Production Contracts
- Contracts help manage production projects because they require the parties to agree on the terms of their relationship up front (before deadlines pass and tempers flair).
- A contract is private law, that is, it is a binding agreement between two or more people.
- If a valid contract, the government (courts) will enforce them (usually through awarding damages - money compensation - which can be compensatory and punitive), (sometimes an injunction, which enjoins stops you from doing sometimes).
What is a Deal Memo?
- A deal memo is a preliminary outline of a contract.
- A deal memo is usually legally binding if signed by both parties.
Consideration
- Consideration - what's in it for me - usually money, your compensation (barter is OK).
- Each side must do (or refrain from doing) something, that he/she is not legally bound to do.
Compensation
- This critical section specifies how people get paid - usually the most heavily negotiated section.
- Fixed compensation - (up-front, fee) a guaranteed sum - this is usually the only money you can actually count on.
Contingent Compensation
- All compensation that is not fixed is contingent.
- Contingent means something else must happen first.
1. Back End Deal
- Back - End Deal refers to a percentage of a film's revenue.
- From theater ticket sales, video rentals, TV etc. and all ancillary markets.
- There are many ways that actors, directors and producers may be compensated for their work on a film. Often they receive a combination of upfront salaries (fixed) and backend percentages called points.
The Money Waterfall
- Gross
- Minus distributor fee
- Minus P&A's (marketing)
- Minus expenses
- Minus advances
- Equals Net