Information Regarding Agency Commission Structures for Legacy AFTRA Shows

Dear SAG-AFTRA member:

 SAG-AFTRA has been asked to clarify certain agency commission structures for legacy AFTRA shows currently being produced in the Atlanta market. All franchised agents are required to adhere to the following commission streams pursuant to the legacy AFTRA 12-C Agency Agreement. If the show on which you are working is a L-AFTRA show, take a moment to fully appreciate what is commissionable to your agent—and what is not. Please remember, it is every member’s responsibility to pay their agent commission in a timely manner when it is due.

If the show you are working on is a primetime program on network television (e.g. Resurrection), signed to Exhibit A terms, your commission obligations to your agent on residuals are as follows: 

Contract of Origin	Network Primetime	Non-Network (Syndication) and/or Non-Primetime Free TV	Foreign Free TV	Basic Cable, Pay TV or Home Video	New Media
Exhibit A to the Network Code - Dramatic primetime programs on network TV (e.g. scripted sitcom or drama)	Agent may commission all network primetime reruns if original employment is over scale: Payment is based on actual compensation	Agent may commission 1st and 2nd rerun if original employment is over scale and residuals check is for more than $100: Payment is based on applicable minimum. Commissionable if overscale residual.	Not commissionable if residual is paid at scale.	Not commissionable if residual is paid at scale. Commissionable if overscale residual.	Not commissionable if residual is paid at scale. Commissionable if overscale residual.

Please note: In most cases, receiving scale plus ten in your original session employment does NOT necessarily make your residual above scale—this is usually true in the case of network reruns in the market for which the show was intended. e.g., ABC show, re-running on ABC.  In all other areas, the agent generally has to negotiate above-scale residuals (i.e. above AFTRA minimums for residuals in the market) in order to commission those monies.

 

If the show you are working on is a program made for basic cable (e.g. Necessary Roughness, Drop Dead Diva, etc.), signed to Exhibit A terms, your commission obligations to your agent on residuals are as follows: 

Contract of Origin	Network Primetime	Non-Network (Syndication) and/or Non-Primetime Free TV	Foreign Free TV	Basic Cable, Pay TV or Home Video	New Media
Basic Cable Agreements - Programs made for basic cable	Agent may commission all network reruns if original employment is over scale: Payment is based on actual compensation	Not commissionable if paid at scale. Commissionable if overscale residual	Not commissionable if paid at scale. Commissionable if overscale residual	Not commissionable if paid at scale. Commissionable if overscale residual NY Dramatic Programs exception: Agent may commission 1st and 2nd basic cable rerun if original employment is over scale and residuals check is for more than $100: Payment is based on applicable minimum	Not commissionable at scale. Commissionable if overscale residual

Please note: In most cases, receiving scale plus ten in your original session employment does NOT necessarily make your residual above scale in basic cable—this is usually true if the basic cable show airs on Network television. e.g., Lifetime show, re-running on ABC/NBC/CBS/FOX. In all other areas, the agent generally has to negotiate above-scale residuals (i.e. above AFTRA minimums for residuals in the market) in order to commission those monies.

 

 

SAG-AFTRA appreciates that sometimes the calculation of what is owed to your agent in terms of commissionable residuals for L-AFTRA-covered shows can be confusing. Please do not hesitate to contact the SAG-AFTRA local office at (404) 239-0131, or the National Offices at (in LA) (323) 549-6745 or (in NY) (212) 863-4305, should you require assistance. We are here to help! Thank you.