I’ll be updating this periodically today, but I wanted to get my essential message out as quickly as possible:
If you’re in the Writers Guild - vote tomorrow. Honestly. Don’t assume it will work out right. Vote.
And if you’re both in the Writers Guild and you live in Maryland or Virginia, well, you’re just going to have to vote twice. That’s right, all three of you have a long day ahead of you.
For those of you who aren’t in the Guild, let me explain. The deal that we’ve struck seems like a good one to me. I’d call it a victory for the Guild, for the labor movement, and - just by the fact that it’s over - a victory for the television viewer, who may now be spared more shows based solely on ritual humiliation billed as “reality.”
But there are elements within our Guild who are furious about the new deal. So furious and fearless, in fact, that they’re posting all over the internet, urging people to continue the strike and reject the deal. So courageous and strong that when the microphone was opened up on Sunday night to ensure that every single Guild member who had a question could ask it, they stood up and…
…no, they didn’t. The mood of the meeting was almost exclusively positive, with none of these rabble-rousers attempting to raise any rabble in the physical world. But they sure have been making a brave and righteous noise on the internet. And their continued online agitation might just influence tomorrow’s strike-lifting vote. I don’t want to take that chance. Vote.
It’s not that I don’t understand their points. The deal, like any strike resolution, is far from perfect. But the things that the Guild won were the things we had to win, the things that ensure the future, while the studios mostly held on to things that gave them the short-term advantages. In short, it was very different from your traditional strike resolutions, and almost a complete inversion of the tone of the now-reviled 1988 settlement.
Full disclosure: I stood to gain almost nothing from the strike in my current employment. And that’s what I got. We late-night writers (with the exception of “Saturday Night Live”) exist in a more or less residual- and resale-free zone. Those Super Tuesday jokes don’t exactly stay fresh for long. And yes, I am anxious to get back to work.
On the other hand - I’ve got a lot of fish a-fryin’, and several projects in the works that will be very much affected by the deal. Also, I’m not a completely selfish individual. Close, but not completely.
So now that I’ve established my objectivity by telling you how aware I am of my bias (oh, the things you can learn from pundits and politicians!), let me tell you why this is a good deal…
What we gave up: We dropped animation and reality jurisdiction. Just about everyone saw that coming like a falling piano over a black “X.” We didn’t get anything better than the existing, awful DVD rate, which hurts because I hear those little discs are all the rage these days.
What we got: A small bump in residual rates. And a huge chunk of the future. Henceforth, any sufficiently high-budget “new media” is going to be under the Guild’s jurisdiction. When people download or stream movies to their computers (now) or TV sets (very, very soon), we will get paid. Not to go into too much detail, but we’re getting a reasonable percentage of the distributors’ gross. That amount, while currently capped, is an excellent starting point for any particular writer’s negotiations. The principle is what matters here, not the principal. Especially when you consider that the original, pre-strike offer was a combination of “nothing” and “we have no idea if these internets are gonna earn us anything.”
In not too long a time, your options for getting TV and movies to your screen will resemble your “on demand” cable menu. Except that the library will be more or less infinite - just about everything that’s ever played on a screen will be available to you at all times. No, that’s not Crazy Futurist Talk, it’s where this industry is headed. And until the strike, writers (and directors and actors) were poised to get pretty much zilch for it all - the horrible DVD rate would’ve seemed like a horn o’ plenty by comparison.
What we should shut up about: Some of my guild brothers and sisters are outraged by the fact that the studios won a 17-day window in which they can stream first-run TV shows on the internet for free after its first run.
Not only have I not “found my anger” on this concept, I’m actually in favor of it. Even ignoring the producers’ claim that they bundle internet streaming ads in with their first-broadcast - that may be true, but it’s not my problem. But this idea has clear promotional value, especially since so many TV shows are basically serials nowadays - miss just one, and maybe, maybe you’ll catch it on DVD. Or maybe not. But I’m one of the thousands of people who watched episodes of “Heroes” on TV only because I caught the promotional free pilot on iTunes. And after I missed a couple of episodes, I basically stopped watching, because it wasn’t important enough to me for me to pay for it. There I am - poster-boy for how free streaming might have led to more viewers. Now I’ll probably never know, nor really care, if saving a cheerleader really was a prerequisite for saving the world (though I’ve always assumed the opposite).
And 17 days doesn’t exactly cut into the broadcast rerun down the road (where a lot of writers make their cash). I actually heard some writers make this claim though - that networks won’t re-run programs because of that window. That sounds like hogwash to me. The real risk is that our paid (after the 17 days) internet reruns will mean traditional reruns might go bye-bye. I’m not sure if that’s true (original programming is more expensive, no matter how you slice it). But the “window” isn’t part of that argument anyway.
Sorry to bore y’all. But this is an important moment, and I’m worried about even the slim chance the shortsightedness of some of my colleagues could spoil what is really an impressive deal. Back in ‘88, he Guild gave up the future for a couple of momentary perks, and its been costing us ever since. Traditionally, you don’t get things like that back after you give ‘em away, and we didn’t.
But this time, ironically, it was the bottom-line obsessed, quarter-to-quarter big media conglomerates who were willing to take the immediate (DVD-related) profits in exchange for letting the creative community gain a firm toehold in the future of entertainment. Ultimately, gigantic companies are much more comfortable taking on future “operating costs” (us!) rather than let anything else interfere with this year’s earnings.
So, a quick sum-up: Thanks for the honking. We won! Let’s not blow it.





31 comments
NB
February 11, 2008 at 11:36 am
1HONK!
Bob
February 11, 2008 at 12:42 pm
2But does the settlement include permission to name one’s firstborn male offspring after prominent Happy Days characters and/or well known claymation animated dogs?
If that’s not included, I say you stay out until your right to do that is assured (barring maternal objections).
Bob
Jim (OJNTNJ)
February 11, 2008 at 12:45 pm
3Based on the title of the post, I thought you were going to break the news that Bill O’Reilly was about to announce his retirement.
Oh well, if the strike deal passes and you’re able to get back to frying fish, that’s nearly as good a turn of events.
Beep Beep
Steve
February 11, 2008 at 1:52 pm
4I’ve found it entirely curious that this whole strike brouhaha seems to be largely over Internet revenue, as if there was a workable model for such a thing other than “information (and content) wants to be free“, whether intentionally or not.
Any percent of nuthin’ is still nuthin’.
Gina T.
February 11, 2008 at 5:04 pm
5You go, girl!
Adam Felber
February 11, 2008 at 5:05 pm
6Steve-
Personally, I no longer subscribe to that “content wants to be free” idea (and its attendant “and fuck the corporations” and “So I guess fuck the artists too though that’s really a shame!” corollaries).
Ultimately, you have to look at some facts, one of which really stands out: Despite the availability of high-quality free music at the click of a mouse, Apple sold 2 billion songs on iTunes last year. That’s a lot.
Add to this that your forthcoming delivery systems (internet to your TV) will be better protected, it’s my guess that many consumers won’t opt to risk potentially virus-ridden or warranty-voiding hacks. Most people will stick with things that look like (and are probably bundled with) their cable boxes and Tivos.
There are going to be pirates, for sure. But I think you’re overestimating most people’s dishonesty and underestimating the canniness of corporate media giants.
I short, I think we’re looking at a percentage of somethin’.
Jim (OJNTNJ)
February 11, 2008 at 6:00 pm
7As long as I don’t have to pay for the dancing youtube girl or other repeats, I’m fine with a minimal user fee for quality video content. Something along the lines of uploading movies and specials (via a Netflix-style rental service).
Harold
February 11, 2008 at 6:05 pm
8During a conversation about this at my DVD manufacturing company, someone pointed out that CBS is rebroadcasting shows online free of charge - for ten days. I mentioned the seventeen-day window, and we all had a hearty chuckle at the malicious rapaciousness (and rapacious maliciousness) of the corporations that have all of the money and none of the talent.
And I wept at this deal. Not for you writers, Adam, but for the future of DVDs. Because I have a feeling that from this point onward we’ll never again see characters renting or purchasing DVDs on TV, but rather using downloaded content for their entertainment. And we all know the normative effects of the behavior of characters on TV viewers. Watching a year of Spike Feresten has left deep scars on my psyche - well, fresh scars, at least.
Steve
February 11, 2008 at 6:26 pm
9Adam:
Just to clarify, I don’t advocate “pirating” material — I pay for my “content”, usually even when I don’t necessarily have to — because I appreciate the fact that writers, artists, truck drivers, accountants, and even studio execs have to eat, too, even if that means that some are eating some fancy filet mignon with shaved truffle and some are eating Hamburger Helper.
However, as someone who watches Internet technology fairly closely, I just don’t see where there’s an economic model in charging for most “content” (I hate that word since I think it’s demeaning to creative folks, but I’m unable to think of anything better, so go with me here). You and I may be loath to void our warranties or hack our cable boxes but we’re dinosaurs. There’s an entire generation behind us that is used to firing up BitTorrent and grabbing whatever they darned well please.
This week’s On the Media on NPR had a piece on how anti-filesharing company Media Defender got hacked that shows what a cat and mouse game protecting content is and how the mice (or is it the cats? Depends on your perspective and who you’re rooting for, I suppose) are winning.
I wish you luck.
You’re gonna need it.
sharon
February 11, 2008 at 7:03 pm
10My boyfriend and I watched–for free, and it was legal, not a BitTorrent–the unaired episodes of Joss Whedon’s “Drive” on my teevee last year by using his laptop and routing the audio and video to the tv. I’m sure there must have been some way to capture the signals and store them for viewing or uploading later, but I’m too lazy to do it. Viewer’s choice–I want to watch this, and only this, and I want to watch it right now!–will finally drive the cable monopolies into the ground, for which I will be very happy.
Pope Benny 16
February 11, 2008 at 7:44 pm
11Today is the celebration of the apparition of Mary appearing to Bernadette Soubirous at a grotto in Lourdes, France on February 11, 1858. The vision instructed Bernadette to dig in a certain spot. The digging produced a spring whose waters have been said to produce miraculous cures. Of course, what was really miraculous is that everyone took Bernadette at her word and no one tested her for drunkenness, ergot poisoning, or mental illness.
The Lord blessed us with entrepreneurial priests in those days and they immediately saw the wisdom in setting up souvenir stands for the pilgrims who would soon journey to see this place of miracles. It’s been 150 years now and still they come (and buy!!!). Amazing.
Today was also the World Day for the Sick and all over the planet Mass was celebrated for the infirmed. Holy water was placed on the forehead and hands of the diseased. Cardinal Bernie and Father Guido both have mentioned that we should really be charging for this service. I vill give it a t’ink, as my great countryman, Albert Einstein used to say.
Meanwhile I put Franco Zerrelli in charge of coming up with a better slogan than “World Day for the Sick”. I suggested “Global Day of Healing”. Franco said he’d get back to me, which I’ve come to learn means “no”.
Rumor has it that we received four new paintings of the masters very early this morning. Bishop Angelo put them in a safe place and stationed three of our best Swiss Guards to protect them. Father Anselmo said we should just let this be our little secret for the time being.
David
February 11, 2008 at 8:35 pm
12Adam, I’m assuming you know how to fry catfish (or sand dabs with a welding torch, I think it was, for you movie buffs). You fry the catfish with the tails and fins still on, because they crisp up like chips. I also assume you have a family recipe for hush puppies - there are some quite tasty variations, at least among the fish-frying mamas I’ve known and revered. And finally, of course, a favorite cole slaw recipe.
Is a celebrate-the-birth-of-Fonzie-Gromit-Felber fish fry in the offing?
hedera
February 11, 2008 at 9:09 pm
13Congratulations, Adam, may the strike end soon! HONK!
hedera
February 11, 2008 at 9:17 pm
14Completely off-topic (and minor blog-whoring), but this is the only way I know to reach siobhan:
I recently put up a blog post, including photos I got with my cell phone (crummy camera but it was there) - and I really want to know what those scrub jays are doing! Siobhan, can you take a look and give me a guess?? Feedback from other birders also welcome.
Dale
February 11, 2008 at 11:01 pm
15Hedera, I believe they are having a presidential campaign.
Adam Felber
February 12, 2008 at 12:55 am
16Everyone - I haven’t had time yet to think of a Felbapashower or a Fonzie Fish Fry. I guess I’d oughta…
Sharon - much as I would like to see that, I have regrettable confidence that the cable monopolies will find a way to leverage themselves into that business, much the same way that Microsoft - having come too late to the internet - found a way to leverage themselves into it.
Steve - I hear you. And having worked in just about every possible configuration of “new media” in the past 5 years, I do think I get it, too. And I’ve had the same concerns. But I’ve come to think that the BitTorrent fans are not totally unlike me, in my CD-copying, tape-dubbing, and early file-sharing days. “Kids today,” will not grow up to be a nation of unscrupulous content burglars. Partly because their friends will stop doing it (ever watched a pirated show at a friend’s house? It gets more and more uncomfortable with age), partly because it will become harder, and mostly because the thrill disappears and stops being worth the effort.
We’ll disagree on that, I know. And piracy, as I said, will happen. Big time. But I think there are billions to be made in the online content business. Let’s agree to meet here in 10 years to see who was right, okay?
Steve
February 12, 2008 at 8:41 am
17Adam:
Thanks for taking the time to respond. You and Harry Shearer, over at the HuffPo, are my favorite bloggers, not to mention satirists, if for no other reason than I can expect a reasoned response.
My point, if there is one, is not so much that we’re raising a generation of “content burglars” but that the next generations are going to be loath to pay for something which they can get for free. When it costs you exactly zero dollars and zero cents (other than bandwidth costs) to dupe a copy of the latest tunes, only an idiot or an altruist is going to shell out bucks.
The model of content scarcity is a broken one and in ten years (I’ll be here if you will) the market model will be vastly different.
As far as Digital Rights or Content Management goes, people will break them if for no other reason than they are a pain in the tush, make it difficult to move material from one transport vehicle to another (say from TiVO to your laptop or video iPod). Once you can copy the bits, the bits are essentially free.
The writers may have won a victory but I suspect it’s more Pyrric than not.
hedera
February 12, 2008 at 1:32 pm
18Dale, that’s really funny, and I can’t immediately think of an argument against it! Do you suppose the 3rd scrub jay commenting from the wire represents Mike Huckabee??
It's Pat!
February 12, 2008 at 3:17 pm
19Ok, back to the subject. From my exhaustive research (looked at the first thing I googled -
http://www.birds.cornell.edu/AllAboutBirds/BirdGuide/Western_Scrub-Jay .html ), my guess is one of the jays was in the middle of hiding some food, and the other went after it. That’s when the fight started. The one on the wire was a bystander (maybe not innocent).
Now if you want to start giving them names….
hedera
February 12, 2008 at 3:49 pm
20It’s Pat!, I can’t imagine why it didn’t occur to me to Google “scrub jay”… what an interesting site, although I still think you’re interpreting just a little. I like the fact that the only scrub jays that are suspicious of being watched are the ones that have themselves been thieves. Can we extend this to people and their attitudes or am I over-reaching here???
Dale
February 12, 2008 at 5:50 pm
21Hedera, I think the 3rd jay might be the mainstream media.
David
February 12, 2008 at 6:08 pm
22Off topic (of course - but not for Fonzie Gromit Felber); either the world shifts to non-fuel energy production, or else we are well and truly f***ed.
http://www.commondreams.org/archive/2008/02/12/7012/
OK, counterpoint: Lynn Westfall says we have plenty of oil. Who are either George Monbiot or I to disagree with Lynn Westfall, or even worse to think there are much larger questions in play for the planet? He also thinks oil should drop to $60-$70/bbl. If cars got 200 mpg, and they could if we accepted economical transportation as their sole function, the shit would be $20/bbl, for chrissake.
Fonzie Gromit Felber’s children will be justified in hating us for what we thought was and wasn’t important.
Dave von Ebers
February 12, 2008 at 6:55 pm
23I, for one, hope your back to work soon. I mean, not that I’d actually shoot that Simon Cowell dude, or anybody associated with MTV or VH1 … but I’d rather shovel freakin’ snow for the rest of my life than see another smarmy “reality” TV show.
Holy crap. Whose reality is it anyway?
Best of luck!
The AnnFan Club
February 13, 2008 at 6:08 am
24Okay, who’s gonna tell her?
Not me! Uh-huh. No sir-ee Bob!
What did you just say, Hubert? “No Sir-ee, Bob????” Heh! Heh! Heh!
Look, guys, not me this time. I merely hinted at it last month, I’m still walking with a limp.
Oh, that’s right, Jerry. How’s the skin graft to your shin healing?
I suppose I could put a note in the Valentine card I’m sending her. I DO live the furthest away, though I normally don’t see that as an advantage.
I would put a note in the the box of Lady Godiva Chocolates that I’m giving her, but I’ve already sent it by special courier.
Yeah, same here. The “Cupid’s Heart Over the Top” floral arrangement that I saved 3 months for has already been delivered. She likes yellow roses, I understand.
How did you find that out?
None of your beeswax.
Jeez, grow up, will you?
Boy! Boys! Please. We have to break it to her gently about the Clinton Fatigue that’s washed over the electorate, like last week’s oil-fouled tide.
How about Jimmy? He’s already scheduled for rhinoplasty.
How about Todd?
Yeah! Todd! We owe him.
Maybe we could send her an anonymous letter.
Like a kidnapping note? Yeah! Oh boy, that would be great! I have a ton of Science News and Redbook that we could cut the individual letters from.
(Redbook?)
Joel. Get help soon.
Stalker!
Creep !
Dork!
Twerp!
…
Ann
February 13, 2008 at 11:05 am
25Yellow roses…I smell a rat.
Moi
February 13, 2008 at 3:58 pm
26Fatigue? Je ne comprends pas. Je ne suis pas fatigue. Clinton et Obama (et Ann) sont magnifique.
David
February 13, 2008 at 4:02 pm
27Possibly the most compelling reason at this point that we need Obama as our nominee:
http://news.yahoo.com/s/time/obamavotersimpactmccaintoo
Ann
February 14, 2008 at 2:34 pm
28L’etat, is that you?
Moi Quatorze
February 15, 2008 at 5:51 am
29Mais certainment.
Morty
February 15, 2008 at 6:06 pm
30Stop the frog croaking, already. Spreak Englisch, troop.
Frog
February 15, 2008 at 7:42 pm
31I’m still alive and hopping. Thank god for mouth-to-mouth resuscitation. And I am speaking l’anglaise, which is pretty damned impressive for a frog, mais non?