When you book a job, your agent sends over the contract or deal memo, and suddenly you wonder if you should have a lawyer look at this before I sign.
Agents understand deals and negotiate them, but a lawyer brings a deeper knowledge of the details and the capability to negotiate those details. That expertise comes at a price: Most entertainment lawyers charge talent 5 percent of the deal while some are available at hourly rates of $400 an hour and up.
Even if an actor’s employer (a studio or producer) refuses to modify the agreement, an attorney can educate the actor about the terms of the contract, including what rights he or she is giving up. A lawyer can give a perspective that a manager and/or agent might not have. If the lawyer gets paid an hourly fee, they’re not invested in you taking a possibly bad deal. An agent or manager working on commission has a potentially different view.
Remember, If it’s a small role and it’s a scale deal, you’re not likely to get any changes in the deal, and assuming it’s a SAG-AFTRA contract, the guild agreement offers certain built-in protections. However, legal review is still a good idea.
When you’re getting your first studio film and they want to take optional pictures, that would be a moment when you really need a lawyer on your side. It’s also smart for actors to have a lawyer involved when they’re testing for pilots. Remember, at that point, you’re entering into a seven-year deal before you even walk in the room. You should retain an attorney for any holding or option deal or other kind of development deal where the actor is granting some level of potential exclusivity over their services for some period.
The size and nature of the role makes a difference too. If the role is one of the leads or a major supporting role, an attorney may be able to procure additional benefits/fees and limit what rights are being given away. A lawyer is also important if the role requires nudity, the client is a minor, or the job is non-guild. Remember, not all talent agencies have lawyers available to their clients.
If you’re about to sign with an agent or a manager, you should have the representation agreement reviewed by a lawyer. Unlike agents, managers are not regulated by the state or the union, and the contracts that some managers offer to new or emerging actors can be unfair.
If you’re producing your own projects, you need a lawyer. Acquiring rights, hiring writers, directors, cast, and crew, clearing music, and negotiating with digital or physical distributors are not simple tasks for the uninitiated. You could make some very costly mistakes.
Finally, if a deal seems confusing or something feels wrong, it’s time to get a lawyer. After all, it’s your career. Protect it!