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1.
How to Use This Book
1.1
The Third Edition
1.2 Hollywood Studio Pictures
1.3 Independent Pictures
1.4 Micro-Budget Pictures
1.5 Documentaries and Reality
1.6 Made For Television
2. Deal Making
2.1 Hollywood Deal Making
2.2 Independent Film Deal Making
2.3 Contracts
2.4 Material Terms
2.5 Oral Contracts
2.6 Offer, Counteroffer, and
Acceptance
2.7 Forms of Paperwork
2.8 Reliance Letters
2.9 Short-Form Agreements
2.10 Deal Memos
2.11 Certificates
2.12 Letters of Intent
2.13 Formal Agreements
2.14 Standard Terms
2.15 Letter Agreements
2.16 One-Sided Agreements
2.17 Precedent
3.
The Development Process
3.1
Public Domain
3.2 Copyright Reports
3.4 Obtaining Rights
3.5 Fact-Based Stories
3.6 Satire and Parody
3.7 Optioning Rights
3.8 Writer Deals
3.9 Copyright Registration and
Recordation
3.10 Titles
4.
Getting The Star Elements
4.1
The Pay-or-Play Offer Strategy
4.2 The Empty Handed Approach
4.3 Independent Divisions of Major
Agencies
4.4 Personal Managers
4.5 Entertainment Lawyers
4.6 Casting Directors
4.7 Experienced Producers
4.8 Directors
4.9 Actor Production Companies
4.11 Film Festivals, Film
Workshops, Seminars and Grants
5. Private Money and Soft Money Pitfalls
5.1 Private Funding
5.2 Family and Friends
5.3 Avoiding Equity Financing
Pitfalls: "Show Me the Money"
5.4 Soft Money
5.5 Grants
5.6 Production Assistance and Tax
Incentives
5.7 U.S. Federal Tax Incentives
5.8 Tax Shelters
5.9 Co-Production
5.10 Key Film-Production Incentives
5.11 Cash Rebates
5.12 How Tax Credits Work
5.13 Key USA State Incentives
5.14 Key International Incentives
5.15 Other Financing Sources
5.16 Financing Sources
5.17 Talent Fee Deferrals
5.18 Producer Fee Deferrals
5.19 Soundtrack Album
5.20 Music Publishing
5.21 Product Placement
5.22 Conclusion
6. Presales
6.1 The Producer's Representative
("Producers Rep")
6.2 International Sales Agents
6.3 International Sales Agents
Deals
6.4 Producer Fees
6.5 Expenses
6.6 Territory
6.7 Sales Commissions
6.8 Media
6.9 Derivative Productions
6.10 Term
6.11 Guild Residuals
6.12 Approval of Sales
6.13 Form of Contracts
6.14 Accountings
6.15 Credit
6.16 Delivery
6.17 Escrow Collection Accounts
6.18 Cutting Rights
6.19 Marketing, Publicity, and
Advertising
6.20 Selling Spec Movies Before
Completion to Domestic Distributors
7. Production Loans
7.1 Entertainment Bankers
7.2 Production Loans
7.3 Key Terms in Production Loan
Agreements
7.4 Interest Rate
7.5 Commitment Fees (Points)
7.6 Opinion Letters
7.7 Security Interests
7.8 Loan Repayment
7.9 Documentation
8. Setting Up the Production
8.1 The Form of Production Company
8.2 Sole Proprietorship
8.3 Partnerships
8.4 General Partnerships
8.5 Joint Venture
8.6 Limited Partnership
8.7 Corporations
8.8 Limited Liability Companies
8.9 Business Accounting
8.10 Independent Contractors or
Employees
8.11 Loanout Corporations
8.12 Production Accounting
8.13 Insurance
8.14 Script Clearance
8.15 Firemans Fund Clearance
Procedures
8.16 Production Checklist
9.
Hiring Writers
9.1 Certificates of Engagement
10. Hiring Directors
10.1 Directors Guild of America
10.2 Key Deal Terms in Director
Deals
10.3 Conditions Precedent
10.4 Directors Services
10.5 The Pay-or-Play and the
Pay-and-Play Issue
10.6 Directors Compensation
10.7 Deferred Compensation
10.8 Director Credit
10.9 Credits on Non-DGA Films
10.10 Approvals, Controls, Final
Cut
10.11 Suspension and Termination
10.12 Effect of Suspension
10.13 Effect of Termination
10.14 Director�s and Producer�s
Remedies
10.15 Remakes, Sequels, Prequels
and Television Productions
10.16 Works Made For Hire; Waiver
of Moral Rights
10.17 Transportation and Expenses
10.18 Publicity Services and
Publicity Controls
10.19 Insurance Coverage
10.20 Videocassette, Laserdisc, and
35mm Print
10.21 No Quote Deal/Confidentiality
11.
Hiring Actors
11.1 Actors
11.2 The Screen Actors Guild
11.3 The Star Deal
11.4 Deal Terms
11.5 Role
11.6 Compensation
11.7 Start Date
11.8 The Work Period
11.9 Credits
11.10 Perquisites
11.11 Dressing Facility
11.12 Still Approvals
11.13 Likeness Approval
11.14 Merchandising/Soundtrack
Album
11.15 Commercial Tie-Ins and
Endorsements
11.16 Doubles, Dubbing, Outtakes
& Nudity
11.17 Premieres and Previews
11.18 Videocasette, Videodisc/DVD,
35mm Print
11.19 Insurance Matters
11.20 Tax Matters
11.21 Favored Nations
12.
Hiring Producers and Other Production Personnel
12.1
Producers
12.2 Other Production Personnel
12.3 Casting Directors
13. Releases and Miscellaneous Production
Matters
13.1 Film Permits
13.2 Location Agreements
13.3 Releases
13.4 Personal Releases
13.5 Crowds and Background Extras
13.6 Prop Releases
13.7 Using Clips
13.8 Working With Animals
14. Music in Film
14.1
Licensed Music
14.2 Composers
14.3 Music Income
14.4 Other Composer Issues
14.5 Theme Music
14.6 Music Supervisors
14.7 Soundtrack Albums
15.
Selling Your Completed Independent Picture
15.1 Film Festivals
15.2 Industry Screenings: For
Connoisseurs Only
15.3 Distributor Screenings:
Assembling the Troops
15.4 Selective Private Screenings;
What Distributors Do Alone in the Dark
15.5 Recruited Audience Screenings:
Do Your Research
15.6 Sending Videotapes to
Distributors and Sales Agents
15.7 Publicity and Marketing; From
Teaser to Pleaser
15.8 Making the Deal: Read the Fine
Print
15.9 Administering the Deal: The
Best Execution You’ll Ever Afford
16. Distribution, Sales Agency, and
Licensing Agreements
16.1 Key Terms in Domestic
Distribution Agreements
16.2 Picture Specifications
16.3 Presentation, Company Credits
16.4 Advance
16.5 Bonuses
16.6 Rights Granted
16.7 Reserved Rights
16.8 Security Interest
16.9 Term
16.10 Territory
16.11 Prints and Advertising
16.12 Delivery
16.13 Assumption of Producers
Obligations
16.14 Gross Participation
16.15 Participation After Deduction
of Distribution Fees
16.16 Distribution Expenses
16.17 Sums Payable to Producer
16.18 Access to Materials
16.19 Collection Account
16.20 Consultation / Approval
Rights
16.21 Cutting Rights
16.22 Premieres / Festivals
16.23 Accounting
16.24 Additional Terms
16.25 International Territorial Licensing
Agreements
16.26 Delivery
16.27 Essentials
16.28 Delivery Schedule Issues
16.29 Made for Television
17. Digital
Promotion, Marketing, and Distribution
17.1
The Long Tail
17.2 The Official Website
17.3 Blogs
17.4 Social Networking
17.5 Viral Marketing
17.6 Movie Websites
17.7 Search Engines
17.8 Building Awareness Before Your
Project Is Produced
17.9 Grassroots Marketing
17.10 Selling and Distributing Your
DVD Online
17.11 Digital Distribution
17.12 Developing the Plan and Goals
18. Key Issues in Online
Distribution
18.1
The Threshold Issue
18.2 The Grant of Rights
18.3 Exclusivity
18.4 Territory
18.5 Licensing Period
18.6 Advertising and Promotion
18.7 License Fee/Payment
Terms/Audit
18.8 Cross-Links
18.9 Delivery of Materials
18.10 Piracy/Unauthorized Playback
& Duplication
18.11 Protection of Intellectual
Property
18.12 Residuals & Contingent
Payments
18.13 Breach/Injunction
18.14 Representations, Warranties and
Indemnities
18.15 No Sale Guarantees
18.16 Conclusion
19. Profits
19.1
Profit Definitions
19.2 Revenue
19.3 Costs
19.4 Distribution Fees
19.5 Financing Costs
19.6 Production Costs
19.7 Third-Party Profits
19.8 Typical Splits of Profits
19.9 Profits on Independent
Pictures
20.
The Last Scene and Closing Credits
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