False Representation vs. Breach of Contract in Film Financing – Who Wins?

Investment in film has the potential for high reward but is always combined with high risk. Little or no collateral, lack of liquidity, changing consumer demand, market competition and over zealous promises made by the filmmakers all contribute to the risk factor. Investors must rely on strong market analysis, distribution pre-sales and the integrity of the filmmakers who are making the proclamations in the prospectus. If any one of these elements is fraudulent, that can mean disaster for the investor and potential violation of contract elements.