New Rules: Commercials Auditions!

This past May, SAG-AFTRA members overwhelmingly ratified the 2022 Commercials Contracts. These landmark agreements serve as the first step in a long-term effort by SAG-AFTRA and the Joint Policy Committee LLC to work together to build a commercials contracts landscape that comprehensively meets the needs of performers, advertisers and agencies. One of the key tenets of the agreement concerns new rules and protections for auditions.

SAG-AFTRA President Fran Drescher noted her enthusiasm for the new audition guidelines, saying, “Protecting performers in the audition process has been long overdue. Not only are these new guidelines effective in addressing the technological changes in the industry, but they reflect SAG-AFTRA’s commitment to keeping performers safe from irrational or dangerous demands placed on them, as well as making the audition process as clear and straightforward as possible.”

Many of the key provisions in this groundbreaking agreement can be read about in detail at sagaftra.org/commercials, but for now, let’s dive into one of the most progressive parts of the contract, the new regulations on auditions: live, virtual and self-taped. Approaching auditions can be one of the most bewildering aspects performers face, especially when it comes to self-taping, which saw a huge increase during the COVID-19 lockdown. Many of the safety restrictions put into place during lockdown remain, but others have loosened or changed. That’s why members need updated information to ensure a smooth technical performance. Traditional, in-person auditions are still quite popular, and some producers prefer them.

Increasingly, however, performers are often asked for “virtual auditions,” which might mean auditioning via a live-remote platform such as Zoom or filming a self-taped audition.

For the most part, the rules that apply to in-person auditions and virtual auditions are the same, but what are they, and how do you navigate them, especially self-taping? Read on!

Audition Notices

Audition notices for principal performers must contain any waivers under which the commercial is being produced, whether exclusivity is being held, notice of conflict areas, and if the spot is being produced under the traditional contract or the new structure provisions. Audition notices must also specify if there are occurrences or depictions of a performer engaging in intimate acts, partial nudity (e.g., shirtless, pantless, only wearing a bathing suit or underwear, sheer or transparent clothing) or if there is required nudity. If intimate acts, partial nudity or nudity is required, prior to the first day of shooting, a member of the production must be made available to answer questions about the nature of any intimate acts, partial nudity or nudity required of the performer. If the producer fails to comply with these guidelines, the performer is entitled to refuse to work and to be paid a full day’s pay. Full disclosure keeps performers safe and relations with producers transparent and fair.

Confidentiality

Principal performers are subject to the confidentiality provisions set forth in the employment contract, and performers are bound by such provisions upon receipt of any such material or information in connection with an audition, even if the performer elects not to audition. Also, if a producer wants performers to sign an NDA, the exact language that was negotiated between the union
and the Joint Policy Committee and placed on the back of the employment contract should be used. If language deviates from the contractual language, the producers must submit their NDA to the union for review and approval.

Hair & Wardrobe

No live or virtual audition can require a performer to dye their hair, braid or unbraid their hair, or engage in multiple hair or makeup styling changes for the same audition. Producers also can’t require a principal performer to wear specific wardrobe to the audition or require multiple style changes for the audition. The producer may provide the performer with information regarding the wardrobe that will apply if the performer is employed for the commercial, what the social scale of the role to be cast is or the activity involved, or any other information that might affect the principal performer’s choice of attire for the audition.

No producer may request a performer audition nude, and that includes the use of pasties and genital socks, but they may request partial nudity with advance notice.

Virtual & Self-Tape Auditions

Virtual auditions are becoming more and more popular, and many performers now prefer them. If a producer requires a live-remote audition, they must provide a virtual “waiting room” or other arrangement that allows performers to be notified of delays. Also, just like with in-person auditions, live-remote auditions can trigger overtime and audition payments. When requesting a self-taped audition, producers cannot request that performers travel to different locations as part of the audition, but they can request performers move to different rooms or areas in or outside of a performer’s home. That said, performers are not
required to provide any location other than a well-lit background or create angle changes within a single take, and they are not required to possess or obtain any equipment, including props or paid services to complete their audition. Producers can provide performers with the context and nature of the commercial, however, which might aid the performer in a self-tape.

Stunts

If, during an in-person audition, performers are required to perform a stunt, the producer must ensure that a stunt coordinator is present. During a virtual audition, producers cannot request that a performer engage in a stunt or dangerous activity such as driving, riding a bicycle, skateboarding, roller skating, interacting with fire, balancing on an elevated surface over 18 inches high or using power tools.

That’s a lot of rules, right? Right! So, what can producers request?

Keeping performers safe at all stages of their work process — from auditions to casting to on-camera performance — is the union’s top priority. SAG-AFTRA also wants to keep productive relations with industry employers. So, here are some things producers can request of performers.

Producers can request that a performer mime or replicate any of the stunt activities mentioned above in a safe manner. They can request a performer demonstrate a professional or expert skill for which they are trained, provided the producer is clear they are seeking such a professional or expert. For example, a producer seeking a professional chef may ask for a self-taped audition demonstrating knife skills, and a producer seeking a professional carpenter may ask for a self-taped audition demonstrating the use of power tools. 

Script & Lines

For live-remote auditions, performers must receive a script in a format that can be used with screen-reading software at least 24 hours prior to the audition or at the time of the audition notice, whichever is later.

But, there is no requirement to provide a script in advance of a self-tape or in-person audition. If a performer is required to memorize lines, rather than using cue cards or other prompting devices, they shall be paid a session fee.

These are just some of the major changes approved in the 2022 SAG-AFTRA Commercials Contracts. To find out more guidelines, protections and regulations in the agreement, be sure to read the full contract at sagaftra.org/commercials.

This item originally featured in the SAG-AFTRA magazine summer 2022 issue.