Film Festival Help

Getting a movie submitted to the South-By-Southwest (SXSW) Film Festival is a goal a videographer friend of mine has. I have been working with him in getting a business formed for the camera mount we want to produce and sell. His business is called Guerilla Gear and can be found at http://guerillagear.net/. We have a good team of writers and are close to completion on a script, but we need to make sure we have everything we need before we submit to SXSW.

While looking around, I came across a really good site to help me with, not only SXSW, but any other film festival. Film Festival Secrets’ site is really helpful in that it’s pretty much a one-stop shop for getting any question you may have about film festivals answered. The website’s creator, Chris Holland, has written a book called “Film Festival Secrets: A Handbook for Independent Filmmakers” and he offers the first to chapters of it downloaded for free as long as you sign-up for his newsletter. Not a bad deal in my opinion. The first two chapters deal with what you need to do before you submit and then when you do submit, however, the book covers a number of different topics like selecting the right festival for your film, preparing the screener for the festival, saving money on festival fees, creating marketing collateral and more. At $24.95 for a print version and $9.99 for Kindle or from the iBookstore, it’s priced quite reasonably for the amount of information it gives you.

The one thing that I thought really stood out on this page was that Mr. Holland offers his professional consulting on the film your company is planning on submitting. Having a your film screened by a festival programmer is very appealing because it gives you a direct sense for what the judges will be looking for when viewing submissions.

This site is definitely going to be of great help when our production company gets going. We have a lot of plans in the works and we all realize that film festivals will be an intricate part of our operations. Not only will we be able to showcase our films but gives us a chance to perform one of the most important aspects of this business…networking.

Useful Tips for Getting Your Script Noticed

I was wondering what some good tips for getting a movie script noticed are and I came across this article by Billy Mulligan of Jane Startz Productions. He says that he has worked for a high profile feature film company in New York City for six years so, in my opinion, he has the credibility for speaking on such matters.

Tip #1 – PUT YOUR BEST SCRIPT FORWARD

Have your writing skills perfected and have more then one fully developed script. When these two objectives are met, you have a better shot at getting noticed. By having your writing skills perfected, you come across as professional which translates into someone a film company would more want to work with. When you have more then one script, it is also a demonstration of your professionalism. If the studio likes your first submission, they could very well ask for more material. On the other hand however, you may have to provide the studio with other work if they aren’t immediately sold one your initial proposal. After getting everything prepared, then it would be time to send your queries.

Tip #2 – ESTABISH YOUR TARGET

When the time comes to start submitting your script, be sure to target agencies that have handled the genre your film falls under. Also, have a name of someone who works at the agency who you can address it to. Mr. Mulligan had a great suggestion of targeting your work at the low men on the totem pole (i.e. development execs and assistants). These are the ones who are fighting to show how valuable they are to the agency and thus are the most eager and willing to read your script.

Tip #3 – THE QUERY

Mr. Mulligan suggests that when submitting your query, the best way to go is either email or a one-page fax. Producers can sense an unsolicited query letter and even having to just open the envelope makes some producers feel like its taking valuable time away from projects. An email can be easily deleted and can reach them anywhere and a one-page fax is just that and can be viewed quickly in a short amount of time.

Tip #4 – ONE PROJECT AT A TIME

Don’t start mentioning a list of work you have ready and are shopping around. It gives the notion that you have a lot of projects that no one is interested in thus seeming that what you are tying to sell is nothing you would be interested in. Keep queries short and with enough information to grab the reader’s attention but not so much information to answer all their questions.

Entertainment Law Lessons to Behold!

As I was looking for some podcasts on entertainment law, I came across a couple really good ones at www.entertainmentlawupdate.com. The first one I listened to was Episode 17 and it talked about an interesting case, UMG vs. Augusto. This dispute revolved around Mr. Augusto who was taking cut out CDs, which are used for promotional use, and was selling them to third parties. UMG insisted that they were strictly for promotional use only and that they were never truly “given out” which would make them fall under the For Sale Doctrine. This case went all the way to the 9^th Circuit where they ruled that not only did UMG transfer the license but the title as well when they sent these CDs out.

Another interesting aspect to this case was that when the judge ruled, they cited Postal Statute Title 39, US Code 3009; if you get something in the mail that you didn’t order, you get to keep it. I thought this was a great twist ending on UMG’s argument. Whether or not this was the ultimate reason, UMG decided that they will no longer send out promotional CDs anymore and instead direct potential investors and marketers to their website.

Next, I listened to Episode 26 where they were talking about SOPA, the new anti-piracy act that Congress is trying to pass. This bill sounds like it would be a good thing but the fact is, it would allow a lot of online businesses to be unfairly targeted for potential copyright infringement. This bill allows the Department of Justice (DOJ) to stop businesses from collecting revenue from oversea companies who they believe are infringing on copyrights. Whether or not they even are, it doesn’t matter.

A big problem with this is that it lacks due process. Someone can just claim that a site is embarking on copyright infringement and they can get that site shut down. This new bill even offers immunity to claimants from being sued by companies who are found of no fault. This is just ridiculous! A company that is only an online business that solely gets its revenue from Internet sales could be devastated from such a claim.

The last podcast I listened to was about IP law in Rio de Janeiro. They are so backed up with patent applications, a backlog of 8 – 10 years, that they are now doing preliminary examinations before the actual examinations. They are hoping that this will weed out anything that isn’t actually patentable.

The really interesting thing I got from this podcast is that since Rio is hosting the 2016 Olympics, they have enacted the Olympic Act. This law is to curb ambush marketing and they passed it the day that Rio was announced that they would be hosting. This law protects ANYTHING that is trademarked, patented and copyrighted while it is being involved with the Olympics. This includes but isn’t limited to; flags, mottos, logos, anthems, graphically distinctive signs, mascots and emblems. It also protects names; Olympic Games, Para-Olympic Games, Rio 2016 Olympic and Para-Olympic Games, 31^st Olympic Games 2016.

Interesting Intelectual Property Lawsuits

Searching around on the Internet about some recent legal activity that relates to intellectual property, I came across some interesting cases. The first case was an interesting article about a $21 million lawsuit that Nintendo lost. The case states that Nintendo’s designs for certain Wii, Wavebird and GameCube controllers were imposing on the copyrights that Anascape, Ltd. has on the controllers that they came up with. The argument from Anascape isn’t about the motion sensors in the Wii controllers but rather the design that the GameCube controllers have as well as the classic controller attachment for the Wii. What I like about this case is that it shows that the judicial system can work in favor of the little guy. There are plenty of examples of how the corporate giants get away with infringements like these but on this go around, they lost and had to give the small company their dues.

The second article was a case involving the artist Drake and his ex-girlfriend, Erika Lee. This case is still going on and presents an interesting topic. The case revolves around Drake’s hit song “Marvin’s Room”.  Ms. Lee claims that she and Drake co-wrote the song and that she is entitled to part ownership in the copyright of the song, copyright in the sound recording and payment of songwriter royalties. She is basing her claim from the fact that the first 30 seconds of the song is a recording of a phone call between her and Drake and that the two had initially intended on writing the song together and that her contributions were supposed to be included into the final version. What I find interesting here is Ms. Lee’s assertion that she owns part of the copyright due to her claim that the two had INTENDED to write the song. Where is her proof that the two collaborated? To me this becomes a he said/she said argument. Her voice recording at the beginning is the only real proof she has ownership to anything. I believe she should be compensated in that regard but other then that, she doesn’t have a legitimate claim.

Lastly, the third article is about a class action lawsuit against Google, Inc. over copyright infringement. The claim is that Google illegally scanned millions of books and other publications that contained copyrighted images and allowed them to be viewed by the public without regard to the rights of the works’ creators. The main complaint is over Google’s Library Project. When you look up a book or other publication, the book cover as well as pictures, if there are any, is displayed and this is where the argument is stemming from. When I looked up what the Google Library Project is, they claim that they are “carefully respecting authors’ and publishers’ copyrights”(http://www.google.com/googlebooks/library.html ¶3). If they truly have this in mind, then why aren’t they taking care of these artists? I believe Google not only has a legal obligation but a moral one as well. If they are trying to create such a large project they should have known that they needed to compensate the people who created the work. The only thing I can think of why they didn’t was that they weighed the cost of the possible lawsuit versus how much revenue they would generate. Having to buy so many licenses might have been more monetarily costly then just putting them on the site. However, this cost them face value in the eyes of authors, photographers and other artists they failed to give credit to.

Online Piracy's Future

I came across this great article about online piracy and how it is shaping the future of online entertainment. The battle between the entertainment industry and consumers has been going on for years and yet, only has a slight end in sight. According to the article, 70% of 18 – 29 year olds still download unauthorized music, TV shows or movies, compared with 46% of all adults who’d done the same. With those wide of margins, what can be done to change peoples’ minds about doing the right thing?

Fingers are being pointed at both sides for not trying to nip this problem from the get go. Law enforcement has handed down penalties ranging from fines to jail time, yet the piracy has continued. However, Apple has proven that if you charge a minimal fee, the consumer can download as much as they want without fear of penalty and they are more then willing to do so.

I’ll admit, when Napster first came out, I was all over that site, getting all the music I could get my hands on. The one thing I loved about it was that the whole experience allowed me to try out music that I otherwise would have never given a chance at. Napster allowed me to broaden my musical palette while at the same time, finding older music from some of my favorite artists. I never gave a second thought that what I was doing was illegal. I just thought that it was a great way for unknown artists to finally get their chance to be in the spotlight.

I believe that if more of the entertainment industry were to follow Apple’s business model for online downloading, they would see a great decline in the amount of illegal activity. Sure there are going to be some people that will still try to get it all for free but the majority of the population, in my opinion, would much rather go the legitimate way. When you download illegally, you have to go to sketchy sites that more then likely will give your computer a virus. However, when you download from iTunes, you know that what you are getting will not come with an extra present. So the consumer gets peace of mind on two fronts; their downloading is completely legal and that it isn’t going to have any detrimental effects on their computer.

The Artist Manager's Most Important Role

As I was searching around on the web for some inspirational aspects on artist management, I came across a really good video from Berklee Music’s instructor George Howard. Here, he interviews the former manager of the multi-platinum band Boston, Jeff Dorenfeld.

Mr. Dorenfeld talks about how a manager and artist need to have complete trust in one another in order for their relationship to be fulfilling and prosperous. He also talks about how it’s important for the artist to have a vision of where they want to go, whether that be artistic or financial success or whatever, they need to have a goal so that the manager has an idea of what they need to be aimed at.

Since the band is focusing on the artistic side, the manager is focused on the business side. They guide the band in a way that will make both successful but both opinions need to be accepted. If the band says they don’t want to work with this producer or agent, the manager should respect that choice and vice versa. I liked Mr. Dorenfeld’s analogy of the artist and manager’s relationship being like a marriage. Both parties’ values have to align and it doesn’t take much for either party to lose faith in the other if there isn’t constant communication and trust.

What I liked about this video is that it resonates a lot with my beliefs of how a manager should interact with his clients. A manager needs to handle the business aspects so the artist can concentrate on their work. When the artist starts trying to do both, they loose sight of what got them where they are and it begins to reflect in their work. They begin to see things that aren’t really there or they completely loose sight of what they want because they are too focused on trying to balance everything. I believe that the artist needs to be free of all stress that relates to anything business. Granted, they need to be informed of what is going on and without that trust between them and the manager, they won’t have that freedom. They need to see, believe and understand that the manager is completely on their side, otherwise, neither will get anywhere and something that could have been very beneficial is now ruined.

Negotiating Interview With Rich Denhardt

Recently, I had the pleasure of talking to Mr. Rich Denhardt about negotiations and how he has dealt with them over his extensive career. Mr. Denhardt has been in the music business since moving to Nashville in 1970. He worked for EMI from 1995 to 2006 where he honed his negotiation skills to their fullest. He has negotiated hundreds of deals from new signing new bands to extensions for artists already under the EMI label. Currently, he is one of the lead instructors for the Entertainment and Media Business bachelor program at Madison Media Institute as well as running his own consulting firm. I talked with him the other day and received some very insightful knowledge.

Ryan Howard (RH): How did you deal with artists who believed they were owed the world when they came to you to sign a deal?

Rich Denhardt (RD): When a band came in thinking that they were above others and thought they were owed some great deal, I just informed them that even though they were well liked by their audience, they were still new to the industry. They had no past performance with working with a label or in any sort of professional capacity so there was still risk in signing them. I informed them that we have no problem with getting them what they deserved when they proved themselves to us. They needed to understand that because they were getting a record deal that they needed to work even harder to prove themselves.  I had to get through to them that they were now professionals and getting to work with a company that wants to see them succeed but that this is also a business and that they need to make sure that the company doesn’t get in too over their heads. They needed to know that they had to earn the respect they believed they were due. If they failed to realize that, then I would have no recourse but to walk away from the table, even if I really wanted to sign their band.

RH: How did you see bands and artists using their BATNA if they had one?

RD: Artists and bands were all over the place with their BATNAs. Some would bring it up right at the beginning without any provocation. Others would plug it somewhere in the middle and then there were the ones that would hold on to it until the end, after we had already given them our offer. There were even times when we would find out on our own before the negotiations even began. This wasn’t intentional but the music business really is a small, tightknit group so it wasn’t uncommon to know what others were up to.

RH: Did you aim for mutual benefit?

RD: Yes, always. It wasn’t in the best interest of the company to try and undercut a band or artist. Reputation is everything in this business and if word starts getting around that you are offering lopsided deals, you won’t be signing many bands. Plus, we always had attorneys present for all involved to make sure that all parties were being fair. By having lawyers present, the autonomy for everyone was kept intact and made for a smooth deal. Our goal was to work as partners because it makes it much easier to work with partners rather than adversaries.

RH: How did you handle in dealing with dirty tricks or tricky tactics?

RD: I was always willing to walk away from a deal. Even if I wanted an artist or band badly, I had to have the strength of mind to just walk away from it if it required me to. If they insisted on trying to play hardball, I would do my best to defuse the situation but if it persisted, I would just tell them, “This doesn’t look like it will work,” and would get up and leave the room. I guess that was my version of hardball but that was the extent.

RH: Lastly, what advice would you give to an individual who is new to negotiating?

RD: I would advise that you should never negotiate with yourself. When you make an offer and the other party just answers that it isn’t enough, don’t make a higher offer. Ask them what it will take to be a fair offer and go from there. The moment you start negotiating with yourself, you give the other party all the power and control. Also, always have a lawyer present at the negotiation table or at least kept up to date with how the deal is going. Lawyers are a great way to make sure all parties are getting a fair deal and that there are no lopsided offers. They will also make sure that everything is legal and on the up and up.

Talking with Mr. Denhardt gave me a great opportunity to understand how professionals go about negotiating. He had great advice for me and the one that stuck out the most was to be humble. As long as you stay humble, it will have an effect on the other party if they come in with a big ego. By holding your ground that way, people have a tendency to be disarmed and want to actually work with getting a deal done with you.