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Media & Entertainment Law

: Digital Media Law

WGA Strike: A More Optimistic Scenario

By Jonathan Handel

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Here's a more optimistic scenario than my recent prediction. It's all speculation, but maybe this is a pathway to a solution:

1. The DGA does a deal on new media residuals that's close to what the WGA wants (due in part to pressure from the WGA, as well as, of course, due to its own hard work, leverage and research), but not quite what the WGA is looking for.

2. WGA leadership rejects the DGA deal as a template, but returns to the bargaining table, perhaps by conceding on reality, animation and sympathy strikes.

3. SAG leadership, meanwhile, rejects the DGA deal even more strenuously.

4. The WGA achieves a slight improvement in the new media formulas, in part by pointing out that SAG will be even harder for the AMPTP to deal with. The WGA concedes on reality, animation and sympathy strikes (if it hadn't already in step 2), and also confidentially promises to sell the new media deal to SAG leadership. See also my suggested resolution for other deal points. The AMPTP concedes on other issues to close a deal and avoid the horror show of two guilds on strike.

5. The DGA would probably have a "favored nations" clause in its deal requiring the AMPTP to offer it any improved deal. So, the AMPTP grants the DGA, as well as SAG, the benefit of the improved new media formula.

This scenario allows everyone to claim victory and save face - the DGA gets to make the deal, the WGA gets to improve on it, SAG gets to help close the new media deal and also avoid a strike, and the AMPTP gets significant concessions. Here's hoping.

Tip of the hat to the anonymous friend who helped me brainstorm this scenario.

This article originally appeared on the Huffington Post today.

Full post as published by Digital Media Law on December 19, 2007 (boomark / email).

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