Monday, January 29th, 2018 #MEAAEquity
MEAA Online

In recent months Equity has noticed a rise in productions seeking additional terms that are unreasonable and unfair.

If you are working on an Australian television commercial Equity recommends you insist on only using an Equity Standard Contract. This limits usage of the television commercial and provides for roll over fees.

Three unreasonable clauses to look out for:

1.Actor warranties which provide that an actor must disclose any matters and circumstances such as “criminal history”, “scandalous conduct” and “acts or omissions whether carried out in person, or on the internet or any social media”. Equity considers such warranties to be overly intrusive, unnecessary and unreasonable.

2.Clauses that provide that an actor must indemnify a producer for losses caused as a result of any breach of a warranty or term of the contract or any negligence by the actor. Such clauses are completely unnecessary and could expose an actor to the risk of litigation and being liable for large sums of money.

3.Any clauses that seek usage rights in perpetuity. If usage of a television commercial is not limited it can remain on air or on the internet forever - limiting a performer’s ability to obtain work in other television commercials advertising similar products and services.

If you have any questions or concerns about your contracts please contact MEAA Member Central on 1300 65 65 13. 

What do you want to say?

Here are some suggestions about the kinds of things you might want to include in your submission:
  • What is the media like where you live? How much diversity/concentration of media is there in your area? How important to you is media diversity and having a wide range of voices and opinions? Will the takeover reduce competition/diversity in the Australian media sector?
  • What Fairfax and Nine publications and programs do you consume? What attracted you to them in the first place, and what do they mean to you/your family/household? What will be the impact of the takeover on the choice and range of media you consume?
  • How distinct is Fairfax journalism – what makes it different?  Describe a story or stories published by Fairfax over the years which have made a difference to you/had an impact on you/changed the way you think? What would your life/community be like without the journalism that Fairfax produces?
  • Who are the Fairfax journalists you always read/trust?
  • How important is fearless, independent journalism? What will be the impact of the takeover on investigative journalism and does it increase the risk of that independence being compromised by the commercial interests of the proprietor or its advertisers?
  • What else do you think the ACCC should consider when ruling on this takeover, and what would you like the ACCC to do?