Issue link: http://digital.copcomm.com/i/1280987
sagaftra.org | Summer 2020 | SAG-AFTRA 37 Enhanced Intimacy Protections Gained For performers, both principal and background alike, SAG-AFTRA recognizes the unique vulnerability that arises when engaging in scenes involving nudity and simulated sex and other intimate and hyper-exposed scenes. A key element of the new contracts is the successful renegotiation of the CBA's current provisions for nudity, simulated sex and auditions in hotel rooms or private residences. Our work on this topic did not start with this negotiation and will not end with this negotiation. With these strengthened protections, we continue our efforts to: > Stop and respond to potential predatory behavior; > Ensure you are only required to perform what you agree to; > Ensure you are not put under pressure to do anything that you are not comfortable with; and > Create a safer work environment to protect your body and health. CLARIFICATIONS REGARDING "SEX ACTS" 1. The parties clarified that the agreements do not permit and have never permitted a producer to request that performers engage in real sex acts. While this has always been broadly understood, from time to time productions have expressed a contrary interpretation because that clarification has not previously been stated explicitly in the contract. 2. Section 43 of the Codified Basic Agreement has been retitled from "Nudity" to "Nudity and Sex Acts" and references to "sex acts" have been added in various places throughout Section 43 where performer rights were tied to "nudity." This clarification ensures that performers who are not nude while performing simulated sex acts will nevertheless retain the protections of Section 43. IMPROVED PROTECTIONS AT AUDITIONS AND INTERVIEWS 1. Earlier Notice: The requirement to provide notice prior to the first interview or audition of nudity or sex acts expected of a role or in the audtion/interview has now been attached to the casting notice itself if known by producer at the time of issuance; otherwise, such notice must be provided "as soon as practicable." 2. No Simulated Sex at Auditions/Interviews: Simulated sex at auditions/interviews is now prohibited. 3. Nude Auditions Limited to One Final Callback: Nudity is prohibited at any audition except for a single, final callback audition. This prohibition addresses the practice of "nude cattle calls" where producers bring in large numbers of performers, sometimes multiple times, to audition in the nude. (Note that "nudity" for this purpose is not total nudity; the performer must wear a "modesty garment," e.g., "a G-string and pasties.") 4. No Recording or Still Photography Without Written Consent: There may be no still photography or recording of the single, final callback audition requiring nudity without the written consent of the performer. 5. Only the Fewest Number of Essential Personnel May Be Present: Only "those essential to the casting process" may be present for the single, final callback audition requiring nudity and shall be limited in number to "the fewest necessary for the casting of the role." Any person present for the audition or viewing the audition remotely must identify themselves by name and title and be visible to the performer. 6. Recording with Personal Devices Prohibited: This includes personal cell phones and cameras. IMPROVEMENTS REGARDING "NUDITY RIDERS" 1. 48-Hour Notice Period: The producer must submit the proposed written consent (i.e., "nudity rider") for nudity and/or sex acts at least 48 hours in advance of the performer's call time. If the role is cast less than 48 hours in advance, or if the producer is replacing a performer who withdrew previously granted consent, then the proposed written consent must be provided at the earliest practicable time. This is a particularly important achievement because many of the problems and abuses related to performances involving nudity and/or simulated sex are "last-minute rider" problems where the production attempts to renegotiate the performer's rider right at the time of performance to include more nudity and/or more graphic sex acts. This has resulted in conflict and regret when performers disadvantaged by an unequal power dynamic on set agree to these last-minute demands. 2. More Information: The "general description of the extent of nudity and the type of physical contact" required by Section 43 now also requires that the relevant script pages be attached, if available, and that the performer be provided with the name and phone number of a designated producer representative who can address questions about the interpretation or application of the proposed written consent. 3. Doubling Limited to Original Consent: In the event that a performer exercises their right to revoke their consent at any time and a producer exercises their corresponding right to double that performer, the nudity and/or simulated sex portrayed through doubling shall be limited to the nudity and/or simulated sex to which the performer originally agreed. This applies whether the doubling is achieved digitally or through use of a body double. CONTINUES ON NEXT PAGE >