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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 JOURNAL: What It's Like to Sell 3 Films in Sundance

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One of the best ways we learn is through the experience of others.  That is one reason why we read about people in the industry and the things they do.  Producer   Galt Niederhoffer 's account of bringing and selling her 3 films in Sundance is illustrative of what to expect and what to take heed of for aspiring indie filmmakers.   Read it in full  not only for the big and small lessons it contains but for a voyeuristic glimpse into what your life as a producer may be like , for better or worse .  My favorite take-aways were her thoughts on the current and future film market: The media is pushing the through­line that the muted sales and lower prices reported to date at this year's festival are because the films have been just "meh." In my opinion, the more mellow market is a function of several factors:   1. Distributors have learned to hang back and unite — not in a traditional collusive sense, but because they've been burned in the past and now know

SCRIPT TO SCREEN: Boyhood, Snowpiercer and The Grand Budapest Hotel

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Snowpiercer, The Grand Budapest Hotel and Boyhood are on top of many critics' lists of best films for 2014 .  So I was curious to see what I could learn about how they made them.  I chose these three because they represented the best in their genre so far this year. The Action Film - Snowpiercer Snowpiercer - Trailer Making of (Part 1) - Camera, Lighting and Grip Equipment supplied by ARRI Rental from ARRI Rental on Vimeo . Snowpiercer - Trailer Making of (Part 2) - Camera, Lighting and Grip Equipment supplied by ARRI Rental from ARRI Rental on Vimeo . Highlights from the Twitch interview with director, Bong Joon-ho Twitch - Behind the camera you pulled together so many different talents. You brought in a lot of different people you hadn't worked with before...are you just making it difficult for yourself on purpose?  Bong Joon-ho - Fortunately I had quite a long pre-production period, enough time to discuss and prepare. My cinematographer was the same

CASE STUDIES: Dealing with Chinese Censorship to Create Great Movies

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The US film industry has seen the writing on the wall and knows that it's economic survival involves China.  But shooting in China and co-producing with Chinese companies means censorship is going to affect the story that makes it to the screen.  This willingness to give in to censorship even on non-controversial matters will stifle the creative decisions and directions of the filmmakers making the movies, maybe even to the detriment of the movie's quality.  A cynic might say that in the end, who cares about that as long as you're getting that box office yuan .  But it stands to reason that the kind of movie you make will determine how much of that money you make.  Put up a great movie and people will flock to it. Put up crap and people won't (at best you'll get a cult favorite that makes its money back over a long time, if ever). Most people are inclined to think that a great movie can't be made under the censor's watchful eye but that's not true. A

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