Chapter 5: Welcome to Reality: Legalities and Rights

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20 Terms

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Making the Deal: a Final Check List: Get it in writing
- Protect yourself with ample documentation
- Follow up an oral promise with a written memo or email version of the points made and agreed upon
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Making the Deal: a Final Check List: Take notes
- In a meeting or on the phone, take notes and date them
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Making the Deal: a Final Check List: Keep a paper trail
- Even in this electronic age, keep hard copies as well as computer backups of correspondence and memos sent and received, and dated
- Keep each draft of any screenplays
- If you’ve made some form of contribution to the story, follow that up with a brief memo outlining that contribution
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Making the Deal: a Final Check List: Register your work with the WGA
- This is a valuable verification of your ownership; register it before you begin to pitch it around
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Making the Deal: a Final Check List: Check out potential buyers
- Be objective and realistic about excited interest in your project. It may be wonderful, but the people may not be
- Check them out thoroughly - search the web, ask other filmmakers
and do a credit check
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Making the Deal: a Final Check List: Don’t make the first offer
- See what the other side has to offer first
- Never sign any binding contracts without thoroughly dissecting each point with your attorney
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Making the Deal: a Final Check List: Keep each promise you make
- If you can’t keep it, don’t make it
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Making the Deal: a Final Check List: Don’t be afraid of negotiation
- In most cases, it is expected
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Making the Deal: a Final Check List: Always try for a win-win
- In this ideal scenario, everyone is happy, and no one sues them
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Making the Deal: a Final Check List: When in doubt, hold it out
- Should you suspect that you may not get paid what you originally agreed upon, you can consider holding onto all video, film, or digital material until you’ve cashed - and cleared - their check
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The major unions are...
- The Screen Actors Guild (SAG)
- The Directors Guild of America (DGA)
- The Writers Guild of America (WGA)
- The National Association of Broadcast Employees and Technicians–Communication Workers of America (NABET–CWA)
- The American Federation of Television and Radio Artists (AFTRA)
- The American Federation of Musicians (AFM)
- The Producers Guild of America (PGA)
- IATSE
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Negotiation for proper screen credit might include...
- How the credit is phrased
- Proper spelling
- Font style and size
- How long it stays on the screen
- Whether the person’s name is by itself or part of a group of names
- Other contractual details
- Advertising on posters
- On-air promos
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Most programs give screen credits that might include...
- Produced by
- A film by
- Directed by
- Story by
- Written by
- Composed by
- Credits to executive producer(s), and associate producer(s)
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Unions are the bargaining agents for the on- and off-screen talent in...
- Television
- Film
- New media
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The producer’s focus is delegated to negotiating with unions and drafting and signing various agreements that outline the...
- Terms of the project
- Job descriptions
- Fees
- Contracts
- Schedules
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The guilds and unions provide specific services to their members...
- They take care of payments of residuals, based on a contractually agreed-upon percentage of a project’s profits
- They make payments to the members’ pension and health plans
- They take part in negotiations and arbitrations on the part of their membership
- They have established specific rules and regulations around their members’ work rules, timetables and work conditions
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If you don’t have access to an attorney and instead rely on shareware template forms, make sure they are...
- Current with legal rulings
- Relevant to your specific needs
- Written in language that you can follow
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MFN
Most Favored Nation
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The bond company meets with the producer and director to discuss ways the project will be produced, after the producer submits the...
- Shooting script
- Budget
- Shooting schedule
- Financing plan
- Bios of key production personnel
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A traditional contract between a producer and a client specifies...
- How much money that time is worth
- How much time you all agree that it could take the project to develop, write, shoot, edit and mix