On October 14, 2009, Los Angeles Superior Court, Judge Carl J. West granted preliminary approval of the settlement in the class action lawsuit entitled Richert v. Writers Guild of America, West, Inc. Case No. BC339972, concerning the Guild’s Foreign Levy Program. A copy of the complete settlement agreement (“Settlement”) is here.

In connection with the Settlement, a Notice of Class Action and Proposed Settlement (“Notice”) was mailed to approximately 17,000 WGA members and non-members who are part of the proposed settlement class. A shorter version of the Notice was also e-mailed to about 7000 individuals in that same group for whom the Guild had e-mail addresses. A copy of the long form Notice is here.

The Guild has received a number of inquiries from writers who received the Notice. The following is an attempt to answer some of the most frequently asked questions.

Q: What is the lawsuit about?

A: The lawsuit is about the Guild’s administration of the Foreign Levy Program, which collects and distributes funds for exploitation of U.S. copyrighted works sold or distributed in 17 foreign countries. The preliminarily-approved Settlement affirms the Guild’s right to collect and distribute these funds to all U.S. writers — whether WGA members or not.

Q: How do I know if I’m in the class?

A: The class consists of writers (both members and non-members of the WGA), and the heirs and beneficiaries of writers, for whom the Guild has collected foreign levy funds. If you received a copy of the Notice, you are part of the class. If you didn’t receive the Notice but think you should have, please contact the number below.

Q: Why did I get the Notice in my mail or e-mail?

A: Class members received the Notice to give them information about the preliminarily-approved Settlement, and to notify them of their right to remain part of the Settlement, to opt out of the Settlement, or to object to the Settlement terms. These rights are outlined in Section VI of the Notice.

Q: What does the Settlement provide?

A: We encourage you to study the entire Settlement Agreement. In summary, it establishes standards for how the Foreign Levy Program will be administered in the future, including provisions for independent financial reviews, the publication of annual reports, and the dissemination of information about undistributed funds.

Q: Are foreign levy distributions going to continue during the settlement process?

A: Yes. While the settlement process is underway, the Guild will continue to distribute foreign levy payments. The Guild distributed $13 million in the last fiscal year alone.

Q: Does the Settlement guarantee that I am going to receive money?

A: No. The distribution of funds is based on exhibition data provided by foreign collection societies. Because distribution is ongoing, it is impossible to know how much money attributable to a particular title will be available for distribution if and when the Settlement becomes final. Unlike many class action settlements, this agreement will not result in a one-time payout to members of the class. Instead, it will establish procedures and resolve the status of certain undeliverable funds so the Guild can distribute money more quickly and completely.

Q: Can I look up how much money the Guild is holding for me?

A: No, the Guild does not hold funds once the writer entitled to the money has been identified. Since the Guild is continuing to disburse funds pending final approval of the Settlement, there is no list of writers or amounts to be paid once the Settlement becomes final.

Q: What happens if I don’t do anything?

A: If you don’t do anything in response to the Notice, you will remain part of the class and be bound by its terms in the event Judge West grants final approval.

Q: When will Judge West decide whether to grant final approval of the Settlement?

A: Judge West will conduct a hearing on final approval of the Settlement on March 9, 2010, at 9:00 a.m. Detailed information about the approval process is in the Notice.

If you have additional questions, you may contact the attorneys handling the lawsuit, whose names and contact information appear in Section VI of the Notice. If you want to talk to a Guild representative, please contact us by phone at (323) 782-4672 or by email at Foreign Levies Info.