Demand Business Savvy
IMAGINE that you’ve found an editor who understands your vision, listens well and has more awards than you as a director can ever hope to win. With a sense of relief you prepare to sign on the dotted line … but discover that your editor is reluctant. “We really can’t put deadlines into the contract,” says your potential editor, “We don’t know how long it will take to edit the film.” Five months later you are only at rough cut stage. Your post-production budget is spiraling out of control. The invoices keep coming. And your editor trusts you to pay them.
Tip #2: Demand Business Savvy.
It’s easy to feel gleeful about getting on with the creative aspect of filmmaking, and directors may be tempted to let down their guard when it comes to sound business practices with their editor. Don’t. Expect that your editor will respect your business enterprise, your budget and your fundraising efforts with good boundaries.
As an independent, you do not have the luxury of a legal staff or retainer found at many post-production houses. And it is not the editor’s responsibility to draw up a “work for hire” contract, says Eli Olsen, who edited My Flesh and Blood, winner of the 2003 Sundance Audience Award. However, many editors have such a contract ready if you need help in this area. In addition, free work-for-hire contract templates are available online, or you can arrange a free legal consultation or take a free class from a non-profit such as the San Francisco Film Society or California Lawyers for the Arts. Better yet, spend a little money to obtain a customized contract from a reputable attorney who specializes in entertainment law and documentary filmmaking, such as Richard Lee (rjl@leelawless.com), Alan Korn (aakorn@igc.org) or George Rush (george@gmrush.com). According to Rush, who writes an excellent column in SF360 on this topic (http://www.sf360.org/indie-toolkit/avoiding-disaster), small disagreements can easily snowball into major falling outs in the absence of a legal agreement. (He adds that the maelstrom is even worse when collaborators have been romantically involved, which with co-directors happens more often than you’d think!)
While some of the following stipulations are controversial in the independent world, expect that your editor should be willing to agree to:
- a work-for-hire contract that includes a clause assigning copyright to you
- an addendum that outlines a post-production timetable specifying target delivery dates for assembly, rough cut, fine cut and locked picture
- a mechanism for amending delivery dates if needed
- a fee that reflects professional rates in your area ($1750-3300/week)
- an invoicing system
While this may seem like common sense, it’s amazing how many directors and editors operate without a written contract. Don’t get stuck wondering how long the next cut is going to take, and then feeling resentful when it’s not delivered when you thought it would be. Your creative comrade should be just as business savvy as you. After all, you’re paying their salary.