Still from Web.Files interview with creators of BMB: Dirty Bomb Diaries

We’re at the beginning of a new age of ‘television’ and ‘film’ production and distribution. Some of the old models of content delivery are getting some competition and some are likely to fade altogether. For actors and all creatives this new model offers some great opportunities. No longer will it be absolutely necessary to live in one of the major markets in order to work in and hopefully, make a living in, ‘the business’. Take a look at this interview, check out some of the episodes of this and other web series on strike.tv or your favorite distribution channel.

Here’s what I know:

The AMPTP says they can’t make any money on so called NEW MEDIA (internet delivery of new product) if they pay actors what they pay for Network TV or Cable TV, especially the residuals that actors earn for reruns.

Really? Want to see some recent residuals I got for Cable TV usage?:

CPT Holdings, Inc. 12.19.2008 $29.60 Net Amount: 19.93
Payor: CPT Holdings, Inc.

Columbia Tristar Television, Inc. 12.18.2008 $14.65 Net Amount: 9.87
Payor: Columbia Tristar Television, Inc.

Twentieth Century Fox Film Corp. 12.04.2008 $72.59 Net Amount: 48.89
Payor: Twentieth Century Fox Film Corp.

These residual payments may make me blush, but it’s not from embarrassment of being over paid. These are the kind of residuals that come from taking the AMPTP at their word.

Apparently that cable TV ‘experiment’ has worked out pretty well for 20+ years but the actors have never able to significantly improve on the deal we cut with the AMPTP when the pleading from the producers was ‘don’t kill this infant technology’.

Regardless of the opinion of how SAG negotiations were handled by the now defunct team of Rosenberg and Allen, hardly anyone I’ve spoken with or read has offered the opinion that the AMPTP offer to SAG is a good deal for actors. Good? It’s not even a reasonable deal.

Universally it seems it is understood that the deal that AFTRA and WGA signed are not ones that the guilds can be happy with or proud of. Yet SAG, because of an inexplicable lack of communication skills among other reasons, has let itself and ‘the actors’ become the punching bag for the rest of the industry. Gotta hand it to AMPTP for looking like the guys in the white hats. Unlike the guilds, the producers have played their hand beautifully.

If actors give up the contracted guarantee of residual income from television and films because they are now distributed (streamed or downloaded) via the internet, then frankly I’m left to ponder: WHAT IS THE PURPOSE OF MEMBERSHIP IN SAG?

Actors by and large simply do not work enough, even at current rates, to make a living in the profession without residual income. Even WITH residual income most actors don’t make a real living from SAG wages. Why do I continue to turn down non union work when the new contract gives producers the okay to produce non union?

Once again we’re told to accept this deal now and we’ll ‘revisit’ the issues when the technology is more mature. Uh. Sure.

Well now it seems that the IATSE folks (from whom SAG has received little public support as our own contract woes have dragged on and on) are having their own issues with their leadership and with the AMPTP.

Nikke Finke’s site has a very good piece today about the IATSE contract situation.

Here is a section of the post on today’s DHD website:

… the IATSE/AMPTP Memo Of Agreement which opponents are calling “the worst concessionary contract” that the Hollywood locals have ever seen. As one activist in the International Cinematographers Guild emailed his IATSE Local 600 members: “So far as I’m concerned, the MOA gives away employment opportunities in New Media, guts our health plan, and gives no security to those who work on a day to day, or part-time, basis. This contract gives away every reason I can think of for belonging to a union. On top of that, it sews up ‘jurisdiction’ over the Internet which means that no group can create an alternative union that might fight for realistic wages and reasonable terms and conditions of employment.”

Substitute “SAG” for “IATSE” and it just sounds like more of the same from the AMPTP. So now, IATSE members who face loss of insurance benefits and loss of a livable wage from NEW MEDIA, how does it feel to be in the position SAG members have been in for the past 8 months? It’s not that easy to ‘just accept the deal’ is it?

A couple of pull quotes from the comments on Finke’s site:

…The New Media contract issues should be a bigger focus for all IATSE members. You might have your 300 or 400 hours to get your teeth cleaned every six months but you won’t be making enough on a “Web Episode” with no real guide lines on rates or staff requirements to make your house or rent payments.

New Media is the future. It should be made under the Basic Hollywood Agreement…

…And I hope that all members can read here, the Facebook site, or 400hours.com to see that anyone who votes in favor of this contract is voting himself, or herself, out of union protection in new media, voting themselves out of a share of future earnings, and possibly voting themselves out of their health care.

This contract, in conjunction with the contracts of the last twenty years, takes a gigantic step forward in dismantling our union and union protections. VOTE NO. VOTE “AGAINST RATIFICATION”.

Furthermore, now I hope all my brothers and sisters in IA can see how foolish it is to not support our sister guilds of WGA, DGA, and SAG…

Why The Smoke & Mirrors, SAG & AMPTP?

I don’t see why the SAG National Majority and their pals, the Big Media labor lawyers, are needing to waste more than an hour in talks since all they’re doing is Xeroxing AFTRA’s TV/Theatrical Contract. These past two days have consisted of nothing more than playing at negotiations. Sure, feature players will be thrown a few bones regarding French hours and force majeure and other stuff the AMPTP was going to back off anyway. Heck, the plan by the AMPTP all along was to make a big show of only giving in to the so-called “moderates” once they came into power in order to make them look all that much better compared to the “militants”? Nice to know that the SAG National Majority is following the AMPTP’s script to perfection. So color me unimpressed when this deal is reached lickety split. And the heavy-lifting residuals issues really necessary to the continued financial security of SAG and its members will be left off the table.

Read all the DHD Coverage here

SAGWatch BLOG

From Digital Media Law:

SAG and the AMPTP ended their second day of talks at about 10:00 p.m. this evening (Weds.), but will resume tomorrow at 1:00 p.m. for a third, previously unannounced day of talks, said a source close to the negotiations. No other info was available on the progress of negotiations, but this is obviously a hopeful sign in a situation that’s been largely devoid of them until the last 30 days.

Negotiations had resumed Tuesday, accompanied by dueling protests, one from an organization of below-the-liners calling itself Back to Work, organized largely by camera operators Jon Philion and Andrew Rowlands and cinematographers Ed Gutentag and Bruce McCleery, and the other from Membership First. BtW was urging a deal, while MF was protesting the likelihood that the talks would result in what they consider an unacceptable deal. There were about 100 protesters in all, reports Variety.

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

By BRAD STONE
Published: July 17, 2008

SAN FRANCISCO — In a significant step toward vanquishing the local video store and keeping couch potatoes planted firmly in front of their televisions and computers, Amazon.com will introduce a new online store of TV shows and movies on Thursday, called Amazon Video on Demand.

Related
Times Topics: Amazon.com Inc.

Customers of Amazon’s new store will be able to start watching any of 40,000 movies and television programs immediately after ordering them because they stream, just like programs on a cable video-on-demand service. That is different from most Internet video stores, like Apple iTunes and the original incarnation of Amazon’s video store, which require users to download files to their hard drives.

“For the first time, this is drop dead simple,” said Bill Carr, Amazon’s vice president for digital media. “Our goal is to create an immersive experience where people can’t help but get caught up in how exciting it is to simply watch a movie right from Amazon.com with a click of the button.”

Amazon, which is based in Seattle, is also pursuing the technology and media world’s holy grail — an Internet pipeline to the TV. It has struck a deal with Sony Electronics to place its Internet video store on the Sony Bravia line of high-definition TVs.

The video store will be accessible through the Sony Bravia Internet Video link, a $300 tower-shaped device that funnels Web video directly to Sony’s high-definition televisions. That is an awkward extra expense, for now. But future Bravias are expected to have this capability embedded in the television, making it even easier to gain access to the full catalog of past and present TV shows and movies, over the Internet, using a television remote control.

Mr. Carr said Amazon would pursue similar deals with other makers of TVs and Internet devices. “We can support both streaming and downloading,” he said. “Our goal is to continue to establish partnerships with all companies who have a connected device.”

Amazon Video on Demand will be accessible to a limited number of invited Amazon.com customers on Thursday before it opens more broadly to other users later this summer.

Films and TV shows from almost all the major studios and television networks are available for sale or rental to Amazon’s customers in the United States, at varying prices depending on the program and whether people buy or rent it. The lone holdouts are Walt Disney and ABC, which Disney owns. Both have close relations with Amazon’s digital rival, Apple.

Although Amazon does not release revenue numbers for its digital initiatives, its 10-month-old digital music store, Amazon MP3, is viewed favorably as a solid runner-up to iTunes from Apple. But it is far behind iTunes, which recently surpassed Wal-Mart Stores as the leading supplier of music in the United States.

Amazon Unbox, the company’s original download-only video store, was largely seen as a disappointment because it required customers to download special software to watch the programs they bought. The service also worked only on Windows PCs and TiVo set-top boxes.

To make the new service more enticing, the first two minutes of all movies and TV shows will begin playing for users on Amazon.com immediately when they visit a title’s product page on the digital video store.

“I can be at my office, purchase a movie, and then it will be available on my television at home,” said Robert Jacobs, a senior manager at Sony Electronics. “Creating this on-demand available-everywhere access to premium content is going to be very attractive to consumers.”

Amazon will have some formidable rivals if it hopes to dominate the emerging world of digital video. Apple, Microsoft, Google and Netflix are all looking to capture the coveted real estate in the living room as well. Apple has had the most success with video on its iTunes video store and its Apple TV set-top box. It recently added content from several movie studios and introduced video rentals to the service.

Amazon Video on Demand is not expected to generate significant profits for Amazon, which must pay large royalties to Hollywood studios and develop the costly technical infrastructure required to make the service operate reliably.

But Jeff Bezos, Amazon’s chief executive, may have another goal in mind. Establishing a foothold on televisions could be a way to let couch potatoes and television advertisers link up to the rest of Amazon’s online store with a click of the remote control.

“That is certainly a possibility for the future,” Mr. Carr said.