The cable and satellite companies that would have to carry the new channel aren't convinced the world needs another movie service, according to executives at several companies. Even Comcast Corp., which owns 20% of MGM, has little interest in carrying a new movie channel, according to a person close to that company.

"Movies are not as much a part of the mix" with the growth of video-on-demand, says Michael Willner, chief executive of Insight Communications, a cable operator primarily in the Midwest. "If they are just another outlet for movies they will have a tough go."

Of course, it's impossible for any human to win Cranky Redstone's enduring love. As the old expression goes, the only way to win is not to play the game.

The new venture could create some awkward moments around Hollywood. Leslie Moonves, the chief executive of CBS, is close friends with Harry E. Sloan, the chief executive of MGM, and Jon Feltheimer, the chief executive of Lionsgate. A spokesman for CBS declined to comment.

I think this just means Les Moonves has to dance around certain topics during lunch meetings or dinner parties. That's not so awkward. You know what's awkward? Having lunch with a crazy Scientologist who is about to mock you in a movie, per Redstone's recent rendezvous with Tom Cruise at the Beverly Hills Hotel.

Oh, and Redstone, being a cantankerous old bastard, is totally supportive of this CBS-Viacom infighting:

Last month Mr. Redstone, who is the controlling shareholder in both Viacom and CBS, was asked at an investor conference about the two companies entering each other’s business. “They were always intended to be independent companies, free to compete with each other,” he said.

[Deadline Hollywood, Times]

Their sparring has been uncomfortable for Mr. Redstone’s friends and executives, and he frequently, at dinners and business meetings, has used abusive language toward his daughter, said one person who has been present during such incidents.

And yet you're not really trying to oust the belligerent daughter — odd. Senile old man odd.

Meanwhile, the value of Viacom, where you are chairman, has fallen by about one-fifth, to $41 billion. Your plan to split the company in two does not seem to be paying any dividends. Viacom's CBS is about to fall behind Fox as the top U.S. TV network.

Everyone keeps asking you, in a roundabout way, who will succeed you. And you keep talking about how hard you work out and how well you eat.

Way to keep everyone tortured. You must enjoy it, crazy old bag.

[Times]

From: Toffler, Van
Sent: Thursday, February 07, 2008 4:52 PM
To: M_MTVN__ALL
Cc: McGrath, Judy
Subject: Christina Norman

I am writing to let you know that after 17 incredibly successful years, several brilliant reinventions, multiple VMA's and scores of memorable on-air promos and creative marketing campaigns, Christina Norman has made the decision to leave MTV at the end of the month.

Christina's mark on our company is indelible and it's worth noting that she reinvented herself and our businesses along the way. She grew from a freelance production manager (yes, freelance) to lead all of the marketing efforts for MTV, including the successful launch of MTV2. In 2002, she was tapped to architect VH1's rebirth, gave the world "Celebreality" along with "Hip Hop Honors", and shepherded the network to creative and ratings highs. She brought the same talent and vision when she returned to MTV as President, reinventing our big franchise events - The VMAs and The Movie Awards, ramping up new ways for us to partner with advertisers and worked with all of you to create and define the brand vision for MTV that inspired us and helped liberate our thinking. It pains me to see Christina go, but I respect her decision to want to take the time to explore something new after 17 years, which is pretty much impossible to even think about while running the M.

Christina has led with incredible integrity, creativity, business savvy, perspective, spirit and humor, and she has championed so many important initiatives at our company and in our culture. From the launch of "thinkMTV," to breathing new life into our music initiatives with novel ideas like "52 Bands," to the historic launch of MTV Tr3s, our network for young Hispanic-Americans, to the explosive growth of mtvU and the inspirational work she has done for our company's diversity and inclusion initiative, she has made it happen.

Christina is leaving MTV in its strongest, healthiest, most diverse and vibrant incarnation—MTV's celebrated 16 years as the #1 ad supported cable network for the 12-24 demo, and last year alone MTV.com served up almost one billion videos. And there is more to come in the pipeline from the great team that we have in place. In fact, Christina made it clear that MTV's current creative vibrancy and thriving business provided her with the perfect timing to explore something new. MTV has several TV hits cranking, the fastest selling video game with "Rock Band," and a rapidly growing collection of websites. We're positioned as an industry leader with an array of verticals and Emmy Award winning virtual worlds, and we're shaking up the 2008 elections with "Street Team '08." And may I remind you that Christina does not shy away from challenges - after all, she dared to take a bet to appear on national television with an eye patch, claiming a run-in with an unwieldy mascara wand as the reason for her questionable optical attire.

It has been my great honor to work with Christina and she will always be part of the legend and success of our company. We will miss her and I personally can't wait to see what incredible feat she will conquer next with the same class and tenacity she has exemplified during her many years here. I know you join me in wishing her the very best...

First, Hirschorn's career is an object lesson in the financial rewards of going downmarket. Hired as an editor to Kurt Andersen's dream team at New York Magazine, Hirschorn followed his mentor to the excellent Inside.com, a media news site that was too early for its time.

You might think Hirschorn would have professional qualms about bringing to the air shows like "A Shot at Love with Tila Tequila" — a dating show in which the prize is a bisexual internet phenomenon. But he's an inspiring manager, say former colleagues, and he's melded highbrow and lowbrow in a way that's common in the UK, but till now rare in US television. The offers he's weighing now will be something of a consolation for any mockery at Manhattan dinner parties with former colleagues at more refined institutions.

Pure speculation, this, but there's a grief-premium Sumner Redstone's media conglomerate may have to pay to compensate Hirschorn for his new Viacom boss. The VH1 programming chief was a protege of Tom Freston, the laid-back executive fired by the capricious 84-year-old Viacom owner after Freston failed to acquire MySpace. Redstone's new placeman, Philippe Dauman, is a lawyer.

"Hirschorn will be successful anywhere he goes," says a Viacom informant. "No use having to fight with an uncreative douche who doesn't get it." So, Hirschorn, just go! (Even if the Viacom offer is enticing.)

In this case, unless contractors are hired on as staffers under the newly slightly-more benevolent Viacom, they're unlikely to see even the ass-end of a company-sponsored retirement plan. The legal risks to Viacom are too significant.

MTVN's freelancers aren't the only media biz contractors misclassified by their employers under IRS rules. You ever look at the front page of a newspaper section and realize that nearly all the bylines belong to interns and stringers? Well, um, hopefully you don't, because you have better things to. Sadly, we don't. So we notice!

The same thing applies in magazine publishing, where a freelancer can spend decades (if they're lucky!) contracted to produce a set number of pieces per year for a single title without receiving the benefits enjoyed by employees—Medicare, Social Security and unemployment insurance. Television and web properties grapple with the same issues.

And if you're a business owner, how do you appease the IRS, your conscience and your advertisers all at the same time? Makes us want to take a nap.

Tomorrow, we might, if we feel like it, take a peek at what it's like to freelance for the city's newspapers—the contracts, perks and pay. Magazines and television next! (Maybe. Perhaps we'll just hit snooze till three.) Either way, we'll be asking for your emailed stories about the state of contractorhood.

From: Office Of JoAnne Griffith
Sent: Wednesday, December 12, 2007 2:53 PM
To: M_MTVN__ALL
Subject: More Important News for Freelance and Temporary Employees

As you know, we've been holding information sessions over the past several days to discuss our freelance and temporary employee benefits. We've had many insightful conversations and heard a number of your specific concerns.

As a result of the input you've given to us directly through the sessions and your managers, we want to announce the following changes:

· We are expanding our freelance and temporary medical and dental benefits options to include the United Healthcare plan under which many of you are currently covered. This means anyone who is eligible for benefits in 2008 can opt for medical and dental coverage with United Healthcare at the current rate of contribution, or you can elect instead to enroll in the newly offered Aetna plan.

· The Aetna plan has certain advantages that may make it the preferred option for many of our freelance and temporary employees. Based on your input, however, we want to make sure that those of you who prefer the United Healthcare plan have that option.

· As a result of this change, the freelance and temporary employee payroll conversion to Cast and Crew has been delayed until February 1, 2008. Therefore, the December 14th deadline to submit your Cast and Crew paperwork has been postponed. We will inform you of the new deadline early in the New Year.

· We've implemented a process for evaluating freelance and temporary employee positions for possible conversion to staff positions. This process is currently underway and decisions will be communicated by January 31st, 2008.

In order to address additional questions, HR representatives will be available to discuss individual circumstances and concerns at the following times and locations:

· New York: Thursday, December 13th
11:00 a.m. - 1:00 p.m.
1515 Broadway, Conference Room 44-02

· Los Angeles: Thursday, December 13th
11:00 a.m.
2600 Colorado Ave., 5th Floor LEG Room

Employees in other regions should contact their HR representative directly with any questions or concerns.

"The dirty little secret is that they used to treat us like staff but called us freelancers," said a fellow in animation, a "freelancer" of eight years. Another guy who's been there for three years actually left the company for ESPN, where he made more money, but then came back for Viacom's benefits.

So are they really freelancers? "No," said an editor of four years. "Why? Because we come in and work at the same place every day, don't work on equipment we own, have taxes taken out of our paychecks, and report to people who are staff."

"No," said Jesus Sanchez, the Radio-Television Broadcast Engineers Local 212 rep, whose union represents workers at CBS, Madison Square Garden, and United Nations technicians. "They're steady employees, work for a specific company, and have taxes taken out of their paycheck."

But will Viacom listen? "They're gonna have to listen," Sanchez said grimly.

At 3:40 p.m., people inside the MTV studios above the demonstration climbed ladders and closed the curtains on all the windows facing the street.

At 3:45 p.m., NY1 showed up and set up a camera. The crowd got even more riled.

"Call your HR rep every single day and let them know you're unhappy!" shouted a gentleman into a bullhorn. Oh, they will.

And they will also walk out again, both tomorrow, we hear, and then again on Thursday, in conjunction with the WGA. More unions will continue to offer their support, and Viacom will continue to look bad. And suddenly this little cost-cutting maneuver, in a year when Viacom has made healthy profits, won't seem like such a good idea after all.

Elsewhere: Viacom's own blogs are even protesting now.

The basics of freelancing: Contractors complete a piece of work in exchange for a fee, not a salary. They can't be bound by specific hours or be required to attend meetings or work at the office. Employers aren't actually required to provide health or retirement benefits to anyone. If they're big enough, most companies provide those benefits at some level in order to get and keep happy employees. But if they provide benefits to some employees, they have to provide them for all. And that's where it gets sticky, because many freelancers, whether they know it or not, fit the (maddeningly loose) definition of employee.

There is no legal definition for an independent contractor, but courts uphold the common law definitions of "master" and "slave." That's less fun than it sounds. Whether someone is an employee or a contractor is based on the amount of control their boss has over them. The implied relationship determines if you're a contractor or an employee, entitled to the benefits every other employee gets. Vague enough? Sound like you're in a relationship with a high-strung high-schooler?

You're Basically An Employee If:

Not every employer is out to exploit cheap labor. In the media industry in particular, a company is hard-pressed not to use freelance workers. Many of the most ambitious contractors are young and happy to do the work for a byline or are established enough to want independence—both are attractive. Giving those people steady work or a few perks seems only natural. Unfortunately for employers, it also qualifies them for more.

In September, Governor Spitzer issued an executive order [PDF] establishing the Joint Enforcement Task Force On Employee Misclassification. Spitzer's order rattled the cages of a few media companies—the governor wants to look under rocks most of them would prefer remain undisturbed.

Viacom may have faced a choice common to media companies: eliminate benefits to independent contractors, or hire them on as employees. Take away paid vacation, company-provided healthcare and a retirement plan, and it becomes a lot easier to make the case that a freelancer is just a freelancer. Many newspapers spent the summer cleaning house in anticipation—those who haven't may find themselves in a bind.

"RIGHT!" the crowd roared back. Chants were amended thusly.

Let's meet the walker-outers! "The reason I wanted to work for this company was that they had great benefits," said a twentysomething woman who has been there since June.

"I hear that there are certain levels of management that support what we're doing," says Steve, a freelance production assistant of two years. "Why? Because many of them started as freelancers."

"I have a feeling people who have been here seven, eight, or nine years are going to leave," said a woman in production at VH1 who has freelanced for eight and a half.

"It's a slap in the face," said two young designers who have been with Viacom for two years. "I'd like to think [walking out] will make a difference, but I'm not sure it will. I'd also like to add that the current edit I'm working on is a big list of accomplishments from this year that goes out to all the employees: 'Look how much money we made.' That's why it's a slap in the face."

"I've been off and on for seven years, since after college. Sometimes I'm staff and sometimes I'm a freelance," said a woman in a fun pink hat. "[The benefits] was the draw for all of us. We're paid less, but at least we're taken care of. What if I get hit by a fuckin' car?"

Said a design project manager who was affected by the cuts even though he is technically management and exempt: "When I had the initial meeting, it came as a shock, so I didn't come in on Monday and updated my resume. Since then they've negotiated with me personally. The line from management was no negotiations with anyone, but in reality that's a bit different." He added that he got a good response from the resumes he sent out; some companies even offered him staff status "off the bat."

"My main advice to the kids on my team is to not take whatever a corporation does on a personal, emotional level. But I would not advise them to stay here if they could do better elsewhere." (Many of the other workers there said that they, too, were looking for other work.) Did he have any final thoughts on the matter? "I think Viacom is a soulless corporation who doesn't give a shit."