The Mentoring Room - Ask the Working Pros

Mentoring Room

  • Public

This is a Public Topic geared towards first-time filmmakers. Professional members of The D-Word will come by and answer your questions about documentary filmmaking.

John Burgan
Host

Well you should certainly make the decision about what format you are shooting and delivering on. Not sure how the mix of film and video will work.

Thomas Beach
Fan

Agreed. I have some research to do on that yet. I'm beginning project research in December and the aquisition of photos etc. No shooting for some time yet. Film telecined with proper parameters to match project settings should present no issues.

Monica Williams
Pro

At what phase of my project will I need to hire an entertainment lawyer? I have an attorney now that has drafted an offering memo for a group of investors interested in my film. They are lawyers and I'm sure they will be asking some legal questions. Will I need an entertainment lawyer throughout the project?

Doug Block
Host

Certainly no harm in finding one you like early on in the process. You only pay them by the hour, as needed, so why not?

Steven Dhoedt
Pro

Hi all,

I've got a question concerning a contract between director and production company, more specifically the part which deals with the audiovisual exploitation rights.
What is an acceptable percentage for the director/screenwriter to receive of the gross income for a) cinema release b) dvd release c) tv sceenings, etc... I know this all comes down to what producer and director agree upon, but just wanted to know if there is an average percentage that is usually agreed upon.
As a beginning producer and documentary maker this is all new to me, so just looking for some feedback or online resources that can guide me through the business process of documentary production :)

Doug Block
Host

Stephen, unless you're Spielberg and talking about a big Hollywood movie, directors don't get any percentage of gross income. If they're lucky, they get a percentage of net income. Which, after all the bills are paid off (a BIG if), is known as profit. And how much is pretty much done by negotiation on a case by case basis.

Tony Comstock
Fan

Thom,

If you want to shoot film, shoot film. Five years ago we made the move to shooting Super16 for everything except interviews. I think it's helped our projects both commercially and financially.

Steven Dhoedt
Pro

Thanks Doug for your answer.
it makes sense that giving a percentage of the gross income is not really done, since the production budgets of most documentaries already include distribution advances, tv presales etc., money that is directly in the actual making of the movie, not raising the director's salary. Correct?
I'd been receiving some standard contracts between director and production company and they all included paragraphs where you should fill in the blank percentages for these exploitation rights.
anyways, thanks a lot for your help

Steven Dhoedt
Pro

One more question about exploitation rights:
what is the average length in years that the author/director should concede the exploitation rights of the movie to the producer? 5 years? 10 years?
Can this duration affect future distribution deals or do they not affect each other at all?

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