April 7, 2004
In this newsletter:
MARK'S NEWEST BOOK, "RISKY BUSINESS," ABOUT TO BE PUBLISHED
"Risky Business" is the comprehensive nuts-and-bolts guide to setting up an independent production project. Starting with the basic organization of the company and the preparation of production, collaboration, and screenplay agreements, it covers in detail everything from raising money via loans, presales, and investors through finding, contracting with, and policing the finished project's distributors. We will receive copies from the publisher any day now. The book is not yet in bookstores. To order visit the bookstore on Mark's website: www.marklitwak.com/store.
The complete table of contents is below:
PREFACE FILMMAKER SELF DEFENSE CHECKLIST ORGANIZING YOUR COMPANY Choice of Business Entity Sole Proprietorship General Partnership Limited Partnership Corporation Limited Liability Company (LLC)
COLLABORATIONS AND CO-PRODUCTIONS International Co-Productions Production Incentives FINANCING
INDEPENDENT FILMS Loans Contract: Promissory Note Contract: Promissory Note with Guarantee Borrowing Against Pre-sale Agreements Investor Financing Registration and Exemptions 504 Offering 505 Offering 506 Offering Intrastate Offering Exemption Accredited Investor Exemption California Limited Offering Exemption Anti-Fraud Provisions Distributor Supplied Financing Finders
ATTRACTING INVESTORS Checklist for Film Investors
TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION How Much is My Film Worth? How Distributors Evaluate a Film Sources of Revenue Increasing Your Leverage Film Festivals Working the Festival Circuit Balancing Risks and Rewards The Acquisition/Distribution Agreement Investigate the Distributor
THE DISTRIBUTION AGREEMENT Principle Terms of a Distribution Agreement Territory Media Term Distribution Fee Distribution and Marketing Expenses Advances and Guarantees Consultation Rights Warranties and Representations Accounting Arbitration Insurance Termination Assignment Allocation of Package Revenue Security Interest Governing Law Territorial Minimums Access to Master Materials Return of Materials Delivery
WHEN A DISTRIBUTOR DEFAULTS Selecting a Distributor Creative Accounting Conducting an Audit How Revenue is Divided Creative Accounting Pitfalls Accounting Terms Defensive Tactics A Filmmaker’s Bill of Rights
LOOKING FORWARD APPENDIX - DISTRIBUTION Delivery Checklist Certificate of Origin Statement of Prior Distribution Statement of Distribution Restrictions and Obligations Major Deal Points: Acquisition/Distribution Agreement Copyright Security Agreement
GLOSSARY OF TERMS
The book also includes the following template contracts:
CONTRACTS Co-Production Agreement Distributor Sales Agency Agreement Finder Agreement International Distribution License Agreement Lab Access Letter International Distribution Agreement (Filmmaker-friendly version) International Distribution License Agreement
