The Mentoring Room - Ask the Working Pros

Mentoring Room

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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.

Doug Block
Host

And since you already posted it in the Editing topic, just a gentle reminder that we don't encourage double posting, Michael.

Yixi Villar
Fan

Hi everyone I need your help. We are working on a doc "Life In The Balance" check out the link below for more details
http://tomgriffineditor.com/LITB/LITBTrailer_v10.mov
We have just been fined by the gov over $10,000 and counting for not having works comp for our "freelance" 1099 employees. We have insurance for the production and they told us we didn't need that because our employees were not only employeed by us. has anyone else gone through something similar. It seems like everyone is just giving us the runaround and we want to get this resolved ASAP. If anyone could be of help it would be greatly appreciated. Also the gov said that to be considered a private contractor they have to meet all the criteria check out the link below
http://www.wcb.state.ny.us/content/main/Employers/Coverage_wc/emp_empDefinition.jsp#indContractor
but clearly some of our people work on other films but don't have "their own business" and we even have a student. Does anyone know how to navigate guidance would be much appreciated.
Have a happy day!!
Yixi Villar

Marth Christensen
Pro

Hi Yixi,
With a fine already assessed (by the state "gov"ernor, I assume), it is time to contact an attorney. Contact your local county bar association, for starters, if you do not know someone. You have more to worry about than just state workers comp, e.g., FICA, Unemployment insurance, and state and federal withholding...
Do some research on private contractor vs. employee. Check IRS Pub 1779 and other references. Someone in your organization needs to fully understand the distinction, especially if you intend to operate at the edges.
What sort of entity have you formed to produce the doc? I see that you have fiscal sponsorship from Fractured Atlas.

Robert Goodman
Pro

there is an agreement in place with the IRS for the film and video industry. You should read this link http://www.mca-i.org/en/art/?9
so you understand who is and isn't an independent contractor.

The simplest way to have avoided all the issues is to use a payroll service that will be the employer of record. Now I would throw yourself on the mercy of a good accountant and perhaps Volunteer Lawyers for the Arts if they can hook you up with a good tax attorney.

These threatening letters from the IRS or State department of Revenue agencies are often designed to throw the fear of god into you. In all probability, the situation is much less dire. Consult a good accountant.

Marth Christensen
Pro

Interesting, although the agreement is aimed at production of commercials or corporate videos, with a specific disclaimer as not applicable for feature films. Do you know if IRS has applied this to independent filmmakers? I would think that the logic would pretty much apply.

Robert Goodman
Pro

The reason it does not immediately apply to feature films is that Hollywood feature films are done under union contracts. Taft-Hartly applies which means that anyone working under a union contract is automatically an employee. The same logic used under this agreement we negotiated should apply to indie filmmakers. It's not much different other than less dollars involved.

Reid B. Kimball
Pro

Hi all,

I've had a few requests from interview subjects that my contract model release form allow them to review the final cut of the film before it is released so they can provide feedback.

I don't mind doing this, with the understanding that I am only allowing them to see it and that any feedback they have may or may not be implemented.

Does it sound OK for me to accept these requests from interview subjects? I want to make them feel comfortable and I think this is one way. Or is there a reason I should not honor this request?

Thanks, you've all been a big help for me so far.

Matt Gardner
Fan

Hello, filmmakers

I have become burnt out on commericals and wish to go into the documentary world. However, I have a wife and kids. Is there jobs out there for documentary filmmakers? A place where I can go and work on passion projects and get paid a salary?

Robert Goodman
Pro

the silence has been deafening. The answer to your question Matt is a resounding unlikely to no. My answer would be no. Some others might say there's a 1 in a 1000 shot at finding the dream job. Think you'll have to do both to survive.

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