To: All Franchised & ATA/NATR Agents
From: Zino Macaluso, National Director, Agency Relations, SAG
Megan Capuano, National Director, Agent Relations, AFTRA
Date: April 3, 2007
Subjects: Long Form Commercials/Clean Contracts/8-Week Cycles
Long Form Commercials:
Recently, the Unions have become aware of productions that have evolved from the
traditional commercial format. These hybrids, which may contain elements that fall under
the jurisdiction of the Screen Actors Guild Industrial/Educational, Television or Theatrical
Contracts, or the AFTRA Non-Broadcast/Industrial and Television or Radio Programming
Contracts, rightly belong under the Commercials Contracts due to their advertising or
commercial message, whether overt or not.
Therefore, if a performer auditions and/or is engaged for a production with any type of
advertising or commercial message, regardless of the length of the piece, please contact the
Unions immediately to help define the appropriate contract under which the performer
should be engaged. Even though these productions may be longer than 3 minutes in length
(or 90 seconds in the case of network radio commercials), they may still fall within the
jurisdiction of the Commercials Contracts and are subject to separate negotiations between
the Unions and the Producer. Over the past year, we have successfully negotiated several of
these hybrid-type productions.
The Unions have been hearing growing concerns from members and agents alike that
performers are being required to grant Producers clean contracts relating to Internet, New
Media, and extended or unlimited editing rights to Producers as a pre-condition to audition.
We have also heard from many of you that Producers are not bargaining in good faith for
these rights at the time of engagement and are attempting to set standard minimum rates in
violation of the 2006-2008 Extension to the Commercials Contracts. In order for Screen
Actors Guild and AFTRA to be able to track these violations and react swiftly on your
behalf, we need your assistance to provide specific examples. Please notify us when you
become aware of any audition notices not in keeping with the Commercials Contracts, and
also provide specific terms for any and all Internet, New Media, and extended or unlimited
editing deals for which your performers are engaged. Performer and agent/agency identities
will always be kept confidential.
Under the 2006-2008 Extension to the Commercials Contracts, the Joint National Board of
SAG and AFTRA granted a one-year waiver of the Television Commercials Contracts to
allow producers, subject to consent of the performer, the right to move broadcast and cable
commercials over to the Internet and/or New Media for an 8-week cycle of use for a
payment of not less than the applicable session fee. In order to determine whether this
waiver will or will not be extended at the end of the one year period, the Unions need to
know if performers have been granting such consent, and what the terms of these 8-week
cycles have been. Therefore, please provide copies of these 8-week cycle deals as well.
If you have any questions, please do not hesitate to contact Sandy Kincaid at 323-549-6858,
(SAG), or Mathis Dunn Jr. at 323-634-8193, (AFTRA).