Low budget films that have actors and directors deferring their salaries for a share in the profits, are one way that people are able to make movies with big stars. When the film ends up being a huge success, like Oscar winning "Crash," that's when problems can really begin.
"Crash," which cost only $7.5 million to produce, took in a hefty $180 million globally. Still, four months after the Oscar's, the stars and director are still waiting to get paid.
Michael Sherman, an entertainment attorney with Jeffer, Mangels, Butler & Marmaro said, "Whenever there's a lot of money involved, particularly in the entertainment business, people don't necessarily have a great incentive to let go of it and pay it to the creative folks.”
Jay Dougherty a professor at Loyola Law School added, "Certainly the more money a film makes, the more is at stake and the more likely there are to be inquiries into whether the accounting has been done correctly and properly."
While there have been times when success goes beyond expectations and the courts decide how and if money will be distributed, in this case I don't think it applies.
First of all, as in all of these types of deals, there are an enormous amount of principles involved that make the compensation time consuming to figure out. In the case of "Crash," there is the added burdon of a lawsuit being fought over the film's numerous producers and the films' credits, along with foreign financing, that is the main reason behind the wait.
Even if the deal was explained in detail to those participating in it, it would probably be impossible to understand. Sometimes the list of people involved and the order and percentages they are to receive are in extraordinary detail.
These types of deals should and will always be a part of Hollywood. It's usually when they are "accidently" succesful beyond expectations that the problems begin.
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