Above the Line
There are two types of crew members. Above the line crew members are those who control the aesthetics of a movie, such as the director, producer and cinematographer, just to name a few. Above the line crew members are generally paid a flat fee, as provided in their employment agreements. These agreements most likely contain very complex terms and provisions than those needed for their below the line counterparts due to the nature and extent of their work on a film.
For example, a director’s employment agreement would include compensation for development and production, depending on when the director was hired. The agreement might also include a provision to share a part of the profits if the film does well at the box office.
Moreover, it is not uncommon for above the line crew to receive a daily stipend, or per diem, to cover their expenses while on-set. The agreement generally also includes provisions for how above the line crew are credited in a film, which can sometimes become highly contested.
Also, an agreement of this type might confer the right for directors to hire other crew members and to decide on the cast. A director might want to have control over the editing and final cut of the film and the extent of such control should also be memorialized in the director’s employment agreement.
Finally, an agreement with a director might have a “a right of first refusal” provision that gives the director a right to choose whether to direct any prequels or sequels of the film before the producers can hire another director. Like writers, many experienced directors are members of the DGA.
Their agreements would be subject to DGA rules and their Basic Agreement.
An agreement with a producer should also cover the basic terms of employment, such as a description of the producers’ obligations and compensation. The agreement should cover how the producer will be credited in the film.
Often, it is wise to have an exhaustive list of applicable terms memorialized in the agreement, rather than risking the possibility of running into problems in the course of the film production which could be catastrophic, especially at or near the end of the filmmaking stage.
Below the Line
“Below the Line” crew refers to those crew members who deal with hands-on aspects of filmmaking, such as lighting and sound technicians and script supervisors.
Below the line crew members are generally paid hourly, as opposed to the flat fee above the line crewmembers receive. Therefore, agreements with below the line crew are often less complex than those of their above the line counterparts.
Accordingly, a crew deal memo can be used instead of a full contract for below the line crew members. Deal memos include personal information of the crewmembers such as their name, address, and emergency contact information and social security number.
The deal memo also discusses individual crewmember’s job title, rate of compensation and expense reimbursement. The memo also covers what if any credit a crewmember will receive.
A deal memo is usually only one page long. Deal memos are often a good idea because they clearly set out all the important information on one page and copies can be made available to all crewmembers.
Because of its length, a deal memo is easy for reference, which is especially important in the event a conflict arises.
Excerpt Source: FilmDaily.tv
