미국 작가계약의 주요 쟁점에 관한 연구 - 미국작가조합과 최소기본약정(MBA)을 중심으로 -

The Research on the Issues of Writers Contract in the United States of America

An writer’s contract is a contract that a writer enters with a production or broadcasting company. The contract guarantees an income for the writer based on the revenue that the company generates. The progress of information and communication technology (ICT) now causes the broadcasting environment to change at a rapid pace, and is transforming the structure of broadcasting companies’ revenue to include not only advertising fees, but also subscription fees and program/content sales. In the United States, the Writers Guild of America (WGA) has been making sure that changes in the broadcasting environment, such as the emergence of new media and platforms, are adequately reflected in authors’ contracts. The WGA engages in diverse activities to protect the rights and interests of writers, including collective bargaining with filmmaking and broadcast content production companies, arbitration over credit-related disputes, and collection and distribution of residuals. The WGA’s minimum basic agreement (MBA), whose terms are decided through collective bargaining, contains provisions on credits, minimum compensation, the payout of residuals, matters of separation of rights, arbitration, pension plans, medical care funds, location expenses and a host of other matters. Although the number and types of disputes between broadcasting companies and writers continue to increase in Korea, the author’s contract used in the Korean broadcasting industry today still contains only bare minimum and abstract provisions. The Ministry of Culture, Sports and Tourism (MCST) has recently started discussions with the Korea TV and Radio Writers Association, major broadcasting companies and production companies to make a standard author’s contract. Not much progress has been made, however, on important issues. It is crucial to establish an effective and fair standard contract on the basis of adequate feedback from diverse stakeholders and by finding the right balance between the MCST’s policy goals with stakeholders’ interests. In the process, stakeholders may need to refer to the experiences of the WGA and its MBA and find and design institutional measures that will provide sustainable and effective support for writers amid the rapid changes of the broadcasting environment.