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What Filmmakers Need to Know About Actor Agreements

Talent is the lifeblood of any film. Without it, a film would never see the light of day. They include actors, writers, directors, producers, and below-the-line crew.

When it comes to actor/performer agreements, the seminal issue is whether the production will employ professional actors who are members of the Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA) or nonunion actors. Actor agreements are as varied as opinions and are seldom the same for every deal. As such, they are often the most difficult to negotiate. Typically, actor agreements will cover terms such as work term, screen credits, travel and accommodations arrangements, likeness approval, commercial endorsements, use of body doubles and nudity.

Filmmakers would be wise to network and forge alliances with the key players in the feature film industry, such as talent representatives, not the least of which should include talent agents, personal managers, and entertainment attorneys. Talent agents serve a vital role since they bridge the gap between you and the “talent.” Their job is to find work for their clients and to negotiate their client’s employment agreement, in connection with an entertainment attorney.

Talent managers (or “personal managers”) provide career advice for actors and collaborate with the actor’s other representatives. The primary role of the entertainment attorney is to provide practical and sound advice and representation to a client when it comes to deconstructing the legal nuances of a deal. The entertainment attorney may also assist a client with obtaining representation, meeting key executives, obtaining employment, obtaining work visas or tax and estate planning.

Obviously, there is no substitute for having a good script. At the same time, having name talent could mean the difference between whether your film gets the financing it needs to make it to the “big screen” or whether it dies a slow and untimely death sitting on the shelf of an overcrowded closet next to hundreds of other reels.

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