Film Contracts

WhiteWood

WhiteWood

Carbonite Member
Hey guys, My name is Tommie Green. I own a film company called 'WhiteWood Entertainment'. For two years now I've been making short films for fun with TONS of people. NOW, with the uprising of websites that allow you to make money, my films are making me money. YouTube pays me for my films, MyxerTones pays me for my Ringtones to my music videos and Snocap pays me for my MP3's alongside TONS of other sites.

Now that I'm making money, people are getting antsy and feel that they are due to their share. Thing is, they HAVE no share. They made these songs for MY FILMS, they acted in MY FILMS. Everything is mines, so now I basically need people to sign their rights away. I need contracts. Here are some contracts I need:

-I need a contract that signs ALL of an actors rights away. If he blows up, he CAN NOT tell me what to do with MY film with him in it, he does not own the rights to his performance at all. He CAN NOT upload my films on websites and make money off of them just because he acted in them. He can not sell or make profit off it in ANYWAY. What's the name of this contract?

-I need a contract that signs most of an artist's/music producer's rights away. Same thing as with the actor. They can still own the rights to their music, but I have FULL freedom to do what I may with the track, as long as it's tied to my film, be it online, commercial, trailer, theatrical release, etc. What's the name of this contract?

Once I find the name of these contracts, where do I go to D-load them? Thanx for the help in advance.
 
yea those kind of things need to be signed before production... and if they dont agree to it now that production is over, there isnt much you can do... except pay them... you cant force them to give up their stuff
 
WhiteWood said:
Thing is, they HAVE no share. They made these songs for MY FILMS, they acted in MY FILMS. Everything is mines, so now I basically need people to sign their rights away.
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Hm, I really hope this isn't the attitude that you took with them, because the truth is that they ARE entitled to their contribution on the films unless it's been clearly stipulated in advance. Everyone else already said it: this is something that should have been taken care of well before shooting ever starts. Now it's a complete legal gray area because they can claim partial ownership of the projects and demand a share of the profit. No way will they sign a contract giving you a free reign.

The best way to resolve this is to sit everybody down and discuss a way that you can fairly compensate them for their work in exchange for a release. If they start demanding too much, make them understand that if they force you to pull the videos (which is certainly within their power), nobody profits. But the important thing is to not to adopt a "MY FILM, MY PROFIT!" attitude; people deserves to be compensated for their work, that's only fair.
 
Huy Vu said:
Hm, I really hope this isn't the attitude that you took with them, because the truth is that they ARE entitled to their contribution on the films unless it's been clearly stipulated in advance. Everyone else already said it: this is something that should have been taken care of well before shooting ever starts. Now it's a complete legal gray area because they can claim partial ownership of the projects and demand a share of the profit. No way will they sign a contract giving you a free reign.

The best way to resolve this is to sit everybody down and discuss a way that you can fairly compensate them for their work in exchange for a release. If they start demanding too much, make them understand that if they force you to pull the videos (which is certainly within their power), nobody profits. But the important thing is to not to adopt a "MY FILM, MY PROFIT!" attitude; people deserves to be compensated for their work, that's only fair.
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Okay, no, that is not my attitude with THEM. But it IS how I feel. And DUH! I KNOW that you have to sign the contracts BEFORE production, but that's the phase that I'm getting into in my company RIGHT NOW, now that we're making money. I know that everyone ever involved in my productions will sign their rights away because frankly, they don't care. the films get millions of hits and make me hundreds of dollars and they don't care. They'll just look at it, say 'whatever' and sign. But I'm about to go look @ the contract sites that you guys suggested. Thanx.
 
MichaelP said:
http://www.filmtvcontracts.com/index.html

But the issue might be that these should have been in place before the videos were made.


Michael
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Thanx alot, went here, found the name of the contracts I wanted and found them for free elsewhere on the net. "Spend as little as possible" Is my motto. THANX!

Okay, NEW QUESTION:
My friend, a rapper, was with a record label. A major label wanted to sign him, so the major label had to pay his current label a FINDERS FEE just to sign him. I know that that same situation can apply to Actors... or can it? Say I have an actress in my film company and Columbia wanted to use her for a film or have her sign a 2-picture deal with them, couldn't I have them sign a finders fee of 10%? And if so, what's the name of THAT contract. I'm finding LOTS of contracts online for Finders Fees, but they're all business oriented to things like Real Estate
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yeah you're screwed. if the contracts weren't in place beforehand then thats really too bad for you.

you could do a budget, figure out there percentage and give them a flat rate and have them sign their rights away forever or become a car salesman for a while and learn how to play the con game, producing is just that....tell them whatever you need to and just get them to sign off for 5 bucks so it will be legally binding. without a transfer of funds your contract isn't worth the ink you used to write it with.

Or you could put in a retarded clause that states they will get 100% of the profits for distribution in certain territories, ie. iceland. you'll figure it out...at least you are making money brah
 
i think with the rapper friend of yours its a matter of him being signed to another label, the other label was just taking over his contract and bought those rights from his previous label.

How can you claim a finders fee for an actress? Did you sign an exclusive deal with her to your production company that stipulates she cannot work for anybody else unless you approve? I doubt you did considering you don't have contracts in place for anything..


I have some advice for you: learn the business side of it or you're going to be spending a lot of time and money in the courtroom for the rest of your career. If you are making money, it's a business. maybe consider consulting a lawyer about this and not grabbing contracts from the internet.
 
Saved for posterity. Now, where do I go to email your actors so they can be told you want to ensure they have no rights over their work and get no pay for their efforts....

WhiteWood said:
Hey guys, My name is Tommie Green. I own a film company called 'WhiteWood Entertainment'. For two years now I've been making short films for fun with TONS of people. NOW, with the uprising of websites that allow you to make money, my films are making me money. YouTube pays me for my films, MyxerTones pays me for my Ringtones to my music videos and Snocap pays me for my MP3's alongside TONS of other sites.

Now that I'm making money, people are getting antsy and feel that they are due to their share. Thing is, they HAVE no share. They made these songs for MY FILMS, they acted in MY FILMS. Everything is mines, so now I basically need people to sign their rights away. I need contracts. Here are some contracts I need:

-I need a contract that signs ALL of an actors rights away. If he blows up, he CAN NOT tell me what to do with MY film with him in it, he does not own the rights to his performance at all. He CAN NOT upload my films on websites and make money off of them just because he acted in them. He can not sell or make profit off it in ANYWAY. What's the name of this contract?

-I need a contract that signs most of an artist's/music producer's rights away. Same thing as with the actor. They can still own the rights to their music, but I have FULL freedom to do what I may with the track, as long as it's tied to my film, be it online, commercial, trailer, theatrical release, etc. What's the name of this contract?

Once I find the name of these contracts, where do I go to D-load them? Thanx for the help in advance.
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Texanite said:
Saved for posterity. Now, where do I go to email your actors so they can be told you want to ensure they have no rights over their work and get no pay for their efforts....
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Sounds like a good way to piss people off and burn all of your bridges hey?
You should be very happy that these people were willing to contribute to your film. Without then you wouldn't have sh*t so why would you want to screw them all over in the first place? To be honest I don't know who in their' right mind would ever want to work with you again, and if they didn't know that you were such a cheap ass I feel really sorry for them.....go back to boosting cars kid because what your doing is immoral.
 
WhiteWood said:
Thanx alot, went here, found the name of the contracts I wanted and found them for free elsewhere on the net. "Spend as little as possible" Is my motto. THANX!​



Okay, NEW QUESTION:
My friend, a rapper, was with a record label. A major label wanted to sign him, so the major label had to pay his current label a FINDERS FEE just to sign him. I know that that same situation can apply to Actors... or can it? Say I have an actress in my film company and Columbia wanted to use her for a film or have her sign a 2-picture deal with them, couldn't I have them sign a finders fee of 10%? And if so, what's the name of THAT contract. I'm finding LOTS of contracts online for Finders Fees, but they're all business oriented to things like Real Estate​
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Simply appearing in one of your films does not make an actor or actress your slave, your property bound to you forever. You can have a contract with them that includes an 'exclusive employment' provision that they can't work elsewhere for a certain period of time, in which case if someone else wants to employ them before their contract with you ends they could offer to buy out the contract. This attitude that you are the only one who has any rights and is entitled to any rewards is the attitude of the thug and the exploiter, the slaver, not the attitude of an ethical businessman.

Unbridled greed generates bad karma, my man, especially in a collaborative venture such as filmmaking. To expect a group to work and do their best in order to make YOU rich without sharing the rewards themselves is completely unreasonable and will inevitably plunge you into failure. The best way to get rich is by making the people who work with you rich along the way.
 
Paunch said:
How can you claim a finders fee for an actress? Did you sign an exclusive deal with her to your production company that stipulates she cannot work for anybody else unless you approve? I doubt you did considering you don't have contracts in place for anything..
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THIS is the contract I'm looking for! What's the name of it (And I'd get a lawyer if I could afford it.) And to address the comment above you, THEY ALL WILL SIGN. They did it for fun and don't care. I'm doing this to protect myself against FUTURE claims.
​
 
WhiteWood said:
THIS is the contract I'm looking for! What's the name of it (And I'd get a lawyer if I could afford it.) And to address the comment above you, THEY ALL WILL SIGN. They did it for fun and don't care. I'm doing this to protect myself against FUTURE claims.​
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And what about your obligation not to take advantage of their generosity? They helped you with their talent, don't you owe them fair treatment in return?
 
Steve House said:
And what about your obligation not to take advantage of their generosity? They helped you with their talent, don't you owe them fair treatment in return?
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If they did it for free @ the time and still don't mind that they did it for free, we're all friends, we all did it for fun, so why should it matter. Fun and exposure and demo reel footage. But @ the end of the day, they're my films and I want to protect myself from these old 'friends' coming to bite me once I'm rich. We'll all still be friends afterwards.
​
 
WhiteWood said:
If they did it for free @ the time and still don't mind that they did it for free, we're all friends, we all did it for fun, so why should it matter. Fun and exposure and demo reel footage. But @ the end of the day, they're my films and I want to protect myself from these old 'friends' coming to bite me once I'm rich. We'll all still be friends afterwards.​
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Speaking from experience it's best to leave friendship at the door when entering into a business agreement. I had a friend donate some time and services to my film...(which hasn't been released yet) and not too long ago he threatened to sue me. Now i'm not planning on cutting him out, but he will get what he deserves if the film makes a profit. With that said, I'll never work with him again and you'd better be ready for you friends attitudes to change once you start making money on this stuff. Personally if i'd done some work for you and you cut me out completely I'd be pissed, probably seek legal advice and cut ties with you as a friend.

Don't think that you'll be friends with them afterwards if you don't plan on comping them in return for their services.
 
Paunch said:
Speaking from experience it's best to leave friendship at the door when entering into a business agreement. I had a friend donate some time and services to my film...(which hasn't been released yet) and not too long ago he threatened to sue me. Now i'm not planning on cutting him out, but he will get what he deserves if the film makes a profit. With that said, I'll never work with him again and you'd better be ready for you friends attitudes to change once you start making money on this stuff. Personally if i'd done some work for you and you cut me out completely I'd be pissed, probably seek legal advice and cut ties with you as a friend.

Don't think that you'll be friends with them afterwards if you don't plan on comping them in return for their services.
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These films were done years (Nov '05-currently) ago for fun. Money was never an object. I'm assuring that it never will be
​
 
I think you don't have much of an idea what is going on.

First off YOUTUBE doesn't pay anyone to make projects. Ever.
You can become a partner and claim advertising on your videos, but even if you have a few million views that is not going to be a ton of money after taxes. (Say you have a million people look at your advertised videos on youtube - this doesn't count views you get from embeds or channel views) - that's a little under 7,000 dollars.

On top of that, whatever money you make off of any projects, you better start to dish out to your companions or you'll be sued really fast. Granted , you made them for fun, but intellectual property can bite your ass if you aren't well protected.

I love your motto
"Spend as little as possible" Is my motto. THANX!
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You plan on doing that when you get heart surgery? Knowing contracts is as important as knowing how to speak if you want to make money out here. Instead of stealing stuff on-line, work a few days on a commercial or movie shoot as a 2nd AD (or 2nd 2nd) and look at the paperwork the professionals are using. You get what you pay for dude.

You already have no idea about business, so please , for your own sake, don't act cocky.

1) you can't claim a finders fee on anyone. There are agents who get these people actual work and managers. So what if they get big, good for them, they deserve success for working hard for free. Try asking SONY pictures for a finders fee.... i bet they'll return your phone call.

2) You need 3 pieces of paper when signing on to do a project.
a) a right to represent likeness ...
if you don't have that no distribution company that is worth anything will sign you. This states that they allow you to use this footage for any reason and edit it accordingly. It can be used in print and tv commericals, etc.
b) an offer sheet / actors agreement on terms. THIS protects you from that average Joe from getting a lawyer and suing you and your production company for everything its worth.
c) if they are part of a union you need to sign a SAG agreement and have them sign in. There are various SAG Agreements and you have to get this done several weeks in advance. Sometime you even have to go to a class if its big enough.


As mentioned, anyone who worked for you for free could legally ask you for a portion of the profits and get it. This was a collective project and for you not to give them anything will get you in trouble.

When i first came out here ... I won a contest on E! for 5 grand (we didn't even know there was money for it). They needed all of that paperwork above in their hands in 3 days or they were going to let another person win it. One of the actresses that we didn't know said that she wanted half of the money or she would sue us. It ruined our relationship with her.

There isn't one veteran out here that hasn't lost a friend due to "shafting" or other money issues. And out here it's not who you know, its what's known about you.
 
dasher said:
I think you don't have much of an idea what is going on.

First off YOUTUBE doesn't pay anyone to make projects. Ever.
You can become a partner and claim advertising on your videos, but even if you have a few million views that is not going to be a ton of money after taxes. (Say you have a million people look at your advertised videos on youtube - this doesn't count views you get from embeds or channel views) - that's a little under 7,000 dollars.
​
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YouTube doesn't pay me to MAKE projects, I'm a partner so they pay me for the advertising. And I've been getting the checks from them since February, so fall back on trying to explain YouTube money to me.
​

dasher said:
I love your motto You plan on doing that when you get heart surgery?
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When it comes to FILM. Not clothing or.... Heart surgery.
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dasher said:
1) you can't claim a finders fee on anyone. There are agents who get these people actual work and managers. So what if they get big, good for them, they deserve success for working hard for free. Try asking SONY pictures for a finders fee.... i bet they'll return your phone call.

2) You need 3 pieces of paper when signing on to do a project.
a) a right to represent likeness ...
if you don't have that no distribution company that is worth anything will sign you. This states that they allow you to use this footage for any reason and edit it accordingly. It can be used in print and tv commericals, etc.
b) an offer sheet / actors agreement on terms. THIS protects you from that average Joe from getting a lawyer and suing you and your production company for everything its worth.
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1. The contracts that I'm having my actors sign include both a & b.
And just cause they're Sony doesn't mean that they're exempt from contracts. All that means is they can give me MORE money. If they find an actress from one of my films that she's in and she previously signed a contract with me stating that she's with my company, MAYBE Sony would have a great lawyer weave through my contract and find an error so that they don't have to pay, but other wise, they would. The only way I would say '**** the finders fee' is if they threatened not to use her at all if I charged them a finders fee. Which I don't see them doing. But I'd pull out because I wouldn't want to destroy anyone's future.
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dasher said:
When i first came out here ... I won a contest on E! for 5 grand (we didn't even know there was money for it). They needed all of that paperwork above in their hands in 3 days or they were going to let another person win it. One of the actresses that we didn't know said that she wanted half of the money or she would sue us. It ruined our relationship with her.
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HALF?! That's one of the WORST THINGS I've EVER heard (When it comes to short film) That *****. What did you guys end up doing? I would have DARED her to sue me. Depending on her role, I would have cut her $500-1G maybe, with an official breakdown as to how much everyone is due. Including writers, producers, and directors fees for myself will bring MORE than half of it to me.
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