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What Do You Do When You Get Screwed By A Producer?
By Frey | June 5, 2007
Let’s say you were the Director Of Photography on a big project, and you were promised $500 a day. After the shoot wrapped, you gave the producer all the footage you’d shot and went home. You expected to be paid in full, since, after all, you worked for two weeks without a day off, and some days you worked over 16 hours.
But, you didn’t get that check in the mail the following week as you were told.
You called the producer and left plenty of messages, but he never returned your calls. You talked to other people involved with the shoot, and started finding out the producer wasn’t paying them either. You got worried and drove over to check him out, only to find he was out of town on business - every time you visited.
What can you do?
Sorry folks, I hate to be the bearer of bad news, but there’s not much you can do. It sucks, and we’ve all been in the same boat, so at least you have some company.
The few options you do have cost money - and it ain’t cheap or even guaranteed.
One option is to get a collection agency on them. Of course, if they owe you $5000, the collection agency will take a major chunk of that (we’re talking anywhere from 25% to 50% OR MORE!). Even worse, the collection agency doesn’t care about you, or your dilemma, they care about one thing: MONEY. They may just as easily turn on you, if things go south for them, so be careful and get everything in writing.
You can file a mechanics lien in most states, but you’ll probably have to get a lawyer to do it. Getting a lawyer involved will often cost way more than it’s worth. I haven’t met a lawyer yet that does things “quickly” when getting paid by the hour (at $150 to $300 an hour, who’s gonna hurry?). The only person that I’m positive has made money every time I’ve gone to a lawyer, was the lawyer!
I’ve had people lie to my face about what and when they were paying, plain out just not pay anything at all, and have even had them file bankruptcy when the bill was really big (of course, they owed many more people than just me).
Hopefully you’ll get something out of him someday, but I wouldn’t hold my breath. At least ask the editor, if you know him/her, for a decent digital copy of the film for your resume. Other than that, there’s not a lot you can do.
BUT, there is a silver lining - you can use the experience to ensure that it doesn’t happen again. Next time you get a contract, do your homework. Here’s a few things to do before working with a new producer:
1st, make sure the company is legitimate. Check them out with your local business administration. And don’t be afraid to ask them for a few references (and make sure you check up on those references).
2nd, Get EVERYTHING in writing. Paper trails are golden.
3rd, Don’t sign anything unless you read it carefully (I’ve had people actually try to sneak 2-year non-compete agreements into their release forms!). Have a question? Ask your lawyer to look it over.
4th, along the same lines as above, NEVER sign a non-compete agreement unless you are comfortable with it.
5th, You can always try to work out getting paid through an escrow account. Escrow is basically a guarantee that you’ll get paid, but many producers don’t like working with escrows, since the shoot could get canceled after the first day for no reason, or the director doesn’t like the kind of work you are doing, etc. Then the money will be tied up in escrow until everything is resolved, which could take a lot of time, work, and lawyer fees.
6th, If you’re in a position where you can hold the footage until you get paid, DO IT. Don’t let that footage go no matter how hard they threaten you, since you don’t work for free (of course, if the judge says to hand it over without pay, you have to listen to the judge).
Finally, follow your gut instinct. Only work with people you trust. If your gut tells you stay away, then stay away. It’s that simple.
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