been somewhat sporadic, a lot has been happening at the CPA since the year started and we would like to take

this opportunity to bring you up to date on all developments.

Please take some time to read through this newsletter to ensure that you do not miss out on important

notifications or information.

CPA to sponsor Loerie Film Craft Awards

Please also note that we will be holding our AGM on the Friday before the Loeries (Friday 16

2011) again this year due to the positive response received from members to our last AGM. We hope that

Johannesburg members will again make the trip to Cape Town a little early in order to attend this meeting.

th September

CPA Administration

worked at the CPA from 2000 to 2002, will take over to keep things running smoothly.

th April 2011 for 2

Please note Vanessa’s contact details: Cell phone: 071 163 9053; E-mail address:

Bobby will leave messages on her phone and e-mail and on the CPA’s website notifying members and the

remember that everything can be found on the CPA’s Website –

menu.

Should you wish to contact a CPA sub-committee directly, please feel free to do so. The Sub-Committees are:

www.cpasa.tv – under the “RESOURCES”

Contact details are available on the CPA site.

improvement.

As the change-over of servers can take anything from 24 to 72 hours, please note that the new CPA site may

only be available on-line early next week.

We request that all members visit the new site to make sure that your contact details and links are correct and

that your director’s lists are current. (Please note we are still in the process of updating links to director’s reels

and member’s logos). We also ask you to check that your logo is up to date and, if not, request that you send

us the latest version in a 172 X 150 pixel JPG or Animated Gif format. (Please send these to Bobby)

Please note that the member’s logos are randomly displayed on the right hand side of the website to ensure

that every company has equal exposure.

HYPE

new Hype site and the implementation of a new and more sophisticated content management and

newsletter distribution system.

2. Bobby’s imminent leave of absence from the CPA.

The good news is that the newsletter, site and content management system have been built and are currently

in the testing phase. A database of 6000 people from international and local clients, agencies, suppliers and

the wider film industry has been collated. All that is needed going forward is your content and supplier

advertising which we will call for in more detail once the newsletter is ready to launch.

Please give some thought as to how you would like to participate in this collective marketing exercise so that

you are able to take full advantage of this new platform which will seek to promote CPA member companies

and our industry as a whole both at home and abroad.

Agency Pitching Fees

with the proposal and it was also agreed that a formal confirmation of this arrangement be circulated to all

ACA & CPA members for the avoidance of argument or doubt.

Please be reminded that the pitching fee is only due by the agency to the production company when a request

to pitch is put out, production companies present to brief and the job then goes away. The pitching fee is not

due when the job is awarded to another production company.

We will soon be sending out a letter confirming this arrangement which we suggest you keep on file – this can

then be forwarded to agencies should they not be aware of this agreement. The ACA will notify all their

members accordingly.

Agency Terms & Conditions

In the event that travel costs are incurred in the pitch, these costs can be added to the pitching fee providedthat they have been reconciled and are reasonable.

We have taken this issue up with the ACA but they have advised that there is not much they can do about the

situation as agencies are entitled to negotiate individually with their suppliers.

Please be reminded that if you are not using the ACA/CPA Agreement (which should be signed on every job)

and are instead using an “agency contract” you do so at your own risk and the CPA & ACA cannot intervene in

any dispute that may arise. We urge all members to read these agreements carefully (preferably with legal

consultation) before signing on the dotted line.

Legal submission to the Department of Labour

Brokers however the many other amendments could, if passed into law, have far wider implications for all

business sectors including the film industry.

The CPA debated if we should make a submission to the Department of Labour notifying them of our concerns.

It was agreed that we should make use of the opportunity to lodge our objections as we would have no

recourse in the future if we failed to do so.

With the assistance of CPA Exco member, Charles Gallacher and our attorneys, Irish Inc, we collaborated with

the Independent Producers Organization (IPO) and a firm of labour consultants, ILS – Integrated Labour

Solutions – to put together a submission which was forwarded to the DOL in February.

If you would like to view this submission, please contact Vanessa for more info.

Digital Workshop & Protocol

digital solutions and storage facilities. We are aiming to repeat this workshop in Cape Town within the next

few months as it is clear that a lot of work needs to be done in this particular area.

The discussion at the JHB workshop indicated that the many questions concerning digital cross the board from

gear rental companies to DITs and data wranglers, to production companies and agencies, post and storage

facilities to long term storage and future implications for clients.

  

with greater market intelligence and to more effectively demonstrate to suppliers, agents, the labour pool,

government etc the challenges currently facing the service sector.

Unfortunately the limited information we have provided them with in the past has proved inadequate to

convince them of the difficulties faced by production companies in securing international work.

We would therefore like to request a ‘centralization of all relevant information’ so that we are in a better

position to make accurate comparisons. We are pleased to announce that Wynton Tavill – who is particularly

skilled at this type of analysis – has agreed to assist us in this process.

We call upon all CPA members to assist us in this endeavour by sending to Vanessa all comparative quotes

which you may have access to. We are particularly interested in quotes from our competitors that may have

been forwarded to service companies by their foreign clients. We are quite happy for you to remove

identifying details (i.e. names of production companies, clients etc) in the interests of confidentiality as long as

we are able to access cost related data.

We anticipate that we will be able to present a comprehensive report to members at the AGM but your

participation is vital to the success of this exercise.

Talent

been reached and that the revised contract will be rolled out in June 2011. We will hold a workshop in winter

to take members through the new contract and we strongly encourage everybody to familiarize themselves

with the agreement before the start of the next season.

Negotiations with OSCA were also finalized towards the end of last year – the OSCA Guidelines and

recommended rates/usages can be found on the CPA site.

A reminder to all members to please brief casting directors beforehand that they will be working to CPA

recommended rates and usage tables. Unfortunately we have had instances where, once cast, agents have

demanded higher rates and usages for their talent. If rates are specified in writing before the casting, there

can be no doubt regarding what has been agreed to so please encourage this practice within your company.

Please also specify within the IPA’s schedule under “special provisions” that future usages will be paid as per

the CPA’s Usage Tables – 2009 to eliminate future confusion.

A talent meeting will be held between the CPA/ACA and the talent associations within the next few months to

discuss the implementation of a single usage table so facilitate a more competitive environment for service

commercials shot in Johannesburg. The ACA have agreed in principle that the lower usage tables (used by the

CPA) are more competitive and should be implemented across the board.

We have received complaints recently about model agents cancelling confirmed bookings in favour of other

(usually more lucrative) jobs. Please let us know if you have experienced this as we need to discourage this

unprofessional practice from continuing.

Working with Children

which the rules are non-negotiable as the potential consequences are that we may forfeit the right to work

with Children in the future. The risks are simply not worth it and we encourage production companies to make

this very clear to clients (particularly on international jobs) at the outset.

Please note that negotiating ‘extra time’ or ‘special arrangements’ with parents is not acceptable as the law

over-rides the parent’s right to consent. Please use common sense when appointing child minders – they

should be properly qualified & experienced – and please do not take it upon yourselves to reinterpret the

legislation to suit the circumstances.

Although agents may appear sympathetic to your plight while the children are on set and while they may be

only too happy to invoice for “overtime”, they usually complain to the CPA (and threaten complaints to the

Department of Labour) after the shoot has been completed. This puts the CPA in a very difficult and

disadvantageous position as we are unable to argue the case of the production company.

As far as we are aware, the representative crew organization has not been formed and no recommendations

or proposals from the crew base have been forthcoming.

We are aware that many of our members (particularly those in Cape Town) were successful in negotiating 12

hour days, straight time on Sunday’s etc during season however it is unfortunate that crew & agents still do

not appear to understand the underlying issues and threats to the Industry’s sustainability.

We have received reports that many crew members have simply increased their rates to make up for the

additional hours, that many are adding in additional expenses and lowering their taxable income as a way to

make up for their loss of income.

We have received complaints from many members regarding the inclusion of unauthorized expenses. We

request that all members refer to the CPA’s “recommended expenses for crew” which stipulates which

expenses should be paid for and at what rate. Please do not pay out additional expenses unless these have

been clearly negotiated up front as this sets a bad example and makes it all but impossible to contain

increases. Please do not allow crew to decrease the taxable portion of their income as this puts production

companies at risk and also sets a bad precedent.

When we raised these issues at the CPA production workshop in October last year, all producers in attendance

were adamant that they were aware of these issues and would not allow abuse to occur, however that they

have continued since then is a clear indication that we are not doing enough to police this situation.

Often payments are authorized by junior production personnel and freelance line producers so we encourage

all members to discuss these issues beforehand to ensure that all production personnel are aware of and abide

by the guidelines.

We will follow up with crew representatives in the months ahead to see if they intend to enter into discussion

with us, failing which we will look more closely at how to move forward without their input.

Electrical Installations on set

industry’s current practices fall foul of the relevant legislation – most notably the Occupational Health & Safety

Act.

You may recall that, a few years ago, the CPA asked agents and crew working in the lighting department to

look into the situation and ensure they had the correct credentials but unfortunately it appears (after a quick

survey of the agents) that this has not happened.

This puts production companies at risk should there be an accident on set and it appears that underwriters will

not pay out on related claims if the relevant legislation has not been adhered to. A criminal case could also be

opened if it can be proved that the company’s negligence was the cause of the accident.

It seems that the safest option (which is also very expensive) is to appoint a qualified electrician to work

alongside the gaffer to oversee all electrical installations. The ideal would be for gaffers to update their

qualifications as per our request but this is also unlikely given that the prevailing attitude appears to be that

production companies will continue to hire them regardless of the associated risks.

As ignorance is not an excuse in the eyes of the law, we urge all members to assess the situation and

implement the necessary procedures to ensure compliance.

Imports

happens it appears that it is particularly difficult to reclaim the goods thereby potentially placing the shoot in

jeopardy.

Please discuss this issue with your clients up front so that they are able to assess the risk of bringing goods into

the country without the necessary documentation. Although it may be a hassle for the client to organize a

carnet prior to departure, it is definitely the safer option.

Cape Film Commission

dissatisfaction with the situation in Cape Town to the City and Province.

We are disappointed to note that there are a handful of members who have still not resigned thereby

continuing to give credibility to the Commission at the expense of fellow members and the entire supply chain.

We urge these members to reconsider given that their continued participation is enabling the unacceptable

status-quo to continue.

As demonstrated in the recent announcement that Cape Town station would only be accessible as a location

to CFC members, the CPA made it very clear that preference given to so-called “CFC members” is very

concerning given that they are not a private enterprise tasked with promoting the exclusivity of members but

are, in reality, a quasi-government organization funded by tax-payers.

Our opinion is that the CFC should be obliged to render an equal service to all practitioners operating within

the industry without fear or favour and regardless of whether or not they are members. Unfortunately the

fact that some companies appear to have received partisan treatment by the Commission in the past has

created mistrust and division and we encourage an immediate end to these practices so that we can resume a

collective approach to problem solving and co-operation within the industry.

Following our extensive correspondence in this regard with the City & Province, Alan Winde (MEC for

Economic Development) called a meeting on Tuesday which the CPA & SAASP attended. It was agreed at this

meeting that both organizations would engage with the City, Province & CFC to establish if a solution can be

found to the current impasse.

CTFPO

and are now working very constructively with the CTFPO to tackle the location problems.

Several key developments have taken place:

1. The City has agreed to send all location directives directly to the CPA and SAASP and have

acknowledged that we do not have to be CFC members to receive this information. This will ensure

that our access to information from the City/Province is guaranteed thereby limiting the risk that we

may not be notified timeously of location restrictions;

2. Minister Winde (Western Cape MEC for Economic Development) has personally endeavoured to

involve himself in the resolution of this issue and has indicated that location issues will no longer fall

under the mandate of the CFC but will instead be dealt with by a representative group which will be

formed shortly. This group will include representatives from the CPA & SAASP.

3. The City of Cape Town has appointed Thembinkosi Siganda from Economic Development to oversee

the Film Office. The CPA and SAASP met at length with Thembinkosi on Wednesday and were

impressed by both his proactive approach and commitment to resolving the issues.

Following Wednesday’s meeting, Thembinkosi has committed to and instituted directives to

implement the following without further delay:

“locations manifesto” in 2007. It appears that the City are responding positively (as outlined above) and wish

to avoid protracted litigation (and the accompanying negative press) between themselves and the industry.

We have pointed out to them that this would not serve in the best interests of anyone concerned but that we

were left with no choice but to proceed to make them aware of the level of our collective dissatisfaction.

It appears that our point has been well made and thus the meeting with Minister Winde to ensure that the

necessary steps are put in place to rectify the problems with both the Film Commission & CTFPO.

In closing

and that the Association continues to offer value to members.

Best regards,

CPA Executive Committee

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