Monday, October 12, 2009

"THE TOP 10 MISTAKES ACTORS MAKE WHEN THEY SIGN A CONTRACT" BY JEFF B. COHEN, ESQ. (BACKSTAGE, JULY 30)

1. They don't read it.

2. They don't get the opinion of an attorney: "... whether the contract is with a studio, network, or theatre producer, you can be sure those of the other side will have a lawyer advising them. So should you.

3. They don't check exclusivity.

4. They don't confirm union status.

5. They don't get most-favored-nations language: "... the contract should clearly state that the actor's terms are a most-favored-nations basis, just so the producer doesn't get cute."

6. They don't get a merchandising clause: "... 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 advisor to see whether the benefits outweigh the costs in your situation."

8. They don't understand how long the contract may last.

9. They don't get pay-or-pay language: " A pay-or-pay 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.

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