CASE STUDY: Re-drafting the actor’s / talent agreement / contract

Issue: Government Department responsible for developing community communications campaigns to improve health and decrease illness is increasingly exporting campaigns into overseas markets.

Challenging Problem: The advertising agency, casting agents and talent agents are using the actor’s union contracts, the terms of which are making the cost of talent fees prohibitive in these overseas markets.

Creative Solution: Following on from our work with the AANA, TP3 were able to rewrite the existing actor’s union talent fee, within the agreed legal terms to provide a more cost effective way of calculating the talent fee for overseas markets and then enshrine the use of this in the agency contract.

Process: TP3 brief from the department was that the countries wanting to license their communication campaigns were populous but relatively poor, therefore using an existing campaign should have been a cost effective solution. TP3 linked the talent fee for rights in foreign markets as an index to Australia’s GDP per head of population, based on the IMF data.

Timeline: The process involved consulting with external and internal lawyers and took 3 months from initial brief to approved draft of the new talent contract.

Result and feedback: As expected, there is some initial industry resistance to the new agreements, but future campaigns will be covered under the new terms, making it more cost effective for countries with low GDP and high populations to leverage these life saving campaigns. The problem is that the actor’s contracts from the existing campaigns cannot be changed retrospectively.

Cost: Contact TrinityP3 for details

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About Darren Woolley

Darren is considered a thought leader on all aspects of marketing management. A Problem Solver, Negotiator, Founder & Global CEO of TrinityP3 - Marketing Management Consultants, founding member of the Marketing FIRST Forum and Author. He is also a Past-Chair of the Australian Marketing Institute, Ex-Medical Scientist and Ex-Creative Director. And in his spare time he sleeps. Darren's Bio Here Email: darren@trinityp3.com
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