Letters: Let’s compromise

This past summer, we set out to prove the critics wrong. Fed up with the constant grumbling about the state of the English-Canadian film industry, we formed our own company, Green Couch Productions, and decided to produce our own film, entitled Variety. It was our mandate to produce a privately financed, independent Canadian feature which could compete on an international scale.

Now, eight months later, and well into post-production, we are more positive than ever that we are going to achieve our goal. Nevertheless, our journey taught us a great deal about the politics of filmmaking in Canada. It is now clear that the institutions which appear to be working so vehemently to make Canadian filmmaking a success are the same institutions which guarantee its demise.

While we could fervently discuss the necessity of change in nearly every aspect of public financing of feature films, this letter’s focus is on the need for change in the dealings between private Canadian producers and the screen actors guild, actra.

During the early stages of preproduction of our film, we spoke to many established Canadian independent producers, searching for advice and instruction. In all of these conversations, we never once heard a positive word spoken about actra, yet it was not until we approached actra ourselves that we experienced the source of this contention.

actra’s uncompromising position with regard to independent producers cost our film a great deal, but we were warned by several independent producers not to say anything as it may adversely affect our future dealings with actra. So, not wanting to rock the boat, we muttered to ourselves and did nothing.

However, after reading the article in the Dec. 16, 1996 issue of Playback (‘actra focus shifts to promote Cancon, p. 24), we decided that we could no longer keep quiet. In this article, the statements by Stephen Waddell, national executive director of actra, demonstrate a hypocritical public display of support for Canadian independent film.

Last May, we had a sit-down with Celia Hamilton, president of the Toronto branch of actra. We were there to ask actra if they would allow a few specific members of their union to work on our film, which was an otherwise non-union production.

During this meeting, there was never a concern about the quality of our script.

We argued that the only way to compete internationally is to have the best product and that the best product can only be attained through using the best ingredients. Clearly actors are one of the most important ingredients.

But without the money to back us up, Hamilton informed us, ‘You are amateurs, and must be treated as amateurs.’

In other words, those who do not have enough money to pay actra rates are amateurs and actra will not work with amateurs.

She added that our only options were to use non-union actors or Americans. (That she would tell us to use Americans added insult to injury as it is our company’s mandate to use Canadians in all lead roles.)

From our conversation with Hamilton we have drawn the following conclusions: actra is not concerned about the state of independent filmmaking in Canada. actra is not concerned about what is best for the careers of its members. actra is not concerned with the overall American dominance of filmmaking in Canada. actra is concerned with one thing and one thing only: getting paid.

It is all about money.

In the article, Waddell mentions, with no real clarity, that actra will negotiate agreements with producers on low budgets. This makes it sound as if actra is actually willing to negotiate its fees for Canadian productions. Not true.

If the way we were treated is any example, actra’s version of negotiating involves giving an independent producer their Independent Production Agreement and if the producer cannot pay according to the terms outlined in this agreement then they are ‘amateurs, and must be treated as amateurs.’

Even if one was to qualify for actra’s Super Low-Budget Feature (less than $125,000) section of the Canadian Independent Production Incentive Program, the fees are still non-negotiable. Under these terms actra offers a maximum 45% discount on its fees so that a principal actor in 1997 need only be paid $249.70 for an eight-hour day. Any minute over this eight hours, and the performer must receive an additional $46.88 per hour.

And there are still a multitude of insurance benefits, percentages and buyout fees still to be paid. In fact, actra stipulates that Super Low-Budget Features give the performers a 13% participation in distributors’ gross revenue. This is hardly an incentive to distributors to take the risk on picking up a super low-budget film.

Waddell says, ‘If you can ensure the majority of performers are union members then that’s going to have a tendency to dry up non-union work.’

This must cause great concern for independent producers who do not qualify for even actra’s most generous discount. Essentially, actra is trying to ensure it gets paid whenever and wherever a performance takes place. If actra had already accomplished their goal of eliminating non-union work, our film would have been all but a passing thought.

In the Directors Guild of Canada article, in the very same issue of Playback (‘Defending Canadian interests, p. 26), Allan King, guild president, offers a ray of hope for Canadian producers.

King states that it is ‘the guild’s basic production policyto accommodate any and all Canadian productions.’ King understands that this means adapting dgc rates for low-budget shoots and, if necessary, allowing its members to work on deferral.

Clearly, the dgc understands the importance of not only keeping its members working, but also defending Canadian interests in the production and broadcasting industries.

We hope that this letter does not indicate that we are against the idea of a screen actors guild. Quite the contrary. We recognize that actors require a collective to look after their rights and interests.

actra, however, places their own interests well ahead of both its members and Canadian filmmaking. If Canadian filmmaking is to ever truly have a chance to succeed, actra must follow the dgc in accommodating any and all Canadian productions. Only through working together can we achieve the ultimate goal – getting Canadians into the theaters to see Canadian films.

aaron barnett, scott carman and michael shayne,

green couch productions,

toronto.