Documentary Theatrical Motion Pictures
Rules and Procedures for 2011 Award Eligibility
TABLE OF CONTENTS
PREFACE ................................................................................................................................................. 3
RULES AND PROCEDURES FOR AWARD ELIGIBILITY
A. GROUNDS FOR ELIGIBILITY DETERMINATION
1. Eligible Documentary Theatrical Motion Pictures...................................................... 4
2. PGA Awards Submission Requirements ..................................................................... 4
3. PGA Awards Voting ......................................................................................................... 4
4. Award Eligibility ............................................................................................................... 5
5. Number of Awards .......................................................................................................... 5
6. Performance of Non-Producorial Role ......................................................................... 5
B. JOB DESCRIPTION
1. “Produced By” Job Description ..................................................................................... 6
C. PROCEDURES FOR ELIGILIBITY DETERMINATION
1. Notice of Eligibility Determination ............................................................................... 6
2. Formation of Eligibility Determination Committee ................................................... 6
3. Right to Refuse Panelists .............................................................................................. 6
4. Voluntary Submission of Supporting Documentation ............................................... 7
5. Review of Documentation ............................................................................................. 7
6. Committee Adjudicatory Procedure............................................................................. 7
7. Confidentiality ................................................................................................................. 8
D. APPEAL OF DETERMINATION TO A POLICY REVIEW BOARD
1. Request for Appeal ......................................................................................................... 8
2. Grounds for Appeal ......................................................................................................... 8
3. Appeals Committee ........................................................................................................ 8
4. Procedure ......................................................................................................................... 8
5. Decision ............................................................................................................................ 8
2 PREFACE
These rules provide a comprehensive overview of the standards and processes utilized by the Producers Guild of
America in determining eligibility for producing honors, including the Producers Guild Awards and the award for
Best Documentary Feature conferred by the Academy of Motion Picture Arts and 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 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 credit in documentary theatrical motion pictures, “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 filmmaking, 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
DOCUMENTARY THEATRICAL MOTION PICTURES
A. GROUNDS FOR ELIGIBILITY DETERMINATION
1.
2.
3.
Eligible Documentary Theatrical Motion Pictures. An eligible documentary film is defined as a
theatrically released nonfiction motion picture dealing creatively with cultural, artistic, historical, social,
scientific, economic or other subjects. It may be photographed in actual occurrence, or employ partial
re-enactment, stock footage, stills, animation, stop-motion or other techniques, as long as the emphasis
is on fact and not fiction.
a.
Composition. Only individual documentary films are eligible. This excludes from consideration
any of the following: (1) episodes extracted from a larger series; (2) segments taken from a single
“composite” program; and (3) alternate versions of ineligible works.
b.
Ineligible Works. Works that are essentially promotional or instructional are not eligible, nor are
works that are essentially unfiltered records of performances.
c.
Eligibility Period. An eligible documentary theatrical motion picture must complete both a
seven-day commercial run in a theatre in Los Angeles County and a seven-day commercial run in a
theatre in the Borough of Manhattan between September 1, 2009 and August 31, 2010 (the
“Eligibility Period”). An extension of the Eligibility Period to September 30, 2010 may be granted
only if the film has legal contracts with exhibitors which guarantee that it will complete both
qualifying runs before September 30, 2010.
d.
Other Qualifying Elements. To be eligible, a documentary theatrical motion picture must satisfy all
other applicable qualifying elements (including, without limitation, running time, manner of
exhibition, language/subtitling and theatrical runs) set forth in Rule Twelve of the 83rd Academy
Awards Rules.1
PGA Awards Submission Requirements. A submission to the PGA Awards for Best-Produced
Documentary Theatrical Motion Picture must include the following:
a.
A completed Notice of Credits form to enter the production into consideration;
b.
Twenty (20) DVDs of the entry in NTSC format without trailers or other extraneous content.
PGA Awards Voting. The PGA shall form a Nomination Committee of twenty (20) PGA members who are
experienced in documentary production to select PGA Award nominees.
a.
Composition of Committee. The Nomination Committee shall be comprised of producers selected
in roughly equal measure by the PGA West Coast Documentary/Non-Fiction Committee Chair and
East Coast Documentary/Non-Fiction Committee Chair, and shall include at least one member of
the PGA’s National Board of Directors. A PGA Administrator shall oversee and administer the
voting process according to these Rules and shall not have a vote. The identity of the Nomination
Committee members and of the Committee Chair shall be held in confidence and their work done
anonymously.
1 Please refer to http://www.oscars.org/awards/academyawards/rules/ for the Academy Awards Rules. 4 4.
b.
Voting for Nominees. The Nomination Committee shall view and rate each eligible submission,
and shall select at least three (3) and no more than (5) films as nominees to be included on the
PGA’s ballot for the Producer of the Year Award in Documentary Theatrical Motion Pictures.
c.
Voting for the PGA Award Recipient. The nominated documentary theatrical motion pictures will
be voted on by the entire PGA membership. The theatrical documentary receiving the highest
number of votes shall receive the award.
Award Eligibility. An individual shall be deemed eligible for an award nomination as producer, if he or
she has been credited onscreen with "Produced By" or "Producer" for an eligible documentary theatrical
motion picture (as defined above) and has exercised responsibility for a majority of producing functions
on the documentary film.
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.
5.
Number of Awards. If there is more than one individual receiving a “Produced By” or “Producer” credit,
the PGA may initiate and convene an Eligibility Determination to determine whether each producer in
question qualifies for award eligibility.
a.
6.
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 "Produced By” or "Producer,"
an individual also contributed to the production in a different, non-producorial capacity (e.g., studio
executive, agent, manager, director, writer, talent, 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 motion picture and that such performance of producing functions was demonstrably distinct from
and in addition to the individual's other contributions to the motion picture.
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 Company2, studio, distributor
or financier of the motion picture receives credit as "Produced By" or "Producer," 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.
c.
Director. Because of the uniquely flexible nature of the producer-director collaboration in the
creation of motion pictures, 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; involvement with the project preceding that of all other producers;
responsibility for all budgetary concerns; securing significant financing; or playing a decisive role in
determining marketing and distribution strategies.
2 The “Production Company” is defined as the copyright owner, primary financier or other business entity authorized to designate the
producing credits that appear onscreen in the motion picture’s theatrical release within the United States.
5 B. JOB DESCRIPTION
1.
“Produced By” Job Description. In common parlance, an individual receiving the “Produced By” credit
for a motion picture is typically referred to as the film’s producer. To avoid confusion with other
producing credits, we refer to this individual as the “Produced By.” The “Produced By” credit is given to
the individual(s) most completely responsible for a film’s production. Subject to the control of the
Production Company, the "Produced By" must have performed a majority of the specific producing
functions indicated in the PGA’s Individual Eligibility Form for Documentary Theatrical Motion Pictures,
demonstrating significant responsibility throughout the four phases of the motion picture’s production:
development, pre-production, production, and post-production & marketing. The following considerations
shall be considered by the Committee in determining eligibility for the “Produced By” credit:
a.
Within the development process, the “Produced By” 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 “Produced By” typically selects key members of the creative team, including
the director, co-producer, cinematographer, unit production manager, production designer and
principal cast. The “Produced By” also participates in location scouting, and approves the final
shooting script, production schedule and budget.
c.
During production, the “Produced By” 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 “Produced By” 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 motion picture in both domestic and foreign markets.
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 theatrical motion picture in question. Each Panelist shall have received a
"Produced By" or "Producer" credit on at least two (2) theatrical motion pictures; in the event that one of
the Participants is also the director of the film, the PGA Administrator will use his or her best efforts to
include at least one (1) producer-director on the Committee. 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
6 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 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 motion picture 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. The PGA suggests that the Committee assess producorial contributions as:
Development: 30%; Pre-Production: 20%; Production: 20%; Post-Production/Marketing: 30%. 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 “Produced By" or “Producer” on
the final cut of the motion picture; (3) Probative evidence of the individual's involuntary removal
from the production process without cause (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.
b.
Producers working to the detriment of production. Notwithstanding the criteria for eligibility set
forth in these Rules, the Committee may take special notice of credited producers who hinder the
filmmaking process through their unwelcome intrusion into aspects of the process outside of their
appropriate sphere. Should the Committee determine that a producer has engaged in such
detrimental behavior, it may, at its discretion, choose to deny eligibility to that producer despite his
or her having otherwise met the standard of responsibility for a majority of producing functions.
7 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.
8