Quick legal question for you to stew over...
My friend and I are interested in producing an independent short film we wrote. We will be doing all the work, however we need an actress to play a particular role. We found one online and she has agreed to work for only a hundred bucks a copy of the DVD. Now my question is who has the rights to this after all is done? At this point, we want to make a DVD but may want to screen this short at a film festival, etc. We don?t envision trying to make a profit off this but you never know. What should we make her sign or what do we have to be careful about regarding her selling, profiting, or otherwise using the DVD without our permission? Since she is just an aspiring actress and seems legit, we only assume she is just taking on as many projects as possible (even if for table scraps now) for her resume. I?m just trying to play Devil?s Advocate here. Any insight would be greatly appreciated.
-Jack
Welcome to the boards, Jack!
The reality is there isn't a market for short films. You don't buy them, I don't buy them and the general public doesn't buy them. So the chances are slim that one actress will be able to undermine your profit potential by making copies of the DVD and selling them.
Using the standard model/performance release contract is enough. What I do is to go beyond the expected and actually offer to pull a couple of scenes with the actor and offer them as a QuickTime file for them to use on their reel. Especially for an up and coming actor who is working for so little money. And then I make sure they get enough copies of the DVD to send to their friends and family. Treat them as a partner, as an ally, rather than a competitor and you won't have anything to worry about. I haven't yet met an actor who wants to distribute movies.
But just playing Devil's Advocate - I guess you could put a clause in the contract stating that she cannot copy or distribute for profit the final movie.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Thank you for the response. It seems that I may just be over thinking things, however I wanted to get some insight from someone ahead of the game.
Btw, very great site! I think it is a very good resource for someone with an idea, and ways to get that idea to the screen.
-Jack
