Join The Gotham for a class on the Business Essentials for Film!

Overview

Join The Gotham for a class on the Business Essentials for Film!

It’s called “The Film Biz” for a reason — filmmaking is a business venture as much as it is a creative one. Keeping stakeholders (financiers, creatives involved, distributors, sales agents, etc.) happy and stress free is key. While your audience will not likely be thinking about the business infrastructure that made it possible to see your work on the big screen, the reality is these elements are the backbone of a project and can set it up for success or failure.

This workshop will put filmmakers in a position to be able to ask the right questions early on, know when conversations need to be had with whom, and ultimately put you ahead of the curve. Executive Producer and Business Affairs Executive, Sara Macfarlane, will guide you through this course having your project and career end goals in mind. 

Session 1: Corporate Set Ups and Film Financing 101
Introduction to business side of filmmaking – what it is and all the things it encompasses. This session will dive deeply into two of the most asked about topics: Chain of Title and financing structures.

• Corporate structures for various creative projects
• How the corporate structure interconnects with the project’s chain of title
• Types of film financing deals and the commercial, tax and legal considerations for each
• Understanding the key commercial deal terms and conditions precedent for each type of financing deal and an overview of associated financing agreements
• How to structure your cashflow schedule, balancing the need for availability of funds with the need to minimize co-financier risk
• Financier reporting
• The recoupment ‘waterfall’
• Profit participations and the distinction between “Gross Proceeds” and “Net Proceeds”

Session 2: The Importance of Chain of Title

• Understanding copyright and the importance of a clean chain of title from development through to delivery
• Breaking down the different types of intellectual property rights and where they fit in at each stage of the filmmaking process
• An overview of key chain of title development and production agreements, including Attachment Agreements, Collaboration Agreements, Option Purchase Agreements, Life Rights Agreements, and above the line production agreements
• Understanding the key commercial deal terms for various development and production deals and the circumstances that will dictate what type of agreement is most appropriate
• An overview of clearances from a chain of title perspective – what needs to be cleared and when? Understanding how having the necessary clearances tie in with a clean chain of title
• Chain of title in the context of delivery and distribution.

Session 3: Distribution, Sales and Delivery

• Minimum Guarantees/Advances vs. Negative Pick-Up Deals
• Streaming vs. Traditional Theatrical Release Model
• Understanding key Distribution and Sales Agent deal terms
• Legal delivery to a distributor or sales agent
• Music licensing

Instructors

Sara McFarlane

E/S Collab - Founder

Sara leads a smooth business affairs process for production companies, financiers, and film and TV productions. An Australian entertainment lawyer and experienced business affairs executive, Sara brings years of experience and a unique set of skills in executive producing, film financing, and production. Sara started her career at the Australian Broadcasting Corporation and See-Saw Films before moving to Fulcrum Media Finance, a specialist film financing company, where she worked on high-level financing transactions for film and television productions, including Academy Award nominated, Lion, Top of the Lake: China Girl, Mary Magdalene, Sweet Country and The Nightingale. After moving to New York in 2018, Sara worked with CinePointe Advisors, representing producers and handling above-the-line development and production business affairs matters for more than fifteen independent films, including,Jay and Silent Bob Reboot, The Half of It, I'm Thinking of Ending Things, On The Rocks, and Palmer, among others. In 2020, Sara founded E/S Collab, a boutique executive producing and business affairs consulting firm for creatives. Sara holds a Bachelor of Laws and Bachelor of Arts (Honors) from Macquarie University and a Master of Laws with Distinction from the University of Sydney.