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The Cynical Mr. Cieply: The New York Times and the Writers' Strike: #4 Feb. 8th, 2008 @ 08:08 pm
Below is my detailed analysis of the latest from Michael Cieply, The New York Timesman in Hollywood. Michael Cieply is an anti-union, pro-management former producer for Sony. I have read close to 70 articles by Cieply, so far, and I feel that I know his world-view, inside and out. Michael Cieply's specialty is articulating the point-of-view of Hollywood deal-makers to other businessmen. He is a business writer who shows no interest in unions, labor history, or even the history of the Hollywood union movement. All that matters to the cynical Mr. Cieply is how Hollywood makes a deal and does business. Any group or person who gets in the way of "deal-making" Cieply considers an "outsider" and a wrecker, who does not deserve respect. This is true of all of his articles including the articles he has written on the industry in general. He hates writers and has always shown disdain for writers in his articles going back more than twenty years. Cieply is typical of a type of journalist who has been in the industry too long and once tried to get out only to find himself back at the journalist's desk. He looks at his old bosses through the yellow eyes of a jaundiced failure. He both envies the success of his old bosses, and hates those who are not successful. He defines success in the exact way that the Hollywood bosses proclaim success and failure. In short, Michael Cieply is a burnt-out case. The New York Times has once again shown its contempt for workers who organize into unions by assigning Michael Cieply to report on this strike.

As with some of Michael Cieply's previous articles you have to read between the lines to get the most important point. In this article, and in the one entitled Recent Moves by Guild Leaders Rattle Writers’ Talks Cieply takes the point of view of Moonves and Chernin successfully. In his articles he "reads the minds" of Moonves and Chernin in such a way that his anonymous sources could only come from people close to Moonves and Chernin. The headline of both of these articles should have been "CEO Negotiators Break Their Own Blackout Ban." But it was obvious from the beginning of the "informal" negotiations that this is what would happen. Unfortunately in closed door negotiations the advantage is always on the side of the status quo.

In the following The New York Times article by Michael Cipley is indented. I highlight the keywords and phrases that I think the reader should pay attention to. Sometimes I highlight in blue or green, instead of yellow, to emphasize special points. My commentary is in brackets and in bold.

Jerry Monaco

Rescuers Script a Possible Ending for a Strike

By MICHAEL CIEPLY

LOS ANGELES — With Hollywood writers on the brink of ending a three-month strike, they can thank this city's time-honored way of getting things done: connections.

[According to Cieply the strike came to an end because "connections" were made. It has nothing to do with the union or the unity of the WGA. It was "rescuers" who know how to "make deals" through "connections" and nothing else. As usual, Cieply shows no understanding of how strikes work, nor of how unions work.  He has is deliberately ignorant of how collective action may help people fight against the odds.  He is contemptuous of the very idea that solidarity bring about a settlement satisfactory to a union, so he must concentrate on the traditions of Hollywood, the tradition of back-room deals by powerful "insiders."]

Over the last two weeks, Laeta Kalogridis, a movie and TV writer and a founder of United Hollywood, a pro-union Web site, emerged as an unlikely peacemaker.

[Unlikely, why? Because she is a strike captain? Does the fact that you are a strong member of a union and that you believe in your union make you "an unlikely peacemaker"? Obviously, according to Cieply, it does. Does the fact that you might think that the business practices of the big corporations are in conflict with the interests of the workers in the industry make you "crazy" or against "peace"? Yes! According to Cieply, if you are a supporter of a union, or a founder of "a pro-union Web site" then you are not a peacemaker by definition.  You are a troublemaker, and thus you are unlikely to be a constructive "deal-maker."]

Working the phones and e-mail during her forced hiatus, she operated as a conduit between David J. Young, a militant leader of the guild, and Peter A. Chernin, the News Corporation president, who was similarly protective of company interests.

[Young is a "militant leader" and Chernin is "protective" of company interests. Union bad! Company good! Union wants battle! Company is protective mother! Ask yourself why Michael Cieply and the editors of the New York Times would never reverse this kind of phrasing? They would never allow a reporter to write: "David Young, who is protective of workers' interest" and "Peter Chernin who is a militant [ravenous?] corporate president". Why? Because it is impolite to imply that a head of a corporation is out to bleed his workers as much as possible and calling Chernin "protective" is just granting him the respect due to the powerful?  On the other hand, Cieply can label a union leader anything he likes because union leaders are obviously on the "other side" in the world view of the New York Times. Union leaders are always "outsiders" or enemies of peaceful industrial relations or troublemakers according to The New York Times and its anti-union hirelings. Only union leaders that don't fight for their members are regarded with condescending respect. ]

As Ms. Kalogridis joined those trying to resolve the dispute, players on both sides finally shifted ground, most importantly on the issue of new-media compensation. That cleared the way to a deal that will be reviewed by writers in meetings here and in New York on Saturday.

[The use of the word "players" is the key to Cieply's thinking. As usual he cannot conceive of a union that actually acts like a union. He can only conceive of "players" and "deal-makers." Because he himself is failed deal-maker he is a burnt-out case who can only look at the world through the sickly yellow eyes of the cynical confidence player.]

If all goes well, the boards of the Writers Guild of America West and the Writers Guild of America East could end the walkout as early as next week, allowing production of most television dramas and comedies to resume and tens of thousands of people to return to work.

[Never except during a strike do you hear so much lamenting from the business press about all the poor people out of work. When those same peopple are put out of work by layoffs and firings and "consolidation" and "redundancy, those unemployed millions are then talked about as people who should see reality for what it is. Corporations need profits and employing these people instead of firing them would just get in the way of rationalizing the economy. ]


The breakthrough occurred on what many writers regard as a make-or-break issue: Web streaming of TV shows after their initial broadcast, which they suspect will soon replace the reruns that have paid them tens of thousands of dollars an episode.

[When Cieply talks of the point of view of the Corporate bosses he is he not so circumspect. Never in their regard does he use contingent and point of view language. When talking about Chernin or any of the other corporate bosses it is always what they "say" or "do" or "produce", never what they "regard" or "believe" or "think." The reason I highlight this is so that a reader of the NYT will learn to read such articles like a literary critic or a philosopher.  The writers' and the union representatives in this strike are passive "subjects" and not active agents.  They have a "point-of-view" that  is never "true" or "false" or "objective"  but is merely something they "regard".  On the other hand, Cieply writes about the bosses and CEOs as if they are agents.  What they say can be objectively verified according to The New York Times invention of this strike story. ]

Under a compromise proposal, in the third year of their deal, writers would be paid 2 percent of the revenue. In the tentative contract that the Directors Guild of America agreed to last month, on which much of the prospective writers' settlement has been modeled, producers agreed to pay $1,334 for a first year's use, and a percentage afterward.

The arrangement offers bragging rights to writers, who can claim to have won what the entertainment conglomerates said they would never give: a residual based on their gross revenue from the Internet.

[According to Cieply also this is about -- an "arrangement" to save face; an offer that will let the writers "brag" that their strike was not in vain. The implication here is that writers didn't really win a damn thing, only a few cosmetic changes to make them feel better. The further implication is that you have to treat these workers in unions like children or else they will never do what they should do anyway.  Notice also that the writers have "claims" where as when CEOs are talked about they are treated as if their claims simply are "reality" itself.]

Representatives of the production companies and the writers' guilds continued their news blackout Thursday and declined to comment for this article, as did Ms. Kalogridis. But interviews with more than a dozen people involved in the possible settlement described a process so fragile that many still think that Saturday's meetings could derail it.

[ It is Saturday's meeting of the writers that might derail. And by implication it is those writers that have to be treated as if they were fragile pieces of glass. None of this has anything to do with the actual contract, actual work conditions, and actual settlement. Zeus forbid that Cieply might actually take the issues seriously. ]

As recently as last Friday, producers were preparing a "doomsday scenario," in which they were ready to declare that the talks had failed, opening the possibility of an extended strike. That the collapse was averted owed much to Ms. Kalogridis, and diplomacy that turned an icy standoff into the kind of hot-and-bothered bargaining in which Hollywood deals are forged.

[ 1) The people who head up the AMPTP talks do not actually have the job description of "producers." The people who actually fill the job description of producers are in the Producer's Guild of America. They have remained neutral in this strike. People such as Chernin, Iger, Moonves are not producers and produce nothing at all, neither in the strange Hollywood sense of the word where producer has a certain job description, nor in the common sense meaning of this word where producers actually make things. Chernin, Iger, et. al. are corporate heads, CEOs, corporate presidents. They are executives and not producers. The main negotiators in the AMPTP call their organization an organization of producers but it is in fact an organization of business employers. We live in a time where newspaper writers can't even call things by their right names and Cieply is no exception here.

2) Notice that the corporate bosses were ready to declare that the talks had failed. There is no implication that anyone but the union would be at fault in such a case. The corporate executives are poor innocent victims of union obstinacy or amateurism.

3) The usual condescension is thrown in about "hot-and-bothered bargaining." This is Cieply's "ideal" world, the world of Hollywood deal-making. In his mind there exist two "ideal worlds"; the world of Hollywood deal making and the world of normal business. Read 50 or 60 of Cieply's articles and this is what you come up with. There is business and there is weird business that occurs in Hollywood and everything else is a deviation not worth speaking about. Thus unions and people helping each other and ideas of solidarity and sticking together are all inconceivable in the world view of Michael Cieply. ]

As is often the case in Hollywood, an agent was an important link. Rick Rosen is a partner at the Endeavor agency, which represents Ms. Kalogridis. Mr. Rosen is also a lifelong friend of Mr. Chernin, who had opened informal talks with the writers — along with Robert A. Iger, chief executive of Walt Disney, and Leslie Moonves, chief executive of CBS — immediately after the directors announced their agreement on Jan. 17.

[ The superhero is the deal-maker so enter the agent. ]

Before those informal face-to-face meetings, Mr. Chernin had advised the union representatives to hire a seasoned Hollywood lawyer. If this effort did not work, Mr. Chernin and others feared, the stalemate could easily extend into the spring, when the writers' strike might well merge with one by the Screen Actors Guild, whose contract expires June 30.

[ Fatherly, Chernin, gives advice to those little writers who need help in making a deal. Fatherly Chernin was afraid that this temper tantrum of the writers might extend the strike. And then the unexplained kicker. It would be really bad if the writers' strike was merged with an actors' strike. Why? This is not explained. It is just assumed that the more powerful unions are the worse it is for "everybody". In this case everybody only includes people who count. Writers and actors and for that matter practically everybody doesn't count. Who counts? Stockholders, owners, other executives and of course profits and compensation for the big boys. Those are the things that count. It is assumed that nothing else is worth mentioning.]

But at a meeting two weeks ago, Patric M. Verrone, the West Coast writers' guild president; the chief negotiator, John Bowman; and Mr. Young did not bring in a deal maker. Instead, they spent much of the session catching up with points in the directors' deal, to the frustration of Mr. Iger and Mr. Chernin.

[ Cieply here and in the previous paragraph is fulfilling his function as spokesman for the bosses. Cieply seems to read Chernin's mind. He has read Chernin's mind in past articles also. He might be Chernin's messenger for all I know. That at least seems to be his function. More likely somebody close to Chernin is one of Cieply's anonymous sources breaking the blackout and feeding leaks to the bosses man at The New York Times. Maybe Cieply, the burnt-out case, hopes to bounce back into the business world as a Chernin man.

Those stupid writer's. They are silly that they might not want a "deal maker" who usually sides with the bosses anyway. They are also very silly in actually taking a look at the directors' deal. Don't they know that they are just supposed to accept it as a template for their deal without asking questions? Everything else is pro-forma. Even acctually knowing what is in the directors' deal is not necessary. An explanation is due here. The DGA deal was only a sketch two weeks ago. It was not known in detail. If the deal was going to be used as a template it was necessary to know what Chernin and the CEOs thought the deal was about. If you are going to have a meeting of minds over a contract it is necessary, on an elementary level to know what the other side thinks is in the contract. Even if one side understands the deal there can be no mutual understanding on a deal unless you know what the other side thinks of the same deal.

Of course, what I have just said about the mutual meetings of the mind is only true in a deal between equals. But it seems, if Cieply's mind reading powers are correct, that Chernin was annoyed about the assumption of "bargaining between equals." There is not supposed to be a meeting of minds here. The writers' are simply supposed to accept the directors' deal without question and move on to see what face-saving deals that Cherin will deign to give the writers.]

Mr. Rosen — who, according to biographical sources, grew up in Harrison, N.Y., as did Mr. Chernin — was among several Hollywood insiders who stepped forward at that point. They lobbied executives and writers to make a deal. Mr. Young had at first resisted the push for outside help, but agreed to bring in Alan Wertheimer, a high-powered lawyer whose clients have included Ron Bass and Tom Schulman, both members of the guild's board.

[Again Cieply gives everything to pragmatic deal-makers.]

As the talks resumed, the participants began to compromise. Notably, Mr. Verrone — an architect of the tough stance taken by the guild from the outset — appeared to step back somewhat after the union dropped a pet demand of his, for jurisdiction over animation and reality-television writers.

["Pet demand." This demand has nothing to do with organizing the unorganized, people who wanted to join the WGA but were fired by union busting by companies Organizing the unorganized in animation and reality television is just a pet demand of Mr. Verrone's. And after that was gone he "stepped back." Not a serious boy, obviously. ]

In the meantime, Mr. Bowman, a well-heeled television writer, became more assertive.

[ The silk-suited CEOs are never called well-healed because it is obvious that they make 45 million dollars are year and should make this much money. And the fact that Bowman is "well-heeled" makes him a potential "insider" and being an "insider" is all important to Mr. Cieply, the man who always wanted to be an insider but failed.]

Mr. Bowman's emergence as an independent voice had long been sought by company representatives, who surmised even before the strike began that he would be a more flexible bargainer than Mr. Verrone and Mr. Young. But that would happen only if he were edged away from the guild president, a friend with whom he attended Harvard in the early 1980s.

The empowerment of Mr. Bowman was rooted in a brewing rebellion on the guild negotiating committee, where a rump group feared that a longer strike could lead to a split in the union. Some committee members began asking if Mr. Young, a longtime blue-collar labor organizer who had never settled a major entertainment contract, should be ousted from his leadership role. At the same time, they privately urged growing dissident groups within the guild to sit tight.

[ All of this is largely Cieply's fantasy of how a union works. A good union is a democratic organization. Unlike corporations which have bosses good unions actually have to listen to people. What ever the relationship between Verrone, Young, and Bowman, it is not the relationship that is part of Cieply's mind reading fantasy via the corporate bosses. Even friends argue and everyone knew from the beginning that a deal including animation and reality would be the toughest nut. ]

Even as Mr. Bowman became more vocal, Mr. Young was listening closely to Ms. Kalogridis, who had become a guild confidante. Described by associates as vibrant and impassioned, Ms. Kalogridis — whose credits include the "Bionic Woman" television series — had joined with a half dozen associates to make their United Hollywood site (unitedhollywood.blogspot.com) a rallying spot for striking writers. As recently as last week, the Web site shook the continuing talks by posting a strong critique of the directors' deal by Phil Alden Robinson, the writer and director of "Field of Dreams" and a board member.

[United Hollywood is the website of the strike captains. It is the elementary duty of a reporter for a major newspaper to know what he is talking about and to report on it. Cieply fails in this area as he has often failed. Either he doesn't know or doesn't care or considers the fact irrelevant but United Hollywood is the website of the strike captains. Cieply has never once reported this elementary fact. Not once. This is significant because these are the people who are the people actually getting people out on the (very well-peopled) picket lines. These are the men and women closest to the membership and talk to them everyday and report back to the leadership. They are a conduit from the leadership to the union leadership and vice-versa. They have been very open. They have thought openly, they fought openly, disagreed openly, and debated openly. This openness is incomprehensible to an anti-union pro-deal-maker and pro-management sort such as Michael Cieply. The very idea of open debate and disagreement looks silly to him. His contempt for union democracy drips from everything he has written. But United Hollywood has been more than this. It has been exemplary of new ways for unions to get the news out to the membership, of grass roots discussion and an example of uniting the rank-and-file through debate. By the way Cieply has mentioned United Hollywood disparagingly in the past. But this is the first time he has given the websites' URL. ]

Ms. Kalogridis and her friends, in fact, had become a pipeline to the guild members holding out for sizable gains, whose support would be needed if any deal was to be reached. And she, like Mr. Bowman, had become convinced that the current round of talks must not be allowed to fail.

Perhaps more important, Mr. Young came to share that conviction. On the company side, Mr. Iger and Mr. Moonves, as well as Barry Meyer, chief executive of Warner Brothers, appeared to coalesce around the same view. Meanwhile, Mr. Chernin, who left for London in the middle of the talks but was never out of touch, hung tough on the final point: the writers' demand that companies should pay a percentage, not a flat fee, for Internet streams.

Officials of the directors' guild had already signaled that they would not object if the writers appeared to one-up them on that matter. They reasoned that writers would need to show some gain from their strike, and concluded that actual income from the Internet would remain so small in the next three years, that a percentage payment in 2010 was likely to yield little.

Mr. Young put together the ultimate compromise — a flat fee for part of the contract's life, a percentage during the rest. Ms. Kalogridis, late last week, then found herself in the thick of a bargaining process that eventually won a handshake on the point. She stressed to Mr. Rosen and others that guild members would never approve a deal that did not have a percentage payment for Web streams. Mr. Rosen became an advocate with Mr. Chernin. Mr. Chernin, at one point, invited Ms. Kalogridis to communicate with him directly. And shortly afterward, he signed off.


The New York Times and the Writers' Strike: Part 2 - General Reflections Jan. 22nd, 2008 @ 04:12 pm
The New York Times, Unions and the WGA: Part Two
Part One of this post How Weird is The New York Times?: NYT Assigns Former Producer to Cover the WGA

In one respect the writers' strike is unusual for The New York Times; "the paper of record" has been printing frequent, if not substantive, articles on the strike and the strike leaders. If this were any other strike by a union of comparative size we would have been privileged to receive three or four reports on the course and consequences of the strike, no more. But this is a Hollywood and New York Strike, effecting the very industry that The New York Times is close to, so we are cursed with a surplus of riches. Instead of three or four generally pro-industry articles from The Times we get a dozen and more.

This strike is unusual for The Times in another way; it has a regular reporter assigned to the strike beat. Michael Cieply is the reporter's name and he is an old hand at his job, who did a stint as a producer for Sony, which is of course one of the companies that is opposing the WGA. As noted earlier it treads close to an ethical line to assign a reporter to cover a strike who was once worked as a "producer" for one of the companies being struck. But more on Mr. Cieply later. I want to emphasize that this note is not about Michael Cieply or any other single reporter. He is only important here to the extent that he is the usual New York Times filter through which flows "all the news that is fit to print." He would not be in the position he has obtained if he were not able to articulate the usual anti-union world-view of the business leaders.

The coverage by The Times of the writers' strike has followed the usual pattern of corporate media coverage of union politics. The major media rarely covers strikes or the labor movement without marginalizing the union leaders involved, and trying its best to isolate the strikers from the rest of society. The New York Times treats unions and their leaders with the same template that they treat third world countries and their leaders. Union leaders are presented as either incompetent, unrealistic, or criminals. These leaders may be radical or moderate or pragmatic depending on whether they are helping the business classes or pursuing an independent course. Strikers are made to fall into at least one of three categories. They are either; (1) too uneducated or limited in their view to realize their own best interests and therefore marching toward mirages when they strike; or (2) coddled and lazy workers looking to extend their undeserved privileges; or (3) violent thugs who only have themselves to blame when respectable society cracks down on them.

The New York Times is our preeminent liberal newspaper and they will not be caught out advocating iron-fisted union busting; such a stance wold alienate their liberal middle class readership. So given the above three categories the next move of Times strike coverage is to find inside the union the true voice of the rank and file. They will find or invent a clique of union members who represent the mature leaders and pragmatic union leaders, or the union leaders who are realistic about the need to rationalize an industry and throw off dead weight, or the union leaders who are responsible and law abiding.

Reduced to its essentials the coverage of strikes by The New York Times is not much different than the kind of coverage we receive from the Murdoch owned New York Post. If either deigns to cover a strike we mostly see the strike from the point of view of "the innocent bystander" (consumers, non-striking workers who have lost their jobs, the investor), the business leader, or the union dissident. The main difference between The Times and The Post is that The Times tries to articulate the views of that section of the business class that wants "labor peace" for the long run and the Post just says what it is for, straight out with-out grace notes or business facts. The Post will simply call strikers clowns, rats, or thugs where the Times will condescend in the kind of Times-speak it usually reserves when covering a Third World country and the "underclass." Thus there is a sense in Times' strike coverage that strikers are somehow like children -- they are out of their depth in the real world; they are crying over their loss of the warm spot; or they are acting out of misplace nostalgia for a time of union militancy and socialist dreams. Besides all that, strikers, unlike respectable businessmen, argue among themselves and are mired in dissension. Occasionally, the mask of middle-class liberalism drops and strikers are told to get in line or get crushed.

In the above the reader will find the usual contours of newspaper coverage of unions and strikes. So it must be understood that when I dissect the Times' treatment of the writers' strike I am not claiming that the WGA leadership or the writers on strike are being treated worse than other groups in the labor movement. They are being treated about the same. Any quirks in treatment mostly have to do with accidental circumstances and the fact that we are, after all, dealing with an industry of celebrities.

The latest examples of anti-union reporting of the writers' strike follow a familiar pattern with a few twists. The New York Times, The Los Angeles Times, Variety, and The Hollywood Reporter are the major papers to look at when considering the WGA strike. (As usual The Wall Street Journal is an exception that would have to be dealt with on its own. Its coverage has been bluntly and honestly anti-union but without the usual cliché assumptions.) All of them have taken the exact same line from the beginning of the strike. Stated simply their line is as follows: The leadership of the WGA is unrealistic. The WGA leaders are amateurs who have lost touch with reality. The WGA leaders have a personal "ideological agenda", that can only hurt the industry.*

What all of these newspapers harp on again and again is dissent within the WGA. They look for it everywhere and in every article. When one prominent writer decided to scab on the strike he was given full, and repeated coverage. (One would think that he was not an individual but an army.) There are rumors that "A-list" screenwriters have broken ranks with the WGA, but none are named and none have come forward. In short, all four newspapers have invented a dissident faction of the WGA that is ready to break into the open and bring the current leadership down..

Thus you get headlines such as the following:

Writers’ Strike Tests the Mettle of 2 Outsiders By MICHAEL CIEPLY (Published January 19, 2008, The New York Times)

In Writers Strike, Signs of Internal Discontent Over Tactics By MICHAEL CIEPLY, (January 11, 2008, The New York Times)

Directors' Deal Could Split Striking Writers By Carl DiOrio (A Reuters piece, Published January 17, 2008, in The New York Times but also picked up by The Hollywood Reporter, The Washington Post, ABC.net, and a number of other newspapers. With the aid of google I looked around a bit and of the Reuters stories on the WGA picked up by other news venues this is the most popular.)

What is the real news of this strike? It is the unusual unity so far of the writers. I have rarely seen a strike where the workers turn up at the picket line in high numbers three months after the strike has begun. Picket lines often dwindle to 5 or 10 people this long into a strike. At the most recent picket line I went to at Viacom near Times Square in New York City I heard lively political debate and economic analysis. I heard debate over strategy and there was high level of consciousness of what this strike is about. And there were more than 200 people on the picket line.

What is The New York Times and Cieply's explanation for all of this? Perhaps it is the "Woodstock atmosphere" on the picket lines.

In the 1980s, when I was part of the Central American solidarity movement the Times would dismiss every large protest as "reminiscent of the sixties." The idea was that "those people" who are concerned with the lives of people in distant lands were motivated by nostalgia and we should ignore them. Cieply uses similar rhetoric in his analysis of the WGA strikers. He uses (sometimes weird) variations of oft' repeated anti-union clichés. Some of these cliches I noted in a previous post where I stated, "If ... picket lines are old fashion sorts of affairs that people won't cross, they blame unions for being thugs. If picket lines largely act as a moral reminder that people should stick together for the good of all who work, then the picketers are called cry-babies or people who are not serious." In this Cieply simply echoes the propaganda of the AMPTP. Early on the conglomerate mouthpieces complained of the "alternating mix of personal attacks and picket line frivolity" referring to "the WGA's continuing series of concerts, rallies, mock exorcisms, pencil-drops and Star Trek-themed gatherings."

Such complaints are clichés that seasoned union veterans have come to expect from The New York Times -- strikers are petulant children, or misguided idealists, or ideologically motivated reds, or thuggish criminals.


* Footnote: The ideological agenda of the WGA leaders is never defined precisely, but the phrase is used to refer to the goal of the WGA leadership to organize the unorganized and to maintain union solidarity. If this is "an ideological agenda" then the whole idea of having a union, and believing in worker solidarity and collective action has to be considered "an ideological agenda." The phrase "ideological agenda," which The New York Times has repeated uncritically is a code phrase for "these guys are "reds". One should expect old fashion red-bating every now and then. But in this case it hides something far more sinister. The idea that "organizing the unorganized" among Hollywood writers is itself an ideological agenda should signal to all unions that the conglomerates no longer intend to let unions expand within the movie and media industries. If other Hollywood unions listen carefully they would hear a union busting agenda from the multinational corporations now running things in Hollywood.


22 January 2008
New York City



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Anti-Union Cliches: A clearly written example of self-contradiction Jan. 18th, 2008 @ 03:42 pm
I usually don't reply to posts such as the one below. But the writer at The Word Wrangler in his weblog entry, Why I Don’t Support the Writer’s Strike, states his position so clearly that it is easy to see through the usual cliches. There is the usual cliche that somehow joining a union is a way to get around "personal responsibility". There is the cliche that we live in a competitive market, on a level playing field and all you have to do is go out and create your own business to compete with the corporations.

On the other hand there is the usual fatalistic notion that people shouldn't cooperate to change their situation. The corporations set the rules and all you can do is follow their rules or go out and create similar rules that others follow. The Word Wrangler writes in his post , "For those that think they’re getting screwed by the corporations - which they probably are - go off on your own. Start your own company. Make your own future instead of crying about your present." Basically, this reduces to the following choice, "Screw or get screwed," either get exploited or do some exploiting yourself. There is no perspective that the basic situation might be changed, or at least made better for those who come after. ( Another possibility of course is that you will hope that your business will be somehow "different." Many have tried, through cooperatives, share-alike business organizations, etc. These forms are good, but unfortunately in our society very unstable.)

There is also the usual silliness, and yes it is silliness, that people that are out on strike, fighting for themselves and others are somehow "cry babies." Having known people who have gotten beaten up by company goons while on picket-lines, I find it kind of childish that a person compares a picket line "to a child holding his breath until he gets what he wants." Union haters are mired in self-contradiction, in this respect. If the picket lines are old fashion sorts of affairs that people won't cross, they blame unions for being thugs. If picket lines largely act as a moral reminder that people should stick together for the good of all who work, then the picketers are called cry-babies or people who are not serious. The conglomerates have said this about the current WGA picketers over and over again. The anti-union types will often go back and forth between these two complaints depending on the strike and the type of picket line.

I use the above phrase "anti-union type" gingerly, but I don't want to be too mean to The Word Wrangler because it seems to me that he doesn't see that his cliches are such and are in many ways self-contradictory. He writes clearly, and not like a hardened intellectual who can hide the contradictions in his thought. For this precise reason his expressions are useful.

So after this post I reply at length: (Note: I left a shorter and non-proofread version of my reply at The Word Wrangler. Word Wrangler replied very politely.


Why I Don’t Support the Writer’s Strike
Posted in January 18th, 2008
by The Word Wrangler in Rant

I’ve been avoiding talking about the writer’s strike for a couple of reasons. The first one being that I don’t support strikes, nor do I support unions. The second one is that I believe that people should take responsibility for their own lives. If you think you’re getting a raw deal at your job, then change jobs. Change careers if you want. But don’t stand around with a sign on a picket line, which is the adult equivalent of a child holding his breath until he gets what he wants.

Anne Wayman from the Golden Pencil posted a link to a piece on the Writer’s Resource Center giving three reasons to support the strike.

So I’m giving my reasons why I don’t support the strike.

The rules are set by the corporations - If I went to work at Marvel Comics as a writer or artist, I know going in that the company is pretty much going to own whatever it is I create. If I create the next Superman - and Marvel makes millions of dollars in TV, toys, movies and comic books - chances are I’m still going to be compensated based on our original agreement with Marvel coming out on top. And Marvel certainly isn’t going to give me the rights to the character that’s earning them that much scratch. I know this going in. If I don’t want to play by those rules, I can choose not to.

It’s their game so don’t whine about it when you come out on the bottom of a deal.

Personal responsibility - I admit that I lean pretty far to the conservative side of the political spectrum. My father is a no-nonsense guy and an extremely hard worker. He always preached about controlling your own destiny instead of it controlling you. Make choices - both good and bad - and live with the consequences. And if you’re in a situation you don’t like, pull yourself up out of it and move on.

I realize we live in a society that doesn’t like to hear that. We don’t want to work hard for what we want. We think we’re entitled to everything and when we don’t get it, we whine. We think the companies we work for owe us all. Well, I got news for y’all, it ain’t like that.

For those that think they’re getting screwed by the corporations - which they probably are - go off on your own. Start your own company. Make your own future instead of crying about your present.

The marketplace has changed drastically over the past decade. There are more opportunities than ever for creative people to get noticed, make money AND keep the rights to their material than ever before.

Instead of trying to change someone else’s rules, why not just go and make up your own?



Word Wrangler,

We have so little common ground between us, that a discussion between us would probably be difficult. But because you state your view so clearly it is also easy to see the alternatives that you leave out.

You say that there are a couple of reasons you don't support the WGA strike: "The first one being that I don’t support strikes, nor do I support unions. The second one is that I believe that people should take responsibility for their own lives."

You state this right out without giving reasons. You also seem to connect "personal responsibility" and being anti-union. Later you say that corporations set the rules. So let me ask you the following questions.

1) What is a corporation but a state-sanctioned and legally protected union of investors and owners? Why do you support the kind of union of owners that is a corporation, but not a union of employees? The business institution we call a corporation was not created whole cloth and neither is it a "natural phenomena" that has always been with us. In your post you in effect assume that both of these situations are true, both that corporations suddenly appeared as arbitrary institutions and that they are natural phenomena that no one can change. The rules are the rules. But corporations were created through heavy state intervention and enabled by laws created by lawyers and judges. Why should you support laws and state-intervention to enable corporations but be opposed to people getting together in unions? My suspicion is that you believe in corporations and not unions because the business institutions are the dominant form in our country and as John Dewey said, business is simply the political air we breath.

So this is the first contradiction that I find in your post: You are in favor of unions of owners and investors, corporations that are the height of the lack of personal responsibility because this lack of personal responsibility is encoded in the law under the guise of "limited liability." But you are opposed to cooperation between employees in collective bargaining.

2) If people cooperate with each other to get things done, do you consider this something that is counter to "personal responsibility"? Why shouldn't employees cooperate to bargain with their employer? Why shouldn't employees try to improve the work situation that they are in? Why is cooperating with others to improve your situation, or the situation of your industry, somehow an abnegation of personal responsibility? I don't really understand how personal responsibility and cooperation with others contradict each other. In fact, I consider the idea that "personal responsibility" and self-help through cooperation with others are mutually exclusive another example of how you fall into self-contradiction.

3) You state "the rules are set by corporations", as if this is something we should just accept. (Are you always advocating the same kind of acceptance? A slave says: "The rules are set by slave owners. Accept it.") What rules are you talking about in this case?

Well, in the next breath you speak of copyright rules. You point out correctly that the people who created Superman for Marvel DC comics were little compensated for their creativity. The Marvel DC company made millions and the creators made very little. Then you say that writers can choose not to cooperate with the company or go do something else. In the case of the actual creators of Superman and others of that generation [from what my friends tell me of their lives] this was not exactly much of a choice. They could have been accuntants, lawyers and doctors instead but they chose to be creative. In their case, and in many cases, doing something else usually means simply giving up on their own creative ideas. 

Maybe in giving up on working with a corporation that can help to distribute your creations you will have other ideas, or maybe you will just put all ideas in a drawer. I have known many poets, some of the with money and jobs and some of them living catch as catch can.  But I have rarely met a poet with business sense.  The same is true of many artists.  Why should we construct a scoiety where the only people who have decent lives ar those that run their own businesses? Are these the only choices you wish to offer?  Why isn't participating in a union also a choice? 

Why not expand your choices through trying to cooperate with others in changing the rules to a system that would be better for workers and creators? Corporations changed the rules because they cooperated with investors and hired lawyers and twisted the arms of judges and bought politicians to get the copyright laws that favor them and not the creators. One reason why writers need a union is so they can get together and higher people who are expert in bargaining and twisting arms of judges and lobbying to get copyright laws favorable to individuals. There was nothing inevitable about the copyright rules we have now. Why shouldn't they be changed by us all in favor of the creator. I look at this as a minimal reform.

Still, it is not quite true to say that these rules were set by corporations. The rules for copyright were set, not by corporations, but by Congress as enabled by the U.S. constitution. These rules of copyright are a state-granted monopoly for a limited amount of time (supposedly "limited", but not if Disney keeps getting its way) giving the creator use and disposal of the creative work. There is nothing natural or inevitable about these rules and what is certain is that the founders of our country only envisioned patents and copyrights being owned by individual people and not by corporations. The idea that fictional people (corporations) could own fictional property (copyright and patents) is a very recent phenomena in history. It is a recent phenomena that we allowed to happen because we have neglected the public domain and allowed corporations and states to run rough-shod over (in this case) individual rights. The reason this phenomena came about in the first place was through acts of judicial activism, i.e. supreme court decisions argued by corporate lawyers in the late 19th Century and early 20th Century. The situation where most writers don't control their own copyrights was only codified in law by congress in the 1970s. And it was only through lobbying by corporations to pass new copyright laws that we are in the current mess we are in.

So once again back to unions. If creators of songs, stories, movies, and comic books had as much bargaining power as corporations in the early part of the 20th century the situation would have been different. In other words, back then the best way to protect individual rights would have been through forming a union or some sort of cooperative organization to save individual control of copyright. Later in the century if individuals had as much political influence over congress as rent-seeking businesses, "for hire" ownership of copyright would never have come about.

Personally, I think that it is the epitome of personal responsibility to risk some of one's own personal comfort to form collective organizations to cooperate to make better rules in this part of the world

Jerry Monaco

P.S. Word Wrangler's reply:

The Word Wrangler said,
in January 18th, 2008 at 12:53 pm

Thanks for the comment Jerry. First, let me start out by stating that I don’t have the level of education regarding copyrights and their history that you do, so I really can’t address that issue.

One question you asked was: “Why is cooperating with others to improve your situation or the situation of your industry somehow an abnegation of personal responsibility?”

The answer is: It isn’t.

I’ll go back to my Marvel Comics example. Back in the 90s, when comics were hot, there were a few very talented creators who worked either for Marvel or DC. These creators became sick of the ‘work for hire’ business practices at the big corporations and - rather than forming a union, striking or picketing - they went off and formed their own company Image Comics.

Image’s business model was based on the notion that creators could publish under the Image umbrella, but still retain all rights to their characters and maintain independent studios.

That’s a good example of people cooperating to change the way business works. Image became so successful that Marvel and DC started treating their talent better because they didn’t want them going off on their own.

Instead of trying to hold a company hostage in order to get what they wanted, they went out and got what they wanted on their own. They changed the rules by making their own rules.

The world is changing in such a way that offers global opportunities for creators. I think we’re moving towards a time where creative types won’t need unions or corporations to find success. And I think that’s in everyone’s best interest.



My reply to this was to say was that a cooperative model for creative writers and a union of employees are not mutually exclusive. (You can read my full comment at The Word Wrangler's site.) 

Postscript: Because of the WGA strike I have read comments by Brian K. Vaughan who believes that the comic book industry would be much better if the comic book creators had a decent union. 

This brings up another subject -- the issue of industry customs and standards.  The reason that companies that make movies and comic books in general control the copyrights of the creative workers is a matter of industry custom and standards. 

Consider the following: 

In the industries that were created before modern copyright existed the creators have substantial control of their copyrights.  In many of the industries created in the 20th Century  creators lost control of their copyrights.  This was mainly because of economic "power",  and the rise of vast networks of distribution.   Historically, if a creator did not have access to the networks of distribution, which were usually held as oligopolies by three or four companies, then the creator lost control of the uses and reuses of his creation.  

The division between creative workers and ownership was especially true in industries where several creators worked on one product.  More often than not the company would try to maintain a high-level of competition between creators and category of creators.  Thus in the movie business editors were set against directors, set designers against the wardrobe designer, wardrobe designers against make-up artists, writers against directors and unit producers, and directors were set against every one.  It was precisely such situations that unions were meant to resolve.  Unfortunately, because of manipulation by the bosses and defeats on the line the unions often exacerbated this situation.  All of this is part of a longer story....  

Jerry Monaco

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