Hitchcock and his ladies

-->

The power of seduction drew me to filmmaking as a young boy. The movie that brought me to the genre of drama was the Alfred Hitchcock film: ‘Rebecca.’ Most individuals of a certain age only knew him in the early 1970s from his TV anthology series: ‘Alfred Hitchcock Presents.’ “Good Evening” was instantly known along with his rotund silhouette to open his show introductions. I bring up Hitchcock because he was a true forerunner for what has evolved in terms of the modern day multi-media director. Look at the current crop of top line directors from Spielberg to Ridley Scott, all of them owe a debt in story style, narratives lines, and visual motif to Hitchcock’s influence use of camera, sound, and use of actors.

The career of Alfred Hitchcock is one of the great enigmas in cinema history. While considered one of the top 10 directors in the history of moviemaking, his personal life and obsessions make him an equally interesting subject. Hitchcock’s near psychopathic interest in a series of his leading ladies (Joan Fontaine, Grace Kelly, Eva Marie Saint, and Vera Miles) has been well chronicled in modern media. However, in October HBO Films will take a fictionalized look at his interactions with his last starlet discovered Tippi Hedren (Star of ‘The Birds’). ‘The Girl’ is a look at the assent of their relationship, the greatness of her performances, and the descent of their pairing into acrimony.

Meanwhile, as detailed in ‘The Girl,’ offers up a more complex psychological nature of Hitchcock's frailties as a man are strongly suggested. His need to control every aspect of the women that he was enamored with whether for sexual conquest or in professional terms were all focused on Hedren. As it had been with Vera Miles (the star of ‘Psycho’), Hedren by this time to feel the full weight of Hitchcock's power and in his ability to destroy the path of her stardom.

In the end, the HBO film shows the complex level of Hitchcock’s obsession. Moreover, this brilliant man destroys himself as a director of feature films. He’d only direct four more motion pictures between 1964 and his death in 1976. This legacy to a certain generation, it would be tied to television. And as a 9-year-old, my introduction to the other Hitchcock would be tied to ‘Rebecca.’ The rest is a history tied to not only greatness, but also the frailties of behavior.

Osbourne talks finance and the Prophet...

As I previously posted regarding the possibility of gaining access to financing through networking and events like the IILFS town halls which bring investors interested in financing independent films together with filmmakers. It becomes more and more evident that the worlds and social networking, online web streaming, and film angel investors are now all clearly intertwined. The broader implications of such theories in matters will weigh heavily on the future of independent filmmaking, Barrie Osborne and the Film Angels network is a good study in these changes.

As larger studios such as Sony and Fox pulled back from their own independent branches and consolidate in regards to their own small budget productions, that means for gaining access to capital becomes a tougher situation. Moreover, the classic state of going to a studio and pitching a project may become an even tougher sell than at any time in the last 3 decades. As those broader implications play out, individuals such as IILF’s Thomas Trenker are bringing together the two sides in areas that will benefit all parties.

On this weeks blog I've included a link to a interview/roundtable with renowned filmmaker Barrie Osborne. The man behind Lord of the Rings, Big Chill and Francis Ford Coppola's Apocalypse Now walks the audience through the entire process at the event held by the investors group: Film Angels network.

The power of having someone as influential as Osborne relating the entire producing strategy and process in front of would-be investors and filmmakers is a great opportunity. Moreover, it allows an aspiring filmmaker the chance to see how pitches truly work. As Osborne makes clear in his presentation, preparation and a good product are key in any scenario. This linking of propositions is an interesting juxtaposition of seeing what is necessary to get from point A to point D.

I hope you will take the opportunity to watch and learn from Osborne and the Film Angels.

A Winning Business Plan Pulls Together

In a follow-up to our previous blog on film financing, we will look at elements of our previous perceptions regarding what makes a good business plan in such an industry. Moreover, the ideas of our chosen industry leaders Louise Levison and Thomas Trenker are examined specifically regarding issues. In further researching these 2 leaders, four key areas are immediately pushed to the forefront. In the case of Levison, writing a business plan that is thorough and contains elements of trouble anticipation comes to mind. On the other hand, Trenker’s use of networking events held around the country in the form of town hall meetings for perspective filmmakers and investors is a novel approach that is eye opening. Moreover, the need for budgeting for just such networking events in the initial start up section of a business plan is essential.

Let's look in depth at both of these processes. As mentioned in our last blog, Filmmakers and Financing Plans for Independents by Levison offers a template to any aspiring or established filmmakers on how to create and in present a dynamic project business plan. As Levinson's conjectures, the thing that sinks the vast majority of film companies is their lack of thoroughness in the creation of the business plan. People want to know where their money will be spent, and how it will be returned on their investment. Furthermore, once these numbers are established, what can be done to even further to increase the profitability and decrease area of the loss for the production company? It is these analysis skills that Levison tries to engender to the reader (Levison, 2009).

In turn, Trenker brings the keys of networking to creating an environment conducive to making financing a reality. In the vast majority of cases, the e-mail box is a wasteland generally populated with large amounts of spam and useless attempts to market. However, when an e-mail bearing the possibilities of the finance forums town hall meetings sponsored by Trenker’s Film Angels appear bearing the weight of seriousness, the opportunity brings the environment of opportunity. The power of opportunity is reflected in a manner that not just in making money, but in the profitability long-term. When placed in connection with the lessons learned from Levison’s approach, this opportunity translates into a great confluence.

So, if providing a complete oversight of the lessons learned, the following points are essential.

Levison

• Make your business plan thorough
• Show your investors that you're qualified
• Make sure your investors are repaid in a professional manner
• Plan to make your company stronger in the long term regardless if it is a single project or not.

Trenker

• Networking is opportunity
• Use your opportunities wisely
• Profitability is the result of a combination of factors

When all that these objectives are taken into consideration, the filmmaker can greatly reduce not just the risk, but chance of conflict in the long-term financial picture; the return to investors is well thought out and the filmmakers reputation is greatly enhanced. I certainly incorporated these areas into my revised business plan. 

The perfect double play: Levison to Trenker equal your chance!

Thomas Trenker and Louise Levison both carry tremendous weight in the fields of film financing and motion picture business planning for independent filmmakers. Each has been instrumental in creating some of the most groundbreaking areas regarding independent filmmaking. These distinctively influential individuals have parlayed their positions into solid long-term spheres of influence.

In Levison, who specialized in creating business plans specially designed for filmmakers in this sector; the pattern of success is punctuated by the plan for the greatest success story in independent film making history: The Blair Witch Project. The 1999 release was pitched on a business plan created by Levison. While the actual cost of shooting the film is disputed (est. $20,000-$750,000), the world wide box office for the film according to BoxOfficeMojo.com was $140,539,099. This is an amazing figure. Moreover, she has gone to develop business plans for other indie films, lectures at prestigious film festivals, and has written the book considered to be the standard for independent filmmakers: “Filmmakers and Financing: Business Plans for Independents.” Her credentials are very impressive (Levison, 2009).

On the other hand, Trenker serves at the head of the influential FilmAngel motion picture Angel investment group and as director of the Institute for Film Finance. The Swiss educated entrepreneur has taken his background in finance and has leveraged his position in order to create an influentially sizable organization of investors. This positioning of private funding has created a place which was described in the Wall Street Journal in 2009 said Saad Khan, a FilmAngels member and partner at CMEA Capital:

A lot of investors I see FilmAngels resonate for are already successful investors and very heavily weighted in other asset classes such as technology or software. This is a way to diversify their whole asset class in new areas.

So, in these two cases, the need (investors) and the product (the plan) are combined by these crafts. Levison approaches the elements needed to create business plan of attention. She especially gets to the root of their interest; they want to know when and how they are going to profit (and why)?

Financial projections show investors how and when they’ll make their money.
Vital elements investors look for are:

• Worldwide revenues and costs for comparative movies
• Projected profit
• Projected cash flow
• A detailed explanation of the assumptions underlying the financial projections for your film (Levison, 2009)

Accordingly, these are areas which must be clearly laid out before the investors. It can be the difference between funding and being stuck without the necessary capital. On the other hand, the prevailing nature of investing is to gain a return. As noted above, this underlines the importance of the four elements outlined by Levison.

Brubeck: The Two Lane Road

A Documentary Film

Brubeck: The Two Lane Road 

The Dave Brubeck Quartet

at Wesleyan College: 1963

Legal Notice:
This synopsis is for the use of the intended recipient only for communication purposes only. It may contain information that is privileged and confidential.
Neither intended recipients or unintended recipients may disclose, copy, or further distribute the contents of this communication under penalty of law. If you are not the intended recipient any disclosure, copying, future distribution, or use of this communication is prohibited. If you have received this communication in error, please advise us by return e-mail, or if you have received this communication by fax, advise us by telephone and delete/destroy the document.
© Copyright 2006-2008 Imaging Limited, LLC.

SYNOPSIS
PROJECT TITLE:
Brubeck: The Two Lane Road ©
In May of 1963, a jazz quartet journeyed to the first college established for the education of women in America.
They came to a town lying in the heart of American Confederacy on the banks of Ocmulgee River. In the brewing caldron of the Civil Rights movement, the sounds of what was called “West Coast Cool” swath across the late spring air.
This is the introduction to a proposed documentary film on the performance by the legendary jazz group The Dave Brubeck Quartet at historic Wesleyan College in 1963. The private university was the site of a seminal moment in the history of the town and region.
A concept as alien to the area as that of being on the surface of Mars awaited the ticket holders, it was alien to those living in the Deep South of America: an integrated audience. Still, in a performance hall framed by Grecian columns reminiscent of the verandas of the anti-bellum homes, an audience both of Black and White listeners witnessed the same peering back at them from the concert stage, an integrated band. Moments of history are rarely chosen, they generally evolve from the moment itself; but this moment was just that, evolution...
The moment came and before the night was over, a community and lives were changed.
The story is told in documentary form. The events examined are the strange confluence of great historic moments that happened in 1963. Five great world-changing events occurred within days of Brubeck’s appearance in Macon. We see the day through the eyes of two people who witnessed the performance at Porter Auditorium. We hear about the impact of the Brubeck Quartet's “Jazz Goes to College tours:” how did it happen that the quartet came to Wesleyan to perform, and finally we hear Brubeck in his own words.
The film constitutes the vision of Jerrell Skinner. He has spent the last 17 years working in the motion picture and television production industry, and is a graduate of Eastern Michigan University’s Communications and Theatre Arts program. Having worked under numerous Academy, Emmy, and Peabody Award winning producers and directors, Skinner finally returns to his roots, his hometown of Macon, Georgia and the documentary film genre.
“The Brubeck project has been a passion of mine for over 20 years now said the project’s creator. “That’s where the title comes from, two lanes of life, people and situations passing, coming and going, divided by the two yellow no passing lines, never truly together, well not until that day.” He concludes: “It really changed the lives of many people in this area. There were groundbreaking moments, which occurred around the time frame of the performance changed lives around the world. I mean look at this way, there were so many people who’d never ever sat down next to each other but they did so on that day, after 220 years of both races living in this area that is amazing!”

Production Company:

Imaging Limited LLC.

P.O. Box 412

Macon, GA 31202-0412

478-718-4280 - Macon

818-281-9453 - Los Angeles

Writer/Director:

Jerrell Skinner

Narrator:

Cheryl Palmer

Main Title Art:

Sharon Cobb

Courtesy of:

The Seattle Post-Intelligencer Newsgroup

High definition videography by:

Clarence Thomas, Jr.

Special Thanks to:

Stuart Dodge

Michael Apted

David Rintels

Lisa Lindstrom

Jon Avnet

Beth Polson

Lisa Goodman

Updating the social media face of Upload

The story of Upload Films has taken on a life of its own. As their website notes: “update in progress” in their privacy policy; that may remain a fitting parallel for what awaits them.  In the six years since its creation, the independent filmmaking, production services, and film financing company has turned out a series of films and created a niche within the production services segment of the motion picture industry that belies its young age. There is no greater example of this consortium feel of the company then the dossiers of its six partners. Nick Thurlow, Andrew Mann, Todd Williams, John Portnoy, Jamie Donaldson, and Paul Lee each come from divergent segments of the moviemaking industry. Mann and Lee are have backgrounds in film finance, Thurlow (CEO) and Williams come from a firm background in film producing and production finance, and along with their original partner John Portnoy came from the world of film postproduction and post supervision have all combined to create a dynamic filmmaking enterprise.

In that light, Upload has yet to fully immerse itself in the Facebook or Twitter cultures in terms of daily active social media blogs or networks in relation to their projects. As is generally the nature of the established Hollywood motion picture industry, companies have varying degrees and wide latitude of how deeply or how shallowly they commit themselves to those particular platforms. It is in some ways a love-hate relationship. Whereas social media can be driving forces to promote projects that are in production for better or worse. They can be neglectful of the greater outreach that can be facilitated for their ongoing filmmaking efforts upon that basis.

·        Search engine optimization

·        Landing pages

·        Fresh updates (content and pages)

·        Social media interaction

·        Long-term social media goals and ambitions

These five segments under their overall rainbow of digital marketing as it relates to social media are easily neglected. However, Upload which now can be found in China (encompassing the broader Asian realm), Baton Rouge, Louisiana (covering the exploding feature film industry in New Orleans and surrounding sections of that state), and its birth place of Los Angeles is positioned to fully flourish if those segments are addressed. While currently linked on their website and on Facebook with back links, it will take a broad overall view of all three continents being told in a captive and provocative manner to maximize Upload’s full potential in the realm of not just social media but of promotion as well.

It will be interesting to watch which direction this young company takes as it continues to expand within the independent filmmaking marketplace.

Recognizing Key Elements of Effective Digital Marketing

What drives individuals and or demographic groups to certain content while other sites or search engine tools fail to exploit possible positions of garnering page hits? The use of algorithms in how computer science uses code to examine and then react in ranking data is a matter of consequence. The examination of any effective digital marketing plan in terms of promotion, access, and in its efficiency in drawing targeted demographics to a campaign is one of measurement, observation, and relaying of pertinent information. Therefore, the power of conveying the message and gaining the full power of the designed campaign will be in terms that one can quantify. Tools such as Google Ad Planner, Webmaster, and a series of interrelated tools connected to these devices allows for such examinations to bear fruit.

In chasing the Holy Grail of interest plotting points where it relates to websites, page views, and overall tracking of interest in such endeavors; the Google algorithm (a unique equation designed to track, evaluate, and promote the most popular sites according to search engine criteria) has become the measuring stick for those who actively promote and wish to exploit their search engine presence. This can be called search engine optimization (SEO). The whole field of website analytics has blossomed around just such endeavors.

In defining marketing strategy for effective digital media and or business, strengths and weaknesses, trends and outdated material, and proficiency pitted against obsolescence of what ones webpage and content says are a series of factors that any good analysis should take in mind and expose for the examiner. Whether in the form of random sample or in the detailed minutia of a long reaching examination, the overall analysis is bound by the criteria given. If your demographics clearly show that your audience in terms of page hits (whether in short or long visits) are reaching a certain group in example women age 24-54, then what are the underlying reasons for such a trend? The data reaches out in it embedded criteria. No amount of research and planning, marketing strategy, or an implementation of actions and controls can withstand a failure to translate these core values of a plan in one's site map. A Site map with the right mixture of effective long tail keywords and pertinent URL links that drive search engine hits and carry the right set of criteria in relation to the Google algorithm will always create a winning strategy in the digital marketplace.

In conclusion, driving individuals in selected groups to your content by way of search engine requires a high degree of marketing strategy in terms of research, analytical follow-up, the mastery of such analytical tools, and the constant refreshing of not just original material but the information that is linked to one's website, an optimization. In terms of the Google algorithm this is an effective starting place for a winning strategy.

References:

Chaffey, D. (2012, June 02). Keyphrase analysis for search engine marketing. Retrieved from http://www.slideshare.net/DaveChaffey/keyphrase-analysis-tools-for-search-engine-marketing
Goggle. (2012, June 02). Algorithms. Retrieved from http://code.google.com/edu/algorithms/index.html



Goggle. (2012, June 02). About sitemaps. Retrieved from http://support.google.com/webmasters/bin/answer.py?hl=en&answer=156184

Goggle. (2012, June 02). Google webmasters. Retrieved from http://www.google.com/webmasters/

Goggle. (2012, June 02). Which websites attract target audience?. Retrieved from https://accounts.google.com/ServiceLogin?service=branding&passive=1209600&continue=https://www.google.com/adplanner/planning/site_profile?hl=en&followup=https://www.google.com/adplanner/planning/site_profile?hl=en<mpl=adplanner&hl=en 

Marketing made simple.com. (2012, June 02). Marketing plan. Retrieved from http://www.marketing-made-simple.com/articles/marketing-plan.htm
Strickland, Jonathan. (2012, January 11). Why is the google algorithm so important? Retrieved from http://computer.howstuffworks.com/google-algorithm.htm

Welcome to Distinction Biograph.

Hello, I’m Jerrell Skinner and this is my blog.

I hope you will join me as we discover new aspects in storytelling.

Please visit my LINKEDIN profile and my IMDB link.  This will provide you with my professional background.

I hope that you will find this blog to be entertaining and informative over time.  Moreover, I hope you will visit the links that I will put up periodically to give you my take on better choices spending your entertainment dollar.

Yours truly,

Jerrell

The face of Indie films in the marketplace...

Independent filmmakers are jockeying to gain a place of relevancy as the model for exhibiting their product changes before their eyes. As the new paradigm of models like video-on-demand begins to take hold as the new normal; independent filmmakers find themselves being marginalized and squeezed as they lose access to market share.

While there is no lack of quality and creative product being produced and put up for possible distribution; the reality is that there is only a finite amount of space being allocated for the independent market. These films are being shown for a limited run in theaters or completely bypassing those venues are fighting it out in what can only be called a “film festival bubble” (Gleiberman, 2010). Whether it is a Tribeca, Sundance, or the Toronto film Festival, these films only give small-scale release if at all.

What comes next as we are currently noticing is that video-on-demand requires a re-creation of the promotion model that currently exists. Moreover, what will happen at a festival now is to create as much buzz as possible for a independent film at a festival and to use that to promote that film using social media in the form of Facebook or Twitter to enhance favorable word-of-mouth. It then becomes a matter of whether a project goes viral and finds a favorable selling environment.

In conclusion, as the deals which have found homes for films at this year’s Sundance Film Festival showed; the marketplace for Indies had the clout of names (actors and directors) attached to them. The remaining space went towards a series of aggregators who purchased projects like Fox Searchlight and some other boutique studios for the large houses like Sony Pictures. The rest encompassed a varied field of players including a very active HBO (Beard, 2012).

References:

Beard, L. (2012, January 24). Sundance: Deals so far. Retrieved from http://insidemovies.ew.com/2012/01/24/sundance-deal-report-2012/?ew_packageID=20469830

Gleiberman, O. (2010, January 28). Sundance: In video-on-demand the future of indie film? for titles like 'the freebie' and 'bass ackwards,' yes. Retrieved from http://insidemovies.ew.com/2010/01/28/is-vod-the-future-of-indie-film/

Series Bible, gateway to closing your deal...

The development of a series can be a complex task. When taking into account the 15 elements that should appear in any series Bible that puts forth a story idea. The tools to accomplish this task are varied; however the basics remain constant. A log line, a synopsis, the format, the audience, the setting, the world and background of the series, a series outline, the characters (the mains), minor characters, Main locations, episode story outlines, character statements, feel and look of the series, visual references, and a glossary (if the series is science fiction or technology-based) are all elements which should be included in a well thought out series Bible.

In 30 words or less, your log line gives the reader your focused idea of the series. The protagonist, their fatal flaw, their objective, and the antagonist of the series should be clearly presented. In 4 to 5 paragraphs and in less than one page the world of your series, the main characters and the central tension should be summarized in the form of a synopsis. In relation to format, the structural elements of the series such as length of episodes, the number of episodes, the structure of episodes and their story arcs, the genre run of the series, the release pattern of series episodes (how often and when they appear) are aspects that must be illustrated in writing. This leads to clarifying in defining your target audience. The age, the demographic or interest of the viewer, it is skewed towards the particular network or medium such as online or video on demand. The character of other shows that may be similar in style of genre should be considered. Referencing the series Bible of Battlestar Galactica series creator Ronald Moore can clearly show this. His extensive Bible gave the universal television production a coherent voice across the life of the series.

The setting of a series, giving a place and period for the action is vital. The genre can dictate the length of a Bible; a science fiction series may require a significant amount of detail. Whereas, a series based on a very narrow theme like suburban life could only take a short Bible to accomplish the same task. World plus background is a section that outlines beyond the where and the when while giving of the why. This section can include the events that led to the current situation, the back-story of our characters, any social groupings or hierarchies, the established behavior and attitude of the characters, and the rules that govern the tone of the story (humor, types of language, and inflections) that will run throughout the series. When watching the series such as HBO's Boardwalk Empire, a clear and distinct tone is crafted. A Bible, which gives the writers and the characters a specific tone in character, allows this type of precision.

 A 1 to 2 page series outline should give an overview of the characters and their narrative arcs across the life of the series. This section focuses on the major events and the journey of the protagonists much like a feature film treatment. Characters should be listed with 2 to 3 paragraphs covering their personal characteristics, wants, needs, obstacles, and their flaws. The relationships between the characters should be carefully indicated as well. However, a minor character section should be included with a brief sentence in relation to who they are. In example of this point would be "Susan-a computer technician and friend to Charles." Key location lays out the most vital locations in the series, any recurring locations that are important to the characters and the world in which the series plays out. The location should be listed with a 1 to 2 paragraph description of each particular place.

Perhaps the most famous Bible of this type was for the series The Wire by series creator David Simons. The episode storyline is a specified summary of the major plot arcs for each episode and shows both the storyline within the episode and how each episode contributes to the overreaching arc of the storyline across the series. This leads to what is called the creative statement; this is the clear and sustained spelling out of thematic and conceptual ideas along with the premise behind the series. The metaphors and philosophies, which are embedded in the story and how the characters reflect the questions, that need to be explored. The belief that underlie and drive the story are examined in this section. This leads to the feel and look section which details the visual aesthetic of the series and the style of the show in terms of how it will appear to the audio. If there are any special techniques colors compositions and uses visual influences they should be detailed in this section. In this light, a visual reference section may be included which allows for a gallery of visual images that may provide a background for the mood and visual guide to the aesthetic of the show is provide the interiors, the exteriors, the tone, the texture, the style, the costume and design of the production can be hashed out here. 

The final section can help the reader is a glossary. With reference especially in the case of science fiction, fantasy, technology, or subcultures, like military or prison settings this device of terms and terminology can in form of writing and development of the story and help to maintain a confidence than an authentic story world across the life of the series. Again if we reference the series Battlestar Galactica, Ronald Moore gave his series just such a roadmap.

A series carries of the life of its own. Regardless of the team of writers, a well-developed and thought out scenario requires a building block and a constant across its life. The well presented series Bible does just that. It pulls together all elements and allows the series to move seamlessly from pilot to closing episode. David Chase the creator of the series The Sopranos took his series from beginning to the end was a set of characters, the tone, the premise, and in the end a series of emotional, philosophical, and life influencing moments and reactions.

Reference:

Moore, R. (2003, December 03). Battlestar galatica. Retrieved from http://www.harvardwood.org/resource/resmgr/hwp-pdfs/battlestar_galactica_series.pdf

Simons, D. (2000, September 06). The wire. Retrieved from http://kottke.org.s3.amazonaws.com/the-wire/The_Wire_-_Bible.pdf

Entertainment Law podcasts in relation to your future business.

Entertainment Law Update

Episode 27: Top Ten News

In episode 27, Gordon Firemark at Tamera Bennett summarized and analyzed what they perceived to be to your top 10 cases from their 2011 podcasts. In covering their top 10 cases the two attorneys covered a wide series of trademark, copyright, court judgments, and legal trends relating to the entertainment industry and the laws governing its institutions. One such matter was the holiday song case (Song title: Santa Claus Is Comin’ to Town), Coots Baldwin et al v. EMI Feist Catalog, Inc.

The attempt by the J. Fred Coots estate to reestablish termination rights in connection to the 1934 song. The original publishing company was Leo Feist Publishers, Incorporated. Feist, the publisher which held the copyright since that period of time until its publishing catalogue was purchased and transferred to the music publishing conglomerate EMI in 1987.

This placed the parties at odds over whether Coots (who had attempted to terminate in 1981) prior to the end of the rights license period.  However, the termination attempt predated the passage of the Copyright Term Extension Act in 1988. Kenneth A. Marra will preside in the Southern Federal District Court of Florida when and if the case is heard.

Therefore, this case covers termination and renewal laws, the problems which resulted from the failure to terminate rights due to a clerical error in 1981. The copyright length of term as was established by the 1909 Copyright Law (which covered the period when the work was published). The estates assertion that the “second bite of the apple” for term extension was granted by the passage of the 1988 Sonny Bono Term Extension Revision to the Copyright Law; and the request for a declaratory judgment it order to clarify true ownership of the copyrighted material.

This portion of the podcast dealt with an issue of fact. Was this an ineffective termination matter? Whereas, the estate is trying to reestablish ownership and the music publisher maintains that it has never relinquished the ownership due to the failure of the 1981 process.

Who owns the rights? This is an important point from a business aspect because of the presence of law that existed prior to the passage of the so-called Sonny Bono copyright law term extension act in 1988. Documentary or independent filmmakers who might choose to use copyrighted photographs, interviews, or music must take into account the possibility that the transfer of license may be in question. The chain of ownership is essential. Say a filmmaker was to do a documentary on holiday songs? This particular composition is one of the most famous songs in the American songbook. Even if licensing was acquired from ASCAP, would this license the valid? This case could move to clear up a number of issues regarding termination of a copyright.

Hosts:

Gordon Firemark, Esquire

Tamera Bennett, Esquire

Episode 28: Politics, Helicopters, and Bat mobiles

How the Universal Music Group took down a Megaupload owned promotional video on YouTube.

YouTube has provided copyright holders and music publishing companies like Universal music group (a fair amount of autonomy) in requesting the removal of videos from YouTube servers. This removal however; has not been subject to a third-party serving as an impartial referee validating the position of whether or not the video in question has truly violated an existing copyright. Such an action took place when UMG requested the takedown of a promotional video featuring Kanye West and Kim Kardashian among other celebrities n in late 2011.

Universal moved promptly to have the videos removed by using the YouTube process in place where requests could be made directly to the online video service. Just as quickly, Megaupload moved to challenge UMG’s assertion of the copyright in the matter.

Shortly thereafter, and make a low moved to file suit against UMG and a series of "John Doe" parties in the lawsuit. The file sharing service claimed an unjust action on the part of UMG. A process of legal maneuvering would ensue between the parties. This culminated in the dismissal "without prejudice" of the lawsuit against the UMG; however the John Doe parties remained in the lawsuit.

This case has been complicated by the US Justice Department move to shutter the operations and resources of Megaupload in criminal charges towards the founder Kim Dotcom and other corporate executives in a larger and more far-reaching copyright infringement case.

Due to the migration of amateur filmmakers to a portal like YouTube, it is imperative that original compositions or stories be completely the void of any copyrighted material. This case is a facts issue revolving around perceived copyright infringement as noted by a computer software algorithm. However, the algorithm falsely noted (in Megauload’s view) an infringement. Therefore, an unlawful takedown (non-owned materials) was made on behalf of UMG. In doing so, did YouTube effectively transfer rights (backdoor access to a service to pull non-owned materials) to UMG? Even though Megaupload has chosen to dismiss their claim against UPM, they continue to maintain the possibility of pursuing the John Doe parties and have insisted on records of the incident preservation.

As the commentators noted; regardless of the present legal problems of Megaupload, this case presents a serious question regarding how Google and YouTube allow backdoor withdrawals of content that they declare to be infringing.

John Doe parties

Hosts:

Gordon Firemark, Esquire

Tamera Bennett, Esquire

Bob Tarantino, Esquire

Episode 29:  360 Deals and the talent agencies act

What constitutes licensed talent agent and the possible of conflict with the “procurement” portion of the California or New York talent agency laws? Due to the nature of 360 deals, in states where there is a clear separation between the duties of managers and the duties of those who carry a license to procure employment; the question must be asked how can a 360 deal be legal in that environment?

In episode 29, the commentators and guest examined what factors constitute employment procurement and if any legal safe harbor is available due to which model of operation is used (ownership model v. revenue model). These issues revolve around legal consequences, the process of employment procurement, state licensing provisions, the ownership model v. revenue model of license compared to a lease, and if the safe harbor is triggered in one model or another?

This particular matter is of great importance due to the requirements of a filmmaker in relation to union or nonunion Screen Actors Guild participation. While the 360 deal generally covers recording artists, if represented by poor or unscrupulous management or legal counsel talent may fall victim to inclusive deals which may run a foul of the legal responsibilities permitted by law. Therefore this case was of great interest. The attorneys use the Dwight Yoakum video case to show the difference. Moreover, they drew clear lines which allow an independent filmmaker to understand those differences.

Hosts:

Gordon Firemark, Esquire

Tamera Bennett, Esquire

Erin Jacobson, Esquire

In conclusion, all three episodes of Entertainment Law Update provides the listener with a wide reaching grasp of current issues and state of legal questions in the entertainment field. Whether it is the pertinence of 1909 copyright law regarding the vesting of termination rights, the consequences of a company in regards to material on their servers and how and when it can be displayed in accordance to their user agreement were examined. Lastly, what legal ramifications are placed upon individuals implementing contracts with a corporation if that agreement runs counter to state law was touched upon. All three circumstances provide a good foundation for the examination of any business plan and what restrictions or expansion of legal possibilities are needed. 

Cases regarding industry liabilities...

Articles, videos, and/or podcasts title :	Legal controversy described?
Cambridge University Press et al. v. Patton et al.	Copyright infringement and fair use doctrine
Assoc. for Information Media and Equipment, ET AL. -v.-Regents University of California at Los Angeles	Legal copyright exclusivity and purpose of use, public sovereignty immunity
Lawsuit Filed over 'Bad Lieutenant' Accounting	Bad faith fiduciary accounting principles

Litigation in itself is the contesting (in the form of legal proceedings) of any suit before a referee to reach a solution. Each party has not reached agreement to settle their differences and have moved forward to the point of litigation. To this point, a lawsuit is exactly that, litigation. In the three cases that I’ve chosen to examine: Cambridge University Press et al. v. Patton et al. (Copyright Clearing Center –vs- Georgia State University) (2011), Association for Information Media and Equipment –vs.- Regents of University of California at Los Angeles (UCLA) (2011), and lastly Polsky Films and Polsky Holdings –vs- Nu Image and First Look Studios (including studio executives Avi Lerner and Trevor Short)(2011).

Each case brings an interesting perspective on a series of issues that will have a direct effect on the future of 1. How academic research may be conducted and how students may be able to access pertinent and copyrighted materials to match their instructor’s demands. Moreover, will academics who have given the financial windfall to publishers (like Cambridge or Harvard University Press) over the years because they thought that academic access would always be back and forth will now instead see this clamp down as a betrayal of faith. In order words, why give the full benefit to a system that is denying the academic community fair access over a maximum profit model? 2. They establish absolute ownership of the copyright (and ultimately what can and cannot be done to the piece in terms of presentation, changes, or performance). 3. And in one case what can a end user do with copyrighted information or content. How can and what types of legal remedies are practical and reasonable to make the plaintiff whole again is factored.

The Copyright Clearing Center-v-Georgia State case is highly perplexing as well as paralyzing. It has cast a great pall over many online academic libraries and instructors. What is fair use in the reproduction of copyrighted materials in the age of digital achieving? Administrators at Georgia State University were targeted in the lawsuit because the school moved digital files to computer servers known as E-servers containing copyrighted materials according to the plaintiffs. While in print and being shared by academics, a licensing paid for by universities was accepted by copyright holders and their agents (university presses like Harvard or Cambridge). However, the plaintiffs move that such rights do not extend to the sharing of these materials once they’re moved to a secondary archive (unlicensed) resource such as the E-server and a per use fee must be applicable. Who is ultimately liable when a copyright holder (like Cambridge University Press) or their appointed agent choses to clamp down on rights usage? This is the question. The answer as they split the apple is to find an accommodation between the parties. This case currently pending in the US Federal Court of the Northern District in Georgia

In Association for Information Media and Equipment (AIME) –vs- Regents of University of California at Los Angeles (UCLA), the Federal District Court of Central California chose by dismissing the plaintiffs case outright due to the matter that there was no Federal judicial standard (constitutionally or by statute) for their lawsuit in the mind of the presiding judge. Two specific matters governed the choice, the matter of a concept called “sovereign immunity” (State and Federal institutions are immune to lawsuits in general unless they waive the protection beforehand) and the matter of lack of “legal standing” (does one have the right or ownership lawfully in order to sue) because AIME was not the actual rights owner. Therefore, the judge was unwilling to entertain the presumption of relief on behalf of AIME.

The case of Polsky Films –vs- Nu Image and First Look is one eerily similar to another precedent setting case from the early 1990s: Buchwald – v- Paramount Pictures (The Coming To America case) in the matter that the lawsuit revolves around motion picture accounting principles and what and how profits are paid. In this case, the repayment of investors and stakeholders in association fronted $1.3 million dollars to publicize and advertise the 2009 feature motion picture project entitled: ‘Bad Lieutenant: Port of Call: New Orleans’ directed by multi time Oscar™ nominee Werner Herzog and starring fellow Academy Award™ nominee Nicholas Cage.

The jest of the case revolves around the failure in the alleged estimation by the plaintiffs of the setup of and the deposit to of profits that were earmarked to be paid on their behalf in a fiduciary arrangement by Nu Image and First Look. As in Buchwald, the standards in the way major motion picture productions are accounted is at question. This alleged failure led to a lawsuit being filed in Los Angeles County (CA) Superior Court against the defendants. The suit which is still pending will answer the intent of the defendants and if the plaintiffs will be given financial relief if they are found to have been harmed.

In conclusion, the Georgia State case and redefining of the principle of what amounts to fair use is far reaching. If successful, the plaintiffs can attain a huge profits, that is if they do not drive a new underground market similar as what happened when computer users ran in droves to illegal downloads and file sharing in response to attempts by movie, television, and music distributors to keeping their older distribution chains relevant.

The AIME case shows a level of restraint that is always a danger in Federal courts, the concept of “limited jurisdiction” (is there a standard or precedent for this case to be heard in this court and why) and can it be heard? The matter of streaming video or file sharing beyond the world of interstate commerce may be addressed by statute at a later time by the Congress. Still, in the light of the chaos brought by online demonstrations in regards to SOPA, the question is highly unpredictable.

The last case regarding Polsky –v- Nu Image and First Look is the only one in a State Superior Court. The litigants are at odds and made no moves to remedy the impasse between them in settlement. One party feels that gravely injured. This means this case even if found in the favor of the plaintiffs may have a long run to the California Court of Appeals, CA Supreme Court, and ultimately in appeals to Federal Courts. The standards of relief can be found possibly in Buchwald regarding accounting standards; however those matters will only become known if the district courts cite them if the case is adjudicated.

When Brand hits the fan…

Branding at its best is the crafting or developing of an idea that extends a benefit to consumers while maximizing the recognition and returns to the producers or owners in a positive manner. Therefore, the term “Branding” carries a definition along with a series of expectations. In its most classic form, it is the intentional representation of a company, establishment, thing, or person that is both exuded and projected. We deal with this form of branding every minute of everyday.  

However, there comes a time when some intentional efforts at branding go awry and leave a swath of destruction in their wake. Such is the case with a Baltimore, Maryland restaurant named Café Hon. The owner of the establishment, Denise Whiting found herself embroiled in the worst type of branding scenario. This scenario included Whiting taking a long enduring local term of endearment across the Mid-Atlantic region: “Hon” and trademarked the term. What was to follow would galvanize a community backlash against the restaurant and its owner. It became so heated that a popular reality show and its equally controversial host would emerge as apparent peacemakers in the problem. The Fox Television Network program: ‘Kitchen Nightmares’ hosted by celebrity chef Gordon Ramsey documented the history of the conflict; and in the end worked to mend the enormous rift between the parties. The Café Hon episode is a truly great example of this matter.

“Hon,” it is one of the greatest and most beloved regional endearments. Like “Sugar” in the South or “Sweetie” in the West, it has been synonymous with what identifies genuine affection towards others. In a series of coincidences (some unrelated events, and others being actions strongly interrelated), the perceived state of the intention(s) of Ms. Whiting in her interactions in the greater Baltimore community. Her registering the term as a Federal trademark took on a life of its own.

The owner had issues in her restaurant that affected the entire scope of her enterprise. Where the issue of “Hon” called attention adversely to the restaurant and its brand. Anger in itself was raging, but when the quality of the food (the main product) was truly abysmal. The failure to provide a highly desirable dining experience that at least countered the bad publicity of the community backlash controversy exacerbated the other overwhelming issues. On top of this combination of problems, the stubbornness of Ms. Whiting to recognize her three-fold problem made the matter a runaway train waiting to derail.

In the end through a series of revelations the problems of the restaurant were pointed out and addressed by Ramsey. The food and menu was retooled. The issues of morale and treatment of the establishment’s staff were righted. And in a stern exposition of truths, Denise Whiting had to bare her soul and contrition to the people of Baltimore. Using a popular morning radio program, Whiting renounced her trademark and apologize to the greater populous of the region.

The greater conclusions of the scenario in its broader terms are that you cannot always place every business or branding situation in strictly monetary terms. In those terms, sometimes-greater community good are as important as having access to merely monetary gains. Moreover, the monetary gains are conversely a result of having goodwill.

Reference 
 Gorelick, R. (2012, March 02). Denise whiting speaks: What you didn't know about 'kitchen nightmares'.The Baltimore Sun. Retrieved from http://www.baltimoresun.com/entertainment/dining/baltimore-diner-blog/bal-denise-whiting-speaks-nightmares-20120302,0,772658.story?obref=obnetwork 

Kay, D. (Producer) (2012). Kitchen nightmare cafe hon episode 4/15 [VHS]. Available from http://www.fox.com/kitchennightmares/full-episodes/10945394/caf-hon