Steve House
Veteran
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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 'poo poo 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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You might be interested to know that courts routinely void contracts that contain provisions that they feel are unduely onerous. If you aren't paying your actress, then any contract you have with her is void since there is no consideration being exchanged. Courts also take a very dim view on contracts containing exclusiviity or non-compete provisions so restrictive that they require people to essentially give up their right to make a livelyhood. For you to be justified in claiming a fee if your actress receives an offer from Sony, you will need to demonstrate that you personally made it possible for her to receive that offer. An agent actively works to find their clients work - it is in return for performing that work that the "finders fee" you're wanting to collect is for. If you don't approach Sony, send them her reel and bio, do all the things to create that offer from Sony for her, and negotiate the best deal for her that you can get, then you have no right to either stand in her way of accepting the offer or any legitimate claim to any portion of the earnings she might receive.