World intellectual property organization

WIPO		E AVP/IM/03/3A ORIGINAL: English DATE: April 8, 2003
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA

Study on audiovisual performers’ contracts and remuneration practices in mexico, the united kingdom and the united states of america

prepared by Ms. Katherine M. Sand
Consultant
Former General Secretary of the International Federation of Actors (FIA)
United States of America

CONTENTS

(b) Beneficiaries of Protection 4

(c) The Requirement to Obtain a Performers’ Consent 5

(d) The Scope of the Rights 5

(e) Duration of Performers’ rights 7

(f) Exceptions and Limitations 7

(g) New Rights 7
B. MANAGEMENT OF THE RIGHTS OF PERFORMERS IN CONTRACTS
AND COLLECTIVE BARGAINING AGREEMENTS 8
(a) The Legal Status of Performers’ Collective Bargaining 8

2. 
   How British Performers and Producers Work Together to Manage
   Rights Through Collective Bargaining 8
   
3. 
   The Parties Involved in Collective Bargaining 9
   
4. 
   The role of Agents in Negotiating Individual Contracts 10
   
5. 
   Beneficiaries of the Collective Agreements 10
   
6. 
   Payments for Various Uses and the Interaction Between Collective
   Agreements, Individual Contracts and Performers’ Statutory Rights 11
   
7. 
   Examples of Collective Agreements in Audiovisual Production 11
   
8. 
   Consent and Copyright Clauses 12
   
9. 
   Payment Structures and Systems in Audiovisual Collective Bargaining
   Agreements 13
   
10. 
    Miscellaneous other Rights: How Are They Treated 20
    

C. THE COLLECTIVE EXERCISE AND MANAGEMENT OF AUDIOVISUAL PERFORMERS’ RIGHTS IN THE UK 21

2. 
   AUDIOVISUAL PERFORMERS’ CONTRACTS AND REMUNERATION
   IN THE UNITED STATES OF AMERICA (USA) 22
   

1. 
   STATUTORY RIGHTS 23
   

B. THE COLLECTIVE BARGAINING SYSTEM 24

(b) The Collective Bargaining System and How it Relates to

3. 
   Beneficiaries of Protection under Collective Agreements–Do Performers
   Have to Be Union Members? 25
   
4. 
   Are Extras Considered to be Performers? 26
   
5. 
   Can Foreign Performers Benefit from US Union Agreements? 27
   
6. 
   The Jurisdiction of US Union Agreements 27
   
7. 
   The Parties Involved in Collective Bargaining 27
   
8. 
   Talent Agents 29
   
9. 
   Other Performers’ Unions 29
   
10. 
    Areas in which Collective Bargaining Agreements and Standard Rates
    for Performers in Audiovisual Exist 29
    
11. 
    Rights Conveyed by Performers to Producers 30
    
12. 
    Performers’ Compensation: Payments for Secondary Uses via the
    Residuals System 30
    
13. 
    How Residuals are Distributed: An Example of Residuals Distribution
    Formula (Screen Actors’ Guild Basic Agreement) 31
    
14. 
    Assumption and Security Agreements: How the Unions Protect Ongoing
    Payments through Collective Bargaining 32
    
15. 
    The Duration of Collective Bargaining Agreements 32
    
16. 
    New Forms of Exploitation 32
    
17. 
    Non-Economic Rights 33
    
18. 
    Examples of Collective Agreements in Audiovisual Production 33
    

3. 
   MANAGEMENT OF THE RIGHTS OF PERFORMERS THROUGHT
   INDIVIDUAL CONTRACTS 41
   

(a) Overview 41

(b) How Rights are Dealt with in Individual Contracts 41
D. PUBLISHED FIGURES 43

2. 
   AUDIVISUAL PERFORMERS’ CONTRACTS AND REMUNERATION
   IN MEXICO 44
   

1. 
   STATUTORY RIGHTS 44
   

(a) Coverage of the Rights of Authors and Performers under the Mexican

2. 
   Definitions Relating to Bringing a Work to the Public 44
   
3. 
   Authors’ Rights Relative to Ownership of Audiovisual Works
   by Producers 45
   
4. 
   General Provisions: Contractual Provisions Relating to Audiovisual
   Works 46
   
5. 
   Specific Provisions Relating to Contracts for Different Kinds of
   Audiovisual Works 47
   
6. 
   Performers’ Rights 48
   
7. 
   Definition of a Performer 49
   
8. 
   Economic Rights Given to Performers and their Transfer 49
   
9. 
   Limitations on the Transfer of Performers’ Rights 50
   
10. 
    Registration of Performers’ Contracts 50
    
11. 
    Non-Economic Rights Given to Performers 50
    
12. 
    Duration of Performers’ Rights 51
    
13. 
    Beneficiaries of Protection 51
    

B. REGULATION OF THE FEDERAL AUTHORS’ RIGHTS LAW 51

(b) Performers’ Remuneration: Communication to the Public of Audiovisual

(c) New Amendments to the Federal Copyright Law 53

(b) Collective Agreements and Individual Contracts for Audiovisual

(c) Contracts, Collective Agreements and Television Repeat Fees 54

(b) The Legal Basis for the Collective Administration of Rights in Mexico 55

(c) Aims and Responsibilities of Collecting Societies 56

(d) ANDI’s Administrative Structures and Requirements 57

(e) How Performers Join ANDI 57

(f) The Social Role of ANDI 57

(g) Rights and Fees Negotiated and Collected by ANDI 58

(h) Commercials 58

(i) Multimedia and Internet Use 59