Collective Management for Theatre Actors

Transcription

1 Collective Management for Theatre Actors Ana-Maria Marinescu, Expert Workshop on Management of Copyright for Turkish Theatre Stakeholders, Ankara (Turkey), July

2 TYPES OF PERFORMANCES PRIMARY (mainly) - Theatre - Circus performances - Puppets shows/theatre - Other live performances (i.e. stand up comedy, imitations etc.) SECONDARY - Fixed performance - Broadcasted by TV - Retransmitted by cable - Communication to the public, including the Internet

3 CATEGORIES ACTORS In the relation with their contribution to the (public) performance: - Principal actors leading actors - Secondary actors supporting actors - Theatre director - Episodic actors (TV serials) - bit role actors Other categories: - Dubbing actors - Stunts - Puppeteer - Circus actors - Jugglers / magicians - Humorists / comedians - Imitators

4 THE EXERCISE OF RIGHTS - AGENTS The actors can exercise their rights and conclude contracts with the theatres through their agents. In general terms, the agents are the persons who are seeking work for actors or the intermediaries between the actors and the theatres / other organizers of artistic/performing events. In this sense, the agent identifies the events (theatres or different types of performances) in which the actor may appear, negotiates the contractual terms and ensures the execution of the contractual obligations by the organizers of events, including the payment of the remuneration to the actor.

5 TOP BOOKING AGENCIES (television, films, writers, theatres, branded entertainment) it is considered the biggest literary agency in the world Creative Artists Agency (Drew Barrymore, Sandra Bullock, Nicolas Cage, Jim Carrey, George Clooney, Tom Cruise, Jamie Foxx, Tom Hanks, Michelle Pfeiffer, Nicole Kidman, Brad Pitt, Keanu Reeves, Meg Ryan, Will Smith, Meryl Streep, Bruce Willis etc.) William Morris Agency - is representing all the categories of performers, including actors (Ben Affleck, Steve Carell, Matt Damon, Clint Eastwood, Ben Stiller, Scarlett Johansson, Jennifer Lopez, Martin Scorsese, Kevin Spacey, Justin Timberlake, Mark Wahlberg, Denzel Washington, Catherine Zeta-Jones etc.) it is one of the oldest agencies founded in many of the current agencies being founded by former employees United Talent Agency (Johnny Depp, Angelina Jolie, Edward Norton, Channing Tatum, Seth Rogen, Bryan Cranston, Wes Anderson, Gwyneth Paltrow, Paul Rudd, Owen Wilson, Alfonso Cuarón, Benedict Cumberbatch, Daniel Radcliffe, Elizabeth Banks, Harrison Ford, Eva Green, Kate Mara, Kevin Hart, Ewan McGregor, Kirsten Dunst, Uma Thurman etc.) ARTIST GROUP INTERNATIONAL PARADIGM AGENCY

6 1. Kevin Huvane Creative Artists Agency 2. Ari Emanuel Endeavour 3. Bryan Lourd Creative Artists Agency 4. Richard Lovett Creative Artists Agency 5. Patrick Whitesell WME 6. Brian Swardstrom United Talent Agency 7. Tracey Jacobs United Talent Agency 8. Jim Wiatt (Former) WME 9. Sharon Jackson WME 10. Sam Gores Paradigm Talent Agency 11. Rick Nicita Former CAA and Morgan Creek 12. Fred Specktor Creative Artists Agency 13. Jeremy Zimmer United Talent Agency 14. Theresa Peters United Talent Agency 15. Cindy Osbrink Osbrink Talent Agency 16. Fred Specktor - Creative Artists Agency 17. Sharon Sheinwold Endeavour Strengthening the Turkish Copyright System with a Focus on Fostering Creative and Copyright Based Industries TOP BOOKING AGENTS

7 THE EXERCISE OF RIGHTS CM (1) The exercise of rights through collective management organizations - CMOs: a) Forms of CMR: - compulsory / mandatory collective management of rights - optional / facultative collective management of rights - special mandate collective management of rights b) Possible forms of mandates, given to CMOs, from strongest to weakest: - WW worldwide (all territories of the world) - WW (all territories except just some few) - Regional R + (one main territory plus some few) - Regional R (just one territory - local) c) Also, according to CRM Directive, performers can as well limit the management as far as the rights managed concerns.

8 THE EXERCISE OF RIGHTS CM (2) In the case of theatre actors, collective management is only possible if the theatre play is fixed and then it is broadcast or secondarily used according to its specificity (communicated to the public, reproduced on DVDs and then distributed/sold etc.). In this situation, the theatre actors are assimilated to the audio-visual performers.

9 THE AUTHORISATION TO MANAGE / 1 The entrustment of rights to CMOs shall be based on: - the freedom to choose of the rights holders; and - the principle of non-discrimination among rights holders. - The rights holders have the right to entrust CMOs the categories of economic rights relate to the forms of exploitation such as broadcasting, theatrical exhibition or reproduction for online distribution. The categories of rights that the rights holders may entrust to CMO will be establish by the General Assembly, national legislation or Statutes by law. CMOs cannot refuse the entrustment without a justified reason. The rights holders have the right to terminate the authorisation they have given to a CMO, or to withdraw only some of their rights, categories of rights, or types of works/performances for territories of their choice upon reasonable notice (a maximum of 6 months). However, CMOs may have the possibility to decide that termination will take effect only at the end of the financial year. They cannot require as a condition for the authorisation termination that rights, categories of rights, or types of works be entrusted to another CMO.

10 THE AUTHORISATION TO MANAGE / 2 It is given in a written form Can be given without any limit in time or, like in Turkey, for a limited period which varies from five to ten years Generally, the authorisation to manage is approved by the Board of Directors or by the Director General It has a unique number and is registered in a special registry kept by the CMOs Strengthening the Turkish Copyright System with a Focus on Fostering Creative and Copyright Based Industries

11 THE AUTHORISATION TO MANAGE / 3 name and surname of the actor the artistic name of the actor / pseudonym personal identification number identification information of the actor (address, , telephone etc.) economical rights entrusted to the CMO for the management: the type, scope and the period of each economical right. the theatre were the actor is employed, or if he is a freelancer or pensioner general aspects regarding the fulfilment of the Statute obligations regarding: the declaration/updating the repertoire, modification of the identification information, the payment of the remunerations etc. duties and responsibilities of the CMO and the members etc.

12 PATRIMONIAL/ ECONOMIC RIGHTS The performer shall have the exclusive economic right to authorize or prohibit the following: a) the fixation of his performance; b) the reproduction of the interpretation of the fixed performance; c) the distribution of the fixed performance; d, e) the rental and lending of the fixed performance; f) the import for trading on domestic market of the fixed performance; g) the broadcasting and communication to the public of his interpretation or performance, except the case when the interpretation or performance has already been fixed or broadcasted; UNDER THIS SITUATION, THE PERFORMER IS ENTITLED TO AN EQUITABLE REMUNERATION ONLY. h) the making available to the public of his fixed performance in such a way that members of the public may access them from a place and at a time individually chosen by them; i) cable retransmission of the fixed performance.

13 AUDIOVISUAL PERFORMERS ECONOMICAL RIGHTS The right to an equitable remuneration for communication to the public, except for the public projection of the cinema performances (compulsory CM) The public projection of the cinema performances (optional CM) The right to an equitable remuneration for TV broadcasting (optional CM) The right of cable retransmission (compulsory CM) The right to an equitable compensation for the private copy (compulsory CM) The right to an equitable remuneration resulted from the cession of the renting right (optional CM) The right to an equitable remuneration for the public rental (compulsory CM)

14 REPERTOIRE Type = AV THEATRE, SHORT PLAY Name of the play Name of the director Name of the Actor/Artistic Name/Pseudonym Signature Date: Personal Identification Number/CMO number as a member: Sub-type Collective Artist Role/character Producer Number of actors The year of production Duration (min, sec) Economical rights managed collectively Observations - Sub-type: Theatre (T), Circus (C), Puppets (P) - Role/character: Leading actors (LA), Supporting actors (SA), Episodic actors - bit role actors (BA), Stunts (SA), Theatre play director (PT), Puppeteer (PA), Circus actors (CA) The actor also must submit to the CMO the proof of the repertoire: copies of the DVSs/ CDs, copies of the contracts (with the producer/beneficiary), video proofs for the audiovisual (commercials, video clips, etc.); it is necessary to submit a CD / DVD / link containing the video proof of the artistic performance.

15 Distribution System: DISTRIBUTION / 1 LINKS repertoires + playlists sent by users + scoring system + payments = individual payments The distribution should take place at individual level (actor/performer level). There are also cases in which the distribution is made at track level. Periodicity: In Romania, the distributions are made every 6 months (usually June and December of every year) no more than 9 months from the end of the financial year when the remunerations where collected. In other countries, the distributions can be made annually as well. Principle: Real usage of performances according with the playlists sent by users.

16 DISTRIBUTION / 2 General distribution Schema : DURATION * VALUE/SECOND (COLLECTED SUM / THE RECEIVED SUM FOR PLAYLIST) = VALUE PER PERFORMANCE The value resulted/performance is further distributed to all performers that declared their participation and depending on the role they played - SCORING SYSTEM. E.g. of CMOs using points systems in their distributions systems: CREDIDAM Romania, GRAMEX Denmark, GRAMO Norway, AISGE Spain. ROLE POINTS Theatre play director (PT) 5 Leading actor (LA) 5 Supporting actor (SA) 3 Episodic actor - bit role actor (BA) 2 Stunt (SA) 2 Puppeteer (PA) 2 Circus actor (CA) 2 Note: CMOs must set up an effective management enabling them to distribute remuneration individually among the actors in, as far as possible, proportion to the actual use of their protected performances, to the best extent possible.

17 DISTRIBUTION / 3 Rules for Audiovisual Field - ACTORS In order for CMO to collect the remunerations due by the users, the members of the CMO must: Declare the repertoire (NO retrospective payments) NOT transfer their rights (to this end, must bring contracts, as proof) Also, video proof (in case of commercials esp.)

18 DISTRIBUTION OPERATIONAL COSTS In Romania, the Copyright Law, grants: - a max. of 15% administrative costs of the collected sums / the administrative costs are retained at the moment of the distribution of the remunerations and it cannot exceeds 15% from the sums individually distributed. - the fee owed by the owners of rights, which are members of a collective management organization, for the covering of the operation expenses thereof, cumulated with the fee owed to the collective management organization which is the sole collector, cannot exceed 15% from the annually collected amounts / from the sums distributed individually to each of the CMOs - The administrative cost is applying for each of the economical rights managed. Other international practice: Some legislations do not limit costs as in Romania, they only mention the costs must be reasonable E.g. Germany, Hungary, Serbia etc. Strengthening the Turkish Copyright System with a Focus on Fostering Creative and Copyright Based Industries

19 FOREIGN EXCHANGE THE RELATION WITH SIMILAR FOREIGN CMOs INFORMATION EXCHANGE in virtue of Bilateral Agreements (AV specificities): The casting list Right holders information Roles (it may be needed a equivalence of performers 'roles) The original title The date and place of the first fixation of the audio visual work The name of the producer and the director

20 Teșekkurler! Ana-Maria Marinescu, Expert Workshop on Management of Copyright for Turkish Theatre Stakeholders, Ankara (Turkey), July