2016 SAG-AFTRA COMMERCIALS CONTRACT BlackPANTONE Blue 0821 C 137231_SAG_Cover.p1.pdf 17-11-13 15:25:07 by Lloyd SCREEN ACTORS GUILD-AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INC. 2016 COMMERCIALS CONTRACT CONTRACT made by and between SCREEN ACTORS GUILD-AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INC., a California non-SURILW FRUSRUDWLRQ KHUHLQ FDOOHG WKH ³81,21´ DQG WKH $1$-$¶6 -2,17 32/,&<&200,77((21%52$'&$677$/(1781,215(/$7,216KHUHLQFDOOHGWKH³-PC´DFWLQJRQEHhalf of advertisers and advertising agencies who have authorized said JPC to act on their behalf, a list of which has been filed with the Union and is by this reference included as a part of this Contract, and others who sign this Contract or Letters of AdKHUHQFHKHUHWRKHUHLQDIWHULQGLYLGXDOO\UHIHUUHGWRDV³3URGXFHU´, as that term is defined in Sections I.1.C and 58.C. I. PRE-PRODUCTION 1. RECOGNITION AND COVERAGE A. Principal Performers The Union is recognized by Producer as the exclusive bargaining agent for all principal performers (including actors, narrators, announcers, singers, specialty dancers, specialty acts, puppeteers, stunt performers, and pilots) as described in Section 6, Persons Covered, employed by Producer for commercials, as the term ³FRPPHUFLDOV´LVGHILQHGLQ6HFWLRQZLWKLQWKHVFRSHRIWKLV&RQWUDFWDVSURYLGHGLQVXEVHFWLRQ A of Section 5, Scope of Contract. Compensation to principal performers in commercials is based both on the services which the principal performer renders in the production of such commercials and on the use which is made of the finished commercial in which the principal performer has rendered services. This dual basis of compensation springs from the unique nature of the services rendered by principal performers in commercials. The Union contended that a principal performer rendering services in a commercial performs, to a great extent, the duties of a demonstrator or salesperson of a particular product or service and as such, tends to be identified with that particular product or service. The Union also contended that this identification increases proportionately with the continued utilization of a commercial. The Union further contended that advertisers and their agencies seldom approve the employment of a principal performer who has become identified with another product or service, especially if the product or service is competitive. These conditions and practices tend to reduce opportunities for further employment in this field. The Producer, realizing the singular nature of this kind of service and that the reuse of a commercial may limit or curtail further employment opportunities for the principal performers appearing in the commercial, has agreed to this unique method of compensation. B. Extra Performers The Union is also recognized by the Producers, and each of them, as the exclusive bargaining agent for all extra performers employed by the Producer LQWKHSURGXFWLRQRIFRPPHUFLDOVDVWKHWHUP³FRPPHUFLDOV´LV defined in Section 4, in the zones as defined in Section 1 of Schedule D hereof. C. Employment by a Producer ,QRUGHUIRUDSHUIRUPHUWREH³HPSOR\HGE\D3URGXFHU´DVUHTXLUHGE\3DUDJUDSKV$DQG%DERYHWKH performer must be employed by a bona fide producer of commercials covered by the Contract. The Union reserves the right to reject or revoke the signatory status of any company if that company is not a bona fide producer of commercials. D. Equal Treatment The Union agrees that if, during the term of this Contract, a Producer not currently signatory to this Contract shall become a member of the JPC and authorizes the JPC to represent it for purposes of collective 1 INDEX ! " " # " $ % &'( )! (* +,*& -)* +,*. &, R 0# # ( * +,*& (* +,*& % +1 2 2 3 (* +,*& # % +& 0 # # # O P 6 ( % 17 6 ( ) ( 8 R R ( ) 8 O P 2 9- 2 9- 2 2 9- : 8 " 8 : " 28 ), %% ;& +,&! 2 INDEX 5. SCOPE OF CONTRACT A. Principal Performers 1. The terms and conditions of this Contract apply to commercials produced by Producer in the United States, which includes its commonwealths, territories, and possessions, and to commercials for which Producer engages principal performers within such territorial areas wherever such commercials are made. 2. The showing of commercials anywhere within the United States, its commonwealths, territories, and possessions, Canada and Mexico, shall be included in determining use fees. 3. The parties to this Contract agree that every effort will be made to encourage advertisers to produce commercials as defined in Section 4 within the geographic scope of this Contract. As part of this objective, Producers agree that they will not produce commercials outside the geographic scope of this Contract engaging entirely non-union principal performers primarily for reasons of economy or economic advantages in the engagement of principal performers. On request, Producer will supply the Union with complete records and reports of commercials which were made outside the geographic scope of this Contract. In the event such material discloses production outside the geographic scope of this Contract in violation of the intent and spirit of Section 5.A.3., the Union may require advance notice of all future production outside of the geographic scope of this Contract. B. Extra Performers The terms and conditions of Schedule D ± Extra Performers, of this Contract apply to commercials produced by Producer only in the extra zones defined in Schedule D for which Producer engages extra performers within such extra zones. 6. PERSONS COVERED ² PRINCIPAL PERFORMERS 7KH IROORZLQJ FODVVLILFDWLRQV RI SHUVRQV DUH LQFOXGHG LQ WKH WHUP ³SULQFLSDO SHUIRUPHU´ DQG DUH covered by this Contract: A. Anyone who is seen and who speaks a line or lines of dialogue, whether directly employed for such work or after being hired as an extra performer, as provided in paragraph 26 of Schedule A of the Producer-Screen Actors Guild Codified Basic Agreement of 1992; B. Anyone whose face appears silent, alone in a stationary camera shot, and is identified with the product or service; C. Anyone whose face appears silent and is identifiable and whose foreground performance demonstrates or illustrates a product or service or illustrates or reacts to the on or off-camera narration or commercial message; Persons appearing in the foreground solely as atmosphere and not otherwise covered by the foregoing shall be deemed extra performers; D. Notwithstanding any of the provisions of subsections A., B. or C. hereof, anyone who is the subject of a FORVHXSDQGZKRLVLGHQWLILDEOHVKDOOEHGHHPHGD³SULQFLSDOSHUIRUPHU´$³FORVHXS´LVGHILQHGDVWKDWWHUP is understood in motion picture photography; E. &ORZQVLQSURSULHWDU\PDNHXSZKLFKLVLGHQWLILDEOHDUHLQFOXGHGLQWKHWHUP³SULQFLSDOSHUIRUPHU´LIWKHLU foreground performance demonstrates or illustrates a product or service or illustrates or reacts to the on or off-camera narration or commercial message; F. 6WXQWSHUIRUPHUVDUHLQFOXGHGLQWKHWHUP³SULQFLSDOSHUIRUPHU´LIWKH\SHUIRUPDQLGHQWLILDEOHVWXQWZKLFK demonstrates or illustrates a product or service or illustrates or reacts to the on or off-camera narration or commercial message. Stunt performers need not be identifiable per se; only the stunt performed need be identifiable; 3 INDEX $ YHKLFOHGULYHULVLQFOXGHGLQWKHWHUP ³SULQFLSDOSHUIRUPHU´ if such driver satisfies the Stunt Driving Guidelines set forth in subsection 9 of Section EE of Working Conditions (Schedule A, Part I); G. 6SHFLDOW\GDQFHUVDQGVSHFLDOW\DFWVDUHLQFOXGHGLQWKHWHUP³SULQFLSDOSHUIRUPHU´LIWKHUHTXLUHPHQWVRI this Section 6 are otherwise fulfilled; H. Anyone whose voice is used off-FDPHUDH[FHSW³RPQLHV´³2PQLHV´DUHGHILQHGDVDWPRVSKHULFZRUGVRU sounds uttered by anyone; I. 3HUVRQVDSSHDULQJLQ³VWRSDFWLRQ´³VTXHH]HDFWLRQ´RUVWLOOSKRWRJUDSKVDVGHILQHGLQand subject to the limitations of Section 7, Still Photographs and Stock Footage; J. Performers operating hand, stick, or string manipulated puppets or marionettes. Such performers shall be compensated as on-camera principal performers for their services in making any commercial and for the use of any commercial utilizing their services; K. 3LORWVRIDQ\W\SHRIDLUFUDIWLQFOXGLQJDLUVKLSVJOLGHUVDQGEDOORRQVDUHLQFOXGHGLQWKHWHUP³SULQFLSDO SHUIRUPHU´LIDWWKHGLUHFWLRQRI3URGXFHUWKHLUIO\LQg or taxiing demonstrates or illustrates a product or service or illustrates or reacts to the on or off-camera narration or commercial message; L. A featured foreground performance by specialty acts, specialty dancers, or stunt performers in a commercial shall be covered for all purposes, including residuals, whether or not their performance demonstrates or illustrates a product or service or illustrates or reacts to the on or off-camera narration or commercial message; M. Anyone who speaks lines or performs a stunt for a commercial and whose performance is not utilized in a commercial so as to qualify such person as a principal performer under the provisions of this Section 6 shall, nevertheless, receive the applicable