Settling the Screen Actors Guild Dispute: A Proposal

The Screen Actor’s Guild is on the verge a strike, much like the writers last year. At issue is the amount of compensation actors receive from digital/internet medium revenues collected by the studios. Standard contracts were written before the internet was a mass medium and the actors want the terms adjusted. They feel the studios earn an unfair percentage of these revenues. It’s not an unreasonable request and both sides should address it quickly and resolve it without a work stoppage if at all possible. Although there is not much money coming in right now from the digital world, it will likely grow and so the actors are trying to get ahead of the curve.

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A unique opportunity for partnership

Instead of dividing the spoils, I ask both sides to stop and consider a completely different path. One that looks out at the horizon and nurtures both talent and audiences for decades to come. Here’s my proposed solution.

  • Negotiate the digital performance rate that is fair for both sides
  • Begin tracking the new rate at an agreed upon time (June 1, 2009 for instance)
  • Place the incremental funds into a holding/investment account (not run by Bernie Madoff)
  • Use this money to fund an emerging film artist education program
  • Establish a panel of members made up of studio personnel and actors to set guidelines and award the funds
  • All the funds would go to supporting this new program
  • At the end of 3 years, 50% of the incremental revenues would then begin going to the actors
  • At the end of 6 years, the program would be dissolved and 100% of the royalties would then be awarded to the actors ongoing

Like so many things we face right now, it’s an opportunity to completely reshape the industry for the future. Schools and universities are struggling to keep art programs alive as funding becomes more difficult in this economic environment. Keeping young people interested in acting and film is incredibly important for the future and health of the industry. This new source of money could establish serious filmmaking and acting programs at the high school level, something I think is non existent right now. It could also help prop up college departments as well as inject new energy into local civic programs. The discretionary time consumers have is steadily moving away from viewing films and more to other forms of entertainment.

I would suggest a focus on dramatic acting and more classic filmmaking, moving away from video game vehicles and more toward the golden age of cinema we saw in the 1970’s and is rapidly fading away as a genre of movies.

I call on the Screen Actors Guild and the Hollywood Studios to seize on this opportunity to enrich the future of the entire industry. It’s a long term view, something I believe we need a lot more of these days.

Under the Same Moon – Film Review

Patricia Riggen’s Under the Same Moon is a sweet and surprisingly powerful film that disguises a complex study of Mexican immigration within a simple story of a mother’s love for her son.

Rosario (Kate Del Castillo) is a young mother without a husband. She crossed the boarder four years earlier and lives in Los Angeles in search of a better life. Rosario left behind her now nine year old son Carlos, also know as Carlitos (Adrian Alonso), who is being cared for by his sick grandmother. There is a weekly phone call from Rosario to Carlos Sundays at 10 am. This is their opportunity to converse about the mundane as well as more serious issues in their lives. Carlos has never met his father and never sees his mother. He is bright and sensitive and begins to get the feeling that his mother may not return or send for him. Their conversations are heart-wrenching for Rosario, as her son keeps asking her when they will see each other again. He makes her describe in great detail the location of the phone booth and what surrounds it. This visual device proves crucial to the story.

Carlos works for a seasoned businesswoman, Dona Carmen (Carmen Salinas) who arranges border crossings. This is how he meets a young brother (Jesse Garcia) and sister (America Ferrera) who are legal U.S. citizens, and want to earn money for eduction by smuggling babies to the U.S. Their offer is rejected by Ms. Carmen on the grounds of their inexperience. Carlos saves his money from the job as well as money his mother sends each month

The film keeps a brisk pace cross-cutting between Rosario in LA and Carlos in Mexico. But most of the plot turns are predictable. There are no surprises on how the characters act or change as the story advances. All pretty stock. As expected, the grandmother dies and Carlos decides to cross the border to find his mother in LA. He connects with the brother and sister and hires them to smuggle him into the U.S. His goal is to get there before the usual Sunday call, so she won’t worry that he doesn’t answer the phone.

Along the way he crosses paths with the usual suspects. A junkie tries to sell him for a fix, but many characters turn out to be good Samaritans for Carlos as well as Rosario. Eventually Carlos and Enrique (Eugenio Derbez), a gruff illegal, are thrown together. They develop a love-hate relationship that carries through the rest of the picture. During a short stay in Tucson, Enrique helps Carlos meet his father. The scene with his father, Oscar, is ineffective and seems to have been only inserted to get Enrique and Carlos onto a bus to LA. It’s probably the only wrong turn in the film.

Pics strength can be found in the performances. The players that have not yet made it have edges they keep razor sharp. The characters that are established in the U.S. are calm and steady. It’s this contrast that gives the film energy and hope. Kate Del Castillo is excellent in her portrayal of the mother who is determined to succeed, but is overcome by the emotional longing for her son. So much so she almost makes a huge error. Adrian Alonso is bright and tough, a natural on screen, and the catalyst for everyone around him. Supporting cast performances on both sides of the border are solid.

There is effective use of native music as well as talk radio that provides the undercurrent of the realities of Mexicans trying to understand where they are positioned in the American caste system. It’s a difficult and trying topic. Ms. Riggen’s camera is fluid and she passes it across a collection of visual clues that ties everything together in the end. Effective editing can also be credited for breathing life into a solid and inspirational script by Ligiah Villalobos.

Director Patricia Riggen and Adrian Alonso on the set

Under the Same Moon (subtitled) is a wonderful break from the Hollywood fare we are bombarded with week after week. It tackles a real issue and is successful in humanizing the suffering connected with it. Recommended. Visit the official web site here.

Photos: Fox Searchlight Pictures

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Academy Splits Oscar into 13 Pieces

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Photo Credit: The New York Times

The 80th annual Academy Awards ceremony aired last night, hosted for the second time by Jon Stewart. It was more informal and well down on the energy scale than in years past. Mr. Stewart did a great job at bringing his signature lines and delivery to the telecast, while being mindful to not step over the line. But the shows’ planners may have over-prepared for the potential of having to go on without the writers, then decided to keep it all in the show. There were many more prerecorded clips of past Oscar moments than usual. Oddly enough, I liked seeing most of them having always felt the writing, especially for the presenters, was trite and and not in keeping with the sophistication of the night. But they either went by too quickly, or were repeated too often. I think I saw Cher accepting her Moonstruck award three times! Note to the Academy. Here’s a new best practice. Don’t let the writers write so much. Less writing = shorter telecast.

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Joel and Ethan Coen Photo Credit: The New York Times

No film dominated, as the awards were handed out quite evenly across the board. Looking back at the year, that felt right to me. My personal favorite No Country for old Men, won the three big ones; picture (Scott Rudin producer), director and adapted screenplay (both by Joel and Ethan Coen). The film had only one actor nomination and won it. Javier Bardem’s supporting role in his portrayal of Anton Chigurh. Not a character you ever want to encounter, friend-O.

Rounding out the other acting awards were, Daniel-Day Lewis in There Will Be Blood (no brainer), Tilda Swinton in Michael Clayton (somewhat of a surprise) and Marion Cotillard in La Vie en Rose (the long shot comes in).

The Bourne Ultimatum won three technical awards (editing, sound editing and sound mixing), while There Will be Blood snagged the cinematography statue (Robert Elswit). Juno took the Oscar for original screenplay (Diablo Cody). Atonement walked away with only one, original score. Best song went to Glen Hansard and Marketa Irglova for Falling Slowly from the film Once (the Menken/Schwartz days may be over).

A good, not great year for film. The same can be said for the awards show.

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Directors Settle on New Media, Sets Script for Writers

I’m a little nervous. The Writers Guild of America has been on strike for over two months. If it goes much longer the studios will be shooting their version of Fear Factor for the big screen, and I won’t get my fall film fix. By the way, Television has become even more of a wasteland (if that’s possible), but who cares. Make it all stop!

The Writers want a cut of the digital rights wealth currently being horded by the moguls. Don’t you just love the juxtaposition? An old school Union technique being played by the Writers to force the hands of the studios and networks over New Media. You couldn’t write this stuff.

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My father was a Union member, and as a child I can recall when he once went out on what’s known as a Wildcat Strike. It was tough. Walking picket lines in the Midwest in January is a little harder than doing it in LA. There were nights we didn’t eat, and once my dad took me down to the picket line. There were fights with those who crossed the line, and a family closeness between those who stuck it out in the trenches. The Writers have tried this in the past and quickly folded. But this time they have got some moxie. Good for them.

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But it may have just gotten a little tougher for the Writers as the Directors Guild of America reached a 3 year deal with the AMPTP. The moguls obviously knew that it would be really bad to have the Directors strike while the Writers were already on the picket line. In only six days of talks the two sides closed a deal. Here are highlights of the settlement.

  • Royalties will be paid to the Directors based on grosses vs. earnings
  • The DGA will have some say over Internet productions
  • Internet download residual rates will double and include ads and clips displayed online

Get the facts direct from the DGA here.

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Griffin Mill actually killed a writer, and Larry Levi felt he really didn’t need them. No one wants it to end up like that. So Writers. Act now. Get down to business and close this thing. We want our Fall 2008 film slate without fatalities.

Hollywood Movies Rest In Peace, Long Live Film

Theatrical box office ticket sales for 2007 were slightly up (4%) over the previous year, but attendance was not. Hollywood is still addicted to the franchise sequel formula, which gets riskier with each year and will eventually wear thin. The box office winner was Spider-Man 3, followed by Shrek the Third, both of which produced healthy ticket sales even as a third installment in a series. Rounding out the top ten were, Transformers, Pirates of the Caribbean: At World’s End, Harry Potter and the Order of the Phoenix, The Bourne Ultimatum, I Am Legend, 300, Ratatouille and The Simpsons Movie. Clearly Americans love fantasy/science fiction stories, with animated feature length movies having earned their place along side live action pictures some time ago. With so many tickets being sold on sequels, audiences seem to prefer familiar characters.

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Source: Media by Numbers Chart: The New York Times

But the high water mark for ticket sales in a single year was back in 2002. Why has Hollywood been unable to grow their market share? Certainly we know there is competition for leisure time, particularly among the young. A significant amount of time is being soaked up by online usage. Each year more and more resource is being poured into an ever-shrinking number of pictures. The stakes get higher and higher for fewer and fewer films. Marketing budgets are huge now and are boosted even further by support from campaigns launched by secondary products, such as books, toys and video games. The studios are also pouring millions into stand alone Internet sites to promote film releases. The viral components of these interactive sites are beginning to crack open a new marketing avenue, which should help.

Hollywood shoulders most of the blame, but the exhibitors are also at fault, as the overall show going experience has deteriorated over time. When you enter a multiplex (no longer called a theater) you are immediately bombarded by repackaged television promotions and product commercials. Then there is the parade of public service announcements. Pleas for the audience to silence their cell phones and leave the talking to the actors. That’s how far we’ve veered from a respectful theatrical experience. No one takes watching movies seriously. It’s become like television. Acceptable to answer the phone, talk, get up to get snacks, etc. I long for the day when exhibitors publish the actual movie start time, so I can calculate my entrance accordingly. Generally I am fine with trailers, but those have become formulaic as well (will save that for another post). Compare what I just described to the pre-event atmosphere you find while waiting for a dramatic play, or a classical music performance to begin. Miles apart!

But I posit that there is a fundamental flaw in the final product being produced by Hollywood. There is very little pure film DNA found in today’s movies. If Hollywood doesn’t turn it around soon, they will find even fewer butts in their seats over the next few years. Now I’m not all doom here. There are still serious films being financed, shot and released. But the money will dry up for those real cinema films. The current Writer’s Guild strike has yet to be a factor for Hollywood, due to lead times, but if it drags out much longer it will be a big problem. I submit the following observations about film.

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Film is an art form that has been perfected and refined by masters of cinema past and present. Individuals that were/are students of a revered craft, and contributors to its ongoing aesthetic.

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Compared to the recycled content we see today, which I refer to as strictly a movie.

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There is still time to make a change. The question is, does Hollywood have the courage, business creativity, and ability to identify the talent necessary to pull it off? I hope so. In the meantime, I am hopelessly passionate about film and will continue to buy tickets while watching for signs of change. One thing is for sure. When I do see great work, I appreciate it so much more. Then there is always my home film collection available to me whenever I want. That’s what really keeps me going.