Q: Are SciFi Channel Movies Covered By The WGA? Do You Get Residuals If They Are Released On DVD?
A: It depends on who hired you.
When you’re figuring out whether or not your work is covered by the WGA, the crucial question is “Who is my contractual employer?”
Typically, the SciFi Channel does hire writers through a MBA signatory company. If they do, the writer should be protected no matter to whom the company might transfer rights (there’s a large part of the MBA that deals with these kind of “assumption agreements”, in which the signatories agree to contractually oblige their transferees to “assume” the responsibilities the MBA dictates).
Imagine, then, that getting hired by a signatory is like an “original blessing”. From there on out, things should be okay.
Should be. The fact is that through either malice or ignorance, companies occasionally screw up, and the writer suffers. There’s a working rule that practically no one follows, but it’s probably for the best that everyone did. We’re all supposed to file copies of our employment contracts with the Guild. If you’re a WGAw member and you ever have any questions about how protected you might be in your dealings with a particular employer, do not hesitate to call the WGAw.
And tell ‘em I sent you.
A few months back, you and I discussed the case of Alan Scott, who was hired by WGA-signatory Warner Brothers to do an adaptation of A Very Long Engagement. Ultimately, rights to the film ended up being transferred to Warner’s French subsidiary, and the WGA lost jurisdiction to arbitrate for credit on Scott’s behalf. As I remember, I asked you if we could negotiate something in the MBA requiring companies to retain WGA supervision if they sold or transferred the rights internationally, and you were skeptical that such a thing could be negotiated. Yet it sounds as though such a thing already exists domestically. So why couldn’t it be extended to cover international transfers? I have a feeling that this is going to be a bigger and bigger issue as the years go by.
-Jacob
Jacob:
I do remember the case. I don’t remember being skeptical about our ability to close that loophole…at least, I wasn’t initially skeptical. I may have received information from staff that made me pessimistic, though.
When we get into international areas, however, we get into jurisdictional issues. We have courts to back our credits jurisidiction up here in the U.S. I don’t think we have any legal recourse in France.
Damn you, France!!!!!
Anyway, that may be the source of the problem.
Oh, and I agree. This isn’t going to go away. There isn’t a regulatory agency in the world that isn’t dealing with this problem (and that’s sort of what we are). The agency’s authority stops at the borders of its country. The businesses the agencies regulate are global.
It’s entirely possible that I misunderstood you in our previous discussion. Or that I understood you correctly at the time, but my premature senility has struck again and I’m remembering it wrong now.
In any case, I’m no lawyer, but here’s my take on it…
Obviously, once the rights get transferred to France, there’s nothing the WGA can do about it—hence the “A” in WGA.
But the decision to transfer those rights was made in the US, by a US company, whose actions are governed by the MBA. If the MBA makes that US company liable for any breaches of the MBA by a foreign company to whom it has transferred rights, it then becomes the US company’s problem to deal with international law and foreign jurisdiction.
Right? Or am I missing something?
There are two factors, as far as I can see it.
First…is the new company a subidiary of the first? If it is (I think if the first company more than a 50% stake), then I don’t think it matters where the company is located (but I could be wrong).
Second…geography. The WGA is bound in many ways by geography. No doubt about it. It may be less of a loophole in our MBA and more of a loophole in federal labor law.
I’m not sure the Department of Labor gives labor unions the ability to force terms on foreign markets.
It’s definitely of concern.