Ultra Low Budget-sag

Has anyone had experience with ultra low budget for Sag? As I understand it the maximum for production is $200,000 plus deferments for a total of $500000.My questions are: 1. Does this budget include post production? 2. Sag doesn't spell it out as to how long payment can be deferred. Elly
 
The 'exerimental' contracts were just recently revamped.. there is now the 'short' contract and as you say, the ultra-low budget contract. This is all fairly well detailed in the latest issue of Moviemaker. I'll paraphrase it here:

Basically it breaks down like this...

The Short film agreement allows you to defer all payment to actors if your film is under 35 minutes, has a shooting schedule of 30 or less nonconsecutive days, and a maximum budget of $50,000. If either the runtime or shooting limit is exceeded however, then it will automatically convert to 'Modified Low Budget Agreement' rates. Also you're limited to the exploitation of the film.. festivals, academy consideration screenings, unpaid non-public (as in free invite only) "showcase" screenings, and up to a year run on public access TV, provided no compensation is provided for airing it.

The Ultra-Low Budget Agreement "is designed for feature films intended for initial theatrical release and not television. It excludes music videos, and has added animation projects to those ineligedble to use the deal."

Post production is part of the production budget (or, what it costs to make the movie) so, yes the $500K includes post. Payment is deferred until the film gets distribution. The new version of the ultra-low budget agreement allows for a $100 minimum day rate though.. so you can pay your SAG actors $100 x (num working days), and are then clear to have an unlimited general theatrical release, without the old jump in SAG rates.

You can always get all the details from the SAG office.. and don't forget about AFTRA, the 'other' actors union.. ;)
 
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Sag Ultra Low Budget

Thanks for the information. do I interpret what you say to mean that the salaries don't have to be paid until a distribution deal is received no matter how long that is. The main reason I am interested in the ultra low budget sag contract is not the deferrment but the ability to have sag and non sag actors. It is my understanding the the low budget agreement doesn't allow that. Thanks again. Elly
 
elly said:
Thanks for the information. do I interpret what you say to mean that the salaries don't have to be paid until a distribution deal is received no matter how long that is.

My understanding is that you DO have to pay them the base rate. Also, you have to do your payroll through SAG.

We are actually in the process of dealing with the ultra-low-budget agreement for a shoot next month. I'll let you know if I learn anything different.

The main reason I am interested in the ultra low budget sag contract is not the deferrment but the ability to have sag and non sag actors. It is my understanding the the low budget agreement doesn't allow that. Thanks again. Elly

Yes, you can hire both non-SAG and SAG actors with the ultra low budget agreement.
 
Here are my notes from working under SAG ultra low:
1) The base rate is $100/day for the SAG actors but this is not for a 12 hr day. This is for an 8hr day and the SAG actors are entitled to overtime after that. If most of your actors are SAG and you want to work 12hr days then I recommend accounting for this in your budget. You might think you'll stick to 8hr days for the SAG actors.. but beware of wishful thinking.
2) You must go through a payroll service who will add a bunch of fringes and taxes. If you are shooting in NYC then will be paying more like $140 for your SAG actor for an 8hr day. Not to mention, someone on your production staff must spend time working with the payroll house and pay them a fee to cut checks. This brings the real cost of your SAG actor's 8hr day to more like $150/day.
3) You must post a bond to SAG. This bond is used to cover any penalties that you may incur. They will tell you how much when you finish your application.
4) If any of the above sounds offputting - just remind yourself that it's worth the hassle to get experienced actors!


Beeblebrox said:
My understanding is that you DO have to pay them the base rate. Also, you have to do your payroll through SAG.

We are actually in the process of dealing with the ultra-low-budget agreement for a shoot next month. I'll let you know if I learn anything different.



Yes, you can hire both non-SAG and SAG actors with the ultra low budget agreement.
 
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Talking distribution..... so that ULB is for initial theatrical release...what if you don't get that and then the film goes straight to DVD, do you have to negotiate with SAG again? Do the actors get residuals then?

Cheerio
Elke
 
We just went through the whole process, and it went like this: we signed the Limited Exhibition Agreement, which is the older form of the Ultra Low-Budget Agreement. We showed at festivals and had a limited theatrical release, then we got a DVD distribution deal.

When you get any kind of distribution, which you're not allowed to do under the ULB Agreement, you have to UPGRADE to a higher level of contract. If you've had a theatrical release, you upgrade to the Modified Low Budget Agreement, and you have to pay your actors back pay on that rate (which is about $500 a day plus overtime and pension and health), and you also owe them residuals. The catch is, you are required to screen your film in at least one NON-ARTHOUSE THEATER. SAG will tell you if the theater is considered an arthouse theater are not. I'm not clear on what their parameters are, but I think that most theaters that screen independent films are considered arthouse theaters, including the Cinema Village, the Sunset 5, the Landmark Theaters, etc. By some freak of luck we happened to screen at one AMC Theater in Montreal, so we were safe.

If you can't prove that you screened at a non-arthouse theater then you are bumped to the next level, the Independent Television Producer's Agreement, which is I think around $700 a day. That's for an 8 hour day. So if you had a 12 hour day where you paid the actor $100 plus 4 hours overtime and it cost you $175 plus 13% pension and health at the time, now you owe that actor overtime on $700, so that would be $1225 for that one day, plus about $160 for pension and heath plans and about 15% more that the payroll company takes. So you are looking at about $1500 a day for any actor that signs any type of SAG contract if you plan to release that film on DVD, even if you release it yourself. And you are liable for residual payments on your gross sales of about 5%, on which you also have to pay a payroll company and pension and health benefits.

If you release your DVD without telling SAG and they find out, they will sue you for breach of contract and make you pay the highest going rate or they will take you to court.

And one more thing: if you are producing a SAG movie and acting in it yourself, make sure to sign the SAG paperwork and time sheets, or else you will not be entitled to any residuals yourself, even if you were the lead and everyone who signed the SAG contract had only one line. The SAG actors will split the residuals pie between them, and no one else in the cast is entitled to anything. You can't do this after the fact.

I scoured the web for this kind of information and couldn't find it, so I hope this helps some of you who are planning to use SAG actors in your films. Good luck.
 
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If a feature falls under the SAG Ultra Low Budget rules, where would it leave a non-union actor with a supporting role? Would he/she be SAG eligible, if cast in SAG ULB? and What would payment be required? (New Mexico, area.)
 
Hi rewsingn and welcome to indietalk!

If you go to http://www.sagindie.org/ and click on SAGIndie
Contracts: Information & Downloads your questions will be
answered.

Essentially the Low Budget Agreement allows for the uses of
both professional and non-professional performers. But check
out their site - it's very informative.
 
re: Ultra Low will NOT make you eligible to join SAG

SAG will not grant Eligibility for speaking roles performed by Non-Union Actors in Ultra Low Budget Agreements. Ridiculous, but true!
My question is: How does one ensure that equal pay, including any future profits (residual percentage) is given to a Non-Union Actor playing a Principal role??
 
yes, check sagindie for the latest. but this was my experience... you can increase the budget to $250,000 if you have a diverse cast. payment for deferments is due if and when you sell or distribute the film outside of its original intended market. Usually, with the L.E.A. (Limited Exibition Agreement) THAT is the film festival market. Selling it to a DVD distributor, for example, would quality. They require a top sheet from your budget, which would include your post production allocations.
 
SAG will not grant Eligibility for speaking roles performed by Non-Union Actors in Ultra Low Budget Agreements. Ridiculous, but true!
My question is: How does one ensure that equal pay, including any future profits (residual percentage) is given to a Non-Union Actor playing a Principal role??
That is what SAG is for... negotiating rates and working conditions, and TRACKING RESIDUALS. A non-union actor would have to negotiate to receive residuals in the first place, and then have to keep an eye on the project themselves, or at least hire someone to. I suppose they might have their agent or manager help with that. But obviously, its better to have a union watching your back.
 
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