By Chance Shirley
April 15, 2004
Part Six: Lawyers, Guns and Money
A few of the HIDE AND CREEP crew guys and I were over at co-director Chuck Hartsell's house, building some fake tombstones for a fake cemetery. We were having trouble securing a real cemetery for the shoot, and art director Mike Benson, who can make just about anything with a little cement and some styrofoam, volunteered to make enough tombstones for a cemetery "set." We would eventually find an existing cemetery for the movie, but that day at Chuck's proved pretty productive anyway.

While we were there, director of photography Robb Rugan asked when we were going to start shooting. I answered, "Well, in two weeks according to the schedule, but..." "Perfect," Robb interrupted. "But," I said, "I'm thinking about pushing the start date back a couple of weeks." Robb asked, "Why?" He went on to point out that we had a script, camera, actors, crew and most of the locations lined up. If we looked for excuses to put off shooting, we could find them. But we were probably as ready to shoot as we'd ever be, so we might as well go ahead and get to it.
Robb was, of course, correct. Still, there were a few more things we needed to take care of before we started the camera rolling.
Limited Liability
Most big movie productions secure an insurance policy for the shoot, to cover damage to equipment, property, and even people. Insuring our shoot in such a way would have probably doubled the budget, though. So, we decided to start a limited liability company for the movie. It wouldn't help us if we broke the camera, but it would keep anyone from suing us (if a litigious extra stubbed his toe, for example).
Stacey Sessions, a paralegal by day, set up American Zombie, LLC for the low, low price of 76 dollars. If you're not lucky enough to have a crewmember in the legal biz, it'll probably cost a few hundred dollars to get an LLC going. But it's still cheaper than production insurance. We also opened a small business bank account, so we wouldn't have to write personal checks to cover movie-related expenses. The bank charges us about ten bucks a month for the account.

Another cool thing about the LLC: the LLC partners (Chuck and I, in this case) can write off any business losses on their personal taxes. I'm not sure how this works exactly -- I just gave all the movie-related receipts to Stacey, and she and my accountant figured it out and sent all the appropriate papers to the IRS. I don't know how much this improved my tax refund, but it definitely was better than last year's, when I didn't have a feature film to write off.
Chuck ponied up another ten dollars a month for a UPS Store mailbox. This has been really handy, since we've been ordering supplies and equipment and sending stuff back and forth to the lab in Atlanta, Georgia. FedEx and UPS always stop by my apartment when I'm at work, then leave a little note that says, "We tried to deliver a package, but you weren't home. We'll try again tomorrow." Guess what? I won't be home tomorrow, either. I have a job. I mean, how do they think I pay for the stuff these people are shipping to me? Anyway, the UPS Store guys will sign for packages, and we can pick them up at our convenience.
In hindsight, I probably should have went ahead and gotten a credit card for the LLC. But getting a credit card, for me, always seems to be hit-and-miss. They tell me I'm pre-approved, but I still have to fill out an application, which I send in only to be denied a new credit card. Huh? I decided to just use my existing MasterCard.
Cast and Crew Deals
Stacey printed out a stack of actor releases. These are one-page documents we get signed by anyone who appears on screen during the film. It states we have permission to use the actor's or extra's image and/or voice in the movie.
Even though we weren't paying any actors or crewmembers up front, I still wrote up a deal memo for each lead actor and the crewmembers. Depending on the individual, the deal memo specifies a deferred pay rate and "points" (percentage of the movie's profits, if any) owed. Basically, this is just a way of making sure that no one gets screwed in the highly-unlikely event that the movie makes a ton of money.
The thing with a lot of this legal stuff is that I'm not sure if I'm doing it right. Will starting an LLC completely protect me from a lawsuit? It's better than nothing, but I won't know for sure without being sued. Did I calculate the crew deals correctly? I won't find out unless the movie at least makes a little money.

If I could find and afford an experienced, trustworthy entertainment attorney, I'd probably have done a more thorough job handling these things. But I decided I'd rather spend the winter shooting a movie than shopping for a lawyer. All that being said, if there are any entertainment attorneys out there who want to show me the errors of my ways, feel free to drop me an e-mail.
Just a Couple More Things
Motion picture equipment is expensive. And, as I've said, Birmingham, Alabama, is not exactly an oasis when it comes to renting movie gear. But still photography equipment is much more affordable. I found out that the lens on our camera is compatible with many accessories made for still photography lenses. So I got a few neutral density filters, used to help control the amount of light that goes into the lens, for much cheaper than the "motion picture" versions. The real bargain was a sun shade, used to help eliminate lens flares. On motion picture cameras, people usually use a matte box, which costs hundreds of dollars. I got a "still photography" lens hood for around 15 bucks.

Prop-wise, the HIDE AND CREEP script didn't call for anything too exotic. We did need to get a few guns, though, and I wasn't crazy about having real pistols and rifles on the set. If you believe the NRA, guns don't kill people -- people kill people. But, as Elvis Costello likes to point out, accidents will happen.
I did a little Internet research and found some really nice stage guns. These are actual working firearms, except they've been built to only shoot special blank rounds -- they don't work with real bullets.
So, I got a rifle, a revolver and a semi-automatic pistol for the shoot. They look 100 percent real and are perfectly safe.
Reflectors are great for getting light where you need it. You can buy or rent big heavy pro reflectors, or you can make your own with cardboard and aluminum foil. Better yet, you can find silver colored poster board at an art supply store and clip or tape it to a piece of cardboard for extra sturdiness.
It's always nice to have a crane on the set so you can get those crazy high-angle shots. But cranes cost tons o' money and are tough to transport. So I borrowed a big aluminum ladder from my dad, and Mike Benson found us a smaller wooden one. Both were free and would fit in any pick-up truck.
Speaking of tape, life is always better when you have a couple of rolls of gaffer's tape and some paper tape. Gaffer's tape is kind of like duct tape, except when you remove it from a wall, it doesn't take half the wall with it. Paper tape is basically really nice masking tape. It's great for taping up cans of film and temporarily labeling stuff. Like gaffer's tape, it sticks when you want it to and un-sticks with ease. FilmTools sells both tape varieties and lots of other handy filmmaking stuff.
I Was Going to Try to Keep This List Short...
...but I keep thinking of little things that come in handy on a shoot. Like:
- A hat: something appropriate for the weather. I'm fond of a toboggan for the cold days, to keep the ears warm, and a cowboy hat for the warm days, to keep the ears from getting sunburned.
- Camera lens cleaning supplies: fluid, tissues, camel hair brush, blower bulb, etc.
- Cash: convenience store runs and bribing law enforcement officials.
- Cell phone: so crewmembers can find you if they get lost on the way to location. Ringer turned off, of course, while the camera is rolling.
- Walkie talkies: for long distance communication when you're in an area with bad cell phone service.
- Digital still camera: great for getting Internet-ready behind the scenes snapshots. Also good for taking pictures of the location for continuity purposes.
- Small flashlight: for those times you're literally in the dark.
- Leatherman: these little "multi-tools" include pliers, screwdrivers, wire-cutters, knife blades... very handy.
- Copies of the script: even if you've committed it to memory.
- Sharpie markers: script notes, labeling film mags.
- Cargo pants or shorts: lots of pockets to keep all these little things in.
- Belt: holds up your cargo pants or shorts.
- Beer: for celebrating the end of a good shooting day.
You can also drink it at lunch if the day is going badly.
Down to the Wire
So, our first day of shooting is almost here. The cast and crew are meeting bright and early tomorrow morning at the Crescent Lake Fishing Club in Prattville, Alabama, about an hour and a half south of Birmingham. Stacey and I went out earlier and stocked up on water, soft drinks and snacks. People work for free on indie movies all the time. However, if you tell the crew there's no food or drink available, they'll run screaming from the set. I'm also carrying cold cuts to make sandwiches for lunch tomorrow, since there's nowhere convenient to get hot food for the crew -- one of the disadvantages to shooting in the middle of nowhere.

I'll be up late, charging camera batteries and organizing props and equipment. I'll also spend some time pacing and worrying. But in a few hours, we'll be done with all this pre-production stuff (or most of it, at least). We'll be shooting a movie, an honest-to-goodness feature film. And that'll be pretty cool.
In two weeks: Part Seven: Action!
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