Bad paperwork can kill your film before it’s even released.
I know this is not sexy stuff, but having a legally airtight film can make all the difference in the world when you’re trying to land a distributor.
This week we’re talking everything paperwork and legal stuff you need to make sure your film can go into the world with confidence:
- Why the fine print matters
- Avoiding the friend trap
- What you need to be buttoned up
Messing up this part of filmmaking can best case be a pain in the ass, worst case prevent you from releasing your film altogether. But when you do proper paper work from the beginning, you put yourself in a position to turn your film over to your distributor without any drama.
Let’s roll.
Why the fine print matters
I’ve been there.
You’re making a tiny indie film, there’s little to no money, and you’re barely making the movie happen as-is. The thought of getting people to sign talent and location releases is not even in your periphery.
That could end up screwing you big time down the road.
Here’s the deal, when you’re courting distributors who can take your film into the market they’re going to want to take as little risk as possible. If you’re missing essential paperwork like releases, licenses, contracts and agreements they won’t touch your film.
It’s on you to have this stuff buttoned up.
I’ve seen lots of films linger because they didn’t have the proper licenses or were missing essential paperwork. The likelihood of being sued for something that appears in your low-budget indie film is small, but it’s still a risk no distributor wants to take on.
In an extremely competitive market it’s important to not stand out negatively by not having your paperwork in order.
The last thing you want is for all your hard work and creativity to be lost because someone didn't sign a form.
When you do have all your papers in order, it not only makes it easier to get a distributor, but it also protects you legally. When you have contracts, releases and agreements you can sleep soundly at night knowing that you’re in the clear to screen and license your film.
Avoid the friend trap
The biggest reason filmmakers don’t do proper paperwork for their indie films is what I call the “friend trap.”
I get it, we all want to be cool and chill when making films with our friends. But things can get thorny down the line if you don’t set terms and expectations from the get go.
On Wild Boys we did the bare minimum of paperwork to make sure we had everything in order, but it did hamper us in the distribution process. Because we didn't do contracts and agreements, other than releases, we didn't end up trying to get a big distributor on board.
Don't make the same mistake.
It’s better to have the tough conversations early on and make sure everyone involved knows what they’re getting into BEFORE you make the film.
The strange thing is that if your film doesn’t do well you can actually get away with a sloppy paper trail. It’s when you’re successful that things get complicated. If you don't have agreements in place, and your collaborators are seeing the film's success, they will want their peace of the cake. When the size of their slice is not already established you're setting yourself up for conflict. You can end up burning bridges, ruining friendships and risking the release of your film.
Instead, the best way to manage your film is to have a clear paper trail. You need to have a chain of title and to get the proper contracts and releases from everyone and everything that appears in your film.
You might think having contracts with your friends is awkward. And I get that, but putting things in writing actually creates transparency. When everyone knows what to expect, there's nothing to complain about later.
There are a million and a half ways a producer can screw over their cast and crew. Especially by promising things that never make it into any contracts or agreements. Don’t be wishy washy on this stuff. It’s good practice as a filmmaker to take care of your team. That starts with having an honest and open conversation about what they can expect to get from participating in your project.
What you need to be buttoned up
Get a great producer, done, finished, all set up and ready to go.
I know we all want one!
But the reality of indie filmmaking is that you, as the director, will most likely take on some producing duties as well. There are three things you need to do:
- Educate yourself on what’s needed. Talk to producers, contact distributors and ask for a list of deliverables. Compare a few different ones to get a full picture of what paperwork you need.
- Get someone else to do the heavy lifting: Templates are super helpful when you’re new to getting all the paperwork you need together. There are several good resources online, but the best I’ve found is Tyler Reid’s Filmmaker Template Bundle. I wish I had had all these when I made my first feature!
- Lawyer up: No matter how good your templates are, or how well-educated you become, this is one area where expert advice is worth every penny. I know it feels like a luxury to shell out thousands of dollars on a lawyer, but the existence of your film can ride or die on this.
- BONUS TIP: If you need help finding a lawyer for your film, reach out to other filmmakers who are in the same budget range as you and ask for referrals.
The most important part of being buttoned up is to do this as you go. Don’t wait until you’re picture-locked and ready to submit to festivals. Make sure no one starts working on your film without all the relevant paperwork being filled out and signed. Get location releases, talent releases, art releases etc. before you shoot. Make sure you can license the footage and the music you’re using.
Don’t give yourself the option to put something in the film that you can’t use.
If you’re systematic and organized about this stuff, you will save yourself weeks of headaches, and potentially months or years of your film ending up in “paperwork jail.”
And cut!
That does it for this week. Here are the key takeaways I want you to bring with you into your directing career from today:
- A proper paper trail is a must-have if you want to land a distributor.
- Working with friends is not an excuse for not having clear agreements and contracts. It’s actually more important than ever.
- Learning how to get all the necessary paperwork in order can seem intimidating. If you start early, learn the basics and take advantage of templates it’s not as difficult as it seems.
As always, thanks for reading.
