1. Mini Law Lesson: Do You Have to Worry About SAG When Making a Video for YouTube, Facebook or Vine ? Brian Heidelberger bheidelb@winston.com Info @ www.winston.com/bheidelberger

2. IMPORTANT DISCLAIMER I am not your attorney. This is not legal advice. But you can still wish me a Happy Birthday! 2

3. What is the SAG Commercials Contract SAG = Performers' union Contract = Establish levels of compensation, benefits, and working conditions for its performers; collect compensation 3

4. It Applies Only to “Commercials” 3 minutes or less in length, and intended for showing over television or new media. include any narration, dialogue, songs, jingles or other matter which depict or mention the advertiser's name, product or service. include program openings and closings which mention the advertiser's name product or services. over 3 minutes in length shall be subject to separate negotiations. short advertising messages intended for Internet which would be treated as commercials if on TV. 4

5. Is a Web Video a “Commercial” Goes back to definition of “commercial” “Look and feel” Issue SAG takes broad interpretation Just Because they think it is, doesn’t mean it is 5

6. It Applies Only to Signatories If either the advertiser or the agency producing the commercial is a signatory. 6

7. If it Does Apply - Hiring You can hire SAG or Non-SAG Talent as principal performers But if you hire Non-SAG you will be subjec to a fine (under $1,000) 7

8. If it Does Apply - Payment All principal performers must receive union minimum wages  Session  Usage  Pension and Health Where a performer cannot accept payment, application must be made to the union of wavier to payment to union charity fund. 8

9. If it Does Apply – Music Must separately negotiate compensation with identifiable singers in music used in commercials that was originally recorded under an AFTRA contract and then used in a commercial  Even if you have a music license; and  Compensation negotiated cannot be less than scale. 9

10. If it Does Apply - Penalties Disputes Generally  May be submitted to Union Standing Committee  Failing resolution, all disputes must be settled via arbitration Monetary  Employment of non-union performer in “commercial”  Interest and Late Fees  P&H (Welfare) 10

11. If it Doesn’t Apply You can pay whatever you want for talent  Even $1 But SAG talent can’t work for you 11

12. More Mini Law Lessons? Youtube.com/AdAge or Youtube.com/BrianHeidelberger 12

13. Follow Me on Twitter @briheidelberger 13