Urgent Industry Local Contenet TV Discussion Meeting

TV Local Contenet Quotas may be drastically reduced! - Industry Discussion Wednesday 3rd September at NFVF

When

Due to limited time, this session MUST take place next week:

Date: Wednesday 3rd September

Time: 10h00 - 16h00

Venue: NFVF Auditorium, 87 Central Street, Houghton, Johannesburg

Lunch: A light buffet lunch will be served, including food suitable for vegetarians. 

Cant make it to Johannesburg? You can join the session via live video feed* at: http://www.sasfed.org/p/streaming.html and contribute via chat window.

Note*: Video feeds work reasonably well from this venue, but require you to have good bandwidth also. We have found we break transmission on average once every hour from the venue, but re-fresh your browser after 5 mins and you should be able to see it again. You need FLASH on your browser to participate and a 4MB ADSL connection or better. A maximum of 6 video streamers can be accommodated.

RSVP

An RSVP is required to ensure enough space is allowed for, for both physical and virtual participants.  First come, first served, so RSVP today!! 

RSVP to: marc@sasfed.org or call SASFED at: +27 (83) 9012000 by no later than 2pm on Tuesday the 9th of September indicating the number of people in your party with names, and if you are attending at the NFVF or if outside Gauteng attending online?

Read more HERE!

Read the Documents HERE!

Action Directing and Stunts Workshop

Advanced workshops on Action Producing, Stunt Coordinating and A-list Acting hosted by Hollywood Action Coordinating mogul, Steve Lambert, known for Indiana Jones and the Last Crusade, The One (starring Jet Li), The Quest (staring Jean-Claude van Damme), Titanic, Robocop,  etc.  

Entrance is free!

When and where:

From the 20th to the 21st of September from 7 am until 4 pm at Studio 1, Upper Arcade
Spiller's Wharf, Old Mill Road, UMzimkhulu River, Port Shepstone

And from the 22nd to the 25th of September from 7 am until 4pm at the AFDA campus, 41 Frost Ave, Johannesburg.

What to expect:

Attendees will be taught about visual effects: how to make a person fly like superman, how to explode a building, blast waves, bullet hits etc. 

Please find the programme attached.

The festival and workshop is organized by Sollywood Films and sponsored by the KZN Film Commission, Radio Sunny South and Ugu Youth Radio.

You can also find the event on Facebook by clicking here.

Attached is the programme.

 RSVP with Zama Mazibuko:  ugufilmfestival@gmail.com  

Films-stunt and directing workshop programme 2014.pdf

OpenView HD victory against SABC interdict

The South Gauteng High Court has dismissed an interdict application from the SABC against OpenView HD

Jan Vermeulen, August 26, 2014

An application to prevent OpenView HD from broadcasting SABC 1, 2, and 3 was dismissed with costs in the South Gauteng High Court and the written judgement delivered on Monday, 25 August 2014.

The South African Broadcasting Corporation (SABC) brought a notice of motion against Platco Digital, which operates OpenView HD, and its sister company E-tv, asking for a final interdict. As an alternative, it asked for an interim interdict.

This High Court application from the SABC follows a war of words between the two broadcasters in September 2013 regarding the availability of the SABC’s channels on OpenView HD.

It is still not clear why the SABC would decline free carriage of its channels on the new subscription-free direct-to-home satellite TV service.

The judgement goes into the he-said-she-said exchange between E-tv and the SABC, stating that the “disputes of fact are irresoluble on the papers”.

High Court Judge MP Tsoka dismissed the application on technical legal grounds, explaining that the relief sought by the SABC was not appropriate.

Tsoka said that he had to take into account the issue of “balance of convenience”:

• If the interdict was refused, the available evidence reveals that the SABC will not, for a period of 18 months, suffer any prejudice.
• Should the interdict be granted, however, substantial prejudice will be suffered by Platco and E-tv.
• Granting the interdict would also cause harm to the broader public interest, as viewers unable to receive SABC 1, 2, and 3 normally would then also not be able to access the channels for free via OpenView HD.

For these reasons, among others, Tsoka said that the balance of convenience favours Platco and E-tv.

Tsoka also highlighted that the SABC’s affidavits are silent as to why damages are not suitable as an alternative remedy to an interdict.

He added that in lieu of damages, the SABC may be awarded an amount calculated on the basis of reasonable royalty which would have been payable for licensing its content.

“To argue and submit, as it does, that the carrying and broadcasting of its channels on Platco and E-tv’s OpenView HD platform would expose it to breach of contract to third parties is without basis and factually incorrect,” Tsoka said.

The application was dismissed, with Tsoka ruling that the SABC must also pay E-tv’s cost for the additional counsel it needed to address constitutional issues that were raised in the SABC’s Heads of Argument.

For the original article click here.

The "Generations" dismissal drama: Organise or Suffer

MWASA (Media Workers Association of South Africa) is encouraged by revered actor John Kani's endorsement of the call we made to performing workers to liberate themselves by organising into collective bargaining entities. 

It is in effect the only way to ensure sustainable gainful employment security.

The challenges of an industry built on irreconcilable opposites of instant fame and grand-exploitation are many and are endemic across the cultural industries. 

The Generations dismissal saga represents just the tip of an imposing iceberg. Whilst South Africans are consistently told that Hlaudi Motsoeneng has stabilised the SABC and made it profitable, the tales of abuse, denigration and dehumanising detailed by members of the cast of Generations, echo those MWASA has been at pains to communicate to all. 


Workers employed by the SABC are treated to comparable worse conditions driven by palpable fear of being purged at the drop of hat. Where the interests of the SABC's top-brass are involved,  there is no room for fair negotiations and crossing the COO has life-threatening consequences. 


We are encouraged by the brave cast members in setting examples of courage and strength workers derive through organisation and standing up for their rights.

MWASA will work with all and sundry to assist in realising the goal of a united workforce to defeat institutionalised exploitation. 
  
Tuwani Gumani  
General Secretary
Contact: generalsecretary@mwasa.org.za / tuwgum@yahoo.com
(+27) (0) 82 743 3867

All correspondences to be directed to the Office of the General Secretary

Parliament must come clean on whose interest it serves: the executive’s or the public’s?

Parliament must come clean on whose interest it serves

INTERVENTIONS IN THE "GENERATIONS" DISMISSAL DRAMA WELCOME

The Media Workers Association of South Africa (MWASA) welcomes the softening of attitudes regarding the protracted standoff following the dismissal of members of the cast of popular TV show Generations. We acknowledge the attitudinal change by both SABC and Mr Mfundi Vundla as reported.

We are encouraged by the overwhelming support for our call to all roleplayers including the affected actors, the production company MMSV Productions and the SABC, to positively consider setting aside the wrong-option dismissals and to return to negotiations in a facilitated process. 

We note Mr Vundla's position regarding his desire to have his interests considered in the settlement of the impasse. We note as well the declarations by aggrieved staff about the veracity of Mr Vundla's claims regarding working conditions. Our call has been along the lines that the affected parties must commit to bona fide consultations and negotiations under facilitation by an independent facilitator. 

The role played by the SABC Chief Operations Officer,  Hlaudi Motsoeneng, and his team in this matter is not in keeping with common appreciation of fairness. How could it be fair that one party in a negotiation process plays multiple roles and then takes deleterious decisions driven primarily by motives of self-aggrandizement and self preservation. Generations, along with the other programmes offered by the national broadcaster, the SABC, is a matter of national interest. Over 7.5 million South Africans follow the show daily, for some it is their only accessible form of entertainment and leisure.

MWASA further appreciates the interventions made by Government ministries, organised labour and civic entities in this regard. We have had fruitful engagements with many interested and affected parties over the period of the ensuing dispute at Generations.  On Friday the 22nd August 2014 we met with Minister of Arts and Culture and a senior team in the ministry, the leadership of Creative Workers Union of South Africa (CWUSA) and Communication Workers Union (CWU.)

The meeting generally acknowledged that the plight of creative workers across the board may only be addressed with any modicum of success if and only when workers in the sector are organised into collective bargaining units and entities. Individuals who ride on ephemeral by-lines, fame, publicity, celebrity status and stardom do not advance the cause and course of any developmental agenda across the sector and industry. Given the potential capacity of the creative sector to generate much needed jobs, there must be radical change in the sector to free-up space for creation of sustainable jobs. 

There must be a more favourable dispensation in law for all workers in the sector. Wide-spread exploitation is based on many factors including lacunae in our labour legislation, the seasonal nature of the jobs and the individualistic nature of the contractual relations which render creative workers open for exploitation by unscrupulous producers, production companies, media houses and petty middle-men.

MWASA supports the proposed two-phase process comprising the immediate reinstatement of the dismissed 16 actors which would be followed by a well-planned, inclusive national colloqium. This Indaba, as discussed by the meeting with the Minister of the Department of Arts and Culture (DAC) would be seized with considering questions and issues regarding the unregulated and largely exploitative state of affairs in the creative industries. 
  
Tuwani Gumani  
General Secretary
Contact: generalsecretary@mwasa.org.za /  tuwgum@yahoo.com
(+27) (0) 82 743 3867

All correspondences to be directed to the Office of the General Secretary

SASFED AGM 2014

The SA Screen Federation held their Annual General Meeting on 16 August 2014. 

Here are some of the attendees and observers.  The minutes of this very important meeting will be released in due course.  It is also very important to note that SASFED has made some significant amendments to its constitution at this meeting.  The new constitution will be posted on our website within the next 14 days.

Harriet Meier (WGSA), Àlbert Mmopane (WGSA observer), Catherine Meyburgh (SAGE), Carlynn De Waal Smit (SAGA) and Nick Cloete (ASA observer)

Carlynn de Waal Smit (SAGA), Nick Cloete (ASA observer), Lala Tuku (NFVF observer) and Kgomotso Nkele (DFA observer) 

Ramadan Suleman (SASFED Chair), Zanele Modiba (IPO observer) and Helena Spring (IPO)

Thea Aboud (SASFED Treasurer / Secreatry), Kevin Jones (SACIA) and Ramadan Suleman (SASFED Chair) 

REPORT ON WORKSHOP: COPYRIGHT USERS RIGHTS AND THE CLEARANCE CULTURE IN SOUTH AFRICAN FILMMAKING

REPORT ON Past Event
WORKSHOP: COPYRIGHT USERS RIGHTS AND THE CLEARANCE CULTURE IN 
SOUTH AFRICAN FILMMAKING

 Friends of SASFED were invited to a workshop on Copyright Users Rights and the Clearance Culture in South African Filmmaking on August 18, at 10h00, at the NFVF, 87 Central Street, Houghton, 2198, Johannesburg.

This workshop was hosted by SASFED and its Affiliates especially the DFA (www.docfilmsa.com), the Program on Information Justice and Intellectual Property (PIJIP) at American University Washington College of Law in the United States, and the Intellectual Property Unit at the University of Cape Town.

The venue was generously sponsored by the NFVF.

The workshop followed, and reported back on, research by the partner organisations on documentary filmmaker views and perceptions on the rights of filmmakers to reuse and transform material in their filmmaking without licensing restrictions. The research showed that such practices are common and often thought to be illegal, but are likely fully within filmmaker user rights. See http://docfilmsa.com/projects/user-rights- project/;

https://docorg.ca/sites/default/files/DOC-FairDealing-EN-v2-web_0.pdf

This workshop featured a roundtable discussion with the researchers on the outcomes of that research, as well as some of the possible actions that could be taken supported by it, including taking positions in the announced revision of the Copyright Act and the production of best practices statements by filmmaker organisations.

The roundtable participants included Peter Jaszi, Professor of Law, American University Washington College of Law, Sean Flynn, Executive Director, Program on Information Justice and Intellectual Property (PIJIP) at American University Washington College of Law, Tobias Schonwetter, Executive Director, IP Unit, University of Cape Town, Andrew Rens, Fellow, IP Unit, and University of Cape Town.

The Program (which can be seen in the stream) included:

Peter Jaszi

Introduction and Lessons from the United States

● Interpreting the quotation right ● Best Practices

Sean Flynn

Untold Stories in South Africa: Summary of Research Findings

Report summary of Fair Dealing Research in SA by Sean Flynn_ American University Washington College of Law
Andrew Rens

Proposals for the South African Copyright Act Revision ● Alterations to the quotation right.

● Proposing Fair use.

Tobias Schonwetter

Creative Commons Licensing and the Availability (Present and future) Legal Assistance for Documentary Filmmakers

Tobias Schonwetter Presentation on Creative Commons

You can see the video of the event which was originally streamed live can be seen in four parts HERE.

Student film bursary call for applications

The National Film and Video Foundation (NFVF) is seeking student applications for its bursary scheme, which provides funding to students in financial need to pursue film and television related studies at all accredited tertiary institutions in South Africa. The deadline for applications for is 29 August 2014, at 12h00.

On average, the NFVF offers up to 60 bursaries a year for academic achievers who are passionate about the film and television industry but unable to afford their own university studies.

Application criteria

The Student Must:

1. Have already been selected at an institution that offers formal qualifications such as a diploma or degree
2. Be able to demonstrate financial need
3. Possess a good academic record
4. Motivate in detail why they qualify to receive a bursary
5. Submit a correctly completed application form and attach all required documents as per the application form
6. Be a South African citizen, or have permanent residency or have refugee status

Important details:

1. Five copies of the entire application must be delivered or posted to the NFVF offices
2. All details on the application form must be correct
3. Incomplete applications will be disqualified 
4. If telephone numbers or addresses change, notification must be sent immediately. If the NFVF is unable to contact the applicant, the bursary will be awarded to another deserving student
5. All required information must be submitted to avoid the application being disqualified
6. First year students receive 100% towards tuition fee, thereafter the NFVF pays 80% towards tuition fee only. The rationale behind this is the result of minimal resources and an aim to find balance between the number of students supported and what is contributed towards those bursaries.
7. The NFVF does not fund live performance or acting studies
8. Only certified documents will be accepted
9. Applications received after the deadline will be disqualified
10. Faxed or emailed applications will be disqualified

International bursaries:

Individuals may also apply to the NFVF for bursaries to support their studies at international tertiary institutions for film courses that are not available in South Africa. Due to minimal resources at the NFVF's disposal, 100% bursaries will not be awarded.

Supporting documents:

The following supporting documentation must be submitted together with an official application form:

1. A covering letter including personal motivation for study and its relevance to the applicant's intended career path, as well as how the skills acquired will benefit South Africa
2. A letter of support from the international institution
3. Proof of excellence within the applicant's field of competency

Internal process:

Once an application has been sent and all required documents (as per the application form) have been submitted before the deadline, an internal and external panel evaluates each application. Applicants are shortlisted and thereafter interviews are conducted to ensure that the most appropriate students, who will ultimately become NFVF ambassadors, are awarded bursaries.

Prospective students who meet the above criteria may apply by completing a national bursary application form available on the NFVF website. The application form provides a guide on all the required documentation to submit with the application form.

Broadcasting Policy and Regulatory Trends Course 2014

 The University of the Witwatersrand’s LINK Centre would like you to invite you to attend its Broadcasting Policy and Regulatory Trends Course 2014. 

This certificate course is designed to deliver cutting edge resources regarding African and International Trends on broadcasting law, policy and regulation. The course is coordinated by Prof. Justine Limpitlaw and features leading experts in the broadcasting policy and regulatory field together with the most up to date materials and resources on technology and regulatory issues.

Of particular importance in this course will be the South African ICT Policy Review process and possible scenarios for broadcasting policy and regulation for South Africa and the region. Regulatory trends from a number of international jurisdictions, including Canada, Australia, Singapore, the UK will be canvassed as well as regulatory trends in the SADC Region.

We think that this course will prove invaluable to lawyers in advising clients on this fast changing field.

Please contact: 

For Applications and Logistics: 
Samkelo Nsibande
Email: Samkelo.Nsibande@wits.ac.za / Tel: +27 (0)11 717 4592

For Course Information: 
Dr Kiru Pillay
Email: kiru2010@gmail.com / Mobile: +27 (0)82 602 7261

Or 

Prof Justine Limpitlaw   
Email: justine@limpitlaw.co.za / Tel: +27(0)11.027.5667 / Mobile: +27(0)82.902.2494 

For more information about the Link Centre click here.

Broadcasting Course-Brochure.pdf

Documentary filmmakers don’t understand SA’s copyright law

Recent research conducted by South African filmmakers in conjunction with professors Peter Jaszi and Sean Flynn has found that there are important aspects and user rights inherent in SA’s copyright law that South African filmmakers and other users of copyright material are not aware of.


In an attempt to better understand rights as users and creators under copyright law and to support emerging artists, the South African Screen Federation (SASFED), Documentary Filmmakers’ Association (DFA), University of Cape Town IP Unit, and American University’s Program on Information Justice and Intellectual Property (PIJIP) held a public briefing on Monday, 18 August 2014.

The briefing was held to discuss the issue that documentary filmmakers in South Africa do not understand their rights in terms of quoting copyrighted material within their work, and that this has directly resulted in a decrease in the production and circulation of local documentary films.

South Africa’s copyright law is currently under revision.

For the original article in Screen Africa click here.

SAFTAS deadline extended

Generations shut down as cast demands better from the SABC

Generations on SABC1, was forced to shut down production entirely as the massive, unified cast refused to return to work.

MWASA (Media Workers' Association of South Africa) supports the fight for improved worker rights and we make a call on the SABC and the production company MMSV, to correct the untenable but recurrent situation.

The cardinal issues of quality contracts, competitive remuneration, payment of royalties and resolution of questions around syndication must be addressed urgently.

South Africa continues to treat our artists as anathema and with scant regard for their economic and human rights. This situation must not be sustained given the immense contribution they make to our cultural lives and national heritage.

Tuwani Gumani
0827433867

To read the full article by Thinus Ferreira on Channel 24 click here.

Lets pile up the pressure on the SABC and ETV to broadcast 'Miners Shot Down'

 Tell eTV & SABC to show 'Miners Shot Down!' 

Sign the petition here!

Attention: Mr Marcel Golding (CEO of e.TV), Ms Zandile Tshabalala (Chairperson of the SABC) and Mr Tian Olivier (Acting CEO of the SABC).


As the leaders of our free to air channel and public broadcaster you have a duty to screen content in the public interest. 

What happened in Marikana was South Africa's first post-Apartheid massacre and you have a responsibility to ensure the stories of Marikana miners are told. On the 16th August South Africans will gather on the anniversary of this national tragedy. 

We the undersigned demand that you schedule a screening of Miners Shot Down so that all South Africans have the opportunity to reflect on the lives lost, families impacted and together we as a nation can work to ensure this never happens again.

South Africans Must Have A Say In The SABC

 The 4th August 2014 marks the sad anniversary of the exile of MWASA (Media Workers Association of South Africa) from the SABC. On this fateful day, the SABC decided to terminate with immediate effect the recognition of MWASA. This was done under the pretext of enforcing an obsolete MWASA/SABC Collective Agreement clause which required 20% and 25% membership for organisational and bargaining rights respectively.

Until April the 18th and the 20th of 2011 MWASA was the only union to have a valid recognition agreement with the SABC. It has now been established that the SABC deliberately prevented MWASA from formally amending the threshold clause but favoured the other two agreeable unions with offers to sign brand new but identical collective agreements.

MWASA was declared an undesirable "risk" following a successful application to the CCMA which sought to force the SABC to respect a legally enforceable framework of engagement agreement designed to regulate the corporation's turnaround strategy which was a priority condition for the R1.47bn Government Loan Guarantee.

Four Ministers of Communications, three Boards and 5 incumbents in the office of the CEO since August 2011, MWASA is still technically excluded from active participation in constructive workplace dialogue platforms. 

The SABC continues to flounder and to digress from the trajectory towards stability. The concern that MWASA has persistently raised, that of overt political interference remains firmly in place despite denials of either complicity or active encouragement of the proliferation of corruption, of pathological collapse of governance, of chronic and endemic organisational dysfunctionality.

The relationship between MWASA and the SABC continues to be regulated through the CCMA and the courts because the agenda at senior levels of the public broadcaster seems to be driven by personal ambitions and careerism at the expense of the public mandate, the development of staff and meaningful participation by people of South Africa. 

The reported bonuses amounting to R42m are meant to bribe the staff of the corporation into 'getting on with the programme' whilst the core issues such as addressing the widening income gaps, the appalling training and development programmes, development of a performance culture, improvement in the content offerings on air, gender equality, etc, remain neglected. 

Women in the SABC in particular, continue to be treated appallingly even as we celebrate womens' month annually as we do from today. The SABC remains male-dominated and the abuse of women, in all forms continues with abandon. Fear of occupational detriment and of stigma continue to stifle the voices of abused women. We do expect violent denials in this regard. 

The disappointing lack of progress in stabilising the SABC casts an unfortunate reflection on the progress South Africa has made since the advent of democracy. 

The SABC has not been a good story to tell. South Africans are voting with their remote-controls and are shunning the SABC because the Corporation is a 70% negative news story and it continues unabated detailing running commentary and blow-by-blow accounts of its self-destructive shenanigans. 

Whereas the SABC had all the makings and the potential to provide leadership in enhancing the role of communications in the entrenchment, appreciation and enhancement of democracy, it continues to undermine its role in facilitating genuine national, continental and global debate and dialogue around critical questions and important values including accountability, responsibility and service to humanity.   

MWASA calls on the Minister of Communications, the SABC board, SABC Executive and organised labour representing workers to convene an urgent summit to set the basis for formal dialogue on the state of the SABC and to set-off genuine public engagement on the future role of the SABC as a public asset. 

It cannot be that the SABC behaves as if it is under siege from its public. It cannot be that the SABC operates as if it is a privately-owned company. It is a public company and must serve the public as a whole and not as defined by a handful of individuals or powerful organisations.

The SABC, like South Africa, belongs to all who live in the country and indeed all South Africans must have a say and have their say heard, heeded and respected in the determination of the role and performance of the SABC in ensuring a better life for all.

Tuwani Gumani
General Secretary
Contact: generalsecretary@mwasa.org.za, (+27) (0) 82 743 3867

All correspondences to be directed to the Office of the General Secretary