Can anyone help me understand how buyouts work?

I recently worked a day on a music video shoot with a buyout of ‘12+1 hour’ - do you know what this means? After unpaid overtime, I earned less than minimum wage and I’m trying to understand if it’s legal. Thank you in advance xx

Replies10

  • @Nathan Haines thanks for your reply Nathan! I was working behind the camera so I was confused by the terminology. I’ve been in the industry for a number of years now but was in a full time role for a few years and wondered if something had changed in the industry that I missed… I’d never come across this term as a way to pay my day rate in the role of Set PA. Surely a conventional day rate should be at the very least comparable with minimum wage? I was also confused by the ‘+1’ - is that meant to relate to lunch break?
    Thanks again!
  • Buyouts are normally connected to image/performance rights for an allotted period after a production is released, i.e 3 to 5 years.

    The fee for the buyout is predicated on the day rate of the artist - but they are Seow rate fees. This is my experience of how buyouts work.

    If I understand your question properly, it seems more one around day rates and the lawful amount to be paid for a days work?

    Do I have that right?
  • Hi Poppy,

    It depend what is in your contract really. Althought definitely there is some injustice in it they might wrote it on a way that it there is no legal consequences for them. The most important would be to figure out if there were any word about overtime and getting back to them that you expect being paid for if that is what you want. Disclaimer the best might just to take it as learning money, some companies just lack of culture and think it's okay not being for overtime.

  • @Poppy Jermaine there's no doubt that there are far too many productions being completed with no/low budget. This is the way of the media/post production industry, so it's best to determine how you want to work and the value that you bring into a production.

    You have to weigh up the benefits of working on certain productions with no/low budgets - professional development/networking.
  • @Tim Mount thanks for the intel Tim! Sounds like a good idea. Just struggling with the idea that this might be a normal practice when even before over time it was less than minimum wage… ?🤷🏻‍♀️
  • Hi Poppy,

    I've only dealt with song rights, but maybe the quick overview will assist - What Is a Video Buyout? (songtrust.com)

    I believe it is legal as you agreed on a fee upfront for the video you shot ‘12+1 hour’ - hourly rates wouldn't be a consideration post shoot - it maybe best in the future to charge a day rate which would cover any potential overtime, this would avoid any similar issues and allow you to work without having to raise on the shoot

    It's frustrating as you can get into hostage situations with assets, spoiling the process. I'm sure there will be other members with more experience who will be able to advise.

    Good luck with your work.

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