Legitimacy of a Film Company

[adventusfilms]

I use a particular name for all the films which I produce. We're not making money, but at least as a DP, I can shoot and the director can direct and the actors can act, etc. I eventually want my tiny film company to have enough gear and network of talent where I can begin raising the bar on the production value/cost.

My question is, when's the best time to start taking the name seriously (ie. contracts, releases, insurance, legal responsibilities, etc.). Adventus Films basically means "this is a movie that I paid for", but how do I, for example, work out with the director the ownership of a film or the reproduction of a camera ops. reel with footage from our film, etc?

I just want to make sure I am covering myself by preserving the integrity of the movies I put money into. If these were larger-budget productions, I'd seek out the help from a lawyer, but they're not.

Another example is this writer/director friend who wants me to DP our second short together (that he put together) and because the majority of the budget is coming from the camera gear I own, we agree it's going to be another Adventus film. But who owns the rights to this film? It's going under my company's name financially but he put together most of the production.

Any thoughts?

 

[Zak Forsman]

first, establish an actual corporation (s-corp or llc).

now, you seem to realize this already, but are maybe afraid to because you've already set a precedent on previous productions, but you will want to begin negotiating ownership with the people you work with. meaning, your company is producing it, so it is in your best interest to own it outright 100%. you must contractually obtain rights to the screenplay or pitch and "hire" anyone who works on it thereafter. that includes the lead creatives like the director or the writer whose project it is you're producing. if they are not comfortable with this, they have the option of a co-production, as well as the responsibility of co-financing it.