TALENT AGENTS AND WHAT TO LOOK FOR?… (In the Entertainment industry. Talent Agents & Managers what to look for?)

How to get an agent / Photo Credit: Amy Jo Berman

TALENT AGENTS AND WHAT TO LOOK FOR?… (In the Entertainment industry. Talent Agents & Managers what to look for?)

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Talent Agents & Managers what to look for?

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.

What is a talent agent?

A talent agent is someone who represents professional actors, writers, performers, musicians, artists and athletes. Talent agents work on behalf of their clients to promote and represent their interests, and will typically handle the majority of all interactions between their client and the employer.

In general, a talent agent acts as a middleman between talented creative types and those that are looking to hire them. Talent agents may either actively seek out clients to represent, or have entertainers and artists contact them first. The latter scenario is much more common for entertainers who seek representation for the first time. More experienced entertainers and artists may change their agent as their career matures.

A talent agent is responsible for securing employment opportunities for his or her roster of clients, which may include performers, screenwriters, composers, designers, and a number of other creative professionals in the entertainment industry. An agent differs from a talent manager in that an agent is licensed and operates under strict state and local laws. A manager is not permitted to procure employment on behalf of a client, nor are they allowed to negotiate contracts related to employment.

The job duties of a talent agent involve a fair amount of communication and negotiation with prospective employers. Advances in information technology have allowed talent agents to perform much of their job duties online, but at the end of the day, person-to-person contract negotiations determine the final outcome.

Typically, talent agents spend the majority of their time making phone calls or contacting employers and potential clients online. Selling a client's talents to prospective employers takes up a large amount of the agent's day, and the most successful talent agents come up with new and innovative ways to accomplish their goal. Occasionally, something as simple as treating an employer's representative with a nice dinner is all it takes to finalize the signing of a client.

Talent agents promote the talents of their clients in addition to performing other marketing duties. Essentially, the amount of marketing considerations talent agents must consider depends upon the specific industry in which an agent operates. Sports agents, for example, have to consider many more marketing implications than an agent representing a painter or a writer. Talent agents representing actors and actresses have to consider their client’s marketing potential as well.

Depending upon a talent agent's area of expertise, the daily job duties may also include visiting music studios, concert venues, a record label's corporate office, a publisher's office, performance halls, and movie studios. A talent agent would do well to attend as many social events as possible in order to network efficiently and discover insider information about the current state of the movie business. When working on behalf of their clients, every contact an agent can make matters a great deal, more than an agent's clients may realize.

Talent agents labor to find jobs for clients by reviewing production notices and working contacts to investigate new projects that are in development. When the agent identifies a potential gig that is suited to the talent he or she represents, the agent will attempt to set up an audition with the casting director or book a meeting for the client with the producer and director. In preparation for the meeting, the agent will coach the talent through their monologue or discuss with the talent the script and other related background material that is pertinent to the production. This person is also tasked with updating the client’s reel; this is a video of clips displaying the talent’s work on previous projects. When necessary, the agent updates the client’s résumé and will contract with a photographer for headshots.

After a client has secured a job, the agent is then responsible for representing the talent in contract negotiations concerning salary, benefits, credit, and a myriad of other stipulations. When representing a client that is a member of a union or guild, the agent is bound by the minimum basic agreement as set forth by the union and cooperates closely with a business manager from that organization to ensure that contracts include the standard requirements established in the MBA. Talent agents who are members of the Association of Talent Agents are bound by agreements signed by that organization with the Directors Guild, Writers Guild, AFTRA, and similar unions. In all other business matters concerning the client, like personal appearances, endorsements, and other forms of service for an income, the agent is also present for negotiations and will continually work to provide for the best interests of the client. For their efforts, the agent is paid a commission from the client’s salary for each job secured by the agency. This is usually 10 percent of gross wages.

As an actor or model you should understand the basics!

You’re an actor, which means you shouldn’t have to spend the majority of your day staring at the fine print of a contract and trying to understand how it will affect your future. That’s why, from understanding exclusivity provisions limiting how often and where you can work while on a project to the length of a contract’s bind, having a lawyer in your corner can greatly benefit not only your creative comfort but your long-term success.

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.

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.

What's the Difference Between an Agent and a Manager?

The main difference between an agent and a manager is how much personal focus you get. An agent is concerned with one thing―getting you your next (or first) gig. A manager, however, is more of a personal thing. They do much of the same work that the agent does, but they will also handle you much more closely than a typical agent because they handle more personal issues in your life.

All you need to know is that if you put yourself out there and fully commit to your career as an actor both in your performances as well as in your decision to pursue your dreams, then more than likely, you'll have your choice of agents knocking at your door.

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.

Do talent agencies charge a fee?

Extras casting companies sometimes do charge a one-time fee to register usually around $20, although not all do. Talent agencies should not charge actors anything to represent them. They get paid commission when they actually get the actors work.”

As with any legally binding agreement, doing exhaustive research when seeking a representative is time well spent. While it’s important to seek someone with experience in the entertainment business and its respective contracts, don’t be blinded by career ambitions when it comes to choosing a lawyer. Some attorneys in Hollywood boast about their connections to studios, directors, and producers before they earn their law degrees, leading vulnerable actors to believe contacts should outrank knowledge.

“Entertainment law is an amalgam of other kinds of law: contract, employment, intellectual property, writer publicity law. There are so many different facets,” Los Angeles–based law practitioner Tamara Kurtzman. “There are unique aspects to the entertainment industry, like terms and provisions that may not exist in say, a defense contract, but really, the problem with some entertainment attorneys is they’re quasi-agents and not seasoned transactional attorneys.”

For these “quasi-agent” types, getting their client to sign, getting the deal done, and taking their cut can be a higher priority than ensuring the actor understands what he or she is signing. And absorbing the obligations of any contract is essential for the signee. Miscommunications can mean missing out on a percentage of merchandising, expense-paid travel, a DVD copy of the film or project once it’s completed, or a safety net should one be fired or the project tank. And it’s much easier to negotiate a term before pen touches paper than it is after.

Before signing, consider both the long and the short term and how they apply to everything from your required amenities while on set to restrictions while shooting a nude scene. Having a lawyer can help you better comprehend options and leverage for what’s desired. But if you can’t afford a lawyer (they typically charge hourly, averaging $300 and more in L.A., according to Kurtzman), repetition and the internet are your best friends.

“With no other option, read, read, read, and then read it again,” says Kurtzman. “The internet is amazing. If you don’t understand a term, look it up,” and be prepared to invest a good chunk of time to fully understand terminology and phrasing that’s not exactly written to be easily understood. “Take it very seriously. Don’t get swept up with the excitement [of landing the role], save the celebrating for after you’re confident that what you signed is something you’re willing to live with not only in the immediate but in the long term.”

Sometimes considering the size of the role will also help with the decision of whether to get a lawyer. If it’s a small day player or background role, paying someone hundreds of dollars to look over the contract might not be worth it. But if it’s your first major contract with a studio film or a network television show and there are long-term ramifications, you might be better off if you bite the bullet and lawyer up.

How Do You Get an Agent to Notice You?

Upcoming actors often complain they can't get an agent and yet when you study what they've done over the past year or two, they can't point to any one event where an agent might have shown up! You can't get an agent by sitting on your couch. You have to take the initiative and start working wherever you can so that you won't have to seek out an agent―they'll come and see you.

Find plays, short films, student films―whatever and whenever you can. Take classes if only because you increase the likelihood that you will meet someone who has a connection (or even has an agent) that will help you get what you need.

You might even consider becoming your producer. We live in a time where you have a global audience right at your fingertips. All you have to do is give them something to watch. Consider creating your content that will help to get you noticed. There are success stories every day of the unknown who posted something spectacular on YouTube, or of the actor whom no one knew until he wrote a role for himself to play and managed to get his funding. You simply have to find your path and not wait to be told what it is.

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, Scambusters, New York Castings, Brock Kelly, SAG-AFTRA, Sokanu, The Balance Careers,

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How to get an agent / Photo Credit: Amy Jo Berman