Long Form Television Rules and Procedures for 2016 Award Eligibility

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TABLE OF CONTENTS PREFACE ......................................................................................................................................................................... 3

RULES AND PROCEDURES FOR AWARD ELIGIBILITY

A. GROUNDS FOR ELIGIBILITY DETERMINATION

1. Eligibility of Producers ................................................................................................................... 4

2. Eligibility of Long form Programs.............................................................................................. 4 3. Number of Awards ........................................................................................................................... 4

B. STANDARDS FOR ELIGIBILITY DETERMINATION

1. Producing Job Description ............................................................................................................ 4

2. Performance of Non-Producing Role........................................................................................ 5 3. Presumption of Eligibility ............................................................................................................. 5

4. Eligibility Determination Still Available If Presumption Inapplicable ....................... 5

C. PROCEDURES FOR AWARD ELIGILIBITY DETERMINATION

1. Initiation of Eligibility Determination...................................................................................... 6

2. Notice of Producing Credits.......................................................................................................... 6

3. Individual Producer Eligibility Form ........................................................................................ 6

4. Verification of Producer Credits Form..................................................................................... 6

5. Initiation and Scheduling of an Eligibility Determination Panel................................... 6 6. Available Arbiters List .................................................................................................................... 7

7. Selection of an Eligibility Determination Panel.................................................................... 7

8. Timeliness is of the Essence ......................................................................................................... 7

D. PROCEDURES APPLICABLE TO THE ELIGIBILITY DETERMINATION PANEL

1. Confidential Review of Information and Documentation by the Eligibility

Determination Panel ........................................................................................................................ 7

2. Panel Adjudicatory Procedures .................................................................................................. 8 3. The Panel’s Decision ........................................................................................................................ 9

4. Confidentiality.................................................................................................................................... 9

E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPELLATE PANEL

1. Request for Appeal .......................................................................................................................... 9

2. Grounds for Appeal .......................................................................................................................... 9

3. Appellate Panel .................................................................................................................................. 9

4. Procedure............................................................................................................................................. 9

5. Final Decision ..................................................................................................................................... 10 2

PREFACE These rules provide a comprehensive overview of the standards and procedures utilized by the Producers Guild of America (“PGA”) in determining eligibility for producing honors and awards, including those conferred by the PGA, the Golden Globes, and the Academy of Television Arts & Sciences.

The producer's role is unique within the entertainment industry, by virtue of both its breadth and flexibility. It is, by its nature, a collaborative role, a fact that sometimes engenders difficulty in assigning credit for the work performed. The PGA has spent years researching customs and practices in the industry and has surveyed thousands of producers in an attempt to offer a comprehensive definition of the unique and extensive responsibilities of a producer. In Section B of these rules, the reader will find the job description for the primary producing credits in long form television, "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer,” and "Produced By.” While no single producer is expected to undertake every one of the functions defined for a particular producing credit on a given production, eligibility for awards as a producer is predicated upon an individual’s performance of a major portion of producing functions in a decision-making capacity throughout the production.

IMPORTANT NOTE: The producing functions identified in these rules and on the accompanying forms are NOT organized as a "checklist" to be used in pursuit of producing awards. To be eligible for producing awards, the producer must always place what is best for the production above all other considerations. For example, efforts by those seeking producing awards to insert themselves into meetings or work environments where they are unwelcome or unproductive, solely to fulfill some perceived criteria for eligibility, will not only impede the production process, but also will negatively impact the industry as a whole. Such detrimental conduct may be grounds for denial of eligibility for producing awards. Further, eligibility for producing awards will not be available to anyone who uses coercive or deceptive practices to convey the impression that the PGA’s standards for eligibility have been met. The PGA expressly reserves the right to interpret and apply its standards in the manner that it alone deems appropriate. The PGA is grateful for the support and cooperation of the producers and other professionals involved in the development and implementation of these Rules and Procedures. Thank you for supporting fair eligibility standards and upholding the integrity of the producer credit by participating in this process.

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RULES AND PROCEDURES FOR AWARD ELIGIBILITY LONG FORM TELEVISION

A. GROUNDS FOR ELIGIBILITY DETERMINATION 1.

2.

Eligibility of Producers. An individual shall be deemed eligible for an award nomination as producer, if he or she has been contractually credited and credited onscreen as an “Executive Producer”, “CoExecutive Producer”, “Supervising Producer”, “Producer”, or “Produced By” (“Eligible Titles”) for a miniseries or made-for-television movie originally telecast between January 1, 2015 and December 31, 2015 (the “Eligibility Period”), and if he or she has performed a major portion of producing functions on the program. Membership in the PGA, a non-profit organization, is not required for -- and is irrelevant to the determination of -- award eligibility. Eligibility of Long Form Programs. The following are the eligibility requirements for long form programs: a.

b. 3.

An eligible “miniseries” shall, in keeping with the 2015 rule changes promulgated by the Academy of Television Arts & Sciences, include “limited series” programs, and be defined as a program based on a single theme or storyline that reaches its conclusion within a limited run of episodes. To be eligible, a miniseries must consist of two (2) or more, but no greater than twelve (12), episodes have a total running time of at least one hundred and fifty (150) program minutes, and at least 50% of the episodes must be telecast within the Eligibility Period. An eligible made-for-television movie is defined as an original program that tells a story with beginning, middle and end, and is telecast in one part.

Number of Awards. The PGA imposes no numerical limitation on producer credits for long form television programs. a.

Producing Teams. Where two or more onscreen-credited producers performed services as a bona fide producing team, each team member will be separately considered for award eligibility based on his or her individual performance of producing functions throughout the phases of production.

B. STANDARDS FOR ELIGIBILITY DETERMINATION 1.

Producing Job Description. Subject to the control of the Production Company 1, producers contractually credited and credited onscreen with an Eligible Title must have substantial responsibility for (i.e., must perform in a decision-making capacity) a major portion of producing functions throughout the phases of production: a) development; b) pre-production; c) production; and d) post-production. The following shall be considered in determining award eligibility: a.

Within the development process, the producer typically conceives of the underlying premise of the production, or selects the material. He or she also selects the project's writer, secures the necessary rights and initial financing, and supervises the development process.

The “Production Company” is defined as the copyright owner, studio, primary financier or other person or business entity authorized to designate the producing credits that appear onscreen in the telecast of the long form television program within the United States. 1

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b. c. d.

2.

During production, the producer supervises the day-to-day operations of the producing team, providing continuous, personal, and usually on-set consultation with the director and other key creative personnel. He or she also approves weekly cost reports, and continues to serve as the primary point of contact for financial and distribution entities.

For post-production, the producer consults personally with post-production personnel, including the editor, composer, and visual effects staff. He or she also consults with all creative and financial personnel on the answer print or edited master, and usually is involved in a meaningful fashion with the financial and distribution entities concerning the marketing and distribution plans for the long form television program in both domestic and foreign markets.

Performance of Non-Producing Role. If, in addition to his or her role as a producer, an individual also contributed to the production in a different, non-producing capacity (e.g., studio executive, agent, manager, director, writer, actor, etc.), or performed services in a different occupation during production of the long form program, said individual shall be eligible for awards provided he or she not only demonstrates substantial responsibility for a major portion of the producing functions throughout production of the long form program, but that such substantial responsibility was demonstrably distinct from and in addition to the individual's other contributions to the long form program. a.

b. c.

3.

In pre-production, the producer typically selects key members of the creative team, including the director, cinematographer, unit production manager, production designer, and principal cast. The producer also participates in location scouting, and approves the final shooting script, production schedule and budget.

Writer. Contributions to the story or script are considered duties discharged as a writer, and shall not be counted towards the individual's producing duties if the individual received a writing credit. This standard applies to writers for an eligible made-for-television movie only.

Executive or Employee of a Network, Distributor or Studio. If an executive or employee of a network, distributor or studio of the long form program receives an Eligible Title, he or she must demonstrate a significant and dedicated commitment of time and resources to the production of the long form program beyond his or her duties as an executive/employee.

Director. Because of the uniquely flexible nature of the producer-director collaboration in the creation of long form programs, many producing functions may be performed by a director in the course of his or her directorial duties. However, this flexibility shall not be interpreted to mean that every director is therefore also eligible for producer credit. To receive such credit, the director must have undertaken significant producing duties beyond what he or she would normally perform as director. Possible examples of such involvement might include: substantial contributions to the development process; a demonstrated attachment to the production predating the production deal made with the Production Company; responsibility for all budgetary concerns; securing significant financing; or playing a decisive role in determining marketing and distribution strategies. This standard applies to directors for an eligible made-for-television movie only.

Presumption of Eligibility. The PGA acknowledges a presumption of eligibility for producers credited with one of the Eligible Titles if such producer renders producing, writing or directing services on a full-time basis to an eligible miniseries and exercised substantial responsibility for a major portion of producing functions throughout the production. If an individual producer credited with an Eligible Title also contributed to the production in a non-producing capacity (e.g., studio and/or network executive, agent, manager, actor, etc.) or was credited with an Eligible Title on a made-for-television movie, the Presumption of Eligibility shall not apply to said producer. 5

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Eligibility Determination Still Available If Presumption Inapplicable. Any producer credited with an Eligible Title who does not qualify for the Presumption of Eligibility in accordance with Section B(3) shall nevertheless still be entitled to seek an eligibility determination, as set forth in Section C below.

C. PROCEDURES FOR AWARD ELIGIBILITY DETERMINATION 1.

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3.

4.

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Initiation of Eligibility Determination. At its discretion, the PGA may initiate and convene an eligibility determination to evaluate whether a producer contractually-credited and credited onscreen with an Eligible Title (“Participant”) qualifies for award eligibility (“Eligibility Determination”). However, the PGA may, in the discretion of the National Executive Director, administratively render Eligibility Determination decisions without formally convening an Eligibility Determination Panel (defined below).

Notice of Producing Credits. If an Eligibility Determination is warranted, the PGA will begin the process of determining award eligibility upon receipt of written notice from the Production Company listing: (i) the Participants potentially eligible for producing awards, and (ii) all key creative participants and department heads involved in the production of the long form program (“Notice of Producing Credits”). The Notice of Producing Credits must be submitted online through the website at producersguildawards.com, or sent to the representative designated by the PGA to manage the administration of these Rules (the “PGA Administrator”) located at 8530 Wilshire Boulevard, Suite 400, Beverly Hills, CA 90211, or by email to [email protected]. PLEASE NOTE: The Notice of Producing Credits must be submitted and signed by a Production Company, as defined herein, or by someone expressly authorized by the Production Company to submit the long form program for award eligibility. A $100 administration fee will be required in order to complete the submission.

Individual Producer Eligibility Form. Immediately upon receipt of the Notice of Producing Credits

form, the PGA Administrator may contact Participants who are new to the long form program in order to inquire as to whether he or she wishes to participate in the Eligibility Determination. Each contacted Participant shall confirm his or her participation in the eligibility process by completing and submitting to the PGA Administrator an Individual Producer Eligibility Form (“Eligibility Form”). Without receipt of a signed Eligibility Form, the PGA cannot provide award eligibility status to a Participant. In order to foster candid responses, the PGA will keep strictly confidential all information supplied on the Eligibility Forms, which shall only be used for award consideration.

Verification of Producer Credits Form. Following receipt of the Notice of Producing Credits form and at least one Eligibility Form from a Participant, the PGA may, in its sole discretion, begin contacting key creative participants and department heads (e.g., writer, director, casting director, unit production manager, production designer, post-production supervisor, etc.) to secure confidential information concerning their involvement with the Participants on the long form program. The PGA Administrator shall use judicious caution to obtain as much relevant information as possible from the key participants in the production of the long form program to maximize the amount of relevant information obtained. When contacting the key participants, the PGA Administrator shall use confidential forms (“Verification of Producer Credit” forms) and private telephone interviews to secure relevant information and documents in such a way as to induce honest disclosure and testimony, and will keep all information obtained strictly confidential for use only for award consideration. Initiation and Scheduling of an Eligibility Determination Panel. The PGA may initiate and convene a formal Eligibility Determination Panel (“Panel”) to ascertain whether Participants under consideration qualify for award eligibility when: 1) there is more than one Participant new to the long form program; or 2) if, after careful and expeditious review of Eligibility Forms and Verification of Producer Credit forms, disputes, coercion, conflicts or other issues are evident. In all other cases, the PGA National 6

Executive Director may administratively render Eligibility Determination decisions without formally convening a Panel.

6.

7.

8.

If a Panel is warranted, the PGA Administrator shall determine a time and location to conduct the private and confidential Eligibility Determination, with due consideration given to expedite the Eligibility Determination process to meet timely award eligibility requirements. In this instance, the PGA Administrator will send written notice of a pending Eligibility Determination (“Notice of Eligibility Determination”) to the Participants under consideration, and will include with such notice the Available Arbiters List (described below).

Available Arbiters List. The PGA Administrator shall submit to the Participants under consideration a list of potential arbiters (“Available Arbiters List”). The Available Arbiters List shall be composed of established producers, each of whom shall have received an “Executive Producer”, “Co-Executive Producer”, “Supervising Producer”, “Producer”, or “Produced By” credit on at least two (2) long form or episodic television programs. The PGA Administrator shall include at least one arbiter with long form program experience as an arbiter on the Panel, subject to timely availability. Arbiters determining award eligibility need not be members of the PGA. Each Participant under consideration shall have the right to strike named arbiters from the Available Arbiters List provided the party has a reasonable and good faith belief that such stricken arbiter(s) might possess prejudice against an individual or production under consideration. This right to strike shall be exercised, if at all, by communication with the PGA Administrator within two (2) business days after the Notice of Eligibility Determination was sent to the Participant via email or fax. Selection of an Eligibility Determination Panel. The PGA Administrator shall select, from the eligible individuals on the Available Arbiters List, no fewer than two (2) or more than three (3) producers who shall function with the authority of the PGA as the designated arbiters on the Panel. To ensure that these Rules are applied fairly, each Panel shall be advised by an attorney who may be the same individual designated by the PGA as PGA Administrator; however, substantive decisions and questions of fact shall be determined exclusively by the Panel. In order to maintain objectivity and avoid professional retribution, the identities of the selected arbiters shall be maintained in strict confidence. An arbiter with a vested interest in the outcome of the proceeding or who has or had a relationship with any Participant under consideration which might bias the arbiter’s judgment concerning the Participant’s involvement with the long form program, shall recuse herself or himself from participation on the Panel.

Timeliness Is of the Essence. Due to the need for adequate time to complete the Eligibility Determination, it is essential that: (1) the Production Company submit the Notice of Producing Credits promptly; (2) the Participants under consideration submit their Eligibility Forms promptly, if requested to do so by the PGA; (3) the key creative participants and department heads involved in the production of the long form program submit their Verification of Producer Credit forms promptly, if requested to do so by the PGA; and (4) any Participant under consideration who wishes to recuse any arbiter from the Available Arbiters List do so within two (2) business days after the Notice of Eligibility Determination is sent to him or her via email or fax, after which time the right to recuse arbiters shall expire.

D. PROCEDURES APPLICABLE TO THE ELIGIBILITY DETERMINATION PANEL 1.

Confidential Review of Information and Documentation by the Eligibility Determination Panel. To promote anonymity and objectivity in the Eligibility Determination process, the identities of the Participants under consideration and the key creative participants and department heads shall be redacted from all documentation submitted to the Panel for adjudication and each individual shall be assigned a unique identifier in place of his or her name. The Panel shall conduct a careful and 7

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expeditious review of documentation received and may, at its discretion, request additional information to resolve ambiguities in the documentation provided. Such additional information may include requests directed to any of the Participants or to development and production personnel, including, without limitation, the screenwriter(s), director, editor, unit production manager, casting director, and Production Company or studio executives. The purpose of such third-party inquiries, all of which will be managed confidentially by the PGA Administrator, is to delineate lines of responsibility during the actual development, production, and post-production of the long form program and to illuminate other relevant facts. To ensure that all testimony submitted by third parties is both candid and accurate, the PGA mandates that such testimony shall never be shared with Participants. Panel Adjudicatory Procedures. In determining eligibility, the Panel shall assess the documentation and evidence presented, using the knowledge and judgment born of their substantial experience to resolve any discrepancies and to render a decision. Although the identities of the Participants under consideration and the key creative participants and department heads shall be redacted from all documentation submitted to the Panel for adjudication and each individual shall be assigned a unique identifier in place of his or her name, it is possible that the arbiters may discover the identities of the Participants during their review of the documentation. It should be noted that the adjudicatory procedures and the Panel’s interpretation of the Rules for award eligibility shall favor inclusion rather than exclusion. The Panel shall consider individual contributions of each Participant under consideration relative to the specific circumstances of production, granting greater weight to individual contributions likely to reflect substantive producing responsibility (e.g., responsibility for the hiring of the director is weighed more heavily than responsibility for the hiring of the art director; responsibility for overseeing digital effects work is weighed more heavily on a production with a higher proportion of special effects shots, etc.). a.

b.

c.

Producers involuntarily removed from production. In the case of producers who are involuntarily removed from the production process, such producers shall be awards-eligible provided they meet all of the following criteria: (1) status as the project's original producer, having initially obtained, or caused the Production Company to obtain, the underlying rights to the material and initially developed the original premise; (2) credit as “Executive Producer”, "Co-Executive Producer", "Supervising Producer", "Producer", or "Produced By" on the broadcast of the program; (3) probative evidence of the individual's involuntary removal from the production process (i.e., a producer risks forfeiture of eligibility if he or she chooses not to continue providing services to the production); and (4) direct responsibility for having hired one or more writers who retain any form of writing credit on the finished project.

Producers working to the detriment of production. Notwithstanding the criteria for eligibility set forth in these Rules, the Panel may take special notice of any Participant under consideration who hinders the production process through unwelcome intrusion into aspects of the process outside of his or her appropriate sphere. Should the Panel determine that a Participant has engaged in such detrimental behavior, it may, at its discretion, choose to deny eligibility to that Participant despite his or her having otherwise met the standard of responsibility for a significant portion of the producing functions.

Producer’s undue interference with fact gathering from third parties. A Participant under consideration agrees to refrain from undue interference with the PGA’s efforts to gather accurate and confidential information from key creative participants and department heads that will be provided to the arbiters reviewing his or her eligibility. The Panel may take special notice of any Participant who frustrates the truthful disclosure of third parties by: (1) obstructing access by the PGA to such parties, or (2) coaching, coercing, or improperly influencing third party responders to manipulate the outcome of any Eligibility Determination. Should the Panel determine that a 8

3. 4.

Participant has engaged in such conduct, it may, at its discretion, choose to deny eligibility to that Participant despite his or her having otherwise met the standard of responsibility for a significant portion of the producing functions.

The Panel’s Decision. After due consideration to the evidence and these Rules, the Panel shall make a determination as to whether each Participant under consideration qualifies for award eligibility. The Panel’s decision shall be communicated to each Participant under consideration by the PGA Administrator (the “Eligibility Determination Letter”). Confidentiality. To protect the integrity of the process, and to guard against unjust interference, the identity of members of the Panel shall be held in confidence and their work done anonymously. Oral testimony shall be taken only at the request of the Panel, by telephone, and through the PGA Administrator or attorney assigned to the Panel. The documents and other materials received from Participants or third parties and the content of the Panel’s discussion and deliberation shall remain confidential and shall not be shared with any other individual or entity, except as required to: (1) inform awards officials relying on the Eligibility Determination for the purpose of conferring awards; and (2) process an appeal submitted by or on behalf of a Participant as set forth in Section E below.

E. REVIEW OF THE ELIGIBILITY DETERMINATION BY AN APPELLATE PANEL 1.

2.

Request for Appeal. A Participant under consideration may request an appeal of the PGA’s or the Panel’s determination. Such requests must be in writing and filed with the PGA Administrator within five (5) business days of the Eligibility Determination Letter, and must state the grounds for the appeal in reasonable detail. Grounds for Appeal. Valid grounds for appeal are limited to the following:

a.

b. c.

d. 3.

4.

Dereliction of duty on the part of the PGA or the Panel or any of its members;

The exercise of undue influence upon the PGA or the Panel or any of its members;

Misinterpretation, misapplication or violation of PGA policy as set forth in these Rules and Procedures; or

Availability of relevant and probative evidence, for valid reasons not previously available to the PGA or the Panel.

Appellate Panel. If an appeal is taken from a decision made by the PGA, then the appellant shall be provided with the Available Arbiters List and shall have two (2) business days to strike any arbiter as provided in Section C(6), above. The appeal shall be presented to an appellate panel consisting of three (3) arbiters who were not stricken from the Available Arbiters List. If an appeal is taken from a decision made by the Panel, then that appeal shall be presented to an appellate panel consisting of one member from the initial Panel and two new members selected from the Available Arbiters List who were not stricken by the Participant under consideration submitting an appeal. In either event, the appellate panel shall be advised by an attorney designated by the PGA; however, substantive decisions and questions of fact shall be determined exclusively by the appellate panel. No panelist shall serve on the appellate panel if he or she has a vested interest in any aspect of the outcome of the Eligibility Determination. Procedure. Subject to a finding that the stated grounds for appeal are valid under this section, the appellate panel shall determine whether the previously rendered Eligibility Determination Letter should be modified. 9

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Final Decision. The appellate panel shall either uphold the prior decision, or render a new decision based on its review of the entirety of the evidence presented. The decision of the appellate panel shall be final and is not subject to further review by the PGA. After the appellate panel has rendered its decision, the PGA Administrator shall inform the Participants under consideration of its decision.

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