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sag shorts agreement said:5. Exhibition Rights
The Short Film may be exhibited without compensation to the professional performers:A) At film festivals;6. Further Distribution
B) Before the Academy of Motion Picture Arts and Sciences for possible Award consideration. (Note: In this regard, the Producer will be permitted, notwithstanding the exclusion in section 4(B) above, to exhibit the Short Film for one (1) week in a paying movie house to qualify for such consideration.);
C) To non-paying, non-public, established entertainment industry members to showcase the talent of the producer, director, writer, performers or other members of the production or post- production team;
D) On one (1) public access channel for not more than one (1) year from the first run date, provided neither the producer nor any of the principals in the production receive any compensation for such exhibition and provided further that the Guild is advised of the first air date and the station on which the Short Film will run.
A) Producer agrees that prior to exhibition of the Short Film beyond the scope of Section 5, above, it shall:i. Pay all professional performers employed on the Short Film not less than $100.00 for each day worked. [Note that if a professional performer's performance does not appear in the distributed version, such professional performer shall receive the deferred payment.]
ii. Consecutive employment provisions of the collective bargaining agreement do not apply when calculating the deferred payment, unless the performer was on an overnight location during the filming of the production.
iii. Make contribution to the SAG-Producers Pension and Health Plans based on the gross compensation due the professional performers at the percentage applicable at the time of principal photography on the Short Film.
vi. All compensation paid to Performer under the terms of this Agreement shall constitute wages and is subject to deductions for Social Security, Taxes and Disability Insurance. You shall make the required payments, reports and Withholding Deductions with respect to such taxes and premium. You shall also provide Unemployment Insurance for Performers employed by you.
vii. Professional performers must receive payment no later than the first date of exhibition or availability outside the allowed markets
This guy sounds like a whiney ass-hat.
Many of the provisions he cites as highway robbery are standard in about all SAG agreements, and I guess they are a surprise if you've never dealt on a professional level before, but they were nothing I did not expect.
I've always been critical of SAG for being slow at change, but residuals are not a "hold-over from the old Hollywood." They are in fact there, because the OLD old Hollywood would just keep all the money and pay performers nothing.
I'll go through the agreement again, but when we went through it before, it didn't seem like it was going to hinder anything we wanted to do with our sales strategy.
Maybe talk your actors into taking your contract instead. But then it's on them with SAG.
Why do you want to use SAG? Hate to rain on anyone prade but SAG SUCKS!!!!! They love to have control of your project. Giving those clowns your hard earn dollars is like throwing money away. I can't find one good reason to use them. If you have a talent that is known that is part of SAG you can go to a right to work state and still shoot your film with the BS. A guy I know shot a film in Arizona a few years back and got a very well known actor to do the lead role without dealing with SAG. Okay that is my 2 cent worth![]()
Again, residuals toward actors is just fine. It's as fair as I think residuals for writers would be. How else are we supposed to keep it a business and live off of this stuff?
However, it also seems like a serious pain in the ass to try and get the movie distributed and for producers to continue working when you're not getting much money back if you do get a decent sale. Or, say self distribution, if they're ripping so much out from under you to begin with, then what's the point?
Seems like you'd just shoot the movie, give it away for free and ask for donations if someone likes it, and turn out better.
P.S I didn't look at the rest of his website at all. Maybe I should have? Lol
How do you translate the UBLA into "ripping so much out from under you to begin with?" It defaults to the standard agreement in the case of say, DVD sales. That is, what 3-6% of gross reserved for the actors? What's the number?
In all likelihood, you are going to have to negotiate something similar with your composer for music, or the music company for music rights. They will want a piece of your movie forever too.
Also, consider the fact that you are much less likely to find actors as good, who are non-SAG. This is simply because sooner or later all actors who reach a certain skill level wind up there. And if your actors suck, your movie sucks- unless you land Lorenzo Lamas, then you're movie poo pooing rules no matter what!
Anyway, I am going to read through it again and will report back if it suddenly strikes me as crazy...
Sure, until you've earned back your initial investment, the residual is an additional cost that you must bear (just like manufacturing and distributing the DVDs is an additional cost for self-distributors), but it is a pretty small one.
If you are self-distributing, the residual is 4.5% of distributor's gross for the first $1 million and 5.4% of distributor's gross after that, but distributor's gross is defined in the contract as 20% of the wholesale price. So, if you wholesale your DVDs for $10 each, you owe less than 10 cents per DVD in SAG residuals.
Residuals are payments for reuse in ancillary markets. Because the movie is considered a theatrical motion picture for the purposes of the contract, the initial salary payments cover the theatrical and the residuals are for everything beyond theatrical.