INDIE LAW
MOVIEMAKER.COM SUMMER 2019 15
if the “Diversity-in-Film” criteria
applies.- Ultra-Low Budget Agreement:
Governing films with budgets
less than $250,000. - Short Film Agreement:
For projects under 40 minutes
in length with budgets less than
$50,000. - Student Film Agreement:
For projects that are a part of an
accredited school’s curriculum
with budgets less than $35,000.
Producers should fully
understand which SAG-AFTRA
contracts are best for their needs
and all of the rules that are con-
nected with each of those con-
tracts. Remember: Just because
your best friend made a film
under the Modified Low Budget
Agreement doesn’t automatically
mean that your particular situ-
ation will permit you to utilize
that agreement.
Regarding the situation in
which you need to film the
opening 10 minutes in ancient
China, your friends are correct:
If you are planning on shooting
your film under the Low Budget
Agreement (i.e. budgets of under
$2.5 million or $3.75 million if
the Diversity-in-Casting Incen-
tive is met) then as stated above
you will not be able to travel
outside the U.S. with your actors
to shoot. So, you’ll need to be
creative. First, let’s recognize
that unless you have a working
time machine to travel to ancient
China, you won’t be actually
filming in “ancient China.” Even
modern China doesn’t look like
ancient China, so even if you
were in China, you’d still need to
rely on some heavy set dressings,
costumes, and set construction.
As a producer working on
a low budget, this is not the only
area in which you will likely
need to “cheat the shot” to stay
in your budget. If moving up
to the SAG-AFTRA Basic Agree-
ment is not a viable alternative
for permitting you to film in
China, then to “cheat the shot,”
you might consider: - Looking for U.S. locations
that can be made to look like
ancient China; - Sending a second unit
without U.S. actors to China and
filming some establishing shots
there; or - If you really need to save
money, simply purchasing the
needed establishing shots of
China from a stock footage com-
pany.
Any of these methods will allow
the filming of your opening scenes
set in ancient China to occur
right here in the good ol’ U.S. of A
with the actors performing their
services either in a heavily set
decorated location, or perhaps
a green screen. When money is
scarce, your creativity needs to be
in abundance.
Finally, note that it is always
possible to ask SAG-AFTRA for
a waiver or variance that would
permit you to achieve your needed
filming. However, those deci-
sions are highly discretionary and
obtaining SAG-AFTRA’s consent
is not something that should be
thought about at the last minute.
Remember, if you can afford
to pay your actors the full SAG
Basic Agreement Rates, then
SAG-AFTRA will gladly allow you
to film anywhere in the world
with the union’s actors.
Q: How do the Diversity-in-Casting
bumps work on SAG -AFTRA Low
Budget Agreements?A: Great question, and a won-
derful complement to our first
question.
As set forth above, SAG-AFTRA
offers five alternatives to its Basic
Agreement for Theatrical films.
In an effort to promote diversity
in moviemaking, SAG-AFTRA
has included provisions in two
of their Low Budget Agreements
that serve as an incentive to en-
courage low-budget moviemakers
and casting directors to creatively
employ diverse, multicultural
actors. (Does the Day Player in
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