Thread by @bergopolis

WGA-ATA Saga, Part III: The Unbecoming

I've only ever been repped by UTA. I’ve been with them nearly 15 years. I have three agents on the TV side, one on the feature film side. They know me. They get me. We don’t hang out, but we’re friends. We respect one another and put up with each other’s eccentricities.

The WGA’s desire to reevaluate/renegotiate the AMBA isn't personal. It’s not an attack; rather, it’s self-defense. Despite profits soaring everywhere, the wages of writers have remained stagnant and in some areas (particularly cable and streaming) we’ve seen a slight decline.

Despite their earnings being tied to ours as our fiduciaries, talent agencies aren’t suffering the same fate. For them, business is BOOMING. Why?

Packaging [v, pak-uh-jing]: The process by which talent agencies violate conflict of interest clauses, holding studios hostage to secure fees for doing nothing at the expense of the clients they are supposed to represent.

Producing [v, proh-doo-sing]: An anti-trust crime committed by talent agencies designed to reap more revenue off the backs of talent, often at the expense of the clients they are supposed to represent.

The WGA's response is a single, simple request… that agencies sign a Code of Conduct (like those used in professional sports) preventing them from doing anything beyond what the law allows. That’s it. We are asking them to abide by federal and state law, nothing more.

The agencies are refusing to do this. Greed is good for business, yo.

No one has a problem with packaging itself. Pairing clients with the right projects is literally their job. But taking money out of our pockets and from the budgets we work with for zero return on investment is, frankly, deplorable.

And the fact that not one agency head in all their desperate communications with clients have been able to explain with any specificity how and why packaging fees are to our benefit… well, that’s pretty damn telling.

So what are the agencies offering? Transparency and disclosure. They’re promising to no longer lie to us when we ask why contract negotiations are taking so long. As a bonus, they’re going to let us see exactly to what extent they’re screwing us over. Now with more numbers!

Apparently conflicts of interest and anti-trust violations aren’t up for debate.

Honestly, the most shocking thing in all of this is just how terrible the agency side is at negotiating. Although, given our stagnant wages I suppose it shouldn’t be.

So what happens *if* on March 25th the members of the Writers Guild votes to approve a Code of Conduct? It means that agencies have until April 6th to sign it. If they don’t, they will be walking away from us.

This is NOT a strike vote. There will be NO work stoppages. If abandoned by their agents, writers will need to find other avenues to find gigs and negotiate deals but the work will go on.

Agencies who do sign the Code of Conduct will have an opportunity to sign new talent not previously with their company. Managers and lawyers will take on even more important roles.

Many writers are understandably concerned about what'll happen if this comes to pass. Those without managers who are currently seeking work will feel the sting the most. The WGA is looking to remedy that with a database on their website to connect job hunters with those hiring.

I’m disappointed the database isn't yet as functional as it should be. I understand not wanting the cart before the horse appearance of planning for failure in negotiations, but there is no harm in having infrastructure in place. Room for improvement here.

But there is not one writer I’ve spoken to who isn’t 100% for the cause. Everyone understands that packaging fees and agency production arms are harmful to writers. The strategy is the only sticking point.

And again, it goes to a genuine concern for those looking for work. Writers look out for other writers. It's the way it's always been. It's why the state of our union is so damn strong.

The refrain I’ve heard a few times is that women and persons of color will be disproportionately affected. The fear is that showrunners will look to familiar faces to fill openings on their staffs without the help of agents to find new, diverse voices. It's an honest criticism.

But I think this theory overvalues agents and underestimates showrunners.

Having staffed multiple shows the last few years as both a showrunner and consultant, I’ve put together diverse, gender-balanced staffs through recommendations from friends, diversity programs, and managers sending material. Agents have been mostly immaterial to the process.

Given their new highly profitable business model, agents have little interest in representing writers until after they’ve already staffed or sold. Once they’ve proved themselves to be money earners, that’s when agents take notice.

By and large, agents no longer seek out young writers or new voices. The money isn’t worth the expenditure of their time and energy. Managers are the ones doing the legwork fighting for lower level writers. It isn’t until writers find their footing that agents get involved.

Also, I’d like to give my fellow showrunners a little credit. I’ve genuinely felt a shift over the last few years. People want to hear from voices dissimilar to their own. They know how valuable it is to fill out their staffs with people who don’t look, sound, or think like them.

Obviously this isn’t a universal trait and there are some showrunners who are White Dudes™ who prefer surrounding themselves with Other White Dudes™, particularly in the half-hour comedy world. But the addition or subtraction of agents to the process isn’t going to change that.

There needs to be a larger shift in how this town thinks and operates... and it starts with employers. Studios, networks, producers... and yes, showrunners. We have to be better.

The bottom line is this: writers are getting screwed. And the solution might hurt in the short term, but the long term will pay dividends. And not just on the back end.

Samuel L. Jackson: "Everybody you work [with] you can have a beef with, especially in this business because it ain’t the studios no more; it’s corporations. I’m working with corporations. And all those motherfuckers got issues."

They ain't agencies no more...