SEX, NUDITY & YOU

Work that involves nudity or simulated sex places performers in uniquely vulnerable situations. This work is, and always should be, something a performer is proud of……

  Thank goodness for the Screen Actors Guild legal department for ensuring our rights on a movie set. The 2020-SAG-Aftra contracts include many new rights for actors shooting nude and semi-nude scenes, simulated sex scenes and intimate scenes. Work that involves nudity or simulated sex places performers in uniquely vulnerable situations. This work is, and always should be, something a performer is proud of and something they engage in willingly. To  protect a performer’s immediate and ongoing comfort and safety, key factors include ensuring that performers have:

    1). Appropriate notice of nudity and simulated sex required from a role and audition process;
    2). An opportunity to provide meaningful, written consent free of pressure or coercion;
    3). Written riders that outline the parameters of nudity or simulated sex; and
    4). Safe and secure working conditions that are not detrimental to their health, safety, morals and career.

On a set I was working on, the Director actually had the STUNT TEAM work as security with our backs turned toward the set as to make sure the Actor had all the privacy possible. Remember, you are the actor, this includes background actors.

............................AUDITIONS..........................

Before the Audition

1). Producers cannot have performers submit nude photographs or self-tapes as part of the audition process.

2). If nudity or simulated sex acts are expected of a role or there will be a modesty garment final audition, It has to be attached to the casting notice itself, (if hired, the rider is required 48 hours before call time).

3). Casting professionals have been directed to provide background actors with as much information as possible about required nude photography or simulated sex; the specific physical activities required, the type of attire, and if they will be interacting with others.

4). Performers must be provided with the name and phone number of a designated producer representative and/or a hotline to address questions about the rider.

AUDITION LOCATION

1. A “Closed Audition” means:
Your audition must only be seen by those “essential.” In other words, the fewest people necessary to cast the role. The performer must be provided the name and title of any person in the audition.


2. Any “Closed Remote Audition” (e.g. a Zoom audition during COVID) requires the individuals viewing be visible to the performer the entire time.


3. During modesty garment auditions, performers have the right to have a support peer present, regardless of where the audition is held. No interviews or auditions in hotel rooms and private residences are allowed, unless there is no other alternative.

THE AUDITION

IN THE AUDITION

1. Actual nudity in an audition is always prohibited.
2. Simulated sex in an audition is always prohibited.
3. Auditions for roles that require “nudity,” might involve a modesty garment (pasties, g-string, equivalent underwear or swimsuit). Modesty garment auditions are limited to one final callback, with prior notice.
4. No cattle call general auditions are allowed that involve any kind of nudity or modesty garments.
5. Any footage taken during the final body viewing audition requires prior written consent, and the performer can request the destruction of this content once casting is over.
6. There is a ban on recording using personal phones and devices in auditions whenever nudity or simulated sex are involved.

Intimate Scene Riders

  A performer’s performance or depiction in a scene requiring nudity or simulated sex acts is conditioned on their prior written consent, which should take the form of a rider attached to their contract.
The rider should:

… Outline descriptions of the intimacy they are agreeing to do on set and how it will be depicted in the final picture.
… Be something agreed to in negotiation between the performer (or their representative) and production.

… Include if the performer will be nude or partially nude, including which intimate body parts will be shown, and the simulated sex acts of each scene.


… Include script pages of relevant scene(s), if available.

  A rider provides an opportunity for meaningful, considered consent. Performers should never be pressured or coerced into signing a rider, ensuring they only commit to performances and depictions they are personally comfortable with.

Production

* ON SET
1. No last-minute requests for nudity and simulated sex. There is a new 48-hour rule in which producers must give the performer and professional representatives at least 48 hours before call time to review/negotiate rider for nudity/simulated sex. Last-minute changes are prohibited. If a producer wants to request any change to what was agreed upon, the performer must be given an additional 48 hours prior to call time.
2. A producer is never permitted to request that performers engage in real sex acts.
3. Background performers asked to perform simulated sex act or to perform in the nude without notice or consent must still be paid, even if they decline to do the work.
4. Cover-ups, like a bathrobe, must be provided to performers including background performers, who are nude or wearing modesty garments when not engaged in the rehearsing or shooting of a scene and, if practicable, when there is a pause in rehearsing or shooting.
5. Any intimate body part not agreed to in writing to be shown in the film or on set must be covered on set. This is to make the performer feel more comfortable, and prevent any unauthorized footage.
6. A physical barrier is required for any action that may lead to genital contact. This barrier must prevent the exchange of body fluids and prevent sexual stimulation.

Protocals

The set must be closed to all persons who are not essential to the filming or rehearsal of a scene, meaning that only those necessary to be physically present in the moment are allowed on set.

People who should not be on set during the production of these scenes include other performers not involved in the specific scenes, unnecessary crew members, financiers and studio executives, location owners and visitors.

Monitors should only be viewed by essential members of production. Best practice is to place monitors in a secure, private location.

It is strictly prohibited for any person on set to make recordings using a personal device, including cellphones, mobile devices and personal cameras. Best practice is to prohibit these devices from being on set.

A cover-up must be provided to any performer in the nude or wearing a modesty garment when they are on set but not rehearsing or shooting a scene, or when there is a pause in rehearsing or shooting the scene.

Performers must be provided with the name and phone number of a designated producer representative who can address questions about the interpretation or application of proposed written consent.

..........And Finally...........

Body Doubling & Digital Doubling
A producer may not double a performer (including using digital technology) to depict them in
the nude or engaging in a sex act unless previous consent is given and the depiction follows the
rules of the codified basic agreement, including the exception under Continuing Consent above.

Publicity Materials
No footage or still photography of a performer in the nude may be used for promotional
material unless they have provided prior written consent. If consent is included in the
performer’s original rider, it must be included as an independent, explicit clause.

SAG-AFTRA
Anyone concerned about a situation that does not adhere to the guidelines set out
here should contact the relevant SAG-AFTRA department using the numbers or email
addresses below:

Entertainment Contracts:
844 SAFER SET
(844) 723-3773
EntContractsInfo@sagaftra.org

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