Producing questions

citychik

citychik

Producing questions related to contracts, payments, etc.

Hi everyone,
Been a long time since I posted here (although I've occasionally popped in to read). I have a question about production companies when two or more are working together on a film.

Basically, I formed my own company and was recently asked to produce and direct a project for someone else. This person has the financing, so I guess she's the exec. producer. I would be doing all the nuts and bolts producing, with her money (and yes, I'd be paid). She wants to use her company's name, and keep the rights to the film, and I would be work-for-hire. No problem for me there. But I would like my prodco's name associated with it, too. So, would I draw up a contract between her co. and mine, and would that mean I'm a "loan-out company?" And is that the case where you see two prodco names in the beginning of film credits? Something like This Company in association with That Company Presents... ?

I mostly want to get clear on what kind of agreement I need.

Thanks in advance for your help on this.
 
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Yeah definitely get something in writing. Also lay out who is supposed to do what. The job description of "producer" could everything from A to Z or nothing in between. And what are the remedies if someone doesn't do their job?
 
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Definitely draft an agreement that includes your personal credit as well as your company's credit in the film.

"In Association with" is fairly common.

-Martin
 
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Thanks, but I was hoping for more specific info. Of course, I won't proceed without a contract, and I know we must delineate who's doing what. That's a given.

I have experience drafting contracts, but only when my prodco was in charge. I've never drafted a contract for a situation where I am working for another prodco.

FWIW, this is a low-budget feature. Basically, she is providing the story and the money. As producer, I am putting together the crew, all elements like paperwork and equipment, and overseeing all the logistics. I will also spend time on my duties as director, such as developing the script, which needs a little help, casting, etc.

Maybe I should ask more specific questions.

Do I need a separate agreement as director, and another as producer? I've read about loan-out companies as director, but would I also be a loan-out as producer? How do I word the section about credits as a second prodco?

I'll add more specific questions as I think of them. Thanks.
 
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Anyone? Trying to figure out what agreements I need as both producer and director, for somoene else who is the exec producer hiring me. One agreement or two?

Thanks, everyone.
 
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How about you get a company contract as the movie's 'line producer' - below the line = you may or maynot be afforded a 'screen credit' = if no credit seek More cash...

With a totally different contract as a Diector = above the line and obvious bonafide "credit".

As for whether as a 'loan out' or not, I'd go with whatever way is most tax efficient to you.

(cough) but I ain't no attorney, so check with a lawyer and accountant first ;)

All the best, Jim.
 
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To be frank, I kinda feel like this is much ado about nothing. Wouldn't a normal face-to-face conversation be enough to sort this out? She is providing the money, so she is producer. You are doing the organizing and legwork of a producer, so you are producer. She is doing more than just providing the money, however -- she brought the story, so I think she is more than just "executive".

Produced by __________ and ___________.

And if you can't get her to agree that both of your production companies are given official credit, and if you don't feel comfortable that she will keep her word with that agreement, then why the heck would you work with her?
 
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Sorry I misunderstood:

"I would be doing all the nuts and bolts producing, with her monou would ey (and yes, I'd be paid)."

As that of a line producer - I never realised that you were going to employ someone to do said tasks in addition.

All the best, Jim.
 
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I agree with Cracker. There isn’t a special, specific agreement
for this kind of partnership. You will use a standard agreement.

You will not be a “loan-out” company, you will be a partner. Since
you want your prodCo’s name associated with the project you should
ask her how this can be worked out. If she is agreeable to your
“in association with” credit that’s what will happen. If she isn’t
then you two can work out an alternative. Perhaps your company
name at the end.

You will use a separate agreement as director.

This is something that happens all the time. I do it often. The
very best method to coming to an agreement is to sit down with the
other produce, tell her what you want out of the project, listen
to what she wants out of the project and draw up an agreement
based on that discussion.
 
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Okay, I see I left out an important element to my question. This person who wants me to produce and direct her film is not a filmmaker. She is a businessperson, but not in the film business at all. I am taking on the role of producer to put together the team and get the ball rolling. And I'm directing. I am new at this myself, so would like to know how to explain what I want so she understands. I really don't think she'd want me to be a partner.

For example, when I told her as producer I want a salary and percentage (of what little there may be), she said, "Oh, but I want to keep the rights, and you'd be a work for hire." She didn't understand why I wanted a percentage until I told her my job wouldn't end on the last day of editing, that I would see it through to get it out there in the world - she wouldn't know how to do that and the film would sit there. So, then she understood.

So, I want to be clear on how it works myself so I can make it clear to her. Also - I want to explain why she should have a separate business entity for the film itself (like its own LLC), rather than use the LLC she has for other things she does (her "prodco"). How would I explain that? And would we both be officers of that biz or just her, I wonder? No, I guess she would be the head of it and I would work for her newly formed LLC.

These are all things I have some knowledge of, or limited experience, but I'm no expert so I'm trying to sort it all out in my head before I talk to her. I know I can tackle this project but I don't want to confuse her and I want her to have faith in me. I just want to know what I'm talking about! Hehehe.

Directorik, a standard agreement... what kind of standard agreement are you referring to?
 
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"and you'd be a work for hire."

Which is what I took from your initial post - hence my: Line Producer = "below the line" - Paid but NO credit.

As opposed to your obvious "above the line" Director credit.

Sounds like you´ve either got to get as much for your time without a Producer credit - OR negoiate less ´upfront´cash so that your involvement is more of a backer and thereby a ´Producer´.

Untimately, you can always walk...

All the best with whatever you decide, Jim.
 
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She wants to hire you. As Jamster said, that means you will be her
employee - a work for hire. She wants to keep the rights. By that
I assume she means she (her company) will be the copyright holder
of the finished film.

You want not only to be paid as producer/director but you want a
percentage of the profits and your companies name on the movie.

Do I have that right?

If I am, I believe you are confusing the situation by wanting to
help her form a new company. Don’t. Allow her to hire you as
producer/director. In the contract agreement state that you want
credit as Producer and Director and that you want an “in
association with” credit for your company. Specify the salary and
the percentage you want.

Do not confuse her by suggesting she form a separate LLC for the
project or that you and she could be partners in that company.
Just accept a work for hire agreement with the stipulations you
require. Allow her to run her side of the business as she sees
fit.
 
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directorik said:
She wants to hire you. As Jamster said, that means you will be her
employee - a work for hire. She wants to keep the rights. By that
I assume she means she (her company) will be the copyright holder
of the finished film.

You want not only to be paid as producer/director but you want a
percentage of the profits and your companies name on the movie.

Do I have that right?

If I am, I believe you are confusing the situation by wanting to
help her form a new company. Don’t. Allow her to hire you as
producer/director. In the contract agreement state that you want
credit as Producer and Director and that you want an “in
association with” credit for your company. Specify the salary and
the percentage you want.

Do not confuse her by suggesting she form a separate LLC for the
project or that you and she could be partners in that company.
Just accept a work for hire agreement with the stipulations you
require. Allow her to run her side of the business as she sees
fit.
Click to expand...

Yes, Directorik, you have it right.

Thank you, you always make things so clear for me. I didn't realize that the “in association with” could simply be a credit that I ask for. I thought there would have to be some kind of business entanglement for that.

So, I understand it much better now - I still want separate agreements each for producing and directing, right?

Thanks again...
 
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citychik said:
Oh. So I guess i can consolidate the two into one. Hmmm... been looking for sample agreements, can't seem to find one that combines those two roles.
Click to expand...
Yes you can. I have taken a standard director agreement and changed
director to producer/director. However, if you don't want to do that, you can
have two separate agreements.

Jamster, I hadn't noticed your comment about the Line Producer being a
below the line position. Here in the states it's considered an above the line
position. And here in the states the Line Producer credit is always a credited
position. When you say, "below the line = you may or maynot be afforded a
'screen credit' " is that fairly common in the UK. Do below the line people
occasionally not get screen credit? Is screen credit for below the line people
a negotiated item?
 
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