CONTRACTS & LOW BUDGET MOVIEMAKING

by Peter John Ross (www.sonnyboo.com)

     Have you ever heard of success stories like Kevin Smith making “Clerks”, Edward Burns directing “The Brother McMullen”, or Spike Lee doing "She's Gotta Have It”?

 If they forgotten to cross a "T" or dot an "I" we might not have ever heard of them. Contracts are important. It may not be as sexy as making movies, but if you ant to be a success in the film and video business, you need to pay attention to the business aspect of the biz. That means contracts. Even if you are doing a low budget or no budget flick, you got to have the legal stuff together.

  It would have been very easy for an actor or even an owner of a convenience store to screw over the makers of the above mentioned movies if the filmmakers had not first gotten signed contracts. If you do not have a signed release form for the actor or a signed location agreement with the property owner, they might become the owner of your film, or at the least, can ruin any chance you have of publicly playing your movie. By getting certain blanket legalities in order, you can maintain control and ownership of your movie. A lot of indie filmmakers forget the "business" half of the movie business. Contracts are a very serious aspect of making movies. All to often it's enticing to go out & shoot your movie with a camcorder & then put it out there. 

Even posting your movie on your own personal website is considered a "public performance". If you don't have written permission to use the "likeness" or “performance” of your actors they can change their minds and legally there is no recourse.

 Release Forms and SAG Contracts

 Even if you do a non-union DV short with your friends, GET THEM TO SIGN RELEASE FORMS! This allows you to distribute & screen it at film festivals. And if you are lucky, to get the movie broadcast on TV or distributed. You never know if an actor might become famous ten years from now. If you don’t have a signed release form, you can’t sell your movie with them in it.

 Interestingly enough, there were some producers in Texas who worked with an up & coming local actress. They used the "SAG Experimental" contract which many indie producers consider as a “safety net”. However, the one problem is that includes a loophole for people who become SAG. If you do a SAG Experimental contract, and IF you land a video distribution deal, any SAG actors have the right to VETO the sale. This young actress made it big in movies like Jerry Maguire. Suddenly these really bad movies made 7-8 years prior became valuable but the producers couldn't sell them because she was able to exercise this little loophole.  

 Locations

  Locations work a little different. Each state, and even individual cities and counties all different laws and complications. To shoot on private property requires signed location agreements, pretty much without fail. I know in Ohio you do not need any permits to shoot on public property, but then again, certain cities and towns have made their own laws concerning that, so it's not 100% statewide.

  In California you almost ALWAYS need a permit to shoot anywhere. Building exteriors work a bit differently. Usually a building that is publicly large & unable to be obscured is fair game, but if there is a trademarked LOGO of a company visible, you enter into a different arena of legalities. Trademarks are similar to copyright laws, but these very much protect the image and the company much more so, and lean heavily towards the corporations.

 Suppose you shoot at your friend's parent’s house, but you don't get written permission. Later, if their parents then felt the use of their house in the finished movie portrays their neighborhood poorly, they can stop your movie from being released. They can't say much if you can present a signed location agreement where they gave you legal permission to use their place in your movie.

 Contracts Among Buddies

 On the flip side of things, when working with friends, read carefully the contracts among yourselves.  I have personally been screwed over by people that, at the time, I would never have believed things would fall apart. I have lost all rights to two movies that I wrote, directed, produced, and edited.

 Similarly, I know a guy who had an idea for a movie, went to his "friend", and asked for help to make into a movie, and is now being legally entangled over who owns the character from the movie. In this case, the guy did NOT get contracts signed before hand, and never knew that his buddy was going to screw him over until he presented the contracts AFTER the movies got some play at film fests and had some early buzz. Now he can't do any screenings without getting letters to his attorney about "alleged monies lost" for their client. Things happen – even among the best of friends. Protect yourself – protect your friendships.

 That way, if your movie gets selected to play on TV in Canada on "Moviola - channel for shorts" or the SKY NETWORK's "Short Film Channel" in the UK or the Sundance Channel or IFC, they will be able to play your movie. Everyone benefits.

 Big budget movies can get  "Errors and Omissions" insurance that deal with this kind of thing, but  on the low end of the financial scale, simple contracts for Locations & Actors can be found for free online. Use them. Always.

   Cover your butt and get it all in writing. That way IF your movie gets successful, you can grab hold and enjoy the ride. You don’t want to possibly become one of the “almost got famous, but I forgot to get the contracts”.

 - PJR

www.sonnyboo.com