Spanish Language Commercials
Are there any differences between Spanish language and English language commercials in regards to the minimum session fees or working conditions?
No, the minimum session fees and all working conditions for Spanish language commercials are exactly the same as English language commercials. All provisions of the contract apply. In addition, if the producer wishes to also hold the Spanish language performer exclusive to the advertised product in the English language market, an additional 50% of session and use is paid to the performer.
What are the differences between Spanish language and English language residuals?
For Class A or program use residuals, Spanish language performers receive a per cycle payment rather than a “pay-per-play” structure. The four major Spanish language networks, Galavision, Telemundo, Univision, and Telefutura are either paid as program use or Wild Spot, depending on the media buy. For Wild Spot residuals, the television markets are weighted differently than in the English language market to account for the cities with large Hispanic populations. For example, Miami has a unit weight of 4 for the English market and a unit weight of 17 for the Spanish market. All cable use payments for Spanish language commercials are identical to English language commercials.
Are there any differences between Spanish language and English language commercials in how Internet and New Media residuals are calculated?
No, for Spanish language commercials exhibited on the Internet and New Media, the residual payments are identical to English language commercials (see pages 4 & 5).
How is foreign use paid on a Spanish language commercial?
For use in South America and/or Central America and/or Mexico, 4 session fees are due. For use in the Caribbean and/or Puerto Rico, 3 session fees are due. If the producer elects to exhibit the commercial in any country in South America, Central America and/or Mexico IN ADDITION TO any country in the Caribbean and/or Puerto Rico, a total of 4 session fees are due. For use in countries outside of those listed, the residual payments would be the same as an English language commercial (UK: 3 session fees; Europe: 2 session fees; Japan: 1 session fee; Asian-Pacific countries: 1 session fee; and anywhere else: 1 session fee). For use throughout the entire world, 8 session fees are due. Session and holding fees cannot be credited against foreign use.
How are performers paid when the producer makes a Spanish language commercial from an English language commercial?
If the commercial is filmed twice, performers receive two separate session fees and the commercials are considered separate spots for residual purposes. If the commercial isn’t filmed twice and only the voice-over changes, the on-camera performers receive one session fee and one set of residuals.
If performers are asked to translate the script at a session or an audition, do they get paid more?
Yes, an additional 50% of session is paid to any performer asked to provide translation services.
Does SAG monitor the payments for Spanish language commercials?
Yes, all checks for Spanish language commercials are sent to the Guild for verification before distribution to the performers. That way, the Guild can file claims for late or improper pay immediately.
