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TOPIC: MC changed the pay schedule after the fact

MC changed the pay schedule after the fact 03 Jun 2014 22:46 #40985

  • periwinkle
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Seems every couple of weeks, one movie company or another does something to make us want to pack it in.

One of our recent movies had a % schedule of
1st wk 70%
2nd wk 60%
3rd wk 50%
4th wk 40%

So I get a call (and an email) from our booker saying... because our week 2 had a better attendance, they were going to switch the wk 1 and 2 percentage, and we now owe them $xx dollars.

What the heck??
Periwinkle
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MC changed the pay schedule after the fact 04 Jun 2014 08:47 #40989

  • rufusjack
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That is a normal way for the studios to calculate film rental. Nothing strange about it.
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MC changed the pay schedule after the fact 04 Jun 2014 10:11 #40990

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We are familiar with MC's increasing the overall percentage - across the board, which sometimes happens weeks, even months later.
But arbitrarily switching a particular week's percentages based on the upside-down attendance for a particular movie has never happened to us before.

When the shooting occurred in Colorado, the attendance for all subsequent weeks were better than the first (for all our movies), and we didn't incur any percentage switching.

Their normal is increasingly becoming "Charge as we see fit, whenever and however we choose".
Periwinkle
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MC changed the pay schedule after the fact 04 Jun 2014 12:44 #40996

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Which is why I tried as much as possible to get the terms in writing by email where possible. Usually no problems except: 1) Lionsgate/Summit did not tell anyone I knew what the terms where on Hunger Games, 2) Disney waiting a long time to settle but expecting payment weeks before, and 3) My Fox rep would NEVER tell me terms by email only over the phone.

I never experienced any changes in terms like you are talking about in 6 years besides the higher % being attributed to the highest grossing week, the 2nd highest % being charged to the 2nd highest week, etc. That was rare. Think it only happened twice to me.
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MC changed the pay schedule after the fact 06 Jun 2014 00:05 #41010

  • Andrew Thomas
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Pretty much ever license agreement I signed allowed for the studio to bill out in such a fashion.
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MC changed the pay schedule after the fact 07 Jun 2014 20:59 #41039

This is known as best weeks. The only one I've ever had enforce it was Sony. Basically - the 70 / 60 / 50 / 40 is not based on chronological weeks, but rather, in the order of highest gross (which usually coincides with chronological). This is not changing terms after the fact. Read your MLA.
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MC changed the pay schedule after the fact 08 Jun 2014 19:25 #41046

  • Mike
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it is always BEST WEEK... and then... if it is an aggregate... as the gross goes up it will be an estimated gross... so you pay a scale... and if it clicks over... you pay more.
Michael Hurley
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MC changed the pay schedule after the fact 09 Jun 2014 08:15 #41048

  • periwinkle
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Thanks for the lesson, all.
Periwinkle
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