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FAQ's Q. I did a gig for an agent and haven't been paid yet; that was 6 weeks ago. What should I do? A. Assuming you have forwarded your invoice to the agent and followed them up for the payment, contact them again to find out if there's a problem you're not aware of - they might not have been paid by the venue yet. If they keep fobbing you off, send them a 'letter of demand' which clearly outlines the details of the gig - date, the venue and the fee you are owed. Send it via email (with a 'read receipt request') and follow up with a copy via snail mail, sent via registered post with a delivery confirmation (your local post office will know what this is). In the letter of demand, clearly state the terms of payment you will accept (a deposit / part payment or payment in full) and the time frame that you want it finalised. It is important to note that if you call a bluff that you will take them to court if they don't pay, you might just have to (worst case scenario). You can find information and a sample of a letter of demand on the Arts Law website or by clicking here for a direct link. As a note; agents are required by law to disburse "as directed by the performer within such time as may be determined by the Council (but not exceeding 14 days) after the performer becomes entitled to receive the money" (as per Industrial Relations). In other words, once an agent receives the funds from the venue for your gig, they MUST disburse it to you, as you have requested within 14 days. Q. Will sending a letter of demand to an agent cause me problems getting gigs from them in future? A. Its unfortunately, highly likely. Some agents are more concerned about their image and their commission than they are about your career. Your sending them a letter of demand may negatively impact your relationship. Put it this way though - if the agent is breaching the law by withholding payment from you in the first place, do you really want to do further work with them so you can have the same problems in the future? Q. My agent / manager won't tell me their licence number; should I work for them? A. If you feel uncomfortable asking your agent / manager for their licence number, call NSW IR (Industrial Relations) branch on 131 628 to find out if they have one. They'll be able to tell you on the spot what the licence number is or if they're trading illegally. Q. My agent / manager isn't licensed, does it matter? A. There is only one answer for this.... YES! Check the page on "Reasons to keep licensing" for further information but in short:- If an agent or manager is charging you a fee for finding you work and isn't licensed, they are taking money from you illegally. Q. My agent wants to charge me more than 10% commission A. Firstly, if you signed an agency agreement which stated the commission rate above the legislated 10% (to which you agreed), then you should try renegotiating the fee with them. If you did not sign or agree to pay a rate higher than 10%, or it was never mentioned to you, then you need to discuss it with them as possible! If you don't feel comfortable with that, then you have choices, including lodging a complaint with NSWIR.
If you know that your situation warrants a complaint, click here. It is after all, your Industry and career!
It's all about the music man... |
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