Agent vs Manager

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  • Agent vs Manager

    Is there a pro or con to either other then the fact that you have to give away an additional 10% to a manager?
    Thanks

  • #2
    I just signed with a manager and his enthusiasm, as well as his eagerness to get my piece in as many agents' hands as possible, has made a big difference to me. Right now I think it's worth the 10%. Ten years from now, maybe not.

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    • #3
      Difference? You bet!

      And it's these differences that is leading to a complete overhaul of how business in done in Hollywood. The issues are too many and complicated to deal with here, but here are a few:

      - Managers are not subject to regulation by the guilds... yet.
      - Agents are regulated by the state of California. These same regulations supposedly restrict managers from procuring work or negotiating contracts. This is rarely enforced.
      - Agents cannot, by law, take more than 10%, while managers can take whatever their clients will permit.
      - Agents are franchised by the guilds, except for SAG, whose franchise agreement with the ATA (Assoc. of Talent Agencies) has expired and a new one was rejected by the membership.
      - Agents cannot have any financial interest in their clients' work.

      And the list goes on. In spite of these many differences, the mechanism is essentially the same, although the guilds are planning some radical changes. Stay tuned...

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      • #4
        Re: Difference? You bet!

        Jake - I'm curious re: your comment:

        "I just signed with a manager and his enthusiasm, as well as his eagerness to get my piece in as many agents' hands as possible. . . "

        Did your manager fall in love with your script or with your writing? (or in other words, is he helping you develop your material in any way?)

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        • #5
          why a manager

          I heard somebody from UTA (Marty Bowen, perhaps?) in Austin a few years ago. He said that they recommend a manager when somebody's career is in transition and they need an extra boost, extra attention.

          The examples of "in transition" included "trying to break in with the first sale," "changing from tv to features or vice versa," "changing genres when you've been pigeon-holed," etc.

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          • #6
            Jake,
            If you don't mind my asking, who did you sign with and do you have an e-mail address for them?
            thanks

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            • #7
              phatgirl: I cold-queried a number of agents and managers and he was one of many who responded. I got a call about three weeks later telling me they loved the script, and then a conference call was set-up for a few days after that. They're interested, really, in the shape of a writer's career, and in understanding how the writer sees himself (i.e. is he a big studio writer with a feel for blockbusters, or someone more inclined to write independent movies). I get notes from them, of course. I like the fact that they're proactive and keep in touch regularly.

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              • #8
                Jake -- how long have you been with your managers? Have they gotten you meetings with the big studios and production companies in LA?

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                • #9
                  Just under a month. The meetings will be set up for early summer.

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                  • #10
                    I'm coming to understand that the 'procurement of work' is viewed differently for a screenwriter (spec sale) than it is for a tv writer. A manager can broker a spec deal b/c it's a one time thing, but other work that is repetitive in nature would definitely need an agent. This is a grey area, but it outlines a scenario in which you can make a sale with a manager and not an agent, yes?

                    theturnaround

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                    • #11
                      Mangers cannot negotiate contracts. They may (in a backroom sort of way) negotiate terms, but either a lawyer or agent is needed for the contract. I know this carries for Television and I believe it is also true for features. WGA franchised companies, of course.

                      Agents can, in fact, have a financial piece of production already. It's in the form of packaging for Television. If, however, an Agent packages a TV series, then you aren't required to pay them a commission as they already get a packaging fee from the Studio/Network and it would be considered a conflict of interest (one of the few that is enforced in this business). However, expect the same problem that hit SAG recently to eventually hit the WGA and DGA.

                      You have no protection from Managers.
                      You have Guild protection with Agents.

                      If you're screwed by a Manager, you only have state labor and business laws to back you up. Which means civil court, if you can afford it.

                      If you're screwed by a franchised Agent, the Guild will take on the Agent on your behalf.

                      Agents cannot have a financial stake as an entity of the production company (packaging excluded as mentioned above).
                      Managers have no such restrictions.

                      Managers can (and often do) demand producing credit on projects. Which means that the Manager can turn a negotiation on your behalf into one on his behalf.

                      Agents cannot do this.

                      So what are the advantages of going with a Manager? If you believe the P.R., Managers can offer all the things that Agents promise to offer. Managers say they will work with you to take you to the next level and beyond. Agents say that too. Managers say they will only work with a small core of clients so they aren't too diffuse. Agents will tell you that, too. Managers say they will work out a strategy for your career. Agents promise that, too. Managers are only as good as their word. Same with Agents.

                      At the moment, Writers have a history of frustration with Agents that Managers don't have... yet. Give it time, though, and I think most people will discover that there is NO inherent difference between the promises of a Manager and an Agent. It will always come down to the individual and what that particular person can do for you.

                      If you do go with a Manager, make sure you understand the terms of the contract fully and the repercussions. Don't take any Manager's good intentions at face value, get it in writing. Read the contract and imagine its enforcement in the WORST circumstances (i.e. the Manager refuses to work for you but still demands 15% of all your gross profits in perpetuity as per your contract) and imagine that it will happen. See if you can deal with it.

                      And, no, saying "it's worth it if it gives me my break" doesn't cut it as an excuse.

                      I'm not a real fan of either. If you can get by with just a Lawyer negotiating your contracts, you should do it. But even at my level, I still have an Agent.

                      ZODITCH
                      (the artist formerly known as steve)

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                      • #12
                        My manager charges 10%. He's a former entertainment attorney, and he made it clear from the start that I should have both an agent and an attorney, as well.

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                        • #13
                          May I ask who your manager is and what he has done for you thus far?

                          Thanks

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                          • #14
                            Jake -- I know you probably won't tell us, but I also am curious who your manager is. Because I can count on one hand the number of lit managers that really mean anything and have clout in this town.

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                            • #15
                              Crash-

                              Only five lit. managers with sufficient clout? Were you exaggerating for illustrative purposes or were you serious? I've been speaking to a couple, I'd like to hear who the five are if you don't mind naming them.

                              Thank you,

                              theturnaround

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