Updates to the standard Equity TVC contract have been finalised after six months of negotiations between MEAA and representatives of the industry, producers, performer agents, Talentpay, Commercial Producers Council, the Casting Guild, and the Advertising Council.
Changes include reduced contract periods, simplified rollovers, higher cancellation fees, and greater AI and digital media protections.
The updates were made with the intention of simplifying the agreement and improving conditions and protections for performers. As market rates are well above the minimum wages in the Award they are not included in the standard contract at this time.
Download the new template here.
| Previous standard contract (2010) | New standard contract (2024) | |
| Maximum term | 3 years plus 3-year option | 3 years. Any further use needs to be separately negotiated in a new contract. |
| Initial period and Rollovers | Up to 3 years | Up to 12 months. The initial period can be rolled over twice (eg. one month can be rolled over twice to a total of 3 months; a one-year initial period can be rolled over twice to a total three years). |
| Cancellation fee | 50% of the original performer fee, capped at $500 | 50% of the original performer fee uncapped |
| Payment | 7 days after the first Saturday after the work is performed | 10 working days after the work is performed |
| Artificial intelligence (AI) | No provision addressing AI | Use of work is limited to the agreed production and consent is required for any AI related use or digital replicas |
| Digital media | No provision addressing digital media | Outlines allowable use on client website/social media. Material will be taken down at Performer request where legitimate commercial reason. |
| Dubbing | Allowed as long as it did not lower the professional standing of the performer | Allowed in another language with the professional standing proviso, or, if in English, only with consent and approval of the performer |
First on Air/Transmission Date
First on Air/Transmission date is sometimes put into contracts to extend the period the client has to use the TVC and is intended to allow for post-production before a TVC is used. MEAA recommends that this should not be included, so the period starts from when the work is performed, and if it is included it should be minimal. A standard approach could not be agreed across all parties, so this will remain as per the contract terms and as negotiated by performers or their agents.
Superannuation
While there was consensus on the standard industry practice that superannuation is paid on initial contracted fee inclusive of rollovers as a minimum, there was no agreement across all parties about payment of superannuation on subsequent rollovers. MEAA recommends that payment of super on contracted an all subsequent rollovers should be negotiated into every deal to support performers’ retirement incomes. MEAA is continuing discussion with the ATO about this issue. Until this is resolved, it remains a point to be negotiated by performers or their agents.
