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July 9, 2024

Comment: Should Residuals In Syndicated Content Be Mandatory To Protect Writers And Performers?

Author: Devesh Kapoor

The practice of paying residuals to writers and performers for syndicated content has sparked significant debate, especially considering recent SAG-AFTRA strikes. While some argue that residuals are crucial to ensure fair compensation, others believe the evolving nature of content consumption necessitates reevaluating traditional payment structures. The author firmly believes that residuals should be mandatory to protect writers and performers, whose intellectual property continues to generate revenue long after the initial release.

Residuals are a critical aspect of intellectual property rights in the entertainment industry. Unlike one-time payment contracts, residuals ensure that creators and performers continue to receive a portion of the profits as their work is rebroadcast, streamed, or sold in secondary markets. This is crucial for a sustainable and equitable ecosystem for monetization of their intellectual property. Moreover, a robust residuals system can provide a more stable income for creative professionals, who often face unpredictable and unstable employment opportunities. This is particularly important for emerging talent, who may not command high upfront fees but whose work could achieve long-term success and profitability.

The counterargument often hinges on the changing landscape of media consumption. With the rise of streaming platforms and on-demand viewing, traditional models of syndication are evolving, if not changing completely. Critics argue that the concept of residuals is outdated and that new models of compensation should be explored. However, this perspective overlooks the reality that content, regardless of the platform, continues to generate revenue long after its initial release. By eliminating residuals, we risk devaluing the intellectual property of writers and performers, reducing their incentive to produce high-quality work.

Critics might further argue that mandatory residuals could burden production companies and impact their financial viability. However, it is essential to recognize that the intellectual property of the creative workforce is the backbone of the entertainment industry. Without fair compensation for intellectual property, the industry risks losing talented individuals to other fields or countries with better intellectual property protection regimes. Therefore, implementing residuals is not just about protecting individual artists but also about preserving the overall health and sustainability of the media and entertainment industry.

In conclusion, mandatory residuals in syndicated content are essential to protect writers and performers. They ensure fair compensation, promote income equality, and sustain the intellectual property of the creators and performers in the industry. As media consumption continues to evolve, so should our commitment to valuing and protecting the enduring creative intellectual property contributions of performers and creators in such media.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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