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Welcome from DGA President Michael Apted |
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Dear Colleagues:
The Directors Guild of America was founded more than 65 years ago to protect the rights of directors. To the filmmakers who gave birth to our Guild, the issue was clear: being a director meant that you were ultimately responsible for everything that happened on your film, and therefore should be entitled to certain rights. It mattered not whether your project was large or small, genre picture or blockbuster. If you were a director willing to take on all of the challenges of bringing your vision to the screen, you became a member of a very special community — a community that the DGA was established to protect and promote.
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"With digital filmmaking, the DGA has become more open to doing really ultra-low-budget movies, because now they've become commercially viable. People are taking them seriously, creatively and financially."
- Miguel Arteta
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For over half a century the DGA has stood behind those ideals and built a reputation for fighting on behalf of all our members. Today this includes our independent film director members for whom the DGA has created contracts designed specifically for low-budget pictures. These contracts are continually being revised to meet new needs as they emerge. So, it is possible for every director to make his or her film a DGA film, regardless of the budget. The Guild draws strength from this arrangement as well. The fresh perspectives, energy and talent of new members are indispensable to the vitality and growth of our organization.
I've been directing for more than 35 years and have worked on many indie films during that time. Over the years I've discovered that the Guild is the place where independent filmmakers belong, and it is my personal commitment to make the DGA as indie-friendly as it can possibly be. This commitment is shared by the Guild, as a whole, and its staff, led by National Executive Director Jay Roth. We support our members working in this arena by protecting their economic and creative rights, as well as providing them with the flexibility to do projects they are passionate about.
The Guild's Independent Directors Committees are a concrete embodiment of this commitment. These Committees — one based in New York and the other based in Los Angeles — host regular gatherings for independent and low-budget directors who are Guild members, as well as outreach activities for those who have not yet joined. The Committees have also established the successful "Director's Finder Screening Series" which regularly showcases unreleased independent films directed by DGA members. All films that are shown as part of this screening series are submitted to the DGA by their directors and selected by lottery. I'm proud to say a growing number of the films that we have screened are finding distribution.
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"Many times, particularly on low-budget films, the director is in a very vulnerable position. I joined the DGA because I wanted the support of that institution behind me in the event that something went wrong."
-Tom DiCillo |
In addition, the Guild has ongoing relationships with independent film organizations and is a sponsor and active participant in many festivals and events, including the Sundance Film Festival, Slamdance Film Festival, Outfest, South by Southwest (SxSW) Film Festival, the IFP Los Angeles Film Festival, the Pan-African Film Festival, the Visual Communications Film Festival, Urbanworld, the Gotham Awards, the IFP Market, the Independent Spirit Awards, the American Film Market, the Tribeca Film Festival, the Latino Entertainment Media Conference and others.
I hope this brochure will give you some insight into why becoming a DGA member is the right move for you. In addition to the tangible creative and economic advantages your DGA membership provides you, it is important to remember that the Directors Guild has been, and continues to be, the home for all filmmakers.
Best Wishes,
Michael Apted
President
Directors Guild of America
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"In the old days, I must admit, I was frightened of the DGA, because I was frightened of all unions. Today, I have no interest in making a non-union movie. The best technicians are all in the unions. I joined with Cry Baby and have certainly been very enthusiastic ever since."
-John Waters |
What is the DGA?
In 1936, thirteen outstanding motion picture filmmakers, hoping to achieve proper recognition and creative freedom for directors, created the Screen Directors' Guild (the forerunner of today's Directors Guild of America). These founding members realized that only through unity and organization could they attain the bargaining power to establish basic economic and creative standards for all directors.
Since its establishment, the Guild has won numerous protections that enhance the economic and creative lives of our members on a daily basis — benefits such as the right to a Director's cut, fixed time periods for postproduction, guaranteed compensation, residuals, and health and pension benefits.
Throughout its history, the Guild has campaigned for legislation to protect the Director's original theatrical presentation from alterations, vigorously pursued collections owed to its members from studio and production company bankruptcies and filed suits over discriminatory hiring practices.
As a member of the DGA, you are guaranteed certain benefits. These benefits fall into several broad categories: creative rights, residuals, pension and health plans, contractual and legal protection, educational and cultural programs, and membership in a creative community of filmmakers.
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The Benefits of DGA Membership
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"The independent low-budget director seldom works for a salary. He gets his money?if at all? at the other end of production and distribution. Independent films are usually high-risk productions. You don't know if they're going to see the light of day, unlike studio productions which almost always do and where the director is a salaried employee. Recently, the DGA has made adjustments to help the independent. This is in keeping with the huge increase in independent filmmaking."
-John Sayles |
Creative Rights
Under DGA contracts, you are guaranteed the right to be actively involved in all aspects of the filmmaking process. Examples of this include a designated period of time to cut your picture without interference and the right to deliver your Director's cut to the producer.
Residuals
DGA contracts also protect your right to share in the revenues generated from the sale and distribution of your work. These revenues are called residuals and are based upon employer's and distributor's gross, depending on market.
The DGA is committed to tracking down residual payments which represent additional income for DGA filmmakers.
Pension and Health Plans
The DGA Pension and Health Plans are excellent. Once you have fulfilled the basic eligibility requirements by achieving the requisite minimum earnings each year, you are not only able to provide excellent health protection for yourself and your loved ones, but also build toward your future retirement.
Contractual and Legal Protection
DGA contracts guarantee members certain basic rights in regard to compensation, working conditions and creative rights. The Guild staff assists members in resolving disputes with employers over these and other matters. Claims may arise under the Guild's collective bargaining agreements, the member's personal services agreements, or state and federal law. Most often, Guild field representatives, executives or other Guild departments are able to settle disputes by giving advice to members and/or discussing the problem with employers. If these avenues do not lead to a solution, a member's dispute may be referred to the DGA's Legal Department or to outside counsel which will, if necessary, take the claim to arbitration, enforce an arbitrator's award in court, or, on rare occasions, take the claim directly to court. Members receive free representation from attorneys with a great deal of knowledge and experience, and can often avoid the expense and delay of personal litigation. The Guild's legal services do not, however, extend to individual contract negotiations, general legal advice, profit participation, or services rendered other than as a DGA member.
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"It's a shame I didn't know about the DGA Low Budget Agreement when I made Pi and Requiem for a Dream. Residuals would have been great."
-Darren Aronofsky |
Educational and Cultural Programs
The DGA hosts numerous seminars, workshops and cultural events each year via our various committees, councils and Special Projects Department. These have included workshops on movie scheduling and budgeting, visual effects work and working with actors; seminars on independent filmmaking, mixers with AFMA member companies, special film screenings and tributes/retrospectives of the work of renowned directors. These programs are designed to heighten the profile of directors and their teams within the industry, help our members stay abreast of the latest trends in the art and craft of filmmaking and allow them to add new skills or brush up on old ones.
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A Creative Community of Filmmakers
Guild members have regular and frequent opportunities to meet each other, network and share experiences, information and knowledge. "We have a very active, informed and highly collegial membership," comments National Executive Director Jay Roth. "Thanks to your Guild membership, you will be introduced to your fellow directors, as well as the highly professional assistant directors and unit production managers of the DGA, and form lasting business associations with Guild members and with the Guild itself."
The DGA also has relationships with organizations of directors around the globe and actively participates in cultural exchanges with many of them.
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How the DGA is Addressing the Concerns of the
Independent Film Community Today |
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What is the DGA's New Low Budget Agreement? |
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"The Guild's Agreements provide the flexibility to enable me to pursue my creative vision no matter how big of how small my project, while at the same time looking out for my creative and economic rights."
-Richard Linklater
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In response to the changing economics of low-budget filmmaking, the Directors Guild of America regularly reviews and updates our Low Budget Sideletter. The DGA's current Low Budget Sideletter covers films intended for theatrical or home video/DVD release with budgets up to $9.5 million, and is effective from September 1, 2005 until June 30, 2008. The Agreement has several levels:
- Level 1a: Films with budgets from $0 but equal to or less than $500,000.
- Level 1b: Films with budgets greater than $500,000 but equal to or less than $1,030,000.
- Level 2: Films with budgets greater than $1,030,000 but equal to or less than $2,570,000.
- Level 3: Films with budgets greater than $2,570,000 but equal to or less than $3,605,000.
- Level 4: Films with budgets greater than $3,605,000 but equal to or less than $9.5 million.
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Digital Production |
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"Many independents, like myself, work in isolation and are not accustomed to being part of a large group. Before I joined the Guild, I felt like I was floating on a raft all by myself, surrounded by sharks. It's hard to see, particularly as a young filmmaker, that the Guild has been dealing with directors' concerns for many years and can help pull you off that raft and onto the boat."
- Charles Burnett |
An ever-increasing number of directors are shooting digital and high-definition features under the DGA Low Budget Agreement. The following is a partial list of those projects: Allison Anders' Things Behind the Sun, Nicole Holofcener's Lovely and Amazing, Griffin Dunne's Famous, Michael Figgis' Time Code 2000, Rodrigo Garcia's Ten Tiny Love Stories, Leon Ichaso's Piñero, Richard Linklater's Waking Life and Tape, Michael Radford's Dancing at the Blue Iguana, Bobby Roth's Jack the Dog and Manhood, Penelope Spheeris' We Sold Our Souls for Rock 'n' Roll, Wayne Wang's Center of the World and Gary Winick's Tadpole.
In addition to significantly reduced salary rates for DGA member directors and their teams, the Guild gives good-faith consideration to requests for staffing waivers when the size and scope of a particular project merits it.
According to DGA director member Wayne Wang, "You can easily make a very polished DV movie for under $1 million, including the transfer costs to film, with room to breathe. You can also do it for $100,000 or less. Regardless of what you spend, the biggest plus to shooting digitally is the freedom it provides. You can take more chances, both visually and in the storytelling, and not freak out about making mistakes."
"The digital arena is the cyber wild west — anyone can stake a claim for better or worse," says DGA director Christopher Coppola. "You can still be shot in the back if you are not careful. The DGA is working with me, allowing me to experiment with this new technology while at the same time covering my back and protecting my creative process."
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"In today's climate it's becoming harder and harder for any director to protect her creative rights in the independent film world. The more we stand together, the more we can protect and define those rights. We have creative rights as directors and we're willing to stand for them. One person saying that to a large distribution company has no voice at all, but together we have a stronger voice. The DGA is an excellent place for all of us to be a united front."
-Mary Lambert |
What are Residual Payments?
Residual payments are made to DGA directors following a film's theatrical run for its subsequent exploitation on videocassette, video-on-demand, laserdisc and DVD, pay television, pay-per-view, basic cable and free television. Residuals represent additional income for the DGA filmmakers, and are one of the greatest financial advantages of being a DGA member.
The DGA's Residuals Department monitors industry compliance with the reuse provisions of the DGA's negotiated agreements. In other words, a director may be entitled to payments whenever a feature film he or she worked on is exploited on videocassette, video-on-demand, laserdisc and DVD, pay television, etc. Annually, members receive more than $167 million from reuse of their work. Residuals collections total more than $1 billion since 1990. Additional millions are collected internationally through the Guild's Foreign Levies Program and our agreements with collection societies around the world.
The DGA aggressively enforces these agreements worldwide with computerized policing systems, various audit programs and claims mechanisms which target producers who fail to meet their obligations under the bargaining agreements. When necessary, the Guild will, on behalf of members, bring claims to arbitration, and represent members' residuals interests related to bankruptcy filings and library acquisitions.
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"In these times of rapidly changing technology and filmmaking techniques, the DGA has actively demonstrated its flexibility, foresight and commitment to helping me shoot a small independent labor of love in digital video. The DGA has also made things work within our low-budget so I can have my strong Guild support crew."
-Wayne Wang |
What makes Residuals payments such a great benefit?
Residuals aren't based on a film's profitability. They are payable regardless of break even, are due from the employer's and/or distributor's gross and are payable on non-returnable advances, as well.
By working with the Guild, even productions with the lowest budget levels have been able to meet residuals obligations.
The DGA protects our members' future residuals payments by taking a secured interest in productions. In addition, further protecting Guild members' payments, President Clinton, during his administration, signed DGA-sponsored federal legislation into law. This just scratches the surface of residuals. For further information, and help in answering any questions about residuals, contact the Residuals Department.
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Filmmakers or employers who would like more information on the benefits of Guild membership and working under the DGA's Low Budget Agreement should contact:
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