Michael Donaldson0:10
It happens a lot, and I think the major fear is cost. People think they can't hire an attorney because they don't have the money to pay for one. That's such a misconception, because typically it's much less expensive if somebody comes to us early on in the project rather than later and asks us to fix things. Once they're in a position where they really need an attorney, that's when it's going to cost a lot more money. So we're constantly alleviating people's fears, letting them know it's okay, and if you can't afford us, it's okay. You don't have to retain us. We have this wonderful book that is a resource.
The book provides the resources you need to get it done in terms of contracts and agreements that you will need when producing a film. One of the things about this fourth edition is that every contract discussed, with all the hints and background and what to do if they disagree, has after it an address where you can just type in and download a clean copy of the contract so you can change it. We tell you how to use them. It's very user-friendly and designed for filmmakers who may not be ready financially to hire a lawyer. This book will get them through.
If they did not have their ducks in a row when the movie's ready to go to theaters and they've got a distributor, the most common problem is not having signed agreements with people, which results in those people having a valid copyright claim over elements of the film. So many films are done on a handshake, and people are just working for a day. But anybody who holds a camera or has any sort of arguably creative contribution can end up with pieces of copyright floating all over the place. You need to get little deal memos—there's a form in the book—but you have to get everybody to sign on. Otherwise, the producer who paid for everything and thought they owned the copyright may only own a piece of it, and that can become very problematical.
If the film gets sold, you actually have to deliver not only the film but all the paperwork attendant to it, because whoever's buying it wants to know that you own all the copyright and the chain of title is clear. People don't understand that, and once they go to deliver, they have to backtrack. They haven't talked to that person in three years and can't find them. It becomes a lot harder trying to do things after the fact than doing things as you go along. It's the same thing in life.
Let's say I'm doing a little indie short, paying for it out of my own pocket, I'm the writer, director, producer. I've hired someone off Craigslist to be my camera person and found some actors. Typically, you would get signed agreements, but it's amazing how many people don't think about these things. Then they sell the film and it's a nightmare and expensive. It's so easy to get the proper releases at the time, but to go back later is difficult and sometimes triggers a feeling that perhaps they should receive some money.
