Making a movie? better call saul
My law clients come from every type of art background
imaginable, and I have many who cannot be categorized because their ideas are so incredibly innovative and therefore do not fit into one genre. These are my favorites because they push my own creative side too, (which is rare for an attorney).
However, there is one group of clients that face a tremendous amount of risk before their ideas even get off the ground, and they are the filmmakers. Filmmakers, who hope to have their film seen in a local festival or in theaters nationwide, need to see an attorney at the outset of the project. This is essential to protect their rights and not open yourself up to a lawsuit.
The first major step for a filmmaker is to organize their business structure in a way that best suits their needs, which is primarily one that would limit personal liability, (meaning a creditor cannot go after your personal assets in a lawsuit), and takes into consideration tax implications.
The best structure could mean a traditional corporation or its variations, a limited liability company, or limited partnership, but as with all legal matters, it depends on the specific situation and needs.
Another major legal consideration is intellectual property. Copyright law comes into play immediately at the very beginning: the script. Many people have the general understanding that once an idea is put into a tangible form (i.e. writing it down), it is protected by copyright laws.
"They push my own creative side too which is rare for an attorney!"
This is, as a general statement true. However, it oversimplifies things. Without registration with the U.S. Copyright Office (copyright.gov), you cannot bring a lawsuit to recover damages.
The aforementioned steps are just the beginning. Once the organization is set up, and the idea is protected, there are still a whole slew of legal documents that are needed.
Here’s just a sample of possible documents that could be needed:
A word of caution: If you are making a film, there is nothing wrong with trying to become as educated about the law as possible. With that said, please avoid using a form book, templates online, or contracts others have used. These documents are not drafted with your particular situation in mind and typically you would not know what is missing, or what might create a liability until it is too late.
by Devon Landis, Esq.
Art & Entertainment Attorney
Devon is an Art and Entertainment Attorney in Rhode Island and Massachusetts, and can be found at www.devonlandislaw.com.
Disclaimer: This is for informational purposes only and is not exhaustive of all aspects of law on this topic and not tobe considered legal advice on any particular set of facts, you should contact an attorney for advice on your specific legal problems.
imaginable, and I have many who cannot be categorized because their ideas are so incredibly innovative and therefore do not fit into one genre. These are my favorites because they push my own creative side too, (which is rare for an attorney).
However, there is one group of clients that face a tremendous amount of risk before their ideas even get off the ground, and they are the filmmakers. Filmmakers, who hope to have their film seen in a local festival or in theaters nationwide, need to see an attorney at the outset of the project. This is essential to protect their rights and not open yourself up to a lawsuit.
The first major step for a filmmaker is to organize their business structure in a way that best suits their needs, which is primarily one that would limit personal liability, (meaning a creditor cannot go after your personal assets in a lawsuit), and takes into consideration tax implications.
The best structure could mean a traditional corporation or its variations, a limited liability company, or limited partnership, but as with all legal matters, it depends on the specific situation and needs.
Another major legal consideration is intellectual property. Copyright law comes into play immediately at the very beginning: the script. Many people have the general understanding that once an idea is put into a tangible form (i.e. writing it down), it is protected by copyright laws.
"They push my own creative side too which is rare for an attorney!"
This is, as a general statement true. However, it oversimplifies things. Without registration with the U.S. Copyright Office (copyright.gov), you cannot bring a lawsuit to recover damages.
The aforementioned steps are just the beginning. Once the organization is set up, and the idea is protected, there are still a whole slew of legal documents that are needed.
Here’s just a sample of possible documents that could be needed:
- Operating Agreement for Organization
- Certificate of Authorship
- Writer Collaboration Agreement
- Employment Agreements
- Location Agreement
- Music Rights and Licensing
- Releases
A word of caution: If you are making a film, there is nothing wrong with trying to become as educated about the law as possible. With that said, please avoid using a form book, templates online, or contracts others have used. These documents are not drafted with your particular situation in mind and typically you would not know what is missing, or what might create a liability until it is too late.
by Devon Landis, Esq.
Art & Entertainment Attorney
Devon is an Art and Entertainment Attorney in Rhode Island and Massachusetts, and can be found at www.devonlandislaw.com.
Disclaimer: This is for informational purposes only and is not exhaustive of all aspects of law on this topic and not tobe considered legal advice on any particular set of facts, you should contact an attorney for advice on your specific legal problems.
