Paper work. Not something every filmmaker thinks about, but this tedious administration work can be the difference between “I made a movie once, you can’t see it anywhere” and “My movie has a wide release this spring! Go see it!”
Now, you may say, “but I’m working with friends and family.” WRONG. That answer won’t fly with a distributor. I’ve gotten my administrative duties finished before production, I’ve done it during, and had to hunt people down to complete them after production. Believe me when I tell you, you don’t want to wait till your film is done.
To keep it simple, I’ve compiled a list of 9 forms of documentation that you will want in order to complete production on your movie:
Screenplay Ownership Documentation
There are two crucial registration forms you will need to protect your screenplay: Writers’ Guild of America (WGA) and the United States Copyright Office. Once you’ve completed your screenplay, you register it with the WGA; reason being, it’s proof YOU are the author who completed said screenplay on this date. This can either be done for the finished draft or each draft to play it safe. It’s only $20.
Following WGA registration, visit the U.S. Copyright Office Website, make an account, and register your screenplay with them. This certificate (which takes almost a year to process but is in effect immediately) will show screenplay ownership. It’s more expensive ($35 for single author and not work for hire, and $55 for all others) but bulletproof for the screenplay. Once you complete your film, you HAVE TO register the film with U.S. Copyright Office to validate your ownership of the film.
Protect Yourself
This is the most tedious administrative job; but again, essential to keeping your ass out of court. You will need to create a limited liability company (LLC) and call it the name of your film. The reason why you create one for every film you make is to protect yourself; for example, a lawsuit filed by a location because you damaged something would be against the LLC, not you personally. It’s simple to do and can be done in any state. To learn all the particulars, contact a lawyer.
Insure the Production
Like other kinds of insurance, film production insurance and workers compensation will cover you, your equipment, your crew/employees, your footage and the locations you deal with. It can run high, but majority of locations will not allow you to film there without it. Who wants to deal with property damage or injury lawsuits from crew?
Secondly, in regards to insuring one’s film, talk to your insurance agent about Errors and Omissions Insurance (E&O). What E&O does in a nutshell is cover you if by chance a copyrighted logo show up on the screen. Now, some distributors offer their own you may purchase, some have an umbrella policy you would be put on, and some want you to find E&O on your own. Get a policy from your insurance agent for down the line.
Location Forms
Once you’re insured, you may now start exploring possible shooting locations for your film. The contract you will need when dealing with permission to shoot at that restaurant, that park, and the like, has to contain the following information: that you, an insured entity, have permission to shoot on x-amount of days, for a specific time, and either are allowed or are not allowed to use their logos/name in your film.
Actor Release Forms
Most straightforward of your documents, this gives you the necessary right to show the actor’s name and face on screen. Without it, you CANNOT legally show any likeness of them in your film. Each cast member must sign one, and anyone under 18 must have a parent or guardian fill one out for them.
Crew Contracts
This applies to paid cast as well. You need a legally-binding way to hold everyone accountable. Contracts protect you if your crew doesn’t show up or doesn’t perform well, and protects your crew member from not getting paid. It will put everyone’s mind at rest. Make sure your contract with your music, DP, and set photographer state that you may use what they created/shot.
You will also need a clause that allows you to use their name in the credits (a chain of title clause). What’s more? All contracts should include an actor release clause. Why? Because whether you use it in the special features of the blu-ray or for promotions, you will have behind the scenes pictures/footage and you never know whose face will show up.
Music Ownership
Using licensed music without permission is a typical reason a distributor turn away. They need a legal document that states: (a) you own the music within your film, (b) you have permission from the music’s creator to use it, or (c) proof the music is public domain. Be up front with your composer or friend’s band and get this decided and signed before they give you their music.
Press Kit
A press kit is the portfolio used to market your film. Most festivals require one and any film market and distributor will too. If you’ve followed my check list, your actors and crew should already be covered in regards to using them in your marketing.
The following is a list of what you’ll generally need to complete your press kit: (a) resumes and headshots from your actors and key crew, (b) make sure your contract with whoever creates marketing materials such as posters includes be given the RAW files for your distributor, and (c) create a filmography and a director’s vision for the film. Generally, the director will be the only one asked to provide one and what the director says about the film can be utilized in interviews, ads, and the like.
Covid-19 Documentation
It is our responsibility as people to do our part in stopping the spread of COVID-19. For every step forward (vaccines) there’s a step back (variants of the illness). Film unions have come up with rules for safe sets and the new position COVID Compliant Officer has been instated into film crews.
To begin, YOU should pass one of the many Covid Compliance courses. As an on set leader, you should understand first hand the rules and regulations to running a safe set. Next, ask your crew who else has passed any of those tests. While these aren’t necessarily required apart from maybe having your C.C. Officers copying their certification for you, this will keep you covered if anyone questions how your set was run.
Once you’ve done that, you must be up to date on testing, how often crew and cast must be tested to comply, and organizing the paperwork involved to prove you’ve followed the new protocols. Between set insurance and protecting your team, there’s going to be a lot of paperwork. If you can, have an extra Compliant Officer or other set member whose designation is the COVID documentation.
Conclusion
When I began making my first feature, I did not do all of the administration paper work. Not smart by me as I had to spend a few months finding people in order to get release forms, chain of title, etc. Take it from me, just get the above paperwork completed ASAP and then go onto more fun aspects of filmmaking like making your movie!
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FIGHT ON,
Jimmy Kelly