Directors’ Minimum Terms

SDGI Director Contracts Minimum Terms

Differences – Theatric

1. Parties

Contracting party, name of properly incorporated company, company number, address and if applicable person responsible for dealing with the Director.

2. Development

If Director is to be working on development there must be a development deal/separate development agreement for non-exclusive services with a right, or a right of first negotiation, to be engaged to direct if the film is made
Period and extent of services should have a cut off time (not be forever and unlimited)
Fee to be no less than the minimum set from time to time by the Guild for these service

3. Engagement

Period of engagement/schedule to be stated
Period of exclusivity: not before start of official pre-production and not after Director’s cut
Period of non-exclusivity: not before payment terms are to apply and not after picture lock
Pay or play when anyone else becomes pay or play
Pay and play if writer/director who has brought the project to the production company
Five or six day week to be stated

4. Renumeration

If remuneration is agreed before the budget is prepared/locked, and is agreed on the basis of a specified budget amount, a percentage increase to be specified if the budget increases beyond notified levels
Copy of final budget or budget top sheet when locked/financing closed to be provided to the Director
Payment schedule not worse than instalments of 10/10/60/10/10%. 10% on commencement of pre-production, 10% on completion of pre-production, 60% by weekly instalments or in agreed instalments over the scheduled period of principal photography, 10% on delivery of the director’s cut, 10% on picture lock
Retainer for Director holding him/herself available, if applicable/priority of availability required in advance
Security or escrow arrangements where applicable/possible
If any amounts are to be deferred this must be a first position deferment before any other deferments or if this is impossible pro-rata with other deferments. It must not in any event be worse than a pro rata portion of the fee which is fair and which is proportionate with producer’s and others’ deferments relative to their fees. A compensatory increase in net profits to be paid to the Director for any deferments agreed by him/her
Net profits must be net profits not producer’s profits and must not have any deductions made. Calculation, definition and payment must be favoured nations with all other participants in profits, including financiers, actors and the producer/production company
Accounting and audit rights with payment of audit costs if 5% underpayments made
Collection agent (for film revenues/net profits) to pay and account direct to the Director and a copy of the collection agreement or of the relevant parts of it to be provided to the Director
Any box office bonuses where applicable/agreed
Rental and lending rights payments and secondary rights and other payments collected by the Guild and/or any other collecting societies to be payable to the Director (and not the entitlement of the production company or any other entities)
Pension payments to be made to the Guild

5. Credit

On Screen

If the Director substantially directs the principal photography of the film the credit entitlement applies
Form of credit to be stated: “director” or “directed by”
Possessory credit (“A…film” ) when appropriate
Where written and directed by the Director, credit to be “written and directed by” unless the Director otherwise requests
Position, size of type (height, width and thickness), relative to title/other credits; must be favoured nations with all credits
Obligation to require third parties to accord credit and obligation to remedy any failure on a prospective basis
Right of Director to not be accorded credit on screen (or in paid ads)

Paid Ads

Same credit(s), position, size etc. as above relative to title and other credits
Paid ads exclusions not to apply where anyone else is accorded credit except for award and nomination ads where only the person awarded or nominated is accorded credit and special ads where only that person is mentioned
Obligation to require third parties to accord credit and obligation to remedy any failure on a prospective basis

6. Expenses

Transport and expenses to be paid where the Director is required to render services more than 30 miles from his/her residence
Accommodation where overnight stay is required
Per diem
Transport, accommodation and per diems to be at least favoured nations with all others (including the individual producer and HODs) with the possible exception only of principal cast
In any case where expenses are not paid in advance to the Director/paid direct by the Company expenses claims (accompanied by receipts) which are submitted by the Director to be settled by the Company promptly
Exclusive ground transport/car and driver/rental car during prep/shoot/post
Office/assistant/secretarial facilities

7. Approvals/Consultation

Transport and expenses to be paid where the Director is required to render services more than 30 miles from his/her residence
Accommodation where overnight stay is required
Per diem
Transport, accommodation and per diems to be at least favoured nations with all others (including the individual producer and HODs) with the possible exception only of principal cast
In any case where expenses are not paid in advance to the Director/paid direct by the Company expenses claims (accompanied by receipts) which are submitted by the Director to be settled by the Company promptly
Exclusive ground transport/car and driver/rental car during prep/shoot/post
Office/assistant/secretarial facilities

8. Cutting Rights

Director to have the right to view all rushes
Director to have the right to prepare at least the director’s cut and two prior cuts (before the director’s cut, to get to the director’s cut)
In the normal course, these will be supervised by the Director but the Director to have the right to at least be consulted on later cuts and sound post production/grading/transfer
If there are previews, Director to have the right to be present
Depending on budget Director to have the right to previews
Director to have the right to prepare or be consulted on post delivery cuts if the production company/top company has these rights

9. Suspension and Termination

No suspension without written notice of a suspension
Right to terminate without legal cause (i.e. if the Director is not “pay and play”) to be on the basis that the Director is to be paid all the contractual remuneration and profit share
Incapacity and default terms to be reasonable in the circumstances for suspension and termination and to be on the basis that the Director is paid up to the date of the suspension/termination and to the percentage of profits relative to the accrued remuneration and all accrued expenses
Right to top up insurance if necessary
Force majeure suspension and termination only if all others suspended
Re-instatement following force majeure suspension or abandonment if filming is resumed

10. Expenses for Promotion

Transport/accommodation/per diem to be at least favoured nations with individual producer and writer

11. Premieres

Invitations (plus guest) to celebrity Irish/UK and US premieres and in any co-production territories if held
Reasonable efforts to have distributors pay transportation accommodation and expenses and these to be at least favoured nations with individual producer and writer

12. DVD / Showreel / Print

At least one DVD to be provided to Director for personal use when commercially available
Director to be entitled to include extracts of the film on the Director’s show reel
Director to be provided on request with a print/copy of the Film, for the purposes of private viewing and showing to potential employers

13. Insurance

On E&O and other insurances as an additional insured

14. Sequels, Remakes and Spin-offs

Right of first negotiation to direct sequels remakes and spin offs.

SDGI Director Contracts Minimum Terms Differences – Television

Payment to be in addition to the remuneration in 3 below.

1. Development

Period of engagement/ schedule of prep, photography and post to be stated, number of weeks specified for each with specific start date.
Five or six day week.

2. Engagement

Weekly rate payable weekly in arrears on a specific day or by instalments if applicable – same as theatrical
Residual payments or payments based on receipts for additional uses.
Net profits must be net profits not producer’s profits and must not have any deductions made. Calculation, definition and payment must be favoured nations with all other participants in profits, including financiers, actors and the producer/production company. If the calculation is made on producer’s profits the percentage must be at least 200% perhaps 300% of the percentage which it would be of net profits and must be the revenues paid to the producer and have no deductions made by the producer.

3. Renumeration

Director to have the right to view rushes.
Director to have the right to prepare the directors cut/assembly.

These draft Minimum Terms are prepared by the Screen Director’s Guild of Ireland Limited as suggested minimum terms to form the basis of negotiations on behalf of members, with production companies. Members are encouraged to obtain the best terms they can in all cases and should not be restricted in their negotiations to the minimum terms proposed by Screen Director’s Guild of Ireland Limited as the minimum terms. Neither are the proposed minimum terms, even when agreed with producers, intended to be anything more than minimums and are not a substitute for obtaining independent legal advice in all cases and it is strongly recommended that legal advice be sought in entering into contracts.