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I’m in talks with an Indie film maker about scoring a film (they’re actually paying me) and have been asked to sign a confidentiality agreement – i’m assuming to protect the plot or something – is this protocol?
also…i’m only getting a small cash payment and was wondering if I should ask for something if the movie does well?
I know most indies don’t make a lot but I would be wrecked if it went on to make $ and I didn’t..I saw the trailer already and it’s much better than I expected..thanks
First things first, make sure you keep ownership of the music, unless they’re paying you well. They might need to be reassured that they can use the music without any restrictions, sell it within the film etc, through a ‘license in perpetuity’. The indie clients I’ve worked with have usually been fine with this type of arrangement.
This way you can recoup the loss (considering how much time it takes to score a film – it probably will be a loss in terms of preventing you from doing other paying work) by putting all the cues in NON-exclusive libraries. You just have to make sure they’re always non-exclusive libraries, and that there’s no adrev shenanigans involved.
Back to your question about deferred deals – by all means, ask for as much as you can, but there are a lot of ways film distributors can hide money through a stack of expenses, just look to The Lord of the Rings (Peter Jackson had to sue for his back end money). Also, independent production companies often fold soon after the film is released… that’s not to say that they’re all unscrupulous, but a lot of indie filmmakers form companies that only exist solely for the purpose of running a film, and naturally the company is dissolved after the film is done.
License the music but not “in perpetuity”. The license should be for their use of your music within THAT film only, for the life of the film (if you want additional money if it goes to a new format – (BluRay?) -, you can try but…). Giving them a license “in perpetuity” means they can use the music forever for all sequels, etc without paying you any additional fees. You own masters and pub. What you can offer them is a “holdback” which means they have exclusive use for a period of time (usually a year or for 9 months after a film is released, whichever comes first). As far as deferred payment goes, it’s a great idea. Instead of a % (which you may never see) ask for a flat fee (usually the difference plus a little extra of your usual fee after the upfront money). You’re not likely going to make more the bigger the film gets, but that will likely make you more desirable for bigger gigs if you are part of a “hit”. Keep your right to self release your soundtrack getting their permission to use the artwork etc. That will help promote the film and it’s a nice feather in your cap to have an OST. If they tell you they need all your rights, please inform them a license is quite sufficient. I’ve done it many times before. They’ve worked around a lot of aspects making the film on a budget this should be no different. Also, volunteer to do your own cue sheets and learn how to do them. These will be necessary for them as a deliverable to the distributor and you’ll need them to get royalties if it airs on tv. Make sure it gets filed with your PRS as well. Best of luck!
P.S. Re: deferred payment, I do this as contingent upon the second they sign a distribution deal. If they don’t get distribution (meaning DVD, theatrical, streaming… basically any method of making it public). Make sure you include a time period they have to pay you within.
Typing on an iPhone. Oops! What I wanted to say was if they get no distribution, they don’t owe you any extra but you have a score you were paid to do to use elsewhere in the future.
Re: confidentiality. What do they want you to keep confidential? It would be damaging to your reputation if you leaked their plot/ending, etc. I have never seen this before but if it doesn’t affect your rights, etc… ? Run it by a good attorney.
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