I'd say "don't get me started," but it's just TOO DAMN LATE for that. I'm started, Agents. I'm started and I'm GONE.
I'm an actor. And a web designer. And a voice-over artist. In short, I'm self-employed. I handle all my own business(es), all the day-to-day things like bookkeeping, appointments, and invoicing.
And when I invoice, I put plainly on that invoice: "Payment due within 30 days of receipt of invoice."
Thirty. Days.
Everyone and GOD has to pay their bills within thirty days.
But yesterday I noticed that two of the commercials I've done--which are airing right now-- I haven't been paid for yet and it's been over that magic thirty.
So I call my agent and I ask her, "what's the deal?" And she has answered this before. "It's the industry standard for non-union jobs to pay anywhere from 30, 45, up to 90 days."
NINETY DAYS, Agents. NINETY days for a NATIONAL company to pay me my pittance of a non-union salary?
Oh HELL no.
So when my agent (small a) used this phrase again with me yesterday-- "It's the Industry Standard--" I just lost my MIND.
"No." I said. Plainly, but forcefully. "This is UN. ACK. SEPT. ABLE."
I don't know how the "Industry" managed to put this over on everyone, this ninety-day wonder they've got going-- but I'm in the midst of looking up the laws and as far as I can see, hey, guess what? EVERYONE in this NATION has to pay within 30 days unless otherwise stated in the contract.
And contracts, Agents, are what agents (small a) negotiate. So, based on this, I'm instructing my agent that it now goes into ALL my future contracts that *I* get paid within 30 days. They can't convince me that they won't be able to pay their debts within that time; how else would they run a business?
Agents, NEVER let someone tell you "that's just the way it is." Nothing gets me more riled up than being told I have to suck it up because everyone ELSE has to. I'm NOT everyone else. I have rights and I will stand up for them, even if no one else will.
Last year, I personally negotiated wage hikes for an acting troupe I was with, because they hadn't raised their actor's wages for TEN YEARS. Cuz, y'know, we were all being paid INDUSTRY STANDARD. Well, then, let me tell you the Industry is WRONG.
And y'know what? They hiked the wages. And yeah, I suffered the stress and negativity that arguing over money always brings, but it ended up being worth it. Don't ever let anyone say otherwise.
If you're not sure of your rights in any situation, Agents, look them up. Look up the law. Ask around to see what other people in your situation are getting. Compare. Ask. Research. Get informed. And then, use your knowledge to get what is fair and just.
This isn't a rant about me getting what I want. This is a rant about me getting screwed and being told I have to accept it because everyone else does.
Not bloody likely.
I will report on the outcome of this tete-a-tete I'm about to have with my agent (small a) in the comments section. I've already put a call into her today to resolve this.
Posted by Agent M at September 04, 2003 02:14 PMI look forward to seein' the outcome AgentM. For two reasons.
One, because I totally agree, and think that the "that's just how things are" approach is just big ol' BS.
Two, because the outcome of your tete-a-tete will play a factor in my decision regarding if I want to sign up with the same agent (little a). ;)
90 days is simply outrageous. And why is it that the more-costly union fee MUST be paid within a certain time-frame, but the smaller non-union pay is given more leeway? Shouldn't that be the OTHER way around? Smaller amounts getting paid out faster???
Good luck!
ACK!
"We can't do that - it's policy."
"Well, policies are made for reasons. If the reasons don't apply to my particular situation you should make an exception."
Remember, don't use this on the drones - use it on the managers. The drones may agree with you, but they don't set policy.
Posted by: Quixote on September 4, 2003 02:47 PMAgents,
Reality check:
I have been paid unfairly pretty much all my life. The first couple of years because it was the "industry standard" (minimum wage) and the remaining few because I aggressively negotiated an unfairly high rate. And now it is a known standard in the industry that I charge too much, but the phone rings nonetheless.
Absolutely you should stick up for yourself. Just be prepared to lose some "customers" along the way. Of course, as mentioned elsewhere, they are only customers if they are paying you, on time and in full.
BTW, thirty days is an arbitrary standard and not supported by law. What *is* supported is whatever terms you've agreed to with your customers. My contracts (and I'll be happy to send one along if you would like a template) say, "Pay upon receipt." This is echoed in the invoice.
I've also noticed that customers are more eager to pay if you hold back one last crucial element until the cheque clears. Once they have everything they need, they tend to disappear. Sometimes forever. So make sure you get paid. The only time(s) I've ever had a problem getting paid was when I trusted the customer and handed over the goods before they handed over the cash.
The funny upside is that this aggressiveness has generated a fair amount of respect from my customers. They joke about my fees, pay them, then ask if I have time to work on this next little project...
It's great if you can manage it.
Good luck, Agents!
Posted by: ch on September 4, 2003 05:33 PMWell.
I spent AN HOUR on the phone with my agent yesterday. I apologized for leaving such a terse message on her answering machine-- she said with amazement that I sounded like a prima donna, (which makes me MORE angry because whenever ANY actor complains about their treatment they sound like a prima donna whether they are or not) and that chagrined me.
However, we had a long conversation about this whole Industry Standard issue. And what it boils down to is this:
Yes. It IS the Industry Standard. And trying to change it is like trying to get the government to reduce the amount of income tax. It may be unfair, it may suck, but that's The Way It Is and nothing short of an Herculean effort by a vast majority of very dedicated, focussed people is going to cause change.
I'll point out the example of ACTRA. ACTRA (Association of Canadian Television and Radio Artists) is just such a group of dedicated, focussed people. They always get paid within 15 days.
And, in Calgary, nobody uses ACTRA. They just don't want to deal with them-- so they don't.
They DO employ non-union performers (like I now am), and pay them, seemingly, whenever they FEEL like it.
So what's the choice? Stand up for yourself and have them not hire you, or shut up and try to work as much as possible so that the money just keeps rolling in, despite its late arrival?
I DESPISE this situation. But there appears to not be too much I can do about it.
I could choose to forego having an agent. I could represent myself, and then it would be ME in control of the booking and the rate I negotiate and me who would be on the phone making sure I got paid on time.
But then, I wouldn't have the connections of someone who does the agent gig fulltime. I'd have to be a performer AND an agent and an accountant and a lawyer. Plus the fact that I'd have to be a go-getter every single day, burning up the phone lines with constant calls and searching the casting workbook online for every drab of information.
Not to mention trying to overcome the stigma of not having any representation.
No, Agents-- my agent (small a) has satisfied me (after double-checking both my perspective and my attitude with Mrs. M to see if I was being rational or needing a reality check) that she is doing everything she can to make sure the system doesn't shaft me (and her) too badly while at the same time maintaining as diplomatic a demeanor with these delinquents as possible.
She even once tried my idea of charging two percent interest on all amounts outstanding after thirty days. She got a note back saying "we don't pay interest-- drop this policy or we drop you."
What do you do? Well, you suck it up and keep working. Which is what I intend to do, as much as I would like to change the world.
I figure, the best revenge is to work MORE, and work HARDER, so the money snowballs. Because the more cheques I have coming in, the greater the chance that they'll be staggered enough so that I at least have the appearance of regular pay.
Now, if you'll excuse me, I've got to get ready for an audition I have today.
Posted by: Agent M on September 5, 2003 10:25 AMI really do feel for you, M. In fact, if I read between the lines, I have a feeling I work on the other side of the coin as that National Company you referred to.
Scary places, those national companies. These days, you're just as likely to walk in to get a pat on the back from a supervisor as you are to get your walking papers. And then find out that you're understaffed and that they have to hire more people at a lower wage (thus, making you first against the wall when the revolution comes).
But on the subject of industry standards...Company X has recently (in the past 2 or 3 months) instituted an automated billing system. Just like any other ISP in this fair country, a modem (or other digital device) can be turned off by the central database. The new billing system turns a modem off if a client hasn't paid by 30 days due. Which means, since we bill a month in advance, that people have approx. 60 days to pay their bills. Every night I work, I deal with customers who haven't paid their bills for 60 days or more, then call in wanting to know why their modem is turned off. I get the whole gamut...people who threaten me over the phone, people who start getting teary, people who apologize a lot, and the rare ones...people who offer to make a payment immediately because paying the bills slipped their minds and they're genuinely relieved it's such a simple issue to fix.
Those last ones are a relief to me. Because all my department is supposed to do is take credit card payments. We're not supposed to make billing arrangements. We're not the billing department.
But people yell at us constantly for turning them off, as if we sat there all night, going through user accounts and randomly turning them off (as if we had nothing better to do all night).
Now...if all these people trying to take Company X for a free ride for 60 to 90 months (and then trying to weasel out of paying for THAT...and yes, it does happen) wised up and paid their bills...then Company X wouldn't be paying THEIR bills in the 30-60-90 range, and I'm sure that the employees wouldn't be constantly paranoid that they were going to come to work and go home an hour later with layoff papers and a pep talk.
Of course, it's not that simple...if it were that simple, then the world would be a perfect place (and according to the commercials, we live in a world that is Far From Perfect). Here's hoping you get your money...and here's also hoping that our clients also wise up and give us ours. So we can give you yours sooner.
Posted by: Maire on September 5, 2003 11:07 AM...and people ask why I don't act full-time.
Well, the system sucks, don't it? What a BS way to do business. But I guess there ain't much you can do about it, short of re-joining the union. And we know the odds of that happening. ;)
Hang in there AgentM. Look at it this way.. yeah... it's taking forever to get paid. But at least you WILL get paid. If you were still part of that union, you wouldn't have gotten the job in the first place ... right? ;)
ACK!
Silver-Lining-Guy
That's true, and that's the reason I left the union. Yeah, I don't have its protection, but ACTRA can harp all it wants about how good it is for me; if I'm not working, then I'm just paying them dues to shaft me as well-- for being a barrier between myself and potential clients.
M
Posted by: Agent M on September 7, 2003 06:47 PMConsider yourself lucky you're getting paid at all.
At a company I used to work at, the standard procedure was not to pay accounts payable until the court documents for a lawsuit actually showed up at the door.
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