Breaking It Down: The SAG-AFTRA Influencer Agreement

The Commercials Contracts Department has received a lot of questions about the SAG-AFTRA Influencer Agreement since its launch at the beginning of 2021. Let’s take a moment to break it down.

Origin Story

SAG-AFTRA’s Commercials Contracts generate almost a billion dollars of earnings a year for performers. While there is clearly still a lot of traditional commercial work, in recent years, many brands have also expanded their advertising plans to include influencer marketing, partnering with folks who have a substantial social media presence in order to promote their brand, product and/or service to very specific audiences. This area of advertising has grown so rapidly that, according to Influencer Marketing Hub, influencer marketing is projected to be a $13.8 billion  dollar industry this year. The Influencer Agreement was designed to ensure that SAG-AFTRA members would be able to work in this space and access new opportunities to increase earnings and qualify for benefits.  

While #sponsored posts on TikTok and Instagram are unequivocally commercial in nature, they are also unique in many ways. Though numerous influencer brand deals have been covered under the traditional SAG-AFTRA Commercials Contract, not every deal is the right fit for that contract, and a new coverage option was needed that better reflected the way this work is contracted and executed. Advertisers often partner directly with influencers, who are responsible not just for the performance of the ad, but also for the writing (or improvisation), production (editing, lighting, wardrobe, directing) and distribution of the ad through their own social media feeds. These individual influencers essentially serve as both the talent and the ad agency, executing all of the attendant roles and responsibilities for one single payment from the brand. 

Prior to the Influencer Agreement, SAG-AFTRA members who were working or wanted to work  in the influencer space creating video and/or voiceover content, sometimes struggled to cover their brand deal when it was with an advertiser who was not signatory to the Commercials Contract and was not willing to become a signatory. There were many cases in which SAG-AFTRA member-influencers lost out on brand deals because there wasn’t an easy way to solve this problem. 

The new SAG-AFTRA Influencer Agreement seeks to relieve this tension by providing an easy path to union coverage that members can take, even when their employer is not a SAG-AFTRA signatory.

How it Works

When a performer or content creator is hired by a non-signatory advertiser to create, perform in, produce and edit sponsored content for distribution on their own social media feeds (TikTok, Instagram, YouTube, etc.) they can now sign their business entity (i.e., an LLC or corporation) as the SAG-AFTRA signatory for the project. This will allow their business entity to make contributions to Pension & Health directly, and their earnings to count toward qualification for benefits. 

Is this a difficult process? Absolutely not. Here’s an easy three-step guide on how to work under the Influencer Agreement:

Step 1: Negotiate the deal. Make sure to first check out all of the requirements for coverage here. 
Step 2: Submit your application for coverage. Go to the Influencer Resource page at sagaftra.org/influencer, where you’ll be asked to fill out your basic information and upload a copy of your employment contract with the brand (for vetting purposes). 
Step 3: Remit Pension & Health contribution. Once you’re approved, you’ll be emailed by a SAG-AFTRA rep with next steps. Don’t worry, they’ll walk you through the process! You’ll be asked to fill out a Pension & Health form (with SAG-AFTRA’s help) which you’ll mail along with a copy of your contract and the P&H contribution (there’s a calculator feature on our website to help you determine what is owed to the Plans). 

That’s it!

If you’ve got questions or need guidance or support, reach out to influencer@sagaftra.org!