Do you need to have a Production Company name when you make your first Feature?

[rebbons]

And if so, what are the risks if you don't Establish your own Production Company before you release your feature and put just yourself as the sole Producer?

I don't think many newbies know this but.......

In order to get a Production Company trademark name established within your state, it costs around $100 bucks.

In order to get a Production Company trademark name established Nationally, it costs around $500 bucks.

In order to get a Production Company trademark name established Internationally, it costs around $15,000... (Distributing your film internationally, like through DVD selling)

I don't think a lot of filmmakers know this, they just go around making up some cheesy Production name and pass it off as there's like "Cheesy Bread Pasta Production Company", not knowing, that if they plan on doing any legitamate business with their Production Company name, a Tradepark patton is required. And they can be extremely expensive.

So to avoid all of the cost frenzies, can't you just call yourself the Producer with no Production Company and do business internationally without cost frenzies? Like selling DVD Internationally etc.

Opinions on this?

 

[Maxsdad]

You can file for an international trademark (without an attorney) through what's known as "the Madrid Protocol" and the certification fee is only $150, although I'd rather pay an attorney and not have the headaches. And the quote I received from an entertainment attorney was closer to $3500. YMMV.

 

[mikemintzdj]

My understanding of Trademarks are that they are necessary to protect your work. So to speak, if I have an inherent copyright on 9-0 Films (since I have proof of when I started using the title) then I can produce films under that title. If I want to prevent anybody else from using the title 9-0 Films or more specifically, profiting from it then I would need to Trademark it.

 

[Chris Tempel]

Those fees are not "required" for any form of distribution. They're there to protect the brand if you desire said protection.

 

[Scoopicman]

I've been "doing business as" Midnight Sun Entertainment. It is used for tax purposes. For that, I got a Sole Proprietor's license. I've had several movies distributed under that. Obviously, an LLC would protect me better. I plan on going that route, eventually.

 

[Aspiring Mogul]

I have seen this issue come up again and again, so here's my take.

In the first place, if an aspiring producer is going to skimp on costs of a few hundred dollars, he will almost certainly have cash flow problems. What he must do is to ensure that he has enough cash on hand and enough credit line to go through the cash burn that will happen. To be honest, if he cannot do that, he should not start a major project like film.

In the second place, if a producer starts a company, he can give shares to his cast and crew, which may be important if they are to work without cash.

In the third place, there may be tax advantages to starting a company, as opposed to a sole proprietorship, but you will have to speak to a specialist in film and tax as to how true this would be in your jurisdiction.

Last, but certainly least, before anyone talks of trademark or copyright, known as intellectual property, he has to deal with the above issues, and he must get an accounting system in place.

Good luck.

 

[directorik]

For clarity:

A trademark is a sign or design. For example; “Universal Pictures” and
“Lionsgate” cannot be trademarked. The logos can be. You cannot
trademark a name.

if they plan on doing any legitamate business with their Production Company name, a Tradepark patton is required.

I'm assuming you mean a patent. You can get a patent on an invention;
defined as a product or a process – not on a name. There is no such thing
as a trademark patent.

An individual can sell DVD's internationally – no prodCo needed. An individual
can make and sell a movie – no prodCo needed.

And if so, what are the risks if you don't Establish your own Production Company before you release your feature and put just yourself as the sole Producer?

As Scoopicman said, establishing a LLC will protect an individual in business.
Doing business as a Sole Proprietor opens you up personally to any legal issues.

 

[mikemintzdj]

I love director Rik but I'm going to politely disagree. I used to host a radio program called The Wicked Awesome Show. My station wanted to sell merchandise with this title on it (t shirts etc). However we ran into a bit of a snag because it turned out that the phrase Wicked Awesome had already been trademarked. Eventually we were able to work our a deal that as long as our merchandise stated The Wicked Awesome Show in full, then it would be different enough.

 

[directorik]

Trademark can be complicated. According to the U.S. Patent and
Trademark Office a trademark is a "word, phrase, symbol or design,
or a combination of words, phrases, symbols or designs, that identifies
and distinguishes the source of goods of one party from those of
others," So a phrase can be trademarked under some circumstances.
A production company name is not a phrase. A name cannot be
trademarked. To continue my example the word “universal” cannot
be trademarked. Nor can “lionsgate”.

“wicked awesome” is trademarked for use to sell goods. As you found
out you can use “wicked awesome” as the name of a radio program.
There is a “Wicked Awesome Productions” and a “Wicked Awesome
Entertainment”. Those names does not have a trademark and are not
infringing on your radio show or the seller of clothing, footwear and
headgear.

So a filmmaker does not need a "production company trademark" to sell
a movie. They should register their business name or even file a LLC
but they may not even be able to trademark their name. If the name is
a commonly used phrase like "wicked awesome" the filmmaker may be
able to trademark the phrase and drawing (which include any unique font)
for movie production.

 

[mus]

You can only trademark common phrases if there's something unique about the way you've designed it, like, for example, McDonald's' "i'm lovin' it"

That absent G at the end of 'loving' and the apostrophe makes it distinguishable from someone simply saying the phrase in text, and therefore belongs to them. Same as their unique M logo with the golden arches.

 

[Scoopicman]

Lots of talks about Trademarks, etc. I've never used them. As the producer of the movie, you should be concerned about having a clear chain of title to your movie. There is nothing worse than completing a movie and then having to chase down releases and having someone refuse to sign, because they want to screw you over. Cover your butt, before shooting, with the following:

Actor releases
Location releases
Composer releases - you need a Cue Sheet that accounts for every piece of music used, whether background or score.
Sound FX
Cinematographer releases (including stills). The D.P. is author of the images.
Screenwriter
Set designer
Props designer
Visual EFX artist
Any contributing performer or artist.

Basically, you need a release from anyone who created (or is part of) the image, soundtrack and anything in/on it.

During production, avoid logos (including clothing and hats), artwork, photos, etc., unless you have permission to show them. I would not shoot a scene in front of a McDonald's logo, for example. However, if during a car scene, you briefly pass by a McDonald's, it is generally considered incidental background and that's okay. You can show a Chevy car, but don't get a closeup of the logo.

With Photoshop, it is very easy to create fake labels for bottles, cereal boxes, etc.

Many distributors demand you to have Errors & Omissions insurance, to cover any problems that arise from artist or company lawsuits. This is not cheap. My rep has negotiated for the party insisting on it, to pay for it.


QCR:
Movies have to be technically good enough to pass a Quality Control Report. The audio and images have to be up to spec. I was surprised at some of the things they docked me on - any line of dialogue that had even slight distortion (like when an actor yells) - I had do redub it. If there was a blank (black) frame between edits, it was called a "mis-fire" and had to be fixed. I used some digital shadowing on one shot and they didn't like it ("image anomally"). Your blacks had better be black and image colors broadcast quality.

Finally, you will get a contract the length of a small book. Good luck!


EDIT: I haven't even discussed permits, which require a bond and worker's compensation insurance, usually. I often shoot on private property and get a release.