Thanks for the response. I do feel penalized — but I appreciate your empathy. My first film out of college… I’m just glad I got it made. Hopefully, my next film will have enough money to have an adequate complement of SAG actors.

If not, I’ll probably end up cutting union actors before I cut pages of script. I think most writers and producers would feel the same.

Which sucks (very hard, I might add) on both ends. As a producer, I don’t want to make that choice. And, as an actor, I hope upcoming filmmakers aren’t making that choice against me and my Union.

As long as you also realize how much the situation sucks, then you are clearly no Dubya. I understand your point regarding the elimination of the contract, though I’m still disappointed.

In any case, we can both safely remain off the “idiot” list.

First, let me clarify the “idiot” comment; I was really using that word to take a cheap shot at Bush… I don’t really think anyone who disagrees with me is an idiot. Unless they are a Republican.

Let me give you some additional history about the Experimental Agreement. It may, or may not, change your mind that eliminating the contract was a good idea, but the fact is, the Experimental Agreement had become something that was never intended.

The Experimental Agreement was originally designed for just that; experimental films that were being made to give filmmakers and actors experience. They were not designed for the films to be distributed. In fact, the Agreement, specifically prohibits using it if the filmmaker’s intention is to distribute the film. And that’s also why the provisions for Experimental Films that get distribution are so onerous (to filmmakers), that is, the exhorbitant upgrade fees and the consent requirement.

However, over the years, filmmakers stopped using the Experimental Agreement for its original purpose and started using it to make “commercial” feature films… with every intention of seeking distribution. They just learned to lie. “No, I have no intention of distributing this film.” And frankly, SAG was complicit in the lie. The union knew the filmmakers were lying; “Hmmm… this is an experimental, art film about zombies attacking a strip club,” but still let them sign the agreement.

That’s when the problems started.

First, the sad fact is, that feature films made for less than $75,000 rarely make enough money to pay back the production costs, let alone the actor step up fees. So what was happening is a glut of Experimental Films were getting bare-minimum offers and one of two things was happening:

1. The honest filmmakers were turning down the offers, leaving their films to collect dust.

2. The dishonest filmmakers just took the tiny money and ran.

SAG would file claims against these dishonest filmmakers… but the damage was done. Films that the actors thought would never see the light of day were out in the market. And because the deals were so small there was no money to collect even if SAG ultimately won a judgment against the producer.

So, a couple of years ago, SAG tried to mitigate these concerns by allowing “less-than-full-pay” agreements, whereby, filmmakers who were offered deals that wouldn’t pay the upgrades were allowed to take them IF all of the actors in the film consented to the deal.

This was a band-aid at best. And it, along with huge numbers of these films that were being signed (more than 75% of them short film, by they way), was creating huge work load problems for SAG staff. Producers and actors have complained that it takes days or weeks for them to get phone calls returned… and that’s been because the Representatives have been too busy dealing with Experimental Films that couldn’t pay.

So the idea behind the Ultra-Low Budget Agreement is that if the filmmaking community wants to make marketable films, then they have to play in the market. And that means paying the actors something up front.

I still think the ULB deal is workable for almost any filmmaker who would otherwise have used the Experimental Agreement… it just means tougher choices.

Oh, and for any actors who might be upset about the elimination of the step-up fees: As outlined above, you were never getting them anyway.

And if you are a filmmaker who truly just wants to make experimental art films with no intention of distribution, I hate to say it, but to a certain extent, you are being penalized by the bad behavior of others.

I’m sorry you feel betrayed… but I maintain my opinion that this change is going to benefit you as both an indie producer and a member of SAG.

Paul

If any idiot can see that the ULB is such a better deal, why not still offer the Experimental contract? Give us that choice.

The fact of the matter is that some of us are not interested in making film festival calling cards. Some of us want to tell stories — and don’t want to be limited by having to make the choice between length or good acting.

I know you’re a delicate flower and I’m not trying to be mean. I just feel betrayed as both an indie producer and as a member of SAG.

Keep up the great work. See ya Thursday.