Question 1

What type of investment is this? Debt? Convertible note? Interest in a partnership? Interest in an LLC? Equity in a corporation? Something else? If a partnership, LLC, or other pass-through interest, in what states/countries will this venture do business?

Accepted Answer

Hi Jonathan, Thanks for the question! This is a revenue share where investors recoup 120% (125% if "Early Bird," meaning first $75,00 invested) of their investment from revenue before the production company receives anything, after which revenue is split 50-50 between investors and production company. The production company is an LLC in California (Cornteen, LLC). Please don't hesitate to ask any follow-ups and let me know if I didn't sufficiently answer your questions. All my best, Erik Bork

Question 2

Thanks, Erik. I get the "revenue share" piece -- but what I'm trying to drive to is what type of tax documentation the investors will get. If the investment is a form of debt/convertible debt or stock, then it's a 1099, and that only implicates the investor's state of residenc...

Accepted Answer

Ah yes, thanks for that clarification Jonathan! I believe the answer is a K-1 as it's an interest in a pass-through entity. And that the LLC would only operate in California. I'm not 100% on that yet as there is final legal work that we do with Wefunder once the campaign hits $50K and there will be more specific documentation for investors to see and sign off on at that point. That's when they have the opportunity to turn their "reservation to invest" (all you can do for now) into an actual i...

Question 3

That answers it. Thanks, Eric.

Accepted Answer

February 2023 update: We've finalized our legal set-up and I can answer more fully now. This is a revenue participation agreement in which we are NOT selling shares in our LLC but simply sharing revenue as it comes in with investors. As such, the current plan is that we will not be issuing K-1's every year, but only 1099's to investors who have received revenue in the prior year.

Question 4

What's the likelihood that you may need more capital for project cost overshoots

Accepted Answer

Thanks for the question Durganand! I think that is a definite possibility but it's hard to predict with certainty whether that will happen and how much more capital would be sought at that point. The current investment goal here is enough to finish the movie at a particular basic budget level and the intention is to go forward with that level once this goal is reached. But it's possible things could change before, during or after production, leading to a desire/need to raise additional capital.

Question 5

Erik, Thank you for your quick response. Can I ask you for any projections on revenue from this project. Also to help people who are not familiar with ongoing revenue generation, what could that look like, Any comparable would help us to understand.

Accepted Answer

Thanks for the great question and here is a (hopefully helpful) description of the process, including the challenges in making very definite projections. Every independent film’s journey toward revenue is a bit different, but they generally start the same, with the finished film being submitted to film festivals, including the most prestigious ones where the biggest distribution deals tend to happen, such as Sundance, Toronto, Cannes, SXSW and Tribeca. (The earliest timing for such deals bein...

THE ELEPHANT IN THE ROOM film

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