Risky Business with Entertainment Attorney Mark Litwak

Published On February 14, 2010 | By admin | film, film distribution, film finance, filmmaking, Uncategorized

51YonuevadL__SL160_AA115_If you are a filmmaker looking for valuable legal information online,  subscribe to Attorney Mark Litwak’s Entertainment Law Resources Newsletter.   Each issue features an article written by Mark focusing on a particular aspect of the law.  The latest piece entitled “Distributing Your Indie Film” offers tips for leveraging deals and improving terms when negotiating. 

The newsletter also gives details about Litwak’s one day seminar “Risky Business: Financing & Distributing Independent Films”, which is  being held on Saturday, February 20th at UCLA.   The course will explore several subjects including organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting.  In addition, filmmakers and producers will also learn how to protect their interests by watering down warranties, getting added to the E & O policy, using lab access letters to retain possession of the negative and utilizing termination and arbitration clauses. 

An extensive handout containing the following is also included:

A Self Defense Checklist

Organizing Your Company – Choice of Business Entity,  Sole Proprietor, General Partnership Limited Partnership, Corporation, Company Formation Checklist, Limited Liability Company, Comparison of Entities

Collaborations and Co-Productions – International Co-Productions and Co-Production Checklists

Raising Money – Loans, Pre-Sale Agreements, Contract: IFTA Schedule of Definitions, Entertainment Finance Companies, Equity Investors, Finders

Tactics & Strategies 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 & Rewards, The Acquisition/Distribution Agreement, Tactics & Strategy, Markets & Festivals, Investigate the Distributor

Principal Terms of the Distribution Agreement – Territory, Media, Term, Distribution Fee, Distribution & Marketing Expenses, Advances & Guarantees, Consultation Rights, Warranties & Representations, Accounting, Arbitration, Insurance, Termination, Assignment, Allocation of Package Revenue, Security Interest, Governing Law, Territorial Minimums, Retain Your Masters, Return of Materials, Delivery, Contract: Lab Access Letter, Contract: IFTA Rider to International Distribution Agreement

When A Distributor Defaults – Selecting a Distributor, Creative Accounting, Conducting an Audit, How Revenue is Divided, Creative Accounting Pitfalls, Accounting Terms, Defensive Tactics

For more information or to register go to https://www.uclaextension.edu/r/Course.aspx?reg=V4464 or check out Mark’s website at http://www.marklitwak.com/.

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