Signing a contract can be annoying and intimidating for any actor without union, legal or agent/manager representation. If the contract determines the use of the play and the producers accidentally violate that clause, an actor has the right to sue for damages. This must be written word for word in the treaty and it should be addressed in advance by the actor, otherwise it might be unnecessary. For example, if a Spec Commercial (which is considered an industrial enterprise) is suddenly broadcast throughout the country, the actor should be entitled to a royalty paid when it starts issuing. To the extent that the contract is a buy-out in which the actor is paid and redeemed once (i.e. « one and finished »), producers have the right to use this recording for any use in the future. Q5: What can a non-union actor do if he finds that his project is being used for a different purpose than the contract allows? With the rapid growth of new technologies such as Netflix, social media and iPad, this is more common today than in the past. Manufacturers want the right to play parts on all the latest media and devices. An actor can negotiate limits for the media on which the play will shoot and seek additional compensation for future media. In commercial contracts, it is common practice that you cannot work for a competitor`s product because it is considered a conflict of interest. In order to blunt its effect, I recommend introducing a temporal or geographical limitation to these clauses, so that a non-union actor is not permanently prevented from acting in the advertising of a competitor. Take, for example, a hypo in which Coors and Budweiser are involved.
If you are doing a local sales coors, I advise you to insert a clause stating that you only work in a rival budweiser advertisement in the same area where your spot is in progress and during the period during which the spot is in progress. This does not mean that it will be easy or that they will not be pushed back. But who said negotiation was a contactless sport? Q6: Are there affordable opportunities for players to obtain informed legal advice on contracts? For now, most fixed-term contracts are in favour of the producer. However, there are certain things you need to be careful about: 1) Any provision or clause as broad as a provision that allows the work to be used permanently for any purpose should be limited, especially when it comes to pornography or another sensitive area that an actor does not wish to re-emerge later in his or her career.