Do actors in commercials have the right to refuse to act out a script?

Cafe Society
61

Oh, cool. I guess you could argue that it’s thematically germane to the subtext of the show. So that was the recent live-action series that started on CBS and moved to cable?

Interesting, sounds like you work in proximity to entertainment law. So there’s no limit other than safety? Like if the Matthew McConaughey ads do some kind of reboot at some point to “freshen up” the campaign and they shift from being about how cool he is, to putting him in costumes and makeup that make him look like a total dork and the butt of the joke? Or what if an actor who is overweight is asked to appear in a swimsuit or tight, ill-fitting clothes and be mocked? I’m surprised anyone with a decent established reputation doesn’t have a clause allowing them to refuse anything that’s bad for their brand.

62

I’m afraid I don’t have enough expertise to know exactly where the line is, I just used that as an example of where it is obvious that the actor was in the right. I agree that anyone whose brand is important enough where they wouldn’t want to be the butt of a commercial is extremely likely to have a good enough agent that it would be in the contract.

63

Cool, makes sense.

64

No, it moved to CBS’s sister network, the CW, which broadcasts over the air.

65

Ah, okay. My daughter watches it on Netflix.

66

He may be dressed as a Maytag repairman, but he is actually playing the appliances themselves.

67

She (the female President on Supergirl) was played by Lynda Carter. That is, Wonder Woman. So it was certainly a nod to an earlier superheroine show. But within the story, no one made too big a deal that the President was a woman.

There was something about her that was a big deal, but I won’t spoil it.

68

Like Taber said, an actor with a brand is going to get more information on what the part is, and can decide whether or not to take it. As for being made up to look ugly, compare the head shots of actors and actresses who play ugly with their roles. You’ll see many “ugly” actresses are actually beautiful. Overweight actors are quite aware of what they look like. Actors are good at separating the role from themselves. As long as they’re getting paid.Otherwise they wouldn’t be in the business.

69

Ah, nice Easter egg!

70

I’m not quite what this thread has morphed into - but to get back to the OP - I’ve been in Marketing for many years and been involved with many commercial shoots.

@Voyager & @Taber are basically bang on.

Normally the process is that the company works with their ad agency to develop all the detailed ad content: location, script, costumes, tonality (funny, serious etc), as well as types of actors required to play the roles.

If the role is generic, i.e: “attractive 25-30 y/o black female” they are recruited from a local casting agency. We’d usually get a list of 20 or 30 actors that matched our criteria and select the one with thought was best. In that case the actor and their representative have no input into the ad. “Here’s the ad, it will take 1 day to shoot. Here’s what they’ll pay you. Do you want the role?”

On the day of the shoot, if the actor unilaterally decides not to do any part of the role (script, costume etc) they and their agency are fully responsible for all costs incurred as a result of their decision. This could include location, crew fees etc.

During the shoot itself, after they’ve completed the scripted ad, they may be given latitude by the director to do some variations for creative purposes, but that’s about it.

When using an “A-lister” like Matthew McConaughey, if he agreed to the proposed ad, he’d likely ask for and get a lot more creative input into the ad itself, both in advance and on the day of the shoot.

Obviously the actors level of input would vary depending on their star power and their advance contractual demands.

On the day of the shoot, if the company surprised him and asked him to wear a pink ballerina outfit that was not part of their agreed-to contract, he’d be within his rights to refuse but he’d still be obligated to do whatever he’d contractually agreed-to. If he walked off the set in a huff, he’d still be liable for any damages incurred as a result of him walking off.

71

Interesting! So how do you see it going with someone who’s somewhere in between, as in the OP? He’s not an A-lister, but he’s not just a random hired actor either. He had a very high profile TV role, and he’s been the spokesman for this insurance company for a number of years now, with the commercials starting out with a more serious tone.

72

You mean like this one, which first aired in 2003?

73

Yes, I would say so. Before watching, I wondered if I had totally missed something from the early run. But no: he is a serious, commanding, almost stern, presence there. He’s faintly raising an eyebrow at the stupid things people sometimes do–he’s not the one doing anything dumb, he’s not the butt of the joke.

74

I’s say someone like him ( a relatively well known TV actor) would have some weight in terms of what he could ask for and get, but the company and their agency would likely have a slate of similar alternative actors that could also do the role.

There are lots of serious looking and sounding handsome black actors out there, so he’d be somewhat limited in terms of creative input. His big negotiation leverage would be for money based on his level of fame.

I think it’s only A-listers that get any leeway creatively, but that’s part of the reason you want them and why you’re paying them.

I only ever did a couple ads with “well known” actors. They were one offs and in each case our ad agency presented us with a ranked list of actors they thought would be appropriate for the role. We took some off and added some of our own and then went after the actors in the order we ranked them.

They didn’t have much latitude with us since if they asked for more that we planned to give (both creatively or financially) we’d just go to the next on the list.

75

So you’re a casting director? A job with a very underrated importance (by the general public, I mean: I’m sure people in the industry know how important it is).

76

Not a casting director, I was in consumer product marketing for a long time.

The simplified version of the ad process is: Marketing decides that to hit their sales objectives they need to advertise a brand or product (i.e.: create awareness among the target market of the product and its features and benefits).

We decide what the “strategy & objectives” of the ad will be and what the budget is. We then work with our ad agency to determine the best way within our budget to accomplish those objectives. If it’s TV advertising then the process I described above kicks in.

77

Cool.

78

Wow, you’ve been on shoots that finished early enough to offer any chance or variations? I’m impressed.
The first one my daughter did, all kids, the union rep came in and proclaimed “there will be no overtime on this set!” As soon as she left the experienced mothers cracked up. Much cheaper to pay the penalty than shoot another day.

As for dealing with sudden changes, an experienced actor would call his or her agent or manager, and let them negotiate. Who could either tell the actor do it or maybe negotiate some extra money.
Our daughter’s manager told us never to sign anything without talking to her first. We got some extra money that way. Much cheaper for the production company to pay the actor a bonus rather than shut down while they argue or worse, try to get a replacement.

79

Interesting! Got YouTube links to any of these commercials?

80

Way too old for that. Her first was a Hess Toy Truck commercial for 1990 I think, that ran only two days. Hess sold trucks starting the day after Thanksgiving and they sold out real quickly. Not a good residual commercial.