You don't pay the commercial agent a commission on that job unless they negotiated the deal. (I suspect they didn't have anything to do with that theatrical gig. Right?) You should have a contract with your commercial agent that says they represent you for commercial work only.
Posts: 76 | Location: Hollywood, CA | Registered: October 11, 2009
Originally posted by Zenial: I just want to clarify. You don't have to pay him not because he didn't negotiate the deal but because he does not represent you theatrically.
If he did represented you theatrically even if he had nothing to do with the booking you should still pay him the 10%.
Please elaborate! I just booked/filmed a commercial that I submitted myself for. Do I still have to give 10% to my agent though I got this job on my own?
Posts: 33 | Location: NY | Registered: January 19, 2008
If you have a commercial agent adn you book a commerical on your own, ethically the right thing to do is give your agent 10%.
This makes you look good in the eyes of the agent as a person who works hard on their own, shows you are considerate, and also might convince the agent to work harder for you, as you are proving you are indeed marketable. Just my two cents.
Posts: 224 | Location: New York City | Registered: January 27, 2007
Basically, if you have an agent in a certain category, they get 10% of what you make in that category no matter who books it.
If you book in another category, they don't get anything, except in the exceptional case where they might find you something in that category or agree to represent you for something you found yourself in that category.
Originally posted by amo37: If you have a commercial agent adn you book a commerical on your own, ethically the right thing to do is give your agent 10%.
"Ethically" doesn't have anything to do with it if you are signed with that agency. If you are represented by a commercial agent and you have a contract with them for commercials, and you book a commercial on your own, you are LEGALLY obligated to pay them a commission for that job.
If you don't have a contract with them, and you book something on your own, you're under no obligation to give them any percentage of the money. It would be best for both parties to have a contract.
Posts: 76 | Location: Hollywood, CA | Registered: October 11, 2009
Since this posted is based in NYC, they could very well be freelancing with the commerical agent, in which case 'ethically' it is right to give the agent 10% but not legally necessary.
Having a contract is a different story.
Posts: 224 | Location: New York City | Registered: January 27, 2007
That's why I wrote "If you are signed with that agency".
I lived in New York for many years and for part of that time I freelanced with several commercial agencies. I never booked a commercial I submitted myself for, (I don't think I ever submitted myself), but if I had I probably would have contacted one of them to handle the deal and make sure I got all I was entitled to get.
If the actor is freelancing with just ONE agency, then yes, it would be good business to pay that agent a commission even if the actor submitted themselves. (But they should involve the agent in the final booking of the job.) If the actor freelances with more than one agent, it's up to the actor to decide what to do. (If the actor is booking work, the agents should be interested in signing them as official clients. That's how it worked out with me and I had far more auditions once I was signed with one agency.)
And if the actor is freelancing with just one agency, and a casting director calls with an audition, it would be a good idea to say "I'm with such-and-such agency" and either suggest the CD call them to set up the appointment, or notify the agent themselves and tell them you'll be going to the audition and putting the agent's name on the resume and sign-in sheet. So when they book the job, the agent will already be in the loop, and there will be no question that they should be paid the commission.
Posts: 76 | Location: Hollywood, CA | Registered: October 11, 2009
