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Showing posts with the label contracts

While You Wait for the Pandemic to End and Go Shoot, Do these 10 Things

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What are you as a filmmaker to do with all this free time during a pandemic like COVID-19 when you can’t actually shoot?   For you, life during coronavirus means sheltering in place at home, unless you are also an essential worker. This is agony for sure, since filmmaking is a passion that can only be fulfilled by actually working on a film. But this pandemic is temporary and, sooner or later (most likely, later), things will get “normal” again... to a degree. So, what are some things you can do besides editing your movie or tweaking your script? Here’s a list of 10 things:      Hone your pitching skills. Prepare for your shoot in a post-coronavirus world by updating your contracts and developing on-set policies in keeping with health guidelines. And be sure to implement them when you shoot! Draft a psychological profile of your film’s audience. Read The Hollywood Reporter, Variety, Indiewire, Mubi Notebook, and any other sources of news and analysis about the cult

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

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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

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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

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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: It's Better to Avoid a Lawsuit Than to Win One pt. 3

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In parts 1 and 2 , we covered the reality of being sued and ways to minimize the chances of that happening (and losing) by essentially displaying common sense, taking the time out to make sure 'things are what they seem' and getting everything in writing.  Producers and filmmakers with money hire lawyers and others to do all that work for them so they can focus on the fun stuff like directing scenes or hobnobbing with actors and financiers. The true no-budget filmmaker can't hire a lawyer to do the work but the work still needs to get done somehow.  This series has been an attempt to provide no-budget filmmakers, like you, some guidelines to help you organize and minimize your risk.* INTERNS.  'Everyone loves PA interns cuz they work for free, right?!?' Wrong. The Blackswan case was a wake-up call for the industry; your interns are not a way to get free labor.  For far too long, interns have been used in abusive manners (even if the producers didn't i

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 2

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The second article of a 3-part series In part 1 , we looked at the reality and possibility of being sued for creating art and entertainment followed by ways to avoid legal problems with the script and other artworks used in making the film.  As we all know, the main (but not only)  reason why you as a producer would hire a lawyer is to avoid lawsuits.  Although it might not seem like it when you are itemizing your production budget, it is money well-spent (provided you get a good lawyer).  However, in this day, age and economy, there are filmmakers who literally have no budget. But even without a budget, you are still vulnerable to lawsuits so you need to do what you can to protect and defend yourself.  That's why I place so much emphasis on documenting everything you do and keeping it in a safe, accessible place.  This protects you and minimizes the risks you face.  In part 2, let's look at what you can do when dealing with actors, crew, locations, children, music, trade

PRODUCTION TIPS: Get the Right to Make Changes... Or Else

So you're a producer with a hot property optioned from a novelist who gave you the right to shoot a film based on her novel.  You have all your agreements signed by your above-the-line and below-the-line people and your production is ready to start.  During the development of your film, you choose to make major changes to the story that you think will make it more engaging, more artistic and/or more marketable.  Then your phone is blowing up with calls from the original author on which your production is based.  She's pissed off with the changes but you're not worried because she signed your contract and she can't do anything to stop you.  Or so you think. You and your lawyer look at the contract and he notices the following: that while you did obtain the right to represent the work, you DIDN'T obtain the right to make alterations, changes or modifications to the characters, stories or text created by the original author in the first place. As Gordon P. Fir

PRODUCTION TIPS: 10 Ways Directors MUST Think like a Line Producer

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  The no-to-low budget director is a man of many hats and throughout the production, the director will, at different times and simultaneously, wear the writer's cap, the executive producer's top hat, the director's beret, the line producer's helmet, the editor's hood... hell maybe even the caterer's toque. This is simply a reflection of how a no-to-low budget forces one to do more with less and so the director becomes a hybrid doing many of the most important jobs on the set by himself.  In an otherwise standard or big budget production, the director would pass the head gear to someone else who can devote all their attention to that specific job at hand.  One of the most important jobs that a director MUST perform with a no-to-low budget production is the job of the line producer.  In fact, even when he can delegate to someone else, the director would still benefit from wearing the line producer's helmet. It's easy to imagine the line producer wear