Personal Managers Association
As you know, Amy Markatis got together a small PMA working to group to negotiate with BOV this week. Thank you to Amy and the agents involved – who (at lightening speed!) achieved a good outcome! Se below.
Cx
From Amy:
Following our negotiations with Giles at BOV we have reached a point where we feel we have taken it as far as we can for this first season.
Original Offer
– 30% of net box office rising to 45% of net box office receipts on recoupment of season costs (which are £15,550) to be shared across all companies.
– Each Company share to be calculated proportionally according to number of views.
– Each Company share split into equal thirds with 1/3 going to creative teams
New Offer
– 55% of net income throughout
– Each Company share to be calculated proportionally according to number of views.
– Each Company share split into equal thirds with 1/3 going to creative teams
Grinning Man/ Messiah
In terms of the advance being deemed âalready paid’ they have admitted this was an oversight on their part but are asking that we accept, in light of the % increase, that as already paid.
The fact that we dated the distribution period for the agreement in the summer for such a short period (one week and not as Equity have subsequently advised six months) was in retrospect an oversight on our part, especially considering the way things have turned out RE online vs in person offers we can make to our audiences. BOV@Home was the banner under which we offered the streams in the summer, the difference being that we are now introducing a paywall. I will have to take this back to the team, but in light of the offer of an enhanced royal % I can’t see there will be anything we can do here considering the scale we are talking about in terms of company size.
Giles has confirmed if we agree not to demand another £150 up front payment, our clients on these productions would get an immediate share of income from the very first sale, we won’t be working those off as advances.
Christmas Carol/ Swallows and Amazons/ Pink Mist
There will be a guarantee of £150 paid up front as an advance (please double check your titles to ensure this is correct as I only have an Xmas Carol agreement) and worked off against the royalty share due.
I have now emailed Giles to say I would advise my clients to agree on the understanding that:
– For Grinning Man/ Messiah we will not receive another £150 advance but will receive income from the first sale
– We agree to review for future seasons in good faith
– For future seasons each title, regardless of whether they have featured on the platform in previous seasons or not, will incur the £150 guarantee anew for each season in which it features (NB this may raise some contention as we understand they intend to only pay this once per title and then only the royalty. However this can be worked out later down the line when the next season arises).
I have also been clear that we disagree generally with the principal of Equity determining that £150 should cover six months of use. There is no Equity contract or agreement on behalf of creatives covering streaming or broadcasts, certainly not that we are aware of or have ever been a part of. Also any figures coming from Equity are minimums and we are not bound in any way to agree to them.
I am attaching a spreadsheet I have made with the figures given to us by Giles so we can all see potential income. Please note that the illustrations show an equal split between the five titles just as a guide, in reality this will be split proportionally according to number of views for each title.
I have made clear to Giles we can only let you all know where we have got to on the negotiation and it is up to individual members and clients to review and agree (or not) as they see fit.
If anyone has any queries on figures etc I am more than happy to discuss.
Many thanks,
Amy Markatis