May23, 2003
In this newsletter:
Hollywood Finance and Distribution Market AT DOUBLETREE HOTEL, JULY 19–20
Want to know how industry insiders approach financing and distribution? Have you wanted to ask distributor and studio execs what your project’s chances are?
On July 19 – 20, the Hollywood Film Festival will provide independent filmmakers with the opportunity to learn about finance and distribution opportunities from organizations such as Buena Vista Studios, Regent Entertainment, Initial Entertainment Group, iFilm, Paramount Classics, Miramax Films, Lions Gate Films Releasing, and Laemmle Theatres.
The two day event will cover such topics as international co-productions, subsidies, and production incentives; distribution channels; how soon is too soon to promote or market a film; and the future of film financing.
In addition, filmmakers will have the opportunity to discuss their projects with agents, studio execs and distributors in 30-minute roundtables. The full schedule of events and details can be found at: http://www.hollywoodawards.com/conference/market.html#session
Mark Litwak to Lecture at University OF HAWAII In JUNE
Mark Litwak will be teaching two of his most popular courses at the University of Hawaii at Manoa.
"Self-defense for Writers & Filmmakers" will be held June 21. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. Participants will also learn what remedies are available to enforce their rights in the event of a dispute.
For more information and registration for this class, click here: http://www.outreach.hawaii.edu/programs/2003/EVENT-L06013.htm
"Financing and Distributing Independent Features" will be held June 22. This seminar explores how independent films are financed and distributed. The seminar includes an extensive handout with a long-form distribution contract, checklists and other materials useful in preparing to raise cash and distribute your film.
For more information and registration for this class, click here: http://www.outreach.hawaii.edu/programs/2003/EVENT-L06014.htmAny source
Friday, May 23, 2003
Friday, May 16, 2003
GROKSTER, MORPHEUS DO NOT INFRINGE COPYRIGHT SAYS CALIFORNIA COURT
May 16, 2003
This Newsletter:
NEW: FILMMAKER INCENTIVE INFORMATION AVAILABLE ONLINE
In deciding where to shoot, cost is always a factor. Most states and several countries offer a variety of tax breaks, rebates and co-production funds to encourage television, film and commercial production companies to film on location and in state.
We have compiled a summary of U.S. and international filmmaker incentives which are now available online at http://www.marklitwak.com/ under "Filmmaker Incentive Programs." Since these programs are subject to change, confirm the terms of each program by contacting the film offices to get the latest information
GROKSTER, MORPHEUS DO NOT INFRINGE COPYRIGHT SAYS CALIFORNIA COURT
By Chrys Wu, Paralegal to Mark Litwak
A recent California District Court decision has dismissed a copyright infringement lawsuit against two distributors of heavily-used peer-to-peer software that allows users to trade files over the Internet.
Film studios and music publishers sought to block Grokster Ltd. and Streamcast Networks, Inc. from distributing their popular Morpheus and Grokster programs, claiming that the companies were liable for 1) contributory infringement and 2) vicarious infringement of movie and music copyrights.
Citing heavily from A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2nd 896 (N.D. Cal. 2000), and drawing a key distinction between Napster's distribution methods and the methods used by Morpheus and Grokster, U.S. District Judge Stephen Wilson ruled that neither Streamcast nor Grokster were liable for the two causes of action lodged against them.
To prove contributory infringement, the studios and publishers had to show that defendants knew of specific acts of infringement and could act to stop those particular acts; and that the companies made an "active and substantial contribution" to the infringment by encouraging or assisting its users in wrongdoing.
The defendants could not have had actual knowledge of the specific instances of copyright infringement, the court reasoned, because the programs operate on a peer-to-peer network that allows users to trade files without going through any central server owned and operated by the defendants.
The court also noted that Streamcast and Grokster Inc. merely distributed their software programs, which can be used for both unlawful and lawful purposes such as trading government documents, e-books, free music and software, and files in the public domain, a fact acknowledged by the plaintiffs. Citing Napster, the court wrote that Defendants' liability could not be established "merely because peer-to-peer file-sharing technology may be used to infringe plaintiff's copyrights." Plaintiffs were unable to prove that defendants materially contributed to copyright infringement, other than by distributing the software in the first place.
To prove vicarious infringement, plaintiffs had to show that defendants received financial benefit from the infringement, and had the right and ability to supervise the infringing conduct. Unlike contributory infringement, defendants do not have to be aware of the infringement.
For this cause of action, the court decided that defendants received significant financial benefit by distributing the software, which contains advertisements. The more copies distributed, the more advertising revenues they'd recoup. And since many users download Grokster and Morpheus for the express purpose of trading copyrighted files, "a significant portion of Defendants' advertising revenue depends upon the infringement," the court concluded.
However, the court again noted the important distinction that prevented Grokster and Streamcast from assuming the "right and ability " to supervise the infringing conduct. Because the programs operate on a peer-to-peer basis, "Defendants provide software that communicates across networks that are entirely outside Defendants control," wrote the court.
Based on these findings, the court granted summary judgment to Grokster and Streamcast. An appeal is expected.
HOW TO REDUCE SPAM
If feel overwhelmed by spam, junk mail and telephone solicitations, there are several steps you can take to reduce the flow.
The California Department of Justice is now accepting email addresses on their do not call list. This allows one to pre-register for the nationwide Do Not Call list that the Federal Trade Commission (FTC) is expected to launch this summer. This registry is FREE to consumers. If you sign up now, you can stop telemarketing calls beginning in October under the nationwide program. Go to: http://caag.state.ca.us/ to sign up.
You can also contact the Direct Marketing Association and have them put you on their do not contact lists. When you register with e-MPS, your e-mail address is placed in an "opt-out" file for two years. All DMA members who wish to send unsolicited commercial e-mail must purge their e-mail lists of the individuals who have registeredtheir e-mail address with e-MPS. If you are on this list you will not receive unsolicited e-mail from DMA members. Go to: http://www.dmaconsumers.org/consumers/optoutform_emps.shtmlAny source
This Newsletter:
NEW: FILMMAKER INCENTIVE INFORMATION AVAILABLE ONLINE
In deciding where to shoot, cost is always a factor. Most states and several countries offer a variety of tax breaks, rebates and co-production funds to encourage television, film and commercial production companies to film on location and in state.
We have compiled a summary of U.S. and international filmmaker incentives which are now available online at http://www.marklitwak.com/ under "Filmmaker Incentive Programs." Since these programs are subject to change, confirm the terms of each program by contacting the film offices to get the latest information
GROKSTER, MORPHEUS DO NOT INFRINGE COPYRIGHT SAYS CALIFORNIA COURT
By Chrys Wu, Paralegal to Mark Litwak
A recent California District Court decision has dismissed a copyright infringement lawsuit against two distributors of heavily-used peer-to-peer software that allows users to trade files over the Internet.
Film studios and music publishers sought to block Grokster Ltd. and Streamcast Networks, Inc. from distributing their popular Morpheus and Grokster programs, claiming that the companies were liable for 1) contributory infringement and 2) vicarious infringement of movie and music copyrights.
Citing heavily from A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2nd 896 (N.D. Cal. 2000), and drawing a key distinction between Napster's distribution methods and the methods used by Morpheus and Grokster, U.S. District Judge Stephen Wilson ruled that neither Streamcast nor Grokster were liable for the two causes of action lodged against them.
To prove contributory infringement, the studios and publishers had to show that defendants knew of specific acts of infringement and could act to stop those particular acts; and that the companies made an "active and substantial contribution" to the infringment by encouraging or assisting its users in wrongdoing.
The defendants could not have had actual knowledge of the specific instances of copyright infringement, the court reasoned, because the programs operate on a peer-to-peer network that allows users to trade files without going through any central server owned and operated by the defendants.
The court also noted that Streamcast and Grokster Inc. merely distributed their software programs, which can be used for both unlawful and lawful purposes such as trading government documents, e-books, free music and software, and files in the public domain, a fact acknowledged by the plaintiffs. Citing Napster, the court wrote that Defendants' liability could not be established "merely because peer-to-peer file-sharing technology may be used to infringe plaintiff's copyrights." Plaintiffs were unable to prove that defendants materially contributed to copyright infringement, other than by distributing the software in the first place.
To prove vicarious infringement, plaintiffs had to show that defendants received financial benefit from the infringement, and had the right and ability to supervise the infringing conduct. Unlike contributory infringement, defendants do not have to be aware of the infringement.
For this cause of action, the court decided that defendants received significant financial benefit by distributing the software, which contains advertisements. The more copies distributed, the more advertising revenues they'd recoup. And since many users download Grokster and Morpheus for the express purpose of trading copyrighted files, "a significant portion of Defendants' advertising revenue depends upon the infringement," the court concluded.
However, the court again noted the important distinction that prevented Grokster and Streamcast from assuming the "right and ability " to supervise the infringing conduct. Because the programs operate on a peer-to-peer basis, "Defendants provide software that communicates across networks that are entirely outside Defendants control," wrote the court.
Based on these findings, the court granted summary judgment to Grokster and Streamcast. An appeal is expected.
HOW TO REDUCE SPAM
If feel overwhelmed by spam, junk mail and telephone solicitations, there are several steps you can take to reduce the flow.
The California Department of Justice is now accepting email addresses on their do not call list. This allows one to pre-register for the nationwide Do Not Call list that the Federal Trade Commission (FTC) is expected to launch this summer. This registry is FREE to consumers. If you sign up now, you can stop telemarketing calls beginning in October under the nationwide program. Go to: http://caag.state.ca.us/ to sign up.
You can also contact the Direct Marketing Association and have them put you on their do not contact lists. When you register with e-MPS, your e-mail address is placed in an "opt-out" file for two years. All DMA members who wish to send unsolicited commercial e-mail must purge their e-mail lists of the individuals who have registeredtheir e-mail address with e-MPS. If you are on this list you will not receive unsolicited e-mail from DMA members. Go to: http://www.dmaconsumers.org/consumers/optoutform_emps.shtmlAny source
Monday, April 28, 2003
YAHOO! ACQUITTED OF CRIMINAL VIOLATIONS IN FRANCE
April 28, 2003
In This Newsletter:
MARK LITWAK TO TEACH FILMMAKER SELF-DEFENSE AT UCLA
Mark Litwak will be teaching "Self-Defense for Independent Filmmakers: Protecting Your Legal Rights" on May 3-4, 2003 at UCLA. Mark will teach filmmakers how to anticipate problems before they arise in their negotiations with production and distribution companies. He will also discuss how to create incentives to encourage the companies to live up to their agreements, including performance incentives, default penalties, and arbitration clauses. In the event of an unresolvable dispute, participants learn what remedies are available to enforce their rights.
To register, call 310- 825-9971 or enroll online at: http://www.uclaextension.org/
YAHOO! ACQUITTED OF CRIMINAL VIOLATIONS IN FRANCE
In a case that helps define jurisdiction in suits brought in one country against websites hosted in another country, a Paris court has acquitted Yahoo! of criminal charges of exhibiting and justifying crimes against humanity.
At issue was whether Yahoo could be held criminally liable for hosting websites that sold Nazi memorabilia. These websites were hosted on servers in the United States. French law prohibits “justifying war crimes” and “exhibiting a uniform, insignia or emblem of a person guilty of crimes against humanity.”
A Paris judge ruled that Yahoo did not did not glorify, praise or at least present the crimes in question favorably simply by allowing Nazi memorabilia to be sold from websites it hosted, and therefore acquitted the company.
Yahoo’s French web-hosting service never allowed the violation of French law, and Yahoo now maintains a global policy prohibiting the sale of Nazi memorabilia from websites it hosts.
CHRISTOPHER VOGLER TO LEAD SCREENWRITER’S WORKSHOP
Christopher Vogler, author of The Writer’s Journey: Mythic Structure for Writers, will discuss his latest ideas about myths, movies, and the deep structure of storytelling for the screen during a two-day workshop held May 10 and 11 in Los Angeles.
The workshop will examine new maps of story structure for a changing audience, new concepts for troubleshooting story, character and structure problems, and ways in which to develop literary works and plays into coherent movies with broad appeal.To register visit http://www.hollywoodfilmfestival.com/vogler.Any source
In This Newsletter:
MARK LITWAK TO TEACH FILMMAKER SELF-DEFENSE AT UCLA
Mark Litwak will be teaching "Self-Defense for Independent Filmmakers: Protecting Your Legal Rights" on May 3-4, 2003 at UCLA. Mark will teach filmmakers how to anticipate problems before they arise in their negotiations with production and distribution companies. He will also discuss how to create incentives to encourage the companies to live up to their agreements, including performance incentives, default penalties, and arbitration clauses. In the event of an unresolvable dispute, participants learn what remedies are available to enforce their rights.
To register, call 310- 825-9971 or enroll online at: http://www.uclaextension.org/
YAHOO! ACQUITTED OF CRIMINAL VIOLATIONS IN FRANCE
In a case that helps define jurisdiction in suits brought in one country against websites hosted in another country, a Paris court has acquitted Yahoo! of criminal charges of exhibiting and justifying crimes against humanity.
At issue was whether Yahoo could be held criminally liable for hosting websites that sold Nazi memorabilia. These websites were hosted on servers in the United States. French law prohibits “justifying war crimes” and “exhibiting a uniform, insignia or emblem of a person guilty of crimes against humanity.”
A Paris judge ruled that Yahoo did not did not glorify, praise or at least present the crimes in question favorably simply by allowing Nazi memorabilia to be sold from websites it hosted, and therefore acquitted the company.
Yahoo’s French web-hosting service never allowed the violation of French law, and Yahoo now maintains a global policy prohibiting the sale of Nazi memorabilia from websites it hosts.
CHRISTOPHER VOGLER TO LEAD SCREENWRITER’S WORKSHOP
Christopher Vogler, author of The Writer’s Journey: Mythic Structure for Writers, will discuss his latest ideas about myths, movies, and the deep structure of storytelling for the screen during a two-day workshop held May 10 and 11 in Los Angeles.
The workshop will examine new maps of story structure for a changing audience, new concepts for troubleshooting story, character and structure problems, and ways in which to develop literary works and plays into coherent movies with broad appeal.To register visit http://www.hollywoodfilmfestival.com/vogler.Any source
Friday, April 11, 2003
SUPREME COURT TO DECIDE RELATIONSHIP BETWEEN TRADEMARK LAW AND COPYRIGHT LAW
April 11, 2003
In This Newsletter:
SUPREME COURT TO DECIDE RELATIONSHIP BETWEEN TRADEMARK LAW AND COPYRIGHT LAW
An upcoming Supreme Court decision may help clarify the relationship between trademark law and copyright law in situations where a copyright has expired.
A video distributor sold videos of a public domain TV series originally produced by Twentieth Century Fox. The distributor, Dastar, copied a substantial portion of the series and resold it under a new title, without giving Fox credit for creating the series.
Fox claimed that this repackaging misled buyers into thinking that Dastar created the work itself and sued Dastar for reverse passing off, that is, representing that someone else's goods and services are one's own.
Even though Dastar did not show that consumers were confused, a Federal District judge ruled that Dastar had indeed infringed on Fox's copyright through "bodily appropriation" of the video series, and ordered Dastar to pay twice the profits from the sale due to deliberate and willful infringement.
Dastar lost on appeal; however, the Supreme Court determined that the case is worth of closer scrutiny. A decision is expected in July.
Twentieth Century Fox v. Entertainment Distributing, 34 Fed.Appx. 312, 202 U.S.App.LEXIS 7426 (9th Cir. 2002), cert. granted sub. nom., Dastar Corp. v. Twentieth Century Fox, 123 S.Ct. 816, 2003 U.S.LEXIS 554 (2003)
"DUNSMORE" PREMIERES AT BIFF AND METHOD FEST
Congratulations to our clients, Peter Spirer and Michael Andrews. Their film, "Dunsmore," has been selected for screening on April 12 and 15 at the Bermuda International Film Festival and at Method Fest on April 15 and 17 in Burbank, California.
For Bermuda International Film Festival tickets and information, visit the website at:http://www.bermudafilmfest.com/
For Method Fest tickets and information, visit the website at:http://www.methodfest.com/methodfest_2001/index.htm
"LEVITY" OPENS IN L.A. AND NEW YORK
LEVITY, produced by our client Echo Lake Productions, opens in Los Angeles and New York City. The film opened the Sundance Film Festival this January. Levity is directed by Ed Solomon. It stars Billy Bob Thornton, Morgan Freeman, Holly Hunter, and Kirsten Dunst in a story about a murderer seeking closure and redemption for his crime.
In Los Angeles, the film is playing at Laemmle's Monica 4Plex, Laemmle's Sunset 5, Pacific Galleria Stadium 16 in Sherman Oaks, and United Artists Pasadena Marketplace.
In New York, the film is playing at AMC Theatres Empire 25 in Midtown, Loews Cineplex Lincoln Square on the Upper West Side, and UA Union Square 14 in the Flatiron district.To learn more about the film, visit Sony's website:http://www.sonyclassics.com/levity/index-withflash.htmlAny source
In This Newsletter:
SUPREME COURT TO DECIDE RELATIONSHIP BETWEEN TRADEMARK LAW AND COPYRIGHT LAW
An upcoming Supreme Court decision may help clarify the relationship between trademark law and copyright law in situations where a copyright has expired.
A video distributor sold videos of a public domain TV series originally produced by Twentieth Century Fox. The distributor, Dastar, copied a substantial portion of the series and resold it under a new title, without giving Fox credit for creating the series.
Fox claimed that this repackaging misled buyers into thinking that Dastar created the work itself and sued Dastar for reverse passing off, that is, representing that someone else's goods and services are one's own.
Even though Dastar did not show that consumers were confused, a Federal District judge ruled that Dastar had indeed infringed on Fox's copyright through "bodily appropriation" of the video series, and ordered Dastar to pay twice the profits from the sale due to deliberate and willful infringement.
Dastar lost on appeal; however, the Supreme Court determined that the case is worth of closer scrutiny. A decision is expected in July.
Twentieth Century Fox v. Entertainment Distributing, 34 Fed.Appx. 312, 202 U.S.App.LEXIS 7426 (9th Cir. 2002), cert. granted sub. nom., Dastar Corp. v. Twentieth Century Fox, 123 S.Ct. 816, 2003 U.S.LEXIS 554 (2003)
"DUNSMORE" PREMIERES AT BIFF AND METHOD FEST
Congratulations to our clients, Peter Spirer and Michael Andrews. Their film, "Dunsmore," has been selected for screening on April 12 and 15 at the Bermuda International Film Festival and at Method Fest on April 15 and 17 in Burbank, California.
For Bermuda International Film Festival tickets and information, visit the website at:http://www.bermudafilmfest.com/
For Method Fest tickets and information, visit the website at:http://www.methodfest.com/methodfest_2001/index.htm
"LEVITY" OPENS IN L.A. AND NEW YORK
LEVITY, produced by our client Echo Lake Productions, opens in Los Angeles and New York City. The film opened the Sundance Film Festival this January. Levity is directed by Ed Solomon. It stars Billy Bob Thornton, Morgan Freeman, Holly Hunter, and Kirsten Dunst in a story about a murderer seeking closure and redemption for his crime.
In Los Angeles, the film is playing at Laemmle's Monica 4Plex, Laemmle's Sunset 5, Pacific Galleria Stadium 16 in Sherman Oaks, and United Artists Pasadena Marketplace.
In New York, the film is playing at AMC Theatres Empire 25 in Midtown, Loews Cineplex Lincoln Square on the Upper West Side, and UA Union Square 14 in the Flatiron district.To learn more about the film, visit Sony's website:http://www.sonyclassics.com/levity/index-withflash.htmlAny source
Wednesday, March 19, 2003
COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE
March 19, 2003
In This Newsletter:
COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE
Plaintiff Los Angeles News Service generates income by licensing video footage to news stations. It has licensed the footage of the beating of Reginald Denny during the L.A. riots, which occurred after the acquittal of police officers accused of beating Rodney King. Some news outlets, however, have used the footage without a license, claiming their use is a fair use permitted under the Copyright Act.
LA News Service sued Court TV and Group W Newsfeed (now owned by CBS) after Court TV used segments of the Reginald Denny video footage to promote its coverage of the trial of one of those accused of beating Denny, and after Group W Newsfeed distributed the footage to its subscribers. Initially a Federal District Judge dismissed the case on a motion for summary judgment. On appeal, LA News was able to partially reverse that ruling because critical pieces of evidence offered by the Plaintiff were excluded as inadmissible. The Judge found that some of the evidence was, in fact, admissible and could be used by a jury to decide in LA News Service's favor. The dismissal was therefore reversed.
However, Court TV had used this clip to tease coverage for a related trial and an evening news program. Based on the specific facts, the Court of Appeals affirmed dismissal of LA News Service's claims, stating that Court TV had a right to air the clips based on the fair use doctrine.
Los Angeles News Service v. CBS Broadcasting, Inc., 305 F.3d 924, 2002 U.S.App.LEXIS 18843 (9th Cir. 2002)
"DUNSMORE" TO SCREEN AT METHOD FEST AND BIFF
Congratulations to our clients, Peter Spirer and Michael Andrews. Their film, "Dunsmore," has been selected for screening at the Bermuda International Film Festival and for a West Coast premiere at Method Fest, which will be held in Burbank, California. Both festivals are in April.
For more information about Method Fest, visit their website at:http://www.methodfest.com/methodfest_2001/index.htm
For more information about Bermuda International Film Festival, visit their website at:http://www.bermudafilmfest.com/
HARD WORK AND SELF-DISTRIBUTION BRING PRESS TO FILMMAKER
In another example of how elbow grease and ingenuity do pay off, VideoBusiness magazine featured our client Jimi Petulla and his self-distributed film, "Reversal," in a recent issue.
Unable to land a distribution agreement, Petulla set up a website to sell the film directly to viewers and has sold about 13,000 DVD copies in 120 days. He attributes the sales volume to the film's "niche appeal," saying, "Filmmakers need to know that if you have movie in a niche, you can reach that niche through the Internet."
VideoBusiness magazine can be found at: http://www.videobusiness.comVisit the official "Reversal" website at: http://www.reversalthemovie.com
FIND PRODUCT PLACEMENT CONTACTS ONLINE AT E.R.M.A.
Filmmakers looking for product placement deals can search online at: http://www.erma.org
The website, run by E.R.M.A., the Entertainment Resources & Marketing Association, lists contacts for more than 70 companies that represent dozens of well-known brands. The site also contains information on the organization itself, which seeks to "ensure high-quality ethics and standards of operation in the industry."Any source
In This Newsletter:
COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE
Plaintiff Los Angeles News Service generates income by licensing video footage to news stations. It has licensed the footage of the beating of Reginald Denny during the L.A. riots, which occurred after the acquittal of police officers accused of beating Rodney King. Some news outlets, however, have used the footage without a license, claiming their use is a fair use permitted under the Copyright Act.
LA News Service sued Court TV and Group W Newsfeed (now owned by CBS) after Court TV used segments of the Reginald Denny video footage to promote its coverage of the trial of one of those accused of beating Denny, and after Group W Newsfeed distributed the footage to its subscribers. Initially a Federal District Judge dismissed the case on a motion for summary judgment. On appeal, LA News was able to partially reverse that ruling because critical pieces of evidence offered by the Plaintiff were excluded as inadmissible. The Judge found that some of the evidence was, in fact, admissible and could be used by a jury to decide in LA News Service's favor. The dismissal was therefore reversed.
However, Court TV had used this clip to tease coverage for a related trial and an evening news program. Based on the specific facts, the Court of Appeals affirmed dismissal of LA News Service's claims, stating that Court TV had a right to air the clips based on the fair use doctrine.
Los Angeles News Service v. CBS Broadcasting, Inc., 305 F.3d 924, 2002 U.S.App.LEXIS 18843 (9th Cir. 2002)
"DUNSMORE" TO SCREEN AT METHOD FEST AND BIFF
Congratulations to our clients, Peter Spirer and Michael Andrews. Their film, "Dunsmore," has been selected for screening at the Bermuda International Film Festival and for a West Coast premiere at Method Fest, which will be held in Burbank, California. Both festivals are in April.
For more information about Method Fest, visit their website at:http://www.methodfest.com/methodfest_2001/index.htm
For more information about Bermuda International Film Festival, visit their website at:http://www.bermudafilmfest.com/
HARD WORK AND SELF-DISTRIBUTION BRING PRESS TO FILMMAKER
In another example of how elbow grease and ingenuity do pay off, VideoBusiness magazine featured our client Jimi Petulla and his self-distributed film, "Reversal," in a recent issue.
Unable to land a distribution agreement, Petulla set up a website to sell the film directly to viewers and has sold about 13,000 DVD copies in 120 days. He attributes the sales volume to the film's "niche appeal," saying, "Filmmakers need to know that if you have movie in a niche, you can reach that niche through the Internet."
VideoBusiness magazine can be found at: http://www.videobusiness.comVisit the official "Reversal" website at: http://www.reversalthemovie.com
FIND PRODUCT PLACEMENT CONTACTS ONLINE AT E.R.M.A.
Filmmakers looking for product placement deals can search online at: http://www.erma.org
The website, run by E.R.M.A., the Entertainment Resources & Marketing Association, lists contacts for more than 70 companies that represent dozens of well-known brands. The site also contains information on the organization itself, which seeks to "ensure high-quality ethics and standards of operation in the industry."Any source
Wednesday, January 29, 2003
Congress Allows Educators to Transmit Copyrighted Works over Internet
January 29, 2003
In This Newsletter:
Mark Litwak to Lecture at University of British Columbia Feb. 6-8
Mark Litwak will be teaching two of his most popular day-and-a-half courses at the University of British Columbia in February.
"Self-defense for Writers & Filmmakers" will be held February 6-7. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. Participants will also learn what remedies are available to enforce their rights in the event of a dispute.
"Financing and Distributing Independent Features" will be held February 7-8. This seminar explores how independent films are financed and distributed. The seminar includes an extensive handout with a long-form distribution contract, checklists and other materials useful in preparing to raise cash and distribute your film.
For more information and online registration, click here:http://www.cstudies.ubc.ca/newsletter/film/
Congress Allows Educators to Transmit Copyrighted Works over Internet
While the United States has some of the most protective copyright laws in the world, certain groups are exempt from licensing copyrighted material. Among these are non-profit educators who, since 1976, have been free to perform copyrighted works in classrooms and transmit copyrighted nondramatic literary and musical works to classrooms via closed-circuit television without copyright licenses.
Now, thanks to a recent amendment by Congress, non-profit educators can use copyrighted works of almost any kind in distance education courses conducted over the Internet. The transmission can be made to anywhere the enrolled student is, so long as the transmission is part of the equivalent of an in-class discussion.
The amendment, known as the TEACH Act, allows non-profit instructors to transmit "reasonable and limited portions" of movies and music in addition to works previously allowed for license-free use under the 1976 Copyright Act.
The TEACH Act does not change the fair use doctrine. To prevent abuse, the Act has two limitations: only accredited non-profit educational institutions may receive the exemption and "secure tests" such as the SAT and works "primarily" used in Internet instruction must still be licensed.
Hollywood.com to Host 2-day Pitch & Networking Conference
Hollywood.com, founder of the Hollywood Film Festival, will host a pitch and networking conference on March 1 & 2, 2003 called "Sell Your Story to Hollywood Buyers."
Registration for "Sell Your Story to Hollywood Buyers" is $195 by January 31, $245 after.For more information and to register, call 310-288-1882 or click here:http://www.hollywoodawards.com/writing/index3.htmlAny source
In This Newsletter:
Mark Litwak to Lecture at University of British Columbia Feb. 6-8
Mark Litwak will be teaching two of his most popular day-and-a-half courses at the University of British Columbia in February.
"Self-defense for Writers & Filmmakers" will be held February 6-7. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. Participants will also learn what remedies are available to enforce their rights in the event of a dispute.
"Financing and Distributing Independent Features" will be held February 7-8. This seminar explores how independent films are financed and distributed. The seminar includes an extensive handout with a long-form distribution contract, checklists and other materials useful in preparing to raise cash and distribute your film.
For more information and online registration, click here:http://www.cstudies.ubc.ca/newsletter/film/
Congress Allows Educators to Transmit Copyrighted Works over Internet
While the United States has some of the most protective copyright laws in the world, certain groups are exempt from licensing copyrighted material. Among these are non-profit educators who, since 1976, have been free to perform copyrighted works in classrooms and transmit copyrighted nondramatic literary and musical works to classrooms via closed-circuit television without copyright licenses.
Now, thanks to a recent amendment by Congress, non-profit educators can use copyrighted works of almost any kind in distance education courses conducted over the Internet. The transmission can be made to anywhere the enrolled student is, so long as the transmission is part of the equivalent of an in-class discussion.
The amendment, known as the TEACH Act, allows non-profit instructors to transmit "reasonable and limited portions" of movies and music in addition to works previously allowed for license-free use under the 1976 Copyright Act.
The TEACH Act does not change the fair use doctrine. To prevent abuse, the Act has two limitations: only accredited non-profit educational institutions may receive the exemption and "secure tests" such as the SAT and works "primarily" used in Internet instruction must still be licensed.
Hollywood.com to Host 2-day Pitch & Networking Conference
Hollywood.com, founder of the Hollywood Film Festival, will host a pitch and networking conference on March 1 & 2, 2003 called "Sell Your Story to Hollywood Buyers."
Registration for "Sell Your Story to Hollywood Buyers" is $195 by January 31, $245 after.For more information and to register, call 310-288-1882 or click here:http://www.hollywoodawards.com/writing/index3.htmlAny source
Friday, December 20, 2002
Hawaii Offers Generous Tax Credits to Film Production Companies
December 20, 2002
In This Newsletter:
Hawaii Offers Generous Tax Credits to Film Production Companies
Hawaii recently enacted some very impressive and generous tax incentives. Hawaii’s high tech investment tax credit provides a 100% return on cash investments in a qualified high tech business (QHTB) on a front-loaded basis over 5 years (35% credit in the year of investment, 25% in the following year, 20% in the second year following, then 10% each in the third and fourth year following). Qualified research activities include performing arts products such as motion pictures. The credit is designed to give a 100% return for investments up to $2 million per year per QHTB. The credit applies against Hawaii income tax liability only. The credit can be taken by individuals and corporations paying Hawaii income tax, and by banks and insurance companies against their franchise and insurance premium tax.
Moreover, if money from outside Hawaii is invested, the tax benefits can be allocated to the Hawaiian investors so they can obtain more than 100% return. So for example, if a Hawaii investor put up $500,000 and an Arkansas investor put up $500,000, the parties could agree to allocate all the tax credits to the Hawaii investor (since the Arkansas investor doesn't pay taxes in Hawaii they are worthless to him anyway). So the Hawaii investors gets back 200% return over 5 years. In return, the Arkansas investor could be given a greater share of the back end, or preferred recoupment.
The production entity would be required to employ or own capital or property or maintain an office in Hawaii, to have more than 50% of its total business activities in performing arts products and to conduct more than 75% of those activities in Hawaii. In other words, 75% of the budget needs to be spent in Hawaii. I currently represent a Hawaiian company that can serve as the production entity that has received a comfort ruling from the Department of Taxation indicating that the company qualifies.
In order to qualify, companies need to stay in business in Hawaii for at least five years, and should have some copyright ownership of the picture. There are many more details but those are the basics. For additional information about Hawaii’s tax incentives, goto http://www.state.hi.us/tax/hi_tech.html.
I am working with a major Hawaiian law firm and a large Hawaiian bank on several co-productions. I am looking for projects that can be shot in Hawaii that have partial financing, preferably at least half the budget from non-Hawaiian sources. Note that there are not many shooting stages or post facilities in Hawaii, so stories that can be shot on location in Hawaii are best.
"Tom Dowd and the Language of Music" to Screen at Sundance
Congratulations to our clients Mark Moormann and Mark Hunt. Their film, TOM DOWD AND THE LANGUAGE OF MUSIC, has been selected for the 2003 Sundance Film Festival's Documentary competition.
The documentary describes the life and influence of Tom Dowd, legendary recording engineer and producer. Dowd helped shape the sounds of a wide variety of pop, R&B, soul, jazz and roll & roll artists including Ron Stewart, Aretha Franklin, John Coltrane, and Eric Clapton.
For more information about "Tom Dowd and the Language of Music," visit http://www.thelanguageofmusic.com/.
Composer Can't Sue for Copyright Infringement
A federal District Court in Los Angeles has ruled that though composer Richard Warren can sue Fox Family Worldwide for breach of contract he cannot sue for copyright infringement, in a case that pitted the "Remington Steele" composer against the media conglomerate.
In the 1980's, Warren signed several composer agreements with the "Remington Steele" series producer, MTM. Some of these agreements did not include the phrase "work made for hire" and none of them specified that Warren's work was "specially ordered or commissioned." The agreements did entitle Warren to the writer's share ofASCAP and BMI performance fees. In addition, if the show were licensed to companies that did not hold ASCAP or BMI licenses, the producer would pay a portion of the license fees to Warren.
Fox Family Worldwide succeeded MTM and assumed the license rights to "Remington Steele." Fox Family eventually signed agreements to license the show to the Christian Broadcasting Network and Princess Cruises, neither of which held ASCAP or BMI licenses when the agreements were signed. Fox Family failed to pay Warren.
Warren sued for copyright infringement and asked that his agreements be rescinded and his full rights to the music copyright be returned because Fox Family never paid the performance fees. The District Court ruled that the agreements Warren signed were in fact work for hire agreements, making Fox Family the rightful copyright holder. Therefore, Warren had no standing to sue for copyright infringement.
The court refused to grant Warren's request for rescission, stating that, "where…there is an express contractual obligation to pay royalties, the remedy for breach is clear, and the implication of a right to rescind is not necessary."
The District court granted Fox Family's motion to dismiss the lawsuit.Warren v. Fox Family Worldwide, Inc., 171 F.Supp.2d 1057, 201 U.S.Dist.LEXIS 22207 (C.D.Cal. 2001)Any source
In This Newsletter:
Hawaii Offers Generous Tax Credits to Film Production Companies
Hawaii recently enacted some very impressive and generous tax incentives. Hawaii’s high tech investment tax credit provides a 100% return on cash investments in a qualified high tech business (QHTB) on a front-loaded basis over 5 years (35% credit in the year of investment, 25% in the following year, 20% in the second year following, then 10% each in the third and fourth year following). Qualified research activities include performing arts products such as motion pictures. The credit is designed to give a 100% return for investments up to $2 million per year per QHTB. The credit applies against Hawaii income tax liability only. The credit can be taken by individuals and corporations paying Hawaii income tax, and by banks and insurance companies against their franchise and insurance premium tax.
Moreover, if money from outside Hawaii is invested, the tax benefits can be allocated to the Hawaiian investors so they can obtain more than 100% return. So for example, if a Hawaii investor put up $500,000 and an Arkansas investor put up $500,000, the parties could agree to allocate all the tax credits to the Hawaii investor (since the Arkansas investor doesn't pay taxes in Hawaii they are worthless to him anyway). So the Hawaii investors gets back 200% return over 5 years. In return, the Arkansas investor could be given a greater share of the back end, or preferred recoupment.
The production entity would be required to employ or own capital or property or maintain an office in Hawaii, to have more than 50% of its total business activities in performing arts products and to conduct more than 75% of those activities in Hawaii. In other words, 75% of the budget needs to be spent in Hawaii. I currently represent a Hawaiian company that can serve as the production entity that has received a comfort ruling from the Department of Taxation indicating that the company qualifies.
In order to qualify, companies need to stay in business in Hawaii for at least five years, and should have some copyright ownership of the picture. There are many more details but those are the basics. For additional information about Hawaii’s tax incentives, goto http://www.state.hi.us/tax/hi_tech.html.
I am working with a major Hawaiian law firm and a large Hawaiian bank on several co-productions. I am looking for projects that can be shot in Hawaii that have partial financing, preferably at least half the budget from non-Hawaiian sources. Note that there are not many shooting stages or post facilities in Hawaii, so stories that can be shot on location in Hawaii are best.
"Tom Dowd and the Language of Music" to Screen at Sundance
Congratulations to our clients Mark Moormann and Mark Hunt. Their film, TOM DOWD AND THE LANGUAGE OF MUSIC, has been selected for the 2003 Sundance Film Festival's Documentary competition.
The documentary describes the life and influence of Tom Dowd, legendary recording engineer and producer. Dowd helped shape the sounds of a wide variety of pop, R&B, soul, jazz and roll & roll artists including Ron Stewart, Aretha Franklin, John Coltrane, and Eric Clapton.
For more information about "Tom Dowd and the Language of Music," visit http://www.thelanguageofmusic.com/.
Composer Can't Sue for Copyright Infringement
A federal District Court in Los Angeles has ruled that though composer Richard Warren can sue Fox Family Worldwide for breach of contract he cannot sue for copyright infringement, in a case that pitted the "Remington Steele" composer against the media conglomerate.
In the 1980's, Warren signed several composer agreements with the "Remington Steele" series producer, MTM. Some of these agreements did not include the phrase "work made for hire" and none of them specified that Warren's work was "specially ordered or commissioned." The agreements did entitle Warren to the writer's share ofASCAP and BMI performance fees. In addition, if the show were licensed to companies that did not hold ASCAP or BMI licenses, the producer would pay a portion of the license fees to Warren.
Fox Family Worldwide succeeded MTM and assumed the license rights to "Remington Steele." Fox Family eventually signed agreements to license the show to the Christian Broadcasting Network and Princess Cruises, neither of which held ASCAP or BMI licenses when the agreements were signed. Fox Family failed to pay Warren.
Warren sued for copyright infringement and asked that his agreements be rescinded and his full rights to the music copyright be returned because Fox Family never paid the performance fees. The District Court ruled that the agreements Warren signed were in fact work for hire agreements, making Fox Family the rightful copyright holder. Therefore, Warren had no standing to sue for copyright infringement.
The court refused to grant Warren's request for rescission, stating that, "where…there is an express contractual obligation to pay royalties, the remedy for breach is clear, and the implication of a right to rescind is not necessary."
The District court granted Fox Family's motion to dismiss the lawsuit.Warren v. Fox Family Worldwide, Inc., 171 F.Supp.2d 1057, 201 U.S.Dist.LEXIS 22207 (C.D.Cal. 2001)Any source
Subscribe to:
Posts (Atom)