Shooting a TV ad? Read the small print!

In recent months Equity has noticed a rise in productions seeking additional terms that are unreasonable and unfair.

If you are working on an Australian television commercial Equity recommends you insist on only using an Equity Standard Contract. This limits usage of the television commercial and provides for roll over fees.

Three unreasonable clauses to look out for:

1.Actor warranties which provide that an actor must disclose any matters and circumstances such as “criminal history”, “scandalous conduct” and “acts or omissions whether carried out in person, or on the internet or any social media”. Equity considers such warranties to be overly intrusive, unnecessary and unreasonable.

2.Clauses that provide that an actor must indemnify a producer for losses caused as a result of any breach of a warranty or term of the contract or any negligence by the actor. Such clauses are completely unnecessary and could expose an actor to the risk of litigation and being liable for large sums of money.

3.Any clauses that seek usage rights in perpetuity. If usage of a television commercial is not limited it can remain on air or on the internet forever - limiting a performer’s ability to obtain work in other television commercials advertising similar products and services.

If you have any questions or concerns about your contracts please contact MEAA Member Central on 1300 65 65 13.