"The biracy project" Geertz explains, "and the platform it's built on—SoKap—is really just the beta test of all the tools we're actually building. Once we're out of beta, other filmmakers, people in the media, and other entrepreneurs will be able to use the tools we've built for them. You're not entitled to use the tools that we are using on Biracy—it'll be an à la carte thing, use as little or as much as you like."
THE SEC & BLUE SKY LAWS
Because Biracy is using crowdfunding, Geertz has to work extra hard to show how it's all legal—crowdfunding has legal constraints in the U.S. under the SEC's strict regulations. In Spain, fans can invest in film projects for financial gain, as is being done with The Cosmonaut (thecosmonaut.org), but in the U.S., the Securities and Exchange Commission's "blue sky laws" have clear guidelines for compliance (called being "on-side"): to offer a loan or security investment, the SEC requires you have no more than 35 "unsophisticated investors", meaning someone with a $200,000 annual income, a $300,000 joint annual income, or a net worth exceeding $1 million. Breaking these guidelines puts your company "off-side" and subjects you to civil or criminal penalties.
It's no surprise, then, that Geertz is abundantly clear on this point: "Biracy is not an investment—it's a donation and pre-purchase of a product with benefits." Nevertheless, Geertz says, there are plans in the works to legally define the term "crowdfunding" so companies like Biracy don't get into trouble because of one SEC regulator's overzealous interpretation of the law. With a smile, Geertz adds, "We'd like to see those legal efforts paid for by crowdfunding."
THE VERDICT
Biracy is a rather appealing model to all sorts of filmmakers. Because of Biracy's ability to efficiently gather funding, build an interconnected fan base, and coordinate the outsourced work from fans, The Biracy Project has a massive potential to finance and streamline many parts of the filmmaking process. To boot, Biracy offers members a 15% referral commission for enlisting other members. Though that's a very clever way to help spread the word, one has to wonder if it undermines the validity of the referral... i.e., are Biracy members enthusiastic about their project because they really believe in it, or because they're getting a kickback?
Like other crowdfunding platforms (Kickstarter, IndieGoGo), Biracy offers the golden ticket to filmmakers in the digital age. Of all entertainment media, films have the highest fixed costs, so funding a film entirely from fan donations—not from financiers expecting to recoup their investment—leaves producers free from worry about piracy gutting their box office revenues. For producers who feel piracy only increases buzz, there's nothing to stop them from releasing their film under a Creative Commons license and leverage P2P networks to drive DVD sales for their "pre-paid" film.
Learn more at biracy.com or at youtube.com/biracyproject.
Disclosure: After researching The Biracy Project, the author bought a basic membership.
