OT-Deceased Actor's Residuals

[dvlvan26]

Good Day To All The Lovely Cousins!

I have had this question burning in my mind for the last few weeks.

The question is: If a deceased actor is featured on a show after he/she has died, where does his/her residuals go to?
                       Who get the residuals? The family of the deceased, the talent agency, the sydicated networks or
                       anyone else that was affiliated with the deceased actor?

Have A Great Day!
dvlvan26, who doesn't regret not getting the opportunity of being an actress         

[Raineypark]

I imagine it depends entirely on the performer's contracts and will.  Anything owed to outside parties would be paid, and anything that would be the actor's would be handled as part of their estate and  would be distributed to the heirs.

You wonder about the most esoteric things, dvlvan26...

[victoriawinters]

A performance whether by movie, electronic, TV, etc. is protected under U.S. Copyright Law.  This right can be sold or transferred by written contract.  Thus, if the performer sold their rights, the heirs would get nothing.  However, if they retained their rights the perfomance law states it expires after 50 years of its release.  It's I believe a different right when it's intellectual copyright like your original composition or a patent.

There is probably also collective bargaining agreements by Actor's Equity, AFTRA and the Screen Actor's Guild.  Those could be different rules from normal statute but is probably not less then the statute.

If I remember to ask, I do know an entertainment attorney so I'll firm this up the next time I see him.

[Brian]

I had a conversation many years ago with Marie Wallace in which she indicated that the actors on DS received no residuals for the VHS sales.  She mentioned that Jon Frid was pursuing a share of DC's royalties, but didn't know how it would turn out.  Home video (VHS or DVD) was not something ever considered in AFTRA and SAG contracts that far back.  Even today, both unions are still fighting with production companies to get money for their members from home video and internet.  Of course, I guess if one is a bonafide star, then one has the clout to get money or stop release on home video.  Alas, none of our DS actors had such clout, except maybe for Joan Bennett.

Brian