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TVisChanging.com reached its first year online at the end of August 2008 and celebrated the event by passing 20,000 unique visitors in the twelve months since the site went live.

The site currently averages over 2000 visitors each month.

“We’re delighted that members are finding this resource useful and that it has contributed to a vibrant debate within Equity,” said Martin McGrath, Equity’s Campaigns and Publication Officer. “We will continue to add new material over the next year and hope that more members will take advantage of the wealth of advice and information we already provide.”

After the success at the seminars in Manchester and Liverpool we have decided to do another one in Leeds.  Join Equity members, producers, agents, casting directors and other industry professionals to discuss the rapidly changing world of television and new media. 

Join us at this interactive seminar open to Equity members, producers, agents, casting directors and other industry professionals designed to give you the opportunity to find out about the work that Equity has been doing in response to the expansion and development of new technology in the world of television production, broadcasting and throughout the entertainment industry. The key themes covered include:

TV IS CHANGING: The way actors work and are paid will change as a result of the revolution that is taking place in broadcasting. This campaign is part of Equity’s effort to provide you with the information you need to help you make informed choices about the implications of the coming changes.

PAN-INDUSTRY NEGOTIATIONS: Equity has been meeting with representatives of all the major broadcasters and independent producers in the British television industry with the goal of negotiating a pan-industry agreement that will bring together the best of the many individual deals that currently exist.

NEW MEDIA DEALS: Find out about the work the union has already done in areas such as mobisodes, podcasts, internet-only productions and games.  

THURSDAY 25 SEPTEMBER 2008 7:00PM–9:00PM
REGENT SUITE, GOLDEN LION HOTEL, 2 LOWER BRIGGATE
LEEDS, LS1 4AE 

Representatives from FIRST ACT INSURANCE and MORRISH & Co. SOLICITORS will also be available to answer questions on pensions, insurance and personal injury. Wine and light refreshments will be provided courtesy of FIRST ACT INSURANCE and MORRIS & Co. SOLICITORS.  

PLACES ARE LIMITED SO IF YOU WOULD LIKE TO ATTEND, PLEASE CONTACT NIGEL JONES: njones@sheffield.equity.org.uk or phone: 0161 832 3183 

The TV is Changing Seminars in Liverpool and Manchester were a resounding success with 65 people in attendance in Liverpool and over a 100 people in Manchester.  The meetings were attended predominately by Equity members but producers, agents, casting directors and other industry professionals came and participated in the event. 

A lengthy agenda gave attendees an opportunity to discuss a wide range of issues, including:

a) Pan-industry discussions
b) an audio visual presentation on the TV is Changing Campaign
c) Equity’s New Media deals covering areas such Mobisodes, Internet productions and the games industry etc
d) a presentation from First Act Insurance on the pensions negotiated by Equity and available to members and
e) a presentation from Morrish and Co on the legal services available to Equity members.

The number and diversity of those attending the seminars provided for a fantastic atmosphere. The audience was interested and engaged with the work being done and many members expressed their pride in the achievements of Equity in this field. There was plenty of useful feedback, giving staff further food for thought in the process of negotiating one television agreement.  

The meeting in Liverpool has led to a demand for more regular opportunities for the acting community of Liverpool to get together and discuss the big issues that affect them.  Equity’s ability to co-ordinate such events from its regional base in the North West demonstrates our commitment to inform, organise and protect or members wherever they are living or working in the UK. It is hoped that the seminars can prove to be a template for further open meetings throughout the country. 

It is important to Equity that we keep everyone informed across the television industry about what we are doing and also to provide members with an opportunity to express their views.  Please let us know if you would like us to visit your cast or area and we will do our best to accommodate you – click here to contact the TV is Changing team.

Equity Council at its April Meeting endorsed the following proposal to extend the existing Video on Demand agreement with Channel 4 for its 2008 service.  A reconciliation of the earlier 2006/7 VoD agreement was also agreed. 

The Agreement for 2008        

• A guaranteed combined six-figure minimum payment for both their Free Video on Demand service and their Subscription Video on Demand service. 
• This payment will cover the period 27^th March 2008 to 31^st December 2008 for Free Video on Demand (FVoD) which includes 10 hours a week going into catch-up, plus stacking and a rolling archive.
• Payment for the Television/Subscription Video on Demand (SVoD) service covers the period 27^th March 2008 to 31^st March 2008 and includes catch-up and rolling archive.
• Any overages (higher consumer take up than provided for) on the SVoD service shall be reconciled at the end of the agreed period.
• Should views/hits on FVoD increase over the period then C4 and Equity will enter into good faith negotiations over the fees. 

The 2006/2007 Reconciliation 

• During the course of the agreed period for FVoD and SVoD during 2006/7 the number of views exceeded Channel 4’s expectations and therefore C4 made additional ‘overage’ payments as per the agreement with Equity.

 As with the previous agreement with Channel 4 BECS will administer and distribute all the money paid by C4.  BECS will receive an administration fee on top of the money paid, to cover the cost of the service they provide. Andy Prodger, Assistant General Secretary Film, Television and Radio Department commented that ‘this is another landmark agreement negotiated by Equity on behalf of the members and demonstrates that Equity is successfully facing the challenges that technology brings to the television industry.’

Endemol, producer of hit BBC tribute act show The One And Only, may have broken the law by refusing to pay their contestants at least the national minimum wage, according the legal advice obtained by Equity, the performers’ union. 

Contestants were obliged by Endemol to sign contracts which, among other things, waive their protections under working time laws and assign all rights in their performances to Endemol. According the Equity’s lawyers these are clear signs that the contestants are working as employees of Endemol and entitled to be paid. 

Andy Prodger, Equity Assistant General Secretary, commented: “Endemol are one of the biggest and most profitable independent TV producers yet despite numerous approaches by Equity they have refused to pay even the smallest possible fee to the 24 contestants which have made The One And Only such a big hit. 

“When the BBC produced their own talent shows, How Do You Solve A Problem Like Maria and Any Dream Will Do they acted honourably and engaged all the finalists on proper industry-standard contracts with pay rates well above national minimum wage and have agreed to do so again in the forthcoming shows I’d Do Anything, which hopes to cast parts in a forthcoming production of Oliver. Unfortunately Endemol is apparently happy to exploit the dreams of aspiring performers without offering them a penny. 

“I am very disappointed that the BBC, which is funded by the licence fee, allows such exploitation and doubt if the viewers who spent good money on telephone voting knew that none of the money would go to the performers who entertained them so well. 

“Equity has raised this matter with the National Minimum Wage section of HM Revenue and Customs, but Equity itself cannot take a case against Endemol. Any member involved in The One And Only who wants to make a complaint should contact Equity as soon as possible.” 

For further information contact: Andy Prodger Assistant General Secretary, Film, TV and RadioT 020 7670 0243  M 07754 104365  E aprodger@equity.org.uk 

Martin BrownHead of Communications and Membership Support T 020 7670 0259  M 07960 921527  E mbrown@equity.org.uk

For more coverage of this issue see the BBC news story at http://news.bbc.co.uk/1/hi/entertainment/7276645.stm:/

Equity has put in place the first ever agreement to cover “mobisodes” – programmes produced specifically to be delivered over mobile phone platforms. 

The deal, with producers Hub TV, will cover the production of the serial “The Gym” and is the first of its kind in the world.

The agreement includes daily and weekly fee options, ongoing UK and overseas payments. For any additional information, please contact the FTVR department on 0207 670 0247 or amoreau@equity.org.uk or jbarclay@equity.org.uk

Copies of the agreements, which Equity intends to promote as models on which future deals in this area should be based, can be downloaded below.

Mobisode contract: The Gym (day players)

Mobisode contract: The Gym (principal cast) 

Survey findings show backing for union approach

Equity Council at its meeting September 4, 2007 endorsed a limited, but significant, number of changes to the existing Equity/PACT Television Production Agreement.A survey of Equity members has found significant support for a single television agreement and backs the union’s approach to future payments for the use of television work.

The questionnaire was designed to get feedback from Equity members as part of the TV is Changing initiative and is available from www.tvischanging.com/questionnaire.

The key findings are:

* Two thirds (66 per cent) agree or strongly agree that Equity should have a single television agreement.

* On primary payments – a majority (56 per cent) think their initial fee should pay only for work done, or an initial TV broadcast.

* On secondary payments – there was support for a continued use of residual and royalty payments for repeats and sales.

* Over half (51 per cent) believe that the best way to pay for future uses will be a combination of residual, royalty and collective licensing.

* 40 per cent have experienced their TV work being used without appropriate payments being made.

* 1 in 10 are aware of their work being available on the internet illegally.

Equity General Secretary Christine Payne said:

“Members views are vital in informing the discussions that we are having with broadcasters and producers, so that we can be sure we represent their views.

“It is encouraging to see that the results so far tell us we’re on the right track.

“I would urge all Equity members working in television to get involved by filling in the survey.”

New settlement for 2008

Equity Council at its meeting September 4, 2007 endorsed a limited, but significant, number of changes to the existing Equity/PACT Television Production Agreement.

* All financial elements within the agreement will increase by 7.6%. The new minimum engagement fee has therefore risen from £443.10 to £477 and the production day payment has risen from £49.10 to £53

* The new rates will come into effect from the January 1, 2008

* Introduction of provisions for productions made for UK secondary channels e.g. BBC3/4, ITV2/3/4, E4 and More 4 etc. The artist’s aggregate earnings shall acquire nine transmission days/periods (instead of the first UK Network transmission). A transmission day/period enables a title to be transmitted up to a maximum of four times over a 24 hour period.

* The 35% Rest of World pre-purchase remains in place where the production is co-produced or co-financed or if the production receives a transmission within two months of its first transmission on a UK secondary channel

* In circumstances where the 35% hasn’t been pre-purchased and the production company secure a sale then the producer has the option to pay either the 35% or apply the 17% royalty

* Both Equity and PACT share concerns that the new provisions are not used to produce “cheap” programming for the current terrestrial channels and will therefore be monitoring the application of the provisions very closely

* The so called “common clauses” have now been fully incorporated within the main agreement

Pending the outcome of pan-industry discussions the new amended agreement will only be available electronically from Equity.