ENTERTAINMENT INDUSTRY ENVIRONMENT
UNIONS
WGA--WRITERS GUILD OF AMERICA
SAG--SCREEN ACTORS GUILD
AFTRA--AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS
AEA--ACTOR'S EQUITY ASSOCIATION
DGA--DIRECTOR'S GUILD OF AMERICA
SSDC--SOCIETY OF STAGE DIRECTORS AND CHOREGRAPHERS
AFM--AMERICAN FEDERATION OF MUSICIANS
CLGA--COMPOSERS AND LYRICISTS GUILD OF AMERICA
*UNIONS NEGOTIATE SALARIES, BENEFITS and WORKING CONDITIONS
3-TIER COMPENSATION SYSTEM
1. UNION collectively bargains for minimum salary rate
time
piece of work
2. INDIVIDUALS negotiate compensation
salary
% of profits
3. UNION negotiates residual rights
BILLING
BILLING AS MANDATED BY UNION CONTRACTS
EXAMPLES:
1. SSDC--For the director of a Broadway play. The director must receive billing
in all programs and houseboards on a separate line on which no other material
may appear.
2. WGA--For the writer for a motion picture. Credit must appear on a separate
card on which no other material appears except the source credit material.
3. DGA--For the director of a motion picture. Credit must appear on a separate
card no less than 50% of the size of the title or of the largest credit accorded
to any other person, whichever is larger.
Case: Marino v. WGA, East, Inc., Francis Ford Coppola, and Mario Puzo (9th Cir. 1993).
ANTI-TRUST
SHERMAN ACT:
Prohibits illegal price fixing
Prohibits conspiracies to monopolize
concerted action
overt acts in furtherance of the conspiracy
specific intent to monopolize
Prohibits monopolization
defendant has monopoly power in the relevant market, or
there is a dangerous probability of achieving monopoly power,
and there is a specific intent to monopolize
Case: Broadcast Music, Inc. v. CBS (1979)
BMI and ASCAP issue "blanket licenses."
copyright holder>>>ASCAP/BMI>>>licensee (tv/radio station)
licensee>>>report/$>>>ASCAP/BMI>>>copyright holder
CBS claims this is illegal price fixing
Case: Columbia Broadcasting System, Inc., v. ASCAP (2d Cir. 1980)