WGA Pickets Tyler Perry Studios in Atlanta - House of (Writers) Pain

No mainstream media outlets — People, CNN — even mentioned the WGA protest. And Barack Obama, though invited, did not attend the gala Atlanta event at Tyler Perry Studios. Here’s who did: Will Smith, Oprah Winfrey, Sidney Poitier, Ruby Dee, Cicely Tyson, Louis Gossett Jr, Holly Robinson Peete, Tracey Edmonds, music mogul L.A. Reid, singer John Legend, baseball legends Hank Aaron and Barry Bonds. Mary J. Blige, Patti Labelle and Gladys Knight performed. Said Tyler: “I was embarrassed by the success.” He should be embarrassed by the shame.

full story at: www.deadlinehollywood.com

SAG TO AMPTP: YOU WON’T TALK, WE’RE TAKING A STRIKE VOTE

Los Angeles, CA (October 1, 2008) – The National TV/Theatrical Negotiating Committee of Screen Actors Guild today passed the following advisory motion to the National Board:

“Whereas, Screen Actors Guild has been and remains willing and able to continue formal and continuous negotiations with the AMPTP and the employers, with the intention of reaching a mutually-acceptable deal; and

Whereas, the National Board has unanimously identified the core principles of new media jurisdiction and new media residuals as essential elements of any agreement in the Television/Theatrical contract negotiations; and

Whereas, preservation of longstanding force majeure protections for actors is of self-evident importance; and

Whereas, the President and Chief Negotiator have communicated this view to the AMPTP and the employers, and have requested that they return to the bargaining table to negotiate a fair deal; and

Whereas, the AMPTP and the employers have refused to change their position and have continued to refuse to meet to attempt to advance the negotiations; and

Whereas, in the opinion of the National Negotiating Committee, the AMPTP and the employers will only seriously engage in further negotiations after the members of the Guild express their confidence in their leadership by authorizing them to take all actions necessary to protect the interests of the membership, including a strike; and

Whereas, although the National Board has already unanimously delegated the authority to take a strike authorization vote to the National Negotiating Committee, in the opinion of the Committee, the strong and public support of the National Board for the necessity of a strike authorization at this time is a necessary prerequisite for its success;

NOW, THEREFORE, BE IT RESOLVED by the National Negotiating Committee that:

A strike authorization vote of the membership is necessary to overcome the employers’ intransigence, and the Committee therefore recommends that the National Board authorize such a vote be taken; and further recommends:
That the National Board adopt a resolution strongly supporting such an action, and recommending that the membership vote in favor of a strike authorization; and

That the National Board endorse an educational campaign advocating a “yes” membership vote, to give the authority to the National Board to call a strike only if the National Board deems it necessary and unavoidable to do so. “

Adopted: October 1, 2008

AMPTP RESPONSE TO SAG ATTEMPT TO RESTART NEGOTIATIONS

September 29, 2008

Dear Alan and Doug:

This is in response to your letter dated September 29, 2008 to Peter Chernin, Robert Iger and me. Your letter indicates that the Screen Actors Guild is not prepared to change its position on any of the threshold issues in our negotiations. The Guild’s position remains unchanged since we last met on July 16, 2008. Further, in addition to new media, there are a number of significant issues which, in and of themselves, prevent the parties from reaching agreement.

Our Final Offer to the Screen Actors Guild is comparable to our agreements with the Directors Guild of America, the Writers Guild of America and AFTRA. Our Final Offer memorializes a set of compromises, including in the area of new media, worked out with other Guilds and Unions and particularly addresses actor specific issues raised during the Screen Actors Guild negotiations.

We do not believe that it would be productive to resume negotiations at this time given SAG’s continued insistence on terms which the Companies have repeatedly rejected.

In light of the unprecedented economic difficulties facing our industry and the nation, the Companies continue to hope that the Guild’s leadership will recognize the five major labor agreements that have already been concluded this year and will accept our Final Offer while it remains on the table.

We want to reemphasize that we value greatly our industry’s talent - the directors, writers, actors, and below-the-line people who create entertainment products for audiences around the world - and hope that our Final Offer can serve as the basis of an agreement.

Sincerely,
J. Nicholas Counter III

SAG SEEKS TO RESTART STALLED AMPTP NEGOTIATIONS

Here is a copy of the latest missive sent from the SAG negotiating team to their counterparts at AMPTP in an effort to get contract talks restarted:

September 29, 2008

Dear Gentlemen:

We believe it is clear that our members would fail to ratify your proposal of June 30, 2008. It would serve no productive purpose, therefore, to send our membership a proposal that SAG’s National Negotiating Committee and National Board have rejected and that our membership would not ratify.

It is our fervent hope that this news will encourage you and your colleagues to reengage in formal bargaining, with the exchange of proposals and compromise by both sides necessary to reach an agreement.

Our discussions with you and many of your colleagues since formal talks ended have educated both of our teams about our respective priorities and flexibilities. As we have said to SAG members, if we can reach agreement on three threshold issues, we believe we can finish these negotiations. One issue you brought to the table: force majeure protection for actors held by contract to a suspended production. Two issues we have identified as core principles: coverage for all new media productions (including those below $15,000/minute) and residuals for made-for new media productions re-used on new media. Other issues divide us, certainly, but we believe those other issues can be successfully addressed once we have resolved these three threshold issues. We have approached these contract negotiations reasonably and with a realistic and informed view of the state of the industry.

We are prepared to meet formally and continuously until we reach agreement. We owe it to our constituencies and the thousands of others in this industry that depend on a productive, stable and uninterrupted relationship between Screen Actors Guild and the networks and studios.

The alternative to reaching an agreement as soon as possible is unnecessary and destructive uncertainty. If your intransigence continues, however, our choices become harder and fewer. We would prefer the more complicated and productive choices that compromise will make necessary. But we can’t make those choices that lead to agreement working alone.

What do you say; when can our committees meet face-to-face?

Sincerely,

Alan Rosenberg
National President

Doug Allen
National Executive Director and Chief Negotiator

THE NETWORK AUSTIN MIXER - THE ALLIANCE

WHAT: The Network Austin Mixer
WHEN: Wednesday September 24 - Speakers at 7 PM — Network Till Late
WHERE: Mother Egan‚s Irish Pub - 715 West 6th St. Austin, TX
WHO: Everyone involved in film and media… and YOU!

SPEAKERS: A Panel of Speakers from THE ALLIANCE
* Donise Hardy, President, Talent Works-USA
* Veronica Kelly-Albiez, Vice President, DVA Talent
* Liz Atherton, TAG Talent
* Heather Collier, Collier Talent
* Gabe Folse, State Theater

Our September 24 Mixer will feature the panel of Speakers listed above from
THE ALLIANCE, a cooperative of Casting Directors, Talent Agents and Acting
Coaches that provides insights into the needs and concerns of the acting
community. SEE: http://www.theallianceaustin.com/index.h….

This is a very important Mixer and all actors, and those in the film community in general,
are encouraged to attend.

Please pass on information about our Mixers to your friends and associates
in the film/media industries, and if you have a website associated with
those fields, please post our website - www.networkaustinmixer.com

FWIW: On Photos, Changing Agents - More Advise to Young Actors

Some months back I was asked to give my opinion about a young actor’s headshot. Over the weekend I received a followup email from the actor who wanted some additional advice about the headshot photo and about the process of changing agents. After I had finished responding to his questions it occurred to me that this information might be helpful to a wider audience. So, without identifying the actor in question I’m copying my response to him below in hopes that some others may find it helpful:

Hi E…,

The photo you attached is fine…as long as it still looks like you. However the truth is you probably need more than one photo. This one is pretty ’serious’…which is good for many roles but might not be good if you were going up for a lighter role or for a commercial. I also suggest you get any new photos taken in color. Many years ago, color photos were only for models but that day has passed. With the advent of digital photography, color headshots have become the norm for actors as well. There is a link on my web site to a local photographer named Kathy Whittaker. I don’t get any money for recommending Kathy, I was just very pleased with her work and her pricing. If you decide to get new shots I’d call around or check web sites to get prices and see whose style appeals most to you. There are a number of good photographers in town.

BUT if you’re looking at changing agents, I’d wait on new photos until you get the agent thing settled. Then go over the issue of photos with your agent and see what kind of photos they want you to have…they’ll give you some opinions on how the think they can best market you.

If you’re going to try to establish a working relationship with any agent, it’s best to [not only] enlist their input [but] then to do what they say and see how that works. Also get the agent’s recommendations about photographers. As long as you are with a reputable agency, then you shouldn’t have to worry about getting scammed by an agent who makes money off photographer’s referral fees…an OLD scam in the agency business. Continue to check with your peers about their representation and about who shot their pictures, etc. That kind of information can be gold to you and save you from making some mistakes.

As to changing agents…

I don’t know who you signed with or the terms of the contract. Typically there is an ‘out’ clause in every talent contract..for both the talent and the agent. If you haven’t been working and they aren’t calling and the contract is still in force, a simple letter terminating the agreement should do the trick. But check your contract for specifics such as the requirement that the letter be [sent by] certified mail, etc. Depending on how long ago you signed the contract, it may no longer be in force. Again, check your copy of the agreement.

BUT before you do seek a new agent there is something that you might want to consider: It sounds like you haven’t been a very good client to this agent. I don’t say that to be critical but just in response to your representation that you haven’t been available because of school. Nothing will turn off ANY agent faster than a talent who is not available for auditions.

Once in a while is not a problem, but after a few times…or worse, if the talent just doesn’t return the agent’s call…or EVEN WORSE if the talent accepts the audition and then gets busy with class or whatever and DOESN’T SHOW AT THE AUDITION, the agent gets the idea that the talent is not really serious and they move on to those who are.

Not showing up for an audition appointment is NOT ACCEPTABLE as it can give you AND your agent a black eye with the casting person. I’m not saying you stiffed the agent on auditions, because I don’t know that. I’m just saying…agency and talent relationships are a two way street. SO…before changing agents, you may want to get back in touch with your present agent and have a discussion about how you’re now ready to be available and serious about getting acting work. If you liked this agent well enough to sign with them in the first place, maybe you don’t need to change agents, just get back in their good graces.

Otherwise, truly, in this market I think all the agents are going to provide similar results. Just go with someone with whom you feel a connection and then do your part by getting them the photos they want and need and by being available when they call…by taking some classes if possible to show you’re continuing to study, etc.

Also you’re going to want to get up to speed with a few services like NOW CASTING and ACTORS ACCESS. Those are two online casting sites that many/most agents and casting people are now utilizing. At least familiarize yourself with those sites so you can ask potential agents if they use them and what they expect from you in terms of getting signed up…they’re both free to actors.

Find someone you ‘like’ and stay with them.

I’ve had a LOT of agents in my career and sometimes a change of agent is about all an actor thinks they can do to get things jump started. You have to understand the realities of the market in which you’re working. Right now, local production is way down due to the lack of an adequate tax incentive program in Texas. That lack has resulted in a LOT of work moving to other states like Louisiana and New Mexico and even Michigan.

At this time and in this market…given the statement in the paragraph above, I would discourage moving from agent to agent because I just don’t see the point. All the [reputable] agents will get all the calls from the casting people. If you establish that you are serious about acting and do your part, the agent, whichever agency you are with, will probably get you out. All the agent can do is give the actor an opportunity, it’s up to the actor to book the job. Easy money, right? Hah!

You might take a look at agency web sites and see which agents seem to have the most talent who ‘look’ like you and which don’t. You might consider approaching an agent who DOESN’T already have 10 guys in your age range and with your ‘look’…so you will fill a need for that agent.

Hope this helps some. It’s a long road and it takes a lot of persistence, patience and work to get anywhere. Best of luck and keep in touch.

Tommy

SAG ELECTION RESULTS - HERE’S ONE TAKE

Deadline Hollywood Daily has quite a bit of information and opinion on the results of the SAG election, how these results impact the ongoing stalemate with the AMPTP, etc.

Here’s the beginning of the DHD coverage. Hit the link above for the full story.

The results of the SAG vote elected an equal number of Membership First candidates and Unite For Strength candidates — 5 to 5 — onto the 33-strong National Board from the Hollywood division. For MF, JoBeth Williams, Scott Bakula, Lainie Kazan, Keith Carradine and Joely Fisher won three-year terms. For U4S, Amy Brenneman, Adam Arkin, Ken Howard, Pamela Reed and Kate Walsh also won three-year terms. The 11th elected National Board member was Morgan Fairchild who ran as an Independent and also won a three-year term. It’s expected that she will vote with U4S which endorsed her candidacy.

WHIP It! Returns, TWO BOBS Screens, New McCanlies Film in Pre-production

With all the turmoil caused by Hurricane Ike and the collapse of too many financial institutions, it’s been difficult to keep up with the things I’d like to concentrate on…like getting the next film acting job and talking about the local filmmaking scene.

Not much to report right now but WHIP IT!, the Drew Barrymore directed film about roller derby, starring Ellen Page has apparently wrapped in Michigan and is shooting some exteriors here in our fair city. Exteriors and second unit work…that’s what you get for a 5% film inventive package vs the 40% offered by Michigan. Just a little reminder that Texas legislators have a lot of work to do to help bring film production back to the state.

Screenings:

John Bryant’s currently untitled feature based on his highly regarded short film BROTHERLY LOVE screened last week to an enthusiastic crowd. Sponsored by the Austin Film Society, the film delivered with solid performances across the board resulting in a lot of laughter in the room…always a good thing for a comedy. Looking forward to seeing the final cut on this film which shot on location in Colorado this summer.

Writer/Director Tim McCanlies’ comedy THE TWO BOBS screened this week as well….no reports yet on how this indie comedy fared in this early test.

McCanlies is moving back to more family friendly territory with his next project, directing ALABAMA MOON, based on the fine teen novel of the same name by Watt Key.

From PRODUCTION WEEKLY:

STATUS - October 27 LOCATION - Covington, Louisiana
PRODUCER: Lee Faulkner WRITER: Watt Key - James Whittaker DIRECTOR: Tim McCanlies PM: Rob Ortiz

For as long as ten-year-old Moon can remember, he has lived out in the forest in a shelter with his father. They keep to themselves, their only contact with other human beings an occasional trip to the nearest general store. When Moon’s father dies, Moon follows his father’s last instructions: to travel to Alaska to find others like themselves. But Moon is soon caught and entangled in a world he doesn’t know or understand, apparent property of the government he has been avoiding all his life. As the spirited and resourceful Moon encounters constables, jails, institutions, lawyers, true friends, and true enemies, he adapts his wilderness survival skills and learns to survive in the outside world, and even, perhaps, make his home there.

SAG Members Vote Want Better Contract From AMPTP

Los Angeles, September 17, 2008 - The Screen Actors Guild National Negotiating Committee met today and was given the results of the SAG mail-in poll by National Executive Director and Chief Negotiator, Doug Allen.

87.27% of the10,298 SAG members who responded to the poll said the union should continue bargaining in an effort to achieve a fair contract. 12.73% of those who responded said they would accept the terms presented in the AMPTP’s June 30th offer to SAG.

Postcards were mailed to 103,630 paid-up SAG members on August 28 with a return deadline of September 15, with a 9.94% return. Postcard return statistics matched almost exactly the geographic distribution of SAG members, with 56.07% of the responses from Hollywood, 20.83% from NY, and 23.10% from regional branch members.

The results of the poll indicate that members agree with the actions passed by SAG’s national board in July and August:

July 26, 2008: “It is a core principle of Screen Actors Guild— That no non-union work shall be authorized to be done under any SAG agreement and; That all work done under a Screen Actors Guild contract, regardless of budget level, shall receive fair compensation when reused.“

August 21, 2008 “To support the negotiating team to get the very best contract possible for our membership.”

Screen Actors Guild President Alan Rosenberg stated, “I am encouraged to see that members-at-large agree with the strategy of the national board and their national negotiating committee. This membership poll provides clear insight and direction concerning how actors feel about their futures. Clearly they expect Screen Actors Guild to protect them from exploitation in new media, and to preserve longstanding principles and contract provisions.”

National Executive Director and Chief Negotiator Doug Allen commented, “Our objective was to take the pulse of our members and I am pleased that the response reflects the resolve we have seen from SAG members around the country throughout this negotiating process. The AMPTP suggested we send their June 30 offer to our members to ratify. These poll results indicate that was wishful thinking on their part. We will now urge the AMPTP to roll up their sleeves and to put in the hard work required to bargain a fair, equitable agreement as soon as possible.”

The AMPTP issued this statement in reaction:

September 17, 2008 — The mass postcard mailing by SAG negotiators was a farce. The questions were devised to give SAG negotiators only the answer they wanted to hear. The materials accompanying the postcard were hopelessly one-sided. SAG member votes were recorded by name, exposing those who opposed SAG negotiators to possible retribution. And some SAG members reportedly received multiple ballots. In short, this mass postcard mailing was another exercise in futility by SAG’s negotiators, and the results are meaningless. We have made a fair offer, with significant gains in salary and new media. That offer remains on the table, for the time being, despite steadily deteriorating economic conditions. In the meantime, we and all of the other industry guilds have gone back to work, and SAG members continue to miss out on the benefits of a new contract.

Alert to SAG Members on Impact of AMPTP Offer

The following was copied from Deadline Hollywood Daily:

THIS IS AN ALERT TO ALL SCREEN ACTORS GUILD MEMBERS

It is imperative to your well being that you read the TV/THEATRICAL NEGOTIATING UPDATE that was recently mailed to you by Screen Actors Guild and check the box showing support for Doug Allen, Alan Rosenberg and the Negotiating Committee, giving them the authority and ability to go in and negotiate a better deal for you.

We, the membership, need to understand the full impact and ramification of demands being made by the AMPTP and, in particular, the two issues listed below.

Thousand of members will be denied health coverage, pension benefits and residuals.

Free Streaming/Move Over
Streaming network television shows on the internet. There are very important elements of streaming that should be understood.

The AMPTP demands:
· 17 days free streaming for current shows
· 24 days free streaming for new shows, followed by:
· Two consecutive 6-month ‘spurts’ for a payment of 3% of Total Applicable Minimum
· Guest star $85.00
· Day Player $22.77

Why is this a problem? It will not be supplemental income, but replacement income. As free streaming depletes the value of reruns, the first and second rerun residuals will be lost.

· Guest Star “top-of-show” (approximately $6,500), loses 60% of income

1st rerun residual $3,290 – lost
2nd rerun residual $3,290 – lost

· Day Player, scale (approximately $759), loses two-thirds of income

1st rerun residual $759 - lost
2nd rerun residual $759 – lost
In aggregate this represents a potential of 100-200 million dollars.
This lost income will have a profound impact on individual members’ Pension & Health Plans.

Day Player:
· Currently needs about nine days work with 1st and 2nd rerun residuals.
· Without rerun residuals, will need about 27 days work, an almost impossible number of days to reach

Guest Star:
· Currently needs about two guest roles with 1st and 2nd rerun residuals
· Without rerun residuals will need over 3 guest starring roles to qualify

Thousands of members that now qualify will find themselves without health coverage, pension benefits and residuals, turning our union into an elitist union representing only those temporarily the most successful.

Clips:
· Producers may use clips for promotional purposes without consent or payment
· For any other purpose, consent is required and negotiable… but cannot be negotiated at time of original employment

This preserves the principle that your work can only be used in and for the film on which you are engaged, allowing you and your heirs to retain control of your name, voice and likeness.

AS A CONDITION OF EMPLOYMENT, in order to build a new industry based on clips, the AMPTP is demanding:
· we give up consent and negotiation;
· allow them to mix and mash clips: “mashing” - putting together 2 or more clips from different sources, creating a new product. we will have no control over how clips are mixed or mashed, leaving the door open for a total perversion of our creative work.
• For a payment of:
· under 2 minutes - $25.00
· under 4 minutes - $75.00
· over 4 minutes - $22.77

You need to clearly understand that you will be denied employment if you do not accept these nominal payments and give up your right of consent.

It is critical that you be informed and weigh in on these two issues and the others outlined in the TV/Theatrical Negotiating Update. Our membership, the public and members of the industry at large should understand we are fighting for the basic bread and butter issues of pension benefits, health coverage, the protection of our work and the opportunity to make a living in our chosen careers.

This should be considered supplemental to the TV/Theatrical Negotiating Update which you have just received from the Guild.

Fraternally
Ed Asner
Tom Bower
David Clennon
Rob Schneider