Juliet Landau Instagram – PART 3 (please see part 1 & 2 first)
Below are the facts, which we see as irrefutable, and lead us to a NO vote after reading the 129-page draft (Not final contract) released by SAG/AFTRA.
D) Consent within a contract for an offer of work is not consent. It is coercive consent. If you want the job, you will have to sign.
“No consent is required when the use is of the type (e.g., Performer 1’s eyes, Performer 2’s mouth) protected by the First Amendment to the United States Constitution, including but not limited to instances when the First Amendment would protect a use for purposes of comment, criticism, scholarship, satire or parody, or would protect a use in a docudrama, or historical or biographical work.”
“In the motion picture for which the performer was employed, consent is not required if photography or soundtrack remains substantially as scripted, performed and/or recorded.”
3) STREAMING PAYMENTS & SUCCESS BONUS
Viewing Hours: “Domestic Views = Total Hours Streamed Domestically in 1st 90 Days Total Runtime (in hours)” – Why are we limited to the first 90 days? Why are we not entitled to share in the profits for the duration of the time on the platform / for every view?
“The Union (and the Success Bonus Distribution Fund) shall not be entitled to obtain information about the number of domestic subscribers, the hours streamed domestically, the running time or the ‘success metric’ of the High Budget SVOD Program.” -How will we ever be paid if there is no accountability / accurate accounting?
“Producer may rely on the determination by the SVOD Service whether the ‘success metric’ has been met for any High Budget SVOD Program.” “The SVOD Service shall determine the number of domestic subscribers.” The union has to request an audit in written notice to the SVOD Service and the Producer to dispute whether a High Budget SVOD Program qualifies for a success bonus. A third party is mutually picked but must execute a confidentiality agreement approved by the SVOD Service. The Union and the SVOD Service shall evenly split the costs and fees associated with any such audit.”- The union won’t do this very often because it will cost them. | Posted on 27/Nov/2023 01:35:00
