When there are new ways for people to sell your services, for which you are waged for with a percentage of the items sold, compensation should exist with all new forms of services sold. In addition, that compensation should exist at a 'fair or reasonable' level.
This is why I refuse to work for commission. But honestly in any non-commission job you never get more money when a company chooses to sell a product you produce in a new way.
That's not the point. If you were in their shoes you'd think differently. Fact is, they (the writers) are essetially getting their money stolen right out of their pockets. I find it quite hypocritical for the entertainment industry (and in this case TV and Movie) to bitch and complain about people unlawfully downloading their content when they turn right around and steal from their own writers.
You know, a smart contract negotiator would have said a percentage of all profits and wouldn't have quibbled about certain amounts from certain outlets.
Of course, if they want money for free online offerings they have a lot of rethinking to do if they want more money for something that costs the production companies money. Especially when free online offerings are designed to increase DVD sales and live viewership, in essence giving the writers more money.
As Danoff pointed out this is just a contract dispute and I personally believe the fault falls on the WGA as they allowed their contract to be too constrained. When I got promoted to a salaried management position I refused to accept anything less than the two people holding the job before me had. I knew precisely what I wanted and made sure I got nothing less. When they start itemizing details on a contract there is a good chance that they can find a way to keep money you feel you should have gotten from you.
Believe me, if any of this were actually unjust on the companies' part it would be in court. Instead the writers realize they screwed up their own contract and now they want a new one and are trying to fight for it, but hurting themselves more than anyone.
I think you're simplifying it way too far.
It would be like designing an engine for BMW and having them put it in all of their small cars and the MINI line as well. While you do agree to a 3% residual on all the sales of cars with that engine, they make no mention that they plan to sell it by other means, and it starts showing up in small French and Italian cars too. Even though the engine is exactly the same, they won't let you take your fair share from what is rightly yours.
I think your example is wrong. Your agreement is for a percentage of all cars sold with that engine. So you would get a percentage from French and Italian cars to. A proper comparison would be they start selling it in boats or farm equipment (or something other than a car). Your agreement is just for cars, so while you think you should get something from the new sales too your agreement only covers cars. You allowed your self to be limited and you should have said all profits from the sale of the engine. Then other devices using it count as well.
One could argue that this whole deal is a great opportunity to get into the writing business (I am, after all, working on a screenplay...), but that being said, I'm still on the side of the WGA folks. They deserve to get what they're asking for.
SCAB!!!
Crazy thing about a Guild; they refuse to allow themselves to work for anyone who won't sign a contract saying that they will only ever hire Guild workers. Guild is just another way to say union. So, there is no opportunities for freelance writers because anyone who uses them faces not having any other guild writers for years to come.
And of course the nature of the guild means that the writers who were happy with what they had now can't work and are losing money they were not willing to sacrifice.
And just a side note: I can't verify, but I heard a news report on the radio saying that at this point the Writers have lost more money than they would have gained had the production companies just agreed. This sounds correct to me as basically half a year's worth of television is now gone and replaced by reality shows.
