How A Production Attorney Can Help You

What a production attorney does can vary from production to production, and depends on what you need.

Getting Started

If you’re an independent producer or production company, often the first step is to set up a business entity to hold the rights (and money) for the project. An attorney knowledgeable about the various types of business entities and the realities of the motion picture industry can advise you on the advantages—and disadvantages—of partnerships, corporations, LLCs, and other forms, and whether you should set up a new company or use one you already have.

The Development Phase

The first thing you need to make a movie is an idea. Unless you’re making a documentary, either you option (or purchase) a screenplay, write it yourself, or hire a writer to flesh out the idea. Your attorney should do the agreement. Often, an experienced attorney can negotiate a better deal than you could obtain on your own.

If your script is based on real people or actual events, or depends upon the use of famous trademarks, or has unusual production requirements, you should also have your attorney review the script for legal issues. If you’re making a documentary, it’s a good idea at this stage to talk to your attorney about what rights you need and how to obtain them.

If you are using outside financing for the project, your attorney might review loan or investment documents. In addition, a good production attorney will often know sources of financing or distribution that can greatly simplify your fundraising efforts.

The Production Phase

Once your project is ready to “go”, you will hire the director. Even if the writer will also direct, you need to have separate agreements. A good production attorney can be very helpful in negotiating and drafting the deal. And, you need actors for your movie (even for an animated film). Things will go much more smoothly if you have an attorney make the offers, negotiate with talent representatives, and prepare the agreements.

Before shooting begins, you will need to create agreements with key crewmembers, as well as for special effects, locations, equipment or prop rentals, releases for on-screen art or music, and similar documents. Many times, the people you are dealing with will use their own “standard” form agreements, but your attorney should review them before you sign.

Your production manager will help with scheduling, budgeting, and other preparations that go into getting ready to shoot your movie, but an experienced production attorney can also provide invaluable advice at this stage.

The Post-Production Phase

Post-Production is not, strictly speaking, part of “production.” There are, however, additional things your production counsel can help you with, including...

Hiring a composer
Obtaining clearances for stock footage and artwork
Obtaining music licenses
Reviewing the rough cut for legal issues
Obtaining Errors and Omissions Insurance

Distribution And Delivery

Distribution and delivery is outside the scope of production counsel work, because it typically takes place months, or even years, after the production is finished. Many attorneys who counsel productions, however, also handle the distribution deals and delivery items.

You should have an attorney review, and negotiate, any distribution agreements. Ideally, your legal delivery items will already be in place (if you’ve used your attorney wisely and kept good records), but sometimes there are missing items that you will need a lawyer to prepare.

As anyone who has been through it can tell you, delivery can be the most stressful part of this whole process. Too often, filmmakers overlook or don’t fully understand the delivery requirements in their distribution agreements, or they may underestimate how expensive meeting certain requirements can be.

. . . An experienced attorney who has knowledge of the technical aspects of filmmaking can be critical in keeping your costs (and stress level) down.