Today's Poll: What's Your Favorite John Hughes movie?
Mine is "The Breakfast Club"
Friday, August 7, 2009
Thursday, August 6, 2009
The Top 10 Mistakes Actors Make When They Sign a Contract
By Jeff B. Cohen, EsQ.
BackStage.com
July 30, 2009
1. They don't read it.
Your primary focus as an actor is your craft. So when you get that part and a deal comes your way, your first instinct may be to sign, sign, sign before the contract evaporates. But take a moment to read it. This thin piece of paper governs the relationship between your money, your art, and your career. In a business filled with puffery, the rubber hits the road with your contract. You worked so hard to get it, so read the damn thing!
2. They don't get the opinion of an attorney.
As an entertainment lawyer, I may be a bit biased here. But whether the contract is with a studio, network, or theater producer, you can be sure those on the other side will have a lawyer advising them. So should you. You may have no leverage to negotiate a better deal. Your agent may have already pushed the agreement as far as it will go. But you still need to read it and discuss it with an attorney. Why? So you'll fully understand the obligations you're agreeing to.
3. They don't check the exclusivity.
Exclusivity provisions can prevent you from performing in various commercials, television shows, films, and even Internet projects. Additionally, they're almost always subject to negotiation.
4. They don't confirm the union status.
The contract should clearly state if the agreement is covered by the Screen Actors Guild, the American Federation of Television and Radio Artists, or Actors' Equity Association. And on an independent film, the actor should call SAG to confirm that the producer really is a SAG signatory.
5. They don't get most-favored-nations language.
The producer may have assured you that all the actors are getting the same salary, the same credit, the same-size dressing room, and so on—this is often referred to as "most favored nations"—but the contract should clearly state that the actor's terms are on a most-favored-nations basis, just so the producer doesn't get cute.
6. They don't get a merchandising clause.
It's very common for producers to provide actors with profit participation with respect to merchandising—5 percent of the net profits associated with any merchandising that uses the actor's image. So ask for it!
7. They don't use a loan-out corporation.
If an actor is grossing in the ballpark of $150,000 annually, he or she may be able to save money in taxes by forming a corporation that contracts directly with the producer for the actor's services. This is commonly referred to as a loan-out corporation. Please consult with your attorney and tax adviser to see whether the benefits outweigh the costs in your situation.
8. They don't understand how long the contract may last.
In the case of a test option agreement for a television show, the broadcaster may have the option to engage the actor at a preset price for a number of years (six years is not uncommon). Make sure you understand how long the agreement may tie up your precious time.
9. They don't get pay-or-play language.
So let's say you don't get along with the director and you're unceremoniously fired for no good reason. What then? Well, if you have pay-or-play language, you still get paid. A pay-or-play provision means that even if the producer no longer uses your services, you still get paid your contractual rate.
10. They don't check the perks.
Who doesn't like perks? They're the fantastic swag bag in the gifting suite that is your deal. Keep your wardrobe, get first-class travel to the premiere of your film and a luxurious dressing room (no less favorable than those of your co-stars, of course), plus a dedicated assistant, a free DVD copy of the project when it's commercially available, a first-class ticket to the location for your significant other…. You work hard. If you have the leverage to get those perks, live it up!
BackStage.com
July 30, 2009
1. They don't read it.
Your primary focus as an actor is your craft. So when you get that part and a deal comes your way, your first instinct may be to sign, sign, sign before the contract evaporates. But take a moment to read it. This thin piece of paper governs the relationship between your money, your art, and your career. In a business filled with puffery, the rubber hits the road with your contract. You worked so hard to get it, so read the damn thing!
2. They don't get the opinion of an attorney.
As an entertainment lawyer, I may be a bit biased here. But whether the contract is with a studio, network, or theater producer, you can be sure those on the other side will have a lawyer advising them. So should you. You may have no leverage to negotiate a better deal. Your agent may have already pushed the agreement as far as it will go. But you still need to read it and discuss it with an attorney. Why? So you'll fully understand the obligations you're agreeing to.
3. They don't check the exclusivity.
Exclusivity provisions can prevent you from performing in various commercials, television shows, films, and even Internet projects. Additionally, they're almost always subject to negotiation.
4. They don't confirm the union status.
The contract should clearly state if the agreement is covered by the Screen Actors Guild, the American Federation of Television and Radio Artists, or Actors' Equity Association. And on an independent film, the actor should call SAG to confirm that the producer really is a SAG signatory.
5. They don't get most-favored-nations language.
The producer may have assured you that all the actors are getting the same salary, the same credit, the same-size dressing room, and so on—this is often referred to as "most favored nations"—but the contract should clearly state that the actor's terms are on a most-favored-nations basis, just so the producer doesn't get cute.
6. They don't get a merchandising clause.
It's very common for producers to provide actors with profit participation with respect to merchandising—5 percent of the net profits associated with any merchandising that uses the actor's image. So ask for it!
7. They don't use a loan-out corporation.
If an actor is grossing in the ballpark of $150,000 annually, he or she may be able to save money in taxes by forming a corporation that contracts directly with the producer for the actor's services. This is commonly referred to as a loan-out corporation. Please consult with your attorney and tax adviser to see whether the benefits outweigh the costs in your situation.
8. They don't understand how long the contract may last.
In the case of a test option agreement for a television show, the broadcaster may have the option to engage the actor at a preset price for a number of years (six years is not uncommon). Make sure you understand how long the agreement may tie up your precious time.
9. They don't get pay-or-play language.
So let's say you don't get along with the director and you're unceremoniously fired for no good reason. What then? Well, if you have pay-or-play language, you still get paid. A pay-or-play provision means that even if the producer no longer uses your services, you still get paid your contractual rate.
10. They don't check the perks.
Who doesn't like perks? They're the fantastic swag bag in the gifting suite that is your deal. Keep your wardrobe, get first-class travel to the premiere of your film and a luxurious dressing room (no less favorable than those of your co-stars, of course), plus a dedicated assistant, a free DVD copy of the project when it's commercially available, a first-class ticket to the location for your significant other…. You work hard. If you have the leverage to get those perks, live it up!
Friday, July 31, 2009
101 Tips for Actors - Last Call at Sale Price
***
LAST CALL @ SALE PRICE!
101 Tips for Actors: Secrets for Success Every Actor Must Know
Designed to provide you with practical information for pursuing your acting career, 101 Tips for Actors gives you an insider's look at how to be successful in this business. To learn more, go to: www.101TipsForActors.com.
***
As you know, I'm completely Sold-Out of my book "101 Tips for Actors," and have been for a while now. The GOOD NEWS is that I have given you access to the PDF version of my book at 50% off for almost a year now, bringing the price to $9.97. You see I really want to help you succeed in this business.
The BAD NEWS is that this sale price is ONLY AVAILABLE THRU JULY 31ST because on August 1st, I'm raising the price back up to $19.97.
Therefore, if you want to take advantage of this great opportunity, go to: 101 Tips for Actors and download your copy TODAY!
***
"A valuable guidebook, written by someone who truly cares (and who has truly been there), 101 Tips for Actors offers a user-friendly combination of acquired wisdom, business etiquette, and good old-fashioned common sense for anyone who's just beginning to navigate the strange and often murky waters of this swamp we lovingly call Hollywood."
Mark Deklin
(Film, Television, and Broadway Actor & Fight Director)
***
"I have just read the very useful book, '101 Tips for Actors: Secrets for Success Every Actor Must Know,' by Sharon Moist. Here you have a very practical guide on how to get your acting career up and going, and how to sustain it. This book presents a hands-on approach that is fresh, practical and amusing. Sharon has managed to condense my 35 years of being a professional actor into 101 Tips. What is obvious to me will now be obvious to you. Brava, Sharon!"
Marianne Muellerleile
***
BUY YOUR COPY TODAY!
LAST CALL @ SALE PRICE!
101 Tips for Actors: Secrets for Success Every Actor Must Know
Designed to provide you with practical information for pursuing your acting career, 101 Tips for Actors gives you an insider's look at how to be successful in this business. To learn more, go to: www.101TipsForActors.com.
***
As you know, I'm completely Sold-Out of my book "101 Tips for Actors," and have been for a while now. The GOOD NEWS is that I have given you access to the PDF version of my book at 50% off for almost a year now, bringing the price to $9.97. You see I really want to help you succeed in this business.
The BAD NEWS is that this sale price is ONLY AVAILABLE THRU JULY 31ST because on August 1st, I'm raising the price back up to $19.97.
Therefore, if you want to take advantage of this great opportunity, go to: 101 Tips for Actors and download your copy TODAY!
***
"A valuable guidebook, written by someone who truly cares (and who has truly been there), 101 Tips for Actors offers a user-friendly combination of acquired wisdom, business etiquette, and good old-fashioned common sense for anyone who's just beginning to navigate the strange and often murky waters of this swamp we lovingly call Hollywood."
Mark Deklin
(Film, Television, and Broadway Actor & Fight Director)
***
"I have just read the very useful book, '101 Tips for Actors: Secrets for Success Every Actor Must Know,' by Sharon Moist. Here you have a very practical guide on how to get your acting career up and going, and how to sustain it. This book presents a hands-on approach that is fresh, practical and amusing. Sharon has managed to condense my 35 years of being a professional actor into 101 Tips. What is obvious to me will now be obvious to you. Brava, Sharon!"
Marianne Muellerleile
***
BUY YOUR COPY TODAY!
Monday, July 27, 2009
New in Print: Discover Your Inner Strength
I'm pleased to announce that my newest book, entitled "Discover Your Inner Strength," is now for sale.
This brand-new anthology was co-authored with business giants Brian Tracy, Stephen Covey & Ken Blanchard, and can be purchased here.
Enjoy!
Sharon Moist
The Industry Coach®
*********
Industry News Digest
101 Tips for Actors (Book)
Discover Your Inner Strength (Book)
Actors Resource Center®
Actors Resource Center® Memberships Still Available!
Just a quick note to let you know that Charter Memberships in the Actors Resource Center® are still available, and even better ... membership is FREE.
Become a member here...
To Your Success,
Sharon
Sharon Moist
The Industry Coach®
*********
Website: The Industry Coach
Newsletter: Industry News Digest
Books: 101 Tips for Actors / Discover Your Inner Strength
Blog: Industry Coach Blog
Facebook
Twitter
Become a member here...
To Your Success,
Sharon
Sharon Moist
The Industry Coach®
*********
Website: The Industry Coach
Newsletter: Industry News Digest
Books: 101 Tips for Actors / Discover Your Inner Strength
Blog: Industry Coach Blog
Monday, July 13, 2009
Drop Dead Diva Rocks!
Congratulations to Lifetime TV, Brooke Elliott and the cast and crew of Drop Dead Diva for this fabulous new TV show!
Here's wishing you much continued success...
Sharon
Sharon Moist
The Industry Coach®
*********
Website: The Industry Coach
Newsletter: Industry News Digest
Book: 101 Tips for Actors
Facebook: Sharon Moist
Twitter: Sharon Moist
Here's wishing you much continued success...
Sharon
Sharon Moist
The Industry Coach®
*********
Website: The Industry Coach
Newsletter: Industry News Digest
Book: 101 Tips for Actors
Facebook: Sharon Moist
Twitter: Sharon Moist
Sunday, July 12, 2009
Actors Resource Center® is Now Open
The first phase of the Actors Resource Center® is now open and available for membership!
To learn more, or to join go to: Actors Resource Center
I look forward to seeing you there!
Sharon Moist
The Industry Coach®
*********
Website
Newsletter
101 Tips for Actors
Facebook
Twitter
To learn more, or to join go to: Actors Resource Center
I look forward to seeing you there!
Sharon Moist
The Industry Coach®
*********
Website
Newsletter
101 Tips for Actors
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