Is going to the film producer really desire a film legal professional or entertainment legal professional as a matter of professional practice? An entertainment lawyer’s own bias and my putting of problem notwithstanding, which might naturally indicate a “yes” answer 100% of the time – the forthright answer is, “it depends”. A number of producers these days are themselves film lawyers, entertainment attorneys, or other types of lawyers, and so, often can care for themselves. But the film manufacturers to worry about, are the ones who take action as if they are entertainment legal representatives – but without a license or entertainment legal professional legal experience to back it up. Filmmaking and motion picture practice comprise an industry wherein these days, sadly, “bluff” and “bluster” sometimes serve as substitutes for actual knowledge and experience. But “bluffed” documents and inadequate production procedures will never escape the trained eye of entertainment legal professionals working for the companies, the distributors, the banking companies, and also the errors-and-omissions (E&O) insurance carriers. For this reason alone, I suppose, the task function of film development counsel and entertainment legal professional is still secure. Portfolio Recovery
I also suppose that there will always be a few lucky filmmakers who, through the complete production process, soar under the proverbial adnger zone without entertainment legal professional complement. They will seemingly avoid pitfalls and liabilities like flying bats are well-known to avoid people’s locks. Using analogy, one of my best friends have not had any medical insurance for years, and he is still in good condition and economically afloat – soon, anyway. Taken in the aggregate, some individuals will always be luckier than others, and some individuals will always be more willing than others to spin the dice.
However it is all too simplistic and people to tell oneself that “I’ll avoid the need for film legal representatives if I simply steer clear of trouble and be careful”. An entertainment legal professional, especially in the world of film (or other) production, can be a real constructive asset to a motion picture manufacturer, as well as the film producer’s personally-selected transmission against potential liabilities. In the event the producer’s entertainment legal professional has been through the film production previously, then that entertainment legal professional has learned many of the harsh lessons regularly dished out by the commercial world and the film business.
The film and entertainment legal professional can therefore spare the producer many of those pitfalls. Just how? By clear thinking, careful planning, and – this is actually the absolute key – skilled, thoughtful and complete documents of film production and related activity. The film legal professional should not be thought of as simply the person seeking to establish compliance. Sure, the entertainment legal professional may sometimes be the one does indeed anyone say “no”. Nevertheless the entertainment legal professional can be a positive pressure in the production as well.
The film legal professional can, during legal rendering, assist the producer as a powerful business consultant, too. If that entertainment legal professional has been involved with scores of film production, then the motion picture producer who hires that film legal professional entertainment legal professional benefits from that all cache of experience. Certainly, it sometimes may be difficult to stretch the film budget to allow for counsel, but professional filmmakers tend to see the legal cost spending to become fixed, predictable, and necessary one – a bit like to the fixed accountability of rent for the production office, or the price tag on film for the cams. While some film and entertainment legal professionals may price themselves out of the price range of the average independent film maker, other entertainment attorneys do not.
Enough generalities. Thus that specific tasks must a producer typically preserve a movie legal professional and entertainment attorney?:
1. MÉLANGE, OR FORMATION OF A GREAT “LLC”: To paraphrase Michael jordan Douglas’s Gordon Gekko persona in the movie “Wall Street” when talking with Bud Fox while on a period of time beach on the large mobile phone, this entity-formation issue usually constitutes the entertainment attorney’s “wake-up call” to the film manufacturer, telling the film maker it is time. If the producer doesn’t properly create, file, and keep a corporate and business or other appropriate enterprise through which to execute business, and if the film producer doesn’t after that remember to keep that entity shielded, says the entertainment lawyer, then a film producer is potentially damaging himself or herself. With out the shield against legal responsibility that an entity can provide, the entertainment legal professional opines, the motion picture producer’s personal assets (such house, car, bank account) are at risk and, in a worst-case circumstance, could finally be gripped to meet the bills and liabilities of the film producer’s business. Quite simply:
Patient: “Doctor, it affects me when I do that”.
Doctor: “So? May do that”.
Like it or not, the film legal professional entertainment legal professional proceeds, “Film is a risky business, and the record majority of motion pictures can fail economically – even at the San Fernando Valley film facilities level. It is reasonless to run a movie business or any other form of business away on the own personal lender account”. Besides, it appears unprofessional, a real matter if the producer wishes to attract talent, brokers, and distributors at any point in the future.