The 82nd Texas legislature may have cut the film incentive package from $60 Million for 2 years down to $30 Million, but at least they found time to make sure that talent agencies in Texas no longer have to be licensed or bonded. What a stroke of good luck for Texas talent. (That was sarcasm)

Believe it or not HB3167 which takes effect on September 1, 2011, abolishes state regulation of talent agencies and personnel services.

For some reason interior designers are also lumped into this mix, so Lord knows we all need to be on the lookout for any new Interior Design Talent Agencies that may spring up in River City.

Ah…so what? So talent agencies aren’t going to be regulated. Is that a really big deal?

It is if you’re an actor, particularly a novice actor or the parent of some little Johnny or Jane who wants to get into the actin’ bidness.

With no licensing and no bonding required for talent agencies, expect an influx of rip off ‘agents’ who will steer new comers and wannabes to ‘their’ photographers, ‘their’ demo reel or ‘slate’ producers, ‘their’ acting coaches or ‘schools’ etc. And don’t forget the ‘upfront fees’ that the scammers often charge.

Want to sign with the XYZ Modeling and Talent agency, well there’s a signing fee of $100, $300, $500, or more and you can say your little budding star has an agent. The uninformed and the desperate won’t know that no legitimate agent charges an upfront fee to talent. PERIOD. They’ll just know they ‘have an agent’. Uh…NO. They have a new dependent. They just can’t claim him/her on their tax return.

And what about the commission charges?

SAG and AFTRA mandate that an agent can take no more than 10% of their actor’s earnings. Already, in our market it is common for the non-franchised agents to take 15% or more from their non-union talent. What happens when these new agents that will be drawn to this market decide that talent must pay 25% or more? If the talent doesn’t know any better, they may think these are standard industry practices. They are not.

Having ANY agent is better than not having an agent at all isn’t it? NO. Having a BAD agent, particularly a bad agent who is also a crook, is much WORSE than having no agent at all.

If you or your youngster is signed with one of the scam agencies, then you only THINK you have representation. You’re not only wasting your money, you are wasting precious time that could be spent getting professional representation and career guidance from a legitimate agent.

You’ll be waiting for audition calls that never come. And let’s not even get into the really seamy side of the business that can involve the ‘casting couch’ in an ‘agents’ office or worse, the stone cold creeps who are just looking for a way to get close to your kids. Think I’m overstating? Think again.

Unsuspecting and ill informed talent, particularly the young and their parents, could end up signing contracts that bind them to these agencies with contractual language that goes well beyond the terms allowed by SAG and AFTRA franchised agency agreements and well beyond the norms for the existing and ethical non-franchised agencies.

Can this seemingly bonehead move by the legislature have a silver lining? I think it might.

As a longtime member of SAG (Screen Actors Guild) and AFTRA (American Federation of Television and Radio Artists) I HOPE that existing non-franchised agencies that are running ethical operations will strongly consider franchising with the guilds.

It is in the interest of these agents to separate their operations from the scum suckers that will surely hit the market. Those of us who are already here and active know who the good agents are. But the lines will begin to blur in the eyes of the public and the new comers to this market. And it won’t take that long.

At this time all of the SAG and AFTRA franchised agents in Texas are in either Dallas or Houston. We have no franchised agents in Austin. We are lucky because we have some of the best agents in the state in our market. We have some great, ethical, hard working, non-franchised agents in Central Texas but I’m hoping the time has come for them to step up and franchise with SAG and AFTRA.

Agents who are able to advertise their operations as being SAG and AFTRA franchised will offer the public and their talent rosters assurance that these agents are REAL talent agents and not just moneypits.

These non-agents will accomplish at least one thing.

They will take talent that are mostly at the beginning of their careers and they will sidetrack them into classes and substandard training; they will stall their growth at the very time when they need to be learning and improving by leaps and bounds to really compete as professional actors.

Make no mistake that the Agents In Name Only know all the tricks of the trade. Some of them will even SEEM to be legit. But they will cut corners and cross lines that can’t be crossed by responsible, ethical talent agents.

What kind of protections does SAG offer to member actors?

Non-union actors do not have the protections offered to members of SAG and AFTRA. And now they have a much harder road to travel to receive help from the state of Texas. Ready to get in line at the Attorney General’s office?

Here are some of the areas covered by the SAG Agency Department:

the interpretation and enforcement of SAG’s Agency Regulations and Contracts, [a/k/a Rule 16(g)]
responding to performers’ questions and concerns about their agency relationships
investigating member complaints
interacting with agents, attorneys, casting directors and other designated performer representatives on all topics
mediating disputes between agents and members in order to diffuse conflicts before arbitration becomes necessary
maintaining working relationships with talent agent organizations (e.g., ATA, NATR), as well as other industry labor organizations (e.g. AFTRA)
advising members on the terms and conditions of onerous general service agreements (or “GSAs”) outside of SAG’s jurisdiction
keeping abreast of new legislation relating to agency matters
consulting and assisting SAG staff across the country on agency rulings and policy; maintaining an “Actors To Locate” service for potential employers seeking to hire SAG members
and facilitating arbitration between members and agents, when necessary.

A word to SAG Eligible Actors

Hopefully the fact that the state will no longer offer agency licensing and bonding protection will encourage experienced, eligible actors to help strengthen the Texas SAG and AFTRA membership and join. You are already benefiting from the SAG and AFTRA contracts without paying any of the freight that helps establish the wage minimums, working conditions, producer pension and health care contributions, residual payments, etc.

If deregulation results in more franchised agencies in Texas and encourages experienced, eligible actors to take advantage of the protections offered by SAG and AFTRA membership, then maybe, just maybe it will have been a better move than it seems right now.

If you’re not a member of TXMPA, join today. TXMPA is at the forefront of the success of the current Texas Film Incentive program which has helped generate $610 Million in new in-state spending.

Given the current budget shortfall that is in the news practically every day, the film incentive program will likely face a serious test in the upcomming legislative session. Hopefully, the powers that be will see the benefit of $610 Million dollars flowing through our economy and the fact that the program has accounted for 55,000 jobs for Texans over the past two years.

Here’s the missive from TXMPA:

CHASE – 8pm Mondays on NBC
THE GOOD GUYS – 7pm Fridays on FOX

While we mourn the untimely loss of FOX’s LONE STAR (shot in Dallas) and ABC’s MY GENERATION (shot in Austin) earlier this Fall, and also say a fond farewell to FRIDAY NIGHT LIGHTS (airing its final season now on DirecTV, and this spring on NBC), we’re proud to still have two Texas shows in primetime every week, and look forward to more on the horizon.

Currently, Lifetime is prepping a pilot for MEET JANE in Austin, and TNT is developing a remake of DALLAS. Meanwhile, CBS and CSI creator Anthony Zuiker are developing a new crime drama called DESPERADO set in San Antonio. Thanks to the incentives and our top flight crews, the word is out that Texas is one of the best places to shoot series television.

TV is great for Texas – the Dallas Morning News reports that even short-lived LONE STAR “pumped about $7 million into the local economy”. And it’s not just the big cities that benefit – read about how CHASE filmed at Trinidad ISD in Henderson County:

“This was a way to generate some good, positive things for Trinidad,” said TISD Superintendent David Atkeisson. “Obviously our focus is on books, but we also want to expose our students to experiences that might spur them on to future endeavors. The thing I was most impressed with was the professionalism and patience of the cast and crew working with our kids. It was a great experience.”

Philip Daay and Chris Engen & Cast of TWILIGHT NATION

Check out the AAC Facebook page for a calendar of upcoming events.

Twilight Nation Poster

FREE and open to the public

Seating is limited: RSVP to the  AustinActorsConservatory at gmail.com

As a Reminder, parking signs at St. Edward’s are NOT enforced on the weekends.

SCREENWRITERS BIOs:

PHILIP DAAY
Based in Austin, Philip Daay learned his craft from the late Malvin Wald, the Oscar-nominated writer of the legendary noir classic The Naked City. Born to immigrants, his mother from Thailand and his father from Iraq, Philip’s first break came with the sale of his movie Left In Darkness to prolific television producer/writer Stephen J. Cannell. The movie enjoyed a release on Worldwide DVD and the Sci-Fi Channel (SyFy).

Ever since, Philip has continued his work in the entertainment industry. Past options include a Horror project to Haxan Films/White Ape; the creators of the cult hit The Blair Witch Project. He has also signed a past option on a Sci-Fi/Horror script with producer Robert Kandle and Oscar-nominated producer David Levy. He has recently concluded a Romance/Comedy assignment still in development for director Todd Cantelon and Trillenium Media Group up in Canada.

Philip’s upcoming projects include Black Salt, an Action/Martial Arts/Thriller starring Michael Jai White and Tom Sizemore to be directed by veteran stunt coordinator Nick Powell. He also wrote the upcoming Sci-Fi/Action graphic novel Scionic for Arcana Studios to be published in 2010.

CHRIS ENGEN A talented writer, musician and actor, Chris Engen has enjoyed an extensive career over the past decade. He played recurring roles on varied television shows such as CSI: New York and Felicity and main character roles for Saints & Sinners and As If. His movie career began in 2004 with DIRTY DANCING: HAVANA NIGHTS. His acting continued as one of the main characters on the movie LEFT IN DARKNESS written by Philip Daay. His latest projects include primary cast in EASY RIDER: THE RIDE BACK the official prequel to the classic EASY RIDER in 1969 starring Dennis Hopper. His collaborative relationship with Philip began on the set of LEFT IN DARKNESS which culminated with Twilight Nation.

More about Script to Screen:

The Script to Screen series is a LIVE read with professional actors of un-produced film or TV scripts before an industry audience. Our scripts are selected from professional writers and/or script festival winners. They are rehearsed, directed and performed by professionals before industry casting directors, producers, directors, potential investors and industry pros for one performance only.

The Script to Screen program began in Houston in 2007 and has grown to now include regular reads in the Austin and Dallas area. Production, financing and re-development of these projects has been the result. Script to Screen is committed to helping professional writers present their work to potential investors and provide a level of talent that can help facilitate casting. Our goal is to provide more work opportunities for industry professionals living and working in Texas.

Director Heather Scobie and a large cast of SAG and AFTRA actors presented a blocked for the state, live reading of the script with minimal lighting effects and sound effects. Frankly, I wondered if we’d pull this off as it was no small task. But under Heather’s confident guidance and with the talents of actors from Austin, Houston, Dallas and even Tulsa, OK it really turned out well.

The best part, to me at least, is that the writers, who were in attendance, seemed genuinely happy with the experience. They got to see their script on its feet and hear their characters speak aloud for the very first time. A Win/Win situation. If you’re a Central Texas SAG member and you haven’t joined the Conservatory, please do.

In addition to the Script to Screen series, we are actively programming seminars, classes, etc. to benefit Central Texas SAG and AFTRA members. Some programs and events will also be open to non-SAG actors as space and cost allow.

NEXT UP: Incremental Goal Setting – For Bicyclists and Actors, too

Discover the ins & outs of the TX Moving Image Industry Incentive Program & building the biz in Texas.

Join this open forum for producers, directors, actors and crew. Learn about the new incentives for growing work in Film, Commercial Advertising, Corporate Film, Video Gaming, & New Media. Find out how the new incentives have impacted Texas production, who’s using the incentives, and how home grown creativity can benefit from the new program.

When: Sunday, July 12, 2009

4 p.m. – 6 p.m.

Where: Congregation Beth Israel

3901 Shoal Creek Blvd.

Austin, TX 78756

(512) 454-6806

Panel includes:

· Bob Hudgins—Director, Texas Film Commission

· Linda Dowell—Regional Branch Division Exec Director, SAG

· TJ Jones— Texas Regional Director, AFTRA

· Craig Berlin—Business Manager, Pro-Tape Systems

· Ken Rector—Business Manager, IATSE Local 484

· Tom Booker—Moderator, Austin Conservatory

Cost: FREE

Please RSVP to Sheila Cooper at: (972)361-8185 OR (800) 724-0767, option 7 or  sheila.cooper at sag.org

Is this the contract we want and need? No. However, after a year of on and off negotiations, this is the contract we’re stuck with and, given the overall economic climate, this contract will pass. At least we got two year expiration that will give the various guilds the opportunity to work together next time and hopefully improve the pitiful compensation package that this agreement establishes for new media. Time will tell, of course, but those of us who’ve been around the block a few times have little reason for optimism that the AMPTP will give significant improvements going forward. Our best hope there is if SAG, AFTRA and WGA can work together in two years. Each day seems to bring a new announcement concerning new media company alliances that will continue to alter the current product distribution landscape. Right now, actors are set to get the short end of the stick. In two years we should have ample documentation to make a strong case for significant improvements to this just approved agreement.

And now some really good news…

TXMPA effort pays off with improved film incentive package… gov will sign into law and now it HAS TO BE FUNDED…

And more good news…

SAG and AFTRA successfully negotiated a new commercials contract so no negative excitement on that front…things are looking very positive for resurgence of Texas film business…Great way to start a new week!

Here’s the email SAG members got concerning the new theatrical contract:

Dear Screen Actors Guild member:

We are pleased to inform you that the National Board of Directors today voted to approve the tentative TV/Theatrical deal and recommend it to the members.

Please see the following announcement.

SCREEN ACTORS GUILD NATIONAL BOARD OF DIRECTORS APPROVES TENTATIVE TELEVISION AND MOTION PICTURE CONTRACTS AND RECOMMENDS RATIFICATION

Los Angeles (April 19, 2009) – The Screen Actors Guild National Board of Directors today voted 53.38 percent to 46.62 percent to approve and recommend to members, new, two-year successor agreements to the 2005 Producer-Screen Actors Guild Codified Basic Agreement and 2005 Screen Actors Guild Television Agreement.

The proposed agreement, covering actors in motion pictures and television delivers 3.5% effective annual increases comprised of a 3% wage increase and a .5% pension and health contribution increase upon ratification, and a 3.5% wage increase in year two.

The board passed the below motion shortly after 4:00 p.m. today:

It was moved and seconded that the National Board directs the Interim National Executive Director to send the tentative agreement between the Producers represented by the AMPTP and the Screen Actors Guild for successor agreements to the 2005 Producer–Screen Actors Guild Codified Basic Agreement and the 2005 Screen Actors Guild Television Agreement to the membership for ratification, with a recommendation from the Board to vote ‘Yes.’
Approved: 53.38% –46.62%

“I urge members to carefully review both the pros and cons in the referendum materials, and exercise their right to vote,” said Screen Actors Guild National President Alan Rosenberg.

Interim National Executive Director David White said: “We are pleased that Screen Actors Guild members will soon be voting on a deal for television and motion pictures. We’re eager to get our members back to work and to focus now on the challenges ahead, particularly on initiating a comprehensive effort to thoughtfully plan for the future.

Our negotiating committee, task force and professional staff have worked countless hours on this agreement over the last year. On behalf of the National Board, I thank them for their time, commitment and expertise.”

Chief Negotiator John McGuire stated: “This tentative agreement delivers increased contributions to the SAG pension plan, increased minimums, a significant gain in background actor numbers from 50 to 55 over the term of the contract, and it tracks the new media provisions achieved by other entertainment industry unions. The term of the agreement puts SAG in sync with the other unions, and does not include the extended term recently proposed by the AMPTP.”

Provisions of the proposed deal include:
• A two-year term of agreement concluding June 30, 2011.
• Effective annual increases comprised of 3.0% in wage increases and .5% in pension contributions upon ratification, and a 3.5% wage increase one year following ratification.
• A new media structure that tracks those achieved by other industry unions, resulting in gains for actors including:
o Jurisdiction on all derivative, made-for new media productions; automatic jurisdiction on all high-budget, original, made-for new media productions; plus jurisdiction on low budget original, new media productions that employee at least 1 covered performer.
o Residuals for exhibition of TV and Theatrical motion pictures on consumer pay platforms (Electronic Sell Through) at a greater percentage than those paid for DVD distribution.
o Residuals for ad-supported streaming of feature films and television programs.
o Residuals for derivative new media programs.
• Additional 5 covered background actors in feature films. From 50 to 53 covered background positions upon ratification of the contract, and from 53 to 55 covered background positions in year 2. Adds 1 covered background position in TV, from 19 to 20, upon ratification.
• Increased compensation for guest star premium from 7.5% to 10%.
• Increased trailer money break from $2,500 to $3,000, or more per week.
• Increased overtime money break for three-day performers from $2,700 to $3,000.
Ratification ballots will be mailed to eligible SAG members in early May, with an expected return date at the end of the month. Tabulation will occur immediately upon the conclusion of balloting.

Bargaining for a successor agreement to the 2005 SAG TV/Theatrical Contract began on April 15, 2008.

Dear Screen Actors Guild Member,

I am very pleased to inform you that early this morning, the SAG/AFTRA Joint Commercials Negotiating Committee, under the capable leadership of John McGuire, Mathis Dunn and Ray Rodriguez, reached a proposed deal on the commercials contracts. The committee voted unanimously to recommend this agreement to the SAG/AFTRA Joint National Board for approval and membership referendum.

I would like to express my congratulations and sincere appreciation to the members of the negotiating team for their hard work and dedication during this challenging process.

Please take a moment to review the below news release which provides some details about the proposed agreement.

In unity and looking forward.

David White

AFTRA AND SAG REACH TENTATIVE AGREEMENT WITH ADVERTISING INDUSTRY ON NEW COMMERCIALS CONTRACTS

NEW YORK (APRIL 1, 2009)—Screen Actors Guild and the American Federation of Television and Radio Artists announced today that the AFTRA/SAG Joint Negotiating Committee has reached a unanimous tentative agreement with the Joint Policy Committee (JPC) of the American Association of Advertising Agencies (AAAA) and the Association of National Advertisers (ANA) on terms for successor agreements to the AFTRA Television and Radio Commercials Contracts and the SAG Television Commercials Contract, subject to approval by the SAG/AFTRA Joint National Board.

The new three-year agreement contains a more than $36 million increase in wage rates and other payments for all categories of performers in the first year of the contracts, approximately $21 million in increased contributions to the SAG Pension and Health Plan and the AFTRA Health and Retirement Fund, establishment of a payment structure for work made for the Internet and other New Media platforms, important new monitoring provisions, and improvements for choreographers, extras, and Spanish language performers.

The new contracts also contain an agreement in principle outlining terms for a pilot study for the purpose of testing the Gross Rating Points (GRP) model of restructuring compensation to performers as proposed by Booz & Co. The two-year study is scheduled to commence on April 15 and will be conducted by a jointly retained consultant engaged by the Unions and the Industry. The results and possible adoption of the study’s findings will be subject to negotiation by the parties not later than January 3, 2012.

The unions successfully protected the critical “Class A” payment structure and continued unchanged the editing provisions in the existing contract.

Highlights of the new agreement include:

• Three-year agreement, term effective April 1, 2009 to March 31, 2012
• 5.1% overall increase in wages and other compensation over the life of the contracts, including a 4.43% increase, effective April 1, 2009, in Class A, Wild Spot, and basic cable session fees
• For product made for the Internet or in New Media, 1.3 times the minimum session fee for 8 week’s use and 3.5 times the minimum session fee for one year’s use
• 0.5% increase in the employer contribution rate to the AFTRA H&R and SAG P&H plans bringing the total contribution rate to 15.3%. The agreement provides for a cap on P&H and H&W contributions, but the committee successfully negotiated the industry from their initial demand of $250,000 to $1,000,000 per performer, per contract, per year.
• Secured five, new covered jobs for commercial extras, up from 40 to 45
• Established new exclusivity provisions for made-for cable only commercials
• Instituted, for the first time, a contract provision to pay extras a round-trip mileage fee of $8
• Increased foreign use payments under the Spanish Language section of the contract

“Feather in the Rain”
by Alex Conrad
Monday, March 30
6:00-6:15pm Network
6:15-9:00pm Script Read

State Theater
719 Congress Ave.
Austin, TX 78701
512.472.5470