starting a prod co. LLC or prop., trademark?

P

Paunch

Well-known member
I'm going to need to register a prod co. soon. Can a sole proprietorship be transferred over to a llc down the road? Whats the preferred for a company selling DVD's over the internet etc?

What about numbered companies, or do I have to register an actual name because it is a production company?

Does a prod. co name have to be trademarked or copyrighted?

thanks, t
 
an LLC is a sole proprietorship.
You can trademark your logo if you like. ya dont have to... same with the copyright.
 
Paunch said:
I'm going to need to register a prod co. soon. Can a sole proprietorship be transferred over to a llc down the road? Whats the preferred for a company selling DVD's over the internet etc?

What about numbered companies, or do I have to register an actual name because it is a production company?

Does a prod. co name have to be trademarked or copyrighted?

thanks, t
Click to expand...

The main difference between an LLC and a sole proprietorship, is an LLC gives you protection of your personal assets in a lawsuit. You still face same personal tax liability with an LLC... this is according to my CPA, as we just had the same discussion a week ago.

You are definitely exposed in a sole proprietorship, and can lose lots of your personal belongings, except for stuff determined personally necessary by your state (for instance, in FL where I live, they can't take your house... that's why OJ moved to Palm beach before his civil suit).

Basically, If you think there's even a hint you might get sued for any kind of copyright, contract or other violations then you need at a MINIMUM an LLC.

Even if you think you don't need it, an LLC is a pretty good idea... especially if you plan to ever achieve any kind of success or build any wealth at all- cause other people WILL try and take it from you.

REMEMBER- get your clearances SIGNED FIRST before you shoot anything.

NEVER put logos from products, billboards or buildings in movies without say so, and it's always a good idea to get permission from private property owners before showing shots of their exterior buildings. State law differs on what make a bldg. public or private (certain height, can it be "covered" in some way etc).

Example: The coca-cola building in Atlanta is a public place. Can you show that? Probably... just don't show any shots of the building with the signature coca-cola logo in the frame, unless you get permission to display their service mark.

Always get a release from ANYONE on camera. NEVER EVER put kids in shots without a signed release from parents (just asking for trouble).

Don't use music in films if it ain't yours or one of your peeps. Even "sampling" can get you in trouble (sampling is a euphemism for stealing other work without being caught). If you need music stuff, search these boards or go John Carpenter/Roberto Rodriguez style and D.I.Y it... Or, if you have ZERO time or musical inclination, PM me- I know and/or represent several professional and award winning film composers.

Yes- a sole proprietorship can be transferred to an LLC with no problems- you just have to make sure to re-file all your fictitious name stuff, change your bank accounts, biz licenses etc. And of course, there's the actual pesky filing of the LLC docs, added yearly costs etc.

If you need both tax and lawsuit protection, check out an S-Corps or C-Corps at legalzoom..com. They'll do anything from an LLC all the way up. And they have flesh eating lawyers that will draft all the paperwork for you at a very low cost.

Hope it helps.

:Drogar-BigGrin(DBG)
 
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