Issue link: http://digital.copcomm.com/i/1280987
IMPROVEMENTS DURING PRODUCTION 1. Better "Closed Set" Definition: The requirement that the set be closed to "all persons having no business purposes in connection with the production" during performances involving nudity and/or simulated sex has been tightened to exclude "all persons who are not essential to the filming or rehearsal of the scene" and expanded to apply explicitly to anyone observing by means of monitors. 2. Recording with Personal Devices Prohibited: As with auditions/interviews involving nudity and/or simulated sex, this includes personal cell phones and cameras. 3. "Cover-Up" Requirement: The producer is now obligated to provide a cover-up, such as a bathrobe, to a performer who is nude or wearing only modesty garments when the performer is not actually engaged in rehearsing or shooting the scene and, if practicable, whenever there is a pause in rehearsing or shooting. 4. Written Consent for Still Photography: Prior written consent is required for still photography during performances involving nudity and/or simulated sex and unused still photographs must be securely stored. 5. Written Consent for Promotional Use: Prior written consent is required for use of footage or still photographs of nudity in any promotional material, publicity or trailers. 6. Director Must Be Advised of Consent: Producer must advise the director and line producer or UPM of the parameters of the performer's consent to appear nude or engaging in simulated sex acts. IMPROVEMENTS FOR BACKGROUND ACTORS 1. Incorporation of Principal Actor Improvements: Many of the foregoing production-related improvements applicable to principal actors have also been incorporated into the provisions regarding background actors, including: a) The clarifications that producer may not request background actors to engage in real sex acts and that the protections applicable to nudity also apply when the background actor is not nude but is performing simulated sex. Additionally, the right of a background actor to refuse to engage in a performance requiring nudity if they are not notified in advance and still be paid for the day now includes "sex acts." This ensures that a background actor who is not notified in advance that the performance requires a simulated sex act may refuse and still be paid for the day even if the simulated sex act is to be performed while clothed. b) The limitation of nudity and/or sex acts to the original consent when a background actor revokes consent and the producer doubles them. c) The improved definition of closed set. d) The prohibition on recording with personal devices. e) The requirement of a cover-up. f) The requirement of written consent for still photography. g) The requirement of written consent for use of nude photography in promotional materials. 2. "As Much Information as Possible" Prior to Booking: The principal performer requirements related to auditions/ interviews and the 48-hour notice requirement were not incorporated into the background actor schedules. The AMPTP, however, will send a bulletin to background casting agencies, which often function as the employer of record for background actors, directing them to obtain as much information as possible from the producer regarding any required nudity and/or simulated sex acts and provide that information to the background actor prior to booking. HARASSMENT PREVENTION POLICY The agreements have always prohibited unlawful harassment, including sexual harassment, indirectly as a form of discrimination. The agreements now contain a new provision that addresses harassment prevention explicitly, as set forth below. It is similar to language that has been bargained into the Commercials Contracts and Network Code. A. Producer Responsibility: The new provision articulates the producer's responsibility to maintain a workplace free from unlawful harassment in compliance with applicable laws. B. Duty to Investigate and Take Action: Performers who believe that there has been unlawful harassment are encouraged to bring information forward, at which point the producer shall investigate promptly and take appropriate action. C. Confidentiality: Producer will make a reasonable effort to maintain the confidentiality of the complaint and the investigation. D. Retaliation Prohibited: Producer shall refrain from unlawfully retaliating against any performer who, in good faith, raises a bona fide complaint or participates in an investigation. INTERVIEWS/AUDITIONS IN HOTEL ROOMS The union achieved the addition of language prohibiting interviews or auditions in hotel rooms and private residences unless there is no other alternative, in which case the performer shall be entitled to bring a support peer into the audition with them. This is similar to language that the union has negotiated into the Commercials Contracts and the Network Code. CONTINUES FROM PREVIOUS PAGE 38 SAG-AFTRA | Summer 2020 | sagaftra.org