Production Company at DVinfo.net

Michael Rulfs · March 26th, 2009, 04:41 AM

Hey this is my first post on here, but have been reading threads for a while. I have a question about starting a production company. What do i need to do to get my production company official so no one else can use the name. Also any other advice would be greatly appreciated.
Thanks,
Mike

Don Bloom · March 26th, 2009, 05:30 AM

get 2 very important things.

1) A LAWYER

and

2) An ACCOUNTANT

These are the people you need to set up any business the correct and legal way so as not to end up owing the IRS lots and lots of money AND to insure that no other company has the name of your company

Stephen Boss · March 26th, 2009, 02:07 PM

All you have to do is file the necessary paperwork to form the company with the state and that will prevent anyone else from forming a company with that same name in your state. If you want more than that then you'd have to look into obtaining a trademark.

Lori Starfelt · March 26th, 2009, 03:37 PM

I can't speak for all towns, but in Los Angeles, the license for video prodution is much, much cheaper than the one for motion picture production. File a DBA and get your checking account. At that point, you're the sole proprietor of a privately-owned business.

Chris Davis · March 26th, 2009, 06:09 PM

In my opinion, it's probably a bit premature to get an attorney and an accountant. Most likely your state has a very helpful small business development center. Get on Google and search for it. Mine has been invaluable in making sure I had everything I needed, including in-person counseling, helping me write a business plan, making a budget, tracking my progress and more - all free. After you've exhausted the free resources available to you, then you can start paying for them.

To address your specific question about your company name: your state's rules may be different, but here in Minnesota it involves filing for a certificate of assumed name with the secretary of state. Again, your state's small business development center can help you with that. You could take that further and register a trade and service mark, but if your company name is "Michael Rulfs Productions", that would probably be unnecessary.

Gordon P. Firemark · March 26th, 2009, 06:33 PM

What you need, in order to protect your business name is a TRADEMARK REGISTRATON.

Filing a dba or corporation will NOT protect you against someone in another city, county or state from adopting the same name for his own business.

I disagree with the view that filing a dba and opening a bank account is sufficient. You SHOULD consult with a lawyer and accountant (just to get the lay of the land)... before deciding on what type of business entity you need. Liability is a major concern in our lawsuit-happy society, so you'll want to protect your personal assets from business-related liabilities.

This CAN be a do-it-yourself project, but the time it will take you to learn how, is better spent building and marketing your new business. A modest investment will pay off nicely.

Most lawyers and accountants will give you a free- or low-cost consultation in hopes you'll hire 'em to help you .

--------------------------------------------------------------------------
Law Offices of Gordon P. Firemark
Theatre and Entertainment Law
10940 Wilshire Blvd., 16th Floor
Los Angeles, CA 90024

Telephone: (310)443-4185
Fax: (310) 477-7676

Email: gfiremark@firemark.com
Web: Law Offices of Gordon P. Firemark - Entertainment Lawyers
Theatre and Entertainment Law
--------------------------------------------------------------------------

Shaun Roemich · March 26th, 2009, 09:09 PM

Personal story: when I started my company, I went to the Companies Office in my city, searched my company name, search came back saying that I could use it, registered it, got confirmation and opened a bank account.

After a period of time, I registered for provincial sales tax and federal Goods and Services Tax (I live in Canada) and started to collect both. Well, actually, I ended up decreasing my total rates by the amount of the taxes and then added taxes as my clients (after 2 years of paying my existing rates) refused to pay more at that time for my services. Now HERE is the niggle: turns out that in my jurisdiction, my business model is considered ZERO RATED for provincial sales tax. I had collected 7% (sort of - see above) and remitted for a period of several years, coming out of my pocket (again - see above) only to find out when I got my media business savvy accountant that I hadn't needed to collect provincial sales tax. And since taxes collected under the guise of collecting tax, whether required or not, become the "property" of the agency that would normally collect those taxes, I was out that potential revenue. This was based on the front line staff at the government agency giving me very bad advice.

The long and the short of it is: a GOOD accountant will save you his/her fees in taxes payable and/or missed writeoff opportunities. In my SPECIFIC case, my accountant advised me against incorporating as the limiting of liability given my specific situation was essentially null and void. AGAIN: THIS IS MY SPECIFIC SITUATION - do not take this as advice NOT to incorporate. Talk to a lawyer and accountant and get the "straight goods".

Don Bloom · March 26th, 2009, 09:26 PM

this is only my opinion after being in my own business for a total of almost 38 years.

If you talk to a lawyer and accountant you will find out EXACTLY what you need to do based on the business model YOU have for YOUR business in YOUR area. This includes TM your company name if needed, finding out about sales tax issues, business license issues and anything else you might need to do to run a LEGAL business.
It is my opinion only, that if you do anything less than that you could be putting both your business and personal finaces in jeapordy.
It will cost very little to meet with an attorney and account to explore what you need to do but it will cost you less that tax penalties and interest or judgements placed against your business or you personally if you unknowingly break some rules and remember, ignorance of the laws or rules is not a defense.
Your business, your choice.

Chris Davis · March 27th, 2009, 09:32 AM

Quote:

Originally Posted by Don Bloom

this is only my opinion after being in my own business for a total of almost 38 years.

If you talk to a lawyer and accountant you will find out EXACTLY what you need to do based on the business model YOU have for YOUR business in YOUR area.

Only if you select a lawyer and accountant that knows YOUR business. Not every lawyer and accountant knows every business. Starting with an office established by your state government to help you navigate through your state's maze of regulations and requirements will give you the knowledge you need to find a lawyer and accountant to fit YOUR needs will work much better than simply picking a lawyer out of the yellow pages. ...and it's free. ...and you'll probably get better information than you will from an internet forum. :)

That's my opinion after being in my own business for only 28 years.

Don Bloom · March 27th, 2009, 11:02 AM

Hey Chris,
Thank you for pointing that out. I meant to but forgot. That's what happens in those extra 10 years. ;-)

J.J. Kim · March 27th, 2009, 08:20 PM

When I opened up my company last year, I googled it nationwide, actually worldwide...
Our production name is Orange Video Production, and there was nobody in the world with that name.. maybe the closest one would be Orange County Video Production.
Later, I learned from one of the bride that her photographer was "Orange2 (squared)" photography... They are close, but thank God it wasn't same!
So make sure you search on photographers, too, so you don't look like you are part of them.
BTW, when I googled it, they didn't appear on at least first 7 pages...

JJ

Joey Gowdy · March 27th, 2009, 11:34 PM

Quote:

Originally Posted by Michael Rulfs

Hey this is my first post on here, but have been reading threads for a while. I have a question about starting a production company. What do i need to do to get my production company official so no one else can use the name. Also any other advice would be greatly appreciated.

I used The Company Corporation to officially form Gowdy Manor Productions, LLC. :

Llc, Limited Liability Company, Limited Liability Corporation, Form An Llc, Forming Llc | Incorporate.com

Chris Davis · March 28th, 2009, 12:07 AM

Quote:

Originally Posted by J.J. Kim

When I opened up my company last year, I googled it nationwide, actually worldwide...
Our production name is Orange Video Production, and there was nobody in the world with that name..

Orange Video Production, Los Angeles, CA:
TalentPIMP - Pipeline Into Motion Pictures

La Orange Video Production, Rome, Italy:
LA ORANGE VIDEO PRODUCTION ITALY CERCA ATTORI-ATTRICI Roma Italia

There's an Orange Video Production in Germany that produces skateboard videos.

There's a Monster Orange Video Productions in Aberdeen, Scotland.

:)

J.J. Kim · March 30th, 2009, 02:22 PM

Quote:

Originally Posted by Chris Davis

Orange Video Production, Los Angeles, CA:
TalentPIMP - Pipeline Into Motion Pictures

La Orange Video Production, Rome, Italy:
LA ORANGE VIDEO PRODUCTION ITALY CERCA ATTORI-ATTRICI Roma Italia

There's an Orange Video Production in Germany that produces skateboard videos.

There's a Monster Orange Video Productions in Aberdeen, Scotland.

:)

For some reason, none of them shows up on google even now...
How did you discover them? Just curious, Chris.
Good thing none of them is located near my area...

Chris Davis · March 30th, 2009, 02:38 PM

I just searched for your business name in quotes so Google returned only exact matches.

I wouldn't be so concerned about your name being used elsewhere, especially since it's an arbitrary name. That means it's a real word that can be used to describe a location, a color, a fruit or even someone's name.

If you want to better your chances of having a unique name then you need to create your own word, like Xerox, Exxon, Verizon and Kodak did.

March 26th, 2009, 04:41 AM	#1
Michael Rulfs Tourist Join Date: Jan 2009 Location: United States Posts: 1	Production Company Hey this is my first post on here, but have been reading threads for a while. I have a question about starting a production company. What do i need to do to get my production company official so no one else can use the name. Also any other advice would be greatly appreciated. Thanks, Mike

March 26th, 2009, 05:30 AM	#2
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	get 2 very important things. 1) A LAWYER and 2) An ACCOUNTANT These are the people you need to set up any business the correct and legal way so as not to end up owing the IRS lots and lots of money AND to insure that no other company has the name of your company __________________ What do I know? I'm just a video-O-grafer. Don

March 26th, 2009, 03:37 PM	#4
Lori Starfelt Major Player Join Date: Jul 2006 Location: Los Angeles, california Posts: 228	Start by getting a business license with your city. I can't speak for all towns, but in Los Angeles, the license for video prodution is much, much cheaper than the one for motion picture production. File a DBA and get your checking account. At that point, you're the sole proprietor of a privately-owned business.

March 26th, 2009, 09:09 PM	#7
Shaun Roemich Inner Circle Join Date: Sep 2002 Location: Vancouver, British Columbia (formerly Winnipeg, Manitoba) Canada Posts: 4,088	Personal story: when I started my company, I went to the Companies Office in my city, searched my company name, search came back saying that I could use it, registered it, got confirmation and opened a bank account. After a period of time, I registered for provincial sales tax and federal Goods and Services Tax (I live in Canada) and started to collect both. Well, actually, I ended up decreasing my total rates by the amount of the taxes and then added taxes as my clients (after 2 years of paying my existing rates) refused to pay more at that time for my services. Now HERE is the niggle: turns out that in my jurisdiction, my business model is considered ZERO RATED for provincial sales tax. I had collected 7% (sort of - see above) and remitted for a period of several years, coming out of my pocket (again - see above) only to find out when I got my media business savvy accountant that I hadn't needed to collect provincial sales tax. And since taxes collected under the guise of collecting tax, whether required or not, become the "property" of the agency that would normally collect those taxes, I was out that potential revenue. This was based on the front line staff at the government agency giving me very bad advice. The long and the short of it is: a GOOD accountant will save you his/her fees in taxes payable and/or missed writeoff opportunities. In my SPECIFIC case, my accountant advised me against incorporating as the limiting of liability given my specific situation was essentially null and void. AGAIN: THIS IS MY SPECIFIC SITUATION - do not take this as advice NOT to incorporate. Talk to a lawyer and accountant and get the "straight goods". __________________ Shaun C. Roemich Road Dog Media - Vancouver, BC - Videographer - Webcaster www.roaddogmedia.ca Blog: http://roaddogmedia.wordpress.com/

March 26th, 2009, 09:26 PM	#8
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	this is only my opinion after being in my own business for a total of almost 38 years. If you talk to a lawyer and accountant you will find out EXACTLY what you need to do based on the business model YOU have for YOUR business in YOUR area. This includes TM your company name if needed, finding out about sales tax issues, business license issues and anything else you might need to do to run a LEGAL business. It is my opinion only, that if you do anything less than that you could be putting both your business and personal finaces in jeapordy. It will cost very little to meet with an attorney and account to explore what you need to do but it will cost you less that tax penalties and interest or judgements placed against your business or you personally if you unknowingly break some rules and remember, ignorance of the laws or rules is not a defense. Your business, your choice. __________________ What do I know? I'm just a video-O-grafer. Don

March 26th, 2009, 02:07 PM	#3
Stephen Boss Regular Crew Join Date: Aug 2007 Location: Miami, FL Posts: 52	All you have to do is file the necessary paperwork to form the company with the state and that will prevent anyone else from forming a company with that same name in your state. If you want more than that then you'd have to look into obtaining a trademark.

March 26th, 2009, 06:09 PM	#5
Chris Davis Trustee Join Date: Jul 2005 Location: Willmar, MN Posts: 1,400	In my opinion, it's probably a bit premature to get an attorney and an accountant. Most likely your state has a very helpful small business development center. Get on Google and search for it. Mine has been invaluable in making sure I had everything I needed, including in-person counseling, helping me write a business plan, making a budget, tracking my progress and more - all free. After you've exhausted the free resources available to you, then you can start paying for them. To address your specific question about your company name: your state's rules may be different, but here in Minnesota it involves filing for a certificate of assumed name with the secretary of state. Again, your state's small business development center can help you with that. You could take that further and register a trade and service mark, but if your company name is "Michael Rulfs Productions", that would probably be unnecessary.

March 26th, 2009, 06:33 PM	#6
Gordon P. Firemark New Boot Join Date: Feb 2009 Location: Los Angeles, CA 90024 Posts: 12	What you need, in order to protect your business name is a TRADEMARK REGISTRATON. Filing a dba or corporation will NOT protect you against someone in another city, county or state from adopting the same name for his own business. I disagree with the view that filing a dba and opening a bank account is sufficient. You SHOULD consult with a lawyer and accountant (just to get the lay of the land)... before deciding on what type of business entity you need. Liability is a major concern in our lawsuit-happy society, so you'll want to protect your personal assets from business-related liabilities. This CAN be a do-it-yourself project, but the time it will take you to learn how, is better spent building and marketing your new business. A modest investment will pay off nicely. Most lawyers and accountants will give you a free- or low-cost consultation in hopes you'll hire 'em to help you . -------------------------------------------------------------------------- Law Offices of Gordon P. Firemark Theatre and Entertainment Law 10940 Wilshire Blvd., 16th Floor Los Angeles, CA 90024 Telephone: (310)443-4185 Fax: (310) 477-7676 Email: gfiremark@firemark.com Web: Law Offices of Gordon P. Firemark - Entertainment Lawyers Theatre and Entertainment Law --------------------------------------------------------------------------

March 27th, 2009, 11:02 AM	#10
Don Bloom Inner Circle Join Date: Jan 2003 Location: Chicago, IL Posts: 6,609	Hey Chris, Thank you for pointing that out. I meant to but forgot. That's what happens in those extra 10 years. ;-) __________________ What do I know? I'm just a video-O-grafer. Don

March 27th, 2009, 08:20 PM	#11
J.J. Kim Major Player Join Date: Nov 2007 Location: Wheeling, IL Posts: 270	When I opened up my company last year, I googled it nationwide, actually worldwide... Our production name is Orange Video Production, and there was nobody in the world with that name.. maybe the closest one would be Orange County Video Production. Later, I learned from one of the bride that her photographer was "Orange2 (squared)" photography... They are close, but thank God it wasn't same! So make sure you search on photographers, too, so you don't look like you are part of them. BTW, when I googled it, they didn't appear on at least first 7 pages... JJ

March 30th, 2009, 02:38 PM	#15
Chris Davis Trustee Join Date: Jul 2005 Location: Willmar, MN Posts: 1,400	I just searched for your business name in quotes so Google returned only exact matches. I wouldn't be so concerned about your name being used elsewhere, especially since it's an arbitrary name. That means it's a real word that can be used to describe a location, a color, a fruit or even someone's name. If you want to better your chances of having a unique name then you need to create your own word, like Xerox, Exxon, Verizon and Kodak did.