The importance To have an Amusement Lawyer Within Movie Manufacturing
Does the film producer really need a film lawyer or entertainment attorney as a matter of professional practice? An entertainment lawyer’s own bias and my stacking of the question notwithstanding, which could naturally indicate a “yes” answer 100% of times – the forthright answer is, “it depends” ;.Numerous producers today are themselves film lawyers, entertainment attorneys, and other kinds of lawyers, and so, often can look after themselves. But the film producers to be worried about, are those who become if they’re entertainment lawyers – but with no license or entertainment attorney legal experience to back it up. Filmmaking and motion picture practice comprise an industry wherein today, unfortunately, “bluff” and “bluster” lawyer sometimes serve as substitutes for actual knowledge and experience. But “bluffed” documents and inadequate production procedures won’t ever escape the trained eye of entertainment attorneys employed by the studios, the distributors, the banks, or the errors-and-omissions (E&O) insurance carriers. For this reason alone, Perhaps, the task function of film production counsel and entertainment lawyer continues to be secure.
I also guess that there will be a couple of lucky filmmakers who, throughout the entire production process, fly underneath the proverbial radar without entertainment attorney accompaniment. They’ll seemingly avoid pitfalls and liabilities like flying bats are reputed to prevent people’s hair. By way of analogy, one of my best friends hasn’t had any health insurance for years, and he’s still who is fit and economically afloat – this week, anyway. Taken in the aggregate, many people will be luckier than others, and many people will be more inclined than others to roll the dice.
But it’s all too simplistic and pedestrian to inform oneself that “I’ll avoid the need for film lawyers if I simply stay out of trouble and be careful” ;.An entertainment lawyer, especially in the realm of film (or other) production, can be quite a real constructive asset to a motion picture producer, along with the film producer’s personally-selected inoculation against potential liabilities. If the producer’s entertainment attorney has experienced the procedure of film production previously, then that entertainment lawyer has recently learned many of the harsh lessons regularly dished out by the commercial world and the film business.
The film and entertainment lawyer can therefore spare the producer a lot of pitfalls. How? By clear thinking, careful planning, and – this is the absolute key – skilled, thoughtful and complete documentation of all film production and related activity. The film lawyer shouldn’t be considered as simply the person seeking to determine compliance. Sure, the entertainment lawyer may sometimes be the one who says “no” ;.But the entertainment attorney can be quite a positive force in the production as well.
The film lawyer can, in the course of legal representation, assist the producer as a fruitful business consultant, too. If that entertainment lawyer has been a part of scores of film productions, then a motion picture producer who hires that film lawyer entertainment attorney benefits from that very cache of experience. Yes, it sometimes may be difficult to stretch the film budget to allow for counsel, but professional filmmakers tend to see the legal cost expenditure to become a fixed, predictable, and necessary one – akin to the fixed obligation of rent for the production office, or the cost of film for the cameras. Though some film and entertainment lawyers may price themselves out from the price range of the typical independent film producer, other entertainment attorneys do not.
Want it or not, the film lawyer entertainment attorney continues, “Film is really a speculative business, and the statistical majority of motion pictures can fail economically – even at the San Fernando Valley film studio level. It’s irrational to operate a movie business or any other form of business out of one’s own personal bank account” ;.Besides, it seems unprofessional, an actual concern if the producer desires to attract talent, bankers, and distributors at any point in the future.
The choices of where and just how to file an entity tend to be prompted by entertainment lawyers but driven by situation-specific variables, including tax concerns associated with the film or motion picture company sometimes. The film producer should let an activity attorney take action and take action correctly. Entity-creation is affordable. Good lawyers don’t look at incorporating a client as a profit-center anyway, because of the obvious potential for new business an entity-creation brings. While the film producer should remember that under U.S. law a client can fire his/her lawyer anytime at all, many entertainment lawyers who do the entity-creation work get asked to complete further benefit that same client – especially if the entertainment attorney bills the initial job reasonably.
I wouldn’t recommend self-incorporation by a non-lawyer – anymore than I would tell a movie producer-client what actors to hire in a motion picture – or anymore than I would tell a D.P.-client what lens to utilize on a specific film shot. As is likely to be true on a movie production set, everybody has their own job to do. And I genuinely believe that as soon as the producer lets a qualified entertainment lawyer do his / her job, things will begin to gel for the film production in methods couldn’t even be originally foreseen by the motion picture producer.
2. SOLICITING INVESTMENT: This issue also often takes its wake-up call of sorts. Let’s claim that the film producer wants to make a motion picture with other people’s money. (No, not a unique scenario). The film producer will likely start soliciting funds for the movie from so-called “passive” investors in numerous possible ways, and may actually start collecting some monies as a result. Sometimes this occurs prior to the entertainment lawyer hearing about any of it post facto from his / her client.
If the film producer is not really a lawyer, then a producer should not consider “trying this at home” ;.Want it or not, the entertainment lawyer opines, the film producer will thereby be selling securities to people. If the producer promises investors some pie-in-the-sky results in the context of this inherently speculative business called film, and then collects money on the basis of the representation, believe me, the film producer could have even more grave problems than conscience to deal with. Securities compliance work is among the most difficult of matters faced by an activity attorney