Commercials

If you see your commercial airing but are not receiving use fees, you should file a claim with the Union. When you do so, it is helpful to provide as much information as possible, including the date of the sighting, the program, the channel, and the time. If you see your commercial on the Internet, take a “screen shot” of it as proof.

In the event of untimely payment, late payment damages are due as follows: $3.85 per business day up to 25 days or a maximum of $96.30. Additional damages become due in the event that a claim is filed and full payment is not made within a specified time. When a payment is not made on time, generally late payment damages are not included in the check unless a claim has been filed by the union. If your payment is made late and late payment damages have not been included in the check, please contact the Union to file a claim.

Downgrade.  A principal performer is entitled to residuals and may not be downgraded as long as his/her face appears in the commercial.  If his/her face does not appear but his/her performance otherwise remains, the performer must be notified of a downgrade and paid a downgrade fee. A downgrade fee is not less than a session fee. Thereafter, the performer will not receive residual payments.

Under certain circumstances, the beginning and/or ending of a commercial made for a particular advertiser may be changed without creating an additional commercial for residual purposes. The Contract provisions governing this area are complicated and we suggest that you contact your local SAG-AFTRA office for assistance.

Yes, members may not work in a PSA unless the company is signatory to the Commercials Contract.  If the union has approved the commercial as a PSA, the session fee and Pension & Health contributions must be paid.  However, residuals are waived for a one-year period as long as the performer agrees to such terms. Use for each additional one-year period requires the written consent of both the performers and the union. For these extensions, the performer may (but is not required to) waive additional payment.

Yes, an additional 50% of session is paid to any performer asked to provide translation services.

Yes. Please check with the Union to ensure the company is signed to the Infomercial Agreement before working in the production.

No, the minimum session fees and all working conditions for Spanish language commercials are exactly the same as English language commercials. All provisions of the contract apply. In addition, if the producer wishes to also hold the Spanish language performer exclusive to the advertised product in the English language market, an additional 50% of session and use is paid to the performer.

For Class A or program use residuals, Spanish language performers receive a per-cycle payment rather than a “pay-per-play” structure. The major Spanish language networks are either paid as program use or Wild Spot, depending on the media buy. For Wild Spot residuals, the television markets are weighted differently than in the English language market to account for the cities with large Hispanic populations. For example, Miami has a unit weight of 4 for the English market and a unit weight of 17 for the Spanish market.

No, for Spanish language commercials exhibited on the Internet and New Media, the residual payments are identical to English language commercials (see above).