For those at the beginning of their acting journey, it can feel like there are many hurdles to overcome. The first is how to go from having little or no experience to being ready to apply for castings. You also may be thinking about joining a union and honing your skills.
But one thing you may not have considered – and that they often don’t teach at drama schools – is how to navigate acting contracts. It’s worth learning about, so, when you land a role, you can celebrate rather than feeling out of your depth when it’s time to sign (or not!) on the dotted line.
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In the simplest terms, a contract is a “legally binding agreement between two or more parties and establishes the legal obligations of those involved,” according to the University of Law. For actors, a contract sets out the things that you are entitled to, such as the amount of pay you should receive, and the things that are expected of you in the role.
For actors who have an agent, it is generally your agent’s job to negotiate contracts and fees. That is not to say that you shouldn’t check over contracts yourself and raise any questions. Or that you cannot hire a lawyer to look at the terms of a contract for you (although that will come at a cost).
Don’t despair if you don’t yet have an agent. It’s common for actors to navigate contracts for smaller jobs themselves at the beginning, and there is other help at hand, such as the union Equity.
“Membership in Equity supports actors in navigating contracts in two ways: individually, through confidential advice and support, and collectively, through being able to shape our work to improve terms and conditions where Equity agreements are already in place," says Charlotte Bence, Equity’s head of greenfield organising. She adds that the union can also provide legal support in the event that something goes wrong.
But what actually is the difference between an Equity contract and a nonunion contract? “When work is described as on a union contract, it means that the terms and conditions in your individual contract are underpinned by an Equity agreement, which Equity negotiates directly with the producer,” Bence says.
Equity agreements establish minimum terms and conditions – “floors which no worker should fall through, not ceilings through which no worker can rise,” Bence says – that are then applied to individual contracts across TV, film, opera, ballet, and theatre. It can be hard to come across specific actor contract examples due to confidentiality, but the terms you should see in specific types of union contracts are outlined in the Equity agreements.
Union contracts provide actors with a “guarantee that the terms they are signing up to are both negotiated and enforceable by the union,” Bence says.
Nonunion contracts are “those which are devised entirely by the producer – they should still honour your basic legal rights, but may not offer much more than that,” she adds, explaining that they are common in video game work and commercials.
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Rate of pay
It’s important to ask how much you’re being paid per week and what you’re being paid for, as well as whether your pay includes things such as overtime and extra duties. It’s also important to make sure the pay rate meets national minimum wage requirements.
Hours of work
Also on Equity’s contract checklist is finding out:
- How many hours you’ll be working in a day or week
- How many days a week you’ll be working
- When your working day will begin and end
- How long your breaks will be and when they’ll fall
Overtime falls under this too. What happens if you have to work outside of the hours in your contract? Will you receive additional pay?
Holiday and pensions
“It’s a common myth that performers are not entitled to holiday pay,” according to Equity. “In most cases, this isn’t true.”
If you are defined under employment law as a “worker” or “employee,” then you are legally entitled to holiday pay. “If there is a contractual obligation for you to undertake work personally, you are defined under law as a worker,” according to Equity.
It’s worth ensuring that any contract clearly outlines that you are receiving holiday pay, which is a statutory right for workers in the UK.
If you are working under an Equity contract, your employer may have committed to making contributions to your pension through the Equity Pension Scheme, so it’s worth double-checking that too.
Usage rights
For anything recorded – such as work in TV, commercials, or film – it is essential to make sure usage rights are outlined in your contract, and to check that they seem fair.
“Usage rights define exactly how a client can use a piece of creative work – where it will appear, for how long, and across which platforms or territories,” Hannah Banks writes for rights ownership company TrueRights.
For example, “a presenter in a commercial might grant permission for the content to run on UK television for 12 months, but extending that use to online platforms, international markets, or across multiple formats requires separate agreements and, crucially, additional compensation,” she writes.
Buyouts, which are an overall fee for usage of the work done on a production, without repeat fees, come under usage rights. Sometimes usage rights will be outlined in a talent release form or an actor release form, which can be a stand-alone document or included within a larger contract.
Exclusivity
Not all contracts have exclusivity clauses, but they essentially specify that you will not work on a similar type of production, such as two soap operas, within a similar timeframe (or sometimes within a set geographic area).
If you come across one, it’s worth weighing up if the role that you will be doing justifies the terms.
Unfortunately, you may come up against some less-than-fair terms in a contract, or things you simply disagree with. It's worth knowing what to look out for, and when to question something. Here are three potential red flags.
1. AI clauses
AI clauses, which determine how a studio can use artificial intelligence to copy, change, or generate your image or voice, are relatively new and something the industry is still learning to navigate. “In recorded media, actors should check any AI clauses carefully to see what rights to your image or voice the producer is seeking, and the duration of any rights the producer is assigning to themselves for the use of the work you have created,” Bence says.
2. Unfair buyouts
Bence warns to always seek advice on a contract that is “seeking to purchase rights from you in perpetuity.” “In perpetuity” means forever! If a buyout is in perpetuity, that’s a red flag. In nonunion contracts, “buyouts often limit your earning to a tiny fraction of what you would have earned in a union production,” Backstage warns.
3. Lack of detail
The level of detail required in a contract will depend on the medium and scale of the job. There will be different things to look out for in each sector. In theatre, for example, Bence advises paying particular attention to information about holiday pay, pension contributions, and working hours. If those are lacking, then it’s worth clarifying.
This guide is by no means an exhaustive list, since contracts are long, complex, and unique to each project. It should, however, give you an introduction to the basics of actor contracts. For anything you still feel unsure about, it’s worth seeking professional advice.
