October 31, 2007 - Alias: Cyrano

Novemebr 7, 2007

Those Who Can't Negotiate... Strike

Philosophically, I believe that fighting is a show of weakness.  Fighting is a last resort for people who cannot achieve their goals without the risk that is inherent in the fight… because you never know what might come your way once you’ve engaged an adversary in a process that could raise the threat level at any time for any obscure or illogical reason.

Nowhere is this more true than in Hollywood.  Actually file a lawsuit and there is a 95% chance that you are on the outside looking in.  People love to see other people at war because they get the visceral thrill without taking any of the risk.  And once that first punch is thrown, people lose their ability to act logically and rely on their more emotional reactions. 

And that is more true than ever.  The speed of information has somehow left us all reacting all the time, rarely moving ahead of events fast enough to be ahead of the curve, acting assertively. 

So, you fight because you are too weak not to fight.  And if you get in a fight without a true threat to your life or the ability to be a true threat to the life you your opponent, you are a fool.

On the other hand, leasing soldiers into battle pretty much requires the creation of irrational exuberance, as it is quite hard to arouse passions rationally.  This is the classic need for boot camp.  Basic training is one thing, but the more significant role of boot camp is the dehumanization of the soldier, making them pliable in order to make them willing fighters.  Demonizing the enemy is also part of it all. 

And people don’t much like to believe that they fell for this.  It was not irrational rage that made America more than a little willing to embrace the idea of going into Iraq when we first did… we had to be tricked.  And there were falsehoods involved.  But a nation’s irrational anger seeking to be soothed blinded us for just long enough to end up in a terrible situation.

And then, we look at the WGA strike.

In a rational, calm universe, the producers - as always - are trying to maximize their revenues, spend as little as possible in all areas of production and through all cycles of distribution, and are expected to take advantage of all and any opportunities to find new ways of making profit. 

In the days leading up to a strike and on the picket lines, it’s “no funny for no money”… it’s “us versus them”… it is a defense against the evil empire from its most vulnerable victims… it is a rage that must be maintained.

The battle for hearts and minds is currently designed to sway a very small group of people, maybe 30,000.  It’s so small that both sides are playing out their propagandistic hands in the media.  If they feel they take an advantage, they leak it to someone or another who will make their case without demanding too much complexity.  When someone is embarrassed, it’s back to leaking an explanation why the embarrassment should be seen as mitigated.  Etc, etc, etc.

With all of this going on, it is easy to see that the thrusts and parrys are a sideshow, not the real purpose of a union/management negotiation.  That negotiation is, simply put, a matter of dollars and cents… not personalities, not glancing egos shots or strokes.   But we’re all in the fever… ya hoooooo!!! 

Truth is, with the players choosing to use the modern conventions of a speedy internet to play games, hysteria has become a greater part of the process in a real way, much as the very real threat of physical violence was once a part of picket lines, even in Hollywood.  Ironic.  People are using the ability to state their cases in order to be more clearly heard but, at the same time, their efforts at clarity – which I think are often sincere in intent – are making the kind of muddle that makes getting to the real negotiation harder and harder.

It is absolutely critical for people of good intention to remember the real road we are on and the very real rules of that road. 

It is negotiation.  The DGA doesn’t matter.  Lockout threats don’t matter.  If WGA wants writers to be paid in M&Ms from now on, that is negotiable… and, more importantly, if it is economically feasible for the studios, they will happily melt in the writers’ mouths, not their hands. 

Imagine if you will, this negotiation in the hands of a bunch of agents, with the opportunity to make .5% of the overall increases in Guild revenue earned in the next five years.  Do you really think they would be using a strike as a tool?  Do you really think they would be making boogie men out of the studio execs involved?  Or do you think they would be coming up with any possible angle to squeeze any available cent out of the buyers of talent?

The moral high ground in this city is built of money, not dirt.

The original intent of today’s column, which I have been chewing over for about five days, was to lay out a suggested set of ways to answer the various needs/demands of the WGA in this situation.  For instance, it seems to me that it is time to seriously reconsider the residual system in terms of the structures by which payments are determined.  I’m thinking of a system that is not based on broadcast networks, cable networks, pay TV, internet delivery, etc, but simply setting a residual based on the number of people who access of given piece of product within a given period of time on a given medium. Or perhaps a system for digital delivery that reflects the recording industry’s way of paying for radio airplay, creating a pool that is shared-based on the popularity of the particular piece of material.

But as I write this, it’s not quite cooked yet.

What is cooked is the notion that the door in any negotiation is wide open.  The terms make the deal, not the personal feelings… at least in something that speaks to this large a group of people. 

When the WGA went on strike, it changed the dynamic. The other side started reacting instead of considering what actions they would agree to take.  And now, the discussion is about anything but the simple issues of how much money will be put on the table for what delivery systems.

Rollbacks can only be measured in this situation by the bottom line.  How much are WGA writers going to make in the next decade?  Will new delivery systems actually increase revenues or will they not only cannibalize the older delivery systems, but make product so accessible that prices for access will fall precipitously? 

And most importantly, what can be negotiated that will actually help working writers – and the ones who work get work because they are wanted and the notion of 90% of this guild being employed is absurd on its face – to build careers, get the credits to which they are entitled, and better serve the entire writing community, especially when they expand their financial opportunities well beyond day-to-day writing.

Take a breath, step back, and consider ALL the possibilities.  Everything in the world is on the table, whether it feels like there is room for it to be realistic or not.  Realistic is signing a contract.  Know when to hold ‘em, know when to fold ‘em.  There’ll be time enough for counting when the dealing’s done. 

Find the win… the win that starts where the Guild is today and goes all the way back to work.  There are many answers that can have a positive outcome, but raging against the bad guys is a good way to maintain enthusiasm and a rather unsophisticated form of pressuring for a solution.  The demands of the WGA all seem quite viable and yet, we are still in the midst of a strike.  Why?  And if your answer is, “Because the studios are greedy bastards who need to be put in their place,” just understand… you have already lost.

E ME


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