Any advice on paying commission for work found yourself?

Give advice, ask questions and find out information about Agencies.

Moderator: busybusybusy

Post Reply
Littlemum
GRAMMY Award
Posts: 100
Joined: Sun Sep 02, 2012 10:43 pm

Any advice on paying commission for work found yourself?

Post by Littlemum »

Hello NAPMs
I'm hoping for some of your pearls of wisdom! My DSs have been with an agent for 3 and 2 years respectively - they've had bits of work but the work has mostly come from us finding it ourselves (some has attracted a modest fee, sort of £10 a performance, others free and one opportunity which was paid but obtained prior to representation). I'm happy enough with the agency although I do wonder whether it's worth the fees for photos, admin and spotlight (not the agency's fault I know!) and I think they know my boys and do a good job for them. However I have been asked to sign this year's contract which has a new clause saying that attending any open auditions etc must be approved by them in writing beforehand and if they get any work, then the agent must negotiate and sign paperwork and be entitled to commission in the normal way. My DS was recently re-invited to attend for audition for work obtained before he was represented and will be paid for this work directly as I did not go through the agency for this! Do I bite the bullet and sign the new contract (this is a new clause) or do I act on my instincts and not do so? The last contracts were signed two years ago but there is a 6 month notice period. It's general advice about industry practice I'm after I suppose. I'm perfectly happy about them getting their commission on anything they do in respect of introductions and auditions, but it seems unfair for opportunities they don't have any involvement with? Thanks for your advice in advance.
TalyaB
BAFTA Award
Posts: 997
Joined: Sun Dec 04, 2011 1:22 am

Re: Any advice on paying commission for work found yourself?

Post by TalyaB »

I think it's standard - the one time DS nearly got paid work without the agent's involvement, I told them, and they did say they wouldn't take the payment they were entitled to (which would have been the usual percentage of a very small amount). If you think about it, if your DC are commited to other work, then while they're doing it they're not available for work through the agency. Obviously all of our children may have many times they're not available for all sorts of reasons though, but when it's for paid acting work, I can see the argument for this arrangement.
mich707
GRAMMY Award
Posts: 106
Joined: Fri Sep 10, 2010 10:56 am

Re: Any advice on paying commission for work found yourself?

Post by mich707 »

I agree that it's fairly standard. On the rare occasion my DC has done work direct, i have wanted their agent to deal with it anyway...as they will deal with invoicing, negotiating hotel and travel arrangements etc. Also, your agent is there to act in the best interest of your child...and if you went to them with a job that they deem to be inadequate terms then they will advise you not to do it. Remember some jobs can be damaging to a childs career rather than beneficial!! That's why you have an agent!
Littlemum
GRAMMY Award
Posts: 100
Joined: Sun Sep 02, 2012 10:43 pm

Re: Any advice on paying commission for work found yourself?

Post by Littlemum »

Thanks for your help and advice everyone, as always an invaluable insight into this rather strange world! My doubts were triggered as this was a new clause, but from what you say it's standard practice.
lyndahill
BAFTA Award
Posts: 565
Joined: Thu Apr 05, 2012 4:09 pm

Re: Any advice on paying commission for work found yourself?

Post by lyndahill »

It's not in a contract at my DD's agent. My feeling is that if you have found the job, got your child an audition and they subsequently get the job, you've done the licensing and everything to do with that job, why would you pay somebody money for doing nothing. My DD has got jobs through Kids CCP before and I have told her agent when she is doing them, we haven't been charged anything nor have they mentioned a charge.
Littlemum
GRAMMY Award
Posts: 100
Joined: Sun Sep 02, 2012 10:43 pm

Re: Any advice on paying commission for work found yourself?

Post by Littlemum »

Very interesting stuff. The more I learn the more I know I need to learn! When I've really questioned myself about my disquiet, I think I'm wondering if this agency is a best fit for my two DSs (who are of course different themselves!) and I need to read up more about other agencies and how they all operate. My elder DS is about to turn 16 (although what difference that makes now that school ages have changed, I don't know either!) so I also need to consider what might work well for him as a child / adult actor playing down. Every comment is very helpful to me, so thank you all again.
Irishdancer
OSCAR Award
Posts: 1541
Joined: Tue Nov 13, 2007 5:33 pm

Re: Any advice on paying commission for work found yourself?

Post by Irishdancer »

If you are not happy why not give 6 months notice and if you find another agent then good if not then tell agent that you would like Dc to stay. Only trouble is it's very hard to get a good adult agent my ds has a very good CV lots of TV work regular in a soap for 2 years sent out over 40 letters to good adult agents got seen by 3 rejected by 2 took over a year is now represented by a really good agent. The thing about not having a licence I thought great ds goes for 14-17 is 18 the only trouble is every big job ds goes for they always pick a 24-26 year old to play 14-15 so even though ds has been out of licence for 2 years has had some nice work but is getting fed up with over 20s getting the part when the brief says they don't want to see any one over 18 so don't expect lots of work as at the moment directors seem to pick people 10 years older than the age of the part they are looking for its so annoying. Good luck to your dc hope you sort things out.
pg
OSCAR Award
Posts: 2091
Joined: Wed Mar 07, 2007 12:28 am

Re: Any advice on paying commission for work found yourself?

Post by pg »

I don't know a lot about children's agencies (although I appreciate that they may well do more administrative work than an adult agency) - but I would be concerned about the fees for photos and administration (in a general way).

You should be free to choose your own photographer - an agent might have recommendations of course - but any obligatory link with a particular photographer is a red flag as far as I'm concerned. I would also question "administration fees". I know it's not uncommon for children's agencies to charge them - but adult agencies don't. Not ALL children's agencies have administration fees - and personally I would be looking for an agent who doesn't.

If an agent can make money through photos and administration charges then they have absolutely no need to source work for their clients in order to make a living...

In terms of taking commission on self-sourced work, I tend to agree that the agent is within his/her rights to expect it - or at least to be able to make a claim for it under certain circumstances.

In the past, I have always offered my agent commission on the occasional work that hasn't come via the agent (e.g. when someone I've worked with before has made a direct contact) - she has always said "no, you keep it, but thanks for offering". It's never been very much money to be honest, and it's never been any kind of long engagement. I would, in any case, normally ask any work contacts to go via my agent - even when the first contact has come to me. That's what I pay them for - to negotiate a good deal and look after my interests. It's much easier for an agent to haggle over rates than it is for the actor.
paulears
BAFTA Award
Posts: 796
Joined: Wed Sep 05, 2007 1:01 am

Re: Any advice on paying commission for work found yourself?

Post by paulears »

This is a very standard clause - and the cause of much disgruntlement. One of my panto dancers from last year got her contract independently of her agent, and didn't tell them. When they saw her name on it's behind you, they copied the signed contract to the office, and after the first weeks payslip, she got no more and they went direct to the agent, who took two weeks to pass her pay on, less the commission. To make it worse, they didn't contact her about it, but waited for her to contact them! Not a leg to stand on but she had budgeted for the full amount, and it made a big difference. I did a job recently where two agents took a cut - it's just how it is. You sign, or don't sign depending on your own opinion, but is is very 'normal'.
Littlemum
GRAMMY Award
Posts: 100
Joined: Sun Sep 02, 2012 10:43 pm

Re: Any advice on paying commission for work found yourself?

Post by Littlemum »

Thanks again for your continued advice. I had a good chat with the agent who was actually very helpful (and I felt a lot better afterwards) and said basically to ignore the clause, they wanted to make sure that their CVs were up to date rather than being interested in taking their commission on this type of small amount. So I am going to re-sign but alter the clause as she said to ignore it, send it in and see what happens! I also take on the advice of irishdancer about adult agencies and how hard it might be in practice to get representation for DS1. Thanks again, knowledgeable NAPMs!
paulears
BAFTA Award
Posts: 796
Joined: Wed Sep 05, 2007 1:01 am

Re: Any advice on paying commission for work found yourself?

Post by paulears »

If the agent said ignore it, then cross it out and send it back. Two things will happen. First is nothing at all, it's fine. If on the other hand they say they can't accept it with the clause crossed out, then their advice to ignore it was not really true. A bit crafty, but by signing, it's part of the deal if you don't delete it.
Post Reply