Release forms. Help! Any other forms, paperwork, required by distributors?

Clint Nitkiewiz Hernandez

Clint Nitkiewiz Hernandez

Well-known member
Okay this is my first feature film I am directing.

Can anyone just list all forms I will need. Or links to templates, or know if the templates are any good as is, just change the name, etc.

My goal is theatrical distribution, if not they DVD.

I know distributors will ask for all my paperwork, so what are those?

Location release for each location.
Actor release for any persons face visible on film, even if they are just a person in public space.

Copyright release for my work?

I am totally clueless, please help, thanks.
I dont have money for a lawyer either f.y.i. Thanks.
 
If you go through SAG they will furnish you with the appropriate contracts...the ultra low budget agreement is very do-able for the filmmaker with little in the way of money...$100 per day basically...

If you sell to a distributor for DVD release you will need more than just releases. You will also be expected to supply DELIVERABLES...you can find a typical sample list here...
http://www.igfdb.com

Good luck, Clint!
Stan Harrington
www.xristosproductions.com
 
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Whew.

Whew.

Actually, deliverables are a piece of cake, I work in a post house as a DVD author and editor, got plenty of contacts and deals for captions, subtitles, cheap work stock, etc, just never knew the term deliverables from a filmmaker point of view. Ahh, I can relax now a bit more, whew.

Thanks Stan The Man, You the Man.
 
If you really want to do it right you should really consider going union...it really isn't as scary as you might think...I shot 2 features under the ULB contract for $5,000 and $8,500 respectively...my second film had a Golden Globe Winner and two other name actors...If you get the right project, you will attract the right talent and then just work your schedule so that you shoot efficiently...by that I mean, be ver prepared so you shoot fast...don't write a script with a lot of actors or locations and that way you can get your actors shot in a short period of time...To be more informative, of the budgets that I incurred, about half was in salaries...not bad really if you think about it.
My book about how to shoot a movie with no budget covers a lot of this too...if youm want to check iot out you can find it here... http://www.vasst.com/product.aspx?id=538063e0-671c-45cd-9822-4810ba7f2065


Good Luck,
Stan Harrington
 
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Yes...I am a SAG actor...But I am a filmmaker too and unless I am exclusively using non union talent for any reason, I always recommend it. I suggest going union because SAGINDIE have gone a long way to making their contracts more palatable for low budget films... it's no longer a situation where your budget gets out of control...also because of the talent pool you can draw from especially if you want to hire some kind of a name..., and the problems you avoid down the line. If you are not casting union talent then that's another story...

I hope that answers your question...

Best,
Stan Harrington
 
Thanks Stan.

Good to hear SAG is trying to be mindful of the budgetary restrictions that often exist with independents.

What problems can you run into down the line if you don't hire union actors using union contracts?
 
Union actors can jeopardise their careers if they are fairly new and decide to try to do non union projects...if they lose their union affiliation then trying to get an agent can be a huge problem for them and believe me, actors turn over agents like car salesmen turn over dealerships...It is hard enough getting work but to do it without an agent limits you even more. Now with SAG really working on making themselves producer friendly, there is even less reason for some of the actors to risk it...and conversely more reason to go the "desired" route, where everyone benefits.
To illustrate the improvements, The older Experimental contract was good if you didn't want to pay the actors anything upfront, but what was not known to those producers that didn't read the fine print was that they didn't even own their own film...by that I mean that anyone of the cast could veto it for whatever reason they wanted...The next step up on contracts gave the veto back to the producer for $100 per day but if you got distribution, you get hit with the balance of the full rate which would have put a movie like mine...shot for $5,000...wages bill about half...suddenly up to a payout of near $25,000!!!
Getting upfront money is hard enough but even to look at a bill that is 5 times your budget seems terribly unfair...

Now, SAGINDIE have merged both those contracts toigether and formed the ULB contract that is $100 per day per performer...but no step ups!!! Brilliant! Now a producer that may perhaps go the self distribution route doesn't suddenly have to find tens of thousands of dollars...or the distributor you are tryong to sell it to isn't expecting to get hit with a huge step up bill which would probably nix the deal...that's it simplified...I don't want to take up too much of the page but I see you put up the link to SAGINDIE which is great and a better source for precise info...

Hope that helps,
Stan The Man
 
I read the agreements.


Still a bit too steep for me as an independent producer even at the first two levels.


But it's good they are trying.


I say if an actor wants to act then they should be able to act.


It's nice to have protection but it's also nice to have the freedom to make deals on your own.


I absolutely can appreciate actors wanting and even needing to be in a union.

I also understand a producer needing to hold the line on cost.


Both parties must be free to negotiate and strike a deal as they see fit.
 
Hey Este and Stan!

Hey Este and Stan!

You seem to know alot about the question I am about to ask.

Can I use union, SAG or any other union actors in my independent film. I told them I will only pay them meal/ copy/ credit, and they said thats perfect, they just want to be in it. How can I sign a contract with them, just a typical actor release form or a special sag actor release form, they said they are willing to work as a non union actor for my project, so please help what should I do? Thanks. I really want them to be in it too I dont want to give them the boot, nor do I want to pay anything to SAG if the film goes theatrical or to DVD.

Thanks.
 
All I can tell you is that the actor's are taking a risk...actors do it all the time because they need and want work...but bear in mind, with the ULB contract, once you pay the actor the $100 per day, you don't have to pay anything else if it sells to dvd...it's once only...other than the residuals...you can avoid all this if you go non union but I cannot tell you that it won't have repercussions...it may not, but it may...SAG have a funny way of finding stuff out sometimes...I have had them call me off of IMDB to check on something once...thank God it was an error on IMDB. Ultimately though, the person most at risk is not you, it's the actors...if they don't care then it's between you two... It's not an easy subject...

Stan the Man
 
Clint Nitkiewiz Hernandez said:
You seem to know alot about the question I am about to ask.

Can I use union, SAG or any other union actors in my independent film. I told them I will only pay them meal/ copy/ credit, and they said thats perfect, they just want to be in it. How can I sign a contract with them, just a typical actor release form or a special sag actor release form, they said they are willing to work as a non union actor for my project, so please help what should I do? Thanks. I really want them to be in it too I dont want to give them the boot, nor do I want to pay anything to SAG if the film goes theatrical or to DVD.

Thanks.
Click to expand...

First:

DISCLAIMER:

Legal Information Is Not Legal Advice

This thread's sole purpose it to discuss information and experiences and is for informal purposes only and is no way, shape, form, or fashion intended to give legal advice. No information contained herein should be considered legal advice under any circumstances.

"Legal information" is not the same as "legal advice" -- the application of law to an individual's specific circumstances. If you have the need for legal advice it is recommend you consult a duly qualified attorney if you want professional assurance that any information contained herein, and your interpretation of it, is appropriate to your particular situation.


With that said, you are not under any legal requirement whatsoever to use a union contract unless you are a signatory with the guild.

You are free to contract as you see fit.

You must protect your interest and that will be best served by getting a very strong release from each and every actor as well as for locations, songs, script....

One good resource you might consider is;

Clearance and Copyright: Everything the Independent Filmmaker Needs to Know

The author prominent and well respected entertainment attorney Michael C. Donaldson.

It also might be in your best interest to do some detailed research on what you might require and then to consult a legal specialist to look over and finalize everything.

You should look out for your interest first and foremost and let the actors worry about theirs.

Treat them with respect and never lie to them, but you do not need to be their advocate.

you need to be your advocate.

Hope that helps.

All the Best.
 
There is also a difference between what is legal and what is optimal...just as you may choose to go non union, which, as stated earlier, you are under no legal obligation not too, it doesn't mean that that is the best way to go just because you save a few bucks...A union can choose not to admit an actor or to ban an actor if they violate their rules and in this business, if you want longevity, you need to be represented as an actor...and all reputable agencies are governed by SAG...it is not about a law, it is a condition that exists...again, you are not at risk as a producer as such, it is the actor that takes the risk by going under a pseudonym (or even their real name)...People do it all the time...I'm not saying that you will get into any legal trouble...I'm sure you won't ...and if you only care about your side of things then the fact does remain that it isn't your problem...it is the actor's...These are the difficult decisions you make as a producer so think it through...I am only suggesting (not advising) that you consider the ULB contract...I did and once I did it, I found that I had a lot less to worry about, it gave my project more validity, and I could hire from a bigger pool of talent that included names.

You should always, at the very least, educate yourself about the contracts so that at least you know what you are discounting if you choose to go that way. Knowlege is Power.

Just my thoughts...
Stan The Man
 
Stan... come on...

stan harrington said:
...it doesn't mean that that is the best way to go just because you save a few bucks......
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If it's just a few bucks... sure....

But, if it's in the thousands that's not really a few bucks now is it?


stan harrington said:
...I found that I had a lot less to worry about, it gave my project more validity...
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?????

What in the world do you mean?


stan harrington said:
... and I could hire from a bigger pool of talent that included names...
Click to expand...

If you got the money you can... but you have to have the money.

The only end around the money is to have contacts and to get a big name actor to fall in love with your script.

Absolutely possible.

Very very very improbable.


stan harrington said:
...
You should always, at the very least, educate yourself about the contracts so that at least you know what you are discounting if you choose to go that way. Knowlege is Power.

...
Click to expand...

Yes indeed.

You should know exactly what the contracts say and your should know that you are not risking anything by not using them and that you may indeed gain by using them in other certain circumstances.

It's all about budget.
 
Well...I don't believe that you need that much...my second feature (82 mins) had 3 name actors and the total budget of the film came to $8,500...it was shot on a ULB Contract...a little more than half of that ammount went to salaries so yes, it is thousands, but what do you consider low budget...I think my budget was pretty low...micro budget by most standards.

To answer your ????? I had validitiy because known actors won't do a non union film...You can't hide an iconic star either by simply changing his name...No. They won't do it...why should they if they are basically doing it for next to nothing...It's too much to ask. I work in a Theater where Actors, Writers, Directors pass through everyday and I can tell you that from my experience, when you tell them you did a SAG feature, it gives it far more credibility

"If you got the money you can... but you have to have the money."

No. I never used any of those actors for more than 3 days...that's $300. You plan and schedule them to get thenm in annd out quickly...this makes it more attractive to them too because they aren't tied to something that isn't paying for an extended period...$300 is not a lot...It's not impossible to get them either. I came here from another country and I found a way...Nothing is impossible and it is quite probable...The last festival I went to was littered with name talent...Many low budget films and a first year festival too ...and no, it wasn't anything like Sundance...

Good topic though...

Cheers,
Stan The Man
 
stan harrington said:
Well...I don't believe that you need that much...my second feature (82 mins) had 3 name actors and the total budget of the film came to $8,500...it was shot on a ULB Contract...a little more than half of that ammount went to salaries so yes, it is thousands, but what do you consider low budget...I think my budget was pretty low...micro budget by most standards.

...
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Not terribly expensive but, as you have just admitted it was 50% of your total budget.

Maybe you could have negotiated a better deal. Maybe not. Maybe the SAG contract actually SAVED you money somehow.


My only point is by your own admission you couldn't negotiate lower because you were forced to use SAG minimums.


stan harrington said:
...

To answer your ????? I had validitiy because known actors won't do a non union film...You can't hide an iconic star either by simply changing his name...No. They won't do it...why should they if they are basically doing it for next to nothing...It's too much to ask. I work in a Theater where Actors, Writers, Directors pass through everyday and I can tell you that from my experience, when you tell them you did a SAG feature, it gives it far more credibility

...
Click to expand...


Hmmm....

"Known" actors lending validity?

Maybe... if they are good actors... if they sucked they could have just blown your whole film.

Cloverdale is a $25,000,000.00 film that specifically fought to use "unknown" actors.

Each project has different needs.

Most important thing is to get the best acting possible.

Wouldn't you agree?


Now, will a SAG actor work without a SAG contract. I guess it depends on the actor and the money or OPPORTUNITY you throw at them.

All depends.

But, a solid actor who gets tons of work is most likely not going to work outside of a SAG contract unless it is an extraordinary deal for them.


I really don't think anyone in "The Biz" gives a **** about anything other than did the movie make a killing or was it absolutely moving and extraordinary art.

Other than that... meh.....


stan harrington said:
"If you got the money you can... but you have to have the money."

No. I never used any of those actors for more than 3 days...that's $300. You plan and schedule them to get thenm in annd out quickly...this makes it more attractive to them too because they aren't tied to something that isn't paying for an extended period...$300 is not a lot...It's not impossible to get them either. I came here from another country and I found a way...Nothing is impossible and it is quite probable...The last festival I went to was littered with name talent...Many low budget films and a first year festival too ...and no, it wasn't anything like Sundance...

Good topic though...

...
Click to expand...

It is a great topic.

I would suggest to you that you will not get big name actors working on small films all that often.

I would suggest to you that it is more of an exception than the rule and that one of the reasons they do it. Perhaps even the biggest reason is that they love the project.

They obviously aren't doing it for the money if they are being paid just a few hundred or even a few thousand bucks.

The trick is to get their attention.

That takes money or connections.
 
This has been very interestin. So, Stan, what you're saying is that the new SAG ULB contract signed by a SAG signatory producer means that the producer pays $100 to agreeable actors and nothing more - absolutely nothing?

And, does the Producer have to put the salaries for the actors in escrow with SAG and pay the $100 in addition to the actors and then get refunded the money from SAG later?

Who pays the residualas? If I release the movie myself, will SAG bill me? Who bills me?

Do I own the movie at all times, if I sign the SAG signatory contract?

Thanks for your help.
 
Stan's correct on going SAGIndie with the ULB to get SAG (especially recognizable faces) talent. There is one caveat though. The film must have a public theatrical release. This means you either have to get it into a festival OR four wall it. If you make it and go straight to DVD, then it falls under the Basic Agreement and you become liable for the higher pay rate.

But if you're going with a feature and any real hope of selling it, you're going to need a "name" actor...at least D-list.

If you're doing a short there is even a better SAGIndie contract...The Short Film Agreement. Here, EVERYTHING can be deferred (assuming your actors agree to it) and, as with the ULB you can mix and match SAG and non-union actors. Also you are not required to use any SAG background talent, though there may be incentives to do so. I really all depends on the budget. And really, I don't think anyone would seriously believe they have much of a chance of getting a feature sold with less than a $5000 or $8500 budget. No in the "real world" at least. The caveat for the theatrical showing also applies to the Short Film Agreement, SO make sure you get it into a festival BEFORE going DVD with it or once again, you fall under the Basic Agreement...a lot more money.
 
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