Editing My Life... Get it?

--> Well, my future as an Editor will definitely be an interesting one. I have just been informed that the short film that I edited, and for which I was paid $200, has just won prizes for Best Actress in a Short, and Best Script in a Short at a local and internationally known film festival in Puerto Rico. I don’t presume that I will start charging loads of money for my services as an editor, but I do definitely want to expand my knowledge in the field.

When I started my Bachelor’s degree in Radio & TV Production back ’07, I avoided editing at all costs; I always relegated that chore to someone else in my groups. For some reason I was dead afraid of putting myself out there in terms of cutting footage and having the misfortune of ruining what we had captured in video for our class projects. But then, just like in ’06, when I finally made the decision to change majors from small business administration, to Radio and Television Production, I plucked up the courage to finally edit our projects, I put my name for every single project. And I did it.

I felt such a high!

I felt like it was mine. Of course our group worked incessantly during that last semester of class, and we all did it together. But I edited it all. I put my point across. I put my vision across. Somewhere in the world, someday, someone is going to see my work. The thought alone gave me chills, the good ones anyway. I was ready to do it. I graduated, I looked for jobs incessantly, until 2011 where I finally decided to get my Master’s, and so this adventure began, I’ve told you a couple of times, how it’s been during the program. That it’s been an adventure is an understatement. That it’s tested me to limits I didn’t even know existed within me is another understatement.

But I can finally say that in one week I will graduate from Full Sail University with a Master of Science in Entertainment Business. The thought of it alone is delicious.

I will continue to soar through life making these crazy decisions that I know someday will drive me to the loony bin, and I will always love it. Hopefully by then I will have a job where I can make a difference.

I hope you’ve enjoyed my blog posts during this year.

This is me signing out.

Future Full Sailors in Music, Film, TV, Gaming, Editing, Whatever!

Hello readers,

Let me begin by saying that these last two months of class have been quite the learning experience. I am officially on my last class of the Entertainment Business Master of Science program (EBMS) at Full Sail University. It hasn't been easy and when I want to give up I remember that there are people in the world that wish they had the opportunities that I have right at this moment. Either way, I'm battling through this mental obstacle, and finally reaching graduation.

This final class is about officially putting together all the work I did in the Business Plan Development class two months ago. We did the financial statements, the managerial, organizational, and industry analysis parts that make up the business plan. This class is the Big Kahuna compared to the rest of the classes I’ve been taking since last February. If I’m being honest here, even though I started this a year and a half ago, not only do I NOT know what I’m going to do once I graduate, I also didn’t think I would actually make it this far, even if I am a couple of months late.

Having said that I only have a couple of things to say before the last blog post comes in a couple of weeks. I will parlay the one thing I can say is of the utmost importance when beginning an academic career with Full Sail University – Online, and that is to ALWAYS BE PREPARED. There will be presentation formats that you’ve never in your life have heard of, and you will probably think that you got it in the bag. You won’t. Which is why you need to make sure you check out your assignments for every week on Monday mornings, and start them at least on Tuesday, that way, you will have Thursday and Friday to finish the rest of the assignments given to you.

Another piece of advice: ALWAYS ATTEND THE WIMBA SESSIONS. I cannot stress enough how important these are. Even if you go to the archives, make sure you go prior to Sunday. It won’t serve its purpose if you go on the one day you have to submit your homework.

Yet another piece of advice: don’t forgo reading the class textbooks, or the additional reading material appointed by the professors. You might find it an annoyance, but trust me when I say this: it will help you complete your assignments in a much more professional fashion, and that gives you credit points with the professors.

This next one is probably the most important one, yet one of the most overlooked by students. ALWAYS submit your homework ON-TIME. I cannot stress this enough. You can be one day late in submitting your assignments and your grades WILL suffer the consequences of the strictness with which the professors at Full Sail University treat this matter. Trust me. You will go through situations, of course, but never let even one day go by before submitting your assignments.

As my last piece of advice I will only say this: HAVE FUN. I have stated enough before that Full Sail University is one the most difficult experiences I’ve ever gone through in my life. But I wouldn’t change it for the world. I learned more about not only myself, but also about the business that I want to work in. I met new people; I discovered new things about myself that I didn’t know I had in me. I see new possibilities in life that I didn’t see before. Before I came to Full Sail University, I thought I was tripping on daydreams because they would never come true. But Full Sail is the reason why I feel more confident about going forward with my goals, and dreams.

So please, have fun and never lose the passion you have for your dreams and goals, because that’s what’s going to take you as far as you want to go in life.

See you in a couple of weeks for the last post!

The journey is almost over!

Film, TV, Graduation, and Jobs

Hello my reader ([s] just in case there’s more than 1)! It should be said, that I’m officially one month away from Graduation. You’d think I’d be happier, but to tell you the truth, I’m even more scared than when I graduated from my Bachelor’s degree. It’s been an intense year and a half. And suddenly every time I start thinking about anything happening after Graduation, I get completely freaked out. Because I have absolutely NO idea what I am going to do afterwards. My classes are going more or less okay, and I have no way of stopping time from continuing on. I’ve been looking fro jobs through LinkedIn, or at least for companies in my area of interest, and so far it’s going as expected, seeing nothing that calls to my attention. Should I be so picky, when I have no idea what’s going to happen after all this is over? I know, I’m totally rambling, but this is the sort of subject that gets me on edge. I am a 27-year-old Master’s degree student that has absolutely no idea whatsoever what am going to happen to her after graduating from a post-graduate degree. Can any of you relate to that?

It can be so petty to feel as though I am the only one going through this right now, but, I can assure you, I’m not the only feeling like “I’m the only one going through that” nor “the only one under pressure for what’s yet to come”.

So, having rambled on for what seems like an eternity, I’m going to give you three pointers on what I think is the best thing you could do calm yourself down, and just get started on your future.

First of all: calm yourself down!

The pressure sometimes can help you out, but if you let it run your life, and your emotions you won’t be productive towards finding the job that you want or need (because, let’s face it, you’re not going to find the perfect job, immediately after you graduate, unless you’re the Dean’s kid). So, calm down, do your research, go to LinkedIn.com check out your industry on the Advanced link beside the search bar, and you’ll find so many people not only in your same situation, but also people that can help you out find the job that you’re looking for, and you can help them right back.

Second, if you’re about to graduate, talk to your academic advisor!

If there’s someone that understands what you’re going through right now, it’s him or her. They will give you the advice, support and help that you need to get your things settled, and ready to go out into the work force. Trust them! They know what they’re doing!

And third, cut yourself some slack:

Just because you’re entering the work force doesn’t mean that you’re going to lose yourself to the work. Remember to always be yourself, be strong in your convictions, and show those employers who you really are, and what you can bring to their company. The last thing employers are looking for are people whom they’ve worked with their entire lives. Don’t be afraid to be yourself.

I am personally looking for jobs in the film and television industry, so I already know that I need to focus on networking, and moving to a broader place. Because while I do want to open my own film and TV studio in my country, the truth of the matter is that I need to gain some experience before I jump that wagon of adventure.

We often forget that the people hiring, were at some point in time in our shoes. They didn’t know better than we do now, so, don’t be afraid.

Remember: Be authentic!

“Bully” v. the MPAA

We were here a couple of years ago with the Weinstein-distributed film “Blue Valentine”. 

And now we were here again a couple of months ago with “Bully”.

The problem here is that for the past 50+ years the MPAA has been deciding for us what we should watch and what we shouldn’t watch. The MPAA is not an association appointed by Congress to oversee the content that are featured in movies. But, in a sort of indirect way it has received its support. But let's start at the beginning, shall we! Jack Valenti was its president for 38 years. And just who is Jack Valenti, you ask? Well, he was a political opportunist. He just happened to be present at the swearing in of President Lyndon B. Johnson immediately after President John F. Kennedy was assassinated. During the run of his presidency over the association, he received full support from Washington D.C. And here is where we have the 'issue'. The 'issue' here is that the MPAA preaches religiously that they have no hidden agendas, other than to protect children from watching inappropriate material in theaters. Why, I just think that that’s very convenient, considering that every scene that is “frowned upon” by the members of the board of reviewers is a sex scene. But films with high content of violence are given a PG-13.

Can somebody explain that to me?

But here’s what really cooks me up inside. They claim that they are neutral in matters of religious beliefs, ethics, morals, blah, blah, blah. But when you watch the documentary “This Film Is Not Yet Rated” it clearly shows when a movie is given a PG-13 rating and R rating. Violent movies tend to be favored more over than movies where there are intense sex scenes. Now let me be clear, I’m not vouching for movies to be explicit in sexual content, you can look that up online, if you know what I mean (and I think you do, *wink wink*).

Anyhoo, what I’m saying is that when the MPAA idolizes violence so much in place of a scene where two people are doing something that is so completely natural, loving each other in a physical way, a series of red flags come up in my radar.

Now what does that have to do with “Bully”?

Well, it has to do with “Bully”, in the sense that in a couple of scenes during the documentary, the bullies were cursing with F-bombs all over the place, and the association found that to be inappropriate for children to watch. Lord knows how many suicides occurred last year alone due to bullying. Everybody knows that bullying can have tragic consequences, and the way it happens is by degrading other human beings, treating them with disrespect, cursing them out and everything. If these kids, who already know this type of vocabulary and they are using it against others, why is it so harmful for them to watch it happen by people who practice it as they do, in a theater?

This has been a year of reflection on who really has your back. On who really has your child’s best interest at heart when it comes to “public servants”.

This documentary presented something so important to watch, and this organization has only been bullying not only the director, but the people who can benefit from watching such strong and emotional material as what “Bully”is presenting.

You know filmmaking isn’t only about making money, at least not to me. Sometimes people forget that filmmaking is an art. And art can be many things, among them a form of expression of a repressed truth, or a truth that has become lost in the day to day routine that is life, or simply because people refuse to see it. This film could’ve had such a strong-er impact had the association seen the truth in it.

And what a simple truth it was.

Ch Ch Ch Changes! Business Plan Changes That Is...

Having written a post a couple of weeks back about two very important members of the industry. And when I say “very important members of the industry” I actually mean, industry royalty. I’m speaking of Steven Spielberg and George Lucas, two incredibly creative people and visionaries from very early on in their careers.

Having taken this class this month, and going through some personal situations that have made me question myself, my plans in the very professional aspect of my life, and remembering that this was the last blog post of this class, it was convenient to find that it was about furthering even more into the information we found on these two incredible people we spoke about. So, I went back to that first blog post from three weeks ago, and (not that I forgot, but it sort of slipped my mind) that George and Steven must have went through similar circumstances at a moment in their lives where they had to question themselves, whether they were doing the right thing, in pursuing this big dream they had of making motion pictures.

But you get over it, you know? It’s all part of a human being’s development. So, I went back to my original business plan, and looked at it from a standpoint where I literally had nothing to lose. So, I decided to create a business plan that not only helped me make movies by myself, but also help others make their own films, whether they were international filmmakers looking for inexpensive locations, or just local filmmakers with the artistic intention of expressing an idea through film making. So the general idea for the business was originally going to be a film studio so that I could make the films that I wanted to, but I knew that it needed a bigger purpose than just that. So, it became sort of this dream for other filmmakers whether locals or international to come to my studio and film their movies.

I think investors will see the importance of the studio not just being a studio for the sake of being a studio. The fact that we are open for business for others as well is something that can speak volumes to investors. After all, we have to make a living out of this. At the end of the day we are looking for profit from this venture, so, it’s a good opportunity to help others fulfill their dreams as well as ours.

Steven Spielberg and George Lucas

Steven Spielberg is one of the most important and renowned directors of all time in the entire planet. That's actually a fact. He is considered a pioneer in the field of directing and producing. He has directed movies like: Jaws, Indiana Jones, Jurassic Park, and Encounters of the Third Kind. Steven has achieved many successes throughout his career, starting with his first short film in 1968 Amblin. Which name he later gave to his first production company Amblin Entertainment.

After that he started directing episodes of Columbo, and then after that he directed the film Duel, his ticket to the big screen. What came after that was what many today call classics. He eventually opened his own film studio called DreamWorks and proceeded to create many films that have garnered him recognition for his true artistry as a director and visionary.

Which brings me to my next point. In our discussion post this week, we were assigned to watch a video about three business-owners in Detroit, one of the most affected cities by the recession in the US. We saw how brave these people were, and we admired them because in all the things that were happening, they never wavered in creating what they did in their businesses. They managed to be successful in the midst of a recession. And all they had going for them, as far as they knew, was the motivation to do what they truly love to do. And that’s what I think about when I think of Steven Spielberg. Someone who has lived his life doing not only what he does best, but also what he loves the most, and has managed to make a great living out of it. It’s truly a great story to be inspired by, and use as a motivator for our own businesses and/or dreams.

Now George Lucas is another visionary.

What this man has managed to do for his name in pop culture history is basically unheard of. He is one of the most known names in the world. Why? Because he created StarWars. A story that is 6 movies long; and an entertainment empire that has been in business for many years now. He is number 4 in the list of most powerful in the entertainment business (following Time Warner, Turner, and his very close friend Steven Spielberg) with his many businesses, but perhaps his most important one is Lucas Film.
This is just another example that when you’re passionate about something that you feel and know it could take you places, you just go for it and do it. He certainly went through a lot to get to where he is at right now.
To me it comes down to dedication, and passion for what you love. I don’t think that you achieve anything when you do things you don’t like or even love. Yes, it’s romantic talk about how we’re supposed to live our lives, but think about it. When they started out their careers, they never thought they would be who they are today. They would’ve never thought people would regard them as they do right now, which is Hollywood royalty. They had to work hard to actually get there.

Now, after all that ranting I have to get down to the business of it all.

What are the critical & key components that investors are looking for in a plan? Why are these considered key?

I think that what they are looking for in a business plan doesn’t completely rely in passion for what you’re planning on doing with the business. I think it’s also a matter of being business savvy. Writing a business plan that is attractive the investors, something that doesn’t involve them having to pay more than they want to or more than they should. Which is why it’s important to start the business for at least 2 years, and see how it goes before going investor hunting. Once you do that, you go in that meeting, and you know exactly how your business works. And they obviously want to see actual progress in the plan you are presenting them with. So set some goals or those first two years prior to that meeting, and see how it goes. The last thing you want to do is go in that meeting without really knowing how your business works, what works for it, and what doesn’t work for it. 

These two men inspire me to actually do my best and make sure that I do things right, without really losing my path in what I really want to do with my life. You don't really hear of stories like theirs anymore. It's like there is no joy in actually fulfilling your own dreams. It's probably what scares me the most about this journey that I'm in right now, and that is about to end in two months. 

But, like they did, I have to give it a try.



May the force be with you.

Hit the comments afterwards and let me know your thoughts!

Two Months Away from an Entertainment Business

I wanted to speak to you, my reader, regarding a rather special and delicate subject: Graduation. I am supposed to graduate in June/2012, and finally have my Master of Science Degree in Entertainment Business from Full Sail University. I have pondered many times whether to really go into opening my own entertainment industry-related business or to just try and blend in with the crowd, meaning the rest of the world in trying to get a job in this ever so precarious economic age in our history. At my age, I should have my own job, my own home - my own things. But alas, I don't.

Like so many contemporaries of this generation I am unable to find a job that is related to my area of study. Which is weird because that is one of the biggest reasons I went into my Masters with Full Sail. I love Full Sail; the way they educate is like nothing I have ever seen in my life, and probably the same with you. Try taking just one class a month and having to submit 3 different assignments between Wednesdays and Sundays, the learning never stops, but it can com to a point where you start actually pulling your hair.

But, I digress.

The reason I am writing such a fluff piece this time around is because like I said, I'm about to graduate from my Master's degree, and I need to make a decision about whether to go into business, or just keep looking for a job. What's funny about this is that I actually know that I am not the only one going through this questionnaire in my mind. There's millions upon millions of students wondering and questioning themselves the same "trivial" things. So, without further ado, here are my absolutely great ideas: 1) Open my own editing agency/business, 2) Move to either New York, California, London or France and look for multiple jobs in one of those cities.

What do you think?

Can you tell I planned this well?

To be honest, I don’t even know what’s going to happen after I graduate. Right now my future is hanging by a thread. Depending on how I do on this class at the end of the month, I will know if I can graduate. I really truly hope so.
This class is about understanding the workings of Online Marketing. I was scared right away the first day (no one knew that until just now); and I was right. But ‘being scared’ aside, the class is actually very interesting. The professors are great (they must be thinking that I’m trying to get on their good side, not at all… well, maybe a little). The information is exceptionally relevant to our times, and a little knowledge in online marketing never hurt anyone, aside from the fact that if I don’t pass this class, I can’t graduate. So, you can imagine how scared I really am. Here’s to hoping everything turns out OK.

Again, I digress.

Listen, finding a job within the industry that one loves now a day is one of the hardest things there is to do, unless you have a stellar GPA, and good connections in different places. But the one thing I can tell you for sure right now, without a shadow of a doubt in my mind and in my heart is that I do love this business, -well, the creative part anyway- and that I do want to try.

So there you have it my friend(s) (if there’s actually more than one). I give you two options, you help me choose, and I’ll keep bringing these (anything but interesting and relevant) posts.

Hugo: A Conundrum

     

We all know that when we go to see a film it's because when we watch the promotions and the TV spots, we were increasingly attracted to what we were being presented with. That's how the business works. The conundrum that we are presented here with is that, it's such a distinct film, that it appeared that the film's marketers didn't know how to position it for the audience. and that affected the film a lot in the aspect of profits. That's how we see a very significant difference in the way things were done back in the "Golden Age of Hollywood", where films were presented to the masses with the ultimate means to gain profit, but the quantities of money was not what generally determined the success of a film. What ultimately measured the success of a film was the acclaim it would receive, not only from the critics, but also from their peers, and of course the audience. There is a line in the movie "The Holiday" by the great actor Eli Walach that goes: "now a days a movie has to make a 'killing' on opening weekend in order to be successful" (well, something along those lines). And it struck me - he couldn't be more right! So, the problem that we have here is a combination of many factors that can be divided into phases. Because film making is done in phases: concept creation, pitching to the studios, pre-production, production, and finally post-production. But we focus on a general aspect of the whole picture. We focus on how that product is going to be promoted from the moment it is announced to the media, and how the studio will want the product to be seen and what they want it to be portrayed as to the public. After all, the audiences are the ones that keep these people in their comfy seats, inside their big, floor-to-ceiling windows, so, the audience decides if it’s going to be a hit or a flop. And here comes the situation with “Hugo”. Hugo wasn’t advertised in a way that portrayed their central story, because when I saw the film, I had no idea that the film was about what it ultimately was about. Which was the life of film making “founder” George Méliès. The film is probably one of the most beautiful films I have ever seen (and I’ve seen many films, I love almost all of them) but this one is special. It touched a subject that is very near and dear to my heart, and you saw Mr. Scorcese’s heart and passion in it, he even had a cameo in it. Which was such a lovely surprise to me, to see him be an even more direct part of what was a passion project for him. I ramble. In the words of my closest friend: “The film looks too childish for adults, and it’s too adult for children, so they had no way of promoting it in a way that would appeal to all demos.” It’s probably the reason why it wasn’t as successful in the box-office as they thought t would be. And I couldn’t agree more. I recommend it to all who want to see a piece of extremely old-school cinema, it’s truly remarkable. And I encourage all of you, dear reader(s) (all one of you), to investigate your films before deciding not to go see them. Us filmmakers work from the heart, for the pleasure of your entertainment.

Script Writing Is Not For This One Here…

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When I was in college I had to take a script writing class. I had one of the best scores during the semester. I admit though that sometimes I did the assignments in class, moments before submission. I will say that to this day, it has been one of the most challenging classes I have ever had to take in my life. We covered everything from radio commercials, to print ads, to television commercials, to knowing when to use a theater commercial, to story lining a commercial for submission, and story boarding a commercial. That was one half of the semester, when midterms came; we went full on with screenwriting. Our professor went on and on about first, second, and third acts. “Make sure your characters have the right motivations for the decisions they make in the script”, she would say. I think it’s safe to say that she is one of my favorite professors, to this day. She lived her teachings, sadly she now works for the governor of my country, but that’s not the point… She was an exquisite teacher, there ought to be more teachers like her. So midterms came and went, and screenwriting was the order of the day in our classroom. We saw so many films, and we had to identify when the acts began and ended. One that I loved was Y tu mama tambien directed by Pedro Almodovar, she told us to watch it over the weekend and come back with the acts, the climax, the plot points, the plot twists, everything. Well, naturally I was too embarrassed to watch that film by myself back then, if you don’t know this by now, Spaniard film-making is very risque, it’s incredibly real, but, risque, and I was not going to watch that with my parents around. So, I arranged a group of classmates and we got together and saw the movie. Safe to say that the movie is amazing, and that once we saw it, it was very clear why she chose that film to teach us with. The script is written to perfection. And the only I could’ve seen that was through her teaching, but enough of that. Script writing is a process. A long, and tedious process at that, if you’re not really the type of person who likes to analyze and over analyze everything a character does. Writing is a process. Writing takes a certain level of humility, it takes knowing that a certain event is going to happen in your story, and it’s not necessarily going to be your favorite thing in the world. One thing that I can say is this, you don’t have to be born with the “knack” for writing; you can learn to be a great writer. It’s something that many people struggle with, because writing is one of the most raw and honest and fulfilling activities there is. You just have to be as raw and honest as the art is. You have to do the work.

First Time as First AD

As you guys know, I'm a film buff, I've worked in different shorts, music videos, and TV shows, but as a mere production assistant. This time around it's a bit different; I have been offered the First Assistant Director position in a short film, set to shoot in two weeks. I've been dealing with casting actors, insurance papers, hiring crewmembers, making shooting schedules and call sheets, etcetera. I'm excited to have this job, but with school on the one side, the family on the other, and then head on is this monster of an experience. It's truly a ride. Now, don't get me wrong, I love it, but it can be too much if you're not prepared and organized. There's a reason why it takes a village to make a film and a team to make that shooting schedule and call sheet. I thought about telling you guys about this because, other than my boss, there’s really no one else I could talk to about this. One thing that film students or film people go through is that they are nearly all the time misunderstood, not just by society, but especially more by their family. My family has absolutely no idea what I do for a living. Sometimes I feel like an alien when it comes to explain a process in editing or how to shoot a scene that could be difficult. This is not being written for pity understanding, I’m putting this out there for people who don’t know what we do, what we go through. That what we do for a living, we do it because we love it. That sometimes it’s a hassle working in the business, but that we do it because we love it. And it goes not just for the film students, it goes for the music students, it goes for the writers of the world, it goes for the gamers of the world. A First Assistant Director’s job is to make sure that the entire crew (Director, DoP, Prop Master, PAs, Editor, etcetera) has what they need in time for shooting. Shooting begins soon, let us hope that everything goes as planned, or that I at least planned things right so that it goes as planned. I’ll keep you posted guys. Thanks for reading my small rant.

Interviewing An Expert

For this new post we were assigned with either interviewing an entertainment law expert or reviewing three podcasts. Since I’ve already done the podcast one, I decided to go with the interview this time. Coincidentally, I am interviewing Mr. Gordon Firemark, who not only has years in the entertainment law business, but also has a podcast the “Entertainment Law Update Podcast” by Gordon Firemark, in which he discusses a variety of topics regarding different cases that could in court at the moment among other subjects.

For this interview I wanted it to be more basic than a deep dig into the topic of what entertainment law is. We as future entrepreneurs in the entertainment business and students of Full Sail University have the logical obligation to educate ourselves with the goings-on of the legal side of things, especially if we’re planning on having a business. So, with all of that said, here are some questions regarding the foundation of your own company, our obligations as said founders, among others. I hope you find this useful for the foundation of your company as I did with mine.

1. What does entertainment law entail?

Entertainment law is an amalgam of many bodies of law.  The foundational principles at work in the field stem from: Contract law, labor law, copyright, trademark & patent law, business & commercial law, and a bit of tax law.   Equally important is a thorough understanding of the entertainment industry, and the specific segment in which you work. Entertainment Lawyers tend to sub-specialize in music, TV, film, theater, etc.  

Within the field there are two types of lawyers.  Transactional lawyers, who make the deals, negotiate, draft contracts, set up companies, etc. and Litigation lawyers, who handle disputes, lawsuits, arbitration, etc.  There are few who wear both hats, but mostly folks do one or the other.  Litigation lawyers also have to really understand the rules of Civil Procedure and Evidence, which play into the way legal proceedings in court are managed.

2. As students we haven't dealt with the type of situation where we would need legal representation. If we were in need of legal help what are things that we look for in an entertainment business lawyer?

Hiring a lawyer is an important business decision.  Price should not be a primary factor.  Find a lawyer who has experience in the field, who knows the law, and understands your business/market.  You obviously need to trust your lawyer, so be sure you feel comfortable sharing your most intimate business information with the person.  You want someone who is available, reachable, and responsive and with whom you feel some kind of a "connection".   Sometimes lawyers have to tell hard truths and give unwanted advice.  Be sure your lawyer is someone you feel you can listen to, even when the news isn't good.  Finally, you want someone who will get things done.  In short, you're looking for experience, credibility, likeability, and effectiveness.

Then, all other things being equal, consider the fee.  Entertainment lawyers' fees range from around $200 to $600 per hour. Sometimes we will do flat-rate per-project kinds of deals, and sometimes I will take a percentage of an artist-client's gross earnings, instead of hourly fees.  

3. As part of our preparation for this Master's we have to come up with our own ideas for a prospective business in the entertainment industry. What is the legal procedure I would have to go through in order to open our businesses?

Starting a new business.  First, get a business plan organized.  Not strictly a legal process, but if your business will involve buying, selling, or otherwise dealing with intellectual property, you'll want to know the boundaries and parameters.  So consulting with a lawyer when preparing your plan is a good idea.

Next, you'll need to consider forming an entity.  Will you have partners?  Investors?  Do you need insulation from potential liability?  Will you be operating in multiple locations?, etc.  These are all factors to be considered in deciding whether to be a DBA, partnership, corporation, Limited Liability Company, limited partnership or some other form.

When you form an entity, you sign up with the government to pay taxes, etc.  If you're hiring employees, you need to think about payroll, insurance, etc.

Next, you'll want to establish your office policies and procedures, and develop your model for the transactions you'll do regularly.  Setting up a short form that acts as your checklist or worksheet when making deals, will make your operations smoother and keep your legal costs down when it comes time to draw up contracts.  A lawyer can help you with this.

4. I want to protect my company from every and any type of action that could put in danger the reputation that I'm trying to build with Tropical Moon Entertainment. What can I do to protect my brand?

As far as protecting the BRAND, registering a trade- or service mark is very important.  Next, being careful about your business dealings with others can count.  Being associated with shady types can really drag your reputation down too.  

As far as protecting against liability, forming an entity, as mentioned above is a good start. Good insurance is also important.

5. Considering how the internet is used today, we use the internet for so many things that sometimes we don't know what it is that we're doing and/or if we're breaking any rules or laws. When it comes to cyber law, what are the laws that are most overlooked by the general public?

I think the general public doesn't even bother to consider that the stuff they see on the 'net is somebody's property.  Intellectual Property is a mystery to most people.    If you look on my blog, you'll see an article about ASCAP collecting and "going after" restaurants and bars.  Read the comments.  It's amazing that people think that music is "free" to use as they please.

http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/

http://firemark.com/2008/12/02/rhode-island-pub-music/

http://firemark.com/2007/10/08/listening-to-the-radio-at-work-you-may-be-a-copyright-infringer/

http://firemark.com/2007/08/23/ascap-sues-restaurants-over-music-use-are-theatres-next/

The other issue is the posting of videos that Contain music on sites like YouTube.  Again, folks don't think about the music as property... They just assume its OK to use it.

I want to take a moment to thank Mr. Firemark for answering my questions, and for having a podcast in the first place! It’s been educational and lifesaving for my Advanced Entertainment Law class. Looking forward to hearing your podcast in future occasions.

Thank you so much for your help Mr. Firemark!

You're welcome.  Feel free to hit me with follow-up questions.

If you had or have any questions that you couldn’t find the answer to in this blog post and would like more information, feel free to write Mr. Firemark through this link.

Three Cases

Case #1 Heptagon v. Core v. HGTV

The first case involves HGTV, their show Selling New York, and a private “design Company that specializes in high-end furniture”. Said company has failed to show that “virtual furniture displayed on HGTV’s Selling New York constitutes copyright infringement, trade dress infringement and unfair competition. This show “features real estate brokers selling apartments to New York’s rich. And on January 13, 2011, HGTV aired an episode entitled “The Big Buy In” where real estate brokerage core Group sought to sell a condo at 240 Park Ave South for nearly $6 million and in the episode Core’s CEO discusses the fact that the property is less appealing because it is unfurnished.”

Core contacted Heptagon, a high-end furniture maker, Heptagon agreed to help out by providing photographs of the furniture chosen to show the condo, but the two companies couldn’t come to a final agreement since Core refused to purchase an insurance policy for possible use of the real furniture. He instead took the images, and created a virtual, fully furnished replica of the apartment to show interested buyers.

Core got exactly what he wanted: the buyer bought the property for almost the full asking price.

Heptagon then sued, and New York federal judge Laura Swain noted, “the Copyright Act protects “pictorial, graphic, and sculptural works,” but explicitly limits the protection of utilitarian or “useful” articles.

The article proceeds to ask us: “Does virtual furniture shown on TV qualify? How worried do those with commercial enterprises have to be about displaying design works of originality like furniture, clothing and jewelry?”

My answer is that it should. All of the things mentioned before are part of someone who created them. Therefore someone in specific made it in unique circumstances, whether it’s art, an article, a photo or a virtual representation of the photos that were discussed at the meetings between Core and Heptagon. Heptagon should’ve gotten the judges favor.

 

Case #2

In Jail for Piracy

As we all know piracy in America is the only reason why the film making business is staggering at the moment. As a consequence of choosing to be a pirate a woman was sentenced to 22 months in prison for operating a pirated video website.

“Hana Amal Beshara, 30, is a New Jersey resident and a founder of NinjaVideo.net, who was also sentenced to two years of supervised release, 500 hours of community service and is being forced to repay more than $200,000 in profits.”

The only thing I can say about this case is that, sadly she’s not the only one operating this websites. And for the government to actually catch all of the people who are engaging in this type of behavior, and continually costing the filmmaking industry millions upon millions of dollars is going to take a long time. She certainly won’t be the last one they take down. 

Case #3

Is the term "transformer" a trademark for Hasbro?

Now, in this case a computer manufacturer argues that its tablet/laptop hybrid should be able to describe itself as a “transformer”.  We know that in 1984, Hasbro introduced the public a line of alien toy robots named the “Transformers”.

In this case what’s being discussed is if the term in question even considered by the judicial system and the rest of the public as a trademark. Because ultimately, the audience is who tells the big companies when a word is considered as part of something, when that word is not just a word, but it comes already with the thought in the people’s mind.

While I understand the company’s situation, I have to side with Hasbro on this one. People know that word to well, and even more now that there are three movies with the same name and all three have been massively successful. So, yes, in the case that the maker of this hybrid tablet/laptop has used a name that is already being identified with something else, I believe that there is infringement on the part of the technology company.