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Independent Film Producer's Survival Guide: A Business and Legal Sourcebook 3rd Edition A Business and Legal Sourcebook 3rd Edition

ISBN-10: 0825637236
ISBN-13: 9780825637230
Edition: 3rd 2010
List price: $18.95
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Description: In this comprehensive guidebook, three experienced entertainment lawyers tell you everything you need to know to produce and market an independent film—from the development process to deal making, financing, setting up the production, hiring  More...

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Book details

List price: $18.95
Edition: 3rd
Copyright year: 2010
Publisher: Music Sales Corporation
Publication date: 1/1/2010
Binding: Paperback
Pages: 416
Size: 6.00" wide x 9.00" long x 1.50" tall
Weight: 1.694
Language: English

In this comprehensive guidebook, three experienced entertainment lawyers tell you everything you need to know to produce and market an independent film—from the development process to deal making, financing, setting up the production, hiring directors and actors, securing location rights, acquiring music, calculating profits, digital moving making, distribution, and marketing your movie. This all-new second edition has been completed updated.

Acknowledgements
About the Authors
Introduction
How to Use This Book
The Third Edition
Hollywood Studio Pictures
Independent Features
Micro-Budget Pictures
Documentaries and Reality
Made for Television
Deal Making
Hollywood Deal Making
Independent Film Deal Making
Contracts
Material Terms
Oral Contracts
Offer, Counteroffer, and Acceptance
Forms of Paperwork
Reliance Letters
Short-Form Agreements
Deal Memos
Certificates
Letters of Intent
Formal Agreements
Standard Terms
Letter Agreements
One-Sided Agreements
Precedent
The Development Process
Public Domain
Copyright Reports
Obtaining Rights
Fact-Based Stories
Satire and Parody
Optioning Rights
Writer Deals
Copyright Registration and Recordation
Titles
Getting the Star Elements
The Pay-or-Play Offer Strategy
The Empty-Handed Approach
Independent Divisions of Major Agencies
Personal Managers
Entertainment Lawyers
Casting Directors
Experienced Producers
Directors
Actor Production Companies
Film Festivals, Film Workshops, Seminars, and Grants
Private Money and Soft Money Financing
Private Funding
Family and Friends
Avoiding Equity Financing Pitfalls: “Show Me the Money”
Soft Money
Grants
Production Assistance and Tax Incentives
U.S. Federal Tax Incentives
Tax Shelters
Co-Production
Key Film-Production Incentives
Cash Rebates
How Tax Credits Work
Key USA State Incentives
Key International Incentives
Other Financing Sources
Financing Sources
Talent Fee Deferrals
Producer Fee Deferrals
Soundtrack Album
Music Publishing
Product Placement
Conclusion
Presales
Presales
The Producer's Representative (“Producer's Rep”)
International Sales Agents
International Sales Agent Deals
Producer Fees
Expenses
Territory
Sales Commissions
Media
Derivative Productions
Term
Guild Residents
Approval of Sales
Form of Contracts
Accountings
Credit
Delivery
Escrow Collection Accounts
Cutting Rights
Marketing, Publicity, and Advertising
Selling Spec Movies Before Completion to Domestic Distributors
Production Loans
Entertainment Bankers
Production Loans
Key Terms in Production Loan Agreements
Interest Rate
Commitment Fees (Points)
Legal Fees
Commitment Letters
Opinion Letters
Security Interests
Loan Repayment
Documentation
Completion Guarantees
Setting up the Production
The Form of Production Company
Sole Proprietorship
Partnerships
General Partnerships
Joint Venture
Limited Partnership
Corporations
Limited Liability Companies
Business Accounting
Independent Contractors or Employees
Loanout Corporations
Production Accounting
Insurance
Script Clearance
Fireman's Fund Clearance Procedures
Production Checklist
Hiring Writers
Certificates of Engagement
Hiring Directors
Directors Guild of America (DGA)
Key Deal Terms In Director Deals
Conditions Precedent
Director's Services
The Pay-or-Play and the Pay-and-Play Issue
Director's Compensation
Deferred Compensation
Director Credit
Credits on Non-DGA Films
Approvals, Controls, Final Cut
Suspension and Termination
Effect of Suspension
Effect of Termination
Director and Producer's Remedies
Remakes, Sequels, Prequels, and Television Productions
Works Made for Hire; Waiver of Moral Rights
Transportation and Expenses
Publicity Services and Publicity Controls
Insurance Coverage
Videocassette, Laserdisc, Videodisc, and 35mm Print
No Quote Deal/Confidentiality
Hiring Actors
The Screen Actors Guild
The Star Deal
Deal Terms
Role
Compensation
Start Date
The Work Period
Credits
Perquisites
Dressing Facility
Still Approvals
Likeness Approval
Merchandising, Soundtrack Album
Commercial Tie-Ins and Endorsements
Doubles, Dubbing, Outtokes, Nudity
Premieres and Previews
Videocassette, Videodisc/DVD, 35mm Print
Insurance Matters
Tax Matters
Favored Nations
Hiring Producers and Other Production Personnel
Producers
Other Production Personnel
Casting Directors
Releases and Miscellaneous Production Matters
Film Permits
Location Agreements
Releases
Personal Releases
Crowds and Background Extras
Prop Releases
Using Clips
Working With Animals
Music in Film
Licensed Music
Composers
Music Income
Other Composer Issues
Theme Music
Music Supervisors
Soundtrack Albums
Selling Your Completed Independent Feature
Film Festivals
Industry Screenings: For Connoisseurs Only
Distributor Screenings: Assembling the Troops
Selective Private Screenings: What Distributors Do Alone in the Dark
Recruited Audience Screenings: Do Your Research
Sending DVDs to Distributors and Sales Agents
Publicity and Marketing: From Teaser to Pleaser
Making the Deal: Read the Fine Print
Administering the Deal: The Best Execution You Will Ever Attend
Distribution, Sales Agency, and Licensing Agreements
Key Terms in Domestic Distribution Agreements
Picture Specifications
Presentation, Company Credits
Advance
Bonuses
Rights Granted
Reserved Rights
Security Interest
Term
Territory
Prints and Advertising
Delivery
Assumption of Producer's Obligations
Gross Participation
Participation After Deduction of Distribution Fees
Distribution Expenses
Sums Payable to Producer
Access to Materials
Collection Account
Consultation/Approval Rights
Cutting Rights
Premieres/Festivals
Accounting
Additional Terms
International Territorial Licensing Agreements
Delivery
Essentials
Delivery Schedule issues
Made for Television
Digital Promotion, Marketing, and Distribution
The Long Tail
The Official Website
Blogs
Social Networking
Viral Marketing
Movie Websites
Search Engines
Building Awareness Before Your Project Is Produced
Grassroots Marketing
Selling and Distributing Your DVD Online
Digital Distribution
Developing the Plan and Goals
Key Issues in Online Distribution
The Threshold Issue
The Grant of Rights
Exclusivity
Territory
Licensing Period
Advertising and Promotion
License Fee/Payment Terms/Audit
Cross-Links
Delivery of Materials
Piracy/Unauthorized Playback and Duplication
The Protection of Intellectual Property
Residuals and Contingent Payments
Breach/Injunction
Representations, Warranties and Indemnities
No Sales Guarantees
Conclusion
Profits
Profit Definitions
Revenue
Costs
Distribution Fees
Distribution Expenses
Financing Costs
Production Costs
Third-Party Profits
Typical Splits of Profits
Profits on Independent Pictures
The Last Scene and Closing Credits
Index

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