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10 November 2006 @ 01:32 pm
Selling Footage  
Got a question. A filmmaker is looking to buy two different clips from me. One is a 30 second clip, the other is a 60 second clip. It's for a documentary and he's got a lot of corporate backing. He wants to use these clips both in the trailer and in the actual production.

My problem is I don't know how much to charge him for the clips. I want to charge a price that's fair, but also enough that I'm not taken to the cleaners or kicking myself later. Any thoughts?
 
 
 
[Liz] doesn't need you anymore.xprivate_eyex on November 10th, 2006 06:34 pm (UTC)
hm, how wide of a release is his documentary going to have? Is it going to do any kind of tour? Is it going to be on DVD?
Dave Simpson1knighthawk on November 10th, 2006 06:47 pm (UTC)
broadcast and DVD
ex_filmmaker362 on November 10th, 2006 06:38 pm (UTC)
You could settle on a small price now (the original sale) and negotiate "fair market value" when and if the film is actually made and destributed.
Dave Simpson1knighthawk on November 10th, 2006 06:48 pm (UTC)
fair market value? (I'm a business ditz, so please explain)
ex_filmmaker362 on November 10th, 2006 07:12 pm (UTC)
Fair market value is just that, what's the going rate for film footage belonging to someone else once it's used in another film (there are places to find this out)...

Also, I'm curious, what did the guy who wants to use your footage want to pay you for it? Usually, since they want it, they make an offer.

Your contract should say (go to the library/book store to check out books dealing with film contracts) something like "the principles agree on X for initial use of said footage and should the film be made and distributed fair market value for that should be paid at that time." Blah, blah, blah.

I don't with the contract stuff, that's why I have an agent.
Dave Simpson1knighthawk on November 10th, 2006 08:15 pm (UTC)
my boss is a lawyer...or was one..or training..I dunno, something. I'll see what he can do to help.

But I'll definitely suggest that. Unfortunately, I can't seem to find what the current market value, or what I should initially charge, and that's where I'm hung up. Initially I was thinking a few thousand considering he's got the budget, but I dunno.
ex_filmmaker362 on November 10th, 2006 08:24 pm (UTC)
Again, what's his offer? Make the buyer state a price he's willing to pay, negotiate from there (if may even be nothing, just a contract agreement to pay after the film actually gets made--this is where "fair market value" comes in. But, since the film isn't garunteed to be made (even if he has backers) be aware that the initial buying of "rights" to use your footage will be minimal. The "fair market value" figures will be negotiated based on the film being made and marketed. FMV is in addition to initial price for using your footage, if any (it's not always bought), sometimes you get paid only if or when a film gets made.
santosqisev: pic#113411419santosqisev on July 22nd, 2012 03:27 am (UTC)