A New Negotiation:

Social Media and Talent Agreements

Importance of Social Media in Film and TV

• Current landscape: Beyoncé announces pregnancy with Instagram photo. Why is so important and why are film and TV companies paying attention.

Changing Marketing Landscape

• The Dark Night (2008)

• Deadpool (2016)

Benefits of Social Media

• From the company’s perspective:

• Direct marketing to specific built-in audiences

• Reduce marketing/advertising budgets

• Track views/hits

• From talent’s perspective:

• Increase followers/become more attractive to studios, networks and brands

• Endorsement deals

• Make more money

• Increase visibility to public

• Verified followers?

Social Media Obligations in TV Actor Deals

• Previously: social media silent

• Currently:

• Expanded TV clause that includes social media obligations and mandatory appearances at events such as Comicon.

• Even if not contractual, studios/networks highly encourage posting during initial airing of each show.

• Availability: Required, specific services vs. “prior contractual commitments in the entertainment industry”.

• Publicity compensation/bonuses?

Social Media Obligations in Studio Actor Deals

• Previously: social media silent

• Current clause:

• Similar to TV actor deals but with shorter life span

• Limit to initial theatrical release

Publicity obligations vs Confidentiality restrictions

• Timing is everything

Social Media in TV writer/EP deals

• New “enhanced materials” clauses.

Transmedia / Online Endorsement Deals

• Basic deal terms:

• Guaranteed fee and term

• On camera services

• Commercials

• Scripted short films/videos

• Behind the scenes filming

• Personal appearances (e.g., Festivals, Car dealership events)

Transmedia Deals/Online Endorsement Deals

• Social media obligations• Interviews, caps on amount and length

• Live social media (e.g., 1 video interview and 1 twitter interview)

• Personal social platforms: Ex. 4 tweets, 2 Instagram posts, 1 Facebook post on talent’s social channels to promote the project. Contents and product message of each social media post shall be mutually approved.

• Photo Session (including interview questions): Ex. Available for up to 2 hour for editorial photo shoot with social influencers

• On-site Interviews to build supporting micro-stories used to attract audience and link back to experience.

• Media appearances: Ex. Allow up to 2 mutually approved media outlines into rehearsal date and conduct on-camera interviews to tease and promote behind-the-scenes experience. Allow photographer to access media appearances and use event approved event images at Company-sponsored events for the project.

• Company’s social platforms:

• Ex. 1 Facebook post and minimum of 2 mutually approved directed tweets from Company social channels to promote the project

• Company’s ability to white list tweets

FTC’s Guides Concerning the Use of Endorsements and

Testimonials in Advertising

• Requires that promotional statements made by Artist about Company, its products and its programs in social media must be truthful and accurate and must disclose the existence of a material connection between Artist on the one hand, and Company, on the other, in circumstances where that connection might not be obvious to readers, either by including language that reasonable readers would understand to mean that the parties are affiliated, or through other customarily accepted methods (such as the use of “#pd”, “#spon”, or “#ad” at the end of a Tweet, post or other message). For clarity, Artist shall provide Company with legally compliant tweets, posts and other public messages or content prior to posting or distribution so that Company has the right to review and approve all messages prior to dissemination.

Approvals & Consultations

• Name/Voice/Likeness/Bio approvals

• Publicity stills and number of passes

• Behind-the-scenes and blooper photos and videos

• Merchandising or commercial tie-ins

Where are we headed?

• Are influencers the new celebrities?

• “Laid in America”

Q & APresenters:

Mark A. Johnson, Esq.

Behr Abramson Levy, LLP

MJ@BALENTLAW.COM

April Perroni

Paradigm Agency

Aperroni@paradigmagency.com