Notice Regarding Audition Pay Requirements in the Codified Basic Agreement

It has come to the attention of SAG-AFTRA that there is a lack of clarity regarding the requirement of payment for auditions where the performer is not subsequently offered employment on the picture.  

The confusion stems, in part, from the fact that the audition provisions of the Codified Basic Agreement, which apply to the casting of film and dramatic television programs, date back to 1937 and employ vocabulary that no longer tracks common usage in the entertainment industry. In addition, the way that roles are cast in the entertainment industry has changed radically since that language was last negotiated, thereby creating genuine ambiguities in how the audition pay language should be applied today.  

The current Codified Basic Agreement expires on June 30, 2023 and feedback from members has made it abundantly clear that changes in how roles are cast have created a number of issues that require resolution at the bargaining table.  In the interim, SAG-AFTRA will pursue audition pay claims in the below-listed circumstances. To be clear, SAG-AFTRA believes that the audition pay language can be read to require payment in circumstances beyond those identified below and SAG-AFTRA specifically reserves the right to pursue those interpretations in the future. There is the potential, however, for such broader interpretations to have negative consequences, including a reduction of access to casting opportunities that will impact some member groups more acutely than others.  

Accordingly, until further notice, members should expect the union to pursue audition pay claims in the following circumstances, provided that the performer is not offered employment in the picture and that the requirements of the audition pay language within the schedule applicable to the role being cast are otherwise met:

1. When the producer or casting director expressly require the performer to memorize their lines in advance. 
2. When the performer participates in a network or studio “test” as that term is commonly understood in the entertainment industry.  (For context, “tests” are typically used to cast series regular or feature lead roles, typically involve multiple performers who are expected to be “off book,” may involve make-up, hairdress and wardrobe, and will have network or studio executives in attendance.)
3. When a performer is owed pay for waiting time in excess of one hour as provided in the applicable schedule. 

SAG-AFTRA will consider any unique or compelling circumstances in determining whether to file a claim, including claims that do not meet the foregoing criteria, so members who strongly believe that they are contractually owed audition pay should call their local office to review the circumstances of their audition or interview.  Active claims previously filed with SAG-AFTRA will be reviewed and processed in line with the above criteria and guidance.  Members who are interested in how the Codified Basic Agreement regulates the casting process are strongly encouraged to participate in the TV/Theatrical Wages and Working Conditions process that will commence in the coming months.