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Performers on “Dean Martin Variety Show” win almost $1 million
from DVD settlement negotiated by AFTRA
More than 120 dancers, singers, and actors are sharing in an almost $1-million settlement negotiated by AFTRA for use of their performances in a series of “Best of the Dean Martin Variety Show” DVDs.
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“This is a great day!” beams
Lynne Latham
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“I can't believe this is happening,” said Larri Thomas, a dancer from the 1968 and 1969 seasons of the show. “You don't know how many times I've heard that the check is the mail,” she laughed as she recently picked up her check.
Performers and their heirs are now receiving checks from the $936,000 settlement – many of them for several thousand dollars – for performances in the 28 DVDs that have been released to date and in two infomercials.
Also, many performers will be eligible for AFTRA Health insurance, as well as earned enhanced pension benefits, with payments from the settlement. |
“That's what AFTRA is for,” said Jerry Trent, a dancer from the 1968 season.
“One of the dancers from the show saw the infomercial at 3 a.m. and told me about it,” Jerry explained. He then contacted AFTRA, which set into motion arbitration and negotiations.
The performers helped develop the claim as many reviewed the set of 28 DVDs to identify dancers, singers, and actors from the series that ran from 1965 to 1974. “We put names to faces,” Jerry said. |
“It’s not just the money, it’s the principle,” explains Kate Kahn (with
David Besbris, Director, AFTRA Los Angeles Local Television Department) |
“That’s what AFTRA is for,” notes Jerry Trent (right with
David Besbris) |
“The detective work by the performers to identify as many other performers as possible who appear in the DVDs was invaluable,” said David Besbris, AFTRA Los Angeles Local Director of Television, who directed the case against Greg Garrison Productions, the original producer of the “Dean Martin Variety Show.”
In 2004, the claim presented a unique question before a neutral arbitrator: what is the remedy where a company was required to obtain AFTRA consent to use clips of programs in a compilation DVD series but failed to do so?
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The arbitrator ruled in May 2005 that the company had violated the AFTRA Network Code by failing to obtain AFTRA consent before using the clips. He further ruled that the company was required to pay a fee to every performer for each DVD in which they appeared.
The arbitrator did not, however, state what program fee to use – and ordered that AFTRA and the company negotiate a fee.
The settlement is the second largest ever negotiated by AFTRA for members.
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“I can't believe this is happening,” says
Larri Thomas (with David Besbris) |
“It's not just the money,” said Kate Kahn, another performer on the series and a former AFTRA Los Angeles Local board member, “it's the principle.” Performers have rights that must be respected, with help from AFTRA.
"Lynne Latham, who performed during the 1971 and 1972 seasons, said the settlement helps make up for “those checks for $3 that used to come in the mail. It's great to finally get something more.”
AFTRA is still pursuing claims for payment to guest stars who appear in the DVD set.
If you – or someone you know – performed on the “Dean Martin Variety Show,” you – or that person – may be due payment from the settlement. Please, contact David Besbris at 323.634.8116, DBesbris@aftra.com, or Frank Messineo at 323.634.8183, FMessine@aftra.com, for more information.
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