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On what do I pay commissions to my agent?
Answer: When you get paid acting work, your agent gets paid. Not everything listed on your pay stub is eligible for the 10% that your agent is due. In general, your daily pay, your overtime, session fees and… (continued in David’s answer below)
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Answer: When you get paid acting work, your agent gets paid. Not everything listed on your pay stub is eligible for the 10% that your agent is due. In general, your daily pay, your overtime, session fees and your residuals are all commissionable to your agent, but penalties, travel, per diems and other expenses are not. And it also depends where you live and work.
There’s nothing quite like getting a paycheck in the mail for doing a paid acting job. For me, it’s even more of a joy, as well as an opportunity to connect, to generate a check to pay my agent for his services. But not everything on your check is on the list of commissionable items, payable at 10% to your agent. If you’re a member of either SAG or AFTRA, there are clear guidelines as to what is and what isn’t on that list.
Let’s start with the obvious: you pay your agent 10% commission on your day or hourly rate of pay. This is all of the money you are paid by the production company to be available to act and to actually do so. You usually are paid for doing some acting during the period you are on set, but on the rare occasion that, due to weather, production mismanagement, re-writing, re-casting, illness, or anything else that might delay you from actually getting in front of the camera to do your thing, you get paid your day rate.
That amount of money is either the union minimum or your negotiated day rate, or quote, which is always higher than the union minimum.
Be aware that if you’re working on a television or film project, and you’re only getting SAG minimum, where you’re working determines who might be paying your agent’s commission. If you’re a SAG member based in Los Angeles, Chicago, Detroit, Atlanta, Washington D.C. or Hawaii, and you’re only getting scale, the producer has to pay your agent his/her 10% in addition to you getting your scale. If you’re a SAG member based anywhere else, including New York, and you’re working for scale, the producer does not have to do that, so you may be paying your agent the 10% out of your gross.
If you’re working a SAG commercial, then you pay your agent commission out of your pay in all cases, and in all territories, unless you are offered plus 10.
Note: If you’re working a non-union job, you have to be careful when you sign your contract to make sure you’re going to get paid even if not called to set.)
Residuals. Again, this depends on a number of factors – at what time of day the project airs (prime time or not), where the project airs (network or cable), what carrier your work is on (air, cable, video on demand, the Internet or DVD), even where you live. If you’d like an exhaustive rundown of the intricacies of how residuals are (and aren’t) commissionable, there’s an ActingAnswers.com article on it here.
Overtime and holiday pay. If you work on a holiday, or for more than a certain number of days withut a day off, or for more than 9 hours on a given shoot day (including your meal time), you get paid anywhere from time and a half to triple time, and your agent gets a commission.
ADR and dubbing. You may be called in to re-record some of your lines in a studio session after your shooting is finished. You get paid for that, and your agent gets a commission.
Wardrobe, makeup and rehearsals. When preparing for working on a television show or a film, if you’re asked to come to the studio or location to be fitted for your wardrobe, to do a study of how the makeup team wants to do your makeup, or to rehearse your scenes, that additional pay is commissionable to your agent.
Working in water, on weekends, at night, on location or doing stunts. You may be asked to work in conditions that are not necessarily covered by other parts of your contract, and usually there is a bump, or increase in pay, for working in those conditions – and your agent gets 10% of that increase in pay.
Travel time. Almost every major production center has a series of zones, or circles on the map, drawn from the center of town. If you’re required to drive outside the center of town to one of these zones, you’ll be paid for the time you spend driving that distance. Your agent gets 10% of that extra hourly pay.
Cancellation fees. If you’re booked on a project, and your part is written out, or your engagement is ended in some other way than you being fired, you’re due a fee that depends upon the size of the role and the number of days booked. Your agent gets a commission on that fee.
Audition overtime. If you’re kept waiting for longer than 60 minutes to audition, you are due an audition over time payment, and that is also commissionable. In the real world, rarely is this asked from or paid by casting directors because it’s rarely reported by actors that don’t want to alienate those casting directors.
This is not an exhaustive list, as every union is slightly different, every municipal production area has different labor rules that may affect what you get paid for and what is commissionable to your agent…and there are some things you’ll get paid for that your agent doesn’t share with you.
Here’s what you don’t pay your agent a commission on:
Finally, if you get to be a rockstar, and have a special contract that’s way overscale and is approved by the Guild or the Federation, you may have different circumstances (almost always in your favor). But, when commissions are paid to agents, they cannot, by California and New York state law, be more than 10% of whatever income you’re commissioning.
What’s your answer to this acting question? Let me know in the comments below.
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LikeDislikeIs my agency supposed to get 10% (standard SAG/AFTRA commission amount) of the gross ****(pre-tax) amount? I just want to make sure it’s the pre-tax amount that I’m supposed to be looking at.
Thank you so much!
K
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LikeDislikeYes, the pre-tax gross of the ELIGIBLE income – read the article for what is eligible to be commissioned and what is not. As an example, if you work one day, you get overtime and you’re paid $925 for the day, plus $100 overtime, and also included in your check is a $25 payment for mileage and a $60 wardrobe allowance, the last two are not commissionable, so the total commission your agent should take is $102.50.
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LikeDislikeHi, there’s an agency that wants to sign me up, and recently sent me an email that the rates vary according to production from around $22-$30 p/h for background extras. Acting or featured extra rates are generally much higher but they didn’t say how much. Anyway, they say the agency fee is 10% of any background extra and 20% of any FEATURED EXTRA or ACTING WORK.. They also say that this is the rates of pay are set by the MEAA – Media, Entetainment & Arts Alliance. What confuses me is that I’ve been told by my several acting teachers and casting agents that we only pay 10% to the agency! regardless what role I’m getting. Am I correct? Or can the agency can gain 20% depending on the role?
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LikeDislikeYou must be in Australia – that’s the only place an agent would mention MEAA. I’d call them (MEAA) and ask your questions of them. It may very well be that that’s their policy – and once you find out, would you please pop back here and let us Americans and Europeans know what the skinny is?
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LikeDislikeThank you for this information. I have another question related to that. What if my agent books me for a job that is $1000/day. And during shoot, the production says they are behind so they need to book me in additional day. Does my agent get to dip into that additional day of pay? Or are they only entitled to the initial 1 day pay. FYI, I am non-union, my agency commission is 20% on gross earned. Thanks!!
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LikeDislikeYes, of course they do. Why would you think otherwise? An agent gets their percentage of your gross pay, as you stated. It feels like you’re trying to say, “Hey, they had nothing to do with getting me that extra day, so why should I pay them a commission?” Or am I misinterpreting your reason for the question?
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LikeDislikeYes they’re entitled to their commission again. They will be entitled to 20% of all checks from overtime to rebuys. Also- 20% is not unheard of but not as standard as 10%. Is this agent also actively involved in your career development? Lastly, make sure the additional day rate is confirmed ahead of time. If you were paid 1000 for a single day that might be including a buyout – for example, 250 for the day and 750 for usage. In that case – you would only be receiving an additional 250 for your second day.
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LikeDislikeWow, thanks, David! This is an incredibly helpful list–I’ve bookmarked it into my “Show Biz” folder for future reference.
Do you know the structure for UK/IE? I’m trying my best to move to that market…actually, if you have *any* advice or helpful tips for that market, I’d appreciate it! :)
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LikeDislikeMy plan is to constantly expand the site to include all centers of production around the world – hopefully, readers in the UK and Ireland will offer assistance as to BAFTA and other resident union policies. THanks for your kind words!
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LikeDislikeMy agent called and booked me for 5 days on a feature film. Several days later I was asked to tape an audition for another role in the same film. A couple weeks later they decided to cast me based on my taped audition. The problem is, I went from booking 5 days to booking 2 days, a significant reduction in pay. It’s a much better role and I want to do it, but feel it is unfair to except such a reduction in pay. I had already changed my schedule based on the initial 5 day booking. Are there any rules about this, or is it strictly up to my agent to re-negotiate.
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LikeDislikeLet’s make sure we’re using proper language. Your agent doesn’t book you, the production company books you. Your agent negotiates and closes your side of that booking. If you were already booked for one role, and the production company decided to ask you do audition for another role, and use you in that way, your agent’s job is to make sure that they pay for that privilege. Usually, if the deal on the first role was already closed, they will offer you the same deal for the second role even though it was a smaller number of days. You didn’t mention if this was union or non-union – if non-union, then I wish you luck. You may have to eat it. Any rules you might want to rely on are union rules only – and a call to SAG-AFTRA might be in order.
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LikeDislikeThanks David!
Greetings from the Pacific Northwest!
What a wonderfully concise and thorough answer. It’s been a while, and I couldn’t remember whether wardrobe calls, meal penalties etc. were commissionable. Thanks for the resource!
DK
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LikeDislikeThank you for a very clear answer regarding agents, but what about managers? I have been told that managers can virtually ask for anything they want, and if you sign with them, you are bound by that contract to pay commissions on the above noted things that agents cannot charge commissions on. Is this true? Is this legal? For instance, say I was paid scale plus 10 for a job. The agent would get the ten percent and the manager would want commission (15%) on the TOTAL gross check, including any meal penalties and the agency 10 percent.
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LikeDislikeThat’s entirely possible, but remember, you are responsible for negotiating a contract that spells all that out with your manager. It’s not going to be a surprise, nor will it vary from project to project. Negotiate well.
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LikeDislikeHello David~
I just came from a meeting with my agent to pick up a session payment. The contract stipulates the amount +10% agency. Anytime over the past decade (and I’ve had three different agents) the agreement has been if the rate is inclusive of wardrobe session and agency fees, I paid 10% of whatever I made. If it was rate ie $2,000 + 10% (or sometimes even +20%), then I received my $2,000 and the agent received the +10% or 20% that was added. Now, after working together for a few years, my agent claims that the +10% has nothing to do with their commission and I owe 10% of my rate in addition to the +10% agency fee. They’re saying the “Agency Fee” has nothing to do with the “Agency Commission” but through my years as an actor my understanding is they are the same thing. In the past I have even warned less experienced actors to watch out for agents who try to gouge to get the extra 10% over and above the included fee. Am I going nuts? Have the rules changed or are the production companies including the 10% agency fee to cover the commission?
Thanks,
DB
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LikeDislikeThey are not always the same thing.
In general, I find it incredibly shortsighted to use words like “gouge” when discussing agent commissions. Frankly, I don’t think twice about it. And my relationship with my agents and managers is protected by law, union regulations, and our agreement. Giving your agent 10% from your side is a small price to pay someone who works as hard as they do, with, according to union statistics, a dismal batting average of .050 for the average actor. I encourage all actors to be more generous than that when you do book work. Don’t pay more than is due, but don’t argue over 10%.
David
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LikeDislikeYou know… “shortsighted” seems like a strong choice of words. Especially when some actors might only book a job once a year, IF that. If production pays the agency a 20% agency fe and the agent thinks their entitled to an additional 10%, that is almost equivalent to a restaurant adding gratuity, not making sure the guest sees the added grat, then quietly taking an ADDITIONAL gratuity that the guest leaves because they weren’t paying attention. I just did a job that paid $5000.00 + 20% (agency fee). That agent took an additional 10%. My agency doesn’t charge a fee. That fee is to cover the commission. At least, that is the intention… My new agency has even informed me that taking an additional 10% is super shady and basically stealing from the talent.
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LikeDislikeI was just wanted see if agents are allowed to take a commission for print work if they already get a booking fee.
For example, I did a commercial and also a side print job where the print job portion paid: $3500 plus $400 booking fee.
Is my agent allowed to take his commission from that $3500 even though he invoices the client for $400? Isnt that double dipping? Your thoughts are much appreciated. Thank you.
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LikeDislikeNo, it’s not double-dipping – and there’s no law against it. You might not like that your agent is taking money from you as well as the client, but I’d advise you to happily adjust your thinking, and celebrate your commission payment. It’s tax deductible, and it’s more incentive for your agent to work hard for you. It is print, so the rules are not governed by SAG-AFTRA, but I LOVE when I have this issue come up, and LOVE paying my agent a commission. Hope this helps.
David
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LikeDislikeHi, I have a question. When doing print, the agent gets 20% of what the talent makes, plus they get the agency fee from the company. When the producer includes the agency fee in the total for the talent’s pay, how do you determine what the talent makes? So if the talent is paid $100 an hour including the agency fee, wouldn’t that mean in order to determine what the hourly rate is, you would need to find out what number * 20% equals the hourly total? So if they made 100 then the talent really made $83.25 an hour then the agency fee would be $16.75(20% of $83.25=100) So then the agent would get the agency fee of 16.75 then an additional 20% fee from the talent’s hourly rate of 16.65=$33.4… Because if the agent takes straight 40% they would get $40. I though if the rate included the agency fee, then by taking off the top they agency is actually getting a higher rate and then the talent is loosing out on money.
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LikeDislikeIt depends. You’re talking about non-union work in the scenario you describe (low pay etc), and usually that’s a plus-10 situation, where the agency percentage (whether it’s 10% or not) is paid on top of the $100. But it might not be, so there’s no one answer. However, there always is an answer – either it’s paid as a straight percentage by the actor ($20 in your scenario), or it’s paid separately by the production company (for a total of $120 sent to the agent).
To read more about plus-10, check out this ActingAnswers.com article: http://www.actinganswers.com/what-does-plus-10-mean/
Hope this helps.
David
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LikeDislikeI have a similar question to Tracy. I recently booked and worked a small Non-Union job. The breakdown read as follows regarding rate and agency fees.
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Rate: $450/12 (This includes agency fee and fitting)
After my manager made several attempts to get invoicing instructions from the production company with no effect, the check for $450 was sent directly to me. As David has mentioned several times, I am a firm believer in paying them what is due for the hard work that they do for me. I called and said that the check had come and wanted to see if I owed them any money. They said that because the agency fee and fitting are included in the flat $450 that I owed them $180 dollars. For 20 percent commission on non-union work (which I was told when I auditioned) and 20 percent agency fee. I’ve been with this manager for ten plus years and I have never encountered any dishonest behavior or bad practices regarding money and payment. They have fought to get me what was owed on all the projects I book with them. When I inquired about why I was paying seemingly double they said that it was a bad deal and that I shouldn’t have been submitted for such a small project. The agent that was responsible was let go. Does this make sense? Was it just bad communication? Is this common among Non-Union gigs? Or should I be worried? Thanks!
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LikeDislikeThis kind of relationship is no different than the pimp/prostitute relationship. No one should continue to get money or make up any kind of unreasonable percentages to take just for submitting you to a job. As a client, we don’t pay extra to agents as they don’t work for us and any talent company who asks us to pay extra we never work with again. I don’t care what the norm is. It’s time for this parasitic system to change. We have agencies doing no more than submitting talent for open roles. The talent does all the work. This system is just shameful.
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LikeDislikeI’m not sure what prompted such a visceral, sour reaction to this – maybe a bad relationship with a bad agent? I think you are unfairly minimizing the role agents play on behalf of their clients, and “doing no more than submitting talent for open roles” is far more complex and time consuming than you make it seem, and the agent does far more than tat: when you book, the agent negotiates and closes the contract for that work. Also remember, the average union talent books less than 1% of the roles they are seen for, and they are seen, on average for less than 10% of the roles agents submit them for. The only time an agent makes money is when you book – all of the times that you don’t is time they spend for no money whatsoever.
It’s also a really bad idea for any performer to negotiate on his or her own behalf. The vast majority of actors love acting so much, and get such a small amount of work, that they’d often do it for nothing if offered. You want an agent fighting for you, getting you more money, taking care of scheduling, beating the bushes in a way that you simply can’t since you don’t have access to the really good “open roles” (actors who get the breakdowns are committing a crime, and if caught, are blacklisted). I certainly wouldn’t want you to be negotiating for yourself – I’d want you to be represented by the best agent possible.
Finally, the system is not shameful, it’s wonderful. The talent does not do all the work, but is part of a team. It is not a pimp/prostitute relationship – that’s demeaning to both actors and agents/managers. The percentages aren’t unreasonable – they are capped (in the case of agents) by both state law and union regulations. I don’t know who the “we” in “we don’t pay extra to agents” is, but I’m assuming you’re a representative of a production company. In that case, you have a very clear agenda to minimize the amount of money that you pay talent, and that makes me suspect your reason for posting and further dispute your conclusions.
If you’re not a producer, please correct me. If you are, please note that any actor reading Virginia’s response should consider the source and their genuine need to keep their budgets as low as possible. That’s not your responsibility. You are on the other side of that transaction, and your job is to act, and to be paid well for your acting. Virginia does not have your best interests in mind – she has her own.
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LikeDislikeBut you didn’t answer the original question- if the invoice is said to be “inclusive of any agency fee” should the agent be allowed to take 40% out of your check? I get that on non-union gigs it’s basically anything goes but IMHO talent shouldn’t have to foot the bill if the client doesn’t want to pay extra. That would be the agent’s choice whether to take the job without the client’s extra 20%. They are still getting 20% from you. Or at least let the talent know up front that the agent will be taking 40% out of the check so talent can decide whether they want the gig for essentially half off.
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LikeDislikeHello David,
I really appreciate all of your expertise on this subject.
Since I became a SAG/AFTRA “must-join” (about 8 months ago), I have almost only been seen for non-union commercials through my exclusive-only talent agency. Before becoming a “must-join”, I had many SAG auditions and bookings.
I recently told my agent that I was going to go ahead and join SAG/AFTRA hoping that would help me to compete for these jobs. He talked me out of it, stating that he thought it would be a mistake and that I should stay non-union as long as possible as there are many more “opportunities” for me as non-union.
I recently submitted myself, auditioned for, got a callback and just Booked a great role in a SAG feature film (completely on my own). It is an ULB film and so I don’t believe there is room for financial negotiations. However, I want my agent to know that I booked it because A.) I want him to know what kind of roles I am capable of booking and B.)I will be joining SAG and so therefore need to be submitted accordingly.
My question is, should I or am I obligated to pay him 10% (since I am exclusive) on this film? I feel like I would be rewarding bad representation. However, if I don’t, he might hold it against me and purposely not submit me going forward. I know how small this business can be and I don’t want to burn any bridges.
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LikeDislikeGoing back to an answer I didn’t see this directly answered: If you (self) book a job outside of your agency, are you obligated to pay your agency/manager commission for that particular project? I don’t care about fair is fair but I solely believe if your agency books a job they definitely deserve their commission but commission on something they had NO part of perusing/booking seems unjustified for them to collect a commission…. input…
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LikeDislikeYou’re not obligated, but as I said before, I make it a practice to do so. I want my agent thrilled to see me. And motivated to go to bat for me. It’s penny-wise and pound foolish to not include your agent in on the work you do – but, again, that’s just my opinion.
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LikeDislikeDo agents make a commission off of projects that you book for yourself?
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LikeDislikeHi David,
This has been a very informative post and I appreciate it!
I wonder if you could tell me your thoughts on whether to pay an agent for work I find myself. What is the norm on this? I have landed a $100.00 an hour non union job that could shoot for as many as three days. I live in a market where we pay agents 20% for non union work. What is my best plan going forward? Should I share the job with my agent in the hopes that he can negotiate a higher rate for me and/or fee for himself? I am actually happy to pay the 20% to him if that is the norm but I seem to be having issues determining that!
Thanks,
JB
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LikeDislikeIs an agent entitled to all residual payments for the life of your residuals?
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LikeDislikeIs it possible when signing the contract at set that I have my checks sent to me first? Then cut my agent a check for their commission?
A bit wary that they may not pay me if I send it directly to them.
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LikeDislikeIf that’s the kind of relationship you have with your agent, there’s a lot you need to talk about, including this. A check authorization is a moment of trust, and it sounds like you don’t trust him/her.
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LikeDislikeHow long can a talent agent take to pay his/her talent? I’ve been told my agency can take 90 days after they receive the check from production.
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LikeDislikeFor union work, you must be paid within 10 business days. File a grievance with SAG-AFTRA if it takes longer.
For non union work, I’m afraid there are no rules or requirements.
Hope this helps.
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LikeDislikeHi David,
I just received payment for some work my daughter did and there are 2 deductions. One deduction is from the agency she is signed with and the other says agent fee which is more than what her agency charges. A total of 35%. I know sometimes when we go on auditions, we are instructed to sign in under an agent other than who she is signed with. Is this common?
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LikeDislikeDavid,
Thank you for all of your advice from the previous posts.
I might have overlooked this question from someone else. In regards to a larger amount of reputable talent agency’s that are not SAG/AFTRA Franchised and generally use a GSA contract. What is your advice when it comes to commission on late penalty fees, meal allowances, per diem, (the whole list you mentioned), etc when a GSA contract allows the agency to take their 10% and a SAG contract does not? I am SAG and considering signing with such an agency and it seems more and more known agency’s are doing this, not wanting to be tied to SAG.
Thank you for your response….
Greg
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LikeDislikeMy daughter has an agent. With that being said, we have not gotten a single job through them. All jobs have been through my own work on actors access and LA casting/SF casting. When my daughter gets paid, am I supposed to send the agent commission? Even though they have not done any of the work?
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LikeDislikeI do. And I don’t have the attitude that they haven’t done any of the work. You may not have seen a job through them yet, but unless they are napping all day, they are submitting you. If you’re getting call backs, you’re doing your job. If you’re not, chalk up what you’ve been getting as fortunate circumstances. I could go on, but I suspect it would take some work to change your attitude about the agency – you might want to look around for another one. And I’d commission them on everything you do, whether they had anything to do with it or not.
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LikeDislikeA non-union actor is sent by a non-franchised talent agent to audition for a live theatrical performance. The actor wins a principal role. The talent agent wants to collect 10% from the actor and 10% from the producer for the length of the engagement. Is this fair and legal? If so, what is the governing authority?
No one signed formal contracts; the talent agent says this is simply their “standard commission.”
Does the producer have to pay?
Does the actor have to pay?
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LikeDislikeI’m not sure why this keeps coming up. If you’re an actor, and you have an agent, and your agreement is that you pay that agent 10% from your gross earnings, it’s irrelevant to me that the agent might also take 10% from the producer. That’s no more money out of your pocket.
What it feels like is that you’re hoping that because the agent gets 10% from the producer, that your obligation to pay 10% might just be waived.
I’m not sure what it is in some actors that make them think this. My suggestion is to think, “That’s great that my agent is getting more money.” Period. To think that this is somehow fraudulent or selfish on the part of the agent is, in my mind, actually selfish of the actor.
Join in the joy of both your booking, and the agent’s good fortune and wise business acumen. Pay your 10 percent, regardless of any other payments being made. Move on with a happy life, working as an actor.
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LikeDislikeThanks for your comment but, aside from speculating about the actor’s motives, it didn’t really answer my questions: Given the circumstances as stated,
1. Is this fair and legal? If so, what is the governing authority?
2. Does the producer have to pay?
3. Does the actor have to pay?
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LikeDislikeIt actually answered your question: yes, you both have to do it. To be more specific, you said it was non-union, so as to #1, there is no “governing authority.” Your agreement (and the producer’s agreement) are the only things you rely on here – so, yes to #2 and #3. Why do you think this is unfair?
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LikeDislikeHey guys! I have read all your info and it has been really helpful so far.
Just one question.
I did a print job about a month ago and the agent fee was supposedly covered by the advertiser.
So now i got a check and my agent is getting a percebtage of my gross income AND a percentage of the gross paid by advertiser.
HELP.
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LikeDislikeHello David!
I have another question. My agency recently became SAG franchised, and before that I was under a CA Labor contract stipulating they were in care of my payments. In this new scenario, I just signed a SAG contract with them (for the first time) for another year, so does this mean I get to collect my checks from now on and cut theirs ?
Thank you!
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LikeDislikeDavid,
I don’t think you quite grasp the level of being asked to pay out 20% of a minimum wage paycheck after an agency has already received a 20% agency fee for doing nothing (you self submitted and scored the job because you’re broke and needed to find some paid work asap!) and it appears the only thing the agency does is try to sell you an expensive “premium” or “upgraded” portfolio in order to be seen on their website x 3 (agency pro $150 per year, casting networks $19 a month, and casting frontier $75 a year). It does hit a level where enough is enough! There are a lot of scammers out there who are purely collecting sales commission on selling these web services and as far as “work” they do to submit you is all set up for them already online to the extent that it’s strictly a numbers game to them where they’ll sign up anyone with or without any talent on the chance that they will collect on them if they’re suckered into upgrading their portfolio OR get selected to be booked but gone are the days where agents know you personally and pitch you as talent by making phone calls. It’s all just a database! Agents are more like bridge trolls collecting a fee at every gate of the way and I’d say YOU are pretty suspect to me for claiming nothing but praise for agencies and failing to warn THERE ARE SOME SERIOUS SCAMMERS OUT THERE. Plus it’s not legal in some states for an agency to collect more than 20% so your advise is incorrect and therefore not so expert.
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LikeDislikeYou are describing scammers, Heather, with all of the additional conditions you’ve suffered with. I am giving recommendations on legitimate agents. It’s interesting that you’re so upset at my answers, but I assure you, I do have extensive experience working with legitimate agents.
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LikeDislikeMy daughter received a $500.00 sign up bonus for a recurring role as a voice-over.
Is the agent & manager entitled to receive commission from her sign-up bonus?
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LikeDislikeHey dude. Thank you for this. You were dead on. Every time I book something big, I call SAG to make sure I pay my agent properly. This time I went to the internet and found you. Awesome sauce!
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LikeDislikeWhen I did this years ago you simply paid the ten percent that was called plus ten precent by the production company. Period. When agents charge ten percent. When ever I got a job on my own I payed my agent the ten percent from my gross pay from the production company, simply out of being what Sag states. As far as, residuals you pay ten percent for the first three years, as far as Sag rules were at the time over thirty years, ago. Even though I was Sag eligible but not Sag. Being Non Sag in a right to work State (Utah) it was more beneficial to be non Sag. It was a ten percent agent fee, always. When I didn’t have an agent and got the booking on my own I didn’t have to pay an agent, but if I booked the job because of a friend setting up the audition, the only right thing to do was to take the. To dinner and pay them the ten percent of my gross pay, for the I in mind set up. But now a days it seems like agents can do what ever they want. So if you feel like they are charging to much, then go with your instincts and shy away from them. But always be a pro. When it comes down to doing the right thing, on your behalf. And as far as kids go follow the Sag rules and hold them to it. If the production is ligit the will have no qualms about the Sag rules. It it’s a non Sag production the. You have to be the teacher for you child education while on set for the number of day they will be out of school. Unless it summer time. My son started to do more work then me and I always teacher him and made sure he did not leave my line of sight while on set. When it come to children always education/safety first!
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LikeDislikeHey there! What an excellent site. I have some (slightly opposing) viewpoints, though I mostly agree with and am so grateful for your sage insight! (I also have a question eventually). After 7 years I’m finally a full time working actor- I am with my fifth agent – a great one I can trust – and I absolutely agree with you regarding the +10% or +20% “additional” commissions. My friends argue this all the time but I remind them that it is all about cultivating the right relationship. (It’s also interesting how they often seem to be the ones not going out as much or booking as often. David is speaking wise words here, people! Celebrating money going to your agent is a great habit to get into!) **HOWEVER, for those that still hate it- and I hear you- I know people who have created their own ‘Corporations’ (usually out of state) and become licensed and now are actually their own management. Therefore receiving the full check and often the additional +20%. I don’t recommend this. These are the actors (usually commercial) that booked for years and have acquired a relationship with enough casting directors that they can pull it off. Also, when push comes to shove it’s nice having a legal team on your side, and no one wants to feel mislead by the talent if productions catches on. **Also in response to an earlier question about nonunion payment having no legislation as opposed to sag/aftra – worth looking into the California labor law. There ARE specified payment time requirements – the most immediate being with print modeling – and the California labor code does supersede any union or nonunion production payment regulations. **AGAIN- Not recommending fighting the system on this – just informing people of their rights. OK! Sorry just wanted people to have answers I didn’t already see listed- NOW ON TO MY QUESTION!:) When you see a number on a check from your agent indicating your year to date earnings – is that before or after commissions have been taken out? Is it before or after taxes? I’m curious how to deduct my agent commissions annually and not sure how to calculate the right amount when filing taxes :-) thank you!
I want to thank you on all this great information you provide this business.
Gus
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LikeDislikeI just made a short film as a SAG signatory under a Short Film Agreement. It was a small production, most people worked as volunteers (except for the actors of course). Do I need to cut a separate check to their agents for 10% of gross in addition to what I am paying the actors? I am confused since I didn’t deal with anyone’s agent. I just dealt directly with the actors from day one. One of them was SAG and the other was not.
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LikeDislikeI’m an actress. And recently I booked a gig with my husband (who’s not an actor). This is a project we submitted on our own, without the agency’s help. Does the agency get a commission from him even though he’s not represented by the agency? Can you shed some light on this please? Thank you!
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LikeDislikeHey, I now have an agent and a manager. I am also Union, I plan on doing a little background work for the pay. My question is, does my agent and manager require commission from the background work I do?
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LikeDislikeI’m a Canadian actor and a member of ACTRA. I’m asking for your expertise on having 2 agents, a Canadian one and an American one. I’m looking to sign with a new Canadian agent, there is a clause on the contract which is tricky:
“With the Agency’s prior consent, should the Client engage agency representation in a country outside Canada, the Client will pay to the Agency a Commission of 10% (unless otherwise negotiated and set forth in writing) of the Gross Revenue earned by the Client for Work done under that representation, over and above any Commission paid for that representation. This Commission due to the Agency is
payment for the overall Worldwide Management of the Client’s professional services”.
My question is, if I get an American agent(with prior consent)and I book work with him/her, is it ethical for my Canadian agent to charge me commission on top of me paying my U.S. agent for the same work?
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LikeDislikeDid you agree to that clause? If so, ethics doesn’t matter. An attorney is needed here.
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LikeDislikeI worked for an agent in Ireland and she shared some of her clients with UK or US agents. She charged 15% for her own clients but with the ones she shared the commission went up to 21% and was split evenly between the agents regardless of which one got the actor the job. I don’t know if it’s the same in Canada but I would assume both agents would need to be paid.
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LikeDislikeWhat’s the standard commission rate paid to agents representing dead celebrities (For example the McQueen estate licensed Steve Mcqueen’s image to do a watch commercial for Tag Heuser)? I’m told CMG (a company that does this) asks for 25% – isn’t
that high for this category or is it standard? Very little outside info available. Any numbers or number ranges appreciated, – DE
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LikeDislikeI don’t think anyone here would know – this site is for supporting actors with their personal endeavors and careers. Have you tried calling an estate executor and asking them?
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LikeDislikeI knew it was outside your sandbox, but I wasn’t certain of just how varied your agent knowledge might be. Because it’s a niche business, finding objective opinions from outside of it has been difficult. Yes, the executor has been consulted but the question unfortunately still remains unanswered. CMG swears that 25% is the going and fair rate (no conflict of interest there). Certainly is out of the standard 10% agent ballpark for those still working. Thanks for getting back to me just the same, -DE
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LikeDislikeHey David,
Does my commercial agent get a cut from a theatrical gig if I was the one who sought the audition? I don’t have a theatrical agent, just a commercial one. I just got this role for a non-union short film and wanted to know if my commercial agent is involved in any of the contracts…?
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LikeDislikeIt depends on what your contract with your commercial agent says, but I doubt they would have anything to do with your theatrical efforts. I wouldn’t commission my commercial agent on theatrical work.
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LikeDislikeHello,
I’ve been in the industry for many years and thought by this point I’d encountered every issue there was to encounter but nope! Found a new one I hope you can answer.
So I moved from Hollywood to (ugh!) Oklahoma to help my family open a restaurant. While here I got an agent just to do some side jobs. As you can guess there weren’t many options and it’s a “Right to Work†state meaning unions have no power here.
So I landed a leading role on a TV show (crime re-enactment so the role only lasted one episode.) and the director really liked me and was impressed by me.
After shooting he called and said his friend was shooting a film and he was going to be the casting director for it and he wanted me to audition for three different roles.
The next day my agent sent out an email about the project asking if I wanted to be submitted for an audition.
I wrote them back and told them a colleague had already informed me of the project and has set up an audition for me and I wanted to make them aware because if I’m cast I didn’t want them to think I owed them a commission because I found the job myself.
They wrote back
“Thanks for letting us know, but please keep in mind that you would still owe MAGNA a commission if you were cast since we did have involvement in the project. We sent out the casting call weeks ago for the two lead roles and also sent out the recent casting call for additional roles. Any project that we have any involvement in or if we have also sent the casting call, a commission is still due to the agencyâ€
So yes they sent out a casting call about the project for the leads which I didn’t submit for because they weren’t right for me to play. However they DIDN’T send out the notice for the other roles in the film until AFTER I’d already been asked by the casting director to audition for him. Are they due commission? Since they are the only game in town they will be posting audition notices for every project in town and by their thinking they’ll be due commission on every project whether they booked me the audition or not.
I’m also concerned because last summer I shot a feature film here and that director also really liked me. We’ve stayed in touch and he just let me know he’s coming back with a new film he’s shooting here (Oklahoma has great tax incentives so quite a few SAG Hollywood films being shot here) and he’s written a part for me in it so I’ve already got that role. By their thinking they’ll be due commission on that role too because they’ll be doing the casting for the other parts he’ll need.
Seeing as how they’re not held to SAG rules and are the only game in town they pretty much do as they please (including holding pay for the agreed 90 days rather than just paying after the check clears- it’s maddening) but I’m interested if you know of the rules about this and them taking commission off jobs I get through my contacts and colleagues? And if there’s anyone to report them to?
Thank you for your time!
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LikeDislikeThis was a simple mistake on your part. Your agent is on your team. I don’t recommend saying anything like “You’re not getting a commission because you didn’t find the job for me.” You wouldn’t do that if you closed a deal as a business owner if your sales team was working on commission. I suggest that you commission your agent on everything you do – that’s what motivates them, and that’s what makes up for the hundreds of auditions you’ll go on and not book. That’s not against SAG-AFTRA rules, no one to report them to, and it’s very much the right thing to make a policy. Hope that makes sense. I’d write them back and inform them of your new thinking.
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LikeDislikeHey there! I love so much of what David has to say on so many questions here, but sometimes my ethics differ slightly and (from reading his replies to people) he seems to understand that’s not a huge deal so I’m going to risk disagreeing with him here…
The first and biggest question on hand is – do you even need your agent in OK? Do you have accounts on casting networks, actors access, casting frontier, and cast It etc? Unlikely the agents are seeing much beyond that- especially if you have backstage subscriptions. Just going off of what you mentioned about work there being fairly sparse- it’s unlikely that your agent can do too much more than you can regarding submitting (and I would never have said that before, say, 2015).
Alternatively: if you’d like to do the “right thing†(quotes not meant to be pedantic, just allowing for interpretation on what is right for you) and keep the agent and the relationship intact, I would advise paying commission on this film as David recommended. It’s a first time scenario, it’s a new business relationship, and it’s a great time to set a precident of integrity. I would agree to pay commissions on the project and in the same conversation make it clear that in the future you would prefer an arrangement where work that is privately self-acquired is non-commissionable. (NOTE- That does not mean self-submitted- It’s likely both of you are submitting yourself on multiple projects) …this would only include private audition requests- in which case you can forward the emails or correspondence to your agents whenever appropriate (which doesn’t sound like it would happen more than once or twice a year).
That way they retain their dignity in knowing they get commissions on the work they do, they win the “battle†of this current film- and you retain your dignity knowing that future projects like the next film you mentioned will not be an issue.
I know a conversation like that can be intimidating- I’ve just done it myself. After several years I only recently adjusted my contract with my management to not include commercials booked through my commercial agent. After a few soaps and small films I had very few auditions from my theatrical/management team and was going out 15-20x a week commercially. 90% of my income was commercials and I was paying 20% commission for years when I felt 10% to my commercial agent was all that was justified. (I also paid on commercials that were self-submitted). I was essentially paying an additional commission to my managers without the TV/hosting auditions and development I had hoped for from them. When I told them I was happy to present two options: politely go separate ways with all due respect, or allow only projects booked by them/my theatrical agents to be commisionable- they chose option B. It has saved me so much headache and frustration.
There’s much to be said about doing the right thing- there’s also much to be said about the way technology has changed an actor’s access to opportunities. Agents deserve respect- there is usually a way to give it without jeopardizing your integral instinct.
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LikeDislikeThat certainly is one way to approach it – and I appreciate the genial disagreement, Natasha.
I believe that our agents are our teammates. And although I’m anything but a socialist, I’m interested in making sure that their motivations for being in the business are being met. My agent’s motivation is, and should be, about money. Making lots of it, for both themselves, and for me. They are my sales team. And because that’s their motivation, the 10% that I share with them is a key to my continued excellent relationship.
Even if you self-submit, your agent will be involved in the contracting process, may be called upon to help you iron out a detail or an issue on-set, and many more possible situations. On a day’s union shoot, all that work will net them the princely sum (at the time of this post) of $96.60. That’s not a lot of money for for their efforts getting you just that day, nor for all the times you didn’t get called in despite their pitching you, you didn’t make it to the audition, you didn’t get a call back, you didn’t get past the producer’s session, or you didn’t get booked. I would never dream of not cutting my agent in on my moments of success, given how rarely that happens for anyone.
And just so you know, this is exactly how A-list stars operate: their agents get 10% of EVERYTHING they do. There are plenty of “self-submissions” at that level as well (not via Actors Access, but rather at business lunches, clubs, vacations, concerts, meet and greets, conventions, red-carpets and anywhere else actors meet those who can potentially give them work, even via a public tweet). The agent is commissioned regardless of who began the conversation.
I get that some actors have razor-thin budgets. I get that food and cars and housing is expensive. It is for our agents as well, and if you’re with a smaller agency, their level of activity isn’t anywhere near the UTA’s and the CAA’s of the world. They struggle just like you do. And I just imagine how it would feel to be told by one of my clients, after all the work that goes into getting them positioned to book that gig, that they don’t feel right about forking over that hundred bucks or so.
Hope this clarifies why I operate the way I do, and why I think everyone should do the same.
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LikeDislikeI never wrote and told them “you’re not getting a commission because you didn’t get me the job.†I wrote them to inform them that I had booked the audition myself without their involvement and I wanted to make them aware of that in case I get cast. It’s like if you have two non-exclusive agents. One makes you aware of an audition at 10amthe other makes you aware of the same audition at 10:30. You are supposed to tell the second agent you’ve already been made aware of the audition by the first agent so if you’re cast there’s no issue with which agent gets paid. Or would you just pay both because they’re on your “team?†I guess the difference is that if I closed a deal and my staff worked on commission but didn’t do any work to help I absolutely would not pay them. When I was a real estate agent and my boss sold a house we didn’t get part of his commission. Why would we? My agent works for me and I just think it’s weird I should pay them for work they have not done and I’m not sure why you do. You talk like theirs just money everywhere and I should just be handing out to people on my “team.†Whether they work for it or not. How does that motivate them? “We get paid by him whether we get him work or not so let’s focus on other clients and just take all the free money off the jobs he’s getting himself.†I feel the motivation comes from “We only get paid on the jobs we secure so we need to secure more jobs for him so we can get paid.†Anyway I’m not sure if that clears up what I’m asking and you may still feel the same way even so I’m just curious if so why? I don’t get paid for commercials and films I don’t shoot. Why do you feel the agent should get paid for jobs they don’t secure? And I know “tone†is often hard to read so please know I’m not trying to be snarky or disrespectful I’m just really surprised and confused by your answer.
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LikeDislikeFor further clarification, read my reply to Natasha.
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LikeDislikeAlso, I just shot a film with two VERY A-list stars neither of whom were paying an agent for their work on the film because they had procured the job themselves. That’s what started this whole thing. In between takes we were talking and they were the ones telling me they only pay on jobs their agent gets for them or they use for contract negotiations so there’s at least two A listers who don’t do that. When I was working and living in LA I didn’t do that that’s why I was so surprised when this agent here said they were due commission on everything whether they got the job for me or not.
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LikeDislikeWhat should I do if my agent’s client won’t pay for an Industrial I did? She says the client is having trouble getting through to their accounting department.(“Our client is reaching out to their accounting department once again now.”) It’s been 110 days since I did the work. She has a contract with client that allows 90 days to pay :(. I want my money!
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LikeDislikeOk , so I’ve been a working actor for 20 years , I recently moved to a new agency and they want to take my residuals never ever have I paid a dime in residuals except for maybe when I was a kid doing commercial work. My bottom line to them was they can’t touch my residuals. They don’t need to groom me, they don’t need to hard sell me because I basically know most of the casting agents … I just recently got off a show and asked some of the other guest stars who basically have similar careers as mine if they paid residuals? there answer and all of them ABSOLUTELY NOT! basically just like that , then I got on the phone and spoke with every actor I pretty much know and all said hell no.. so I’m with a new agent and booked 3 prime time jobs within 2 months most of which my manager got me (who by the way has never take. A residual dime from me ) and there gonna try to take the food off my table ? I don’t think so. Look if your new and your making your bones than yes , sure pay them your residuals but I refuse to let this happen and will sadly but certainly walk if they continue to try and take them. I guarantee you any actor in the top 5k even 10k on the meeter are not paying there residuals to there agents haven’t spoken to one yet. I’d have to get another job if I had to pay out 10% to my agent and 10% to my manager not to mention what I get taxed. Oh and by the way , it’s no longer a tax right off … so there are certain loop holes around what your saying .. let’s make a deal:)
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