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« WGA Post-Strike Watch: News About Returning Shows
Heroes Scribe: Length of Strike "Isn't a Surprise"
Speaking with TVGuide.com Tuesday at a Heroes-themed picket line outside Universal Studios, writer/ co-executive producer Jeph Loeb said it "isn't a surprise" to see the WGA strike be forced into a sixth week. "We never thought this would get resolved before January, but that's because we're cynical bastards," he said with a laugh. "We believe that the studios and the networks, as much as they want to make a fair deal, don't want to do that until six to eight weeks have passed until they can [enact] ‘force majeure,' a provision where [the producers] no longer have to adhere to anyone's contract. I don't think anyone else is going to come out and say that, but Jeph Loeb is… so there!"
Noting that freshman shows such as NBC's own Chuck, Journeyman and Bionic Woman "are hurt tremendously" by a strike, Loeb mused, "Why [the powers that be] continue to keep up this is sort of perplexing" — especially since a resolution is inevitable. "[Heroes creator Tim] Kring and I have talked about this. If you've ever been through a divorce, the one thing you do know is that you're eventually going to make a deal, that eventually you'll come to an agreement. But how much money you spend and how long that separation is going to take are something you don't know. You just know your future self is divorced and has made a deal. If we could jump into the future the way Hiro could, we could come back and tell everyone the deal that we're going to make. But [instead] it's this ridiculous game of waiting."
"Something I don't believe and I feel is a waste of everyone's time is when people say, ‘[The producers are] trying to break the union' or ‘They're never going to make a deal.' That's just nonsense," Loeb maintains. "It is going to happen. It's just a case of when." — With reporting by Michael Maloney
More strike coverage:
• Lost Stars at a Loss Due to Strike
• Cheers & Jeers strikes out at the strike
• Winter Press Tour Officially Struck Down by Strike
Countdown chart:
• How many new episodes are left of your favorites series? Check out Ausiello's (increasingly depressing) countdown chart.
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Dec 12, 2007 7:05 AM
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What I would suggest is that the two sides be locked in the negotiation room and not allowed to leave until a deal is reached. If having to look at the same group of people 24/7 in order to get a deal doesn't do the trick,I don't know what will!
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Dec 12, 2007 10:17 AM
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I have to say that I think Jeph Loeb has made more sense about the whole thing than anyone else I've heard. So the best case scenario is two more weeks of this mess. <sigh> I miss Heroes...
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Dec 12, 2007 11:11 AM
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Could somebody explain the application of force majeure in the WGA strike context? I understand the definition, but what does it mean in this concrete case? Thanks in advance.
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Dec 12, 2007 2:38 PM
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You know what writers, if your even listening, YOU SUCK!
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Dec 12, 2007 4:12 PM
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alpert -
It depends on the individual contract. 'Pay or Play' contracts are quite common in Hollywood, where the producer has to pay the actor, writer or director whether the project finally gets onscreen or not. (Movies can die anywhere from development to production for any number of reasons, not just the strike) Big name actors often have to schedule years in advance, and if that project dies, that means they are out not only payment for that movie, but any other movie they could have done in the meantime. The main actors in a series may have a guaranteed payment in their contract for appearing in a certain number of episodes. If the actor starts shooting his mouth off about gays in public, just for instance, he still has to be paid, even if he is escorted off the set for good. But if the contracted number of episodes is never shot due to the strike - supposedly beyond the producers control - then that contract is null and void. Same with producers or directors who might have a three picture - three year deal. Can't fulfill it because the writers are on strike. No harm no foul and both walk away. Of course, if they like you and want to keep you, they will. But if you're not making them money - you're out the door.
Oliver Stone was supposed to start shooting 'Pinkville' - a Vietnam movie just as the strike started. He got cancelled, in effect. They said it was a script problem, but with the writers out there was no way to fix it. In all likelihood the problem with the script was that it was a Vietnam war movie in a year where every other war movie has tanked badly. The studio was afraid that it was going to be another $100 million mistake. As long as the strike lasts long enough - whatever that is according to Stone's individual contract - they'll be able to walk away from Stone without paying him a penny.
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Dec 12, 2007 4:24 PM
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You know what writers, if your even listening, YOU SUCK!
No - you have it wrong - Justeace, YOU SUCK!
Writers are not wrong here!
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Dec 12, 2007 4:33 PM
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"You know what writers, if your even listening, YOU SUCK!"
'you're'. Please tell me you are one of those who think they can write better than the current trash on TV. My day would be complete.
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Dec 12, 2007 5:17 PM
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Oh, jmm0001... too funny.
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Dec 12, 2007 5:48 PM
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Thanks, jmm0001 for explanation and examples. It makes sense now. At this moment, I hope that Jeph Loeb's theory is correct and in two-three weeks contract negotiations can resume with a more constructive attitude from the studios. It still would mean two-three weeks of complete suckage, but maybe it's not too late to avoid permanent damage to the industry.
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Dec 12, 2007 6:09 PM
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Thank you TV Guide Staff and Michael Maloney for this report on interesting items from the writers side of things. As a person who has complained when I felt you were too one-sided, I want to acknowledge when you do the second side.
Also, jmm0001, thank you for all your informative posts. I so appreciate you being here.
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Dec 12, 2007 6:11 PM
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For Comic nerds only:
I support the writers 100% but Jeph needs to get off the picket line and start getting his butt in gear! Ultimates was horrid!! Ultimates use to be one of the best books out there but this was...sick..
End nerds only rant:
So yeah go writers! I support them, and they deserve their fair shot. It stinks that people will probably watch these crappy reality shows...I wish they wont to show the writers support...
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Dec 12, 2007 8:26 PM
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Can Jeph Loeb to the PR for both sides? I think I actually understood that! (It's a Christmas Miracle!) It makes a lot of stuff make sense.
And, jmm0001, Thank you for the great information, it also made a lot of stuff make sense. Also, thank you for the reminder about the writers backing down on the DVDs a few posts back. I had forgotten about that. 
This will probably be my last post for awhile at least until after Christmas, so, ya'll have a wonderful Hanukkah, Christmas, or any other holiday you may celebrate!
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Dec 12, 2007 8:58 PM
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I can't think of any examples from this season, but there was a big one last year.
Studio 60 was extremely expensive to make, and ratings were poor from the very beginning. But they gave Sorkin a contract that was strong enough that it would have cost them the same amount whether they shot all 22 episodes or not. They basically were required to send out the paychecks whether they filmed the episodes or not.
So they shot all of them and aired the last few in bad timeslots to a tiny audience.
If the strike had hit at this point of last season, force majeure would have let them cancel the show and get out of the expensive contract. It would have saved them millions, probably tens of millions.
But the benefit of FM to the studios shouldn't be overestimated, there probably isn't that much money to be saved (after all, they don't want to cancel contracts on talent they're happy with) and they're losing quite a bit of income from not having new content.
NBC has already started giving millions in refunds back to advertisers, and GE lowered their profit projections, citing the strike's effect on NBC specifically.
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Dec 13, 2007 3:26 PM
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