Tuesday, January 08, 2008

Axium Payroll Services Implodes

I planned to get out to the studios this afternoon, but a bunch of phone calls re this stopped me:

Axium International, the industry's largest payroll services providers as well as a source for production and gap financing, has closed its doors indefinitely.

The company's home office on Wilshire Boulevard as well offices in Burbank, New York, Vancouver, Toronto and London are quiet, with employees told via e-mail not to show up to work starting Tuesday.

Cartoon Network has payrolled through Axium like forever. Ditto Richcrest Animation.

I'm informed Starz Media (Simpsons, King of the Hill, etc.> recently moved its payroll operations from the payroll company Entertainment Partners to Axium. Today I've been told Starz Media has moved its payroll back to Entertainment Partners.

They sort of had to. There's not much of anybody at ol' Ax to answer the phone.

Right now we're in the process of trying to sort things out from our end of things. There's a bunch of pension contributions that need to be made, and our goal is to insure that nobody gets shafted in the fallout from all this.

There's lot of speculation about why Axium went down so abruptly, but no hard facts. I'm guessing there was a chronic cash flow problem.

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The Joys of Pitching and Development

This little item was sent to me by a longtime animation artist with intimate knowledge of the joys of having a hot idea and pitching it to corporations who have the money to develop the thing ....and also the executives to help "improve" it:

And yeah, it's kind of focused on live action television, but it applies to animation as well. Just ask development artists.

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Monday, January 07, 2008

Striking the House of Labor??

I always enjoy Craig Mazin's blog The Artful Writer. (And enjoyed the comments section back when he had it.) Today's post about unions, negotiations and following written rules has some good things in it, also an item that makes my neck hairs stand at attention:

... In a stunning display of awful timing, miserable management and overall incompetence, not-soon-enough-to-be-retired WGAE Executive Director Mona Mangan has somehow managed to enrage her own employees so much…they’re now threatening to go on strike.

Apparently, Mona negotiated a contract with her staff’s union. They ratified the deal, but then Mona apparently decided to change some of the terms of the agreement after it was ratified, which is sort of like the seller trying to hike the price of an eBay item after the auction closes ...

Because she is apparently reneging, and because her staff’s union is rightly refusing to sign a new, lesser deal than the one she already agreed to, Mona decided to delay paying her staff their Christmas bonuses.

The word that comes to mind is “Jesus!” ...

This little dust up, of course, has hit the media here and there, but not in a BIG way. But it kind of doesn't throw a good light on the House of Labor, and sort of plays into the hands of the AMPTP.

Some years ago, a studio exec chortled to me: "Yeah, labor unions. Scream and yell about worker rights. But they usually treat their own staffs like shit."

I always cringe when it turns out to be true.

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At Starz Media

My morning was spent at what used to be the Film Roman studios ... and is today known in many circles as the House of Homer and Marge. Work on The Simpsons series is slowly, steadily winding down ...

As each unit working on its respective show completes that episode's animatic (storyboards on a digital reel), work for those artists is finished, since no revisions can take place without the writers. And so it's layoff time.

The designers told me they have about two weeks left, then it's "adios" until the WGA strike is over. So who's hiring out there?" a couple of artists asked me. I gave them a short list of candidates and wished them good luck.

Naturally I get lots of questions about "how long will it last?" "What's the news?" Sadly, I don't have any. I can speculate with the best of them, but I've got no hot information and am basically as ignorant as a freshly-hatched chick.

Some of the speculation directed my way was how hairy the future work load might be if, at the end of the WGA strike, Simpsons artists have to rush to finish the old, half-completed season while also working on a new order of episodes. "If that happens, it'll be just as crazy for us around here as it was last year, with the feature and series going at the same time."

One director wondered aloud if this might be the one time when TAG writers were happier to be IA than WGA, since at least they're working. I said: "You'd have to ask the writers. Everybody probably has a different opinion."

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Sunday, January 06, 2008

The Other Question: "What About Outsourcing?"

Rambling around the studios last week, it wasn't just the current strike that came up. There was also the issue of studios shipping animation work overseas.

An artist on a cigarette break out in the drizzle asked me about this. I explained that subcontracting work overseas (and elsewhere) has been an issue for decades, that the Animation Guild went on strike twice over it ('79 and '82, which was news to him) and that outsourcing hasn't gone away.

"So where do you think's going to happen with it?" he asked.

My answer was: "It'll continue. But the work isn't all going to China, or Taiwan or India, because when you ship work to other places you begin to lose control of quality, and studios want to have control.

Then there's the minor issue of the falling dollar and the changing economics. That also make it less appetizing to ship work to Timbuktu. And if a studio is being successful with their domestic model, they're usually not keen to change it in drastic ways. And of course companies want a reliable and skilled talent pool. That's why Electronic Arts has a large studio in Playa Vista and not Bangladesh."

But this globalization thing is a subject that often comes up. (It's been a subject for animation people since the early seventies, at least.) And my overall take on it is this:

In 1960, 100% of American animation was done in ... (drumroll) ... America. And most of that in Los Angeles. Disney did all of its features here. Hanna-Barbera did all of its t.v. work here, from boarding, to animating, cell-painting, post-production, everything.

But the total animation business in those long-ago days was not large, only a few thousand people, comprised of commercials, features, and television series.

And now here we are almost half a century later, and 100% of American animation is most definitely not done in the U.S. of A. Korea has a piece of it, Taiwan and the Phillipines have some of it, India and New Zealand and mainland China are in on the act. Yet despite that, there are nine or ten times the number of people working on animation in Los Angeles, San Francisco, and a few other American cities than there were in 1960.

Now, how could that be?

Because the overall animation pie is one hell of a lot larger. Today "animation" is theatrical animated features, television animated series, animated features for dvds, animated visual effects, video game animation, animated commercials, and plenty of internet animation. (And I'm probably leaving a few things out.)

A lot of those things didn't exist when Fred Flintstone and Yogi Bear were gleams in Joe Barbera's and William Hanna's eyes. And animation's global success in recent decades has meant other countries are increasingly serious about their own animation industries. Like for instance:

NEW DELHI: It's going to rain animation movies on Indian celluloid, with all major studios and animation companies lining up a slew of releases to keep one entertained till 2009. According to industry estimates, more than 25 movies are up for release in 2008 and 2009. According to Nasscom estimates, the animation industry is likely to become a $950-million business in the country by 2010 ...

Let me point out that this is what India is making for domestic consumption, not the product it's turning out for American companies like Disney and the Weinstein Co.

The above is an indicator of why, despite outsourcing, the American animation industry grows ever larger. We might only have a fraction of the pie today, but the pie is monstrous compared to 50 years ago. And there's lots of talent in this neck of the woods that corporations desire to use.

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The Oncoming DGA-AMPTP Talks

I walked through several studios after New Year's, and of course one of the big questions continues to be: "How long will the Writers Guild be out?"

My answers always include variations of the following:

1) Nothing happens with the WGA until the DGA-AMPTP talks start-finish. (Whenever that may be).

2) The DGA ends up with a deal the WGA likes, the strike is shorter. The DGA gets a deal the WGA hates, the strike is longer.

3) The DGA gets no deal at all, wagers re length of job-action(s) are suspended.

So now it appears the Directors Guild and AMPTP will be jawing across the table soon:

The Directors Guild of America has begun casual contract talks with the studios, and an announcement of formal negotiations appears likely within the coming week ...

Discussions between the directors and studios thus far have primarily involved conference calls, with little face time among those who will sit at the bargaining table...Sources said it appears the informal talks could last well into next week. But once the informal phase is over, the start of negotiations would be almost immediate.

I've heard speculation that the DGA-AMPTP talks will be contentious and lengthy. I agree that they'll be contentious (in a business-like way), but I'm not convinced they'll be lengthy. The AMPTP has motivation to get to an agreement faster rather than slower, the better to turn around and wave the signed parchment over its head at SAG and the WGA:

"You see! We can negotiate a mutually satisfactory agreement! What's wrong with you people?!"

Within four to eight weeks, we'll see how right my prediction is.

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Saturday, January 05, 2008

Your New Year's B.O.

Frenetic holiday box office rolls into its final weekend as kids indulge one last spasm of movie-going before going back to school.

National Treausre stays at the top of the heap, as of Friday night raking in a total of $157.2 million on its way to the $200 million club...

Juno and I Am Legend finish two-three. The Vancouver prego comedy has now earned $41 million, while Legend has collected $217.5 million.

On the animation front, Alvin and the Chipmunks hangs tough at #5 and a $165.4 million total. Enchanted drops to lucky #13 and a $117.2 million total...

Update: The freneticism has clearly subsided. National Treasure takes #1 with a mere $20 million, and Will Smith (Legend) has elbowed past the with-child Ellen Page (Juno) to lay claim to the second spot.

But Keira Knightly (Atonement, minus pirates or Johnny Depp, has the highest per-screen average with $8,789. Nevertheless, Nick Cage still rules.

And in 'toonland, Alvin and the Chipmunks stands at #4 and $176.7 million, The Water Horse (#8) has collected $30.9, while Enchanted (#13) is just shy of $120 million.

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Weekend LinkFest

Your end-of-week links to various 'toonish articles that may or may not inform and/or amuse you ...

Like for instance this silly opening paragraph to a VARIETY article, "Actors lend more than voices to toons":

As filmmakers blend elements of live action, traditiona forms of animation, CG, motion capgure and other filmmaking technologies, actors and animators have become close collaborators in creating performances.

Just kill me.

It's like the performances of Marge Belcher (aka Champion) for Snow White, Hans Conreid for Peter Pan, and whoever that forgotten actor is in Gullver's Travels just never freaking happened on film, because the trade papers and most of the corporate media keep thinking this mo cap thing is just so gosh darn new. But the piece does have worthwhile bits...

..."Great animators have the same skills as a great actor because they understand how much can be communicated with just the raising of an eyebrow," [Brad Bird explains].

James Baxter, supervising animator on Disney's "Enchanted," agrees and found himself gathering a lot of inspiration from the live-action reference footage given to him.

"We were taking living actors and trying to create sort of traditional 2-D animated versions of them," Baxter says. "They were trying to behave -- in real life -- as though they originated in that traditional animated world, so there was interplay and we were inspired by each other." ...

It's probably pointless to explain (yet again) the glories of rotoscope, and how long those glories have been around. Reporters just look at you as though you stepped off the interstellar shuttle from the Planet Xernon.

Alvin and Co. make "Biggest Movie Mistakes of '07" list, although this does not prevent Fox executives from turning more handsprings as the "A and C" grosses pile up:

Must Hollywood ruin everything about my childhood? What's next? Muppet Babies? Captain Planet? The Critic? The Tick? They've already sucked the life out of The Power Rangers. What else would they tarnish? And then they answered: Alvin and the Chipmunks ...

And Jason Lee is in Alvin and the Chipmunks! I loved you in Dogma. What's the deal, man? ...

Forget penguins as cgi characters. Polar bears, despite being Godless killing machines, are the coming thing:

Knut, Germany's celebrity polar bear, is poised to feature in a Hollywood film which could bring Berlin Zoo hundreds of thousands of dollars ...

... Producer Ash R. Shah, who has made animated films about Garfield, the ginger cat, has offered the zoo $100,000 to make a cartoon with Knut starring in the main role ...

And look who's getting protectionist and interested in government subsidies for its domestic animation industry. South Korea!

The domestic and international successes of Korean produced animation for both television and feature film markets reached a fever pitch in the 2007-year, and according to media reports, could serve as the ideal springboard for regional artists to break out further.

"In step with Korean animation's rising status, the government plans to provide various benefits to related small and medium-sized producers," Yoon Sojung, a Korea.net staff writer commented in a recent article. "By the first half of 2008, it will extend the domestic animation quota system for national broadcasters to cable networks to stimulate more animation content." International co-productions and domestically produced videogames will also become an area of emphasis for financiers of the creative, moving picture arts.

I guess it's just not enough that they animate The Simpsons Movie and the related teevee shows...

And besides the theatrical grosses, here is yet another reason that, when the WGA strike ends this year or the next, there will be a Homer and Marge 2.0 put into production, and artists going back to work:

"The Simpsons Movie" ruled the national sales chart for a second week, while "Rush Hour 3" and "The Kingdom" bowed at No. 2 and No. 3, respectively, according to Nielsen VideoScan data issued Thursday...

And now that Your Corporate Media has finished dissecting the Iowa Caucuses, it turns its attention to the Winner and Losers of Movieland in 2008:

March: Fox's animated "Horton Hears a Who" has the voice of Jim Carrey ... June: Another month of would-be blockbusters includes DreamWorks Animation's "Kung Fu Panda" ... But never bet against Disney's Pixar animation team, whose next is the robot tale "Wall-E." ...November DreamWorks' "Madagascar" sequel appears imposing ...

Hmm. No mention of Disney's Bolt. I'm sure it's an oversight.

Have a fantabulous weekend.

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Friday, January 04, 2008

Unions helping members survive the WGA strike

Mr. Jeff Massie, my assistant, TAG Recording Secretary and self-styled Lord High Everything Else (an unelected position he holds in his head, and who am I to pull him out of his hallucinations?), returned this afternoon from a confab of IA unions at Local 80 that's offering assistance to members affected by the WGA strike. Here's his report:

There are now several programs for unemployed members of Hollywood labor unions. Some of these programs (but not all) are specific to those who've lost jobs or been laid off because of the WGA strike ...

Labor Community Services AFL-CIO (LCS), the assistance program of the LA County Federation of Labor, will be offering one-time grants to assist with payment of gas and electrical bills. To qualify, applicants will have to be members of a Hollywood labor union, and priority will be given to those unemployed due to the WGA strike.

You must have received a final bill or shut-off notice from SoCal Edison, the Southern California Gas Co. or the DWP. LCS will be opening an office every Friday at the IA Local 80 offices, and an advance appointment will be necessary. Contact IATSE Local 80 at (818) 526-0700 to make an appointment and for further information.

Larry Reed of Los Angeles Neighborhood Housing Services can offer assistance in advising members in danger of foreclosure or eviction.

We all know the Employment Development Department is where you go to apply for unemployment insurance, but they also offer a wide range of services to help with temporary and permanent job placement.

In Los Angeles County, there are thirty-seven One-Stop Career Centers with a wide range of free services such as job services, Unemployment Insurance assistance, vocational education and vocational rehabilitation. Among the local centers are those in Burbank, Canoga Park, Chatsworth, Glendale, Hollywood, Palmdale, Pasadena, Sun Valley and Van Nuys (818-781-2522). For a comprehensive list of One-Stop Career Centers in California, download this PDF file (pages 20 through 28 are Los Angeles County).

Workers on strike aren't entitled to unemployment benefits. But people who lose jobs because of another union's strike (such as Fox Animation or Film Roman/Starz Media employees laid off because of Fox/WGA animated shows getting struck), are entitled to UI.

So, unless you're a striking writer you should NOT tell the EDD that you lost your job because of a strike -- it'll screw up your claim.

I'll post more as resources are developed and expanded; for example, there will soon be a webpage with specific information for union members affected by the WGA strike. Stay tuned ...

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Big Grosses, Smaller Production Costs

Jeffrey Katzenberg was famous back at Disney for telling the animation staff, "Do it faster, better, and cheaper." Fine sentiment, but often hard to do. However, it appears that some studios in the year just past managed to accomplish a pretty good approximation of that philosophy...

... Twentieth Century Fox may have come in last in marketshare among the majors for the year, but Fox, along with Disney, saw strong gains in meeting specific business-plan goals and turning out consistently strong film slates ...

While other studios spent upward of $200 million on various 2007 tentpoles, Fox didn't. "The Simpsons Movie," the studio's highest-grossing 2007 title, cost $75 million to make, and grossed $183.1 million ...

...[W]hat makes Disney's 2007 slate interesting is the fact that it wasn't just the big-budget event pics that did brisk biz. "Wild Hogs," a Touchstone release, came out of nowhere to do $168.3 million domestically, while innovative princess tale "Enchanted" did $110.6 million. Family sports comedy "The Game Plan" was the hit of the fall, grossing $88.8 million ...

I've always found it amazing what movies cost, especially after factoring in the fees for above-the-line talent. A few years ago, Kenneth Branagh filmed an uncut version of Hamlet, with cameos by lots of higher-level and mid-level stars who wanted to be in it (all working for scale). Total cost: $15 million. And the sets were big and sumptuous and it didn't remotely look "cheap."

Gives you an idea of the actual costs of features once you strip out studi overhead and above-scale deals. In retrospect, I marvel at Woolie Reitherman's lament to the Disney animation story crew in 1977: "Cripes. The Rescuers cost $7 1/2 million! $7 1/2 million! We gotta find a way to rein in costs. We just can't keep spending so much money!"

Addendum:The Rescuers, over-budget though it might have been, went on to gross $48,775,599 during its domestic run. (In those far-off days, it had a weird release pattern. A few hundred prints, flipping from the eastern half of the U.S. to the western half with a "Love Bug" picture.)

The feature made as much or more overseas. So Disney got a nice return on its $7 1/2 million.

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Thursday, January 03, 2008

"Getting Started"?

Since somebody asked "How do you get started" a couple of notches down, I here respond to the question.

My answer is: "A million different ways." Which the disgruntled might equate with "I haven't a clue," since it's almost as vague. But let me explain...

There's a few baseline requirements everyone must have to break into the animation biz ... or any biz.

One. You need a basic mastery of skills within the area for which you want to be hired. If you want to be a design artist, you need to know how to draw and render with a pencil, know mechanics and design, know how to use the appropriate computer software.

If you want to be an animator, same thing. Artistic skills, animation skills (squash, stretch, acting), knowledge of Maya or whatever software package a given studio is using.

And if you're a writer, it's useful to know the lessons of "Elements of Style," know story arcs, how to structure dialogue, know nouns and verbs and various kinds of word modifiers.

Etcetera, etcetera.

Most everybody already is familiar with these things, so I'm not imparting a whole lot of valuable wisdom. But I've kicked around these parts a long time, and found out stuff. So here's where the advice gains a little more weight.

To start: Since you get hired (mostly) based on your skill sets (derived from innate talent, training and job experience, if any), it's useful to know how good your skills actually are. The problem for many young creators is, they reflexively believe their creations to be top-notch because they created them..

Well, maybe your drawing of Willie the Wacky Wombat is beyond compare, but maybe it sucks. A good reality check is to create something, put it away for a few weeks or month, then peer at it again. Now how does it look? Still totally wonderful? Something less than wonderful? (Maybe you can find somebody who's opinion you value who is brutally frank. But that is sometimes hard to do ...)

Summation: Make (or get) an honest assessment of the awesomeness of your chops. How you stack up against the competition. Tailor your expectations accordingly.

Two. Assuming your talents are solid, and your work ethic is productive and energetic, there's another thing you need. That thing is not being an annoying asshole.

With job interviews, the non-asshole shows up on time, dresses appropriately, answers questions honestly and professionally. And doesn't natter on and on.

After the non-asshole is hired, he or she works to be a "team player," appears optimistic and enthusiastic even when she or he might not be, and delivers what the supervisor wants, even if the desires of the supervisor seem stupid.

I've had more than one artist come through my office, complaining about how awful their boss was. About how he "wouldn't know good work if it bit him in the ass," how he was a dolt, how his talents were non-existent. Years ago, a storyboarder ranted to me about how his supervisor didn't want nipples on a character, and how that was completely wrong: "You gotta have them! For construction! Guy's a moron!"

I looked at him and said: "Okay, you've got a decision to make. Do you want to keep the nipples on and be right, or do you want to have a job? Because I don't think you can have both."

Summation: Learn how to be a pleasure in the workplace. Even if you have to build a sunny, Potemkin personality around your surly, sarcastic real one.

Three. Connections are important. Networking is one of the better things you can do for yourself. Socialize at work, go to industry functions, hobnob with co-workers after hours. In this project-to-project labor environment, most people move around a lot, and it's a good idea to keep in touch. You never know when that hard-charging assistant you befriended in 1997 might need your boarding skills for that indie feature he's in charge of. Old art school classmates still give one another boosts in the workplace, thirty years on.

Summation: Keep in touch. That dorky friend from high school may come in handy one day.

Four: Keep your skills up to date, keep adding to them, and never, ever stop learning. Background artists today need to know photoshop as much (or more) than they need to know paint tubes and brushes. Board artists need to be able to draw on a Cintiq.

Summation: The more arrows you have in your quiver, the more employable you'll be.

Lastly. Many things in the animation business are beyond your control. The strike zones for getting jobs and keeping jobs continually expand and shrink, based on the way t.v. shows and features perform in the marketplace. The artists who went to work at hole-in-the-wall Klasky-Csupo on a show called "The Simpsons" in 1990 had no idea Homer, Marge et famille would still be earning them a living eighteen years later.

Disney Feature artists who told me in 1995 they'd spend the next twenty years with the Mouse House today ruefully know, even as they pick up freelance work at Nickelodeon while waiting for a staff gig at Cartoon Network, that the rock solid job at the Tiffany of animation studios didn't quite pan out the way everyone (including me) anticipated.

And nobody in his wildest imaginings could have foreseen, back when Ronald Reagan was President, that the video game industry would end up far larger than the entire movie business.

The victories and defeats which the marketplace will bestow one, or five, or ten years from now on the companies for which we work is unknowable, and will always be unknowable. As a grizzled animation veteran said to me decades ago: "What you need to survive in this business is talent, luck and hard work. And if you have a lot of one of those, you need way less of the other two."

His analysis is as true now as it was then. The big three for every mortal are: the gifts God hands you as you slide down the birth canal, good fortune, and a capacity for work. Focus on those things you can control, and ignore the things you can't. Because otherwise you'll make yourself crazy.

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Learning Animation In the Age of Web

Everybody thinks of Cal Arts and Sheridan when they think of animation training. But here's another educational route to Toonland:

Animation Mentor, founded in Berkeley by veterans of Pixar Animation Studios and Industrial Light & Magic, teaches students how to create animated characters. The school offers an 18-month Web-based course in drawing characters from the basic to the complex ...

Animation Mentor also differs from nearly all other such schools in another key aspect: Its classes are offered entirely and solely via the Internet...

Some of the most talented animators in the industry help teach the students. Paasche said his training includes instruction from an individual who is a Disney legend and who was mentored by Eric Larson, one of Walt Disney's original "Nine Old Men." ...

...[T]he school ... makes sure its students are trained in the basics of creating compelling characters. Those sorts of skills are essential, even in today's world of digital animation that often emphasizes gee-whiz technologies and touts entire movies created on computers.

The internet isn't just disassembling brick-and-mortar music stores. It's wreaking change in brick-and-mortar education as well.

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Wednesday, January 02, 2008

The Employee as "Independent Sub-Contractor"

This hasn't come up in awhile, but I share the e-mail below because it's important to know the difference between "employee" and "independent contractor." And because if you know the rules, you can (hopefully) avoid getting shafted.

Dear Steve,

Maybe you can help a friend of mine with some advice, even though he's never been a union member. He recently finished a short-term job at a small CG house. He was hired as a freelancer with no benefits and no payroll deductions, even though he worked in house. He only animated, and all his work was directly supervised. My first question is, is that legit? ...

Nope. If you're in-house, using the company's equipment, and some bozo there is looking at your work and telling you what to do, then you ain't a freelancer (i.c.). What you are is an employee, and you should have filled out a W-4 and an I-9. And you should have income taxes taken out, Medicare and Social Security taxes taken out, the whole eight-and-a-half yards.

... When they hired him they promised there'd be no overtime, but of course there was lots of OT. Instead of being paid for it, they kept track of his OT as comp time. He racked up a lot of comp time. They let him go before he'd used the comp time ...

You don't say.

But here's the deal. Promising someone no overtime work indicates the employing entity viewed the individual as an ... how do I say this? ... employee.

Otherwise, why raise the issue of overtime?

Generally, overtime is due for hours worked over eight (8) hours in a day (state law) and over forty (40) in a week (federal law). Both laws apply. The employee (and we assume here he's an employee, not an independent contractor -- a.k.a. freelancer) is owed overtime for hours worked.

Then his last check bounced ...

I'm like, totally shocked.

More questions: is it true comp time isn't legal in California? Is it true that the studio owes him time and a half for all those hours? Is it true that they owe him a penalty for not paying it on time?

Whoo. So many inquiries. Here's where I get legalistic and windy (with the assistance of an actual lawyer named Mr. Libicki), so moisten up your eyeballs.

For the most part, compensatory time off in California is rigidly limited and subject to California Labor Code §204.3. An employer may provide comp time under state law if four conditions are met:

1. It must be provided pursuant to a CBA or if the former is not applicable, a written agreement with the employee must be entered into before the performance of the work.

2. The employee has not accrued in excess of 240 hours of compensating time.

3. The employee has requested in writing compensating time in lieu of overtime.

4. The employee must be regularly scheduled to work no less than 40 hours per week.

There are other rules set forth in that section of the Labor Code too numerous to mention just now. On the other hand, federal law bars the payment of compensatory time off as payment for overtime hours for private sector employees.

However, by requiring the employee to take 1 1/2 hours off for each hour worked in excess of 40 within a workweek in the same pay period in which the overtime is worked, the employer can regulate the employee's earning to produce virtually the same total earnings as if the employee has worked only 40 hours in each workweek in the pay period. (Simple, no?)

Failure to pay overtime due may result in the payment of "liquidated" damages under federal but not state law. California law, Labor Code §201.5(b) states that an employee engaged in the production of motion pictures (broadly defined in §201.5(a)(4) and would include those in the animation industry) is entitled to receive payment of the wages earned and unpaid at the time of the termination by the next regular payday. Such wages may be mailed. §201.5(c). Termination includes discharge, layoff, and completion of assignment.

If an employer "willfully" fails to pay in accordance with §201.5, the wages shall continue as a penalty from the due date at the same rate until paid but not to exceed 30 days. You can file a claim with the State Labor Commissioner for wages and penalties.

You can also sue independently, and there are firms out there which will take those kinds of cases, and there are no doubt a few who specialize in these cases.

Is there any recourse for the bounced check?

I've heard that in the entertainment industry, companies have to pay all money owed promptly at layoff, or else they're liable for damages, and that there are law firms that specialize in getting that money. True?

So glad you asked. California Civil Code §1719 covers bad checks. There is a $25 fee for the first bad check and $35 for each subsequent bad check. There is a potential for obtaining three times the amount of the check not to exceed $1,500. You would probably do that in small claims court unless there were a class of people involved.

Last thought. The area of wages is fairly technical and may involve both federal and state laws. And I'm sure not going to hit every little thing here exactly right because I don't know every little detail.

But I've thrown out enough to chew on, yes?

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The FIRST Linkage of 2008

Happy New Year! May the next 364 days find you happier, wealthier and all around more contented than '07. And if that doesn't come to pass, try to be upbeat anyway.

And now, the first linkage of the 8th year of the new millenium ...

Sony Pictures Home Entertainment released a new animated feature last month. I didn't hear about it, my close friends failed to give me a heads up, but now the Gainesville Daily Register reviews it:

... It looks great, the music is great, it’s utterly bizarre ...

... “Paprika” is an adult oriented social commentary about the subjective nature of reality. That is, two individuals can look at an object or person and while they see the exact same object, they perceive an objected colored by their experience ...

This film is sort of like an “R” rated Disney on D-lysergic acid diethylamide — LSD ...

... One critic known for his anime penchant said, “”Paprika” is a mind-blowing, pulse pounding extravaganza of wildly imaginative dream-state imagery that deserves every accolade heaped upon it.”

So ... run right out and pick up your copy today.

Shrek the Third is the #1 film for 2007! On Malta! (and #2 in Aux Etates Unis. See earlier post.)

Robert Iger shares his secrets of success (from a month back):

... I get up at 4:30 in the morning, seven days a week, no matter where I am in the world. It's a time of day when I can be very productive without too much interruption ....

... drive myself to and from work. I love the privacy. It's one less person to talk with.

(Damn. I do those things too. Drive myself to work. Get up at half past. Except it's six not four. But maybe I'm on the right track...)

Further north, Brad Bird weighs in about animation writers ... and writing in general:

... "The whole question of writing for animation is skewed ... There isn't a giant difference between animation and live action. You need characters, stories, themes. It's called good storytelling."

..."I write scripts first, before the work gets to the storyboarding stage. But I write with the knowledge of what animation can do." ...

It's simple really. Board artists (Bill Peet, Vance Gerry, etc.) create characters and write. Animation writers create characters and write. Sometimes the end product turns out very well and sometimes not. But board artists don't necessarily make it good and animation writers don't necessarily make it bad. Capturing lightning in a bottle (creating an excellent movie) is never easy. No matter who's doing it.

Now it's official. A mess of movie conglomerates did very well in the movie business this year:

... six majors crossed the $1 billion mark at the domestic box office in the same year, besting the previous mark of four studios.

The sixth studio crossed the threshold at the last minute: With the coin earned over the weekend from "Alvin and the Chipmunks" and "Aliens vs. Predator -- Requiem," 20th Century Fox passed $1 billion and joined Par, Warner Bros., Disney, Sony and Universal ...

And may you break personal bests in 2008. Enjoy the first workweek of the new year. Whatever else the sucker is, at least it's short.

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Tuesday, January 01, 2008

Meanwhile, Back at the Union Wars

So Dave Letterman and Worldwide Pants have made peace with the WGA and return to the air tomorrow with a full complement of writers ... and big stars:

Donald Trump has been bumped for Robin Williams by David Letterman. Although it was heralded that Trump would be Letterman’s first guest on his return show, Dave has bigger fish to fry as his WGA deal gives him access to stars Leno and Conan can’t touch ...

It’s smart for Letterman and his savvy producers to go with Williams, to emphasize their sudden advantage. Williams is an A-lister, comedian and a member of the Screen Actor’s Guild. It is likely the conversation will touch on the strike which has kept late night dark and in reruns for more than two months. Williams’s appearance is a signal to the rest of Hollywood that it is safe to visit with Dave.

Williams would not be appearing if Letterman’s company, Worldwide Pants, had not struck a deal with the Writers Guild of America late last week that allows the union writers to return to work ...

Leno, a mere (high-priced) employee of NBC/Universal/General Electric, is trapped in the middle here ... and so is stuck with second-string guests and ad-libbed shows for as long as the WGA strike continues. (Which will be, what? Two more months? Nine?)

I can't imagine that The Tonight Show will remain top dog for long with guests that range from second-string politicians to starlets nobody's heard of as guests. I can't imagine that NBC will like seeing one of its cash cows displaced by The Late Show With David Letterman.

But will it make General Electric and the AMPTP rethink their positions? That, of course, is the big question.

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The last day of Ralph Hulett's Christmas

Ralph Hulett Christmas card 26
© by the Estate Of Ralph Hulett. Click on the thumbnail to see a full-sized image.

LAST DAY of Christmas cards -- and Mr. Hulett departs with a Chirstmas Mouse in a pine tree. Can't get much more festive than saying goodbye with Santaesque vermin.

Here are more Ralph Hulett Christmas cards.

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Monday, December 31, 2007

Good News For New Year's Eve!

I'm a tad premature on this, but good news comes to animation industry folks from across the fruited plain (and other points in the country). In 2007, three pure animated features landed in the Top Ten at the American box office:

Grosses -----------> Movies

$336,530,303 ------> Spider-Man 3 (2007)

$320,706,665 -------> Shrek the Third (2007)

$319,014,499 --------> Transformers (2007)

$309,404,152 --------> Pirates of the Caribbean 3 (2007)

$292,000,866 --------> Harry Potter and the Order of the Phoenix (2007)

$227,137,090 ---------> The Bourne Ultimatum (2007)

$206,435,493 ----------> Ratatouille (2007)

$183,121,527 -----------> The Simpsons Movie (2007)

$168,213,584 -----------> Wild Hogs (2007)

$148,734,225 -----------> Knocked Up (2007)

So. Shrek places second, the sadly disappointing* Ratatouille comes in seventh, and the hand-drawn Simpsons Movie takes the eighth spot.

And of course the host of partially animated films, small items like Spider Man 3, Transformers, Pirates of the Caribbean and Harry Potter do quite well in their own right.

The reason it's always good to harp on these numbers is, when animation does well, more people in the animation business get employed. For some reason or other, I find that's very important.

* (c) 2007 JHM

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The twenty-fifth day of Ralph Hulett's Christmas

Ralph Hulett Christmas card 25
© by the Estate Of Ralph Hulett. Click on the thumbnail to see a full-sized image.

Joseph and Mary, on their way to Bethlehem ... on a more stylized card than usual.

Here are more Ralph Hulett Christmas cards.

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Sunday, December 30, 2007

Final Overseas Box Office for 2007

Foreign theatrical grosses seem to be robust as the year draws to a close:

... "National Treasure: Book of Secrets," "Enchanted," "Aliens Vs. Predator: Requiem," "Alvin and the Chipmunks, "Bee Movie" -- combined for another $85 million during the frame. So with the top seven entries totaling $165 million, international box office is ending the year on a decidedly upbeat note ...

Animated features have been doing quite nicely around the globe:

... "Enchanted" figures with $20.6 million at 5,304 in 43 markets, giving the family-aimed fantasy a foreign total of $110.7 million -- matching the domestic number. Its fourth Brit frame held nicely, off only 1% to $4.5 million, while its Australian launch looked lively with $3.3 million ...

... Fox's "Alvin" remained solid rather than spectacular with $13.6 million at 3,608 to lift the kidpic's foreign cume to nearly $38 million. Most of the takings came from soph sesh holdovers, led by the U.K. with $2.7 million and France and Germany with $1.9 million each ...

Par's "Bee Movie" buzzed up $13.5 million at 4,904 in 59 markets for a $103 million foreign cume. Toon showed stellar holds with a 12% hike in its third U.K. frame to $2.1 million and a 47% jump in its Italian soph sesh to $1.6 million.

All these solid numbers are good things, because animation is a very market-driven part of the business. The better animated films do, the more people end up working to make additional animated films.

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The twenty-fourth day of Ralph Hulett's Christmas

Ralph Hulett Christmas card 24
© by the Estate Of Ralph Hulett. Click on the thumbnail to see a full-sized image.

The jesters again. Carrying trays again. If you scroll down, you'll find another design quite similar to this one. These colorful bits of card art came out years (decades) apart, and Mr. Hulett wasn't above reworking designs that had earlier sold like hot cakes.

Two more Christmas cards to go ...

Here are more Ralph Hulett Christmas cards.

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