Category: Avoiding Disaster

Avoiding Disaster

Public, Private: A Need-to-Know Guide

People are eternally fascinated by the lives of others. Drama, drama, drama. We love it, can’t get enough of the sordid details. I like to think of myself as a sophisticate—but I just can’t get enough of Jon Gosselin!!! Despite the wide dissemination of such "tabloid" stories, there is one crucial question that could be easily overlooked when it comes to creating a documentary or independent film based on someone’s life.

Can someone make a documentary, biopic, historical or narrative film about a famous person without their permission? The answer is complicated at best.

topics: diy, legal issues

Avoiding Disaster

What's in a name?

Usually, in the afternoons, I go to the Walgreens near my office to pick up a Red Bull, and I’m often amused by the jumble bin of $5 DVDs near the checkout counter. Most of them are ridiculous action movies with washed up B-listers. I remember a couple of years ago, when Snakes on a Plane was out in theaters, I looked into the DVD jumble bin and saw a title called Snakes on a Train. It looked like a ridiculous, opportunistic ripoff. Such an opportunistic rip off, I bought it!

topics: diy, film history, hollywood, legal issues

Avoiding Disaster

What's in a name?

Usually, in the afternoons, I go to the Walgreens near my office to pick up a Red Bull, and I’m often amused by the jumble bin of $5 DVDs near the checkout counter. Most of them are ridiculous action movies with washed up B-listers. I remember a couple of years ago, when Snakes on a Plane was out in theaters, I looked into the DVD jumble bin and saw a title called Snakes on a Train. It looked like a ridiculous, opportunistic ripoff. Such an opportunistic rip off, I bought it! (Note: It’s still somewhere in my office, wrapped in plastic) Beyond very general plot similarities and a similar title, the two films are different, and only a fool would confuse Snakes on a Plane and Snakes on a Train. That being said, it is clear that the producers of Snakes on a Train were trying to cash in on the perceived popularity of Snakes on a Plane (the producers of Snakes on a Train also brought you the Transformers -like Transmorphers and The Day the Earth Stood Still -like The Day the Earth Stopped!). These films bring up some interesting copyright questions, but the question I am going to focus on is one of the film’s title.

topics: diy, film history, hollywood, legal issues

Avoiding Disaster

A challenge to filmmakers

Usually I use this column to address specific legal problems that come up when producing a film. I’m not going to address a legal concern this time, but instead, speak to a larger issue that I feel is rarely discussed: the lack of quality independent filmmaking today.

topics: authors, bay area, distributors, diy, film festivals, filmmakers, independent film, legal issues

Avoiding Disaster

A challenge to filmmakers

Usually I use this column to address specific legal problems that come up when producing a film. I’m not going to address a legal concern this time, but instead, speak to a larger issue that I feel is rarely discussed: the lack of quality independent filmmaking today.

In addition to being an entertainment lawyer, I’ve ended up acting as a sales rep on a number of films. In that role, I’ve spent the past couple of years going to a lot of film festivals, becoming intimately aware of the current downward trend in the independent film industry. It is true that the sky is falling, that the industry is downsizing, and the economics, which never made too much sense to begin with, make even less sense today. What a terrible time to be an independent filmmaker! Fewer buyers paying less! A shrinking audience! A digital world that no one knows how to utilize effectively, and is not meaningfully monetized! So what’s a filmmaker to do?

The answer may be the one no one wants to hear: Make better films.

topics: directors, distribution, film festivals, legal issues

Avoiding Disaster

Fine points on festivals

If you’re an independent filmmaker, odds are your plan is to submit to a major film festival in the hope of getting discovered. Festivals are a good way to have your film discovered by distributors, to build buzz and to build an audience. But as all filmmakers know, you’re probably going to get rejected from more festivals than not.

topics: directors, distribution, distributors, diy, film festivals, how-to, legal issues, sundance

Avoiding Disaster

Fine points on festivals

If you’re an independent filmmaker, odds are your plan is to submit to a major film festival in the hope of getting discovered. Festivals are a good way to have your film discovered by distributors, to build buzz and to build an audience. But as all filmmakers know, you’re probably going to get rejected from more festivals than not.

topics: directors, distribution, distributors, diy, film festivals, how-to, legal issues, sundance

Avoiding Disaster

Facing the music (rights)

Awesome music is almost always a hallmark of a really great film. It can evoke the tone of a scene – high drama, nostalgia, alienation, warm fuzzies – in seconds. A lot of the filmmakers I work with become very attached to having a particular song in their film. I read a lot of scripts that have a very specific and expensive song written into a pivotal scene (e.g., THE ARTIST: I’m going to fight this cancer, stay in art school…and I love you!! They embrace as Lionel Richie’s “Stuck on You” begins.) The filmmaker is usually totally crushed when they realize that they can’t use the song without paying a lot of money.

topics: bay area, diy, legal issues, music

Avoiding Disaster

Facing the music (rights)

Awesome music is almost always a hallmark of a really great film. It can evoke the tone of a scene – high drama, nostalgia, alienation, warm fuzzies – in seconds. A lot of the filmmakers I work with become very attached to having a particular song in their film. I read a lot of scripts that have a very specific and expensive song written into a pivotal scene (e.g., THE ARTIST: I’m going to fight this cancer, stay in art school…and I love you!! They embrace as Lionel Richie’s “Stuck on You” begins.) The filmmaker is usually totally crushed when they realize that they can’t use the song without paying a lot of money.

topics: bay area, diy, legal issues, music

Avoiding Disaster

Risky (film) business and securities law

If you are reading this, and you want to make a narrative feature, I am going to make a bold prediction about you: You are seeking a wealthy fellow to become your patron and finance your dream. Find the wealthy fellow, and then your vision becomes a reality! But where to find this coveted person? I often have people ask me if there is a list of rich people who invest in films. The answer is yes, but not for independent film. Independent film is an incredibly high risk and speculative investment. Statistically, it is highly likely that the investor will lose all of his investment. Everyone thinks their film is the exception, but I also always think the Lotto ticket I buy will be the exception (note: I have yet to win the Lotto). There are certain steps you can take to mitigate that risk, such as getting a known cast that will work for scale, getting your crew to work for very little pay, having a budget that reflects the independent film marketplace, etc., but even then, your film is still a very risky endeavor.

topics: bay area, diy, independent film

Avoiding Disaster

Risky (film) business and securities law

If you are reading this, and you want to make a narrative feature, I am going to make a bold prediction about you: You are seeking a wealthy fellow to become your patron and finance your dream. Find the wealthy fellow, and then your vision becomes a reality! But where to find this coveted person? I often have people ask me if there is a list of rich people who invest in films. The answer is yes, but not for independent film. Independent film is an incredibly high risk and speculative investment. Statistically, it is highly likely that the investor will lose all of his investment. Everyone thinks their film is the exception, but I also always think the Lotto ticket I buy will be the exception (note: I have yet to win the Lotto). There are certain steps you can take to mitigate that risk, such as getting a known cast that will work for scale, getting your crew to work for very little pay, having a budget that reflects the independent film marketplace, etc., but even then, your film is still a very risky endeavor.

topics: bay area, diy, independent film

Avoiding Disaster

"Medicine for Melancholy" and the art of DIY legal agreements

For many narrative filmmakers, hiring a lawyer is either an afterthought or not a financial reality. But moving forward with a film without considering legal is a huge mistake. I’ve seen this unfortunate occurrence first-hand. Someone sees me with their finished film and there are no agreements for anything. No rights cleared, no crew and cast agreements. This usually means that your film has no future except as a mantelpiece. Big mistake. But what to do when you are making a micro-budget feature and you just can’t afford a lawyer? There are some good books out there that have some basic forms that are better than nothing. If you are a savvy and resourceful producer, move forward knowing that every single person that has anything to do with your film (cast and crew) needs an agreement and every piece of intellectual property (music, artwork, locations) that you do not own needs to be cleared and licensed. If you are organized and persistent, you can do it. This is dry, thankless work, probably not what you think of when you think of filmmaking, but it absolutely needs to get done.

topics: actors, african american cinema, bay area, digital filmmaking, distribution, distributors, diy, genre films, independent film, san francisco international film festival

Avoiding Disaster

"Medicine for Melancholy" and the art of DIY legal agreements

For many narrative filmmakers, hiring a lawyer is either an afterthought or not a financial reality. But moving forward with a film without considering legal is a huge mistake. I’ve seen this unfortunate occurrence first-hand. Someone sees me with their finished film and there are no agreements for anything. No rights cleared, no crew and cast agreements. This usually means that your film has no future except as a mantelpiece. Big mistake. But what to do when you are making a micro-budget feature and you just can’t afford a lawyer? There are some good books out there that have some basic forms that are better than nothing. If you are a savvy and resourceful producer, move forward knowing that every single person that has anything to do with your film (cast and crew) needs an agreement and every piece of intellectual property (music, artwork, locations) that you do not own needs to be cleared and licensed. If you are organized and persistent, you can do it. This is dry, thankless work, probably not what you think of when you think of filmmaking, but it absolutely needs to get done.

I’ve had the privilege to be the attorney on a film called Medicine for Melancholy, directed by Barry Jenkins. It opens in San Francisco on March 6. In my opinion, it is the strongest San Francisco-based narrative film made in years, and the fact it got done on a micro-budget is a miracle.

topics: actors, african american cinema, bay area, digital filmmaking, distribution, distributors, diy, genre films, independent film, san francisco international film festival

Avoiding Disaster

Casting: Names and numbers

I hear from a lot of people making narrative features who find themselves in a Catch-22. They can’t get money for their project without a known cast, and they can’t get a cast without a bunch of money. This is indeed a conundrum, which is all but inevitable with the financial limitations in making independent films. Five or ten years ago, budgets for indie feature narrative films were generally between $1-3 million. This budget, though low by Hollywood standards, allowed some money for above-the-line performers, especially where distributors would pay advances that justified the budget.

topics: actors, bay area, digital filmmaking, directors, distributors, dramatic films, features, independent film

Avoiding Disaster

Let’s make a documentary—then kill each other

I work with both documentarians and narrative filmmakers, and they are very different in their approaches. With narrative filmmakers, you need all your money raised before you enter into an intense multi-week production phase. It’s a long process of fundraising before you even touch a camera. Documentary filmmakers, on the other hand, just need a camera and a subject to get the ball rolling. Run out of money—that’s OK. Put the camera away until you get some more money—and then do some more shooting. This process can go on for years. Documentarians have a slow burn of their funds as they start and stop their shoot. Usually it’s not about that—it’s about a subject that they are extremely passionate about. It is hard to shoot alone, however, and it is very common that another person who has the same passion for the subject may join forces. When there is collaboration such as this, there is a great deal of good faith and trust as both of you are working hard to get this important story about this thing you’re passionate about out into the world.

Particularly here in San Francisco, I find these collaborations have a sort of Burning Man ethos where it’s not about contracts and money and financial expectations—it’s about getting this story out into the world. The two of you nurture this thing for years, maxing out your credit cards but creating something wonderful. Then there’s a small disagreement.

topics: bay area, digital filmmaking, directors, distributors, documentary, independent film

Avoiding Disaster

Let’s make a documentary—then kill each other

I work with both documentarians and narrative filmmakers, and they are very different in their approaches. With narrative filmmakers, you need all your money raised before you enter into an intense multi-week production phase. It’s a long process of fundraising before you even touch a camera. Documentary filmmakers, on the other hand, just need a camera and a subject to get the ball rolling. Run out of money—that’s OK. Put the camera away until you get some more money—and then do some more shooting. This process can go on for years. Documentarians have a slow burn of their funds as they start and stop their shoot. Usually it’s not about that—it’s about a subject that they are extremely passionate about. It is hard to shoot alone, however, and it is very common that another person who has the same passion for the subject may join forces. When there is collaboration such as this, there is a great deal of good faith and trust as both of you are working hard to get this important story about this thing you’re passionate about out into the world.

Particularly here in San Francisco, I find these collaborations have a sort of Burning Man ethos where it’s not about contracts and money and financial expectations—it’s about getting this story out into the world. The two of you nurture this thing for years, maxing out your credit cards but creating something wonderful. Then there’s a small disagreement.

topics: bay area, digital filmmaking, directors, distributors, documentary, independent film

Avoiding Disaster

Notes on digital distribution

November 1997—“Dear Mr. Rush, we regret to inform you that your film The Milkman has not been accepted to the Sundance Film Festival.” This had to be a mistake. I had just toiled for two years making a low budget feature narrative about a recent college grad who moves back home to San Francisco and tries to figure out what to do with his life (shockingly, that’s a pretty good description of myself in 1997). I even have a cameo, with the poetic line, “Man, that’s a lot of beer.” I actually called Sundance to inform them of their mistake, but they were resolute in their denial. The film was made for $16,000.00 and I remember almost crying when I told my investors (family and friends) that we were rejected. This conversation happened about 20 more times as festival after festival rejected the tour de force known as The Milkman. Even our own local festival in San Francisco said no. I pleaded with a programmer—"I’m from here, this is about San Franciscans, why would you show Truffaut over me?" The programmer politely told me that San Francisco residence or subject matter was not a factor in choosing films—it was quality. The final blow came when I showed the film to my family and the average anonymous score on a scale from one to ten was two. I was crushed.

Avoiding Disaster

Notes on digital distribution

November 1997—“Dear Mr. Rush, we regret to inform you that your film The Milkman has not been accepted to the Sundance Film Festival.” This had to be a mistake. I had just toiled for two years making a low budget feature narrative about a recent college grad who moves back home to San Francisco and tries to figure out what to do with his life (shockingly, that’s a pretty good description of myself in 1997). I even have a cameo, with the poetic line, “Man, that’s a lot of beer.” I actually called Sundance to inform them of their mistake, but they were resolute in their denial. The film was made for $16,000.00 and I remember almost crying when I told my investors (family and friends) that we were rejected. This conversation happened about 20 more times as festival after festival rejected the tour de force known as The Milkman. Even our own local festival in San Francisco said no. I pleaded with a programmer—"I’m from here, this is about San Franciscans, why would you show Truffaut over me?" The programmer politely told me that San Francisco residence or subject matter was not a factor in choosing films—it was quality. The final blow came when I showed the film to my family and the average anonymous score on a scale from one to ten was two. I was crushed.

[SF360.org editor’s note: This is the first edition of George Rush’s new column in our Indie Toolkit, a legal column for independent filmmakers.]

topics: bay area, documentary, features, filmmakers, independent film, legal issues

Avoiding Disaster

Are your duckies in a row? Securing the music and footage rights before the big fest premiere

After years of hard work on your independent film, finally some recognition and reward. You’ve been accepted into a film festival where audiences can fawn over your work and distributors can take out their checkbooks to acquire the rights. This is it—this is the dream! Start planning something dapper to wear to the premiere!

[SF360.org editor’s note: This article appeared originally in Film Arts magazine. Look for substantial portions of the digitized archive of Film Arts and Release Print, from 2004-08, at SFFS in the coming months.]