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October 14, 1998 2:00 AM
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Guild Members Rights Protcted By Congress; Miramax Gets Craven With Wes

Gets Craven With Wes

Compiled by Mark Rabinowitz




>> Congress Acts To Protect Guild Members' Rights

On Monday, to the applause of the Directors Guild of America, Writers
Guild of America and the Screen Actors Guild, the U.S. House of
Representatives passed section 4001 of the Digital Millennium Copyright
Act
, designed to protect the economic rights of film directors, writer
and performers. This section of the Act, also referred to as the World
Intellectual Properties Organization (WIPO) legislation, ensures that
when films are transferred to new owners or distributors, directors,
writers and performers are legally guaranteed payment of residuals as
provided by their respective collective bargaining agreements.


According to a Directors Guild of America release, section 4001 states
that when a film's copyright is transferred (usually to a distributor),
the party receiving the ownership (transferee) is obligated to make any
residual payments set forth in the applicable collective bargaining
agreement if it "knows or has reason to know at the time of the transfer
that such collective bargaining agreement was or will be applicable". In
addition, if a court order is issued that confirms an arbitration award
against the previous copyright owner (transferor) and that previous
owner cannot pay the award within ninety days of the issuance of the
order, the new owner of the copyright is liable for the awarded sum.


However, if the transferor fails to notify the transferee of any
applicable collective bargaining obligations before the copyright is
transferred, the transferor will be liable to the transferee for any
damages suffered by the transferee due to the failure to notify. Any
disputes regarding this law must be determined in U.S. district court.
The Digital Millennium Copyright Act now goes to President Clinton to be
signed into law.

>> Craven Set To "Scream" Again

Wes Craven ("50 Violins," "Scream") and his producing partner Marianne
Maddalena have signed a four year deal with Miramax Films and their
genre division, Dimension Films. Under the terms of the deal, announced
Tuesday by Miramax Co-Chairmen Bob and Harvey Weinstein, Craven will
direct "Scream 3" for Dimension and two other films for either Dimension
or Miramax. Craven and Maddalena will also exec produce four films for
Dimension, to be released under the "Wes Craven Presents" banner. "50
Violins
" is the narrative re-working of a story first told in Allen
Miller's documentary, "Small Wonders." "Scream 3" is intended to be the
final chapter in the "Scream" franchise.

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