The Mentoring Room - Ask the Working Pros

Hi, I'm working with my first ITVS contract and need some advice regarding how best to distribute the funds – through a fiscal receiver or my LLC.

My situation is a bit complicated because of the history of funding on the project. Prior to my ITVS contract, I used one fiscal receiver for State grants (NYFA) and a non-profit organization for NEA funds. (NEA changed their rules several years ago and only allows organizations to apply, not individuals with fiscal receivers). I signed off on my ITVS budget giving the non-profit organization's director a salary equivalent to cover fiscal responsibilities. What I completely forgot about was that NYFA requires that they be the only fiscal receiver. NYFA is now telling me that they will terminate my contract if I don't use them as the fiscal receiver. I don't have an additional 8% in my budget to spare to cover their fee (18,000). The only option I can think of in order to not breach my contract with NYFA would be to use my LLC for the ITVS funds.
Does anyone know if I could still pay people as independent contractors if I use my LLC? What if people are working at my office? – Won't they technically need to be on payroll? (I did not allow for payroll expenses in my budget).
The only people who would be working at my office on a regular basis for the year are editing assistants and the editor.
Please Advise.
Thank you!

Hi Everyone,

A friend suggested I create a sequence of "best shots" from my trip to Egypt. I guess this is under "research", "Egyptian Identity", silly ideas as to what that might be....misconceptions I've seen personally or in media/film, whether negative or positive where what interested me at first...am I mixed in there somewhere as Erica suggested a while ago?

A 41MB H264 QuickTime Movie (no sound) is at:

http://larci.com/Demos/EgyptShots.mov

Judy, considering that you have an ITVS contract, you might want to consider applying for member status on this website – it will open up a lot more forums and chances to get more feedback on a question like that. That said (and not being an accountant/lawyer), my best advice would actually be to talk directly with ITVS. They obviously have a vested interest in you managing to finish your project, so they'll be able to better advise (or point you in the right direction of someone else who might) and from all accounts, are very helpful in general. My understanding of an LLC is that it's akin to any corporation, so you should be able to pay people the same way anyone with a company might – but, please, don't take my word on it as I'm not a lawyer/tax accountant, I just know that a lot of films are set up as LLCs and must also deal with this dilemma. Hope some of that is helpful and good luck!

judy, i think what eli says is right. i'm not quite sure why you would process your ITVS funds through a fiscal sponsor anyways – ITVS doesn't need a tax-deductible receipt from you. the only entities that go through your fiscal sponsor are 1) individuals who want to deduct their donations from their taxes; and 2) foundations or corporations who have a policy of only donating funds to non-profit organizations. so i think you have nothing to worry about...

for the record, i have an LLC and i pay my independent contractors through it. the question of whether your crew are considered employees has nothing to do with paying them through an LLC (or other such corporation). the employee designation has more to do with whether they are truly functioning independently from your constant supervision, and a few other key provisions that you can easily google...

Hi All;
I'm getting ready to do a documentary about leader dogs for the blind. This project will take about two years to complete. I was told to look for grant money but, don't have a clue where to start and this project will start in January 2009. I have most of the equipment because of video work that I've done before for example Canon XL1s cameras. I will also do all my own editing in FC studio. This is the first project of this size and if I can get it done right, the org. that I'm working with could get a lot of donations and help me as well.
Thanks for your time
Tom

Filmaka offers funding to unknown filmmakers around the world and provides a chance to step up in to professional cinema and TV. Last year Filmaka commissioned over 40 web series to filmmakers across the planet, from Tokyo to Mexico City, and awarded $5 million in production funding to a Londoner, Nuru Rimington-Mkali, to direct his feature film. Filmaka has launched some new features to enhance its reach to professional film makers:-

1) Ability to compose a professional portfolio: You can now create an online portfolio by uploading samples of your work to the personal films section of your profile. Let industry professionals discover you through Filmaka now. Click here to upload the samples of your work http://www.filmaka.com/filmaka_upload_master.php

2) Filmaka Forums: Advertise your services to the biggest community of online professional film makers. Access http://www.filmaka.com/forums/ to post your casting calls, equipment needs and reviews and read reviews for the latest Hollywood releases.

3) More Exciting Branded competitions launched every fortnight: Filmaka has released more than two million dollars as prize money to its film makers through its branded competitions most recent ones being with Ford, Cisco, MSN, Red Bull, FX and SAB Miller.

4) Enhanced Community features: Filmaka members can now upload personal pictures, Bios, CV's and personalize there profiles to make them more elaborate and detailed for fellow film makers, producers and actors. Members can write reviews about fellow film makers competition entries, post private messages to each other and also embed there favorite videos in there profiles on other websites.

5) More Web Series: Filmaka has more than 25 web series in production with a new episode being launched every Monday and Thursday, watching webisodes was never more exciting, Every series has there own dedicated page with all actors, characters and directors profiles, bios, making of and pictures. To check more details check the Filmaka Channel homepage http://www.filmaka.com/filmaka_channel.php

Check out the most exciting professional film maker's database at http://www.filmaka.com . For more details contact the online support chat from the contact us page.

Good morning Mansi;
Thanks you very much for this information. I'll check into all of this
Have a really great day!
Tom

Egyptian Identity V2 – 11+ minutes, subtitles begun, audio, very raw.

Not many responses (none actually!) on my last mentoring request, maybe this time will be different?

http://vimeo.com/2216268

Thanks in advance

What's your actual request, Sam? Feedback?

You know Doug, Yes! Feedback PLEASE!

I should have made it clear I was looking for feedback, but this was the mentoring section so I made some silly assumptions :)

Does anyone have any incite on the legality and public domain issues in using youtube-like videos posted on the web? I know that formally copyrighted material is a no go, but what if, say, I want to use a video of Joe-Sixpack (ahem) taken at a bar and posted by his girlfriend, Josephine. Any chance Joe can bust me on this? Thanks! Rob.

Robert:
One of the dirty secrets of the legal industry is the concept of "exposure." It means how likely you are to be sued by someone, and how likely it will end up costing you loads of money.
In the scenario you described, I'd say your exposure was zero, meaning not to worry about Joe Six. Now, if you were Steven Spielberg then Joe Six (and his lawyer) would probably figure you are loaded and come after you. Conversly, if Joe Six actually turned out to be Joe Pesci, he might come after you (and not just with his lawyer).
So, no responsible person would condone or encourage you to break the law. But you got me instead, the realist. Bottom line: Joe Six CAN "come after you" but it's not likely he will, and if he did, you would get a letter telling you to cease and desist before appearing before any judge.

In reply to Sam Rabeeh's post on Tue 11 Nov 2008 23:18 UTC :

Sam: your description says "Raw video and sound" so are you asking for feedback on just your camera work and sound, not the editing?

In reply to Robert Shore's post on Wed 12 Nov 2008 :

One more thing about exposure. If you are going to use it in film that becomes well-known then your exposure increases. If it's for some fraternity gag film night then not likely. You getting the idea?

Hi D-Word,

I would like to get some advices or creative ideas on how to finance films through the internet.

Thomas:
Have you googled Sundance Documentary Fund? There are plenty of grants programs out there, but that's the first one off the top of my head, and it's actually VERY competitive. What you should also do (if you haven't already) is become a member of the International Documentary Association. They offer fiscal sponsorship to many indie docs, so you can accept donation$ through them!!! Check them out at:
http://documentary.org

Robert:
If you wanna use that footage, you still need a release from the subjects who appear in it, including the Joe Schmoe who happens to be the bf of the girl who uploaded it. Also, as far as ownership goes, I think that could be a battle between the person who shot/uploaded it and Youtube, but I don't know of Youtube having any sort of exclusivity policy, so if you can get your hands on the original footage, use that instead. Youtube video quality sucks anyway!
http://www.youtube.com/t/privacy
http://www.youtube.com/t/terms

Marianne:
Check out this blog from my friend. She's edited many major projects and has some good insight on how to get your film out there on the web.
http://documentaryinsider.blogspot.com/2008/08/online-distribution.html

Good luck to you guys!! Email me if you like'd more info!!!

Thanks for all your help on the youtube issue. Like so many things, it's clearly unclear. Another question (sorry, kind of learning as I go on this project): I'm thinking about investing in some HD cameras. I have the budget to buy something a bit bigger and fancier (thinking about the Sony EX1) and something a bit less expensive and more easily portable (maybe the Sony A1U). I am concerned about the compatibility of the images. Does anyone have any experience with this? Will the images flush visually if cut end to end? Thanks again,

Rob.

In reply to Mark Barroso's post on Thu 13 Nov 2008 :

Hi Mark, you can reply on anything. I'm open to advice especially the cinematography as I had difficulty keeping things framed and even making decisions on framing as "everything was happening at the same time".

In reply to Marianne Hjorth Nielsen 's post on Thu 13 Nov 2008 :

I think your question is too general. What kind of film are you talking about?

I have personally been funding my own documentary project and I have run out of funds. When I began the project I really didn't know how extremely detailed I would have to be to complete it. In the beginning I was just thinking of a way to make money, but when I began to understand what it took to create a quality project I knew that I might be in over my head. I hired and trusted someone who I was told knew what they were doing. All that happened was I got cheated out of money. So I got my own camera, a Sony FX1 and a mac pro lap top and began to shoot my own project. I am about 80% complete but just need funding to complete it. How would I go about getting funding for it?

Friends and family are the usual starting points, Charles. Then there's everyone you know. Probably not what you wanted to hear, right? Anyway, would help to know what your doc is about.

charles, if your doc has an obvious social issue associated with it – e.g., education, civil rights, poverty alleviation, global warming – then there are a host of foundations and film organizations which have grant programs available. if your doc does not have any such link to social issues, then you'll find the grant world pretty slim pickings.

for minority filmmakers like you and me, there are always film orgs like NBPC (National Black Programming Consortium) that have grants available. these grants, however, are highly competitive.

for you, the best thing to do would be to make a fundraising trailer (2-5 minutes) and show it to individuals and other organizations who can either fund you, or put you in contact with others who can.

I'm looking for answers Doug, those I want to hear and those I don't. I'm actually going through that short list of people right now. My documentary is entitled, MODERN DAY GANGSTA "Hood Pollitics". It's about a small community in Long Beach California that is occupied by two gang factions, the Insane Crips and the Rollin 20 Crips. They share the same streets, the same friends and families, the same history. They are so closely related that they could be considered family, in some cases they are, and they are killing each other at an alarming rate. The funerals are numbing and have become common. The questions are many but the answers are few. There is no real justice for the families. The code of silence in the community is stifling. Young black men are being put away for the rest of their lives. The danger in shooting this project is real and frightening, but it's a story that must be told.

I have done time in city and county jails, state and federal prisons. I was a product of everything that is wrong with that community, and although I was never involved with either of the two gangs, I was a part of the same social and psychological retardation process that has affected many in that part of the Long Beach community.

I have a Sony FX1 and a mac pro laptop computer. I have hired a professional to do the final edit. I have accumulated a great deal of footage and I'm clear on the direction of the doc. I have a young man from each gang and telling the story through their eyes. They still have gang affiliations, however they have become community activsts, have great jobs and are willing to put themselves on the line to get this story out.

What I like about this site is that it is so informative. If you take the time to read over the many questions and answers from other Enthusiasts and Members, many of your questions will be answered, not to mention the plethora of sites posted. It's absolutely amazing and I truly appreciate all of the information and I want to thank you for allowing people like me to be a part of such a worthwhile site.

Thanks Christopher for the advice. I read the comment you wrote on Monica's 10 minute trailer and I found it quite informative. I will check out the NBPC and I'm confident that my documentary will comply with some of the criteria they are asking for. When I read the comment you sent to Monica it made me take a closer look at my own. Keep up the good work brother and thanks again.

you're welcome, charles. looks like you have a wonderful project – and it sounds much more compelling than the "MADE IN AMERICA" doc recently done by Stacey Peralta. since you have the insider perspective, i can't help but think that NBPC would be interested. also, in addition to NBPC, you should also apply to ITVS. btw, if you are a first time filmmaker, you will probably be obligated to pull an experienced Executive Producer on board in order to qualify for funding. but with your storyline, that shouldn't be a problem. best of luck!

Sounds like a very strong project, Charles, as Chris says. The very first thing you should do is apply for full membership in The D-Word. It will give you access to all the discussion topics.