Been approached by Producers/investors NEED ADVICE
Hey everyone,
I don't post much (usually too busy) but I need some help and have no idea what to do. My documentary is finished filming and has enjoyed some popularity in the media already. This has grabbed the attention of some people who have approached me about me possibly taking on some investors and producers to see it through to the end of editing and on to the film festival circuit. Today one in particular suggested bringing in an editor for me to 'oversee' in the editing process to have it ready for a potential Sundance deadline. Now, its important to know this is my first film. I've never had any access to an entertainment lawyer, but am in the process of soliciting the services of one. My concerns are obvious. Is this 'normal'? Im concerned about losing control of the final product and am not sure of what to ask for so that all concerned are satisfied properly. I'd really appreciate input from anyone who has had this happen to them. Thanks in advance everyone. Jay www.HeartOfAnEmpire.com |
Anytime you bring on an investor you then have someone to answer to. If this project really appeals to you and you think that you can do it without any investor money, then I think that you should ask them if they want to invest in you NEXT film. To be honest it sounds like you've got one of the harder parts done in aquiring the footage, it would probably be better if you hold off on getting other people involved.
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Written contracts are wonderful things, if well drafted, because they remove uncertainty with respect to the nature of the relationship and respective rights of the parties. Unless you absolute can't afford it (you've sold your car, pawned your cameras, and you're eating three-day-old bread), I'd strongly urge you to consult a competent entertainment lawyer.
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Paul,
Is it reasonable that an entertainment lawyer might give Jay a pro bono initial consultation, if money is an issue for him? If so, what is good way for him to go about obtaining this help? In Oregon, we can call the Bar Association with our issue and they have a list of lawyers who won't charge more than $30 for the initial consultation. Does the California Bar Association have a similar program? |
Brandt,
A quick google under "California Lawyers for the arts" returned http://www.calawyersforthearts.org/referral.html When we lived in Houston, my wife used to work with the Texas Accountants and Lawyers for the Arts. She did copyright and trademark work pro-bono for a number of artists. Many states and cities have similar organizations. Visitors to this thread looking for an attorney, should try googling their state or city name with "lawyers" and "Arts" in it. |
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Most firms have rather exacting criteria for taking matters on a pro bono basis. For example, our firm has a pro bono committee which must approve the representation. However, most lawyers give a free initial consultation. Quote:
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My dumb question of the week...
Paul, what is the difference beween pro bono and free? |
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http://www.thefreedictionary.com/pro%20bono -gb- |
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Free is advice given, but not backed by the full resources of the firm. Basically you get what you are paying for, like a free consultation only. Paul will straighten us out here. Mike |
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"Free" is just that -- we simply don't charge, and write our time off as "marketing." I do freebies all the time, e.g. I don't charge for initial consultations, I don't charge my existing clients for short status phone calls or inquiries, I don't charge the clients of my partners for quick consultations, I try to visit all my clients at least once a year and, while there, I provide all sorts of counsel at no charge (as well as lunch or dinner on the firm), etc. All of that is, I think, just good marketing (my firm thinks so, too). Society doesn't benefit, but I do -- if I pick up a new client, keep my existing clients happy, or get associated in to cases by my partners, that ensures my and my firm's income stream. :) Most lawyers do things for free as marketing, and also do pro bono work as well. To qualify for the latter, generally, there has to be some perceived societal benefit, even if it's rather amorphous, e.g. "ensuring that the poor have access to the legal system," or, "promoting the arts." |
Thanks Paul!
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