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The Protection Of Performers & their Rights In Asia Bangkok 14-16 December 2007 Performers Organisations Social Dialogue Contracts Andy Prodger UK.

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Presentation on theme: "The Protection Of Performers & their Rights In Asia Bangkok 14-16 December 2007 Performers Organisations Social Dialogue Contracts Andy Prodger UK."— Presentation transcript:

1 The Protection Of Performers & their Rights In Asia Bangkok 14-16 December 2007 Performers Organisations Social Dialogue Contracts Andy Prodger UK

2 A Short History

3

4 1952 Established International Federation With French Performers Union FIA

5 2007 36000 Members 36000 Members 2500 Student Members 2500 Student Members Members Pension Scheme £12m Members Pension Scheme £12m Over 25 Film TV and Radio collective agreements Over 25 Film TV and Radio collective agreements Over 21 Theatre and Variety collective agreements Over 21 Theatre and Variety collective agreements British Equity Collecting Society British Equity Collecting Society

6 Film & TV Agreements BBC TV BBC TV BBC Radio BBC Radio BBC On-line BBC On-line ITV ITV Independent TV Independent TV Cinema Film Cinema Film Welsh TV Welsh TV Radio Commercials Radio Commercials TV Commercials TV Commercials Non Broadcast Video Non Broadcast Video Spoken Books Spoken Books Pop Video Pop Video Gramophone Gramophone Pod Casts Pod Casts Mobisodes Mobisodes Video On Demand Video On Demand Internet Internet Video Games Video Games

7 Theatre and Variety Agreements West End West End Subsidised Theatre Subsidised Theatre Commercial Theatre Commercial Theatre Small Scale Theatre Small Scale Theatre Cast Recordings Cast Recordings Opera Opera Ballet Ballet Clubs Clubs Cruise Ships Cruise Ships Circus Circus

8 Recognition The Association and the Union agree that the spirit and intention of the Agreement is to create, maintain and further good relations between Producers and Artists to encourage successful British Film production for the mutual benefit of both. The Union is recognised by the Association and the Association by the Union for the purpose of collective bargaining, as the sole representative organisations of Artists and Producers within the scope of this Agreement.

9 Recognition Any rights of exhibition, transmission or other exploitation of the Film that are not provided for in this Agreement shall be subject to separate agreement between the Producer and the Union. Such agreement shall be deemed to be included in and part of the original contract between the Producer and the Artist relating to the Film.

10 Scope of Membership Actors Actors Singers Singers Dancers Dancers Stunt Performers Stunt Performers Voice Artists Voice Artists Walk-on’s Walk-on’s Puppeteers Puppeteers Circus Circus Stage Managers Stage Managers Theatre Designers Theatre Designers Theatre Directors Theatre Directors Choreographers Choreographers Fight Directors Fight Directors Street Performers Street Performers Variety Acts Variety Acts

11 Collecting Society Friday, December 14, 2007 7:52:44 AM About the British Equity Collecting Society Friday, December 14, 2007 7:52:44 AM About the British Equity Collecting Society Whilst there is a long history of collective management in the field of authors’ rights, it is a relatively new phenomenon for audio-visual performers. The central reasoning behind the collective management of rights is that it is almost impossible for individuals to keep track of and secure payment for all the uses their work is put to. The individual therefore authorises a collective body to license works and secure payment on their behalf. Whilst there is a long history of collective management in the field of authors’ rights, it is a relatively new phenomenon for audio-visual performers. The central reasoning behind the collective management of rights is that it is almost impossible for individuals to keep track of and secure payment for all the uses their work is put to. The individual therefore authorises a collective body to license works and secure payment on their behalf. Some rights, such as the right to remuneration for private copying, are impossible to administer individually, they are therefore under compulsory collective management, i.e. only a collecting society can license, collect and distribute the revenue. The audio-visual performers' rights under collective administration differ in each member state. In the UK only the enforcement of the right to equitable remuneration for rental requires the intervention of a collecting society, whilst the lending right, along with a number of exceptions to exclusive rights, necessitates a collective licensing body. In other EU member states, the cable retransmission right and communication to the public right are under compulsory collective management by a collecting society. In 1998 the performers' union Equity recognised the need for a collecting society to enforce their members' rights in the UK and to collect revenue that was accruing for their members from the compulsory collective administration of their rights in other EU member states. They therefore established British Equity Collecting Society (BECS). Although BECS is a separate company, with its own Board of management and members, it has institutional links with Equity in that its Board is elected from and by the council of Equity. It also works closely with Equity on rights related issues to ensure that British performers benefit from the highest possible level of protection and support. Some rights, such as the right to remuneration for private copying, are impossible to administer individually, they are therefore under compulsory collective management, i.e. only a collecting society can license, collect and distribute the revenue. The audio-visual performers' rights under collective administration differ in each member state. In the UK only the enforcement of the right to equitable remuneration for rental requires the intervention of a collecting society, whilst the lending right, along with a number of exceptions to exclusive rights, necessitates a collective licensing body. In other EU member states, the cable retransmission right and communication to the public right are under compulsory collective management by a collecting society. In 1998 the performers' union Equity recognised the need for a collecting society to enforce their members' rights in the UK and to collect revenue that was accruing for their members from the compulsory collective administration of their rights in other EU member states. They therefore established British Equity Collecting Society (BECS). Although BECS is a separate company, with its own Board of management and members, it has institutional links with Equity in that its Board is elected from and by the council of Equity. It also works closely with Equity on rights related issues to ensure that British performers benefit from the highest possible level of protection and support. © 2007 The British Equity Collecting Society Website by KDM Technologies Ltd. | Terms & Conditions British Equity Collecting Society Limited is a company registered in England No 3547531. Registered Office: Guild House, Upper St Martin's Lane, London WC2H 9G © 2007 The British Equity Collecting Society Website by KDM Technologies Ltd. | Terms & Conditions British Equity Collecting Society Limited is a company registered in England No 3547531. Registered Office: Guild House, Upper St Martin's Lane, London WC2H 9GKDM Technologies Ltd.Terms & ConditionsKDM Technologies Ltd.Terms & Conditions

12 Working Conditions Working Hours: Working Hours: Travel: Travel: Rehearsals Rehearsals Break between calls Break between calls Credits Credits Meal breaks Meal breaks Equal opportunities Equal opportunities Disputes procedures Disputes procedures Grievance/disciplinary procedures Grievance/disciplinary procedures Sickness procedures Sickness procedures Dangerous work Nudity/simulated sex acts Insurance Time of Payment Script delivery/changes Late delivery of contracts Overtime The use of special stipulations Options

13 Other Issues Opening/Closing sequences Opening/Closing sequences Promotional trailers Promotional trailers Factual productions containing dramatic contribution: Factual productions containing dramatic contribution: Multi-episodic payments Multi-episodic payments Extension of the first call period Extension of the first call period Second call payments Second call payments Post-synchronisation Post-synchronisation Still photographs Still photographs Recap shots & flashback/flashforward Recap shots & flashback/flashforward Stock shots Stock shots Night work/dawn calls Night work/dawn calls Extended Days Extended Days Nightwork on a 7th day or declared holiday Nightwork on a 7th day or declared holiday Weather cover Schools/adult education productions Weather cover Schools/adult education productions Compilation productions Compilation productions Recordings of complete live performances Recordings of complete live performances Provision of financial guarantees Provision of financial guarantees Cast lists Cast lists Casting of Artists Casting of Artists Assignment clause Assignment clause Pre/post Production Pre/post Production Quit Clause Quit Clause Force Majeure Force Majeure Forum Forum Regulatory audit of provisions Regulatory audit of provisions

14 Useful Websites www.equity.org.uk www.equity.org.uk www.equity.org.uk www.tvischanging.com www.tvischanging.com www.tvischanging.com www.equitycollecting.org.uk www.equitycollecting.org.uk www.equitycollecting.org.uk www.fia-actors.com www.fia-actors.com www.fia-actors.com

15 THEFUTURE?


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