Posts

Showing posts with the label contract

PRODUCTION JOURNAL: Danny Jiminian on Strategic Planning for Content Creators panel at the IPRHFF (Nov. 12, 2016) 10-11 AM

Image
Tomorrow I have the privilege of being on a panel at the International Puerto Rican Heritage Film Festival (IPRHFF) with 2 talented and experienced filmmakers and producers, Christopher Lopez and Sonia Malfa. It will be moderated by consultant, Roxana Colorado.  We will share our experiences and advice on effective and strategic ways to get your film or tv show across the finish line. Among a number of topics, I'll be focusing specifically on how to protect yourself when you pitch a film, why you should always use contracts and how to build a relationship of trust with your investors. Hope to see you there! IPRHFF Multimedia Conference: TV, Film and New Media  New Location : Hunter College 68th St. & Lexington Avenue, Southwest corner West Building Room 714  [ Please provide ID at Visitor's Service Desk at building entrance ] 9:30 AM - 6:00 PM (Six Panels)  22 Latino Thought Leaders in Media & Entertainment and Moderators  FREE ADMISSION  RSVP Mandato

PRODUCTION JOURNAL: Lead Actors Should Do What Peter Coyote Recommends

Actor, Peter Coyote, has written a letter that I think should be spread far and wide. Read it in full here . My favorite part* is the recommendation he makes, which is this: There is a simple way leading actors might bring a second, more flexible and targeted weapon into the fray on behalf of your colleagues which incidentally, would provide the ancillary benefit of insuring that you consistently play opposite actors of the highest caliber. If you were to include language in your contracts specifying that, in your films, the “quotes” of your peers must be recognized as a negotiating floor for their compensation, if you publicized that fact, and, if you kicked back a modest amount, say on salaries over six million dollars a film to make that money available, each and every actor negotiating to play opposite you would be empowered to demand the fair compensation that he or she has won for their work. (my bold ) People in general, and specifically lawyers, are accustomed to doing

CASE STUDY: What To Do As A Filmmaker With The PWC "Filmed Entertainment" 2015-2019 Data

In his Art of War, Sun Tzu wisely counseled, "Assess the advantages in taking advice, then structure your forces, accordingly to supplement extraordinary tactics." With that kernel of wisdom in mind, I looked at this year's Pricewaterhouse Coopers Global Entertainment and Media Outlook 2015-2019 and studied their summary of " Filmed Entertainment ." Although I have not read the full report, the summary provides plenty food for thought so I asked myself what would I do with this data as a filmmaker? My answers are below labeled, "The Film Strategy tip." Let me know what you would do with that data. Note, I have not purchased the full report and I am only basing this on the insights they published. But even those short insights are revealing. Growth around the world will boost filmed entertainment revenue.   Global total filmed entertainment revenue will rise at a 4.1% CAGR (Compounded Annual Growth Rate) to 2019, reaching US$104.62bn. Particularl

PRODUCTION TIPS: Just Know that Profit Participation Comes Out of the Producer's Pocket

Image
I recently wrote an article about why it is a good thing for certain filmmakers making certain films to share the wealth with profit participation instead of deferred compensation. A caveat: that has a limited use. However, I wanted to revisit that idea and clarify what that means for a filmmaker looking to adopt a profit participation strategy to paying their cast and crew. The truth is that while paying your cast and crew with profit participation instead of deferred compensation can lower a producer's and investor's out-of-pocket production and postproduction costs and improve morale/motivation, it has limits. Here's why: A producer makes multiple contracts throughout the life of a film starting with the writer and ending with the distributor. Along the way, she decides to offer back end participation (or net/gross profits or profit participation) to the cast and crew and signs a contract with them promising to do so. When the producer meets with the distributor

PRODUCTION TIPS: Don't be #SelfishFilms, Share the Wealth

Image
Sometimes when a no-budget filmmaker can't afford to pay a cast and crew what they are worth, then "profit participation" > "deferred compensation "     So many filmmakers struggle with the challenge of making their film because it is such a complex artform with a gaggle of logistical and artistic elements to it. One minute you are figuring out locations the next you have to decide on wardrobe then your DP is asking you about lenses and lighting (hell you might have to be the DP too) and your lead actor wants you to help him understand the crux of the scene. That's not even taking into account the budget and the legal and the food and the... you get the picture.  Filmmaking is hard work to do all by yourself which is why most don't. Filmmakers raise money to cover the costs of their cast and crew and those who can't raise sufficient money promise deferred compensation to their cast and crew. But even those who can't afford to pay cast

PRODUCTION TIPS: What is a Loan-Out Company? And Should I Form One?

Although I wrote this originally for El Blog de HOLA with actors in mind, loan-out companies are used by artists and entertainers of all stripes; directors, musicians, writers, producers, fashion designers, etc. Therefore, the following below is beneficial to you too if you have reached a certain level of success in the arts and entertainment industries. +++++++ “I’ve heard that a lot of Hollywood actors have a loan-out company for their acting services. What is a loan-out company and should I form one?” A loan-out company is a business entity formed by entertainers like actors, musicians, directors, producers, etc. (“owner”) to provide their services under the guise of  “employee” to a third party like a studio, production company, television network, record label, etc. Although usually a C corporation (one that is taxed separately from its owners), the loan-out can be an LLC (limited liability company)or an S corporation. It is called a loan-out because the company “le

PRODUCTION TIPS: How to Protect Yourself if You Are a Non-Union Actor

I have recently started a  series  for HOLA (the Hispanic Organization of Latino Actors) on  El Blog de HOLA  based on business and legal questions actors have. “If I choose to work in a nonunion film (one that is not SAG-AFTRA), what key contract terms or clauses should I look out for to protect myself?” Here’s something that any working actor can tell you: there are many more nonunion roles than there are SAG-AFTRA roles. So, actors, in a quest to build their credits, gain experience, make themselves visible and hone their craft will take on a nonunion role if they find it in their interest to do so. Whether they should or not is another story but assuming they do there are some things an actor should look out for to protect themselves from unscrupulous or sleazy producers. • Put it in writing. While it is true that oral agreements are enforceable, if it’s not on paper, your job to prove you were promised something for your work in a production becomes that much harder.