3-day weekend and moved up to No. 2 with $39.5M for the 5-day holiday. The film crossed the $100 million mark at the North American box office on November 28th after only 8 days of release. Its new cume is $119.7M.
New 007 holdover Quantum of Solace from MGM/Sony was No. 4 and earned from 3,458 runs a 3-day weekend of $19.5M and for the 5-day holiday $28.1M. Its three-week North American cume is $142M, pacing well ahead of Daniel Craig's first Bond actioner Casino Royale, which ended its 3-week run with close to $116M. Overseas, Quantum of Solace has sold a total of $340.1M in tickets, so its worldwide total to date is just over $482M.
At first, the big surprise was the poor 7th place opening Wednesday of 20th Century Fox's sweeping period epic Australia with only $2.5M from 2,642 theaters. But it moved up to finish #5 with 20% more than the studio's pre-release expectations: $14.8M for the 3-day weekend and $20M for the 5-day holiday. "This indicates tremendous word-of-mouth kicked in," a Fox exec told me Sunday. "Australia is positioned for a ... Read More »
CAA Loses Two Oscar Winners: Anthony Hopkins To Endeavor; Best Foreign Language Film Writer/Director To UTA
United Talent's Jeremy Zimmer just signed away Florian Henckel von Donnersmarck, writer/director of the 2007 Best Foreign Language Oscar winning The Lives Of Others (aka Germany's Das Leben der Anderen released in 2006), from CAA's Beth Swofford. (He'd been initially signed by CAA's Tory Metzger who left in May for MRC.) "Florian woke up realizing he'd been at CAA two years, and nothing had really happened. He didn't feel he had made any progress. So to focus in on things he wanted to do, he made a change to get moving with what his agenda is," a UTA insider told me.
Also this week, Best Actor Oscar winning actor Sir Anthony Hopkins left CAA for Endeavor. Hopkins had been a Rick Nicita client, but after Rick's departure from the agency, Kevin Huvane couldn't keep the actor. Though his big Hannibal Lecter paydays may be behind him, Hopkins is still a sought-after client and had been at William Morris and ICM before CAA.
SAG Issues Q-&-A Regarding Negotiations
This was released by SAG on Wednesday, November 26th:
Why should we vote to authorize a strike?
We need to show management that we are willing to fight to preserve our ability to earn a living as union performers;otherwise, management will take that away from us. Nearly half of our earnings as union performers come from residuals, but management wants us to allow them to make programs for the Internet and other new media non-union and with no residuals. This means that as audiences shift from watching us on their televisions to watching us on their computers and cell phones our ability to earn a living will go away and future generations of actors may never be able to earn a living through their craft. This change will happen faster than you think. To add insult to injury, management also insists that we eliminate force majeure protections from our contract. These protections have existed since the first SAG contract in 1937 and protect you when production stops as the result of an “act of God” like a natural disaster or a strike by another union, such as the WGA strike earlier this year. This is an enormous rollback that will leave actors without one of the most basic protections of a union contract.What is the effect of voting “yes” to authorize a strike?
Voting “yes” does not mean that there will automatically be a strike. A strike authorization is a tool that gives us more leverage in negotiations and we intend to use it to try to get a fair deal. If we receive “yes” votes from at least 75% of the members who vote on this referendum, the National Board will have the ability to call a strike, but it must vote to do that, and that won’t happen before we attempt further negotiations to reach a deal with management. Why does management believe we should endorse non-union, residual-free work in New Media?
Management claims this bad deal is necessary because they need to “experiment” with new media and they claim they will renegotiate these terms with us in the future. We have already agreed to most of management’s new media terms, however, and have proposed, in the areas where we still disagree, extremely flexible terms for new media
... Read More »
TOLDJA! Tyler Perry Studios And WGA Reach Agreement Mediated By NAACP
Back on October 6th, I reported that the WGA and Tyler Perry were reaching a settlement in principal. Today it's official: Tyler Perry Studios will become a signatory to the WGA contract. Sadly, the news release (below) does indicate that "some of the writers" writers fired from Perry's two television series, House Of Payne and the upcoming Meet The Browns "will not be returning". Is that by choice? Or by Perry edict? I've asked the WGA to explain this.
This follows considerable bad publicity for the entertainment mogul. The writer/actor/director/producer/author/playwright has been persona non grata after the Writers Guild filed charges of unfair labor practices with the National Labor Relations Board on October 2, accusing Perry of axing more than half his writing staff on the TBS sitcom House Of Payne because of their union activity, and bargaining in bad faith with the Hollywood guild. Dozens upon dozens of the biggest producer, writer and showrunner names in scripted television even went so far as to sign an open letter bashing him for his anti-WGA activity. And good thing Barack Obama declined Perry’s invitation to the grand opening of his Tyler Perry Studios production facility in Atlanta this month. Had he not, the Democrat endorsed by many labor unions would have been met by picket lines thrown up by the Writers Guild of America and supported by the International Brotherhood of Teamsters. (Perry is one of the Democratic presidential candidate’s staunchest supporters and prized campaigners and even forthcoming film biographer...)
What had gone on for the past six months inside Perry’s production company was kept secret by the WGA until the guild filed unfair labor practice charges with the NLRB, alleging that House of Payne unlawfully fired four writers in retaliation for their union activity. (A fifth writer quit in solidarity.) The charge also accused Perry’s company of bargaining in bad faith with the guild, which had been seeking to negotiate a contract covering the writers on Perry’s cable television series House of Payne and upcoming Meet the Browns. The four fired scribes, Kellie Griffin, Christopher Moore, Teri Brown-Jackson, and Lamont Ferrell, are all African Americans and together have written over 100 episodes.
During the dispute, a lawyer for Perry tried to claim that the writers' firings had nothing to do with contract negotiations but were related solely to "the quality ... Read More »
SAG Prez Alan Rosenberg To Members: "Board To Call A Strike Only If It Becomes Absolutely Necessary"; AMPTP Complains
Dueling statements today...
SAG President Alan Rosenfeld sent this message to members (also available on video here):
Dear Screen Actors Guild Member,
As your president, I want to take this opportunity to communicate directly with you about recent developments regarding our television and motion picture contract negotiations.
Last week, under the guidance of a federal mediator, we attempted to resolve our differences with the AMPTP. Our national negotiators and committee met with the mediator prior to our sessions with management, and followed the protocol and advice of the mediator. Unfortunately, despite our best efforts over two days to find creative solutions designed to move the process forward and to reach agreement, the federal mediator adjourned the mediation process early Saturday morning after concluding that mediation was over.
Now, per the resolution passed by 97% of our newly constituted national board of directors in October, we are launching a member education campaign and we will send out a strike referendum ballot to SAG members in December. We ask that you support your board and negotiating committee, and vote YES to authorize the board to call a strike only if it becomes absolutely necessary.
Your leadership believes that we must be empowered with the real threat of a work stoppage in order to let management know that we are committed to protecting the future of all actors. We ask for your support, knowing that you have entrusted us to fight for your rights, and to protect your wages, working conditions and your health and pension benefits. We take your trust very, very seriously and will work towards reaching a fair agreement without a work stoppage.
Management continues to apply its one-size-fits-all demands to SAG actors. And we continue to stress that actors have unique, reasonable needs that are different, not better, but different, than writers, directors and crewmembers. So they are telling us to allow the unions who negotiated before SAG to be our proxies. I wonder, would NBC ever let ABC negotiate its license fees for them? Of course not, but they think it’s perfectly reasonable to ask us to defer to the needs of other union workers and ignore what is critical to actors and their families.
It’s also curious that these global corporations are preaching to us about the bad economy. Like it’s our fault. As middle-income actors we are the victims of corporate greed. We didn’t cause this turmoil.
Now, more that ever, we need
... Read More »
The "Secret Starry SAG Strike Meeting" That Wasn't: WaxWord Blog Post Denied
WEDNESDAY PM UPDATE: Now the blogger says she can't "confirm with certainty when this meeting took place". Nor, judging from the corrections she's already made, the rest of the story. But she still has it online. Amazing.
WEDNESDAY 10 AM UPDATE: Wow, this is sad. Now the blogger has put the story back up. "It was not deleted; I was editing it last night to further check facts and inadvertently left it in ‘draft’. I have now reposted, and apologies to those who missed it in their sleep," Sharon Waxman writes. But, inexplicably, she claims, "On further reporting, I learn that the essence of the story is correct. I have amended the time element, however." Actually she amends other errors I've pointed out here. But she also fails to correct many still inaccurate elements of her story: that there was a strike vote, that federal mediation was going on, that new conspiracies were at work, etc. She also ignores the fact that SAG is denying her strike story. And she adds a new post attacking me. All I can say is that this doesn't bode well for her future blog endeavors.
WEDNESDAY AM: Blogging Hollywood is damn hard, especially when it involves the SAG-AMPTP strife and impending strike authorization vote by the big actors guild. So I was surprised to see a WaxWord blog story circulating online for 24 hours about a supposed "secret SAG meeting" last month where heavyweight Hollywood stars were asked to give the thumbs up or down on a strike. Surprised, because this meeting never took place.
The story was first posted on WaxWord, which is former newspaper reporter Sharon Waxman's blog. (She intends to start an Industry blog sometime in January.) It was picked up by websites such as Defamer and Hollywood Wiretap and TV Guide. When I spoke to Waxman Tuesday night about her story's inaccuracies, she expressed surprise. Later that evening, a SAG board member emailed me that "SAG has contacted her and some outlets reprinting her story to inform all that it is a hugely inaccurate story." Shortly after, Waxman deleted Overnight, Waxman amended the posting on her WaxWord. And it still appears on other websites this morning. Why this is troubling is that the story is still inaccurate and ridiculously raises the specter of conspiracy theories when none exist.
When the blog posted Monday, WaxWord's headline claimed, "FAMOUS STARS GIVE THUMBS UP TO STRIKE IN SECRET MEETING". I have since confirmed that is wrong. WaxWord claimed the confab occurred last month. That, too, is not true. WaxWord claimed stars were called together by Screen Actors Guild ... Read More »
Thanksgiving Wkd Predictions: 'Four Christmases' Hot, 'Australia' Not So Much; What's The Deal With Down Under Film?

TUESDAY 4 PM UPDATE: MovieTickets.com says Twilight has sold more tickets on its site than Bolt, Quantum of Solace, Australia, and Milk combined, and still boasts over 345 upcoming sold out performances.
TUESDAY AM: This is shaping up as one of the big holiday weekends. No doubt the entire country may be in the mood for comedy, even a mediocre one, given the grim economic news. So it shouldn't be a surprise that New Line/Warner Bros' Four Christmases has "the best shot" to beat Summit Entertainment's low-cost blockbuster Twilight this weekend, according to my box office gurus. They're predicting the Vince Vaughn and Reese Witherspoon PG-13 starrer should debut over $25M in its 3,200+ theaters for the 3-day weekend (which is far better than Vince's last seasonal outing of $18.5M in the just plain awful Fred Claus) and $35M for the 5-day holiday. Twilight should experience a big but not unexpected 3-day weekend drop into the high $20sM. But Summit hopes for low $30sM (3-day weekend) and mid $40sM (for the 5-day holiday). But it also could finish neck-and-neck with Disney's Bolt which, after a difficult debut last weekend when Twilight skewed younger than expected, could also end up in the high $20sM since Thanksgiving audiences love family pics so much. The release of 20th Century Fox's sweeping epic Australia in 2,600 venues should find itself in a race for #4 with Bond holdover Quantum of Solace from MGM/Sony: both should have 3-day weekend totals in the high teens, and maybe $25M for the Oz pic's 5-day holiday.
Is that a good, bad, or indifferent number for the Baz Luhrmann epic starring fellow Aussie countrymen Nicole Kidman and Hugh Jackman for a media conglomerate begun Down Under? Depends on whether this is supposed to be a tentpole or a full-frills specialty film. It's either Far And Away with Vegemite and thus Rupert's Folly, or an artistic homage to a country and nationality that's more about Aussie Pride than profit. (Although Fox keeps insisting that the film's cost of $125M was tempered by 40% Australian government tax credits to bring Australia's negative cost down to $75M. But mention that to the moguls for rival studios, and they scoff...) In any case, it follows a summer and fall series of box office losers for the studio which keeps reminding everyone (as all majors do in down times) that this is a cyclical biz.
Insiders claim Rupert Murdoch had no ... Read More »
Vanity Fair Going Ahead With Oscar Party
Few in Hollywood thought Vanity Fair would dare restart its annual Oscar party in this lousy economy after cancelling it last time around because of the writers strike. (We could hope, right?) But Graydon Carter just announced: "Vanity Fair will hold its annual Oscar Night party at the Sunset Tower Hotel on February 22, 2009. The party will be a much more intimate affair than in years past; we’re going to scale back the guest list considerably. We’ll celebrate Hollywood’s big night the way we did when we first threw the party 15 years ago — it will be a cozier, more understated event. And one with familiar décor — given the current economy, and our dedication to the green movement, we will be recycling many of the elements of years past. We also look forward to working with Jeff Klein, who owns the Sunset Tower (and is my partner in another venture), in making next year’s Oscar party a memorable one.” Oh, now I get it: Graydon got an insider's deal. Carter, the co-owner of NYC's Waverly Inn, recently bought the lease of East 54th Street's Monkey Bar from the Glazier Group with two partners including hotelier Klein, who helped out VF with a barebones price to replace defunct Morton's as the VF party venue. The Sunset Tower used to be the old St. James Club, then the unchic Argyle, and now its reputation consists mostly of Page Six-publicized fights with the likes of Britney Spears and Sean Diddy Combs while Jeff Klein comes off as a nasty piece of work. Yes, Graydon really is a restaurateur now, not an editor.
CAA Not Feeling As "Super" For Big Game
It can't come as a surprise to anyone that all the full-frills parties surrounding the Super Bowl may not be held come February in Tampa because of the economic collapse. But Sports Business Journal is reporting that one of the smaller and more private parties cancelled is by CAA's sports division, CAA Sports, which has held two Super Bowl parties since being created in 2006. The pulication ays rival agent Leigh Steinberg, one of the pioneers of big Super Bowl parties, is planning his third green-themed bash. And, according to SBJ, actor John Travolta, who's not a CAA client, still plans to hold his annual Super Bowl party.
Write Move? Wrong Move? Illegal Move?
Few issues divided the WGA more than the leadership's post-strike publication on April 18th of the names of its 28 members who went fi-core during the strike. After the WGA's solidarity during the strike itself, I was flabbergasted by the huge schism which WGA West president Patric Verrone and WGA East president Michael Winship created with their letter. It turns out that the AMPTP took advantage of the discord and filed a complaint with the National Labor Relations Board, which has now sided with the Hollywood CEO negotiating clique against the WGA.
The NLRB focused on one sentence in that WGA statement: "...this handful of members who went financial core, resigning from the union yet continuing to receive the benefits of a union contract, must be held at arm's length by the rest of us and judged accountable for what they are -- strikebreakers whose actions placed everything for which we fought so hard at risk." Was this the WGA urging members to shun the "puny few", most of whom were soap opera producer-writers? So now the NLRB ruling, which overturned a earlier decision in favor of the WGA by the labor body's regional director, results in a hearing before an administrative law judge in Los Angeles sometime in the next few months. The WGA had this statement: "This is a pending legal matter and the Guild will defend itself fully at the NLRB hearing."
You may recall that during the strike, the AMPTP posted on its website details explaining how WGA members could go fi-core. The AMPTP's complaint to the NLRB claimed that the WGA was lobbying for a "prohibited retaliation" against its fi-core writers for exercising their rights and seeking to prevent them from securing work. The WGA in turn accused the AMPTP of meddling in its internal affairs.
Meanwhile, I hear that the WGA in coming weeks will decide what to do about members accused of strikebreaking who've been quietly brought before the guild to explain themselves for months and months now. I have been quietly following several of these cases, and waiting for their resolutions, before going public with my info.
WGA East & West Identify "Puny Few" Who Went Fi-Core During Writers Strike



