The casting director also implements the hearing requirements assigned in Part III-A below. When equity principal auditions (“EPAS”) and Equity Chorus Calls (“ECCs”)61 are to be held, there is often only the casting director and her team in the room, as was the case with Eisenberg and his assistant on Gay Bride of Frankenstein. Thus, only the casting director can be present to determine whether these most vulnerable actors (the actors of THE EPAs and ECCs are often not represented by agents or managers) can be called back for an audition when creative members of the team will be present with real casting decision-making power. After all, casting directors, like all people, actor friends and favorite actors who want to see them, are good. You will often do what they can to give these actors an audition in front of the creative team.62 As an independent filmmaker (also as a producer of a project), you audition independent casting directors for your project. As an independent director, the casting director is neither a collaborator, nor a partner, nor an agent of the producer and/or the production company. Despite these few procedural challenges, the practical obstacles to the implementation of the new CBA language are low and, although the opposition of casting directors may be somewhat strong, the absence of a strong political constituency that could deter producers and Equity from enacting new rules is one of the awards paid by casting directors for their traditionally unregulated status. This part of the proposal recommends perhaps the most significant change to the casting director`s agreement. The requirement that a casting director entrust confidential information to the creative production team should become the standard element of a casting director`s individual contract. However, due to the existence of restrictive agreements, confidentiality clauses may be subject to significant judicial review141, so manufacturers and CEOs must ensure that the scope of confidentiality is limited to ensure that the clause remains applicable. In addition, enforceability varies from state to state.142 As a general rule, confidentiality agreements are respected when they are “in accordance with the formalities of contract law .
. . . are appropriate in the circumstances, are not outdated, protect information that is not known or easily identifiable, and are not illegal or contrary to public policy. 143 Relatively minor changes to the CBA, combined with major changes to the sunken director`s contract itself, will serve to strengthen the specificity of contractual structures and ensure a more appropriate allocation of liability. However, casting directors will likely be reluctant to make these changes. A casting director interviewed for this article said while watching twittergate: “If I have reactions for an actor, it`s my choice to give it to them privately or through their agent. It`s just a more sensitive, more constructive way of doing things. But the day someone tries to impose restrictions on what I have to say and where I can say it, that`s the day I leave.
122 casting directors have become accustomed to believing that they have total autonomy; Equity and the producers have failed to control the specifics of the casting process.