CASTING AGENCIES IN MOTION PICTURE PRODUCTION… (In the Entertainment industry. Casting Agencies)

Talent Agency / Photo Credit: NY Castings

CASTING AGENCIES IN MOTION PICTURE PRODUCTION… (In the Entertainment industry. Casting Agencies)

Bruce Bisbey…please follow me at: https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

Casting Agencies in Motion Picture Production

WHAT SHOULD YOU LOOK OUT FOR IN A TALENT REPRESENTATION AGREEMENT?

Once an actor secures a representative—whether an agent, a manager, or both—the actor will be presented with a representation agreement (although agents sometimes "hip pocket" certain clients, or represent them without signing them, holding off until a big role comes up). Because a representation agreement can have long-term implications, it's a good idea to have it reviewed by an attorney.

General Services Agreement

A "general services agreement" is the standard, very broad representation agreement (hence the "general") used by talent agencies. In California, these agreements are governed by the state and must be approved by the labor commissioner. In New York, the industrial commissioner regulates them.

In addition to a GSA, an agency franchised by the American Federation of Television and Radio Artists or Actors' Equity Association will typically have the actor sign the union's agency agreement if the actor's services will fall under union jurisdiction. (The Screen Actors Guild's agreement with agencies expired around 2000, so its forms are no longer used.) Union agreements are geared toward protecting the actor and are usually more actor-friendly than a typical GSA. Because their provisions are approved by the union, there is less concern about signing one without extensive review (though you can always improve its terms).

Actors often sign a GSA in conjunction with one or more union agreements, as the GSA covers services that aren't covered by the union agreements (such as personal appearances and endorsements). In some cases, the GSA will be the only agreement signed by the actor. Here are some key terms to look out for, though there are many more.

Contract Term

One of the first things to look for in a modeling or acting contract is the length of your commitment. Some agencies might require a three-year, or even a seven-year, contract. Needless to say, if you become unhappy with how the agency represents you, you're going to remain unhappy for years to come. And breaking a years-long contract might be more complicated and expensive than it's worth, especially if you or your child are only pursuing the business part-time. A contract that is only one to two years in length might be prefer agreement is typically between one and five years. AFTRA and Equity restrict the duration of an actor's initial representation term to one year. After that, the term can be longer if the agreement is renewed. Typically, union contracts can be terminated if the artist has not received a minimum number of engagements or a minimum amount of income during a three- or four-month period. Actors should request the same provision in a GSA, in order to retain their right to terminate the agreement if the relationship with the agent is not working.

Coverage

Because GSAs are usually broad and include all artistic services, actors often carve out some types of employment or certain pre-existing projects from the agreement—meaning they are not included in it. For instance, an actor who is established in theater but looking to work in commercials would carve out stage projects. Carve-outs can be very specific ("commercials for Coca-Cola") or general ("commercials").

Another coverage issue is the representative's right to take a commission after the term of the agreement expires. Only projects substantially negotiated during the term should be covered. Union agreements address this issue as well.

Escape Clause and Termination

In addition to the term of the contract, you need to clearly understand when and under what circumstances you or the agent can terminate the relationship. Many agencies include a clause that allows either party to end the commitment after, for example, four months to a year, if either party is not satisfied with the number of bookings or amount of earnings. If the contract you are offered does not include such a clause, you can try to negotiate this point. The agency would not want to sign you if it did not believe it could make money from you. Before you sign the contract, use the leverage you have to work out better terms.

Exclusivity

Exclusivity should not be an issue unless you are experienced or signing with a top agency in a large market such as Los Angeles or New York. An exclusive contract means you can only get work through the agent. You cannot even look for assignments on your own. When you are just starting out, this can prove limiting and counterproductive. The chance to work on non-agency (read, "low-paying") jobs can give you valuable experience on a runway or in front of a camera. A non-exclusive contract is better suited to absolute beginners and folks in small- to medium-sized cities, where even online bulletin boards can lead to paying modeling jobs.

Percentage Commission

Discuss how much the agency will take out of your paycheck. Some agencies are under strict rules to deduct no more than a 10 percent commission for TV and film jobs. However, many agencies are not union-franchised, and even franchised agencies often solicit non-union work for you. There is no union for print and runway work, as of publication. Fees and commissions in these areas are largely unregulated. Your state's laws might not address agency conduct. Consequently, though the non-union industry standard commission might be 15 to 20 percent, your agency contract might include 22.5 percent or more as commission. Be sure you are clear on the figures before you sign.

Technically, commission rates are negotiable, but most agencies won't reduce their standard percentage. Licensed agents abiding by union-mandated provisions cannot take more than 10 percent of the actor's earnings, while personal managers occasionally ask for upward of 15 percent. If the actor has both a manager and an agent, the manager will typically limit his or her commission to 10 percent.

In some cases (usually the bigger talent agencies), the agent will take a "package fee"—a percentage of the budget or license fee for the project, paid for by the studio—in lieu of commissioning the actor. This applies to projects for which the agency "packaged" several clients (actors, writers, directors) who together make the project saleable.

An actor should never pay up front for representation. Such offers, occasionally accompanied by a guarantee of employment, are typically illegal.

Travel, expenses, and similar perks should never be commissionable.

When You Get Paid

Consider your payment schedule. This is another area in which not only working with a union-franchised agency might prove beneficial. Union jobs must be paid within a predetermined time frame, typically 10 to 30 days from the shoot date. Timing of payment for non-union commercial, print or runway work falls to the agency. Some agencies state in the contract that you will not be paid until the agency receives payment from the client. Because there is no stated deadline, this could mean waiting months -- or forever -- for a check. If the client never pays, you never get any money. Other agencies pay within 14 to 30 days, regardless of when a client pays them. Take your time when perusing a contract and negotiate unfavorable terms. If the document is rife with dicey provisions, it might be best to walk away.

Personal Managers and Talent Attorneys

Actors may engage a personal manager and/or a talent attorney instead of or in addition to an agent. Management representation agreements are similar to agency representation agreements but are not subject to union protections or state approval. The key negotiation issues are essentially the same as with an agency agreement.

Talent attorneys are not usually involved in procuring employment but are valuable in reviewing employment agreements. Talent attorneys use "retainer agreements" and often take a 5 percent commission on earnings in lieu of an hourly fee.

SOME INSIGHT IN TO HOW THE AGENCIES ARE GENERALLY RUN.

Casting agency businesses earn commissions on the contracts that they secure for talent. This is usually expressed as a percentage of the contract, but sometimes an agency may assess a flat fee on top of a contract.

What happens during a typical day at a casting agency business?

A typical day at a casting agency business involves a lot of emails, messages, phone calls and in-person meetings. Business owners are in near-constant communication:

• Finding and auditioning prospective actors who want to join the agency’s list of talent…
• Checking what production companies’ current talent needs are…
• Recommending talent for production companies…
• Arranging auditions between production companies and talent…
• Negotiating contracts with production companies…
• What is the target market?
• While casting agency businesses must advertise to actors in order to build their talent list, their target market is ultimately production companies. Its companies that pay casting agencies…

 How does a casting agency business make money?

Casting agency businesses earn commissions on the contracts that they secure for talent. This is usually expressed as a percentage of the contract, but sometimes an agency may assess a flat fee on top of a contract.

Kerry O’Donnell reports that some casting agencies also charge talent registration or “digital processing” fees.

Generally speaking, casting agencies may be “boutique” operations that carry a select list of talent or large corporations that represent lots of actors. Agencies that specialize in extras tend to be larger, because extras’ contracts pay less than those of other actors.

What are some skills and experiences that will help you build a successful casting agency business?

Business owners must be well-connected within the entertainment industry to start a successful casting agency. They need to know producers and casting directors so that they can learn about different production companies’ casting needs early on and recommend talent.

The best way to build these necessary connections is by working in the industry before launching a casting agency. Owners can continue to build their network by attending events, such as shows, parties, festivals, and fundraisers. Getting plugged into the most exclusive events requires a previously established connection, though.

Because networking is so important, business owners may want to work for a casting agency before launching their own agency. Working as a casting associate or casting assistant won’t pay a lot, but the relationships forged while in such a position can prove invaluable.

PRIVACY TIP: If you ever need to upload your resume online, consider removing your email address, phone number, and mailing address from your resume first. Some scammers look for resumes online so they can contact actors directly.

Sources, References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, Film Daily, New York Film Academy, The Balance, The Numbers, Film Maker, TV Guide Magazine, Media Match, Quora, Creative Skill Set, Investopedia, Variety, No Film School, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Huffington Post, Backstage, Your Young Actor, Cast it Talent, Larry Garrison, Wallace Wang, Luke Crowe, Scambusters, Dina Appleton, Small Business, Kerry O’Donnell

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Talent Agency / Photo Credit: NY Castings