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PRODUCTION TIPS: 3 Tips to Working With a Tight Budget

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Filmmakers, no, you will not go to jail for bankruptcy. Fraud on the other hand... It is difficult to plan ahead and come up with the perfect budget for a film but the allure of making a film can not be denied. And so, the filmmaker plods ahead come what may to make that film. But for low-budget indie filmmakers all it takes is one misbudgeted item to derail the whole project. So when you gotta make that film even if you lack enough funds then you must be efficient and flexible to make it to the finish line. Here are 3 tips to get there: ATTRACT TALENT WITH PARTNERSHIPS Find the best Writer, Protagonist Actor/Actress, DP, Sound Mixer, Line Producer / Production Manager, Lawyer and Editor you can afford. Develop a professional relationship and friendly rapport with them. Think long term. If you can't afford their fees, put together a compensation package that is more than just credit and deferred compensation. Even low pay is better than nothing. Some other forms of comp

PRODUCTION TIPS: Just Know that Profit Participation Comes Out of the Producer's Pocket

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I recently wrote an article about why it is a good thing for certain filmmakers making certain films to share the wealth with profit participation instead of deferred compensation. A caveat: that has a limited use. However, I wanted to revisit that idea and clarify what that means for a filmmaker looking to adopt a profit participation strategy to paying their cast and crew. The truth is that while paying your cast and crew with profit participation instead of deferred compensation can lower a producer's and investor's out-of-pocket production and postproduction costs and improve morale/motivation, it has limits. Here's why: A producer makes multiple contracts throughout the life of a film starting with the writer and ending with the distributor. Along the way, she decides to offer back end participation (or net/gross profits or profit participation) to the cast and crew and signs a contract with them promising to do so. When the producer meets with the distributor

PRODUCTION TIPS: Don't be #SelfishFilms, Share the Wealth

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Sometimes when a no-budget filmmaker can't afford to pay a cast and crew what they are worth, then "profit participation" > "deferred compensation "     So many filmmakers struggle with the challenge of making their film because it is such a complex artform with a gaggle of logistical and artistic elements to it. One minute you are figuring out locations the next you have to decide on wardrobe then your DP is asking you about lenses and lighting (hell you might have to be the DP too) and your lead actor wants you to help him understand the crux of the scene. That's not even taking into account the budget and the legal and the food and the... you get the picture.  Filmmaking is hard work to do all by yourself which is why most don't. Filmmakers raise money to cover the costs of their cast and crew and those who can't raise sufficient money promise deferred compensation to their cast and crew. But even those who can't afford to pay cast

PRODUCTION TIPS: Don't be like Randall Miller - Think Safety

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Filmmakers sacrifice alot for their art; their sleep, their bank account, their time, their family, their sanity, even their health. That is understandable to a degree since the need and desire to express yourself trumps the more rational necessities of life. But while filmmakers, as artists, might believe there is no limit, there really is and that is when you take someone's life in your hands. It feels morally repugnant to risk someone's life for art or money. But it happens in film. And the reality is that it has to happen. It has to happen because without taking risks you can't "get that shot" or "finish the film" or "make the fight scene look amazing." But because there are risks to making movies, the filmmaker has a sacred duty to do all within their power to minimize the risks.   What is truly morally repugnant is when a filmmaker risks someone's life without doing all in their power to minimize the risks. Accidents will alwa

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 3

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In parts 1 and 2 , we covered the reality of being sued and ways to minimize the chances of that happening (and losing) by essentially displaying common sense, taking the time out to make sure 'things are what they seem' and getting everything in writing.  Producers and filmmakers with money hire lawyers and others to do all that work for them so they can focus on the fun stuff like directing scenes or hobnobbing with actors and financiers. The true no-budget filmmaker can't hire a lawyer to do the work but the work still needs to get done somehow.  This series has been an attempt to provide no-budget filmmakers, like you, some guidelines to help you organize and minimize your risk.* INTERNS.  'Everyone loves PA interns cuz they work for free, right?!?' Wrong. The Blackswan case was a wake-up call for the industry; your interns are not a way to get free labor.  For far too long, interns have been used in abusive manners (even if the producers didn't i

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 2

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The second article of a 3-part series In part 1 , we looked at the reality and possibility of being sued for creating art and entertainment followed by ways to avoid legal problems with the script and other artworks used in making the film.  As we all know, the main (but not only)  reason why you as a producer would hire a lawyer is to avoid lawsuits.  Although it might not seem like it when you are itemizing your production budget, it is money well-spent (provided you get a good lawyer).  However, in this day, age and economy, there are filmmakers who literally have no budget. But even without a budget, you are still vulnerable to lawsuits so you need to do what you can to protect and defend yourself.  That's why I place so much emphasis on documenting everything you do and keeping it in a safe, accessible place.  This protects you and minimizes the risks you face.  In part 2, let's look at what you can do when dealing with actors, crew, locations, children, music, trade

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 1

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The first article in a 3-part series. The main reason why producers hire lawyers is to avoid lawsuits.  However, a good production lawyer can offer more than that. For example, she can help formulate a strategy to take the film on a successful festival run or negotiate a deal at a film market or lend a project some legitimacy or advise on how to attract and raise the necessary funding or even provide some creative feedback that could be crucial to the production's success. But no lawyer kids themselves into thinking those are their main selling points... they know that while they can do all that and a bag o'chips, the main reason producers hire lawyers is to avoid a lawsuit (or so that the distributor or studio who buys the film avoids a lawsuit). So hiring a lawyer should be a no-brainer, right? But the truth is it doesn't happen.  And the biggest reason why is that lawyers cost too much.  Now that's a reasonable excuse because lawyers ARE expensive.  But only t

PRODUCTION TIPS: Get the Right to Make Changes... Or Else

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So you're a producer with a hot property optioned from a novelist who gave you the right to shoot a film based on her novel.  You have all your agreements signed by your above-the-line and below-the-line people and your production is ready to start.  During the development of your film, you choose to make major changes to the story that you think will make it more engaging, more artistic and/or more marketable.  Then your phone is blowing up with calls from the original author on which your production is based.  She's pissed off with the changes but you're not worried because she signed your contract and she can't do anything to stop you.  Or so you think. You and your lawyer look at the contract and he notices the following: that while you did obtain the right to represent the work, you DIDN'T obtain the right to make alterations, changes or modifications to the characters, stories or text created by the original author in the first place. As Gordon P. Fi

WE INTERRUPT YOUR SCHEDULED PROGRAMMING FOR A BRIEF ANNOUNCEMENT...

I know it's been a while since I have updated the site but I am still here. I had some personal issues to take care of, primarily, the loss of my mother, earlier this year.  But along with the loss, I am also happy to announce that I am expecting a daughter.  In addition, I am putting the finishing touches on the next step of my evolution as a filmmaker and entertainment lawyer. So stay tuned! Thank you for your support so far. I appreciate the feedback, even when it is not always the kindest. As long as it is useful to filmmakers and helps make the site better, I'll take it. While I plan on resuming the regular posts you are so accustomed to, it will be a little while longer before that happens... in the meantime, don't hesitate to use the production / filmmaker's toolkit for your productions by clicking here .

CASE STUDY: On Celebrities and Crowdfunding

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The recent crowdfunding campaigns for Veronica Mars , Zach Braff and James Franco brought one thing dramatically to light: it's good to be a celebrity when you're crowdfunding.   Celebrities tend to easily reach and even surpass their crowdfunding goals when they go online and ask for cash (James Franco is a rare exception - he only raised $328,329 out of the $500,000, still a sizeable number that a non-celebrity filmmaker would have a hard time getting).  Even though they are subject to criticism for not offering profit participation in their films, celebrities do offer a panoply of prizes and rewards for the contributions they receive.  I found that interesting since their prize lists are exhaustive.  Filmmakers should learn from these celebrity campaigns even if they can't always do all of the things celebrities can do with theirs while also being attentive to potential changes or improvements occurring with crowdfunding legislation. Hollywood is watching and lea

PRODUCTION TIPS: A Plan for Managing Film Funds in a Joint Account

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“People who want to make a million borrow a million first” ― Sophie Kinsella, Shopaholic Takes Manhattan   “Money often costs too much.” ― Ralph Waldo Emerson  Money is both the lifeblood and the bane of film; we need it to express our visions on celluloid (or digital) but getting it is a struggle.  And getting the money is not only hard to get but also hard to keep.  Now, although most directors and producers (and sentient earthlings) would prefer to have the problems associated with money than be broke, it is still important to remember that keeping the money can be even more problematic than getting it.  That point was made vividly clear to me by a case I read recently and a question I came across on a Facebook group page.  Essentially, they dealt with the strategy and consequences of handling money with a business partner and setting up a joint bank account for the purposes of a production. The case I read  dealt with the misappropriated funds o