A Rotten Tomato Grows in NJ? – Talent ‘Agent’ Requires Upfront Registration Fee

Exit 13 on the New Jersey Turnpike isn’t the only source for a rotten smell in the Garden State… A New Jersey modeling and talent services organization offers the potential for talent representation partly dependent upon a fee.

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Exit 13 on the New Jersey Turnpike isn’t the only source for a rotten smell in the Garden State… And New Jersey Consumer Affairs, via Superior Court rulings, have in the past fined in the 6-figure range some deceptive NJ talent representatives to clean up their stench.

Talent representatives in New Jersey are governed by New Jersey Employment and Personnel Services code NJSA 34:8‐43 et seq and NJSA 56:8‐1 et seq.

Section 34:8‐51: Requirements, section b, paragraph 6 of the New Jersey statute states:

“ b.   In addition to the requirements set forth in subsection a., each employment agency which charges or may charge the job seeker a fee shall:

  “(6)  Obtain a bona fide order for employment prior to collecting any fee from a job seeker or sending out a job seeker to any place of employment…

“…no charge or advance fee of any kind shall be charged, demanded, collected, or received by the agency from a job seeker seeking employment until employment has been obtained by or through the efforts of the agency;”

Section 34:8‐65, paragraph i states:

    “Not more than one‐third of any fee, charge or commission shall be collected by the registered organization for its services or products more than 60 days in advance of the date on which the registrant provides its services or products as stated in its contract.”

‘Registrant’ being the person represented for the outreach of employment. In this case i.e. ‘actor.’

Presently, a northern New Jersey modeling and talent services organization offers the potential for talent representation partly upon an up-front fee. Located in a bucolic suburb of New York the NJ talent company charges the advance registration fee for as advertised on their website:

“One of the top child talent agencies in the NYC area, [We’re] proud to open doors of opportunity to any child or teen wanting to work in showbiz…. [Our company] also offers amazing bookings and castings… representing young talent just beginning a career in the business. Highly regarded as the go-to source for extras casting by top production companies, our actors in both Divisions work frequently in top television and film productions, commercials and print campaigns and are an elite group of budding professionals enjoying early successes.”

The talent representation company in which the owner is self-described as an agent further stresses online:

“OUR DIVISION BOOKS CHILDREN AND TEENS WITH LITTLE TO NO EXPERIENCE IN NON-SPEAKING ROLES FOR FILM, TELEVISION AND BOUTIQUE MODELING PROJECTS.”

Past readers of Answers for Actors may note a commonality of ALL CAPS UTILIZED in claims made on the websites of the alleged pay-to-play operators.

The NJ talent company charges a $249 registration fee for a division of their clients. An up-front payable for an initial interview with young actors between the ages of 2 – 17. The registration fee is lessened $50 if a code, provided on the company’s website, is utilized in the online registration process.

Along with the registration fee is an additional fee that is be checked-off and agreed to. Whether or not the additional fee is required is not made clear on the company website:

“MONTHLY FEE FOR [OUR] EXTRAS DIVISION BOOKING SOFTWARE PROFILE IS $20/mo.”

The talent company’s website advises that the interview and registration fee do not guarantee representation. Representation that, at first blush, seems mostly for background work which can be found by any civilian for virtually free on their own.

The company does have two divisions of clients. One division for background actors. The other division apparently includes: “established and emerging professional children who can be seen regularly in television, film and print projects such as Disney and Nickelodeon commercials…” After paying for the lower division how and when does the representation for talent graduate beyond background work into the second division of “professional children who can be seen regularly in television, film and print projects?” Is the registration fee for the lesser division returned once the child is submitted in response to a Breakdown to which the child is cast as a principal?

Answers for Actors learned via Thom Goff, Director of Operations, East Coast at Breakdown Services, Ltd. that the northern New Jersey operation does hold a subscription to BreakdownsBreakdowns which include principal casting (commercials, pilots, episodics, Broadway, major studio films, and respected regional theaters). The self-proclaimed “Child and Teen Self-Management” company openly advertises to book more than just background:

“OUR CURRENT ROSTER OF ACTORS AND MODELS HAVE ENJOYED TOP BOOKINGS IN MAJOR NETWORK TV SHOWS, PILOTS AND COMMERCIALS, STUDIO FEATURE FILMS ALONGSIDE A-LIST ACTORS AND DIRECTORS…”

Breakdown Services in the past has strongly frowned upon representation, with a subscription to Breakdowns, charging clients any fees beyond allowable commission (10% for franchised agents and whatever percentage a manager gets their client to agree to). Answers for Actors reached out to SAG-AFTRA’s Megan Capuano, Associate National Director, Professional Representatives for verification if the self-defined agent and company is franchised to represent union members. SAG-AFTRA’s Communications Department responded that the company in question is not franchised with SAG-AFTRA. New Jersey statute permits employment agencies and talent companies seeking work on behalf of their clients to be termed ‘agent.’ The northern New Jersey talent company is a licensed business in New Jersey to operate as an employment agency. As documented in New Jersey Employment and Personnel Services code NJSA 34:8‐43 et seq and NJSA 56:8‐1 et seq, employment agencies are not to seek or request up-front fees of clients. Actor unions also have policies barring pay-to-play representation of actors.

In addition to talent representation, acting classes, and in-house extras casting for outside production companies the northern New Jersey talent company also offers headshot packages for children at $199 advertised as being, “Child & Teen Photo Shoots by a Kids Talent Agent.” Blow-outs and make-up available at an additional $100. The $599 acting classes have check-out options during registration: Order a headshot session. Or add ‘Keep Calm & Call My Agent’ t-shirts. Two color choices. All sizes. $26.50 each.

The talent company operates in an upscale town with hillside mansions overlooking New York City in the distance. Residents include a famous, late-night talk show host. Broadway and Hollywood talent. Franchised talent agents. C.S.A. casting directors. And behind-the-scenes creatives of the entertainment industry. But several blocks from 8-figure manses that are home to entertainment pros is the talent agency requiring up-front fees for a division of the talent they represent. The talent company also has an in-house casting director whose prior experience before casting is detailed online as having, “a previous career in book publishing and store management.”

Pay-to-play-to-be-submitted-for-casting consideration operations are no longer confined to malls and McMansion bedroom communities. The questionable practices thrive and exist online, and in our backyards. Supported by neighbors we believe to be educated on questionable practices within entertainment industry’s ranks. But as long as there are the star-struck wishing to be famous there will be hands and websites holding open doors for dollars. And as long as there are adults chasing the stage and screen ambitions of their prodigy and established entertainment professionals harvesting the children to fill roles these companies, some well-known like the New Jersey operation and others existing under entertainment industry’s radar, the pay-to-play game continues.

[Author’s Note: Sourced quotes from the talent company’s website are documented via time and date stamped screen captures.]

Paul Russell’s career as a casting director, director, acting teacher and former actor has spanned nearly thirty years. He has worked on projects for major film studios, television networks, and Broadway. Paul has taught the business of acting and audition technique at NYU and has spoken at universities including Yale, Elon and Wright State University. He is the author of ACTING: Make It Your Business – How to Avoid Mistakes and Achieve Success as a Working Actor. For more information, please visit www.PaulRussell.net.

ACTING: Make It Your Business

10 Tips On How to be a Professional [Actor]

Merriam-Webster’s clinical definition for professional is slightly incorrect… someone is waiting to take advantage of your misstep(s).

Merriam-Webster’s clinical definition for professional is slightly incorrect:

pro·fes·sion·al / adjective

(1) :  characterized by or conforming to the technical or ethical standards of a profession (2) :  exhibiting a courteous, conscientious, and generally businesslike manner in the workplace

Professional behavior extends beyond the jobs in which we toil to survive–life’s everyday interactions requires personal professional behavior. An actor, whether household name, developing, or amateur is a public figure once they take to the stage or screen. Off-screen and off-stage manners are scrutinized by peers intensively. And often surreptitiously as does supposedly the NSA with our daily email interactions. The actor is always “on” whether they wish to be or not. Everyone watches your personal professional behavior. In an insular industry in which is often joked that only six people are working in it because everyone knows everyone via a connection… your image, persona, and personal and work ethic is being watched. And someone is waiting to take advantage of your misstep(s).

10 Tips On How to be a Professional [Actor]:

1. Approach Peers in Your Trade as Individuals—Not for What the Individual Does as Their Trade

When I encounter an actor unfamiliar with my work as a director and casting director often the next phrase from the actor is, “What are you casting and/or directing now? Anything right for me?” When arriving early to teach classes in New York I hide in a back hallway. If I don’t several actors in my class will ask for me to correct their homework; give additional instruction and/or both. This personal-time intrusion is as equally dismissive of me as a person as if in the civilian world when a doctor, lawyer, or any trade professional is routinely asked for professional advice by strangers and acquaintances during the trade keeper’s personal time.

Before engaging with trade peers beyond their work recall that like you the person is more than what they do to earn a paycheck.

  1. Arrive Prepared

Audition, interview, performance or class; if you’re not prepared due to lack of self-interest and/or self-time management the only person at fault is yourself. You’re not entitled to sympathy or re-dos for your inability to prepare. Showing-up is half of what is required of you. Showing-up prepared is the other 50% of attaining success.

  1. Accepting & Owning Mistakes

Not even the most persnickety perfectionist is immune to airor (pardon me: error). Colleagues and peers hold in higher regard co-workers who fess-up to misjudgment, error, or inappropriate comments and/or actions. A deflector or liar is rarely, honestly admired. Politicians are the worst actors for spinning fiction.

  1. Living Happily is Life’s Only Entitlement

Believing you’re right for a role, or believing that because you played a role previously prompts your entitlement to an audition and/or hire is behavior not worthy of a playground let alone a chosen profession.

Accept that nothing is inevitable. The inevitable is one of many possibilities.

  1. Good Manners is Responding to Emails, Voice-mails, Text and Inquiries

Just as you appreciate recognition so do the people reaching out to you. Silence screams a lack of respect and courtesy for others.

  1. Let Peers Participate

In group situations, rehearsals, class settings, meetings the lone attention-hog repeatedly asking self-serving questions is the person who’ll eventually be alone. Let peers and colleagues participate in group endeavors.

  1. Pitch. Don’t Bitch.

The backstabbing, snarky whisperer soon finds their pool of light diminishing. The Barter Theatre’s curtain speech quotes their founder Robert Porterfield: “If you like us, talk about us. And if you dont, just keep your mouth shut.”

If negativity is an admirable trait more children would aspire to be cable news commentators.

8. Focus on Your Duties, Desires and Efforts Not the Responsibilities and Career Advances of Co-workers

9. Spontaneous Compliments to Peers are as Welcomed as is Water to the Parched

10. Accepting Tough Love Criticism Equals That You’re Open to Improvement and Love

My ego and work is often thrashed. Once particularly from a woman I never met. But, if I ignored her tough love criticism you and I would not be sharing this conversation.

The gracious and generous Brian O’Neill nudged along my first book ACTING: Make It Your Business. He discovered a blog post of mine on an obscure website for actors. He introduced me to his publisher and editor. His editor read my work. She loved the book proposal, and was ready to begin offering a contract. She then tragically passed due to cancer. The publisher put all of the editor’s pending projects on hold. Mixed emotions indeed were mine.

I held out hope the journey with Brian O’Neill’s publisher would continue. Months passed—a nano-second in publishing—no forward movement with the publisher. I then put out to other publishers the same book proposal the deceased editor praised prior to her too-young passing. I received one response. Highly critical. A pass. What?! But this was the same material for which an editor was ready to provide a contract! How could my words and proposal fail elsewhere? I fumed. I vented (privately to my partner and cats… the cats licked their paws). My email in-box remained empty of returns from other publishers. Weeks passed. Still nothing. I re-opened the critical editor’s email. I began making changes based on the woman’s insight and critique.

I sent the book out to more publishers. Months later, a phone call came mid-day. “Have you sold your book yet?” asked an editor with Watson-Guptil (an imprint of Penguin-Random House). The editor sought to buy my book. The one based on changes I made. Changes prompted by the tough love criticism made by a stranger. Several days later Brian O’Neill’s publisher placed an offer on my pre-critiqued proposal. Which door should I choose?

If I had not listened to the tough love advice of a stranger I doubt ACTING: Make It Your Business would exist. Brian O’Neill’s publisher dropped their books on acting a year later. I was damn lucky I got over my ego and listened to tough love advice from a stranger. She was being a friend. A friend I have yet to meet.

Listen and your ego will subside.

The 10 tips prior on how to be a professional [actor] are applicable to a career in nearly any trade. More importantly, the tips on professional behavior are for life itself. When considering a future decision, discussion, and/or interaction reflect as well this: is the action you’re about to take one that you admire in others? Will your next step be equally admired by a majority of strangers and peers? If answered ‘yes’ then you’re being professional–both in career, and in life.

Casting Directors, Talent Agents, Directors & Actors

Love the Best-Selling Book for Actors
ACTING: Make It Your Business!

AMIYB_Amazon“Humorous and witty…
Actors everywhere who are trying to succeed in the business, young or old, on stage or on camera, anywhere in the world, take note:

This is your roadmap!”
BERNARD TELSEY, casting director – CSA
(NBC’s Peter Pan – LIVE!, Into The Woods – The Movie, Wicked, Sex & The City)
“All the right questions asked and answered…
and with a generous portion of good humor.”
SUZANNE RYAN, casting director, CSA
(Law & OrderUnforgettable)
“I love this book!
Paul’s book tells you what you don’t want to hear but really need to know
EVERY actor should read this book!”
DIANE RILEY, Senior Legit Talent Agent
Harden-Curtis & Associates
“Paul’s book made me proud to be a part of this community we call ‘show!'”
KAREN ZIEMBA, TONY & Drama Desk Award Winning Actress
“Paul Russell’s words are not only blunt & accurate they zero in on all the questions every actor wants to know but is afraid to ask!”
KEN MELAMED, Talent Agency Partner
Bret Adams, Ltd.
“I had my Business of Acting, BFA Seniors, class do book reports on a variety of “business of acting” books and ACTING: Make It Your Business came out a clear winner—considered to be essential for their bookshelves!
Dr. NINA LeNOIR,
Dept. Chair – Dept. of Thtr.
Chapman University

Get smarter on the business of acting from legendary Hollywood & Broadway actors and talent agents in a casting director Paul Russell’s Best-Selling Book ACTING:AMIYB_Amazon Make It Your Business!

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Paul Russell’s career as a casting director, director, acting teacher and former actor has spanned nearly thirty years. He has worked on projects for major film studios, television networks, and Broadway. Paul has taught the business of acting and audition technique at NYU and has spoken at universities including Yale, Elon and Wright State University. He is the author of ACTING: Make It Your Business – How to Avoid Mistakes and Achieve Success as a Working Actor. For more information, please visit www.PaulRussell.net.

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