If you were a talent agent or manager and you undertook one of the required services for a performer, you are now a “performer representative”. In that post we mentioned there are two types of Agreements that are important for you to be aware of. Standard Agreement and Entertainment Industry Managerial Agreements. The difference between these Agreements are important for you to recognise, as the commission you can charge your client will depend on the type of Agreement held.
So, what you want to know is: if I’m a performer representative, can I charge above the 10% cap the Act imposes on me? In short, the answer is yes under certain circumstances.
As we highlighted in our previous blog the ‘standard’ entertainment industry agreement (see our earlier blog for the services covered by this) which may be verbal or in writing. If you’ve entered into a ‘standard’ entertainment industry agreement the fees that you can charge for your services are capped at 10%. If your client is involved in a film, television or media performance the maximum 10% cap will apply. If your client is involved in a live theatre performance, live TV or other variety productions you may charge 10% for the first 5 weeks of the performance and 5% in subsequent weeks the production runs.
To charge fees in excess of this cap, this is only possible under an ‘entertainment industry managerial agreement’. Sadly, the Entertainment Industry Act doesn’t actually say what these services are. It appears to us that this would include services like providing career management advice, managing the reputation or developing the talent or skills of the performer but there could be more. Please note that this Management Agreement be in writing and must contain an ‘additional fee acknowledgement’ making it clear the performer will be charged in excess of the 10% cap.
This type of agreement requires a 3 day cooling off period. This means your client can consider whether the agreement is suitable and may decide not to continue, or terminate, the agreement. The performer can waive this cooling off period.
If you’re a performer representative you are ALSO obliged to give your client the “Information for Performers” fact sheet here.
If the performer is a child they must also be provided with the ‘Children’s Guardian’ fact sheet. Be aware if the performer is a child, there are further obligations as a performer representative under the Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015. For more information regarding performer representatives and children, see here.