ei Management

FREQUENTLY ASKED QUESTIONS ABOUT THE INDUSTRY

Q.		What is a union?
A.		A union in the entertainment industry is like a union in any other union. It is an organization which bargains collectively for actors or other professionals and also represents their interests. The major acting unions are SAG (Screen Actors Guild), AFTRA (American Federation of Radio and Television Artists) and Actor's Equity (for live stage). There are also unions for directors, writers, electricians, truck drivers and many of the other craftspeople you see on the set. When a production such as a movie or television show wants to work with union talent and crafts people, they enter into an agreement with the appropriate unions, agreeing to pay the negotiated rates and to conform to the contractual work rules. This is called "becoming a signatory." Most major production companies and studios are signatories.

Q.		Are union productions just for large companies?
A.		There was a time when you needed to be large to afford the rules and rates negotiated by the unions. That is no longer true. Union members wanted protection on small as well as large productions and the unions wanted to educate producers as to the benefits of using union talent. SAG in particular has developed contracts which are as basic as an experimental film (where the talent receive a copy of the film, credit and meals with a share of future projects) to standard contracts which cover the blockbuster films, such as "Indiana Jones." The idea is to make union filmmaking within the reach of all producers, large and small.

Q.		If I join the union does that mean I can only do union work?
A.		In the past, that was absolutely true. I know of a number of actors who have been sanctioned for getting involved in non-union productions. As with producers though, SAG in particular, has become more flexible. They have developed a program called "financial core" which will allow some members to do union as well as non-union work. There are, of course, caveats, but there is more flexibility. In addition, several years back the membership of SAG voted to eliminate the requirement that all agencies be franchised to submit talent for union roles. The effect is that smaller agencies are now involved in the casting process. More importantly, it is the smaller agencies that also tend to have access to the better non-union opportunities. To be sure, there are and always will be great advantages for talent to be involved in union productions. Flexibility, on the other hand, makes success easier to attain. The new rules provide for more options, and with that, more kinds of decisions which have to be made.

Q.		What is the union for models?
A.		There is no modeling union or guild. There are some private agencies that use the name "Modeling Guild" but they shouldn't be confused with a union for models. The problem with modeling is that, unlike movies and television, in the modeling industry there are too many people producing material. It isn't practical to establish a union since there are simply too many people to negotiate with. On the other hand, while there is no union, market forces do dictate the basis for terms and conditions. Rates are also much more driven by market forces. A good agent and/or manager will be able to help you understand the industry and will work to maximize your worth.

Q.		How important is nudity to the business?
A.		That is one of the hardest questions to answer. For some, nudity will never be an issue. For many others, it will be inevitable. As an example, nearly all successful fashion models will end up with some, editorial style nudes in their portfolios. Magazines such as Cosmopolitan and Vogue routinely feature nudity to some degree or another. Many models aspire to be in Maxim or Victoria's Secret. Even Sports Illustrated, whose swimsuit edition is coveted by many young models, includes implied nudity and body painting. For many models, doing implied nudity, or perhaps even some tasteful nudity becomes essential. Young actors, and particularly actresses, face the same decision. When actors and actresses are young, they are often offered horror movies, teen movies or are asked to be the love interest for the lead. To some degree, it is difficult to find an experienced actor or model who hasn't done some degree of nudity. That having been said, while nudity is common, it isn't inevitable. There are aspects of the industry where nudity is uncommon. As an example, look at the recent Miley Cyrus ("Hannah Montana") controversy. In her case, a simple shot of her bare back in Vogue raised some eyebrows. Commercial actors and models often find that nudity is not required. When looking at the issue, you need to voice your concerns to your agent or manager and then make an intelligent decision. A qualified professional can help you create a career and persona based on your views, and more importantly, can help you decide if your views are realistic, in all areas.

Q.		Do minors get involved in nudity?
A.		One of the most difficult decisions a parent has to make is to decide how to portray their child. It starts to become more difficult when they get into their early teen years. Up to a point, there will be many roles and opportunities available in which the child plays a child. As they advance in their teen years, at some point they have to transition to roles portraying older characters. If you elect to put your son or daughter into the fashion industry, they will start them as young as their early teens. They will be treated as would any other model. If strutting the catwalk, you will find them in crowded mixed sex dressing rooms, without privacy. Over the years, there have been many examples of nudity in films with under aged actors and actresses. Good examples are Thora Birch in "American Beauty," Mila Jovavich in "Return to the Blue Lagoon" and Reese Whithesoon in "The Man in the Moon." There are other examples as well. The list isn't limited to young women. David Arnott did a nude scene at the age of sixteen in "Chris Cross." The point is that nudity isn't the exclusive purvey of talent over eighteen. The good news is that a parent has a lot more control over the situation when the actor or model is a minor. They have the ability to say "no" and to craft a career that is age appropriate to their family and their values. When deciding to bring a minor into the industry it is important to consider their maturity and their career goals to carefully plan out a strategy that maximizes the possibility of success but fits within the comfort zone of both the talent and the family.

Q.		Is it true that an agent will pay for all of my expenses to get me started in the business?
A.		In a perfect world, you would walk into an agency and everything would be free. This is not a perfect world, it is the real world. What is true is that there are only a few things that a legitimate agency or manager might charge you for directly. As an example, if an agency has a "head book" they may charge you to appear. There could be a charge to appear on their website. There can be other similar charges which are appropriate and normal. On the other hand, there are many things you may be asked to pay for which the agency or manager will require but for which you will have to deal with directly. As an example, as an actor, you are going to require lessons or coaching indefinitely. Big name stars will have acting coaches. Your agent or manager may help you pick a coach, but you will be expected to pay for the service yourself. If you are a model, you will eventually need a portfolio. It isn't uncommon for an agent or manager to give you a list of qualified photographers and expect you to pick one and pay them to shoot. You will need to have comp cards or headshots printed at your own expense. On rare occasions an agency might advance some of your costs and deduct them from income, but in general, you should not expect it. Modeling and acting are businesses. There is an investment to get started and it is just part of the cost of success.

Q.		Do modeling agencies have to be licensed?
A.		There is no single answer to that question because the requirements vary from state to state. In California, anybody who procures or attempts to procure work for talent must be licensed. In California, however, the penalties for non-compliance are relatively minor. Florida, on the other hand, makes working as an agent without a license a criminal offense. In North Carolina, they have an entirely different approach. To become an agent, you must first get a license as a photographer and then you can get an added privilege certificate attached to permit you to be an agency. The purpose of the certificate, however, is more to collect taxes than to regulate business. New York state has no specific law regarding licenses for talent agencies, but they do have an employment agency license which the state feels applies to agencies. That is true in other states as well. On the other hand, despite the employment agency laws, many of the agencies in New York City define themselves as model managers rather than modeling agencies and thus circumvent the law. To date there has never been a successful prosecution. On the other end of the spectrum, Wyoming requires no license at all. There is also no uniform definition of what an agent is, and therefore, even where there are licensing requirements, they will not apply equally to all businesses in different states.

Q.		Do talent managers have to be licensed?
A.		In California, the State Supreme Court found that an individual is constitutionally entitled to have a personal manager. They struck down the state's attempts to regulate managers using the laws that require agents to be licensed. So long as a manager doesn't charge a fee to procure or attempt to procure work for talent, they typically won't have to have an agency license. Generally speaking, most states that require agents to be licensed don't require managers to be licensed. There are exceptions though. Texas is a good example. Their statutes do specifically have licensing requirements for managers.

Q.		What is a model release?
A.		A model release is a document signed by a model, actor or the subject of a photo giving the photographer (or publisher) the right to publish the likeness of the individual for commercial purposes. The laws regarding the need for a release vary from state to state and country to country. As an example, in some states, a release is not required. Other states have strong statutes or court decisions which affirm the need for the subject's consent to use their likeness. As a model or an actor, what you need to understand is that you are in the stronger position if you do not execute a release, except the absence of a release does not entirely prohibit a photographer, publisher or videographer from using your likeness. Even in those states that require a release, there are exceptions. As an example, if your likeness is being used for a legitimate, newsworthy purpose, a release is probably not required. There are generally exceptions for works of art, although the definition of what a "work of art" is will vary from state to state. If you are a union performer, you have already granted consent to use your likeness as a part of your union's collective bargaining agreement. By agreeing to perform you have agreed to the use of your likeness. An important thing to remember is that while, on the Internet, releases tend to be unrestricted and perpetual, in the mainstream that is generally not true. If you have an agent, they will negotiate the terms of a release on your behalf.

Q.		What is a license or usage agreement?
A.		Whenever you model or act, the hope will be that you will be given a copy of your work. Often times you can get one from the magazine you were published in. That is called a "tear." When you appear in a film, you can eventually purchase a copy of the DVD when it is in stores. The question is what happens when a photographer or director gives you prints or footage, what rights do you have. In the United States, the creator of a work owns the copyright to it. The creator is generally the photographer or the director, not the model or actor. The owner of the copyright has the authority to decide how others can use his work. When you are given copies of the images you appear in, it is important for you to also get a license which spell out the rights you have to what has been given to you. As an example, can you reproduce those images on your comp card and then distribute them? Could you make copies to autograph and give away at a show? Could you provide copies to your agent to use in their head book or website? A license is the vehicle used to grant you those rights, and without a license, you could be infringing upon the copyright of the creator. For the record, this is true, not just for models and actors, but anyone who receives copyrighted material. As an example, if GM were to hire John Doe to take pictures of the Corvette, despite the fact that they have paid him, they still need to negotiate a license to use the images in their advertising. There mere fact that money has changed hands doesn't mean that GM would own the copyright or have permission for unrestricted use of the images they commissioned. The same is true for a model or actor. If a model hires a photographer to shoot images for her portfolio, he/she is entitled to a license granting her rights to those images. That license could range from a simple promotional license to full unrestricted use. Those are things you have to negotiate when commissioning for images.

Management for the successful model or actor -- (415) 601-5475