Personal Managers Association
Dear All,
It is SO important that we check our contracts and not be blindsided by a client’s fee (we should all be so lucky!).
There are a number of Agents/Actors who are now backed into a corner on THE FRANKENSTEIN CHRONICLES because others have already agreed their contract terms. I speak about the below clause which sets a very dangerous precedent. When negotiating with the CD on this I was told a number of times that it was ITV Encore budget, not ITV1 Prime Time budget thus my clients lower fee (thankfully I got no quote for both of them). The below stipulation leaves it open to ITV to transmit this show on ITV proper while paying our actors a reduced ‘secondary’ channel fee. Having spoken with Equity they were also concerned however the horse had already bolted. PLEASE, PLEASE, PLEASE can we all try and work together to stop this from happening. (It is looking increasingly likely this show will now air ITV1 prime time!)
KWF
11.
Non-UK Network Transmissions: Notwithstanding the final section of clause (T6)1 of the
PACT Equity Television Agreement, the Artist hereby agrees that the Producer shall be entitled to
elect, by notice in writing to the Artist at any point prior to the first transmission of the Production
on any UK television channel, whether clause (T6)1 (i) or (ii) shall apply in respect of the
engagement fee. In the event that the Producer elects to utilise the engagement fee pursuant to
clause (T6)1 (ii) (in which case the Production will be transmitted on the digital television
programme service currently known as ITV Encore (and any non-SD or delayed version thereof)
and any Secondary ITV Service(s) as such term is defined in ITV’s Digital Channels General
Terms and Conditions (as amended from time to time) (“Encore Service”)), then the payment set
forth in Section G of the Equity Form of Engagement shall acquire 8 (eight) TXPs (as defined
below) on the Encore Service in the UK (in lieu of the UK Network Transmission) in addition to
non-theatric rights throughout the world. For the avoidance of doubt, Producer hereby confirms
that for the purposes hereof: (i) one (1) “TXP” (as referred to herein) means a continuous period
of 7 (seven) days during which the Production may be transmitted on the Encore Service on up to
2 (two) separate occasions; (ii) transmission on HD, 3D or time shifted versions of the channel on
which the Production is shown shall not constitute a separate transmission; (iii) delivery of the
channel on which the Production is shown by different methods (e.g. satellite, cable, DTT (digital
terrestrial), DSL (digital subscriber line, on-line delivery systems, wireless networks for display on
any mobile device)) simultaneously shall only constitute 1 (one) transmission although any DTT
and DSL transmission may be non-simultaneous only to the extent required for (A) bona fide
technical reasons; (B) for variances in advertising and promotional spots; (C) due to the applicable
channel not having obtained DTT or DSL transmission rights for individual programming on the
relevant channel; or (D) to comply with applicable legal and regulatory requirements; and (iv)
“UK” means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and
the Isle of Man and their territorial waters, the United Kingdom continental shelf and Eire.
Producer hereby confirms and the Artist hereby agrees that:
a. if the Production is initially transmitted in the UK on a UK Network Channel and then
subsequently transmitted on the Encore Service, Producer shall pay Artist his/her relevant
share of the 17% royalty payment (as set out in Clause 4 of Appendix TA of the PACT
Equity Television Agreement) of the additional licence fee actually received by Producer
from the relevant broadcaster in consideration of such additional TXPs;
b. if the Production is initially transmitted in the UK on the Encore Service in excess of the
Additional Uses pre-purchased herein, Producer shall pay Artist his/her share of the 17%
royalty payment (as set out in Clause 4 of Appendix TA of the PACT Equity Television
Agreement) of the additional licence fee actually received by Producer from the relevant
broadcaster in consideration of such additional TXPs; and
c. if the Production is initially transmitted in the UK on the Encore Service and then
subsequently transmitted on a UK Network Channel, Producer shall pay the relevant
Additional Use Payment within the PACT Equity Television Agreement for any such
transmission of the Production which is not pre-purchased herein.