Roberta Flack Falls Ill At Apollo Theater, Rushed To Hospital

Roberta Flack, the songstress and sometimes-actress, cut short an appearance Friday night at New York’s famed Apollo Theater because of illness. She was taken to Harlem Hospital.
The 81-year-old Flack, best known for her monster 1970s hit Killing…

Roberta Flack, the songstress and sometimes-actress, cut short an appearance Friday night at New York’s famed Apollo Theater because of illness. She was taken to Harlem Hospital. The 81-year-old Flack, best known for her monster 1970s hit Killing Me Softly, was appearing at a benefit for the Jazz Foundation of American when she fell ill.  She exited the stage on her own. No immediate update on her condition was available. Flack has appeared on numerous TV shows and…

Amazon.com Limiting Reviews Of James Comey’s ‘A Higher Loyalty’

Reviewers who wish to post a review on former FBI director James Comey’s new book, A Higher Loyalty, may have to find a venue other than Amazon.com.
Only “verified buyers” of the book via Amazon are allowed to post, and some online ch…

Reviewers who wish to post a review on former FBI director James Comey’s new book, A Higher Loyalty, may have to find a venue other than Amazon.com. Only “verified buyers” of the book via Amazon are allowed to post, and some online chatter suggests that low ratings of the book will not make it onto the site. The restrictions apply to print and Kindle book editions. Those who try to post a review and didn’t buy the book through Amazon receive an error message: “Sorry, we…

Saturday’s TV highlights and weekend talk shows: ‘War for the Planet of the Apes’ and more

SERIES Christiane Amanpour: Sex & Love Around the World The veteran journalist visits Shanghai, then Accra, to talk with locals about romance and related issues in back-to-back new episodes. 7 and 8 p.m. CNN Ransom Eric and Oliver (Luke Roberts, Br…

SERIES

Christiane Amanpour: Sex & Love Around the World The veteran journalist visits Shanghai, then Accra, to talk with locals about romance and related issues in back-to-back new episodes. 7 and 8 p.m. CNN

Ransom Eric and Oliver (Luke Roberts, Brandon Jay McLaren) try to rescue a CIA operative...

Writer’s Guild Proposes New Deal That Would End Agency Packaging Deals

The Writer’s Guild of America (WGA) is proposing a new deal to curb conflicts of interest by putting an end to talent agency packaging deals and ventures into TV and film production.

The guild’s proposal, which TheWrap obtained, states: “No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any entity or individual engaged in the production or distribution of motion pictures.”

It also proposes that “no Agency shall accept any money or thing of value from the employer of a client.”

Also Read: Writers Guild Announces ‘Zero Tolerance Policy’ on Sexual Harassment

By packaging deals, agencies receive upfront and back-end fees from companies when they bring together financial elements for a project and various creative, including on-air talent.

Under the guild’s proposal, agencies would revert back to collecting 10 percent commission on writers they represent.

The Association of Talent Agents (ATA) is not likely to agree to the WGA’s proposal without a fight.

Also Read: Slate Employees Vote to Unionize With Writers Guild of America, East

Read the WGA’s proposal points below:

CONFLICT OF INTEREST

a. No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any entity or individual engaged in the production or distribution of motion pictures.

b. No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any business venture that would create an actual or apparent conflict of interest with Agency’s representation of a Client.

c. No Agency shall derive any revenue or other benefit from a Client’s involvement in or employment on a motion picture project, other than a percentage commission based on the Client’s compensation.

d. No Agency shall accept any money or thing of value from the employer of a Client.

e. Agency shall disclose to Client any fact or relationship creating an actual or apparent conflict of interest.

AGENCY-CLIENT RELATIONSHIP

a. Agency shall at all times act as a fiduciary of Client, and shall comply with all fiduciary duties imposed by statute or common law.

b. Agency’s representation of a Client shall not be influenced by its representation of any other client.

c. Agency shall promptly disclose to Client all inquiries, offers and expressions of interest regarding employment or sale or option of literary material, and shall keep Client apprised of the status of all negotiations.

d. Agency shall maintain confidentiality with respect to Client’s employment and financial affairs.

e. Agency shall not submit Client for employment where the employer or producer has not yet secured underlying rights necessary for the assignment.

f. Agency shall be responsive and professional in communicating with client.

Also Read: Vox Media Votes to Unionize With WGA East

AGENCY COMPENSATION

a. Agency’s commission shall be limited to 10% of Client’s gross compensation, including Client’s profit participation.

b. Agency’s commission shall not reduce Client’s compensation below MBA scale compensation.

c. Agency shall not circumvent limits on commissions by charging fees for other services.

d. Agency shall provide quarterly to Client and to the Guild an itemized statement showing in standardized electronic format (i) all compensation received by or on behalf of Client; and (ii) all commissions and other revenue received by Agency related to its representation of Client. Client and Guild shall have the right to audit such statements.

NOTIFICATION TO GUILD

a. Agency shall provide the Guild with a copy of the agreement or essential deal terms of any engagement or other transaction involving a Client no later than 10 days after the earlier of (i) the existence of a binding contractual commitment; or (ii) the commencement of Client’s writing services.

b. Agency shall provide the Guild with immediate notice of Client’s commencement of services or delivery of literary material, or other material fact triggering compensation, and a copy of any invoice or other documentation relating to the payment obligation.

c. Agency shall provide the Guild with copies of all representation agreements with Client.

Also Read: WGA West Set to Develop ‘Mission Statement’ to Address Sexual Harassment, Discrimination

ENFORCEMENT OF MBA AND CLIENTS’ INDIVIDUAL WRITING AGREEMENTS

a. Agency shall not encourage Client to violate any provision of the MBA.

b. Agency shall zealously advocate for Client’s best interests in all aspects of the employment relationship, including but not limited to the following: i. Advocating against Client’s performance of uncompensated or speculative writing services; ii. Advocating in favor of multiple steps in theatrical deals; and iii. Protecting Client from abusive hiring practices such as sweepstakes pitching.

c. Agency shall be aware of and monitor the contractual deadline for the payment of all compensation to the Client, and shall immediately notify the Guild in the event a payment is late.

d. Agency shall cooperate fully with the Guild in any investigation or contract enforcement action undertaken on behalf of a Client.

e. Agency shall not encourage Client to violate any Guild rule.

Also Read: Hollywood PR Chief Kelly Bush Novak Calls for 50/50 Gender Equality Across Industry by 2020

NON-DISCRIMINATION AND DIVERSITY

a. Agency shall comply with all state and federal anti-discrimination laws in its selection and representation of Clients.

b. Agency shall not, without prior disclosure to Client, procure any employment where there is a reasonable basis to believe that the Client will be subjected to a hostile work environment or other forms of workplace harassment.

c. Agency shall take steps to ensure the referral of qualified diverse writers for any open writing assignment.

d. Agency shall consult with their Clients regarding diversity as a factor in their procurement of employment.

e. Agency shall provide the Guild with an annual report summarizing Agency’s diversity efforts and reflecting, through anonymized data, the employment history of writers represented by the Agency, broken down by membership in statutorily protected classes.

ENFORCEMENT OF AMBA Streamline arbitration process in the AMBA to provide for enforcement of its provisions through expedited arbitration through a sole neutral arbitrator. Enhance penalties for breach of AMBA, including loss of franchise for serious violations. Revise list of approved arbitrators.

TERM OF AMBA Term of the new AMBA shall be three years, provided that it shall thereafter renew for one-year periods unless either party gives written notice of termination at least 60 days before the expiration date then in effect.

Umberto Gonzalez contributed to this reporting

Related stories from TheWrap:

Vox Media Votes to Unionize With WGA East

‘House of Cards’ Creator Will Become Next WGA East President

WGA Boards Approve New Film, TV Contract

The Writer’s Guild of America (WGA) is proposing a new deal to curb conflicts of interest by putting an end to talent agency packaging deals and ventures into TV and film production.

The guild’s proposal, which TheWrap obtained, states: “No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any entity or individual engaged in the production or distribution of motion pictures.”

It also proposes that “no Agency shall accept any money or thing of value from the employer of a client.”

By packaging deals, agencies receive upfront and back-end fees from companies when they bring together financial elements for a project and various creative, including on-air talent.

Under the guild’s proposal, agencies would revert back to collecting 10 percent commission on writers they represent.

The Association of Talent Agents (ATA) is not likely to agree to the WGA’s proposal without a fight.

Read the WGA’s proposal points below:

CONFLICT OF INTEREST

a. No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any entity or individual engaged in the production or distribution of motion pictures.

b. No Agency shall have an ownership or other financial interest in, or shall be owned by or affiliated with, any business venture that would create an actual or apparent conflict of interest with Agency’s representation of a Client.

c. No Agency shall derive any revenue or other benefit from a Client’s involvement in or employment on a motion picture project, other than a percentage commission based on the Client’s compensation.

d. No Agency shall accept any money or thing of value from the employer of a Client.

e. Agency shall disclose to Client any fact or relationship creating an actual or apparent conflict of interest.

AGENCY-CLIENT RELATIONSHIP

a. Agency shall at all times act as a fiduciary of Client, and shall comply with all fiduciary duties imposed by statute or common law.

b. Agency’s representation of a Client shall not be influenced by its representation of any other client.

c. Agency shall promptly disclose to Client all inquiries, offers and expressions of interest regarding employment or sale or option of literary material, and shall keep Client apprised of the status of all negotiations.

d. Agency shall maintain confidentiality with respect to Client’s employment and financial affairs.

e. Agency shall not submit Client for employment where the employer or producer has not yet secured underlying rights necessary for the assignment.

f. Agency shall be responsive and professional in communicating with client.

AGENCY COMPENSATION

a. Agency’s commission shall be limited to 10% of Client’s gross compensation, including Client’s profit participation.

b. Agency’s commission shall not reduce Client’s compensation below MBA scale compensation.

c. Agency shall not circumvent limits on commissions by charging fees for other services.

d. Agency shall provide quarterly to Client and to the Guild an itemized statement showing in standardized electronic format (i) all compensation received by or on behalf of Client; and (ii) all commissions and other revenue received by Agency related to its representation of Client. Client and Guild shall have the right to audit such statements.

NOTIFICATION TO GUILD

a. Agency shall provide the Guild with a copy of the agreement or essential deal terms of any engagement or other transaction involving a Client no later than 10 days after the earlier of (i) the existence of a binding contractual commitment; or (ii) the commencement of Client’s writing services.

b. Agency shall provide the Guild with immediate notice of Client’s commencement of services or delivery of literary material, or other material fact triggering compensation, and a copy of any invoice or other documentation relating to the payment obligation.

c. Agency shall provide the Guild with copies of all representation agreements with Client.

ENFORCEMENT OF MBA AND CLIENTS’ INDIVIDUAL WRITING AGREEMENTS

a. Agency shall not encourage Client to violate any provision of the MBA.

b. Agency shall zealously advocate for Client’s best interests in all aspects of the employment relationship, including but not limited to the following: i. Advocating against Client’s performance of uncompensated or speculative writing services; ii. Advocating in favor of multiple steps in theatrical deals; and iii. Protecting Client from abusive hiring practices such as sweepstakes pitching.

c. Agency shall be aware of and monitor the contractual deadline for the payment of all compensation to the Client, and shall immediately notify the Guild in the event a payment is late.

d. Agency shall cooperate fully with the Guild in any investigation or contract enforcement action undertaken on behalf of a Client.

e. Agency shall not encourage Client to violate any Guild rule.

NON-DISCRIMINATION AND DIVERSITY

a. Agency shall comply with all state and federal anti-discrimination laws in its selection and representation of Clients.

b. Agency shall not, without prior disclosure to Client, procure any employment where there is a reasonable basis to believe that the Client will be subjected to a hostile work environment or other forms of workplace harassment.

c. Agency shall take steps to ensure the referral of qualified diverse writers for any open writing assignment.

d. Agency shall consult with their Clients regarding diversity as a factor in their procurement of employment.

e. Agency shall provide the Guild with an annual report summarizing Agency’s diversity efforts and reflecting, through anonymized data, the employment history of writers represented by the Agency, broken down by membership in statutorily protected classes.

ENFORCEMENT OF AMBA Streamline arbitration process in the AMBA to provide for enforcement of its provisions through expedited arbitration through a sole neutral arbitrator. Enhance penalties for breach of AMBA, including loss of franchise for serious violations. Revise list of approved arbitrators.

TERM OF AMBA Term of the new AMBA shall be three years, provided that it shall thereafter renew for one-year periods unless either party gives written notice of termination at least 60 days before the expiration date then in effect.

Umberto Gonzalez contributed to this reporting

Related stories from TheWrap:

Vox Media Votes to Unionize With WGA East

'House of Cards' Creator Will Become Next WGA East President

WGA Boards Approve New Film, TV Contract

Geffen Records’ Neil Jacobson on the Power of Avicii and Plans for Unreleased Music (EXCLUSIVE)

News of Avicii’s death on April 20 has hit the music industry hard — not just because he was one of the most successful dance music producers of the last decade, but also because Tim Bergling, the man behind the EDM moniker, was beloved as …

News of Avicii’s death on April 20 has hit the music industry hard — not just because he was one of the most successful dance music producers of the last decade, but also because Tim Bergling, the man behind the EDM moniker, was beloved as a human being. Among those closest to Avicii were the […]

Weinstein Co. Adds Board Member to Navigate Bankruptcy Sale

The Weinstein Co., which is two weeks away from a bankruptcy auction, appointed a new board member on Friday who will weigh in on the sale. Ivona Smith is a consultant at Drivetrain Advisors, a firm that provides independent board service for companies…

The Weinstein Co., which is two weeks away from a bankruptcy auction, appointed a new board member on Friday who will weigh in on the sale. Ivona Smith is a consultant at Drivetrain Advisors, a firm that provides independent board service for companies in bankruptcy. According to a statement on Friday night from the Weinstein […]

The Weinstein Co. Names Executive With Experience In Restructuring To Board Of Directors

The Weinstein Co. has appointed Ivona Smith, an executive with experience in corporate restructuring and working with distressed assets, as an independent director.
The Board made the decision to add an additional independent director as part of its on…

The Weinstein Co. has appointed Ivona Smith, an executive with experience in corporate restructuring and working with distressed assets, as an independent director. The Board made the decision to add an additional independent director as part of its ongoing discussions with the Unsecured Creditors Committee in the company’s chapter 11 bankruptcy proceedings. “We are delighted to welcome Ms. Smith to our Board,” said Chairman Robert Weinstein. “Ms. Smith brings not only…