25/11/2023
ALL FILM INDUSTRY CAST & CREW MEMBERS - READ & SHARE THIS POST:
I apologize for the length of this post; however, this is a legal issue which pertains to EVERY CAST AND CREW MEMBER WITHIN THE ENTERTAINMENT INDUSTRY, if not all industries as well. I feel I have an ethical obligation to make this matter public as it directly affects us all.
As most of you already know, I am hired on a regular basis to perform producing, directing and director of photography services for A-list television shows, movies, etc, for major studios and networks. Recently, I was hired by a large, well known New York based production company to capture a specific event here in Arizona on October 17th, 2023 on behalf of Showtime Networks. On October 31st, I reached out to my production manager as I still had yet to receive my start paperwork so I could be compensated for services rendered. Honestly, this paperwork should have been completed before I performed services for insurance and employment services. Setting that aside, upon receiving my start paperwork later that day I rejected my entire start packet and informed the production manager I had to respectfully decline the start packet. The reason why is a reason which EVERY crew member needs to be aware of.
When I received my start paperwork, I began to review and approve the packet which was provided via GreenSlate, an onboarding and payroll company some of you may already be familiar with. As usual there was a plethora of documents submitted for my approval. One document was what I thought would be a very standard document, the production company CONFIDENTIALITY AGREEMENT. Well, it was not standard at all. Buried in the agreement is a paragraph which grants the Producer, "and any of its licensees and assigns and each of their respective employees, agents, parents, subsidiaries, and related companies, in any and all media, whether now known or hereafter devised, worldwide, in perpetuity, of your voice, actions, likeness (actual or simulated), name, sobriquet, appearance and biographical information (collectively, “Likeness”)", the absolute right to use or recreate your likeness in any way they see fit to do so.
The Confidentiality Agreement goes on to state:
"You agree that Producer may use all or any part of your Likeness, and may alter or modify it"
The confidentiality agreement goes on to further state:
"You release Producer and any of its licensees and assigns (and their respective employees, officers, directors, agents, parents, subsidiaries, and related companies) from liability arising out of its use of your Likeness. You agree not to make any claim against Producer, and any of its licensees and assigns (or their respective employees, officers, directors, agents, parents, subsidiaries, and related companies) as a result of the recording or use of your Likeness (including, without limitation, any claim that such use invades any right of privacy and/or publicity, is defamatory, or places you in a false light).
All of these things, and more, are buried in this Confidentiality Agreement, an agreement which has absolutely NOTHING to do with the consent to grant the use of your likeness. This theft of your likeness, which current AI technology can easily recreate, is included in an agreement which is being presented as a "confidentiality agreement".
The legal language in this document allows the producer to retain the right to use and recreate your likeness at will. Basically, what this agreement allows the producer to do, since you agreed to it, is to allow the use, recreation and reuse of your likeness in perpetuity, which is forever, and outside of the bounds of legal law. So let's say the Producer goes on to produces something like say, po*******hy. That company, since it's related to their current enterprise which also produces motion pictures, could then legally recreate your likeness and the next thing you know, you are the star of some pornographic production somewhere, using your full identity, all because you signed a "confidentiality agreement". Furthermore, since you signed that agreement, you agreed that you can not to make any claim against the Producer, even if they use your likeness defamatory, or place you in a false light. Basically, this producer, production company, and anyone they affiliate with, can present you however they want and you cannot even seek any form of damages should they present you in any way within the public domain. That was just just the 'confidentiality agreement'. My deal memo had very similar language within it as well.
So I rejected the start packet and I have now received and reviewed REV2, which has the exact same language within both documents, and what appears to be an expanded Arbitration Agreement, probably to try to make it more difficult for me to take legal action, should I actually sign these documents, which of course I will not.
I am now dealing direct with the series Showrunner, who, on November 18, had all of the ‘likeness’ language removed from all documents within my start paperwork. Since I have not been compensated as of yet, I submitted an invoice and added a 15% late fee to the invoice, which the show-runner has agreed to pay.
How did I arrive here? Well, I stood up for my rights, and I suggest you do the same. Initially I was nice. When the REV2 documents contained the same language, I politely informed the production manager and Showrunner that if I were not compensated on or before 11/27/2023, I would be forced contact the Arizona Industrial Commission and file a missing wage claim against the production company. I also kindly reminded the show-runner that until I was under contract and compensated for my services I am the sole legal copyright owner of any footage secured. Since this is a fast turning and popular series, this matter would place them in a cease and desist situation which could stop the delivery of episode(s) containing any of the footage I secured. This could cause a breach in the delivery agreement the production company entered into with Showtime Networks. Furthermore, I also informed the show-runner that inserting a likeness clause into a confidentiality agreement is an unethical legal practice, which I am certain the state bar would side with me on.
Why am I telling you this? Because YOU have rights. Please pay attention to your paperwork, read every document, question things you do not know or understand, and ALWAYS reject documents you do not agree with. As a result of my interaction this legal language has been removed from my start paperwork. The question is, will it be removed from yours? I am taking the time to write this post as I urge you to stand up for your rights. Doing so is how we protect ourselves, and each other.
Best wishes and thank you for taking the time to read this lengthy post.
