Stopping Film Title THEFT

by Mary Ellen Tomazic

The global reach of the internet brings the opportunity for artists, authors, and filmmakers to find wider distribution for their works. Unfortunately, that opens the possibility of infringement or outright taking of the works by others for their own use without attribution or compensation for the owner.

Piracy and misappropriation of works of authorship is rampant throughout the world, and many movies, recordings, and products under copyright or trademark protection in the United States can be found online on foreign websites. These are termed “rogue websites” by the Motion Picture Association of America,[1] and “notorious foreign infringers” in the SOPA legislative language.[2]

Profitable Filmmaking for Nonprofits
An Introduction to the Laws

by Mary Ellen Tomazic

Can a nonprofit organization make a profit? And if so, what kind of trades or businesses can it operate at a profit and still keep its tax exempt status?

Production Seminar
Set for Sundance

The topic is “Financing Your Film: Avoiding the Pitfalls from Business Plan to Distribution" for a panel of industry experts including attorney Corky Kessler, Lousie Levison (President of Business Strategies), Todd Hein (Senior Manager Federal Tax Unit, Crowe Horwath James), distributor Gil Agaure and David Mackin (VP, JMB Insurance).  

The panel, moderated by John Corser, will run from 1:30 to 4pm on Monday, January 23rd in Park City. Cost is $15.

This seminar is ideal for filmmakers in the development stage. The panel will answer specific questions and offer their expertise about the filmmaking process. Beyond a step-by-step explanation of how the business looks at a film project, the seminar will explain the need for a business plan, the necessary contracts, the subtleties of comparing state incentives, the pre-production pitfalls to avoid and how it all effects your financing and distribution deals.

Information and registration is online at http://snipurl.com/21mh5ez. For more information, contact Liz Servis, FilmUtah, 505-550-7200, liz.servis@gmail.com

The Current State of Music Sampling

by Mary Ellen Tomazic

Case Comparison – Entity Production Inc. v. Psychotic Records, Inc. and Bridgeport Music, Inc. v. Dimension Films  

Spike Lee Faces Fellini's 8-1/2

by Dan O'Brien

I don’t know very much about Spike Lee except that he’s a filmmaker, screenwriter, actor and probably a lot of other things and apparently a somewhat polarizing individual, people either like him or they don’t.

A few weeks ago I happened to come across his book, Spike Lee’s Gotta Have It – Inside Guerrilla Filmmaking[1].  I had not previously known about the book and now I’ve come to the conclusion it should be included in the curriculum of every filmmaking course.  

Production Journal

The book is a compilation of Lee’s journal while trying to make his movie She’s Gotta Have It and has the movie’s screenplay and the transcript of a lengthy interview of Spike Lee by Nelson George to sort of pad it out.

I think the most valuable section is the journal which really describes the somewhat unsung role of the producer as a member of the production team.

Let's Return Our New Gear

I have returned to the U.S. after an out-of-the country assignment for which I may or may not eventually get paid and which was one of the more unpleasant adventures of my professional life.

Supposedly set in a “tropical paradise,” it was tropical, all right: tropical heat, tropical humidity, tropical bugs, tropical snakes, and highly suspect tropical food and drink.

Totally aside the point, even in this God-forsaken place such that the term “third-world” would be an insult to actual “third-world” countries, they have CNN and the locals are totally conversant in American politics.  This is somewhat embarrassing because the Americans on the crew have only a cursory interest in the subject and spend most of their time playing with their iPads . . . and avoiding really nasty snakes.

But I digress....

Words Matter

by Norman C. Berns

It's time to get a handle on your bios & resumes, pitches & business plans. Before you write another word, it's smart to check the most despised buzzwords in the corporate world. These are the words that should die if you hope to have your project live.

This list was compiled by CareerBuilder from a questionnaire to 5,000 workers. Some of those people may be getting ready to open your email even as we speak…Perhaps a quick edit would be in order.

Here's the list of no-nos....

WikilLeaks Meets Dr. Strangelove

by Dan O'Brien

Cut to int. Burpleson AFB. MANDRAKE walks hurriedly through the halls with the portable radio producing another jazz tune, now upbeat. MANDRAKE enters RIPPER's office.

MANDRAKE

Excuse me sir, something rather interesting's
just cropped up. Listen to that. Music. Civilian
broadcasting. I think those fellows in the Pentagon
have given us some sort of exercise to test our
readiness. Personally, I think it's taking it a bit
too far; our fellows will be inside Russian radar
cover in about twenty minutes. You listen to
that. Traffic block full of stations all churning it
out.

RIPPER

Mandrake...

MANDRAKE

Yes sir?

RIPPER

I thought I issued instructions for all radios on
this base to be impounded.

Limited Liability Companies for Films
Financing and Securities Fraud

by Mary Ellen Tomazic

If somehow your film LLC membership offerings still do not come under any state or federal exemption, or you do not want to go through the filings and notifications required for the exemptions, you could run into some real trouble. A recent case involving the selling of film company LLC memberships outlines the tests that courts use to determine whether an offering is a security, aside from any possible exemptions.

United States v. Leonard, [1] held that in determining whether LLC memberships were `securities’ requiring registration under state and federal securities laws, a “totality of the circumstances” test should be used, rather than a literal reading of the LLC’s organizational documents. A “case-by-case” analysis of the “economic realities” of the transaction underlying the transfer of the LLC interests was required.

In the Leonard case, sellers of interests in companies formed to finance the production and distribution of motion pictures were convicted of criminal conspiracy, mail fraud and securities fraud.

Mary Ellen Tomazic is an attorney in Cleveland specializing in entertainment issue
such as copyright, trademarks, contracts and licenses for musical groups and filmmakers.

A Camera's Not Enough

Luis Villalon-Meunier (via LinkedIn)

As happens frequently, one of the LinkedIn film groups was talking about the latest & greatest video cameras. We all marveled at this technology that grows ever smaller, ever more powerful and ever less expensive. This particular conversation seemed dominated by newbies, and most of whom were certain that this camera du jour was just the ticket to solving all their production problems.

Not so fast, interjected group member, Luis Villalon-Meunier, explaining that the tool isn’t as important as the skill in using it. His entire post follows.

At film school (a million years ago) we used Super 8, and maybe B&W reversal 16mm (shot with a Bolex) because it was cheaper than color. We edited the original raw materials on rewinds and viewers that scratched the film beyond recognition.

Limited Liability Companies for Films
The Right Setup to get Funding

By Mary Ellen Tomazic

Obtaining financing for your film is a daunting task, especially in this rough economy. If you do find an `angel’ to invest in your film, the type of business organization form you select will make a difference in how you receive the funds.

Partnerships are the most common business form, and other forms, such as an LLC, with more than one member, will revert to this model if statutory requirements are not met. type of business organization form you select will make a difference in how you receive the funds.

The classic investor model for a Broadway production is a Limited Partnership, which allows for general (managing) partners and limited (non-managing investor) partners. In this form, the promoters are in charge, the limited partners are entirely passive. Promoters hire and organize things; limited partners give in their percentage of the funds and sit down!

Of course, the tax treatment is different from an incorporated company, with each Partner being taxed on the individual level by his percentage of participation in the profits. The entity itself is not taxed as is the case with a corporation.

Monsoon Manages Streaming Content

SAN MATEO, CA – October 13, 2011 – Monsoon Multimedia today announced their Multi Screen Policy Management Solution (MPMS), enabling media content providers to control the viewing rights of streaming content.

The new system controls how consumers can stream or record specific channels or shows. It gives control to media content providers who would be able to decide whether (and how) their content can be streamed for viewing and recording.

“We created a solution that controls what content can be watched on which device at what time,” said Paul Friedman, Executive Vice President at Monsoon. When a channel or show is requested, Monsoon’s system checks if the viewing is authorized.

Limited Liability Companies for Film
Basics of Forming LLCs

by Mary Ellen Tomazic

Independent filmmakers are busy people and often wear many hats. The producer of an independent film is often the person organizing the numerous tasks and people doing them to put a film together.

To make sure the producer is not the one holding the bag for everything at the end of the production, the filmmaker needs a business organization that spells out who does what, who is responsible for paying for things, how those people are to work together, and under what circumstances they are to break up.

The creative rush of working on a film sometimes has the effect of putting the business organization on the back burner, but this can have dire consequences.

Like any group of people forming to do business, a film should have a formal business form, or the principals will be liable for all the debts of the project personally. If there is no business form registered, the participants will be treated and taxed as a partnership, with each partner liable for his or her divided share of the debts.

Mary Ellen Tomazic is an attorney in Cleveland specializing in entertainment issue
such as copyright, trademarks, contracts and licenses for musical groups and filmmakers.

Media Convergence Unit Turns Smartphones into Media Players

SAN MATEO, CA – Sept 15, 2011 – Monsoon Multimedia has announced the launch of the Vulkano Lava, giving cable subscribers worldwide access to their media.

The 802.11n unit connects wirelessly to home networks and includes a 4GB internal drive for storage. The Lava provides remote access to all media (including television, DVDs, music and stills), turning computers and handheld devicies into Mobile Video Recorders and viewers through Wi-Fi or 3G.

The Vulkano Lava's  six-in-one convergence enables users to:

• schedule and record programs
• stream TV to smartphones, tablets and computers
• watch YouTube on a TV
• watch TV in different rooms without additional set-top boxes
• stream music, photos & videos to TVs
• record content to smartphones, tablets and computers

Lava users will need to download and install appropriate Mobile Player apps (at $12.99 each) in order to watch and control TV channels and content. The main unit includes features to control and access media on all platforms; it carries a MSRP of $199.

The new Vulkano Lava has arrived for testing & review. Check back for details on this exciting product for filmmakers!

Trademarks in your Film
Installment #4
Using Marks Owned by Others

By Mary Ellen Tomazic

Hitachi's First 4TB Drive

G-Technology™ has introduced the first two-drive 8TB G-RAID™ external drive and a new 4TB drive. With fast throughput, both are ideally suited for Post Production.

Helping empower creativity beyond its current limits, the 8TB G-RAID drive makes digital production faster with super-sized, affordable storage that gives post editors and supervisors a highly competitive edge. 

G-RAID with Thunderbolt - More than Just High-Speed RAID

Not only does the G-RAID Thunderbolt showcase data transfer rates up to 10 Gbps, it shows sustained throughput handling multi-stream compressed HD workflows including REDCODE, DVCPro HD, XDCAM HD and ProRes 422 . At 8TB it is also the highest capacity, two-drive, RAID 0 external storage device in the world, ideally suited to  storing hours of clips, composites, digital intermediate (DIs), proofs and effects.

Trademarks in your Film
Installment #3
Famous Buildings & Facades

by Mary Ellen Tomazic

IV. Famous Buildings and Facades

The appearance of famous or landmark buildings and facades in a filmmaker’s shot has caused much consternation and discussion, not to mention the creation of myths in the filmmaking community.

As with the use of copyrighted music, there is no amount of time associated with an automatic finding of fair use of the famous building or trademarked product in another creative project. It comes down to the same type of guidelines in copyright law, as set out in the previous installment in the New Kids case.

The use cannot be overly highlighted so as to suggest association or sponsorship of the work by the trademark holder, should be only enough to identify the authentic product, or in the case of a building, the location; and it should be in a situation where there is no other way to refer to the building or landmark other than by its proper name.

The appearance of a famous building in a larger work such as a film, as opposed to a poster created that used the trademarked façade to sell posters of that building as such, should be deemed nominative and not an infringement of the mark. The most well-known example of this difference is in the case of Rock and Roll Hall of Fame and Museum, Inc. v. Gentile Products[1], in which an injunction was issued against a photographer who was selling posters bearing a photograph had taken of the Rock and Roll Hall of Fame and Museum building.

The district court found that...

Mary Ellen Tomazic is an attorney in Cleveland specializing in entertainment issue
such as copyright, trademarks, contracts and licenses for musical groups and filmmakers.

Incentives Update - August 2011

from The Incentives Office at Ease

Although many states have curtailed or terminated their incentives programs, others have expanded or enhanced their programs. There is still a substantial amount of money available - to find it:

Alabama - $6 million available now, with new funds will be available on October 1st. $10 million annual cap.

Alaska - $50 million is available. Alaska has no caps on talent or projects, but requires a CPA audit to sell their 30-44% credits.

Colorado - $500,000 remains for their 10% rebate.

Connecticut - no annual cap. Regulations have tightened up for this (up to) 30% transferable credit.

Florida - (film only - see below for television). Only Florida resident cast and crew qualify, plus FL goods and services.

Georgia - 20% transferable credit, plus 10% uplift for logo (totaling 30%), requires audit/tax return. New sound stages, lots of post facilities. No annual ceiling.

Hawaii - refundable credit of 15% to 20%, requires a tax return. No annual cap.

Illinois - only resident cast and crew qualify, but Chicago is a major production center. Transferable credit of 30%. $100,000 per hire cap, but no annual ceiling.

Trademarks in your Film
Installment #2
Recent Judicial Actions Using Marks

By Mary Ellen Tomazic

III. Recent Judicial Tolerance

In the past, courts have taken a hard line stance in favor of the mark owners in finding infringement when a trademark is used without authorization as part of a film, reasoning that the use may lead the viewer to think there is some connection between the product and the film.

In recent years however, many courts have shifted more in favor the defendant filmmakers in ruling that if the mark is not unreasonably displayed or highlighted, and is used incidentally in the film, there is no infringement. Barring unusual circumstances, such as unnecessary or abusive use of the mark, the appearance or mention of well known trademarks or products bearing them in expressive works does not give rise to a valid cause of action for infringement.[1]

Since the purpose of trademarks and service marks is to identify goods, there has been an ongoing debate whether the appearance of trademarks in a film constitutes infringement of the mark, since that type of use is not identifying any product.

The Lanham Act[2] protects trademark owners from consumer confusion over the source of products or services. A test for application of the Lanham Act has been developed in the courts, balancing the public interest in avoiding consumer confusion against the public interest in free expression. More concerning to filmmakers is the second cause of action for trademark infringement, which involves anti-dilution statutes, protecting trademarks from tarnishment, using the mark in a negative light or on inferior or unwholesome products.

Mary Ellen Tomazic is an attorney in Cleveland specializing in entertainment issue
such as copyright, trademarks, contracts and licenses for musical groups and filmmakers.

Trademarks in your Film
Installment #1
How to Use Marks Owned by Others

By Mary Ellen Tomazic

I. Concerns and questions from filmmakers

A common ongoing concern of filmmakers is whether and to what extent a trademarked image may be included in a film.

Questions abound in the film community about whether someone’s logo can be used in the film, what if any is the difference, if any,  if it is filmed from a public place, and what about famous public buildings? Filmmaking message boards often include robust discussions about the concept of product placement and its role in independent films.

In these technologically advanced days, the question of whether YouTube may be used to advertise or update progress of a film, and whether trademarks can be included in trailers uploaded to that site. Just as you cannot take anything you want off the internet, owners of trademarks and other intellectual property will be watching to make sure their materials are not uploaded to the internet without their permission. The items on the internet may be there with permission, though you will not be able to tell that from viewing the photograph or clip. It also may have been taken and uploaded without permission, and the uploader may have already gotten a threatening letter from a lawyer representing the material’s copyright holder.

It is a rare case that programs or clips on the internet are in the public domain, and the risk of not being able to obtain insurance or distribution for your film is not worth taking the material. In addition, YouTube now has an automatic video monitoring service called “Claim Your Content” which will automatically identify copyrighted material and remove it from its site.[1]

Legal Music Rights for Film
Installment #5
Fair Use & the Parody Defense

by Mary Ellen Tomazic

       The concept of “fair use” of copyrighted material has been the most mythologized of all in copyright law. It comes up in almost every discussion of copyright, with people asking whether they can use `only a small amount’ of a musical piece and get away with paying no fees, or claiming they have changed it to make its use non-actionable.

       Neither of these notions is true.

       The federal copyright law does provide for a limitation on exclusive rights for certain narrowly defined purposes, and the statute and case law sets out the factors that courts use to decide whether a use is infringing. 17 U.S.C. § 107 lists these factors as

              (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
              (2) the nature of the copyrighted work
              (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
              (4) the effect of the use upon the potential market for or value of the copyrighted work.[1]

       The law then sets out a caveat to these factors in the same section:

              The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[2]

Legal Music Rights for Film
Installment #4
Budgeting for Licensing

by Mary-Ellen Tomazic

No performance license is required for commercial exhibition of motion pictures in United States theaters; however, a separate performance license is required for in-theater performances in Europe.[1] With the use in a film of an existing recording, record companies may require a separate license for distribution of the film in a format for home viewing, or a `home video license’.

This may provide for a unit sale royalty to the record companies and possibly for royalties for each rental of a video disc.[2] Film producers may attempt to include the rights for DVD or other media formats for re-release of their film along with the original license so they do not incur additional licensing fees. If the cost of this additional license is prohibitively high, or if the copyright holders of the original song refuse clearance for the re-release, the filmmaker may edit out the affected song upon re-release in other formats, or replace the original recording with a similar one.

Since agreements for synchronization licenses are voluntary and are negotiated based on industry standards, but the contract language must clearly reflect all the possible uses contemplated by the parties, whether they are then in existence or not. In the case of Bourne v. Walt Disney Co.[3], an assignee of copyrights for musical compositions contained in two animated motion pictures, “Snow White and the Seven Dwarfs” and “Pinocchio” brought an infringement action against a motion picture and videocassette company, based on distribution of videocassettes of the motion pictures and use of the compositions in television commercials.

Production Incentives Update
July 2011

from The Incentives Office at Ease

PENNSYLVANIA
Governor Corbett signed the 2011-2012 fiscal year budget, which provides $60 million in funding per year for a transferable tax credit of 25%. Applications are now being accepted.

RHODE ISLAND
The Rhode Island Governor has signed the new budget, which provides $15 million per year to fund the incentives program.  The state offers a 25% transferable tax credit, which applies to goods, services and labor, and  includes out-of-state cast and crew.

NEW JERSEY
Although the Governor vetoed legislation that would increase the funds available per year, he did not extend the freeze on New Jersey's existing program - the freeze expired at the end of June.  The program offers a transferable tax credit of 20%, which includes resident and non-resident cast and crew.  If credits are not available when a project is completed, they may be received the following fiscal year.  We understand that most of the fiscal 2011 credits have been allocated.  Check with the film commission, if interested.

Living in Interesting Times

by Dan O'Brien

The recent earthquake and tsunami in Japan caused damaged factories and worldwide shortages of components for a variety of electronic gizmos we utilize every day.  Since our best and brightest are so in favor of single-source supply and “Just-in-Time” inventory control, the disruption of even the most minor part of a gizmo means the gizmo can’t be made until the supply is restored.  You wouldn’t think that this seemingly obvious cause-and-effect would have to be learned repeatedly . . . but that’s where you’d be wrong.

I remember learning about all of this in MBA-school.  It didn’t make a lot of sense to me then and it doesn’t make a lot of sense to me now because it all hinges on the never-articulated assumption of certain events never happening that are almost guaranteed to happen sooner or later.

Early in my career I had to budget for a season of baseball remote broadcasts and I included a contingency for delayed games and rainouts.  The boss raised hell and said to take it all out, so I did.  We covered the season and guess what?  There were delayed games and rainouts.  What a surprise!  Like this has never happened before!  So we wound up the season over budget by the amount necessary to hold the crews for delayed games and the unbudgeted setups for rainouts.  More raising hell.  To this day I never understand that kind of budgeting which I call “aspirational budgeting.” It still goes on.  I see it all the

It’s as though people believe that if you just don’t budget for it, it won’t happen.

Legal Music Rights for Film
Installment #3 – Copyright basics

by Mary Ellen Tomazic

Music used in films is subject to federal copyright laws, which allow for exploitation of such rights.

Title 17 of the United States Code at section 106, Exclusive rights in copyrighted works[1], grants exclusive rights to the creator of the work, such as the right “to reproduce the work in copies or phonorecords”, and to “prepare derivative works based on the copyrighted work”.[2] Specific rights pertaining to sound recordings are found at section 114 ‘Scope of exclusive rights in sound recordings” which is “…limited to the right to duplicate the sound recording in the form of phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording.”[3]

This is the statutory authority to grant a mechanical license to reproduce a copyrighted musical composition. ”Cover versions” or different musical arrangements of compositions, and the statutory royalties which must be paid for making them are set out in section 115.[4] Recording a cover version of a song for your movie will involve obtaining a compulsory mechanical license by giving notice to the copyright holder before or within thirty days after making, and before distributing any phonorecords of the work, including digital delivery.[5]

For purposes of filmmaking, the `delivery’ would include the song’s recording and synchronization with the film. Any person en titled to obtain a compulsory license may instead negotiate with the copyright owner of the music and agree on the terms and rates of royalty payments.[6]

Legal Music Rights for Film
Installment #2
Local Artists & Commissioned Work

by Mary Ellen Tomazic

It is important to keep in mind whether you will actually need a well known composition or recording to set the mood or tone in your film, or to identify a particular period in time, ala `American Graffiti’.[1]

For example, a filmmaker thinking of making a horror film using the music of a well known horror punk band such as The Misfits may find the music is too expensive to license, and may want to go with a lesser known or local artist of that genre. Several versions of the band The Misfits are registered with ASCAP and their publishers administer licenses for their music.[2] The band Dead Vampires from Seattle[3], on the other hand, are not registered with ASCAP, so permission to use their songs in your film may be easier and less expensive to obtain.

Songs by self published local bands such as Dead Federation[4] and American Werewolves[5], both from Cleveland, also may be less expensive and complicated to deal with, and may be able to work out a composition specifically for your film.

A composer hired to score your movie should ask, “What do you want music to do for this scene?” If[6] a director can answer this question, then the composer can avoid the mindset of trying to match a particular sound or style. Instead they can focus on making the music do what the director wants and create a stronger story.

Legally Obtaining Film Music Rights
Installment #1 – Clearance basics

by Mary Ellen Tomazic

Music is often a very important part of a filmmaker’s creative vision in putting together a film, and the collaboration between musicians and filmmakers can result in great things for both parties.

From the point of view of the musician, the use of his or her music in a film brings up not only issues of payment, but of attribution, business relationships, and reputation as well. The filmmaker has to think of how he or she would feel if some of his or her work was used in another film or project, and the rights to be protected.

The clearance of rights to music are mostly negotiated and not statutory, and involved people and entities other than the musician, such as record companies, music publishers, and music performance societies. Whether the filmmaker wants to use existing music or commissioned music, there are certain steps which must be taken, which can be costly and time-consuming. To ignore these steps and attempt to use music without obtaining rights to it, either because you think your film is `too small’, the amount of music used is `minimal’, or not enough money will be made to make a difference to the rights holders, is a risky and foolish proposition.

The Danger

As most filmmakers dream of their film “making it big” even if it starts small, you would be foreclosing yourself from that ever happening if you use music that has not been cleared. You will not be able to get a distribution deal, may have lawsuits filed against you and everyone involved in making the film, and at the very least may have to reshoot your film without the music that has not been cleared.

This will not only be very costly to you, but may ruin your reputation for future filmmaking.

As Close as Brothers

by Dan O'Brien

We weren’t brothers but we acted as though we were.  It was one of those friendships formed in undergraduate school when we worked on each other’s TV projects.  He was a much better cinematographer than I was and it difficult to picture him without his trusty Bolex 16mm camera plastered to his face.  I was never a fan of Bolex equipment, preferring the through-the-lens viewing of Arriflex or

We seldom saw each other in person but kept in touch through many years and changes of fortune.  After the Air Force, his career took him in the general direction of TV directing where his exceptional skill with children allowed him to create some truly innovational children’s programs on a variety of local TV stations.

He saw children not as little consumers to be marketed to, but as miniature adults with dreams and aspirations just waiting to be awakened by the right music, the right visual or the right script.  His programs bristled with ideas about what you the young viewer could do or could become and that your dreams could be realized.  Most especially, he told each child that his or her life was valuable and worthwhile.

Out of Winter comes Spring

by Dan O'Brien      

If you have ever seen the movie Fargo then you’ve seen North Dakota in winter.  Roads are barely distinguishable from the rest of the snowscape. The wind is unrelenting and it’s really, really cold.

Where I am there is only one radio station on the car radio, and it’s Canadian.  My cell phone has no signal.

I’m here as a sort of consultant but I’m rarely called on for anything other than just hang around so there’s time for taking in the surroundings and making notes in case I ever need to write a scene set up here.

I am spending a lot of time in the local hangout drinking some very strong coffee and eating some remarkably good caramel rolls when it occurs to me that this is where America actually takes place.  This area has three kinds of businesses, farming, oil and things that are peripheral to farming and oil. 

The spring is a few weeks away and the oil fields are mainly idle, which is curious when gasoline is near $4.00 a gallon but that’s a story for another time so the guys, and they are nearly all guys, now have time on their hands and I get to talk to them.  It’s obvious that I don’t quite fit in and they’re curious about me and what I do probably as a way to break the monotony of driving their trucks endless miles looking at nothing but ice.

The Making of GASP
Film Production on a Micro Budget

by Producer/Director, Thomai Hatsios

After years of experience in theater and film/video production, I was ready and frankly, aching to direct a narrative.  When I realized how expensive the short & feature length screenplays I had previously written would be to produce, I decided to sit down and write a short screenplay that could be made in my apartment with my friends, at a time when work in L.A. was scarce. 

My previous experience directing and editing promo's, industrials, music videos, experimental films and documentaries, supporting other directors; having worked my way from P.A. to coordinator, 2nd and 1st AD, PM and producer all informed my writing process.  I was ready to write an inexpensive screenplay.

In a conversation with friend Belinda Ellis, (producer, production accountant and for Gasp, wardrobe) she suggested I write what I know.  Having overcome a debilitating illness, surviving long enough for modern medicine to come up with medicines that now have me symptom free, I had the start of a story.  To make it more interesting, I wondered what it would have been like for me if I did not have a car, certain skills, and other privileges while surviving those symptoms. It took me less than 20 minutes to write the 20 pages that would become the short film, GASP.

Time to make the budget

The original budget (with the previous title: Inspire Expire) is at the end of the article.

We went a little over, but managed to stay pretty close to the original budget. Of course things came up that were unexpected.  In my case, that meant going into bill and rent money. 

Our overages included:

The hostess tray for the car driving scene, a run to a fast food place (when the kitchen was not available to warm up the lunch I had prepared the night before), fire extinguishers (when the hazer wouldn't work), a put- put gennie for a day, the red dress our lead actress wore ($15 at Target) and set dressing (signs).  Overall, our overages totaled under $350 and our delays added up to 4 hours.

Indie Feature Filmmaking
In A Bad Economy

by Michael R. Barnard

In filmmaking, there has always existed an uneasy alliance of art and commerce. Movies have potential to be both emotionally and financially powerful. They offer artistic expression, profit potential, and career possibilities.

Movies can be created solely because of demand for profit or for a passion for storytelling … or for any number of reasons between those two ends of the spectrum.

Other forms of artistic endeavors share this potential -- books and fine art, for example -- but movies have a unique position because of their collaborative nature. Movies require dozens of artists and craftspeople and business people. The artists might be interested in only their personal expression; the craftspeople might be interested in only the job and wages; the business people might be interested in only the profit potential.

Sometimes, though, a movie project comes along that generates passion and excitement for all of these types of people for reasons that exceed their own self-interests.

NATE AND KELLY is such a project.

Why is Theatrical Box Office Income Going Down?

$BO

Movie Magic Updated to v7.2.2153

Entertainment Partners has updated their iconic Movie Magic budgeting program, raising the version number to 7.2, build 2153. This link connects directly to the download, free for all current owners of MM v7.

WHAT’S NEW IN THIS RELEASE

ENHANCEMENTS

• Auto Complete is now available in the Currency column.
• Sub Total is now available in the Amount Column.

PRINTING

• ?64bit printing issues have been resolved on both Mac® and Windows®.?
• Column minimums have been adjusted to allow more content.
• Page number column on the Top Sheet displays correctly.
• Blank pages have been removed from printed reports.
• Reports now print when text wrap is selected.
• Print preview displays budget when both line number and text wrap are selected.
• Account Header row in the Detail Report is now properly bolded when text wrap has been selected.
• In Budget Comparison the Applied Credit now displays parenthesis for negative sums.
• Aggregate fringe column has been removed from the “Classic Report.”
• Account Report prints with Applied Credit hidden or in view.
• Print Setup properly prints Fringe report.
• Fringe Breakdown Summary Report displays properly round amounts.

Slim & Sleek

Peter Davison
"Scoring a Documentary"

What does it take to deliver a great score that enhances a documentary? 

Composer Peter Davison outlines the steps, note by note, on this LA Talk Radio interview.

American Jobs Creation Act of 2010 Section 181 Extension

by Hal "Corky" Kessler

Corky Kessler will be in the Sundance panel, "Financing Your Film,"
Monday 1/24/2011.  Register at http://www.financingyourfilm.com/

On December 16, 2010 Congress voted in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The President signed this into law on December 17, 2010.

With the American Jobs Creation Act of 2010, Section 181 was extended for two years. All qualified films and television projects made in 2010 and all qualified films and television projects to be made or begun in 2011 will be covered under Section 181.

Section 181 first came into effect in October, 2004 under the American Jobs Creation Act of 2004. Under Section 181, all taxpayers, individuals or companies who invest in qualified films or television projects can have a loss of 100% of the money invested in the production in the tax year or years in which the production company spends the money invested.

Each qualified film or television project can expense out to the taxpayer investors an amount up to a maximum of $15,000,000 per film or $20,000,000 per film if a significant amount is filmed or paid in a low-income state. In television, the amount allowed to be expensed out to the taxpaying investors is up to a maximum of $15,000,000 or $20,000,000 per episode for up to 44 episodes.

Seamless Collaboration
with a Film Composer

by Carl Sondrol

Good film music communicates.  It helps a film inject emotion directly into the viewer’s brain, gives them information about a scene, smooths a transition, or any number of other things.  But none of this is guaranteed just because you throw a composer at it.  The success of the score in your film is very dependent on how effectively you and the composer communicate.  Below are a few key lessons I’ve learned over the years on how to successfully collaborate.

First off, ask: What is the purpose of putting music in your film?

Before you go asking for a wall-to-wall 90 minute score, do you have a clear idea of the role music should play in your film and what you’d like it to accomplish?  Your collaboration will be unbalanced from the start if you and the composer aren’t on the same page here.  Fortunately, this isn’t necessarily a hard question to answer.  My favorite method to do so is to take a scene (or the film as a whole) and ask: What is this communicating to the audience?  Is it saying everything it intended?  Is it already “complete”?

Listen to sample music below....

Saving the Golden Langur

Wisconsin-based conservation organization outlines their efforts to save the Golden Langur and other species in Assam India.

Little Big Man

by Mark Magee

This entertaining, sprawling anti-western is as much a reflection of America in the late 60s as it is a storyabout the American West. It is the first film to honestly deal with the plight of the Native American and shows the many injustices put upon them.

It is shown through the fictional narrative of a 121 yr old survivor of the battle of Little Bighorn, played by Dustin Hoffman. He tells of his life living with the Indians and an array of quirky and endearing characters.

What's a Comptroller

The word COMPTROLLER is a sixteenth-century ERROR designating the person who would be correctly known as a controller.  The word was originally counteroller, a person who maintained a duplicate scroll (or counter-roll) as a double-check on financial transactions.  Sort of like an assistant-accountant these days.

At some point the first part got confused with count and was changed by people who ought to have known better to its French equivalent, compte. And peculiarly enough, “comptroller” was born, a complete nonsense word invented in error. 

Oh.  And for what it’s worth, as long was we have to use the word, the “P” is supposed to be silent. 

The Siege

by Mark Magee

I saw this film 10 years after its release and 6 years after 9/11. It's an interesting film to see now given all we now know about anti-American terrorism.

'The Siege' was very prophetic on many levels; Muslim extremists would be the first to commit terrorist acts in the US; the CIA was aware it would most certainly happen; the question of using torture to obtain information would become a much debated issue.

The latter point is basically the focus of this film -- after the terrorist bombings begin, NYC is put under martial law and anyone even closely resembling Middle Easterners are rounded up and put in 'camps'.

2D to 3D Dual Screen

Stewart Filmscreen announced "Daily Dual," a new projection screen targeted for screening rooms and multi-purpose media rooms that need two screen surfaces readily available in the same frame.

The Daily Dual allows existing rooms to be quickly converted to dual 2D/3D screen functionality. Users can select the desired screen, switching the configuration from one format to the other without any need for room conversion or additional setup time.

What's Wrong with Cinema Today...?

“I’ll tell you (what is wrong with cinema today)—nobody dies. It used to be that there were always two endings to any story—the hero either gets what he wants, or he dies trying. And in the 60s everybody died.  When Ratso Risso in Midnight Cowboy got to Florida he died, right at the end. Jack Nickolson got snuffed at the end of Cuckoo’s Nest. Let’s not talk about Bonnie & Clyde, they really died. Then the studios realized that they wanted sequels and now nobody dies. Because you can’t do a sequel if the character’s dead…So, in my opinion, there’s no real stakes in movies anymore, because you know going in that the main character is going to get what he wants, going to achieve the goal."

-- Academy & Emmy Winning Screenwriter Barry Morrow (Rain Man)

Murder on the Orient Express

by Mark Magee

The ultimate whodunit film -- probably the best version of an Agatha Christie novel. Practically flawless in all respects; direction, production values; music and cast -- a once in a lifetime cast full of old Hollywood stars.

This was a breath of fresh air in the midst of the very cynical and/or violent films (and reality) of the early 70s which is probably why it was a big box office success. Albert Finney steals the show and is pretty much unrecognizable as detective Poirot -- he's funny, quirky and his climax monologue is a classic.

This is a big, lush and enjoyable film that will keep you guessing until the very end.