Understanding Legal Issues in Film Part 2: Before Filming

Disclaimer
I am a law student and therefore have no legal right to provide actual legal advice.  With that being said, I know that the process of making a film, especially for young, new filmmakers, can be daunting.  I mean other than focusing on what to actually film, the legal process for filmmakers is quite extensive.  Due to this, I wish to help you young filmmakers understand what legal issues you will be facing during your creative process.  This is the second of four articles that I will provide regarding these issues.  The first one dealt with legal issues while drafting the script, this second one dealing with legal issues after the writing process but before filming, the third will deal with legal issues during the filming process, and finally the fourth one dealing with the legal issues after filming is completed.  I hope that you enjoy and find this helpful.  Once again before I begin, this should not be considered legal advice, but should be issues that you should discuss with a licensed lawyer.

This article will discuss the legal issues one will face after the script is done, but before the filming actually begins.

Unions
The first thing you should know is that most independent filmmakers agree to enter into agreements with different unions in order to establish pay schedules and working conditions.  These unions include Writer's Guild of America (WGA), Director's Guild of America (DGA), Screen Actor's Guild, and The International Association of Theater and Stage Employees.

Contracts
Next, before filming begins you must have written agreements (contracts) with all writers, composers, crew members, and actors.  I would definitely recommend getting a lawyer to help you write these contracts, so that you know that the contracts are drafted properly.  Depending on who you are working with, this could take some time before both parties are satisfied.  You should also get contracts between those who likenesses will appear on the screen.  By not doing so, you may be involved in a defamation suit.

Title Selection
Finally, prior to selecting a final title, you should obtain a title report which determines whether a title is clear to use.   Here are some companies that provide this service: Thomson & Thomson: (800) 356-8630 Dennis Angel: (914) 472-0820.