Residuals have emerged as a key sticking point in the current pair of Hollywood strikes. But what are they, and how do they work?
Viewership data from streaming services such as Netflix and Disney+ has become a major sticking point in the writers’ and actors’ strikes.For instance, under WGA policy, residuals from made-for-TV projects can be based on either the project’s revenue or a mix of other factors including the type, length and budget of the project. With movies made for a theatrical release, the union says, residuals are always revenue-based.
For the most part “there’s no negotiation over the residual,” said Simon Pulman, a partner at Pryor Cashman LLP and co-chair of the firm’s entertainment group.With traditional film and TV projects, it’s relatively easy to equate viewership with profitability, such as by tracking box office ticket sales or Nielsen ratings.
But that process has gotten harder since Hollywood jumped headlong into the world of subscription-based streaming platforms, where watching an episode of “Stranger Things” on Netflix, for example, is less directly tied to revenue . “You could always connect entertainment and the consumption of entertainment with money,” said one former agent, who asked not to be named given the tensions of the strike. But nowadays the streamers “make their money off subscriptions, so [there’s] no way of knowing whether or not my show ... is directly correlated to a subscriber coming on board and generating revenue.”
In trying to adapt residuals to a streaming-centric world, Pulman said, industry stakeholders devised an “enormously complicated” formula that looked at a show or film’s length as well as how long it had been on the platform. But that calculation is not based on whether something is a hit or not, Pulman emphasized, meaning an extremely popular show could still pay out the same amount in residuals as a dud.
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