Coming Soon (hopefully)

So, I’ve been away. On a nine-day whirlwind trip to China, land of…well, let’s just say that it does not value clean, dry toilets and saliva-free sidewalks like some countries clearly do. The point is I did not have access to WordPress and Facebook during the trip and was forced to keep a diary of sorts on my iPad. I hope to transcribe the entries, with some editing, plus decent photographs (courtesy of my brother and his SLR camera), in the coming weeks. Weeks, because I also want to edit this blog’s appearance bits. Without the web design know-how, I’ll have to stick to trial and error, definitely ending up in the latter than success.

For now, suffice it to say that the weather was scorching hot but dry, the food unbelievably bad for half of my stay, and my relatives were a handful. Did I mention that 17 other people, all my blood relations, were traveling with me? Did not shop much but was swamped with stuffs by the end of the holiday, anyway. Intrigued? More to come.

Holiday Interlude

Third day of HK trip, went to neighbouring isle of Macao for half a day. Was curious about the Las Vegas wannabe of Asia.

Plenty of casinos but none as classy as the Venetian. Others were too ostentatious and tacky. The hotel seemed like a grand mall of its own, and the casino didn’t make me feel as dirty as I usually do when I walk into one.

Macao itself was a tourist trap, especially on Saturday. Plenty of people trying their luck. Pity the city wasn’t developed more as a destination apart from the gambling meccas.

This one place was cool, though.

Heed My Words…or Not.

In this day and age of internet, everybody can be a critic. Your co-worker writes film reviews, some kid from high school can leave comments about the latest book they’ve read and your grandmother, if she so inclines, is free to trash Nicole Kidman’s Oscar gown online. But does that mean that you should listen to all of them ?

Hell no.

Everyone is entitled to free speech and it’s awesome that the majority have an outlet to do so (and a pity that there are others who still can’t). Still, if you check online or read readers’ letters, you’ll find that it is mostly the crazies who make the loudest comments. Who are these crazies, you ask? The ones who swear a whole lot and spew hateful messages for no apparent reason, for starters. It is amazing how many respectable websites don’t filter these flaming remarks. You know what else amazes me? These crazies have very poor command of English. Their spelling is atrocious. Check out YouTube, you’ll see what I mean.

And then there are the professional critics. Pundits. The people who get paid tons of money to share their expert and educated opinions to the word at large. Well, they are overrated. As a whole, their word has been taken too seriously. They’re not gods. They might have more knowledge than you, or more experience in the matter, but they’re still humans. Their word is not The Absolute Truth. Often, it is a matter of taste. If you share their likes and dislikes, feel free to accept their recommendation but please don’t go after a reviewer if you disagree with their opinions. It’s THEIR opinion, remember? Not yours.

Which brings me to my next point: if you insist on reading reviews or any type of critic, know your source. Is it trustworthy? Does this person or group have any business at all telling me what’s on their mind? Or are they just anonymous drones out for blood and attention? Do they share my tastes?

Also, my biggest reason of reading reviews? The writing. For example, I love Ruth Reichl’s writing when she reviewed restaurants for the New York Times in the 90s. She made food writing amusing and enlightening. Are you aware how many adjectives you can add to your vocabulary by reading reviews? Similarly, I watch Fashion Police on E! only for Joan Rivers’ unnecessarily cruel comments, which are hi-la-rious. I couldn’t care less about fashion, I just tune in for the laughs. (Although, really, Joan, you think Cate Blanchett was the worst dressed? I’m truly disappointed in you.)

I’ll be honest. I write reviews because I want to impose my opinions on you. My goal is that you become more cultured, through my recommendations. Yes, my opinion matters more than yours. But only in this blog. Everywhere else, my reviews are only my opinions. Besides, I think I’ve been fair enough in my reviews. I don’t give out ratings, I merely explain what I like or don’t like.

So, lighten up. Don’t put too much stock in these so-called expert opinions. It’s your time and your money, so do with them what you like.

Season’s Greetings from the Grinch

There are worse ways of celebrating Christmas than what I’m doing at this moment.

Granted, spending Christmas Eve in front of the TV alone in Santa pajama bottoms while waiting for the actual Santa to arrive (ha ha) is not the perfect way to enjoy the holidays. Did I mention that it is 31 degrees (Celsius) outside? This, after a wonderful period of endless rains and unbelievably cool weather. Pretty sad for someone who’s always dreamed of a White Christmas.

That said, there are still people starving, dying, and being bombarded somewhere out there in the world. So, in perspective, my Christmas doesn’t really suck.

If I had a Christmas epiphany this year, it is this one little fact: people are stupid. We keep electing the wrong people, enjoy being led on by bullies, and adore, simply adore believing the lies we are fed to. Case in point: Sarah Palin’s meteoric rise to stardom. Or in local terms, the new inner city toll road being planned in my hometown. A construction which may have made sense twenty years ago but is now a costly, inefficient solution that will “remove” (not evict, mind you, REMOVE, as the moron councilman says) thousands of people, kill off the local economy, and add to the already severe pollution problems. I wonder how much these councilmen are getting in exchange for their approval of this project. And yet, there’s NOTHING that can be done to stop it from happening. Because Indonesians are just wired that way, the laws are obscured just so, and that the people too blinded by money to do anything about it.

Learn to use the billions and billions of neurons in your brain, people. Speak up, like this kind foreigner did.

Anyway…

If you’re luckier than me, and you’re enjoying a fun party with family and friends while consuming alcohol and feasting on turkey, good for you. Just save some for me. If you’re heading out to church or just coming back from a mass, have a fantastic day. I’m sure you’re at your happiest celebrating the birth of the Messiah. For my Vancouver friends, well…you know how I feel. If it’s snowing there, I want pictures! For the rest of the world, happy holidays.

To my lame friends out here, I’m looking forward to spending my Christmas with you. Try not to have too much fun.

Merry Christmas wherever you are, however you’re spending it, in whatever weather and surrounded by whichever kind of company… It’s not a perfect world out there and none of us are perfect but remember that it’s never an excuse not to be kind or be bitter. Kinda like what Conan O’Brien said before he left the Tonight Show. (That’s right, I haven’t let go, especially since this article came out in Vanity Fair).

Happy Christmas folks.

It's hard being Santa in this day and age

Job Wanted

Simply put, i am in need of a dayjob. I’ve been needing one for months now and currently nearing a state of desperation. After two years of being incredibly picky and extremely lazy, I have ended up with nothing more than my current part-time teaching gig. I love it but my brain wants more. If I don’t find something to keep me occupied soon, I will be stupid and my lifestyle will suffer.

So here goes my plea:

”Self-taught writer seeks employment opportunities that can utilize her skills in English language. Will accept any freelance work, from writing for websites to translating academic papers. Has variable range of interests and is willing to do any research in addition to writing. Rate negotiable. Contact her via e-mail, the address of which is under the tab ‘hire me’ on the right.”

Hope this works.

Ladies Who Write

For about fifteen years now, I’ve dreamed of being a writer. Any kind of writer, from novelist to screenwriter to columnist to comedy writer, you name it, I’ve thought of it. Subsequently, many of my role models have been female writers. Or in the case of one Barbara Walters, a pioneering tower of television. Here are some of them, in no particular order (other than which one I remember first).

1. Tina Fey
She was the first ever female head writer of the highly popular sketch comedy show Saturday Night Live (SNL) and is, more recently, creator and executive producer of the incredibly funny NBC sitcom 30 Rock. You might remember her as the funnier version of 2010 Republican Vice Presidential candidate Sarah Palin in SNL’s Election sketches. She also writes screenplays, including the high school comedy Mean Girls (when Lindsay Lohan was still sober and/or sane). Oh, and she’s won several awards for acting, in addition to starring in a few movies here and there (Baby Mama and Date Night). As if all of this were not enough, she’s a mother to a 4-year old girl.

Awesome factor: Off the charts (do people still say that?). If you’ve never seen her as hapless TV writer Liz Lemon in 30 Rock or the show in general, get the DVD soon. Throw in a great writing team and arguably Alec Baldwin’s best performance ever, the show doesn’t get much better.

2.Belle De Jour
Perhaps I should start referring to her as her real name, not her pseudonym. Then again, it is hard to do when one’s got used to reading her saucy blog posts and watching the TV adaptation of her steamy/hysterically funny book,  ‘Secret Diaries of A Call Girl’. The former London call-girl (yeah, seriously) writes with the deftness of a poet and the soul of a philosopher. So what if she uses a swear word now and then, or discusses sex with too many graphic details? It’s part of her charm. The way she churns out thoughts and chains words together will wow you. This is a woman with a brilliant mind.

Billie Piper as Belle in the hit TV series

Awesome factor: Up there. Apart from her writing skills, she’s got tons of guts and a doctoral degree in medical research. How much cooler can she be?

3. Meg Cabot

One of the most prolific (and versatile) writers out there at the moment. She started out writing romance novels (not my cup of tea) before

Meg in one of her book signings

penning the Princess Diaries. That’s right, THE Princess Diaries that made Anne Hathaway a superstar. The books are tons better than the movies, mostly because of Meg’s uncanny way to get into a teenage girl’s head. Her sense of humor is still one of the finest out there. Since Princess Diaries (which ended in the 10th book two years ago), Meg has moved on to plenty other series, from romance to modern chicklit to teen series. Oh, and sometimes she reenacts classic novels using sock puppets and Barbie dolls too. This, in addition to a very hilarious blog, makes her fans adore her even more.

Awesome factor: OMG. It’s simply hard not to laugh when you read her work. Except for the romance, maybe. I wouldn’t know.

4. Barbara Walters
She is arguably the woman who was responsible for changing the face of television. She had to endure sexism throughout the 1970s, paving the way for newswomen to be more involved and to be paid as well as their male counterparts. A brilliant woman, she’s actually rather shy. A true New Yorker at heart, she used her showbiz background to start a long successful career in television, one in which she still triumphs until today. She became a household name at NBC’s morning variety show, the Today Show, then broke records everywhere by being paid $1 million to become the first female network anchor at ABC. Today, you might know her as the lady that makes people cry in her interviews or the ‘old lady’ who sometimes appears in the gabfest The View (which she produces and created). She has reduced her TV appearances but she remains the master of interviews. Nobody does it like her. Her memoir, Audition, is a favorite of mine.

Awesome factor: Legen-wait for it-dary. She’s done so much and lived a life of excitement. What I wouldn’t give to be able to meet her.

5. Nancy Meyers/Nora Ephron
It’s hard to separate these two ladies in my book. Both are succesful female filmmakers and screenwriters, mostly in my favorite genre of romantic comedies. Naturally, they have different styles but neither has made a movie that I didn’t love. Nancy Meyers wrote ‘The Parent Trap’ (Lindsay Lohan’s big break), made ‘What Women Want,’ ‘The Holiday’, and two Golden Globe nominated films, ‘Something’s Gotta Give’ and ‘It’s Complicated’. The latter films were also responsible for nominating the lead actresses, Diane Keaton and Meryl Streep for Academy Awards. Meyers’s romcoms are a tad more realistic, filled with smart dialogues, set in beautiful places, and always feature characters with interesting professions. Plus, her work shows how much she loves films.

A Scene from 'It's Complicated'. Isn't the kitchen beautiful?

Ephron's Reunion Film with Tom Hanks and Meg Ryan

Nora Ephron was responsible for the Meg Ryan-Tom Hanks hits, Sleepless in Seattle and You’ve Got Mail. With her sister, Delia, she went on to make Bewitched and most recently, Julie/Julia. Ephron also writes books on the side, those along the lines of comedy/memoir. My attraction towards her work lies in her humor (duh) and her ability to write witty repartee for her characters.

Awesome factor: Plainly delightful. I’ve never missed any film made by these ladies. Even Bewitched, which was pretty much destroyed by critics.

6. Jennifer Lancaster

Jen's Second Book about Living in the Big City

Jen was a corporate VP back in the day, well-off and living the high life in Chicago. Until 9/11 happened and she was laid off. She could no longer find jobs and things got desperate enough that she couldn’t pay off her utility bills. Solution? She wrote. And she kept writing.
What started out as a blog became a national sensation. She got a publishing deal and continues to blog, entertaining us with her wicked opinions on life and her neighbours. Her story, first published in Bitter is the New Black, is impressive. Not life-changingly inspirational, perhaps, but her strength lies in her style. Jen has a sharp tongue and is unabashedly open when it comes to her egotism. Most importantly, she is incredibly funny. Perhaps cruelly so, but funny nonetheless. I’ve never failed to laugh out loud when I read her book (even if it’s for the hundredth time).

Awesome factor: Jen-tastic. She makes everything bad sound good. Or at least funny.

7. Shonda Rhimes
Shonda is creator of medical TV drama Grey’s Anatomy, its spinoff Private Practice, and another medical drama to premier this fall, Off the Map. Prior to Grey’s, she wrote the sequel to Princess Diaries and Britney Spears’s film, ‘Crossroads’ (blergh) but let’s forget that unpleasant moment in her career. While still very successful, Grey’s Anatomy has been riddled with unpleasant publicity in the media, ranging from the gay debacle to contract disputes to unceremonious departures of cast members (and their characters, as a result). It may seem like Shonda is losing it a bit.

Loyal fans will tell you, though, that the show’s still got it. The plot may seem absurd and too sensational at times but somehow, I’ve never stopped loving it. Shonda does have a tendency to make her characters miserable and to spin convoluted webs among the people in the fictional Seattle Grace Mercy West Hospital (merger in season 6, in case you missed it) but she usually redeems herself with the finale. It’s that moment when everything else that happened before makes sense. All those little emotional, sometimes inconsequential bits, lead up to the big finale. And it will make you love the show again. Private Practice, its spinoff, was largely disappointing in the first season, but it picked itself up afterwards and it has an AMAZING cast, spearheaded by the gifted Kate Walsh. Grey’s Anatomy, though, is still Shonda’s masterpiece.

Still a Favourite

Awesome factor: Unlike any other. Shonda continues to push the boundaries in both shows with controversial cases (incest, prostitution, stem-cell) and literally explosive storylines (bomb in hospital, shooter in hospital, ferryboat accident). No one explores the depth of characters like her.

8. Carrie Bradshaw

Carrie and her Mac

Because she can afford a closet full of $500 shoes on her salary as a columnist. Because she has three incredible soulmates and one perfect man. Because she lives an exciting life with no regrets. Because she calls New York home. Because she’s still a romantic at heart. Because she’s funny.
Oh, and because she only exists in the world of fiction.

Awesome Factor: Literally unreal. Her life is one we can only dream of.

It’s Beginning To Get To Me

How behind I am. Seriously. I want my Broadband connection back. I want to once again access any information I want with a click on my mouse. In case you haven’t noticed, this is a very bad time not to have direct access to global information, what with every single day leading closer to the end of the world. I found out about the Lehman Brothers bankruptcy from my father. My father who doesn’t know how to text message, let alone use a computer. My father who gets his news from Chinese media and Indonesian newspapers, and believes everything in them. I am shocked.

I am so behind that I forgot that the Fall TV season has started without me. I forgot that SNL had already debuted (brilliantly, I might add) and consequently, missed Tina Fey’s extraordinary impression of Sarah Palin. And I couldn’t even get to see a full video of that, thanks to NBC’s persistence in removing it from YouTube and pretty much blocking access to it on their own website. I subsisted on a transcript and snatches of the sketch. Not enough, believe me. Not for someone who loves SNL this much and adores Tina Fey the way I do.

Thanks to TWOP (Television Without Pity), I could catch up on Gossip Girl, which premiered two weeks ago. Two weeks ago! Back in Canada, I assembled a full weekly TV schedule in May. A full four months before the TV season began. Me not knowing when Gossip Girl premiered, that’s just unfathomable. Ask anyone I know in Canada. And no, I’m not at all ashamed to admit that I watch GG.

So this is what being in the dark feels like. Not fun. My friends, feed me with updates. I’ll take celebrity gossips at this point. And keep them coming. I need them to sustain me. You know what qualifies as entertainment here? Indonesian TV. And if you’ve seen it for a day, you’ve seen it all, trust me. I’d rather shoot myself than watch that crap every day. The same thing goes for Chinese TV. If I don’t get cable in six months, I’ll go crazy.

Before I sign off, check out this old post on Meg Cabot’s blog. It is a very touching account of how it was like for her on September 11th, 2001. It is very easy to forget that day, just like I did on its 7th anniversary last week. May her words remind you how tragic that day and that New York is still the greatest city on earth.

You Bastards

Bravo, my friends. You have finally managed to do something that actually surprised me. It’s quite amazing, considering that the last time that happened was my birthday four years ago. You have tried every year since then, but I have always seen through it. Today, however, I really didn’t see it coming. For that, I salute my roommate’s efforts. Cil, you are truly the world’s greatest roommate. I would buy a mug for you that says exactly that if I could find it. And to the ten other people who made it, I thank you.

In retrospect, I should have caught on sooner. The plan started out as a small get-together with just five people. I clearly didn’t expect all my close friends showing up (yes, I only have fewer than 20 close friends. It’s not pathetic, it’s called exclusive). I should’ve suspected something when everyone involved was taking the whole thing too seriously. I had two wake-up calls today. Two. They usually trust me when food is involved. Oh, did I mention that we’re eating dim sum? Plus, I saw two of my friends sneaking in and out of the restaurant when I was waiting outside. As far as planning goes, the whole thing was brilliant. As far as execution? Step it up guys, step it up.

Perhaps this whole deal didn’t seem to strike you as very impressive. You should take into account, however, that my roommate is a terrible liar. Probably the worst I’ve ever met. Somehow she has found a way to get around this little imperfection by never talking to me about the plan. Damn you. Also, I’m mostly paranoid and blessed with a very active imagination. Any scenario planned to surprise me usually had occurred in my mind before it happened.

But really, no thanks guys for making it even harder for me to leave. I have five days left with you now before I go back home. This farewell thing just reminded me that I’ve made quite a good life for myself in Vancouver. All because of you. Every single one of you. Just yesterday, I moved out of my apartment. As I was sitting there in an empty apartment, on the recently vacuumed floor, exhausted after three days of packing, lifting, and cleaning, I felt like I should do something to say goodbye to the apartment. I was thinking of all the good times I had in that place. Then it struck me that it was not really the place that I would miss. It was the moments. All the parties. The messy kitchen that happened every time we had people over for dinner and surprise birthday parties (which for some reason, we often hosted, despite our lack of furniture and kitchen space). The times my roommate and I screamed at the TV every time Grey’s Anatomy was on. My all-night study sessions, powered by two cups of coffee and late-night talk shows. The light bulbs that went out. The clogged toilet (you probably didn’t need to hear that one).

My last night in my apartment, I finally finished watching the complete series of The West Wing. Appropriately enough, the last episode (called “Tomorrow”) was about the old administration moving out to make way for the new people. I quickly drew parallels with my current condition. I also wished that I could have a team of White House movers to pack my stuff and send it to Indonesia (these guys managed to pack the entire White House residence in less than three hours, who wouldn’t want that?). Not until today did I realize that this is it. I am actually leaving. I have to move on. Of course I might be back but this is goodbye for now.

Some of my friends asked me during dim sum why I wasn’t crying already. Aside from the fact that I’m not that much of a crier, it’s mostly because I wasn’t feeling it yet. The tears would come, people. Don’t worry about that. Oh, and by the way, didn’t I agree to take all those pictures with every single one of you? When else will you catch me in such a mood?

I really will miss you.

Wanted Trailer

Description: Watch the exclusive trailer for the movie Wanted, starring James McAvoy, Angelina Jolie, Morgan Freeman and Common.

from vids.myspace.com posted with vodpod

Finally!

There is yet hope for humanity….Because the WGA strike is finally ending. I’m not gonna talk much, just read what the WGA President has to say (taken from comingsoon.net):

To Our Fellow Members,
We have a tentative deal.

It is an agreement that protects a future in which the Internet becomes the primary means of both content creation and delivery. It creates formulas for revenue-based residuals in new media, provides access to deals and financial data to help us evaluate and enforce those formulas, and establishes the principle that, “When they get paid, we get paid.”

Specific terms of the agreement are described in the summary on our website and will be further discussed at our Saturday membership meetings on both coasts. At those meetings we will also discuss how we will proceed regarding ratification of this agreement and lifting the restraining order that ends the strike.

Less than six months ago, the AMPTP wanted to enact profit-based residuals, defer all Internet compensation in favor of a study, forever eliminate “distributor’s gross” valuations, and enforce 39 pages of rollbacks to compensation, pension and health benefits, reacquisition, and separated rights. Today, thanks to three months of physical resolve, determination, and perseverance, we have a contract that includes WGA jurisdiction and separated rights in new media, residuals for Internet reuse, enforcement and auditing tools, expansion of fair market value and distributor’s gross language, improvements to other traditional elements of the MBA, and no rollbacks.

Over these three difficult months, we shut down production of nearly all scripted content in TV and film and had a serious impact on the business of our employers in ways they did not expect and were hard pressed to deflect. Nevertheless, an ongoing struggle against seven, multinational media conglomerates, no matter how successful, is exhausting, taking an enormous personal toll on our members and countless others. As such, we believe that continuing to strike now will not bring sufficient gains to outweigh the potential risks and that the time has come to accept this contract and settle the strike.

Much has been achieved, and while this agreement is neither perfect nor perhaps all that we deserve for the countless hours of hard work and sacrifice, our strike has been a success. We activated, engaged, and involved the membership of our Guilds with a solidarity that has never before occurred. We developed a captains system and a communications structure that used the Internet to build bonds within our membership and beyond. We earned the backing of other unions and their members worldwide, the respect of elected leaders and politicians throughout the nation, and the overwhelming support of fans and the general public. Our thanks to all of them, and to the staffs at both Guilds who have worked so long and patiently to help us all.

There is much yet to be done and we intend to use all the techniques and relationships we’ve developed in this strike to make it happen. We must support our brothers and sisters in SAG who, as their contract expires in less than five months, will be facing many of the same challenges we have just endured. We must further pursue new relationships we have established in Washington and in state and local governments so that we can maintain leverage against the consolidated multinational conglomerates with whom we bargain. We must be vigilant in monitoring the deals that are made in new media so that in the years ahead we can enforce and expand our contract. We must fight to get decent working conditions and benefits for writers of reality TV, animation, and any other genre in which writers do not have a WGA contract.

Most important, however, is to continue to use the new collective power we have generated for our collective benefit. More than ever, now and beyond, we are all in this together.

Best,

Michael Winship
President
Writers Guild of America, East

Patric M. Verrone
President
Writers Guild of America, West

And here is a summary of the tentative deal:

Term of Agreement
From resumption of work through May 1, 2011.

Minimums
Minimum rates generally increase 3.5% each year. The exceptions are: network prime time rates and daytime serial script fees increase 3.0% each period; program fees and the upset price increase once by 3% in the second year; and clip fees increase once by 5% in the third year.

Writing for Made-for New Media
Coverage: The WGA is recognized as the exclusive bargaining representative for writing for new media (such as Internet or cellular technology). Writing for new media is covered by the MBA if:
(1) it is written by a “professional writer” (anyone with a single TV or screen credit, 13 weeks of employment in TV, film or radio, a professionally produced stage play credit or a published novel) or
(2) the program is derivative of an MBA-covered program or
(3) if the budget is above any of three thresholds: $15,000 per minute; $300,000 per program; or $500,000 per series order. If initially not covered due to the projected
budget but later costs exceed a threshold, the program/series is covered retroactively.
Compensation: If a new media program is derivative of an MBA-covered program, minimums for initial compensation apply. The minimum for derivative dramatic programs is $618 for programs up to two minutes, plus $309 for each additional minute. The minimum for derivative comedy-variety and daytime serials is $360 for programs up to two minutes, plus $180 for each additional minute. The minimum for all other types of derivative programs is $309 for programs up to two minutes, plus $155 for each additional minute. Regardless of the length of the program initial compensation can be no less than the two minute rate. For original programs
initial compensation is negotiable.

Pension and Health Insurance: MBA pension and health provisions apply to all covered writing for new media programs.

Credits: The Guild shall determine credits on all covered new media programs. Credits must appear on-screen (or on a link to the program) if anyone else receives such credit.

Television Reuse: If a covered new media program is reused in traditional media, the usual residuals for a television program apply with minor modifications.

Separated Rights: Creators of original new media material are protected as follows:
(1) If you create an Internet program that becomes a TV series or feature film which you write, traditional separated rights apply.
(2) If you write original material for an Internet program and the Company wants to use it for a TV series or feature film to be written by someone else, the Company must purchase rights from you. The Company may acquire the rights at any time, but separate compensation must be paid. If you want to sell those rights to another studio, the Company has a right of first refusal.
(3) If you create an Internet program that is the equivalent of a traditional TV series (over $25,000 per minute and 20 minutes in length) you are entitled to the same rights as in (2) above, plus sequel payments for each Internet episode based on your program.

Internet Residuals: Initial compensation covers writing services and 13 weeks of availability in new media when the viewer does not pay, and 26 weeks of availability in new media when the viewer pays. After those periods, certain residuals are payable: (i) if a new media program derived from an MBA-covered program or an original new media program with a budget higher than $25,000 per minute is reused in new media, the new media reuse provisions described below apply, except that electronic sell-through is paid at 1.2% of distributor’s gross receipts; and (ii) for original new media programs, the residual for ad-supported streaming is negotiable, while reuse where the viewer pays is compensated at 1.2% of distributor’s gross receipts.

Other Guild Provisions: A number of standard guild provisions apply to all covered new media programs: Guild shop (writers must join the WGA), no-strike/no-lockout, grievance and arbitration, and timely payment.

Reuse in New Media
Distributor’s Gross Receipts: All revenue-based residuals in new media employ a definition of “distributor’s gross” which eliminates the accounting uncertainty inherent in the concept of “producer’s gross” as found in the home video/DVD formula.
Download Rentals: If the viewer pays for limited new media access to a program, residuals are paid at the rate of 1.2% of distributor’s gross receipts.
Download Sales (Electronic Sell-Through): If the viewer pays for permanent use of the program, residuals are paid at 0.36% of distributor’s gross receipts for the first 100,000 downloads of a television program and the first 50,000 downloads of a feature. After that, residuals are paid at 0.7% of distributor’s gross receipts for television programs and 0.65% for feature films.

Theatrical Ad-Supported Streaming: Ad-supported streaming of feature films produced after July 1, 1971 is payable at 1.2% of distributor’s gross receipts.

Television Ad-Supported Streaming (Library): Ad-supported streaming of television programs produced after 1977 (and a small number produced prior to 1977) are payable at 2% of distributor’s gross receipts.

Television Ad-Supported Streaming (New Programs): Ad-supported streaming of television programs is payable at 2% of distributor’s gross receipts one year from the end of an initial streaming window.

Initial Streaming Window: There is an initial window of 17 days (24 days for episodes of the first season of a series, one-off television programs, and MOWs) with no residual. This window must include or occur contiguous to the initial television exhibition.

Residual Payment (Network Prime Time): In the first and second years of this contract, after the initial window, for network prime time television programs, a fixed residual of 3% of the residual base (“applicable minimum”) is paid for each of up to two 26-week periods. For an hour program, this fee is $654 per period in the first year of the contract; $677 per period in the second year. For a half-hour the figures are $360 and $373. In the third year of this contract, the 2% of distributor’s gross formula is applied immediately after the initial streaming window. The contract sets an imputed value for up to 26 weeks of such distributor’s gross at $40,000 for an hour program and $20,000 for a half hour program. So, for the third year the formula pays a residual of $800 for an hour program and $400 for a half hour program for each potential 26-week period in the year after the initial streaming window. If the Network’s exclusivity expires prior to one year after the end of the initial window, the 2% of distributor’s gross receipts begins without the imputed value. In the case of a 26-week period being truncated by the end of the year after the end of the initial streaming window, the payment is prorated. Residual Payment (All Other Programs): After the initial streaming window, a fixed residual of 3% of the residual base (the “applicable minimum”) is paid for each of up to two 26-week periods in the first two years of this contract. In the third year of this contract, the payment rate rises to 3.5% of the residual base.

Fair Market Value: New media residuals based on transactions between related parties are subject to a test of reasonableness when compared to transactions between unrelated parties.

Access to Information: The companies agree to provide the Guild with access to new media deals and distribution statements, without redaction, and usage data during the term of the contract.

Clips: Clips are defined as excerpts of less than five minutes for episodic TV or ten minutes for features or long-form TV. A company can use a clip for a promotional purpose without payment. Where a clip is not promotional and the viewer does not pay, the fee for the clip in new media is paid at the rate of the lesser of $50 or the residual payable under the Reuse Sideletter for a clip under two minutes; the lesser of $150 or the residual payable the Reuse Sideletter for a clip between two and four minutes; and for a clip longer than four minutes, the residual payable under the Reuse Sideletter. Where the viewer pays, the fee for use of a clip is 1.2% of distributor’s gross receipts.

Promotion: A clip can be used without payment to promote theatrical, television or new media exhibition if the clip contains “tune-in”, rental or purchase information. No payment is due for non-commercial “viral” release of clips from a theatrical or television motion picture. Promotion does not include the use of clips if the primary purpose of the exhibition is to permit viewing of archived or aggregated clips on a new media site (e.g., dailyshow.com).

Pension and Health Fund Provisions
Health Fund: The contribution rate shall continue to be 8½% from the start of the contract through September 30, 2008. The contribution rate shall be 8% for the period of October 1, 2008 through March 31, 2009. Thereafter the rate shall return to 8½%. A sideletter resolves a pending dispute about the Health Fund contribution rate.

Pension Fund: The contribution rate remains at 6% for this contract.

Contribution Caps: For theatrical motion pictures and long-form television motion pictures, the ceiling on which Pension Plan contributions are based is increased to $225,000 ($450,000 for team of 3). For long-form television motion pictures, the ceiling on which Health Fund contributions are based is increased to $250,000 ($500,000 for a team of 3). A cap of $350,000 ($700,000 for a team of 3) is established as the ceiling on which Pension Plan and Health Fund contributions are based for daytime serial writers.

Other: The Guild and the Companies will jointly fund a study of new IRS regulations. We agreed how contributions will be paid when a writer is employed on a development deal under Article 14.E.2. and, under the same contract, is employed to perform Article 14.K. services on a series for which the writer receives additional money which is not creditable.

Other Provisions
Made-for Pay TV Residuals: The annual residual payments increase from $3,000 to $3,500 for a half-hour program and from $5,000 to $6,000 for an hour program.
Product Integration: The company will consult with the showrunner when a commercial product is to be integrated into the storyline of an episode of a dramatic series.
Showrunner Training Program: The AMPTP and Networks will increase funding for this program to: $225,000 for year 1 of the MBA; $150,000 for year 2; and $150,000 for year 3.

Television Recap Clips: The total length of clips that can be used to recap the story in a 60- minute or longer program is extended from 90 seconds to 3 minutes before requiring payment.

Tri-Guild Audit Fund: The companies renew the funding of the Tri-Guild Audit Fund.
Residuals Reporting/Electronic Data Transfer: Each company shall meet with the Guild to establish a method of transfer for electronic reporting of residuals information.
Lists of Arbitrators: Arbitrators were added to the lists by both the Guild and the companies.

Foreign Remakes: Alternative terms were agreed for foreign remakes of MBA-covered scripts.

Limited Syndication of Half-Hour Programs: A little-used sideletter specifying a discounted residual for half hour series in limited syndication was renewed.
Television Separated Rights for a Derivative Theatrical Film: The company has an opportunity to match an offer to purchase feature film rights from the separated rights holder.

Committee on Alternative Digital Broadcast Channels: The Guild agreed to participate in a committee to explore the use of alternative digital broadcast channels.