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View Full Version : Animation Residuals: Up to your agent?


3brassbrads
07-30-2012, 12:57 AM
Convoluted to say the least. The main concensus in the business seems to be that animation writers DO NOT get residuals.

However, The Animation Guild Local 839 IATSE says:

Under article 4(c) of the collective bargaining agreement, you have the right to negotiate better terms and conditions than those in the collective bargaining agreement (whether it’s higher wages, more vacation, sick days, a better parking space... whatever.)

The CBA is a “floor”, a set of minimum standards. Beyond that, the sky’s the limit.

Interestingly enough, their master collective bargaining agreement expries July 31st.

Then the Writer's Guild of America, East says:

Writing performed for animated films, TV shows, and "webisodes" can in some cases be covered by WGAE contracts. Writers on shows like The Simpsons, Futurama, and Family Guy have long benefited from the terms and conditions of their Writers Guild contracts, earning benefits like residual payments, Guild pay rates, health insurance, and pension contributions.

If you are negotiating or have been hired to work on an animation project, give us a call at 212-767-7808 to see if we can help you devise a strategy to gain a Guild contract.

Finally according to an interesting article that came about about a year before the 2007 Writer's Strike by Animation Film Feature Writer Dominic von Riedemann said:

Apparently, animation writers *do* get residuals from their work, but on a case-by-case basis. It's like everywhere else in H'wood: you're fine as long as you have a good reputation, and a better agent. Most often, an agent will negotiate a residuals contract if he or she can.

Read more at Suite101: Animation writers get no residuals: ye olde debate begins again. | Suite101.com (http://suite101.com/article/animation-writers-get-no-residuals-a5668#ixzz225N89HmC)

Anyway, does anyone have any personal expereince with this... seems everything is up to negotiation if the writing and possible packaging is good enough.

Craig Mazin
07-30-2012, 01:03 AM
I negotiated residuals on an IA project. But it's rare.

Also, I believe they negotiated a new CBA recently.

3brassbrads
07-30-2012, 03:12 AM
Thanks for the response Craig, you are the definately the authority on all things that have to do with residuals.

So then, may I ask? Is there some other part of the negotiation in that case were an agent will try and make up for the possible cash cow missed down the road with back-end money or something else?

However laughable as it may be, under the guise, that a studio would give a damn about what the writer did or didn't get in the deal; and even though it is probably a moot point anyway, since most animation is done from scripts developed in-house -- but I am just curious if there are any unspoken concessions, even to the slightest degree, that may sometimes be even reluctantly agreed upon because of the glaringly absent residuals when it comes to animated scripts?

What actually classifies as animation aside from straight animation... does stop motion, live action/animated fall into the animated-thus-no-residual category too?

Thanks again.

Craig Mazin
07-30-2012, 10:17 AM
You can try and negotiate anything, but as always, you can get what you can get, and nothing more. They rarely concede on residuals or back end.

Stop motion is animation. Anything with live action is usually not. Mocap is currently live action, I believe, but I might be wrong.