• ✅ Technical and creative solutions for your film.
    ✅ Screenplay formatting help, plot and story guidance.
    ✅ A respectful community of professionals and newbies.
    ✅ Network with composers, editors, cast, crew, and more!
    🎬 IndieTalk - Filmmaking and Screenwriting help site and community.
    By filmmakers, for filmmakers since 2003

Help with Producer memo deal

B

BruceDowns

Does this part of the agreement include HBO or Netflix deals? Thanks in advance. Bruce D.

(b) Fees: (ii) Participation: Two Percent (2%) of the One Hundred Percent (100 %) of the Production Company's gross revenues from theatrical box office and television and ancillary licensed rights sales in the United States and Canada, reducible by the break-even amount of investor recoupment not to exceed Two Hundred Thousand ($200,000.00).
 
Sort by date Sort by votes
BruceDowns said:
Does this part of the agreement include HBO or Netflix deals? Thanks in advance. Bruce D.

(b) Fees: (ii) Participation: Two Percent (2%) of the One Hundred Percent (100 %) of the Production Company's gross revenues from theatrical box office and television and ancillary licensed rights sales in the United States and Canada, reducible by the break-even amount of investor recoupment not to exceed Two Hundred Thousand ($200,000.00).
Click to expand...
Yes. It includes all deals.

But since I haven't read the entire contract that's just a guess.

I guess not helpful. But HBO and Netflix are most likely "television and ancillary licensed rights sales".
 
Upvote 0 Downvote
(b) Fees: (ii) Participation: Two Percent (2%) of the One Hundred Percent (100 %) of the Production Company's gross revenues from theatrical box office and television and ancillary licensed rights sales in the United States and Canada, reducible by the break-even amount of investor recoupment not to exceed Two Hundred Thousand ($200,000.00).
Click to expand...

It's virtually impossible to tell with this little information, which is sometimes typical of deal memos. There wouldn't perhaps be a definitions appendix? Streaming can come under new media. It's not necessarily included as ancillary.

As much as I've done some contract law a side function of an old job, you need to talk with an entertainment attorney. As an educated guess, you're not going to see a nickel from this deal, but it might be the usual "good experience" and "exposure" though you could potentially get a decent upside if it goes gangbusters.

Depending on what type of producer you're talking about, they usually get paid as a percentage of the budget (or a flat fee with smaller budgets like this). Clauses like yours are usually a performance bonus, often as a percentage of net profits.
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top