Risky Business: Financing and Distributing Independent Films

Risky Business: Financing and Distributing Independent Films

A companion to Mark Litwak’s popular books on entertainment industry dealmaking and contracts, Risky Business is an authoritative blueprint for successfully producing any independent film or video.

Included among the many topics that the author discusses: partnerships; corporations; limited liability companies; equity investments; attracting investors; evaluating a film’s economic value; co-production; working the film festivals; distribution territories; distribution agreements; distributors’ accounting practices; and much more. In addition to its primary text, it includes a number of essential contracts, sample statements and certificates, checklists, and lists of useful resources.

TABLE OF CONTENTS

1. PREFACE
2. FILMMAKER SELF DEFENSE CHECKLIST
3. Chapter 1: ORGANIZING YOUR COMPANY
• Choice of Business Entity
• Sole Proprietorship
• General Partnership
• Limited Partnership
• Corporation
• Limited Liability Company (LLC)
4. Chapter 2: COLLABORATIONS AND CO-PRODUCTIONS
• International Co-Productions
• Production Incentives
• Contract: Co-Productions Agreement
• Contract: Distributor Sales Agency Agreement
5. Chapter 3: FINANCING INDEPENDENT FILMS
• Loans
• Contract: Promissory Note
• Contract: Promissory Note with Guarantee
• Borrowing Against Pre-sale Agreements
• Investor Financing
• Registration and Exemptions
• 504 Offering
• 505 Offering
• 506 Offering
• Intrastate Offering Exemption
• Accredited Investor Exemption
• California Limited Offering Exemption
• Anti-Fraud Provisions
• Distributor Supplied Financing
• Finders
• Contract: Finder Agreement
• Contract: International Distribution License
6. Chapter 4: ATTRACTING INVESTORS
• Checklist for Film Investors
7. Chapter 5: TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
• How Much is My Film Worth?
• How Distributors Evaluate a Film
• Sources of Revenue
• Increasing Your Leverage
• Film Festivals
• Working the Festival Circuit
• Balancing Risks and Rewards
• The Acquisition/Distribution Agreement
• Investigate the Distributor
8. Chapter Six: THE DISTRIBUTION AGREEMENT
• Principle Terms of a Distribution Agreement
• Territory
• Media
• Term
• Distribution Fee
• Distribution and Marketing Expenses
• Advances and Guarantees
• Consultation Rights
• Warranties and Representations
• Accounting
• Arbitration
• Insurance
• Termination
• Allocation of Package Revenue
• Governing Law
• Territorial Minimums
• Access to Master Materials
• Return of Materials
• Delivery
• Contract: Lab Access Letter
• Contract: International Distribution Agreement (Filmmaker-friendly version)
9. Chapter 7: WHEN A DISTRIBUTOR DEFAULTS
• Selecting a Distributor
• Creative Accounting
• Conducting an Audit
• How Revenue is Divided
• Creative Accounting Pitfalls
• Accounting Terms
• Defensive Tactics
• A Filmmaker’s Bill of Rights
10. Chapter 8: LOOKING FORWARD
11. APPENDIX - DISTRIBUTION
• Delivery Checklist
• Certificate of Origin
• Statement of Prior Distribution
• Statement of Distribution Restrictions and Obligations
• Major Deal Points: Acquisition/Distribution Agreement
• Copyright Security Agreement
12. GLOSSARY OF TERMS
13. CONTRACTS AND FORMS
• Co-Production Agreement
• Promissory Note
• Promissory Note with Guarantee
• IFTA International Schedule of Definitions
• Finder Agreement
• International Distribution License Agreement
• Lab Access Letter
• IFTA Rider to International Distribution Agreement
• International Distribution Agreement(Filmmaker-friendly version)

Price:

$26.95