I'm glad my site is creating such robust debate.
You really like the word "robust", don't you? (saw your reply to film clip on youtube and some forum posts of yours tend to start with a "robust"... don't you feel a little weirded out that I know so much about you? God knows I do!)... alright.. I'm sober now, so let's address this properly...
Indie Maverick has been set up by filmmakers to help other filmmakers raise their film's budget, simple.
Which is why after some digging, I rephrased my comment to: "I'd soften my argument from "Scam" to "Naive attempt". It looks like the legal department and web design team is the same retarded 2-year old."
.... which is still rude as all hell, considering you've got the right intent, so I apologize, but still.... read on...
1. Once you click submit you are "f**ked" you've signed away your soul.
This is the furthest thing from the truth. The only thing you commit to is keeping your film on the site for one year. If your budget isn't raised then after one year you can continue to list your film or remove it...... simple.....no obligation to anything after that.
Perhaps how I phrased it was harsh, because to some degree "clicking submit" has to be legally phrased as "agreeing to the terms".. but it's actually the REST of the terms that I find to be very sketchy!
If your budget is raised, good for you. You get to make your film. You have complete artistic control. You can sell it to whom ever you want. The only thing we ask for is a title card at the front of the film, a trailer that we can stream off the site to help promote your film and the right to download the film after any cinema or dvd run. We take no profit from the film other that a 30% cut of the download, all other profit is split between the filmmakers and investors.
By singing terms and conditions that give IndieMaverick the rights to a digital download after a theatrical/dvd release, I doubt a single distributor on this planet would buy the movie, considering that:
This is essentially signing on with a distributor for digital downloads... trying to sell the movie to a real distributor would be like asking out a girl on the condition that when you're done with her, she has to sleep with your friends. Since most distribution contracts require some degree of exclusivity across formats, signing on with IndieMaverick will most likely prevent the film from being sold. Also, if someone DOES sell a film (along with the rights), the filmmaker could be held liable if the distributor isn't made aware of the pre-existing agreement... especially if the distributor wants to host the film online for download!
Also, the "complete artistic control" is great on low-budget, self-funded shorts... but what this also means, is that investors could unwittingly end up funding something they might not want to fund... like porn, or hate speech or a sequel to a movie that the filmmaker doesn't have the rights to... since the filmmaker has COMPLETE artistic freedom, and Indiemaverick doesn't seem to provide legal council beyond "meeting" the filmmaker, this is a big can of worms just waiting to explode.
Worms. In a Can. Can of Worms. Or Snakes. whatever.
2. Investors need to invest a minimum of $25 to receive a DVD.
Read your own Terms and Conditions... I quote:
"3.4 After the film has been completed the producers will produce a limited edition DVD of the Film. The Investor will receive a copy of this limited edition DVD or a download of the film. Investors must pay for the postage of the DVD if they wish for it to be mailed to their address."
It doesn't say anything about $25 minimums there. It says they get a DVD and they have to pay for postage.
3. If we believe a filmmmaker is being fraudulant or cannot make the film, the investors moneis will be credited back to their accounts less anything that has already been spent. We believe this to be better than losing their entire investment. At indiemaverick see the protection of investors as paramount. We meet or skype with filmmakers before any monies are released to assess if the filmmakers can make their films for the budget they have stated and are not fraudulent.
So all you do to protect investor assets is to CALL or MEET the filmmaker? How about a background check? Previous work experience? Proof or documentation? Copyrights? Do you get lawyers and detectives on the case, or is it just "gut feelings"???
And you say that you only meet with filmmakers if the budget is over $50,000... probably because part of the film budget pays for your flight, right? Either way, I'm SURE that you've got the right intentions... but your Terms of Service are full of loopholes... so basically, we just have "your word"...
Here's a fun example..
I make a filmmaker account on your site for a movie called "Macbeth 3000: This time, it's personal". Let's say I get 800 people to invest $25 each... that's $20,000! The next day, I get a skype phone call from a Mr. Shane T Hall. Since it's under 50k, you won't bother meeting me face-to-face, but I use my phone skills to convince you to give me all that money.
NOW, since I've actually already made a feature film called Macbeth 3000 (3 years ago, for under 10k, mind you), I could just pocket the money and send you that film.. there's $10,000 profit for me, and the work is already done!
Of course, I have to now make 800 DVDs, so really, it'll only be about $5000 profit, but hey, at least i dont have to pay for shipping.. i'll just have to contact ALL 800 investors myself and arrange with them to ship pre-paid. Envelopes alone will probably cost around $1000, so I'm down to $4000 profit... but this is even BEFORE you've started charging for downloads of the movie on your site...
If I had spent all 20k on making the movie, I'd be $6000 in the hole.
Conclusion: Even if I scam YOU, I'm still not making enough money to justify this kind of effort.
Personally I don't think a filmmaker is going to write a script, put up their crast and crews cv's, make short films and a trailer, maket and promote their film to get investors to the site and then run off with the money. Having said that there are people that just might so this is why we have the assessment meeting and we will be able to assess pretty quickly if these people are filmmakers or not and can make their film.
Personally I don't think a site like yours would actually go to all that trouble just to rip people off, but consider this an assessment... and my GUT is telling me that I SINCERELY doubt that I would be able to fund a film from your website, let alone make ANY money back (I'd probably have to use the film's budget to make DVDs for the investors). I SINCERELY doubt that "investors" are out trolling the internet, looking to invest $1-$25 dollars in a film where they have to pay postage to get the DVD, IF they get the DVD... in fact, they don't even get credit unless they contribute 1% of the budget... so really, you're spending $25 on the HOPE that you'll be able to pay for Shipping charges on a potential DVD of a movie that you have NO SAY about the content and probably won't ever get wide release because a distributor in their right mind wouldn't pick up a film with a pre-exisiting concept.
And if the filmmaker GETS the money and MAKES the film but DOESN'T send out the DVDS, what then? Will you track down the filmmaker? What then?
We are not 'scammers' as has been stated but are honest people trying to create a market place where filmmakers and investors can meet to help get more independent films made and distributed.
Ok, so you're honest... doesn't mean that you didn't do your research. I've never even TALKED to a lawyer before in my life, and I can see a loophole in pretty much every term and condition on your site.
I also notice that half the films on your site are either yours. The only films with all the details filled out belong to you or your crew... and coincidentally they are the ones with the most "funding"...
Basically, instead of helping create a "market for investors and filmmakers to meet in", you're adding to the problem. Anyone with half a brain would see the problems with your site and probably come to the conclusion that obtaining funding over the internet in this method is worth more trouble than anything.
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OK, look, I don't think I even need to continue with this...
It's obvious to me that this website is more aimed at getting investors for YOUR films and making a few bucks here and there, and that even if there are good intentions under the surface, the methods, planning and legalities behind the site are dubious AT BEST.
Instead of continuing this rant and wasting my precious time, I'll quote a few more dodgey lines and let people figure it out for themselves.
Thanks,
Spatula