Contract Q&A: Upgrades

What is generally required to be upgraded on a theatrical film or dramatic television program?

There are two ways to obtain an upgrade: (1) Being directed to speak and (2) being directed to perform stunt work. You must be given specific, individual direction to speak a specific line by the director or an AD and the dialogue must be recorded. If you are directed to perform a stunt, you are entitled to an upgrade. A performer can be directed to be involved in something hazardous that does not constitute stunt work and will not necessitate an upgrade.

What if I am asked to speak in unison with other performers or while other performers are speaking?

A background actor can be directed to speak at the same time as other performers or in unison with other performers. An upgrade is not required for these types of performances. Examples are the buzz of conversations you hear in a scene set in a restaurant, members of the press corps shouting out questions, or a group reciting the Pledge of Allegiance. Not every direction to a background actor to speak or sing necessitates an upgrade under the terms of the contracts.

What if I volunteer a line which ends up being recorded?

A background actor must be directed to speak in order to be entitled to a possible upgrade. A background actor should not speak on camera unless directed to speak by the director or an AD. A volunteered line will not qualify you for an upgrade even if it is recorded and is heard in the production as exhibited.

If I believe I have met the criteria for an upgrade and I am not offered a contract, what should I do?

Submit a claim to the union immediately as listed below. There is a strict 90-day time limit to file the claim, so it is imperative that you contact the union as soon as possible.

How do I file a claim for an upgrade on a theatrical film or dramatic television program?

Use this link to access the applicable Claim Inquiry Form for theatrical films and dramatic television programs.

Please submit your claim and documentation to Business Representative Doriza “Dori” Rivera by email at doriza.rivera@sagaftra.org. Please confirm that Dori has received the claim inquiry form. Dori can also be reached at (305) 663-7081. Keep in mind that there is a strict 90-day time limit to file a theatrical or television upgrade claim, so it is imperative that you notify the union as soon as possible.

Should I wait to file a claim until the film or television production is released?

No! Do not listen to anyone who advises you to wait until the film is released, as you will miss the 90-day deadline to file the claim. Submit the claim immediately after the date the possible upgrade occurred.

How am I paid if I am upgraded on a theatrical film or dramatic television program?

You will be due the difference between the amount paid for your work as a background actor and the minimum day performer rate applicable to the production on which you worked. If your performance remains in the production as exhibited, you will be entitled to future residuals and possibly screen credit.

What is generally required to be upgraded on a commercial?

An on-set upgrade is required if a performer is directed to speak individual dialogue which is recorded or if the performer is required to perform a stunt. Most upgrades on commercials, however, are the result of performances where no dialogue or stunt action is involved. These upgrades cannot be determined until the commercial is edited and ready for exhibition. In order to be upgraded based on a silent performance, an extra performer must (1) be identifiable, (2) appear in the foreground of the commercial, and (3) demonstrate or illustrate the product or service or react to the on- or off-camera message. The performer must meet all three criteria to be eligible for an upgrade. For example, an extra performer who is identifiable but does not meet the other criteria will not be eligible for an upgrade.

How do I file a claim for an upgrade on a commercial?

Use this link to access the Claim Inquiry Form for commercials.

Please submit your claim and documentation to Business Representative Jessica Vazquez by email at jessica.vazquez@sagaftra.org. Please confirm that Jessica has received the claim inquiry form. Jessica can also be reached at (305) 663-7083. Keep in mind that there is a limit to file the commercials upgrade claim, so it is imperative that you contact the union as soon as possible.

How am I paid if I am upgraded on a commercial?

You will be due the difference between the base session fee you received for your work as an extra performer and the minimum applicable principal performer rate. When the commercial in which you were upgraded is exhibited, you will receive holding and reuse fees.

What if I have additional questions?

For questions relating to theatrical and television production, contact Dori Rivera at (305) 663-7081 or by email at doriza.rivera@sagaftra.org. For questions relating to commercial production, contact Jessica Vazquez at (305) 663-7083 or by email at jessica.vazquez@sagaftra.org.

Provided by Leslie Krensky, South Region Director, Contracts and Operations

This item was originally featured in the spring 2015 newsletter.