New rule binds artistes to shows for 3 years [DT NT-Pg4]

The CINTAA (Cine and TV Artistes' Association) and Indian Film and TV Producers' Council (IFTPC) have entered into an MoU that makes it mandatory for lead actors and important characters of shows to be associated with the show for at least three years. The MoU, that came into force on May 1, states that if even after three years, an actor wants to quit the show, he/she will have to serve a notice period of four months with the production house. While producers say that this directive will protect the interests of both the artistes and the makers, actors stress that such a contract will be creatively suffocating for them.


Producers feel that the actors need not sign a contract blindly; they can lay down their own terms and conditions. Yash Patnaik, producer of Main Naa Bhoolungi, says, "I was a part of the producers' body which was involved in formulating this MoU, and it lays down a template for the artistes and producers that should be followed. There are about 50 actors and 100 technicians whose kitchens run on the basis of a show. Sometimes, if an actor decides to quit, there are chances of the show getting affected, and in turn, the other people have to struggle. For instance, when Barun Sobti quit Iss Pyaar Ko Kya Naam Doon, the show went off air. How many people from that show managed to get work after it ended? A lot of hard work goes into creating a character and crores are spent on setting up a show. This MoU formalises things and aims to make the functioning more organised. As a production house, we have always signed three-year contracts with our actors and usually, these contracts are 15-20-page documents that have details such as which makeup room will the actor use, who will be the hairdresser for the artiste, or which mineral water brand the actor prefers. The MoU seeks to protect the interests of both the producers and the artistes. In any case, the actor can lay down the terms and conditions they want to work on. For instance, if they don't want to grow old on the show, they can negotiate with the producer and include that clause in the contract."



Farhan Salaruddin, producer of Beintehaa, seconds Patnaik. "We take time to build a character, and if an actor suddenly decides to quit a show, it puts a lot of people in a difficult situation. This MoU is a step to see that such things don't happen. Earlier, the relationship between the actor and producer was more important and there were many things that were not put on paper, but with this MoU, things will become more organised and professional. For instance, many a time, actors decide to quit if they have other offers, leaving the producer, the channel and other actors in a lurch. This MoU will ensure that such things don't happen, and whatever reservations an actor has, he can lay them down before he signs on the dotted line and both the parties can take a call."



The Mou will regulate pay hikes and shift timings: CINTAA

Gajendra Chauhan, vice president, CINTAA, says, "This MoU was in discussion for many years. It seeks to make things more systematic and organised. The clauses favour both the artistes and the producers. For the first year, producers work on establishing a fanbase for the show, and it's only the second year that they start earning sone money. If an actor decides to quit at that point, the makers face tough times. There is also a clause that regularises the percentage hikes for technicians and actors. We found that many actors would ask for steep hikes and would threaten to quit a show, but this MoU seeks to stop that. It also regulates shift timings for everyone who is involved in the process of making a show and establishes a payment model for the technicians and artistes. The contract terms can be mutually agreed upon between the artiste and the producer. In case of a dispute, they can approach the Joint Dispute Settlement Committee."

It will suffocate our creativity, say actors

Three years is too long a period
TV actors beg to differ and feel that this MoU strengthens the already powerful producers. Eijaz Khan says, "Three years is too long a period expected from an actor to commit to a show. What is the shelf life of an actor - maximum five years? Asking an actor to commit to a show for three years is too much. The contracts that we usually sign bind us to a show till it ends. Sometimes, we are contractually bound to that producer even for a year after the show goes off air. Unless you are issued an NOC by that producer, you can't work anywhere else. Many young kids sign these contracts because they are looking for work. Even if you refuse to sign such a contract, the channel and the producer say that they have 10 other actors who are willing to take up the offer. This MoU will strengthen the producers more. I think the CINTAA should also consider the views of the actors. If the actor is committing to a show for three years, he should be given the guarantee that he won't be replaced by the producer all of a sudden. Most of the contracts have a clause that states that the channel can replace an actor by giving a 24-hour notice, which is quite unjust."

Vivian Dsena agrees with Eijaz. He says, "I think the contract that is signed between an actor and producer should be a balanced one. It should not favour one over the other. Even if an actor signs a contract for three years, will the producer ensure that they won't replace the actor in between? I won't be comfortable signing a contract like this. I had quit my show Madhubala - Ek Ishq Ek Junoon because I didn't want to play a father on screen. If someone signs a contract, they would have to do something which they won't want to."

Will the producer compensate if the show goes off air?
Actor Mohit Malik says, "It's always advisable to have a lawyer who guides you while signing a contract. I have suffered many a time despite being bound by contracts. I wasn't paid for my first show and there have been other issues that arise while you are bound by a contract. The industry is quite uncertain that way. What will an actor do if the show he has signed for three years goes off air within a few months? That actor must have rejected many offers since he had committed to the show. Will the producer compensate him for the remaining period after the show goes off air because he let go plum offers for that show?"

How will we know what might happen in three years?
Actress Sargun Mehta says, "You can't have the same MoU binding all the actors, as actors work under different situations. There might be varied reasons - creative, financial, people on the sets, production values - that force an actor to quit a show and problems might arise during the course of a show. This three-year rule is suffocating for the actors. Also, we don't even know what is going to happen to our character this week, how will we know what is going to be the graph of our character in the next three years? If such a thing is happening, the actors should also be involved in the committees taking these decisions."



One-year contracts are fine
"It's good that there is an MOU that will benefit the producers and the channel and will insulate them from flippant actors. However, three years is too long a period. I believe, if an actor is not happy with the track or not happy with the producers, he won't be able to justify that role or character. One-year contracts are fine but not three years," says Shraddha Musale.

Why can't we have good content?
Gunjan Utreja says, "The fact that both the parties have agreed on 'something' is worth applauding. In my view, it's not this issue which needed to be addressed. Why can't we address the issue of storylines changing abruptly? Look at western shows. I have never seen a show like Modern Family or any other show changing their storyline just because something in Boston Legal or any other show worked. All our shows here start with a bang promising to give something new, but within three months they all look the same. What's the point in running a show for six years without a break? Why can't we have seasons for every show? Why can't we put a maximum shelf life for a show? This way, more actors will get the opportunity to showcase their work. More production houses will get work. Actors will get an opportunity to rest. Creatives will get an opportunity to think fresh and come back with a new season. If we address the issue of content first, then I guess you won't even need any other clause to stop your actors from quitting. The Indian TV industry is a force to reckon with. We touch lives of millions of people across the globe in more than 120 countries. It's high time we start taking the content our shows seriously."

Mutual consent should be a must for such contracts
Actor Adhvik Mahajan opines, "The three-year contract would make sense if the show is doing well and both the parties are happy. Mutual consent is a must. Such decisions involve technicalities too. There should be an exit or quitting clause as it's a subjective matter. Careers and roles are a matter of choice. The actors' perspective should also be taken into account. When a show gets over prematurely, then no one thinks of the actors' interests. The terms and conditions have to be practical."