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RESIDUALS
Residuals
are payments made to actors, directors, and writers involved in
the creation of television programs or commercials when those properties
are rebroadcast or distributed via a new medium. These payments
are also called "re-use fees" or "royalties." For example, when
a television series goes into syndication, the writers, actors and
directors who work on a particular episode are paid a percentage
of their original fee each time that episode is rebroadcast. This
also includes re-use through cable, pay television, and videocassette
sales.
Residuals
have played an important part in the history of broadcasting unions.
In the early days of live radio in the United States, actors had
to perform twice, once for the Eastern time zone, and again three
hours later for the Pacific time zone. As recording technology developed,
networks recorded the first performance and simply replayed it three
hours later. In 1941, the American Federation of Radio Artists (AFRA)
insisted that the actors be compensated for the rebroadcast.
With
the development of television in the 1950s, a new distribution outlet
was created for motion pictures. The Hollywood unions representing
actors, writers, and directors feared that they would lose job opportunities
if television stations broadcast preexisting movies instead of paying
for new programming. In 1951, the American Federation of Musicians
negotiated residual payments with film producers for the broadcast
of movies on television. The next year, the Screen Actors Guild
(SAG) conducted a strike against Monogram Pictures to force the
company to make residual payments when its movies were broadcast
on television. In the mid-1950s, SAG was also able to negotiate
residual payments from the emerging television networks for reruns
and from advertisers for the reuse of television commercials. By
1960, residuals had become standard practice throughout the film
and television industry.
When
new distribution markets emerge, unions such as the American Federation
of Television and Radio Artists (AFTRA), the Writers Guild of America
(WGA), the Directors Guild (DGA), and SAG negotiate for residuals
in those markets as well. In the 1970s and 1980s, unions negotiated
residuals for cable, videocassette, pay per view, and even in-flight
movies on airplanes. In the mid-1990s, unions were fighting for
residuals in new markets such as CD-ROMs and computer networks.
Residuals
are a lucrative source of income, and thus a major source of contention
between unions and producers. As Archie Kleingartner and Alan Paul
point out in Labor Relations and Residual Compensation in The
Movie and Television Industry (1992), residuals have played
a major role in 18 strikes by the various unions. Low-paid actors
working in television commercials often earn four times as much
from residuals as they do from their initial fees. Series actors,
who are paid much more for their initial services, still earn about
30% of their income from residuals. In 1990, total residual payments
exceeded 337 million dollars, not counting residuals from television
commercials.
Unions
negotiate residuals with the Alliance of Motion Picture and Television
Producers (AMPTP), which represents most studios and independent
producers. In 1995, the three biggest television networks (ABC,
CBS, and NBC) separated from AMPTP over a dispute regarding the
status of the newer FOX network. The three older networks wanted
FOX to pay the same residual rates that they pay, while FOX argued
that it was not technically a network by FCC standards. At this
time, the unions negotiate with the three networks and AMPTP separately.
Residuals
are an important source of compensation for actors, writers, and
directors whose works are distributed in an ever wider array of
foreign and domestic markets. They are a major factor in the continuing
strength of the various unions over the years.
-Matt
Jackson
FURTHER
READING
Gilbert, Robert W. "'Residual Rights' Established by Collective
Bargaining in Television and Radio. Law and Contemporary Problems
(Durham, North Carolina), 1958.
Kleingartner,
Archie, and Alan Paul. Labor Relations and Residual Compensation
in the Movie and Television Industry. (Working Paper Series
No. 224). Los Angeles, California: UCLA Institute of Industrial
Relations, 1992.
Mittleman,
Shel. "Residuals Under the Guild Agreements--WGA, DGA, IATSE, SAG
and AFM: Accommodating the New Media." In Reel of Fortune: A
Discussion of the Critical Business and Legal Issues Affecting Film
and Television Today. Los Angeles, California: University of
California at Los Angeles, The Twelfth Annual UCLA Entertainment
Symposium, 1987.
Paul, Alan, and Archie Kleingartner. "Flexible Production and the
Transformation of Industrial Relations in the Motion Picture and
Television Industry." Industrial and Labor Relations Review
(Ithaca, New York), 1994.
Prindle,
David F. The Politics of Glamour: Ideology and Democracy in the
Screen Actors Guild. Madison, Wisconsin: University of Wisconsin
Press, 1988.
Spring,
Greg. "Unions Approve Film, TV Production Pacts." Los Angeles
Business Journal (Los Angeles, California), 22 May 1995.
See
also Syndication;
Unions;
Writier in
Television
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