WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:   || 2 | 3 | 4 |

«WRITERS GUILD OF AMERICA, EAST WRITERS GUILD OF AMERICA, WEST Residuals Survival Guide Contents INTRODUCTION WHAT ARE RESIDUALS? WHY ARE WRITERS ...»

-- [ Page 1 ] --

Residuals

Survival Guide

REVISED OCTOBER, 2016

WRITERS GUILD OF AMERICA, EAST

WRITERS GUILD OF AMERICA, WEST

Residuals

Survival Guide

Contents

INTRODUCTION

WHAT ARE RESIDUALS?

WHY ARE WRITERS ENTITLED TO RESIDUALS?............. 3

WHO RECEIVES RESIDUALS?

ARE YOU ENTITLED TO RESIDUALS?

EXHIBITION MARKETS

New Media

HOW ARE RESIDUALS CALCULATED?

Residuals for Made-for-Theatrical

Motion Pictures

Residuals for Made-for-Television Projects...... 10

RESIDUALS FOR MADE-FOR-THEATRICAL MOTION

PICTURES

DVD Script Publication Fee

RESIDUALS FOR MADE-FOR-FREE TELEVISION

PROJECTS

i The One-Hour Waiver

Application of Excess

RESIDUALS FOR COMEDY/VARIETY PROJECTS.......... 25 Comedy/Variety Residuals

Residuals for Free Television Reuse of..................

Comedy/Variety Projects

Residuals for Foreign Reuse of

Comedy/Variety Projects

Residuals for Reuse in Other Markets............... 28 RESIDUALS FOR DAYTIME SERIALS

RESIDUALS FOR MADE-FOR-BASIC CABLE

TELEVISION PROJECTS

Residuals for Basic Cable Reuse

Residuals for Foreign Reuse

Residuals for Reuse in Other Markets............... 34

RESIDUALS FOR MADE-FOR-PAY TELEVISION AND

MADE-FOR-DVD/VIDEOCASSETTE PROJECTS............ 36 Residuals for Reuse on Pay Television................

DVD/videocassette

Residuals for Reuse in All Other Markets........... 39 RESIDUALS FOR MADE-FOR-PBS PROJECTS.............. 40 RESIDUALS FOR THE USE OF EXCERPTS

RESIDUALS ON CREATOR SEQUEL PAYMENTS........... 42 ii CHARACTER PAYMENTS

FOREIGN COPYRIGHT LEVIES

CANADIAN WAIVERS

COMMISSIONS ON RESIDUALS

RESIDUALS FOR DECEASED MEMBERS

DUES ON RESIDUALS

PENSION PLAN & HEALTH FUND CONTRIBUTIONS

ON RESIDUALS

MONITORING RESIDUALS

PROCESSING RESIDUALS

CONCLUSION

EXAMPLES

Residuals on a Made-for-Theatrical Motion Picture

Residuals on a Made-for-Free Television Project

Residuals on a Made-for-Basic Cable Project....... 59

–  –  –

One of the benefits due credited writers under the Writers Guild Minimum Basic Agreement and the Public TV Freelance Agreement (see page 43) is compensation for the reuse of their material. This compensation is called residuals.

The purpose of this guide is to provide writers with a basic knowledge of residual compensation—what it is, who receives it, and when it is due.

This guide is not a substitute for the Writers Guild of America Theatrical and Television Basic Agreement or Public TV Freelance Agreement (collectively “MBA”).

Please refer to the MBA or Schedule of Minimums for the most current rates.

This guide is not intended to, and does not, alter the provisions of these MBAs in any way. If anything contained herein contradicts these MBAs, the MBA provisions prevail.

PLEASE NOTE that not every use or reuse of your material is covered in this guide. If you have a situation that is not covered in this guide, or if you require more information, please contact the WGAW Residuals Department at (323) 782-4700 or the WGAE at (212) 767-7838.

1 What Are Residuals?

Residuals are compensation paid for the reuse of a credited writer’s work. When you receive credit on produced Guildcovered material, you are entitled to compensation if the material is reused. It is important to understand that the compensation is for reuse, and not the original use. For example, if you are hired to write an episode of a network prime time television series, the compensation you are paid for writing services includes the episode’s initial broadcast. When that episode reruns on a network, in syndication, or in any other market, however, the Company must pay you for that reuse.

Similarly, for theatrical motion pictures, the compensation you are paid for your script, either as a purchase or employment, covers the exhibition of the film theatrically, including all foreign theatrical releases. When your movie is released to other markets, such as DVD/videocassette or pay television, however, you are due residuals.

2 Why Are Writers Entitled to Residuals?

The Guild was founded more than 70 years ago because writers wanted to ensure accurate credits and receive reasonable compensation for their work. At that time, compensation paid to writers covered their initial services and they received nothing further. There were no residuals. Prior to the advent of television, there were no aftermarkets nor other opportunities for use beyond the original release of theatrical films.

The first television residuals provisions were negotiated in a 1953 Guild agreement and were for reuse of programs that were made for television. Residuals were negotiated in the belief that if a program was rerun, then there was less employment for new product.

Residuals for the reuse of theatrical films on television were negotiated and covered in 1960. Generally, writers whose films were produced on or after June 13, 1960 received residuals for the use of these films on free television.





The following is a timeline of selected residuals changes over the years in the MBAs.

First residuals for reuse of made-for-television product; residuals limited to five rerun payments.

First residuals for reuse of theatrical motion pictures on 1960 free television.

Royalty Plan negotiated for worldwide reuse of made-fortelevision product. Foreign use covered for the first time.

3 First foreign fixed residuals for made-for-television 1966 product; Royalty Plan ended.

Residuals paid for nine reruns. (Improvement over previous five rerun MBA formula.) Residuals for home video, pay television, and related 1971 uses (called “supplemental markets”) negotiated for both theatrical and television products.

Fixed residuals extended to perpetuity—no cap on 1977 domestic free television residuals.

Residuals changed for reuse of free television product 1981 on basic cable and for reuse of made-for-pay television and made-for-DVD/videocassette/videodisc products.

Increase in residuals for reuse of free television product on basic cable; residuals negotiated for made-forbasic cable product; waiver formula negotiated for off network reuse of certain one-hour dramatic prime time network series.

Residuals negotiated for reuse of material in interactive 1995 works.

Cap removed on foreign television residuals; foreign 2001 television residuals paid in perpetuity. Increase in residuals for made-for-pay television and made-forbasic cable products. Residuals for reuse of all product on Fox Broadcasting Company paid at network rates effective May 2, 2003. Payment negotiated for right to publish theatrical script on DVD.

Residuals negotiated for new media-EST, new mediarentals and new media-streaming markets (both reuse in new media as well as made-for-new media).

4 Who Receives Residuals?

The credited writer(s) on a produced project receive(s) the residual compensation. Regardless of how much you are paid or what you contribute to the final shooting script on a project, you only receive MBA residuals if you receive writing credit.

The following Guild determined credits generate residuals for

writers under the MBA:

For theatrical motion pictures:

• Written by • Story by • Screen Story by • Screenplay by • Adaptation by • Narration Written by

For television motion pictures, including episodic television:

• Written by • Story by • Television Story by • Teleplay by • Adaptation by • Narration Written by • Created by Residuals for theatrical and television motion pictures, including episodic programs, are allocated as follows: “Written 5 by” — 100%; “Screenplay/Teleplay by”—(if a “Story by” or “Screen/Television Story by” credit is accorded)—75%;

Story by” or “Screen/Television Story by”—25%. In general, if no form of “Story by” credit is accorded, 100% goes to the writer(s) receiving “Screenplay/Teleplay by” credit. The residual for minor credits such as “Adaptation by” is 10%. In that instance, the residual is allocated as follows: “Adaptation by”—10%; “Screenplay/Teleplay by”—65%; “Story by”—25%.

For comedy/variety, serials, and quiz/audience participation

shows:

• Written by • Writers • Special Material/Sketch Written by • Writing Supervised by/Head Writer

For television documentaries, news, and public affairs programming:

• Writer • Written by • Documentary Script by • Continuity by • Special Material/Interview Material by • News Staff • Newswriter • Narration Written by • Telescript by • Story by Source material credits, such as “Based on the book by,” are not writing credits that generate residual compensation under

6the MBA. Also, the “Developed by” credit does not generateresiduals.

NOTE: The Guild does not process your residual payment until the writing credits are finally determined. To prevent delays in the processing of your residual payment, if you have written on a project on which principal photography has been completed, and neither you nor your designated representative have received a Notice of Tentative Writing Credits for that project, please immediately contact the WGAW Credits Department at (323) 782-4528 or the WGAE Credits Department at (212) 767-7804.

–  –  –

1. Was your material covered under a Guild contract? (This should almost always be a “yes,” because Guild members are precluded by Working Rule 8 from optioning or selling to, or performing writing services for, a Company that is not signatory to the MBA.)

2. Did you receive a writing credit?

3. If you wrote a theatrical motion picture, was it reused in non-theatrical markets?

4. If you wrote for television, was your project reused in any market?

If the answer is “yes” to the above, it is helpful if you also know

the following:

1. For television programs, for which exhibition market was your project written? (See below for various exhibition markets).

2. What was the date of your employment/acquisition agreement?

3. If you wrote a theatrical motion picture, when did principal photography commence?

8 Exhibition Markets A project may be written for and/or reused in, among others, the

following markets:

1. Theatrical;

2. Free Television, i.e., Network and Syndication;

3. Basic Cable;

4. Foreign;

5. Supplemental Markets, i.e. Pay Television, DVD/videocassette and In-flight; and 6. New Media (EST, Rentals and Streaming) New Media residuals information can be found on the Writers Guild of America, West’s Guide to New Media.

–  –  –

Residuals for Made-for-Theatrical Motion Pictures.

Currently, all residuals due on made-for-theatrical motion pictures are revenue based. This means the residuals due the writer are based on the revenues received by the Company.

The writer is entitled to a percentage of the money the project generated from uses other than any theatrical exploitation. A one-time payment, referred to as the DVD script publication fee, which is not a residual but is paid through the Residuals Department, may also be due (see page 15). With a revenue based residual, your payment will vary depending on how much the Company receives and when the money is received.

It is also important to note that licensing terms may vary from project to project as well.

Residuals for Made-for-Television Projects.

Residuals due for made-for-television projects can be both fixed and revenue based.

Revenue Based Residuals.

Like residuals for theatrical films, a revenue based calculation for made-for-television product pays the credited 10 writer(s) a percentage of the revenues received by the Company. Accordingly, your payment will vary depending on how much the Company receives and when it is received. Specific licensing terms vary from project to project.

Fixed Residuals.

Fixed residuals are set amounts that do not depend on receipts, but are a percentage of a specific base amount.

That base amount, called the “applicable minimum” or the “residual base,” is determined by several factors:

• The type of product (e.g., episodic series, comedy/ variety, documentary);

• The length of the program;

• The contract period of employment or acquisition;

• Whether the project is high or low budget; and • The final, Guild-determined, writing credit.

The Residual Base.

While your initial compensation will vary depending upon the market for which your project is produced, the residual base is a fixed amount that is determined by the length of your project. In most circumstances, the residual base will be the “Other than Network Prime Time” minimum corresponding to the MBA time period in which you were hired and the length of program you were hired to write. Thus, the residual base will be the Other than Network Prime Time minimum even for network prime time programs.

The following example sets forth the residual base for a one-hour dramatic television project for a writer

–  –  –

Once the residual base is determined, a certain percentage of that residual base is due for each rerun on free television. Generally, there is no payment upon the first run of a program, only for reruns. With the exception of network prime time reruns on certain kinds of programs, a decreasing percentage of that base is due for each successive rerun (see pages 16-18 for the percentages).

12Residuals forMade-for-TheatricalMotion Pictures(Example 1, page 55)



Pages:   || 2 | 3 | 4 |


Similar works:

«Recognizing Two Handed Gestures with Generative, Discriminative and Ensemble Methods via Fisher Kernels Oya Aran, Lale Akarun Dept. of Computer Engineering, Bogazici University, 34342, Istanbul, Turkey {aranoya,akarun}@boun.edu.tr Abstract. Use of gestures extends Human Computer Interaction (HCI) possibilities in multimodal environments. However, the great variability in gestures, both in time, size, and position, as well as interpersonal differences, makes the recognition task difficult. With...»

«Metal-catalyzed asymmetric hydroformylation : towards the understanding of stereoselection processes Cornelissen, L.L.J.M.DOI: 10.6100/IR643446 Published: 01/01/2009 Document Version Publisher’s PDF, also known as Version of Record (includes final page, issue and volume numbers) Please check the document version of this publication: • A submitted manuscript is the author’s version of the article upon submission and before peer-review. There can be important differences between the...»

«EXECUTIVE SUMMARY The danger of importing prescription drugs is real and the reason we don’t see all the dead bodies is because we don’t much look for that anymore. The incentive to import prescription drugs is, essentially, greed and these people need to follow the same rules which apply to all pharmacies in the United States including state licensure where called for. Inspections of pharmacy locations can be accomplished through a private organization and there’s a definite role for the...»

«Sonoran pronghorn use of habitat in southwest Arizona Item type text; Thesis-Reproduction (electronic) Authors Hughes, Keith Scott, 1965Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Downloaded...»

«Title: Understanding Female Leadership in Hospitality Industry Kiano Yim-mei LUK School of Hotel and Tourism Management, The Hong Kong Polytechnic University Hung Hom, Hong Kong SAR kiano.luk@gmail.com ABSTRACT The objective of this paper is to understand the constraints and barriers of female leaders encounter and investigate the impact of female leadership on the organizational performance, particularly in hospitality industry. Although research found that organizations can be benefited from...»

«Ludvika SRV D-nr 249-685-2000 SMHI D-nr 2000/156/204 Översiktlig översvämningskartering längs Kolbäcksån, sträckan från Bysjön till utloppet i Mälaren Projekt: Översiktlig översvämningskartering Rapport nr 24, 2001-11-28 Arbetet är utfört på uppdrag av Räddningsverket, 651 80 KARLSTAD, Tel 054-13 50 00, Av Sveriges Meteorologiska och Hydrologiska Institut 601 76 NORRKÖPING, Tel 011-495 80 00 Fax 011-495 80 01 Bakgrundskartorna i rapporten har Copyright Lantmäteriet. Ur...»

«The Lier Shroud and Lucas Cranach the Elder © Pam Moon, Little Aston, Easter 2014 Synopsis This paper argues that the artist who created the Shroud of Turin copy known as the Lier (or Lierre) Shroud may be Lucas Cranach the Elder (1472-1553). It examines the signature on the Shroud and compares it with the different ways Cranach signed his name. It looks at Cranach’s relationship with Maximilian 1 the Holy Roman Emperor (1459 -1519) who was thought to have commissioned copies of the Shroud....»

«Red Eve, by H. Rider Haggard The Project Gutenberg EBook of Red Eve, by H. Rider Haggard This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Red Eve Author: H. Rider Haggard Release Date: April 5, 2006 [EBook #3094] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT...»

«Institute for European Studies Practical Guide to Brussels Euro Master 2012-2013 Institute for European Studies The Institute for European Studies Vrije Universiteit Brussel Pleinlaan 5 1050 Brussels www.ies.be 2 Euro Master 2012-2013 Institute for European Studies Dear Student, The beginning of your studies at the IES will soon be here! In order to get you settled in Brussels we have put together this practical guide that will hopefully be able to answer all of your questions regarding...»

«A SOUTH AFRICAN CASE STUDY ON SEDIMENT CONTROL MEASURES WITH THE USE OF SILT TRAPS IN THE COAL MINING INDUSTRY SCOTT FERREIRA1 and CHRIS WAYGOOD2 1 Jones & Wagener, Consulting Engineers, Johannesburg, Gauteng, South Africa; E-mail: ferreira@jaws.co.za 2 Jones & Wagener, Consulting Engineers, Johannesburg, Gauteng, South Africa; E-mail: waygood@jaws.co.za ABSTRACT The development of a comprehensive sediment control plan is a vital element of an effective mine site water management system. If...»

«Student Study Guide to accompany Drane, Introducing the Old Testament, 3e (Fortress, 2011) STUDENT STUDY GUIDE TO ACCOMPANY: John Drane, Introducing the Old Testament, 3rd ed. (Fortress, 2011) Success in any College level course requires excellent study and time management skills. Resources for the student who is seeking to improve his/her general skills are included at the end of this document. General Resources for Biblical Studies Key Reference Works: Freedman, David Noel, ed. The Anchor...»

«Sustainable Public Procurement: Towards Procurement of Novel and Innovative Products Master´s thesis Gert Vos March, 2010 Sustainable Public Procurement: Towards Procurement of Novel and Innovative Products ii i Sustainable Public Procurement: Towards Procurement of Novel and Innovative Products On behalf of the interdepartmental programme sustainable public procurement, positioned at the Dutch Ministry of Housing, Spatial planning, and the Environment. Graduating Master student: Gert Vos,...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.