Film Contracts

WhiteWood said:
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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.
 
Steve House said:
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.
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You make a perfect point. I really have nothing to say to that. I mean, I agree that I have no right and it is wrong, but two things:

1.) I think that I could still do it and it'll stick in court if I were that cruel.
2.) What is the name of the contract that Studios have Actors sign that is usually described a '# Picture Deal' saying that they can't make films with another company until they've served their contract?
 
Dude, I don't think ANY of this is getting through to you.

As a businessman, you have an obligation to make as much profit as you can, but as a PERSON, you also have an obligation to make sure that everyone who worked with you get fairly compensated.

Did you sit everybody down and tell them, "Hey guys, the film is making money and you guys are entitled to some of it?" I very much doubt that you did.

WhiteWood said:
I mean, I agree that I have no right and it is wrong, but two things:

1.) I think that I could still do it and it'll stick in court if I were that cruel.
?
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Even now, you're planning to further EXPLOIT the people who've worked with you despite the effort of every one here to explain to you that it's unethical. Just because these people are your friends doesn't mean this won't come back and bite you in the ass one day. You reap what you sow, my friend.
 
Studio contracts really don't exist anymore. There are first right deals that you can have, but the simple fact is that this person (that is working for you) deserves minimum wage if you are indeed making money off of this.

Study up on intellectual property. If you were an actor for free in a project that was unscripted, then you can claim that the video is as much yours than anyone else involved.

I just don't get why/how you don't want to pay the people working for you if you're making money. That's really, really bad karma.

Once again, go to any study or director and ask for a finders fee. The most they'll do is give you a thumbs up and mark you on the crazy list.
 
Tommie, just a word of advice "LEARN THE BUSINESS" or your going to run into serious trouble resulting in litigation yada yada yada. I notice you have a lot of big time music in some of your ****, not to say you'll have problems but if something you make becomes a big hit, be careful cuz them peeps at G-unit records can come down on you and make sure you be flippin burgers just to pay off the lawsuit. You seem like you got a lot of good **** going on, just learn how to cover your ass....check out "the pocket lawyer for filmmakers" and other books you can grip at any bookstore....business is 95% of filmmaking.
 
Hey Whitewood...

Just remember that you don't own anyone. Also bear in mind how much it costs to go to court. Sure, you can claim rights to certain intellectual property, but without a contract at the head end, you will have real troubles, especially if someone with deeper pockets than you decides to sue you. Can you afford to pay an attorney $150.00 to $350.00 per hour? There goes all you Youtube profits.

I just finished work on a project, for free, no contract at the beginning, had a dispute with the screenwriter/director, and pulled my work. Long story short, what can he do? Nothing. Without at least a "work made for hire" agreement, he got screwed...as well as everyone else. No one benefited.

All I ask, don't Shi* on people. It will come back and bite you 10 times worse. Sounds to me like you have some growing up to do. Behave like a professional. You give us all a bad name.

Jeffro
 
WhiteWood said:
These films were done years (Nov '05-currently) ago for fun. Money was never an object. I'm assuring that it never will be​
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So they didn't care about getting paid then, and they don't care now -- but they MIGHT care someday, and when that day comes you don't want to give them a dime???

Wow....
 
Paunch said:
Tommie, just a word of advice "LEARN THE BUSINESS" or your going to run into serious trouble resulting in litigation yada yada yada. I notice you have a lot of big time music in some of your shi*, not to say you'll have problems but if something you make becomes a big hit, be careful cuz them peeps at G-unit records can come down on you and make sure you be flippin burgers just to pay off the lawsuit. You seem like you got a lot of good shi* going on, just learn how to cover your ass....check out "the pocket lawyer for filmmakers" and other books you can grip at any bookstore....business is 95% of filmmaking.
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I wouldn't sweat the lawsuit. I'd worry about the $250,000 FINE and the 5 year PRISON sentence for copyright infringement.

But that's just me. :)
 
First, you don't make FILM, you shoot videos.

Second, you have the worst attitude I've ever seen from an amateur videographer, I hope your actors and crew that work for free all find a way to see this thread. Wow. I'm from the Lloyd Kaufman school of film making and am all about sucking all I can out of my cast & crew for as little as possible, but on the flipside, I also make a point to baby them, praise them endlessly for their contribution, and if something does actually make money, pay them fairly. When I do non-spec'd work, I do it for the love it of, and most people who do it with me are doing so as well. It sounds like you've lost that part of it to greed, if you ever had it.
 
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can I have your real name so I can avoid you at all costs? now, I totally understand making sure that what is yours, is credited as yours. and I understand getting paid for your efforts. but what you are doing is trying to cheat the system by exploiting people who are doing you favors. a bunch of people have already said it, but not nearly as harshly as I'm going to: what you are doing is poo pooED UP. I, like other people on this forum, recognize that film ventures (and what you are doing isn't film, by any stretch of the imagination) are very much a collaborative effort and therefore require cooperation and mutual respect, neither of which you're giving to the people who did you a favor.

I certainly hope that this comes back to bite you in the ass. I hope, somehow, that one of your friend-actors sues your ass for every penny you've made making advertisements for youtube's shi*ty videos. because what you're doing is not legit, and you shouldn't be entitled to anything because of it. I'm sorry to be so blunt - normally I participate in these forums because of the incredible knowledge that can be gained from such a highly rated community of filmmakers but you just pushed me over the edge. I can't believe anyone worked for you, ever.
 
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Wow, was WhiteWood really serious in all of his posts? Yikes! This has been some entertaining reading...
 
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