SAG-AFTRA’s new Influencers Agreement, which the nationwide board approved earlier this month, permits social media creators of sponsored content material to affix the union similar to some other industrial performer, and to be eligible for pension and well being advantages based mostly on their coated earnings.
But just like the union’s many different contracts, it comes with plenty of guidelines designed to guard the performer and the union’s jurisdiction.
According to the union’s Influencers Agreement truth sheet:
• Hazardous stunts, gratuitous nudity and sexual content material are usually not permitted beneath the Influencer Agreement.
• Presently, solely Influencers who carry out alone can signal the Influencer Agreement.
• There aren’t any provisions for ensemble use.
• The Influencer should be included.
• The Influencer should produce their content material themselves with no involvement by any third celebration manufacturing entity.
• The Influencer should personal their very own mental property.
• The Influencer should have a direct contractual relationship with the model.
• In order to guard different areas of the union’s jurisdiction, there are limits to how the Influencer content material could also be used. Exhibition is allowed solely on the Influencer’s and advertiser’s social media feeds, YouTube channels and web sites.
• No use of the content material, in complete or partly, is allowed in different areas of the union’s jurisdiction (e.g., no TV, conventional industrial or industrial use, and so forth.)
• Influencer content material creation can’t be mixed with one other coated service.
• Influencers shall be certain by the identical membership guidelines as their fellow members.
• The most interval of use for Influencer content material shall be 1 yr until in any other case negotiated.
SAG-AFTRA & AFL-CIO To Host Third Annual Labor Innovation & Technology Summit
Read the total truth sheet here.
“Making it easier to cover this type of work has been a top priority for our organization,” SAG-AFTRA president Gabrielle Carteris mentioned after the approval of the contract, which masking content material created by so-called “influencers” when they’re paid to promote services or products. “As new ways of storytelling emerge, it’s imperative that we embrace and lift up these artists.”
Based on printed experiences, the influencer advertising and marketing trade was value $8 billion in 2019, and is on observe to be value as much as $15 billion by subsequent yr.
“Presently, influencer content creation is overwhelmingly non-union,” the union says, noting that till now it has not provided a contract designed particularly to permit Influencers to cowl the sponsored content material they create. As a end result, the union says, “Members have had to turn down opportunities for Influencer brand deals or risk working off the card. Another result is that Influencers who are not members have had no viable path to union membership, preventing the union from organizing this growing and increasingly high-profile group of performers. The union is also losing the opportunity to achieve new and additional funding for the Pension & Health Plans.”
“Increasingly, members who are successful in traditional mediums are doing more Influencer-type work, and more Influencers are moving into traditional mediums,” the union mentioned. “It’s crucial to allow all our members to cover all their performance work with a union contract. As is evidenced by their dedicated followers and the volume of advertisers who want to hire them to sell their products, Influencers are creative, multi-talented performers whose performances should be covered by a SAG-AFTRA contract.”
The union, which doesn’t set a minimal pay price for these working beneath the brand new contract, famous that “Compensation is freely bargained – meaning it’s whatever the Influencer negotiates with the advertiser. Agreements between Influencers and advertisers vary significantly. There are no set rates and other terms can be very different as well. The Influencer’s company is treated similarly to an advertising agency that is paid by an advertiser to produce, edit and distribute content.”
Under the phrases of the brand new settlement:
• Influencers will qualify for Pension and Health advantages in precisely the identical method their fellow members qualify: based mostly on contributions made on coated earnings.
• The Influencer makes Pension & Health contributions on the portion of their compensation that represents the worth of their “covered services” – their work as a performer versus their work as a author, producer or editor, and so forth.
• The Influencer pays Pension & Health contributions on a minimal of 20% of their compensation and may qualify for advantages based mostly on the compensation really topic to contributions. For instance: if an Influencer is paid complete compensation of $100,000, and makes Pension & Health contributions on $20,000, solely $20,000 shall be thought-about SAG-AFTRA earnings that may assist them qualify for medical insurance or a pension.
• The Influencer’s union-covered employment additionally triggers eligibility for membership.
• An Influencer’s followers can vary from a number of hundred to 100 million. There is not any follower depend minimal required to affix the union, however at current just some Influencers shall be eligible to signal the Influencer Agreement.
• The Influencer Agreement shall be signed by means of an online portal.
• Applications to signal the Influencer Agreement shall be intently reviewed and vetted by workers.
• The union retains full management to disclaim, revoke or examine any mission.
• Staff will observe suggestions, expertise and issues as a way to proceed revising and enhancing the Influencer Agreement and the method by which it’s administered.