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Who's in Charge?

RickP

RickP

Hypothetical situation:

I am the writer of a script. I have a friend who owns a camera, a friend who owns an audio recorder, a friend who likes to work with lights, and a friend who likes to act. We were discussing the possibility of turning my script into a film. since I don't have a job to do, we collectively agreed I should direct the film. We are all volunteering, working together, and we will be the only five involved in the film with an equal hand. There will be no production company formed nor LLC of any kind.

Who is technically in charge of this production and why? As in who takes blame if something goes wrong?

Thanks to all those who were patient with me on my last thread titled LLC necessity. I am still trying to get to the bottom of the role of responsibility in underground film-making.
 
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The person who has to organize and finish the project is in charge. That is usually the producer or director. However, that can also be who ends up with the footage and sound, as they can literally hold the elements hostage. Be nice to your editor/post-production person. ;)
 
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Scoopicman said:
The person who has to organize and finish the project is in charge. That is usually the producer or director. However, that can also be who ends up with the footage and sound, as they can literally hold the elements hostage. Be nice to your editor/post-production person. ;)
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Right, but I am looking for who is in charge during production. There is no sole producer and we are going to collectively organize everything. And thanks for the warning about the editor being able to hang onto the finished product, it will more than likely be a close friend so there should not be any problems.
 
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It's the responsibility of the cast and crew to help create the directors vision. It's the directors responsibility to put in all the pre-production work and ensure that the end product is something people will actually enjoy watching
 
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Aspiring Mogul said:
Who's in charge? You two will have to decide, given your personalities and relationships.
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Well there are five of us, not two. And what if we do not want to delegate any more responsibility to any one person than the other. Who takes the hit when a legal pitfall pops up? Is it automatically the 'volunteering' director?
 
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RickP said:
Well there are five of us, not two. And what if we do not want to delegate any more responsibility to any one person than the other. Who takes the hit when a legal pitfall pops up? Is it automatically the 'volunteering' director?
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Depends on the legal pitfall now doesn't it

If one of your lights explodes in someones face, I'm guessing your lighting guy.

If you secure a location on train tracks, lie to everyone that you're allowed to be there, and someone is killed by a train, then that is the location scout and liar.

The hit is taken by whoever's fault it is.
 
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RickP said:
Well there are five of us, not two. And what if we do not want to delegate any more responsibility to any one person than the other. Who takes the hit when a legal pitfall pops up? Is it automatically the 'volunteering' director?
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That would depend on the nature of that legal pitfall, but, if there is a lawsuit, the company director will be sued.

You really should speak to a local lawyer about your plans. Seriously.
 
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Aspiring Mogul said:
That would depend on the nature of that legal pitfall, but, if there is a lawsuit, the company director will be sued.
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There is no company though.


Aspiring Mogul said:
You really should speak to a local lawyer about your plans. Seriously.
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No yeah absolutely, I will consult a lawyer before things get rolling. We still have a couple months before we film Just wanted to see what all you other independents had to say about it.
 
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Essentially I just want to make sure I will not be held liable for accidents, I did not cause, just because I am the director. A couple other members in my other thread thought this to be the case but never answered why, but it is something I will eventually run by a lawyer. Thanks everyone.
 
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Okay, so this thread is basically an extension of the last one, both of which are an incredible waste of time.

Zero-budget filmmakers do not work with LLC's or anything like that. Just make the damn film, and don't be an asshole. Don't ever put the film before safety. Safety is ALWAYS priority #1, no matter what.
 
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RickP said:
Essentially I just want to make sure I will not be held liable for accidents, I did not cause, just because I am the director. A couple other members in my other thread thought this to be the case but never answered why, but it is something I will eventually run by a lawyer. Thanks everyone.
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Yes, you have to speak to a lawyer, especially if you're working with an electric set that can cause a fire. But, if you are the Director, you will almost certainly be sued even if someone else caused the fire. The simple answer is to get liability insurance, which is what I said earlier, but you should speak to a lawyer about your overall situation.
 
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Cracker Funk said:
Okay, so this thread is basically an extension of the last one, both of which are an incredible waste of time.
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Almost everything under the legal category on this website is at least a little bit non-nonsensical unless the one responding is a lawyer, but I have some time to waste in the pre-production phase anyway so if its wasting your time, don't post. I like getting a general consensus about the topic.

Cracker Funk said:
Zero-budget filmmakers do not work with LLC's or anything like that. Just make the damn film, and don't be an asshole. Don't ever put the film before safety. Safety is ALWAYS priority #1, no matter what.
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I agree about safety being important. But It is also very important for me to know if being the director makes me liable for everyone on the set, if that is the case I am going to be a lot more careful with who I involve myself with. I would never purposely be an asshole while filming but shit happens and other people can be assholes.
 
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RickP said:
Almost everything under the legal category on this website is at least a little bit non-nonsensical unless the one responding is a lawyer, but I have some time to waste in the pre-production phase anyway so if its wasting your time, don't post.
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So talk to a lawyer then? Or accept that some people are providing responses based on experience, or their own talks with a lawyer.

I like getting a general consensus about the topic.
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You got a general consensus in the other thread - you open yourself up to liability when you organize and direct a project. You just don't seem to want to accept that consensus, and keep trying to build hypothetical scenarios in which you could avoid liability, including scenarios which border on fraud and would likely make things worse for you once they were discovered.

Here's the basic truth - if things go sideways, really sideways, there's a good chance someone will be looking for someone to blame. It doesn't even matter if you were directly responsible - when they start looking, they may well go after you if it's worth their time. Do you have enough assets to make you a target? If not, then you'd likely only be a target in a criminal liability case. But if you have a house, cars, investment/retirement accounts - any significant assets - they may try to sue you. Can you afford to defend yourself in court if there's a lengthy lawsuit? Does it matter if you're eventually ruled not liable if the process itself bankrupts you?

If none of this really applies to you, then just don't worry about it, go out and shoot, and spend your pre-production time on something that will actually contribute to the quality of your film.
 
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