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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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LikeDislikeYes. Forever. They helped you get the work, and you are continuing to make money on it – so do they.
David
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LikeDislikeSo for residuals that say “syndication”, if we got scale + 10% for the show, those residuals are commissionable to the agent, yes?
The residuals themselves never include 10% – so, no.
David
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LikeDislikeBut what if your agent did NOT get you the audition for the commercial you booked? Why would my agent get commission for work he did not do?
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LikeDislikeThat’s the whole point of this article. Your agent is your sales person. Whether he got you the audition or not doesn’t matter. What matters is that you’re both active in getting you work, and you get 90-100% of the pay, and he gets 10%.
Just because you got the audition doesn’t mean he won’t be dealing with scheduling, messaging you and the casting office about pre-reads, call backs, pins, producer sessions etc and them negotiating the original deal plus any subsequent deals. Getting you auditions is only part of what he does for you. If you disagree with that, I’d like to suggest you reconsider. And again, that’s the whole point.
I send my agent info on auditions I get for myself all the time, and he deals with it from there. And for that, I gladly pay him 10%. My advice remains that you do the same.
David
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LikeDislikeHi David:
okay, I did voiceover for a cartoon network special that ran all weekend and then went to DVD. I just got a Residual check (about 3 years later). It came directly to me. Do I give my agent 10% off the top. I don’t believe any commission was negotiated regarding residuals…although it was union and they got commission added initially, there is no notation of commission added to this residual check.
Thank you.
You don’t have to, but what a great way to have a conversation, and reconnect. And a lovely surprise for your agent as well. Why not share the spoils?
I disagree with the information in this thread. Of course your agent would love to receive a commission on all monies received by you, however residuals are not something negotiated by your manager or agent, they have been negotiated by SAG-AFTRA through extensive contract negotiations and are often how actors survive in between acting jobs. I have never paid residual commissions to any of my representatives over the last 15 years.
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LikeDislikeYou’re free to do whatever you think is best. The SAG-AFTRA rules hardly prohibit paying commissions on residuals, any more than they prohibit holiday gifts. I’m happy. You’re happy. Awesome.
I agree , I’ve been working 20+ years and I have never commissioned my agent for my residuals, however I did just sign with a new agency and I signed papers that had to do with getting them residuals for work they book me on … the reason I’m searching this subject is because one of my shows is paying me a residual check, it also says mailed on the sag aftra app but I don’t see the money in my direct deposit so I’m assuming they somehow got ahold of the check … yes agents work hard and should be paid for the days I work and I assure you it’s more than 70 or 80 dollars and I’m able to save all my residual checks in a separate account… this is a pretty big check so I’m assuming they somehow got ahold of it … so by the time I pay taxes sometimes in two different states pay my manager 10% and my agent 10% I’m left with just about nothing … it’s just under a 1/3 of what I make and on occasion have been worse… I hope I’m wrong and the check just hasn’t hit the account yet but I have a feeling they do have the check… also thanks to the new tax laws I can’t even use my manager or my agent as a tax right off.. this is unbelievable if that’s not a tax right off I don’t know what is!!
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LikeDislikeHow would I know if I’m suppose to pay my agent/manager for my residuals check that’s coming? The show aired on TBS and was shot in LA.
Thank you
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LikeDislikeThat depends upon your union status and your agreement with your agent/manager. The article is very clear about what you include in monies that are due agents’ commissions and what isn’t.