If it is a question of whether or not a person should incorporate or not, I would say that they should. By creating this business entity, you are essentially creating a person in the eyes of the government. Because of this, the company would have to maintain its own books, have its own operating procedures, and things like that. The advantage to incorporating in some fashion is that, firstly, it protects you. If you ever want to make a big movie, by doing it under the LLC, Co. Inc., or whatever, it seperates the movie from you, both financially and legally. Let's say that you make a movie on credit cards, but nothing happens (hopefully, it gets picked up and you can at least pay off the cards). If you did it as yourself, or even if you were just using a name that had not been incorporated, then you, personally, will be responsible for all of the debt incurred. However, if the debt is under the corporation, then you are not personally held responsible, and will maintain all of your personal assets. Also, your credit rating will not suffer. Only the company's will. Secondly, to incorporate protects you against any type of infringement. While the same can be said for a person, let's say, hypothetically, somebody sues you because they copyrighted an idea first. Well, under the corporation, they would sue the company. But, if it's just you, they will sue you! Not good! Next, it gives an air of professionalism to do business as a corporation, especially if you have a trademarked logo. While this may seem silly, perception is extremely important. As an investor, would I give money to some kid who said he wanted to make a movie? Probably not. However, would I give money to an established production company, that had, if not famous, but at least up and comers in it? Probably, depending on if I liked the project. And, lastly, it's very cheap to incorporate. There is absolutely no reason not to do it.
One word of warning: Should you incorporate, remember that any intellectual property produced under this heading will be the property of the company, not you. So, again, should anything bad happen, then whoever gets control of the company will get all control of the properties under it. So, keep a few great ideas to yourself, or at least until you are firmly established.
Now, I am not a lawyer. Please take everything that I have just mentioned knowing that. It is what my attorneys have told me, but I would suggest getting legal counsel before using my word as a basis for specific cases. However, this is pretty much how it works.
-T