Legally Speaking...

Entertainment Lawyer Questions

How, as a layperson, do you know if an entertainment attorney is actually good at what they do?

What types of services should we expect to receive from an entertainment attorney?

What range of pricing should we expect for someone to represent us? 

What types of arrangements are possible?

Should an entertainment attorney set up general liability insurance for the production or should this be set up directly with the entertainment insurance agent?

What protects you better – LLC, Incorporation, etc.?

What things could place me, as an individual in charge, at personal financial risk on a production?

If the production has posted a “Notice of Filming” on location and someone walks by – does this automatically give you permission to include his or her image?  Is there a different standard for web content?

How many languages does the “Notice of Filming” need to be posted in?

How long can you show background people without having a signature for release in a documentary / reality TV format?  Is there a different standard for web content?

How long can you show backgrounds without having a signature for release in a documentary / reality TV format?  Example – retail storefronts, automobiles, license plates, etc.  Is there a different standard for web content?  

How long can you show background logos without having a signature for release in a documentary / reality TV format?  Example – someone in the background walks past camera in a Nike shirt.  Is there a different standard for web content?  

When filming activities in a public place like an outdoor fish market with permission from the organizer, do I need individuals to comply as well if they are not talking to the camera but conducting their business?  Is there a different standard for web content?  

If filming overseas, do the laws for filming people change based on where the film is shot?   Where the film is shown?  Example – filming drunken American college kids in Mexico.  Is there a different standard for web content?  

How many seconds of popular music can you include in a production without clearance?  Example – shooting a documentary, someone drives by with music blaring on the radio. What if it is live music without copyright?  Is there a different standard for web content?

What permissions are needed for skylines and landscapes?  Example – we have a permit to shoot on a street with recognizable landmarks, do we need permission from each building or business owner to use those shots?  Is there a different standard for web content?  

What if you have permission to film in a gallery – do you then need to obtain permission from each artist whose work hangs in this gallery?

Do production companies operate under different permission standards and guidelines?  Example - one standard for feature films, one for reporting, another for documentary, another for PSA, commercial, etc.?

If someone is caught on camera but has not explicitly given permission to the production for use of their image, what are their rights to sue?  What are the associated risks and potential damages to the production company?  Example – filming in a bar with “Notice of Filming” posted, person accidentally caught on camera sees finished production and wishes their image removed.  Are they able to sue for damages?  Is there a different standard for web content?   

You see run and gun crews making documentaries - some are even controversial and in your face – what are their permission protocols?

What is a good rule of thumb for permissions when it comes to producing a travel documentary?

IF what you are doing is not for profit - does it change things under the DMCA (digital millennium copyright act)?  

Please speak about the DMCA and how it impacts productions.

When and how can a production use parody without risk?

The nature of a travel show is different than a movie - it is more reality / documentary in nature showing the places and sites through the eyes of the host.  What ability, if any, exists to just experience and capture everything in the scene? 

Under what circumstances can a production portray a likeness of someone without permissions?  Is there a different standard for web content?  

Under what circumstances can a production portray a famous individual quoting his or her own material without permissions?  Example – Albert Einstein quoting himself.

Can you reference someone of notable fame in a production without permission?  Example – the current film “Contraband,” is centered on a famous artist.  The work is never shown, but the artist is talked about throughout the film and mentioned by name.

How many words of material with a copyright can be used, word for word, before you are in copyright infringement?

How many notes of a song can you sample before you are in copyright infringement?

If using something that is not public domain – can any part be used without permission or must permission be in place for use of any kind?  Example – Martin L. King’s “I have a dream” – that phrase is synonymous with MLK – do I need permission to say or to even reference it on film?

When filming a narrative created as historical fiction, what life rights, if any, are required for creating the film?  Example – a film about the childhood experiences of Amy Carter during her years in the Carter Whitehouse.  Do the rules change if the parties involved are deceased?

Is the law black and white or grey on any of the above issues?

Can you site any examples where folks have come under attack for not getting the proper approval to help understand the financial risk?  Can you give an example of a smaller production and a lager perhaps more famous case?

We need to know where we should really spend the effort to get permission, where it would be nice but probably not a big risk, and where the risk is zero or very minor.  

Quotes

"Success isn't built on success; it's built on failure, frustration, and sometimes catastrophe."  Sumner Redstone

The last 3 years plus 2012

ANALYTICAL

Development of Film Expression

2010 Colorado Film School – Dirk Olson

The nature and structure of film/video expression, concentrating on the ways directors, editors and cinematographers use visual techniques to serve the narrative.  Analysis in lighting, composition, camera position, movement, lens, depth of field, use of screen space, placement of performers, sound design and editing techniques.

Understanding the Actor’s Process

2010 Colorado Film School – Galina Boulgakova

Explored the actor’s process by using acting theory, improvisation, script and character analysis, rehearsal processes and protocols, and basic terminology for actors in an on screen environment while collaborating with directors, actors and crew.

The Documentary Film

2010 Colorado Film School – Richard “Dick” Alweis

Investigated the historical development of documentary film while analyzing the use of techniques for finding story and understanding the challenges of the medium.

SCRIPT WRITING

Writing for Broadcast Media

2012 Colorado Film School – Laurel Dibble

Developing and writing for a feature screenplay / teleplay including conceptualization, genre conventions, act structure, scene construction and character development combined with summarizing and describing written work through pitch sessions and writers meetings. 

Writing the Short Script

2009 Colorado Film School – Kyle Harris

Conceptualizations, write, rewrite and polish scripts for building dynamic characters, subtext, workflow, script writing techniques and construction.

Short Script Analysis

2009 Colorado Film School – Aaron Burns

Critical thinking analysis for story, technique and subtext behind the writers work in a short script format with coverage analysis. 

PRE-PRODUCTION

Film / Video Business

2012 Colorado Film School – Kent Youngblood

Basic principles of business and how they apply to the motion picture industry; new venture creation, intellectual property, accounting and finance.

Producing the Independent Film

2012 Colorado Film School – Kent Youngblood

Measuring, analyzing and assessing the industry, box office, markets and risk factors to create a business plan for marketing, financing and distribution of a feature film.

Production Management

2011 Colorado Film School – Nevelyn Black

Prepared script arrangement and division to predict, calculate and estimate for insurance, unions, guilds, and etc. for effectively scheduling a production.  Used EP Scheduling and Budgeting software to plan, schedule and budget a feature length film / television pilot. 

Directing Workshop

2010 Colorado Film School – Frederic Lahey

The groundwork for understanding script dynamics and interpretation, script and scene breakdowns for shooting and for properly planning shot selections, rehearsals, blocking for camera and for understanding how to offer playable direction to actors.

PRODUCTION

Camera Techniques

2011 Colorado Film School – Scott VanOrdstrand

Examination of film camera’s V/S video cameras, how they work, narrative importance of different camera angles, movement and focal planes for the acquisition of images.

Introduction to Film Production / Video Production II

2010 Colorado Film School – Tony Pfau

Applied both the creative and technical aspects of cinematography for understanding film stock considerations, laboratory, processing, telecine, crew positions, responsibilities, audio, lighting and exposure.

Video Production I

2009 Colorado Film School – Tony Pfau

Identified the components and expressive filmic elements of visual storytelling using techniques to create emotional connections between the character and audience creating dimensional stories using a variety of camera types and lighting.

POST

Digital Editing:  Final Cut Pro Studio

2010 Colorado Film School – Jerry Hofmann

Capturing, outputting and software integration of non-linear editing using Final Cut Pro 7 for comprehension of various editing techniques, analyzing other editors works for technical merit to develop an understanding of industry standards and expectations. 

Studio Recording for Voice

2011 Colorado Film School – Margaret Norwood

Preparation and performance for song and dialogue for the screen in the studio including studio protocol, microphone techniques, ADR and voicing animated characters exploring sound and its effect on emotion and character to support the visual story.

Video Post Production II

2011 Colorado Film School – Geoffrey Chadwick

Non-linear digital editing using Final Cut Pro Studio for storytelling with an introduction to audio post production, music creation, placement and color correction. 

Video Post Production I

2009 Colorado Film School – Margaret Norwood

Non-linear editing using the Final Cut Pro Studio for enhancement of visual storytelling with emphasis on critical analysis of shot construction, motion and composition and character development.

Saving Budget & Schedule on Black Swan

Black Swan  - Synopsis of the December 2010 ICG Magazine Article by Pauline Rogers

Director:  Darren Aronofsky                                   

Cinematographer:  Matthew Libatique

The directors filmed at Purchase College in New York State on actual performance stages.  This allowed them to achieve the Lincoln Center backdrop without having to work around schedule limitations and costs associated with actually filming at Lincoln Center in New York City. 

They brought in Lorne (Lonnie) MacDougall, a veteran for both Broadway and film lighting to operate the house lights with local dimmer board operator Lloyd Rothchild who works for the State Theater at Purchase College. They admittedly had very little money to bring in extras and built contrast using crew to hold units in their hands. This allowed them to use practical lighting as much as possible, saving budget on equipment and grip electric personnel.

This compounded with the decision to film in Super 16MM using ARRIFLEX 416 cameras gave them an expanded depth of field.  The depth of field was increasingly important because it was necessary to minimize the number of takes due to the physicality of the dancer choreography.  Super 16MM offers generous latitude for keeping focus.

To save money, the Rave Club scenes were done extremely low tech.  They used paparazzi strobes with magenta gels and green kinos for fill with hand held lasers pointed into the mirror balls and a few flashlights against a background made up of three walls of Mylar they shook with fans. 

They used a Canon 1D Mark 4 to film the subway scene which allowed them to operate in extremely low light with anonymity using a very small crew. 

Finally, in post, they chose to model Natalie Portman’s face replacement in 2D instead of 3D so the budget could be spent on the wings Portman’s character believes are growing during her final dance scene. 

In the words of editor Andy Weisblum, the watchword on set was “efficiency” due to a tight budget and schedule.  I think that is a good word for any set regardless of budget.



State of Arizona - Motion Picture Tax Incentives Program

Arizona Commerce Authority URL: http://www.azcommerce.com/Film/Incentives/

Pre-approval must be obtained from the Arizona Department of Commerce (Commerce). Commerce will transmit the pre-approval letter to the Arizona Department of Revenue (Revenue).  Production must begin within 90 days after pre-approval to maintain eligibility. Commerce cannot pre-approve tax credits that exceed $9 million in tax credits for an initial application.  The minimum investment threshold for producing a motion picture, commercial advertisement or music video for eligibility of tax credits is $250,000.

Transaction privilege tax exemption (TPT): At the time of purchase the qualified company must present to the retailer a current Revenue issued exemption certificate, to qualify for the state and county TPT exemption.

Machinery, equipment and other tangible personal property: Eligible tangible personal property sold or leased to a qualified motion picture production company and used directly in motion picture production including the storage, use or consumption in Arizona of eligible tangible personal property used directly in the production by a qualified motion picture production company.

Job printing, engraving, embossing or copying: Eligible sales to a qualified motion picture production company for job printing, engraving, embossing or copying that will be used directly in motion picture production.

The lease or rental of lodging space: Eligible leases or rentals of lodging space to a qualified motion picture production company.

Sales of catered food, drink and condiments: Eligible sales of catered food, drink and condiments to a qualified motion picture Production Company.

Construction contracts for buildings or other structures: Eligible contracts for the construction of any building, or other structure, associated with motion picture production in Arizona. An Infrastructure project does not qualify for TPT and use tax exemptions, but receives a tax credit of up to 15% of the base investment spent by the applicant for the construction of a qualified infrastructure project in Arizona subject to the following: The combined allocations for soundstage construction shall not exceed $5 million tax credits in any year.  Allocations made for support and augmentation facilities shall not exceed $3 million tax credits per project.

Income tax credits equal to 20% or 30% of the company’s investment in qualifying production costs: These tax credits can be used to offset Arizona tax liability on a dollar for dollar basis on qualifying production costs directly attributable to the production of a motion picture in Arizona. The tax credits for a qualified motion picture production company are equal to:

Credit Amount 20%: Production Costs $250,000 - $1,000,000

Credit Amount 30%:  Production Costs More than $1,000,000

The company can apply for and Commerce may issue post-approval to a company after verification that the company has met eligibility requirements during the production of the qualified production once the $250,000 investment threshold has been met.  Post-approval and an allocation of tax credits can be applied for no more than once a calendar month.

There is no limitation on the amount of TPT and use tax exemptions available to the qualified company, nor is there a limit on the total amount of TPT and use tax exemptions per calendar year.

When production is finished, the company must submit a Completion Report to Commerce. Once accepted, a priority placement number is awarded which determines the order in which Commerce allocates that calendar year’s cap. The total amount of credits pre-approved for a single application shall be applied against the calendar year cap in which pre-approval occurred. The pre-approval letter/qualification will be valid for a 24-month period.

If a calendar year’s cap is exhausted by October 31st, Commerce may accept applications, except for commercial advertisements or music videos, on or after November 1st for an allocation of tax credits from the next calendar year’s cap.

However, the pre-approval letter issued to the company will not be effective until the first business day of the next calendar year.

Five percent of each calendar year’s cap is set aside for production of commercial advertisement or music video applicants.

When the initial application is made, if sufficient cap is not available the company may either accept any remaining allocation amount and any TPT and use tax exemptions, or:

1.    Proceed with pre-approval for the application knowing the production will not receive tax credits at this time and accept any TPT and use tax exemptions. 

2.    Irrevocably decline any remaining tax credit allocation amount for that calendar year and accept any TPT and use tax exemptions

3.    Withdraw the initial application and apply in the next year when sufficient cap may be available.

Useful Websites: 

AZ Film Office: http://www.azcommerce.com/Film/

Production Incentives: http://www.azcommerce.com/Film/Incentives/Home.htm

Film Office Director: http://www.azcommerce.com/Film/Film+Office+Staff.htm