Member Update on Talent Agents
Introduction
Because of the inherent complexities of agency relations today, SAG has received numerous requests from its members to clarify the current state of affairs, both with respect to its franchised agents, and with agents that are affiliated with either the Association of Talent Agents (“ATA”) or the National Association of Talent Representatives (“NATR”) (collectively, “ATA”). ATA agents are no longer franchised.
After the April 2002 referendum defeat of the SAG-ATA proposed agency agreement, SAG’s National Board unanimously adopted a motion that would allow all represented performers to continue pursuing their career objectives with the least amount of disruption possible. To that end, the Board voted to temporarily suspend enforcement of Section 16(a) of SAG’s Rules and Regulations which requires members who choose to secure the services of an agent, to choose from the pool of agents approved (i.e. franchised) by SAG. This temporary suspension, however, only applies to ATA agents. Therefore, SAG members may, for the time being, continue to be represented by only two types of agents: those that are franchised (i.e. SAG regulated) and those that are formerly franchised and currently affiliated with the ATA.
What About Those Talent Agents That Are No Longer Franchised?
ATA agents have no legal obligation to abide by the requirements of Rule 16(g), the SAG Agency Franchise Agreement, and many of them have chosen not to do so. SAG cannot enforce its agency rules against these agencies. Although members are permitted during this interim period to be represented by these formerly franchised agents, members are advised not to sign any individual representation agreements presented to them (e.g., “general service agreements,” or “GSAs” or “Stare approved agency contracts”) with these entities without first consulting with their Guild, especially if the terms contained therein provide less protection than the SAG Agency Franchise Agreement.
Most GSAs contain provisions which offer SAG members drastically fewer protections than those in the Agency franchise, including, but not limited to, the ability for the agent to commission previously non-commissionable residuals as well as other sources of revenue, and significant alterations in the performer’s ability to terminate his/her agency contract. Members will also note that SAG will not be able to offer its arbitration/mediation services to settle commission or other disputes with these agents since they are no longer under our jurisdiction.
Franchised Agents Still Covered By SAG Protections
However, if your agents are still franchised by SAG, then these agents (as well as the SAG members they represent) continue to be protected by and bound to the terms and conditions of Rule 16(g). Hundreds of SAG franchised agents across the country have maintained their on-going relationship with SAG, and continue to loyally serve SAG’s members pursuant to the requirements of Rule 16(g). Any standard SAG agency contract you sign with a Franchised Agency should be filed with, and processed by, the Guild.
Where To Get More Information
Should you have any agency-related questions, please do not hesitate to contact SAG’s Agency Departments at: (in LA) (323) 549-6729, or (in New York) at (212) 827-1438, or by e-mail at: agentquestion@sag.org
Also, please continue to check the SAG web site for updated information on this and any other Guild matters. In addition, members resident in the State of California may also contact the Department of Industrial Relations, Division of Labor Standards at (415) 703-4848, if they have any further questions or concerns about a document they have been asked to sign. Members resident in the State of New York may contact the Department of Consumer Affairs, Complaint Division, at (212) 487-4491.
