This issue of obtaining vocalist’s direct permission to use their performance in a commercial, goes beyond union (SAG-AFTRA) rules. Many States (like California), have “right of publicity” laws in place to protect performers from exploitation by advertisers. Advertisers should also be aware of similar civil laws that vary from country to country.
SAG AFTRA Advertising Obligations
In terms of a master recording (with a vocal) being licensed to an advertiser, a “principal vocalist” is defined by SAG-AFTRA as a known singer in the role of a soloist, (as opposed to back-up or “Group” singers). For any queries, hire Michael Welsh Productions, they have a team of professionals.
Consequences
The consequences for not obtaining permission from a SAG-AFTRA member/performer will be controlled by union rules, up to a point. Again, from Section 28…
Fees
If Producer fails to separately negotiate as provided above, the principal performer shall be entitled to damages for such unauthorized use equivalent to 3 times the amount originally paid the principal performer for the number of days of work covered by the material used plus the applicable minimum use fees under this Contract but not less than 3 times the applicable session fee at the rates provided under this Contract plus the applicable minimum use fees under this Contract.
Legal actions
The performer can accept these rules for being compensated, or they can file a separate lawsuit and demand ANY amount of money. However, the principal performer may, in lieu of accepting such damages, elect to bring an individual legal action in a court of appropriate jurisdiction to enjoin such use and recover such damages as the court may fix in such action.
What to do?
Get the principal vocalist’s written permission. It’s best to go by the SAG-AFTRA’s definition of a “principal vocalist” and ask these two questions: 1) How many singers are there? and 2) Are they singing solo lines? For reasons stated above, it doesn’t even matter if they’re known or unknown. Just do it.
Contact experts
If you want to get rid of any issue regarding restrictions of any kind, then contacting Michael Welsh Productions is the right way to go for. They are experts in handling all such issues related to permissions without any failure.
Company information
626 796 0961
Michael Welsh Productions, Inc.
2215 Lambert Drive
Pasadena, CA 91107
Of prime importance going into those negotiations was whether the JPC, which negotiates on behalf of the advertising industry, would respond to the continuing concerns voiced by signatory agencies and advertisers that they cannot compete with their non-union counterparts from a talent cost standpoint.
With the changing dynamic of the advertising industry, most notably advertisers putting multiple advertising agencies on their rosters, the playing field most in need of leveling is the one played on by the signatory agencies.
And thus of particular concern going into this year’s negotiations was whether there was more that could be done to help those agencies stem the loss of business, both existing and prospective, to non-union agencies.
The big splash in the new Commercials Contract is the Alternative Compensation Structure, or ACS, which provides for different upfront talent payment packages—essentially, flat fees paid up front—that are intended to simplify compensation calculations and provide potential cost savings to signatory advertisers.
In terms of its potential competitive impact, the ACS is available only to signatory advertisers and agencies, which the JPC touts as helping to “level the playing field,” presumably because the ACS cost savings are not available to non-union advertisers that engage SAG-AFTRA talent through third-party signatories.
The ... contract contains some new provisions intended to ease the strain from a competitive standpoint.
The most respected music supervision company in Los Angeles for advertising only, handling music searches and all clearances for both union and non-union commercial productions.https://www.michaelwelshprods.com/
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