Advice on Shooting Pro Bono

[Sareesh Sudhakaran]

From time to time I get a few requests to do free work for charity. I've decided to take a few on in my free time, and am working out the legal aspects with my lawyer.


I've worked for free before, but only for my own benefit. I would appreciate any advice on how to work for charity - what problems might I face, situations I might come across, things I haven't foreseen, etc.


Thanks.

 

[Peter Majtan]

My sincere advice is that if You need to consult with your lawyer about this - you should not consider it in the first place...

Paid work is what brings the bread and butter on table, pays the bills (and all the new gear and toys) and runs the family in general.
In the free time between paid jobs I either work on my own projects, or help others with theirs (just came back from 2-day shoot for TEDx Tokyo).
Ultimately this is the main advantage of digital over film. You are able to shoot round the clock and with every little thing you do (whether it is a big-budget feature or a small free job or your own project) you gain more experience and become better at what you do. Practice makes perfect and in many ways I learn more on the free jobs (as there are far more restrictions to overcome and much less budget and resources to solve issues - forcing you to be ever more creative). The day you feel like don't need to learn anymore - it is the day you should quit...

But if you need to involve the L-word into the picture (pun intended) - I would opt to stay out...

Just my two yen...

Peter

 

[Sareesh Sudhakaran]

Thanks, Peter. I understand.

The work I'll be doing is nothing short of a normal job, except my company doesn't get paid. But there's still the question of usage rights, contracts, release forms, licenses for music, etc. That's why I'm consulting the lawyer. It might be the same, or there might be different things to consider. I'd also like to keep a professional 'front'.

 

[Bob Gundu]

My advice is to do pro-bono work if you truly benefit for experience or somethig for your reel. But I would not do it for clients that I hope to have a long term relationship with. It's actually psychologically difficult for a client to pay regular rates after getting somethig for free. Just my experience. You are better off doing a barter because there is value attached. Strange but true in my experience.

 

[Michael Brennan]

Check that the production has liability insurance to indemnify you form legal action by public and other members of the crew. (ie if you ask an assistant to move something and they injure themselves or a member of the public)
Check your own insurance that you are covered working under whatever terms you agree too with production.

Beware that your kit may be damaged by an unpaid helper. Make sure that your kit is insured at all times and stipulate to the production that anyone engaged by them who is helping you falls under their insurance, not yours. (a good example is an assistant not locking your camera vehicle, in most cases this is excluded from cover)

Consider retaining the rights to footage that does not feature actors or product, such as general views, landscapes and nature. (you simply licence such footage to the production)
It is usually not worth the contractual wrangling to ask for rights to footage that includes actors and generally such footage is job specific anyway.
In respect to stock footage, try and maximise interesting locations to your advantage!

If you enter a contract be very careful that you are not promising your time and labour and if you expect it could be a bun fight don't offer any guarantees that you will be available to complete the work.
Having said that, if you suspect that working conditions will be taxing don't do the job as your reputation will take a hit if you lose motivation and walk.

Do the project if it interests you, or you want to try out new lighting or camera ideas.... don't do it for the promise of future work or payment further down the line.




Mike Brennan

 

[jimhare]

Bob, what you're talking about isn't pro bono, it's free work. I classify pro bono as benifitting a charitable organization, good cause or someone who truly needs the help but is just starting out or going through hard times. As for free work, you are spot on, it's a waste of time since as soon as you establish your value as $0, it's hard to move from there!


Sareesh, when I do this type of work I intentionally keep it very simple. I maintain a royalty free music library that doesn't require cue sheets even for broadcast, and as for release forms etc., these are not difficult. Forget contracts, you don't want to be obligated to them any more than they want to be obligated to you. Just have a handshake agreement that you will offer what you can and everything else will work itself out.

I've done more of these than I can remember and never had an issue. Certainly none I felt I needed to protect myself against.

The world is a big place and anything any of us can do to make it a better place.

Just keep it simple, keep it contained and go do some good.

My advice is to do pro-bono work if you truly benefit for experience or somethig for your reel. But I would not do it for clients that I hope to have a long term relationship with. It's actually psychologically difficult for a client to pay regular rates after getting somethig for free. Just my experience. You are better off doing a barter because there is value attached. Strange but true in my experience.

 

[Sareesh Sudhakaran]

My advice is to do pro-bono work if you truly benefit for experience or somethig for your reel. But I would not do it for clients that I hope to have a long term relationship with. It's actually psychologically difficult for a client to pay regular rates after getting somethig for free. Just my experience. You are better off doing a barter because there is value attached. Strange but true in my experience.

Thanks, Bob. They're not my regular clients so I hope that doesn't get in the way of business as usual.

Your barter idea is definitely interesting. Do you have any examples of barter that could be mutually beneficial?

 

[Sareesh Sudhakaran]

Excellent advice, Mike!

Check that the production has liability insurance to indemnify you form legal action by public and other members of the crew. (ie if you ask an assistant to move something and they injure themselves or a member of the public)
Check your own insurance that you are covered working under whatever terms you agree too with production.

Beware that your kit may be damaged by an unpaid helper. Make sure that your kit is insured at all times and stipulate to the production that anyone engaged by them who is helping you falls under their insurance, not yours. (a good example is an assistant not locking your camera vehicle, in most cases this is excluded from cover)

Will definitely get as much insurance cover as possible.

Consider retaining the rights to footage that does not feature actors or product, such as general views, landscapes and nature. (you simply licence such footage to the production)
It is usually not worth the contractual wrangling to ask for rights to footage that includes actors and generally such footage is job specific anyway.
In respect to stock footage, try and maximise interesting locations to your advantage!

Great advice about stock footage. I intend to give them the rights of the finished work, nothing more. Will talk with my lawyer about this before I get started.

If you enter a contract be very careful that you are not promising your time and labour and if you expect it could be a bun fight don't offer any guarantees that you will be available to complete the work.
Having said that, if you suspect that working conditions will be taxing don't do the job as your reputation will take a hit if you lose motivation and walk.

Absolutely. I'm willing to bend a little, because I really want to help. But it's best to not let them know that. I won't go in unless I know I can come out with a good video that'll help them.

Do the project if it interests you, or you want to try out new lighting or camera ideas.... don't do it for the promise of future work or payment further down the line.

Mike Brennan

Never. I'm only doing it because I want to help. And I do intend to try out a few things! That's one of the things that excites me - I can (hopefully) have creative freedom.

Thanks again, Mike!

 

[Sareesh Sudhakaran]

Sareesh, when I do this type of work I intentionally keep it very simple. I maintain a royalty free music library that doesn't require cue sheets even for broadcast, and as for release forms etc., these are not difficult. Forget contracts, you don't want to be obligated to them any more than they want to be obligated to you. Just have a handshake agreement that you will offer what you can and everything else will work itself out.

I've done more of these than I can remember and never had an issue. Certainly none I felt I needed to protect myself against.

The world is a big place and anything any of us can do to make it a better place.

Just keep it simple, keep it contained and go do some good.

Thanks, Jim.

You make an interesting point about contracts. Other than signed release forms, one thing that worries me is about the 'choice' of making a video, for which I don't want to be responsible.

E.g., if the organization agrees to make a video they are speaking on behalf of those they are trying to help. In this respect I just want to be seen as a contractor without the legal obligation to share that responsibility. Being India, there are a lot of organizations working with underprivileged kids, and not all parents might agree (even if they are poor) on how their child is portrayed. Ditto for mentally challenged kids or individuals.

Let's just say the law in India isn't what it is in other parts of the world. I am also faced with the prospect of having to witness things I don't want to witness, even if I perform my due diligence and choose the organizations I want to work with. I'm talking about unethical practices, immoral or illegal activities.

Anyway, my intention is not to paint the wrong picture. Most people want to help, and I want to help them do their work. Maybe after I've done a few I might realize my 'fears' were unfounded. I also don't want to scare them off with big-worded contracts!

 

[Jim Hoffman]

Be mindful of materials, expendables and storage too. Sometimes unless these things are addressed early on they can be a gotcha. Someone has to buy hard drives and storage etc. I've done a job or two to help and sometimes I was willing to give my time but those things ended up costing some cash too.

 

[Paul Russell]

I am currently in the middle of two pro-bono jobs, one for a Singapore charity and another for a Myanmar charity. In both cases the deal is on a handshake but, as there is no written agreement for me to transfer over the rights to the footage, it remains my copyright. (Although in practice, in the nature of the goodwill offering, they can use it as much as they like). If I shoot some stuff that I can sell as stock then it's also mine. Given that they're getting a free Red Epic, my time and my post production I don't consider this to be unfair.

 

[jimhare]

I understand completely Sareesh, and I applaud you for your desire to get invovled and make a difference! :cheers2:

You might be able to accomplish your goal with a simple disclaimer saying the organisation takes responsibility or has obtained permission to use all images etc.

I also rarely put my name on the finished product anyway, so all roads lead back to the organisation.

If you are concerned, maybe get a signed statement that organisation takes all responsibility in exchange for their use of the final product.

What I would definitely not put in writing is what you specifically will offer as reality may impact that. Just protect yourself and get on helping!

Thanks, Jim.

You make an interesting point about contracts. Other than signed release forms, one thing that worries me is about the 'choice' of making a video, for which I don't want to be responsible.

E.g., if the organization agrees to make a video they are speaking on behalf of those they are trying to help. In this respect I just want to be seen as a contractor without the legal obligation to share that responsibility. Being India, there are a lot of organizations working with underprivileged kids, and not all parents might agree (even if they are poor) on how their child is portrayed. Ditto for mentally challenged kids or individuals.

Let's just say the law in India isn't what it is in other parts of the world. I am also faced with the prospect of having to witness things I don't want to witness, even if I perform my due diligence and choose the organizations I want to work with. I'm talking about unethical practices, immoral or illegal activities.

Anyway, my intention is not to paint the wrong picture. Most people want to help, and I want to help them do their work. Maybe after I've done a few I might realize my 'fears' were unfounded. I also don't want to scare them off with big-worded contracts!

 

[Sareesh Sudhakaran]

I understand completely Sareesh, and I applaud you for your desire to get invovled and make a difference! :cheers2:

You might be able to accomplish your goal with a simple disclaimer saying the organisation takes responsibility or has obtained permission to use all images etc.

I also rarely put my name on the finished product anyway, so all roads lead back to the organisation.

If you are concerned, maybe get a signed statement that organisation takes all responsibility in exchange for their use of the final product.

What I would definitely not put in writing is what you specifically will offer as reality may impact that. Just protect yourself and get on helping!

That should be doable, don't want to be a position where I'm bound to eternal servitude! Will take care. Thanks!

 

[Sareesh Sudhakaran]

I am currently in the middle of two pro-bono jobs, one for a Singapore charity and another for a Myanmar charity. In both cases the deal is on a handshake but, as there is no written agreement for me to transfer over the rights to the footage, it remains my copyright. (Although in practice, in the nature of the goodwill offering, they can use it as much as they like). If I shoot some stuff that I can sell as stock then it's also mine. Given that they're getting a free Red Epic, my time and my post production I don't consider this to be unfair.

I understand completely, Paul. Maybe I should do the same, though at least I'd like to have signed release forms and a disclaimer like the one Jim suggested.

 

[Sareesh Sudhakaran]

Be mindful of materials, expendables and storage too. Sometimes unless these things are addressed early on they can be a gotcha. Someone has to buy hard drives and storage etc. I've done a job or two to help and sometimes I was willing to give my time but those things ended up costing some cash too.

Good advice! I'm going to make sure I specify how many DVDs I'm going to burn, and everything else.

 

[william howell]

I work for a non-for profit research institute, and have always used my spare time to help any other charitable organizations with their media needs.

In the long run, it's good for the soul.. just make sure that you aren't undercutting or taking work away from someone else in the field.

A good rule of thumb I live by is if the charitable organization literally can't afford to produce any media for itself, but would benefit greatly from any help i could provide... i generally do it...

 

[Sareesh Sudhakaran]

A good rule of thumb I live by is if the charitable organization literally can't afford to produce any media for itself, but would benefit greatly from any help i could provide... i generally do it...

Exactly what I intend to do, William. I expect those who have the budgets must at least pay the rentals and per diems.