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Risky Business, Financing and Distributing Independent Films
(2nd Edition)

By: Mark Litwak


Risky Business is the comprehensive nuts-and-bolts guide to setting up an independent production project. Starting with the basic organization of the company and the preparation of production, collaboration, and screenplay agreements, it covers in detail everything from raising money via loans, presales, and investors through finding, contracting with, and policing the finished project’s distributors.

Book only                                                                           $ 26.95
Contract templates on CD-R only                                 $ 19.95    
Book + Contract templates on CD-R                            $ 41.95


Risky Business
SUMMARY

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.


CONTRACTS

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)  


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             
Compatibility:
*CD-R (52X Speed; 700 MB disk) is compatible with any operating system that has a functional playback device. Contract Templates on CD-R are editable Microsoft Word documents that are compatible with any operating system that has a functional word processor capable of opening Microsoft Word documents.
Shipping and Sales Tax Information

Shipping & Handling:
Please allow 1-2 weeks for delivery.
All orders are shipped Ground via UPS or FedEx.
For international orders and/or expedited shipping, please call 310-859-9595.
We only ship to street addresses. Sorry, no P.O. boxes.

Sales Tax:
All orders delivered outside the state of California are not subject to Sales tax.
All orders delivered within the state of California shall be subject to the current Sales Tax in your county.

ALL SALES ARE FINAL!

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