ORGANIZING, FINANCING, AND OPERATING A START-UP ENTERTAINMENT PRODUCTION COMPANY Monday nights, 7:00-10:00 pm September 20, 2009 - December 6, 2009 Twelve Meetings Instructors: Patrick J. Gorman David Albert Pierce 121 Dodd Hall Reg #: V8201 Course #: X 402.32 Syllabus as of September 19, 2010 All entrepreneurs all face the same challenge: How does one establish a new enterprise on a solid foundation, stay in business, and cultivate long-term growth? Entertainment pursuits require the same approach as any other enterprise. Many talented individuals choose entrepreneurship rather than a salaried job, but do not know how to go about it. The organizational, financial, and operational responsibilities of doing business are daunting. This course is a practical primer on starting a business, staying in business, and thriving over the long life of the company. Textbook materials and hypothetical and real-world case studies of new production entities address typical business planning, implementation, and management issues. Guest speakers with experience in financing, accounting, public relations, marketing, and management of entertainment companies illuminate various real-life scenarios. Students taking the course for a grade will take a final exam covering real life issues that confront producers. In addition, students are encouraged to submit their own business plan. Those submitting business plans may receive extra credit for the course. Fulfills Management and Strategic Planning requirement in Certificate Programs in the Business and Management of Entertainment. While the class lectures will be supplemented with reading material supplied by the instructors, and a suggested bibliography is provided, the final exam will be based primarily on the material and information supplied in the class lectures. Students should try to attend all of the class sessions. The instructors are PATRICK J. GORMAN, Esquire and DAVID ALBERT PIERCE, Esquire. Both are practicing entertainment attorneys. Mr. Gorman and Mr. Pierce represent a variety of both start-up and established entertainment companies in the field of independent film production, music, television and new media/internet, as well as actors, motion picture producers, directors, writers, musicians, songwriters, and comedians. -1-
The PROGRAM (All lecture topics are subject to rescheduling): Week 1 (September 20): INTRODUCTION Lecture Topics: Course Summary Class Survey Entrepreneurship The Business Plan Organizing, Financing, and Operating a Start-up Entertainment Production Company Week 2 (September 27): FINANCING I: ENTITIES & RAISING CAPITAL Lecture Topics: Forms of business entities (partnerships, corporations, LLCs, etc.). Methods of raising capital. Securities law compliance. Week 3 (October 4): FINANCING II: LOANS, PRE-SALES, TAX CREDITS Lecturer Topics: Film financing. Types of Available Loans, How To Qualify Role of Pre-Sales, Sales Agents, Producer s Reps Completion Bonds Tax Credits Advanced business plans. Production-related business plans. Week 4 (October 11): MOTION PICTURES Lecture Topics: The role of film producer. Film production issues. Production & distribution deals. Advanced business plans Production related business plans. Week 5 (October 18): TELEVISION/NEW MEDIA Lecturer Topics: Business and the economics of television. TV pitches and pilot process Show running Script v. Non-Scripted Reality Changing Landscape of TV New Media issues Week 6 (October 25): MUSIC Lecture Topics: Music concepts. Music publishing. Licensing for film and television. Record deals and music distribution. -2-
Week 7 (November 1): INTELLECTUAL PROPERTY I: PROTECTING YOURS Lecturer Topics: Copyright, trademark, patent. Protecting ideas and proprietary information. Chain of title. Week 8 (November 8): INTELLECTUAL PROPERTY II: NOT INFRINGING ON OTHERS Lecture Topics: Clearance Issues Week 9 (November 15): GOVERNMENT REGULATIONS; EMPLOYMENT LAW Lecture Topics: Government regulations. Labor & employment laws. Talent & crew contracts. Unions & guilds. Small business accounting. Week 10 (November 22): MARKETING & PUBLICITY Lecture Topics: Identifying the customer, enticing them to buy. Marketing plan. Press releases. Distribution venues. Week 11 (November 29): COURSE OVERVIEW Lecture Topics: Course Overview Coverage of matters not covered earlier in class Guest speakers who were unable to attend on scheduled day Student Q&A re: exam, business plans or other items Course Evaluations Week 12 (December 6): FINAL EXAM / BUSINESS PLAN SUBMISSION 7:00-8:45 p.m. Additional wrap up of matters 9:00-10 p.m. Final exam and business plan submission. -3-
After-class meeting venue: Jerry s Famous Deli 10925 Weyburn Avenue Westwood, CA 90024 Tel: (310) 208-3354 Instructor contact information: David Albert Pierce Patrick J. Gorman Pierce Law Group LLP The Law Offices of Patrick J. Gorman 9100 Wilshire Boulevard Beverly Hills, CA 90212 Suite 225, East Tower tel: (310) 274-8488 Beverly Hills, CA 90212 Skype: patrickgorman1 tel: (310) 274-9191 x224 fax: (310) 274-9151 e: pjgucla@gmail.com e: david@piercelawgroupllp.com -4-
Entrepreneurship: SUGGESTED BIBLIOGRAPHY How to Start, Run, and Stay in Business: The Nuts-and-Bolts Guide to Turning Your Business Dream Into a Reality, written by Gregory F. Kishel & Patricia Gunter Kishel, published by John Wiley & Sons, Inc. Small Business Legal Smarts, written by Deborah L. Jacobs, published by Bloomberg Press. Film & Television: Music: Hello, Lied the Agent: And Other Bull**** You Hear as a Hollywood TV Writer, by Ian Gurvitz, published by Phoenix Books. Hollywood Dealmaking: Negotiating Talent Agreements, by Dina Appleton & Daniel Yanelvits published by Allworth Press. Contracts for The Film & Television Industry by Lark Litwak published by Soman-James. How To Agent Your Agent, by Nancy Rainford, published by Watson-Guptill Publications. Story: Substance, Structure, Style, and the Principles of Screenwriting. by Robert McGee published by HarperCollins. This Business of Music, by William M. Krasilovsky, and Sidney Shemel published by Billboard Books. Music, Money, and Success, by Jeffrey Brabec and Tom Brabec published by Schirmer Books. All You Need to Know About the Music Business, by Donald S. Passman, published by Simon & Schuster. The Musician s Guide Through the Legal Jungle, by Joy R. Butler. Legal Aspects of the Music Business, by Richard Schulenberg. -5-