Los Angeles - The Directors Guild of America, Writers Guild of America and Screen Actors Guild today unveiled new searchable on-line databases that will enhance enforcement efforts to collect residuals owed to performers, directors and writers for reuse of theatrical releases and television programming.
The searchable databases list motion picture and television titles produced under the jurisdiction of the SAG, DGA or WGA contracts and may be accessed free of charge via each Guild’s website at www.sag.org and www.wga.org. (The SAG sites is operational, while the WGA site is in the final stage of development.)
The Tri-Guild program was developed last year following passage of a new federal law, the residual transfer legislation, which allows the Guilds to pursue claims in federal court if a distributor knew or had reason to know that a film or program was subject to a Guild’s collective bargaining agreement. The new Guild databases make this signatory information available through the internet, and provide "constructive notice" of Guild residual obligations. The Guilds can then go to court to establish liability for distributors from whom a producer did not obtain an assumption agreement.
"The residual transfer legislation will make it easier for the Guilds to go after distributors who knew or should have known that they owed residuals," DGA President Jack Shea said. "And the new online database will ensure that distributors around the world have every reason to know about the signatory status of the film or television program they’re distributing."
"The unique nature of the entertainment business has often made it difficult for performers, directors and writers to collect the residual payments they are owed," SAG President Richard Masur said. "However, new technologies such as the World Wide Web are making it easier for us to put distributors on notice that they are distributing a picture or show in which Guild performers appeared. That will help the Guilds to collect millions in unpaid residuals for their members."
"The enforcement and collection of residual obligations is a primary focus for all of the Guilds," said Daniel Petrie, Jr., President WGAw. "This joint legislative and enforcement effort is another example of how we can coordinate our resources to assure maximum benefit. Our united efforts have consistently enhanced the return to our members. The evolution of the entertainment industry with international co-productions and vertical integration of companies has required the Guilds to initiate new, creative enforcement programs."
Many films or television programs are produced by corporations or other business entities established solely for the purpose of producing one project. Once the project is sold to a distributor, the production company often dissolves, forcing writers, directors and performers to turn to the distribution company to collect residuals.
To protect their members, SAG, the DGA and the WGA require producers to obtain assumption agreements from distributors that bind the distributor to pay residuals. The transfer legislation gives the Guilds an assurance that distributors will fulfill this obligation.
Masur said the SAG website also features a newly-created "Signatory Confirmation Database for Performers." This database is a tool for members of the Guild - and other performers, too - to learn whether a production they've been hired for is signatory to a SAG contract.
