Author Topic: AEA and Facebook  (Read 10165 times)

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Sarah

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AEA and Facebook
« on: Apr 02, 2009, 08:45 pm »
We've already had the discussion concering whether or not Facebook is a viable tool for employers searching out information on potential future employees. Tangentally, I've been seeing pictures show up on FB pages of AEA actors in rehearsal, or publicity photos from publicity packets or "behind the scenes" type photos, taken by other members of the cast or company while in rehearsal or during tech. Obviously, there is no specfic rule pertaining to this (yet!!). This kind of posting, I feel, were it to be a infraction, may be governed by rules 64-K-2 and 3:

(2) On web sites of sponsors and/or supporters of the Theatre, provided:

(a) The Actor’s likeness is used solely to acknowledge the sponsorship or support
and is not in any way used directly or indirectly to endorse the sponsor or a
specific product of the sponsor;

(b) The footage is on a separate page from any product promotion or
advertisement;

(c) The Theatre shall receive separate permission from the Actor, specific to the
sponsor/supporter web site, which permission shall not be a condition of
employment. The Actor shall be fully advised as to the names of sponsors and
supporters and the specific web site usage. Permission shall be limited to the
specific sponsors named and footage shall not be given later to a different
sponsor. Permission shall be granted in each case for no more than two years
from the time such permission is granted. The Actor may negotiate a lesser time
period;

(d) The Theatre shall indemnify the Actor against any breach of an Actor
exclusivity clause when such breach is a result of the use not authorized by this
Rule 65(K)(2);

(3) For all web site usage, neither merchandise promotion nor ticket sale information
shall be presented on the same “page” as the Reproduction, but may be presented on
a separate “page.” However, the “page” containing the Reproduction may indicate
how to get to the “page” which does have information about merchandise or tickets. It
is also understood that there may be no promotion of any other product(s) on the
“page” where the Reproduction will be seen without Equity’s prior written consent. If
voice-over or other live actor work performance is required, in addition to the permitted
performance footage, the applicable AFTRA/SAG Agreements shall apply to such
voice-over or other work.

Use of footage for any purpose other than specified above is strictly prohibited. For
any violation under this Rule, the Actor shall be paid no less than two weeks’
contractual salary in addition to any AFTRA or SAG amounts which may be due.[/li][/list]

Here are my questions: Could cast members be classified as "supporters of the theatre"? Is it considered publicity only if the name of the theatre is also on the page? Other products are frequently advertised on FB pages...is this also a violation? What about the time period? Has anyone encountered an infraction due to FB postings of cast pictures and if so, how was the issue resolved (aside from the parties removing the pictures from FB pages)? Are there other rules that could be referenced in this instance?

That said, I'm not looking for a crackdown on people trying to scrapbook their careers or remember a fond rehearsal process or have a bit of fun. But, this has the potential to be a very sticky wicket.

ReyYaySM

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Re: AEA and Facebook
« Reply #1 on: Apr 02, 2009, 10:27 pm »
Which contract are you citing in your post?

KMC

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Re: AEA and Facebook
« Reply #2 on: Apr 02, 2009, 10:30 pm »
Is publicity for theatres a bad thing? 

Obviously the point of AEA is to protect the best interests of its members, but would a rule enforcing this really be in the members' best interests?  And furthermore, does AEA really have the resources to prowl facebook in search of "illegal" photos?  There's a thread here that does nothing but spread doom and gloom on the state of the industry with theatres tanking for lack of subscription.  Let's be careful our actions as a community don't contribute to the casualties.

Many unions walk a fine line between protecting their members and stifling their industry (see UAW and the American auto industry); I sincerely hope AEA remains on the side of the former.
Get action. Do things; be sane; don’t fritter away your time; create, act, take a place wherever you are and be somebody; get action. -T. Roosevelt

PSMKay

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Re: AEA and Facebook
« Reply #3 on: Apr 02, 2009, 11:02 pm »
I wonder sometimes what has happened to common courtesy when I see people resorting to rulebooks and lawsuits rather than starting first with conversations and accessible personal controls.

If someone tags you in a Facebook photo, you can remove the tag yourself if you don't like it.  You can also ask that the person not use your image in the future - my guess is they will be amenable to stopping if they value their career.  As long as these controls remain in place I think the concern, while certainly good brain fodder, is a moot one.

Regarding Sarah's specific questions I do not think that a cast member could be construed as a supporter of the Theatre, nor a sponsor.  They are employees or contract workers, and unless they are also donors to the theatre's endowment (which occasionally happens) and specifically posting those photos as part of a fund drive for the theatre, the division is quite clear.  However, I do think that if a Theatre were to use those candid shots on their own corporate "page" then it would be a potential violation if the necessary releases were not obtained beforehand.