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The Mentoring Room - Ask the Working Pros

This is a Public Topic geared towards first-time filmmakers. Professional members of The D-Word will come by and answer your questions about documentary filmmaking.

Wolfgang Achtner
Wed 12 Dec 2007Link

Bryan,

You write that this man is a "public figure." Do you mean that he is a politician or a member of a local/national government? I'm just trying to figure out what you mean by "public."

By definition, if a given person is a public figure and they have agreed to an interview, everything they say is on the record and can be used.

In most countries, the only restriction that I can think of would be filming someone inside their homes without consent.


Brian Boyko
Thu 13 Dec 2007Link

This man is a politician. He holds a ministerial position in the national government of New Zealand. He has obviously agreed to the interview.

There are two complications. 1) The interview took place in his party's caucus room, and we do not have a location release. It's not his home or personal office, but it is an area not open to the general public. 2) The man is VERY well known in New Zealand. He is a famous and very controversial figure here. He holds high national office. But if people in the U.S. don't know who he is, would he be considered a private figure in the U.S. market?


Joe Moulins
Thu 13 Dec 2007Link

I don't claim to be an expert on ...anything, really, but I do suspect you are overthinking this, Brian. This sounds like a cut and dried case of a Big Swinging Dick messing with you.

If you ask this question in the legal forum you may get a more nuanced response, but I don't think you have anything to worry about in this case.


Brian Boyko
Thu 13 Dec 2007Link

Thanks – yeah. When we go over the raw footage, we'll see what we have him on tape saying. :)


Wolfgang Achtner
Thu 13 Dec 2007Link

Brian,

This is really a no brainer.

A Minister is a public figure. He agreed to go on camera (this is proven by the fact that you have the recording). You can use video. End of subject.


Marianne Shaneen
Sat 15 Dec 2007Link

Hi Doug and D-word folks, thanks so much for this awesome resource!

I'm currently in post on a feature documentary. I've been in discussions with a producer and funders who I will probably be partnering with. In looking through older posts I saw that you recommended your lawyer Richard Freedman, highly. I don't know if you're into making public endoresements or renouncements, but that post was in 2003. : )
Just wondering if you would still recommend him and/or if you might recommend another trustworthy entertainment attorney that works with indie directors, and perhaps is not incredibly expensive, in NY?

Or if anyone else might chime in with a recommendation (if such recommendations are allowed)?

Thanks so much!
And major congrats to Doug on A Walk Into the Sea!!!!!!


Marianne Shaneen
Sat 15 Dec 2007Link

Hi again,
another question. Could anyone lay out a basic idea of forming an LLC? Specifically: if I've been making a film and it's in post, and I bring on a producer and funders, and that producer's lawyer draws up the LLC and operating agreement, ...this is where I get a bit confused. If the producer's lawyer draws up the operating agreement and represents the film, is it any conflict of interest or am I at a disadvantage because he's also the producer's lawyer?

Wouldn't I instead set up my own LLC, and from there enter into an agreement between my LLC and their corporation? Or is it standard practice to form an LLC with all the parties involved? I want to retain ownership of my film, so I'm not sure how that works.

I don't mistrust any of these people, I just have no idea how these things work. (obviously why I'm asking for attorney recommendations). Thanks!!


Doug Block
Sat 15 Dec 2007Link Tag

Marianne, it's actually Robert Freedman, and, yes, I still highly recommend him. Here's his contact info . I'd also recommend Dan Satorius – he's in Minneapolis but considerably less expensive.

I'd ask these guys about the LLC as I'm not an entertainment lawyer. But if it were me, I'd set up my own LLC and keep ownership and control.

Edited Sat 15 Dec 2007 by Doug Block

Robert Goodman
Sat 15 Dec 2007Link

2nd that thought. Last money in should be treated very differently than the people who walked with you from the first step.


Marianne Shaneen
Sun 16 Dec 2007Link

Thank you so much! I will look into both.
From what I've read it seems that the LLC can be structured (with all partners) in any way, so I could be sole owner and it determines how payments/points/percentages come in and clarifies what everyone's roles and responsibilities are. But yep, I'm not doing anything without consulting an attorney.
I'll keep you posted. :)


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