Friday, 25 th January, 2008 Filmbase, Curved Street, Temple Bar Low Budget Filmmaking & Completion Funding – A Reality Check

LOW BUDGET FILMMAKING Why go low-budget? International success of guerrilla filmmaking - ‘El Mariachi’, ‘Clerks’, ‘The Blair Witch Project’. Digital filmmaking equipment and editing software easily accessible and affordable. Cost of stock minimal. New distribution platforms – digital cinema, DVD, VOD, internet.

LOW BUDGET FILMMAKING What is the downside? Not able to make full delivery for a sales agent or distributor or festival. May not have used experienced production lawyer or production accountant. Remain liable for repayment of development funding.

LOW BUDGET FILMMAKING The Irish Success Story – ‘Once’ Audience Award at Sundance US$9,400,000 at US box office alone Over 30 territories sold Academy Award Nomination for ‘Best Song’

IRISH FILM BOARD SCHEMES Micro Budget Irish Film Board can fully fund a project up to €100,000 Very rarely awarded. Low Budget Over that figure and up to €1.5m IFB can provide up to 65% with a cap of €750,000

CATALYST PROJECT 3 feature films with cash budgets of €250,000 each. Supported by Irish Film Board, BCI, Filmbase, the Arts Council, TV3 and Screen Training Ireland. Seminars held in April, applications submitted. Projects to commence production in Spring 2008.

IFB COMPLETION FUNDING Feature Film Projects Selected for Completion Funding 2005 Pavee Lackeen 2006 Capital Letters 2007Speed Dating The Englishman

Once Speed Dating

COMPLETION FUNDING REQUIREMENTS Management and financing of production to date is transparent and clearly professional. IFB to receive a full cost report for work to date. Other financiers to date to agree terms of IFB investment. Production to have had production insurance in place and be capable of E&O insurance cover.

COMPLETION FUNDING REQUIREMENTS IFB investment provided on a last-in first-out basis. Completion funding recouped in first position. Producer will have 25% internal corridor through IFB recoupment to facilitate any existing investors. Projects not eligible for P&A support if not in receipt of IFB production or completion funding.

ERRORS AND OMISSIONS Has chain of title been thoroughly investigated and cleared? Have all contributors (writers, director, producers, performers, DOP, costume and production designers, editors and composers) waived in full their ‘moral’ rights and granted you right to modify or edit their contribution? Have all producers and directors waived all their rights as ‘author’? Have all performers given consent to the recording of their performance?

ERRORS AND OMISSIONS In the case of fictional characters has a full cast negative check been carried out also of business names etc? Have the following musical rights been obtained from the composer and/or performers of specially commissioned music and/or cleared with the owners of pre-existing music and/or recordings? Recording and synchronisation; Performing rights; Right to distribute for all forms of distribution.

RULES TO LIVE BY ON SET 1.Think before you ask. If you ask permission it is proof positive on the date that you asked you believed that you needed permission. Even a request loaded with hedge words and disclaimers is still a request. 2.If you need a specific permission or agreement, you must get it in writing, or if not at least on film. 3.Always have alternatives in mind when you ask for a permission. 4.Once you obtain a release, keep the original in your permanent file and have a copy on set.

RULES TO LIVE BY ON SET 5.All music, even a riff, must be cleared. 6.All clips from copyrighted films must be cleared, together with the music and often various recognizable persons in them, plus the clip’s directors and writers. 7.You have every right to make a realistic film. Therefore all the trademarks and product names that show up in a realistic film are fair game. As long as the products are used properly and safely as the manufacturers intended, you may use them without obtaining permission. However if the intended use could damage the reputation of the owner of the trademark it cannot be used.

RULES TO LIVE BY ON SET 8.If you cannot obtain a permission, create your own original object. Do not create a knock-off of the copyrighted object. 9.Private persons have a right to remain private. You do not have a right to use the name of a living person in an identifiable way. For the same reason never use an actual phone number, address, or license plate available in the actual service area where your film is set. 10.When in doubt consult with an experienced clearance lawyer. Taken from ‘Clearance and Copyright’ by Michael C Donaldson.

MARK BYRNE BUSINESS AND LEGAL EXECUTIVE IRISH FILM BOARD