|West September 12, 2002||
CONSENT DECREE - SUPERIOR COURT OF THE STATE OF CALIFORNIA SOUTHWEST DISTRICT, LOS ANGELES COUNTY |
ARTHUR S. LUJAN, in his official capacity as Labor Commissioner for the State of California, Plaintiff, v. AIA ACTORS STUDIO, INC., TALENT VENTURES OF CALIFORNIA, INC., ONE ON ONE PRODUCTIONS, INC., ACT NOW, HANNAH SUSSMAN dba REEL PROS, JEAN FLIEGER dba IN THE ACT, J.P. TURNBULL dba ACTORSITE, DAVID GOLDYN dba DAVID GOLDYN CASTING DIRECTOR WORKSHOPS, ROBIN NOLL dba THE CASTING BREAK, MARSHA SHAPIRO dba THE CASTING NETWORK, JEANETTE O'CONNOR dba SCENEWORK COMPANY, LA ACTORS ONLINE, BOB RUMNOCK, PETER ELLIOT aka MICHAEL STEWART, KYLIE DELRE dba SHOW & TELL, KENNA DEAN dba ACT NOW, AARON SPEISER dba AARON SPEISER ACTING WORKSHOP, Defendants
Each of the defendant Casting Director Workshop Operators [hereinafter "Workshop Operators"] having appeared in this action, and having stipulated in writing with plaintiff that a consent decree may issue declaring the rights and obligations of the parties as set forth herein to ensure compliance with the provisions of section 450 of the California Labor Code, IT IS ORDERED, ADJUDGED, AND DECREED that the Workshop Providers signatory to the aforementioned written stipulation shall comply with the following guidelines:
1. Workshop Providers shall not permit or allow casting directors to use workshops to conduct auditions or job interviews.
2. The following disclaimer must be included by the Workshop Provider in all advertising for workshops: "This is not a job interview or audition. The presence of a casting director is neither a guarantee nor a promise of employment. The vast majority of Workshop participants do not receive jobs as a result of meeting Casting Directors at these workshops. The intent of the class is solely educational."
3. An additional disclaimer must be individually signed by each member of a class and on application blanks to be kept on file by the workshop. Such disclaimer to read: THIS IS NOT A JOB INTERVIEW OR AUDITION. I UNDERSTAND THAT THE PRESENCE OF A CASTING DIRECTOR IS ABSOLUTELY NOT A GUARANTEE OR PROMISE OF EMPLOYMENT. I FURTHER UNDERSTAND THAT THE INTENT OF THIS CLASS IS SOLELY EDUCATIONAL.
4. A thorough discussion of the disclaimers shall take place at the beginning of each class.
5. Workshop Providers must provide instruction of an educational nature. The Workshop Provider shall require the instructor to provide a written curriculum for each class, which must be available to any participant upon request and kept on file for two years. At a minimum, each workshop must include substantially all of the following: 1. A reading of the disclaimer, 2. Questions and Answers concerning the disclaimer, 3. General Question and Answer period, 4. If a cold reading is included in the workshop, the workshop must provide individual critiques, performance adjustments, and/or feedback. This critique and feedback must be of more than a superficial nature.
The Workshop must also cover, but not be limited to, substantially all of the following: 1. Audition techniques, 2. The business of acting, 3. Office etiquette, 4. Demystifying the audition process, 5. How casting procedures differ between pilots, features, episodics, and the like, 6. Performance adjustments and feedback, 7. Advice on seeking representation, 8. Open forum Q & A, 9. General industry trends in casting, 10. Review of headshots and resumes. Inadvertent failure to cover all subjects shall not be deemed a violation of these guidelines.
6. The Workshop Providers will not invite instructors to Casting Director Workshops who do not have one or more of the following qualifications: member in Good Standing of Casting Society of America; or eighteen (18) months of experience as a Casting Director; or eighteen (18) months of experience as a Casting Associate or Assistant consisting of active participation in auditioning and presenting actors to producers and directors. Additionally, assistants and associates must obtain written verification from a qualified casting director for whom they have worked in the past 12 months.
7. Workshop Providers shall list the following information about each instructor conducting a Casting Workshop whenever the instructor's name is used in any promotional material (e.g. advertisements, calendars, websites) regarding the workshop: 1. Name, 2. Professional Affiliation (if allowed), 3. Current Title, Office, 4. Representative Past Credits and Current Credits (if allowed), 5. Casting Experience (number of years experience and when).
8. If a different instructor is substituted at a workshop, full disclosure of the qualifications of the new instructor must be given to the participants of the workshop by the Workshop Provider and each participant must be given the opportunity for a refund.
9. A workshop shall not consist solely of cold reading without significant individual critique, performance adjustments and feedback.
10. Actors shall have the right to monitor one workshop per Workshop Provider to observe the workshop without participation or payment (as space allows).
11. Workshop Providers shall not permit casting directors to use material/sides from roles that they are currently casting (such as features, MOWs, TV pilots, episodes, and the like).
12. Workshop Providers shall provide instructors with the following information: 1. Name(s) of the owners and staff of the workshop, 2. Prior instructors, 3. Charge to actors for the workshop, 4. A copy of these guidelines.
13. Workshop Providers shall not represent in any manner, either singly or collectively, in advertising or otherwise, that their attendees have been successful in gaining auditions, interviews or employment as a result of meeting a casting director through a workshop, nor that certain casting directors have a preference for hiring or interviewing attendees at a particular workshop, nor that the workshop has any purpose other than an educational one.
14. Where an individual has purchased the opportunity to attend several workshops, the Workshop Provider will, upon reasonable request and at least 24 hours in advance, refund any amount attributable to future workshops that they have not attended. If the individual has purchased the right to attend several workshops at a discount price, and the individual requests a refund, the individual may be charged the standard rate for workshops that were attended or used.
15. Workshop Providers which allow individuals to enroll in workshops through the Internet must use a flashpage or its equivalent to explain the relationship of workshops to the industry and the absence of a direct relationship to employment. Workshop Providers which allow individuals to enroll by mail must provide equivalent notice.
16. Workshop Providers will notify casting directors that they are not allowed to solicit actors to attend their paid workshops. Workshop providers will notify actors that this practice is illegal and that, if it occurs, a complaint may be filed with the Office of the Labor Commissioner at address and phone number or the City Attorney's office, address and phone number and/or CSA, address and phone number.
17. Workshop Providers shall collect all head shots and resumes at the conclusion of the workshop session and return them to the participants.
18. A Workshop Provider shall post in plain view at its premises an explanation of how to find free workshops including at a minimum the name, address and contact telephone number for SAG's and AFTRA's programs and reference to one local periodical that provides notices of such programs.