The path to making short films, part 2

Short films can be big and complicated and involve lots of paperwork. Or you can go and just shoot the thing, legal considerations be damned. Or you can find a compromise.

This past Sunday I was in Glens Falls, NY and I had the opportunity to sit in a hotel room and just write for about six hours straight. Well, not quite straight. I had lunch and there was a Lethal Weapon marathon on AMC and I had to check out a house to see if it would be a suitable living place for us after we leave Providence, but other than that, it was a glorious marathon of writing (or, in this case, rewriting) and I felt rejuvenated by it.

I haven’t had a good writing session like that in forever. I knew 2023 would be the year of producing and less writing would be the consequence. I wasn’t aware of how much I miss just focusing on the creation of story until that moment.

But—producing—it’s the name of the game for me this year. And in keeping with last week’s post, I thought we would continue to talk through the mechanics of producing a short film. If you already have a compelling reason (for you) to make a short, the rest becomes, to a certain degree, a matter of logistics. But—first, let’s talk about the script.

It all starts with a concept - an idea that's been nagging at you, one that keeps bouncing around in your head until you can't ignore it anymore. This is where the magic begins. You need to hammer on that idea until the most salient, interesting idea emerges. Sometimes, you have to feel it more than know it. It's an intuition thing.

The three short films my team and I have produced together were made for different reasons. The Rickety Man was written as a lark, and went through a number of revisions before Cameron and Zack embarked on producing it. Since we weren’t really a team at that point, they only had a few minor changes they requested, and then they ran with it.

Compare that with The Undoing, which underwent multiple changes, including a complete rewrite the night before the shoot due to our lead actress at that point having to drop out of the production.

But—in general, any script begins with that concept that feels contained and doable within a short amount of time. You aren’t talking a feature, so don’t think you can have the depth and complexity of a feature in your short. I recommend aiming at a very specific, relatable theme and finding what about it attracts you to explore it more.

Once you have your concept, it's time to get into the nitty-gritty of writing the script. Even short films can have a three-act structure, and if you can write to that, you should. You want to be as efficient as possible while not losing the essence of the point. But also, you want to have fun and experiment with it.

Your reasons for making the short may impact how you approach the story, as well. Don’t care about the outcome? You might be willing to be more experimental and out there with the story. You want to make a big splash with this short? You might focus on finding a high concept idea and smashing it out of the park. At the end of the day, your script has to have just two things:

• A story that gets other people excited

• A concept that is feasibly producible in the time and budget you have allotted

The next step is pre-production. This is the big logistics action, and likely where your most boring producing work will be done. Depending on how closely you want to hew to code, you’ll be filling out a lot of paperwork, prepping things like production insurance, SAG (Screen Actors Guild) contracts, payroll, worker comp, and more.

But look. Let’s face it. Most short films are not going to be made “by the book.” The lower the budget, the less closely you’ll be playing by the rules. You might not have insurance. You’re probably not using SAG performers. You likely won’t have payroll (because everyone will be working for free, or you’ll be doing cash accounting). You probably won’t have workers comp. I am not here to judge or tell you what to do. We’ve made films without some of those things. We’ve never worked with SAG performers ourselves, which itself is a massive savings in headache.

But, I’d be remiss not to talk about these things. So, let’s get into it.

Paperwork

If you're planning to make a short film with SAG actors, you will need to make sure you have the proper paperwork in place. Here are some of the key documents you'll need:

1. SAG-AFTRA Signatory Agreement: This is the agreement that you will sign with SAG-AFTRA, which is the union that represents actors in the United States. This agreement outlines the terms and conditions for hiring SAG actors and includes details on payment, working conditions, and other important provisions.

2. Taft-Hartley Report: If you're hiring non-union actors for your production, you'll need to fill out a Taft-Hartley report for each of them. This form allows non-union actors to work on a SAG production for a limited time without having to become SAG members.

3. SAG-AFTRA Time Sheet: You'll need to keep accurate records of the hours worked by your SAG actors and provide them with a copy of the time sheet. This is important for ensuring that the actors are paid correctly and that you comply with SAG-AFTRA regulations.

4. SAG-AFTRA Performer's Contract: This is the standard contract used by SAG-AFTRA for actors working on productions. It covers payment, working conditions, and other key terms of employment.

5. Minor's Trust Agreement (AKA Coogan’s Law): If you're hiring actors under the age of 18, you'll need to set up a trust to ensure that their earnings are properly managed and protected until they reach adulthood.

6. Workers' Compensation Insurance: As an employer, you'll need to provide workers' compensation insurance to cover any injuries or illnesses that your SAG actors may experience while working on your production.

It's important to note that the requirements for working with SAG actors can be complex and vary depending on the specifics of your production, and you often need to get started filing it well before production begins. You may want to consult with a production attorney or a SAG-AFTRA representative to ensure that you have all the necessary paperwork in place before you begin filming.

Now, if you're planning to make a short film with production insurance, worker's comp, payroll, and health and safety protocols (including using stunt performances and animals), here are some of the paperwork you'll need:

1. Production Insurance: You will need to purchase production insurance to protect your crew, equipment, and the filming location. This typically includes general liability insurance, which covers third-party injuries or property damage, and equipment insurance, which covers damage or loss of equipment. There’s also other specialty insurance that you can get specific to unique circumstances on your film, such as if you are renting a classic car or special piece of equipment, you may need to have special insurance to cover that item in the event of damage (just one example—there are literally hundreds, thousands of unique possibilities that might require special insurance).

2. Worker's Compensation Insurance: You will need to provide worker's compensation insurance to cover any injuries or illnesses that your crew members may experience while working on your production.

3. Payroll and Tax Forms: You'll need to keep track of all payments made to crew members and fill out appropriate tax forms, such as W-2 or 1099 forms.

4. Health and Safety Protocols: You will need to create and implement health and safety protocols to protect your crew members and ensure compliance with local regulations. This may include protocols for social distancing, mask-wearing, and sanitation, as well as guidelines for working with animals and stunt performers.

5. Stunt Performer Forms: If your production includes stunt performances, you will need to fill out appropriate forms to ensure the safety of the performers and compliance with union regulations. All cast and crew members would receive the General Safety Guidelines for Production written, orally or posted on-set, and would need to sign an Employee Acknowledgment. This includes all those who report directly to the set for hire, such as day players, casual hires, independent contractors, etc.

6. Animal Welfare: If you're working with animals on your production, you will need to look at local and federal laws regarding the animal(s) you’ll be using in your production and establish protocols to ensure the safety and well-being of the animals. Here’s a good resource for that.

Finally, there’s general paperwork like legal clearances, location releases, performer releases, production schedule, call sheets, equipment scheduling, wardrobe acquisition arrangements, request for permission to film releases, permits (traffic, parking, sanitation, etc.) from local or state government, music license applications, production insurance proof, and a half dozen others. It’s a good idea to have a production folder (or box) to handle all your paperwork. It will fill up quickly.

Have I sucked all your desire to make a short film away, yet?

So, look. Most people wanting to produce a short film really don’t need all this. Legally, you aren’t obligated to do any of this, and realistically, you don’t need most of these measures. There’s nothing stopping you from going out and shooting a short with your friends this weekend. But I’d be remiss if I didn’t list the stuff you do need if you want to go big on your production.

Okay, moving on to…

Budgeting

Budgeting is the dark art of illuminating costs while also trying to minimize them. For a short film, you can budget yourself or get someone to line produce. A line producer will create a script breakdown, including all the costs, material needs, locations, shooting days (broken down by scene), and personnel involved (cast and crew).

Whether your short is insanely complicated and costly or simple and cheap, it's important to be realistic and transparent about your costs. It's better to be upfront about your limitations than to get halfway through production and realize you can't afford to finish. Have you accounted for food and snacks on set? If you’re working under SAG rules there are meal breaks you are required to have. Have you budgeted for travel and lodging for your cast and crew? Cast under SAG may also be due per diem pay, as well as mileage compensation if they drive. They’re also due wardrobe compensation if they bring their own costumes. The list of things you’ll need to account for if you’re a SAG production is too long to list here.

Remember to account for mistakes and unexpected obstacles. Contingencies can be broken down into sub-categories, though that’s likely not necessary for most short film productions.

Congrats, you’ve made it through the toughest, most boring (for creatives) part of the process. We can get into some more exciting stuff now.

Casting

Casting is crucial. You need to find actors who match the role. They are not interchangeable. On The Undoing, I had to rewrite the entire script the night before because our lead actress dropped out due to contracting COVID. The cast we had assembled was based on a particular and special dynamic between the characters and the actresses playing them. Losing the lead meant the whole thing would have been thrown off. We couldn’t simply recast, and we couldn’t swap actors around. It would not have worked.

Be willing to do auditions, rehearsals, and table reads to work out the way this project will feel in the hands of the performers. If you're directing, you should be able to work with actors to craft the characters without stepping on them or line-reading them. Actors are not just performers—they’re artists, with their own interpretations and visions for the characters and story. Thus, collaboration is a conversation.

In my opinion, a set in which actors are merely saying words based on how the director or producer wants them to say them is not a healthy one, and the outcome is not going to be as authentic or brilliant as it can be when all parties are engaged in true creative cooperation.

Shoot Prep

Pre-production is all planning, so you’ll also be doing location scouting, or securing the places you’ll be shooting (renting out a room or building, securing an Airbnb, etc.) as well as securing lodging for your cast and crew if necessary. If you’re working with a production designer, you’ll need to coordinate with her on any set building or location dressing requirements, as well as finding props specifically mentioned in the script.

You’ll also be working with key members of the production team, especially your cinematographer, to work out shot blocking, lighting scheme, and any special requirements (such as weather conditions that are called for in the script (rain, snow, storm, wind, etc).

Every shoot is different, and it’s impossible to list all the prep stuff you’ll need to do to be ready. The point of this is: whatever your shoot needs are, you’ll want to prep for that so when it comes time to hit RECORD you’ll be ready.

Pre-Production Is Production

You know how some people say writing is rewriting? I think pre-production is production in much the same way. The work you do in pre-production establishes all the possibilities of production. Whatever you’re able to achieve on set will likely be the result of the prep you’ve done beforehand.

A lot of pre-production is tedious, boring, and frustrating. Paperwork—filling it out, filing it with proper entities, and storing it securely—can feel stupid and pointless. And it’s easy to make mistakes. So it’s a thankless task, and as producer, it’s on you to do it. Or not, and let the chips fall where they may.

Preparation is the name of the game. How much of this you do is contingent, again, on size and budget. I’m giving you the worst-case scenario; if you’re just shooting a short with your friends, most of this won’t be necessary. So it’s not all terrible. But these are considerations you should have when going into this world.

Next week I’ll get into production and post-production.

Even though short films aren’t nearly as complicated as a feature, they still can involve a ton of moving parts. Doing a short “by the book” will be a massively useful training for you as prep for a feature, since most, if not all, of the steps to make a short apply to features as well.

Is it for you?

I think that’s it for this week, I’ve bored you enough as it is. I hope this is helpful for you.

pax.