Talent Deal Negotiation Playbooks
Clause-by-clause guidance with negotiation levers and fallback language. Educational resource—verify with counsel and applicable union/guild rules.
Replace bracketed language with your preferred clauses and jurisdiction-specific notes. Use this as a printable working sheet during negotiations.
A. Key Definitions
Term, Territory, Media
Term: duration of rights; consider limited vs. perpetual and renewal mechanisms.
Territory: specify countries/regions; “Worldwide” vs. limited territories with step-ups.
Media: define “All Media now known or hereafter devised” vs. enumerated media.
Exclusivity & Approvals
Exclusivity: scope, duration, carve-outs, and non-compete windows.
Approvals: creative approvals (wardrobe, hair/makeup, script changes, final cut) and objective standards.
B. Clause Playbooks (Talent vs. Producer)
| Clause | Talent Position | Producer Position |
|---|---|---|
| Compensation Fees, schedule, bonuses, per diem | – Front-end fee with milestone payments (signing/start/wrap). – Overtime, night premiums, travel day compensation. – Box office/streaming performance bonuses; backend participation. – Kill fee and late payment interest. | – Fee tied to services delivered; cap on premiums. – Travel/per diem per company policy; coach vs. business class rules. – Performance bonuses only on defined KPIs; backend contingent on recoupment waterfall. – Net-30 payment with invoicing requirements. |
| Exclusivity Conflicts, holdbacks | – Narrow exclusivity during principal photography only. – Carve-outs for press, charity, pre-existing commitments. – No category-wide restrictions without premium. | – Exclusivity for shoot + reasonable padding for rehearsals/reshoots. – Conflict disclosure and approval rights. – Category limitations for competing campaigns during marketing window. |
| Approvals & Consultation Wardrobe, hair/makeup, script | – Meaningful consultation; approval for sensitive content (nudity/intimacy). – Right to review key stills and promotional materials featuring Talent. | – Final creative control reserved to Producer/Network. – Good-faith consultation timelines; no injunctive relief for credit/approvals. |
| Credits Placement, size, MFN | – Above-title or single-card where warranted; MFN with comparable cast. – Paid ads credit where practicable; end-crawl formatting locked. | – Credit per network/platform specs; no paid-ad credit obligation. – No injunctive relief; cure via monetary remedy in case of breach. |
| Usage & Media Advertising, promos | – Separate consent/fee for commercial endorsements and paid advertising. – Limit promo use to project-related materials; no unrelated brand tie-ins. | – Broad rights for publicity and promotion of the project across media. – Separate agreements only for third-party brand endorsements. |
| Morals & Conduct | – Objective standards; cure opportunity; proportional remedies. – No termination for unsubstantiated allegations. | – Termination right for conduct causing material reputational harm. – Take-down/edit rights for affected materials. |
| AI / Digital Replica | – Written consent for scanning and replicas; purpose-limited use; compensation; retention/deletion schedule. – No training data use without express consent. | – Limited right to create/use replicas strictly for project deliverables. – Security and access controls; no off-project reuse without new consent. |
| Travel & Safety | – Business class for flights > [X] hours; daily per diem; safe lodging standards. – Right to refuse hazardous stunts without trained supervision. | – Travel class per policy; per diem capped; reasonable lodging. – Safety per industry bulletins; stunts handled by coordinator and doubles where needed. |
| Dispute Resolution | – Mediation first; forum convenient to Talent; prevailing-party fees if Talent prevails. – Injunctive relief for misuse of likeness. | – Arbitration confidential; venue near Producer; limit fee-shifting. – No injunctive relief for credit/placement disputes. |
C. Negotiation Levers & Fallback Language
Levers
- Exclusivity window length and scope (geography, category, channels).
- Promo/advertising consent vs. project publicity carve-outs.
- Credit placement, MFN scope (comparable roles), and paid-ad mentions.
- Bonuses: box office tiers, streamer performance metrics, award nominations.
- AI/replica consent, scope, retention period, and audit rights.
Sample Fallbacks (Illustrative)
Replace bracketed terms and align with governing law/union rules.
Exclusivity (Fallback)
Exclusivity shall apply from [X days] prior to principal photography through [X days] after completion of Talent’s services, limited to on-camera services in “[Project Title]”. Carve-outs: pre-existing commitments disclosed in writing and routine press/charity appearances.
Promo Consent (Fallback)
Producer may use Talent’s name, voice, and likeness solely to promote the Project in customary publicity. Any separate commercial endorsement or third-party advertising use requires Talent’s prior written consent and a separate agreement.
AI / Replica (Fallback)
Producer shall not create or use any digital replica or scanned representation of Talent without prior written consent specifying scope, media, duration, storage, security, and compensation. No training-data use or reuse beyond the Project without new consent.
D. Risk Indicators
- Red Flag Perpetual, worldwide, all-media advertising rights without additional consent/fee.
- Red Flag Morals clause with subjective standards and no cure opportunity.
- Caution MFN clauses tied to non-comparable roles; clarify scope and comparators.
- Caution Vague approval language; add objective timelines and standards.
- Positive Clear bonus triggers and transparent waterfall for backend participations.
E. Credit & Publicity Matrix
| Item | Talent Ask | Producer Offer | Status/Notes |
|---|---|---|---|
| Main Titles | Single-card above-title | Shared-card main title | [Notes] |
| Paid Advertising | Credit in paid ads where practicable | No paid-ad obligation | [Notes] |
| Promo Approvals | Review key art/stills | Consultation only | [Notes] |
F. Deal Summary (For Mark‑Up)
| Term | Territory | Media | Fee | Bonuses | Exclusivity | Approvals | AI/Replica |
|---|---|---|---|---|---|---|---|
| [ ] | [ ] | [ ] | [ ] | [ ] | [ ] | [ ] | [ ] |
Special Conditions / Side Letters
[Draft any side letters or conditional approvals here]
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“Talent Deal Negotiation Playbooks,” [Publisher/Organization], last updated [YYYY‑MM‑DD], [Canonical URL].
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“Talent Deal Negotiation Playbooks,” [Publisher/Organization], last updated [YYYY‑MM‑DD], [Canonical URL].
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This playbook is an educational aid and does not constitute legal advice. Deal terms vary by project, jurisdiction, union/guild rules, and bargaining power.