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CONTRACT CORNER LITTLE KNOWN FACTS ABOUT PUBLIC SERVICE ANNOUNCEMENTS Ad agencies, producers and casting directors often ask members to "donate" their services for Public Service Announcements (PSAs) (i.e., work for free) and many members are under the mistaken impression that agreeing to work on a PSA means agreeing to work for free. Did you know that a PSA is a type of commercial, and that the SAG-AFTRA Television and Radio Commercials Contracts require the producer to pay performers a session fee for their services in a PSA? The only difference between a regular commercial advertising a product, and a PSA advertising a nonprofit organization is that the contracts allow the producer of a bona fide PSA to request a waiver from the union of residuals for one year of use, subject to the performer's consent - the session fee is not waived. Not every “nonprofit” however, qualifies as a “nonprofit public service organization.” The union must first review and approve that the PSA entity actually qualifies as a governmental agency, nonprofit public service organization, charity or museum. Additionally, a spot won’t qualify as a PSA unless the media time is donated. If the PSA is aired on paid time, all fees then become due. “Donating your time” and working without the benefit of a union contract does not mean the same thing, although producers may not understand that concept. Some of you may MANY MEMBERS ARE UNDER be thrilled to donate your skills to a worthy cause. That's a good and honor- THE MISTAKEN IMPRESSION able sentiment, but let's look at the scenario when there is no contract to THAT AGREEING TO WORK ON protect you. Suppose you are asked to appear in a PSA and donate your A PSA MEANS AGREEING TO WORK FOR FREE time, but you feel you really can't afford to, or don't want to do the work without compensation? Does that mean the producer or advertising agency won't call you for work the next time when there is money to be made? Or, suppose you are lucky enough to work for a producer frequently, will he or she stop calling you if you say “no” to working on their favorite PSA project? Without the contract to protect you, you may feel pressured to do the PSA because it might have a bearing on your next job. Without the contract to protect you, a well-intentioned agreement to donate a few hours of your time could turn into a 16-hour nightmare: no protections, no overtime, no contract! By requiring the producer to pay you and adhere to the contract, it eliminates the pressure (and the potential abuse), and you remain free to donate to the charity of your choice. If you are booked for a PSA, make sure you check with Business Representative Barbara Massey at the SAGAFTRA San Francisco-Northern California Local (415) 391-7510 and confirm that a PSA waiver (waiver of residual payments only) has been sought by the signatory producer. We will work to ensure the job is signed to a union contract before the session takes place. Editor’s Note: The above article originally appeared in the SAG-AFTRA Boston Local newsletter. Many thanks to the Boston Local for permission to reprint. Some changes were made to update the information.
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