Payrolling Agency-Represented Talent
What is OOTB’s process for paying models and other agency-represented talent and crew who are classified as employees?
At the beginning of each job, we ask the Producer to provide OOTB with the following information for any agency-represented talent:
Talent name and contact information
Agent name and contact information
OOTB communicates directly with agencies to determine their booking terms and process agency fees and commissions according to their preferences.
Talent and crew are paid via W-2 wages.
Talent agency commission can be separated from the talent’s day rate before their wages are paid via payroll. Separating the agency commission from the wages allows clients to save money as only the talent wages are subject to payroll taxes.
Agency fees and the talent agency commission are paid directly to the agency as 1099 vendor payments.
OOTB processes talent and crew wages in accordance with the Photoshoot Pay Easement Act. This law allows employers to pay models, producers, photographers, and other employees on print shoots in California on the next regular payday of the payroll period that follows the end of the employee’s work on a production.
OOTB’s procedures for paying agency-represented talent and crew ensure that everyone involved—hiring entity, agency, and talent—remains compliant with all applicable labor laws. Both agencies and talent appreciate OOTB’s streamlined workflow, accurate payments, and compliant solutions.
Example: Agency Represented Talent with Commission Removed from Gross Wages
Example Talent Rate of $1000 + 20% = $1200
OOTB pays talent their contracted rate, less any commission due to the agency, via W-2 wages. The remaining agency fee and commission are paid directly to the agency as a vendor payment.
Please note that payroll taxes and handling fees apply to all wages. Vendor payment handling fees apply to all vendor payments.
How does OOTB handle model and talent usage?
Usage is the fee paid to the model or talent for the use of their images in material that advertises a product, service, or cause for the specified usage period. OOTB pays all usage fees as 1099 vendor payments that are made directly to either the model/talent’s agency or to the model/talent if they are not represented by an agency. Usage is treated like a royalty payment and can be managed by agencies for their talent.
