* Once again, Handel does not have a "Handel" and Kathy Joosen's latest response, "Kiss My Ass!" * Kathy Joosten responds to SAG Members that don’t want to work for food: “Go stuff it !!” *alert Joosten Time, Another in the Watchdog (Back to Work Series.) "They're ready for their Tuna Sandwiches, Mr. DeMille!"

*Read Mr. Handels comments and Ms. Joosten's "stuff it" and "Kiss My Ass!" response below

Well the promise has materialized, ah, well some of it anyway, SAG actors get back to work UNDER UNION CONTRACTS on the Internet. You all remember, how Tom Hanks and his “go-along-to-get-along” pals told rank and file actors how this was a smart contract.

Oh, and union-hating award winning actress Kathy Joosten telling you--on that SAG Vote "Yes" video--that “non union did not mean no pay.” Well maybe, but what she didn’t tell you was that a SAG union project for new media did. (Click to see her video) http://www.youtube.com/watch?v=pRau1r-SZb4

Yes, Hollywood is back to work under the new contract pushed by the compliant USAN New York and branches leadership, along with Ned "Uncle Joe" Vaughn and his UFS party.

Well, Ned said, "This contract would help actors feed their familes." I’m really not sure how that will happen in this case, ah, unless they get to take home some of Kathy Joosten’s scraps.

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Nurses Who Kill
Internet, SAG Posted: 6/15/2009
________________________________________
Union Status SAG
Rate SAG New Media Contract, credit-meals-and-opportunity to work with an award winning team

Submissions Due By 6/19/2009

Shoot/Performance Dates
6/26/2009, 6/27/2009, 7/3/2009, 7/6/2009

Shoot/Performance Location
TBA
Los Angeles

Shoot/Performance Dates Note
All background roles will be featured and receive close-ups.

Submission Due By Note
All actors must be SAG

Synopsis
Two nurses moonlight as assassins. In each episode, deliciously dark comedy unfolds, as this pair of mismatched hit-women attempt to right the wrongs done to their clients.

Project Notes
"Nurses Who Kill…" was created by multiple award-winning writer and actress Ann Noble, and actress/producer Chane’t Johnson (Without a Trace, Girlfriends, LAX, ER ) who’ll also star. Cast also includes Emmy-winning actress, Kathy Joosten(West Wing) and Tony-nominated triple-threat, Valarie Pettiford (Fosse, Stomp the Yard, Half and Half). The series will be directed by Katy Garretson (Frasier, Girlfriends, and George Lopez).

Audition Note
Casting directly from online submissions and possible phone interview.

Role
submit
3 MORE ONLOOKERS / SAG / "Sunday, June 27th" / Background / Male or Female / All Ethnicities / 25-80
3 Onlookers for a news cast, different faces from June 26th
Wardrobe: Talent to bring 3 choices of outfits
Rate: Credit-meals and the opportunity to work with an award-winning team

Role Added 6/15/2009 11:48:00 AM

Other Roles Fit-For-Me
submit
15 HIGH SOCIETY PARTY WOMEN / SAG / "Monday, July 6th" / Background / Female / All Ethnicities / 45-80
Distinguished, wealthy, high society socialites. Orange County WASPs at a Republican tea party. People who look perfect will get close-ups.
Wardrobe: Pastels, no yellow, no white. Talent to bring 3 choices of outfits.
Rate: Credit-meals and the opportunity to work with an award-winning team

Role Added 6/15/2009 12:24:00 PM

submit
DOCTOR / SAG / "Friday, July 3rd" / Background / Male or Female / All Ethnicities / 40-60
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 12:20:00 PM

submit
HOSPITAL PATIENT / SAG / "Friday, July 3rd" / Background / Male or Female / All Ethnicities / 25-80
Wardrobe: Hospital Gown
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 12:18:00 PM

submit
3 ONLOOKERS / SAG / "Friday, June 26th" / Background / Male or Female / All Ethnicities / 25-80
3 Onlookers during a news cast
Wardrobe: Talent to bring 3 choices
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 10:40:00 AM

Other Current Roles
submit
9 HIGH SOCIETY PARTY MEN / SAG / "Monday, July 6th" / Background / Male / All Ethnicities / 45-80
Distinguished, wealthy, high society socialites. Orange County WASPs at a Republican tea party. People who look perfect will get close-ups.
Wardrobe: Talent to bring 3 choices of outfits - colorful outfits preferred, no yellow, no white.
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 12:25:00 PM

submit
WAITER 2 / SAG / "Monday, July 6th" / Background / Male / All Ethnicities / 35-45
The perfect, seasoned waiter. He's almost a butler. There will be close-ups on him.
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 12:22:00 PM

submit
CAMERA GUY / SAG / "Friday, July 3rd" / Background / Male / All Ethnicities / 30-39
Wardrobe: Talent to bring 3 choices of outfits
Rate: Credit-meals and the opportunity to work with an award-winning team
Role Added 6/15/2009 12:21:00 PM

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And don’t talk to me about low budget SAG films, or student films. SAG Low budget films have a minimum guarantee, and more pay if the project succeeds. (The new media provision has a stipulation that SAG will not interfere.) and these are definitely not neophytes, just getting started. If this project succeeds, Joosten and her friends will be amply rewarded. As to those SAG members that worked for food, maybe they will send them napkins in lieu of residuals.

Stay tuned, this is just the beginning under the current "let’s just keep working" SAG leadership mentality.

The vote "Yes" crowd kept telling us about hard times. Well, now they’ve got actors working for Depression wages under a SAG contract, "Will work for food."

Hmmm…and here I thought that in California, employers at least had to pay minimum wage. I guess not as long as it’s a SAG Union Contract with a "Covered" performer. Hey, but you know that it’s gonna’ be a great artistic triumph if every background actor is going to get a close-up.

Kathy Joosten responded to the Ol’ Dog’s post on the SAG actor bulletin board.

Hmmm…knowing Kathy Joosten, if the “lunch” is being served at her house, SAG members working for lunch, best heed her advice during your meal and “go stuff it", because if there are any leftovers, she will most likely keep them.

Yes, Kathy, it is a SAG approved project. One you campaigned for with the statement that “Non-union does not mean no pay.” As for her statement that she is not going to get one god damn penny for her work on the project! Does anyone truly believe that if this project is a hit, and it is picked up by the network that Ms. Joosten, as one of the stars, will not make a penny?

Look if Emmy award winning, Ms. Joosten wants to donate the use of her home, most likely purchased with SAG residuals, that is up to her, but when any SAG project takes advantage of SAG members by offering them nothing but food, “Huston we got a problem.”

But, instead of solving the problem, Ms. Joosten and her like-thinking USAN/UFS pals response is “Stuff it!”

Look, those who pushed this contract (one that takes oversight of these kinds of projects out of the hands of the Screen Actors Guild and into the hands of producers) don't seem to care that they have condoned a template for SAG member abuse. In fact it is becoming more apparent every day that they don't seem to care about anything but to continue working, at any cost, and merging with a union that doesn't think twice about screwing actors.

“All terms and conditions of employment including initial compensation and deferred compensation, if any, will be subject to negotiation between the Producer and the individual performer….the Guild agrees that it will not interfere in any such negotiations between the performer and the Producer.”

---

Once again Handel does not quite have a Handel on all the facts. Oh, and now sweet Kathy Joosten tells the Ol’ Dog and others to “Kiss Her Ass

”

In response to my post on the Joosten New Media ‘Work for Food” project, entertainment lawyer, Jonathan Handel, the USAN/UFS/AFTRA/AMPTP First Baghead Blogs’ go-to-guy posted the following article.

Now, I’m sure Mr. Handel knows his stuff when it comes to entertainment law, but when it comes to SAG contracts, he doesn’t quite have a “handel” on it.

http://digitalmedialaw.blogspot.com/2009/06/independent-new-media-productions.html
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There are casting notices out there for SAG new media productions under the “SAG New Media Contract.” A few notes may help clarify what these are, and help performers enforce a few of their rights.

First, this is not the new media sideletter recently negotiated with the AMPTP (major studios) as part of the theatrical contract. Rather, it’s a new media contract (the SAG New Media Agreement) that’s been available to independent producers for a number of years—that is, producers who are not signatories to the theatrical and/or agreements. So, disagreements that a performer may have with this agreement simply don’t relate to the compromises in the new TV/theatrical deal.

Mr. Handel needs to do a little more research before making such a misinformed statement. Hopefully he is not getting his information from one of the ‘Anonymous One’s’ running the Baghead Blog SAG Watch “On the Rhine.” These new media contracts have not been available to independent producers for years. A quick check with ‘contracts’ at SAG would tell him that the AMPTP Basic Codified Agreement is the template for the SAG Independent Producers Agreement.

Second, under sec. 3 of the SAG New Media Agreement, wages are freely bargained by the employer and the performer.

And that is exactly the same provisions that prevail in new media projects such as the one Ms. Joosten is associated with. Here is the exact wording of the provision (D.)

Oh by the way, in case you didn’t know, any project made for use on free-to-the-consumer, advertized-supporter platforms will pay NO RESIDUALS!

(i.e. you could work for minimum wage, and producers could then run the show forever on the Internet without any residuals.)

You been Whipsawed, Baby

Third, performers should recognize that independent producers are unlikely to make much, if any, money on these productions. Even the studios are shutting down their new media production entities (Stage 9, 60 Frames). And CPMs (advertising rates) for new media are at about $10 rather than $40-$50 (TV) or more, and with viewership on new media much less as well. These two factors, as well as the difficulty of finding any new media distribution at all, mean that independent producers will generally receive very little income from their new media efforts.

I am not really sure what this has to do with anything. A hell of a lot of AMPTP movies and Independent movies don’t make any money, does that mean SAG actors should work for food. Sorry not relevant.

Fourth, it’s reasonable for performers to negotiate for back end (a piece of the producer’s gross or net revenues), so that if the producer does make money, so will the performer.

Right, day players or background players negotiatate back end deals. NOT! And what does this have to do with the Joosten project “Nurses Who Kill,” where BG are asked to work for food.

Fifth, when the producer offers to compensate you only in the form of “credit and meals,” or “credit, meals and tape,” that’s illegal. They have to pay you the greater of California minimum wage and federal minimum wage. California’s is higher—$8/hr.

Here, I agree with Mr. Handel

Overtime requirements are more complicated. See complex discussion of exemptions and exceptions (also here) regarding overtime for actors. Also, for workers with less than 160 hours of “employment in occupations in which they have no previous similar or related experience,” the producer can pay 85% of minimum wage. (I don’t know if acting classes count toward the 160 hours, since they’re not employment.)

In any case, if the producer doesn’t pay you the required minimum, you can file a wage claim with the state. You can also call SAG. Although they don’t enforce the minimum wage laws, they may call the producer and suggest that he follow the law.
Sixth, SAG does enforce terms of an agreement between the performer and the producer. So, rather than relying simply on the minimum wage law, it would be a good idea for the performer to include an explicit wage in the SAG new media deal memo with the producer (or a rider), even if the wage is just $8 per hour. SAG would then enforce the agreed wages, meaning that the performer wouldn’t have to rely on the vagaries of the state.

Original made for new media productions are still experimental, and the difficult reality for performers and other talent and workers, above and below the line, as well as their representatives, is that compensation is dramatically lower than in TV and theatrical, just as the revenue for producers is. However, that doesn’t mean that performers shouldn’t insist on some minimums, and hopefully the above suggestions are helpful.

Actually, all of the above, ignores the fact that the reason members joined SAG was so our guild would handle such matters. It tells you all you need to know about the direction our guild is headed, under the leadership of USAN/UFS, when it puts members in the position of getting advice from a lawyer to make sure the contract that they sign has a 'rider' to make sure they receive MINIMUM WAGE.

Note: This blog post is intended as general information, not specific legal advice. Check with a lawyer about your particular situation if you want definitive advice

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Charming Kathy Joosten’s latest missive aimed at the Ol’ Dog--and those who disagree with her participation in a new media project in which BG are asked to work for food.

(First off, I have been informed, via SAG that the “Nurses who Kill” project has not yet submitted their paperwork, and therefore this project at this writing is not officially a SAG project. But that even if it is a SAG project, since it is freely bargained, SAG will not get involved no matter what you work for EVEN FOOD.)

Now, normally the Ol’ Dog’s humor is fairly benign. But, I must admit my policy is ‘give as good as you get.’ Having said that I don’t resort to telling those who disagree with me to “Kiss My Ass.” This however is the response Ms. Joosten resorted to when confronted with her conflicting responses to her “Nurses” project. But then this UFS spokesperson has publicly stated that the sooner SAG crashes and burns the better. A statement, by the way, that neither Ned Vaughn, Amy Brenneman or Adam Arkin has disavowed. To the contrary they continue to use her as a spokesperson which tells you where they are coming from.

At First, Ms. Joosten said she didn’t make a penny on the Nurses project. Then it was learned that she and others would receive deferred payment. Caught in mischaracterization after mischaracterization, the UFS “Vote Yes” spokesperson finally exploded with the following.

Like I said, the Ol’ Dog usually gives as good as he gets without using vulgar language. The following was my response. (Check the cheeks.)

“Since the bar has already been lowered here. , I am not get one god damn penny for this. These people are members of the same theater I belong to. they are even using my home for a location. this is a SAG approved project under 3k and totally approved by SAG. So go stuff it.”

3. Reuse…(a) What Initial Compensation Covers.
Initial compensation shall..constitute payment…for ALL uses on free-to-the-consumer, advertiser-supported platforms transmitted via New Media. (hereinafter”advertiser-supported platforms.)

You been Whipsawed, Baby

What a bunch of pathetic losers. Miller, you'll do anything, say anthing to get attention. Crawl back into your hole. I haven't signed anything, I don't this this particular episode will make anyone any money any time. I'v had enough of all of you. Go kiss my ass.

I haven't signed anything, I don't this this particular episode will make anyone any money any time. I'v had enough of all of you. Go kiss my ass!

If it’s all the same to you, Kathy, ah, I think I’ll pass. Butt, butt, hey, why not take your own advice and “Go stuff it!”

“Since the bar has already been lowered here. , I am not get one god damn penny for this. These people are members of the same theater I belong to. they are even using my home for a location. this is a SAG approved project under 3k and totally approved by SAG. So go stuff it.”

3. Reuse…(a) What Initial Compensation Covers. Initial compensation shall..constitute payment…for ALL uses on free-to-the-consumer, advertiser-supported platforms transmitted via New Media. (hereinafter”advertiser-supported platforms.)

You been Whipsawed, Baby

What a bunch of pathetic losers. Miller, you'll do anything, say anthing to get attention. Crawl back into your hole. I haven't signed anything, I don't this this particular episode will make anyone any money any time. I'v had enough of all of you. Go kiss my ass.

I haven't signed anything, I don't this this particular episode will make anyone any money any time. I'v had enough of all of you. Go kiss my ass!

If it’s all the same to you, Kathy, ah, I think I’ll pass. Butt, butt, hey, why not take your own advice and “Go stuff it!”

3. Reuse…(a) What Initial Compensation Covers.
Initial compensation shall..constitute payment…for ALL uses on free-to-the-consumer, advertiser-supported platforms transmitted via New Media. (hereinafter”advertiser-supported platforms.)