When I read the sketchy highlights of the SAG-AFTRA tentative Video contract with the producers, several things jumped out at me. I have highlighted them below.
A statement issued by the union said that highlights of the contract include:
• Minimum daily rate for dancers*
• Contract covers all videos produced by any production company producing music videos on behalf of the labels
• A 12.5-percent contribution to AFTRA H&R for all covered performers*
• Guaranteed production conditions, including water, toilets, chairs and shelters
• A binding grievance and arbitration process
• Union access to auditions, rehearsals and productions
• Improved audition conditions, including notification to performers (or their representatives) of start times; individual audition times no longer than four hours; suitable shelter provided during auditions; scale paid if audition footage is used in a music video and re-use of audition footage is paid pursuant to a re-use agreement
• 12-hour rest periods between call times, including rehearsals, makeup and wardrobe
• Safety protections and additional compensation for hazardous performances
• Wardrobe allowance
• Agreement to form a joint labor-management committee to work together to resolve issues as they arise and to assess employment patterns and other matters over the term of the contract.
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So, it was a SAG-AFTRA contract. But, but, but there is NO mention of SAG in it. What about SAG’s P&H in there? Oh, well, I figured this was negotiated on behalf of AFTRA, surely there must be a separate SAG contract or SAG members would be screwed, and we know the current AFTRA-sag administration wouldn’t do that, right?
So, having nothin’ else to do I searched the SAG website and guess what the Ol’ Dog found? Ahhhh, this! (This is a transcript)
LETTER OF AGREEMENT FOR THE PRODUCTION OF
MUSIC VIDEOS
The Producer acknowledges receipt of the 2011 Agreement for the Producers – Screen Actors Guild Codified Basic Agreement (Television/Theatrical Contract) and is familiar with its terms. It is agreed that this letter is part of the Television/Theatrical Contract and, by executing this letter, the Producer and Screen Actors Guild (Guild) shall be deemed to have executed and be bound to the Television/Theatrical Contract. All provisions of the Television/Theatrical Contract apply for the music video entitled, “___________________________________________.”
As you know, Guild members may only accept employment for production companies which are signatory to the appropriate collective bargaining agreement. To become signatory, please complete and return all of the signatory documents prior to the commencement of photography on this project.
The minimum compensation for various categories of employment is as follows:
*Category Minimum High Budget Low Budget
*Day Performer Daily Wage $200,000 $200,000
*Day of Taping/Filming (10-Hour Day) or more or less
*Performer $ 655.00 $ 800.00 $ 600.00
*Stunt Performer $ 655.00 $ 800.00 $ 600.00
Stunt Coordinator $2,500.00 N/A N/A
*Dancers
*Solo/Duo $ 475.00 $ 800.00 $ 600.00
*Group (3 +) $ 475.00 $ 800.00 $ 600.00
*Singers (On Camera)
*Solo/Duo $ 655.00 $ 800.00 $ 600.00
*Group (3 +) $ 621.00 $ 800.00 $ 600.00
*Mouthing $ 405.00 N/A N/A
*Singers (Original Track)
*Solo/Duo $ 475.00 $ 800.00 $ 600.00
Covers 2 sides
*Group (3 +) $ 375.00 $ 800.00 $ 600.00
*Covers 2 sides
*Overdubbing & Sweetening
When a Singer re-records over the Singer’s original track containing the same material as recorded on the original track, the rate for overdubbing alone will be 33 1/3% of the applicable rate. When a Singer makes a new track containing new or variant material, and records such track over the Singer’s original track, the rate, with or without over dubbing will be 100% of the applicable rate, without limitation as to the number of tracks.
Music_Video_Independent_Agreement_1_25 1 of 3
SAMPLE
Contractors
Where a Singer is required to perform services as a Contractor, he or she will be entitled to receive an additional:
Category Minimum High Budget Low Budget
Day Performer Daily Wage $200,000 $200,000
Day of Taping/Filming (10-Hour Day) or more or less
For Group (3 -8) + 50% N/A N/A
For Group (9+) +100% N/A N/A
Background Performers
General Background $ 134.00 N/A N/A
Special Ability $ 144.00 N/A N/A
(Special Ability Includes Stand-ins and Photo Doubles)
Minimum Compensation for Rehearsal Days: The minimum daily compensation for rehearsal and taping/filming days is the same, except that Dancers daily minimum compensation in rehearsal shall be as follows:
Category Minimum
Day Performer Daily Wage
Day of Rehearsal (8-Hour Day)
Dancers
Solo/Duo $ 280.00
Group (3 +) $ 280.00
When employed for one day only, the minimum additional due for Hazardous Work is $179.50; when employed for and performing Hazardous Work for more than 1 day, the minimum addition due is $116.65.
For payments of requisite budget amount plus scale pay, the producer may acquire the rights in perpetuity for unlimited airing of the video on BASIC CABLE TELEVISION (for example MTV, BET, and VH-1 excluding commercials) and unlimited broadcast on
NON-NETWORK TELEVISION, FOREIGN TELEVISION as well as the right to release the video to THEATRES. Also included in this payment are the rights for retail sale of CASSETTES and DVD’s.
The Producer may acquire the rights for release of the video on PAY CABLE TV (for example, HBO or Showtime) by payment of 20% of “total actual salary” (as defined in the Industrial Contract) for each year of use on pay cable systems.
The producer may only obtain the rights to broadcast the program on NETWORK TELEVISION or THE INTERNET by negotiation with the Screen Actors Guild prior to any such use.
Please note that all rehearsal rates listed above are for eight-hour days. Time worked beyond eight hours is paid at time-and-one-half for the ninth and tenth hours and double-time thereafter.
For the day performer category requiring a 10-hour day, the 11th and 12th is paid at time-and-one-half, and time beyond the 12th hour is paid at double time.
Work on Sunday and Studio Saturdays requires payment of double the daily rate. Night work is defined as work between 8:00 p.m. and 6:00 a.m., (except that a first call for the day at 5:00 a.m. or thereafter will not constitute night work). There is no premium payable for night work, except that performers (including
Music_Video_Independent_Agreement_1_25 2 of 3 singers) who are called solely for the purpose of looping, singing, or automatic dialogue replacement (ADR) work during post production will receive premium pay for each straight time hour of night work equal to 10% of their hourly rate for such hours. This premium pay will not be payable to a performer if the looping, singing, or ADR work are scheduled at night to accommodate the performer’s schedule. The “total applicable salary” payable for the extended use of the program is calculated from the negotiated base rate and is not affected by overtime, premium pay, or Pension and Health contributions. A Pension and Health Plan contribution in an amount equal to 16.8% of gross salary, overtime, premium pay and payment for extended use is due the Pension and Health Plan for all covered employees.
The performers covered under the term of this agreement are employees, and the Producer will make all social security, withholding tax, unemployment insurance and disability insurance payment required by law, and will make all appropriate payroll deductions.
It is expressly understood and agreed that the right to use such promotional music videos shall be subject to and condition upon prompt payment of all amounts due and the Guild shall be entitled to injunctive relief in the event such payments are not made.
Please sign below indicating your acceptance of these terms along with the other signatory documents.
Accepted and Agreed By:
PRODUCTION COMPANY
(Company)
SCREEN ACTORS GUILD
By:
By:
(Signature)
Glenn Hiraoka
National Director of Stunt, Singers, Dancers & Safety
(Date)
(Date)
Print Name and Title
(Business Address/Telephone Number)
(Residence Address/Telephone Number)
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Yikes!!!! Yes! Yes! Yes! SAG has a contract of its own….and it ain’t bad.
Buutttt, just to be on the safe side, I decided to call SAG and double check. So, I called “contracts.” Well the lady I talked too couldn’t answer my question but she said that Glenn Hiroaka would call me back.
And, he did the next day. When I asked him about the SAG Video contract, he started to tell me that SAG didn’t have Music Video contract, I informed him there was one up on the SAG website. Ah….he’d get back to me.
Ahhhh, after giving him a week, gosh, I’m beginning to think he ain’t gonna get back to me. Well, that’s showbiz and the norm these AFTRA-sag days of “pay your dues and shut the “F–k Up.”
Ahhhh, again, remember the Good Ol’ Days when the union belonged to the members. Yep, I remember back when they actually told the members what salary “they” were paying THEIR NED?
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Just one comparison well give you an idea of what’s in store for SAG members,
This from the AFTRA/sag contract: from the SAG Contract.
• A 12.5-percent contribution to AFTRA H&R for all covered performers*
This from the SAG contract:
*SAG A Pension and Health Plan contribution in an amount equal to 16.8% of gross salary, overtime, premium pay and payment for extended use is due the Pension and Health Plan for all covered employees.
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Oh, by the way two days ago, while I was patiently waiting for Glenn Hiraoka to call me back, they took down the above contract from the SAG website. Check it out
http://www.sag.org/files/sag/Music_Vide%20…%20t_1_25.pdf
Hell, it’s worse than the headline! We’re the Screwed Actors Guild!!!!!!
Arl
The Ol’ SAG Watchdog
Here’s the contract in html
SAG Music Video Independent Agreement