Courage in the Film World

Courage in the vulnerable world of the self-employed film worker is not just confined to the giants who have stood up in the past for justice whether it is in the form of promoting Authors Rights for Cinematographers or improving working conditions for their crews. The Vacanos, Conrad Halls and Storaros of this world have stature and reputation to protect them when they assert their rights and the abuses they see around them.

As we enter 2010 the Film Academies are still flooding the market with enthusiastic young people who are rich pickings for exploitation as cheap labour by the employment market. It is refreshing to learn of the extra-ordinary courage of a young British girl who agreed to take on an expenses only position on a film in the art department and later has successfully taken the Company to Court when they reneged on the agreed deal.

With the help of the British union, BECTU, not only did she win her case to recover her expenses but the important ruling that workers cannot be denied their statutory rights to payment even where they respond to advertisements offering work on an expenses-only basis. The Tribunal ruled that workers engaged on such a basis are entitled to payment at least in line with the National Minimum Wage; in addition to the holiday they accrue.

The young lady in question was fortunate to have the strength of the Union and the representation of Martin Spence from BECTU, behind her. Unfortunately it has not helped her career. Nicola Vetta has now left the film industry with the thought that “working for free is becoming accepted as a necessary investment to securing a paid job. I hope that publicising this case will help to reverse that trend.”

Unscrupulous companies unfortunately do exist and the lesson to be learnt to enable all workers to combat exploitation comes from the way the BvK of Germany have established a system of guaranteed anonymity.

The German system was formed by a cooperation by the BvK and the other craft associations such as costume and design (the BVK already represents most camera grades). The German equivalent of the British Cine Guilds, Der Filmschaffenden-Verbande set up a telephone help-line to receive calls from made by individuals who believe they are being unfairly treated under their terms of contract during a production. No telephone caller is asked whether they are members of any specific Guild, Society or Union in order to receive a hearing. However three phone calls from separate individuals on any location are required before action in the form of written communication is sent to the offending company.

The system is working well and eliminates the threat to the weakest individual employed on a production to be victimised. The Company involved knows that three individuals have made complaints and as no names are mentioned anonymity protects those who are least able to protect themselves. The onus of responsibility returns to the employer.