Irish Equity and SIPTU have endorsed a statement issued by the National Campaign for the Arts which calls on the Government to create a Department dedicated to the arts, culture and heritage.

The call follows the announcement by the Government that it intends to place the arts along with rural affairs and regional development in a new Department.
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Despite the precariousness of working as an artist in Ireland, when asked in a recent survey if they would again choose to work as artists ‘if they were starting over’, an overwhelming majority (i.e. 82%) of Irish artists said yes, with just 6% saying no and 12% unsure. A key reason for this for many artists was the fact that many felt drawn to arts as a ‘vocation’ and that their work provided career and personal fulfilment.

When asked about the factors that had held back their career development as artists, the most cited factor was the lack of financial returns. This was followed by a lack of work opportunities, a lack of time for creative work, a lack of access to funding and other financial supports. A third set of factors revolved around their ability to ‘supply’ arts works, including a desire for more or better space or equipment, more time and more networks of artists.

Working as a professional artist constitutes a difficult and uncertain way to make a living. Despite relatively high levels of education, work patterns are volatile and many artists report leading stressful lives in which they found it hard to obtain or maintain a good work-life balance, and in which periods of unemployment are common. Income levels are low relative to other workers and many report difficulty in making ends meet. The fact that both work and income could be volatile created uncertainty and made planning difficult.

In order to acquire an updated picture of the reality of life for Ireland’s artists including performers and creators of art as we emerge from the economic crisis, it is vital that we develop an accurate study that will provide the information necessary to build a road map for a better future for Artists in Ireland.

Acting work does not generally correspond to what is usually considered ‘typical’ work, with much of it seasonal, short-term and contract based, or not based on any contract at all.

Actors spend just under two-thirds of their working time working in their profession with the remainder divided between other work or unemployment. Almost half of the time that actors spend working as actors is spent in either unpaid or speculative work with about one-third reporting not normally having written employment contracts. Just two in five professional actors spend all of their time working as actors, often or always working more than 55 hours a week.

Empirical evidence estimates that the average income of professional actors from their work as actors is under €15,000, with half earning €8,000 or less and very few have pension provision.

Just because you are on TV or in Film does not mean that you know where your next pay cheque is coming from. The fact is that majority of actors live a stressful and uncertain life regardless of what is portrayed in the print media.

To: Minister Heather Humphreys

Give arts, culture and heritage the respect it deserves by creating an independent Department and setting a funding target of 0.6% of GDP (the EU average spend on arts/culture). Ireland has one of the lowest levels of public support in the EU.CLICK HERE

The World Intellectual Property Organisation (WIPO) Beijing Treaty on Audiovisual Performances (BTAP) is a multilateral treaty acknowledging for the first time the intellectual property rights of performers with regard to their audiovisual performances. Adopted in 2012, it is a landmark achievement and one that officially ends a discrimination dating from the early 60’s and resulting, until recently, in the sole protection of audio performances in most countries around the world.

WIPO is a specialised UN agency, based in Geneva. It is an inter-governmental organization focusing exclusively on intellectual property, including copyright and neighbouring rights. Member States regularly meet at WIPO to develop new international norms that contribute to the harmonisation of laws and regulations in this field around the world. Website: http://www.wipo.int/portal/en/index.html

As a non-governmental organisation enjoying observer status at WIPO, FIA played an essential role – together with other performer organisations – in building bridges among governments and encouraging a consensual approach to the protection of audiovisual performances. The BTAP finally brings justice to the claim that all performances deserve intellectual property protection, regardless of how they are delivered to the audience and the nature (audio or audiovisual) of their fixation. Consistent with another WIPO treaty in 1996 that focused on audio recordings, the BTAP grants audiovisual performers moral and economic rights, including for online exploitation, whilst also departing from previous practice on several counts.

What is the history behind this treaty and why was it only concluded in 2012?
This treaty is the outcome of a lengthy process, encompassing two previously missed opportunities. The first international treaty to protect the intellectual property rights of all performances was the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting organisations. While breaking new ground, it provided limited protection to performers and no moral rights. In addition, one of its provisions expressly denied any economic right to audiovisual fixations. 1961 was therefore the beginning of a long discrimination between the intellectual property protection of audio and audiovisual recordings at an international level that was only mended by the BTAP in 2012.

A WIPO Diplomatic Conference in 1996 would finally update the protection in the Rome Convention and upscale the IP rights of audio performers only. Another Diplomatic Conference in 2000 specifically to deal with audiovisual performances reached a provisional agreement on 19 substantive articles but failed to deliver a treaty as diverging opinions on the sensitive issue of the transfer of performers’ rights to producers could not be reconciled. Indeed, finding an acceptable compromise on this matter was the main reason it took so long to finalise an audiovisual performances treaty. The rights of performers in audio-visual works are in fact managed differently in various legal systems and, while the producers’ lobby insisted on a mandatory presumption of transfer rule, an overwhelming majority of countries resisted that idea. It took another 12 years for producers to finally accept a provision that, while acknowledging presumption of transfer provisions in national laws, it does not make those the global rule in audiovisual production contracts between performers and producers.

What is the difference between the BTAP and previous WIPO treaties?
The main difference between the BTAP and the 1961 Rome Convention is that, while the latter only awarded performers the right to oppose certain uses of their performances, the former grants them a comprehensive list of exclusive rights, including the right of making available on demand, which has become essential in light of the latest technological developments and the digital distribution of creative works. The BTAP also awards audiovisual performers moral rights, which were not included in the Rome Convention. By far the most striking difference however is the fact that the BTAP specifically protects audio-visual fixations while the Rome Convention did not.

The WIPO Phonograms and Performances Treaty (WPPT), which was approved in 1996 and entered into force in 2002, is more closely related to the BTAP. However, as the name tells, it only awards IP rights to audio recordings. The catalogue of economic and moral rights is quite similar, although occasional differences exist as to the extent of the protection granted by those provisions and the options that countries may take as they ratify and implement the treaty. Differences also exist with regard to the application of the treaty provisions in time. The most striking difference between the two treaties, however, is certainly the inclusion of a specific provision recognising the legitimacy of various mechanisms at national level regarding the transfer of the exclusive economic rights in the treaty to the producer. This simply does not exist in the WPPT.

Screen Producers Ireland and Irish Equity signed a collective agreement covering Irish TV drama production on Wednesday (30th March).

The agreement provides for terms and conditions for artists employed on television drama productions commissioned by Irish broadcasters and reflects agreements in other jurisdictions where artists participate in profits generated from the sale of the programmes after an initial defined period.

The signing follows 18 months of progressive negotiations producing the first ever collective agreement for artists working in the TV drama industry.
CEO of Screen Producers Ireland, Barbara Galavan, said: “This is a significant agreement which is comparable to best international standards and will provide certainty for both producers and actors working in Irish TV drama. The growth of TV drama globally continues to contribute significant economic and cultural benefits to the countries where it is produced. Irish TV drama has the potential to grow in line with the global market place, providing a platform for Ireland’s cultural identity on a world stage.

She added: “Adequately funded Public Service Broadcasting is an essential ingredient for success of the sector. Government urgently needs to address reform of the television licence fee so that more indigenous TV drama productions can be produced for Irish and international audiences.”

Irish Equity Organiser, Karan O’Loughlin, said: “We are pleased to be signing this agreement today on behalf of performers in Irish TV drama. Breaking away from the full buyout model to an agreement that moves towards a more equitable situation for actors in the long run is a significant breakthrough in the industry in general. This three year agreement gives all the stakeholders the opportunity to engage constructively in the development of Irish TV drama and we absolutely concur with the call for adequately funded Public Service Broadcasting to continue to set the pace for the development of Irish TV drama to international standards.”

The agreement was signed on behalf of Screen Producers Ireland by Lesley McKimm, Chair of the SPI Film and TV Drama Committee and on behalf of Irish Equity by Padraig Murray, President of Irish Equity.

For further information contact:
CEO Screen Producers Ireland, Barbara Galavan: 01 662 1114
E-mail: Barbara@screenproducersireland.com

Irish Equity Organiser, Karan O’Loughlin:
E-mail: koloughlin@siptu.ie

Additional Information
Screen Producers Ireland is an employer’s representative body for independent television producers.
Irish Equity is the representative body for actors in the Republic of Ireland.
The Irish Equity Screen Producers Ireland Agreement provides the minimum terms and conditions for all artists (excluding instrumental musicians, crowd artistes, Walk-On/Background Artists, Stunt Artists and dancers performing only in those capacities), employed in the production of indigenous Irish TV drama, commissioned by an Irish broadcaster, BAI, IFB or any other Irish State funding body.
Start date of the agreement: 1st May 2016
Duration of the agreement: three years

The actor and life long Equity member, Frank Kelly, died on Sunday, 28th February.

Kelly was a veteran of stage and screen for 60 years. Among his most popular roles were on RTÉ’s satirical show Hall’s Pictorial Weekly and as Father Jack on Channel 4 sitcom Father Ted.

He also appeared in Glenroe between 1999 and 2001 and later spent five months on the cast of ITV soap Emmerdale. In 2014 he appeared as the judge in Mrs. Brown’s Boys D’Movie. He was also a regular stage performer in Ireland and abroad.

Kelly was born in 1938 in Blackrock, County Dublin, an area where he continued to live for most of his life. He was diagnosed with Parkinson’s disease late last year.

He is survived by his wife of 51 years Bairbre, 7 children and 17 grandchildren.