Random Thoughts – Randocity!

What is an inclusion rider?

Posted in california, Employment, film by commorancy on March 5, 2018

As Francis McDormond spoke while accepting her Oscar, she left the audience with two final words, “inclusion rider”. What is it? Let’s explore.

Hollywood Contracts

Being a Hollywood actor, director, writer, cinematographer, producer or other cast or crew requires signing a contract with the production for employment. Contracts, as we all know, are legal agreements that you legally agree do whatever is stipulated within the contract. If you’re an actor, you’ll act. If you’re a producer, you’ll produce…. and so on.

However, there are also other items that can be added to contracts to make them sweeter, such as getting a percentage of the back end. The back end could include residuals from such things as box office sales, merchandising, video sales, rentals, etc etc. These can make whatever that person got paid even sweeter. If the production does well, that percentage of the back end could mean an even bigger paycheck. It’s always reasonable to try and negotiate percentages in productions, and while many lead actors and actresses try, getting that deal isn’t always possible. Negotiation of a back end deal is a form of rider. However, this is not the type of rider of which Francis McDormond speaks.

Affirmative Action

Before Affirmative Action began, minorities didn’t get their fair share of consideration during the hiring processes in many companies. Affirmative Action was created to ensure that employers remain equal opportunity for anyone who chooses to apply for a position. This means that an employer cannot turn away anyone for the position solely based on race, creed, color or natural origin (among others). The idea is that everyone must be considered for the position equally so long as they have the necessary skills and qualifications. What does this have to do with an ‘inclusion rider’? Everything..

Inclusion Rider

Hollywood is facing its biggest upheaval in many, many years. With the fall of Harvey Weinstein (and many others), Hollywood faces much scrutiny over unfair practices in productions against not only minorities, but also against women. In particular, McDormand refers to the fact that women have been unfairly treated in Hollywood for far too long. Not only in the sex object perspective, but also from a pay perspective. Francis McDormand’s comment conveys a ton of information in those two words.

An inclusion rider is a legal addition to a contract, specifically, a movie production contract, to ensure that women are fairly compensated and properly represented within the production. However, there’s a whole lot more veiled in these two words. In particular, McDormand’s comment was intended toward the Hollywood A-Listers who command not only a high salary, but a lot of negotiating power when it comes to their employment contracts.

Basically, an inclusion rider means hiring folks into the production in all capacities that represent all ages, creeds, colors, races, lifestyles, genders and so on. Unfortunately this also means sometimes shoehorning cast members into a production who don’t fit the story or setting of the film. For example, the most recent Fantastic Four is a very good example of the use of an ‘inclusion rider’ on the cast. This production hired a black actor for Johnny Storm. This is so far out of place from the original FF comics, it actually made no sense. Basically, that film version took extreme liberties from the the source material of Fantastic Four and rewrote that Susan Storm was adopted into a black family! This was never the case in the comics. In the comics, Susan and Johnny Storm were actual siblings, not adopted siblings and not from a mixed race family. Unfortunately, the production shoehorned in this black actor into this role without thinking through if it made any sense to the source comic material. This is when an ‘inclusion rider’ goes way too far and gets in the way of the casting for the production. To be fair, that casting mistake (and it was a relatively big one) was actually one of the lesser problems with that film version of Fantastic Four. Though, it didn’t help either.

The second example is Star Wars: The Force Awakens. J.J. Abrams intentionally requested a diverse set of ethnicities to be represented in the Star Wars reboot. However, because these stories didn’t exist, casting these characters wasn’t as big of a problem like The Fantastic Four. However, by The Last Jedi, the production had shoehorned the newest character, Rose, played by the Asian female actress, Kelly Marie Tran. Apparently, the production thought they didn’t yet have enough ethnicities represented and threw in yet another another character at a time when the production already had too many characters in the cast. The Rose character just doesn’t work. Sure, they added an Asian female actress, but that was too little, too late for the China audience. China had already written off the latest Star Wars as stupid way before Rose joined the cast. The casting of Rose did not in any way help sway China to accept these newest Star Wars films.

Is an inclusion rider good or bad or even necessary?

I’ll leave that for you to decide. However, from my perspective, the source story material should always rule the roost. An inclusion rider should never attempt to shoehorn diversity in actors or actresses simply because it’s politically correct. If you’re a producer who’s adapting an existing novel to the big screen that contains primarily white male characters as the leads among similar background characters, you shouldn’t recast them using to black, Asian, Latino or female roles just because of an inclusion rider. You should also not include extras who are demographically out of place or who don’t make sense for the source story. The source material should always be upheld for casting as the source story dictates. If you can’t cast a film the way the book is written, you should find another book to translate to film that fits your casting ideals.

Rewriting the source material’s story just to fulfill an inclusion rider is not only heavy handed, it’s insanely stupid, insipid and likely to cause the production to flop. The characters in a book are written to be a certain way and that’s why the story works. If you’re adapting that book to film, you should make sure that you’re being faithful to the source material which doesn’t include changing genders or the ethnicity of any character in a book just to fulfill an inclusion rider. Stick with the source material or expect your movie to fail at the box office.

See: Fantastic Four (2015) and Ghostbusters (2016) to understand just how badly ‘inclusion riders’ can affect your final product.

If you’re writing an original story for film, then by all means write the story so that the characters can be cast in the way that makes the most sense for your production’s inclusion riders. But, don’t bastardize an existing book or adaptation just to fill the cast with random genders and ethnicities that don’t make logical sense for the story or the setting.

As for whether an inclusion rider is even necessary is entirely up to the actor to negotiate. If you feel it’s important for your participation in the film, then yes. But, what’s really more important is you doing your best work possible with the cast who’s hired. Putting unnecessary demands on the producers might, in the long run, hurt your career longevity. That decision, however, is entirely up to you.

Best Production Possible

As a producer, don’t tie your production’s hands unnecessarily by adding stipulations that limit the potential quality of your project. You want your project to succeed, right? Then, keep all of your options open. Adding an inclusion rider that limits your hiring practice may, in fact, limit your production’s chances of succeeding. Don’t limit your production solely to hire under-represented minority groups. Do it because it makes sense for the film’s story and to make that story’s setting more authentic, not because you have an inclusion rider present.

Hiring Values

As for your behind-the-scenes production crew, by all means, hire as diverse as you possibly can. The more diverse the better. As with any business, and don’t kid yourself that a film production isn’t a business, diversity in hiring applies just as much the crew¬†as any other employee in any other business. Diversity in hiring should be included in any capacity that your film needs. Of course, these folks are all behind the camera. However, hire smart, not diverse. This means that you don’t hire just because you want diversity. Hire because the person has the right skills for the job… which means, don’t turn away well qualified Caucasian candidates just because you want to hire diverse. Hire each one of your positions because the candidate offers the skills you need to get the job done, not because of an inclusion rider. Hire for skills, not diversity.

For the cast members in front of the camera, always hire the cast that makes the most sense for the story and produces the most authentic results. Don’t hire diversely just to fill a quota because you feel that an ethnic, lifestyle or gender group is underrepresented on film. That’s the wrong reason to hire a cast. Hire a cast that makes proper sense to tell the story. If that means diversity, great. If it means all white females or all black males, then that’s what the story needs. The story should dictate the cast, not an inclusion rider.

Original Hollywood Sign photo by raindog808 via Flickr using CC 2.0 license

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