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Mini Law Lesson:Do You Have to Worry About SAG When Making aVideo for YouTube, Facebook or Vine ?Brian Heidelbergerbheidel...
IMPORTANT DISCLAIMER• I am not your attorney.• This is not legal advice.• But you can still wish me a HappyBirthday!2
What is the SAG CommercialsContract• SAG = Performers union• Contract = Establish levels ofcompensation, benefits, andwork...
It Applies Only to“Commercials”• 3 minutes or less in length, and intended for showingover television or new media.• inclu...
Is a Web Video a “Commercial”• Goes back to definition of “commercial”• “Look and feel” Issue• SAG takes broad interpretat...
It Applies Only to Signatories• If either the advertiser or the agencyproducing the commercial is a signatory.6
If it Does Apply - Hiring• You can hire SAG or Non-SAG Talentas principal performers• But if you hire Non-SAG you will bes...
If it Does Apply - Payment• All principal performers must receive unionminimum wages Session Usage Pension and Health• ...
If it Does Apply – Music• Must separately negotiate compensationwith identifiable singers in music used incommercials that...
If it Does Apply - Penalties• Disputes Generally May be submitted to Union Standing Committee Failing resolution, all di...
If it Doesn’t Apply• You can pay whatever you want fortalent Even $1• But SAG talent can’t work for you11
More Mini Law Lessons?Youtube.com/AdAgeorYoutube.com/BrianHeidelberger12
Follow Me on Twitter@briheidelberger13
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Basics of Screen Actors Guild Commercials Contract and How it Applies to New Media Commercials

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Basics of Screen Actors Guild Commercials Contract and How it Applies to New Media Commercials

  1. 1. Mini Law Lesson:Do You Have to Worry About SAG When Making aVideo for YouTube, Facebook or Vine ?Brian Heidelbergerbheidelb@winston.comInfo @ www.winston.com/bheidelberger
  2. 2. IMPORTANT DISCLAIMER• I am not your attorney.• This is not legal advice.• But you can still wish me a HappyBirthday!2
  3. 3. What is the SAG CommercialsContract• SAG = Performers union• Contract = Establish levels ofcompensation, benefits, andworking conditions for itsperformers; collect compensation3
  4. 4. It Applies Only to“Commercials”• 3 minutes or less in length, and intended for showingover television or new media.• include any narration, dialogue, songs, jingles or othermatter which depict or mention the advertisersname, product or service.• include program openings and closings which mentionthe advertisers name product or services.• over 3 minutes in length shall be subject to separatenegotiations.• short advertising messages intended for Internetwhich would be treated as commercials if on TV.4
  5. 5. Is a Web Video a “Commercial”• Goes back to definition of “commercial”• “Look and feel” Issue• SAG takes broad interpretation• Just Because they think it is, doesn’tmean it is5
  6. 6. It Applies Only to Signatories• If either the advertiser or the agencyproducing the commercial is a signatory.6
  7. 7. If it Does Apply - Hiring• You can hire SAG or Non-SAG Talentas principal performers• But if you hire Non-SAG you will besubjec to a fine (under $1,000)7
  8. 8. If it Does Apply - Payment• All principal performers must receive unionminimum wages Session Usage Pension and Health• Where a performer cannot accept payment,application must be made to the union ofwavier to payment to union charity fund.8
  9. 9. If it Does Apply – Music• Must separately negotiate compensationwith identifiable singers in music used incommercials that was originallyrecorded under an AFTRA contract andthen used in a commercial Even if you have a music license; and Compensation negotiated cannot be lessthan scale.9
  10. 10. If it Does Apply - Penalties• Disputes Generally May be submitted to Union Standing Committee Failing resolution, all disputes must be settled viaarbitration• Monetary Employment of non-union performer in“commercial” Interest and Late Fees P&H (Welfare)10
  11. 11. If it Doesn’t Apply• You can pay whatever you want fortalent Even $1• But SAG talent can’t work for you11
  12. 12. More Mini Law Lessons?Youtube.com/AdAgeorYoutube.com/BrianHeidelberger12
  13. 13. Follow Me on Twitter@briheidelberger13

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