Industrial Relations, Saban Style

All fans are aware that Saban is somewhat... careful with his money. Two examples that are commonly brought up are the cast walkout halfway through MMPR2 and the (rumoured) walkout of most of the talent when they found out the real wages they’d make for acting in Samurai. However, we’ve only really worked on hearsay when it comes to the sort of conditions the people at PR work under. Until now. Werewolf.co.uk has spilled the beans on the sort of contract that the cast and crew are required to sign when they become a part of the Power Rangers family.

The first issue brought up by the article is the problem of subsidies for movies and TV shows that have a large contingent of American cast and crew. It is argued that subsidy for industry is justified in the case that it ensures that locals are given employment, and that this isn’t happening as much as it should. As fans we know many of the American names such as Judd Lynn and Jackie Marchand, or the great Japanese man Koichi Sakamoto. There are of course many rangers who herald from all over the world, because Power Rangers is at its core an international TV show.

With all that in mind... I can sympathise with the sentiment. Why should the New Zealand government (and of course by extension its public) pay around $3m a year to a company which doesn’t prioritise local hiring? While the evidence that this is the case is difficult to really come by, what’s at stake here is what impression the people of New Zealand have of production, and it’s not all that positive. However, this is only the start, because when people actually get a job... it’s not pretty.

At Producer’s request and subject to Performer’s professional availability, Performer shall appear at such place(s) designated by Producer during the period of one (1) week immediately preceding Performer’s start date(s) hereunder for tests, photo sessions, makeup and wardrobe. Performer agrees that, except as….agreed by the parties in writing, no additional fees shall be payable by Producer in connection therewith or in connection with any and all necessary travel or hold days, and Performer‘s start date(s) shall not be accelerated thereby.

OK, so there’s some interesting stuff in there. This is for the period of October 2012 to May 2013. Apparently the contract only guarantees the signatory 20 days worth of work for that period, so you’re looking at the possibility of working for 20 days in two thirds of the year. During that period you’re expected to be at their beck and call and drop everything for a (non paid) week of training before actually doing some work. A day’s work is of course 12 hours long, with one 45 minute break.

The above would have been exercised for Lauren’s appearances in Samurai. She’s in a handful of episodes and so she would have been ‘waiting for the call’ so to speak for her role. Her IMDB lists her last appearance on TV as being on Shortland Street earlier that year, which would line up with her needing to put time aside for filming the small amount of episodes she appeared in. This of course isn’t where the fun is. Because...

During the term hereof and continuing through the 2012/2013 Production Season, Performer grants Producer exclusivity in the area of children’s and children’s-related programming, including, but not limited to, programming for the United States television networks (CBS, FOX and NBC), Cartoon Network, Disney, Nickelodeon and Pax Net and Performer shall not perform in a continuing role or as a regular performer on any other episodic television series or perform in any program that is intended for exhibition in the United States on before 30 November 2014 without Producer’s prior written approval, which shall not be unreasonably withheld. During such period, Performer shall not provide services for Performer’s own account or for any third party that would interfere with Performer’s ability to perform

Performer’s required services for the Series or other works hereunder or which may be inconsistent in content, taste and sensibilities with the traditional and family-oriented values of the intended telecaster of the Series without Producer’s prior written approval.

Ahh of course, actors aren’t allowed to take parts which are not family friendly. Eka Darville’s (RPM Red) role in Spartacus would have landed him in some huge hot water if he were under the sort of contract Saban would have him sign. There’s also the problem that they cannot take any work that may stop them from doing things for the production- so things like the Power Rangers Dubstep video that was posted the other day. It was interesting, how the cast were all suddenly available to record it... or perhaps it was because they were forced to by their contract.

During Performer‘s engagement hereunder, Performer shall, on any Working Day and for the compensation specified in clause 2.3 provide his or her Services in connection with the Series, whenever and wherever Producer may require, in a competent, conscientious and professional manner having due regard for the production of the Series within the budget, and as directed by Producer in all matters, including those involving artistic taste and judgment.

Performer shall provide services in non-commercial openings, closings, bridges, lead-ins, lead-outs and in and in connection with promotional materials (for both print and electronic media) created in connection with the advertising and exploitation of the Series, including, without limitation, trailers, interstitials, theme parks, video and computer games, public service announcements, station identifications, on-air promos, sound recordings for merchandise, phono records….; adlibs, improvisation, gags, bits and song lyrics etc and no additional fees shall be payable to Performer in respect of such Services provided the Services are rendered by Performer during a Working Day; such Services shall be provided either during or after the production period, subject to Performer‘s reasonable professional availability. Performer may be required to perform in multiple episodes on the same Working Day and within the same work week and no additional fees shall be payable to Performer therefore…..

OK, there’s a lot there so let’s pull it apart shall we? The majority of the text is all about doing extra work for zero pay. It makes me wonder whether the cast for Samurai received any appearance whatsoever for appearing at PMC or any of the other conventions. Such thoughts makes me a little more understanding at the ‘paying $20 for an autograph’ thing they had going on, if they weren’t getting any money outside of those autographs. Yeah they talk about how it’s fun and all that (and I do believe them to a point), but at the end of the day it’s still work for them and the possibility they aren’t getting appearance fees is frustrating.

I am also wondering whether the suit actors have the same clause and if it could be argued that the Macy’s Thanksgiving Day Parade float where they have suit actors do a show with fighting and whatnot is all being done with free labour. Thanksgiving Day is during production, right? It can be argued that they can get away with forcing the actors to do it for bupkis. I guess the free (?) flight and short holiday to the US will almost make it worth it, unless they fly in and out with a tight schedule and no time to see the sights. Which is of course very possible.

The part of that big block quote I find interesting as well is the following-

Performer may be required to perform in multiple episodes on the same Working Day and within the same work week and no additional fees shall be payable to Performer

This reflects how production is viewed in Power Rangers. Multiple episodes are recorded at once, usually in one set at a time. So you would have three episodes worth of ‘local hangout’ scenes filmed in one day. This makes a lot of sense from an economical point of view. A lot of time is lost to setting up cameras, lighting, setting up shots and so forth. Doing several episodes’ worth of filming on the one day is really efficient and saves time (which means saving money).

As a result, Power Rangers seems to work on a ‘pay per day worked’ basis rather than a ‘pay per episode appeared in’ basis. So is it possible that Jason’s love interest filmed her scenes for all the episodes she appeared in a couple of days, and thus got only a small amount of pay? It’s possible considering this clause. It is beyond obvious that this model of payment is designed to minimise the fee payable to guest actors.

This raises the question of exactly how much Paul and Felix were paid. Would production have been callous enough to cram their filming in as few days as possible, minimising how much money they received? They didn’t really interact with the rangers (outside of a couple of scenes where they interact, and one episode) so their scenes could easily have been filmed by the second unit. I haven’t really seen Felix promoting Power Rangers post Samurai (Paul is, but he just seems to love the franchise and will do anything for it)- bitterness about how he was treated and how little he was paid? I wouldn’t be surprised if that was the case.

Next up is the 60% rule. This of course says that if extra pickups are required and the actor has no more scheduled days (and they will be forced to do pickups if they have scheduled days, I’m sure they will be pushed to do a 14+ hour day) they will be paid 60% of what they would normally be paid. Of course. Their meagre pay scale is cut further to get them to do extra work because of various production reasons. What a bargain!

Producer shall have the unlimited right to exhibit and exploit all works hereunder and audio and visual excerpts therefrom in all forms and mediums now known or hereafter devised or discovered throughout the world in perpetuity without any further amounts owing to Performer (i.e., 100% world buyout).

Of course, no residuals! Saban hates paying residuals and it was one of the many reasons why the show was non-union when it started (also lower pay rates, longer hours, lower safety standards...). It’s rumoured that the later Saban era seasons, which were union, are played less because they cost more due to residuals. I’m personally not too sure about this but whatever. I’d speculate that this is how it was for all the NZ actors who worked for PR under Disney, because the show was moved to New Zealand to get it to be non-union again and to save money.

Performer authorises the use, photographing and recording of Performer’s name, sobriquet, professional name. nickname, photograph, voice, sound effects, personal characteristics, caricature, signature, Performer’s actual or simulated likeness, performance, attributes and biographic data (collectively, “Name and Likeness”), and their reproduction in all manner and media in perpetuity throughout the universe in connection with the production, distribution, advertising, promotion, merchandising, exhibition and other exploitation of the Series and other works hereunder, including all advertising, publicity and promotion and materials related thereto (including, without limitation, reprises, flashbacks, promos, trailers, teasers, etc.) in any manner and by any means now known or hereafter devised including, without limitation, use on album or jacket covers of commercial recordings related to the Series (whether or not Performer’s performances are contained therein), use in theme parks, trade shows, Producer promotions, etc. and in connection with commercial advertising and commercial tie-ups relating to the Series (but no direct product or service endorsement without Performer’s consent), and no additional payment shall be required for any such uses.

Well, this kinda makes sense. When Saban authorises a game to be made about a season of the show, he wants to be able to have his rangers in it. This of course will result in the actor getting no money, but hey, we’re expecting it by this point, right? Perpetuity through the universe? When he starts selling the show to Earth 2 he's going to be fucked, the contract didn't specify parallel universes! But perhaps there should be less silliness.

Producer may use and license others the right to use Performer’s Name and Likeness in and in connection with publications (including, without limitation, novelisations, press books, souvenir programs, one-sheets, commercial publications, etc.), by-products, tie-ins, merchandise, commodities and services of every kind and no additional payment shall be required for any such uses. Without limiting the generality of the foregoing, Producer may include photographs or other images or depictions of the likeness of Performer in or on or in relation to any exploitation of the Series and all documentaries, “behind the scenes”, “the making of” featurettes, promotional films and videos (including so-called “music videos”) of the Series in any manner and by any means throughout the world in perpetuity, and no additional fees shall be due to Performer therefore.

Performer shall not change Performer’s professional name during the 2010/2011 Production Season.

Yeah, more clarification of the above. Stopping actors from changing their name is quite amusing, I’m not aware of any past cast members who have done so, but I guess the clause was put in to avoid people from changing their name to get out of the contract, specifically the name owning part. More and more I’m getting an “I own your soul” vibe from this contract, which is worrying beyond belief.

Performer acknowledges that the Series and other works hereunder are intended for children and that Performer will conduct himself/herself during the 2012/2013 Production Season with due regard to social convention and good morals and decency and will not make any statement, commit any act or perform any role that will or may create notoriety, or bring Performer, Producer, or the Series or other work hereunder into public disrepute or reflect adversely thereon or on any distributor, exhibitor, or sponsor thereof.

As a material inducement to Producer to enter into this Deal Memo, Performer represents that Performer has not done in the past any act that would be a breach of the preceding sentence if done during the 2012/2013 Production Season.

This makes sense to a point. Doing nothing in the past that may make the actor look bad? I’ve got to say... isn’t that impossible? Like the Onion article (yeah I know it’s a parody site) talking about how all candidates for the 2050 election have been rendered unelectable due to Facebook. That said, someone coming out of the woodwork and saying that one of the rangers likes being spanked and called a bitch would be amusing for all. And, umm, embarrassing for the production? I don’t care.

Performer acknowledges that a condition of Producer’s desire to engage Performer has been and will continue to be Performer’s physical appearance and characteristics and significant change(s) or alterations) thereto may have an impact on Producer’s business or production activities. During the 2012/2013 Production Season, Performer agrees to consult with Producer and obtain Producer’s written approval before knowingly making any such change(s). For example, Performer will not cut, restyle, colour, or alter in any way his/her hair, teeth, eyebrows, skin, body size or general physical appearance including, without limitation, becoming underweight, overweight, or piercing, or tattooing or tanning any part of Performer’s body without the prior written consent of Producer.

Rick Medina has a tattoo of Deker on his arm, and I believe a couple of the ranger actors also have Ranger related tattoos. I’m guessing they got permission to get these tattoos done- or perhaps this was added because of the cast getting tattoos? The hair thing is interesting because Emily’s hair changed between Samurai and Super Samurai (making reusing that morph in two seasons a little awkward), but the rest stayed the same. Jayden spends the whole show looking like he’s ten years old.

The article then goes on to talk about how a billionaire Israeli gives money to a Presidential candidate he views as having a pro-Israel foreign policy. Shocking.

There are many examples where past cast members don’t have positive things to say about Saban. Hector David Jr has posted several tweets with negative comments about him, and the general attitude towards him from past cast members is general dislike of his penny pinching. They have always made it clear that they enjoyed making the show, but attitudes towards him in general have been negative.

Of course, if the actors of New Zealand pressure the government to get Saban to offer a better deal (more pay, residuals), it’s entirely possible that Saban will up and leave, go to the next tax dodge. It’s happened once before under Disney, and I will not be surprised if he would do it again. Europe has several economies which would be willing to bend over to get a long running show like Power Rangers shot there, since it would provide politicians with flagging popularity to stand up and say “See, look! I’m FIGHTING for your jobs, and I’ll get as many for us as possible”. A problem, no doubt.

A few last thoughts. Power Rangers has always been a show done on the cheap. Whether it’s keeping it non-union for as long as possible, dropping cast members who complain, paying new cast members less than the existing ones (LG Pink Ranger swap), or bringing in a new cast every season to avoid the usual pay rises for more seasons, the costs are always kept low. The very structure of the show is engineered to make it cheap to make, it’s the very reason why it’s an adaptation of Super Sentai- making 100% original toku is expensive. With that said, the people who make the product, especially now that it’s big again, should have a bigger slice of the pie. Perhaps the quality of the actors who apply for the parts will improve.