What is a Unit Production Manager?

What is a Unit Production Manager?

A friend asked me this the other day and I thought it might make sense to spell it out a for people who maybe don't know.

In simplest terms a Unit Production Manager or U.P.M. for short is the Production Manager that oversees the production of a specific film Unit.

What does that mean? Well in layman's terms a UPM is like the Human Resources director/Office Manager/Union Negotiator/General oversight person. The UPM is also the Line Producers right hand in dealing with the entire production. The Director could be the Line Producers left hand in this analogy. More often than not the Director works with these other two positions as the head of the creative department as opposed to "working for" either of these positions. Since either the Director is also one of the Executive Producers or is directly hired by a producer above the Line Producer.

Where a UPM is in the Rankings: Technically speaking.

Executive Producer
Producer
Line Producer
Unit Production Manager
Production Coordinator
Assistant Production Office Coordinator (A.P.O.C. or "A-POCK")


Production Office Departments: 
(All are below the UPM and part of the oversight, depending on the size and type of show)

Location Manager
Assistant Location Manager
Location Assistants
Location Scouts

Production Accountant
Assistant Production Accountant

Payroll Accountant
Assistant Payroll Accountant

Travel Coordinator

Production Secretary
Production Assistants (Ancillary Staff)

Production Departments:
Every Union Department Head Answers to the Unit Production Manager.

* (The Director of Photography and the 1st Assistant Director can sometimes be excluded from this hierarchy if they are direct hires from the studio or part of a Directors contract, this is more political than chain-of-command.)

Assistant Director Staff (AD STAFF)
1st AD
2nd AD
2nd 2nd (Or 3rd AD)
Set Production Assistant (AKA "PA's")
Additional PA's
Day Player PA'd


This is just a general overview in terms of a big film set's structure and where a UPM fits in. It's at the upper end of the command structure.

I saw a diagram once that said that the UPM was the head of the "Business Side" of a film like the director was the head of the "Creative side".

Wikipedia
"A unit production manager is the DGA–approved title for the top below-the-line staff position, responsible for the administration of a feature film or television production. Non-DGA productions might call it the production manager or production supervisor. They work closely with the line producer." 


Here is a link that pops up when you search Google. Its a pretty good article but it's not everything. Lots of nuance in the job, and what you actually end up doing depends on the budget and type of show your working on.

http://getinmedia.com/careers/unit-production-manager

Some of the things is this article are not 100% correct for every single project. Often on Indie Stuff the Line Producer and UPM will be the same person. The LP (Line Producer) is the person who actually controls the approval of money, they often will consult with the UPM about Labor and or costs on the show. At the end of the Day the Money is controlled by the Executive Producers, who the LP and UPM answer to. To keep those money folks at the top happy the UPM should have a pretty clear idea of what is being spent everyday, what your labor weekly and daily costs are, your projected costs. Right down to the cost of each specific shot.

 While all the information is technically correct it doesn't cover everything. The best way to figure it out is to either work for a UPM or go do the UPM job on a really really indie set and keep working that way learning as you go. 



Short and Sweet feel free to ask any questions in the comments.

Legalities and Contracts Part 2: Breaking down a contract.

Legal Disclaimer.
[THIS IS NOT LEGAL ADVICE, I AM NOT A LAWYER]

Lets get right into it. THIS IS REALLY COMPLICATED, so where people get got is the nuances.
What we are going to do here is try and give you some guide posts to look for. Think of it as questions to go over with your attorney. This is about strategy, and know where to look. Always have a lawyer, but know how to use that lawyer. It's on you to educate yourself.

 Here's an example of complexity in legal jargon, and kind of what I mean. The phrase, "Remit to Comity" was used in a case that I consulted on (Strategy not legal advice) where a States Attorney was Asking the Federal Court to not grant a motion that would have undone a judgement already passed down by the State. That's three words and it took me a paragraph to explain it's context. Confused? Yea, myself and 3 lawyers had to look it up also. We knew what the States Attorney meant, but no one in 2 different offices had every heard of the word "Comity".

So when your sitting with your attorney ask them to explain where each of these elements are in the contract and how each one is outlined, then ask them what that means. Remember the entertainment attorney works for you no matter how nice there suit is. This is also a good metric for knowing if your going to keep working with an attorney. If they don't take the time with you, and your paying them, how do you know they are really taking the time when your not there?
For a contract to be legally binding it needs to have some basic elements:

Offer

Acceptance

Consideration

Mutuality of Obligation

Competency and Capacity

It also should name the parties in full, give contact information for each party and establish the rules for the "language" of the contract pretty early in the document.

Document Detail and length are also tells. 

 Non-Circumvention, Non-Disclosure Agreements [NC/NDA]

I once got an NC/NDA from a producer looking to partner on a movie that was really great story. He asked me and my then partner to sign an "standard NDA". We of course where happy to. He sent it over to us and it was over 20 pages long. As I read through it, there where elements of an Operating agreement(rules and structure for how the film would be managed) and language that literally would have bound us to doing things a certain way legally. Keep in mind, this is all before we had even read the script. The standard length of NC/NDA's is between 1 to 5 pages.
Obviously we didn't sign the contract and passed on the project.

So from 1 to 5,6,7 pages in an NC/NDA is pretty normal.
My personal rule is 2, 3 pages. The ones we have for both of my main companies are 2 pages long.

10 pages is definitely getting long. I start getting nervous if its over 5 pages and the language gets repetitive. If it's long you should read it.

Meeting strategy and When to sign something.
If someone meets with you and hands you an NC/NDA and you don't sign it and they start talking about the IP/Project/or Client that is there responsibility. Likewise if your telling sensitive information to someone who is in a position to be a risk to you or your IP and they don't sign that paper your only putting yourself at risk. It's a weird, and often awkward thing to do but most professionals I have met go to the trouble to make sure its signed.

Now, that's the general rule, you have to be the judge of this. Sometimes a little bit of IP sharing is a sign of good faith and you don't want an opportunity to disappear because you pushed contract talk too soon. Sometimes, especially when your starting out the least experienced person in the room pushes for NC/NDA's too soon. That said, in really early meetings no one will ask for one.

Two months ago I was in an Entertainment attorneys office and we sat down, THE VERY FIRST thing my partner and I did was sign an NC/NDA.

My metric for what to share before the NDA (NC/NDA is often abbreviated to just NDA) is pulled out. Is the answer to this question,

"Do the people in this conversation have the ability to sell or execute the IP I am about to discuss?"

If they do, then be careful. If they don't (you might not know that they do) still be careful.
I usually try and prep by having a LOG Line and a story synopsis ready.

Also if I have registered and copyrighted everything that I am sharing and NC/NDA is not as important at that moment.
Still get the NC/NDA, just don't go for the jugular in the first meeting.

This is an art almost and get's into elements of the negotiations which we can discuss in a later post.

As always, get a lawyer and good legal advice. Hopefully these tools help you understand a little bit more of what the lawyer is talking about. It's your job to educate yourself on how to work with your attorney.

CAUTION: In the entertainment business, lawyers love to become producers. Know how to deal with your attorney and that is the beginning of your legal defense strategy. 

Legalities and Contracts Part 1 "Chain of Title"

Legal Disclaimer

[NOTHING THAT FOLLOWS IS LEGAL ADVICE, I AM NOT AN ATTORNEY, NOR HAVE I EVER CLAIMED TO BE. NOTHING ON THIS BLOG OR THAT FOLLOWS IS LEGAL ADVICE. IT'S ALL AVAILABLE TO THE PUBLIC. THE FOLLOWING IS A INFORMATION RESOURCE POST, AND IN NO WAY CONSTITUTES LEGAL ADVICE.] If your in a contract issue, or have a chain of title copyright issue, go get an attorney. I have several firms I can suggest that will be linked at the end of the article. If you have ANY legal issue, go retain an attorney.

One of the things that I hear all the time that people get intimidated about are protecting themselves and dealing with contracts. It's a scary thing, lets face it. All of us have heard of some horror story about someone not understanding a contract correctly and getting taken advantage of. The thing is, it doesn't have to be. It has helped me over the last few years to understand a few things, like IP protection and how to read a contract. The first is how to protect my IP (intellectual property, something I created or something a client created). It has different industry names, but it's basically the same idea legally. In film and television it's often referred to as the "chain of title' process. We often say "Chain of Title" but it is actually a process not a thing.

Chain of Title is a process in which you take a script/screen play and copyright the intellectual property. Either as a creator of that IP or on the behalf of a client. Often this process includes a letter of assignment or an option agreement. That's more like the second half and something we will get into at another time.

Part 1
The FEDERAL COPYRIGHT

 Register your script/treatment/show idea with the US COPYRIGHT OFFICE.
Link to the actually website: https://www.copyright.gov/

Notice that the end of the website ends with ".gov" ANYTHING THAT DOES NOT HAVE THAT IS NOT A REAL COPYRIGHT OFFICE! It is a service that is going to charge you money to do what I am telling you how to do.

This is the link to the page your taken to after you select the copyright option that inlcudes scripts.
https://www.copyright.gov/registration/performing-arts/index.html

It's under "Performing Arts"

The link to the Script submissions page is here. https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You have to create a USERNAME and PASSWORD but it is a simple process after that to log in. The site walks you through it. Be patient and take your time to read all of the instructions.

This process will end with them giving a printable receipt and or a confirmation email.

THERE IS A FEE last time I did this was in 2018 and it was $50.00. It may have changed so just be prepared to pay something.

Then you have to wait for the Copyright office to approve your copy right. This can take weeks, 6 to 8 weeks roughly. Just know that you will have to wait for it. They will mail you a copy of your certified copyright and send you an email that it has been approved or denied.

Part 2
The WRITERS GUILD ASSOCIATION REGISTRATION

The WGA registration is the second step. Here's why, if you do a WGA registraition and I do a US Copyright of the same script each of us claiming that we wrote it. Then we go to court, the US Copyright wins, EVERY SINGLE TIME. You mail it to yourself and don't open the letter, and I register it with the Copyright office I win, period.

Link to the WGA site: https://www.wga.org/
That is the homepage. What your looking for is at the bottom of the homepage.

The part your looking for to register your script is: https://www.wgawregistry.org/

Click on the big link button that says to register your script and it takes you to this form:
https://www.wgawregistry.org/registration.asp

Each submission costs $20.00 for the general public. And there is a credit card info section of the form.

Why do both WGA and US COPYRIGHT? Well the US Copyright is the most powerful legal protection you can have, and the WGA is the second most. Also if the script is picked up and optioned have it registered with the WGA can help with ensuring your protected in that sale and that your rights as a righter are respected by the producers seeking to buy the script. If you just do the US Copyright your on your own.


Hope this helps good luck out there! Break a LEG!






Some Lawfims that help with IP Protection and Entertainment Law.

In Chicago:
(Smaller firm, local, and honest still)

Shambee Law Office: Law Office Evanston, IL

https://shambeelaw.com/

Shambee Law Office is a diverse law firm practicing in various areas of law. If you need help with your case, you can trust us. Call us now at 773-741-3602.

Looks pretty good for more information. 

https://vlaa.org/get-smart/film-law/

In California:

https://filmtvlaw.com/

(this is a pretty big firm)

No Lottery Tickets, just Hard Work.

No we don't want to read your script, and yes, that makes you the asshole.

Almost 100% of the time when anyone ever learns what me or any of my peers do for a living we are almost instantly pitched. Why? Because people are desperate and don't actually want to do the work it takes to actually get the idea in the place where it might get made. It's really a kinda of shitty thing to do, and if I did that to someone in there job they would have me escorted out of the building. The thing is, I totally get it. I was actually there myself. In some ways still am, it's a constant fight to maintain professionalism in the face of amazing opportunities. What does that mean? I will give you an example.

Our company gets opportunities that are unique and have a huge range of possibilities probably 3-4 times a year. These are the Omega tier opportunities. Like literally a winning lottery ticket, except that the mindset of having the winning lottery ticket is the exact thing that will kill that opportunity.

We had confidential information about the sale of a professional football team, that was going to move from one city to another, years before it actually happened. That said we only had only a few weeks to find millions(or billions) of dollars and put together a group of investors to buy a chuck of this team.  My company, our CEO and affiliates don't work in sports team franchise acquisition so it was a ask in an ideal situation. Almost impossible in a situation where we had other goals an clients actively needing out attention. This deal even at a 1% kickback would have been a lot of money for us. The entire time we had to not be calm and cool as thought deals like this came across our desk every week. Excited enough to get the investors excited but calm enough to not come across as desperate. Desperation is the number one biggest red-flag or make-the-money-run-from-you signal an investor can get. The number two is arrogance. Nobody wants to work with an arrogant jerk, unless there are really really good, or are a proven model. Even then it's not going to work with every investor, especially in film. To finish the story, we held our cool pitched every group we had with the capital to do something about it. By the time we heard back from everyone, the deal was over. It was a long shot to begin with but we increased our value by calmly bringing a big opportunity to the groups we knew could handle it. The next time we reached out to them, the turnaround was much much faster. Had we been desperate and treated the investors like a lottery ticket they would not only have taken longer to respond to our next opportunity, they probably wouldn't have responded at all.

Very specifically when someone tells me they have a script what they in part are telling me is, "I don't know what I am doing", the other part is "I have not put in the work to figure out what to do".  This is why they are the asshole, I didn't make that decision. Neither did the people I work with. We are putting in the work right now, to try and figure out how to do just that with our OWN ideas. Now, you(the person with the script) arrogantly assume that because we work in film that we are "always looking for a good idea" not giving us the credit of having our own good ideas. Now this person with the script expects all of this exciting stuff to happen. And what do us film idiots do, we take the thing, maybe we even read the corner-stapled pile of diner napkins written in gibberish with a picture of Brad Pitt taped to the front. Just in case you have a golden goose of an idea. Which for me, in 13 years in film has never ever happened. No idea that I have read from a lottery ticket chaser has been better than ideas from myself or my colleagues.

The hard work. David Mamet quotes Ernest Hemingway as famously saying "Writing is easy, all you have to do is sit down at the page and bleed.", and that is literally step one in creating a film. Just step one. There is Chain of Title [Which is always step two, OMG mailing the script to yourself is not going to work if I file the same script with the US Copyright office. No the writers guild does not beat the US Copyright office in court. DO BOTH, on the same day! That is the US Copyright office first, then the WGA registration.] Now that is just step two, you still have to create a log line, tag line, one sheet, character breakdowns, story boards, mood boards, and possibly a pitch deck. This, is just to get it ready for any other professional to even look at. Unless you have a "Relationship". This often takes teams of people weeks to do correctly and even then often does not work. We are not even to the point where anyone outside of the writers and there friends are looking at the script, it's probably on the third or fourth draft. It might have 20+ more revisions to go through before it gets purchased, as an option. So no, I am not going to drag my team, and my company through the hell of pitching and building out a script because your cousins-sisters-roommate ate bath salts once and saw an alternate ending to Forrest Gump. This is part of the reason why companies do not take unsolicited scripts, because most of the time they do not have the time put into them to be worth the time it takes to read the first ten pages. Good luck, happy sets!

My Producer Plus PODCAST!

Hello everyone! So I am happy to announce that My Producer + (or Plus) will be joining the world of Podcasting! I will be hosting along with Mary Angela Munez (Her IMDB Link) and Jacalyn Gisvold. Mary has been producing with me and around the entertainment industry since 2014. She was in events, marketing, and talent since she was a teenager. I born business woman with a Bachelors in Communication and a Masters in the art of hustling. She is the CEO and founder of GoLucky Studios.

Jacalyn Gisvold will be a regular guest on the show, she is a film student at DePaul University and an Associate Producer at GoLucky Studios. Jacalyn's goal is to be a creative producer and her perspective getting into the industry and seeing things from another point of view can be valuable to other people just getting started.

They will be joining me as much as possible! The show will drop Sunday afternoons at 3pm starting February 3rd! Links will be on  this blog and a youtube page that I will link in a later post this week.

Glad to be back, so much to update everyone on! Best Wishes!!