How to Handle Guild Residual Payments For Your Film Production - with Free Agreement Downloads

Hosted by David Zannoni

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David Zannoni

Webinar hosted by: David Zannoni

International Film Business Specialist at Fintage House

David Zannoni is an international business specialist for Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management specifically in the US, Latin America and $ope. As an international film business specialist David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America.  Full Bio »

Webinar Summary

If a film production is going to use talent that belongs to a guild, you will need to adhere to labor related matters when it comes to residuals. Residuals are how you pay your guild talent and a key component of any production. These payments have a strict way in which they need to be handled in order to make sure that your talent is being compensated properly - whether it's payment upfront or payment on the backend. Conversely, if you are in a guild you need to ensure that your contract lays out the correct components with residuals to make sure that you are paid properly. 

Whether you are the person paying or the person receiving, we're talking about money here and you don't want to get it wrong. Understanding residual payments in some of the world's key film markets (US, UK and Canada) is vital to your production. As you are putting together your budget and ensuring that your production comes in at or under your budget you have to know how residuals work. Working with guilds can be tricky, but as long as you are clear upfront on how to pay their members and how that flows into your budget you can ensure success. And, if you're talent that belongs to a guild you want to ensure that you are getting every payment that is owed to you for your service on a project. 

David Zannoni is an international business specialist for Fintage House in the US, Europe, Canada and Latin America territories. Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management globally on hundreds of productions. David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America.

David will teach you what exactly residuals are and go over a comparison of them in the USA, Canada and the United Kingdom. He will go into a deep dive example on a US example where he will discuss options for payments of residuals and how the calculation works. You will understand how the payment for residuals is secured in security interest, the collection account or the payroll house. He will even go over the agreements you should know that are related to residual payments. He will even dive into residual and media allocation and the recoupment schedule.

You will leave with a clear understanding of how residuals work and how to best protect yourself on both sides when dealing with them.

With this webinar you will receive free template downloads:

  • DGA Basic Agreement
  • SAG AFTRA Security Agreement
  • SAG AFTRA Standard Agreement
  • SAG AFTRA Television Distributors Assumption Agreement
  • SAG AFTRA Television Buyers Assumption Agreement
  • WGA Theatrical and Television Basic Agreement
  • Standard CAM Agreement
  • International Multi-picture Rights Distribution License Agreement Sample
  • Webinar Resource Sheet

 

Praise for David's Previous Stage 32 Webinars

 

"David is incredible and lovely and clearly knows his stuff."

- Cynthia P.

 

"Eye-opening information. A no-brainer approach that wouldn't be so obvious to the uninitiated."

- Gary O.

 

"By far, the best class I've seen on the subject."

Kirk K.

 

"David is a fantastic teacher. And what a voice! I could listen to him all day. More importantly, I learned so very much!"

- Isabella T.

What You'll Learn

  • What are Residuals?
    • What do residual payments include?
    • To which guild members do residuals apply?
    • Residual obligations for producers
  • Comparison of Residual Payouts Between Popular Territories
    • The USA
    • Canada
    • The United Kingdom
  • Deep Dive Example: Focus on Residuals in US Productions
    • Directors Guild of America
    • Writers Guild of America
    • Screen Actors Guild - American Federation of Television and Radio
    • Options for payment of residuals
    • Payment of residuals from revenues
    • How calculation of residuals works
  • Understanding How the Payment of Residuals to Guild Members Are Secured
    • Security Interest
    • The Collection Account
    • The Payroll House
  • Understanding the Relationship between Guilds, Collection Account Manager and Payroll House
  • Agreements You Should Know that are Related to Residual Payments
    • Basic Agreements
    • Security Agreements
    • Distribution Agreements
    • CAM Agreement
    • Payroll House Agreement
    • Assumption Agreements
  • Residual and Media Allocation
  • The Recoupment Schedule and the Residual-Set-Aside
  • Q&A with David

With this webinar you will receive free template downloads:

  • DGA Basic Agreement
  • SAG AFTRA Security Agreement
  • SAG AFTRA Standard Agreement
  • SAG AFTRA Television Distributors Assumption Agreement
  • SAG AFTRA Television Buyers Assumption Agreement
  • WGA Theatrical and Television Basic Agreement
  • Standard CAM Agreement
  • International Multi-picture Rights Distribution License Agreement Sample
  • Webinar Resource Sheet

 

About Your Instructor

David Zannoni is an international business specialist for Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management specifically in the US, Latin America and $ope. As an international film business specialist David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America. 

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Other education that may be of interest to you:

How to Navigate Business and Legal Affairs For Your Independent Project to Ensure It's Protected

It can be more exciting to focus on the creative side of developing and producing your film or TV project, but if you’re a producer, you know this is not the only aspect you need to cover. Navigating business and legal aspects can truly make or break your project. Handling IP, chain of title, contracts and legal documents, setting up production entities, domestic and international negotiations with producers, financiers, talent agents and law firms—the list goes on, and not one element can be overlooked or handled haphazardly. No matter the size of your project, understanding the business and legal affairs that come with it is of the utmost importance and can be the difference between your film making it to the screen and falling apart in the process.   Business and legal affairs are a different story for larger independent production companies and studios. They will have in-house staff and lawyers to handle these matters or can hire outside production council. This is likely not be possible for your smaller independent project. As a result, business and legal affairs are often overlooked in smaller productions—to the production’s own detriment. Yet it doesn’t need to be this way. You don’t need to hire a team of attorneys in order to ensure your indie project is covered and protected. Instead, you need to understand which aspects of business and legal affairs are important, what support there is available for independent producers, and how to best navigate the process to ensure every other aspect off your production stays on track.   David Zannoni is an international business specialist for Fintage House in the US, Europe, Canada and Latin America territories. Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management globally on hundreds of productions. David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America.   David will discuss both business and legal affairs that will be involved with your independent production. He’ll dive into how to deal with multiple players in the industry while putting together your project, how to negotiate and make deals, and the other business knowledge and expertise that is important for you to know when putting your film or series together. On the legal side, David will explain the different types of agreements you’ll need to have and the process of navigating many agreements at once. He’ll also go into the trickier aspects of legal affairs including domestic vs. international jurisdiction, distribution rights and licensing, recoupment schedules, and even arbitration and legal proceedings. Through David’s advanced and wide-stretching presentation, he will share with you countless tools that you can take to ensure that your own project is protected and can ultimately come together.

The Importance of Recoupment Schedules for Your Film or TV Project and How to Put One Together

Producers and filmmakers of independent films and TV series deal with a multitude of parties regarding the production, financing and distribution of their films and projects. Many of these parties have a financial interest in the project and are entitled to a share of the revenues generated by domestic and international distribution of the film or series. In order to make the allocation and distribution of revenues manageable, it is important to design a recoupment schedule for your project. The recoupment schedule, also called “the waterfall”, combines all the single deal terms negotiated between the production and investors, financiers, talent, sales agents, co-producers, and service producers. Each project is unique, with its very own financing structure for example, and therefore there is no universal format for a recoupment schedule. However, there are certain guidelines to consider when putting together a recoupment schedule for your project. Understanding these guidelines will not only assure that there is no financial shadiness going on behind the scenes and no surprise lawsuits hanging out in the horizon. It also means that everyone who needs to get paid does get paid...and on time. And that can only raise your stature as someone who can deliver the goods and as a person people want to work with again and again. David Zannoni is consultant for Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies, and is the company's representative for the Americas. David negotiates agreements for films and television series, and he is involved in business development and relationship management specifically in the US, Latin America and Spain. David also runs a consultancy business through Xaman Ha Consulting and Zannoni Media Advisors, and has been focusing particularly on international service providers in the film and TV industries, and film and TV productions in Latin America, amongst others. As a film business specialist David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Spain, and all over Latin America. David will explain in easy to understand detail the world of recoupment schedules and why they are so important to your film or project. In an in depth, interactive presentation, David will discuss sources and allocation of film and TV revenues, the purpose of a recoupment schedule, the entitlements and obligations that are payable out of revenues, and the order and priority of payment for film and TV entitlements. He will discuss various territories around the world including distribution rights and assignments. He will show you which kind of projects use a recoupment schedule and the importance of a recoupment schedule as it relates to securing financing and attaching production partners.  David will take away all the guess work that goes into the world of waterfalls/recoupment schedules and simplify the entire process to assure everyone on your team is taken care of and given the sense of security they (and you) deserve!   Praise for David "I went into this one expecting it to be dry as a bone in the sun. I was so wrong. David is incredible and lovely and clearly knows his stuff." - Cynthia P.   "Eye-opening information. A no-brainer approach that wouldn't be so obvious to the uninitiated." - Gary O.   "By far, the best class I've seen on the subject." Kirk K.   "David is a fantastic teacher. And what a voice! I could listen to him all day. More importantly, I learned so very much!" - Isabella T.  

Think Like an Entrepreneur - How to Be Profitable on a Sub-$1 Million Film in the Latin American Market - With a Film Case Study

As an independent filmmaker or producer, you likely start working on a new endeavor for creative reasons—the chance to tell an amazing story, build worlds, create something of cultural value. Yet this is, of course, not the only element of filmmaking. Like it or not, your independent film is not just a creative endeavor; it’s also a business. You’re sourcing financing and bringing in investors, building a team, and creating a property that will (hopefully) ultimately make money not only in the present, but for years to come. In short, you’re not just a making a piece of art; you’re also running a business. To operate successfully in the world of independent film and continue to make films that you’re proud of, you need to be able to think like an entrepreneur and understand the dynamics and the relation between financing, distribution and recoupment of film investments. 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I could listen to him all day. More importantly, I learned so very much!" - Isabella T.

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If you’re an independent filmmaker or producer working to put together a film or TV project, you are likely going to have multiple producers, investors, financiers, sales agents, and talent that are will be looking to recoup profits on the completed project. This can get tricky. Not only do you have to keep your numbers and figures straight to properly reallocate your revenues, you also likely have to handle guild residuals, navigate liability issues and ensure every party is happy and trusting in the process. This can ultimately be a very messy process, and one that you should not handle on your own as the film’s producer. Instead, it’s probably time you have a collection account. A collection account is an account in the name of a neutral third party who receives revenues generated by an independent film or TV project on behalf of the multiple beneficiaries from local distributors. This process is called collection account management and is an effective tool to guarantee that the beneficiaries receive their share of the revenues. Collection account management is a massive time saver and a way to lower the chances of errors or improper payments. But it’s also the industry standard and something most parties and investors are going to expect you to have if they are considering moving forward. So how exactly does collection account management work and how can you best use this process to your advantage as an independent filmmaker? David Zannoni is an international business specialist for Fintage House in the US, Europe, Canada and Latin America territories. Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management globally on hundreds of productions. David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America. David will teach you how to navigate collection account management. He’ll begin by going into what exactly collection account management is and the different elements that go into it. He will also explain when to know if your production will need collection account management and delve into how this process affects your job as a producer, including liabilities, your relationship with your sales agent, and the rights and obligations with financiers, guilds, and talent. Next, David will demonstrate how collection account management works from a legal framework and the paperwork and contracts that go along with it, including the CAM Agreement. Finally, David will outline the benefits you will see as a producer when working with a collection account. He’ll even give specific tips for producers related to the CAM agreements, financiers, residuals, sales agents, and more. Collection account management can be a tricky process, but it’s also one that’s crucial to get right. David will show you how.     Praise for David's Previous Stage 32 Webinars   "David is incredible and lovely and clearly knows his stuff." - Cynthia P.   "Eye-opening information. A no-brainer approach that wouldn't be so obvious to the uninitiated." - Gary O.   "By far, the best class I've seen on the subject." Kirk K.   "David is a fantastic teacher. And what a voice! I could listen to him all day. More importantly, I learned so very much!" - Isabella T.

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If you're an independent filmmaker, it's likely you don’t have all of the funds you need to begin or complete your production. In this scenario, you need a film financier to step in and invest equity. While the financier is often hands-off with the actual production, they do have a prominent position in the process. Their assets are your assets, and they need to be protected. Borrowing money is only one step in the process. Assuring your financier that their assets will be protected during the filmmaking and production process is another. If you’re ready to take your film to the next level but aren’t clear on what financiers expect as far as protection when you borrow, you may be at a disadvantage. Protecting money given to you by someone with a vested interest in your film is extremely important. It’s also good business practice. And going into a conversation knowing what they expect before they hand over any equity - can only work in your favor. Your future lender has expectations. Let's delve into how you can always meet those expectations. David Zannoni is an international business specialist for Fintage House in the US, Europe, Canada and Latin America territories. Fintage House, the world's most respected company for revenue and rights protection for industry professionals and companies. David negotiates agreements for films and television series and is involved in business development and relationship management globally on hundreds of productions. David is continuously present to make deals and speak at international film markets, festivals and conferences, including: the Cannes Film Festival, the European Film Market (EFM) in Berlin, the American Film Market (AFM), Ventana Sur, the Bogota Audiovisual Market (BAM), and the Toronto International Film Festival (TIFF), and travels regularly to the United States, the Netherlands, Europe, and all over Latin America. David will teach you how you can keep your financiers protected and explain the 6 different options you should take into consideration when you sit down with a financier for your own project. After explaining what the role of a financier on an independent film usually looks like, he will discuss security interests, completion bonds, escrow accounts, collection accounts, legal representation, and compliance, what each of these look like, and how you can use these to best protect your financier. There are variables for every filmmaking scenario, but David will leave you with a much clearer understanding the role of the financier and how you can keep them happy and safe so that they’ll want to work with you time and time again.     Praise for David's Previous Stage 32 Webinars   "David is incredible and lovely and clearly knows his stuff." - Cynthia P.   "Eye-opening information. A no-brainer approach that wouldn't be so obvious to the uninitiated." - Gary O.   "By far, the best class I've seen on the subject." Kirk K.   "David is a fantastic teacher. And what a voice! I could listen to him all day. More importantly, I learned so very much!" - Isabella T.

How To Recoup Your Film's Profits Through Collection Account Management

Nowadays many independent film and TV productions that have multiple parties involved are looking for the best way to recoup profits on a completed project. One of the best ways to assure the parties involved with your film (producers, investors, financiers, sales agents and talent) see their returns is to have a collection account in place.  A collection account is an account in the name of a neutral third party who receives revenues generated by an independent film or TV project on behalf of the multiple beneficiaries from local distributors. This process is called collection account management and is an effective tool to guarantee that the beneficiaries receive their share of the revenues. The beneficiaries include producers, investors, financiers, sales agents and talent. Often times financiers, production partners and international sales agents put a collection account up as a requirement before even boarding project. During this webinar we will explain the functions and benefits of having a collection account in place for an independent film or TV project, how collection account management is set up and which parties should be involved in the entire process. We will further discuss the allocation and distribution of revenues, how to put together the Recoupment Schedule, and the importance of signing, or being a beneficiary to, the Collection Account Management Agreement.

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