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Adventures in Self Releasing: Where the Money Comes from and How
So how exactly do you get paid as a moviemaker? I’m not talking about salary, but, if you use the hybrid-model that we’re using (splitting sales to various distributors rather than selling off all of the movie’s rights to one party), where does the money come from and how?
July 3rd, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
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' . $phpAds_raw['html'] . ''; } ?>Marlett & Me: Bringing Up the House Lights
Here we are in the mid-summer doldrums… the biz slows down, people are out, you are heading to the beach or game or out to mow the lawn. But take a second and shoot me an email and tell me the top two issues you’d like to see addressed in my column/blog over the next six months. Will ya? I want to keep it real and meaningful for you. So let me know. Tell me a little (a little) about your project, your journey and what you hope for in your life over the next six months. Cool?
July 1st, 2009 | Category: Marlett & Me | By David Marlett
Cinema Law: What is an LLC and What Does it Have to do With My Documentary?
Q: There's quite a lot of information that leads me to believe I should create an LLC before I undertake a documentary project. Since I am the only person who is involved on the production end, is this highly necessary?
I'm asking any on-screen interviewees to sign release forms and I'm also obtaining signed release forms for any locations. What about still photos and home videos? If I use the photos and old home video footage, do I need to obtain permission from every individual who might appear in the photos/videos?
June 29th, 2009 | Category: Cinema Law | By Jonathan Steinsapir
Adventures in Self-Releasing: Signed One Deal, But Still Learning
I recently completed one major piece of our push with The Last Lullaby. We signed a deal with the foreign sales company Cinemavault out of Canada. Recently, they screened the film at the Marché du Film (Cannes Film Market) and felt very encouraged by the interest in the movie. The next major stop will be November’s American Film Market (AFM).
As I figure out the next move with Lullaby, I wanted to share a few thoughts—things I’ve noticed or learned that I don’t think I’ve articulated yet in the pages of this blog:
June 26th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
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' . $phpAds_raw['html'] . ''; } ?>Notes from Overboard: Gift Horse
Creating an energized, productive set begins long before you ever get there. It starts with the people you’ve chosen to join the team. Making a decision about who to hire is never easy. No matter how carefully you consider someone, you never really know if the production designer you’ve just hired is going to show up one day and reveal themselves to be a total whackjob.
June 25th, 2009 | Category: Notes from Overboard | By Tom DiCillo
Marlett & Me: DIY Promotion—Amy Walker Style
If I get one comment more consistently than any other is that I just don’t give up. I wish I had a dollar for each time I’ve been referred to as a Weeble-Wobble. If I did, I’d have my film financed by now! I think it is meant as a compliment, but sometimes it’s said with an abrupt exhale that communicates perhaps something else. But I just press on. I really don’t care. I don’t. And neither should you. This is an exceedingly difficult profession—not only to succeed in, but to even get to the entrance door for the first knock.
June 24th, 2009 | Category: Marlett & Me | By David Marlett
Cinema Law: Who Owns What? Raw Footage vs. Completed Project
Q: In shooting promotional/marketing or educational/instructional videos, my clients often seem confused about who owns the raw footage and who owns the finished piece when the project is complete. My understanding is that the clients own the finished piece that I was contracted to produce, but I reserve the rights to the master, raw footage I shot to be able to make that video. I’ve since written into my contracts that I own the raw footage and can use it for non-competing marketing materials as well as my own company’s marketing materials. But I also say that they can have access to a copy (the non-master files) of that footage if they request it and can use it however they best see fit. I added the last part when clients became unhappy with not owning all the raw takes/shots. Is there a right or wrong way to approach this issue and is there an appropriate way to phrase it in a contract?
June 23rd, 2009 | Category: Cinema Law | By Gregory Korn
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: If I Wanted to Go on Tour, I Would Have Been a Rock Star
Almost wrapped up week six of our release. In many ways, that, in and of itself, is a victory. In this climate, many movies are in and out of theaters in two to three weeks. To say that we've been showing for the last 42 days and that there will be at least one more week makes me pretty damn proud.
But, man am I worn out. I think I've done 55 Q&As in the last six weeks. You know, I almost named this blog, “If I wanted to go on tour, I would have been a rock star.”
So what have I learned so far:
June 19th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Marlett & Me: Get the Money Up Front
We (BlueRun Productions) are in the midst of receiving offers for one of our top projects. The offers have an array of approaches and terms. The key is to have 20/20 long-range vision. Gotta know what’s around the next 10 bends to best decide how to proceed, which offer to take, what terms are best. But eventually it comes down to gut, and how much you like the people with whom you are going to be working.
June 17th, 2009 | Category: Marlett & Me | By David Marlett
Cinema Law: What Is In the Public Domain?
Q: Can you explain to me the legalities surrounding “public domain,” specifically in regards to literature? My dream project is a reinterpretation of a classic Shakespeare story. Do I need to be granted permission to proceed with such a project?
A: The short answer to your question is NO. You do not need to obtain permission to proceed with a project based on one of William Shakespeare’s works. However, let me talk a little about the legalities surrounding public works and copyright law.
June 15th, 2009 | Category: Cinema Law | By Kristen Spanier
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Finding Time to Be Inspired
This might be a strange blog post. But I thought it was important to talk about staying inspired. I think when you’re self-releasing, no matter how crazy the schedule, you still have to find some sort of balance. Otherwise, before you know it, burn-out will find you.
June 12th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: The Importance of Finalizing Contracts
Q: A screenwriter and I signed a non-disclosure/non-circumvent agreement in late 2007 with the intention to make a movie together, myself serving as producer and bringing $6 million for the budget.
I found an overseas investor, the writer got paid WGA scale ($125,000 plus 14 percent) and as soon as the writer signed the deal with the investor, they conspired to leave me out and started production. But as the writer—a first-time writer-director—was so incompetent, the investor pulled his money out after only one-and-a-half weeks of shooting.
In the meantime, they left me hanging with no compensation. Suggestions?
June 9th, 2009 | Category: Cinema Law | By Patricia Millett
Notes from Overboard: Life on Set
I wrote earlier the director is the captain of the ship. I did not mean Captain Bligh. But you’d be amazed how many people say the main reason they want to be a director is so they “can tell people what to do.” Certainly valid. Although it might help to keep in mind that most people who operate under this principle have been assassinated.
Directing is not telling people what to do. It is setting up an environment where everyone feels valued and inspired to give you their best work; from each member of the crew to all the actors, including extras and stand-ins. The director’s vision is not a license to treat people like shit. Tyranny only makes people miserable. They start to hate their jobs and contribute less and less until they’re doing only the barest minimum to keep from getting fired.
June 8th, 2009 | Category: Notes from Overboard | By Tom DiCillo
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Four Weeks In and Going Strong
The Last Lullaby continues to tour. So far, so good. We’re at least breaking even every week and have three great stops ahead of us: A week at the Fleur Cinema in Des Moines (June 5-11), a slot in the Brooklyn International Film Festival (June 7 and 8) and a week at the Camera 3 Cinema in San Jose (June 12-18).
June 5th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Marlett & Me: Get Your Boots on the Ground in L.A.
Here’s a question a lot of people ask: Do I need to live in L.A. to be successful in the film business?
The simple answer is no. Or, maybe. Well, probably so. Like everything else in life, it just depends. On what? Lots of things. (Thanks, Dave-o. Can you be any more friggin’ vague?)
June 4th, 2009 | Category: Marlett & Me | By David Marlett
Cinema Law: Legal Issues for Docs?
Q: I am currently developing a documentary about life in a Section 8 apartment complex in our neighborhood. Beyond obvious things like releases from those who appear on camera, what other legal issues (short of defamatory issues) should I consider? For example, do I need permission from the apartment complex owner to film a tenant in his or her apartment? Do I need permission to film exterior of the complex (e.g., as tenants walk into the building, etc.)? I know permission is always better, but it may constrain the ability to tell the story if asked for (e.g., intimidation by owners of the participating tenants, etc.).
June 1st, 2009 | Category: Cinema Law | By Randy Whatoff
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' . $phpAds_raw['html'] . ''; } ?>Notes from Overboard: Whacked But Fact—Chronic
After the financing fell through on Box Of Moonlight for the third time I got an e-mail from one Fred Knimble. Fred had a production company based in South Africa that was looking for low-budget independent films. I sent him the script. He loved it. My producer Marcus Viscidi and I quickly worked out an option agreement that gave Fred and Uberlight Productions sole rights to the script for eight months. During that time Fred and his partner in Los Angeles, Daryl Pelts, would attempt to raise $6 million. Marcus and I were ecstatic. We’d never had that much money to make a film.
May 27th, 2009 | Category: Notes from Overboard | By Tom DiCillo
Marlett & Me: Get All Deal Points in Writing!
Rule One: Get All Deal Points in Writing!
The film biz is awash in crooks and con artists. And in this "dream factory" business, too many good and talented artists get duped. I can’t believe I gotta say this to all you smart people, but wise da f up!
There are two key elements to avoiding being stung: Get to know who you are dealing with and get it in writing. In this blog I am gonna rant a little about the second element.
May 27th, 2009 | Category: Marlett & Me | By David Marlett
Cinema Law: What's In a Title?
Q: I made a short film in 1983 and now a feature film is being made with the same title. The storylines are not the same but nobody checked with me about using my title. What options do I have? To whom would I file a complaint? Would it be with the studio making the film? The director? Or the screenwriter? Do I even have a case for suit?
May 25th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Week Three of Our Theatrical Release
Before I forget, I wanted to mention that there’s an article detailing how the money came together for The Last Lullaby in the latest print issue of MovieMaker Magazine (Spring 2009 edition, with Seth Rogen and Anna Faris on the cover). For those of you who want to take a look, the issue is available at most Barnes & Nobles, Borders and newsstands—or you can order it online.
Okay, now on to week three of our national release...
May 22nd, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Choice of Law & Fair Use
Q: I got a grant to go and make a short documentary film in India this summer, on a certain type of musical style, which I am now editing. While I was there, I did not make any of the musicians I filmed and recorded sign any type of paper. I would like to send the finished movie to festivals, and maybe distribute it, but don't want to have any legal trouble. What type of contract stipulating that they give me the right to what I filmed can I send them to have signed? And can I quote a passage of a book without asking for any authorization?
May 19th, 2009 | Category: Cinema Law | By Jonathan Steinsapir
Marlett & Me: Angels & Demons—Getting Repped in L.A.
It’s an odd state of affairs, the way Hollywood works. Agents and managers appear in control when they’re anything but. In truth, it’s the creators—the writers, actors, directors—who are the heart and soul of this town. They are the bosses, and I encourage those "bosses" to keep their reps in check, lest great projects never get to see the light of day.
May 18th, 2009 | Category: Marlett & Me | By David Marlett
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' . $phpAds_raw['html'] . ''; } ?>Notes from Overboard: Roll Model
When I was 23 I moved to NYC and started classes at NYU Film School. As the months went by I kept waiting for the day when I would actually learn something. I knew the art of directing could not be taught. I knew the faculty was doing their best to provide the basic fundamentals of filmmaking but still, something was missing.
Some of it had to do with my classmates. They were mostly guys, all with goatees and backwards baseball caps. One freaked me out by coming to class one day with his hat so far backwards it was actually forwards. The cutting-edge spirit was reflected in their films, which were strictly divided between stories of film students trying to get pizza delivered to their dorm rooms or lovesick, guitar-playing mimes in Washington Square Park.
After three years I walked out with an MA in Directing and the profound sense that I had no idea what I was doing.
May 16th, 2009 | Category: | By Tom DiCillo
Adventures in Self-Releasing: The Lullaby Tour Continues
The Lullaby tour continues, and really it’s the start of a new stage in the process. I’m writing from the Cedar Rapids (Iowa) airport, where I just spent the second weekend of our theatrical run. Our first weekend was in my backyard in Louisiana. But now, as we move forward, the film ventures into much less familiar territory.
May 15th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Marlett & Me: How NOT to Blow Up your Old Dog and New Truck!
Perhaps you’ve heard the "funny," awful story of the idiot who went ice fishing with dynamite, his new truck and old faithful dog? He parks on the ice, throws the lit dynamite, the dog retrieves the stick while the fuse is burning… then hides under the truck when the guy screams at the dog not to bring it back! You can imagine what follows.
May 13th, 2009 | Category: Marlett & Me | By David Marlett
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