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How do I become a SAG-AFTRA signatory?
Answer: There are a couple of strong reasons to signing production contracts with SAG-AFTRA, one of which has to do with being a multi-hyphenate actor/producer, and the other to do with… (continued in David’s answer below)
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Answer: There are a couple of strong reasons to signing production contracts with SAG-AFTRA, one of which has to do with being a multi-hyphenate actor/producer, and the other to do with turning non-union and non-jurisdictional work into union work. Here’s how to do it, and why you should consider it.
The advent of YouTube and other online video sites has spawned a whole new industry in webisode-based entertainment, and a whole new category for acting work, paid and deferred. Those same sites have created the need for actors to be aware of what their rights and responsibilities are when they step in front of a camera – and what they need to be aware of when they are also wearing the hat of producer. But it’s not just new media that has people signing contracts as producers with the unions.
The work you’re doing will determine what contract to sign. Internet based work? The SAG New Media contract, or the AFTRA Interactive contract, both of which survived the SAG-AFTRA merger, and are to be replaced with a new hybrid contract soon. Commercials? The SAG-AFTRA Commercials contract. A short film? The SAG Short contract. IVR work? That depends – is it for entertainment/information? Is the audio carried over the Internet? It certainly is if my client uses VOIP, so I use the SAG New Media contract. Again, all of these will eventually be replaced with new post-merger versions
And, you can become a signatory to more than one contract. Over time, as an actor-producer, I’ve produced dozens of projects ranging from Internet based entertainment products to a short film that won almost 40 film festivals, to videogames to commercials. And as my portfolio of projects has grown, so has my portfolio of contracts that I’ve signed with the union – as a producer. If I’m in the project as an actor, I also sign a performance contract, and pay myself from the income from the project.
This is where it gets interesting and beneficial to you as an actor.
We’ve discussed how to use the SAG New Media contract to gain Guild membership, but there’s more to that than just becoming SAG-E. If you do a web series, an online commercial, IVR work, a short film and so on, there’s no reason that you can’t pay yourself and your cast more than the typical $100 deferred payment that most people assume is standard. What about paying them, and yourself, actual money, which then gets treated as income and to which you contribute SAG or AFTRA pension and health, deal with your taxes and pay yourself the net payment as a W-2 paycheck? That’s what a producer does – and that’s what you can do.
Start by creating a legal entity. This can be an LLC, a different type of corporation or a DBA, depending upon the contract you want to sign. It varies based on the type of contract. The SAG New Media contract, for example, doesn’t require a corporate or business entity to be the signatory (meaning you can sign as an individual). Other contracts are more strict. Consult an attorney to decide what the right course is for you.
Once you’ve gotten all legal, contact the union to generate the paperwork for your particular project. SAG-AFTRA has contract specialists that will help you get situated. Once you’ve gotten your project’s paperwork in hand, contact a paymaster to assist you with the actual payment paperwork. I use Entertainment Partners in Burbank, the same company that does the payroll for NBC, CBS, ABC and Warner Brothers (among thousands of others). They charge a small percentage to handle all your paperwork, and send out your payroll, tax and SAG/AFTRA checks, just like they do for the largest production corporations.
When you actually produce your project, if you’re working for someone else, have them pay your company for the work. Fill out your paperwork properly, and turn that paperwork in to SAG-AFTRA. Make sure that every performer, even if it’s just you, properly fills out the start/stop sheet (the same one you fill out when you work for the big boys), signs a performance contract, fills out a W9 or I2, and proves they can work in the US. Treat this like a business, because that’s what it is.
Then, once your project is complete, total up the amounts each of your actors get paid for the work they’ve done, add your contributions, and have your paymaster pay you and every one else. If your project is being paid for by a sponsor, and your contract calls for no minimum payment, you can take the gross amount you’re being paid and work backwards: on a $5000 internet entertainment job I did last year, Ann, my assistant, figured out what the 15% or so SAG P&H payment would be, what my taxes would be, Then, I paid myself the remainder, a little over $3500. A great day’s pay for about 2 hours work, and I contributed to my pension, my health plan, paid my taxes in advance, and paid myself well.
This process heads off the I-forgot-to-take-out-taxes, end-of-year headache.
I know this isn’t for everyone – on-set, I’ve talked to a lot of old-school actors who just want to show up, hit their marks and get paid. They don’t want to become producers, they just want to be actors. But if you’re interested in playing in the same league as Felicia Day, Joss Whedon and my HEROES buddies Milo Ventimiglia and Zach Quinto, and want to projects that you not only control, but profit from and stay union compliant, use this process to build a strong business model for yourself and your cast.
What’s your answer to this acting question? Let me know in the comments below.
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LikeDislikeThanks David for all of the valuable information!! I have learned so much from your site!
So…I am a non union actress who is excited about the possibility of becoming SAG through the SAG New Media agreement. I had a couple of questions. I am constantly looking on LA Casting, Actor’s Access and Now Casting for SAG New Media projects, but have not found anything yet that I can submit for. Do you know where else I might look for a SAG New Media project where I can submit myself as an actress?
After reading this post, I am also considering trying to produce a project on my own if I can’t find a project to audition for and be a part of. I actually don’t have a background in production. Anyhow,if I decide to do this, do you know if I have to certain movie equipment(i.e. specific type of camera) that meets union standards? Also do I have to pay the actors (my funds are kind of limited right now)to meet union standards? I apologize in advance if these are silly questions, but I have no clue with all that is needed to produce a webisode.
Thanks!!
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LikeDislikeTo the contrary – these are great questions. Usually, you control the production ONLY when you’re creating it from scratch. And although there are no technical standards (camera, lighting, etc), to actually produce a web series might take partnering with colleagues who do understand that sort of thing – it’s not unusual for someone to find a fellow actor who is familiar with shooting and editing to be your co-producer – maybe even someone who also needs a project to get into the Guild. And no, you don’t have to pay the actors right off the bat (see my article on deferred pay), but you do have to have them fill out paperwork so that you can defer their pay (you never know what you come up with – it might be a hit!)
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LikeDislikeAwesome! Thanks so much for your help on this!
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LikeDislikeHi David!
Awesome information! My company, who I book myself FSO through for work, was recently approved as a WMBE/DBE business in my state and I wish to not only leverage it toward more work for myself among current clients who have these goals to meet but, in reading your article, am now considering becoming a signatory with SAG/AFTRA, partnering with production houses who have the capacity to produce films I am able to get buyers for, and hire a paymaster to keep me compliant across the board while hiring myself, and possibly others, for the projects I secure and paying into P&H. I’d love to hear your thoughts! Thanks again for helping us expand our opportunity base!
C
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LikeDislikeHello David:
Such good info here! I am an actress/singer and I am producing-on a very limited budget a new short which has potential to become a web series-or any series. I wrote it as well. I have a very experienced Cinematographer on board and another experienced filmmaker that will co-direct. I am Non Union. (SAG eligible as an actor) However I have SAG actors that want to audition asking me if this is SAG Signatory. I do not have a company and I planned on paying cash to the actors. I am a bit lost on exactly the next step? It is confusing. I at this time anticipate not making any profit on this as it is my first as producer and acting in it as well. How can I handle this?