Hello! Newbie seeking advice!

S

SidL

Hi all!

This seems to be the best place to ask advice on making an independant film, so...

I have a completed script for an animated musical. I have storyboards for the whole thing. I have concept art, willing voice actors/singers, a score composer and an advertising manager. I also have a collection of animators willing to help out and I am happy to direct the film myself.

My only problem is the legal stuff!

The crew are dotted all over the place since everything is being done through open source animation software online. Everyone is happy to work for an equal share of profits (assuming we make any) and that is fine with me as we have no budget (and have not needed one so far).

Am I right in thinking we need to set up a production company and some sort of legal structure whereby everyone in the crew automatically gets a share of any profits the company makes later on? Is it possible to do this on a global scale (several people are outside of the UK)? I haven't been able to find any information on this so far - only mention of paying crew up front, which we are obviously not doing.

Has anyone else had experience with this? Any advice would be greatly appreciated.


Thanks,

Sid
 
I'm sure you can get some broad answers on here. But what you really need to do is consult with a lawyer.

and welcome to the boards :)
 
I'm just looking for random advice from people who have gone down the route of setting up a production company (can't afford lawyers). I've been told I need to do this anyway, as distributors will only deal with production companies once we have a completed film.
 
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SidL said:
I've been told I need to do this anyway, as distributors will only deal with production companies once we have a completed film.
Click to expand...
Not true. Who ever told you this has no actual experience
in distribution. A distributor will gladly deal with an individual.

If you want to set up a company then set one up. A production
company is no different than any company. A manufacturing
company buys or rents a building and makes a product. An
auto repair company buys or rents a building and fixes cars. A
"production company" make movies. And they are all started
in the same way.

I don't know the specifics of how a company is started in the UK
so I can't offer you mush help. Have everyone involved sigh an
agreement stating exactly how much ownership of the final movie
they will have. You're the "boss" you set the "points" - the percentage
each person will own.
 
I know that you are probably financially strapped, but I really must urge you to seek legal counsel. The internet is a great resource, but legal beagles never give legal advice for free, and no one else will be able to give you authoritativeadvice.

Trust me, it is a lot better to spend some money now than five years from now, when your movie is finally making money, to spend years in court fighting lawsuits over who gets what because your contracts were not properly structured. A wrong word, a missing comma, an ambiguous phrase can completely alter the meaning of a contract.

An attorney - I guess that you would call him/her a solicitor - who is experienced in the field will give you more than just legal advice; their experiences are invaluable. And the right ones can make other contributions in the way of contacts.


BTW, if you are really a production company you will have to set up a legal framework that will satisfy governmental/tax authorities as well as investors, creditors, clients and employees. A qualified lawyer and a qualified accountant are the only ones who can do that for you; unless, of course, you happen to be a corporate tax attorney yourself.
 
At the very least you need to get EVERYONE, and by that, I mean literally everyone, to sign a release that gives you FULL OWNERSHIP of their image/work/contribution to the film. If just one person doesn't sign a release, your ENTIRE project is unsellable to any distributor. Don't let anyone work on your film until the release is signed.

On the same document note that the only compensation expected is a certain percentage or "points" of the sale ONLY if or when the film is sold.

----------

This, of course, is the no-budget approach to to setting up your production company. It'll work for most films because most films don't get sold. However, having the clearances will help ensure the film gets completed without legal squabbles -- in other words, its your film and you can do as you please.

--------

If there is sharing of power involved or serious production money shows up, you'll likely need to see a lawyer.

Good luck
 
Thank you all for the great advice so far! I've managed to find quite a lot of free legal info/advice online regarding release forms, copyright, profit sharing, etc.

I think it may be best to distribute the film through personal contacts rather than selling to another company. That would hopefully avoid some of the problems. I've set up a company in the UK before, and the process is very straightforward.

I really have NO money to spend (literally)! So buying legal advice is out of the question. This wouldn't be a huge film anyway - I can't imagine it turning into a blockbuster! lol The idea behind it was to see if we could make a film for nothing as a hobby (we all have 9 to 5 jobs outside of this as none of us could find work in our chosen fields, and we wanted something to work on to add to portfolios later on - other people have joined in just for fun).

My cousin is a solicitor (although not in film), so I will get hold of a standard contract/release form and get her to go over it. If I'm lucky she might know someone with more experience, but that's the plan right now anyway.

Directorik - I wasn't aware of that - I just asked other film people and they warned me to set up a company before trying distribution. Plus, I figured setting up a company would be easier when it came to splitting profits. My brother and I did something similar with his company and it worked out ok (although it wasn't film-related). I worked in accounts/finance for 4 years, so tax forms and accounts wouldn't be a problem. I am still in touch with finance people, so can always ask for help if it comes to that!

Thank you everyone - you have helped immensely! :D
 
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