Does the film producer really need a film lawyer or entertainment attorney as a matter of professional practice? An activity lawyer’s own bias and my stacking of the question notwithstanding, which can naturally indicate a “yes” answer 100% of that time period – the forthright answer is, “it depends” ;.Numerous producers nowadays are themselves film lawyers, entertainment attorneys, and other kinds of lawyers, and so, often can look after themselves. But the film producers to be worried about, are the people who act as if they are entertainment lawyers – but without a license or entertainment attorney legal experience to back it up. Filmmaking and motion picture practice comprise an industry wherein nowadays, unfortunately, “bluff” and “bluster” sometimes serve as substitutes for actual knowledge and experience. But “bluffed” documents and inadequate production procedures will never escape the trained eye of entertainment attorneys doing work for the studios, the distributors, the banks, or the errors-and-omissions (E&O) insurance carriers. Because of this alone, I suppose, the task function of film production counsel and entertainment lawyer remains secure.
I also guess that there can be several lucky filmmakers who, through the entire production process, fly under the proverbial radar without entertainment attorney accompaniment. They will seemingly avoid pitfalls and liabilities like flying bats are reputed to prevent people’s hair. By way of analogy, among my best friends hasn’t had any health insurance for years, and he is still in good shape and economically afloat – this week, anyway. Taken in the aggregate, some individuals can be luckier than others, and some individuals can be more inclined than others to roll the dice.
But it’s all too simplistic and pedestrian to tell oneself that “I’ll prevent the significance of film lawyers if I simply stay out of trouble and be careful” ;.An activity lawyer, especially in the realm of film (or other) production, can be quite a real constructive asset to a motion picture producer, as well as the film producer’s personally-selected inoculation against potential liabilities. If the producer’s entertainment attorney has been through the method of film production previously, then that entertainment lawyer has learned lots of the harsh lessons regularly dished out by the commercial world and the film business.
The film and entertainment lawyer can therefore spare the producer many of those pitfalls. How? By clear thinking, careful planning, and – this is actually the absolute key – skilled, thoughtful and complete documentation of film production and related activity. The film lawyer should not be considered as simply the person seeking to determine compliance. Sure, the entertainment lawyer may sometimes be the main one who says “no” ;.But the entertainment attorney can be quite a positive force in the production as well.
The film lawyer can, in the course of legal representation, assist the producer as a highly effective business consultant, too. If that entertainment lawyer has been associated with scores of film productions, then your motion picture producer who hires that film lawyer entertainment attorney advantages of that very cache of experience. Yes, it often might be difficult to stretch the film budget allowing for counsel, but professional filmmakers tend to see the legal cost expenditure to be always a fixed, predictable, and necessary one – comparable to the fixed obligation of rent for the production office, or the cost of film for the cameras. While some film and entertainment lawyers may price themselves from the budget range of the typical independent film producer, other entertainment attorneys do not.
Want it or not, the film lawyer entertainment attorney continues, “Film is a speculative business, and the statistical most of motion pictures can fail economically – even at the San Fernando Valley film studio level. It is irrational to perform a picture business or some other kind of business out of one’s own personal bank account” ;.Besides, it looks unprofessional, a real concern if the producer really wants to attract talent, bankers, and distributors at any point in the future.
The options of where and how exactly to file an entity are often prompted by entertainment lawyers but driven by situation-specific variables, including tax concerns relating to the film or motion picture company sometimes. The film producer should let an amusement attorney take action and take action correctly. Entity-creation is affordable. Good lawyers don’t look at incorporating a consumer as a profit-center anyway, due to the obvious potential for new business that the entity-creation brings. lawyer As the film producer should know that under U.S. law a consumer can fire his/her lawyer anytime at all, many entertainment lawyers who do the entity-creation work get asked to accomplish further benefit that same client – particularly when the entertainment attorney bills the very first job reasonably.
I wouldn’t recommend self-incorporation by way of a non-lawyer – any more than I’d tell a picture producer-client what actors to hire in a motion picture – or any more than I’d tell a D.P.-client what lens to make use of on a specific film shot. As is going to be true on a picture production set, everybody has their very own job to do. And I think that the moment the producer lets a qualified entertainment lawyer do his or her job, things will begin to gel for the film production in techniques couldn’t even be originally foreseen by the motion picture producer.
2. SOLICITING INVESTMENT: This issue also often is really a wake-up call of sorts. Let’s say that the film producer wants to make a motion picture with other people’s money. (No, not a unique scenario). The film producer will more than likely start soliciting funds for the movie from so-called “passive” investors in any number of possible ways, and could possibly start collecting some monies as a result. Sometimes this occurs before the entertainment lawyer hearing about any of it post facto from his or her client.
If the film producer is not really a lawyer, then your producer should not consider “trying this at home” ;.Want it or not, the entertainment lawyer opines, the film producer will thereby be selling securities to people. If the producer promises investors some pie-in-the-sky results in the context of the inherently speculative business called film, and then collects money on the foundation of this representation, trust in me, the film producer can have much more grave problems than conscience to deal with. Securities compliance work is among the absolute most difficult of matters faced by an amusement attorney