An agent submits you for jobs, arranges the appointments or necessary interviews, negotiates your salary and other conditions, and receives a percentage of your earnings (a commission) if you get the job. Actually, this description is oversimplified, for a good agent does much more.
Agents function importantly in theatre, motion pictures, and television, and within these fields, their business relationships with actors are regulated by Equity, SAG, and AFTRA. Such regulation is made possible by the issuance to agents of franchises; for example, an agent cannot represent any member of SAG unless the Screen Actors Guild has issued a franchise to that agent. Most agents are franchised by all three unions, which means that they have agreed to abide by the rules and conditions established by them. But some agents may hold franchises from only one or two of the unions. This is especially true in California, where theatrical activity is subordinated to TV and film production; thus, a number of agents in Hollywood do not hold Equity franchises, but function actively in the motion picture and television fields.
Do You Need an Agent?
Whether or not an actor needs an agent is the subject of some disagreement among people in the business. It is important to understand that there is a difference between being sent on an interview in Hollywood and in the live theatre in New York, where, with enough luck and persistence, an actor can often get an interview without being sent by an agent. Still as we have previously pointed out, the actor sent by an agent has a specific appointment, and usually gets the interview with the person he or she has been sent to see. In Hollywood, especially, you can't walk past the guard at the studio gate and into the casting office without an appointment--not even to see the receptionist. It is probably true that if you can get a reputable agent interested in you, you are better off. But this does not mean that you should sign a contract with that agent right away. For the agent who will sign you without first having seen your work is probably not one you'll want when your career gets off the ground. Wait, and if you get a chance and are seen to advantage, you may be able to take your choice.
Exclusive Management or Freelance
The unions have several types of contracts and authorizations under which agents and actors do business together. But essentially, an actor either is a "freelance" performer or that actor has an exclusive management contract with an agent.
If you are freelancing, you have not signed exclusively to one agent, you are not committed to have that agent represent you exclusively in a particular field. If the agent submits you for a film and you get it, he or she gets a commission for that film. If another agent gets you a part in another movie, that agent gets the commission for that film. You don't have to be signed to an agent in order to have the agent represent you for a particular job. Many agents and actors work together without exclusive contracts, on a trial basis. If a freelance actor is submitted for a job by a particular agent, the actor merely signs an authorization, specifying that the agent represents her or him for that job, and setting forth the commission to be paid if he or she gets the role. This is the way most young actors work when they first begin their careers. Some established performers work this way, too. It's a good way for an actor and an agent to get to know each other. But under no circumstances should the actor be submitted for the same job by more than one agent. The actor must make sure this doesn't happen.
Each union authorizes an Exclusive Management Contract that applies only to its jurisdiction. If you sign one, you cannot approach other agents to submit you for parts in that field, and you should refer all applicable offers of employment to the agent with whom you are signed. Usually, these exclusive management contracts are for periods of from one to three years, with provisions for termination if you don't work in the applicable jurisdiction within a reasonable length of time.
Although it is not necessary to sign with an agent in order to have the agent work for you, some actors and some agents prefer it. To the agent, it means that there is less likelihood of devoting time and effort to your career only to have you become famous-largely through her or his efforts-and then leave just when the agent's commission is beginning to mean something. For the actor, the exclusive management contract implies that the agent takes a long-range interest in developing the actor's career, will help with advice and legal problems, and will fight for the best possible conditions and salary. If you are lucky enough to get a good agent, this can be a great factor in furthering your career.
Unhappily, it can work the other way, too. Some agencies, including the very biggest, have been known to sign well-known actors to exclusive management contracts and then sit back and do nothing, secure in the knowledge that whatever work the actors get because of their own stature in the profession, the agency will still get its cut.
There is no simple answer to the question of exclusive representation, which is why the choice of an agent is so important. One thing is sure: the agent and the actor must trust each other; don't sign an exclusive contract with an agent you don't trust. Other actors and unions are a good source of advice on this score. At any rate, this is not the kind of decision that newcomers customarily have to face.
Incidentally, it is possible to have one agent represent you exclusively for films, (by virtue of signing a SAG contract) and to have another represent you for television (on an AFTRA contract); or to be represented exclusively in one medium and freelance in others. This situation is, in my view, not especially desirable, except for theatre work, where it is quite common: many actors have exclusive contracts with agents for films and television, and then freelance insofar as the Broadway stage is concerned. This is perfectly proper, as long as there is no misunderstanding.
Why is It Important to Deal with Franchised Agents?
Franchised agents have agreed to comply with the conditions and codes of professional ethics embodied in their contracts with the unions. Most of them do. Indeed, many agents truly take great pride in discovering and promoting new talent and in helping to build careers through wise and experienced counsel. Such persons are invaluable to an actor and are worth far more than the percentage they actually get paid. But not every agent is so dedicated, and the franchise is designed to ensure protection against the agent who perpetually tries to pirate other agents' clients, who uses an actor's need to work as a basis for making personal demands, who overcharges on commission or tries to collect payment even when not entitled to it, who withholds salary or indulges in other shady practices. There are agents who do these things--how do they get away with it? Such malpractice is possible only when the actors involved do not understand their rights or are too intimidated to report infractions to the unions. The agent who is interested only in a "fast buck" is not the one with whom you want to stay. Under no circumstances should you enter into an Exclusive Management Agreement with such a person. This type of agent is a menace to actors, other agents, and the entire profession.
One thing to remember: an agent who holds franchises from the unions may represent you even if you're not a union member. But a union member may not work through an agent not franchised by her or his union. Even if you are not a union member, stay pretty close to the franchised agents. It won't do you much good to be handled by someone who doesn't represent professionals. AFTRA, Equity, and SAG print lists of agents franchised by them, and these lists are available from the union offices.
In addition, the agency rules of each union are published in booklet form; when you join a union, you should ask for these rules and study them. Not only do the rules protect you; you also have certain obligations that you must fulfill. Understanding the agency rules of your unions can save you a lot of grief. Each union has an executive who handles agency affairs. When you have questions of any kind, check with this individual.
How Much Do You Pay?
You never pay more than 10 percent of your salary to any agent franchised by a union in any circumstances, whether you are working in films, television, or theatre. There are no exceptions. Even if, by some unique circumstances, two agents have arranged to "split commission" on a job--as sometimes happens when New York and Hollywood agents arrange to represent the same clients in different locations--the most the actor can pay is 10 percent. This kind of dual representation is not something you are going to be concerned with at the start of your career. If you can manage to negotiate with an agent to accept a smaller percentage, that's all to the good, for the commissions specified in the franchise agreements are maximum payments, and actors may pay less. Usually, however, commission percentage is standard, except for high-salaried stars whose earnings and overhead (they also need attorneys, accountants, and secretaries) are relatively high. If you get an agent, you will probably pay the maximum commission.
Television
If an agent gets you a job on television, he or she may collect 10 percent of your salary. In most cases, the agent cannot accept (and you cannot pay) any commission on AFTRA "scale" (minimum salary negotiated by the union). In fact, you cannot pay commission if by so doing your salary will be reduced below scale. Very often, the TV networks arrange to pay salaries equal to scale plus commission, so that both the actor and the agent will comply with the AFTRA rule. If you are earning well over scale, of course, you pay the agent 10 percent of your gross salary.
These arrangements apply whether you are freelance or under exclusive management contract.
Films
The amount of commission and the circumstances under which it is paid are pretty much the same in film as in television, with one important difference: actors working under the jurisdiction of Screen Actors Guild may pay commission on scale.
Theatre
Here again, Equity's rules are different and more complicated. For work in the theatre, there are two types of contracts between actor and agent: the Agency Authorization contract for a specific engagement and the exclusive management contract, which may cover your employment in the entire legitimate theatre industry, or which may be limited to one or more specific engagements.
Things to Remember
Even if you are a freelance actor, never play agents off against each other. If one agent calls you for a job and another has already approached you about the same job, tell them both exactly what the situation is. Unfortunately, actors most often get in trouble by not wanting to say "no" to anybody, for fear of losing employment. But you'll get a bad reputation that way.
Also, be absolutely sure that you and the agent understand each other before you see about the job he or she sends you on. You don't have your house painted first and discuss the price afterward. The same things hold true of your relationships with agents. Usually, the maximum payments authorized by the unions apply to each job, but not always. Agree on payment before the agent starts to work, bearing in mind that you can never pay more than the maximum amounts specified by the unions.
Don't trust an agent who claims to have exclusive casting rights to anything. Some agents are paid to function as casting consultants, but in these circumstances, they are never allowed to take commission from the salary of an actor who works in that particular show. There is no question that in the past, certain agents (very few, incidentally) have made a practice of finding out from producers which actors are under consideration for a particular role, then calling these actors and informing them that, in order to work in that production, they must be submitted by the agent in question. As a result, many performers who would rather work through agents who have already helped them are afraid to refuse this illegal "exclusive" representation. Such cases should be immediately reported to the proper union; you will be protected and the agent will, in all likelihood, lose her or his franchise.
Actors who do not honor their contracts with agents can also cause a good deal of trouble. The unions take a dim view of actors who play one agent off against another, and the actor who does this quite often incurs unwelcome publicity and an unsavory reputation.
The main thing to remember, as you start to make the rounds, is that agents need you as much as you need them. You should expect to be treated with courtesy and candor. If you want an agent, there are many of them in business, and there is one that is right for you. But remember, the lack of an agent has never kept a brilliant talent from being recognized.
The unions provide listings of franchised agents. In addition, Back Stage periodically publishes lists of franchised agents. Ross Reports contains detailed agency information, noting if the agency is franchised, type of clients it specializes in (children, voice-overs, theatre, etc.), and its policy on accepting photos, resumes, and tapes. Ross Reports publishes listings for both New York and Los Angeles.
Personal Managers
Personal managers are not franchised by the unions, nor are they subject to regulations that apply to agents. Therefore, they may collect fees as high as the traffic will bear. In turn, they should provide more comprehensive services than agents, acting sometimes also as business managers and financial and legal advisers. They may invest considerable time and money in your career, but you should proceed with caution before signing any agreements.
Independent Casting Directors
Casting consultants are employed by studios, networks, advertising agencies, or producers. They are paid by these companies and not by the people they hire. They, too, are not bound by any union restrictions. Ross Reports carries a listing of Independent Casting Directors on both coasts.
Some Words of Warning
Many people, lured by the glamorous lifestyle and the promise of high salaries, have been victimized by false promises of money and stardom, and are easy prey for unscrupulous and fraudulent agents and managers. Here, as in all walks of life, it is necessary to be an informed consumer. You should be well informed and careful about any agreement you make in seeking to further your career.
An acquaintance, who happens to be very knowledgeable in the area of theatre and agents, recently received, in the mail, a letter informing him that his son, aged four, had been brought to the attention of a specific personal management firm specializing in children for commercials and modeling. He was asked to call for an appointment so that one of their "agents" could see the child personally. On the evening of the appointment, an "agent" came to the house and started by saying that the chances of a child actually appearing in a commercial are not good, but that this particular child was so "perfect" for commercials that for a deposit of only $185 to cover photo expense and mailings, the "agent" would have his firm issue an option for the child that would run for five years. The money, he said, could be paid in installments or even by postdated check. It turned out, after some investigation, that the Federal Trade Commission was aware of this organization, and that it was merely a front for a photo firm. This is a true story and, unfortunately, not an isolated case. So beware!
In New York State, the Attorney General's office and the American Federation of Television and Radio Artists prepared a brochure some time ago providing some useful tips on getting started and avoiding being ripped off.
Some things to watch out for in dealing with an agent or personal manager are:
- The phony ad in newspapers or trade journals that says "new faces wanted" for commercials, modeling, or movies, adding that "no experience is necessary." These ads also appear in the Help Wanted columns of newspapers and often print alluring salary ranges. Most, if not all, of such ads are come-ons.
- The company name that sounds similar to the name of a well-known movie studio, TV network, or other established and reputable organization. This is used to give the false impression that the two are connected.
- The "agent" who obtains lists of children's names from unsuspecting teachers, or waits outside schools or playgrounds to solicit children.
- The agent who asks for a fee in advance. A "registration fee" paid to any agent or personal manager is always a worthless investment. This is the main characteristic that distinguishes a legitimate talent agency from a phony one. Legitimate agents and personal managers work on a commission basis. They don't get any money unless and until you get paid for doing the work they have obtained for you.
In fact, under New York State law, it is illegal for an agent or manager to accept any retainer or advance fee in return for ser-vices, except as repayment for expenses actually incurred for the consumer or as commissions based on payments received by a consumer as a result of a show business job. So never pay a fee to an agent or manager, even for photographs or audition tapes.
- The agent or manager who may insist that you take acting lessons at a particular school or from a particular teacher, or who tries to get you to buy expensive photographs, audition tapes, or other services or materials sold by someone he or she suggests. Photographs should be taken by a photographer familiar with the kind of photos needed specifically by performers.
Perhaps you will be given a test (asked to read a scene or a commercial) and told that you have "a lot of talent," but that it needs to be developed. Then the agent will try to send you to a school run by an associate.
- The office of the agent or manager who displays photos of famous stars to give the impression that they are represented by the agent, when, in fact, they are not.
- You may be asked to sign a contract full of confusing legal language. This will bind you, but will let the phony agent off the hook.
- The location and name of phony agencies may frequently change because they go out of business to avoid prosecution, only to turn up later under another name at another address. Reputable businesses should have a fixed address. If, during normal business hours, nobody answers the phone, be careful.
A swindle of another nature was reported in the press. It involved a sophisticated telephone scam to bilk aspiring actors out of hundreds of dollars. It worked like this: Notices were posted with modeling agencies announcing the need for nonunion extras to work in a new film starring, variously, Patrick Swayze, Rob Lowe, or Arnold Schwarzenegger. A fictitious producer and production studio was named, along with a phone number that led to a recording. After an actor left his or her number, someone posing as a movie producer returned the call and told the actor, after a brief conversation, that he or she would be perfect for a role in the film. However, the actor must first talk to a Screen Actors Guild representative. The actor was then instructed to wire $150 to $400 for union dues to a fictitious Screen Actors Guild official in Hollywood or New York. Once the money was sent, neither the "producer" nor the "SAG official" was ever heard from again.
SAG attorneys received complaints from victims in cities throughout the United States, including Chicago, Louisville, Milwaukee, Toledo, Memphis, Amarillo, Phoenix, San Diego, and San Francisco. The scam always occurred on weekends, when no one could call a SAG office to check out the offer.
Screen Actors Guild never takes money up front. Applicants must visit an office and fill out forms. SAG further cautions all actors to be careful. Never put money up front for anything--an agent, a manager, or a job. Legitimate businesses don't operate that way.
