What Constitutes Writing on a Talk Show?
We've been learning so much about contract intricacies this Hot Labor Summer
The question I’ve been asked, and have been asking, most frequently this week is: What defines “writing” on a talk show?
A fine query in these times. As Hot Labor Summer turns to Endless Union Summer (someone please re-brand this), we are all continuing on our months-long educational voyage through the intricacies of labor contracts and guild rules. (Fun.) Drew Barrymore, Bill Maher, Jennifer Hudson and The Talk all reversed course and hit pause on production of their shows following public outcry, though they have explained the reversals in different fashions — Barrymore apologetically, Maher supposedly because negotiations are restarting, and The Talk for… reportedly no stated reason at all.
As many of us learned last week, talk show hosts are generally covered under SAG-AFTRA’s Network Code contract, a separate agreement from the guild’s TV and theatrical contract currently the center of the performers’ strike. But perhaps somewhat confusingly, talk show writers are covered under the Writers Guild of America contract that is presently being negotiated, which means any WGA-signatory talk show returning to production is doing so without their guild writers.
Some talk shows do not employ WGA writers. In her first episode since the strikes began, Sherri Shepherd defended her decision to return to her eponymous daytime talker, Sherri. “Talk shows in general fall under a different union contract code, so we’re allowed to come back unless you’re a WGA show,” Shepherd told her audience. “The Sherri show is not a WGA show, and we have never employed WGA writers, so us coming back to work isn’t crossing the picket line.”
Dancing With the Stars, meanwhile, has received heat over returning for its 32nd season, as the show attempts to keep its 500-person crew employed. The dance competition series has one WGA writer on staff, who aids the hosts. “Everyone’s focus is to keep 500 people employed,” one production source told Variety.
The View has been chugging along all summer. But picketing the show has reportedly ramped up in the wake of the scrutiny of its peers.
Which brings us back to our original question. The View co-host Whoopi Goldberg said in May that without writers, the hosts were “still writing things on cards” and jotting down notes to themselves.
Well, isn’t that… writing?
The studio-side explanation for the talk shows’ resumption has generally been that the programs will continue without “literary material,” i.e. any written introductions for the hosts or monologues or other prepared remarks.
But that has drawn skepticism from writers.
“These shows don't happen without somebody planning what goes on camera, without somebody deciding what order to say things and things like that,” said WGA strike captain and lot coordinator Andra Whipple outside the CBS Radford studio picket line Monday. “Especially a live show where they only have the audience in there for an hour, with The Talk, it's sort of goofy to even imagine that there wouldn't be writing happening.”
But the WGA considers anything that isn’t extemporaneous to be writing, whether that’s anything written on a cue card, a teleprompter or interview questions.
In any case, Radford picketer TV writer Ingrid Escajeda said that people “absolutely should be” forgiving of Barrymore, given her reversal.
“Something that's very, very important is the attitude we're having towards the hosts that are deciding to pause their show,” she said. “I think it's fantastic and I think that they should be celebrated for doing that. I think it's really important to encourage change of hearts and recognize that you made a mistake. I think that's something that happens in the country at large. And just being able to turn around and encourage people to say, ‘I made a mistake, and I have now corrected that.’ I think it's great.”
Additional reporting by Matthew Frank.
Today in Strike News
In Britain, the filming home of blockbusters such as Barbie and Deadpool 3, the country’s union for behind-the-scenes creative workers polled its constituency and found that 80 percent of them have been affected by the strikes. (New York Times)
During an interview on CNN, California Gov. Gavin Newsom expressed his optimism as the two sides of the strike prepare to meet again on Wednesday. “I’m encouraged by the conversations over this last weekend, [but] I’m not going to overstate that,” he said. “And I’m encouraged that they’re meeting later this week.” (The Wrap)
Now that VFX workers have unionized at Marvel, the newly created labor group is intent on broadening the scope of visual effects labor protections to everywhere it’s needed. “This is not the finish line,” says Cael Liakos-Gilbert, lead data wrangler on Marvel’s strike-delayed Thunderbolts. “This is us leaving the starting gate and launching a massive campaign… If there is skepticism from the rest of the community, your time is coming.” (IndieWire)
WGA West president Meredith Stiehm cruised to a victory on Tuesday, earning 89 percent of the votes in her campaign to remain in the position she’s held since 2021. (Los Angeles Times)
The Showrunner Fundraising Match, launched last week, has already barreled past its $500,000 goal, with all donations going to the Entertainment Community Fund for those out of work who aren’t on strike. (The Hollywood Reporter)
Additional reporting for Today in Strike News by Matthew Frank.
Disclosure: Elaine Low is an inactive SAG-AFTRA member.
Picket Sign of the Day
Picket line “horse power” at WB.
Elaine, even though these talk shows are claiming they aren't using WGA Writers aren't the Hosts members of SAG-AFTRA? Aren't they violating their actors Guild?