My husband is a DP/Director and was contacted about 2 years ago by a client wanting him to shoot an interview and broll for one woman's story of abuse, survival and healing through an alternative method called Transformational Bodywork. There was an urgency to do the shooting asap as she was also diagnosed with 4th stage Ovarian Cancer and her prognosis was not good. The purpose was to have her story documented so that sometime in the future it might be used for a documentary about the kind of work this therapist is doing.Â
Some time later, my husband was contacted again by same client to come out and film some more footage with the same subject as she had now finished with chemo and was in remission. She had made great strides in her work with our client/her therapist and was celebrating her life. This time, I went with him and shot several days with her. During the shoot, it became clear that my husband and I had gained a remarkable perspective on how best to pursue this documentary. Since the client hadn't even yet lined up a director, we pitched to him that we could helm the project, and he wholly agreed. We then did one more round of shooting this past March.
Through each stage, the client had paid my husband his standard dayrate, so everything was essentially a work-for-hire gig. But as some other parties have now come forward with additional financing and the documentary as a whole is picking up steam, we're now floundering with the business end of all of this, playing catch-up to this bass-ackwards way of producing a documentary.
Which brings me to this... We need help! We have a producer we'd like to bring on board to handle all the administrative details moving forward, but we're so ignorant about what all those details are exactly. In doing research, I've read things about fiscal sponsorship, advisory boards, non-profit, etc. As of right now, we are slated to do our final round of principal photography this May in NY and CA and still have no protection in case things go horribly awry. Husband is currently talking with a lawyer about forming an LLC and drafting an operating agreement for the three parties involved: my husband and I, and the client-turned-partner. But we're unclear how to handle things such as:
- Who should own the Copyright?
- What is an appropriate split for profit/loss between us and client-turned-partner?
- How to accept outside monies which are still unclear yet as to whether or not they'll be Donations vs. Investments?
- If the incoming monies are Investments, what's an appropriate way to handle profit splits between we the filmmakers, and them?
- Do we need an advisory board? Does it help? Offer more credibility?
I apologize for the novella, if you've made it this far... any insight into these questions would be immensely appreciated, or if there's something else I might be altogether overlooking. Thanks so much for any and all help!