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residuals for editors?

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yoni goldstein
residuals for editors?
on May 16, 2008 at 3:26:02 pm

hello,

I am a new editor and I'm about to begin a documentary project that has strong potential to be marketed and distributed (possibly to HBO). I have worked only on nonprofit projects up until now.

The director and I are about to draft a contract. We have already agreed upon a rate that I am happy with, but he also wants to know what I want in terms of residuals.

What is a standard/reasonable rate for residuals for editors? I will have a co-editor working with me as well.

Thank you


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Bruce Bennett
Re: residuals for editors?
on May 16, 2008 at 5:31:15 pm

Hi Yoni,

My opinions…

I’m not aware of any fully paid editors receiving residuals for projects. My experience is that they are vastly “work for hire” team members. I wonder why he is. This would be a “work for hire” and you would not have any copyright ownership. (This is a big discussion topic on this board. I believe that “the act” of being hired constitutes a “work for hire agreement” even without a signed document. See http://www.copyright.gov).

I would suggest splitting up the residuals almost evenly to all major production team members (i.e., Executive Producer, Producer, Writer, Director, Cinematographer/Videographer, Editor). (If your Co-Editor wants some, then I think that should come out of your piece of the cake). I say “almost evenly” because the Executive Producer is the one who will probably take on the most risk and will also be the one who takes on the “final responsibility” of the project.

Also remember, if you become a partner on the project (versus being a hire) you and your Co-Editor become project owners and thus become a targets for any legal issues (and can be sued along with the rest of them if things aren’t done correctly).

Good luck,
Bruce

Bruce Bennett
Bennett Marketing & Media Production, LLC


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Todd Terry
Re: residuals for editors?
on May 16, 2008 at 6:50:09 pm

I completely agree... I've never ever heard of an editor in a paid position getting residuals.

Now, if you are doing the work for free (or at a reduced rate) in exchange for promises of a piece of the pie and money on the backend... then you are not just an editor. Then you are a producer who also happens to be serving as the editor.

But again, if you are being fully paid at your usual rate for cutting the project then residuals really would never be expected. Maybe the producer is unusually generous, or simply doesn't know how the money usually works.


T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com






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grinner hester
Re: residuals for editors?
on May 17, 2008 at 3:14:44 pm

man, I have never heard of an editor working for royalty fees.
Go for 10 percent, man!
but remember 10 percent of nuthin is nuthin.
prolly why we dont work for residuals much.
See if ya can't work out a retainer up front plus that residual percentage. Could be the gift that keeps on giving but this will make it worth your time if that doesnt come to pass.



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walter biscardi
Re: residuals for editors?
on May 17, 2008 at 3:34:45 pm

[yoni goldstein] "
The director and I are about to draft a contract. We have already agreed upon a rate that I am happy with, but he also wants to know what I want in terms of residuals.

What is a standard/reasonable rate for residuals for editors? I will have a co-editor working with me as well."


Honestly have never heard of residuals for editors. That's a nice thing for him/her to offer. I would think 4% of whatever you would normally get paid for the job would be fair.

Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.

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Rick Dolishny
Re: residuals for editors?
on May 18, 2008 at 12:41:32 am

Never heard of residual payment for editors.

I have heard of 'deferred in whole or part'. Maybe he knows you should be paid $50/h but you're getting $25/h and he's feeling guilty.

You won't see a dime either way, so go with an hourly you can live with and politely 'defer' the 'deferral'.

---
Rick Dolishny
Discrete Editors COW Leader
http://www.thecreativeprocess.ca


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Terence Curren
Re: residuals for editors?
on May 18, 2008 at 3:14:56 am

[Rick Dolishny] "You won't see a dime either way, so go with an hourly you can live with and politely 'defer' the 'deferral'. "

Smartest advice yet. Unless you need the practice at your craft.


Terence Curren
http://www.alphadogs.tv
http://www.digitalservicestation.com
Burbank,Ca


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