Video Game Agreements

Why should I sign a union agreement?
UBCP/ACTRA represents more than 8,600 professional performers working within the recorded entertainment industry. Our agreements contain terms and conditions that ensure our members can earn a living while doing what they love – giving life to characters in front of the camera and behind the mic. Accordingly, our members are obliged and committed to working only on union-signatory productions. Therefore, by signing a union agreement you can hire union performers for your productions.

If we sign a union agreement, are we required to produce under the terms and conditions of a union agreement on all of our future projects? 
No. The UBCP/ACTRA video game agreements are signed on a per production basis, so the terms and conditions of the agreement only apply for that specific project. 

Is signing a union agreement complicated? How much paperwork is there?
It’s a straightforward process to sign onto our Low Budget Video Game Agreement.  There is an application form you complete so we have information about your project. Once we determine that your project qualifies for the Low Budget Video Game Agreement, we will send you a copy of the agreement to sign.  We will also set up an informal pre-production meeting with you to go over any questions to make sure everything runs smoothly.  

After that, we’ll send you the performer contract, where you’ll confirm the booking details and the time report, to keep track of the work session. To help you figure out the payments, we also have a simple remittance statement that will automatically calculate all the amounts owed to the performers and the union. If you’re having trouble at any point along the way, we’re always here to help out!

Can someone help me with the paperwork?
Of course. Our video game reps are here to support and assist you throughout the entire process and are always available to answer any questions.  You can contact us at [email protected] or give us a call at (604) 689-0727. To speed things up and get your signatory process started, you can also fill out the Low-Budget Video Game Application Form and send it to our reps.

Who can access the Low-Budget Video Game Agreement?
The Low Budget Video Game Agreement is dedicated to BC- or Yukon-based indie video game developers with projects with a total production cash budget under $2M. There are two tiers:  

Tier 1: Video Game Productions with a budget of more than $500,000 but less than $2M.  
Tier 2: Video Game Productions with a total budget of $500,000 or less. 

We’re an indie dev studio with a low-budget game, but we are located outside of BC or the Yukon.  Are we able to utilize the Low Budget Agreement?
The Low Budget Video Game Agreement is only intended for BC-based productions.  If you have a project outside of this scope, please contact us at [email protected] and we can explore other options that may be available to you.  

What type of paperwork or records do we need to supply to show that we are “Low Budget”?
The Union requires the total budget (with an accompanying statutory declaration) and a full disclosure of financing sources of the video game production to determine if it qualifies for the Low Budget Video Game Agreement. To submit your application, you will need to send these documents, along with the Application Form (App B) and cast list (if available) to [email protected]. 

What happens if our Production starts out Low Budget but then receives additional funding later during development? 
If the production receives extra funding, please let UBCP/ACTRA know right away. If the budget increase exceeds the current tier, the Producer will need to increase the Performer fees to those in the next tier.  

What is the Security Bond, and how does it work? 
The Security Bond acts like a security deposit in case of any payment defaults. The standard amount is $10,000 or an amount that covers at least two weeks of performer payroll (including the Insurance and Retirement contributions). UBCP/ACTRA needs to receive this before the work start date and it is returned in full (plus interest) to the producer once the production is complete and we have verification that the performers and the Union have been paid in full.  

We are only planning to hire a few performers for mostly one-off records. Can the Bond amount be adjusted if the total talent costs for our full project come in under $10,000?
Absolutely – we can review your production schedule and calculate a bond that more closely aligns with your budget and the amount of work being done.

We have a performer we really want to include in our game, but they are non-union. Are we still able to hire them if our project goes union?
It’s possible, provided you have satisfied Preference of Engagement. This means that union members must be considered first, and if you’re not able to find what you’re looking for, you can then extend the search to non-union performers. If, after going through this process, you determine that a non-union performer is best suited for the role, you will need to submit a work permit application (insert link) to the union. 

That being said, there are three circumstances where the producer is entitled to hire non-members:  

a) when the character was played by a non-member in a pre-existing videogame. 
b) when the non-member performer is very well-known that would increase substantially the production marketability. 
c) when the producer is under a contractual obligation to retain the services of the non-member. 

We have never hired voice talent before. Does UBCP/ACTRA offer a way to search for and audition talent?
We have an online database of Voice Performers that can be a great start. The database allows you to sort by branch, and you can select UBCP/ACTRA to narrow your search. 

Can we incorporate stunts into a project that’s signatory to the Low Budget Video Game Agreement?
The Low-Budget Video Game Agreement is only intended for voice work and the use of performer’s likeness. If your video game incorporates other categories of work, please reach out to the Union and we can discuss what options may be available.  

What goes into a union performer’s pay cheque?
When hiring a performer under the agreement, you will pay a Session Fee for their in-studio work and a separate Use Fee for the rights to use their performance. In addition, there is a 13.5% of the Insurance and Retirement (I&R) contribution and a 2% administration fee (both based on the Performers’ Gross Fees)

What is the difference between Prepayment of Use Fees and Payment for Units Sold?
A Use Fee Prepayment is an upfront payment that is paid to the performer along with their session payment. This option is a one-time payment that gives the producer the right to use the video game in perpetuity. The amount will depend on whether the video game is produced for Mobile, Single Platform, or Multi Platform use. For more details, you can check out our rate sheet (insert link)

The Payment for Units Sold option is a deferred payment. This means that at the time of the performer’s session, you will only pay the Session Fee. You won’t owe any use fees until you sell 500,000 units of the game (or have 500,000 subscribers/users). When you reach this milestone (and every time thereafter) you’ll pay each performer a “secondary compensation,” which is an amount equivalent to their Session Fee. This option lowers your upfront costs and allows performers to take part in the future success of the game.

What is the difference between Mobile, Single Platform & Multi Platform?
Mobile: a personal mobile device such as a cell phone or tablet (excluding portable game consoles like the Switch)

Platform: any and all online or offline technologies that can run a Video Game.  Examples include computers, consoles, Smart TVs, VR/AR. Your game can be produced for one such platform (i.e.: Single Platform), or multiple different platforms (i.e.: Multi Platform).

The prepayment Use Fee amount will differ depending on whether your game is produced for Mobile, Single Platform or Multi Platform use.

Our project is still just in the early development stage, and we are looking to create a scratch track as a place holder. Do we still need to pay Use Fees?
Use Fees don’t need to be paid on scratch tracks if they are only used as a temporary placeholder during production and are not used in the final video game. If the scratch tracks are used for anything beyond this, then Use Fees are owed.

Can you show me examples of how much I would owe a performer for their work?
Below you will find a table with different examples that include session fees, use fees and fringes, under the two tiers of the Low Budget Agreement:

How do I know if my project counts as Vocally Stressful and what do I need to do if my project involves vocal stress?
Vocal Stress is defined as challenging vocal sounds with significant force and explosive vibration, that the performer is required to do during a voice recording. Some examples are death screams, battle cries, shrieks or screeches. If you are unsure if this definition applies, our Union Representatives can help determine that for you.

To protect performer’s voices when auditioning and performing vocal extremes, please refer to “Appendix A” Guidelines for Vocal Stress and Vocally Extremes Performances. This document includes instructions about the information you need to provide to the performer, practices to avoid, and breaks. 

Are we able to use game footage that includes voice work in trailers for our game, without incurring extra costs?
Yes, you can use up to 2 minutes of excerpts from the game, as well as still photos, in trailers, promos, and publicity, at no additional cost.  

We are a local BC- or Yukon-based developer and we are localizing a foreign game into English. Are we able to access the Low-Budget Agreement for Localization?
The Low Budget Video Game Agreement does not cover dubbing. Our Standard Video Game Agreement applies.