Expert: Phil Nemy - 11/7/2007

Question
QUESTION: I recently wrapped a non-union commercial (I'm SAG Eligible) and the production company negotiated a flate rate +20% for the agency.  My agent and I have both received our payments, but my agent is now requesting his 20% (off my payment) bring his total to 40%.  He says our agreement states that he makes 20% of the talent's payment on any non-union job.  Is this correct or should I tell him that our agreement has already been met when he received his 20% from the production company and find a new agent?

ANSWER: R,

The industry standard is for an agent to take 10% of an actor's payment on a job, not 20%. In fact, I believe by law, an agent cannot take more than 10%. A Talent Manager can take more than 10%, but a Talent Agent cannot.

That said, the spirit of the deal made with the production company was for you to receive 80% of the payment and your agent to receive 20% of the paymenet for his services. Having not read your agreement, I have to assume based on what you've told me that this satisfies the terms of your agreement with your agent.

If it was me, first I would never have agreed to my agent taking 20% as it is against the law, and second, if he believes he is entitled to an additional 20% of my income, I'd think he was a crook and I'd dump him faster than a hot potato. But that's just me.

Phil

---------- FOLLOW-UP ----------

QUESTION: Thanks for getting back to me so quickly.  If I dump him does he have legal standing to sue me for the outstanding comission, or should I pay him, walk away and chalk it up to an expensive lesson?  I just don't want to end up with this costing me even more if I fight him on this.

Answer
R,

Since I haven't seen your signed agreement with him, I cannot honestly tell you if he has a strong case against you or not. Anyone can sue for anything, you don't necessarily have to have a strong case.

That said, assuming that what you've told me is true, it would appear to me that he wouldn't have much of a leg to stand on. The real question is how much money are you talking about? If it's only a couple of hundred dollars, then think about what it would cost him to hire an attorney, file the complaint and pursue you in court. Depending upon where you live, he COULD take a small amount like that to small claims court, but he still has to go through the machinations of filing. My guess is that if it's a small amount, he may not want the hassle of filing with a slim chance of winning. But again, I haven't actually read the agreement so it's difficult to advise you with out having seen it.

If you just have had enough of him, and you can afford to lose the money, you could pay him what he wants, terminate your agreement (provided your agreement has a termination clause), and chalk it up to experience.

Phil