ACTORS: DO YOU REALLY NEED THEM?
Yes.
Yes you do.
Unless you happen to be making an animation with no dialogue, you will have actors in your film. For our purposes, "actor" refers to anyone appearing in your movie or being heard in your movie via voice-over. That also includes background extras, and even those real people appearing in your documentaries. You need their permission in writing. Keep in mind, it’s so much easier to get these signed releases on the set at the time the actors are performing. This is for your own protection as a producer and/or director.
Some buyers, like Mini Movie Channel, require that you deliver copies of your actors' signed releases when you do a deal for exhibition. Often the filmmakers use actor-friends and assume they’ll be able to get a signature from them whenever it’s actually needed. But actors tend to move on. And their signatures go right along with them.
"I know it won’t be a problem," said one filmmaker recently when he was asked by Mini Movie Channel to obtain a missing signature from one of his actors. "But I’ve lost track of him and don't have a new contact for him." The actor was never found and it killed the deal. It's a huge liability to show a film commercially without all the clearances in order. Most buyers will not risk it. Especially for documentaries. It is crucial that the producer/director get a signed release from every real person your camera catches. If you can’t get the release, don’t put them in your final cut. If you’re using a "voice," as in animation dialogue or just replacing a voice in a live action film, you also need the actor's permission in writing.
It doesn't matter whether you are a SAG (Screen Actors Guild) signatory producer or a non-union producer. The liability is the same. And, when it comes to your responsibility to actors and paying them, it's all up to you, including any residuals you might owe down the line. The buyers do not pay any third party on your behalf.
So do yourself a favor and get those signatures. It's not unheard of to have an actor hold a film hostage, depending on what kind of contract you have agreed to. Some contracts even require that you get written permission from the actor before you can actually sell your film.
Finally, a cautionary tale: A producer friend of mine made a film with several celebrities -- all good friends of his. Sure enough, he had an offer to sell his film but he needed signed permission releases from his actors based on the original agreement he'd made with them. He went to each who cheerfully signed off for him, except one (his best friend) who demanded a $1,000 signing bonus in addition to the salary owed him for the upgrade of their contract. Fortunately, my producer friend was able to afford the extortion. But do you think it's safe to say that most of you new filmmakers really wouldn’t be able to get yourselves out of that kind of fix? Thought so.
Yes.
Yes you do.
Unless you happen to be making an animation with no dialogue, you will have actors in your film. For our purposes, "actor" refers to anyone appearing in your movie or being heard in your movie via voice-over. That also includes background extras, and even those real people appearing in your documentaries. You need their permission in writing. Keep in mind, it’s so much easier to get these signed releases on the set at the time the actors are performing. This is for your own protection as a producer and/or director.
Some buyers, like Mini Movie Channel, require that you deliver copies of your actors' signed releases when you do a deal for exhibition. Often the filmmakers use actor-friends and assume they’ll be able to get a signature from them whenever it’s actually needed. But actors tend to move on. And their signatures go right along with them.
"I know it won’t be a problem," said one filmmaker recently when he was asked by Mini Movie Channel to obtain a missing signature from one of his actors. "But I’ve lost track of him and don't have a new contact for him." The actor was never found and it killed the deal. It's a huge liability to show a film commercially without all the clearances in order. Most buyers will not risk it. Especially for documentaries. It is crucial that the producer/director get a signed release from every real person your camera catches. If you can’t get the release, don’t put them in your final cut. If you’re using a "voice," as in animation dialogue or just replacing a voice in a live action film, you also need the actor's permission in writing.
It doesn't matter whether you are a SAG (Screen Actors Guild) signatory producer or a non-union producer. The liability is the same. And, when it comes to your responsibility to actors and paying them, it's all up to you, including any residuals you might owe down the line. The buyers do not pay any third party on your behalf.
So do yourself a favor and get those signatures. It's not unheard of to have an actor hold a film hostage, depending on what kind of contract you have agreed to. Some contracts even require that you get written permission from the actor before you can actually sell your film.
Finally, a cautionary tale: A producer friend of mine made a film with several celebrities -- all good friends of his. Sure enough, he had an offer to sell his film but he needed signed permission releases from his actors based on the original agreement he'd made with them. He went to each who cheerfully signed off for him, except one (his best friend) who demanded a $1,000 signing bonus in addition to the salary owed him for the upgrade of their contract. Fortunately, my producer friend was able to afford the extortion. But do you think it's safe to say that most of you new filmmakers really wouldn’t be able to get yourselves out of that kind of fix? Thought so.
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