The two associations issued a document requesting the crew to establish a professional ethics evaluation system for cast members.
According to the website of China Internet Audio-visual Program Service Association, the China Federation of Radio and Television Social Organizations and China Internet Audio-visual Program Service Association released the "Production and Operation Specification for TV Network Drama Film Group (Trial)" on 26th. It is pointed out that the crew should establish a professional ethics evaluation system for cast members, and if there is conclusive evidence for the behavior of cast members who violate professional ethics, they should report it to their respective industry associations or relevant departments. Production institutions should consciously resist the unhealthy trend of unreasonable high pay and limit the proportion of actors’ pay to a reasonable production cost, and the total pay of all actors should not exceed 40% of the total production cost, of which the main actor’s pay should not exceed 70% and other actors’ pay should not be less than 30%.
The full text is as follows:
Production and operation standard of TV drama network film crew (for Trial Implementation)
In order to further promote the normalization and standardization of the industry, strengthen the production supervision and standardized management of TV dramas and online dramas, ensure the life and property safety of film crew members, reasonably and effectively control production costs, resist unhealthy practices in the industry, put an end to violations of laws and regulations, and promote the high-quality development of TV dramas and online dramas. According to the Civil Code of People’s Republic of China (PRC), the Labor Law of People’s Republic of China (PRC), the Law of People’s Republic of China (PRC) on Safety in Production, the Regulations on the Management of TV Drama Content, the Constitution of the China Federation of Radio and Television Social Organizations and the Constitution of the China Internet Audio-visual Program Service Association, and in combination with the characteristics of the industry, the production and operation specifications for TV drama network film crews (for Trial Implementation) (hereinafter referred to as this specification) are formulated.
Chapter I General Provisions
Article 1 The establishment of a TV network drama film crew (hereinafter referred to as the drama crew) shall meet the requirements that the drama has been filmed and produced by the competent government department for the record and publicity, and there is sufficient shooting fund guarantee and good market expectation. Producers and contractors should adhere to the correct political direction, value orientation and aesthetic orientation, spread advanced culture with a high sense of social responsibility, adhere to artistic standards and quality norms, and strive to create excellent works with profound thoughts, exquisite art and excellent production.
Article 2 The crew must abide by the relevant laws and regulations on the production and production of TV dramas and online dramas, ensure the safe and efficient operation of the filming work, and assume the responsibility for safe production of the filming work according to law.
Article 3 The crew must strictly comply with the requirements of the State Administration of Radio, Film and Television, and further strengthen the management of the costumes on the basis of ensuring the correct orientation of the themes and ideas of the plays, especially strengthening the detail control, being serious and meticulous, putting the responsibilities on specific departments and personnel, effectively preventing the improper use of costumes and other specific pictures and sounds from the source, and making every effort to ensure that the details of all aspects meet the requirements and are not problematic.
Article 4 The crew must strictly implement the Notice of the State Administration of Radio and Television on Further Strengthening the Management of the Creation and Production of TV dramas on the Internet (No.10 [2020] of the State Administration of Radio and Television) and the Notice Requirements of the State Administration of Radio and Television on Further Strengthening the Management of Radio, Television and Online Audiovisual Programs (No.60 [2018] of the State Administration of Radio and Television), strictly implement the Opinions on the Allocation Ratio of the Production Cost of TV dramas on the Internet, and resolutely resist unreasonable high pay; Strictly regulate the management of TV drama pay contract, and strictly prohibit "yin-yang contract", "sky-high pay", tax evasion and other illegal acts; No vicious competition, no actor as the sole bargaining standard, and resolutely curb the bad behavior of asking for and driving up high pay.
Article 5 crew members must abide by national laws, regulations and policies, practice socialist core values, carry forward the spirit of patriotism, and resist all acts that undermine national honor, religious beliefs and national unity, as well as all kinds of cult organizations and illegal activities and acts that endanger social stability and unity; Abide by social morality, public order and good customs, and put an end to pornography, gambling, drugs and other illegal acts; Abide by the convention on professional ethics and industry self-discipline; Perform legal obligations such as paying taxes according to law. If there is any violation, depending on the seriousness of the circumstances and consequences, corresponding penalties can be imposed according to the provisions of national laws and regulations and the relevant provisions of the crew contract, and the losses caused to the crew can be compensated.
Article 6 This Code is applicable to the management of the crew in the preparation period, shooting period, post-production and publicity and distribution process.
Chapter II Requirements for Responsibilities
Article 7 Requirements for Producers’ Responsibilities
1. The crew implements the producer-centered system. Producer is the chief person in charge of the TV network drama project and the core organizer and manager of the drama group. Entrusted by the producer (or contractor), producer is responsible for effectively managing the whole process of production and operation of TV network drama, completing all-round organization and management from script planning, fund-raising, team formation, shooting and production to publicity and distribution, successfully completing the shooting task and bringing TV network drama to the market, and maximizing social and economic benefits on the premise of giving priority to social benefits.
2. Producers shall strictly check and reasonably select writers, directors, leading actors, photographers, artists and other crew members and personnel of various departments according to the Post Setting of Major Departments and Personnel of TV Network Drama Film Team (see Annex 1 for details). The crew must formulate a contract for the employment of cast members, which should clearly stipulate the specific duties, rights and obligations of the cast members, and be checked by professional lawyers. Finally, the producer authorized by the production unit (or contractor) will sign with all kinds of cast members.
3. Producers should explore new technologies for the production of TV dramas and online dramas, and use advanced production management methods to scientifically manage the project in terms of planning, production, cost, quality, process, team and risk, so as to promote the safe, efficient, economical and environmentally friendly production of the crew.
4. Producers should strengthen political literacy, improve artistic accomplishment, enhance aesthetic ability, have quality requirements such as planning ability, decision-making ability, management ability, public relations ability and management ability, and constantly improve management innovation ability.
5. Producers must have good professional ethics, be honest and trustworthy, have standardized management, be fair and impartial, love their jobs and be dedicated to their work, resist the bad atmosphere in the industry and refuse to violate the law and discipline.
Chapter III Work Process Management
Article 8 All creative workers and staff of all departments should actively understand the ideological and artistic requirements of the works, familiarize themselves with the scripts, analyze and plan their respective work and responsibilities, do a good job in desk work, and actively engage in creation and innovation.
Article 9 The work of the production department should run through the production of TV dramas and online dramas, listen carefully to the suggestions and demands fed back by various departments, coordinate the production arrangements of various departments and make detailed shooting plans. The implementation of the plan should be effective and timely, and important plans should be implemented to every staff member in each department. All departments must make good preparations according to the shooting plan and act in unison. The shooting plan shall not be changed without approval. In case of special circumstances, it is necessary to change the plan, which should be approved by the production department.
Article 10 Producers shall timely inspect and supervise the progress and quality of the execution of the shooting plan, monitor the specific implementation of the management cost and shooting budget, and make timely adjustments to the parts that are not suitable for execution and unpredictable in practice.
Article 11 During the filming process, cast members should communicate and negotiate with the director and producer in advance if they do have reasonable creative suggestions, put an end to putting forward opinions that affect the filming plan on the spot, and resolutely oppose the bad behavior of on-the-spot strike.
Chapter IV Safety and Security
Article 12 Insurance system
1. The crew has the responsibility to ensure the life safety of the cast members and purchase compulsory insurance (personal accident insurance and personal accident medical insurance) for all the cast members, especially the cast members of high-risk special jobs. At the same time, cast members who apply for high-risk special jobs should issue physical health certificates and relevant professional qualification certificates. The treatment of accidental work-related injuries should be strictly implemented in accordance with the relevant provisions of the state. Once an accident occurs, the crew should coordinate the insurance company to make claims in time while actively treating it.
2. In order to ensure the safety and reduce the uncontrollable risks of the crew, the crew should give priority to the shooting scene (including the studio) with the site insurance, so as to ensure the safety of the crew in the shooting site and the compensation for the damage of the site itself.
3. The crew can purchase corresponding property accident insurance for the important equipment, clothing and props of the group according to the needs.
4. The crew vehicles must be insured by the vehicle owner on time and not less than 500,000 third party accident insurance, and the crew shall not use vehicles without insurance.
Article 13 Safety in production
1. The crew must abide by the relevant laws and regulations of the state, employ professionals who are recognized by the national public security, fire control and safety production management departments and have qualification certificates, and use fireworks, guns, ammunition, chemical materials and other items safely. Strict safety custody, safe use and safety inspection systems should be formulated, and full-time responsibility should be taken in the safety management and use process of fire prevention, theft prevention and explosion prevention, which should be implemented to each specific responsible person, and each item must be signed and accepted when it is used and handed over.
2. The equipment and equipment used by the crew for early and late production must be managed by special personnel from all departments, and the system that the responsible person is responsible for the damage, loss and theft of the equipment and equipment must be strictly implemented.
3. The crew should formulate a strict safety management system to respect and protect the life safety and personal property safety of the cast members. If there is any theft, damage or injury, it should be verified and solved in time, and if necessary, it can call the police or file a lawsuit.
4. Strictly manage and scientifically dispatch vehicles to prevent fatigue driving, drinking driving and illegal driving; Construction departments such as art scene setting and unconventional operation departments such as on-site lighting field affairs must take safety protection measures to ensure that there are no hidden dangers; Special departments such as martial arts stunts, vehicle equestrian, firearms and fireworks, underwater and aerial photography must focus on prevention, formulate safety shooting plans, and complete the work by professionals.
5. When the shooting scene is in a non-smoking environment such as public places, cultural relics protection units and forest areas, all crew members should implement the non-smoking regulations.
6. We should strengthen the protection of the animals participating in the shooting, set the corresponding animal shooting time and safety protection measures according to the shooting situation, use the animals provided by professional animal training companies and personnel to shoot as much as possible, and do not harm or abuse animals.
Article 14 Emergencies
1. The crew should formulate emergency plans according to different situations in their work. If they encounter various emergencies or accidents, they must attach great importance to them, take them seriously, properly handle them, and call the police in time or seek help from the local government and relevant departments when necessary.
2. When the crew encounters unforeseen and force majeure factors (including epidemic situation, natural disasters, policy norms, government control, etc.) that cause economic losses, they should obey the management of the local government, report to investors, insurance companies and other relevant departments in time, seek solutions, do emergency treatment and aftermath, and minimize economic losses as much as possible.
Article 15 Employment management
1. The crew has the right to dismiss in advance according to the contract, and the remuneration can be paid as appropriate according to the time and workload of joining the group, and the economic losses caused to the crew should be compensated accordingly.
2. Temporary extras and temporary staff should be carefully selected, and the crew must sign a labor contract with the organizer (labor dispatch company) or himself when hiring, and require to issue identity certificates and health certificates, subject to unified management.
3. The crew shall strictly implement the relevant laws and regulations of the state and shall not employ minors at will. If it is really necessary to choose a minor to play the role according to the content of the plot, a contract should be signed with the guardian or legal representative of the minor. Attention should be paid to protect their personal safety and mental health when shooting, and the working hours should be arranged reasonably according to the age of minors, and the time for cultural study and rest should be guaranteed.
4. The crew shall set standards, arrange accommodation and travel for cast members according to their professional level and actual needs, and stipulate them in the contract to prevent specialization and comparison.
5. The crew must, in accordance with the relevant labor security management requirements, reasonably arrange work and rest time, ensure the rest of the cast members, ensure work efficiency and complete the shooting plan.
6. During the working period of the cast, the cast members shall, in principle, not concurrently hold the jobs of other cast members. In case of important matters such as overseas visits, national performance tasks and participation in awards, you must report in advance and get permission from the producer before you leave the group.
7. The crew should establish an evaluation system for the professional ethics of cast members. If there is conclusive evidence for the behavior of cast members in violation of professional ethics, they should report it to their respective industry associations or relevant departments.
Article 16 Health guarantee
1. The crew should be concerned about the health of the cast members and establish a sound health management and epidemic prevention mechanism. If infectious diseases or unexplained diseases are found, the patient should be isolated at the first time and reported to the local hospital and health and epidemic prevention department, and strict prevention and control measures should be taken to prevent the spread of infectious diseases.
2. The crew should effectively ensure the food hygiene and environmental hygiene and safety, and the life producer should arrange the catering reasonably according to the food standard to ensure the nutrition and hygiene of the cast members.
Chapter V Remuneration for Labor Services
Article 17 The labor remuneration and its standards for cast members shall be formulated by the production unit (production organization), and relevant personnel shall abide by the contract.
Article 18 The crew shall pay the labor remuneration of the cast members in full and on time as agreed in the contract, and there shall be no breach of contract such as deduction or unreasonable delay in payment.
Article 19 Production organizations should consciously resist unreasonable high pay and other unhealthy practices in the industry, strictly implement the relevant provisions of the state, and the Opinions on the Allocation Ratio of TV Network Drama Production Cost jointly issued by the TV Production Committee and Actors Committee of China Federation of Radio and Television Social Organizations, China Network Audiovisual Program Service Association and China TV Drama Production Industry Association, and limit the actor’s pay ratio to a reasonable production cost range. The total remuneration of all actors shall not exceed 40% of the total production cost, of which the main actor’s remuneration shall not exceed 70% and other actors’ remuneration shall not be less than 30%.
Chapter VI Production Management
Twentieth shooting production management
1. The crew should strictly abide by the relevant laws and regulations of the state on the protection of the environment and cultural relics, consciously protect the environment and cultural relics, resolutely stop the barbaric shooting behaviors such as destroying the natural environment and national cultural relics, and make filming civilized.
2. The crew should obtain the permission or support of the relevant departments of the local government when shooting on location. The organization of the crowd on the shooting site should prepare in advance and issue notices to discourage the masses from paying attention to the ways and means. They must not be rude and do not conflict with the masses.
3. The crew should obtain the approval of the relevant administrative departments in the process of shooting the surrounding environment (especially aerial photography) involving military and confidential facilities, and strictly keep state secrets.
4. Strictly abide by the national ethnic and religious policies and respect folk customs, folk customs and religious culture.
5. The crew should practise thrift, oppose extravagance and waste, and reasonably control the production cost.
6. The crew should make a rigorous and meticulous shooting and production plan, and all departments should complete the pre-preparation, shooting and post-production tasks with high quality and effectiveness according to the work plan and process, combined with the cost budget and production cycle.
7. In order to ensure the production order, shooting plan and production quality, the crew should formulate a clear division of responsibilities and a department head responsibility system. All losses caused by work mistakes and delays due to violation of crew regulations should be investigated for the economic compensation responsibilities of their subordinate departments and specific responsible persons according to the law or according to the prior agreement. If heavy losses are caused, they should also be investigated for their legal responsibilities.
Article 21 Financial management
1. The crew must strictly implement the national tax policy, all cast members should consciously pay taxes according to law, and the withholding agent should fulfill the legal obligations such as withholding and remitting according to law.
2. The accounting personnel employed by the crew must obtain the qualification certificate of the national industry assessment, and should strictly implement all kinds of contracts involving financial content signed by the crew, abide by the contracts and act according to regulations.
3. The crew should formulate an objective, reasonable and qualified shooting cost budget according to the important factors of the project, such as the subject matter, production scale, collection volume, cast, shooting cycle, shooting location, etc., and manage and control the crew’s finance, contract, budget and funds strictly and effectively according to the law, so as to ensure the smooth completion of the shooting and production of TV dramas and online dramas.
4. Before starting up, the crew should make all preparations for the fund guarantee plan and financial expenditure, rationally allocate and use funds, supervise and audit the budget of each department, and make good cash reserves to deal with accidents.
5. The signing of all contracts and all payment, loan and reimbursement procedures of the crew shall be carried out in accordance with the Financial Management System and Implementation Process of TV Network Drama Film Group (see Annex 2 for details) on the premise of complying with national laws and regulations, so as to ensure fairness, openness and justice, and to eliminate irregularities.
6. The placement advertisements of TV dramas and online dramas shall comply with the relevant laws and regulations of the state and meet the needs of the plot, and the crew shall clearly stipulate them in the relevant contracts.
7. Before the crew is dissolved, it should actively cooperate with the relevant government departments to complete the settlement and disposal of creative subsidies, support funds and other funds, otherwise the company applying for the relevant funds should bear corresponding responsibilities.
Twenty-second procurement lease management
1. The crew must establish a perfect and meticulous property management system, and the financial personnel shall pay the money and collect the invoice when purchasing the production materials, consumables and daily necessities. All purchased equipment, equipment, articles, tools, office supplies, consumables and leased equipment must be managed at different levels by a special person, and the acceptance shall be recorded and a detailed list shall be made. For non-consumable assets, the financial personnel should register the relevant assets and mark the user department and the handler, so as to facilitate the relevant person in charge to count and recover. In the process of shooting, the production department should regularly check the use and storage of items.
2. All items purchased by the crew belong to the producer or producer, and no individual may occupy, lend, embezzle or sell them at will. If the above acts cause economic losses to the producer or producer, the responsible person shall bear legal responsibilities such as corresponding compensation.
Twenty-third transportation management
1. The transportation tools used by the crew should be dispatched and managed by special personnel, including but not limited to vehicle entry and exit procedures, vehicle deployment, refueling management, reimbursement management, etc. No one has the right to use the crew’s vehicles without authorization.
2. Drivers should abide by traffic laws and regulations, drive safely, prevent fatigue driving, prohibit drunk driving, and not lend others to drive, otherwise the lender will be responsible for traffic accidents; Drivers should take good care of their vehicles and ensure that the means of transport are in good working condition.
3. Vehicle management personnel should strictly control the consumption of oil materials, prevent illegal and criminal acts of embezzling and stealing oil materials, and immediately send them to the public security department for investigation once found.
Article 24 Quality management
1. In order to ensure the artistic quality of works, in the process of production management, producers, directors and creative teams should strictly follow the requirements of the State Administration of Radio, Film and Television and relevant administrative departments, strictly control the quality, and strive to create excellent works with "profound thoughts, exquisite art and excellent production" with the goal of "truth, goodness and beauty". Excellent quality management should run through all aspects of TV production.
2. All departments should pursue refined production, and strengthen the details in performances, scenes, costumes, makeup, props, music, etc. to ensure that there are no illegal contents; Producers and directors should strictly supervise the production work at all stages, implement the production of the "Description Table of Specific Pictures and Music Usage" of the General Administration, control the quality of the final works, and ensure that the works achieve their due ideological height, artistic quality and technical standards.
Article 25 Work discipline and team management
1. All cast members must strictly abide by the rules and regulations of the cast, consciously fulfill the responsibilities and obligations in the signed cast employment contract, and actively complete their own work.
2. The crew is strictly prohibited from drinking, fighting, bullying and other bad behaviors; Put an end to all passive slacking. If there is a strike that affects the filming progress, the organizers and participants of the trouble should compensate for the economic losses until they are removed from the crew.
3. The crew is a unified whole, and the cast members should respect each other and treat each other as equals; For the sake of safety and convenience for work, the crew should concentrate on accommodation and dining according to the normal budget standards, and they are not allowed to stay out or stay in groups without approval; The crew should oppose the unhealthy trend of extravagance and vanity, showing off wealth by comparing with others, and not provide living conditions such as accommodation and lodging that exceed the normal standards.
4. The improper words and deeds of the cast members will have a negative impact on the TV dramas and online dramas they participate in. The cast members should exercise self-discipline according to the provisions of the contract. If the works suffer specific losses due to their improper words and deeds (including but not limited to stopping broadcasting, withdrawing files, canceling the film purchase contract, etc.), the producer (production organization) has the right to investigate their responsibilities and claim compensation.
5. It is the responsibility and obligation of all members of the crew to protect the copyright of the works. Without the permission of the crew, no one may disclose the plot (including the character modeling) and the shooting situation to the outside world and the media.
Chapter VII Administration of Copyright and Signature
Twenty-sixth regulate the management of TV drama network drama signature, according to the following specifications:
(1) Sign in accordance with laws and regulations
According to the provisions of People’s Republic of China (PRC) Civil Code, People’s Republic of China (PRC) Copyright Law and other laws and regulations, we should sign according to laws and regulations, and build a good order of works signing.
(2) Honesty and credit signature
The signature of the work should truthfully reflect the ownership of the work.
(3) Clear and orderly signature
The signature at the beginning and end of the film shall be signed according to the order agreed in the contract. Foreign actors or staff shall be marked with nationality, and actors or staff from Hong Kong, Macao and Taiwan shall be marked with corresponding areas to form clear and orderly signature rules.
(4) specification expression signature
Protect the legitimate rights and interests of copyright owners, promote the copyright transaction of works, and avoid such situations as misnaming, using abbreviations and logos, and different signatures of different carriers. Signature strictly uses the standard subject name and Chinese character expression.
(5) Copyright statement
At the end of the film, the copyright mark "Statement of Rights/Year of * * * * The complete copyright of this work belongs to * * *" was added to publicize the copyright ownership of the work.
(6) exclusive rights statement
The subject enjoying one or more exclusive copyright property rights shall be indicated in the copyright statement.
Article 27 consistency of signature
When the production organization delivers to the broadcasting organization or distribution organization, the signature shall be consistent with the version examined and approved by the administrative department of radio and television.
Article 28 Signature of cast members
For those who are not signed by the right holders of TV dramas and online dramas, they should not be signed at the "production unit" or "production unit", so as to prevent the occurrence of false names, substituted signatures and missing signatures.
The way, order and location of the cast members’ signatures in TV dramas and online dramas are stipulated in the employment contract. Producers should communicate and agree on the signature issue when signing the employment contract with the cast members to avoid the occurrence of signature disputes such as ranking competition.
Auxiliary staff who are not directly involved in artistic creation do not sign at the end of the film.
Chapter VIII Supplementary Provisions
Article 29 The technical standards for the supply of finished TV dramas (that is, the requirements for the duration, signature, image, sound, subtitles, packaging format, storage media and quality of TV dramas) shall be implemented in accordance with the Specification for Mastering TV Plays promulgated by the State Administration of Radio, Film and Television. Technical standards such as video format and parameters of online dramas shall be implemented in accordance with the Specification for Naming and Parameters of Video Format of Online Audiovisual Programs promulgated by the State Administration of Radio, Film and Television.
Thirtieth in order to strengthen the management of TV network drama shooting, to ensure that the production work is carried out in a professional, efficient, economical and orderly manner, combined with the characteristics of the industry, the post setting of main departments and personnel of TV network drama shooting team (reference) is formulated. See Annex 1 for details.
The producer shall set up a film crew to shoot and produce according to this standard, and the types of work involving national security technology and other requirements shall be certified according to relevant regulations.
Article 31 In order to strengthen the financial management of the TV network drama crew, standardize the financial reimbursement process of the crew, implement cashless management of the crew and uniformly implement the online payment regulations, reasonably and effectively control all expenses, save costs, oppose waste, and put an end to unhealthy practices and violations of law and discipline, the Financial Management System and Implementation Process of the TV network drama crew is formulated according to the actual situation of the industry. See Annex 2 for details.
Article 32 The China Federation of Radio and Television Social Organizations and China Network Audiovisual Program Service Association jointly formulate this Code, and the Television Production Committee of the China Federation of Radio and Television Social Organizations is the executing agency.
Article 33 This Code shall come into force as of the date of promulgation.
