#38: What should my reality show creator agreement include?
January 26th, 2009What should my reality show creator agreement include?
January 26th, 20091) Legal representation. You absolutely must hire an attorney who has done many reality production deals to go over any contract that anyone presents you. No one else (as in, not a divorce attorney, a film attorney, etc.). It is too easy to be cut out of a show (or locked into one), depending on what you are or are not bringing to the table at this early stage. Things to consider include what your role will be if the show is picked up by a network, what your role will be if the show survives past one episode or a full season, and, surprisingly, what options you will have to get away from the show even if it is picked up and produced. Our business model is unlike any other in the entertainment industry – trust me, you want someone who has seen and circumvented all manners of horror and hilarity representing you in any negotiations with anybody.
2) Payment possibilities. In non-fiction TV, there are typically no creator fees or credits. Instead, there are production fees, which usually represent a percentage of the overall budget once a series order is negotiated. And those fees go directly to the production company that the network hires to produce the show, not to creators. A successful pitch might first get a development contract, which typically means about $5-15k that goes to a production company or show runner who will work with the network to create an executable treatment, budget, schedule, etc. That is to cover company overhead for usually up to 6 months, so it does not go very far at all! If you have a deal with that production company, though, you can negotiate for a small piece of the development money, and they may actually give it to you. They probably will not because they will be doing all of the work to get the series order, but they might do so to remove you from the project. So here, you may be able to get a couple thousand dollars.
3) Pitch partners. Not all prod cos are created equal! So before you agree to partner with a prod co before the show is picked up, be sure they have a solid track record of producing reality shows for the networks you plan on trying to sell the show to. Because even established prod cos can have a tough time cracking new networks they have not yet produced programming for. Check IMDb.com for shows that are similar to yours or networks that are right for your project to cull a list of companies you should be talking to.
All of the money that exchanges hands in non-fiction generally is for production work, whether it is development or actual production. If you have reality production experience, that is a strong card to play to stay attached to the show and earn a weekly salary if the series is picked up. If you are the central talent, or have a contract on the central talent, that is another way to stay attached – and requires a heavy attorney presence to protect you for other gigs and revenue streams that the distributor will want to control. But in our business model, you are rarely paid to walk away. You are just cut out of the deal.
As always, I recommend that you read through the dozens of posts in this blog to learn more about our business, and be sure to check out my book, The Show Starter Reality TV Made Simple System, if you are serious about selling a show and staying attached.
#37: How and why should I keep my browser current?
January 8th, 2009#36: How do I get a job in reality TV?
January 6th, 2009#35: Can I “cash out” in reality if I pre-attach sponsors to my pitch?
January 6th, 2009How much ownership can I offer talent or a partner on my reality show pitch?
November 26th, 2008The promise underneath ownership is being paid when a property makes money. There are two types of payments, neither of which show creators usually receive.
“Front-End” Fees
Very quickly, a lot of people confuse “ownership” in a non-fiction TV project with front end payments. Wrong! Front end payments are just that, fees for service. And typically, the front end money from a network goes to whatever physical production company is going to make the show, which is usually one the network has worked with before. In reality TV, even as the creator of a show, you personally would be lucky to see any of that. That money’s for production, and if anything is left over, the production company may get to keep that. That’s why you have to produce a lot of shows to make any money on our side of town. And that’s why production companies are reluctant to share any front end payments with people who aren’t doing any of the production work or taking any of the production risk.
If you already work in reality TV, know this – the production companies you’ve worked for over the past few years? No way they own any of the shows they’ve made (okay, unless it’s Burnett or Bankable!). The network owns everything. They have all rights, worldwide, universally and in perpetuity to distribute the completed show and retain all the money from that because, well, they paid for it and, well, you signed a contract agreeing to just that.
“Back-End” Payments
What many people call ownership in TV is more aptly called “participation” in “back end” payments. Again, you don’t usually OWN anything, but you get to “participate” in sharing any profits from the show. That comes from things like overseas sales, format spin-offs, ad income against re-runs, etc. (all of which are becoming less rare in reality TV – but still not the norm). Back end is a frequent joke in Hollywood because no one usually sees any of that. Movies that break records with $200 million takes…often break hearts at the studio when marketing and production costs still leave them in the red! Since networks and studios usually recoup their money in the back end, they are less than inclined to share that action with you.
Sadly, the complicated formula for back end leaves the network infinitely free to charge expenses against any income your show ever makes then give you .01% of the balance (or whatever number you negotiate), which will pretty much always be negative. In reality TV, sometimes nets don’t fight about giving you back end. That’s because they know they never will show a profit that warrants paying it.
Keep in mind that in non-fiction, back-end is traditionally a production company perk, not a show creator perk. That’s something the production company can choose to share with you. Not unheard of…because everyone knows it’s often a meaningless number.
SHARING THE MONEY
Talent Participation
If you want to offer talent 10% of your back end, should you actually get any of it, that’s generous relationship-wise but, as you now see, it is fairly meaningless financially.
The big question for your talent really is: what does s/he want to get out of this show if it sells? Is it fame and exposure? That comes from working with the network to be available for publicity 24/7. Is it revenue stream? If that’s the case, tell your talent to start creating his/her own branded back-end that s/he CONTROLS THE RIGHTS TO. That means books, speaking presentations, product lines, whatever the talent’s specialty warrants. Tell them to bring as much into the game as possible and have an instant way to distribute it if the show becomes a hit. Trust that Cesar Milan is not making most of his dough because he has a piece of the back-end of a half-hour show on “National Geographic.” He is leveraging that show into a 24-hour infomercial for his books, ranch, CDs, personal speaking engagements, etc. He’s getting a weekly salary to promote his empire!
Creative Partner Participation
For a partner, the same “big picture” applies. The money to be made on a first show is in working on that show. So if they have production credits, what they want to fight for is a staff to management position that gets them a weekly salary. If they have no credits, this is a good chance to get one – in a position that they are qualified to hold. While you and your partner are building your show-selling foundation, these gigs will pay you well until you are in a position to finally be the company producing the show – and earning that production fee. But know this, too, those first few shows your company produces…you will earn less than you were making before as a management-level staffer!
Your Big Picture
As for you, as the show creator, I recommend against getting too invested in back-end yourself. Until it’s your production company, the amount will be fairly meaningless even on a hit. Go ahead and ask for it, but your efforts right now will best be served in getting the highest title on the show you can get so you can move closer to being a show runner on the NEXT show you sell. That’s when you negotiate for your own production company either to do the show or to PARTNER with the company the network approves. Because that’s how you’ll start getting a piece of the front end, which is the only guaranteed money in reality TV.
#34: How do I pitch my own reality show?
November 16th, 2008Donna Michelle Anderson
DMA is a former story analyst and a writer, producer and show runner of non-fiction TV for networks from Bravo to CBS to TLC. She is the author of books on screenwriting story structure and selling reality shows, the creator of new production software and a rabid new media convert. Pages
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