Risky Business: Financing and Distributing Independent Films

A comprehensive nuts-and-bolts guide to setting up an independent production project. Starting with the basic organization of the company and the preparation of production, collaboration, and screenplay agreements, it covers in detail everything from raising money via loans, presales, and investors through finding, contracting with, and policing the finished project’s distribut

1100609240
Risky Business: Financing and Distributing Independent Films

A comprehensive nuts-and-bolts guide to setting up an independent production project. Starting with the basic organization of the company and the preparation of production, collaboration, and screenplay agreements, it covers in detail everything from raising money via loans, presales, and investors through finding, contracting with, and policing the finished project’s distribut

12.95 In Stock
Risky Business: Financing and Distributing Independent Films

Risky Business: Financing and Distributing Independent Films

by Mark Litwak
Risky Business: Financing and Distributing Independent Films

Risky Business: Financing and Distributing Independent Films

by Mark Litwak

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Overview

A comprehensive nuts-and-bolts guide to setting up an independent production project. Starting with the basic organization of the company and the preparation of production, collaboration, and screenplay agreements, it covers in detail everything from raising money via loans, presales, and investors through finding, contracting with, and policing the finished project’s distribut


Product Details

BN ID: 2940011183812
Publisher: Mark Litwak
Publication date: 01/18/2011
Sold by: Smashwords
Format: eBook
Sales rank: 412,201
File size: 1 MB

About the Author

Mark Litwak is an entertainment attorney based in Beverly Hills, California. His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing. As a Producer’s Representative, he assists filmmakers in arranging financing, marketing and distribution of their films.


Litwak is the author of six books: Reel Power, The Struggle for Influence and Success in the New Hollywood (William Morrow, 1986), Courtroom Crusaders (William Morrow, 1989), Dealmaking in the Film & Television Industry (Silman-James Press, 1994) (winner of the 1996 Krasna-Krausz award for best book in the world on the film business), Contracts for the Film & Television Industry (Silman-James Press, 2nd Ed. 1999), Litwak's Multimedia Producer's Handbook (Silman-James Press, 1998) and Risky Business: Financing and Distributing Independent Film (Silman-James Press, 2004).


He has contributed articles for The Los Angeles Times, The Business of Film, The Hollywood Reporter, Moviemaker and The Independent. He is the creator of the popular CD-ROM program Movie Magic Contracts.


Litwak has been a lawyer for 33 years. He has an AV Peer Review Rating from Martindale-Hubbell and has been named a Southern California Super Lawyer by Law & Politics magazine in 2006 and 2007.


As a law professor he has taught such subjects as entertainment law, copyright, torts and worker’s compensation at such institutions as U.W.L.A., Loyola Law School and the University of Puget Sound School of Law. He has taught entertainment law courses at U.C.L.A. extension for more than 20 years. Litwak has lectured for continuing legal educations programs of the American Bar Association as well as programs offered by the California and Texas state bar associations. A frequent speaker, he has presented seminars across the United States, and in England, Australia, South Africa and Canada including presentations for the American Film Institute, Columbia University, N.Y.U, U.S.C, the University of British Columbia and the Royal College of Art in London.


His background also includes stints as a television journalist, writing and producing news segments for Telepictures, and as a television producer, with Marble Arch Productions. He is a former Vice President and General Counsel for a bay area merchant banking and communications company. Litwak has packaged movie projects and served as executive producer on such feature films as “The Proposal,” “Out Of Line” and “Pressure.” He has provided legal services or worked as a rep on more than 200 feature films.


In the Multimedia arena, Litwak is the author of “Potholes on the Information Superhighway,” published in New Matter, the magazine of the Intellectual Property Section of the California Bar. He is also the author of a White Paper on licensing content, published by the Interactive Multimedia Association. Litwak has co-chaired the U.C.L.A. symposiums “Multimedia Marketing & Distribution” and “Legal Issues for Multimedia Entrepreneurs.”


Mark Litwak has a B.A. and M.A. degrees from Queens College of the City University of New York. He received his J.D. degree from the University of San Diego in 1977.


Litwak has been interviewed on more than 100 television and radio shows including ABC News, “The Larry King Show,” National Public Radio's “All Things Considered,” and CNN. He has been the subject of articles in California Law Business, Australian Lawyer and L.A. Weekly. He is the creator of the Magellan 4 Star site, Entertainment Law Resources, at marklitwak.com.


Table of Contents

Prefacexv
Filmmaker Self-Defense Checklistxvii
1.Organizing Your Company1
Choice of Business Entity1
Sole Proprietorship3
General Partnership6
Limited Partnership7
Corporation9
Limited Liability Company (LLC)13
2.Collaborations and Co-Productions17
International Co-Productions19
Production Incentives30
Contract: Co-Production Agreement31
Contract: Distributor Sales Agency Agreement46
3.Financing Independent Films47
Loans47
Contract: Promissory Note48
Contract: Promissory Note with Guarantee50
Borrowing Against Pre-sale Agreements53
Investor Financing56
Registration and Exemptions57
504 Offering59
505 Offering60
506 Offering60
Intrastate Offering Exemption62
Accredited Investor Exemption62
California Limited Offering Exemption62
Anti-Fraud Provisions63
Distributor Supplied Financing63
Finders64
Contract: Finder Agreement64
Contract: International Distribution License Agreement68
4.Attracting Investors113
Checklist for Film Investors115
5.Tactics and Strategy in Arranging Distribution123
How Much Is My Film Worth?124
How Distributors Evaluate a Film128
Sources of Revenue130
Increasing Your Leverage133
Film Festivals133
Working the Festival Circuit140
Balancing Risks and Rewards141
The Acquisition/Distribution Agreement142
Investigate the Distributor151
6.The Distribution Agreement155
Principle Terms of a Distribution Agreement155
Territory155
Media158
Term160
Distribution Fee162
Distribution and Marketing Expenses165
Advances and Guarantees168
Consultation Rights169
Warranties and Representations170
Accounting171
Arbitration172
Insurance173
Termination174
Allocation of Package Revenue175
Governing Law176
Territorial Minimums176
Access to Master Materials177
Return of Materials179
Delivery180
Contract: Lab Access Letter181
Contract: International Distribution Agreement (Filmmaker-friendly version)182
7.When a Distributor Defaults227
Selecting a Distributor229
Creative Accounting230
Conducting an Audit233
How Revenue Is Divided235
Creative Accounting Pitfalls238
Accounting Terms242
Defensive Tactics244
A Filmmaker's Bill of Rights247
8.Looking Forward251
Appendix ADistribution257
Delivery Checklist257
Certificate of Origin259
Statement of Prior Distribution260
Statement of Distribution Restrictions and Obligations260
Major Deal Points: Acquisition/Distribution Agreement261
Copyright Security Agreement263
Appendix BProduction Incentives267
Incentive Programs in the United States267
International Incentive Programs282
Glossary of Terms291
Index301
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