How do I find financing for my film? Do you represent executive producers?
How can you help me with a PPM or business plan for my film?
When do you get involved in the process? Can you help me with a problem I have with a business partner?
What are your rates and are you accepting new clients? Do you require a retainer?
Can you help me get my script into the hands of an actor who is perfect for the role?
Do you shop music to record labels?
How do I protect my ideas - either story ideas or product ideas?
Do you help clients anywhere?
Do you help all entertainment clients - film, music, TV, fine arts, internet, and new media?
Do you have templates of contracts so that I can get started on my projects?
How do I find financing for my film? Do you represent executive producers that I can put my project in front of?
How to raise financing is the most common question independent filmmakers bring to an entertainment lawyer. Everyone knows that access to capital is a key step to making a film - there are very few successes like "Paranormal Activites" or "Blair Witch" out there to be made for $15,000, or even $250,000. (PS - never include either of those films in your business plan.)
By far the preferred method of financing is finding high net worth individuals with a love for film, and convincing them to invest in your project. It's the cleanest, and most romantic, way to finance your film But with the recent changes in the economy, especially the real estate collapse, the number of domestic angel investors out there has been cut to 5-10% of what once was available. Now, financing for indie film is cobbled together from tax incentives, presales, bank loans, equity, post-production deferrals, talent deferrals, and completion bonds - always with the assistance of an entertainment lawyer.
There are still film-oriented investment funds, experienced independent executive producers, and production companies with studio contracts. Entertainment lawyers often represent executive producers, and have relationships with film funds. It is possible that quality film projects could earn their attention. However, an experienced entertainment lawyer will never present a project that has not been adequately packaged - this includes tying down the story rights, appropriate producer agreements, preliminary budgets & locations, and at least one talent element attached. Often, you get one chance to convince an investor to come aboard - they will always say no if you're not prepared. Please feel free to contact my office if you need assistance with this preparation.
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A PPM and a business plan are two different things, but both can be prepared by an entertainment attorney. A business plan is a sales and planning document. A PPM (Private Placement Memorandum) is essentially an insurance policy for your film, protecting against investor and regulatory backlash down the road.
A business plan is your method of explaining how you intend to monetize your film. This includes story breakdowns for your script, comparisons to other films in your genre, budget preparations, cash flow preparations, production personnel biographies, and all the other elements that show why your film is going to be a success. Entertainment lawyers often have a broad depth of knowledge in regards to the mechanics of producing and monetizing film and therefore can offer a lot of detail and argument for your business plan.
A PPM, however, is something that should ONLY be prepared by an entertainment lawyer. The PPM is unique to your film, by necessity. The PPM rewords your business plan to show how your film is actually a risky investment. BUT WAIT - a smart and experienced entertainment lawyer will still be able to present this information in a way that can entice investors. One way a good entertainment lawyer could explain this to his film clients: When reading a script, everyone has this little film reel running in their head about what the film could be - investors included. So an investor will have a certain expectation of what the film will turn out to be. If at any point, your version of that film does not match the film reel in the investor's mind (which happens ALL the time), there is a risk that the investor will become unhappy with the film and sue to have his investment refunded under US securities laws. Additionally, the Securities Exchange Commission (SEC) can investigate your project to determine if you shared the appropriate information with prospective investors. A PPM prepared by an entertainment lawyer will address the specific needs under securities laws to satisfy the SEC. Hire an entertainment lawyer to draft the PPM.
It is MUCH much easier, more effective, and less expensive your entertainment lawyer can help avoid a problem from the beginning, rather than try to fix a problem after the fact. Often, when a problem has already arisen, the different sides become entrenched in their position, limiting the available solutions. Also, it takes up to 10 times as long to fix a problem, as it would have taken to prevent one. This translates directly into 1) more time getting to your goals and 2) a less effective or desireable outcome overall. We're all cost conscious with our projects. But when an entertainment lawyer has to step in to an existing problem, the options are already limited; your attempts to save a little legal expense up front creates a situation costing far more than the early advice would have cost. Additionally, I appreciate when I'm able to proactively help a client; I also dislike having to bill a client for little or no results. And I can't guarantee a particular outcome during a problem, so my fees to try to fix a problem are the fees I appreciate the least.
Key steps about when to involve an entertainment lawyer:
Hiring an entertainment lawyer is one of the most important decisions you will make in your business life. In the entertainment world, a good lentertainment awyer will not only help you avoid problems, but also potentially connect you with new opportunities. I view taking on a new client as an equally important decision. I tend to work fairly closely with them, so the quality of their projects is tantamount to my decision to assist them. Considerations for me:
Sure, some projects come and go if I can quickly help out, but more often than not, I am involved in everything from the early negotiations through the completion of the project. I was proud to discover that over the last 6 years, I have retained over 99.5% of my clients' business. I am always looking to add new high-quality projects.
Generally, the required retainer to begin working on a client's project varies with the project. If I personally connect with the quality of, or the goals of, a project, I will sometimes defer my fees in exchange for a percentage of the project. However, deferring fees is actually more expensive than if I were to bill on an hourly basis up front. This is because, if successful, my percentage of the project equates to more than that hourly fee would have been. By taking a percentage, I am assuming the client's risk that the project will not be successful. I don't get paid unless you get paid, but this also means a larger payoff when it IS successful.
Possibly, depending on the quality of the project. I have many relationships with agents and managers throughout Hollywood, so it's possible that I already have a connection to particular talent. Because of these relationships, I cannot simply forward any material to them that crosses my desk. I must necessarily act as a filter, only passing along material that is properly formatted, and professionally completed. Please feel free to send your professionally completed materials to my office for review. But please also be aware that by submitting your material to my office, I will hold that material in confidence, but not attorney-client relationship will exist until you and I agree to my representation. It is possible that I represent another client on a similar project, or even one of the other parties to a deal you're considering. So until I make an evaluation of the potential relationship, and until you and I have discussed my services, you should assume that no attorney-client relationship exists regarding any materials you submit to my office.
This is probably the single most common question I receive from musicians and music managers. The answer is... Sometimes.
Sometimes I like the music enough to send it to my connections at labels. But rarely.
Sometimes the client can afford to hire me at my hourly rate to shop the music. But rarely.
Sometimes I know music supervisors who are looking for that exact sound. But rarely.
Most of the time, it makes more sense for the client to shop the music on their own.
Quite honestly, using an attorney to submit ideas is your best defense. Barring a good relationship with an attorney, you can register your writing projects with the Copyright Office or with the Writers' Guild of America. If you have an idea that has not been written down, then you will want some form of Non-Disclosure Agreement with whomever you submit your idea. Basically, you need to create a traceable paper trail between you, your idea, and the recipient in order to later prove that they were witness to your idea, and that it came from only you.
I am licensed to practice law in California, and my practice is centered in Hollywood, so most of my clients are filmmakers and musicians in California. However, I represent clients around the world because copyrights and trademarks - the two most important assets in the entertainment business - are federally regulated. This allows me to help clients in other states and other countries, all remotely via email or phone, from my offices in California. Billing, too, is handled over the internet, to allow for near-real time billing and work delivery. Additionally, because California has such an extensive judicial history of evaluating entertainment cases, California is the "go-to" jurisdiction when choosing a state's applicable laws for entertainment contracts. This means that if you're in Idaho, or Illinois, or Romania, you can choose to have California's laws apply to your contract when you're drafting your agreement. Please contact me for further information about this, or to see if I might be able to assist you in your entertainment matter.
I started my entertainment law practice with mostly music clients. Over time, my practice has transitioned to a largely film oriented practice. I try to concentrate on new clients that allow me to assist them start-to-finish on their film projects. However, I still have many clients in the music industry, as well as many TV, fine arts, new media, internet, and other entertainment and business clients. Because of my hands-on approach with my clients, I must be able to assist various types of entertainment clients at various points in their business cycles and professional development.
I initially went to law school to study international law. I was passionate about politics and international relations. Upon reaching Washington DC, however, I discovered that international law wasn't what I was expecting. I wanted to assist clients and have an immediate impact, not spend the better part of my lifetime working to achieve distant goals. I also needed to work on projects about which I would be as passionate as I was with international politics. Art - specifically movies and music - was the only other thing that resonated with me so profoundly. Perhaps I am an aspiring artist trapped in an attorney's robes. Regardless, I get a lot of satisfaction and personal pride from the fact that I am assisting my artist clients to create successful careers from their art.
Yes, I have templates of commonly requested contracts - please email me with your request. An online library will be made available shortly.
LOCATION: On the Sunset Strip
8335 Sunset Blvd, 3rd Floor
West Hollywood, CA 90069
(cross street: Sweetzer)
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PHONE: 323.337.9070
EMAIL: website_chrisnunes.com
