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Talent Contracts: Writers/Actors/Directors

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on 11 January 2016

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Transcript of Talent Contracts: Writers/Actors/Directors

Agents
Entourage
Ari
Who are the players?
Networks vs. Studios

Hilary Goldstein
Dina Appleton
Talent
Below-the-Line
J.J. Abrams
Producer, Director, Writer
Ryan Gosling
Actor
Emmanuel Lubezki
Cinematographer
Catherine Martin
Force Majeure
Alberta Floods
Prequel
Sequel
The Hunger Games
Remake
The Great Gatsby

Original:
1974

Remake:
2013
Above-the-Line
Spin-off: Planted Spin-off
Spin-off: Generic Spin-off
Subsequent Productions: Television Series & Feature Films

TV series (1987-1991)


Subsequent Productions: Live Theatre & Feature Film
Key Factors
1. Guild Applicability
2. Quotes
3. Heat of Talent/Project
4. Budget
5. Profile of the Project
Budget
High Budget
Low Budget
Profile of Project
Jennifer Lopez
El Cantante
(2006)
Options
Film-Option for sequels or additional pictures
Services / Employment Period
Start date
"Free weeks" / "Free Days"
Work Hours
Prep, Principal Photography, Post-Production


Film Compensation
Guaranteed fee ("Scale" vs. "Above-Scale")
Overages
Escrow
Payment Schedule
Contingent Compensation
MAGR vs. Net Profits
MAGR = Gross receipts minus:
Distribution Fees
Distribution Expenses
Production Costs

Location
-Tax and Immigration Issues
-Work Permits
-Travel Expenses / Relocation Allowance
Approvals/Look & Personnel
Hair and Makeup
Bodyguard
Perks
Perks
Film Festivals / Celebrity Premieres
Commercial Tie-ins & Merchandising
Hiring of Minors - Emancipation
Ariel Winter

On Screen Credits
Placement:
Film: Main/End titles
TV: Main/Opening/End
Before Title
On Screen Credits
Position:
1st, 2nd, last ("And..."/"With...")
"Laverne and Shirley" billing
On Screen Credits
Prominence:
How many credits on a card
Size/Style/Duration
On Screen Credits
Form:
Directors: Regular ("Directed by") vs. Possessory Credit ("Film by:")
Writing Teams: '&'
Paid Ad Credit
"Billing Block"
Above Title
Artwork Title
Likeness Inclusion
Likeness Parity
Paid Ad Credit
Credit - Ancillary
Examples:
DVD packaging
Soundtrack cover
Feature Writers
Hyphenates

Atom Egoyan
Writer-Director-Producer
Contingencies
Financing
Underlying Rights
Signature of 3rd party agreements
Creative meeting
Writing Services
Guaranteed vs. Optional Steps:
Treatment
Script: 1st draft & 2nd draft
Polish
Rewrite
Compensation
Basic Compensation
Guilds Minimum Rates
Payment Schedule
Contingent Compensation
Share of Net Profits
Bonuses
Production Fee/Bonus
Box Office Bonus
Award Bonus
Perks
Examples
Office/Assistant/Parking
Free Copy of DVD
Invite to Premieres and Festivals
Miscellaneous
Certificate of Authorship
Annotation Guide
Turnaround/Reversion
WGC: 7 years
WGA (Separated Rights): 5 years + 5 years to elect to re-acquire rights
Subject to repayment of producer's costs
Reserved Rights
Directors:

Feature Films

Feature Director Agreements
Services
Development
Pre-Production
Principal Photography
Post-Production
Compensation
Basic Compensation: "scale" vs. above-scale
DGC Buyout: 110% of fee
'Pay-or-Play'
Contingent Compensation
Share in Profits
MAGR or better
Bonuses
Box Office Bonus
Award Bonus
Delivery Obligations
Stay within budget
Penalties if over
Bonus if below
Length
Rating
Stick to script
Creative Rights/Approvals
Screenplay; actors; cinematographer; department heads
Director's cut vs. Final cut ("Triple A" directors)
Minimum number of cuts/previews
Length
Rating
Release schedule/pattern
Trailers; commercials
Rights to direct other versions
Perks
Office/Assistant/Parking
Transportation and living expenses
'All-in' relocation fee
Trailers or dressing rooms
DVD copies/copies of dailies
Invites to Premieres and Festivals
Premieres/Festivals
Trailers / Dressing Room
Seth Rogan
Writer-Actor-Director
Costume Designer
Test Options & Options for Additional Seasons
Coen Brothers
Paul Haggis
Presenters
"Star Trek into Darkness"
"Lost"
"Drive"
"Crazy Stupid Love"
"Gravity"
"Children of Men"
"Great Gatsby"
"Moulin Rouge"
Film & Television Contracts: Actors/Writers/Directors
Film & TV Talent Agreements:
Actors/Writers/Directors

"Pay-or-Play"
Actor Agreements:
Feature Film & Television
Credits
Television Writer Agreements
Questions
Approx $15,000 to make
$400 million in profits
Approx $250m to make
$190 million in deficit
Charlie Sheen - Two and a Half Men
Film
TV
Dallas
Original:
1978
Remake:
2013

TV to Film
Film to TV
Films (2012 & 2014)
TV series (2010-current)
Film (1989)
Subsequent Productions: Films & Video Games
Game to Film

Game (2008)
Film (2010)
Film to Game
Game (1997)
Film (1995)
Les Misérables
Book (1862)
Theatre (1980-current)
Film (2012)
MAMMA MIA!
Theatre (1999-2013)
Film (2008)


(emancipated at 15)
Kathryn Bigelow
Tom Hooper
Heat of Talent
Passion Project / Sought-after Director
Grey's Anatomy & Private Practice
Shonda Rhimes
Inside Lleywn Davis
No Country for Old Men
The Big Lebowski

Third Person
Quantam of Solace
Crash
David Cronenberg
Writer-Director-Producer
Force Majeure
Essential Element - Philip Seymour Hoffman's Death

NOT
Quentin Tarantino
Django Unchained
(2012)
Budget approx
$12.5 m
Options - Television

Children Actors
Perks
Soundtrack Albums
Nudity/Sex Scenes
Theatrical Release Bonus
100/50/50
Quotes
Most recent fee
Relevancy
Type of role
TV Series
a. Pilot Fee
b. Series Fee


Ashton Kutcher reportedly earns
$725,000 per episode on
Two and a Half Men
Exclusivity
Series regular vs. guest star
Exclusive in all TV (with guild exceptions)
Exclusivity in Film/end date
Natalie Zea
Justified

Natalie Zea
The Following

Publicity and Promotional Services
Travel/Relocation
on location filming Klondike
Airfare
Car service
Wardrobe
Trainer, nanny, chef
Renegotiation
David Caruso left NYPD Blue
after one season due to a failed
renegotiation
After renegotiation, Jon Hamm
received a producer`s credit on
Mad Men
Key Deal Terms
Pilot Writing Fee
Pilot Services & Fee
Series Services & Fee (Lock & Guarantee)
Other Compensation (Royalty/SSB/MAGR)
Pilot Writing
Lena Dunham
Writer of
Girls
Elizabeth Meriwether
Writer of
New Girl
What is a "Showrunner"?
HOT
Game of
Thrones
Girls
Rogue
Agent vs. Managers
Agents:
procure employment
(licensed in California, NY
and BC)
Managers:
provide day-to-day
career advice
Key Terms
Pickup Dates
The date by which the Producer must inform talent that they are exercising option; failing which, Producer loses the option
Annual Increases
"MFN" vs. "FN"

Most Favoured Nations versus Favoured Nations
An agreement to treat several parties in the same manner with respect to a particular issue (i.e. no one to be treated more favourably than you)
Guild VS Non-Guild
Work Periods
Start Date
Guild Minimums
Compensation
for Film & TV
Miscellaneous
Director:
Television & Film

TV Key Deal Terms
1. Pilot fee
2. Royalty
3. Backend
Heat of the Project
Haven
Main Credits
Saving Hope
Opening Credits
The Walking Dead
End Credits
The Firm
Writer Room Credits
Guaranteed Scripts
Subsequent Productions
Approval & Consultation
Rights
Cast
Scripts
Music
Production Locations, etc.
Perks
Office
Assistant
Parking
Travel allowance
Tickets for family
Executive Producer
Co-Executive Producer
Supervising Producer
Consulting Producer
Producer*
Co-Producer* (only if Canadian, on Cdn shows)
Executive Story Editor
Story Editor
Glen Mazzara
The Walking Dead
c. Minimal Guarantee
d. Annual Bumps

American
Canadian
Deferments
Bonuses (Awards, Box Office)
Contingent Compensation
Other
Logo Credit
Key Terms
Guild vs. Non-Guild
Impact minimum fees
Residuals/royalties
Credit
Writing steps
Full transcript