ASK & DISCUSS INDEX

10 years, 10 months ago - Paddy Robinson-Griffin

What does your contract say?

10 years, 10 months ago - John Lubran

Having a written contract, even if just letter of intent (which can sometimes be much better, easier and cheaper than a detailed agreement), is usually best if one has expectations and aspirations. However, just as a written contract may not be enforceable for a number of reasons, especially if any part of it appears unreasonable to a court, ( a single unreasonable clause, as determined in Law, can render an entire agreement void ) conversely a contract can be in place even if not written. did you at any time before the completion of the project express, verbally or in any other way at all, to your client that, you had an expectation of an ongoing beneficial interest in the project? If you did and that expectation was not refuted, then you have a contract. Unfortunately proving such an unwritten contract without any sort of corroborating evidence is often an up hill struggle.

10 years, 10 months ago - Dan Selakovich

Music videos are advertisements without the benefit of union rules (most of the time). So, as Paddy says, without a contract that covers residuals, you're not entitled to anything at all. If it was a signed band, you should have gotten an up front fee from the label, and that's the best you could have hoped for.

10 years, 10 months ago - Alève Mine

Radio doesn't pay either. Apparently unless you hit the right sampling day. They have a system I which you may have songs played repeatedly over a year or two and never see a dime even if you did everything in and of the track yourself, registered it properly, and notified the collection society appropriately. I'm here to testify. That is my last couple of years. Didn't hit that darn sampling day in the 30+ times they played me in London.

10 years, 10 months ago - Zachary Ord

Thank you Dan, an upfront cost was covered by the label, but Im quite new to the business side of filmmaking and felt it was unnecessary for a contract at the time.

10 years, 10 months ago - Dan Selakovich

While I agree with Marlom, if you're going to screw up, this is one thing it's fairly painless to learn your lesson on. Music videos don't pay. Period. His contract would have covered deliverables for a fee. He was never going to see residuals anyway. A TV show isn't going to pay for broadcast rights, nor is the label going to pay to have the thing broadcast (as would happen for a commercial for, say, dish soap). Music videos are all about upfront cash.

10 years, 10 months ago - Marlom Tander

The one thing that is ALWAYS necessary is a contract. It might not cover all eventualities, but it's a framework that will at least cover all the questions either side thought of at the time.

10 years, 10 months ago - Yen Rickeard

The paperwork is always important. Sigh. But sample contracts are easy to find. Shooting people, production, resources is a good start. Make them relevant to your shoot, keep them simple, get them signed before you start filming. Every time.
Good luck next time
Yen Rickeard