The volunteer and the unpaid performer... behold the fine line.

The information exposed in this week’s law post is of use to both performers and entrepreneurs hoping to start up an organisation within the entertainment industry. If you consider yourself a volunteer working in the performing arts industry, this could be useful for you also.

According to the government’s Intellectual Property website, "Performers are entitled to various rights in their performances, whether these take place on the stage, during a concert and so on.  Performers also have rights in any recordings, films or broadcasts of their performances" (Intellectual Property Office, 2013). 

Once a recording of the performance has been made, the performer's permission is also needed to make copies of that recording. A performer may be entitled to remuneration in respect of broadcasting, other types of communication to the public by electronic transmission, public performance and rental of those copies.  These are a performer's property rights. (Intellectual Property Office, 2013).

Many performers are under the impression that taking on the role of an unpaid performer when there is no contract involved, puts them in the same category as a volunteer and therefore does not entitle them to any type of payment or compensation in exchange for their time and the use of their skill, image, etc. However, this is not the case; performers have the right to decide the hours they work, the nature of their work, the way they carry out their work and the length of time they work. 

A performer often works under very certain guidelines with regards to the work offered. They will have a call sheet, a time to be on set/ location and a director or assistant director telling them what to do (i.e. how to perform their work). This is not reflective of a voluntary position in the eyes of the law.

In this situation, the performer should consider themself an employee and NOT a volunteer and set about trying to claim the compensation they are entitled to!

This can be done by following the steps below:

1.       FIRST, WRITE TO THE PRODUCTION COMPANY. If you do not hear back within 7 days send them a reminder and say that you will file a case with the Employment Tribunal if monies are not forthcoming. 

2.       FILE A CASE WITH AN EMPLOYMENT TRIBUNAL:

The claim is started by filing a form ET1 which you can do online.

Make sure to state how much you are seeking- number of hours worked x National Minimum wage at the time (currently £6.19 for over 21s). 

3.       USUALLY THEY WILL NOW SETTLE: In the vast majority of cases you will get your payment with no further action.

4.       ON THE DAY OF THE TRIBUNAL: When you arrive ask the clerk for an expenses claim form – your travel, loss of any earnings, child care costs etc are paid for by the Tribunal Service.

You will be asked to give your side first and need to establish 5 things:

·         You were an employee

·         You were told to work at a certain place

·         You were told what to do

·         You were present for the claimed number of hours

·         You are entitled to the National Minimum Wage

(Actorsminimumwage, 2011)

Full details of this procedure can be found in this link.

References

National Minimum Wage Rates, 2013. GOV.UK. [online] Available at: <https://www.gov.uk/national-minimum-wage-rates> [Accessed 27 April 2013 ].

Work for nothing then claim your wages: a step by step guide: by Nick Thomas-Webster, 2011. Actorsminimumwage. [online] Available at: <http://actorsminimumwage.wordpress.com/> [Accessed 27 April 2013 ].

Performers Rights, 2013. Intellectual Property Office. [online] Available at: <http://www.ipo.gov.uk/types/copy/c-otherprotect/c-performer.htm> [Accessed 27 April 2013 ].