How the definition changes the payout
Here's a small film after all revenue has come in:
| Step | Amount |
|---|---|
| Revenue received by the collection account | $1,500,000 |
| Less sales agent fees and expenses | ($225,000) |
| Less investor recoupment of $800,000 at 120% | ($960,000) |
| Less deferments | ($75,000) |
| Net profits | $240,000 |
| Investors' 50% share | $120,000 |
| Producer's 50% share | $120,000 |
Now compare two actors, each with "2 points":
- Actor A: 2 points of 100% of net profits = $240,000 x 0.02 = $4,800
- Actor B: 2 points of the producer's share = $120,000 x 0.02 = $2,400
Both actors hold 2 points, and Actor B gets half as much, even before any argument over which expenses were deducted.
Where points come from
On independent films, investors usually give up part of their profit through a split with the producers, and the producers hand out points from their own half to people who took less cash: a lead actor, the director, a key department head. On studio pictures, participations are often defined off gross receipts with complex adjustments, and "net profits" definitions include distribution fees, prints and advertising, interest, and overhead on the negative cost, which is why studio net points rarely pay.
What to write down
A points clause should name:
- The pool: 100% of net profits, producer's share, adjusted gross, or something else.
- The definition of net profits, or a reference to the financing agreement's definition.
- When profits are calculated and how often statements go out.
- Whether the points are subject to favored nations with other participants.
- Audit rights.
How it connects to budgeting
Points don't appear on the top sheet, but they're often traded against real line items. If a DP's rate drops from $5,000 to $3,500 a week for 6 weeks in exchange for a point, the budget saves 6 x $1,500 = $9,000, plus the fringes on it. The film P&L for investors shows how points change investor returns, and the recoupment and waterfall entries explain the order money is paid. Deferred pay is the other common trade for cash.
