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Opportunistic ABC Studios Uses Strike to Fire Writers

Posted Jan 14, 2008 by  Eric S. Wyatt in Entertainment | 5 comments | 493 views
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ABC Studios took action over the weekend to dismiss over thirty writers, utilizing a contract clause which permits the termination of writer's contracts during a long work stoppage.
According to Variety, the studio was able to fire the writers due to the "force majeure" ("greater force") provision of "overall" contracts.

Overall Contracts are contracts which bind a writer to a production company. A writer under such a contract works for the studio, who owns rights to all of the writer's work product for the period of the contract (typically two to three years). The writer under such a deal receives payment for the contract regardless of whether or not any of the work product is used.

The recent firings at ABC were mostly producers or writers who weren't currently tied to a major series. Reports indicate that Warner Brothers and other studios may soon follow ABC's lead.

"The ongoing strike has had a significant detrimental impact on development and production. so we are forced to make the difficult decision to release a number of talented, respected individuals from their development deals," ABC Studios said in a statement late Friday.

One analyst has reasoned that the termination of these deals is one of the motivating factors behind the studio's decision to allow the strike to continue, and that the termination of Overall Contracts may be the first signs that the writer's strike may soon end.

Chad Gervich, a Writer's Digest blogger reports that some insiders believe the studios have been wanting a strike in order to "get rid of pricey overalls that haven't produced quality material." He also points to the upcoming negotiations between the studios and the Director's Guild; negotiations that will deal with many of the same issues that the writer's have complained about. The hope is that a deal with the Directors will eventually lead to a deal with the writers, and a resumption of Television production.
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  • avatar Posted Jan 14, 2008 by  David Silverberg
    #1
    This is disgusting, to see ABC take this action against the writers. It sounds like sour grapes to me, and I hope a boycott against ABC programs spreads across the country to teach them a lesson.
  • avatar Posted Jan 15, 2008 by  Eric S. Wyatt
    #2
    People might have staged a boycott if the writers involved were actively engaged in a running project...as it is, my guess is that ABC won't see any backlash for ending these "overall" (exclusive) contracts...they would basically keep paying these writers for not writing.

    One report on a blog seemed to indicate that after the strike is over, ABC would re-hire them to finish out their contracts from that point on, but I couldn't confirm that, so I didn't include it in the article. If that is the case, then the writers are basically just not getting paid while striking, which is true of the other writers too.

    If they don't get the contracts back after the strike, they will be free to negotiate with any studio for their services, so it will be like being freed from an indentured status... ;-)
  • avatar Posted Jan 15, 2008 by  Debra Myers (skyangel)
    #3
    I think this is ridiculous! This is like blaming the writers for the strike...
  • avatar Posted Jan 15, 2008 by  Eric S. Wyatt
    #4
    there aren't many union jobs where you can strike and still get paid...that they were paid up until this point is a recognition of the fact that both sides give up some freedom when signing these "overall" contracts...it was a clause within the contracts signed by both sides...

    when you strike, you give up your financial security in the short-term to try to force the management to agree to a better long-term contract...why should these writers continue to be paid when regular writers, actors, prop guys, costume people, sound engineers, editors, etc. go unpaid?
  • avatar Posted Jan 15, 2008 by  Debra Myers (skyangel)
    #5
    @ Eric S. Wyatt
    there aren't many union jobs where you can strike and still get paid...that they were paid up until this point is a recognition of the fact that both sides give up some freedom when signing these "overall" contracts...it was a clause within the contracts signed by both sides...

    when you strike, you give up your financial security in the short-term to try to force the management to agree to a better long-term contract...why should these writers continue to be paid when regular writers, actors, prop guys, costume people, sound engineers, editors, etc. go unpaid?


    They shouldn't, eric. Any more than those who are still working shouldn't go without pay either. The middle ground there is tough...and those writers who have been let go, even rightfully so, will only flood the market in an area where employment must be tough to get in the first place. Is there a big enough market to absorb these writers who have been terminated, though?

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