Why does TV have its clause out

The exclusivity clause in television contracts is often the reason for friction between producers and actors, often leading to much drama off screen than on it.

TV actress Shilpa Shinde’s very public spat with her production house recently has once again brought to the fore the tensions that lurk on the sets of a television show. Tight deadlines and even more tightly bound contracts often cause friction among a show’s cast and production house, and in cases such as Shilpa’s, get a tad nasty and call for external intervention — from the Cine and TV Artistes Association (Cintaaa). For a few days now, Shilpa and the production house of Bhabhiji Ghar Par Hai have been bickering over the exclusivity clause in the former’s contract. Shilpa wanted to be part of a rival channel’s show — a prospect that wasn’t welcomed by the production house since she had signed a contract to be exclusive with them.

After much mud slinging from both sides and threats to drag each other to court, Cintaa has directed Shilpa to resume shooting — a directive she has blankly refused to follow. Honorary general secretary, Cintaa and member of Joint Dispute Settlement Committee (JDSC) said, “Yes, Shilpa has been asked to do what is legally and ethically correct. We have told her to report on the sets and continue shooting for the show. A formal written order will be issued to her today conveying our decision to her. We heard both the parties and studied the documents submitted to us in detail. Shilpa has indeed signed an exclusivity contract, which states the actress will only work exclusively for the production house till the show is on air. How can she leave the show We also discovered that she has been lying to the media saying she is being replaced. That is not the case at all. In fact the producer is keen on having the actress back. Shilpa has to resume shoot for the show. If she disrespects our decision, disciplinary action will be taken against her.”

This is not the first time that the clause has been a bone of contention in a fight.

Giaa Manek had breached the exclusivity contract of Saath Nibhana Sathiya to be part of dance show Jhalak Dikhhla Jaa. As a result, she was replaced by Devoleena Bhattacharya on the show. Another actor Varun Sobti gave an ultimatum to a TV show saying he won’t be able to continue as a result of which the show abruptly shut down.

Rajan Shahi, producer of Yeh Rishta Kya Kehlata hai is understandably sympathetic towards the show makers. He says, “Producers, broadcasters and writers put in a lot of time, efforts, energy and money to build a character and brand it. No doubt the actors are putting in equal efforts too. Actors should understand that if they do something against the mould of the character on a different platform, it wouldn’t be good for my show or the channel. It’s my responsibility to safeguard the character and exclusivity clause helps me do just that. If the actor breaks the clause and goes to a different channel or a show, the audience gets biased since they have associated a particular face with the character.

I have seen lead actors hold the team to ransom and throw tantrums, but the producer and the channels tolerate them because they can’t be replaced. Actors want too much too soon, they start exploiting the character that built them and gave them a platform and want to capitalise on it. They should be first committed to the show that gave them fame, instead of being short sighted and running behind money because once the industry knows that they are unprofessional, they won’t get shows and their careers will simply collapse.”

Producer Deeya Singh couldn’t agree more. Associated with productions like Banegi Apni Baat, Just Mohabbat and Jassi Jaissi Koi Nahin she says, “We follow an exclusivity contract for lead characters who are working with us through the series. The exclusive contracts are signed on much before the actors join the show so that there is no confusion when they take up the role. Serials are written according to the characters, so if an actor decides to quit the show mid-way, it leaves the production in a lurch. I give my actors a week’s time to let them consult their lawyers before the sign up for it.” Praising the popular Jassi she recounts, “Mona Singh gave us four years of her life and that worked very well in her favour. Daily television shows can’t be taken lightly since there is too much riding on the lead characters. A lot of newbies who are desperate to get a break in the industry, don't understand the kind of commitment it requires from TV actors.”

Other actors who have abruptly quit shows over difference of opinion are Smriti Irani, Rajeev Khandelwal, Vivian D'Sena, Amar Upadhyay and Rashmi Desai — most of them due to a fallout with the production house.

Actor Gunjan Utreja agrees with the producers when he says, “It takes all kind of people to make this world. I cannot talk for others but I have always read my contracts and understood the meaning of exclusivity and honoured my contracts. A channel or producer invests in building a character and make actors into stars. It is unethical to not honour the contract. I don’t think anyone can forcefully make anyone sign a contract.”

But not all hold the same opinion. Ajay Chaudhary, best known for playing the lead role in Phulwa doesn't quite agree. “Only once I was offered exclusivity clause and I didn't opt for it. This clause can be beneficial both ways, depending upon how one uses it. Monetarily if the deal is good then it's worth it. Exploitation of actor may happen because of the clause and an actor also can misuse the situation and the clause. When one is offered a meaty project, the pressure to grab the offer is always there and no one wants to lose out on a good show. Every actor wants to work on a good show and set up.”

But the tussle isn't as bad as it seems, assures Prasad Barve. Known for his role in Pritam Pyare Aur Who, Barve believes that any issue can be sorted out amicably. Recounting a particularly pleasant experience he says, “I remember one incident with JD (Majethia) sir. while shooting for a daily soap. I was asked to play a lead in Telugu film and when I asked him, he willingly helped me and went out of his way. In fact, the production house helped me to end my track before time as they saw a better opportunity for me in that project.”

Inputs from Sameena Razzaq