International sales agents (“sales agent(s)”) are your pipeline to foreign distribution whether they are pre-selling or licensing the completed picture. Sales agents develop a marketing plan for the pictures they represent, design poster artwork, and undertake to cut an appropriate trailer if they believe that your sales materials are not up to par. Sales agents…
Distribution Fees/Royalties The distributor will take into consideration the type of picture it is distributing and distribution fees will reflect that. Distribution fees are generally calculated as a percentage of gross revenues. “Gross revenues” means the money earned by the picture from first dollar, without deductions for distribution fees, marketing expenses, taxes, residuals to any…
Distribution Agreement I investigate any distributor with whom I am unfamiliar prior to commencing negotiations on behalf of a client: I want to ascertain their track record, acquire a list of the markets they attend, and contact their references (filmmakers, whose films they have distributed in the last five years). I do not start negotiating…
Distribution “Distribution” is the process through which your picture is exhibited and exploited throughout the world in all media. Distribution is how your picture earns revenues. If you do not already have distribution, you will start seeking it once your picture is completed. The goal is to secure Distribution Agreements with distributors that have the…
Music is one of the most important elements of any picture. The right music can be transcendent—the wrong one downright distracting. The difference between the two is very often money. Independent producers tend to under budget music costs, then “borrow” from the music budget whenever they have shortfalls in other areas. I strongly recommend that…
Talent You have to become a SAG signatory even if only one of your actors is a SAG member. Remember that SAG has to clear the picture in order for SAG talent to render services, and it will not do that until the production company is a SAG signatory and has met all of SAG’s…
Director’s Agreement Your relationship with the director can be a blessing or a walk through a mine field. Do your homework and only consider directors known for completing their pictures on time and on budget. And, since you literally hand over the creative aspect of your picture to the director, choose one whose vision of…
Above-the-Line Agreements The producer, director, screenwriter, and talent are part of the Above-The-Line personnel. Their Work-For-Hire Agreements are complex because their responsibilities and salaries are greater than the crews. Below are most important deal terms included in each of the Above-The-Line’s Work-For-Hire Agreements. Producer You can refer to the above section on Production Agreements if…
Everyone who renders a creative service on your picture may have a claim to the picture’s copyright, since copyright vests the moment the creation is fixed in a tangible medium. You avoid copyright vesting by making each person execute a Work-For-Hire Agreement prior to the commencement of services. All of the employment agreements related to…
SAG vs. Non-Members of SAG You are free of SAG’s requirements if your entire cast is comprised of non-SAG members. Nonetheless, keep in mind that you always have to comply with labor laws which, among other things, require that you pay at least minimum wage, overtime, and provide workers compensation insurance. Your line producer/ unit…