Independent filmmaking creates legal hurdles

To shed light on that often-overlooked aspect of the industry, Springfield Regional Arts Council was scheduled to hold a seminar Feb. 14 at the Creamery Arts Center, as a kick-off to the 2008 Show-Me Missouri Film Festival in Springfield Feb. 15–17.

Rebecca Stroder, a copyright and entertainment law attorney with Sonnenschein Nath & Rosenthal LLP in Kansas City and a member of the Kansas City Volunteer Lawyers and Accountants for the Arts, was scheduled as the guest speaker.

Stroder said there are several areas of filmmaking where legal issues are most likely to present themselves: establishing contracts; using copyrighted materials; and raising money.

“Probably the most important issues for filmmakers are ownership issues – making sure that they know who exactly owns each part of the film, and making sure they have agreements in place to solidify ownership,” Stroder said.

Laying out ownership can be accomplished by obtaining contracts with the various parties involved with a film, from actors to musicians to owners of shoot locations. Skipping this step can cause hiccups down the road, when others could attempt to use a filmmaker’s material without permission or claim rights to the film, Stroder said.

Written agreements also come in handy when a filmmaker needs permission to use various types of content, including photographs displayed in the background, Stroder said. Depending on the type of content, the process for obtaining releases can be drawn-out and expensive – as it can be for obtaining copyrighted music rights – or as simple as a one-page document, signed by an artist permitting use of his artwork.

“Most filmmakers really underestimate the number and the types of releases and agreements they’re going to need to display any kind of content,” Stroder said. “Little things like that can really jam up the distribution process.”

Local independent filmmaker Jim Bultas, whose day job is teaching music at Hand-Picked Guitars, planned to attend the Feb. 14 seminar. Bultas encountered a legal issue while distributing his first film, “Rock ‘n’ Roll Space Patrol Action Is Go.”

In the contract with his distributor, Troma Entertainment, there was some negotiation over how long distribution rights would last and a cap on advertising spending, Bultas said.

Hiring an entertainment lawyer was too costly, Bultas said, so he worked through the issue by researching it on his own. Troma released the flick in 2006.

Bultas noted that the art council’s seminar is a testament to the emergence of independent filmmaking, as technology, equipment and knowledge have become available to anyone in recent years.

“It’s pretty cool that we’re at a time that you can really, for not that much money, get a camera, get a computer, get the software, learn – if you have the time and patience – and do the whole thing yourself,” Bultas said.

Vince Crunk, production manager for the city of Springfield’s TV23 government information channel, was planning to attend the Feb. 14 seminar for a refresher course on copyright laws. In his work, he frequently runs into the issue, particularly with music.

“All of the music, we buy and we get all the rights, and it’s all perfectly legal,” Crunk said. “Life would be a lot easier if there were other methods, and I like to stay on top of that (and) any changes in the laws.”

Filmmakers also should keep an eye on how they’re raising money for a project. When filmmakers are seeking investors, it’s similar to selling stock in a company – and the same federal and state securities laws apply, Stroder said.

“I see people make all kinds of mistakes that could potentially get them in trouble if an investor would ever decide that they weren’t pleased with their investment,” she said.

It all boils down to what Stroder calls the end goal for every filmmaker – distribution. If a filmmaker hasn’t obtained legal clearances across the board, a film may never make it in front of an audience.

The danger is especially true for small-budget or independent filmmakers, Stroder said, because distributors are less likely to take a chance on them.

“Distribution companies don’t want to take a risk on a film from someone who is a small filmmaker … whereas they might take a chance on someone who’s a little bit more established,” she said.

As any number of legal issues can arise during a film’s production, Stroder advises getting legal advice early in the process. Most filmmakers will need advice at some point, and “it’s a lot less expensive to see someone at the beginning,” she said. “At the end, you’re going to find about 100 things that you’ve done wrong that you need to go back and fix.”

Getting an Audience

For local filmmakers, The Moxie Cinema showcases talent through its Local Film Series. Filmmakers with high-quality productions can contact the downtown Springfield theater at info@moxiecinema.com for consideration.