I came across a new Blog that I like today called Digital Media Law by Johnathan Handel. Recently Johnathan explained the details of the "SAG New Media Agreement" and like the other post, this is pro-SAG and pro-talent rights.
Here are some points that me made in this post:
under sec. 3 of the SAG New Media Agreement, wages are freely bargained by the employer and the performer.
Third, performers should recognize that independent producers are unlikely to make much, if any, money on these productions. Even the studios are shutting down their new media production entities (Stage 9, 60 Frames). And CPMs (advertising rates) for new media are at about $10 rather than $40-$50 (TV) or more, and with viewership on new media much less as well. These two factors, as well as the difficulty of finding any new media distribution at all, mean that independent producers will generally receive very little income from their new media efforts.
Fourth, it’s reasonable for performers to negotiate for back end (a piece of the producer’s gross or net revenues), so that if the producer does make money, so will the performer.
Fifth, when the producer offers to compensate you only in the form of “credit and meals,” or “credit, meals and tape,” that’s illegal...
Sixth, SAG does enforce terms of an agreement between the performer and the producer. So, rather than relying simply on the minimum wage law, it would be a good idea for the performer to include an explicit wage in the SAG new media deal memo with the producer (or a rider), even if the wage is just $8 per hour. SAG would then enforce the agreed wages, meaning that the performer wouldn’t have to rely on the vagaries of the state.
Original made for new media productions are still experimental, and the difficult reality for performers and other talent and workers, above and below the line, as well as their representatives, is that compensation is dramatically lower than in TV and theatrical, just as the revenue for producers is. However, that doesn’t mean that performers shouldn’t insist on some minimums, and hopefully the above suggestions are helpful.
Note:
This blog post is intended as general information, not specific legal
advice. Check with a lawyer about your particular situation if you want
definitive advice.
I believe that bad talent will never replace good talent, even in a User-Generated Content world and I'm encouraged that the guild is starting to formalize rules for agencies to use their talent and accomplish our objectives. As planners and producers we must understand and embrace these guidelines as we play and recommend Propagation Planning.
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