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.
Monday, April 23, 2012
Sunday, April 1, 2012
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.
Wednesday, February 22, 2012
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.
Tuesday, February 21, 2012
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.
Monday, January 30, 2012
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.
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.
Monday, January 9, 2012
Three Cases
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
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
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.
Sunday, November 13, 2011
I'm a Belieber
Sometimes when we don’t like certain artists we mock them for whatever reason appeals to us the most. Justin Bieber went through that exact same thing at the beginning of his career, and, let's face it, he still is. But for reasons that I still can’t come up with, I can’t help to say that I love Justin Bieber.
His story is one of fairy-tale galore. It’s one of those stories that artist managers dream of. This guy (Scooter Braun) receives an e-mail with a link to a YouTube video with a 12 year-old kid singing his heart out. And suddenly the stars aligned. He convinces them to get them to fly to Atlanta, and then the adventure began. Justin sang for Usher, who basically fell in love with the kid, as many other would as well, myself recently included.
Sometimes we mock these people because they have everything that the rest of the world would kill for. But we forget that they do have a journey as well. This kid, was literally, and in every sense of the word, born with talent. (If you still find yourself incredulous, I HIGHLY recommend watching his movie “Never Say Never”).
What interesting connection I found between the film and this month’s class (Product and Artist Management) is that and online presence is what makes and/or breaks you. In this case, it made Justin Bieber. He wasn’t even playing on the radio; instead he played one song on different radio stations across the country. But while he did that, he created himself an online personality through twitter. And on top of that he was already a very famous YouTube artist. So, its safe to say that by the 10th acoustic presentation on a radio station, he already had a following. When he started using twitter, everything just exploded. He exploded. He became a pop star.
But what we seem to forget that just because this kid suddenly came into an immensely fortunate situation, we can underestimate his hard work, and the fact that he’s so gracious with his fans. On to of that, when you have stars on the scale of Usher, Snoop Dogg, Drake, Sean Kingston, Jaden Smith, Will & Jada Smith – the list goes on, behind you, supporting you; that has got to mean something. When you have fans around the world, crying at the very sight of you, defending you from the worst critics in this business, because there are a LOT of those, THAT has got to mean something.
This kid is what I like to think of as special.
When you see this movie, you see a kid who luckily found his calling early in his life. That it is what it is, is just a pure coincidence. You see a kid, who respects his parents, his grandparents, respects the people who know more than he does (specially Mama Jan).
You see a kid who is gracious about the opportunities that he has been given. You see a kid, who loves his fans, and actually feels indebted to them. You see a kid, who has been given the world, and actually shows humility, or whatever works for a 17 year old, haha! At that age is pretty clear that we all thought that we were invincible.
So this is my praise to him. I only saw the movie for the first time last night, or this morning's more likely (I went to bed at 6:55 AM), and I can safely say this: I am a Belieber.
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