Film Strategy

I have recently started a  series  for HOLA (the Hispanic Organization of Latino Actors) on  El Blog de HOLA  based on business and legal questions actors have. “If I choose to work in a nonunion film (one that is not SAG-AFTRA), what key contract terms or clauses should I look out for to protect myself?” Here’s something that any working actor can tell you: there are many more nonunion roles than there are SAG-AFTRA roles. So, actors, in a quest to build their credits, gain experience, make themselves visible and hone their craft will take on a nonunion role if they find it in their interest to do so. Whether they should or not is another story but assuming they do there are some things an actor should look out for to protect themselves from unscrupulous or sleazy producers. • Put it in writing. While it is true that oral agreements are enforceable, if it’s not on paper, your job to prove you were promised something for your work in a production becomes that much harder.

This is NOT what I mean when I say, "Put it in writing." The independent filmmaker is inundated with so much to do that even when she tries to do something right, she will make mistakes.  Mistakes are unavoidable and we learn from our mistakes so, in some sense, we learn to live with them.  For some filmmakers, mistakes actually force the director to make a creative decision that enhances the film.  But there are some mistakes that must be avoided at all costs or they will sink your production.  One of the mistakes a filmmaker must be sure NOT to make is failing to have a contract. In its simplest form, a proper film contract records in writing the agreement between the filmmaker and everyone else involved in the production.  It should define things like each parties' rights and responsibilities, compensation, length of service, and other matters important to protecting the parties and the production.  Those contracts then become a part of your chain of title which

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

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

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

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

The Black Swan case and the Casting Society of America's recent announcement to cease internship job postings  reflects a new world when it comes to using interns in the entertainment industry.   The federal and state labor laws are pretty straightforward when it comes to interns,  “If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled to compensation under the  Fair Labor Standards Act  (FLSA).”    Although it might seem unfair and a break from tradition to producers who remember the good ol' days(?!) when they were the interns themselves or who mean no harm because they are just trying to save as much money as possible for the benefit of the production, it really isn't. Using interns is not an excuse to save money or an opportunity to use free labor, it is an opportunity to teach and hone new talent while giving them

“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