What to look for in regards to Deferred Contracts?

Sareesh Sudhakaran · July 3rd, 2011, 09:45 PM

Not getting paid is another matter altogether...it happens no matter what industry you're in, and the worst offenders are the ones who make the most money.

It's important to study the filmmaker and his/her intentions before committing to anything, and it is unwise to expect monetary gain from an independent feature, simply because 99% of them don't make any money.

Michael B. McGee · July 4th, 2011, 05:06 AM

BRILLIANT! This is exactly what I was looking for. I can't thank you enough.

Cheers,
Mike

Michael B. McGee · July 4th, 2011, 05:19 AM

OK, if I can get this guy to pay me, let's say $200/day for 10/12 hours for shoot days, what should I ask for prep days? Same or half or....? What about overtime? What's fair considering the situation, that is?

Charles Papert · July 4th, 2011, 08:41 AM

Prep days should be billed the same as shoot days. I will make concessions for scouts, travel and idle days but not prep.

The standard OT breakdown is straight time for 8, time and a half for 8 to 12 and double time after 12. If your rate is 200/10, you would be at 30/hr until 12 hours, then 40/hr after that. If at 200/12, your OT is at 33.33/hr. There is a strict theory that a 10 hour rate actually represents 11 hours of base pay (8 hours straight time plus two hours at 1.5 time equals 11 hours) and thus your base hourly is calculated lower since you are dividing your rate by 11 rather than 10, but I wouldn't bring that up unless they do as it results in less pay! And yes, you should tell them that it is a 10 hour rate--with any luck they are inexperienced enough to agree to it without understanding that it will cost them more!

Whatever you do--again--get it agreed-to in writing before the job starts.

Michael B. McGee · July 6th, 2011, 06:13 AM

Much appreciated. Now, I feel like I owe you a percentage. Thanks for all of your help.

Kevin Lewis · July 6th, 2011, 09:14 AM

Also, creative acounting is something that you should concern yourself with. If your future revenue is based on profits, you need to have a clear understanding of not only the production costs, but also the cost that go along with duplication/replication. You should have an understanding of all the expected expenses so that you know how many DVDs have to be sold before you start making money.

July 3rd, 2011, 09:45 PM	#16
Sareesh Sudhakaran Trustee Join Date: Jan 2008 Location: Mumbai, India Posts: 1,385	Re: What to look for in regards to Deferred Contracts? Not getting paid is another matter altogether...it happens no matter what industry you're in, and the worst offenders are the ones who make the most money. It's important to study the filmmaker and his/her intentions before committing to anything, and it is unwise to expect monetary gain from an independent feature, simply because 99% of them don't make any money. __________________ Get the Free Comprehensive Guide to Rigging ANY Camera - one guide to rig them all - DSLRs to the Arri Alexa.

July 4th, 2011, 05:06 AM	#17
Michael B. McGee Major Player Join Date: Nov 2008 Location: Santa Monica, CA Posts: 318	Re: What to look for in regards to Deferred Contracts? BRILLIANT! This is exactly what I was looking for. I can't thank you enough. Cheers, Mike

July 4th, 2011, 05:19 AM	#18
Michael B. McGee Major Player Join Date: Nov 2008 Location: Santa Monica, CA Posts: 318	Re: What to look for in regards to Deferred Contracts? OK, if I can get this guy to pay me, let's say $200/day for 10/12 hours for shoot days, what should I ask for prep days? Same or half or....? What about overtime? What's fair considering the situation, that is?

July 4th, 2011, 08:41 AM	#19
Charles Papert Wrangler Join Date: Jan 2002 Location: Los Angeles, CA Posts: 6,810	Re: What to look for in regards to Deferred Contracts? Prep days should be billed the same as shoot days. I will make concessions for scouts, travel and idle days but not prep. The standard OT breakdown is straight time for 8, time and a half for 8 to 12 and double time after 12. If your rate is 200/10, you would be at 30/hr until 12 hours, then 40/hr after that. If at 200/12, your OT is at 33.33/hr. There is a strict theory that a 10 hour rate actually represents 11 hours of base pay (8 hours straight time plus two hours at 1.5 time equals 11 hours) and thus your base hourly is calculated lower since you are dividing your rate by 11 rather than 10, but I wouldn't bring that up unless they do as it results in less pay! And yes, you should tell them that it is a 10 hour rate--with any luck they are inexperienced enough to agree to it without understanding that it will cost them more! Whatever you do--again--get it agreed-to in writing before the job starts. __________________ Charles Papert www.charlespapert.com

July 6th, 2011, 06:13 AM	#20
Michael B. McGee Major Player Join Date: Nov 2008 Location: Santa Monica, CA Posts: 318	Re: What to look for in regards to Deferred Contracts? Much appreciated. Now, I feel like I owe you a percentage. Thanks for all of your help.

July 6th, 2011, 09:14 AM	#21
Kevin Lewis Major Player Join Date: Feb 2009 Location: Philadelphia, pa Posts: 705	Re: What to look for in regards to Deferred Contracts? Also, creative acounting is something that you should concern yourself with. If your future revenue is based on profits, you need to have a clear understanding of not only the production costs, but also the cost that go along with duplication/replication. You should have an understanding of all the expected expenses so that you know how many DVDs have to be sold before you start making money.