Contents

1. How to Use This Book
  1.1 The Third Edition
1.2 Hollywood Studio Pictures
1.3 Independent Pictures
1.4 Micro-Budget Pictures
1.5 Documentaries and Reality
1.6 Made For Television

2. Deal Making
2.1 Hollywood Deal Making
2.2 Independent Film Deal Making
2.3 Contracts
2.4 Material Terms
2.5 Oral Contracts
2.6 Offer, Counteroffer, and Acceptance
2.7 Forms of Paperwork
2.8 Reliance Letters
2.9 Short-Form Agreements
2.10 Deal Memos
2.11 Certificates
2.12 Letters of Intent
2.13 Formal Agreements
2.14 Standard Terms
2.15 Letter Agreements
2.16 One-Sided Agreements
2.17 Precedent

3. The Development Process
  3.1 Public Domain
3.2 Copyright Reports
3.4 Obtaining Rights
3.5 Fact-Based Stories
3.6 Satire and Parody
3.7 Optioning Rights
3.8 Writer Deals
3.9 Copyright Registration and Recordation
3.10 Titles

4. Getting The Star Elements
  4.1 The Pay-or-Play Offer Strategy
4.2 The Empty Handed Approach
4.3 Independent Divisions of Major Agencies
4.4 Personal Managers
4.5 Entertainment Lawyers
4.6 Casting Directors
4.7 Experienced Producers
4.8 Directors
4.9 Actor Production Companies
4.11 Film Festivals, Film Workshops, Seminars and Grants

5. Private Money and Soft Money Pitfalls
  5.1 Private Funding
5.2 Family and Friends
5.3 Avoiding Equity Financing Pitfalls: "Show Me the Money"
5.4 Soft Money
5.5 Grants
5.6 Production Assistance and Tax Incentives
5.7 U.S. Federal Tax Incentives
5.8 Tax Shelters
5.9 Co-Production
5.10 Key Film-Production Incentives
5.11 Cash Rebates
5.12 How Tax Credits Work
5.13 Key USA State Incentives
5.14 Key International Incentives
5.15 Other Financing Sources
5.16 Financing Sources
5.17 Talent Fee Deferrals
5.18 Producer Fee Deferrals
5.19 Soundtrack Album
5.20 Music Publishing
5.21 Product Placement
5.22 Conclusion

6. Presales
  6.1 The Producer's Representative ("Producers Rep")
6.2 International Sales Agents
6.3 International Sales Agents Deals
6.4 Producer Fees
6.5 Expenses
6.6 Territory
6.7 Sales Commissions
6.8 Media
6.9 Derivative Productions
6.10 Term
6.11 Guild Residuals
6.12 Approval of Sales
6.13 Form of Contracts
6.14 Accountings
6.15 Credit
6.16 Delivery
6.17 Escrow Collection Accounts
6.18 Cutting Rights
6.19 Marketing, Publicity, and Advertising
6.20 Selling Spec Movies Before Completion to Domestic Distributors

7. Production Loans
  7.1 Entertainment Bankers
7.2 Production Loans
7.3 Key Terms in Production Loan Agreements
7.4 Interest Rate
7.5 Commitment Fees (Points)
7.6 Opinion Letters
7.7 Security Interests
7.8 Loan Repayment
7.9 Documentation

8. Setting Up the Production
8.1 The Form of Production Company
8.2 Sole Proprietorship
8.3 Partnerships
8.4 General Partnerships
8.5 Joint Venture
8.6 Limited Partnership
8.7 Corporations
8.8 Limited Liability Companies
8.9 Business Accounting
8.10 Independent Contractors or Employees
8.11 Loanout Corporations
8.12 Production Accounting
8.13 Insurance
8.14 Script Clearance
8.15 Firemans Fund Clearance Procedures
8.16 Production Checklist

9. Hiring Writers
  9.1 Certificates of Engagement

10. Hiring Directors
  10.1 Directors Guild of America
10.2 Key Deal Terms in Director Deals
10.3 Conditions Precedent
10.4 Directors Services
10.5 The Pay-or-Play and the Pay-and-Play Issue
10.6 Directors Compensation
10.7 Deferred Compensation
10.8 Director Credit
10.9 Credits on Non-DGA Films
10.10 Approvals, Controls, Final Cut
10.11 Suspension and Termination
10.12 Effect of Suspension
10.13 Effect of Termination
10.14 Director�s and Producer�s Remedies
10.15 Remakes, Sequels, Prequels and Television Productions
10.16 Works Made For Hire; Waiver of Moral Rights
10.17 Transportation and Expenses
10.18 Publicity Services and Publicity Controls
10.19 Insurance Coverage
10.20 Videocassette, Laserdisc, and 35mm Print
10.21 No Quote Deal/Confidentiality

11. Hiring Actors
  11.1 Actors
11.2 The Screen Actors Guild
11.3 The Star Deal
11.4 Deal Terms
11.5 Role
11.6 Compensation
11.7 Start Date
11.8 The Work Period
11.9 Credits
11.10 Perquisites
11.11 Dressing Facility
11.12 Still Approvals
11.13 Likeness Approval
11.14 Merchandising/Soundtrack Album
11.15 Commercial Tie-Ins and Endorsements
11.16 Doubles, Dubbing, Outtakes & Nudity
11.17 Premieres and Previews
11.18 Videocasette, Videodisc/DVD, 35mm Print
11.19 Insurance Matters
11.20 Tax Matters
11.21 Favored Nations

12. Hiring Producers and Other Production Personnel
  12.1 Producers
12.2 Other Production Personnel
12.3 Casting Directors

13. Releases and Miscellaneous Production Matters
  13.1 Film Permits
13.2 Location Agreements
13.3 Releases
13.4 Personal Releases
13.5 Crowds and Background Extras
13.6 Prop Releases
13.7 Using Clips
13.8 Working With Animals

14. Music in Film
  14.1 Licensed Music
14.2 Composers
14.3 Music Income
14.4 Other Composer Issues
14.5 Theme Music
14.6 Music Supervisors
14.7 Soundtrack Albums

15. Selling Your Completed Independent Picture
15.1 Film Festivals
15.2 Industry Screenings: For Connoisseurs Only
15.3 Distributor Screenings: Assembling the Troops
15.4 Selective Private Screenings; What Distributors Do Alone in the Dark
15.5 Recruited Audience Screenings: Do Your Research
15.6 Sending Videotapes to Distributors and Sales Agents
15.7 Publicity and Marketing; From Teaser to Pleaser
15.8 Making the Deal: Read the Fine Print
15.9 Administering the Deal: The Best Execution You’ll Ever Afford

16. Distribution, Sales Agency, and Licensing Agreements
16.1 Key Terms in Domestic Distribution Agreements
16.2 Picture Specifications
16.3 Presentation, Company Credits
16.4 Advance
16.5 Bonuses
16.6 Rights Granted
16.7 Reserved Rights
16.8 Security Interest
16.9 Term
16.10 Territory
16.11 Prints and Advertising
16.12 Delivery
16.13 Assumption of Producers Obligations
16.14 Gross Participation
16.15 Participation After Deduction of Distribution Fees
16.16 Distribution Expenses
16.17 Sums Payable to Producer
16.18 Access to Materials
16.19 Collection Account
16.20 Consultation / Approval Rights
16.21 Cutting Rights
16.22 Premieres / Festivals
16.23 Accounting
16.24 Additional Terms
16.25 International Territorial Licensing Agreements
16.26 Delivery
16.27 Essentials
16.28 Delivery Schedule Issues
16.29 Made for Television

17. Digital Promotion, Marketing, and Distribution
  17.1 The Long Tail
17.2 The Official Website
17.3 Blogs
17.4 Social Networking
17.5 Viral Marketing
17.6 Movie Websites
17.7 Search Engines
17.8 Building Awareness Before Your Project Is Produced
17.9 Grassroots Marketing
17.10 Selling and Distributing Your DVD Online
17.11 Digital Distribution
17.12 Developing the Plan and Goals

18. Key Issues in Online Distribution
  18.1 The Threshold Issue
18.2 The Grant of Rights
18.3 Exclusivity
18.4 Territory
18.5 Licensing Period
18.6 Advertising and Promotion
18.7 License Fee/Payment Terms/Audit
18.8 Cross-Links
18.9 Delivery of Materials
18.10 Piracy/Unauthorized Playback & Duplication
18.11 Protection of Intellectual Property
18.12 Residuals & Contingent Payments
18.13 Breach/Injunction
18.14 Representations, Warranties and Indemnities
18.15 No Sale Guarantees
18.16 Conclusion

19. Profits
  19.1 Profit Definitions
19.2 Revenue
19.3 Costs
19.4 Distribution Fees
19.5 Financing Costs
19.6 Production Costs
19.7 Third-Party Profits
19.8 Typical Splits of Profits
19.9 Profits on Independent Pictures

20. The Last Scene and Closing Credits