Thursday, October 01, 2009

Important Information Regarding Non-SAG Franchised Talent Agents

There are some talent agencies that are no longer franchised by Screen Actors Guild. This means that those agents have no legal obligation to abide by the requirements of Rule 16(g), the SAG Agency Franchise Agreement, and that SAG cannot enforce the Agency Franchise Agreement against those agents. The Guild’s leadership will immediately engage in an active campaign to persuade agents to re-sign the Agency Franchise Agreement.

Although members are permitted during this interim period to be represented by an ATA/NATR Talent Agent, members are advised not to sign individual representation agreements if the terms provide less protection than Rule 16(g), the SAG Agency Franchise Agreement. Examples of agreements which provide less protection are those with: a term longer than 3 years, a commission rate of greater than 10% and payment of commission on compensation including penalties, residuals, per diem, etc.

ATA agents have no legal obligation to abide by the requirements of Rule 16(g), the SAG Agency Franchise Agreement, and many of them have chosen not to do so. SAG cannot enforce its agency rules against these agencies. Although members are permitted during this interim period to be represented by these formerly franchised agents, members are advised not to sign any individual representation agreements presented to them (e.g., “general service agreements,” or “GSAs” or “Stare approved agency contracts”) with these entities without first consulting with their Guild, especially if the terms contained therein provide less protection than the SAG Agency Franchise Agreement.

Most GSAs contain provisions which offer SAG members drastically fewer protections than those in the Agency franchise, including, but not limited to, the ability for the agent to commission previously non-commissionable residuals as well as other sources of revenue, and significant alterations in the performer’s ability to terminate his/her agency contract. Members will also note that SAG will not be able to offer its arbitration/mediation services to settle commission or other disputes with these agents since they are no longer under SAG jurisdiction.

What to do if an Actor is handed a General Services Agreements (GSA) to sign:

● Attempt to negotiate terms and conditions that are similar to, or better than, those in the standard SAG Agency Agreement.

● Seek independent legal advice prior to signing any contract that is NOT a SAG Contract.

● Immediately notify SAG’s Agency Department (in LA: 323-549-6745; in New York, 212-827-1444) and provide the Guild with a copy of the GSA so that the union may assist you in reviewing it.

How Much Do Talent Agents Make?

Agents get 10% commission from your income after you work. Now figure if Bruce Willis' agent books him on a job, and Bruce makes $25,000,000 per film, then the agent gets TEN PERCENT after taxes. That would be roughly $1,700,000 for booking Bruce Willis on that job.

But of the hundreds and hundreds of Agents and Sub-Agents in the business, only a tiny fraction of agents make over a million bucks a year. Most agents make less than $30,000 a year, and many don't even make a living off of it, they have other means of finances that allow them to be agents.

There is a HUGE turnover of agents who are starting out within the first two years of becoming an agent because it is extremely hard to become a successful professional Theatrical and/or Commercial Talent Agent. The "average" annual income of a Talent Agent (including these sub-agents, associate-agents, etc.) is roughly $25,000 per year.

What is Commissionable by Your Agent?

Independent Agents

If your agents are Independent (i.e., not affiliated with either ATA and/or NATR), and therefore still franchised by SAG, then these agents (as well as the SAG members they represent) continue to be protected by and bound to the terms and conditions of Rule 16(g). Hundreds of SAG franchised agents across the country have maintained their on-going relationship with SAG, and continue to loyally serve SAG’s members pursuant to the requirements of Rule 16(g). Any standard SAG agency contract you sign with an Independent Agency may be filed with, and processed by, the Guild.

How Film and Television Shows Are Cast

The Film and Television Studios give the "green light" for movies and TV shows to be produced.

Then the production companies hire casting directors, who in turn send out "breakdowns" of the characters being cast.

These "breakdowns" actually are sent out by a service called "Breakdown Services" and are only available to licensed Talent Agencies.

Then the agents at these agencies submit photos, resumes, and sometimes "demo-reels" to the casting directors.

Then the casting directors call in the actors that fit the roles they are casting, usually many many actors are called in.

Then they narrow it down to the best actors who came in and "call back" these actors to read again for the director, sometimes the writer, producer, etc.. Then they narrow it down further, and sometimes there are 3 - 4 "call backs" before an actor is finally hired.

Do I Need An Agent To Be Cast?

Although it is possible to be cast on a show or film with out having an agent, it is very difficult. This usually only happens with smaller roles, and of course with extras. The studios usually only deal with reputable licensed talent agencies when casting acting roles.

In addition, agents are the only ones who receive the "breakdowns" of what roles are being cast at a given time. And in most instances, a studio or production company will not negotiate a contract directly with talent.

I have personally landed several acting roles by randomly sending in my photo and resume to casting directors when I did not have an agent, but it is not common to land roles in this manner.

However, I do recommend sending in to casting directors randomly because you never know if they will be looking for your exact type when they receive your photo and resume.

Important Safety Information

Do NOT incude a home address when sending out your photo and resume. I always recommend using a PO BOX.

Also, NEVER meet someone outside of a professional environment such as a studio, agents, or casting office. Do NOT meet someone at a restaurant, private residence, etc. You should ALWAYS let someone else know EXACTLY where you are going, WHO you are meeting, and WHEN you are going there.

And a parent or guardian must ALWAYS accompany minors. A parent or guardian should NEVER be out of eyesight of the minor, whether it be at auditions or on set.

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Important Information Regarding Non-SAG Franchised Talent Agents

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