You’ve heard stories about the 100-day WGA strike in 2007-2008 that paved the way for streaming royalties. But I’m guessing you’ve never heard this story. How one heroic writer stood up to the biggest villain of the entire WGA strike. That’s right, I’m talking about Taco Bell.
The strike started on November 5, 2007, and shortly thereafter, Taco Bell decided to lend its support to the striking writers the best way it could think of: by exploiting us for free labor!
It was called the “Writers Strike Sauce Wisdom Contest.” The idea was that presumably bored writers could submit catchy slogans for the sauce packets and ten winners would receive a year’s supply of Taco Bell (retail value $260).
Seems fair, you write their ad content for free and maybe they give you 52 $5 coupons. But here’s the key proviso that caused the whole harebrained scheme to blow up in Taco Bell’s face: The contest was only open to WGA members.
You see, there simply aren’t that many WGA members. Maybe 9,000 at that time. And a national contest by a major corporation can’t succeed with only 9,000 potential entries. And Taco Bell wasn’t going to spend good money advertising a contest that so few people could enter.
The few WGA members who had heard of the contest were justifiably offended that Taco Bell wanted writers to write free marketing slogans for a chance to win $260 worth of tacos. So naturally no one entered the stupid contest. Well, almost no one.
Someone at our weekly poker game had heard of the contest—I think it was Damon Lindelof—and we sat around that night coming up with slogans. The next day, we had all forgotten about it, so none of us actually entered the slogans in the contest. Well, almost no one.
That’s right. I entered the contest. And that began my year-long epic battle with Taco Bell that literally ended in a lawsuit.
The contest ended in May and I didn’t win. But I wanted to know who did win. The WGA is actually a pretty small group and even if we don’t all personally know each other, we know OF each other. Did Robert Towne win the Taco Bell Sauce Wisdom Contest? I bet it was Charlie Kaufman!
So I sent a self-addressed stamped envelope to the address on the contest for the list of winners. (Read the small print in every contest ever—they have to provide you with a list of winners if you ask.) And then I waited.
And waited. For months. But no list. So in June I looked up the number and called Taco Bell. I spoke to a woman in consumer affairs and she promised she’d get me the list.
No list. I called again in August and spoke to the same woman. She said she’s still trying to track it down but would definitely get me the list!
But again, no list. It was now December 2008. The strike had ended back in February but I still didn’t have a list of the ten WGA members who’d won the Taco Bell Sauce Wisdom Contest! I was starting to think that maybe… there were no winners.
I called again and a new guy informed me that there weren’t enough entries to actually print the winning slogans on the sauce packets but oh yes, there were definitely winners and he would email me the winners list right away.
Guess what? He didn’t.
I guess I could have just let it go. I mean, I didn’t NEED to know who won. I didn’t NEED to get to the bottom of-- Haha yeah right. I am literally the master of not letting it go.
So on December 30, 2008 I sent a demand letter to the CEO of Taco Bell threatening to expose the contest as a sham and report Taco Bell to the California Attorney General.
On January 13, 2009, Taco Bell responded and said that “due to the low number of valid entries submitted during the contest,” the contest had been cancelled. They admitted it! I was right! There were no winners!
On January 16, I filed a lawsuit for fraud.
On January 17, I received this letter:
It seems that magically EVERYONE who entered won the contest and received $260 worth of Taco Bell coupons! Huzzah!
In the end it was easier to give everyone who entered a year’s supply of Taco Bell than to fight me in court. They never printed the winning slogans on the sauce packets which is probably for the best. And it turns out $260 is a LOT of Taco Bell. It actually did last a year!
And by the way if you’re one of the other WGA members who won the contest I’d love to hear from you. I bet it came as a big surprise when you got that letter a year later saying you won! Not saying you owe me or anything. Just saying Don’t fuck with the Writers Guild. #Solidarity

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More from @DavidHSteinberg

26 Feb
“I think it’s ready.”
*panic*
I had just turned in my latest draft of Slackers to my agent @JewerlRoss on Thursday, September 9, 1999, and I’m ready for more notes. Something like, “Can you make it funnier?” which was his main note on the last draft.
So when I get the call Monday morning telling me it’s ready to “go out to the town,” I’m *really* not ready for what’s about to happen. Sure, Jewerl had sent out my last spec just a few months back, but this script feels different.
Read 63 tweets
20 Jul 20
I haven't done a tv arbitration like that but I can give a bit more info about why tv credits are even more complicated!
Pilot arbitrations determine "created by" which trigger (per episode) royalties and backend (in addition to residuals) and can happen if there are multiple writers. But episode arbitration is rare for one main reason: the showrunner.
The showrunner assigns the script to a writer on staff or a freelance writer. That person gets the WGA minimum fee for that medium and length (network hour is highest, low budget SVOD 1/2 hour is much lower).
Read 20 tweets
20 Jul 20
No, no WGA signatory company can “screw the writer” since credit are determined by the WGA. The companies must abide by the credit rules and when there’s more than one writer vying it does to arbitration (unless they agree). It’s quite complicated but allow me to explain!
I’ve been an arbiter dozens of times and even the arbiters get confused. I’m going to first break down how it works and then explain why it matters.
First of all there are a lot of confusing terms but basically as others have correctly stated a full writing credit is called “written by” and it consists of 2 parts, “story” and “screenplay” (in tv screenplay is called “teleplay”). 1 writer could get story & another screenplay.
Read 16 tweets
7 Jul 20
It’s very Hollywood to feel like everyone but you is selling, staffing, and succeeding, but this is a function of the availability bias. It just seems like everyone else is doing well because they only announce deals, not passes. Trust me, it’s mostly failure at every level. 🦨
This really struck a nerve and I can understand why so many people are feeling down on themselves. If you want a longer discussion of what I think happens to writers getting caught up in the hype of others’ success, here are my thoughts…
This industry is subjective, it’s not a math test, and you can’t say a script that sold for $125,000 is 25% better than one that got $100,000. Talent for sure plays a huge role, obviously, but so does luck!
Read 31 tweets
22 Feb 20
I've been reading a ton of original comedy pilots for the #wgasolidaritychallenge-- or I should say I've been reading SOME of them, because the truth is I do stop reading when I mentally pass. In the spirit of constructive criticism, here are a few reasons I stop reading...
- Casting breakdown character descriptions before page 1. I have never read one of these. It seems like homework and if I can't figure out who the characters are from the script, good night and God bless!
- Alarm clock buzzes leading to morning routine (h/t @Eden_Eats)
- Boss assembles the whole company into the conference room to announce the big promotion yet no one knows who's getting it because it's a SURPRISE! Our hero thinks it's her/him but guess what? It's someone else!! (This is not how promotions work. It's not a game show.)
Read 19 tweets
23 Jan 20
More thoughts on what makes a good original half hour pilot, specifically expanding on my pov shift discussion (tl;dr: make sure there's a B story). I want to talk about auto-biographical scripts. #wgasolidaritychallenge
I've read many scripts that are clearly "my life should be a tv show!" and sometimes that's true, but mostly it causes a few problems. First of all, you know your main character exceedingly well but unless everyone else has a real-life analogue, the other characters not so much.
I think the hardest thing in the world is to create characters. People that seem real with wants, needs, flaws, foibles. Distinct voices. So complex that you KNOW them. Like Sam and Diane, or Frazier, or Fleabag, or Homer. So in the room someone can argue SHE WOULDN'T SAY THAT!
Read 7 tweets

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