How To Produce An Independent Film

Written By: Jason Sirotin
Edited By: Jason Marraccini

Jason Sirotin has produced eleven feature length narrative and documentary films, along with over five hundred episodes of broadcast television. To see Jason Sirotin’s credits visit his IMDB page here. Jason Sirotin IMDB.

Like the title says, here’s a guide for how to produce your indie feature, condensed and simplified to really get to the core of the process. Let’s get to it!

• Create a well-thought-out investment proposal.

  FREE FILM PROPOSAL DOWNLOAD – Click Here

  • Once you have your budget in place, it’s time to put together your investment proposal. It’s essentially a business plan, but with a few key differences:
    • Typically a business plan will include a “pro forma”, a financial projection detailing five years of business operation. A film is different. You need to have a schedule mapped out for both production and post so that you can estimate your distribution date (this will ALWAYS be later than you think). Then you’ll need financial projections based on similar films to the one you are producing. A word to the wise: don’t compare your film to Hollywood blockbusters, or even really successful independent films. You need to manage expectations and keep things plausible. If you only present the outliers, you are setting yourself, and your investors, up to be disappointed. SAMPLE FILM BUDGET
    • “Blue Sky Laws”. In the United States, a blue sky law is a state law that regulates the offering and sale of securities to protect the public from fraud. Though the specific provisions of these laws vary from state to state, they all require the registration of all securities offerings and sales, as well as of stockbrokers and brokerage firms. You need to explicitly communicate to your investors, in no uncertain terms, that investing in films is a risky proposition and that they are likely, percentage-wise, to LOSE their investment. I’m sure you are saying: ”Well how the hell am I going to raise money after saying that?” Great question! It’s tough, but keep in mind people don’t always invest in films only to make money. Many indie investors have a passion for the arts, or have always wanted to be part of the entertainment industry. No investor wants to lose their money, but there are plenty of people who have so much that giving you a chunk will not affect their daily life at all. Keep in mind the investor who puts up the cash should have a majority of the ownership in the film. Biggest risk, biggest reward. Don’t be greedy with percentages. You should be paid for your time on the film, but you should also be grateful for the opportunity to make your film with someone else’s money.

• Have an experienced Line Producer breakdown and line the script.

  • A good Line Producer will be able to break down the script and get an estimate of cost by creating a detailed line-item budget.
  • As the producer of the film you need to understand, and be able to defend, every single line-item. A film is essentially a self-contained business – it’s just much riskier to invest in a film than most other businesses. Good investors are going to ask questions and lots of them. You need to be able to answer them.
  • Every line producer is different, and different line producers will have different estimates based on their personal experiences and connections. The prices they can negotiate will vary wildly, which goes hand in hand with being able to defend the line-items in your budget when they’re picked apart by your investors. A good line producer with solid industry relationships can improve your bottom line dramtically.
  • 3 Day weeks and 8 Day months. These are often seen on gear rental quotes. Essentially, if you rent gear for three consecutive days, many rental houses will give it to you for a full seven days at no additional charge. Some places do two day weeks (usually only for people with a good, trusted relationship) which is amazing and can save your production a bundle. In that same vein, shooting or renting gear for at least eight consecutive days will often earn you 30 days total at no additional charge. These bulk deals can be HUGE for your bottom line, and as we all know, every penny counts when you’re spending someone else’s money.

• Find or write an amazing script.

  • If the script is good, the film will be harder for production to screw up. If the script is bad, it will be VERY hard for production to make it better. Have script coverage professionals give you notes – this is money well spent. Chances are, your friends and your significant others don’t know shit about reading scripts or making movies. It would be like someone asking me to check out their car’s engine or perform surgery – I know almost nothing about the topic. Also, most friends will lie to you to protect your feelings. “Not my friends” you say?  95% chance that you’re wrong. When you’re writing a movie you need honest and direct feedback. If you can’t handle it, then you’re wasting your time writing a shitty movie. First drafts suck. Scripts need notes.
  • Keep in mind that your script will have a massive impact on what the budget of your film ends up being. If you write a “containment film” that takes place in one room, it will be significantly cheaper than a film with forty locations and a scene where two fighter jets explode. If you think you can get a ton of money, then you should write what is best for the film without restriction. If you are like most indie filmmakers, you should write for your budget (meager).

• Raise capital.

  • Imagine everyone has a billion dollars. In that scenario, asking for large amounts of money doesn’t seem outrageous. For someone with a billion dollars, a million dollars isn’t that much money. This mindset will free you and make it much easier to ask for what, to you, seems like a shit-ton of money.
  • Mitigate your investors’ risk. How can you still make money if the film can’t find distribution? Can it be turned into webisodes? Can you tie in any brands for product placement deals? Do you have bankable talent?
  • You will need to create an entity for your film (we always go LLC), get a federal tax ID number and open a bank account. Likely your early investors will want to have their money in what’s called an escrow account until all the money is raised, at which time all parties will agree to release the funds to the film’s bank account.
  • Raising money takes time and practice. I highly recommend Oran Klaff’s book “Pitch Anything”. It’s helped me raise a ton of money for a variety of different projects and ventures. I suggest the audiobook version, because hearing his cadence and delivery will help you pitch better.
    

• Talent

  • Union vs Non-Union.
    • If you are making an indie film, deciding whether to go union or non-union could be the difference between a big budget or small one. Thankfully, SAG has been very progressive with their rates for “ultra low” budget films and now even “micro budget” films. When you choose to do a SAG production, just keep in mind that in most SAG deals, every actor on set must be treated as a SAG member, even if they aren’t. If you are paying someone $549.00 a day (a typical SAG low-budget rate) you will need to pay that rate to any actor with lines, union or not. It’s kind of unfair because a person can be on set for eight hours and have twenty lines and they get paid the same as someone who is on set for two hours and has one line. Union rules is a whole other discussion, so I’ll leave it at that for now.
    • The issue with non-union talent is it’s nearly impossible to get a name involved. 99.9% of name talent is SAG/AFTRA. The non-union talent pool is great, especially here in Atlanta, but more often than not during auditions I will like the SAG auditions better. There is usually a reason why SAG actors get their cards.
    • There are many additional tasks that must be completed on a SAG production, like filling out forms at the end of every shoot day and submitting them to your assigned SAG rep. There are also many expenses you won’t incur on a non-union production, like paying into the SAG pension and health plan.
    • Cast a name! I know with lower budgets it’s hard to get  “bankable” talent attached, but if you want your best shot at distribution (and eventually, profit), a recognizable name will almost guarantee a distribution deal of some sort, provided the movie is technically sound. To me the film not looking and sounding great is not an option. There are certainly technically shitty films with names in them out there, but they are the exception rather than the rule.
    • Gain an understanding of FiCore. What is FiCore? The financial core, or “FiCore” is a payment structure that allows SAG actors to work in a union environment without becoming full members, with the intent of paying only for the basic costs associated with their representation by the union. This is an option to get SAG actors to work for non-union wages but it is very unlikely that you will find a willing actor to “go”FiCore. The reason is that if a SAG actor goes FiCore they are likely to get blackballed by the union. All SAG actors have this right but very few excercise it. Jon Voight famously went FiCore in 2003. In an open letter to all SAG members Mr. Voight wrote…

January 25, 2005

Dear Fellow Actors,

Please know that I am deeply moved by your recent nomination for SAG’s “Outstanding Performance by a Male Actor in a Television Movie,” and I want to express my sincere gratitude for that honor. Since then, you may have heard that the SAG board has excluded me from the awards ceremony on February 5, 2005. The published explanation given for my exclusion is not accurate, and I feel I owe a truthful explanation so that what happened to me, should never happen to another actor.

The truth is that during the Summer of 2003, I was approached by a dear friend who had a lifetime vision of directing a piece he had written. He explained to me he had very little money and he would need to feel complete freedom, if there was any possibility to bring his vision to fruition.

When I read the script, I was so moved! It was original, it was spiritual, and I felt it would be important, and an answer to many of our personal sufferings. It wasn’t too long before other people felt the same as I did, and supplied just enough minimal funds so my friend could begin work on his project.

I knew by law I could participate in the project without violating the Guild’s rule against non-union work by electing “financial core” status. I called the Guild to request that status. My request was met with fear and panic from the SAG officer in charge of “financial core.” “Jon, you must not do this,” she said. “You will open the door to all our actors running for financial core.” I thought to myself, “What’s so bad about that? There could be multiple reasons, financial and otherwise, why many creative people might want to do a non-union movie under the protection of ‘financial core.’ ‘Core’ membership is an entitlement of any union member, protected by federal law.” I needed a few days to think about this.

Before I had arrived at a solution, all hell broke loose! Suddenly, there was what can only be described as a brutal attack on the small production, not only by SAG, but other unions as well. They came down hard. It was vicious and ugly. I thought I was living a part in the film, On the Waterfront.

Our Guild exacerbated the assault with the false announcement to the press that I was the film’s producer. My peers, who were rushed off to join the angry mob on picket lines, had no idea that I was not the producer, and that I had not worked one day as an actor on the film, but the false information they were led to believe was immediately released to the press.

The unions’ scare tactics worked. The crew was frightened to continue, and a small filmmaker’s creative endeavor was shut down after 2 1/2 weeks of work, leaving great financial losses.

The ugliness did not end. The attacks on me and the production continued on with vicious taunts and lies spread over the internet. It went on for months, leaving in its wake extreme stress and mental anguish for all involved. If this could happen to me, a veteran actor of 40 years and an Academy Award Winner, I shuddered to think what would be in store for other actors. I wouldn’t want this to happen to anyone ever again.

Because of all the cruel bullying and unfair play, I then decided to apply for “financial core” to see if I could help salvage in any way this original pure vision. I understood that I would give up my right to vote in union matters, but I would be able to work legally in non-SAG films, as well as SAG films. As a “financial core” member, I willingly pay the same dues as all other SAG members, which support the efforts of the Guild to negotiate and administer our contracts, efforts I concur with. I contribute and participate in the various benefit funds on the same basis as a full member. Given the structure of the contracts, my support of the Guild exceeds that of most members.

I would hope to think that the anguish and stress that was put upon me would have been enough, but it was not. The SAG board chose to bring me once again what they think is shame, and apparently to warn other actors off joining financial core, by announcing to the press that I was not invited to the ceremony to which my fellow actors nominated me for a union film. All this is because of my willingness to uphold the right to our personal pursuit of freedom and liberty. I am neither sorry nor ashamed for my decision to join “financial core.” My sorrow comes only for a union that can be a great force, that can accomplish much good, and protect, promote, and nourish the actor in his individual pursuits, but does not yet understand that there will be some that will be happy to follow the union in all its rules and regulations, but there may be some that will differ, and follow a destiny of their own choosing, and that is their right, and that is our country’s Constitution.

I congratulate all my fellow nominees, and wish everyone the best.

With great sincerity,

Jon Voight

(From the “Daily Variety”, January 25, 2005)

• Planning – Pre-Production

  1. A good producer an incredibly organized problem solver. It’s a rare combination of skills and it’s very stressful job. The only thing that eliminates the stress is solid planning:
• • Build a stripboard. Nowadays stripboards can be created using dedicated computer software, such as MovieMagic Scheduling, Celtx, or Scenechronize, or by customizing general purpose software such as OpenOffice.org Calc or Microsoft Excel. Much easier than doing them by hand.
  • Run detailed reports for locations and talent. Good scriptwriting software will allow you the ability to create a variety of customizable reports.
  • Make sure your director is working closely with the AD. The AD (or Assistant Director), is your best chance to keep your production on schedule. That’s their job: to keep things moving at all costs. ADs often get a bad rap for being pushy, but that’s exactly what you need to succeed in this role. ADs are naturally assertive people. If your AD is a pushover, you’re screwed.  
  • Get the best gear and crew you can afford. If you cheap out on personnel and equipment, you’ll be behind the eightball during production and all through post, and ultimately your film will suffer.
  • Have a solid post production plan to ensure the film is completed in a timely manner. Most indie films get stuck in post production for well beyond the time estimated because all the money was allocated to production.
  • Making a film is a team sport. It’s impossible for one person to do everything. Recognize the talents that others bring to the table, then exploit the hell out of those talents to get results.

• Production

  • They don’t call it a production for nothing. Each feature film production has thousands of variables. Things are in inevitably going to go wrong at some point during the process. How you respond to those “disasters” will literally make or break your project. Most problems are solvable, or at least manageable. As a producer, it is your job to calm the panic and quickly make decisions to resolve the issues at hand. Good producers are naturally decisive. If you are a person who needs days of thought to make smart decisions, this might not be the right career path for you. Making a fast and smart decision means getting the people directly involved with the issue to give you all the facts, and quickly. Try to avoid getting a data dump of things that don’t matter. Keep your lines of questioning directly related to the problem. A good example of this is an actor calling in sick. The first thing I would do is speak to the director and AD to see if there is anything we can shoot using the location and the talent we have available. If that is not an option, I will pull in the location manager in to see what locations are available that involve the actors we DO have on set. At the same time I’d assign one of my associate producers to check on the availability of other actors for the day. Resolving this problem quickly will result in the day being successful. If you can’t shoot something and make progress, then the day and your money are completely wasted. Make the best out of every situation because the meter is definitely running.
  • Don’t be consumed by “Movie Dust”! We coined the term in 2009 on the set of The Fat Boy Chronicles. Movie Dust. n – “Unnecessary information disseminated amongst a group of alarmist individuals on a movie set”. Typically results in temporary confusion and chaos. Best left to settle. Don’t let drama or rumors cause the crew to panic. Gather the facts and determine if there is a problem that really needs to be solved or if it’s people just worrying about hypothetical situations. Producers should be the ones doing all the worrying. Everyone else should be concentrating on getting the shots in the can!
  • Make sure your media is being backed up and stored with different trusted people who are not all in the same place. My rule on set is three backups.
    • One master set of drives. These are on set every day.
    • One recovery set of drives. These are on set every day, but go home with someone other than your media manager or digital imaging technician.
    • One catastrophe set of drives. As someone who is a director as well as a producer I feel as though the director should have this set of drives. The reason is that no one should care more about the film than the director and therefore she should be the one who holds the disaster backup. I store them in a dark closet in my man cave where I hope they stay forever! In the case of ECG Productions, we also have a 300TB SAN that the media lives on at our Atlanta, Georgia headquarters once it comes into our post-production facility.

• Post-Production

  • Do not skimp on post-production! Make sure you have proper funding for post or your film will take (even more) years to finish. Your film needs to be a priority. If you are paying a reduced or deferred, or trading backend points for the work, then good luck getting things done quickly. I never let anyone doing anything for free for me. Free means that they can go at their pace and not mine. Paying people gives you the right to be demanding. Your investors will be looking for updates, followed by results. You need leverage, and that leverage is achieved with money.
  • Your feature film post-production process should run in phases. We approach film post-production with this process:
    • Assembly
    • Rough Cut (Multiple Rounds and Notes)
    • Fine Cut
    • Test – this is a good time to do focus groups. What are people responding positively or negatively to?  Do not get friends to watch. Get strangers who are in your target demo.
    • Make changes based on audience response.
    • Test again!
    • Final Pass
    • Color Grade
    • Sound Mix
    • Quality Control Pass
    • Director Screening
    • Mastering
    • Celebrate Post-Production success!
  • Revisions can go on forever. Your film will never be perfect, but at some point you will step away and call it “finished”. You get to a point when you are in post-production where you actually start hurting the film by over-analyzing it. It’s impossible to be completely objective when you are that close to a project. When I’m directing something, there comes a point where I have taken care of all the things that bother me most. That’s when I know I have to let the other little things go. I always think of how Michael Jackson was never thrilled with Thriller and it was one of the greatest albums of all time. Good artists will never be satisfied. Listen to the audience and let go. The audience will decide if it’s working or not and likely the two frame correction you want to make will not make a difference in their opinion. You need to look at the film as a whole.

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• On To Distribution!

Click here to read my related post: Getting Your Film Distributed.