I'm publishing my blog as a book and need photos for the cover. In particular, I'm looking for colorful, emotional crowd shots of WGA rallies and marches, especially the march on Hollywood Blvd. in Nov. 2007. I'm also interested in photos of SAG rallies and Back to Work rallies.
Do you have photos that fill the bill? If so, please email me at jhandel@att.net. Thanks, and happy New Year!
Monday, December 28, 2009
WGA Strike Photos Wanted
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Friday, December 11, 2009
Closing Windows?
Interesting email from my satellite company today. DirecTV urges me to order Julie & Julia on PPV. Not my cup of tea, thanks, though I suppose Julia Child probably had a clever way to brew a cup of tea while cooking up some unusual dish at the same time. But more interesting to me were two little notes that accompanied the ad: "Now Playing" and "Same Day as DVD." The movie's official Sony website confirms that this is non DirecTV-specific.
That's intriguing. There's usually an exclusive DVD window before the pay-per-view release, with the window averaging 37 days this year, up from 32 days last year, says research firm SNL Kagan. Even the shortest average was 20 days, over at Lions Gate.
Is this a trend or an experiment? Probably the latter, but who knows where it might go. And for those wondering what effect this might have on the guilds, consider that the DVD residual formula is much less favorable to talent than the pay TV formula. Time for guild members to cross their fingers and send Sony some holiday best wishes - and maybe a gift basket worthy of Julia.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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Labels: home video, PPV, release windows, residuals
Monday, November 30, 2009
Little-Noticed Music Deal
Everyone listens to music, but musicians unions may not attract the same attention. Several people, including myself, reported on the composers and lyricists recently, but this time I’m talking about the musicians themselves, i.e., the performers. Turns out their union, the American Federation of Musicians, made a deal three weeks ago with the studios — but it appears (correct me if I’m mistaken) that no one reported it (though the LA Times did mention that the deal was in negotiation).
Let’s correct the omission. According to the AFM website, the two agreements (one theatrical, the other television) run through February 2013 and establish jurisdiction over productions made for new media, increase residuals for traditional product exhibited in new media (move-over product), and “provide a new income stream when music is used in New Media other than in New Media productions.” The agreements also include wage increases and “protect musicians’ health benefits.”
That’s all the detail I have at this point. A ratification package is going out to members shortly, or already has. More info to come when I have it.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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Labels: AFMA, Labor Unions
Wednesday, November 18, 2009
No More Sounds of Silence on the Music Composition Front?
Everyone knows that composers and lyricists make scales ... now they want to make scale as well. Union scale, that is (or, even better, above scale). One of the few non-unionized sectors of Hollywood, composers and lyricists - the people who write music (as opposed to musicians, the people who perform it) - are now in talks with the Teamsters for representation.
It's not as strange as it seems: the macho union of dock workers and Hollywood truck drivers (Teamsters Local 399 on the West coast and Local 817 in New York) also represents casting directors, location managers, and various other tenderfoots. An earlier bid to join the Writers Guild (WGA) apparently gained little traction.
All this according to recent pieces in Variety (here, here, and here) and a long piece today in the LA Times. An early-stage meeting Monday, which had been announced by the Society of Composers & Lyricists (a trade group, not a union) attracted over 300 people, about a third of the 900 who would be covered by a union agreement. About 200 of them signed union authorization cards, but the Teamsters are hoping for two-thirds (i.e., 600 or so) in order to move forward.
In other audible union news, AFTRA recently approved its interactive (i.e., video game) voiceover contract, while SAG voted down its similar pact, representing a rare defeat for SAG's new administration. Despite concerns with some aspects of the contract, that's unfortunate for SAG, because I'm told this sector is only about 25% unionized (AFTRA numbers + SAG's). That means that video game companies can easily move over to AFTRA - or go nonunion. The hard reality is that neither SAG nor AFTRA control the labor supply in this area, leaving them little leverage in negotiations. Sort of like bringing a PS2 to a PS3 meetup.
In still other news on the union front - sorry, I've been busy prepping for my UCLA gig, not to mention working for a living - the California Court of Appeals dismissed as moot an appeal by former SAG president Alan Rosenberg and his fellow Membership First plaintiffs newly-reelected 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord of their suit against their own union. This cacophony lives on in the lower court, however, still costing the union money, but there's some hope that that court will adopt the appeals court's underlying reasoning and dismiss the entire proceeding on the same basis. Let's hope.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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Labels: AFTRA, composers, interactive media, lyricists, musicians, SAG, Teamsters, video games
Saturday, October 24, 2009
Book review: "Moral Panics and the Copyright Wars" by William Patry
The content and technology businesses are at war, as is well-known and as I discuss in a recent article. It’s a struggle that focuses on unauthorized file sharing and new business models—in other words, a copyright war. Undeniably, the entertainment industry often battles demand rather than trying to satisfy it, and copyright laws have taken a corporate turn. Who better to write about this conflict, one would think—and point the way to solutions, one would hope—than an author with 27 years experience in copyright law as a professor, practitioner and government attorney?
That author is William Patry, who is now Google’s senior copyright counsel (though he emphasizes that he’s writing to express his own views, not Google’s). He says he’s in favor of “effective” copyright statutes, and I opened his book hoping to learn what those might look like, since the divergence of public behavior and existing copyright laws makes it clear that something has to change. It’s an area of great interest to me, not just personally, but also professionally, as my law practice at TroyGould focuses in large part on new media and, more generally, the intersection of entertainment and technology. I was writing a review for the Los Angeles Times, and I hoped I’d be able to write a positive one.
Alas, not. What I found was a book riddled with invective, unoriginal observations, and numerous typographical errors—about 200 typos at my count, including twice referring to Martin Luther King’s most famous oratory as the “I Had a Dream” speech (as though King had simply given up) and inadvertently transmuting federal judge Richard Posner into “Judge Richard,” perhaps positioning him for a gig on syndicated television.
The text is heavily footnoted, yet still marred by unsupported claims. Thus, Patry says that imposing public-access easements on beachfront houses doesn’t reduce their value. That’s doubtful, and he offers no evidence. We’re told “orphan works” is a metaphor used to unjustifiably protect certain kinds of works, but actually those using the term want to loosen protection (a position I agree with, as does Patry). Patry claims that declining CD sales are not related to unauthorized file sharing, but offers neither discussion nor footnotes. Moreover, the book is larded with unnecessary block quotes, among them a half-page endnote analyzing the phrase “Tastes Like Chicken.” Whatever the entrĂ©e, a sharper carving knife would have helped.
In short, I was hoping for a significant contribution that would build on previous work in this oft-discussed field. Instead, I found a deeply flawed narrative that didn’t even acknowledge the existence of landmark books in the area by such authors as Lawrence Lessig, Neil Netanel, William W. Fisher III, Jessica Litman, Siva Vaidhyanathan, Tarleton Gillespie, and James Boyle. As I discuss in the LA Times piece, the book is not without some virtues, but I was largely disappointed and surprised. You can read the full review here, then come back and leave comments if you wish.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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Labels: copyright, technology
Sunday, October 18, 2009
SAG Interim Nat'l Exec Director Hired as Permanent
SAG's Interim National Executive Director David White just got the permanent gig and can drop "Interim" from his title. The vote on today SAG's national board, which began meeting yesterday and is still meeting today for a little while longer, was 70.91% in favor, I'm told, which suggests that a few of the Membership First directors joined the moderate coalition in appointing White to the job.
The appointment is well-deserved: Not only is White a calming and smart presence, but also he, John McGuire, Ray Rodriguez and others on the SAG team have built a record of accomplishment over the last 8 mos. or so, closing one deal after another, including, or course, the biggies (TV/theatrical and commercials). Now the work begins for next round of negotiations, which start in just under a year, believe it or not.
Monday, October 12, 2009
Rosenberg v. SAG: Court of Appeal Implies Appeal May be Moot
Alan Rosenberg is no longer president of SAG, nor even a national board member, but his lawsuit against his own union drags on pointlessly. Believe it or not, he’s still trying to undo Doug Allen’s firing, the appointment of David White, the ratification of the TV/theatrical contract and, no doubt, the discovery of a new ring around Saturn. That last is probably a particularly bitter blow for the ex-president.
Rosenberg and his fellow Membership First plaintiffs 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord might see some reason to continue the charade, but the Court of Appeal is apparently more skeptical: in a one-paragraph letter to counsel last week, the court asked both sides’ lawyers to be prepared to discuss at oral argument whether the appeal is moot, given that the SAG board reaffirmed Allen’s dismissal and White’s appointment, and the membership at large ratified the TV/theatrical agreement.
The oral argument in this farce is set for a week from tomorrow, October 20, but regardless of what happens, the case continues in the trial court — unless, perhaps, that judge, as well as the appellate judges, can be persuaded that courts have better things to do than try to madly shove toothpaste back into an already discarded tube.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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Labels: Labor Unions, Membership First, SAG
Friday, October 2, 2009
Handel appointed Adjunct Professor at UCLA School of Law to teach entertainment unions & guilds course
On a personal note, I've been appointed as an Adjunct Professor at UCLA School of Law. I'll be teaching a course on entertainment unions and guilds starting in January. I also continue as of counsel at TroyGould.
Below and attached is the press release from TroyGould.
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Subscribe to my blog (jhandel.com) for more about entertainment law and digital media law. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles. If you work in tech, check out my book How to Write LOIs and Term Sheets.
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TroyGould’s Jonathan Handel Becomes Adjunct Professor at
Entertainment and Media Law and Policy Class to Focus on Unions and Guilds
LOS ANGELES – October 1, 2009 – Jonathan Handel, of counsel and member of TroyGould’s Entertainment, Sports and Media Department, has become an adjunct professor at the UCLA School of Law. He begins teaching a semester-long class on entertainment unions and guilds in January 2010 and will continue to represent clients at TroyGould.
Handel’s course focuses on legal analysis along with discussions of union history, policy and politics in order to illuminate the abstract language of guild contracts. Students will review topics ranging from on-screen and advertising credits to creative control, residual compensation, arbitration, strikes and stalemates, and new media.
“Understanding the role of
Recent news events have made the course more timely and necessary than ever. Handel will specifically spotlight the 2007-2009 Hollywood labor turmoil that consumed the Writers Guild of America (WGA), Directors Guild of America (DGA), Screen Actors Guild (SAG), American Federation of Television and Radio Artists (AFTRA), and IATSE and the Teamsters, the unions that represents most ”below-the-line” workers.
Well known in the industry, Handel has been interviewed hundreds of times by local, national and international television, radio, print and online media outlets about entertainment, new media and
In 2009, Handel published a short book titled “How to Write LOI's and Term Sheets,” and will be publishing his new book ”
Handel earned his Juris Doctor cum laude from
About TroyGould
TroyGould is a
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Sunday, September 27, 2009
SAG: Four Hardline Horsemen in the National Board Room
Thursday’s SAG election was a victory for the moderate coalition. Yet, strangely enough, the leaders of the losing hardline faction will all find seats on the national board, and will continue to be a shadow government within the union’s Hollywood board—a board on which none of the key moderate leaders will be voting members.
Yes, the moderates (Unite for Strength (UFS) / USAN / RBD / independents) won the national offices – President and Secretary-Treasurer – and picked up additional national board seats and many on the
In fact, paradoxically, 1st VP and failed Membership First presidential candidate Anne-Marie Johnson will probably continue as 1st VP, ex-president Alan Rosenberg will almost certainly be back on the national board in a matter of days despite winning only an alternate seat, MF leader David Joliffe will probably be on the Hollywood board and effectively on the national board, and MF leader Kent McCord continues on the national and Hollywood boards.
Meanwhile, none of the key moderate leaders will be on the
How could the election yield so much change in the national offices and so little in the Hollywood Division? Here’s the scenario [UPDATED: Para. 3 is new.]:
1. The moderates seemingly have 27 seats on the
2. However, look closer. One of those 6 pre-election seats was held by Ken Howard. Under the SAG Constitution and By-Laws, a national officer can’t also be an elected member of the national board or a Divisional board. So, the day he became president, Howard lost his elected seat on the national and Hollywood boards, and, indeed, his name has been replaced on SAG website listings with “(1 TBD).” That leaves the moderates with 26 seats on the
3. But, when it comes to electing officers (such as 1st VP) or selecting replacements for the
4. So, Membership First controls who the
5. Thus, although
6. Elevating
7. MF will also presumably vote to appoint newly reelected board member Anne-Marie Johnson as 1st VP (the VP office from Hollywood) and thus as Divisional chair, to the extent that she doesn’t automatically continue in these offices (note that the updated SAG website still lists her as 1st VP and divisional rules say that the 1st VP is also the chair). This is possible because Johnson ran for two seats in this election—president, but also, as a backup, national board member. She won the latter.
8. As a result, MF will have skilled leadership as voting members in the
9. In contrast, Unite for Strength will have none of its leaders as voting members in the Hollywood boardroom: Ned Vaughn and Assaf Cohen didn’t win seats on the Hollywood or national boards, and Ken Howard and Amy Aquino, as national officers, are non-voting, ex officio members of the Hollywood board, as well as the NY and RBD (Regional Branch Division) boards. One wonders whether Howard and/or Aquino will be able to find time to attend every
10. Note also that the Hollywood board gets to appoint the Hollywood members of the TV/theatrical contract negotiating committee, if there is one, and that
11. Remember too that it was the
Bottom line: SAG’s byzantine governance structure and geographical divisiveness will once again facilitate disunity. Among other things, the question becomes, will SAG and AFTRA be able to reestablish Phase 1 joint bargaining? The divided governance certainly makes it harder.
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Labels: Labor Unions, Membership First, SAG, Unite for Strength, USAN
Thursday, September 24, 2009
SAG Moderates Win Presidency, Secr. + Additional 4 Natl Seats
In a victory for the SAG moderate coalition (Unite for Strength / USAN / independents), the UFS candidates for president, Ken Howard, and secretary, Amy Aquino, won the union's national offices.
However, the election was close: Howard's total was slightly less than the two hardline candidates added together (Anne-Marie Johnson and Seymour Cassel) and Aquino's was slightly more than that of incumbent Connie Stevens. So the union is still very divided, and Howard acknowledged that the results were not a landslide and that the union is very divided, while saying that he planned to reach out to MF supporters.
On the national board, the moderates showed strength as well: They picked up 4 of 11 seats in Hollywood and held all of the NY and regional (RBD) seats. I estimate that this brings the moderate's board majority to around 60%, vs. 40% for MF, but that's a very rough calculation and I'm not sure at this point.
On the Hollywood board, the results were more dramatic: 21 of 33 Hollywood board seats went to the moderates. Added to the 6 they (and independents) already control, that's 27 out of 55 - just shy of 50%.
UFS spokesman Ned Vaughn said he expected to see SAG and AFTRA jointly negotiating wih the studios next year. Howard said he'd reach out to AFTRA and the other guids. On the subject of merger with AFTRA, Howard disputed claims from 6 years ago that merger would hurt SAG members' pensions.
The challenge for the moderates is to build a record of accomplishment, hire David White on a permanent basis, build relations with AFTRA and other guilds/unions, pick up more seats in next years' July-Sept elections, then go into negotiations with the studios Oct. 1 (2010, i.e., next year). After that - work on merger. A tough road ahead.
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SAG Press Release:
AMY AQUINO ELECTED AS SECRETARY-TREASURER
Guild Also Announces Results of National Board Elections
Los Angeles (September 24, 2009)—Screen Actors Guild today announced results of elections for its top two elected positions. Ken Howard will serve as Screen Actors Guild president and Amy Aquino will serve as secretary-treasurer. Both will serve two-year terms beginning September 25.
Ballots were mailed to 99,485 paid-up SAG members on August 25, and 27,295 were tabulated today, for a return of 27.44 percent. Presidential candidates Ken Howard received 12,895 votes, with Anne-Marie Johnson coming in second with 8,906 votes, Seymour Cassel got 4,838 votes, and Asmar Muhammad received 402 votes.
“I’d like to be among the first to extend my heartfelt congratulations to our newly elected Screen Actors Guild national leadership. I look forward to working closely with our new president, Ken Howard, and new secretary-treasurer, Amy Aquino, as we focus on the wide range of critical issues facing our members in the coming year,” said SAG Interim National Executive Director David White. “I also extend my thanks, and the gratitude of SAG members and staff to Alan Rosenberg and Connie Stevens for their service and sacrifice on behalf of our union.”
“I am deeply honored to be chosen by the membership to lead the Screen Actors Guild,” said Ken Howard. “I campaigned on the promise that I’d do everything in my power to strengthen our position at the bargaining table by building a greater unity with AFTRA and the other entertainment unions, and that’s exactly what I intend to do. Despite the sharp differences that those of us active in Guild affairs sometimes have over strategy and tactics, we need to continually remind ourselves that we’re all on the same team, fighting for the same thing — and by pulling together, we’ll only grow stronger.”
“I am truly honored that the members have entrusted me with this responsibility,” said Amy Aquino. “Progress has already been made toward strengthening SAG’s finances and I want to make sure it continues. Only by fortifying SAG in this way can we hope to ensure the protections that performers need in these challenging times.”
Screen Actors Guild also announced election results for the National Board of Directors. Twenty-two of the 69 national board seats were open for election this year, representing Screen Actors Guild’s Hollywood, New York and Regional Branch divisions.
“It is my privilege to welcome and congratulate our newly elected Screen Actors Guild National Board of Directors for 2009-2010,” said White. “Along with our staff nationwide, I look forward to working with them to pursue a robust agenda as we navigate the Guild through these changing times.”
The National Board members elected today will assume office on September 25 for terms of three years.
SAG’s Hollywood Division elected eleven National Board members; the New York Division elected four National Board members; and seven National Board members were elected from the union’s branches in Chicago, Colorado, Florida, Hawaii, Philadelphia, Portland and San Diego.
National Board members elected from the Hollywood Division: Martin Sheen, Ed Harris, Elliott Gould, Ed Asner, Anne-Marie Johnson, Connie Stevens, Diane Ladd, Dulé Hill, Hill Harper, Nancy Travis, and Marcia Wallace (all three-year terms).
The following were elected to serve as National Board alternates and to the Hollywood Division Board of Directors (all one-year terms). Gabrielle Carteris, Jenny O’Hara, Michael O’Keefe, Clyde Kusatsu, Dawnn Lewis, Doug Savant, Michelle Allsopp, Alan Rosenberg, D. W. Moffett, Joe Bologna, Robert Hays, Jason George, L. Scott Caldwell, Clark Gregg, Patrick Fabian, Bill Smitrovich, Ellen Crawford, Stacey Travis, Mandy Steckelberg, Renee Taylor, Bernie Casey and John Carroll Lynch.
National Board members elected from the New York Division: Sharon Washington, Monica Trombetta, Sam Freed and Liz Zazzi (all three-year terms). Additionally, New York Division members elected Mike Hodge as NY Division President.
The following were elected to serve as national board alternates and to the New York Division board of directors (all one-year terms.) Manny Alfaro, Sheila Head, Marc Baron, Joe Narciso, Jay Potter, Dave Bachman, John Rothman, Kevin Scullin and Justin Barrett.
National Board members elected from the Regional Branch Division: John Carter Brown (Chicago – three-year term), David Hartley-Margolin (Colorado – three-year term), Dave Corey (Florida – three-year term), Scott Rogers (Hawaii – three-year term), Helen McNutt (Philadelphia – three-year term), Mary McDonald-Lewis (Portland – three-year term), Don Ahles (San Diego – three-year term).
Ballots for all eligible SAG members in Hollywood and New York were mailed on August 25 with a September 24 return deadline and were tabulated today by the independent election company Integrity Voting Systems. A total of 13,718 ballots were tabulated in the Hollywood Division (representing 25.25 percent of ballots mailed in the Hollywood Division) and 5,997 ballots were tabulated in the New York Division (representing 26.11 percent of ballots mailed in the New York Division). The number of ballots returned in the Regional Branch elections varied by region.
For complete results, please visit SAG.org.
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Labels: Labor Unions, Membership First, SAG, Unite for Strength