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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
PREFACE
FILMMAKER
SELF DEFENSE CHECKLIST
1.
ORGANIZING YOUR COMPANY
Choice
of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Limited Liability Company (LLC)
2.
COLLABORATIONS AND CO-PRODUCTIONS
International
Co-Productions
Production Incentives
Contract:
Co-Productions Agreement
Contract:
Distributor Sales Agency Agreement
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
4.
ATTRACTING INVESTORS
Checklist
for Film Investors
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
he Acquisition/Distribution Agreement
Investigate the Distributor
6.
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)
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
8.
LOOKING FORWARD
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
GLOSSARY
OF TERMS
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