You’ve joined SAG-AFTRA, now what? The representation you select may be one of the most important factors in determining your success in the industry. Effective, experienced and professional representatives will ensure you’re fairly compensated for your work. They’ll also help you make wise career choices that will put you on the path to having a long and prosperous career.
How does representation work?
Three groups of industry professionals primarily represent talent in the entertainment and media spheres. These professionals are: talent agents, managers and attorneys.
SAG-AFTRA-franchised talent agents are regulated by the union through its franchise agreements. In some states, there is no legislation regulating talent agents, so, for many performers, SAG-AFTRA’s franchise agreements are the only regulations protecting performers from unfair or oppressive practices.
In California, New York, Florida, Illinois, Kansas, Massachusetts and New Jersey, agents must be licensed. SAG-AFTRA does its own rigorous background checking in addition to state requirements to make sure performers are working with qualified and approved agents. State surety bond requirements are also in place, and SAG-AFTRA requires these bonds from agents in states that don’t have surety bond requirements. States also have to approve a talent agent’s contract before it can be used in the marketplace to ensure the contracts aren’t unjust, unfair or oppressive. Talent agents are subjected to a number of other requirements, including the obligation to have a fee schedule and trust account for dispersing compensation, restriction from collecting direct/indirect fees, and regulations around dispute resolution, among others.
Licensed talent agents are permitted to initiate conversations that could lead to employment. These conversations can include setting up meetings, auditions, appearances, accepting inquiries about endorsements and other incidental opportunities.
Managers, on the other hand, can counsel and advise in areas that are both business and personal, but they generally cannot act as agents would, especially in markets where talent agency legislation exists. They coordinate and develop an artist’s career, they generally nourish an artist’s expression of their talent, and they organize various elements of an artist’s life. In recent years, SAG-AFTRA has created a manager affiliation program.
Those managers who are SAG-AFTRA affiliated have had their contracts vetted by the union.
Attorneys may be subject to the same standards as managers in some states.
In California, for example, they may not negotiate wages and working conditions without running afoul of applicable talent agency legislation. Violation could lead to disgorgement of profits. SAG-AFTRA’s agency franchise agreements build on state laws to protect current and future members in a number of ways: by keeping commissions limited,ensuring timely payment, limiting the length of agency contracts, maintaining reasonable termination rights, and offering inexpensive dispute resolution services.
How can you find qualified representation that you can trust?
A good place to start is to visit the franchised agent list on the SAG-AFTRA website. There, you’ll find more than 500 agencies that are regulated by SAG-AFTRA’s franchise agreements. The best way to connect with an agent is through referral from another industry professional such as a casting director who has previously worked with that agent or a member who is already represented by that agent. That way, you can initiate the conversation through a professional network connection.
The SAG-AFTRA website also indicates the areas in which an agent specializes. If that specialization applies to you, research the agent and find out their submission policies.
Don’t be quick to sign with the first person who offers. Do your homework first! Ask a lot of questions and make sure this is someone you can see yourself working with long-term. It can feel frustrating when you’re early in your career and you don’t have as much leverage as, say, a series regular, but remember, your representation works for you. You are hiring them. In the same way that you would be mindful about hiring someone to work for your business, you want to do your due diligence before accepting any agent’s offer of representation.
Listen to your intuition; if you’re feeling any hesitation or are concerned about what the agent is saying to you, call the union. SAG-AFTRA can answer your questions on what is industry standard and appropriate in these relationships. It’s important to have a thorough conversation with the representative before you sign with them. Discuss your career goals and what that agent’s vision is for your career. If your objectives don’t align, it could lead to disappointment.
An agent may be great and come highly recommended, but they may not be the best agent for you.
“This is your career, and you don’t want to be stuck in a contract with an entity that won’t place your needs first,” said SAG-AFTRA National Director and Senior Counsel of Professional Representatives Zino Testa-Macaluso during SAG-AFTRA’s livestream on finding representation. The full video of this conversation with then-Executive Vice President Ben Whitehair can be found on SAG-AFTRA’s YouTube channel and at sagaftra.org/videos.
It’s better to have no representation than bad representation. To contact the Professional Representatives Department in Los Angeles, call (323) 549-6745 or email agency@sagaftra.org. For the department in SAG-AFTRA’s New York office, email agencyny@sagaftra.org or call (212) 863-4230. Inquiries for personal managers can be sent to personalmanager@sagaftra.org.
This item was originally featured in the SAG-AFTRA fall/winter 2023 magazine issue.