Paleoartists: Working in Film and Television

Copyrights, Contracts, & Guidelines for Dinosaur Artists & Paleontologists

Part 2 Contracts

Paleoartists:
Working in Film
and Television PALEOARTISTS: WORKING IN FILM AND TELEVISION
© 1996 William Stout

The following knowledge has been gleaned from my work on 27 feature films and numerous television programs. I hope it spares you much of the pain that I went through to acquire it.

-William Stout

Working in film and television can be a lucrative although highly unsteady and unpredictable market for the paleoartist. Many business rules apply here that are much different from the established rules of print publication.

TYPES OF WORK FOR PALEOARTISTS IN FILM

Storyboards
Storyboards are a series of drawings that tell the story of the screenplay in easy-to-follow pictures. Each picture is in proportion to the screen ratio in which the film is going to be shot (i.e., Panavision, Cinemascope, etc.).

Presentation art
Presentation art usually consists of a series of generally (but not necessarily) large paintings illustrating the film’s key scenes that are either used to

a) excite people (usually investors or potential crew) about the project,

b) establish a visual style or direction for the project,

c) convey in a visual sense the high points of the film or what the project is like, or

d) get financing for a project (This is the most common use;
pictures are used because no one in Hollywood likes to read)

Character design
Character design is the process of discovering an agreed-upon look for characters in a film. Although this is usually in reference to an animated feature, this can also be the designs for creatures or special effects characters in a live action film.

BASICS

Always retain possession and ownership of your original art. When you can, provide your client with high quality transparencies (make them pay for them) or laser color copies instead of your originals. They’ll work for them just as well as original art does.

Always retain the right to use your art in retrospectives of your work-and use those words (do not limit yourself to book retrospectives).

Never pay for your own travel. If you can, always have them fly you first class.

You should try to get a single card credit for your work. That is, when your credit is on the screen, there is a moment when that is the sole credit being shown. The most important credits are front end credits. The rest are shown at the end (“back end”) of the film. Screen credit is considered real currency in Hollywood and should not be taken lightly-it could effect how much you are paid on your next job.

Have the producers furnish you with a free professional video tape copy of the movie upon completion of the film.

IF YOU MUST TRAVEL AWAY FROM HOME FOR THE FILM:

You should receive a per diem. This is typically $150 to 250 per day, and covers your meals, phone calls, laundry, etc. The film company should put you up in a nice hotel and pick up that tab as well.

PAY SCALE

The Five Hundred Dollar Rule
In film (and in television, and in almost anything that involves your special skills and knowledge), no matter how little you do, no matter how little is licensed, never charge less than five hundred dollars for anything.

Typical Weekly Rate Categories
Get paid by the week-not upon completion of your contract. Pro-rate the partial weeks you work by dividing your weekly rate by five; this will give you your daily rate.

$2000 per 5 day week
Utter novice; no previous film experience; limited exposure in the print media as a paleoartist; limited reputation within the field of paleontology.

If you charge less than this you not only cheat yourself, but you cheat all of your fellow paleoartists, and you look like a fool to the producers as well. You look so much like a fool that unless the producers are very perceptive when it comes to quality (and few are), they will very quickly doubt the quality and validity of your work and ideas.

$3000 per week
Fair reputation in the field of paleoart; at least one previous film credit; average speed as an artist.

$4000 per week
Good reputation in the field of paleoart; some prominent published works; a few previous film credits; fairly fast.

$5000 per week
Fine reputation in the field of paleoart; well-published; several previous film credits; fast.

$6000 per week
“Star” reputation in the field of paleoart (i.e., Gurche, Henderson, Paul, Stout); well experienced in film (perhaps has worked as a production designer) with many film credits; very fast; unspoken understanding of how your relationship with the film works (a problem solverÑ-not a trouble maker).

$12500 per week
This is a well known science fiction “visual futurist ’s” salary. But remember, some of it goes to support his staff as well. This excellent artist is not a paleoartist, but this is the price stratosphere that we should all be shooting for.

How Good Are You?
Producers have a very simple rule of thumb when it comes to quality: the more you charge, the higher your quality. For example, nearly every producer knows that an artist who charges $4000 per week is twice as good as an artist who charges $2000 per week-it’s very simple math: $4000 is twice $2000. 99% of the time this is the only gauge that they have for quality. I cannot stress this enough!

The Time Test (and the Marriage Test)
Usually you will be asked to work for two weeks. This is a test to see how fast you produce, what kind of work you produce, and most importantly of all, to find out what it is like to work with you. The job may end at that point or go on for as much as a year or, occasionally, even longer. If the job lasts over a few months, then your personal relationships are in jeopardy. If you are doing your job properly, you will only see your loved ones just before you collapse into slumber. On Sundays you will probably want to do nothing else but sleep or rest. The designers on “Dune” spent six years on that film. The divorce rate amongst the film crew was 95%.

Despite the public’s perception, there is rarely any easy money in the making of movies. Perhaps it appears to pay you much more than you are making now. But remember: the film job is temporary, and if you are doing your film job properly, you are probably earning every penny being paid to you. If for some insane reason you should decide to stay in the film business, you should call William Stout so that he can talk some sense into you. Good luck!

TYPES OF WORK FOR PALEOARTISTS IN TELEVISION

In some ways TV has much less worry for the paleoartist than films. It’s usually quick and it’s over, and you can promptly return to your true calling, hopefully with your pockets a little greener. Make a mistake or embarrass yourself on camera, though, and those reruns can come back to haunt you!

1) Paleoart Licensing
This is the most likely way for a paleoartist to make money in television. Television producers rarely have time to sit around while the perfect piece of art is painted for their show. They want it NOW. So they are very happy if you supply art that approximates their needs - especially if it’s in color.

2) Commissioned Art
This is highly unlikely because television shows rarely have the kind of budget that would include the commissioning of new art. If you should be so lucky, do your best work, charge your best rate, get a single card credit (see the Film section) and hang on to your originals and your rights.

3) On (or Off) Camera Speaker
You usually get chosen to speak on or off camera as an “expert” because

You are an expert; or

You know something about paleontology and are easily available; or

You know enough about paleontology to pass as an expert to the unsuspecting public and you’re cheap (i.e., free).

4) Science Advisor
This is for when you get used as a dinosaur or paleo “expert” fact consultant on a television program. You may or may not be an expert, but if they say you are, then, at least for that particular show, you are.

Every television show on prehistoric life needs an expert-it gives the show legitimacy and gets parent and science groups off their backs when they make those horrible mistakes you always see.

“Don’t worry, parents-this show is educational,” say the producers. “But we had an expert,” the producers or writers always cry when the idiocy of their information is pointed out to them by scientists in the field.

They neglect to tell anyone, however, that “advisor” is but an honorary term. The scientific “advisor” on a show usually has no power and is rarely (if ever) asked for his or her input in regards to the accuracy of the show’s information. It has been my experience that such input is actually resented (“Pteranodons couldn’t lift human beings? What in the hell are you trying to do-slow down our production?”).

PAY SCALE

The Five Hundred Dollar Rule
Allow me to repeat: In television (and in film, and in almost anything that involves your special skills and knowledge), no matter how little you do, no matter how little is licensed, never charge less than five hundred dollars for anything.

The four categories above all pay differently. Here’s how it breaks down:

1) Paleoart Licensing
The general range is $250 to $1000 per image. Never license an image for less than $250 (this is the current standard rock bottom rate for CD-Rom image license fees). Remember the $500 Rule here; if only one image is needed, then charge $500 (The extra $250 makes up for the time and hassle of getting just that one image together for them).

2) Commissioned Art
$2000-$6000 per week (see film typical weekly rate categories; they’re the same for television. The producers will cry poverty and will probably be more successful at wheedling down your rate, but it’s still the same work essentially.)

3) On (or Off) Camera Speaker
This is a tough one, since the more respectable on-camera exposure you have, the greater your credibility as an expert in the public’s eyes (This usually means you can raise your painting rates a little-you’re famous !). But when does self-promotion (and the promotion of accurate information) end and crass exploitation by cheap producers begin? My advice is to charge something-anything (See the $500 Rule). Producers tend to think that the true value of something is the final price they paid for it.

4) Science Advisor
If they have you draw, it’s the same as #2- Commissioned Art. If not, it’s $2000 to $4000 per week or per show.

Other Television Advice:

Ask for (and get) a finished professional video tape of the final show.

Grant the producers one-time only broadcast rights. If you want, you can be a good guy and grant them one rerun.

Do not grant cable, CD-ROM, commercial videotape or laser disc or any other rights. This prevents them from repackaging your work, reselling it and not paying you. If they want those rights they should pay more. Look at it this way: If they make more money on the show, that means it was successful. You or your work was part of that show’s success; you should share (if even only nominally) in its rewards. Every couple of years I get a five hundred dollar check from a dinosaur program producer that used my work over fifteen years ago. He keeps repackaging it; I keep getting paid.

OVERALL ADVICE:

You should probably never sign the first contract that is given to you. Just because it has the company’s logo and reads “STANDARD CONTRACT” at the top of the first page, doesn’t mean that this is a take-it-or-leave-it deal. The first contract should always be looked upon as a first offer. Then you and your attorney come up with a counter offer. This process goes on, back and forth, until you have a contract with which you are both happy.

Try to include the names of the people hiring you on your contracts as well as the film company name. This will give you more targets in Small Claims Court.

Make sure it is clear that during your period of employment on the project that you retain the rights to any ideas you come up with after hours (off work).

Beware of any clauses preventing you from doing “derivative works”. “Derivative works” must be clearly and carefully defined, otherwise you might be agreeing to never again draw dinosaurs!

Always write your contracts as if the information within the contract is being presented to a jury. Your contracts should always refer to you as an “Artist”, never a “Contractor” or “Client”. If the Walt Disney Company is being sued by a contractor, the jury automatically has sympathy for Disney. But Disney being sued by an artist may set up a David vs. Goliath kind of feeling within the jury.

If the company wants to do a “Rights Buy-Out”, and you can’t come up with a price, a general rule-of-thumb formula is this:
Price paid to do work=original art purchase price =rights buy-out

For example, if you are paid $2000 to execute a piece of art, what they’re buying with that $2000 is only the explicit rights defined in your contract. If they wish to purchase the original art as well, it will cost them an additional $2000. If they also would like a rights buy-out so that they can merchandise the hell out of that particular piece, then charge them another $2000 (but always retain the right to use the piece in retrospectives of your work).

You should be reimbursed for any art supplies or reference materials that you have to purchase (be sure to save those receipts!).

Make sure that the company is responsible for any sales tax that your employment might incur.

You also might try for what is known as a “most favored nations” clause in your contract. This means that at the very least you are also entitled to what all of the other artists are getting on the project (in addition to what you have negotiated for yourself). Make sure that your most favored nations agreement covers both past, present and future artists contracts on the project.

NOW YOU CAN RELAX AND HAVE FUN

I’ve tried to answer all of the questions I get asked whenever one of you guys out there is up for a film job, as well as throwing in a little bit more of the experience I’ve gained during my twenty years in the film and entertainment business.

Use the advice that I’ve freely given and have fun-do what you do best and maybe make a little extra money at it.

But never forget the real reasons you’re a paleoartist.

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		Part 2 Contracts

Paleoartists: Working in Film and Television		PALEOARTISTS: WORKING IN FILM AND TELEVISION © 1996 William Stout The following knowledge has been gleaned from my work on 27 feature films and numerous television programs. I hope it spares you much of the pain that I went through to acquire it. -William Stout Working in film and television can be a lucrative although highly unsteady and unpredictable market for the paleoartist. Many business rules apply here that are much different from the established rules of print publication. TYPES OF WORK FOR PALEOARTISTS IN FILM Storyboards Storyboards are a series of drawings that tell the story of the screenplay in easy-to-follow pictures. Each picture is in proportion to the screen ratio in which the film is going to be shot (i.e., Panavision, Cinemascope, etc.). Presentation art Presentation art usually consists of a series of generally (but not necessarily) large paintings illustrating the film’s key scenes that are either used to a) excite people (usually investors or potential crew) about the project, b) establish a visual style or direction for the project, c) convey in a visual sense the high points of the film or what the project is like, or d) get financing for a project (This is the most common use; pictures are used because no one in Hollywood likes to read) Character design Character design is the process of discovering an agreed-upon look for characters in a film. Although this is usually in reference to an animated feature, this can also be the designs for creatures or special effects characters in a live action film. BASICS Always retain possession and ownership of your original art. When you can, provide your client with high quality transparencies (make them pay for them) or laser color copies instead of your originals. They’ll work for them just as well as original art does. Always retain the right to use your art in retrospectives of your work-and use those words (do not limit yourself to book retrospectives). Never pay for your own travel. If you can, always have them fly you first class. You should try to get a single card credit for your work. That is, when your credit is on the screen, there is a moment when that is the sole credit being shown. The most important credits are front end credits. The rest are shown at the end (“back end”) of the film. Screen credit is considered real currency in Hollywood and should not be taken lightly-it could effect how much you are paid on your next job. Have the producers furnish you with a free professional video tape copy of the movie upon completion of the film. IF YOU MUST TRAVEL AWAY FROM HOME FOR THE FILM: You should receive a per diem. This is typically $150 to 250 per day, and covers your meals, phone calls, laundry, etc. The film company should put you up in a nice hotel and pick up that tab as well. PAY SCALE The Five Hundred Dollar Rule In film (and in television, and in almost anything that involves your special skills and knowledge), no matter how little you do, no matter how little is licensed, never charge less than five hundred dollars for anything. Typical Weekly Rate Categories Get paid by the week-not upon completion of your contract. Pro-rate the partial weeks you work by dividing your weekly rate by five; this will give you your daily rate. $2000 per 5 day week Utter novice; no previous film experience; limited exposure in the print media as a paleoartist; limited reputation within the field of paleontology. If you charge less than this you not only cheat yourself, but you cheat all of your fellow paleoartists, and you look like a fool to the producers as well. You look so much like a fool that unless the producers are very perceptive when it comes to quality (and few are), they will very quickly doubt the quality and validity of your work and ideas. $3000 per week Fair reputation in the field of paleoart; at least one previous film credit; average speed as an artist. $4000 per week Good reputation in the field of paleoart; some prominent published works; a few previous film credits; fairly fast. $5000 per week Fine reputation in the field of paleoart; well-published; several previous film credits; fast. $6000 per week “Star” reputation in the field of paleoart (i.e., Gurche, Henderson, Paul, Stout); well experienced in film (perhaps has worked as a production designer) with many film credits; very fast; unspoken understanding of how your relationship with the film works (a problem solverÑ-not a trouble maker). $12500 per week This is a well known science fiction “visual futurist ’s” salary. But remember, some of it goes to support his staff as well. This excellent artist is not a paleoartist, but this is the price stratosphere that we should all be shooting for. How Good Are You? Producers have a very simple rule of thumb when it comes to quality: the more you charge, the higher your quality. For example, nearly every producer knows that an artist who charges $4000 per week is twice as good as an artist who charges $2000 per week-it’s very simple math: $4000 is twice $2000. 99% of the time this is the only gauge that they have for quality. I cannot stress this enough! The Time Test (and the Marriage Test) Usually you will be asked to work for two weeks. This is a test to see how fast you produce, what kind of work you produce, and most importantly of all, to find out what it is like to work with you. The job may end at that point or go on for as much as a year or, occasionally, even longer. If the job lasts over a few months, then your personal relationships are in jeopardy. If you are doing your job properly, you will only see your loved ones just before you collapse into slumber. On Sundays you will probably want to do nothing else but sleep or rest. The designers on “Dune” spent six years on that film. The divorce rate amongst the film crew was 95%. Despite the public’s perception, there is rarely any easy money in the making of movies. Perhaps it appears to pay you much more than you are making now. But remember: the film job is temporary, and if you are doing your film job properly, you are probably earning every penny being paid to you. If for some insane reason you should decide to stay in the film business, you should call William Stout so that he can talk some sense into you. Good luck! TYPES OF WORK FOR PALEOARTISTS IN TELEVISION In some ways TV has much less worry for the paleoartist than films. It’s usually quick and it’s over, and you can promptly return to your true calling, hopefully with your pockets a little greener. Make a mistake or embarrass yourself on camera, though, and those reruns can come back to haunt you! 1) Paleoart Licensing This is the most likely way for a paleoartist to make money in television. Television producers rarely have time to sit around while the perfect piece of art is painted for their show. They want it NOW. So they are very happy if you supply art that approximates their needs - especially if it’s in color. 2) Commissioned Art This is highly unlikely because television shows rarely have the kind of budget that would include the commissioning of new art. If you should be so lucky, do your best work, charge your best rate, get a single card credit (see the Film section) and hang on to your originals and your rights. 3) On (or Off) Camera Speaker You usually get chosen to speak on or off camera as an “expert” because You are an expert; or You know something about paleontology and are easily available; or You know enough about paleontology to pass as an expert to the unsuspecting public and you’re cheap (i.e., free). 4) Science Advisor This is for when you get used as a dinosaur or paleo “expert” fact consultant on a television program. You may or may not be an expert, but if they say you are, then, at least for that particular show, you are. Every television show on prehistoric life needs an expert-it gives the show legitimacy and gets parent and science groups off their backs when they make those horrible mistakes you always see. “Don’t worry, parents-this show is educational,” say the producers. “But we had an expert,” the producers or writers always cry when the idiocy of their information is pointed out to them by scientists in the field. They neglect to tell anyone, however, that “advisor” is but an honorary term. The scientific “advisor” on a show usually has no power and is rarely (if ever) asked for his or her input in regards to the accuracy of the show’s information. It has been my experience that such input is actually resented (“Pteranodons couldn’t lift human beings? What in the hell are you trying to do-slow down our production?”). PAY SCALE The Five Hundred Dollar Rule Allow me to repeat: In television (and in film, and in almost anything that involves your special skills and knowledge), no matter how little you do, no matter how little is licensed, never charge less than five hundred dollars for anything. The four categories above all pay differently. Here’s how it breaks down: 1) Paleoart Licensing The general range is $250 to $1000 per image. Never license an image for less than $250 (this is the current standard rock bottom rate for CD-Rom image license fees). Remember the $500 Rule here; if only one image is needed, then charge $500 (The extra $250 makes up for the time and hassle of getting just that one image together for them). 2) Commissioned Art $2000-$6000 per week (see film typical weekly rate categories; they’re the same for television. The producers will cry poverty and will probably be more successful at wheedling down your rate, but it’s still the same work essentially.) 3) On (or Off) Camera Speaker This is a tough one, since the more respectable on-camera exposure you have, the greater your credibility as an expert in the public’s eyes (This usually means you can raise your painting rates a little-you’re famous !). But when does self-promotion (and the promotion of accurate information) end and crass exploitation by cheap producers begin? My advice is to charge something-anything (See the $500 Rule). Producers tend to think that the true value of something is the final price they paid for it. 4) Science Advisor If they have you draw, it’s the same as #2- Commissioned Art. If not, it’s $2000 to $4000 per week or per show. Other Television Advice: Ask for (and get) a finished professional video tape of the final show. Grant the producers one-time only broadcast rights. If you want, you can be a good guy and grant them one rerun. Do not grant cable, CD-ROM, commercial videotape or laser disc or any other rights. This prevents them from repackaging your work, reselling it and not paying you. If they want those rights they should pay more. Look at it this way: If they make more money on the show, that means it was successful. You or your work was part of that show’s success; you should share (if even only nominally) in its rewards. Every couple of years I get a five hundred dollar check from a dinosaur program producer that used my work over fifteen years ago. He keeps repackaging it; I keep getting paid. OVERALL ADVICE: You should probably never sign the first contract that is given to you. Just because it has the company’s logo and reads “STANDARD CONTRACT” at the top of the first page, doesn’t mean that this is a take-it-or-leave-it deal. The first contract should always be looked upon as a first offer. Then you and your attorney come up with a counter offer. This process goes on, back and forth, until you have a contract with which you are both happy. Try to include the names of the people hiring you on your contracts as well as the film company name. This will give you more targets in Small Claims Court. Make sure it is clear that during your period of employment on the project that you retain the rights to any ideas you come up with after hours (off work). Beware of any clauses preventing you from doing “derivative works”. “Derivative works” must be clearly and carefully defined, otherwise you might be agreeing to never again draw dinosaurs! Always write your contracts as if the information within the contract is being presented to a jury. Your contracts should always refer to you as an “Artist”, never a “Contractor” or “Client”. If the Walt Disney Company is being sued by a contractor, the jury automatically has sympathy for Disney. But Disney being sued by an artist may set up a David vs. Goliath kind of feeling within the jury. If the company wants to do a “Rights Buy-Out”, and you can’t come up with a price, a general rule-of-thumb formula is this: Price paid to do work=original art purchase price =rights buy-out For example, if you are paid $2000 to execute a piece of art, what they’re buying with that $2000 is only the explicit rights defined in your contract. If they wish to purchase the original art as well, it will cost them an additional $2000. If they also would like a rights buy-out so that they can merchandise the hell out of that particular piece, then charge them another $2000 (but always retain the right to use the piece in retrospectives of your work). You should be reimbursed for any art supplies or reference materials that you have to purchase (be sure to save those receipts!). Make sure that the company is responsible for any sales tax that your employment might incur. You also might try for what is known as a “most favored nations” clause in your contract. This means that at the very least you are also entitled to what all of the other artists are getting on the project (in addition to what you have negotiated for yourself). Make sure that your most favored nations agreement covers both past, present and future artists contracts on the project. NOW YOU CAN RELAX AND HAVE FUN I’ve tried to answer all of the questions I get asked whenever one of you guys out there is up for a film job, as well as throwing in a little bit more of the experience I’ve gained during my twenty years in the film and entertainment business. Use the advice that I’ve freely given and have fun-do what you do best and maybe make a little extra money at it. But never forget the real reasons you’re a paleoartist.

		<< Previous \| Top of Page \| Contents \| W&K Publications \| Next>>