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