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ACTRA & Producers reach agreement

Toronto – Following several days of negotiations the Canadian Film and Television Production Association (CFTPA), Association des producteurs de films et de télévision du Québec (APFTQ) and ACTRA (Alliance of Canadian Cinema, Television and Radio Artists) today announced that they have reached a renewed Independent Production Agreement (IPA). This deal is a win-win for Producers and ACTRA Members.

Key elements of the agreement:

• Producers have agreed to ACTRA’s wage proposal. Performers will receive a 10% increase in compensation over the new agreement’s three-year term.

• Performers will be compensated for the use of their work on the internet. Producers will share 3.6% of revenues received from the use of productions on the internet, tracked separately. The parties agreed on how producers will compensate performers appearing in productions specifically produced for the internet. An agreed provision will allow certain producers to accumulate use fee payments until a “re-opener” two years from now.

• Producers and ACTRA have reached agreement on a number of important improvements to work rules on set, including improved language governing equal opportunities for employment, harassment, rules governing child performers, and working conditions on set.

• Incentives provided in the agreement to encourage low-budget, 100% Canadian independent production were updated. Budget thresholds to qualify for these incentives and other terms were brought up to date.

• Rules governing the number of background performers were nationally harmonized, providing more of a level playing field in this area between Toronto, Montreal and Vancouver. Under the new rules producers working under the IPA in major centres will hire 25 background performers for large-budget features, and 20 for most other productions.

• The agreement sets out new terms for “reality” programming. The new terms make it clearer which performers in such shows are included in rates and terms; sets up a fee system geared to the way reality shows are produced; and provides a uniform use fee appropriate to this type of production.

The three-year agreement is subject to ratification, however the agreed-upon rates take effect immediately.

This collective agreement covers all the terms and conditions of employment with respect to all film and television production in Canada, except for British Columbia which has a separate collective agreement.

Deal or no deal? U.S. studios balking at ACTRA’s tentative agreement

TORONTO (CP) _ Just days after reaching what they thought was an end to their bitter labour dispute, Canadian actors and producers were wringing their hands Monday as influential U.S. studios said ‘no deal’ to their tentative agreement.

American studios, which carry heavy influence over any agreement between the two sides, are balking at language in the agreement that gives Canadian actors residual rights for performances on the Internet.

Hollywood moguls fear the Canadian deal would set a precedent for impending negotiations with U.S. unions, said Richard Hardacre, president of the Alliance of Canadian Cinema, Television and Radio Artists, which represents Canadian performers.

Hardacre expressed frustration Monday as negotiations continued with a smaller, key group of bargainers for the union and the Canadian Film and Television Producers Association.

"We’re trying to tailor a couple of directions that could be chosen by producers _ either a means of dealing with the Internet that suits lower-budget Canadian producers, or options the American studios could use," Hardacre said.

The two sides thought they had reached a deal Friday with American studio executives, but the studio bosses stepped in to block it, he said.

He rejected the position of the association that characterized the development as a "hiccup."

"We viewed it as a renege of the deal," Hardacre said flatly.

At issue are the residual payments to be made to Canadian performers for work that’s shown over the Internet.

The 21,000 members of the union walked off the job in January, largely over wages and a dispute over how they were to be paid for their work in new media.

Under the terms of the tentative deal, actors were to get a 10 per cent wage increase over three years plus residuals on Internet use.

The new dispute casts a pall over the palpable relief that emerged Friday when a tentative deal was announced.

Despite the fact that some productions that had already begun prior to the strike were allowed to proceed _ hit shows such as "Little Mosque on the Prairie," "Deal or No Deal" and "Canadian Idol" never stopped production _ the strike has hit the Canadian industry particularly hard.

Paul Bronfman, head of Comweb Group, a leading supplier of film services and equiment, said the strike cost Toronto two major Hollywood productions and some $400 million in lost production.

Bronfman expressed anger Monday at the new delay.

"I’m so sick of this," he said. "Our employees are walking on eggshells. Everyone in the industry is hurting very badly."

Talks with the producers were to continue into Monday night, Hardacre said.

ACTRA and producers reach tentative agreement

TORONTO (CP) _ Canadian actors and producers reached a tentative agreement Friday to end a bitter labour dispute that some feared would bring down the country’s once-thriving film industry.

"Canadian actors are big winners in the deal we reached today," Stephen Waddell, ACTRA’s chief negotiator, said in a release late Friday.

Members of the Alliance of Canadian Cinema, Television and Radio Artists walked off the job in January, largely over wages and a dispute over how they were to be paid for work in new media such as broadcasts for Internet and mobile phones.

Under the terms of the tentative deal, actors will get a 10 per cent wage increase over three years plus residuals on Internet use. The deal still has to be ratified.

A leading supplier of film services and equipment in Canada and abroad said he was pleased to hear of a deal but wondered what kind of legacy the labour woes would leave.

"The fact that it went on for six weeks is ridiculous, and now the challenge is to undo the very serious damage that’s been done," said Paul Bronfman, president and CEO of Comweb Group.

"It’s going to take several weeks, if not months, to get things back on track. Production is not going to start flowing back here immediately."

Actors went on strike in Ontario on Jan. 8 and later extended their protest to Quebec, Saskatchewan and Manitoba, but no actual picket signs were ever seen.

ACTRA, which represents 21,000 members across Canada, said it made sure current productions such as "Deal or No Deal," "Little Mosque on the Prairie" and the upcoming season of "Canadian Idol" were not affected by the dispute by signing special deals with individual producers.

But the producers association complained that the strike significantly hurt potential projects, pointing to prospective U.S. movie deals that have been scuttled by the labour woes.

Earlier Friday, Bronfman called for an immediate end to the standoff, warning that continued strife would jeopardize the country’s film industry.

The strike cost the city of Toronto at least two feature movies and as much as $400 million in lost production, while film revenues so far this year are significantly lower than those of last year.

The country’s film industry has already been struggling in the aftermath of 9-11, SARS, the surging Canada loonie against the U.S. dollar and growing international competition.

Bronfman said news of a deal doesn’t assure him that dwindling business would be restored.

"It still doesn’t solve the problem of Canada’s lack of a competitive edge," he said. "We have completely lost many of the competitive advantages we used to have, and people are out-hustling us from other jurisdictions all the time. Hopefully, this will be a wake-up call to the film industry that we have a lot of work to do to get back to where we used to be."

Unionized actors complained of being asked to work for free on Internet and cellphone broadcasts, with "Corner Gas" star Eric Peterson, comedian Colin Mochrie and actress Wendy Crewson among the Canadian performers leading the charge.

CFTPA remains ready to bargain

TORONTO, – The Canadian Film and Television Production Association (CFTPA) has been in discussions with ACTRA over the last several days, urging ACTRA to return to bargaining as soon as possible.

Several conversations between Chief Negotiators, John Barrack, CFTPA and Stephen Waddell, ACTRA have taken place over the weekend and into the early part of this week. The intent of these conversations was to explore new ideas and new approaches to resolve the remaining issues including Wages and New Media.

The Producers’ bargaining team consists of staff and representatives from the CFTPA and the Association des producteurs de films et de télévision du Québec (APFTQ). The US member companies taking part in negotiations are required to become members of the CFTPA when they choose to work in Canada. To date, the number of Canadian companies participating in negotiations is 18.

The number of American companies represented is 7. It should be noted that Steven Waddell explicitly requested that the CFTPA include our American partners in all aspects of bargaining.

"The CFTPA Board of Directors has full confidence in our negotiating team and fully supports the efforts of all of our bargaining partners," said Ira Levy Chair, Board of Directors, CFTPA, "It really is time for ACTRA to stop the mudslinging and take a good long look at our proposal and follow the lead of its members who seem to get it."
"Our messaging to ACTRA and the entire industry has been clear and consistent from the beginning of negotiations. We are ready to bargain. We’ve shown extreme flexibility with this proposal and don’t have much more room to maneuver," said John Barrack, Chief Negotiator, CFTPA, "On a regular basis we hear from concerned ACTRA Members who are tired of the lack of clear communication coming from ACTRA to its members. As a result we are looking for ways to speak directly to ACTRA Members, so they understand how good our package really is."

A recent example of the strength of the Producers’ deal is outlined in a letter circulated by Paulino Nunes, a concerned ACTRA member. In the letter, Mr. Nunes states that his update is intended for ACTRA members who are interested in becoming better informed on the issues around bargaining. This is a thoughtful and articulate letter that breaks the CFTPA proposal down into issues that matter to individual actors. In an effort to help Mr. Nunes reach more ACTRA Members, the CFTPA has posted his letter to www.cftpa.ca.

ACTRA calls on Canadian producers to join negotiations

TORONTO, Feb. 13 /CNW/ – U.S. producers outnumbered Canadian producers by a wide margin at negotiations with ACTRA that ended without a deal on February 8, when the lead negotiator for the producers left to attend the Berlin Film Festival.
"We are extremely concerned by the lack of direct involvement by Canadian producers in negotiations and we don’t believe a deal can be reached unless more of them get involved," stated ACTRA’s Chief Negotiator Stephen Waddell.
"The U.S. producers certainly don’t seem to be in any hurry to get a deal."

Issues on the negotiating table include new rates, fair compensation for use of performers’ work on the internet and an end to the legal actions against ACTRA by the producers’ associations.

Last week U.S. producers offered to pay $5.65 a year for unlimited internet use – a proposal that extended the current impasse.

A series of formal and informal phone discussions in recent days has so far not resulted in an agreement.
"The CFTPA clearly needs some help from its own stakeholders to get to a close," Waddell said.

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