Long-Form Television Rules and Procedures for 2011 Award Eligibility TABLE OF CONTENTS PREFACE ................................................................................................................................................. 3 RULES AND PROCEDURES FOR AWARD ELIGIBILITY A. GROUNDS FOR ELIGIBILITY DETERMINATION 1. Award Eligibility ............................................................................................................... 4 2. Number of Awards .......................................................................................................... 4 3. Performance of Non-Producorial Role ......................................................................... 4 B. JOB DESCRIPTION 1. Producorial Job Description .......................................................................................... 5 2. Producer’s Responsibility .............................................................................................. 5 C. PROCEDURES FOR ELIGILIBITY DETERMINATION 1. Notice of Eligibility Determination ............................................................................... 5 2. Formation of Eligibility Determination Committee ................................................... 5 3. Right to Refuse Panelists .............................................................................................. 6 4. Voluntary Submission of Supporting Documentation ............................................... 6 5. Review of Documentation ............................................................................................. 6 6. Committee Adjudicatory Procedure............................................................................. 6 7. Confidentiality ................................................................................................................. 7 D. APPEAL OF DETERMINATION TO A POLICY REVIEW BOARD 1. Request for Appeal ......................................................................................................... 7 2. Grounds for Appeal ......................................................................................................... 7 3. Appeals Committee ........................................................................................................ 7 4. Procedure ......................................................................................................................... 7 5. Decision ............................................................................................................................ 7 2 PREFACE These rules provide a comprehensive overview of the standards and processes utilized by the Producers Guild of America in determining eligibility for “best program” honors, including the Producers Guild Awards, Golden Globes, Primetime Emmy Awards, BAFTA Television Awards and the Golden Nymph Awards conferred by the Monte Carlo Television Festival. 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 Producers Guild has spent years researching current practices in the industry as well as surveying thousands of producers in its attempt to offer a comprehensive definition of the job. 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 these functions on a given production, eligibility for awards as a producer is predicated on an individual being responsible for performing a majority of producing functions throughout the phases of production. IMPORTANT NOTE: These functions are definitively NOT organized as a "checklist" to be used in pursuit of a producing credit. The producer must always place what is best for the production above all other considerations. Efforts by those seeking credit or award eligibility to insert themselves into meetings or situations where they aren't welcome will only impede the process of television production, damage the lines of authority and communication, and result in denial of the eligibility sought. 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 your support of fair eligibility standards and for upholding the integrity of the producer credit through your participation in this process. 3 RULES AND PROCEDURES FOR AWARD ELIGIBILITY LONG-FORM TELEVISION A. GROUNDS FOR ELIGIBILITY DETERMINATION 1. Award Eligibility. An individual shall be deemed eligible for an award nomination as producer, if he or she has been credited onscreen with "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By" for a miniseries or made-for-television movie originally telecast between January 1, 2010 and December 31, 2010 (the “Eligibility Period”) and has exercised responsibility for a majority of producing functions on the program. a. An eligible miniseries is 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 with a total running time of at least four (4) broadcast hours and at least 50% of the episodes telecast within the Eligibility Period. b. 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. An individual is not required to be a member of the Producers Guild of America (PGA) in order to be eligible for an award or nomination. 2. Number of Awards. At its discretion, the PGA may initiate and convene an Eligibility Determination to evaluate whether each onscreen-credited producer under consideration qualifies for award eligibility. However, the PGA imposes no numerical limitation on producer credits per long-form program. a. 3. 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 awards eligibility based on his or her individual performance of producing functions throughout the phases of production. Performance of Non-Producorial Role. If, in addition to his or her role as "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By," an individual also contributed to the production in a different, non-producorial capacity (e.g., studio executive, agent, manager, director, writer, actor, etc.), or performed services in a different occupation during production, said individual shall be eligible for an award nomination provided he or she demonstrates responsibility for performing a majority of the producing functions throughout production of the long-form television program and that such performance of producing functions was demonstrably distinct from and in addition to the individual's other contributions to the program. a. Writer. Contributions to the story or script are considered duties discharged as a writer, and shall not be counted towards the individual's producorial duties if the individual received a writing credit. b. Executive/Employee. If an executive or employee of the Production Company*, studio, distributor or network for the production receives credit as "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By," he or she must demonstrate a commitment of time and resources to the production of such significance that it is tantamount to taking a leave of absence from his or her executive duties. * The “Production Company” is defined as the copyright owner, network, primary financier or other business entity authorized to designate the producing credits that appear onscreen in the telecast of the long-form television program within the United States. 4 c. 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. B. JOB DESCRIPTION 1. 2. Producorial Job Description. Subject to the control of the Production Company, the "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By" credit must have exercised significant responsibility and performed a majority of producing functions throughout the four phases of the long-form television program's production: development, pre-production, production, and post-production & marketing. The following considerations shall be considered by the Committee 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. b. 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. c. 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. d. For post-production & marketing, 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. Producer's Responsibility. Subject to the control of the Production Company, the "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By" in long-form television is responsible for performing a majority of the specific job functions indicated in the PGA's Individual Eligibility Form for Long-Form Television. C. PROCEDURES FOR ELIGIBILITY DETERMINATION 1. Notice of Eligibility Determination. If an Eligibility Determination is warranted, and upon receipt by the PGA of a sufficient number of Eligibility Forms from onscreen-credited producers under consideration, the PGA shall notify the individuals under consideration (“Participants”) of the Eligibility Determination. 2. Formation of Eligibility Determination Committee. For each Eligibility Determination, the PGA Administrator shall select from the Eligibility Determination Panel (the "Panel") at least two (2) panelists who shall function with the authority of the PGA as the designated Eligibility Determination Committee (the "Committee") for the long-form television program in question. Each Panelist shall have received an 5 "Executive Producer," "Co-Executive Producer," "Supervising Producer," "Producer" or "Produced By" credit on at least two (2) long-form television programs. Each Committee shall be advised by an attorney designated by the PGA; however, substantive decisions and questions of fact shall be determined exclusively by the Committee. No Panel member shall serve on the Committee if she or he has any vested interest in the outcome of the proceeding. 3. Right to Refuse Panelists. Upon notification of the commencement date of the Eligibility Determination, each Participant shall receive a list of panelists who might potentially serve on the Committee. Each Participant has the right to strike named producers from the Panel provided the Participant has a reasonable and good-faith belief that such stricken panelist(s) might possess prejudice against the Participant which would influence the panelist’s decision. Such request to strike, along with supporting reasoning, must be submitted in writing and received by the PGA Administrator within 48 hours following the submission of the list of Panelists to the Participant. 4. Voluntary Submission of Supporting Documentation. Any Participant or the Production Company may submit statements with additional documentation in support of their respective positions, provided such statements and/or documentation are submitted within 48 hours following the notification of the Eligibility Determination being sent to the Participant. Memoranda, correspondence, or statements from individuals involved in the production which attest to the Participant's active discharge of producing responsibilities will be most useful in the Committee's deliberations. Any information provided by Participants, Production Companies, awards officials relying upon the Eligibility Determination for the purpose of conferring awards or by other respondents contacted by the PGA Administrator shall be held in strict confidence. 5. Review of Documentation. The Committee shall conduct a careful and 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 is to delineate lines of responsibility during the actual development, preproduction, 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 Guild mandates that such testimony shall never be shared with Participants or any other parties. 6. Committee Adjudicatory Procedures. In determining award eligibility, the Committee 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. The Committee shall consider individual contributions of the Participant relative to the specific circumstances of production, granting greater weight to individual contributions likely to reflect substantive producorial duties (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.). Likewise, the four phases of production are not weighted equally. Subject to their reasonable discretion based on the circumstances, the PGA recommends the Committee assess producorial contributions as: Development: 35%; Pre-Production: 20%; Production: 20%; Post-Production/Marketing: 25%. This weighting is valuable because not all producers can perform a majority of the functions during all four phases. Eligibility can be established if a producer is responsible for a majority of the functions in enough of the phases to account for over 50% of the weighting. a. Producers involuntarily removed from production. An exception to the weighted percentages given above occurs 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 the underlying rights to the material and initially developed the original premise; (2) Credit as “Executive Producer,” 6 "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. 7. Confidentiality. To protect the integrity of the process, and to guard against unjust interference, the identity of members of the Committee shall be held in confidence and their work done anonymously. Oral testimony shall be taken only at the request of the Committee, by telephone. Such questions shall be asked by the Committee's attorney or PGA Administrator only. In all other respects, correspondence and other materials received from Participants or third parties and the content of the Committee’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 D below. D. APPEAL OF DETERMINATION TO A POLICY REVIEW BOARD 1. Request for Appeal. A Participant may request an appeal of the Committee's determination. Such requests must be in writing and filed with the PGA Administrator within 48 hours of the Participant's notice of the Eligibility Determination, or the PGA's publication thereof, and must state the grounds for the appeal in reasonable detail. 2. Grounds for Appeal. Valid grounds for appeal are limited to the following: a. Dereliction of duty on the part of the Committee or any of its members; b. The exercise of undue influence upon the Committee or any of its members; c. Misinterpretation, misapplication or violation of PGA policy as set forth in these Rules and Procedures; or d. Availability of relevant and probative evidence, for valid reasons not previously available to the Committee. 3. Appeals Committee. The appeal shall be presented to an Appeals Committee consisting of the PGA Administrator, at least one member from the initial Committee, and one or two new members selected from the Panel. The Appeals Committee shall be advised by an attorney designated by the PGA; however, substantive decisions and questions of fact shall be determined exclusively by the Appeals Committee. No panelist shall serve on the Appeals Committee if he or she has a vested interest in any aspect of the outcome of the Eligibility Determination. 4. Procedure. Subject to a finding that the stated grounds for appeal are valid under this section, the Appeals Committee shall determine whether the previously rendered Eligibility Determination should be modified. 5. Final Decision. The Appeals Committee shall either uphold the prior determination, or offer a new determination based on its review of the entirety of the evidence presented. The decision of the Appeals Committee shall be final and is not subject to further review. 7
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