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| Acknowledgments | |
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| Introduction | |
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| Developing the Film | |
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| Overview | |
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| Feature Films | |
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| Hollywood | |
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| Deal Making versus Filmmaking | |
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| Filmmaker's Control Over the Filmmaking Process | |
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| Very Brief History of the Independent Film | |
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| The Initial Stages in Making an Independent Film | |
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| When Is a Filmmaker Ready to Make a Low-Budget Feature Film? | |
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| Building the Core Team | |
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| Synergy and the Core Team | |
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| Working with a Writer | |
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| Hiring a Lawyer | |
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| Partnering with a Producer | |
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| Selecting the Script and Evaluating Actors | |
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| Selection Issues | |
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| Researching Distributor Input | |
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| Selecting a Genre | |
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| The Story | |
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| The Scale of a Film | |
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| Filmmaker-Written Script | |
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| Co-Writing a Script | |
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| Registering the Script with the United States Copyright Office | |
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| Obtaining the Script | |
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| Option/Purchase Agreement for a Completed Script | |
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| Obtaining the Film Rights to a Book | |
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| Talent | |
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| Considering the Types of Films Distributors Are Distributing and Festival Are Screening | |
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| Producing the Film | |
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| Equity Financing of Independent Films "Outside the System" | |
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| Studio Financing | |
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| Private Equity | |
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| Securities Laws | |
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| "Securities" Registration and Exemption from Registration | |
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| Antifraud Provisions Applicable to All Offers and Sales of Securities | |
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| Finders | |
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| Nonequity Financing of Independent Films "Outside the System" | |
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| Nonequity Crowdfunding | |
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| Loans | |
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| Credit Cards | |
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| Nonstudio Distributors | |
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| Tax Subsidies | |
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| Tax-Exempt Status & Fiscal Sponsorship | |
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| Financing Independent Films "Inside the System" | |
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| Production-Financing-Distribution Agreement | |
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| Negative Pick-Up | |
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| Presales and the Basic Elements of a Film Package | |
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| Bank Loans Based on Presale Commitments | |
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| Gap Loans and Bridge Loans | |
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| Completion Guarantees | |
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| Entities | |
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| Reasons for Creating an Entity | |
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| Costs of Creating an Entity | |
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| The State Where Entity Should Be Formed and State and Local Taxes | |
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| Choosing an Entity When Producing an Independent Film | |
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| The Sole Proprietorship | |
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| The Partnership | |
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| Limited Partnership | |
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| Corporations | |
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| Rules for Creating an S Corporation | |
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| Limited Liability Company | |
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| Advantages of a Limited Liability Company | |
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| Creating a Limited Liability Company | |
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| Major Issues in Establishing a Limited Liability Company | |
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| Tax Trap When Obtaining LLC Ownership in Exchange for "Sweat Equity" | |
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| A Scenario Illustrating the Importance of Proper Formation of an Entity | |
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| The Business Plan | |
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| Introduction and Definitions | |
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| Executive Summary | |
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| The Filmmakers | |
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| Film Project | |
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| Information on Budgets of Independent Films | |
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| The Motion Picture Industry | |
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| The Market and Marketing | |
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| Distribution | |
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| The Private Placement Memorandum | |
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| The Summary of the Offering | |
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| Risk Factors | |
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| The Offering | |
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| Investor Suitability | |
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| Tax Considerations | |
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| The Company | |
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| Management of the Company | |
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| Financing: Return of Capital and the Share of Profits | |
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| Conflicts of Interest | |
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| Financial Statements | |
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| The Project | |
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| Additional Information | |
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| Subscription Agreement and Purchaser Questionnaire | |
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| The Interaction of the Business Plan and the PPM | |
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| Underlying Purpose of Securities Laws | |
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| Relationship Between a PPM and a Business Plan | |
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| Who Will the Filmmaker Approach as a Potential Investor? | |
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| Inclusion of Return on Investment ("ROI") Analysis and Financial Projections | |
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| Making the Film | |
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| When Is the Film Ready to Be Made? | |
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| Setting the Date for Principal Photography | |
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| Expanding the Team | |
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| Guilds: Screen Actors Guild-American Federation of Television and Radio Artists; Writers Guild of America; Directors Guild of America | |
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| Hiring a Lawyer | |
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| Actors, Crew, and Vendors | |
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| Miscellaneous Contracts | |
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| Accounting, Bookkeeping, and Payroll Services | |
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| Independent Contractor or Employee? | |
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| Distributing the Film | |
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| Distributors | |
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| When Should a Filmmaker Approach Distributors? | |
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| Classification of Distributors | |
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| Studio Distribution | |
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| Sub-Distributors | |
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| Independent Distributors | |
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| "Other" Distributors | |
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| Self-Distribution | |
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| Distribution Contracts | |
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| Term | |
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| Rights | |
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| Advances and Minimum Guarantees | |
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| Distribution Fee | |
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| Expenses | |
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| Marketing and Distribution Obligations | |
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| The Filmmaker's Right to Be Involved in the Process | |
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| Accounting Statements and the Right to Audit | |
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| Termination | |
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| Preparing for Distribution | |
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| The Challenge to Achieve Distribution | |
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| Film Festivals | |
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| Producer Representation | |
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| Foreign Sales Agents | |
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| Summary of Delivery Items | |
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| Cost of Delivery | |
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| Careful Review of the Delivery Language | |
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| Epilogue | |
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| Index | |