Cinema Law: What is an LLC and What Does it Have to do With My Documentary?

Q: There's quite a lot of information that leads me to believe I should create an LLC before I undertake a documentary project. Since I am the only person who is involved on the production end, is this highly necessary?

I'm asking any on-screen interviewees to sign release forms and I'm also obtaining signed release forms for any locations. What about still photos and home videos? If I use the photos and old home video footage, do I need to obtain permission from every individual who might appear in the photos/videos?

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June 29th, 2009 | Category: Cinema Law | By Jonathan Steinsapir

Comments: 15

Adventures in Self-Releasing: Signed One Deal, But Still Learning

I recently completed one major piece of our push with The Last Lullaby. We signed a deal with the foreign sales company Cinemavault out of Canada. Recently, they screened the film at the Marché du Film (Cannes Film Market) and felt very encouraged by the interest in the movie. The next major stop will be November’s American Film Market (AFM).

As I figure out the next move with Lullaby, I wanted to share a few thoughts—things I’ve noticed or learned that I don’t think I’ve articulated yet in the pages of this blog:

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June 26th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman

Comments: 13

Notes from Overboard: Gift Horse

Creating an energized, productive set begins long before you ever get there. It starts with the people you’ve chosen to join the team. Making a decision about who to hire is never easy. No matter how carefully you consider someone, you never really know if the production designer you’ve just hired is going to show up one day and reveal themselves to be a total whackjob.

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June 25th, 2009 | Category: Notes from Overboard | By Tom DiCillo

Comments: 14

Marlett & Me: DIY Promotion—Amy Walker Style

If I get one comment more consistently than any other is that I just don’t give up. I wish I had a dollar for each time I’ve been referred to as a Weeble-Wobble. If I did, I’d have my film financed by now! I think it is meant as a compliment, but sometimes it’s said with an abrupt exhale that communicates perhaps something else. But I just press on. I really don’t care. I don’t. And neither should you. This is an exceedingly difficult profession—not only to succeed in, but to even get to the entrance door for the first knock.

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June 24th, 2009 | Category: Marlett & Me | By David Marlett

Comments: 3

Cinema Law: Who Owns What? Raw Footage vs. Completed Project

Q: In shooting promotional/marketing or educational/instructional videos, my clients often seem confused about who owns the raw footage and who owns the finished piece when the project is complete. My understanding is that the clients own the finished piece that I was contracted to produce, but I reserve the rights to the master, raw footage I shot to be able to make that video. I’ve since written into my contracts that I own the raw footage and can use it for non-competing marketing materials as well as my own company’s marketing materials. But I also say that they can have access to a copy (the non-master files) of that footage if they request it and can use it however they best see fit. I added the last part when clients became unhappy with not owning all the raw takes/shots. Is there a right or wrong way to approach this issue and is there an appropriate way to phrase it in a contract?

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June 23rd, 2009 | Category: Cinema Law | By Gregory Korn

Comments: 2

Adventures in Self-Releasing: If I Wanted to Go on Tour, I Would Have Been a Rock Star

Almost wrapped up week six of our release. In many ways, that, in and of itself, is a victory. In this climate, many movies are in and out of theaters in two to three weeks. To say that we've been showing for the last 42 days and that there will be at least one more week makes me pretty damn proud.

But, man am I worn out. I think I've done 55 Q&As in the last six weeks. You know, I almost named this blog, “If I wanted to go on tour, I would have been a rock star.”

So what have I learned so far:

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June 19th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman

Comments: 9

Marlett & Me: Get the Money Up Front

We (BlueRun Productions) are in the midst of receiving offers for one of our top projects. The offers have an array of approaches and terms. The key is to have 20/20 long-range vision. Gotta know what’s around the next 10 bends to best decide how to proceed, which offer to take, what terms are best. But eventually it comes down to gut, and how much you like the people with whom you are going to be working.

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June 17th, 2009 | Category: Marlett & Me | By David Marlett

Comments: 2

Cinema Law: What Is In the Public Domain?

Q: Can you explain to me the legalities surrounding “public domain,” specifically in regards to literature? My dream project is a reinterpretation of a classic Shakespeare story. Do I need to be granted permission to proceed with such a project?

A: The short answer to your question is NO. You do not need to obtain permission to proceed with a project based on one of William Shakespeare’s works. However, let me talk a little about the legalities surrounding public works and copyright law.

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June 15th, 2009 | Category: Cinema Law | By Kristen Spanier

Comments: 4

Adventures in Self-Releasing: Finding Time to Be Inspired

This might be a strange blog post. But I thought it was important to talk about staying inspired. I think when you’re self-releasing, no matter how crazy the schedule, you still have to find some sort of balance. Otherwise, before you know it, burn-out will find you.

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June 12th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman

Comments: 8

Cinema Law: The Importance of Finalizing Contracts

Q: A screenwriter and I signed a non-disclosure/non-circumvent agreement in late 2007 with the intention to make a movie together, myself serving as producer and bringing $6 million for the budget.

I found an overseas investor, the writer got paid WGA scale ($125,000 plus 14 percent) and as soon as the writer signed the deal with the investor, they conspired to leave me out and started production. But as the writer—a first-time writer-director—was so incompetent, the investor pulled his money out after only one-and-a-half weeks of shooting.

In the meantime, they left me hanging with no compensation. Suggestions?

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June 9th, 2009 | Category: Cinema Law | By Patricia Millett

Comments: 22

Notes from Overboard: Life on Set

I wrote earlier the director is the captain of the ship. I did not mean Captain Bligh. But you’d be amazed how many people say the main reason they want to be a director is so they “can tell people what to do.” Certainly valid. Although it might help to keep in mind that most people who operate under this principle have been assassinated.

Directing is not telling people what to do. It is setting up an environment where everyone feels valued and inspired to give you their best work; from each member of the crew to all the actors, including extras and stand-ins. The director’s vision is not a license to treat people like shit. Tyranny only makes people miserable. They start to hate their jobs and contribute less and less until they’re doing only the barest minimum to keep from getting fired.

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June 8th, 2009 | Category: Notes from Overboard | By Tom DiCillo

Comments: 3

Adventures in Self-Releasing: Four Weeks In and Going Strong

The Last Lullaby continues to tour. So far, so good. We’re at least breaking even every week and have three great stops ahead of us: A week at the Fleur Cinema in Des Moines (June 5-11), a slot in the Brooklyn International Film Festival (June 7 and 8) and a week at the Camera 3 Cinema in San Jose (June 12-18).

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June 5th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman

Comments: 11

Marlett & Me: Get Your Boots on the Ground in L.A.

Here’s a question a lot of people ask: Do I need to live in L.A. to be successful in the film business?

The simple answer is no. Or, maybe. Well, probably so. Like everything else in life, it just depends. On what? Lots of things. (Thanks, Dave-o. Can you be any more friggin’ vague?)

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June 4th, 2009 | Category: Marlett & Me | By David Marlett

Comments: 5

Cinema Law: Legal Issues for Docs?

Q: I am currently developing a documentary about life in a Section 8 apartment complex in our neighborhood. Beyond obvious things like releases from those who appear on camera, what other legal issues (short of defamatory issues) should I consider? For example, do I need permission from the apartment complex owner to film a tenant in his or her apartment? Do I need permission to film exterior of the complex (e.g., as tenants walk into the building, etc.)? I know permission is always better, but it may constrain the ability to tell the story if asked for (e.g., intimidation by owners of the participating tenants, etc.).

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June 1st, 2009 | Category: Cinema Law | By Randy Whatoff

Comments: 3