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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.

Marianne Shaneen
Fri 14 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
Fri 14 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
Sat 15 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. :)

Doug Block
Sat 15 Dec 2007Link

good luck, marianne. tell bob and/or dan that i sent you their way. it can't hurt.

Marianne Shaneen
Sun 16 Dec 2007Link

Thanks Doug, will do!

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Malgosia Askanas
Tue 18 Dec 2007Link

Many thanks for the response to my previous question. Now I have another. Could anyone advise me how I could get hold of a copy Jonathan Lewis' documentary "Reputations: Pope Pius XII – the Pope, the Jews and the Nazis", which was made for BBC2 and shown in 1995? I tried contacting BBC about it through their website, but received no response. Any advice would be greatly appreciated. Perhaps there is some way to contact Jonathan Lewis directly?

Marianne Shaneen
Tue 18 Dec 2007Link

Hi Doug- I spoke to both attorneys you recommended, they were both really wonderful and both raved about you : ) (really).
One more expensive w/no retainer, one less expensive requiring a retainer, and both seemingly equally great (knowlegable, helpful, cool).
Many thanks again!!

Doug Block
Tue 18 Dec 2007Link

you're welcome, marianne. sorry i gave you a tough choice ;-)

Edited Tue 18 Dec 2007 by Doug Block

Evan Thomas
Wed 19 Dec 2007Link

Hi Malgosia,

I'm assuming it's not available to buy.

It could be expensive to get a copy from the BBC as it's liklely it's sat on a big shelf somewhere and could cost £££ to get a copy from the master tape. Maybe you would have more joy with contacting Jonathan Lewis?? Might be a long shot though...

It's a bit naughty but it might be on a torrent somewhere on the web? Especially since it features Nazis there always seems to be plenty of Nazi related documentaries available for download.

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