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Path _posts/arts-culture/2007-11-05-writers-guild-strike.md
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Date 2007-11-05
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Writers Guild of America Strike (2007–08)

Key figures: Patric Verrone (WGA West president), Les Moonves (CBS), Bob Iger (Disney), Barry Meyer (Warner Bros.), Brad Grey (Paramount)

Summary

On November 5, 2007, approximately 12,000 members of the Writers Guild of America, East (WGAE) and Writers Guild of America, West (WGAW) began a strike against the Alliance of Motion Picture and Television Producers (AMPTP), a body representing nearly 400 American film and television producers. The work stoppage followed the expiration of the WGA’s Minimum Basic Agreement on October 31, 2007, after contract talks that opened on October 25 broke down over disagreements on compensation for digital distribution.

The central dispute concerned residual payments for content distributed through “new media” — internet downloads, streaming services, video-on-demand, and smartphone programming — for which studios at the time retained virtually all revenue. Writers also sought to double DVD residual rates from 0.3% to 0.6% per disc sold, and to extend WGA jurisdiction to animation and reality television programs. Studios argued that new media represented an unproven market that did not yet warrant meaningful residual structures.

The immediate production impact was severe. Late-night talk shows — including The Tonight Show, Late Night with Conan O’Brien, Late Show with David Letterman, Jimmy Kimmel Live!, and Saturday Night Live — were among the first programs forced off the air or into reruns, given their reliance on same-day writing. By mid-December 2007, production of nearly all scripted television series had ceased. Hosts David Letterman and Conan O’Brien declined to return without their writers and personally funded their striking staff’s pay during the stoppage.

Background: Origins of the Dispute

The 2007 WGA Minimum Basic Agreement (MBA) had been negotiated in 1988, during the last major WGA strike, and had not been substantially revised in nearly two decades. In 1988, the striking point was VHS home video residuals; the formula reached then — 0.3% of the “distributor’s gross” for home video, plus flat fees for subsequent cable and broadcast runs — was rapidly outpaced by the explosion of digital formats in the 2000s.

By 2006, DVD sales alone generated approximately $24 billion in annual U.S. revenue, yet the writer residual formula applied the outdated 0.3% rate (effectively 1.2 cents per disc after industry accounting conventions) rather than a market-rate share. Streaming video was a nascent but rapidly growing distribution channel: Netflix launched its Watch Instantly streaming service in January 2007; iTunes had been selling television episodes for $1.99 since 2005; and YouTube, purchased by Google in October 2006 for $1.65 billion, was monetizing user video at scale. The WGA’s concern was structural: if studios established a precedent that digital streams and downloads carried no meaningful residual obligation, writers would be permanently excluded from the digital revenue streams that would dominate future entertainment economics.

The AMPTP’s position, articulated by chief negotiator Nick Counter, was that internet distribution was still in a “promotional” phase — that streaming was essentially advertising for DVD sales and broadcast, not an independent revenue source requiring separate compensation. This framing echoed the studios’ 1988 argument about VHS, which writers had largely accepted and lived to regret as VHS became the dominant medium for film revenue through the 1990s.

Timeline of Key Events

Date Event
October 25, 2007 Formal AMPTP–WGA contract negotiations open
October 31, 2007 WGA Minimum Basic Agreement expires without new contract
November 4, 2007 WGA members vote 90.3% in favor of authorizing a strike
November 5, 2007 Strike begins; picket lines established at all major studios
November 5, 2007 Late-night shows (Tonight Show, Late Show, Late Night, Daily Show, Colbert Report, SNL) immediately go dark or into repeats
November 5, 2007 United Talent Agency, Creative Artists Agency, and other major talent agencies announce neutrality; some encourage clients to honor pickets
December 7, 2007 AMPTP unilaterally suspends talks, citing WGA demands on new media as a precondition to returning
December 18, 2007 David Letterman’s production company Worldwide Pants reaches separate deal with WGA, allowing Late Show and Late Late Show to return with writers on January 2, 2008
January 2, 2008 Late Show with David Letterman and Late Late Show return with full writing staffs; Late Night with Conan O’Brien returns without writers
January 27, 2008 Direct talks resume after WGA drops DVD rate increase as a precondition
February 9–10, 2008 WGA membership vote overwhelmingly ratifies new contract (93.6% approval)
February 12, 2008 Strike officially ends after 100 days

Production Impact

Scripted Television

The stoppage halted production of nearly every scripted broadcast drama and comedy series. Networks had banked several episodes of their most popular programs as a hedge against a strike, but reserves ran out by December 2007 for most shows. Season premieres for mid-season replacements were delayed or cancelled outright.

Specific programs that lost full or partial seasons include:

  • 24 (Fox): The seventh season, originally scheduled for January 2008, was delayed a full year to January 2009.
  • Lost (ABC): Season 4 was shortened from 16 episodes to 14.
  • Heroes (NBC): Season 2 was cut from 24 episodes to 11.
  • Grey’s Anatomy, Desperate Housewives, and other long-running drama series lost 5–10 episodes from their planned season orders.
  • The 80th Academy Awards ceremony, originally scheduled for February 24, 2008, was nearly postponed. The Academy announced on February 14 (two days after the strike ended) that it would proceed as scheduled.

The overall economic cost of the 100-day strike was estimated at $2.1 billion in lost wages and production activity in the Southern California economy alone, according to a Milken Institute report commissioned in 2008.

Late-Night Television

Late-night talk programs suffered the most immediate disruption, as their format depends entirely on fresh material written each day for monologues, sketches, and topical segments.

The Tonight Show with Jay Leno, Late Night with Conan O’Brien, Late Show with David Letterman, The Daily Show with Jon Stewart, The Colbert Report, Jimmy Kimmel Live!, and Saturday Night Live all went dark on November 5. NBC, CBS, ABC, and Comedy Central ran repeats for weeks.

David Letterman and Conan O’Brien made national news by announcing they would not cross picket lines and would personally pay their striking writers’ salaries through the work stoppage. When Late Show returned in January (under Letterman’s separate union deal with WGA), it was widely viewed as a demonstration that late-night could work ethically within the strike context. The programs that returned without writers — particularly Leno’s Tonight Show and O’Brien’s Late Night, which both returned in early January before the strike ended — faced criticism from WGA members who argued they were undermining the picket.

Feature Film

Because studios had greenlit many projects in anticipation of a strike, the immediate film production impact was less severe than in television. However, several major productions were delayed or reshaped:

  • Scripts completed just before the strike began were rushed into production; mid-production rewrites were frozen.
  • The Golden Globe Awards, scheduled for January 13, 2008, were cancelled as a televised ceremony and replaced with a brief press conference after nominees refused to cross WGA picket lines at the planned Beverly Hilton venue.

Settlement Terms

The ratified February 2008 contract covered a three-year period through May 2011. Key provisions:

New media residuals: Writers received a formula for streaming and download residuals for the first time. For electronic sell-through (EST) — permanent digital downloads — the residual was set at 1.2% of the distributor’s gross (the same rate as DVD). For ad-supported streaming, the formula provided payments beginning in the second year after initial exhibition, starting at a flat fee scale and transitioning to a percentage formula. While WGA president Patric Verrone acknowledged the streaming residuals were “a start, not an end,” the contract established the principle that writers were entitled to digital distribution compensation.

DVD residuals: The rate increase from 0.3% to 0.6% was dropped. This concession was among the most controversial; critics argued the WGA surrendered its most financially significant demand.

New media jurisdiction: The contract extended WGA coverage to original content produced for new media platforms — a crucial foothold given the growth of online original content production (Netflix’s first original series, House of Cards, launched in 2013).

Reality television and animation: Neither was covered by the final contract, deferring ongoing organizing disputes to future negotiations.

Legacy

The 2007–08 WGA strike reshaped the economics and culture of Hollywood labor in ways that extended well beyond the 100-day stoppage:

Digital residuals as the template: The 2007 contract’s new media provisions became the baseline for all subsequent WGA negotiations, as well as reference points for SAG-AFTRA and DGA contract talks. When Netflix, Hulu, and Amazon began producing original content at scale after 2012, the residual structures negotiated in 2007 governed how writers were compensated — and were repeatedly contested and revised upward in subsequent contracts.

The acceleration of reality television: Networks had relied on unscripted programming throughout the strike; ratings for reality shows held even as scripted drama ratings declined. The strike is widely credited with accelerating the dominance of reality television in American network schedules. Formats including American Idol, Dancing with the Stars, and Survivor benefited directly from the gap left by absent scripted programming.

The 2023 WGA/SAG-AFTRA strikes: The structural issues that drove the 2007 strike — inadequate residuals for new distribution platforms and lack of jurisdiction over emerging formats — remained contested. The 2023 WGA and SAG-AFTRA strikes, which lasted 148 and 118 days respectively, directly extended the 2007 dispute into the streaming era, centering on residuals for streaming content and, newly, the threat of AI-generated writing replacing human writers.

Solidarity and late-night labor norms: Letterman’s decision to keep paying his striking writers set a precedent that late-night hosts in subsequent labor actions faced public pressure to follow.

Significance

The 2007–08 WGA strike lasted 100 days, concluding on February 12, 2008, when members voted to ratify a new contract. The settlement produced increased residual payments for online content distribution and marked one of the earliest formal industry acknowledgments that digital platforms required negotiated compensation frameworks for creative workers. The strike accelerated the growth of unscripted reality television, which was not covered by WGA contracts and continued production throughout the stoppage. It also reshaped subsequent labor negotiations in Hollywood by establishing that internet distribution rights were a core bargaining issue, a principle that shaped WGA and SAG-AFTRA contracts for more than a decade afterward.

The strike intersected with the broader technological disruptions of 2007 — including the Amazon Kindle Launch and the iPhone Launch — that were simultaneously reshaping media consumption in ways that made the question of digital compensation existential for creative workers. In context, the WGA’s fight for new media residuals was one front in a wider battle over who would capture the economic value of the internet’s transformation of entertainment.

Sources