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Friday, September 27, 2024

WGA Strike Ended One Year Ago, But Writers Still Struggle


When the clock struck midnight one year ago today, the Writers Guild of America officially ended its historic 148-day strike against the major Hollywood studios.

It was just a few days shy of the guild’s longest strike ever, and as a result, the WGA managed to secure just about everything members had picketed in the hot, summer sun for in its current contract with the Alliance of Motion Picture and Television Producers. But, while many writers hoped that the new year would bring relief after more than five months without work, the reality has been much less promising.

While last year was certainly a win for the WGA, the union has also had to contend with the fact that many of its members are still unable to find a writing job.

“I always go back to, ‘What did the companies offer on May 1, and where did writers end up 148 days later?’ What they got was undeniable because of the struggle and the fight that they were willing to undertake,” WGA West Executive Director, and the guild’s Chief Negotiator, Ellen Stutzman told Deadline, while also acknowledging “the reality of how tough a year it has been for writers who haven’t gotten to work and who haven’t gotten to personally realize the gains that they fought for.”

Ongoing, industry wide cost-cutting measures, which began well before the WGA and SAG-AFTRA went on strike, were only exacerbated by the months-long work stoppages.

Instead of bouncing back once writers (and actors, just a few weeks later) were available for work, production crawled. Soon, it became clear that the era of so-called “peak TV” was long gone.

Over the last year, writers at all levels have struggled to find work, but the contraction has been particularly difficult for mid- and low-level writers, who say it feels like there’s no room for them in the current environment.

“One [writers] room is getting 600 submissions for three to five jobs,” one story editor told Deadline. “I keep on writing because…the people at the top who move the money around are going to eventually figure out how to make movies and television again properly. So it’s just really a matter of survival.”

Another lower level writer anecdotally told Deadline that “fewer of my friends are working than I can ever remember since I got in the industry.”

Most writers are quick to point out that the writing was on the wall well before the strikes. Even when the business appeared to be booming, the television landscape was changing as episode orders shrank and the time between seasons grew.

As a result, many writers rooms became “top heavy,” as one writer put it. That means that, once the producers and higher-level writers were hired, there wasn’t much room left for lower level staff. Last year, the WGA fought for staffing minimums that were meant to mitigate this problem, but at the end of the day, a new contract can’t stop the changing economics of making film and television.

“Unions exist to protect that jobs that exist in a sector. Unions don’t compel employers to hire jobs that they don’t need,” one writer acknowledged. “A lot of people feel they put a lot of energy into the strike…but that is my political choice that I made. The union doesn’t have the responsibility to find me a job or create the conditions for me to find a job.”

The writers are not alone in their current struggles, either. Now that budgets are also getting smaller, and fewer shows are being made as a result, just about everyone in the entertainment industry is suffering to some degree. Studios are going through relentless rounds of layoffs, stars can’t sell their TV packages, and below-the-line crew is struggling to find work as well.

WGA West President Meredith Stiehm says WGA leadership is “sympathetic” toward everyone who is weathering the tough climate this year. Choosing to stay hopeful, she added: “What I always tell myself is the whole business is based on original content. They have to order more soon. They will.”

The union has been careful not to undercut the gains made by the writers in the current contract when discussing these economically tough times. It’s indisputable that any writers who are working right now are benefitting from the sacrifice that, effectively, the entire film and TV industry made last year.

“The companies decide the level of production, and we negotiate to ensure that the jobs that are there are good ones,” Stutzman said.

And they did. Writers achieved a streaming success bonus, artificial intelligence protections, script fees, higher minimum payments, and more.

In fact, the first streaming bonuses were paid this month. While the model that the unions achieved is by no means perfect, it does put some extra money in writers’ pockets at a time when work is scarce. As of now, the threshold remains high for writers to become eligible for the bonus, which the guild’s leadership says they hope will change in the future.

“It’s exciting to see the payments come in,” Stutzman said. “It’ll always be our view that more writers should get it on more programs.”

Surely, that will be readdressed in the next bargaining cycle, as will artificial intelligence. Under the terms of the latest agreement, “AI can’t write or rewrite literary material, and AI-generated material will not be considered source material,” meaning that AI-generated material can’t be used to undermine a writer’s credit or separated rights. 

However, there are still concerns when it comes to training AI systems based off of writers’ previous work. There is legislation currently circulating at the state and federal level to address AI, though none tackle this issue directly. Earlier this year, Rep. Adam Schiff introduced a bill to the House that would require transparency from companies regarding their use of copyrighted work, but union leadership doesn’t find that sufficient.

Recently, OpenAI argued that it couldn’t survive if forced to pay for using copyrighted materials to train its AI systems. Well, Sutzman argues, “then you don’t have a viable business model.”

“It’s intellectual property theft,” Stiehm agreed. “Writers call it plagiarism, and the law calls it theft. You don’t scrape material and then go take it and try to monetize it for yourself.”

The WGA’s next round of negotiations with the AMPTP is quickly approaching, as the parties will head back to the table in 2026. Leadership has already begun preliminary brainstorming for that bargaining cycle, but they won’t start surveying members and creating a concrete plan until next year.

In the meantime, Stutzman and Stiehm say the priority is enforcing the contract that’s in place, providing aid to anyone still experiencing financial hardship, and encouraging the community that was fostered on the picket lines to continue.

They say they’ll also remain supportive of the other Hollywood unions, whose contract negotiations are ongoing. Currently, Teamsters Locals 399 and 817 are bargaining with the AMPTP on a new casting agreement. The Animation Guild (IATSE Local 839) is in talks with the studios as well. Both are running into obstacles when it comes to both compensation and AI, which sounds eerily (and frustratingly) similar to last year’s climate.

“I wish the companies learn their lessons a little bit quicker. [Last year], it shouldn’t have taken them so long to reach a reasonable deal, and they should take from that that it’s really important to respect the people that make their business possible,” Stutzman said. “But it seems like what’s needed is for labor to continue to be strong and willing to demonstrate their power in order to get these companies to come to the table in the right way.”

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