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Cinema Law: Screenwriter Rights
Cinema Law: Screenwriter Rights
Q: When a writer sells the rights to his script to a production company, I understand that the writer no longer has the right to option his script to other production companies, even if he receives a better offer. That being said, does the writer lose all creative control once he signs his name on the dotted line? Can the production company go ahead and hire whatever director it wants and even change the entire tone of the script without the writer's approval? Basically, what say does the writer have in a project once his script is sold?
December 14th, 2009 | Category: Cinema Law | By Chad Fitzgerald
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Live Stream Days Away
We’re five days away from the live drawing for The Last Lullaby prizes. I hope to see many of you there. It’s the first time we’ve done something like this. It should be an unusual and very fun event.
November 13th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Adventures in Self-Releasing: Social Networking & Paranormal Activity
We’re five days into the online release of The Last Lullaby, and sales have been strong. But I’m always looking for other ways to spread the word. My recent efforts include posting on Facebook walls; I’m targeting affiliated groups with the most members. For instance, Sprague Grayden is in our movie and also has been on "24," so I posted on the walls of the most popular 24 Facebook groups—things like that. I’ll let you know about other efforts as we move forward.
October 23rd, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Notes from Overboard: Spanish Caravan
Just as my brain recovers from the trip to Deauville, someone sneaks up from behind and thwacks it with a giant tennis racket. As a result it lands in San Sebastian, Spain about seven hours before me and stubbornly keeps its distance. The five days there play like a slightly damaged DVD with only flashes of coherence breaking through.
October 22nd, 2009 | Category: Notes from Overboard | By Tom DiCillo
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: I Shoot, He Scores
Q: After the original composer for my film submitted his score, I found it to be almost unlistenable and rejected it. I hired a new composer to score the film, and this time the music worked much better. The original composer agreed that he'd be paid after the score was completed and I'd had a chance to listen to it, but since I thought he did a horrendous job, I refused to pay him and now he's threatening to sue me. Do I still need to pay him the original amount, or since his work was less than adequate? Is there something else I can do alleviate the situation?
October 20th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
Adventures in Self-Releasing: DVD Release Tomorrow!
Tomorrow, October 17, I’ll be releasing the first edition DVD of The Last Lullaby in Shreveport. It should be a memorable time signing DVDs and celebrating another significant milestone with some of the movie’s core group of support. That’s Saturday. Then Monday, October 19, is the online launch, when people outside of Shreveport can begin buying the DVD off the movie’s Website (www.thelastlullaby.com).
October 16th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Adventures in Self-Releasing: The DVD Release—It's Official
The next major step for The Last Lullaby is official. Here’s how I have decided to put it together:
We will have a world premiere DVD release and signing of The Last Lullaby at Giuseppe’s in Shreveport, Louisiana, Saturday, October 17th from 2 - 4 p.m. The movie on the 17th will sell for $20. Then, the movie will be available from our Website (www.thelastlullaby.com) beginning October 19th. If people buy online, the movie will also be $20. But, people could receive a 20 percent discount, depending on where we end up in our promotions.
October 1st, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Old Footage, New Media
Q: An obscure actor appears in a 30-second TV commercial in 1966. In 2009 he wants to put the long-forgotten commercial on his Website. Any reason why he shouldn't be allowed to do this?Read the Whole Post...
September 30th, 2009 | Category: In Theaters Now | By Suann MacIsaac
Adventures in Self-Releasing: Building Buzz Around the DVD Rlease
All right I’m getting close to releasing a limited, first edition DVD of the movie. As I’ve said before, this is something we’ll be offering off the Website (www.thelastlullaby.com) and in conjunction with Neoflix.
I’ve been thinking of ways to increase the interest around the DVD. Obviously, we don’t have a huge marketing budget and can’t afford television spend or even print ads. So, as an independent moviemaker, what can you do to make enough noise to build awareness around you and your movie’s release?
September 25th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Location Permission
Q: The trailer for my first film was recently posted online. A brief scene in the movie (which also appears in the trailer) was filmed at a local restaurant parking lot, which I never asked permission to use. Now, the restaurant’s owner, who had no knowledge of the film prior to the trailer's release, says he'll sue me unless the restaurant receives some sort of compensation. Does he have a case?
A: It appears that the restaurant owner believes that he has the right to compensation because his property and perhaps the trademarked name of his restaurant appear in your film. In all likelihood, that claim would fail. Obviously, a property owner has no right to compensation merely because his parking lot appears on screen. Imagine if a moviemaker filming in Times Square needed a license from every building, restaurant and store owner? This is untenable and not the law.
September 22nd, 2009 | Category: Cinema Law | By Gregory Korn
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' . $phpAds_raw['html'] . ''; } ?>Notes from Overboard: Deauville
September 5, 2009
9 a.m.
I’m sitting in the back of a car looking out the window. The driver works through the outskirts of Paris and heads north for the two-hour drive to Deauville. Landed at Charles DeGaulle an hour ago. Slept three hours on the plane. It is 2 in the morning, My Time, which might explain why what rushes by the window melts together in my brain like a stream of liquid confetti.
September 21st, 2009 | Category: Notes from Overboard | By Tom DiCillo
Adventures in Self-Releasing: Independent vs. Dependent
Just wrapped up my first “Business of Independent Film” workshop this weekend. I loved doing it and have decided to offer it again November 21 and 22. I wanted to share just a few things I covered in the workshop and a few other things that have come to my attention this week.
September 18th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Using a Song Title as Your Movie Title
Q: I have a conflict with the title of my movie and the title of a famous song; let’s just say it’s “Free Fallin.’” Neither the movie’s content/storyline, nor the title of the movie itself have a reference or connection to the song lyrics at all, besides the fact that the title is the same. The title is a common phrase that is used, but I’m afraid that if I name my movie as I want to, that I will get into trouble as far as copyrights. Can you tell me how likely I am to be sued for copyright infringement if I use a title that coincidentally is also the name of a famous song?
September 15th, 2009 | Category: Cinema Law | By Gregory Gabriel
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Streetballers & Weather Girl
Today I thought I would bring in two other moviemakers who have decided to self-release this year. Both have had significant success on the festival circuit and are two of the most dedicated and hard-working people I know.
September 11th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Using Footage for a School Project
Q: I want to have my school class make a virtual online art exhibition as a class project. Can they legally use a few seconds of footage from various art films and/or magazine or book images of art on the school's Website?
A: The purpose of copyright law is to promote creativity by providing legal protection for “works” that have been “fixed in a tangible medium.” By law, a copyright owner is given the exclusive rights to reproduce, distribute, publicly perform and publicly display the copyrighted work. The art films, magazines and book images that you reference in your question are “works” that would be entitled to copyright protection, meaning that if those works were copied or reproduced without the owner’s permission, then the owner could sue for copyright infringement.
September 8th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
Adventures in Self-Releasing: Self-Distribution Survey
It’s been a quiet week. I’m back in Shreveport as I wait for another wave of Lullaby activities (festivals, releases, etc.) to begin soon. This week, I figured I’d turn my blog over to you readers. You’ve often asked me questions and I’ve often expressed my opinion. Now, I’d like to gain your perspective on a few things. It’s my hope that many of you will chime in on some of the questions below in the comments section (and with each of your responses, it would be great if you also included a list of your 10 favorite moviemakers):
September 4th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Big Star, No Money
Q: I’m an independent moviemaker currently in development on a new project. We are speaking to a pretty well-known star but don’t have the budget to necessarily pay the actor up front, so he’s requested we pay him on the back end with participation fees, residuals, etc. However, what if my movie doesn’t do well or doesn’t ever see distribution? How do I ensure that I don’t get sued by the talent? What can I do to protect myself from this?
September 2nd, 2009 | Category: Cinema Law | By Chad Fitzgerald
Adventures in Self-Releasing: More Successful Self-Releasing in 8 Steps
We're in a slightly quieter period now with The Last Lullaby. Figured I’d switch formats again for this week’s entry as I look back and examine some of the decisions I’ve made. I will soon be starting my next movie and, as with anything, I do hope I’ve learned from some of my mistakes.
Q: Is there an ideal week to open an independent movie?
August 28th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Protection for Behind the Scenes Footage
Q: About 20 years ago, a U.S. film production had done a location shoot in Japan, and I was one of the local hired crew. Since my position allowed me to shoot photographs on set, I also videotaped the production as well—creating sort of "behind the scenes" videos. The video was never intended for commercial use, just for recording daily activities instead of writing journals on paper. U.S. crew (including producers) knew and acknowledged that I was videotaping.
August 25th, 2009 | Category: Cinema Law | By Patricia Millett
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Three Things Left
Took a week off from the blog. Just needed to catch my breath for a second. People ask me all the time when I'll be ready to move on to my next project. As with everything in this process, it's probably different for each person. For me, I still have three areas I want to pursue and follow through until the end:
August 21st, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Who Owns the Footage I Shot?
Q: I have an issue with a large client that has never asked me to sign any agreement or contract. A little while back, they asked me for a year’s worth of B roll footage I shot for them. I eventually gave it to the client because I thought it was covered under the “work for hire” doctrine. Now I don’t think that is true. Can I deny them if they request footage in the future?
August 19th, 2009 | Category: Cinema Law | By Randy Whatoff
Cinema Law: What's the Deal With YouTube?
Q: I am producing an independent documentary and would like to include a video that was submitted on YouTube. The video is of a preacher/pastor who looks like he is sitting on the steps of his house or the church, and preaching a sermon to the camera to post on YouTube so "everyone can see his face." Is it okay to include this video?
August 11th, 2009 | Category: Cinema Law | By Amber Holley
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' . $phpAds_raw['html'] . ''; } ?>Adventures in Self-Releasing: Indiewood By the Numbers
I’ve been obsessed with the Box Office Chart that appears on indieWIRE every Tuesday for a while now. So I thought I’d go through the top 15 American narrative movies on this week’s list and see what we can learn from the numbers. Something can be learned from every single movie on the list, but since The Last Lullaby is an American narrative, I thought I would make that my focus:
August 7th, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
Cinema Law: Not Receiving a Credit or Pay?
Q: I was wondering if you could give me advice. I recently completely a VFX job for a movie that has since been released. The people behind the production told me that they were giving me a credit for my VFX work. I've checked on IMDb and they did not give me the credit. I have all the files and I did not sign a release for my work! They did not pay me well, saying that the credit was more valuable then the money. Now, I have no money and no credit! What I should do? I would like to sue because I worked hard on this project—15-hour days to finish the job for $400 a week—and believe I’m entitled to the compensation promised.
August 4th, 2009 | Category: Cinema Law | By Jennifer McGrath
Adventures in Self-Releasing: Hollywood vs. Indiewood
As I mentioned last week, I’m gearing up for another two-week run of The Last Lullaby beginning July 31. After this run, that’ll be nine weeks that we have been in theaters. I think that’s a pretty respectable accomplishment. Sure, I wish we had done better numbers in certain places, and there are a couple of changes that I’m now making to my approach, but 63 days in theaters? I’m proud of that. And hopefully there will be another stop or two before it’s all over.
July 31st, 2009 | Category: Adventures in Self-Releasing | By Jeffrey Goodman
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