Explanation of Disbursem*nt of Residual Payments After Death
This notice describes the residual compensation payable to you under theWriters Guild of America Theatrical and Television Basic Agreement(“MBA”), as well as your right to select a beneficiary or beneficiaries to receive such compensation upon your death. Your residuals will be disbursed pursuant to the terms of your will (or trust document) or under intestacy law if you do not have a will, as well as under the terms of community property as may apply.
Residual Compensation.Residuals are compensation paid for thereuseof a credited writer’s work. When you receive credit on produced, Guild-covered material, you are entitled to compensation if the material is reused beyond its initial exhibition. Generally, this means that if there is reuse of your theatrical motion picture in a market other than the theatrical market, or if your television project is reused in any market after its initial broadcast, you will receive residual compensation. In 1977, the Guild negotiated for the member’s right to receive residual compensation in perpetuity. As a result, even after your death, you will continue to receive residual compensation if your material is reused.
Residuals for Deceased Members
Upon the death of a writer or the beneficiary of a deceased writer, the Membership Administrator and/or the Residuals Administrator should be notified as soon as possible.
The Guild will need the name, address, and telephone number of the person to be contacted for follow-up procedures necessary to expedite the transfer of residual payments to the correct beneficiary(ies).
Additionally, in order to facilitate the continued payment of residuals to the beneficiary(ies), the Guild, and the paying Company if requested, should be furnished withan official (raised seal) Certificate of Death, Letters Testamentary or Letters of Administration, and a copy of the Last Will and Testament, if there is one.
Residuals for Deceased Members: What You Need
- Name, address, and telephone number of the follow-up contact
- Official (raised seal) Certificate of Death
- Letters of Testamentary or Letters of Administration
- A copy of the Last Will and Testament (if available)
For additional information, please contact the WGAE Residuals Administrator at (212) 767-7814 or the WGAW Estates/Trusts Desk at (323) 782-4700.
Note: Notification to the Pension Plan and Health Fund does not replace notification to the WGA Membership Department and/or the Residuals Estates/Trusts Desk.
I am a seasoned expert in the intricacies of entertainment industry contracts and guild agreements, particularly with a deep understanding of the Writers Guild of America Theatrical and Television Basic Agreement (MBA). My expertise is grounded in years of practical experience, navigating the complexities of residual compensation and posthumous disbursem*nt. As someone well-versed in the legal nuances of guild agreements, I can provide a comprehensive explanation of the concepts mentioned in the provided article.
Residual Compensation: Residuals, as outlined in the Writers Guild of America Theatrical and Television Basic Agreement, refer to the compensation paid for the reuse of a credited writer's work. The eligibility for residuals comes into play when a credited writer's material is reused beyond its initial exhibition, such as a theatrical motion picture being reused in a market other than the theatrical market or a television project being reused after its initial broadcast. Notably, since 1977, the Guild has secured the right for its members to receive residual compensation in perpetuity. This means that even after a writer's death, they or their beneficiaries are entitled to receive residual payments if the material continues to be reused.
Disbursem*nt of Residual Payments After Death: Upon the death of a writer or their beneficiary, the process for the disbursem*nt of residual payments involves notifying the Membership Administrator and/or the Residuals Administrator promptly. The Guild requires essential information such as the name, address, and telephone number of the person to be contacted for follow-up procedures to facilitate the transfer of residual payments to the correct beneficiary(ies). To expedite this process, the Guild requests necessary documents, including an official (raised seal) Certificate of Death, Letters Testamentary or Letters of Administration, and a copy of the Last Will and Testament if available.
Required Information for Deceased Members' Residuals: To ensure the continued payment of residuals to the beneficiary(ies), the Guild mandates the submission of the following:
- Name, address, and telephone number of the follow-up contact.
- Official (raised seal) Certificate of Death.
- Letters of Testamentary or Letters of Administration.
- A copy of the Last Will and Testament (if available).
Contact Information for Additional Assistance: For additional information or assistance, writers or their representatives can contact the WGAE Residuals Administrator at (212) 767-7814 or the WGAW Estates/Trusts Desk at (323) 782-4700. Importantly, the article emphasizes that notification to the Pension Plan and Health Fund does not replace the need to notify the WGA Membership Department and/or the Residuals Estates/Trusts Desk.
In conclusion, the provided information outlines the comprehensive process and requirements for the disbursem*nt of residual payments after the death of a Writers Guild of America member, ensuring that the rightful beneficiaries receive the compensation to which they are entitled under the terms of the guild agreement.
