- The Writer’s Guild of America is suing four major talent agencies alleging unfair competition practices and pay issues.
- The WGA claims that the packaging fees that agents take as part of representing writers are illegal under California and federal law.
- In some cases, the WGA says agents take 80 percent of packaging fees that are paid by the studios, rather than the standard 10 percent of a writers’ income.
- The lawsuit was dropped after the agencies refused to sign the WGA’s code of conduct, which banned packaging fees.
The Writers Guild of America filed a lawsuit on Wednesday against four major talent agencies in a fight over writers’ wages and unfair competition practices.
The Guild and eight other writers, including The Wire creator David Simon, filed the complaint in a California superior court against William Morris Endeavor, Creative Artists Agency, United Talent Agency, and ICM Partners.
The main issue at hand focuses on “packing fees.” These are deals that allow agents to be paid directly by studios for bringing clients together on a project, instead of having agents receive a standard 10 percent of a writers’ income.
According to the WGA, the Big Four agencies currently receive about 80 percent of the packaging fees that are paid by studios.
One plaintiff, Meredith Stiehm, who created the CBS police drama Cold Case, said that after about six years with CAA, she learned that the agency made 94 cents for each dollar she made from the show.
“That is indefensible,” she during a press conference. “An agency should make 10% of what their client makes—not 20, not 50, not like in my case, 94%. 10% is enough.”
Along with issues about pay, the writers are also concerned about other ways the industry operates. For instance, they take issue with the trend of agents becoming producers themselves, which creates conflicts of interests.
In the lawsuit, WGA makes two legal claims: that packaging fees violate state fiduciary duty laws, and that those fees violate federal unfair competition laws.
First, under California state law, talent agents are considered fiduciaries. This means they are bound to represent writers, without conflicts of interest. Second, the Guild says that packaging fees constitute illegal “kickbacks” to agents, which would be a violation of both state and federal law.
The lawsuit cites the Taft-Hartley Act, a federal law passed in 1947. The anti-kickback section of the act prohibits “any employer or association of employers to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value … to any representative of any of his employees who are employed in an industry affecting commerce.”
Lawyers for the WGA argue that agency packaging fees fall under this ban.
“The plaintiffs will seek a judicial declaration that packaging fees are unlawful and an injunction prohibiting talent agencies from entering into future packaging deals,” Tony Segall, general counsel for the Writers Guild of America West, said in a statement announcing the lawsuit.
“The suit will also seek damages and repayment of illegal profits on behalf of writers who have been harmed by these unlawful practices in the past,” he added.
How We Got Here
The WGA has been trying to address this issue in recent days. The writers and agents have been without an agreement to govern their relationship with each other since one expired last weekend.
In fact, the WGA had even drafted a code of conduct for agencies that calls for the banning of packaging fees. Around 95 percent of the Guild’s members voted in favor of implementing it and the Guild then asked agencies to sign it. The Big Four agencies refused.
At one point during negotiations, Talent Agencies offered writers a 1 percent cut of their production fee money, but the Guild says that proposal was unacceptable.
On Saturday, the WGA told writers to fire agents who refuse to sign the union’s code of conduct. Some writers complied and have posted images of the letters they had sent to their agents. The letters say that under union rules, they can’t be represented by the agency until a negotiation is reached.
WGA West President David Goodman said the lawsuit shouldn’t come as a surprise to anyone. “We always had this as part of our strategy,” he said.
“The lawsuit is really at attempt to try and address the situation and make agencies realize this has to be fixed. It wasn’t a matter of the negotiations falling apart and then there was a lawsuit. It’s all part of the same thing.”
The Association of Talent Agents stands by the packaging fees. In its FAQ sections, the ATA writes, “Packaging agencies help assemble a show’s creative elements before the show is pitched to potential buyers and continue to service the show during its lifecycle.”
If packaging fees were to be eliminated, the ATA says “those packaging fees likely would not be redistributed in any way to talent.“
The ATA also noted that United Talent Agency’s analysis found that its writers earn more money on shows that the agency packed and less on shows that it didn’t.
They issued a response to the lawsuit late Wednesday saying, “This development is ironic given that the guild itself has agreed to the legitimacy of packaging for more than 43 years. Even more ironic is the fact that the statute the WGA is suing under prevents abuses of power and authority by labor union leaders, even as the guild has intimidated its own members and repeatedly misled them about their lack of good faith in the negotiating room.”
Neither side appears to be willing to budge on the issue. The WGA says negotiations can continue as the lawsuit moves forward, with Goodman saying the WGA is waiting for the ATA to make contact with his team.
Without a deal soon, Hollywood productions could be stuck in limbo, leaving thousands of writers without work and hundreds of studio projects on hold.
“The agencies are the ones who’ve made it clear that they’re not taking it seriously. If they’re ready to do that, we’re here,” Goodman said.
The WGA has released a list of agencies that have agreed to their code of conduct and can represent its members. However, the Big Four agencies dominate much of the industry.
The tension unfolding between both parties is unprecedented and a meaningful agreement could change the industry practices for years to come.
See what others are saying: (Deadline) (The Hollywood Reporter) (The Washington Post)
Comedian Gives David Beckham Ultimatum: Exit Role at Qatar World Cup Or £10K in Donations Gets Shredded
“Not just the money, but also your status as a gay icon will be shredded,” Joe Lycett said in a video.
Pressure on Beckham
Comedian Joe Lycett posted a video on Sunday saying he would shred £10,000 if soccer star David Beckham does not pull out of his deal to be an ambassador for the Qatar World Cup.
Ahead of the event, which kicks off on Nov. 20, many have been raising concerns about human rights abuses in Qatar. The country criminalizes homosexuality, and it can be punishable by death.
Beckham’s deal to represent the country was reportedly worth £10 million, and many are frustrated that the athlete took such a big check from a country with known anti-LGBTQ laws. In his video, Lycett noted that Beckham has been openly supportive of his gay fans and was the first premiere footballer to do a photoshoot with a gay magazine.
In an attempt to get Beckham to bow out of his role, Lycett, who is pansexual, offered an ultimatum.
“If you end your relationship with Qatar, I’ll donate this £10,000 of my own money, that’s a grand for every million you’re reportedly getting, to charities that support queer people in football,” he stated. “However, if you do not, at midday next Sunday, I will throw this money into a shredder.”
“Not just the money, but also your status as a gay icon will be shredded.”
Beckham’s Reputation “Shredded”
Lycett said he would livestream the money shredding if that’s what the situation comes to. If Beckham does not back out of the World Cup, Lycett noted he will be forced to “commit what might be a crime,” as destroying legal tender is against the law in the U.K.
“Although even then, I reckon I’ll get off more lightly than I would if I got caught whacking off a lad in Doha,” Lycett quipped.
Lycett then linked to a website titled https://benderslikebeckham.com/, which includes a written version of his message, as well as a countdown to when he will either shred the cash or send it to a non-profit.
Lycett is not the only U.K star to raise concerns about issues in Qatar. Singer Dua Lipa shut down speculation that she would be performing at the World Cup over the weekend by saying she has no intentions to visit the country until “it has fulfilled all the human rights pledges it made when it won the right to host” the event.
Other stars, however, including BTS’s Jung Kook, are slated to take the stage.
See what others are saying: (CNN) (The Hollywood Reporter) (BBC News)
Federal Judge Dismisses Dave Portnoy’s Lawsuit Against Insider
The online personality called the decision “disappointing” but not “overly surprising.”
A federal judge in Massachusetts dismissed a defamation lawsuit Barstool Sports founder Dave Portnoy filed against Business Insider, several outlets reported on Monday.
According to a report from The Washington Post, Chief Judge F. Dennis Saylor IV decided that Portnoy did not successfully prove that the news outlet acted with “actual malice” or “reckless disregard for the truth” when it published two articles about his sexual relationships.
The first article, published in Nov. 2021, detailed stories from women who said they had “violent” and traumatizing sex with Portnoy. A second piece was published in Feb. 2022 and includes sources who said Portnoy filmed sexual encounters without consent.
Portnoy has repeatedly denied the allegations and maintained that the sexual encounters were consensual and positive. He sued Insider in February following the publication of the second article.
Per The Post, Saylor tossed the complaint because it did “not allege that Insider’s anonymous sources were fake, or that the articles misrepresented what the women told [Insider’s reporters].”
“Furthermore, plaintiff admits that Insider investigated its first article for months, requested an interview with him, sought his comment before publication, included his denials, and hyperlinked to his news conference and his lawyer’s full denial letter,” the judge’s decision continued.
Saylor also noted that Insider corroborated their sources’ claims with photos, texts, medical reports, receipts, and accounts from their friends.
While Portnoy argued that these stories were an invasion of privacy as they pertained to his private sex life and the women involved were not his employees, Insider held that their claims were relevant.
“When a rich, famous, and powerful person uses their power in a way that is harmful to other people, it is newsworthy,” Nicholas Carlson, Insider’s Global Editor-in-Chief, previously wrote in an editor’s note.
Saylor largely agreed with that, saying that issues of consent and power are part of “legitimate public interest,” including in instances that arise outside “the employment context.”
An Insider spokesperson told The Post that the outlet is “pleased and gratified that the judge dismissed his complaint.”
“We knew from the start that our reporting was careful, fair, and accurate, but it’s gratifying to see that validated in court,” Julia Black, one of the reporters named in the lawsuit, tweeted in response to the news.
For his part, however, Portnoy has criticized the judge’s decision, calling it “disappointing” but not “overly surprising.”
“Every single lawyer said it was an uphill battle, every legal expert said it was an uphill battle, that it’s almost impossible for a public figure to prove defamation,” he said in a video posted to Twitter. “The laws are stacked against me.”
Portnoy said that he turned in texts and other evidence he believed would prove the sexual encounters were positive but claimed “the judge didn’t even really look at the evidence.”
He later read an excerpt from the judge’s decision that said Portnoy “can’t seek to prove actual malice by challenging statements that defendants did not publish.”
“In other words: Business Insider did not publish any of my shit, I can’t talk about it, it’s not part of the case,” Portnoy explained. “It’s inadmissible.”
He said he could appeal the decision if he wanted, but added he was not optimistic about how that would turn out for him. He floated the idea of suing the sources themselves, noting he thinks he would stand a better chance in such a case.
See what others are saying: (The Washington Post) (The New York Post)
Megan Thee Stallion, Drake, and More Sign Letter in Support of Restricting Rap Lyrics as Evidence
The letter claims the use of this evidence is a “racially targeted practice” that “punishes already marginalized communities and their stories.”
“Protect Black Art”
Megan Thee Stallion, Drake, and a slew of other major artists signed an open letter on Tuesday calling for politicians to restrict the use of rap lyrics as evidence in court.
The letter, titled “Art on Trial: Protect Black Art,” argues that “more than any other art form, rap lyrics are essentially being used as confessions in an attempt to criminalize Black creativity and artistry.”
It follows statements from other advocates who claim that police and prosecutors are eager to interpret rap literally instead of treating it as a creative form of expression. By doing so, critics say they ignore the storytelling techniques, figurative language, and hyperbole that are often used in the genre, and weaponize those lyrics against their creators.
Last month, California Gov. Gavin Newsom (D) signed a bill that aims to limit the use of rap lyrics in court by requiring prosecutors to prove lyrics meet certain criteria and do not display a racial bias before submitting them. State legislators in New York are also weighing a bill with similar goals, and on the federal level, a bill titled the “RAP Act” was introduced in Congress over the summer.
Tuesday’s letter urged state and federal politicians to pass these bills and others like it. It also encouraged prosecutors to drop the practice voluntarily.
Jack Harlow, Future, DJ Khaled, Camilla Cabello, Coldplay, Alicia Keys, Normani, Travis Scott, and Christina Aguilera were among the slew of other stars who signed the letter. Record labels like Warner, Universal, and Def Jam joined the list, as did platforms like Spotify, Tidal, TikTok, and YouTube Music.
Rap in Court
According to Warner Music Group, experts have found over 500 cases where rap was used as evidence, and that is likely an undercount as several kinds of cases and proceedings were excluded from that figure. On the other hand, those experts found only four instances since the 1950s where non-rap lyrics were used as evidence, and three of those cases were tossed while the other was overturned after conviction.
The letter used Young Thug and members of the Young Stoner Life label, who are currently facing dozens of charges, including ones that accuse the label of being a criminal gang, as an example of this issue.
“The allegations rely heavily on the artists’ lyrics, which prosecutors claim are ‘overt evidence of conspiracy,’” the letter said. “In the indictment, Fulton County prosecutors argue that lyrics like ‘I get all type of cash, I’m a general,’ are a confession of criminal intent.”
The letter claims that using an artist’s words against them in this manner is “un-American” and “simply wrong.”
“Beyond the obvious disregard for free speech and creative expression protected by the First Amendment, this racially targeted practice punishes already marginalized communities and their stories of family, struggle, survival, and triumph,” it continues.
Julie Greenwald, Chairman & CEO of Atlantic Music Group, released a statement arguing that the freedom for musicians to form characters and narratives is “essential to the creative process and the role of art in society.”
“The harsh reality is that Black artistic creativity is being threatened at an unprecedented level, and we must make every effort to stop this unethical, discriminatory approach to prosecution,” Greenwald added.