SAG/AFTRA Influencer agreement - jpc townhall update
For those with experience producing commercials featuring SAG/AFTRA performers, we all know that it can be challenging, even at the best of times. For those that don’t have experience (or even know what SAG/AFTRA is), when a Brand or Agency chooses to produce a commercial in the US or with US talent, you are likely going to encounter a very powerful, and highly-influential performer’s union, called the Screen Actors Guild – American Federation of Television and Radio Artists, or more commonly knows as “SAG/AFTRA” or just “SAG”.
When a SAG artist is cast for your production, along with them comes a “Harry Potter-sized” book of rules, regulations, and complex fee structure, commonly known as the Collective Bargaining Agreement. The CBA must be adhered to by the Performer, the Brand and all relevant producing parties. For Brands based outside of the States, you most likely would have come in contact with SAG/AFTRA if you have ever engaged with Celebrity-talent or licensed a popular music track recorded in the States (Yes, even singers are covered by SAG rules…musicians that’s another story).
In a move to broaden their membership (and subsequently increase their Pension & Health contributions), SAG has announced a new agreement specifically for “Influencers”.
Well, as I learned at last night’s JPC Town Hall, there are actually two agreements – a “Standalone Agreement” for Brands & Agencies that are not signatory to the union contract AND a “Waiver” to the existing commercials contract for signatory Brands and Agencies. Not only does this move expand the union’s member base, but should in theory make it easier to engage these Influencers, when and if the union is involved.
Below are some of my key takeaways from this week’s Joint Policy Committee (JPC) Town Hall and how it might apply to you:
1) How does SAG/AFTRA define “Celebrity”? A person “widely known to the public at large”. (And yes, they have made this definition as broad, and generic as possible, on purpose)
2) How does SAG/AFTRA define “Influencer”? An individual engaged to produce “influencer-produced sponsored content…who has amassed substantial social media following and produce influencer-produced sponsored content”. (And yes, again this definition is very broad in scope, intentionally. So, what exactly is “substantial social media following”, you ask? Good question. Unfortunately, the union is not going to be the one to define the term and will leave that to the Brands and Agencies to determine)
3) What is “Influencer Produced Sponsored Content”? Audio-visual content self-produced by an Influencer to promote an advertiser’s product or service created only for digital distribution on the Influencer’s and/or agency’s and/or advertiser’s website, on social media and/or on YouTube. Content written, filmed or produced by any party engaged by the advertiser or agency (other than the Influencer) (i.e., production company, ad agency, PR firm, etc.) shall not be covered by this Waiver. For purposes of clarity, the advertiser or agency may provide the Influencer with notes, suggested messaging, or other guidance relating to the content as long as it is not scripting the content in its entirety.
4) Influencer Compensation, Pension & Health Contributions:
a. Compensation – 100% Negotiable
b. P&H Allocation Guideline – 20% (As opposed to 50% minimum for “Celebrities”)
c. P&H Contribution – 19%
5) Covered Services – On-Camera and/or Voice-over services for influencer produced sponsored content (Hence the 20% allocation considering the Influencer will be responsible for providing many additional services beyond their actual performance ie. production, editing, etc.)
6) Maximum Period of Use (MPU) – 1 Year from first posting. (However, if the content remains on social channels organically beyond expiration of MPU and is not associated to any current campaigns, and tied to its original posting – no further payments will be due to the Influencer, so long as the content is removed upon request of the Influencer)
For more information on the Influencer waiver, you can now download from the JPC website: http://www.jointpolicycommittee.org/2021-waiver-for-influencer-produced-sponsored-content/
If you have any questions, please don’t hesitate to contact DKG&CO. We are here to help.
Dustin Guzowski
Founder | Talent & Rights Consultant