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Artists' Remuneration

Dáil Éireann Debate, Thursday - 19 October 2023

Thursday, 19 October 2023

Questions (3)

Aengus Ó Snodaigh

Question:

3. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to comment on the ongoing campaign led by Irish Equity seeking to end the practice of Irish performers and writers facing obstacles such as needing to sign so-called buy-out contracts in order to work in the audiovisual arts, including projects funded by her Department; and if she will ensure that the issuing of funding of cultural certificates by her Department will be contingent on eradicating this practice and supporting performers and writers. [45920/23]

View answer

Oral answers (8 contributions)

I ask the Minister to comment on the campaign led by Irish Equity seeking to end the practice of Irish performers and writers facing obstacles such as needing to sign so-called buy-out contracts before they can get any work and the associated loss of earnings.

This is a complex and nuanced issue. Screen industry contracting may vary from production to production with a range of production types from lower budget domestic productions to higher budget incoming international productions. There are different approaches to purchasing rights for film and television projects.

Standard contracts between producers and creative rights holders vary from country to country, with different approaches throughout Europe. In this context, creatives currently operate under a range of different work-related agreements. Section 481 does not obligate one set of terms over another.

Matters relating to intellectual property rights, copyright and the transposition into Irish law of the EU copyright directive fall under the remit of my colleague, the Minister for Enterprise, Trade and Employment. The transposed directive aims to strengthen and protect the rights of authors, performers and the wider creative community, notably with online platforms.

Certain provisions within the directive, designed to help Irish copyright law keep pace with the digital age, require all industry stakeholders to work together towards establishing new frameworks and agreements.

The acting profession in the audiovisual industry is represented by Irish Equity-SIPTU. In the first instance, SIPTU may negotiate and agree contracts, arrangements and rates for stage and screen actors in Ireland. SIPTU also represents many of the screen workers guilds and, in that context, a shooting crew agreement is in place and operates in the sector.

Earlier this year Screen Ireland, the State body with responsibility for the development of the Irish audiovisual industry, retained an independent facilitator to meet stakeholders to understand and discuss issues that have arisen since the transposition into Irish law of the EU copyright directive. During the first phase of the process, individual stakeholder meetings were held and, subsequently, moderated group discussions took place with screenwriters, directors, composers, actors, and animation and live action producers, with a view to finding common understandings and potential clarifications that might be required around the legislation. As a collective, the industry representative group has proposed next steps that Screen Ireland is reviewing with a view to supporting progress. It is important to allow that process the opportunity to address some of these concerns in the first instance. As Minister, I encourage all representative groups to continue to engage in this process and in negotiating fair agreements to ensure the continued success and growth of the industry.

This has been an ongoing issue. In recent days and weeks two sets of email pleas have inundated my email account. One has to do with the slaughter in Gaza by the Israelis; the other pertains to this question of creatives, as the Minister calls them, that is, performers and writers, and their families demanding that Irish performers be paid fairly for their work, in line with what is common in other countries. This has to do with the increasing practice - it was not always there - which is, in fact, nearly compulsory now, that those creatives, in order to get any work in the audiovisual sector in Ireland, have to sign buyout contracts and waive their future residual payments. Yet we see, under section 481 and other encouragements for the audiovisual sector, that those who are in charge or the producers get the benefits whereas the workers, the creatives, do not seem to get them and are forced to sign away their rights.

I am aware of the communication with Deputies and understand that a petition that was handed in stated that every Irish performer and crew member deserves the right to appropriate and proportionate remuneration and that Irish performers will not be subject to lesser terms and conditions regarding their intellectual property rights than international performers in similar roles. I am in full agreement with those sentiments and want to see a sustainable screen industry in Ireland in which everyone is treated fairly and receives fair and equitable remuneration. If an Irish performer is in a situation in which he or she is subject to lesser terms and conditions than others in similar roles, or is aware of such a situation, I ask him or her to bring it to the attention of my Department or of Screen Ireland.

I can tell the Minister from having met many creatives, some in my family, that only up the road there are better terms and conditions for those creatives who are on film sets in the North than there are for those in this State. Yet with the section 481 relief the Government facilitated the industry once again in the budget. I am not arguing about that - there is a vital need for section 481 - but, hand in hand with any changes that benefit the industry, we have to make sure there is a benefit for the creatives working in the industry, and we have not moved in that regard. I think the Department is well aware of situations in which, whether in England or in the North, writers in Equity have shown to everyone that they have different terms and conditions and are not forced to sign buyout contracts in the way they are here.

I am asking for any specific cases to be brought to the Department or to Screen Ireland. As the Deputy said, the section 481 cap was lifted. That was welcomed by stakeholders, including Irish Equity, which sought that. There is a process in place whereby Screen Ireland has put in an independent facilitator. There is that lack of clarity around the assignment of intellectual property in the screen industry. There is also a lack of clarity about the ability of some creatives to enter into collective bargaining. That issue has also emerged. I hope that the outcome of the process is to reach an agreement on the operation of the new law and identify all matters that need clarification. I encourage full engagement with that process.

I thank the Minister for that. I agree, and I hope the process will have a very short timeframe to ensure that it is delivered. We are in a cost-of-living crisis and a housing crisis. Those creatives, as the Minister calls them, deserve to live and to see the benefit of their work in the same way as in other countries. Will the Minister try to accelerate the process to ensure that there is delivery and that we will not be back here in a year's time asking the exact same question and getting the same answer? This did not just pop up in the past while. While the issue has gained heightened awareness because of the campaign by Equity and others writing to us all, it has been an underlying issue that has been raised with me and with former Ministers in the past. It is a condition of employment now in the audiovisual industry for most companies. That is not good enough and it needs to stop. Will the Minister call on the industry to stop the current practice, especially while that Screen Ireland process is in place?

I ask the Deputy to bring the specific examples to my attention. We need to be contacted and need the specific examples brought to the attention of the Department or of Screen Ireland. That is crucial in this.

As regards the process, Screen Ireland has put in an independent facilitator, and that is really important. The Deputy asks for haste there, but haste sometimes can be the enemy of the good. The process needs to be given the proper time to give the stakeholders the time to flesh out the issues of concern. As I said, I encourage all representative groups to continue to engage in the process. I met many of them in Galway in July. As I said, the outcome of the process, I hope, will be to reach agreement on the operation of this.

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