Sag Aftra Influencer Agreement

The Influencer Agreement and influencer waiver have a common goal: to provide a mechanism to cover the content that an influencer produces for an advertiser under a SAG-AFTRA (“ABC”) collective agreement. However, they take different paths to get there, and these paths are mutually exclusive. “Facilitating the coverage of this type of work has been one of the main priorities of our organization,” said Gabrielle Carteris, president of SAG-AFTRA, after approving the contract, which covers content created by so-called “influencers” when they are paid to promote products or services. “As new ways of storytelling emerge, it is imperative that we embrace and elevate these artists.” The Influencer Agreement, an example of which can be found HERE, governs the relationship between the influencer and the union. It contains several important terms that influencers should consider when creating their content agreements with advertisers. The Influencer Waiver, which can be read HERE, contains many of the same provisions as the Influencer Agreement and also allows for the distribution of influencer content on other channels, platforms or media (for example. B, television) with the consent of the influencer. To address this need, SAG-AFTRA`s National Board of Directors approved in February 2021 an agreement (the “Influencer Agreement”) that would cover sponsored content produced in accordance with the underlying contracts between influencers and advertisers. Prior to this announcement, YouTube was the only advertising platform under sag-aftra`s services. The union`s new influencer agreement extends this coverage to advertising on various social media platforms.

First of all, there is the obvious: influencers influence people. For an entire class of workers whose job it is to communicate and influence people, to provide union benefits, probably means that as the influencer union grows, the unions will become more visible to the American people. This could lead to more spontaneous conversations about unions in high-profile environments like Meghan Markle`s conversation with Oprah. Because the likelihood that Americans are members of a union or are close friends or family with someone in a union has decreased in recent decades, awareness of how unions work is likely to be useful for unions. Influencers can also raise awareness among unions and the likelihood of unionizing in other industries, as they often move to other professions. What is an influencer? Colloquially, he is someone who is able to reach and then influence a wide audience on social media. They usually have a large number of followers on social media and often enter into sponsorship agreements with brands where they are paid to promote products on their social media. Many people who have become famous through social media, such as actors and actresses, can also be influencers if they have translated their fame into social media reach. The other model is when an influencer works with a brand or agency that already has a contractual relationship with SAG-AFTRA, in which case the influencer goes through a waiver process instead of the influence agreement.

The main difference between the regular influence agreement and the waiver process is that SAG-AFTRA has a contractual relationship with the brand itself in the waiver process and can therefore have more recourse to use if necessary. In order to clarify how and to what extent advertisers and union agencies should manage contracts with influencers who produce their own content, SAG-AFTRA and the Joint Policy Committee (JPC) have developed the waiver of influencers` commercial contract (Waiver). The JPC represents the advertisers and agencies that have authorized the JPC to negotiate with SAG-AFTRA on their behalf. Based on published reports, the influencer marketing industry was worth $8 billion in 2019 and is on track to be worth up to $15 billion by next year. Unions could be a game changer for influencers – but how could influencers change the game for unions? When entering into a contract with an influencer who participates in the SAG-AFTRA influence agreement, here is some important information: First of all, the intended signatories of the influence agreement are the influencers themselves. Influencers who wish to become members of a union in this way must set up as a business unit and then sign the influence agreement through their company or LLC. When creating such a requirement, SAG-AFTRA essentially treats the influencer as a mini-production company or creative agency. Therefore, the unit of the influencer who signs the influence agreement will be directly responsible for the payment of pension and health payments to the union`s pension and health fund. Now that the waiver and deal are available, agencies and brands are ready to release them for a series of tests. This article contains our preliminary thoughts on how waiver and agreement will work in practice. As influencer marketing transforms the advertising industry, the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) has expanded its services and coverage to these popular content creators who promote brands.

Sag-AFTRA President Gabrielle Carteris told me she believes this agreement is a victory for the union: “Reporting on this work is vital to the future of our union as we continue to embrace new forms of personal expression through current and future media, and we recognize the need to be agile for the next generation of artists while offering protection. which allows a real autonomy. These different requirements, including the fact that the influencer must enter into a direct contract with the advertiser, make it clear that the scope of the influence agreement is limited and does not cover projects involving a traditional production company or a creative third-party agency. In addition, if the Influencer wishes to use the SAG AFTRA Services as part of the Contract with the Advertiser, the Influencer must agree to pay contributions equal to 19% of the remuneration attributable to the Influencer`s camera and/or voiceover services to the SAG-AFTRA pension and health plans. These payments are not the responsibility of the brand. The SAG-AFTRA website contains several resources for influencers to help influencers understand the influencer agreement, such as. B`influence agreement 101 and an information sheet on the influence agreement. Social media content creators, commonly referred to as “influencers,” are increasingly in demand by advertisers who want to take advantage of the influencer`s internet tracking. Although “influencer” is officially an industry-recognized job title, membership in the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the leading union for professional artists, was previously largely inaccessible. .

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