December 15, 2022: This Alert is to advise you of two important issues regarding your commercials that may put you into financial and/or legal jeopardy with ACTRA.
1. Unauthorized Transfer of Rights or use of Commercials
Attached please find a letter from Marie Kelly, National Executive Director for ACTRA National concerning the potential unauthorized transfer of rights to a commercial. The letter seeks to inform advertisers that some advertising agencies, that are locking out ACTRA Performers, may be placing advertisers at risk as those agencies are seeking to bring commercials covered by the National Commercial Agreement (NCA) out of dormancy through the use of an unauthorized transfer of rights. ACTRA expresses concern that these actions are potentially placing advertisers in a position of liability by using a Performers image without approval.
2. Agencies Failing to Recognize a 2% Increase
Grievances against agencies are regularly being filed for failing to acknowledge and remit a 2% increase on residual fees for renewed cycles. While these grievances are being filed against the agency, consequences of non-compliance to this increase may result in the withdrawal of a performer’s agreement to use them in your ad, which could result in the ad being requested to be pulled.
What you should do?
1. Speak with your agency and ensure your agency is not engaging in either of these practices.
2. If your agency is not remitting the 2% increase on residuals, have them do it immediately.
3. Ask your agency if they have received any grievances for any of your brands and if they have, request that they are dealt with immediately.
ACTRA Negotiations & ACA Priorities
The Association of Canadian Advertisers (ACA) acts on behalf of Canadian advertisers to negotiate the National Television and Radio Commercial Agreement (NCR) with the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), which covers talent payment and working condition details for performers in broadcast and digital commercials in English Canada.
In April 2022, the ACA and ACTRA agreed to a new agreement that provides stability to the industry for the next year.
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(June 2, 2022) A2C and Quebec Agencies to participate in the ACTRA – ACA agreement
(May 3, 2022) ACA Board Ratifies ACTRA Agreement
(April 26, 2022) ACA and ACTRA reach agreement on new agreement
(March 31, 2022) FAQs: ACTRA – ICA/ACA – NATIONAL COMMERCIAL AGREEMENT
(March 28, 2022) URGENT: ACTRA negotiations postponed
(March 25, 2022) URGENT ACTRA Negotiations Update
(March 10, 2022) Important ACTRA Negotiations Update
TORONTO (May 3, 2022) ACA Board Ratifies ACTRA Agreement
TORONTO (April 26, 2022) The Association of Canadian Advertisers and ACTRA reach agreement on a new agreement
TORONTO (May 1, 2017) ACA And ACTRA Join Appeal Of CRTC’s Super Bowl Ruling
TORONTO (July 28, 2014) ACTRA and Canadian ad industry reach tentative settlement