how do I secure payment on indie shoot (besides word of mouth trust) at DVinfo.net

Chris Sweet · October 1st, 2008, 09:56 PM

So I wrap an indie feature this Friday. We all each signed a form that states percentage of selling price of the film. (promises afm sale etc, etc) Producer is convinced it wll sell for over a mil. My cut is 2% which would mean 20g's for me.. that I dont want to lose.

How would I ever find out concrete evidence of selling price? Or do I just hope for the best?

Anyone been here before? pls comment!

Thanks

Allen Green · October 2nd, 2008, 08:24 AM

Unless you have it on paper and signed I wouldn't count on anything. A good Lawyer is always helpful. I worked for a % on a film that went direct to video back in 1996 and have yet to see any money. So maybe I'm jaded but I would get it in writing.
JM2C good luck.

Dylan Couper · October 2nd, 2008, 09:26 AM

Join the club, man... :)

I have 1 rule about these things: If I want to get paid, I get paid up front. If I don't get paid up front, I don't expect to get paid, ever.

Sadly, this holds particularily true in Vancouver, city of endless deferral projects that will all "sell for over a million at least..."

Edward Phillips · October 6th, 2008, 10:52 AM

Something that seems too general in that proposal is if the producer is talking the gross amount of a sale or net profit. Say the producer sells the film for 1 million, does he take his cut, cost of pre/production/post (besides defered salaries), marketing costs, meals, etc, then dole out a percentage of the remainder to you? Or are you entitled to 20% of the delcared sale price? If you let creative accountants get to the numbers then a film hardly ever sees net profit left for the people waiting on the back end.

Keep in contact with everyone that worked on the film. If indeed it does sell and no one sees payment the best tactic may be a group lawsuit.

Brian Drysdale · October 7th, 2008, 03:16 AM

The best working assumption with these agreements is that unless you've worked on the next "The Full Monty" (which you'll only discover well after the event) is that you're working for nothing.

Most low budget indie feature films don't get distribution or if they do, they don't make a net profit - there's a lot of creative accounting and the distribution and marketing costs could be many times that of the actual production budget.

October 1st, 2008, 09:56 PM	#1
Chris Sweet Regular Crew Join Date: Apr 2008 Location: Vancouver Canada Posts: 89	how do I secure payment on indie shoot (besides word of mouth trust) So I wrap an indie feature this Friday. We all each signed a form that states percentage of selling price of the film. (promises afm sale etc, etc) Producer is convinced it wll sell for over a mil. My cut is 2% which would mean 20g's for me.. that I dont want to lose. How would I ever find out concrete evidence of selling price? Or do I just hope for the best? Anyone been here before? pls comment! Thanks

October 2nd, 2008, 09:26 AM	#3
Dylan Couper Wrangler Join Date: Jun 2002 Location: Vancouver, British Columbia Posts: 8,314	Join the club, man... :) I have 1 rule about these things: If I want to get paid, I get paid up front. If I don't get paid up front, I don't expect to get paid, ever. Sadly, this holds particularily true in Vancouver, city of endless deferral projects that will all "sell for over a million at least..." __________________ Need to rent camera gear in Vancouver BC? Check me out at camerarentalsvancouver.com

October 2nd, 2008, 08:24 AM	#2
Allen Green Regular Crew Join Date: Apr 2007 Location: San Antonio, TX Posts: 34	Unless you have it on paper and signed I wouldn't count on anything. A good Lawyer is always helpful. I worked for a % on a film that went direct to video back in 1996 and have yet to see any money. So maybe I'm jaded but I would get it in writing. JM2C good luck.

October 6th, 2008, 10:52 AM	#4
Edward Phillips Regular Crew Join Date: May 2008 Location: Memphis, TN Posts: 118	Something that seems too general in that proposal is if the producer is talking the gross amount of a sale or net profit. Say the producer sells the film for 1 million, does he take his cut, cost of pre/production/post (besides defered salaries), marketing costs, meals, etc, then dole out a percentage of the remainder to you? Or are you entitled to 20% of the delcared sale price? If you let creative accountants get to the numbers then a film hardly ever sees net profit left for the people waiting on the back end. Keep in contact with everyone that worked on the film. If indeed it does sell and no one sees payment the best tactic may be a group lawsuit.

October 7th, 2008, 03:16 AM	#5
Brian Drysdale Inner Circle Join Date: Feb 2006 Location: Belfast, UK Posts: 6,143	The best working assumption with these agreements is that unless you've worked on the next "The Full Monty" (which you'll only discover well after the event) is that you're working for nothing. Most low budget indie feature films don't get distribution or if they do, they don't make a net profit - there's a lot of creative accounting and the distribution and marketing costs could be many times that of the actual production budget.