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

ORGANIZING YOUR COMPANY

  Choice of Business Entity
    Sole Proprietorship
    General Partnership
    Limited Partnership
    Corporation
    Limited Liability Company (LLC)

COLLABORATIONS AND CO-PRODUCTIONS

  International Co-Productions
  Production Incentives

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

ATTRACTING INVESTORS 

  Checklist for Film Investors

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

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
    Assignment
    Allocation of Package Revenue
    Security Interest
    Governing Law
    Territorial Minimums
    Access to Master Materials
    Return of Materials
    Delivery

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

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

The book also includes the following template contracts:

CONTRACTS

  Co-Production Agreement
  Distributor Sales Agency Agreement
  Finder Agreement
  International Distribution License Agreement
  Lab Access Letter
  International Distribution Agreement (Filmmaker-friendly version)
  International Distribution License Agreement