Paying commission on work not found by agent

Just a footnote.....
As agents we use Equity agreements as a minimum wage our clients should expect but we certainly don't rely on them because to often enough employers expect that is all they have to pay. We believe in a wage according to experience or profile and never go below the agreed minimums.....our artists are happy to turn work down and we are happy to do that for them if a fair wage is not offered. This business is not just about a 'quick buck' in our pocket but an investment in our artists for the future. It is very easy to work for reduced rates in the short term but a nightmare to raise wages so our artists expect to be paid what they are worth as do most reputable agents!

• 11 years ago
• 21

Good to hear...my agent is the same.

• 11 years ago
• 22

Hi,

I have decided to self represent for a year or so to see how it goes, due to the fact that I found 95% of the work myself and they were happy to take commission. That began to wind me up.

If you have an agent that is taking money from you all the time, there is a chance that they are more than happy to just let this be the case. Although, it is very possible that I just had rubbish agents!!! This is just my personal experience.

All the very best!

• 11 years ago
• 23

It's a hard one this, I get most of my work myself my agents dose not ask for a % unless they get involved at any point. It is true in saying that when you get work yourself that your agent can not put the forward so they can lose out but with the way it is at the moment I don't think either side can complain for when your agent gets you something your happy to be with them and when you get work yourself your agent should be pleased that your working on your profile and making contacts.

That's what I think anyway haha

• 11 years ago
• 24

Hi everyone...has anyone had this issue..my agent is now stating that any work I source through CCP must be then passed onto them and commission will become payable to them. Is this fair when I pay the monthly CCP fee, scan the jobs board myself, apply for said jobs, keep my profile up to date..videos, pictures etc?? Do you think some employers will avoid artists who apply through CCP but then redirect any correspondence to their agent?

• 10 years ago
• 25

if it is low paid, then an agent would not normally take any commission. But on a reasonable paid job well its down to your discretion. They are working on your behalf to get you work, it helps your relations with them and they might need to negotiate for you. I personally dont think you should pay commission on royalties on a job you found, thats another subject.

• 10 years ago
• 26

Hi I pay commission to my agent on work over £100. To be honest the majority of work I get myself hovers around this. It does work in my favour too as the agent collects the remuneration for me so cutting out the late / dont really want to pay people. Its a happy medium for me

• 10 years ago
• 27

Great job on the showreel, portrays your versatility well. You should get plenty of jobs.

• 10 years ago
• 28

My opinion is this:
An actor's job is to act! A hard enough job without the legal, contractual minefield that can sometimes come with the job.
An agents job is to:
A. Negotiate on behalf of the workseeker with the intention of raising their wage and creating good terms and conditions for each job.
B.Know their clients Diary and availability to make their career run smoothly and of course the possibility they can multi job.
C.Spend the time working to market them throughout the industry and give career advice when needed.

We charge our artists 10% for the above services and although it is their right to withhold payment for jobs that they were offered directly or sourced themselves, all 65 of our clients to a man/woman say the same thing to potential employers....'Thank you for the kind offer, here are my agents details!!

Also remember your agency fees can be offset against tax.

• 10 years ago
• 29

Hi Anon,

in my experience, an agent is a pretty handy person to keep on-side, even when you have found the work for yourself: like a car mechanic, they have the right tools and know-how to get the job done swiftly and efficiently — where you might find yourself faffing unnecessarily.

In the case of an agent, their know-how is "the business" and one of their best tools is possession of a damn good lawyer.

Most actors do, of course, find a large proportion of the work they do for themselves. But many still secure this work through their agent, if it is paid (obviously, 10% of no pay is nothing). Why?

The agent, working on commission, has a good deal of experience insuring that their clients GET paid.

The last potentially well-paid job which I failed to involve an agent in was for a good friend whom I knew I could rely upon implicitly to honour the 10% "points" he had promised me should the feature sell. The film did ultimately distribute — reasonably well. However, he owned the production company jointly with his wife; sadly, an expensive rock video they had gone on to shoot (nothing to do with me) had left them in debt to a dissatisfied client; the couple divorced.

He left her the entire company — and the express obligation to pay actors and crew from the eventual proceeds of our film. Instead, his ex-wife used the proceeds from OUR SUCCESSFUL film to clear HER company debts (and to raise the child she'd later conceived with a new, indolent, boyfriend).

As "friends", we remained supportive, and "bore with her" through all her difficulties — until she suddenly closed the company and disappeared to South Africa with the remaining assets. I never saw a penny of an estimated £20,000 I could have expected from agreed royalties.

Had an agent been involved in all of this, I expect they would have ensured I got paid my share as soon as the film distributed. I need not have felt like a heel for talking to this "friend in need" (now very much an ex-friend) about money.

So I don't know about the worth of that particular clause, and would be interested to know what you have learned. These days, fewer agents demand exclusive representation of their clients. I can certainly see the downside of having too many "exclusive" agents. It seems a bad idea to have more than one agent attempting to take commission from the same project. But it strikes me as prudent to let ONE agent in on commission, even for work you have found yourself.

The bottom line is, they will look after your bottom line — and make sure you get paid.

• 10 years ago
• 30

I would say it is no bad thing for an agent to be involved in any well paid work. Your agent has a tool-kit which you probably lack: (s)he has damn good legal representation, can make sure you don't get messed around or bullied and, ultimately, that you get paid.

This takes an awful lot of anxiety out of the contractual process for you - and leaves you free to concentrate on what you do best - acting - without the personality clashes that can result from trying to negotiate fair treatment, and timely payment, yourself.

From the agents' point of view, it can save them the potential embarrassment of discovering that clients they submitted for something have actually been submitted by a third, independent, party (ie., another agent or web-agency).

It could also compensate them for any long periods when you are unavailable to take up the jobs they are hunting down for you because you are otherwise employed.

That said, many good agents do not often insist on collecting payment for jobs they have not negotiated on your behalf. The contractual clause is there, just in case, to help discourage clients from taking the piss.

It is also common for agents to take a reduced commission for work you have found yourself (say, 10% instead of 15%). Ask your prospective agent if this is the case.

It does seem a little greedy to demand, say, 20% across the board, even for work you have negotiated yourself - and there are certainly better agents out there (You Management - a new agency who claim to be run by, and for, working actors - ask for 10% for any jobs they find you, and 5% for work you find yourself).

For my part, bitter experience of losing pay or rights has led me to realise that it's worth having a good agent even if you do find most of your work yourself. When there is pay involved, I usually offer it to my agent to handle. They appreciate the gesture. Sometimes, they decline (in which case no percentage). But, for larger amounts, they'll take on the negotiation - and I am left with the reassurance that the business end will be handled skilfully and not cause me any unneeded stress. If you are sending work in the direction of your agent, they will see you as committed, and be all the more motivated to find work for you.

• 9 years ago
• 31

I have a great relationship with my agent. I am always open and honest about the work and I want and don't want to do. I am always sourcing work myself but I put everything through his books. I know that he is working hard for me and regardless I believe he deserves the commission he takes. Also he has always been able to negotiate me higher fees on all the jobs I have secured something I would never have dared to ask! He deals with the contracts which is something I hate and he invoices and chases payments if late. I do my job just turn up and act. Plus when the work goes through him I know that there is never going to be a clash in the diaries or any confusion. But that is just my personal feeling about the situation.

• 9 years ago
• 32

I'm a firm believer in paying it - I even volunteer the info sometimes. I try to bear in mind that just because my agent may not have got me an audition in a while, (or me not have booked), it does not mean that they are not putting my name out there and daily applying for things on spotlight. This is work, on my behalf. Work that the only see recoup for if they secure a casting & then I book a job. So therefore commission from any work I find is payment for this. Due to this, I do struggle to understand actors who believe their agent should not take a cut out of self-found work.
It's a matter of an honest working relationship and mutual respect.
Each to their own & horses for courses & all that though!...

• 9 years ago
• 33