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How is foreign use paid on a Spanish language commercial?

For use in South America and/or Central America and/or Mexico, 4 session fees are due. For use in the Caribbean, 3 session fees are due. If the producer elects to exhibit the commercial in any country in South America, Central America and/or Mexico IN ADDITION TO any country in the Caribbean, a total of 4 session fees are due. For use in countries outside of those listed, the residual payments would be the same as an English language commercial (UK: 3 session fees; Europe: 2 session fees; Japan: 1 session fee; Asian-Pacific countries: 2 session fee; and anywhere else: 1 session fee).

How are performers paid when the producer makes a Spanish language commercial from an English language commercial?

If the commercial is filmed twice, performers receive two separate session fees and the commercials are considered separate spots for residual purposes. If the commercial is only filmed once and then the voice-over changes, the on-camera performers receive one session fee and one set of residuals.

How is overtime paid on a commercial?

After 8 hours of work, the 9th and 10th hours are paid at time-and-one-half and all hours after that are paid at double time in hourly units. All hours worked on Saturdays, Sundays or holidays are paid at double time. All overtime for an extra performer is based on the maximum pay the extra performer is receiving on that particular day, i.e., additional compensation for wet, snow, smoke or dust work is added to the daily rate and overtime is based on that new rate.

Is there a section on the employment contract to indicate working in smoke?

Yes.  The employment contract contains a check-off box indicating work in smoke.  Additionally, the producer must provide each performer with a Material Specification Data Sheet (MSDS) no later than the first day of employment when work in smoke is required.  An extra performer is entitled to additional compensation in the amount of $50.24 per day for work in smoke, wet, snow or dust (or any combination of these conditions).

How does a background performer qualify for an upgrade to principal performer?

There are several ways to qualify for an upgrade to principal performer. Here are the most common:

 

1. A performer is directed to speak a line (other than omnies); or

2. A performer is performing an identifiable stunt; or

3. A performer is in the (1) foreground, (2) identifiable, and (3) demonstrating or illustrating a product or service or illustrating or reacting to the on/off camera narration or commercial message.  The performer must meet all 3 criteria simultaneously to qualify for a principal upgrade.

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