First, here, is a letter published in the Hollywood Reporter for an actor that didn’t take to kindly to recent commentary in the Reporter.
Posted: Sun., May 18, 2008, 2:56pm PT
SAG hip to clip issue
Actor must give consent for online use
By DAVE MCNARY
SAG's leaders are drawing a line in the sand: In the future actors must still be asked for their consent for clips of their film and TV work to be displayed online.
The clip issue's emerged as a key point in SAG's feature-primetime negotiations with the majors, set to resume May 28 -- or earlier, should the AFTRA primetime talks conclude quickly. AFTRA's negotiations go into their ninth day today at the headquarters of the Alliance of Motion Picture & Television Producers.
In a recent SAG website video posting, national exec director Doug Allen took issue with the congloms' proposal that they be allowed to be distribute such clips online -- with payment but without consent required -- and stressed that actors have had the right of refusal in traditional media for 50 years. He called it "one of the real boulders in the road" that the two sides need to traverse in order to reach a deal.
"We think that's a real problem, and we suspect that the membership will agree with us," he said of the issue. SAG's holding a member meeting on the negotiations at the WGA Theater in Beverly Hills tonight.
Studios and broadcast networks can use clips for promotional purposes but are required to negotiate with the performers when the clips are used for entertainment. The companies are seeking to develop a market for clips to compete with pirated footage on the Web but assert that being required to seek individual approval from thesps would be so cumbersome as to preclude the feasibility of the business model.
Allen also emphasized during the five-minute message that SAG had spent "quite a bit of time" during the 18 days of negotiations on another consent issue -- actors being given the right to refuse to allow product integration in scenes in which they're performing.
"We recognize that that kind of product integration and placement is necessary to finance television and movie projects, but we want to make sure that they have the opportunity to say no if it's in conflict with something they're doing outside of the show or if they're just uncomfortable doing it," he said.
Allen chided the AMPTP for not restarting negotiations sooner, saying it's "wasting time" by not resuming that SAG talks immediately.
SAG's contract talks recessed May 6 despite objections from the guild that a deal was within reach. The congloms disagreed with that assessment and insisted they were obliged to launch the twice-delayed negotiations with AFTRA, which opened the next day.
Allen also insisted that SAG wants to make a deal, even though the town remains unconvinced that the guild will do so prior to the June 30 contract expiration.
"We're prepared to go back to the table and get this deal done as soon as possible," Allen said. "We need management to realize that these are issues important to actors and that the industry needs this to be settled."
Neither AFTRA nor the AMPTP has had any comment about the AFTRA talks, which have taken place amid a news blackout. AFTRA's contract also expires June 30 and is being negotiated separately from SAG following a series of bitter disputes between the unions over TV jurisdiction.
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Here is a just released letter to the Membership from AFTRA President Roberta Reardon.
May 19, 2008
Dear AFTRA Member:
As you know, AFTRA has been in negotiations with the Alliance of Motion Picture and Television Producers (AMPTP) on our contract covering primetime network dramatic programs—also known as Exhibit A—since May 7. Because a press blackout is in effect for these talks, I felt it was important to contact you directly with you a brief update.
We are confronting a number of challenging issues, and a resolution may not be quick or easy. However, our discussions with the Industry have been professional and businesslike, and we remain focused on continuing negotiations in this vein.
As expected, there are several significant issues in the area of New Media—including, most notably, how AFTRA members will participate in original New Media productions, and under what circumstances employers can exploit excerpts from traditional TV programs in New Media.
The AFTRA Negotiating Committee is engaged in thoughtful and pragmatic discussions about how to ensure that performers are best protected as we consider these thorny issues.
We’ve already delivered a strong message that performers will not relinquish consent for excerpts in New Media, which would compromise the integrity of members’ work, their reputations, or their employability in scripted programming.
The Negotiating Committee is also mindful of the hard realities affecting the television business today—including audience fragmentation, piracy, and the other complexities arising out of the fast-evolving New Media landscape—and the impact this has on the wages and job opportunities for working performers.
AFTRA members and the Industry should be able, given appropriate safeguards, to satisfy and profit from the consumers’ desire to access content through legitimate New Media sources, as opposed to the unlawful and uncompensated piracy that threatens the entire entertainment industry. There are no easy solutions, which means that our Negotiating Committee must be both innovative and pragmatic, and the Industry must also embrace a realistic approach.
Given the rapid changes happening around us, we cannot afford to waste any time chasing rainbows.
Our obligations to AFTRA members requires us to be focused, firm, and solutions-minded in order to effectively ensure that working performers have a fair and realistic chance to participate in the future of the television industry.
I want to acknowledge the work of your Negotiating Committee Chair, Matt Kimbrough. Matt has demonstrated stellar leadership in keeping our committee energized and focused during these tough talks. The members of the AFTRA Negotiating Committee—all of whom are volunteers—have devoted a tremendous amount of time and energy to achieving meaningful contract improvements for all members working in primetime television.
I appreciate the hard work and dedication of Polly Adams, Dave Andriole, Bobbie Bates, Alan Blumenfeld, Susan Boyd Joyce, Stephen Collins, Milo Edwards, Jason George, Jay Gerber, Holter Graham, Robert Pine, Sam Robards, and Ann Walker, as well as other members of the committee who have attended negotiations in person or by teleconference during the past ten days.
As you know, AFTRA members recently voted to ratify the new Network Code. While Exhibit A is very different from the Network Code, what we learned and gained from the Network Code negotiations is proving enormously useful in our current talks. AFTRA also twice delayed our own primetime negotiations so the Screen Actors Guild could continue theirs, and this respect and courtesy was reciprocated by our brothers and sisters in the Guild who shared their experiences during the primetime/theatrical talks they had with the AMPTP shortly before we began our own discussions.
One thing they learned from the Network Code agreement is that actors didn’t take too kindly to their excerpt agreement that didn’t retain consent for actors in regards to their clips on the internet To view a discussion on this issue click the following link. http://more.showfax.com/bbs2/viewtopic.php?t=6059&postdays=0&postorder=asc&&start=165
Negotiations resume today, so please continue to support the efforts of your Negotiating Committee to find creative solutions that protect and enhance the lives of working performers. We want to hear from you, and encourage you to email primetime@aftra.com to share your questions, feedback, and support.
Thank you for your participation in your union and your solidarity within the community of professional performers.
In solidarity,
ROBERTA REARDON
AFTRA National President[/q0
All Formatting is SAG Watchdog's.
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Actor Fires Back at Hollywood Reporter Commentator! Also stories on Clip Use, an update on AFTRA negotiations, and a video with SAG Ned Doug Allen on clips.
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