https://www.hollywoodreporter.com/thr-esq/early-arguments-writers-guild-...
I can't wait to see how the judge rules on the WGA lawsuit. I agree with the Union. If I remember right from producing class, the agencies garnered power when they began packaging back in the 80's. Even if the packaging fees were well advertised to writers and the guild, employers (or in this case, employment gatekeepers) have power to manipulate workers by creating these de-facto standards.that you have to accept or just not work. I'm no lawyer, but I think the agencies' control of the flow of money sounds like a "prohibition" to me. Anyone agree, disagree?
1 person likes this
Hi Blake,
I'm not an attorney, either, but a friend who is doesn't think the anti-trust claim meets the anti-trust conditions that are current law. I'm pretty sure that is the reply to that claim that the agencies responded with, too, and that the federal judge already hinted will be the basis of his decision on that anti-trust claim as well. So that part might not bode well for the plaintiffs.
The case has several different claims by the Writer's Guild (anti-trust, breach of fiduciary duty, price fixing, constructive fraud) that was consolidated into one. This federal judge sure has a lot to do. We'll see how the next phase shakes out. With appeals, this could go on for years.
Best fortunes in your creative endeavors, Blake!
1 person likes this
Hi Bill,
I remember when the lawyers in Texas were suing big banks during the financial crisis on fraud charges using the deceptive trade practices act. The practices WERE fraudulent but the state ruled that homeowners are not "consumers" for the purposes of DTPA, lol. Ouch!
Yeah, the anti-trust rules may not apply and I'm not well versed in these issues since I'm not in the Guild but this case will be a good opportunity for me to get up to speed. I look forward to reading more articles on the state of affairs in the world of tv/film writing.
Thanks and good luck to you!
2 people like this
David Simon used a harsher word than prohibition. He called agencies “racketeers.” And he’s an ex-journalist who specialized in crime and corruption.
1 person likes this
Strong words but. I guess if all of the agencies are engaged in the same coercive behavior, then Simon may have a point. If writers have no other options, then there's no competition and that sounds like collusion... or whatever the analogous charge would be for an industry wide practice, the coordination of which is not explicitly deliberate.