LLC/Corporation Necessity

[RickP]

I am the writer and director of a short film that I plan on producing as well with little to no budget in the state of Florida. I have a good DP and some quality equipment and a bunch of friends willing to volunteer.

My dilemma is in whether or not to form an LLC/Corporation. Essentially all I want to be able to do is show a logo in the beginning with a fictitious production company name more or less just as a mark. What I figured I would do is register the name as a fictitious name in the state of Floria which I think would be good for 5 years. And then next, after coming up with the logo art, trademark the logo as well.

I plan on doing a lot of the filming guerrilla style where, against others' advise, I will be ignoring the possibility of getting sued (however if I don't have a company I don't know who they would come after legally if they don't know who I am). With that being said, as far as insurance goes I am not really concerned, so I wouldn't think I would need an LLC for that reason.

Furthermore I will not be acting as a production company in the sense of having potential clients come to me and say 'will you produce my movie'. This is strictly for me and my close network of people who want to volunteer. No one will be getting paid. Again, I wouldn't think I would need and LLC for this reason either.

Really my only concern with solely doing the fictitious name and the trademarked logo is that after the film is done and edited, I want to be the one who has ownership of it. I don't want it to be able to just get in anyone's hands and have no way of proving it's mine. Would, at this point, the legal thing to do just be to copyright the entire film under my name?

Any and all information regarding my concern would be greatly appreciated. Thanks.

-Rick

 

[RickP]

If I may jump in ...

You would be in charge because, as the sole shareholder of the corporation, you would be the director, president, and secretary. And, since it's a small production, you would be in charge AND you would be sued if that electricity gizmo catches fire and causes damage.

They will get your name. You may want to speak to a lawyer in your locality.

Well I have decided against a corporation. I will be the director but technically that is all the rest of the cast and crew will know about. Yeah I'm sure they would be able to find my name eventually, I was just trying to make a point about the possibility of anonymity.

 

[RickP]

Are you interested in understanding? Or are you interested in proving
YOU are right? I know a lot about this issue.

I thought you were the one in charge because of your first post. Are
we all wrong?

I'm sure you can come up with several examples. But yes, YOU would
the person "in charge" because you are the director. Now if this buddy
of yours who only wants to run the electricity for a set is the producer
then he is in charge. If he isn't acting as producer the you going to be
considered the one in charge because you are the director. In this example
you will spend a LOT of money on legal fees to place the legal blame on
your buddy.

A lawyer looking to assess damages for their client will find the person
you are covering for. And if it's discovered that you created a non-
existent person for the purpose of avoiding taking legal responsibility
there could be other legal issues you will have to face.

You are deliberately using an example you know to be false to "prove"
your point. A writer or director using a different name on the credits
is not the same as someone using a false name to avoid legal liability.
I know you know that. For example; if you were getting paid to direct
and you wanted to use "Director X" the payroll check would not be cut
to Director X - it would be in your name with you SS number regardless
of what was seen on screen.

If you do not want to insure your production then don't insure it. But
don't argue and fight the legal risks you take by not insuring it. It's a
risk. Only YOU know if it's a risk worth taking. I suggest you NEVER
underestimate what people will do when injury and money are involved.
Even friends.

-Of course I am interested in understanding that's why I am on here, I am just trying to throw out some examples of ways to beat the system to keep you on your toes.

-Yes I will be the one in charge but what I am saying is if it were to keep me safe, hypothetically I could make it to where no one really knows that. I can present the project as a volunteer job for everyone. My duty will be to direct but technically that's it as far as the rest of the cast/crew is concerned. I am saying a lot of what I am saying for the sake of argument.

-Answering the question about me being in charge because I am the director is what I am interested in. Why exactly do you believe this to be the case?

-With your director x comment, I will NOT be getting paid and my social security number will not be in anyone's hands so my situation does not apply.

- I appreciate the advice and I will never underestimate anyone in this world. I am being a little over hypothetical with my what-if scenarios but I am trying to get to the bottom of how people would be able to put blame on me as only the volunteer director.

 

[Zensteve]

I am saying a lot of what I am saying for the sake of argument.

Well, have fun at it... I guess. Won't be wasting any more of my time on this thread, at any rate..

It's weird enough being all squirelly about sidestepping responsibilty for your actions, let alone being argumentative and just plain making shit up as you go.

 

[Aspiring Mogul]

-Answering the question about me being in charge because I am the director is what I am interested in. Why exactly do you believe this to be the case?

Get liability insurance and speak to a lawyer about any other pitfalls.

 

[GuerrillaAngel]

Just a reminder. Once you post anything in cyberspace, it could come back to haunt you. There is the possibility that what you already posted could be used against you in the future. It is hard to be anonymous even with psuedonames.

Exactly. I was going to mention that if he had talked to an actual lawyer, the first thing the lawyer would say is to shut up!