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Do I pay my agent a commission on residuals?
Answer: When you get paid acting work, your agent gets paid for the work you do that day. But what happens when you work on a project that is covered by union rules and starts to generate residuals? Generally your agent gets paid on all of your residuals – but who actually pays your agent, you or the production company, is the real question to be answered… (continued in David’s answer below)
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Answer: When you get paid acting work, your agent gets paid for the work you do that day. But what happens when you work on a project that is covered by union rules and starts to generate residuals? Generally your agent gets paid on all of your residuals – but who actually pays your agent, you or the production company, is the real question to be answered, and, as usual, it depends.
Getting a residual check in the mail is usually like Christmas morning – it’s often unexpected, often larger than expected, and it can absolutely make your day (and mortgage or rent). Your agent works very hard for you to get you those jobs – not only for the 70 or 80 dollars he gets when you get booked for a day’s scale work, but for the future payments that that work may generate.
Residuals are paid to you, and commission is paid to your agent. But, there are rules set forth by the various performance unions that determine who actually pays that commission, and on what the commission is paid. Sometimes, it’s up to you to write that 10% check (an absolute joy for me to do, and it gives me a reason to go visit him or grab a quick bite and talk career strategy). Sometimes, it’s up to the production company of the TV show, film or commercial you were in to write that check.
The following list is not exhaustive, and usually refers to SAG as opposed to AFTRA – you should always check with your union if you are confused about something, but your agent will also know the rules.
Here are all the gory details:
If the work was for primetime broadcast TV and the work was in Los Angeles, Chicago, Detroit, Atlanta, Washington D.C. or Hawaii, commission is payable on all prime time reruns if your employment contract is overscale (at least scale + 10%). If you worked for scale and you paid your agent commission out of your pocket, than you pay no commission on residuals.
If the primetime broadcast TV work was shot anywhere else (including New York), and your worked for scale, commission is payable for the first and second reruns. If you worked overscale (at least scale + 10%), commission is payable on every rerun.
For non-primetime broadcast TV and syndicated reruns with work shot in Los Angeles, Chicago, Detroit, Atlanta, Washington D.C. or Hawaii, commission is payable only if your employment contract is overscale (at least scale + 10%). Again, if you worked for scale and you paid your agent commission out of your pocket, than you pay no commission on residuals.
Likewise, for non-primetime TV work and syndicated reruns for projects shot anywhere else (including New York), if you worked for scale, commission is payable for the first and second reruns. If you worked overscale (at least scale + 10%), commission is payable on every rerun.
For foreign exhibition of your work, no matter where it was shot, commission is payable only if your employment contract is overscale (at least scale + 10%). If you worked for scale and you paid your agent commission out of your pocket, than you pay no commission on foreign residuals.
If the work was for a theatrically released SAG film, and the work was in Los Angeles, Chicago, Detroit, Atlanta, Washington D.C. or Hawaii, commission is payable only if your employment contract provides for overscale residual payment.
If your theatrically released SAG film was shot anywhere else (including New York), then all of your residuals are commissionable no matter what your contract says.
For basic cable shows, or shows released to supplemental markets (including pay TV, the internet, video on demand, videocassettes or DVDs) shot in Los Angeles, Chicago, Detroit, Atlanta, Washington D.C. or Hawaii, commission is payable only if your employment contract provides for overscale residual payment.
If your basic cable show/supplemental market release as noted above was shot anywhere else (including New York), then all of your residuals are commissionable tto your agent.
And finally, for commercials, no matter where they are shot, if they are kept on the air and reused for a long period of time, the first 21 months (the first 7 of the 13 week broadcast cycles) of your residuals are commissionable to your agent.
There are a number of things other than residuals that your agent is commissioned on – and there’s an ActingAnswers.com article about those other items here. There’s also a list in that article of what you get that your agent isn’t commissionable on. But when it comes to residuals, it’s time to share the joy with the most important member of your sales team – your agent.
What’s your answer to this acting question? Let me know in the comments below.
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LikeDislikei have a follow-up question, if you don’t mind. if i leave my agent and go to a new agent, do i still owe my old agent his 10% when i get residuals from projects i booked while with him? thanks!
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LikeDislikenevermind, i see the answer here http://www.actinganswers.com/agent-management/
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