The Mentoring Room - Ask the Working Pros

Ok, Wise Documentary Filmmakers -

I admit I am a novice, albeit a very ambitious one. I am working on a long-
term project about a musician who's returning to her native Cuba
to perform in a series of concerts in Summer 2005. I've been
shooting her periodically and will continue to do so all the way
through her trip next year. I have no written agreement from her
as yet, but she's reassuring me constantly that this is my project.
I am getting concerned, however. I realize I need to broach the
subject of obtaining a release from her, but I also believe we
need a contract of sorts that I have exclusive rights to this project
over x period of time. Probably what I need is a lawyer, I know.
But one filmmaker has said to me, "You don't want to enter into
a "contractual relationship". You just want a release. "
What are the opinions out there? Any help welcome. Maureen

hey maureen, sounds like you and your subject should have a talk.
that said, if she's at all famous, i'd be surprised if she's willing
to sign something that gives a novice filmmaker exclusive rights.

but at leastg get a release from her, and as soon as possible. if
she's unwilling to sign one, you're in deep doo-doo and should
seriously reconsider continuing on with the film.

Doug & all mentors,

So i have had a discussion today w/my subject about getting a
release from her, and she basically told me she needs to get
paid; she wants a contract that figures in some kind of payment
to her. She said "I'm gonna give you my story, my life, I need
something in return." I told her people do not generally pay their
doc. subjects and she insisted because she's a performer, and
... on and on. This was all over the phone, and we have a real
meeting in a couple of weeks. She is not famous. I told her she
could get great publicity out of this. This didn't seem to sway her.
Seems she's been screwed over before, and while I've
established a great deal of trust with her (she now considers me
her friend), she does not want to feel exploited. She says my
paying her would give me creative control and I would own the
film (well, yea!).

Is this an absurd request? We haven't even broached amount. It
doesn't sound like she wants a mere token, however. At this
point, I've done 20 hours of exploratory shooting, have
researched for the last 8 months, and have mapped out my
future year and a half or more with this project in mind. Is this a
big red flag, or what?

Did Wim Wenders pay the musicians of the Buena Vista S.C? I
rather doubt it. Any wisdom welcome.

Maureen

The subject of the successful French doc, To Be and to Have, famously
sued the filmmaker for a share of the profits last year. It's opened
up a lot of discussion on the subject.

It's not common at all to pay your subject but it's not uncommon, or
IMHO, necessarily wrong to share profits. Of course, profits are
usually dreamworld in the docworld, but if you hit the jackpot then
she shares in it. You might suggest that.

If she insists on payment, I'd be wary. Very very wary.

Doug,

I'm grateful you're out there. Thanks (as always) for your prompt
response. I'm sure I'll be keeping you posted.

Maureen

Hi Working Pros,

I'm entirely new to film/video and starting a New York Film Academy
course this summer. Although I don't expect to become a filmmaker
in 12 weeks, I hope to pick up technical skills that will allow me
to start making videos/films and be valuable to potential employers
in the industry.

A couple questions: first, I've heard positive and negative things
about NYFA, and haven't paid yet, so if you think it's not a
worthwhile place to go, I'd be interested in what you have to say
(if you'd like to respond privately so as not to make a public
statement about them, that's fine!).

Second, I'm given a choice between a "film & DV" course or
a "straight DV" course. I'm leaning toward the latter, as I'm most
interested in documentary and like the idea of learning by lots of
shooting, without fear of wasting expensive media.

Miscellaneous advice is also very welcome.

Thanks for the help!
Dave

Maureen,

My understanding about life stories is that it is a case by case
scenario. It is not uncommon for producers to have to pay money to
basically buy the right to the life story. Sometimes even other
members of the family will interfere and want money or say you have no
right to the story, especially if they are somewhat involved in the
story you're telling.

How much money to pay and whether to pay at all depends on situations,
stories, people. What the subject is asking for is not surprising,
perhaps only the attitude.

There are different ways of doing that, where perhaps a small amount
could be offered initially and additional amounts to be paid if the
film gets distributed and makes any money. and yes a release and a
contract would be signed. It is in a way like optioning a book.
There is a possibility that you could "option" the story for a term
[2-3 years for example], and pay a specific amount of money that gives
you exclusive right to tell her story. After that time expires, if you
secure additional funding or a distribution deal, then you can pay her
additional money.

There are many versions of this. I am not an expert, so you might
want to check elsewhere on this, but that is my general understanding.
and a lawyer could help draft a contract. Some samples are available
online and in some books and one could edit them to fit the case.

Hope this helps. This is an interesting experience and I would be very
curious to learn what happens as you keep negotiating with her.

Perhaps if she realises you're not interested in paying and that it
would mean that she would loose the chance of having her story told,
she might reconsider. Perhaps a small token might be convincing.

let me know if you find out some of what I said was completely wrong.
I am testing my knowledge here. so take it with a grain of salt. sorry
for this long post.

Perhaps you are interested:

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We are now soliciting submissions for the DOCS IN
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DOCS IN PROGRESS JUNE WORKSHOP
When? Tuesday, June 8 at 7:30 pm
Where? Warehouse Theater (1021 Seventh Street Washington
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THE LAST COLONY - Rebecca Kingsley
In Washington DC, the capital of the world's best known
democracy, local citizens continue to be denied political rights
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by their ownlocally-elected leaders rather than by the U.S.
Congress. This film looks at the history of Washington DC's
unique relationship with the federal government and its impact
on the city's residents.

DAUGHTERS of THE LEVANT - Rouane Itani
Women have often been at the forefront of immigrant families
and Arab-American women are no exception. This film traces
the stories of Lebanese and Syrian women immigrants to the
United States who settled with their families in cities and small
towns across the country and emerged as entrepreneurs,
artists, and activists in their new communities.

Adele, this goes in the Classifieds and Announcements topic, not the
Mentoring Room.

A friend (amateur videographer) is documenting a travel
journey and the footage was originally just going to be
for family viewing. But as things develop it looks like some
interesting stories and people have emerged. Some footage
includes informal spontaneous responses from people along
the way, and a few people have given voluntary on camera
interviews with informal verbal approval. I'm going to send my
friend some written performance release forms in case he wants
to use them. We think we "might" be able to edit the material
eventually into some educational documentary or similar program
- who know if there would ever be any profit. Where do you
draw the line about who needs to sign a performance release
eg.,people on the street spontaneous interviews, etc. For those
interviews with no release he might eventually be able to track
down some but not all of the people to get a release. What
would you advise?

From digging around here I've learned that Errors and Omission insurance is a
necessity for a major broadcast or distribution outlet. (it's never been an issue for
any of the second tier festivals or broadcast outlets we've been in so far) The insurers
won't give you a quote until they've seen the finished film, which is understandable.
I've heard that if one doesn't have written releases the cost is higher than if you do.

Our project is doing a fair number of "man on the street" interviews in public places,
and the rest are of willing experts. We won't be doing what Micheal Moore
sometimes does - filming reluctant subjects in private places. I realize that a lawyer's
role is to help you protect yourself, so would probably advise us to have written
releases for all our interviews. However, I'm wondering if it wouldn't be worth paying
extra at the end (if the documentary turns out to be marketable enough) not to have
to deal with the written releases now. It's not the nuisance of the extra paperwork so
much as the chlling effect of asking somebody to sign that paper, and what it will do
to the tone of the interview and the subjects willingness to participate. We will keep
copies of the emails between interviewees/their agents where we explain the project
and who we are and their agreement to the interview.
If we do decide to do the full paperwork route, do folks have any advice on how to
present it in the least intimidating way possible? Besides having a "friendly young
female" production assistant to handle the matter which is not in the budget right
now :-)

This forum has been invaluable - thanks to all,
Simone

Whenever I've had subjects sign releases, I always ask them
immediately after (not before) the interview or appearance
is completed, so that it doesn't make them freezeup or run
away. In my previous post re: my friend (amateur videographer,
traveler) he felt it would spoil the moment and will probably
opt to just get their name and contact info in a friendly
interchange after the on camera stuff. That way if we
eventually produce anything that might be distributed for
profit or aired etc. he'll try to contact them and get a release
signed at that time. In the worst case scenario where we couldn't
reach someone for a needed signature and we really want to use
the footage, I guess we could wait til they see or hear about the
release and pursue us asking for pay or whatever. He's not shooting
any reluctant people or embarassing type of subject matter.

simone, i agree with chris2. have them sign after the interview.
explain that it's not your druthers but the broadcasters require 'em.
be low key and professional about it.

chris2, i tend to draw the line with people who speak on camera. or
if they appear prominently in footage that might cause embarrassment
later. otherwise, i don't worry too much about it. but that's just
me ;-)

With the "willing experts," have them sign the release before the
interview. Usually, I send it to them a few days ahead of time and
explain why we need it and to feel free to call me if they have any
questions or concerns. I ask them to bring it to the interview.
I've never had anyone question it (but I did have a "willing expert"
become "unwilling" when presented with the release AFTER the
interview; it was a big blow to both of us for feeling we had wasted
the time of the interview).

With "man on the street," I judge the circumstances of the
interview. In general, I also try to get the release signed before
the interview, but have done it after as well. I usually find that
using a dose of humor helps - "Now's when I need to ask you to sign
your life away," followed by a brief explanation of why I need the
release (similar to what Doug said) usually does the trick.

This is more of a producing question--but i'm looking everywhere for
help...I'm producing/directing/writing/editing, etc. a doc. about an
independent avant-garde record label. They want the copyrights and
so do I...what do you think is fair? can we share?
thanks if you can help,
sincerely,
meryl

meryl, the simplest and lowest budget solution is for them to
maintain copyright and you simply license the music for the film
itself (worldwide rights, all media, in perpetuity). if you make a
big concession over the copyright you can probably get the price down
pretty low. then y'all can work as partners in crime in getting the
film out as widely as possible.

why would you need to own the copyright, btw?

thanks for the response Doug. I am obtaining all licensing rights
for the musicindeed...what price are you talking about though?
to answer your question, I want the copyright because I funded it,
made it all myself, etc....so i feel as though I should own it. >?
is that stupid of me? as long as it is in the contract that they
will sell it in perpetuity, and if not, then i have the rights to
sell it..i guess it doesn't really matter. ?
they are licensing the music to me for free.

oh, i misunderstood, meryl. i thought the issue was copyright to
their music. if it's copyright to the film, you should absolutely own
it, since you funded it.

i'm confused, though: the record company is the subject of the film.
are they helping you distribute it, as well?

hey doug...ok good, do you know of any good books that cover the
business side of documentary...all of mine just touch very briefly
and aren't much help. i want to have a document in front of me that
i can show him so i can explain this.
yes, they are helping distribute it--it will be sold in tower
records, indie record stores, on their website, at their shows, etc.
but i will be putting it in the festival circuit and we'll see if we
can get it to some art houses first...maybe we'll make a tv cut too.

Hello there people!

I have a big question. I am involved in a project that is most likely
going to be shooting overseas. Now, having looked at Michael
Moore's "Farenheight 9/11" and how politically charged it is, I am
wondering about his need for release forms concerning Senators,
Congressmen etc. I doubt he got permission from some of the people he
interviewed.

Now my problem is this, (If things go well) I will be interviewing
politicians from countries other than here in the States....what sort
of rules apply?

all sorts depending on where the doc will be shown. e.g., which
countries. You need a signed release as protection for your film.
The other rules apply to what you can and can't ask depending on who
you are talking to. Politicians have handlers. Expect them to set
rules.

Hi there everyone,

I have one specific question and one general neurosis:

Question---Where can I find a good comprehensive release form
online? Or do you any of you have a standard release that I can use?

Neurosis---for my film I will be shooting in the waiting room of an
emergency department. I have gotten permission from the hospital to
do this, but they are requiring that someone from their marketing
dept. be with me all the time. Any suggestions on how best to handle
this situation? Will people really talk to me with a marketing rep
around?

thanks,
Cameron

Hey, I'd love to participate in the political documentary forum, but
for some reason no text box appears when I go to that topic, even
though I do get a text box in all other topics. Anyone else having
this problem? Is this maybe why there are no comments yet?

Cameron

It hasn't started yet, Cameron. It runs from Mon, Aug 9 to Fri, Aug
13. Until then, it's "read only."

HI all. I've been working on a film by myself for about a year and now have
found someone i want to bring on as an assistant producer/associate
producer type. of course i don't have any money, and i'm wondering what i
can offer to keep their interest. deferments? percentage of any money they
raise from grant bodies, etc.? or should i just pay them a nominal amount (i.e.
$75/day)?

this is someone with no experience in docs but great experience as a writer,
etc. i.e. someone who deserves to be paid. what's usual? what's fair?