Videomaker – Learn video production and editing, camera reviews › Forums › General › Video and Film Discussion › Percent of distribution
- This topic has 10 replies, 1 voice, and was last updated 9 years ago by Anonymous.
- March 27, 2011 at 1:53 AM #43318AnonymousInactive
I showed this guy my videos and he saw my potential so he started working with me and now wants me to sign a contract.
He wants me to make a monthly dvd which he will make 5000 copies of to sell. To make these dvds i go to shows in the city, film them, then edit them down and also film n edit interviews and even film n edit short films to put on the dvd. what percent of dvd sales should i ask for in the contract? He is an entrepreneur with many connections but is just starting to build his company now.
I’m 20 n didn’t complete my schooling for video editing as i just moved to the city to continue it somewhere else and fell short in funds. <– those are my professional qualifications lol i know i’m not working with much there.
I greatly appreciate your help and will gladly give you more necessary information that i may have left out!
Outside of the assortment of opinions and experience you’ll get from your inquiry, Cubby, I STRONGLY recommend you consider the expense of acquiring legal representation. Even then there’s NO way to guarantee you’ll come out right. Right off the top I’d have to say that no matter HOW great this guy is, or how wonderful the total concept might be, you NEED to have appropriate legal counsel YOUR counsel, not his, before you commit to something that will take advantage of your creative and productive efforts.
Yes, with respect to everything you just said i need cash before i can seek legal counsel. So in the meantime i was hoping to get opinions n feedback so i can go into that situation with something to discuss. Know what i mean? You stated your point very effectively tho i’d like you to know.
If this guy’s putting up all the money then you can demand 50 percent and settle for 15 percent. I personally doubt he’ll be willing to accept more than 10 percent. That is an off-the-cuff comment based on some general experience.
Be aware that there are a LOT of issues that need to be resolved: work for hire, vs partnership, vs joint copyright, etc. Insurances such as errors and omissions coverage, liability, theft, damage, personal injury. Responsibility for releases, talent releases, approval by ALL parties involved in these “shows” whatever they are.
I wasn’t at all trying to be “cute” with you, Cubby, and I very well know and understand about fiscal matters. It’s just that when you go whole hog on something like this there’s so darn much that comes into play above and below the line it nearly ALWAYS turns out to be more than an inexperienced videographer/editor and unaware businessperson can fathom.
I’ve bumped up against problems even on productions where I PAID an attorney to (insert chuckle here) generate an “iron clad” agreement or contract.
Be aware of the rights you’re willing to relinquish and the rights you WANT to retain such as foreign distribution rights, etc. Not knowing the SCOPE of your enterprise I have to say I’d tread carefully with a so-called “gentleman’s agreement” or handshake, and I can just bet you your source will want to hedge all bets in his favor.
Start out making HUGE demands: All copyrights reserved, ownership of all production and its content, rights to use any and all content for personal marketing and promotion, 10 percent of gross sales, full credit on all productions and all marketing materials, labels, cases, DVDs, etc. Joint liability and other insurance coverage responsibility and NO WORK FOR HIRE. See what happens then go from there.
I am NOT an attorney and all comments/opinions offered are opinion only and do not represent licensed legal counsel or advice. Any action taken by you based on any opinions I offer is at your own risk and I am to be held without liability for any and all claims real or perceived resulting from your use of my opinions. Sorry about the CYA stuff. 🙂
cubby,EarlC stated very well that you need to consult a lawyer. If youare short on cash,you might contacta local law school, the bar association, small business administration or local business incubator foundationto see if there might be lawyers that volunteer services for people starting out or with meager means. There are a number of pitfalls in this situation that legaladvice can help you avoid. Considerations you should think about: your compensation set-up (monitoring sales and your share), your ownership rights of the video you produce, the releases that would have to be obtained from the shows (performers, venues, music rights, etc.) plus other considerations that others will probably ad to the discussion.You are doing a lot of the work: video, interview, editing, authoring films, etc.A great deal of your time and talent will be expended before you will probably receive any compensation. Maybe if upfront funds are important to you, you could start by being paid for your time (hourly rate or give bid for finished DVD)as you produce the first video or two and move into some sort of contract arrangement as things progress. If you search these forums you will find references to standardvideo contracts. Good luck with your endeavors. Keep shooting.
EarlC, sorry for being redundant with some of my comments. We must have been typing at the same time.