Sundance

So I’m recently back from the 09 Sundance festival.  We had a film, Barking Water, playing in Spectrum.  The festival was a success for our film, but interesting regarding the big picture for films. 

First there was, I felt, a more narrowed audience than in years past.  I got the feeling this festival was for movie fans.  The streets were less crowded, as were the events (though ropes and lines still caused plenty of controversy) and the people were more subdued.  It was a pleasant change.  

The films this year were top notch as always.  I only saw two, unfortunately, but I talked about several and reports were positive.  I did see La Mission, an amazing film by Peter Bratt.  Also saw Adam which I would highly recommend.  

The sales were there, though I’m not sure as plentiful as prior years.  And the numbers were certainly not as high this year as in years past.  The highest figure I am aware of was $3.5 for Brooklyn’s Finest, which was rumored from $5 to $2 so who knows.  All the other sales fell in below that number.  And at least a few of the sales had some non-traditional release strategies coupling VOD usually as a pre rollout.  That is interesting.

I think it speaks to the progress of film.  The market is changing.  Theatrical will, hopefully, always be there, but there are certainly some strong arguments for taking the film out to the end user via the TV prior to any theatrical.  I don’t know, and haven’t heard anyone that does know, how this new platforms will line up, but the experiments have begun to determine a working model.

Projects

So, 2009 may prove to be a banner year.  Hard to say with the state of the economy and industry.  There are so many things in disarray.  Indie shingles have folded, distribes are not looking as heavily, SAG may strike, and it then, yes, the overall economy outside the industry bubble.  But, movies are still getting made.

Calls continue to come about films looking for a home and looking to offset some of their equity risk by coupling soft funding structures together.  That’s why Oklahoma is such a grand fit.  Indion can provide the 12% up front, then the state delivers the 15% on the spend in the back end.  Pretty sweet deal if you spend is up.

So, we have some heat on the state.  I’m speaking on a more consistent basis with service providers looking at the state for a sort of build out of multiple services.  In the near future it might be that a film can save additional monies by more robust equipment rentals in state and post production facilities.  

Whatever the outcome, we are moving forward and looking forward to some healthy production for this upcoming year.

New site

Indion will have new site coming in a couple of weeks.  Check back.

Published

I don’t want to get ahead of myself, but I think I will have an article in the new issue of Indie Slate.  I was told, but as sure as I hit send on this post it won’t happen.  Look for it.  It’s on fair use, something I’m sure everyone has run across, and it highlights briefly a new case out of New York.  It’s a good quick read summing up the doctrine and providing some tips.  Next out, financing and protecting yourself in raising capital.

Too much

Aptly titled for a number of reasons, I have returned to post.  I made a slight departure for a new position with a firm.  I am loving the work and looking forward to involving myself in future projects.  So what is the subject of the post?  Well, I think, in line with the title, I speak to I recently addressed–fair use. 

Fair use is the statutory defense to a claim for infringement that is based upon the type use made of the protected material and is balanced against four factors provided in the statute.  All that basically means that a person can, in some cases, use protected material if it falls into a particular category and a court determines the use balances against infringement, or is “fair”.  So then the question becomes, how to determine the use.  That’s the hook–it’s not so easy.

In fact, it can’t really be done on your own.  It’s determined at the point someone will bring you into court on a claim of copyright infringement.  But a read of the statute and a general understanding might help in making an informed decision about whether the use could reasonably qualify as fair.  I won’t recite the statute here, but you can google (there’s branding) 17 U.S.C. Section 107 and read the entirety of the text. 

I will say that there are a number of fact scenarios that have come down around the comment and criticism and on the four balancing factors.  It’s hard to predict how any distinct case may be viewed, but if you read through the statute you can get a good idea of what not to do.  A good rule of thumb, I have found, is “when in doubt, always clear.”  It’s the absolute best means of ensuring you won’t get sued.  And of course, always consult an attorney if you have questions.  I’m shameless.

Keeping it all together

I just finished a new film, which is the reason there haven’t been any new blogs.  We wrapped just a few days ago.  Making a movie will take it out of you, all of it.  I think our DP slept for days after.  There is so much movement during the whole process, I think that’s what leads to the fatigue.

By movement I mean there is so much going on, so many little things happening, so many items and issues and documents to keep tabs and, hopefully, control over.   It’s exhausting, really.  And this is my point in this blog…keeping control.

Really the issue I want to touch on is control over the paperwork.  There’s a lot.  And it’s vital to keeping the movie on line and on budget.  Specifically, and if nothing else, make sure the legals are done and filed away.  It’s easy to forget this as everyone comes on board quickly without asking for a contract until the end.  But, I can assure you, there will be a time, near the end, when an issue arises that sounds something like this “That’s not what we agreed on.”

Now, if you are anything like me, three weeks, 1,000 emails, numerous phone calls, and millions of issues later, I don’t remember what we agreed to.  I always have a general idea, but I can never remember specifics.  This is the perfect time to pull the good ole contract out and reference whose side of the story wins.

So, make a list at the front of production of all contracts you will need.  Get those done first, before you start shooting anything, and you will save yourself a lot of headache and, trust me, money in the end.

creativity

It just occurred to me the other day how important creativity is to the process of a film.  I know that may sound ridiculous given the nature of films, but look at from the perspective of anyone putting a film together and then reconsider the statement.

In the hustle to get a movie off the ground, the focus is inherently on the making the movie happen.  It is absolutely necessary to put all of your energies into the act of “getting it done.”  And as such, I think it’s very easy to overlook the foundation of a good film.

A truly good film is a balance of myriad elements coming together in a sort of harmony to tell the story.  It’s essential to keep that understanding parallel to the idea of getting your movie made despite the adversity.  And that is what I was so delicately reminded of by an associate.

That the job, the requirement, or better, the responsibility of anyone making a film should be to keep both tracks going with equal thrust; the process and the creative element.  To let either one go and your movie will undoubtedly suffer from lack of something.  And the absence of that thing will come across.

Understanding media

There is no doubt that many of us involved with media, be it film, music, web, design, etc, find some deep rooted meaning for our involvement. Personally, I believe I am making a difference in the voice that is being broadcast and thus given a platform in the mainstream. I am helping to bring the under served forward and heard. At least that’s mine, but everyone has their own reason. I wanted to address what, I feel, is the necessary point of focus for those promoting their ventures to anyone outside of media, because they don’t always share your belief in the art.

I think I made the first point by the word “art” above. That’s how most people, some of us included, see the whole field. And I say whole field because I don’t think many separate it out in the their heads as art AND business. This is important.

Most of media (save for live broadcast) is art, not doubt. But all of it is a business, otherwise you would never have the chance to experience the “art” portion of it in this commercial society. And it’s the focus on the business aspect that will actually increase your potential to find supporters in your ventures.

I was recently in attendance at a new Oklahoma venture entitled Oklahoma Creative. This is a venture by the state to promote creativity within the state and to presumably harness that element as an asset, something like diversification, for Oklahoma in the future. I good move but only successful if presented properly.

Media is the largest and most successful means available to rely a message to the largest possible audience. Though I suppose the internet is a close second, arguably the first, media (especially film) can get into people’s bones like nothing else. So I think it’s important to understand it’s purpose.

I am not here to say what that purpose it is as much as to say understand it. I think we owe it to our endeavors to stop and ponder that point. It is only through identifying that purpose that we are then able to fully articulate the business purpose behind the art.

For instance, the state of Oklahoma is making the pitch that creativity breeds innovation and thus new business. Now, this is different than anyone with an individual project, as creativity is a much larger pool and necessarily includes all types of projects. But I think the point is worth mentioning, that the art of the venture breeds the business.

For all of us with our own projects, this makes sense. There has to be a pointed business aspect otherwise the idea is just that, an idea. Most of us need someone willing to accept the art who understands the business. This is nothing new really, Hollywood builds projects all the time on popular names that translate to business quantities. However, it is something we all need to focus upon in order to make the project visible and appreciated by all.

Look, art is risky. Art is subjective. But art is so very necessary. More, I think, than most understand. Therefore, there has to be some commercial component to it or it just can’t survive in today’s culture. So consider having that pitch in place when you are talking to anyone about supporting your ideas. In my experience an idea or concept is better received with a solid foundation of the business behind it than one without.

Summer ‘07

IEG (Indion Entertainment Group) had it’s first project through this past summer.  The film is titled “Splinter.”  You might google it to get the details, I don’t want to say too much.  Movie types can get touchy about that sort of thing.  But from a company perspective it was a hit.

There is always a small learning curve with any new venture.  That curve exists in both the development and the application.  Well, we had two years of that curve in development that I feel got worked out.  Then came the application.

I have to say that the application portion went smoothly.  There were some bumps, sure, but overall I think it was very successful.  The film got it’s money, so I know they are happy.  It’s just a necessary part of something new and unique, like Indion, that there will be times when you’re not sure.  You’re charting new ground, of course you don’t have all the answers.

So we’ve done one.  I am constantly talking  with filmmakers around the country about new projects coming to Oklahoma and working with Indion.  It’s a great deal.  We’re ready for another.  Spread the word.

Introduction

I know, you’re asking why make a movie in Oklahoma. Well I hope to answer that as well as bring current issues in entertainment to light through discussion. Look for further blogs.