[NoHo Arts District, CA] – This month’s acting blog from Fran Montano of Actors Workout Studio discusses “Union and Non-Union Commissions for Commercials.”
I’m writing this blog on April 15th, 2024, tax day. A good day to talk about money, this subject potentially being a controversial one.
Disclaimer – I am not giving any opinion or comment on union vs. non-union work. This is purely fact-finding information for actors, as many have questions regarding the commission situation for non-union work. I am not qualified or knowledgeable in this area, so decided to do some research and report my findings. Here is what I’ve found. I suggest you take this and any questions to your accountant, agent, or lawyer for any issues or clarification. This is what I’ve found regarding commercials.
Union Contracts.
The contract for union commercials is fairly standard. Agents get 10% of the session fee plus 10 % of all residuals. For example, (let’s use $1,000).
- If the contract reads $1,000, the actor will receive $900 and the agent $100 (10% commission). After that, the agent will receive 10% of the gross residuals and the actor 90%.
- If the contract reads $1000 plus 10, the actor will receive $1000, and the agent will get $100. The production company or advertiser is paying the extra 10% to the agent for the actor’s commission.
This is standard and if you are a union member, you have the full power of Sag/Aftra behind you with any issues or concerns.
Non-Union Contracts
These are negotiated by each agent, but generally they are this: agents get 20% for non union work. This includes session fees and any residuals (called ”buy outs” for non union).
- If the contract says $1000, the actor will receive $800 and the agent $200.
- If the contract reads $1000 plus 20%, the actor will receive $800, and the agent will get $200. The plus 20% is considered by many agents as a “booking fee” so they get an additional $200 as well, for a total of $400.
My research shows that there is some controversy regarding that 20%. Some actors feel the production company is paying the 20% for the agent’s commission (like union jobs do). Agents call that 20% a “Booking Fee.” Most agents are all in agreement with this so it’s tough to fight. It also may legitimately be a booking fee. Not sure where the production companies or advertisers stand on this issue, or what is the legal interpretation. Regardless, the union will not help you there as it’s non union and their answer will most likely be, “Don’t do non-union jobs”.
The bottom line and my question (rhetorical) is for actors to understand this: If you get a union job, your agent gets 10%. In most cases on a non-union job, your agent will get 40%.
One statement I heard some agents make is that they don’t make as much for all the work they do on non-union jobs. The payout rates on non-union jobs is lower for non union than union for the same amount of work required. So hence, a higher fee is required.
For actors, this is what I’ve found. If any of you know anything more or if I got some of this wrong, feel free to let me know.
Hope this helps. And again, just the facts, just the facts.
Fran Montano
Actors Workout Studio