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Belinda Hale B.A Hons M.A Flat 6 W2 4DT 0207 243 3413 14 September 2004
Dear Ray, I’m writing
to advise you that I attended the AGM of the London Production Division of BECTU
on Saturday the 26th June. An issue has arisen in respect of the status of the rules and byelaws for the Division.
At an October meeting of the Division in 2003 a paper by the AGS was endorsed pending legal advice, The intention
was to alter the rules and byelaws of the Division. The main consequence was in respect of the status of non-elected representatives
to the LPD. My own status was affected as a previously elected Representative as our Branch had failed repeatedly to achieve
a quorate AGM. I had been considered to have been Acting Chair and I obviously
requested clarification in light of the situation as to how the affairs of the Animation Branch were to be dealt with. In
light of the paper that was considered to have been endorsed by the committee my status and that of other individuals from Branches in a similar position was considered to have been as an ‘Observer’
with no power to vote. Not even in respect of any matters directly concerning the Animation Branch. Of course this has worried
me deeply especially in light of the fact that BECTU have no formal complaints procedure as well as in light of the issues
that I consider to be present in respect of the Animation members copyright interests and BECTU/DACS handling of these matters.
Of course I have taken up issues with the NEC directly. At the meeting on Saturday a decision was taken at LPD AGM to agree the original rules & byelaws as
the constant in order that the AGM might proceed. In effect a decision has now been taken to reduce the quorum for the LPD
AGM as well as the ordinary LPD meetings. A request to reduce the AGM and ordinary meeting quorums for the Animation members
was denied. I will be requesting a breakdown of the LPD Branches by number of members and by number of committee each branch
committee and their ‘quorums’. I am well aware of the fact that a precedent exists whereby the quorum for the
Producers & Directors Branch was reduced, the committee was revitalised and I would argue that there is no reason that
a quorum shouldn’t be increased accordingly. I am hopeful that the Animation members will achieve a quorum but I am
very concerned that insufficient support has been given to these members in light of the obvious difficulties that we have
experienced and I can say that without establishing an initial steering committee not even the most basic steps can be effected
in order to get the Branch motivated. I do not think that BECTU have shown enough support for such ranches and I would query
the manner in which resources have been directed by LPD. The members in LPD have after all faced extreme difficulties in recent
years due to staff shortages prior to our move to Clapham as well as the knock on effect of that move and the difficulties
that members have in attending meetings in Clapham at that hour of the day. odds for a move
that was decided by the N.E.C beats me. I don’t think that BECTU should
be charging individual branches in this way. Personally I had even proposed the use of my office in Notting Hill without charge.
Not something that I would have done indefinitely but certainly until we had overcome certain changes. At least members could
have had their travel re-imbrued. They do have to attend an AGM from all over the South East; equally a suggestion that we
had a postal ballot has never been followed up. BECTU have to
follow the law and the rules but they can’t the members if they put the resources
in. Frankly for the last 10 months wee have been unfairly denied any representation in respect of out affairs as we were not
even permitted to submit an agenda for an ordinary meeting for which we might have had a quorum. Like me past acting committee
members were deemed to be no longer formal delegates let alone acting. Is that the way to treat members of long standing who
have given time and support to the The status of
LPD has now got to be clarified most urgently in order to establish what the rules & byelaws now are? Not to mention what
status members have and what democratic representation a large percentage of it’s’ members have. My view is that
they must all be formally notified by LPD directly in the absence of any reps that can promote the rules & byelaws to
them. They may not be interested in rules and bylaws as one Official present intimated but they only receive benefits of the
Union subject to rule therefore they must be informed. Sincerely, Belinda Hale B.A
Hons M.A
Flat 6, 32 Pembridge Square, London, W2 4DT Tel: 0207 243 3413 31.7.01 Dear Roger, I am writing to you with regard to Animation Artists copyright entitlements. The manner of the distribution of monies
via DACS in the absence of a clear and accurate account of the rules for such distribution is cause for concern especially
as DACS and BECTU appear to have over looked the serious consequences of neglecting the fact that no primary rights have on
many occasions been properly assigned. What-ever the reasons for this it is basically an infringement of the artists rights
and no one other than the artist themselves has any right to assign these rights in order to redress the problem. Agreement has to be reached with the artists directly and individually; discussing secondary rights prior to addressing
the matter of the Primary Rights is totally irregular. I have always pointed this out to DACS this is why the animation discussions
were repeatedly held over and it was agreed that the members should be invited to join DACS as Primary Rights holders. I will
not accept that any BECTU Official or employee has any remit with regard to those individual Primary Rights and the request
for the Primary Rights Forms to go out via BECTU was in order that the members also obtain an incentive to sign up as the
fee is reduced for BECTU members. The fact that members have been waiting in legitimate expectation of receiving these forms
in order to submit legitimate applications to join DACS as Primary Rights holders and have not submitted applications to do
so due to not having yet had the forms distributed to them because of a decision by BECTU staff on the matter should not prejudice
their claims for secondary rights. My concern is that it will be maintained that as individuals were not willing to sign up for Primary Rights Membership
their applications for secondary rights payments are questionable. The issue of the Primary Rights infringements was raised
at the outset and this should have been systematically addressed immediately rather than via the deployment of methods that
query over and over again the actual rights and entitlements of the claimants who have had enough intimidation over their
rights for years without having to endure it from those they are paying to support and enable their claims. The onus
should be on those who have committed infringements to prove that they own the rights not the other way around. In addition
the only effective way to address the distribution fairly is on a payment basis of a fee per use of a work subject to rules
that are approved and agreed by the elected representatives for the Artists and that should be balloted on. What is more the
Primary Rights issues will first have to be resolved and any damages due negotiated and payments in lieu of such damages made
anything else will immediately be disputed by the Animation Artists. There is a workable formula, it's called fairness and
it really is about time that the issues in the animation sector were properly and formally addressed via the legitimate routes
in order that the prevalent abusive practices do not spread elsewhere which would be highly detrimental all around. I am copying this to yourself and Joanna Cave and notify both DACS and BECTU formally herewith that I reserve all
my rights until an acceptable position on these matters has been arrived at that does not compromise the interests
of the Animation Artists and I would request that a formal notice to the Animation Artists be sent out advising them to notify
DACS and BECTU formally that they too should reserve the rights to which they are affiliated to DACS via BECTU for payment
until they are satisfied that a workable arrangement has been achieved. With all respect due Belinda Hale M.A Cc Joanna
Cave DACS Cc Animation
Committee Cc Spencer
MacDonald
19.4.02 Dear Andy, Please note the correspondence
below and ensure that Ms Russons' paper as copied to me is circulated with the agenda of the
next copyright committee meeting. Thank-you for
your attention to this. Belinda Hale M.A ----- Original Message -----
From: visiblearts To: Rosie Barlas Sent: Subject: Re: 19.4.02 Dear Rosie, Thanks for you response and I
am sure that we will enjoy discussing your views at the next copyright committee in the light of
the clarification of BECTUs' policy in a letter
from Roger Bolton as recently circulated to the Animation members on which I have already commented
and which no doubt will also have been circulated to you. Do you support it? All the best Belinda Hale M.A ----- Original Message -----
From: Rosie Barlas To: visiblearts Sent: Subject: Re: Dear Belinda My email was a reply to your
email, answering the questions you posed to me. It was sent out of courtesy to you. Regards Rosie _________________ ----- Original Message -----
From: visiblearts To: rosie russon Sent: 18.4.02 Dear Rosie, Hope that you are well,
I have not read your email but would suggest that you forward it to Andy Egan or the NEC as my understanding
is that discussion should take place at committee. Any other general enquiries with regard to Animation should be forwarded via Spencer
Mac Donald the National Official who you know deals with the Animation
Sub Division. This is to ensure accountability
and transparency at all levels. I have been warned not to enter into correspondence with DACS directly over
the Animation Rights and would suggest
that if this causes you a problem that you take it up with the NEC, Roger Bolton or the National
Supervisory Official for LPD Martin Spence. As far as i
am aware I am not accountable under rule to you directly and have been informed by virtue of the
NEC minutes that I have no representive
function with regard to Animation at DACS. I am copying this to Roger Bolton,
Martin Spence and Spencer Mac Donald for their attention. yours sincerely Belinda Hale M.A
apologies, please see the underlined inclusion of words that had
been ommitted in my first email, altough I credit you with the intelligence
to have guessed them correctly from the context thanks for your attention to this Belinda ----- Original Message -----
From: visiblearts To: Andy Egan Cc: dave elvin ; Roger Bolton ; rosie russon ; Spencer MacDonald Sent: Subject: BECTU Collective Policy Copyright 16.1.02 Dear Andy, Just for clarification purposes,
you proposed that the BECTU Copyright Committee formulate the BECTU Collective Line on Copyright, I personally objected
as I regarded this as creating a potential issue over liability with regard to the line
formulated. I would like further clarification of how any actions taken by BECTU on behalf of it's members
would be handled if the members suffered damages as a consequence of the line as formulated by
the copyright committee. In addition issues over fees/rates
due to members of any Branch/Sub-Division when subject to any kind of collective agreement are usually balloted
on. I don't understand why the Animation members cannot be balloted
over the level of fees proposed in lieu of royalties due to them. I also don't understand why there is such an
issue over the demonstration in writing of the rules and principles for any distribution
to secondary rights members of the collecting societies. Collecting Societies who demonstrate their
rules and principles for distribution don't appear to suffer as a consequence. On the contrary
it increases confidence in them as making limited information available leads to the type
of unease you say that BECTU wants to avoid. This is simply due to the fact that it is likely
to be misconstrued in the absence of awareness of the greater context of the strategies being employed
for distribution. Otherwise it simply would appear that secondary rights members are being coerced
into accepting nominal fees in lieu of past infringements of their works. If the fees were beneficial
it would be another story but 2.5p per work? Advertising? The minimum fee payable was cited as £25? The information
available publicly does neither DACS or BECTU credit as it stands. 'Success' has to be
qualified and to know who the real benefit went to is a legitimate question. Likewise a formal means of appeal
with regard to claims ensures that in principle critique is accepted. Any bodies distributing public
monies ought to endeavour to operate in line with best practice. Feedback is usually more than welcome. Frankly the copyright
committee should not be addressing Sub Division or Branch matters. As the issue
has been raised and discussed at LPD Conference perhaps we need to
discuss how the LPD Committee should address the issues of areas of the Union Membership where despite all attempts no
agreements have been negotiated. This might be considered an issue
of serious urgency in the light of the meeting yesterday. Further the issue of past Pirating
of works is at the root of the dissent and BECTU have to ensure that they are effecting constructive strategies to address
the matter not attempting to sweep blatant infringements under the carpet. In the light of forthcoming legislation
and issues with regard to new technology piracy needs to be on the agenda for the copyright committee
and frankly discussed. as does the provenance in Artwork and the miss-attribution
of art-works to individuals not responsible for the practical origination of them. Issues of concealment
and fraud, I remind you of the proposition on credits remitted at Annual Conference to the NEC a few
years ago, the expense was cited as the issue? It would be embarrassing to BECTU
if it were made to look as if inaction on the matter was concealment. Obviously the matter of commissioning
creates great dissent as differentiation was made between commissioned works and non commissioned works. The creator of
the work has copyright regardless of whether the work was commissioned or not. If the work
is original an original copyrightable work has been created and the copyright in the work has to be assigned
in some form or other whether it be by virtue of employment status, contract or a genuine verbal agreement to the commissioning party
if they want to control it's use. In the absence of any agreement
or discussion with regard to the copyright in the work artists clearly and patently have the right to trade and retain ownership of the copyright
in their work. It is certainly not for the BECTU Copyright Committee to
adjudicate over whether individual creators have copyright or not in the absence of evidence with regard to individual cases and
they are certainly not appointed agents to the BECTU members. If the BECTU Collective line
is to be formulated it must be enshrined in writing and subject the approval of the NEC as they would have to account
for it? Equally it must reflect past Conference decisions on these matters and the Animation Members have made clear representation
to Annual Conference with regard to these matters regularly for many years and the Primary Rights have clearly been
raised on numerous occasions. It is tedious boring and tiring work but it has been the will of the Sub Division
and Conference that these matters be addressed. If it affected other members
terms & conditions of work and pay in the way that it does the animation members perhaps there would be more interest.I
don't have to remind you that the interests of the groups that I have most vociferously stood up for have almost been entirely left out of the
entire equation which probably suits those who benefited most. In the absence of rules and principles for the
distribution being made public of course my viewpoint cannot be backed up. Which again no doubt
suits those who have benefited and raised no objection. Those who you testify as having expressed their deep thanks to BECTU.
I haven't received a single vote of thanks and I wouldn't expect thanks for honesty. It doesn't appear to fit in with
the BECTU Collective Policy. How can we have a Collective
Policy without a plebiscite?
As you readily state that it is your decision that Application Forms for Primary Rights Membership should not be distributed
to the Animation members can you personally justify your decision to the NEC or the Animation Members who formally requested the distribution
of application forms in the first place? The animation members
proposition on Primary Rights that went to Annual Conference last year (2001) was remitted to the NEC at the request of the NEC. I will not be made
to look as if I have had any part in seeking to defraud them or mislead them as to their human rights as laid in law.
likewise I expressed the view at Conference that BECTU members should not be forced into a contract by virtue of their
membership of BECTU to commit criminal offences. This would cover fraud, concealment
and any other misdemeanour that might arise out of sheer lack of considered action on BECTUs' behalf. As a member
of the organisation to which it is affiliated to maintain accountability.
Frankly my main concern has been to see that BECTU and DACS maintain legitimate and accountable working practices.
If it cannot be demonstrated that this is the case then issues will arise. I would rather that this was addressed by
both organisations internally rather than by external forces. Unless BECTU are prepared to
take the necessary actions in order to effect a resolution of these matters, by court action if necessary I am concerned that BECTU will find itself
the subject of serious court actions against it. I have expressed this concern over the past years and my concern is only increasing. I agree that this is causing
me anxiety, I am a BECTU member and the attitudes expressed last night were deeply worrying especially as copyright is now a human right enshrined in law and
I would find myself at odds with any line that opposed, undermined or sought to deprive individuals of such basic rights.
Like any organisation if we cannot account for ourselves in a clear manner we may be held liable for the consequences and
if it is my view that BECTU are acting in an illegal manner I would have to take the necessary steps to address the issue
as any responsible member of an organisation required to account for itself in law must do. I hope that this better expresses
to you why I sent my previous email. It was written in haste but meant in good faith. I welcome further discussion of these matters and look forward to clarification
and a resolution of the problems that I have outlined to you above as promised. BECTU has a duty to address the issues of
what has been a very painful teething process, there were never any doubts that there would be issues. I do however certainly
expect BECTU to take action if and where is appropriate and would like clarification over how such a decision will be made? yours sincerely Belinda Hale M.A
16.1.02 Dear Andy, Just for clarification purposes,
you proposed that the BECTU Copyright Committee formulate the BECTU Collective Line on
Copyright, I personally objected as I regarded this as creating a potential issue over liability
with regard to the line formulated. I would like further clarification of how any actions taken by BECTU
on behalf of it's members would be handled if the members suffered damages as a consequence
of the line as formulated by the copyright committee. In addition issues over fees/rates
due to members of any Branch/Sub-Division when subject to any kind of collective agreement are
usually balloted on. I don't understand why the Animation members cannot be balloted
over the level of fees proposed in lieu of royalties due to them. I also don't understand
why there is such an issue over the demonstration in writing of the rules and principles
for any distribution to secondary rights members of the collecting societies. Collecting
Societies who demonstrate their rules and principles for distribution don't appear to
suffer as a consequence. On the contrary it increases confidence in them as making limited information
available leads to the type of unease you say that BECTU wants to avoid. This is simply due to
the fact that it is likely to be misconstrued in the absence of awareness of the greater context of the
strategies being employed for distribution. Otherwise it simply would appear that secondary rights
members are being coerced into accepting nominal fees in lieu of past infringements of their works.
If the fees were beneficial it would be another story but 2.5p per work? Advertising? The minimum fee
payable was cited as £25? The information available publicly does neither DACS or BECTU credit
as it stands. 'Success' has to be qualified and to know who the real benefit went to is a legitimate
question. Likewise a formal means of appeal
with regard to claims ensures that in principle critique is accepted. Any bodies distributing public
monies ought to endeavour to operate in line with best practice. Feedback is usually
more than welcome. Frankly the copyright committee should not be addressing Sub Division or
Branch matters. As the issue has been raised and discussed at LPD Conference perhaps we need to
discuss how the LPD Committee should address the issues of areas of the Union Membership
where despite all attempts no agreements have been negotiated. This might be considered an issue
of serious urgency in the light of the meeting yesterday. Further the issue of past Pirating
of works is at the root of the dissent and BECTU have to ensure that they are effecting
constructive strategies to address the matter not attempting to sweep blatant infringements under the
carpet. In the light of forthcoming legislation and issues with regard to new technology piracy needs to be
on the agenda for the copyright committee and frankly discussed. as does the provenance in Artwork
and the miss-attribution of art-works to individuals not responsible for the practical origination of
them. Issues of concealment and fraud, I remind you of the proposition on credits remitted at Annual
Conference to the NEC a few years ago, the expense was cited as the issue? It would be embarrassing to BECTU
if it were made to look as if inaction on the matter was concealment. Obviously the matter of commissioning
creates great dissent as differentiation was made between commissioned works and non
commissioned works. The creator of the work has copyright regardless of whether the work was commissioned
or not. If the work is original an original copyrightable work has been created and the has to be assigned
in some form or other whether it be by virtue of employment status, contract or a genuine verbal
agreement to the commissioning party if they want to control it's use. In the absence of any agreement
or discussion with regard to the copyright in the work artists clearly and patently have the right to trade
and retain ownership of the copyright in their work. It is certainly not for the BECTU Copyright Committee to
adjudicate over whether individual creators have copyright or not in the absence of evidence with regard
to individual cases and they are certainly not appointed agents to the BECTU members. If the BECTU Collective line
is to be formulated it must be enshrined in writing and subject the approval of the NEC as they would have to account
for it? Equally it must reflect past Conference decisions on these matters and the Animation Members have
made clear representation to Annual Conference with regard to these matters regularly for many years and
the Primary Rights have clearly been raised on numerous occasions. It is tedious boring and tiring work but it
has been the will of the Sub Division and Conference that these matters be addressed. If it affected other members
terms & conditions of work and pay in the way that it does the animation members perhaps there would be more interest.I
don't have to remind you that the interests of the groups that I have most vociferously stood up for have
almost been entirely left out of the entire equation which probably suits those who benefited most. In the absence
of rules and principles for the distribution being made public of course my viewpoint cannot be backed up. Which again
no doubt suits those who have benefited and raised no objection. Those who you testify as having expressed
their deep thanks to BECTU. I haven't received a single vote of thanks and I wouldn't expect thanks for honesty. It
doesn't appear to fit in with the BECTU Collective Policy. How can we have a Collective Policy without a plebiscite?
As you readily state that it is your decision that Application Forms for Primary Rights Membership should not be distributed
to the Animation members can you personally justify your decision to the NEC or the Animation Members who
formally requested the distribution of application forms in the first place? The animation members proposition
on Primary Rights that went to Annual Conference last year (2001) was remitted to the NEC at the request
of the NEC. I will not be made to look as if I have had any part in seeking to defraud them or mislead them as to their
human rights as laid in law. likewise I expressed the view at Conference that BECTU members should not be forced
into a contract by virtue of their membership of BECTU to commit criminal offences. This would cover fraud, concealment
and any other misdemeanour that might arise out of sheer lack of considered action on BECTUs' behalf. As a member
of the organisation to which it is affiliated
to maintain accountability. Frankly my main concern has been to see that BECTU and DACS maintain legitimate
and accountable working practices. If it cannot be demonstrated that this is the case then issues will arise. I would rather
that this was addressed by both organisations internally rather than by external forces. Unless BECTU are prepared to
take the necessary actions in order to effect a resolution of these matters, by court action if necessary I am concerned
that BECTU will find itself the subject of serious court actions against it. I have expressed this concern over the past years
and my concern is only increasing. I agree that this is causing
me anxiety, I am a BECTU member and the attitudes expressed last night were deeply worrying especially as copyright is now
a human right enshrined in law and I would find myself at odds with any line that opposed, undermined or sought to deprive
individuals of such basic rights. Like any organisation if we cannot account for ourselves in a clear manner we may be held
liable for the consequences and if it is my view that BECTU are acting in an illegal manner I would have to take the necessary
steps to address the issue as any responsible member of an organisation required to account for itself in law must do. I hope that this better expresses
to you why I sent my previous email. It was written in haste but meant in good faith. I welcome further discussion of these matters
and look forward to clarification and a resolution of the problems that I have outlined to you above as promised. BECTU has
a duty to address the issues of what has been a very painful teething process, there were never any doubts that there would be
issues. I do however certainly expect BECTU to take action if and where is appropriate and would like clarification over how
such a decision will be made? yours sincerely Belinda Hale M.A
Joanna Cave This message including any attachments is confidential. It may also be privileged or otherwise
protected by work product immunity or other legal rules. If you have received it by mistake, please let us know by reply and
then delete it from your system. You should not copy the message or disclose its contents to anyone.
-----Original Message----- From: Belinda Hale <Visible_Arts@Angel82.freeserve.co.uk> To: spencer macdonald <smacdonald@bectu.org.uk> Date: Friday, October 29, 1999 11:51 AM Subject: Animation Agenda =20 =20 Hi Spencer, =20 please find agenda for the next meeting attached =20 all the best Belinda =20 ps perhaps you could explain the meaning of secondary and
primary = rights to the other organisers, I will put it into writing for the next = LPD meeting, Martin emailed me asking me to write something for=20 Marilyns recruitment and strategy report, her sentence is
simply = illogical and appears to be uninformed. ____‰___L___9___X-From_: mspence@bectu.org.uk Thu Oct 21 10:36:52 1999 Envelope-to: Visible_Arts@Angel82.freeserve.co.uk Delivery-date: Thu, 21 Oct 1999 10:36:52 +0100 Received: from [195.172.113.114] (helo=bectu01.bectu.org.uk) by mail14.svr.pol.co.uk with smtp (Exim 2.12 #2) id 11eEeL-0001BT-00 for Visible_Arts@Angel82.freeserve.co.uk; Thu,
21 Oct 1999 10:36:45 +0100 Received: by BECTU01 with Internet Mail Service (5.5.1960.3) id <TCY2B0ZJ>; Thu, 21 Oct 1999 10:35:14
+0100 Message-ID: <6B85C211154ED21183A900A0C9E1D2AA051709@BECTU01> From: Martin Spence <mspence@bectu.org.uk> To: "'Visible_Arts@Angel82.freeserve.co.uk'" <Visible_Arts@Angel82.freeserve.co.uk> Subject: LPD/RPD Recruitment Strategy Date: Thu, 21 Oct 1999 10:35:04 +0100 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.1960.3) Content-Type: text/plain Belinda, At the LPDC meeting on 11th October you suggested an amendment to the paragraph in Marilyn's document regarding Animation and Copyright. Rather than rely on my notes, could you send me your suggested form of words? Martin. _____Š___@ __- __X-From_: newsletter@freeserve.net Fri Oct 22 17:19:36 1999 Envelope-to: all-freeserve-users Delivery-date: Fri, 22 Oct 1999 17:19:36 +0100 Received: from [194.152.76.137] (helo=gate-isdn.freeserve.theplanet.co.uk) by mail.freeserve.net with smtp (Exim 2.12 #2) id 11ehPk-0000Cx-00 for all-freeserve-users; Fri, 22 Oct 1999 17:19:36
+0100 Received: from newsletter by gate-isdn.freeserve.theplanet.co.uk with local (Exim 1.62 #1) id 11ehPM-00034Y-00; Fri, 22 Oct 1999 17:19:12
+0100 To: all-freeserve-users Message-Id: <E11ehPM-00034Y-00@gate-isdn.freeserve.theplanet.co.uk> From: Freeserve Newsletter Editor <newsletter@freeserve.net> Subject: Freeserve Newsletter Date: Fri, 22 Oct 1999 17:19:12 +0100 We like to credit our members with being pretty smart - which is why you might like to check out the latest great financial service from Freeserve at Received: from [195.172.113.114] (helo=bectu01.bectu.org.uk) by imailg3.svr.pol.co.uk with smtp (Exim 3.13 #0) id 12nMjl-0005LL-00 for Visible_Arts@Angel82.freeserve.co.uk; Thu,
04 May 2000 15:36:21 +0100 Received: by BECTU01 with Internet Mail Service (5.5.1960.3) id <J2B8ADGN>; Thu, 4 May 2000 15:36:18 +0100 Message-ID: <6B85C211154ED21183A900A0C9E1D2AA14B8FE@BECTU01> From: Martin Spence <mspence@bectu.org.uk> To: "'Visible_Arts@Angel82.freeserve.co.uk'" <Visible_Arts@Angel82.freeserve.co.uk> Cc: David Cormack <dcormack@bectu.org.uk>, Spencer MacDonald <smacdonald@bectu.org.uk> Subject: IB Divisional Conference Date: Thu, 4 May 2000 15:36:16 +0100 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.1960.3) Content-Type: text/plain Belinda, I've spoken to Nick Ardizzone and can confirm that you are indeed authorised to attend the IB Divisional Conference. Martin Spence (St. David's Primary School Elocution Prize, 1964) ____K___4___"___X-From_: mspence@bectu.org.uk Fri Aug 04 16:22:55 2000 Envelope-to: Visible_Arts@Angel82.freeserve.co.uk Delivery-date: Fri, 04 Aug 2000 16:22:55 +0100 Received: from [195.172.113.114] (helo=bectu01.bectu.org.uk) by imailg3.svr.pol.co.uk with esmtp (Exim 3.13
#0) id 13KjJG-0003pq-00 for Visible_Arts@Angel82.freeserve.co.uk; Fri,
04 Aug 2000 16:22:55 +0100 Received: by BECTU01 with Internet Mail Service (5.5.2650.21) id <Q12K2A65>; Fri, 4 Aug 2000 16:16:23 +0100 Message-ID: <6B85C211154ED21183A900A0C9E1D2AA14BAA5@BECTU01> From: Martin Spence <mspence@bectu.org.uk> To: 'Belinda Hale' <Visible_Arts@Angel82.freeserve.co.uk> Subject: RE: Date: Fri, 4 Aug 2000 16:16:22 +0100 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2650.21) Content-Type: text/plain Belinda, To take things in order:- 1) BECTU's lay reps on the DRC were elected a long time ago from the P/Ds and (I think) the NEC. 2) The DRC action quite deliberately focused on live action TV productions - not film, not commercials, not radio, not animation. 3) The focus of the Campaign is to get all live action TV Directors to register with and assign their rights to the DPRS. Any Director who registers & assigns will be kept in touch with developments. Those who don't are not part of the Campaign. 4) It follows from all the above that it's not up to me to decide which Directors are kept informed of DRC developments. It's up to individual Directors to decide whether the Campaign is relevant to them, and to sign up for it if they so decide. 5) If you want to copy Dick Horn in on Animation mailings you should speak to Spencer. 6) Re Skillset your best contact is Trish Lavelle. Her e-mail address is tlavelle@bectu.org.uk 7) Skillset is not a co-operative. It is a National Training Organisation, i.e. a body recognised and funded by the Government to co-ordinate training in our industries. 8) Re Skillsbase your best contact is Ilka Walkley, the Project Manager. I know her internal e-mail address but not her "external" address. She's based here at Wardour St. I suggest you phone her. 9) So far as I am concerned the Animation Claim could have gone in some weeks ago. The only thing that has been holding it up is the reference to the lawyers which you asked for. I believe we should submit it and I'm delighted that you now agree. Martin Spence. > -----Original Message----- > From: Belinda Hale [SMTP:Visible_Arts@Angel82.freeserve.co.uk] > Sent: 04 August 2000 10:01 > To: Tracy Hunt; spencer macdonald; steve roberts; martin spence > Subject: > > Dear Martin, > > I'm writing to request that Dick Horn be up-dated and kept informed about > the Directors Rights campaign. He is a director, still works and as a life > member does not need to pay subscriptions however he is past retirement > age so although being a member of the Animation Committee and recieving > the relevant committee papers is not recieving mail-outs re the DPRS or > invitations to be in the Animation Directory. Please can it be arranged > that he does recieve all mailings. > > Additionally, I am in the process of putting together a paper for the > Copyright Committee with regard to the proposition passed at last years > LPD Conference re Skillset. I have just been checking their website to see > if they have a mission statement or formal constitution. I would be > grateful if you have any such literature you could copy it to me. I > re-collect that at the time you stated that Skillset viewed itself as a > co-operative of some sort, this has never to my knowledge been stated on > the website. Likewise is there any literature about Skillsbase as a member > was requesting more information about it's current status and it's current > funding position? They have beeen told that the service is not available > currently. If this is the case can you tell me when it will be? > > It was also agreed that the claim animation claim should go to PACT now. > > thank-you for your attention to this > > Belinda Hale M.A > > Chair Animation > > > Many of the below emails were retrieved from a corrupted harddrive after many of us had been hit by an email virus..notably
my hotmail account picked up on one that was sent to me from AIC ------ =_NextPart_000_01BF90E1.ADD8F442-- __ö____i__øh__X-From_: rosie@barlas.net Mon Mar 20 Envelope-to: visible_arts@angel82.freeserve.co.uk Delivery-date: Received: from [149.174.206.154] (helo=spdmraac.compuserve.com) by imailg2.svr.pol.co.uk with esmtp (Exim 3.13
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Mon, 20 Mar 2000 Message-Id: <4.1.20000320101034.00936e10@mailgate.ftech.net> X-Sender: rosie@mailgate.ftech.net X-Mailer: QUALCOMM Windows Eudora Pro Version 4.1 Date: To: "Belinda Hale" <Visible_Arts@angel82.freeserve.co.uk> From: Rosie Russon <rosie@barlas.net> Subject: Re: DACS In-Reply-To: <001601bf901b$af4c6780$2656893e@default> Mime-Version: 1.0 Content-Type: multipart/alternative; boundary="=====================_432113021==_.ALT" --=====================_432113021==_.ALT Content-Type: text/plain; charset="us-ascii" Dear Belinda I tried to send this response to you several times, but it kept coming back to me - I now understand from your recent e-mail (17th March) that you have changed your e-mail address.....so I hope it now reaches you. I have recently been nominated to the Council of Management for DACS but until Friday when I met with Rachel Duffield, I was not officially in a position to say more. You need not worry too much for the moving along, and certain things have developed. Jim Carroll and I agreed
that it would be beneficial for me to be affirmed to the Council, and meet with Rachel before a meeting with the Art Dept was set up. My approach is to
plan considered moves, as I have experienced through Chris' involvement that this is the best way of speeding things up in the copyright world. I now have to
get the designers to act on what I have achieved, as they are not good at even attending meetings, so communication with them is restricted. Speak to you soon (provided this reaches you) Rosie From: Rosie Russon <rosie@barlas.net> >Subject: Fwd: Re: Copyright Forum!!!!! BECTU > >>Date: >>To: "belinda hale" <visible_arts@hotmail.com> >>From: Rosie Russon <rosie@barlas.net> >>Subject: Re: Copyright Forum!!!!! BECTU >> >>Dear Belinda >> >>Can you tell me which the cross over grades are? Maybe Jim Carroll
can be >>of some help there, as, apart from graphic designers, I'm not sure who else >>would qualify. I have made substantial inroads re. copyright for
designers >>in the art department including graphic designers, but cannot go into detail >>at present as I'm awaiting certain confirmation. >>With regards to the meeting with Rachel Duffield, at the moment, I'm not >>sure that it would be in the interests of the art department or indeed >>animation if we attended your forum. I think too much diversity
of grades >>would confuse the issues and at the moment, designers in general do not >>understand the concept. I have to come up with a way of educating
them, but >>I don't think your forum is the answer. Maybe they need one of
their own, >>but getting them to attend would be the problem. >> >>With regards numbers, I think this is an issue for the art dept. chair Andy >>Mackay - what are the number requirements? I'm not sure how many
art dept >>members there are.....certainly a great many more than ever come to >>meetings. I think if it is thought to be an issue, which it may
not be as >>there are a lot of different grades in the dept. and I think substantial >>membership, it will be addressed. I will however bring it
up at the next >>meeting but I have to say, that as most people are self employed, one would >>hope they know whether or not their DD's are being paid otherwise they will >>have far bigger problems with the tax man than with BECTU. >> >>Cheers. See you soon >> >>Rosie >> >>At >>>Dear Rosie, >>> >>>The Animation Sub-Division are holding a Forum on copyright with Rachel >>>Duffield, Andy Egan and Geoffrey Adams on the 28th of March. >>>This is to clarify some of our issues, I understand that the >>>has some cross-over grades with Animation therefore it would be in the >>>interest for such members to attend. We are hoping that this will launch the >>>pay-outs to our members. Initiatially I had understood that the Art >>>Department would be invited too. If I were you I would get this on the Art >>>Dept. Agenda asap and also recommend that you draw their attention to the >>>challenge required over membership figures in the Branch, needs to be done >>>by the 24th of Feb I think. It effects the number of candidate entitled to >>>go to Conference from your Branch and also their eligibility for runnung for >>>the NEC. There have been serious problems with the membership database ie >>>paid-up members are showing as lapsed and even deduction at source members >>>are showing as lapsed! The excuse being that the software won't talk to the >>>printer....seems to effect a lot of old actt members...Yuk! As in me wonders >>>who's playing around with the system. It might also affect payouts from DACS >>>if individuals are not deemed to be paid up. One of our members had a live >>>direct debit which >>>was authorised and it wasn't being called on by BECTU. So no-one seems >>>immune from potential knock on effects such as falling out of entitlement to >>>public liability insurance. >>> >>>all the best and hope to see you soon >>> >>>Belinda hale M.A >>> >>> >>> ------=_NextPart_000_001F_01BF9301.177D4800 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear Belinda. what time is the tuesday meeting. Allthe best. Steve -----Original Message----- From: Belinda Hale <Visible_Arts@Angel82.freeserve.co.uk> To: Stephen Roberts <steve@beulah43.freeserve.co.uk> Date: 18 March 2000 11:18 Subject: Re: Animation paid-up figures =20 =20 Dear Steve, =20 I am so sorry, believe me I have 'we won't talk about it'
pact with = certain people as every time we get on to "Bectu' the blood pressure = level gets so high we grasping for the beta blockers, believe me there = is great dissatisfaction all around. There is a meeting on Tuesday the = 28th of March with DACS at Wardour Street this is very important as we = need to decide what we want to go for in terms of fees, it will be touched on as ultimately DACS council will decide
but if = we thought collectively that our postion was not being fairly = remunerated in terms of numbers of works allowed per programm for fees=20 this is when it needs to be said. Notices have gone out and
I would = say anyone who wants to join can come to the meeting and I will = personnally ensure that their application forms are processed that week. = There has been a total change in the processing of applications and it = does seem to be getting better but I anticipate staff changes despite this because their
has been = such a monumental failure in records. I am now told that we have 50 paid-up members (31st December
date) = as opposed to my estimated 70 and current figures say 80-90. Given the = DACS distribution this will need to be kept strictly under control as = lapsed membership would mean lost residuals with regard to some rights. = Frankly I think bringing in the fraud squad might get BECTU to act = faster and save BECTU money in terms of trying to find out what's gone = wrong. You can't blame a computer for data that hasn't been entered = which I think is happening and I am worried that we cannot establish how = many people are paying and if BECTU have no record of recieving payments = the money may be being syphoned off to another account. As members we = have the right to scrutinise BECTU accounts at any time and frankly if = you have been making payments I would have your bank trace where they = are going and verify it, if they're going to BECTU and BECTU don't = acknowledge it there could be fraud somewhere along the line. Please do = this as it is in everyones interest and bill BECTU for any costs. It = used to cost about 5 pounds to have a cheque traced it must similiar for = a direct debit. I had a problem with my studio landlords denying that = they had recieved payments and not cashing cheques etc. It's an old scam = that landlords use to get rid of tenants. =20 The next Animation Committee meeting is the Thursday the 20th
of = April. I hope that you can make it!=20 Please come to the Tuesday 28th meeting which will as I said
= previously be very important. There is enormous misunderstanding about = rights buy-outs and I think that getting information directly at this = meeting will be very helpful to people. There are rights that we have = which simply can't be bought out and this isn't just equitable = remuneration. Many universal buy-outs are designed to intimidate rather = than stand-up in court and it is about time that contractual bullying = was made illegal and fined accordingly but hey that's something for the = future! =20 all the best Belinda =20 -----Original Message----- From: Stephen Roberts <steve@beulah43.freeserve.co.uk> To: Belinda Hale <Visible_Arts@Angel82.freeserve.co.uk> Date: Saturday, March 18, 2000 9:12
AM Subject: Re: Animation paid-up figures =20 =20 Belinda. I've sent all the stuff to Spencer
and a new subs form because I = don't think the union will ever be able to sort out the fact that I'm = paying them and they don't relise it. I sent them a whole load of bank = statements about six months ago and nothing was done about it. I've been getting complaints recently
from ex students of mine = that have joined the union and have never recieved a reply from the = union. I'm sick to death of making up excuses for administrational = incompetence at the union. All the best. Steve. ps when is the next meeting, please
don't make it a wednesday. i = can't do wednesdays, any other day. -----Original
Message----- From: Belinda
Hale <Visible_Arts@Angel82.freeserve.co.uk> To: steve
roberts <steve@beulah43.freeserve.co.uk> Date: 15 March
2000 17:16 Subject: Animation
paid-up figures =20 =20 Dear Steve, =20 I've had a
letter in response to my challenge to the figures = for paid-up members. In order to confirm the figure he has asked me to = provide evidence to support your payments. i would be grateful if you = could supply this, I don't have to see it but I would need you to = confirm to me that this has been done if you haven't done so already. =20 Currently
the official total for the LPD membership is 4 = short of 6000. We need to find 4 paid-up members who have not been = listed as such in order to get an additional LPD member onto the NEC.=20 Obviously
without evidence to prove it we cannot list you as = such. Please let me know of your intentions! I am also quite prepared to = take issue with BECTU on behalf of the members who have been left off = the list but I am still going over the figures. If you have heard of = anyone in a similiar situation to yourself please could you let me know = and either get them to contact me or perhaps give me a number for them = if they want me to contact them. =20 all the best =20 Belinda ------=_NextPart_000_001F_01BF9301.177D4800 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable <!DOCTYPE HTML PUBLIC "-//W3C//DTD W3 HTML//EN"> <HTML> <HEAD> <META content=3Dtext/html;charset=3Diso-8859-1 = http-equiv=3DContent-Type><!DOCTYPE HTML PUBLIC "-//W3C//DTD W3 = HTML//EN"><!DOCTYPE HTML PUBLIC "-//W3C//DTD W3 HTML//EN"><!DOCTYPE HTML = PUBLIC "-//W3C//DTD W3 HTML//EN"> <META content=3D'"MSHTML 4.72.3110.7"' name=3DGENERATOR> </HEAD> <BODY bgColor=3D#ffffff> <DIV><FONT color=3D#000000 size=3D2>Dear Belinda.</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2>what time is the tuesday = meeting.</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT><FONT size=3D2>Allthe = best.</FONT></DIV> <DIV><FONT size=3D2>Steve</FONT></DIV> <BLOCKQUOTE=20 style=3D"BORDER-LEFT: #000000 solid 2px; MARGIN-LEFT: 5px; PADDING-LEFT: = 5px"> <DIV><FONT face=3DArial size=3D2><B>-----Original
= Message-----</B><BR><B>From:=20 </B>Belinda Hale <<A=20 = href=3D"mailto:Visible_Arts@Angel82.freeserve.co.uk">Visible_Arts@Angel82= .freeserve.co.uk</A>><BR><B>To:=20 </B>Stephen Roberts <<A=20 -----Original Message----- From: Belinda Hale <Visible_Arts@Angel82.freeserve.co.uk> To: spencer macdonald <smacdonald@bectu.org.uk> Cc: steve roberts <steve@beulah43.freeserve.co.uk>;
martin spence = <mspence@bectu.org.uk>; nick ardizzone <nickardizz@aol.com> Date: 15 October 1999 12:38 Subject: Animation Committee =20 =20 15.10.99 =20 Dear Spencer, =20 Please could you let me know by when you will have finalised
the = draft agreement for the PACT & AFVPA Claim, I would also like to know = when it is intended to put this claim to the respective Organisations. = As proposed last night by Dick Horn I think that a General Meeting of = the Branch needs to be held in order to get support for Animation Issue = from a wider range of members. I am copying this to Steve Roberts, Nick
= Ardizzoni and Martin Spence. =20 I would propose a date for the end of October/ start of Novemeber.
I = think that an appropriate subject for the meeting would be the = agreements and that this would generate a response. I am also copying = the letter to Roger Boltoin re the issue of specific funding for = animation to the above people and would draw your attention to the = report that I brought to the meeting last night on the DACS Distribution = Policy Working Party. =20 Further on DACS, the copyright committee is to co-ordinate
a meeting = of Animation members with the Consultant Geoffrey Adams and the Chair of = thbe Committee Andy Egan to discuss further input to DACS on Animation = matters, please see the report. I am to talk to the Art Dept. members = and would request that the report be made available to all relevant = committees including the Visual Artists Branch. =20 The propositions from Conference on Skillset and Contracts
have gone = to the Training committee and Copyright committee respectively. A = concern voiced is that where copyright is covered in a model contract = this might preclude people from getting work, I would take the view that = not to address copyright in the contract would leave producers in breach = of the broadcast act. Technically this is what I am told is the = position. It would be helpful to have feed-back from Jim Carroll on this = as he has been addressing precisely the same problem in Radio, I thought = that this had been quite successful? He was to report to the Copyright = Committee but has not yet done so. As is always the case with model = contracts they are only model and individuals can adapt them to their = own needs. What I view as important is that contracts define pay and = conditions and are a starting point for negotiations. In any serious job = a contract is required and as professionals we have no option but to = address the issue. =20 The other proposel that we survey the membership as to what
their = current requirments and needs may=20 be is very in line with suggestions made to the FG&P by
the London = Production Division in response to the Structure Working Party Report. = So no doubt it is likely to take place one way or another. I hope that = the next meeting will achieve a coram and will certainly send out a = letter to the committee members urging their attendance. The issue of = the AGM needs to be discussed by a coram committee meeting but I do = think that this will happen and really it is a question of whether we = call a General Meeting first or call a committee meeting, personally if = we call a General Meeting it is likely that a fair number of committee = members will attend and we can have what-ever discusiions are necessary. = I would certainly point out that individuals have been pulling their = weight by attending such extra meetings as the one with Mavis Sargent = and Freda Chapman. =20 I would suggest circulating the DACs Report and Mavis paper
to the = members, on the other hand not circulating them might provide an = incentive to attend the meetings..! What she suggested though was that = we may be able to make a plea for particular tax breaks for individuals = in Animation if we can sufficiently argue that out of proffessional = necessity they are having to invest in certain types of equipment. This = was in response to John Challis request for 100% Capital Allowance = write-offs. =20 I don't know how many people know about the Christmas Party
= situation but this might have upset people.....food for thought, I think = that it is viewed as a good net-working opportunity. =20 all the best=20 =20 Belinda Hale M.A =20 Chair Animation =20 =20 =20 martin spence <<A=20 href=3D"mailto:mspence@bectu.org.uk">mspence@bectu.org.uk</A>>;
= nick=20 ardizzone <<A=20 = href=3D"mailto:nickardizz@aol.com">nickardizz@aol.com</A>><BR><B>Date:= =20 </B>15 October 1999 12:38<BR><B>Subject:
</B>Animation=20 Committee<BR><BR></DIV></FONT> <DIV><FONT color=3D#000000 size=3D2>15.10.99</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT> </DIV> <DIV><FONT color=3D#000000 size=3D2>Dear Spencer,</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT> </DIV> <DIV><FONT color=3D#000000 size=3D2>Please could
you let me know by = when you=20 will have finalised the draft agreement for the PACT &
AFVPA = Claim, I=20 would also like to know when it is intended to put this claim
to the = respective Organisations. As proposed last night by Dick Horn
I = think that a=20 General Meeting of the Branch needs to be held in order to
get = support for=20 Animation Issue from a wider range of members. I am copying
this to = Steve=20 Roberts, Nick Ardizzoni and Martin Spence.</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT> </DIV> <DIV><FONT color=3D#000000 size=3D2>I would propose
a date for the = end of=20 October/ start of Novemeber. I think that an appropriate subject
for = the=20 meeting would be the agreements and that this would generate
a = response. I=20 am also copying the letter to Roger Boltoin re the issue of
specific = funding=20 for animation to the above people and would draw your attention
to = the=20 report that I brought to the meeting last night on the DACS
= Distribution=20 Policy Working Party.</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT> </DIV> <DIV><FONT color=3D#000000 size=3D2>Further on
DACS, the copyright = committee is=20 to co-ordinate a meeting of Animation members with the Consultant
= Geoffrey=20 Adams and the Chair of thbe Committee Andy Egan to discuss
further = input to=20 DACS on Animation matters, please see the report. I am to
talk to = the Art=20 Dept. members and would request that the report be made available
to = all=20 relevant committees including the Visual Artists = Branch.</FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT> </DIV> <DIV><FONT size=3D2>The propositions from Conference
on Skillset and = Contracts=20 have gone to the Training committee and Copyright committee
= respectively. A=20 concern voiced is that where copyright is covered in a model
= contract this=20 might preclude people from getting work, I would take the
view that = not to=20 address copyright in the contract would leave producers in
breach of = the=20 broadcast act. Technically this is what I am told is the position.
= It would=20 be helpful to have feed-back from Jim Carroll on this as he
has been = addressing precisely the same problem in Radio, I thought
that this = had been=20 quite successful? He was to report to the Copyright Committee
but = has not=20 yet done so. As is always the case with model contracts they
are = only model=20 and individuals can adapt them to their own needs. What I
view as = important=20 is that contracts define pay and conditions and are a starting
point = for=20 negotiations. In any serious job a contract is required and
as = professionals=20 we have no option but to address the issue.</FONT></DIV> <DIV><FONT size=3D2></FONT> </DIV> <DIV><FONT color=3D#000000 size=3D2>The other
proposel that we = survey the=20 membership as to what their current requirments and needs
may = </FONT></DIV> <DIV><FONT color=3D#000000 size=3D2></FONT><FONT
size=3D2>be is very = in line with=20 suggestions made to the FG&P by the London Production
Division = in=20 response to the Structure Working Party Report. So no doubt
it is = likely to=20 take place one way or another. I hope that the next meeting
will = achieve a=20 coram and will certainly send out a letter to the committee
members = urging=20 their attendance. The issue of the AGM needs to be discussed
by a = coram=20 committee meeting but I do think that this will happen and
really it = is a=20 question of whether we call a General Meeting first or call
a = committee=20 meeting, personally if we call a General Meeting it is likely
that a = fair=20 number of committee members will attend and we can have what-ever=20 discusiions are necessary. I would certainly point out that
= individuals have=20 been pulling their weight by attending such extra meetings
as the = one with=20 Mavis Sargent and Freda Chapman.</FONT></DIV> <DIV><FONT size=3D2></FONT> </DIV> <DIV><FONT size=3D2>I would suggest circulating
the DACs Report and = Mavis=20 paper to the members, on the other hand not circulating them
might = provide=20 an incentive to attend the meetings..! What she suggested
though was = that we=20 may be able to make a plea for particular tax breaks for individuals
= in=20 Animation if we can sufficiently argue that out of proffessional
= necessity=20 they are having to invest in certain types of equipment. This
was in = response to John Challis request for 100% Capital Allowance=20 write-offs.</FONT></DIV> <DIV><FONT size=3D2></FONT> </DIV> <DIV><FONT size=3D2>I don't know how many people
know about the = Christmas=20 Party situation but this might have upset people.....food
for = thought, I=20 think that it is viewed as a good net-working = opportunity.</FONT></DIV> ------=_NextPart_000_000E_01C014BC.B55927A0-- _ ¤< ’< From: "Belinda Hale" <Visible_Arts@Angel82.freeserve.co.uk> To: "andy egan" <aegan@bectu.org.uk> Subject: DACS MEET 4.9.00 Date: Tue, 5 Sep 2000 11:40:18 +0100 MIME-Version: 1.0 Content-Type: multipart/alternative;
boundary="----=_NextPart_000_0004_01C0172E.10E12960" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 4.72.3110.5 X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3 This is a multi-part message in MIME format. ------=_NextPart_000_0004_01C0172E.10E12960 Content-Type: text/plain;
charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear Andy, Quick up-date on the Distribution Policy Working Group which met = yesterday afternoon. You're probably aware of some things that I may say = but take this as my official report! Jo Cave the new Chief Executive will be responsible from now on with = David Remmington for the DACS '99/2000 distribution although as it = becomes a more routine activity more responsibility will reside with = David. A final report on Distribution '99 is in preparation, some issues are = still to be resolved. It is intended to revisit the maximum & minimum = fees. Currently they stand at 10-2000 pounds. The fee per work is at 18 = pounds if monies are due from all the pots. It is illustrators in the main that are due fees from all pots. A = maximum of 25 works per programm can be paid out on. In some cases the = maximum fee can be reached on a payout for 1 programm due to the repeat = fees. These were descussed again but the group still thinks that for the = sake of simplicity repeat fees should remain at 50% of the first fee. Disincentives to claiming were discussed as there is concern that the = administrative work involved is to costly to make it worth it. This was = raised from the point of view of the artists themselves and that of the = BAPLA members who are agents for photographers. (They are observing at = the meetings as there members are concerned that they do not have the = information in order to make claims, pass on to the artists that they = represent and that the administraion involved in getting the information = is something that they have ventured should be paid for out of the fees = due to the artists.) DACS policy is to pay the artist. The view of the = group was that this was an issue for the artists to take up with their = agents and that how the administrative work involved was paid for was = not soemthings that DACS could decide. It was suggested that an = appropriate Union be approached in order to help resolve this issue. = Gwen Thomas of the Assosciation of Photographers was clearly willing to = assist. However it was stressed that BAPLA could make representation to = them over the issue and that DACS would like to see the claims. Where = collectives are involved discussion could take place over who the payee = would be. Concern was also expresed and a question raised as to whether = agents had the right to withhold information pertaining to a potential = claim from an artist, was there a legal requirment for the artist to be = informed of all use's of their work arranged by the agent? Where the = rights cearly reside with the Agencies payments would be due to them. = However not many of them had yet been able to demonstrate this...... With regard to the Animation claims it has been acknowledged and agreed = that a different formula will need to be put in place. Representatives from BECTU and DACS will be discussing this in the next = few weeks. There are still claims from Animation Artists. There is a = good system operating in Germany and this is being looked at as a = potential model. A question of whether an upper cap on claims was nescessary was raised = and how and on what basis the Broadcastors made payments to the = collecting societies was also asked. The system is said to be complex = and that it isn't the Broadcastors who decide. Parity of fees with other = collecting societies was also raised but it was stated that there is no = fixed principle. It was also pointed out that as the claim periods apply = to 5 years respectively and that future claims will apply on an annual = basis there was potential discrepancy in the capping if it were to = remain at 2000 pounds. The issue of whether the minimum payout = guaranteed was too low to act as the desired incentive to make = individuals claim was also discussed and it is to be reviewed. The issue of the Statute of limitations and the cut off date for payouts = was again discussed. It was volunteered that the rumour is that it is 6 = years from when the information is possessed ( Geoffrey HELP what when = or where? ask KEN BCC). The next phase of distribution will probably roll into one claim form = for '99/2000 and dates will identify the periods for which claims apply. = Forms are expected to go out in December. Bespoke software is being = prepared and the whole distribution should run far more smoothely. Some = issues being dealt with are the VAT implications as payments can be = comibg from anywhere in the world and going out to anywhere in the world. DACS are endeavouring to ensure = that they are acting correctly and have been warned
that dealings with = customs & excise can take a while. The issue of the review of the = taxation of intellectual property was pointed out by Gwen and ot was = advised that BECTU can help as their copyright committee has made = representation on it via Andy Egan thanks to Geoffrey Adams who drew their attention to it. DACS has 'Agent = ' status and provides a service. Publicity was discussed again. As well as the issue of monies that may = not be distributed, I assume that these will continue to be discussed as = we move into the next phase. The main difficulty is trying to explain = their rights to artists and counter-acting the misinformation that is = being put about by people who have a vested interest in deterring = individuals from making claims. Notably there does seem to be exhaustion = on this point. My view is that only education will disperse the = ignorance. With potential claimants well over school or college age how = can this educating take place? Attention was drawn by myself to the = large number of predominantly female animation artsists that I am fairly = certain would have claims but may well be in the child-bearing phase of = thier lives. '99/2000 claims would apply clearly to this group. = Statistically I think that this could be proven and I would like to see = some specific publicity targeted at this group. I have raised it with = BECTUs GEC in the past when the initiatives on residuals=20 started. The next meeting of this group will take place on the 10th October.=20 Belinda Hale M.A Chair Animation ------=_NextPart_000_0004_01C0172E.10E12960 To: "'visiblearts'" <visiblearts@visiblearts.homechoice.co.uk> Subject: RE: Animation Urgent Date: 17 July 2001 16:55 Belinda. Thanks for the info about a meeting with Cyberia. A good time for me would be any day next week except Tuesday. With regard to the next animation mtg, I have another evening meeting scheduled for the 26th so this date is no good for me. Also Martin has resigned from the cttee so our numbers now are very low. Let me Know your thoughts. Spencer If you are not the intended recipient of this email, please regard yourself as being under a duty of confidentiality not to disclose its content. please use Reply to alert the sender, then Delete the message. We would do the same for you. > ---------- > From: visiblearts[SMTP:visiblearts@visiblearts.homechoice.co.uk] > Sent: 16 July 2001 12:10 > To: Spencer MacDonald > Cc: martin wansborough > Subject: Animation Urgent > > 16.7.01 > > Dear Spencer, > > hope you got my message with regard to Que from Cyberia, the training > organisation who are interested > in staging some sort of an event with BECTU for the Animation members with > regard to utilising new technology and internet facilities in their work, > from exchanging files, co-coordinating productions via online > sites to designing and creating with web compatible programmes with a view > to digital delivery and distribution. We are proposing a meeting with > myself, you, Que and Cyberias training manager and are looking for a date. > Cyberia are based in Central London, I suggest that you check their > website to > get an idea of their status which I think is just about right for our > members. I have mentioned that it was agreed at the recent LPD meeting too > stage some sort of event re new tech and it may be possible to > combine our event with the LPD event. It would however be very helpful to > have a meeting, at Wardour Street? I think that this would be convenient > for them. Off the top of my head I think that they are based in Warren > Street I have to look it up, as I told you they started the first internet > cafe and have a number > of cafes and do training as well. Their site is well presented, giving > clear information about the courses > that they offer and details of what entry level is required to do the > course. They also provide tailored > training and work with free-lancers in the business too. I have compared > what they offer to the type of courses listed on the BFI website and > consider that Cyberia have a name and reputation that is less > geared to towards academic accreditation and more in line with the fast > moving pace of the free-lance sector and it's needs, pricing is the only > issue that I see as they do list prices on the site. It would be a great > idea to see if we cannot come to some sort of an on-going arrangement with > them and pilot it with > an event. Please get bakc to me with a time that we could get together I > have let Que know that I will be > communicating with you about this today. > > I am in the process of getting the next agenda together and writing up the > propositions for LPD Conference that I need to email to Martin Wansborough > for his approval, It would be a good idea to send copies of the most > recent 2 Animation Committee Meetings to the Committee members as I think > that individuals simply thought that the committee weren't meeting due to > the fact that they were not mailed out but were distributed at the > meetings. I would like to propose a meeting on the 26th for the committee > and would appreciate it if you could phone some of the members and let me > know if this is convenient. I have also received a long report form DACS > and this will need to be addressed. > > I am aware that some artists have been approached by DACS to accept > estimated pay-outs and think that BECTU need to keep an eye on this. > Individuals were given the option of providing DACS with account details > for direct payment. Given that I am not prepared to accept an estimation > of fees payable I have closed the account for which I gave DACS details > and I would advise other members to do the same until we are clear that > there is no chance of payments being and members not being aware of it > until it is too late for them to take action. Members who have been > written to have been informed that if no reply is forth-coming they will > be deemed to have accepted such estimations. I am extremely worried that > given many members do not even supply BECTU with addresses that are their > main residence they would receive the correspondence too late for them to > reject such an offer. I thank that the members should be balloted and I > also think that the primary rights have to be asserted or clarified before > secondary rights payments can be made to any individuals as we could be > accused of seeking to cover up the quite clear and widespread primary > rights infringements that have occurred. I am worried as I told DACS in > the discussions that we had on publicising the distributions that the > members do not always give their actual addresses as they move around so > much and that they often give their parents addresses. You are fully aware > that the issue of the primary rights has been consistently raised > throughout our discussions. This fundamental issue was what led to all the > propositions that the Animation committee have put to Annual and LPD > Conference on the matter of creators rights. > > Thanks for your attention to these matters! > > all the best Belinda > > >
From: "belinda hale" <visible_arts@hotmail.com> To: <aegan@bectu.org.uk>; <Visible_Arts@angel82.freeserve.co.uk>; <david@dacs.co.uk> Cc: <joanna@dacs.co.uk>; <mspence@bectu.org.uk>; <martin.wansborough@virginnet.co.uk>;
<mary@hilyard.udo.co.uk>; <nickardizz@aol.com>; <rbolton@bectu.org.uk>; <rosie@barlas.net>; <smacdonald@bectu.org.uk>;
<steve@beulah43.freeserve.co.uk>; <tony.lennon@mcr1.poptel.org.uk> Subject: RE: Copyright Date: 25 July 2001 09:47 25.07.01 Dear Andy, I will be expecting a hard copy of your email signed by yourself in confirmation of the official representation of the Animation Artists at DACS with regard to their rights, I herewith formally notify BECTU that I reserve all my rights until my Primary Rights have been dealt with. I will advise the Animation members of their right to reserve their rights until they are satisifed with the arrangements for their representation, obviously this is up to them entirely on an individual basis but they should as I have on number of occaisions made clear be fully informed of the arrangements between DACS and BECTU with regard to their various interests. I appreciate that the Primary Rights Forms are soemwaht complex I have already completed mine but I want to satisfied that the Animation Members are being kept clearly informed of their responsibilities andoptions with reagrd to their interests which could be severly undermined if they accept secondary rights payments in advance of dealing with their Priamry Rights which given the insistence of the nimation Committee on the matters indicates to me as the Chair of the Commitee that they too are also well aware of the implications of accepting secondary rights payments in the absence of dealing first with the matter of the infringements. That the matter should be dealt with by individuals not in direct consultation with the Animation Committee and the Animation Sub-Division on these matters appears to me to be higly irregular and if necessary I will take it outside of BECTU. You appreciate that I have to guard my position on this. yours sincerely Belinda Hale M.A Chair of Animation Thank-you for your urgent attention to this >From: Andy Egan <aegan@bectu.org.uk> >To: 'belinda hale' <visible_arts@hotmail.com> >Subject: RE: Copyright >Date: Mon, 23 Jul 2001 11:02:14 +0100 > >Belinda > >The hard copy of the email will be in the post today. > >Tracey >(Andy is now on leave for two weeks so I am dealing with his >correspondence) > > > -----Original Message----- > > From: belinda hale [SMTP:visible_arts@hotmail.com] > > Sent: 23 July 2001 11:03 > > To: aegan@bectu.org.uk > > Cc: Visible_Arts@angel82.freeserve.co.uk > > Subject: Re: Copyright > > > > 23.7.01 > > > > Dear Andy, > > > > Please confirm to me asap in hard copy that you are the email below was > > sent > > by yourself, > > > > yours sincerely > > > > Belinda Hale M.A > > > > Chair Animation > > > > > > >From: Tracey Hunt <thunt@bectu.org.uk> > > >To: "Belinda Hale (E-mail)" <visible_arts@hotmail.com> > > >Subject: Copyright > > >Date: Fri, 20 Jul 2001 16:32:15 +0100 > > > > > >Dear Belinda > > > > > >1. Thank you for your
various communications. > > > > > >2. As agreed at the
Copyright Committee, we will review Payback 2001 at > > >the end of the process and not in mid-distribution.
You will be >invited > > to > > >participate in the review. > > > > > >3. Again, as agreed
at the Copyright Committee, Rosie Russon represents > > >BECTU as a whole and not just any individual section on DACS Council. > > We > > >do not have nor have we sought multiple and separate sectional > > >representation (eg for animation, art department, visual artists). If > > >there are potentially conflicting interests between the various > > categories > > >of BECTU members, these should be discussed at the Copyright Committee. > > >Rosie would then be expected to represent BECTU's collective view at >DACS > > >Council. > > > > > >4. The primary rights
forms are now at BECTU. Having discussed the > > >matter with our copyright consultant, I am clear that we need to give > > >consideration to drafting advice and information to accompany the >forms. > > >Sending them "blind" to members will simply cause confusion. I will > > >therefore put this as an item for discussion at our Copyright Committee > > >meeting in September. The forms will
not be sent out until we have had > > >that > > >discussion. > > > > > >Yours sincerely > > > > > > > > > > > >Andy Egan > > >Research Officer > > > > > > > > >cc Roger Bolton, Spencer
MacDonald, Geoffrey Adams, Rosie Russon > > > > > > > > > > > > > > > > > > > > >If you are not the intended recipient of this e-mail, please regard > > >yourself > > >as being under a duty of confidentiality not to disclose its contents. > > >Please use Reply to alert the sender, then Delete the message. We >would > > do > > >the same for you. > > > > > > > > > _________________________________________________________________ > > Get your FREE download of MSN Explorer at >http://explorer.msn.com/intl.asp _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp
From: "Spencer MacDonald" <smacdonald@bectu.org.uk> To: "'visiblearts'" <visiblearts@visiblearts.homechoice.co.uk> Subject: RE: Animation Date: 14 June 2001 14:42 Belinda, I have moved the meeting to next Thursday. However I have spoken to Dave and Steve but not anyone else. If we do need to contact any other ctte members then I will have to leave this with you. Thanks Spencer > ---------- > From: visiblearts[SMTP:visiblearts@visiblearts.homechoice.co.uk] > Sent: 14 June 2001 14:20 > To: Spencer MacDonald > Cc: steve roberts; martin
wansborough > Subject: Animation > > Dear Spencer, > > Please confirm to me that theAnimation Committee meeting will take place > next Thursday and > that you have contacted Dave Elvin and the rest of the committee > accordingly. > > Andy Egan has contacted me to say that Application Forms for Priamry > Rights Membership of DACS at the reduced rate of £15 for life membership > will be sent out now that the deadline for Payback 2001 has passed and to > advise me that Joanna Cave will be answering the queries that > I have raised. A meeting to review the distribution
is to take in > September however there is still a meeting with regard to the current > distribution to take place in a few weeks time. We do need to stay posted > as this could be quite crucial to the members to whom
no monies from the > previous distribution have yet been paid but are out-standing ie the > animation artists. The issue of a proposed Class Action is in my view in > need of urgent discussion and their are soliciters potentially interested > in running such an action. > > I also need to be emailed any contributions for the newsletter, I have > started a mock-up and think that it is time to start developing the > Animation Website. I'm currently using Windows M.E and can accept > compatible file formats, I also have Frontpage Express and can put content > into that format and email it to you directly to paste it up on to the > site? > > All the best Belinda >
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