Posts by Graham Dunster
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Of course, as independent contractors, these children fall outside any other legislation anyway, so there was no real need to change anything. Business as usual.
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I have a photocopy of the original document which I've scanned as a pdf file. I don't have the high end software or knowledge to enable me to copy and paste from a pdf.
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It is easier, cheaper, more efficient and productive to fix problems before they become too big. This is a mantra for business. The drama production industry has known for years of actors' dissatisfaction with the way that they perceive they are treated. This dissatisfaction is why NZ Equity opted to join the MEAA. It is why there were recent requests for discussions on contracts for actors working on Outrageous Fortune 6, The Cult, This Is Not My Life. It is why there has been a long standing request to meet with SPADA to mutually agree minimum terms and conditions for drama actors.
The current situation is a direct result of decisions taken not to engage with Equity over the past years. The request to meet with the producers of The Hobbit was simply the latest in a series of chances for the industry to sit down with Equity and discuss the situation. Instead of dialogue, cant and vitriol were heaped on the actors, at first collectively and now individually.
There have been mutually agreed minimum terms and conditions for actors working on television commercials for decades, which has created an ongoing positive working environment for all parties.
Now that SPADA has finally agreed to talk to Equity over how to replace the existing unenforceable 'Pink Book' guidelines, perhaps we can move forward, accepting that at long last the producer/actor problem will be addressed in a constructive way and become an inclusive section of the entertainment industry.
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It's just been pointed out to me that the document posted by Russell as the one read out a the Weta meeting last week which I thought was the same as the one read out by Jed Brophy at the original Equity meeting all those weeks ago is, in fact, a rewritten version of that original document. (If someone can explain the complexities of posting the file I'm happy to upload it for your reading pleasure.) This original one contains the statement that 'Peter Jackson is a very proud and loyal member of six unions - The Directors Guild of America, the Producers Guild of America, the Screen Actors Guild of America and the Writers Guild of America, the New Zealand Writers Guild and the Screen Directors Guild of New Zealand and has acknowledged that these organisations do terrific work on behalf of their members.'
Having revisited this original document I'm struggling to understand how, amongst other things, he can be a proud and loyal member of SAG at the same time as undermining them and both NZ Equity and MEAA.
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MEDIA STATEMENT
21 October 2010NZ Equity: Industrial Issues No Longer a Barrier
Has made clear undertakings to the productionNZ Actors Equity remains committed to retaining the Hobbit in NZ.
Equity says that it’s clear that Warner’s decisions on the production are extraordinarily complex, but it has done all it can to remove uncertainty around labour concerns.
NZ Equity has made a number of concessions and undertakings to the production, including:
1. Lifting the “do not work” order.
2. Providing a clear undertaking that there will be no industrial action during the filming of The Hobbit in New Zealand.
Equity President, Jennifer Ward-Lealand says, “We can provide absolute certainty that industrial issues are no longer a barrier to The Hobbit’s production in New Zealand”.
Separately, and with NZ government support, Equity has commenced discussions with SPADA (Screen Producers and Development Association) on terms and conditions for the engagement of NZ performers on all other local screen industry productions.
Ms Ward-Lealand said that both Equity and SPADA have approached this in a very positive spirit, and on Tuesday signed a memorandum of understanding on the scope of the discussions.
She said the meeting that was scheduled to take place in Wellington last night was unrelated to The Hobbit.
“We were seeking to update our members on our discussions with SPADA.
“It is most disappointing that the meeting – and tonight’s Auckland meeting as well – have had to be cancelled due to safety concerns,” she said.
“Many people are speculating that the production will be lost to New Zealand when it is clear no decisions have yet been made”.
“We find this perplexing when we know that flights for overseas actors are already being booked to New Zealand, and their contracts have the filming clearly located here. The production office is already issuing contracts to New Zealand performers and crew.
“NZ Actors Equity remains firmly committed to doing whatever else it can to help secure a positive decision in New Zealand’s best interests,” she said.
ENDS
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Sorry, Russell, have yet to work out how to include previous text in the way everyone else does, so here's a bunch of responses without references:
My understanding is that none of the industry organisations (the Writers Guild, Screen Directors Guild, Techos Guild and SPADA) other than Equity are unions.
The reason that there has not been a recent meeting between Spada and Equity is that Spada will only talk about the Pink Book and Equity want to start from scratch.
The statement read out by Jed Brophy was unattributed, perhaps not the best way to raise questions and have a considered answer.
You intimate that John Barnett has a history of furious emails. This does not make such behaviour acceptable. If I did such I thing I would be rightfully pilloried. It should work both ways.
Equity has one full time employee in NZ, Frances Walsh. (ironic, eh?) She can only do so much. Hopefully their membership will increase to a level whereby a second person can be employed. Again, anecdotal stories or personal experiences of individuals linked with an organisation behaving badly should not condemn the organisation and the rest of its members by association.
Work permits for offshore actors is a heated issue at present (Vincent Gallo etc.). Equity is charged by the Department of Labour with ensuring that any application for a work permit for an actor has been assessed to ensure it is valid (details on Equity's website). The vast majority of applications are approved, I believe less than 10 out of over 300 in the past year have had an objection by Equity. Sometimes, as in the Gallo case, the process of application is handled badly by the applicant. For some reason this year there seems to have been a concerted effort by Spada to have Equity removed from the process, although this has died down whilst the Hobbit saga drags on. I have had a DoL staffer visit me to discuss the problem so can vouch that this is an unsought (by Equity) battlefront.
Equity was well advised not to pursue their request to meet with the Hobbit publicly. Without the resources to have a full time media liaison person on duty it would have been a fruitless exercise.
The technicians may well be 'upset and fearful for their livelihoods'. They have their own industry body through which to address these concerns. They have chosen not to use that and their guild website has no mention of the issue.
The Hobbit issued their NZ/Australian actor contract in late May.
The original request by Equity to talk about a better contract was sent to the Hobbit production in mid August.
The production issued their residual inclusion update on 14 September.
I don't have the date of SAG's Do Not Work notice to hand but understand it was mid September.
Peter Jackson's press release which started the public furore was issued on 26 September.
These timelines need to be understood to allow everyone to assess how we have arrived here, now
Actors work as independent contractors, however they do not pass the test of such a description, as detailed by Simon Bennet in an earlier thread, plus they can not do what is an essential part of being an independent contractor, which is to be able to subcontract their work to another person or organisation. Their actual real working conditions are those of an employee. If they were allowed to claim work expenses as an employee, as I believe is the case in other countries including Australia, then there would no reason for them not to be employees, which would remove any bar to them being able to negotiate as a profession.
There's no reason that I can think of why the Pink Book shouldn't be posted - if you can explain to me how to do it I'm happy to.
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This is what is posted on the NZ Actors Equity website. (Apologies if the links don't work, I'm not so technical...)
UPDATE ON “THE HOBBIT” SITUATION AND CANCELLATION OF MEMBERS MEETING TONIGHT IN AUCKLAND
Thursday, 21 October 2010This newsletter to members of NZ Actors' Equity provides a summary of our ongoing campaign to improve terms and conditions of performers in the industry.
Background
Equity has been working to improve performers’ terms and conditions in the screen industry for some time now. We have tried a number of avenues, including: approaches to SPADA (Screen Producers' and Development Association) to negotiate a standard industry agreement; seeking to negotiate directly on individual projects with production companies (e.g. Outrageous Fortune); and harnessing our relationships with international fellow unions to elevate conditions for all New Zealand performers (e.g. The Hobbit).
For a number of reasons some of these approaches have not delivered our goals. Our experience shows that the existing guidelines for the engagement of performers in the screen industry (“The Pink Book”) are rarely complied with in their entirety, and performers have been unable to insist on such compliance. Individual approaches to productions have also been problematic, and can only work when performers on the production have sufficient leverage. Our attempts to date have met with fierce resistance from production companies and made the legitimate desire of performers to negotiate together a high-risk strategy.
As you know, recently we embarked on a campaign alongside our fellow performers' unions throughout the world to improve the terms and conditions on The Hobbit. This campaign has been public, and at times heated. The production company has responded by challenging the mandate of Equity, threatening the security of jobs in NZ, suggesting our union was acting unlawfully, and all along refusing to meet.
Regardless of this, Equity members have remained committed to their union and other performers have backed their stance (membership has significantly increased in the last three weeks). As you know, with the help of the teachers’ union (NZEI) many of you were phoned over the course of the campaign and we were gratified that you conveyed your continuing support. We have also been heartened by messages of encouragement we have received from around the world.
This campaign has galvinised performers. It has created a momentum to recognize the legitimate concerns of performers in New Zealand. Some of the options discussed recently with SPADA for a new approach that will deliver on our goals include:
· Standard industry terms and conditions agreed with SPADA, recognising the various types of productions (scale, budget etc) in our screen production industry, and honoured by all producers.
· A process for regular review, including the consideration of any developing issues, and a process to cement the commitment of the industry to ensure the agreed outcomes are honoured.
Discussions on the possible content and form of the standard agreement will begin soon and finish by the end of March 2011. As a sign of good faith, in the interim, productions that comply with the current Pink Book, , will not be the subject of individual requests or legal or industrial action from Equity.
There will be challenges in reaching agreement on both content and form for the new standards. We want assurances that regardless of the finally agreed form of the agreement, it is complied with and that this compliance is promoted by producers. Producers will want to ensure that the standards, including the form of the agreement, allow them to make the productions they want. We are committed to working in good faith to develop a document that works for everyone, is fair, is durable and meets our goal of improving terms and conditions.
And what about The Hobbit?
For a variety of reasons the board of NZ Equity decided in a telephone conference over the weekend to recommend that overseas performer unions remove any form of advice to their members not to work on The Hobbit.
This resolution was conveyed to Warner Bros via the Screen Actors Guild. At the request of parties in the USA this decision was not made public. It had been hoped an agreed media strategy could occur.
NZ Equity, at the time, provided a copy of the release it proposed to make to the media. This was provided via Warner Bros to the production and at the production’s request the union yesterday agreed to change the language the union had proposed to include in the release.
NZ Equity had agreed not to release the information to the public until all parties were ready to do so.
However, in light of last night’s developments in Wellington, we thought it prudent that this information be made known as a matter of urgency.
In light of the information above known to the production we cannot understand the motives of those behind the rally which caused a peaceful meeting of performers to discuss their working conditions to be cancelled.
The contract under which performers will be engaged on The Hobbit will include residuals for all performers. We have been unsuccessful in getting Three Foot Seven to meet and negotiate with us. However, we are heartened by the new sense of opportunity to rebuild our relationship with SPADA, and our joint commitment to agree on arrangements for the industry, including on international productions..
Where to now?
Over the next couple of weeks Equity will be consulting with members on what you want to see discussed in the negotiations for the new standards. You have also been sent a link to the current Pink Book. Send comments/submissions to frances.walsh@actorsequity.org.nz.
In conclusion, thank you all for standing together, for standing tall, and for your ongoing efforts on behalf of all performers. I would particularly like to thank the Board and committee, which have provided the governance for this most recent campaign. We will continue to seek respect for all New Zealand performers.
PLEASE NOTE: As a result of what occurred in Wellington last night, and what we have been advised will occur in Auckland tonight, in the interests of the safety of all performers, Equity has cancelled its Auckland meeting for members tonight. We will be in touch with details of rescheduled meetings.
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<He was not shouted down, he was invited to finish but baulked at reading the defamatory accusations against Jennifer and Michael.>
<You're saying he hadn't read it himself before reading it out in the meeting, and so when he got to that part he stopped and refused to go on?>
Yes, Peter, that's what I'm saying.
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<I've obtained and uploaded a PDF of the backgrounder that the film techs were given at yesterday's meeting at Weta, here.>
Russell, the document you've posted is the statement - unattributed you'll notice - that Jed Brophy asked to read at the original Equity meeting in Wellington some weeks back. He was not shouted down, he was invited to finish but baulked at reading the defamatory accusations against Jennifer and Michael.
In a similar fashion I have received abusive emails from John Barnett and Murray Francis for my support of actors to participate in their own lives and careers.
Until today Equity has chosen to pursue its request without fighting the battle in the media and the court of public opinion. As a result of the statements made by the Hobbit producers on National Radio this morning this strategy has had to change and I am hopeful that the many unsubstantiated accusations levelled against actors, both individually and collectively, will now be able to be answered.
I am unclear how the current actions of technicians can help the situation.
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http://www.encoremagazine.com.au/jackson-disney-is-not-avoiding-australia-rich-ross-5198
Note to Jackson: Disney is not avoiding Australia
Rich Ross, chairman of The Walt Disney Studios, dismissed claims by New Zealand director Peter Jackson that Disney is avoiding bringing its productions to Australia due to problems with unions, but admitted that it is “challenging” due to the exchange rate.
“It’s not the case [that Disney is not bringing productions due to the MEAA], and I’m not sure why anybody would talk about somebody else’s company. I’m not sure why he said it; we go where it makes sense,” Ross told Encore.
In one of his public statements (dated September 28), Jackson said: “I’ve been told that Disney are no longer bring movies to Australia because of their frustration with the Media Entertainment and Arts Alliance”.
Ross said that choosing Australia as a shooting location would happen “when we have the right film and it makes sense for us to come here”, from a creative and financial point of view.
The LA-based executive admitted that due to the current exchange rate, shooting in Australia is “pricey right now for us”.
“We certainly go all over the world and Australia has an incredible film base and expertise [...] The economics, from the exchange rate to access to Government incentives, do influence where we go. We currently have four projects shooting in the UK; they’re being very aggressive about bringing production in.
“The situation in Australia makes it more challenging. There are many variables,” admitted Ross.
During his visit to Sydney, Ross also discussed the company’s plans for the distribution of local films: “We are interested in local production. It’s about doing global business, delivered in a local way.”
Questioned about the strategy moving forward, following the disappointing results of their local titles Two Fists, One Heart and Subdivision in 2009, Ross said that acquisitions will be made “when it makes sense”.
“Our approach is not opportunistic, and it’s not investment-based, but about properties that can help build our brand,” he explained.