BU not legally allowed to pay actors?

Please find the latest replies from BU
to a senior Equity member:


Dear xxxxx,

Further to our correspondence, here are the responses to your questions.


1. Why does BU not pay the National Minimum Wage on all its student films?

Films made by students do not belong to BU. BU does not seek or employ actors for students' films and students make their own arrangements. Most students cannot afford to pay actors . If students work with actors it is generally on a voluntary unpaid basis where actors would receive expenses, a credit on screen and a copy of the production for their own portfolio.
We make it clear to students that if they wish to pay actors, they are employing the actor and must take note of appropriate legislation and pay at least the minimum wage.

2. According to the financial accounts year ended 31st July 2014, Bournemouth University generated a surplus of £433,000 and £3,259,000 excluding the FRS17 pension adjustment. Given this surplus, why is the university not funding film courses adequately and ensuring budgets are there to lawfully pay actors?

Students make their own arrangements for their films and BU does not fund this activity. As noted above, films made by students do not belong to BU.

3. What is the fiscal value of budget provided by the university for final graduation piece films?

BU does not pay for final graduation films. Students are able to claim a small allowance towards expenses - which typically include providing transport and refreshments of actors.

4. I note the comment “we take our good relationship with the acting community seriously”. Why does BU not use and promote Equity student film contracts?

As noted above, films made by students do not belong to BU. BU does not seek or employ actors for students' films and students make their own arrangements. Most students cannot afford to pay actors but we teach our students to work collaboratively with the acting community to the benefit of all concerned.

5. Would you be so kind as to forward me copies of your student film contacts and release forms?

These were sent to you on 12th December 2012 in response to your freedom of information request on 15th November 2012. They have been updated slightly and are therefore attached.

6. Who is the employer in your student films?

Actors are not generally employed in films but participate in a voluntary capacity. If an actor is employed, they are employed by the student.

7. I understand that BU may seek to distance itself in this employment relationship. That being the case then I understand BU liability insurance would not cover the performer. Would you please confirm whether BU offer liability insurance to the actors or not and that this is not negatively affected by contractual arrangement that exists.

I refer to the responses that we sent to your previous Freedom of Information requests. On 7th and 28th Janaury 2013, we replied as follows:
‘ Whether or not external actors are covered by the University’s Public Liability Section may be influenced by the contractual agreement with the external actor, but insofar as the external actor is under the control and supervision of the University and arising out of this a claim by a third party is received by the actor, the University’s cover will be operative, at the University’s request.
Depending on the contractual agreement the external actor may or may not be considered to be an employee, but either way, should the external actor suffer a loss or injury due to the negligence of the University (and/or the students carrying on University authorised business) the University’s Public Liability Section (or potentially the Employer’s Liability insurance if the external actor is considered to be an employee and suffers an injury) will respond.
If the agreement with the external actor stipulates that they are considered to be an external and independent from the University bringing their own expertise and not under the control and supervision of the University, then in that situation you would expect the external actor to have their own Public Liability insurance to respond to claims that they have caused an accident or loss through their negligence – much as you would with any external provider.’

8. I note that most student films are not for commercial release, what is the relationship between BU student films and Buster TV? Does any money change hands?

Buster TV is the name we give to the online channel on the platform "Webwaterfalls" where student work is posted, mostly if not entirely factual and studio magazine productions, as part of the student learning experience. It is a free platform and not a commercial operation.

Please note that it we will treat any further requests as Freedom of Information requests.

I hope that this information is useful.

Kind regards

Trevor


Trevor Hearing
The Media School | Bournemouth University

• 9 years ago
• 21

Boycott them!

• 9 years ago
• 22