+ Company Organization

If you are making a commercial production you should consider formally creating an organization to oversee production. Whether to incorporate as a corporation, organize as an LLC, or form another type of company depends on the goals and product of the production. Failing to form a proper company around the production can lead those making the product to be held personally liable for lawsuits and accidents during production. All productions carry some risk of costly lawsuits. Anyone making art should protect their personal assets from this risk.

But forming a company can be complicated. What type of company to form can be confusing, and the process tedious. A mistake at this stage can be extremely costly down the road. Hiring a competent attorney to help is the best way to make sure that your project gets things right from the beginning.

+ Contract Drafting

While it may be tempting to run a film set informally, this can prove disastrous later on. Every stage of production involves contracts. Those involved should know what their expectations are, what their ownership stake is, and what their compensation will be. Contracts protect productions by making relationships clear. Hiring a lawyer to draft and negotiate contracts is an upfront investment into making sure that the production can be smoothly released later on.

+ Script Clearance

Script clearance reports are an important part of creative projects, and especially important in film production. Without a script clearance report, most insurance companies will not consider providing production insurance. Without production insurance, many distributors will not consider a film. Script clearance reports go through a script line by line and identify potential areas of conflict or liability. These reports are important steps that analyze down to the small details like product signs and character names.

+ Licensing

Anything that is not owned by the production needs to be licensed. This includes music, graphics, and other media needed for the production. What needs to be licensed can be a very technical question, and a lawyer should be employed when considering claims of fair use. Licensing should be done explicitly and in writing. Contracts should be involved even when the music is written for the production or provided for free, to ensure that this use is not challenged later.

+ Filming Permits

Nearly all jurisdictions require some sort of filming permit to shoot commercial works within their jurisdiction. The requirements and cost vary, but a fee and proof of production insurance is usually required. Film permits may be required even when filming indoors on private property. An attorney can help you navigate the nuances of the permitting processes across different jurisdictions.

+ Copyright and Intellectual Property

Your project consists of various types of intellectual property, all of which should be protected. Registration is an essential part of this process. If someone steals your work, you need a copyright registration before you can sue them for damages. Registration can happen at different stages, and often should. The script can be protected before a movie is filmed and edited. The composition and recording of a song can be protected. It is a complex but necessary part of a production, and one that an attorney should help you with.

Trademarks often come up as well. Knowing when and if to trademark your logo or series name is a nuanced matter for an attorney to answer.