TV Show Split

[BC9696]

CALIF:
1. What standard percentages go to the "creator" of a television show?
2. How is compensation for "show appearances" and "behind the scenes" management determined?
3. What formula(s) are typically used in determining percentage-based interest in a show for the various parties.
4. Is there an industry standard for dividing the pie?
5. How does it work when the same entertainment atty represents the creator, producer, production company and funding sources?
6. How are peripheral revenues traditionally divided (if at all-refers to post-show sales of products and services unrelated to show and associated with celebrity on show)?
7. How are sponsorship funds dispersed? (say Coca Cola puts up 80 mill)

 

[FlyingRon]

These are not legal questions.
There is no stock formula for these things.
With one exception, your questions are outside the scope of this forum.

The only legal question is that it would be a conflict of interest for an attorney to represent both sides of the parties to what ever contract was being executed.

 

[quincy]

Definitely outside the scope of this forum, yet not outside the scope of knowledge of its members, because we are just that bright.

Other than union minimums (scale), everything else would be negotiable (fees, credits, perks, profits, royalties). Those who are more experienced, better known, have a proven track record in the business (like a David Kelley), will be able to negotiate for a higher pay and a higher percentage of the gross receipts. No industry standards, no formulas, no typicals.

As a note, in a 2008 Occupational Employment Stats (OES) report, the median actor's hourly wage was $16.59 and a producer's median annual income was $64,430. The entertainment business does not pay nearly as well as most people assume. It is only the rare few who will earn the millions that we read about in the tabloids, skewing our perceptions of the industry quite a bit.

 

[BC9696]

Hmmmm

Thanks Quincy...you're a bright guy!

I have a TM on a reality show, registered it with the Writer's Guild, have secured sponsors, funding, located someone to produce it and pitch it to the major networks...now it's time to laywer up and draft contracts. Problem is, this is my 1st time doing it and I find myself ill-equipped to negotiate the terms and my entertainment atty represents many people in the business, including those I have involved in this venture. Any advice on how to proceed? Everyone connected to this project has decades in the business which is both good and bad. How do I make sure I am getting a fair deal and not being took or expecting too much?

 

[quincy]

Well, if this is your first venture into the entertainment field, I suppose you can realistically expect to get taken.

The fact that you are surrounding yourself with those who have been in the business a long time helps you more than it hurts you. Even so, you would be wise to do a LOT of research on your own, as knowledge will be your weapon against any "abuses" that may come from you being new to the business. You should definitely know enough to be able to recognize quickly what is clearly NOT fair. What is fair is more subjective.

The Writer's Guild and Guild members can be used as a major source of information, and I recommend checking OES records for the arts and entertainment field for the past few years, to get an idea of industry averages. Industry averages only show a partial picture, of course - they cannot be applied easily to those at the upper or lower ends of the scale - but they can give you an idea if what is being requested or demanded is way out of line.

You are probably okay with the entertainment attorney you have, if you trust his judgment and you are comfortable letting him guide you. But, because this attorney has legal relationships with some of those who will be involved in your show, you will want another attorney to handle any legal issues that arise that would be a conflict of interest (your current attorney will recognize the need for this).

A business lawyer, even one who is not in the entertainment field, can review contracts and reassure you, or can alert you to areas of concern that need addressing. And it would be wise to consult with other lawyers in addition to your entertainment attorney anyway, seeking "second opinions" on any legal matter that you may question.

As I said at the beginning, you can probably expect to be taken advantage of a little bit. That is the nature of being a novice in any field.

Good luck.



(I am just hoping that your reality show is not anything like the "Restaurant Humiliation" idea tossed about recently in another thread )

 

[BC9696]

Many thanks

Actually there is currently nothing like it on TV...it's completely unique. Looks like it will replace Idol and end up on Fox or NBC. Very "real" elimination show. Initials are RTM.

 

[quincy]

That "real elimination" part of your reality show sounds sort of frightening, , but I will be watching for RTM to appear on tv.

I should have mentioned earlier that if you can find an experienced non-competing someone willing to teach you the ins and outs of the television business, a mentor, (s)he can help guide you so that you can avoid many of the problems those new to the business encounter.

Good luck, BC9696.