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SAG-AFTRA leaders tout new global treaty on performers’ rights!

June 27, 2012 (12:02) | 2012 | By: Arlin Miller

If ratified, the treaty would require member countries to set up systems guaranteeing that actors and other performers would be compensated for the reuse of their work

By Richard Verrier, Los Angeles Times

June 27, 2012

The union representing Hollywood’s actors hailed a landmark international treaty that officials said would provide important “economical and moral rights” for actors and other performers around the world.SAG-AFTRA, which has more than 160,000 members, said actors would benefit from a treaty signed by 46 countries Tuesday at a conference in Beijing held by the World Intellectual Property Organization, a United Nations agency in Geneva.

If ratified, the treaty would require member countries to set up systems guaranteeing that actors and other performers would be compensated for the reuse of their work. That could, over the next five to 10 years, significantly boost royalty payments from countries in Asia, Africa and South America that don’t currently have such laws.

The treaty also provides actors with legal protections by, among other things, making it easier for actors to seek legal claims against the unauthorized use of their material. Unlike writers and directors, actors have never had such rights secured under an international treaty.

“Actors and other audiovisual performers have long needed the crucial protections of this treaty, and now we can finally have them,” SAG-AFTRA co-Presidents Ken Howard and Roberta Reardon said in a statement. “With new rights to proper compensation for the use of our works and control over the use of our images and likenesses, actors will have important tools to protect themselves around the world.”

Passage of such a treaty has been a long-standing priority for the Screen Actors Guild and the American Federation of Television and Radio Artists, which merged this year.

SAG officials began discussions on the treaty in the mid-1990s, but their efforts were stalled by disputes between artists and producers. Among other things, major studios were concerned that such a global agreement would change how they compensate actors in the U.S. To help break the logjam, SAG-AFTRA officials agreed that the treaty would not affect the so-called work-for-hire doctrine in the U.S., in which producers, not actors, own the rights to their material.

The treaty was approved after five days of meetings in Beijing between various performers groups, including SAG-AFTRA, the Motion Picture Assn. and a U.S. diplomatic delegation led by Justin Hughes, senior advisor to the undersecretary of Commerce. The treaty must be ratified by at least 30 countries to take effect, a process that could take a year or more.

richard.verrier@latimes.com

Copyright © 2012, Los Angeles Times

Arl

The Ol’ SAG Watchdog

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Now You See it! Now You Don’t!

June 23, 2012 (15:49) | 2012 | By: Arlin Miller

                                      Now you SEE IT!

                            “SAG VIDEO CONTRACT”

                                       Now you DON’T!

  Gone in  Puff of Smoke!!!!

First I put up a link to the SAG Video Contract

http://www.sag.org/files/sag/Music_Vide%20…%20t_1_25.pdf

Then I put it up in html!

SAG Music Video Independent Agreement

Look, They can continue to try and get rid of any proof that a superior SAG Video contract existed, but, but, but….The Ol’ Dog is betting when the AFTRA/sag inferior contract is finally revealed, a PDF copy will magically appear so all SAG members will see how they have been sold out!  ONCE AGAIN!!!!!

Arl

The Ol’ SAG Watchdog

 

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The Star SAG lost!!!

June 19, 2012 (17:10) | 2012 | By: Arlin Miller

You may have seen this recent obituary in the trades or on the Internet.

Posted: Thu., Apr. 26, 2012, 10:09am PT

Actress Carol Adams dies at 94

Appeared in ‘Our Gang’ shorts, Westerns

Actress Carol Adams, who appeared in some 50 features, starring at times with Gene Autry and Roy Rogers, died April 9 in West Hollywood of natural causes. She was 94.She was born Lurline Uller in Los Angeles and was discovered at age 5 while playing in her aunt’s yard near the corner of Sunset and Gower, where Christie Film Co. had established the first movie studio in Hollywood itself.
*
She made a small appearance as a flower girl in the Dorothy Devore picture “Navy Blues” (1923), beginning a 20-year career in the industry.Uller appeared in “Sparrows” (1926), with Mary Pickford, and “Fireman Save My Child” (1927), with Wallace Beery, and she also appeared in silent comedy shorts in the “Our Gang,” “Buster Brown” and “Mickey McGuire” (Mickey Rooney) series while training with the Meglin Kiddies.In 1929 she honed her dancing skills alongside a very young Francis Gumm (Judy Garland) in the Hollywood Starlets.
*
In her teens she performed song and dance on vaudeville stages across California and later did bit parts in films at Paramount and Fox. She was eventually rediscovered at age 18 while dancing in a show at the Pantages Theatre and signed to a two-year contract at 20th Century Fox. She began appearing in “college” musicals, which led to roles in better pictures.Uller worked steadily, appearing in more than 30 films during this period, including four Mr. Moto outings as well as “The Big Broadcast of 1938,” “Sally, Irene and Mary” and “Rose of Washington Square.”By age 20, she was under contract to Paramount, where she was renamed Carol Adams, and moved into larger, credited roles in “Dancing on a Dime,” “Ice Capades” and “Sis Hopkins.” In 1941 Republic Pictures signed her, and she starred alongside legendsGene Autry in “Ridin’ on a Rainbow” and Roy Rogers in “Bad Man of Deadwood.”
*
In 1944 Adams appeared in several of James Roosevelt’s “Soundies” (coin-operated precursors to musicvideos) including “Rhythm on the River,” “Juke Box Joe’s,” “Swing It, Mr. Schubert” and “Doin’ the Hotfoot.”The same year, Adams toured as a featured dancer with the company of “George White’s Scandals.” She also toured with a variety show headlined by the Ritz Brothers comedy team.In 1944 Adams married Richard J. Pearl, a studio executive who later became head of the art department at Paramount and Columbia.She is survived by a son, a daughter, six granddaughters and seven great-grandchildren.Contact Variety Staff at news@variety.com

——

Here is Ms. Adams IMDB and a couple of photos.

Carol Adams (II) (1918–2012)

Trivia:

Began on screen in bit parts as a dancer and chorus girl, before graduating to ingénue roles in the 1940’s.

Known For

Cast (in credits order) verified as complete
Gene Autry Gene Autry
Smiley Burnette Frog
Mary Lee Patsy Evans
Carol Adams Sally Bartlett

Filmography

Hide HideActress (20 titles)
1944 Ever Since Venus
Dancer (uncredited)

1942 Blondie Goes to College
Collegian (uncredited)

1941 Dick Tracy vs. Crime Inc.
Nurse [Ch.14] (uncredited)

1941 Bad Man of Deadwood
Linda Barrett

1941 Ice-Capades
Helen

1941 The Gay Vagabond
Lucille

1941 Sis Hopkins
Cynthia

1941 Ridin’ on a Rainbow
Sally Bartlett

1940 Behind the News
Radio Broadcast Secretary (uncredited)

1940 Love Thy Neighbor
Showgirl (uncredited)

1940 Dancing on a Dime
Polly Adams

1940 The Quarterback
Girl in Grandstand (uncredited)

1940 The House Across the Bay
Chorus Girl (uncredited)

1939 Rose of Washington Square
Minor Role (uncredited)

1938 Sally, Irene and Mary
Dancer (uncredited)

1938 The Big Broadcast of 1938
Chorus Girl (uncredited)

1937 Love and Hisses
Dancer (uncredited)

1937 The Life of the Party
Dancer (uncredited)

1937 New Faces of 1937
Dancer (uncredited)

1937 In Old Chicago
Minor Role (uncredited)


Alternate Names:

Lurline Uller

Here are a couple of photos of this lovely lady.

Carol Adams

Ms. Adams, front row far left, at an actors reunion. a few years ago.

—–

After Ms. Adams’ passing, the family contacted SAG with the news. Well, you can imagine their surprise and dismay when they were informed that SAG had no record of her membership even though the family furnished her SAG number from 1937.

SAG promised to do a little more investigation and get back to the family, but has yet to do so.  They are disappointed as they had hoped to get Ms. Adam’s photo included in the Academy Awards  “In Memoriam” segment.

Look, obviously Ms. Adam’s was not a major star. but she did star in a few movies and was one of the early pioneers of the newly formed Screen Actors Guild.  As such, she should at the least be acknowledged by her union and fellow actors.

The Ol’ Watchdog was contacted by the family in hopes that I might be able to help.  Now, I know we have a lot of very knowledgeable readers out there.  If any of you have any advice, or can help the family in their quest, please contact them at

caroladamssociety@dishmail.net
——-.

Many Thanks

Arl

The Ol’ SAG Watchdog

* We recently lost another star from the same era http://articles.latimes.com/2012/jun/12/local/la-me-ann-rutherford-20120612

 

 

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The “Scammed” Actors Guild!!!!!

June 14, 2012 (00:22) | 2012 | By: Arlin Miller


When I read the sketchy highlights of the SAG-AFTRA tentative Video contract with the producers, several things jumped out at me.  I have highlighted them below.

 

A statement issued by the union said that highlights of the contract include:

• Minimum daily rate for dancers*

• Contract covers all videos produced by any production company producing music videos on behalf of the labels

• A 12.5-percent contribution to AFTRA H&R for all covered performers*

• Guaranteed production conditions, including water, toilets, chairs and shelters

• A binding grievance and arbitration process

• Union access to auditions, rehearsals and productions

• Improved audition conditions, including notification to performers (or their representatives) of start times; individual audition times no longer than four hours; suitable shelter provided during auditions; scale paid if audition footage is used in a music video and re-use of audition footage is paid pursuant to a re-use agreement

• 12-hour rest periods between call times, including rehearsals, makeup and wardrobe

• Safety protections and additional compensation for hazardous performances

• Wardrobe allowance

• Agreement to form a joint labor-management committee to work together to resolve issues as they arise and to assess employment patterns and other matters over the term of the contract.

———

So, it was a SAG-AFTRA contract.  But, but, but there is NO mention of SAG in  it.  What about SAG’s P&H in there? Oh, well, I figured this was negotiated on behalf of AFTRA, surely there must be a separate SAG contract or SAG members would be screwed, and we know the current AFTRA-sag administration wouldn’t do that,  right?

So, having nothin’ else to do I searched the SAG website and guess what the Ol’ Dog found?  Ahhhh, this! (This is a transcript)

LETTER OF AGREEMENT FOR THE PRODUCTION OF
MUSIC VIDEOS

The Producer acknowledges receipt of the 2011 Agreement for the Producers – Screen Actors Guild Codified Basic Agreement (Television/Theatrical Contract) and is familiar with its terms. It is agreed that this letter is part of the Television/Theatrical Contract and, by executing this letter, the Producer and Screen Actors Guild (Guild) shall be deemed to have executed and be bound to the Television/Theatrical Contract. All provisions of the Television/Theatrical Contract apply for the music video entitled, “___________________________________________.”

As you know, Guild members may only accept employment for production companies which are signatory to the appropriate collective bargaining agreement. To become signatory, please complete and return all of the signatory documents prior to the commencement of photography on this project.
The minimum compensation for various categories of employment is as follows:
*Category Minimum High Budget Low Budget
*Day Performer Daily Wage $200,000 $200,000
*Day of Taping/Filming (10-Hour Day) or more or less


*Performer $ 655.00 $ 800.00 $ 600.00
*Stunt Performer $ 655.00 $ 800.00 $ 600.00
Stunt Coordinator $2,500.00 N/A N/A

*Dancers
*Solo/Duo $ 475.00 $ 800.00 $ 600.00
*Group (3 +) $ 475.00 $ 800.00 $ 600.00

*Singers (On Camera)
*Solo/Duo $ 655.00 $ 800.00 $ 600.00
*Group (3 +) $ 621.00 $ 800.00 $ 600.00
*Mouthing $ 405.00 N/A N/A
*Singers (Original Track)
*Solo/Duo $ 475.00 $ 800.00 $ 600.00

Covers 2 sides
*Group (3 +) $ 375.00 $ 800.00 $ 600.00
*Covers 2 sides
*Overdubbing & Sweetening

When a Singer re-records over the Singer’s original track containing the same material as recorded on the original track, the rate for overdubbing alone will be 33 1/3% of the applicable rate. When a Singer makes a new track containing new or variant material, and records such track over the Singer’s original track, the rate, with or without over dubbing will be 100% of the applicable rate, without limitation as to the number of tracks.
Music_Video_Independent_Agreement_1_25 1 of 3

SAMPLE
Contractors
Where a Singer is required to perform services as a Contractor, he or she will be entitled to receive an additional:
Category Minimum High Budget Low Budget
Day Performer Daily Wage $200,000 $200,000
Day of Taping/Filming  (10-Hour Day) or more or less
For Group (3 -8) + 50%  N/A N/A
For Group (9+) +100%  N/A N/A
Background Performers
General Background $ 134.00  N/A N/A
Special Ability $ 144.00  N/A N/A
(Special Ability Includes Stand-ins and Photo Doubles)

Minimum Compensation for Rehearsal Days: The minimum daily compensation for rehearsal and taping/filming days is the same, except that Dancers daily minimum compensation in rehearsal shall be as follows:
Category Minimum
Day Performer Daily Wage
Day of Rehearsal (8-Hour Day)
Dancers
Solo/Duo $ 280.00
Group (3 +) $ 280.00

When employed for one day only, the minimum additional due for Hazardous Work is $179.50; when employed for and performing Hazardous Work for more than 1 day, the minimum addition due is $116.65.
For payments of requisite budget amount plus scale pay, the producer may acquire the rights in perpetuity for unlimited airing of the video on BASIC CABLE TELEVISION (for example MTV, BET, and VH-1 excluding commercials) and unlimited broadcast on

NON-NETWORK TELEVISION, FOREIGN TELEVISION as well as the right to release the video to THEATRES. Also included in this payment are the rights for retail sale of CASSETTES and DVD’s.
The Producer may acquire the rights for release of the video on PAY CABLE TV (for example, HBO or Showtime) by payment of 20% of “total actual salary” (as defined in the Industrial Contract) for each year of use on pay cable systems.

The producer may only obtain the rights to broadcast the program on NETWORK TELEVISION or THE INTERNET by negotiation with the Screen Actors Guild prior to any such use.

Please note that all rehearsal rates listed above are for eight-hour days. Time worked beyond eight hours is paid at time-and-one-half for the ninth and tenth hours and double-time thereafter.

For the day performer category requiring a 10-hour day, the 11th and 12th is paid at time-and-one-half, and time beyond the 12th hour is paid at double time.

Work on Sunday and Studio Saturdays requires payment of double the daily rate. Night work is defined as work between 8:00 p.m. and 6:00 a.m., (except that a first call for the day at 5:00 a.m. or thereafter will not constitute night work). There is no premium payable for night work, except that performers (including
Music_Video_Independent_Agreement_1_25 2 of 3 singers) who are called solely for the purpose of looping, singing, or automatic dialogue replacement (ADR) work during post production will receive premium pay for each straight time hour of night work equal to 10% of their hourly rate for such hours. This premium pay will not be payable to a performer if the looping, singing, or ADR work are scheduled at night to accommodate the performer’s schedule. The “total applicable salary” payable for the extended use of the program is calculated from the negotiated base rate and is not affected by overtime, premium pay, or Pension and Health contributions. A Pension and Health Plan contribution in an amount equal to 16.8% of gross salary, overtime, premium pay and payment for extended use is due the Pension and Health Plan for all covered employees.

The performers covered under the term of this agreement are employees, and the Producer will make all social security, withholding tax, unemployment insurance and disability insurance payment required by law, and will make all appropriate payroll deductions.

It is expressly understood and agreed that the right to use such promotional music videos shall be subject to and condition upon prompt payment of all amounts due and the Guild shall be entitled to injunctive relief in the event such payments are not made.

Please sign below indicating your acceptance of these terms along with the other signatory documents.
Accepted and Agreed By:
PRODUCTION COMPANY
(Company)
SCREEN ACTORS GUILD
By:
By:
(Signature)
Glenn Hiraoka
National Director of Stunt, Singers, Dancers & Safety
(Date)
(Date)
Print Name and Title
(Business Address/Telephone Number)
(Residence Address/Telephone Number)
Music_Video_Independent_Agreement_1_25 3 of 3
——

Yikes!!!!   Yes!  Yes!  Yes!  SAG has a contract of its own….and it ain’t bad.

Buutttt, just to be on the safe side, I decided to call SAG and double check.  So, I called “contracts.”  Well the lady I talked too couldn’t answer my question but she said that Glenn Hiroaka would call me back.

And, he did the next day.  When I asked him about the SAG Video contract, he started to tell me that SAG didn’t have Music Video contract, I informed him there was one up on the SAG website. Ah….he’d get back to me.

Ahhhh, after giving him a week, gosh, I’m beginning to think he ain’t gonna get back to me.  Well, that’s showbiz and the norm these AFTRA-sag days of “pay your dues  and shut the “F–k Up.” 

Ahhhh, again, remember the Good Ol’ Days when the union belonged to the members.  Yep, I remember back when they actually told the members what salary “they” were paying THEIR NED?

—–

Just one comparison well give you an idea of what’s in store for SAG members,

This from the AFTRA/sag contract:  from the SAG Contract.

• A 12.5-percent contribution to AFTRA H&R for all covered performers*

This from the SAG contract:

*SAG A Pension and Health Plan contribution in an amount equal to 16.8% of gross salary, overtime, premium pay and payment for extended use is due the Pension and Health Plan for all covered employees.

——

Oh, by the way two days ago, while I was patiently waiting for Glenn Hiraoka to call me back,  they took down the above contract from the SAG website.  Check it out

http://www.sag.org/files/sag/Music_Vide%20…%20t_1_25.pdf

Hell, it’s worse than the headline!  We’re the Screwed Actors Guild!!!!!!

Arl

The Ol’ SAG Watchdog

Here’s the contract in html

SAG Music Video Independent Agreement

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SAG-AFTRA makes nice at PGA!!!!!

June 10, 2012 (21:27) | 2012 | By: Arlin Miller

Story by Dave McNary

SAG-AFTRA makes nice


At ‘Produced By’ conference, union leaders are cordial, resolute
Leaders of the merged SAG-AFTRA presented a friendly-but-firm face to an industry gathering of producers.

“We’re easy to work with and hard to fight,” said SAG-AFTRA national exec director David White at the Producers Guild of America panel at the “Produced By” conference Sunday on the Sony lot.

SAG-AFTRA co-president Roberta Reardon, noting that the event marked the first industry panel since the merger went through on March 30, emphasized that the org wants to secure as much work as possible for its 160,000 members — rather than having producers opt for the non-union route.

Watchdog:  Hmmm…..

“We want to be the one-stop shop,” she added. “We’re here to work with you. And that’s much easier with one union.”

Execs touted the ease of the union’s online production center and emphasized the flexibility in dealing with producers — but admitted during the hour-long event that the union carries a fairly fearsome rep among producers as being a stickler for adhering to the rules.

“Producers look at the union like the IRS,” SAG-AFTRA national contracts co-exec director Ray Rodriguez said.

But he also said as long as producers are upfront about their situation, the union can be flexible. “Our reps are there to work with you,” he said.

Rodriguez pointed out that if producers meet the union’s diversity requirements — up to 50% casting from women, people of color, seniors and performers with disabilities — the budget cap on its modified low-budget contract rises from $625,000 to $937,500. Meeting that cap keeps the daily pay rate at $267, he noted.

“A lot of producers are already doing that and don’t know it,” Rodriguez added.

SAG-AFTRA board member Jason George (“Grey’s Anatomy”) said the union’s regulations are in place to heighten the ability of performers to deliver top-rate acting by setting the ground rules.

“I don’t care what size my trailer is or if I have to share it with six other people,” he noted. “The rules are there so that our relationship is good.”

SAGIndie national director Darien Michele Gipson urged producers to sign an “assumption agreement” when they make a distribution agreement — assuring that the distrib rather than the producer is on the hook for paying residual obligations.

“That’s your failsafe,” she added.

Contact Dave McNary at dave.mcnary@variety.com

——-

Arl

The Ol’ SAG Watchdog

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