Royalty payments to actors for a TV series

[xhridhar]

Hello,

We are about to make a non-commissioned TV series now and I was wondering about how the actors get paid their royalties for reruns? Target region is predominantly EU but as the series might get sold for the American + global market, how does it all work?

I assume that in U.S, the SAG Astra guild deals with all collection and distribution but as in EU we do not have such an entity, what is the collection and distribution process? We are not a signatory to Equity or any unions.

Do we as a production company sign contracts with the TV networks and then they pay us whenever they do a rerun and we distribute to the actors or do the TV networks pay the actors directly?

Has anyone here come across this situation and how did you deal with it? Did you get the actors to sign buyout deals and you signed a similar buyout with the networks?

I searched quite a bit in the net and didn't get any clear answers to this. Can someone help?

cheers

 

[paulears]

Repeat fees, which is what you're talking about are rarely part of the deal, unless it's a deal buster and the actor is of sufficient status to demand them. It's been this way for a while - with plenty of names seeing themselves on satellite/freeview high number channels very often, and getting nothing apart from exposure. The chances of selling programmes cheaply enough for the small broadcasters to take up wouldn't work so well if repeat fees were part of the deal.

Personally, I'd make sure you get the contracts drawn up that enable you to exploit the work in any territory, in perpetuity - which are the common critical words in the contract.

Not sure it helps, but here's the release component from a UK TV company - used for actors who take part as one-offs in broadcast TV. You can see how they handle it.

We write to confirm our agreement with you whereby, in consideration of us paying to you the Fee (the receipt of which is hereby acknowledged), you agree to the following:

1. You consent to the filming and recording of you on the Filming Date(s), during and in connection with your appearance (including any performance of any musical compositions) for the Programme (which we intend, but do not undertake to produce) (the “Contribution”) and the use of your Contribution in the Programme in whole or in part or not at all. You irrevocably grant and assign to us all copyright and other rights in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media whether now known or hereafter developed in perpetuity in connection with the Programme or otherwise. For purposes of clarity, you accept that we have the right to edit, copy or translate the Contribution as we see fit and you irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction.

2. You warrant that:
(i) you are fully entitled to grant all rights and consents herein;
(ii) you are aged at least 18 (eighteen) years old;
(iii) you are aware of the nature, purpose and subject matter of the Programme which you acknowledge has been fully explained to you;
(iv) the content of your Contribution shall be true in all respects to the best of your knowledge and belief;
(v) nothing in your Contribution will infringe the copyright or any other right of any third party or breach any contract or duty of confidence, constitute a contempt of court or expose us to any civil or criminal proceedings or be defamatory and/or otherwise bring us or any other party into disrepute;
(vi) you shall not apply for any injunctive relief which could affect or restrain the exploitation of the Programme; and
(vii) you will advise us of any information which might compromise or call into question the integrity of the Programme (for example factual errors).

3. You hereby grant us the right to use your name, voice, likeness, photographs and any biographical material concerning you in connection with the promotion and exploitation of the Programme and/or ancillary products/services derived thereof and/or in connection with us and/or the broadcaster of the Programme throughout the world by all means and in all media whether now known or hereafter developed in perpetuity.

4. You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us or the Programme or anyone taking part in it which comes to your knowledge as result of your participation in the Programme.

5. You consent to the holding and processing of personal data for the purposes of our production and exploitation of the Programme.

6. You agree that we may freely assign or licence this agreement and this agreement shall be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.

7. VALUE ADDED TAX SELF BILLING AGREEMENT: If you are VAT registered, we will issue a tax invoice on your behalf. You undertake that you will: (i) not issue any tax invoice in connection with this agreement and (ii) immediately notify us of any change in your VAT status or VAT registered details. Your VAT Registration No is __________________________________________

[TABLE="width: 441"]
[TR]
[TD]Yours faithfully

……………………………………………………………………………..
for and on behalf of
XXXXXXX LIMITED


DATE:…………………………………………………………………….
[/TD]
[TD]Agreed and accepted


SIGN: …………………………………………………………………………

[/TD]
[/TR]
[/TABLE]

 

[xhridhar]

That helps a lot. Thanks. One of the unknown actors agent was trying to pull a fast one on me claiming that these sort of agreements are unheard of.