film independent blog

FIND INTERVIEW: Actor and Producer Andy Garcia of City Island (Part 1 of 2)

Thu, 11 Mar 2010 13:19:28 -0500

Director Raymond de Felitta and actor/producer Andy Garcia were brought together by their matchmaking agents at Paradigm. After their first introduction they agreed to work together on de Felitta's romantic comedy, City Island. Set in City Island, an obscure little island next to the Bronx, Garcia plays Vince Rizzo, a middle aged prison warden who secretly dreams of becoming an actor. It turns out he is not the only person in his family harboring a secret. As layers of secrets slowly reveal themselves, it becomes clear the Rizzo clan has been living in deception for years. But City Island is not a family drama; instead de Felitta wanted to give the story a light touch, with comedy and romance making it an uplifting story in the end. However well the final project turned out, it was a challenging project to initiate, plagued by difficulties in casting and funding. De Felitta chronicled his journey in a blog, moviestilldawn.blogspot.com. The cast, which includes Alan Arkin, Julianna Margulies, and Dominik García-Lorido (Andy Garcia's daughter), finally came together a few weeks before shooting was scheduled to begin. De Felitta says the film is his proudest achievement. He has enjoyed hearing how audiences connect to the film. Garcia, who was born in Cuba and grew up in Florida, says becoming a City Islander was almost second nature. As de Felitta put it--since Garcia was in The Godfather, he may as well be an Italian.

By Lorenza Muñoz

Interview with Andy Garcia:

How did you meet Raymond?

We are both repped by Paradigm and he got his script to my agent through his agent. I read the script and was very charmed by it. So we met and we hit it off. He asked me if I would want to join him in the process and produce the movie as well. It is one thing to say I like the part and tell me when you start filming and another is when you decide to get this involved in the process.

What about the film appealed so much to you that you wanted to take your involvement a step further?

I was completely smitten by it. I felt the script could reach a large audience and I knew it would attract good actors. I smelled it right away.

And you helped a great deal with the casting, correct?

Emily Mortimer and Alan Arkin are personal friends of mine. I suggested them to Raymond and he thought they would be fantastic. But you know, even if they are friends, if the material doesn't stimulate them they wouldn't do it.

But I understand that casting a few of the other actors was challenging...

Yes. Well, sometimes if you don't have a lot of money, people get other jobs and things fall out. It is not easy to put these things together.

How did you finance it?

We did pre-sales, private equity and tax incentive from the state of New York. We had to have a deferment in salaries. Bring our own lunch...

Really?

Yeah. It's funny now but...

I am not from City Island, but you seemed to capture the spirit of the working class folks who live there and yet, you are not a so-called clam digger (City Island native) or a mussel sucker (newcomers) right?

The screenplay itself captured the family so beautifully. I needed to identify with the character, with what his dreams were and his inadequacies and guilt, and I needed to find the parallels that I could tap into for that. But that is my path with any part. That is one level of it and the emotional center of the character. The other aspect is technical. What does he look like? What does he sound like? I broke it down with a dialect coach but the sound of the Bronx is not unfamiliar to me. I have lived in New York for many years. But you have to be careful because those with a discerning ear will know.

Your improv scene was very funny--I bet that was fun to do.

No doubt. That was one my favorite scenes.

How was it working with your daughter? And how do you feel about her going into showbiz?

This was our third time working together. She was great. She is a great actress. Both Dominik and Daniella have been acting since they were five. They have been training and doing theater. I have no anxieties about it. They are very well trained and very ready to go. I don't need to look out for them. They are professional. I knew it would be a difficult path to choose but I never discouraged them. I supported their dreams. I told them, 'if you want to do this then you have to prepare and study. I can only open a door but once you get in the door, you are on your own.'

Do you think there could be more films made about themes that involve Latinos or are we at a point now where a film is a film and there is no need to a movie exclusively about a particular ethnic group?

I think there are only two kinds of movies. Good movies and bad movies. I don't have to be an English patient to see The English Patient. I think studios tend to marginalize stories about certain ethnic groups. I don't have to have been a product of the Holocaust to appreciate Schindler's List. If the movie has resonance you can market it as a great movie. I don't like to hyphenate films or actors. I don't like hyphenation at all.

You co-wrote the movie, Hemingway and Fuentes, with Hilary Hemingway, the author's niece, how was that?

I have been thinking about that story for many, many years. Fishing is part of my life and having gotten to know some of the people from Cuba who fish and who knew Fuentes, I have always had a curiosity about their story. I had a dream about making a movie based on the last years of Hemingway's life but then I was side tracked by The Lost City. When I cleared my plate, I started writing the story.

You have said you won't return to Cuba while it's still a dictatorship, so where will you be filming Hemingway and Fuentes?

It will be Puerto Rico and the Dominican Republic, where I shot The Lost City. But the exact location is yet to be determined.

Is it harder to make independent films today than it ever was?

Yes. It is harder than it has ever been. You used to raise money on a poster without a script. It is much, much tougher now. The pre-sale market is very weak, the state of the world economy doesn't help and studios are into a particular style of movies. The studio movies of the 70s would be independent movies now.

At one point in your career, you were not working at all--how did you keep your dream alive?

I think that part of the struggle that creeps into your life is to find a way to break through the door. It is like a cloud that hangs over your head when you are not moving forward at the pace you would like to be moving forward in. You want to be making a living at the thing that you love to do, not as a waiter, mover, or driving trucks. There are tremendous pressures that loom over you. That pressure weeds some people out of it. Other people wear it on. The light is very invigorating. And once you see it, it re-energizes you.

Be sure to join us at the FIND Film Series screening of City Island on Thursday, March 18.

Before joining Film Independent, Lorenza Muñoz was a staff writer with the Los Angeles Times. For 14 years at the paper she covered news, politics, business, and entertainment. She recently completed her first novel, The Weight of Flight.

LEGAL EASE: Can I take details from a non-fiction book without worrying about copyright?

maint — Tue, 09 Mar 2010 19:23:18 -0500

Q: Let's say I'm writing a script for a film on the life of Mister X, a public, historical figure. In the process of doing my research, I run into interesting details about the life of Mister X in a non-fiction book (let's call the book The Real Life of Mister X), and I want to use some of these details for my story. Do I need to contact the writer of The Real Life of Mister X and ask for his permission?

A: You'll be happy to know that facts are not protected by copyright. I'm the only entertainment lawyer to climb Everest. That's a fact. But it's not protected by copyright. You can use it in your script, free of charge and without my permission. The interesting details you discovered about Mr. X are nothing but facts about him that you can freely use.

I don't know Mr. X well, but let's say he was a famous orthodox rabbi and you unearthed the fact that Mr. X had a flowery tattoo on his chest that read: "Don't **** with Mr. X." (This is a blog for the whole family, and many of our readers are very young children, including pre-schoolers, so pardon a bit of censorship.) That's a very interesting detail (particularly under the circumstances, including orthodox Judaism's ban on tattoos), and it's also a fact about Mr. X that you can (and really should) freely use in your script. In fact, you should use it as the working title of your script.

In a little legal aside, if Mr. X actually had this tattoo, the tattoo itself might be protected by copyright, just like any other artwork. So if you wanted to replicate the tattoo in the film, that could be a copyright problem. But of course, you could simply create a different artwork with the same text to avoid any possible copyright problems.

So facts are not copyrightable. Barbara Roberts is Barbie's full name. President Obama is the 44th president, but only 42 men had been president before him. Israeli stamps use kosher glue. These are all important facts, and you can use them freely.

What you can't use freely, however, is the expression of facts. Let's say I wrote a poem (as I have) about Barbara Roberts learning about the misnumbering of U.S. presidents while visiting Israel and sending a letter home about it using a kosher stamp. While you can use all the facts from my poem, you cannot use the poem itself. Similarly, while you can use the details about Mr. X from The Real Life of Mister X, you can't copy the way these facts are actually expressed in the book.

But here is another thing to be careful about. Just because it's in some book doesn't mean it's true. For all I know, The Real Life of Mister X is full of lies, untruths, fabrications, distortions, and typos. Mr. X might very well be Howard Hughes, and The Real Life of Mister X might very well be Clifford Irving's fake autobiography about him. Interestingly, and potentially painfully relevant to what you're doing, fabricated "facts" are not real facts, and they might be protected by copyright precisely because they are not facts. In other words, fabricated "facts" (or, as some vulgarly refer to them, lies) are fiction. Truth can be stranger than fiction. But fiction is protected by copyright; truth is not.

Of course, copyright would not protect small fabricated "facts" - for example, if the author of the book fabricated Mr. X's height and you used that "fact," you probably wouldn't have copyright issues. But if the author of the book fabricated an entire chapter of Mr. X's life - for example, he fabricated a long, torrid series of affairs Mr. X had with his dentist's wife, sister, and daughters, and you used the details of these affairs, you might be infringing the author's copyright.

By the way, all of this assumes that Mr. X is dead. Of course, if he is not dead yet, you also need to worry about not defaming him. Truth is an absolute defense to defamation. So if you use facts about Mr. X, defamation is not a problem. But if you use fabricated "facts," defamation is a possibility; defamation is more than just a lie about someone - for example, except in some unique circumstances, lying about someone's shoe size - saying it's 10.5, not 10 - is not defamation, even though it is a lie (but this is a subject for an entirely different blog). And just because you're repeating what you read in some book doesn't get you off the hook on defamation, either - repeating a defamatory statement is still defamation.

Finally, if you use sources to write your script, it's important to keep good records so you can create an annotated version of the script indicating what was used and from which source. This would be important if a potential financier, for example, wanted to evaluate the legal risks for himself.

LEGAL EASE is FIND's weekly advice column on legal matters pertaining to the entertainment industry. To see other LEGAL EASE columns please click here. If you have a question for our lawyers, Jesse and Matt, please send them to Folayo at FLasaki@FilmIndependent.org

© 2008 Greenberg Glusker Fields Claman & Machtinger LLP (“Greenberg Glusker”). All rights reserved. This Blog contains information of a general nature that is not intended to be legal advice and should not be considered or relied on as legal advice. Any reader of this Blog who has legal matters involving information addressed in this Blog should consult with an experienced entertainment attorney. This Blog does not create an attorney-client relationship with any reader of this Blog. Greenberg Glusker does not represent or warrant that this Blog contains information that is true or accurate in all respects or that is the most current or complete information on the subject matter covered.

Matt Galsor and Jesse Saivar are attorneys in the entertainment transactional department of Greenberg Glusker Fields Claman & Machtinger LLP.

FIND Interview: writer and director Tina Mabry and producer Morgan Stiff of MISSISSIPPI DAMNED

Wed, 03 Mar 2010 19:47:03 -0500

Writer/director Tina Mabry and producer Morgan Stiff met in 2003 at USC School of Film and Television's graduate program. Although Mabry had been thinking of going to law school, she changed her mind after watching Gina Prince-Bythewood's Love & Basketball and Kimberly Peirce's Boys Don't Cry. Stiff, who was a dramatic writing major at NYU, also opted for film and television when she realized most of the audience she wanted to reach were not avid theater-goers. Their first feature film, Mississippi Damned, is Mabry's semi-autobiographical tale about a deeply dysfunctional family that, despite all of their hardships, somehow seem to survive and find strength in each other. The film was such a passion project that Stiff and Mabry financed it themselves. Graduates of Film Independent's Project: Involve, Directors Lab, and Producers Lab, both Mabry and Stiff say they are deeply gratified by Film Independent's support and guidance. Although Mississippi Damned has yet to find a distributor, the pair have not lost hope and determined to find a home for their movie.

By Lorenza Muñoz

The film is based on a true story--which happens to be yours. Tell me about that...

TINA: I always had the idea to put some of the things that happened to me on paper. But I had to talk to my family and see if they would be ok with it. And even though they were, I had to make sure that I could do it. I made the decision that I was, and writing this film made it easier for me to cope with it and not have any shame associated with it. It is why I am who I am today.

MORGAN: From the reactions we have seen from people as we travel around with the film, it frees people to speak. It helps other people not feel alone. At Outfest, a woman stood up and said 'this is my story.' She had been molested and she said it in front of all these people.

How did you convince your family to allow you to put this out there for everyone to see?

TINA: When we knew we were going into production we told them that we were going to shoot it. I took it home with me at Christmas and we sat down and watched it. I wanted them to enjoy it and be engaged and from a personal level, I wanted to see it on screen. We had some tears and some laughter and it was great. At the end they really enjoyed the film and felt it was authentic.

How did you two meet?

MORGAN: We met at USC Film School. We worked on Tina's short Brooklyn's Bridge to Jordan and from there we started a production company. Mississippi Damned is the first film that we have released as a company.

But the film has not found a distributor yet, right?

MORGAN: It doesn't have a star so when you are talking about a black drama without a star in it then it becomes a challenge. We do believe there is a home for the film. When you are looking at black cinema there is not a lot of opportunity for blacks to showcase their talent. How do we recognize the new talent that will take the place of Denzel Washington and Will Smith?

How was your first experience as a feature film director?

TINA: There is always a certain level of fear. But then you break it down to the mechanics and being able to work with actors and bring out performances. The most challenging thing about doing this project was the personal thing. I recorded conversations with my family members so the actors could hear their voices. We didn't have the money for a vocal coach! It helped them to connect to the characters and understanding the background. We didn't get much rehearsal time. We cast the right people and that was a really big thing.

MORGAN: Tina is great at developing a language to communicate with the crew as well. We shot this in 21 ½ days. We had a tornado on the first day. There is a lot of prep time involved and she was able to communicate ahead of time to get things to run smoothly.

So who financed the film?

MORGAN: I took the film to the Producers Lab at Film Independent at the AFM. I pitched it and they loved it but they said 'Oh, it's great but you will need Beyonce as your lead.' We cut our budget to a quarter of what it was. We had to get creative about how we made it. So we funded it through loans-we funded it ourselves--which no one should ever have to do. But it was such a personal story that we wanted it done in a certain way and we wanted it done right.

TINA: This was not something I wanted someone else to direct. I wanted to get the intricate details of the life and the time period and I don't know that someone else would have gotten that. We got a great grant through Film Independent and Kodak and that helped us tremendously in the budgeting.

In what other ways has Film Independent helped your careers?

MORGAN: For me, the most valuable thing I got from Film Independent was the Producers Lab. We had Ram Bergman as a producer and he said 'this is your passion project...do what you need to do to make this happen.' We took none of the money out of the budget to pay ourselves. We paid everyone the same amount. When you show the crew and the cast how grateful you are they really appreciate it. And by paying everyone the same it limited the ego.

TINA: Film Independent has been helping us a long time. They have been instrumental in shaping who we are as filmmakers.

MORGAN: To this day it continues to be a great resource for us and of community support for us.

What are you working on now besides finding a distributor for Mississippi Damned?

MORGAN: I am an editor and Tina is developing a new script, and we are pitching TV show ideas.

TINA: I am working on County Line, a suspense film. But I just finished writing a supernatural thriller for a British director. I like to mix it up.

Join us at the Project:Involve screening of Mississippi Damned on Wednesday, March 10.

INDIE FILM Q & A WITH HEIDI VAN LIER: Am I a douche if I ask for a fee waiver from film festivals?

Fri, 26 Feb 2010 18:04:42 -0500

A: Unfortunately, yep, even though I know you don't mean to be, it is a little douchey, and here's why: the festivals are basically broke in the off season, so when you call them and say, "Hey, can I get this for free?" you're basically saying, "Hey, I don't think you deserve to get paid," and, "Hey, I don't think your festival is worth the fee that you're asking." Both explanations would have the festivals asking why exactly they would want you at their festival to begin with. Sure, if you know someone at the festival (very well), you might feel comfortable asking them. But also understand when they say no. Slamdance has made me pay every year I've submitted to them, even after I won, by the way, and they still do.

Here are some other douchey things to avoid when submitting to film festivals during the rest of the 2010 season. (And I know I'm repeating myself a little here, but I think some of it needs to be repeated.)

Calling the festival more than twice to ask questions, even if you have some.
Emailing the festival more than twice to ask questions, even if you have some.
Sending gifts to the smaller festival that you want to get into is cool, but it's douchey if you think it's going to actually get you in.
Getting mad at the festival for not responding to you during the programming months. Um, they're busy watching your film; leave them alone so they have a chance to actually like it.
Sending in 800 copies of your film. Most of them are thrown away, unfortunately, as they already know your film is there, and they don't need any more copies.
Asking for a reason why you didn't make it into any given festival can be pretty douchey, especially if you get upset when they don't have an answer. Frankly, they normally don't have one, as it comes down to numbers in the end. No one can explain exactly why other people assigned a certain score to your film, it just happened that way.
Making a snazzy cover for your DVD may look cool to you, not so much to programmers who have to see it. Statistically speaking, a DVD box that has a scrap piece of paper with the title scribbled out on it just has a better film in it than a DVD box with crazy cover art. Luckily, for bigger festivals, they'll never even see your box anyway, but better to just play it low-key.
Giant press kits, trailers, commercials, and DVD extras really don't need to be included. Usually no one sees them anyway during the first stages of the process, but if they do see you've gone overboard, it can't really help in the end - especially if there's not much press-worthy info to go overboard about.
Telling people you've gotten into a festival because you know a programmer or two never goes the way you want it to.
Showing up at the festival office and asking to speak to a programmer always ends with there suddenly not being any programmers in the office. There's nothing they can do to help you until you've actually gotten into the festival; wait until then to bug them. (I'm mostly speaking to myself here, as I usually know who all the programmers are at festivals and still magically don't get accepted.)

Sprirt Awards just seven days away! Don't forget to tune in next Friday!

Also, there's a super cool educational series coming up at Film Independent, in March, that we all need to attend! Stu Pollard is teaching the Indie Film Business Plan Primer and you need it as much as I do. Here's the link http://filmindependent.org/node/2366 - see you there!

Please send all your questions to heidi@indiefilmrulebook.com. If I can, I will try and answer them in this blog. Otherwise, buy my book (www.lulu.com/indiefilmrulebook) and once you've read it you can use your email access to send me more questions that I will answer in a private email.

www.twitter.com/heidivanlier

Heidi Van Lier is an indie filmmaker living in Los Angeles. She has made 3 feature films, "Chi Girl" which won the Grand Jury Prize at the Slamdance Film Festival, "Monday" which screened as a special screening at the Slamdance Film Festival, and "American Decaf" which will make the festival rounds soon and she is currently shooting her 4^th feature, "Ice Cream Cake". Heidi now programs for the Slamdance Film Festival, produces and directs Slamdance TV (Slamdance.com click Slamdance TV), and continues to counsel 20-30 filmmakers about festival strategy every year. Her new book, The Indie Film Rule Book, is available at lulu.com and is a strategic guide for indie filmmakers. Go buy one now!

LEGAL EASE: Is there a difference between optioning to an individual versus a company?

Tue, 23 Feb 2010 14:02:44 -0500

Q: A producer is forming an LLC to produce a script I've written. He wants me to option my script to him, but I wonder if I'd be safer optioning it to the LLC. Is there a difference between optioning to an individual versus a company?

A: The answer to your question lies in the words covered by the acronym "LLC": Limited Liability Company. As you can probably guess, the producer is not forming this company to limit your liability, he's trying to limit his own.

One of the principal benefits of forming an LLC is that the principal members of that LLC can, subject to some exceptions, be shielded from personal liabilities that may arise due to the actions of the LLC. If a court finds that the LLC owes someone money, that money can only come from the assets of the LLC and not the personal assets of the principals. Therefore, while the LLC may get cleared out, the producers who formed it get to keep their faux-modern McMansions and sweet Bluetooth gear for their iPhones.

Back to your situation: this producer wants to option your script, meaning that if all goes well, you're going to be owed some real money (e.g., the purchase price and, hopefully, some backend). If you're unlucky and happen to be the first person in the history of Hollywood to get screwed out of money, would you rather go after the producer personally or the LLC? While you may think a company would have the deeper pocket, in this case, it almost certainly doesn't. This is just a cute little baby LLC that was just born; it likely has almost no assets or money, and any that it does have will be spent on costs necessary to produce the movie. Therefore, the LLC is not the ideal candidate to sue for your payments. If, on the other hand, the producer is on the hook personally, his liability for not paying you would extend to his personal assets (e.g., bank accounts, house, car, etc.). Before deciding to screw you, he may take a look at that yellow convertible in his driveway and think twice (unless, of course, it's leased like most luxury cars in Los Angeles).

Now that we've settled that, you should be optioning it to the individual, you should look to see if he's included an assignment provision in the option agreement. Since he's forming the LLC, we can assume that he's going to want the script held by the LLC eventually, which will be accomplished through an assignment. The producer may include language in his assignment provision indicating that he's essentially off the hook after it's been assigned. You don't want this. Therefore, you should require language in the assignment provision stating that an assignment will not relieve the producer of his obligations under the agreement. If he resists, you can add that he's only relieved of his obligations if he assigns the agreement to a "major or a mini-major studio or other similarly financially responsible party that assumes (the producer's) applicable executory obligations in writing." This ensures that the entity acquiring it (1) has money (that you can get your hands on if you get stiffed) and (2) is contractually obligated to pay you what you're due.

One disclaimer: please do not take this as a directive that it's always better to contract with an individual over a company. Individuals are some of my best friends. Several of them only have a few empty beer cans and an Xbox to their name. If any of them breached an agreement with you, trying to make yourself whole by going after their assets would be about as fruitless as trying to get James Cameron to remake Wendy and Lucy. The key to your situation is that the LLC is newly formed and therefore lacking any real assets. If this were a major production company, this would be a different answer.

Matt Galsor and Jesse Saivar are attorneys in the entertainment transactional department of Greenberg Glusker Fields Claman & Machtinger LLP.

INDIE FILM Q & A WITH HEIDI VAN LIER: Can we hear from an actual indie distributor about what the hell is going on out there?

Mon, 22 Feb 2010 12:45:45 -0500

A: Yep, and here's my little interview with James Eowen from 7^th Art Releasing!

HEIDI: Hi James, thanks so much for doing this! First of all, let's jump right in...I know you had some concern over the fact that neither Christian nor I managed to bring up your company's name when discussing the remaining "traditional" distributors of indie film, and I wanted to give you a chance to express why. Please explain to my readers what you found so worrisome about that, so that we can all learn from it.

JAMES:Hi Heidi. It wasn't really just my company that I was hoping would get mentioned, but an entire community of independent companies working to put incredible films out into the world. We've been distributing independent film for over 15 years with a heavy focus on documentaries, and I think we've released some pretty incredible films. My concern mainly stemmed from the fact that I want readers, which I assume are mostly filmmakers, to know that they have other options besides IFC and Magnolia. The truth is most of the thousands of films made each year won't get picked up by those companies or the studios. However, that doesn't mean that a filmmaker's only option is to self-distribute. 7^th Art was founded by filmmakers, so we truly understand the desire of filmmakers to have control over their films. I think boutique companies can offer filmmakers something different. We pick up fewer films than the larger companies, which means that we work more closely with our filmmakers throughout the life of the film. 7^th Art is also able to be much more flexible than the larger companies when it comes to releasing. We released the Sundance 2009 film Art & Copy in 60 cities for the producers. And because we don't have a giant machine that needs to be fed a huge number of films each year in order to keep going, we only work on movies we love (we are releasing the SXSW 09 Jury Prize winner 45365 in a couple months).

HEIDI: Oh, I love that film! I was on the jury that gave them a prize at Sidewalk last year. (Yep, in my blog, it all comes back to me at some point.) Can you explain a little about your company M.O.? What kind of films you look at, where you find them, which ones you end up picking up?

JAMES: We look for films and film ideas everywhere - festivals, markets, magazines, direct submissions. We also receive a fair number of referrals from filmmakers whose films we've released, lawyers, and agents. We prefer to pick up a film as close to its completion as possible - when it first premieres at a festival (or even before) and we work to get the film into festivals, theaters, semi-theatrical venues, college campuses, etc. We also represent the majority of our films for all rights (TV/Cable, VOD, digital, etc.), but for a film like New Muslim Cool, which we saw and really liked, we ended up getting involved mainly to sell the film to educational institutions and organizations. We really do look at each film on a case-by-case basis and try and decide if we can make the film successful. If we see a way to do that, we want to get involved.

HEIDI: What is a recent film that 7^th Art has picked up and released? And can you please tell us what strategy you had for that film and what kind of release it ended up having? Maybe how it was good for the filmmaker in the end, versus self-distribution and/or other companies?

JAMES: Yes, I can give you a great example. As I mentioned before, we saw Turner and Bill Ross's film, 45365, at SXSW, and I personally loved it, but we all really connected with it. It is a film that one might find difficult to fit into any niche or category as a documentary because it's not an issue film but almost homage to their hometown of Sydney, Ohio. It was their first feature-length film, and it clearly shows their significant talents. We worked to get the film into film festivals in North America and Europe. A big part of our goal with the film was just getting it and the Ross brothers as much exposure as possible, which resulted in us including the film on Snag Films' online SummerFest last summer. That was risky, but it turned out to boost the film's awareness significantly. We saw a spike in festival interest for the film, as well as theatrical exhibitors here in the U.S. We've continued this careful festival tour for the past year, and now the film is included in MoMa's Doc Fortnight before it plays in art houses. Remember this is a small film without a major hook, unless you happen to live near Sydney, Ohio. But it is a beautiful film that we find regularly connects with audiences in a powerful way. We're planning to release it on DVD and digitally this summer with cable hopefully soon to follow.

HEIDI: Yeah, it really reminded me of some documentaries from the 1970s that I have been in love with for years. I love the style and confidence and fly-on-the-wall feel of it. Lastly, is there anything that you'd like to tell indie filmmakers out there right now, with product to sell, that they might not be aware of about distribution, self-distribution, and/or your company? Or really just anything you feel would be important from your perspective?

JAMES: Yes, I want filmmakers to know that there are always options, especially as things change so rapidly in terms of distribution. We're in a period of drastic change, and I think filmmakers will find at least some distributors willing to work with them to figure out the best road forward, whether that's a traditional model or something that we come up with together. I believe that films are most successful when input and communication flows both ways between filmmakers and distributors.

Thanks, Heidi, for the chance to talk!

HEIDI: Ha, thank you, James! Really interesting to hear from the horse's mouth what's going on out there.

Okay, filmmakers! The Spirit Awards are on March 5! See you there!

**Please send all your questions to heidi@indiefilmrulebook.com. If I can, I will try and answer them in this blog. Otherwise, buy my book (www.lulu.com/indiefilmrulebook) and once you've read it you can use your email access to send me more questions that I will answer in a private email.

Heidi Van Lier is an indie filmmaker living in Los Angeles. She has made 3 feature films, "Chi Girl" which won the Grand Jury Prize at the Slamdance Film Festival, "Monday" which screened as a special screening at the Slamdance Film Festival, and "American Decaf" which will make the festival rounds soon and she is currently shooting her 4^th feature, "Ice Cream Cake". Heidi now programs for the Slamdance Film Festival, has produced and directed Slamdance TV, and continues to counsel 20-30 filmmakers about festival strategy every year. Her new book, The Indie Film Rule Book, is available at lulu.com and is a strategic guide for indie filmmakers. Go buy one now!

www.twitter.com/heidivanlier

INDIE FILM Q & A WITH HEIDI VAN LIER: I'm such a giant slacker - what should I be doing right now?!

Fri, 12 Feb 2010 14:50:12 -0500

A: I spoke at Film Independent on Tuesday and then at San Diego State University on Wednesday, and at the end of both sessions, I realized that filmmakers need to leave those panels with some direction, perhaps a list of things they should be doing right now. Even the kid sleeping in the middle of the classroom, through half of what I was saying, needs that list. Both audiences had amazing questions and understood indie to enough of a degree that we could start strategizing their specific films. I did spit out some ideas at both groups as I wrapped things up, but I thought I'd be clearer here, so everyone can benefit.

DO THIS STUFF NOW:

Read Jon Reiss' book "Think Outside the Box Office" immediately!
Go to three film festivals this year, volunteer if you can!
Meet five staff members at each festival.
Yep, of course you certainly need my book too! (I only say this because you actually do truly need it, not because I'm broke and supporting a 7-year-old - but hey, it doesn't hurt.)
Watch every indie film that came out this year, watch the commentaries if there are any.
Make a list of the films of the same genre you work in, a list of their producers, and a list of their distributors.
Memorize that crazy list.
Memorize that crazy list again.
Research all Shopping Festivals; make a list of what kind of films are selected most for each festival.
Go to every Film Independent event that you can, meet as many filmmakers at those events as possible.
Finish your feature scripts already and shut up while you're doing it. We're all working on scripts, it's a given.
Make your feature film.
Make a short if you're too afraid to make a feature.
Then make your feature anyway.
Listen to "Samm Brown's For the Record" radio show. It's really interesting stuff about film in general, and some amazingly in-depth history as well.
Submit to every contest and competition you can. There are bunches on this site right now!
Leave your cave! Meet people. Throw a rock in Los Angeles at this point, and you'll hit someone else also throwing a rock. Talk to them; rock-throwers need each other.
Start your websites. Nope, I don't have one either, but at least I know I need to get around to making one. Right?
Spend some money on indie film. Actually go see at least four indie films in the theater. Tell your non-filmmaking friends and families to go see at least two per year in the theater.
Teach yourself not to be an asshole. You'd think this doesn't need to be mentioned, but it does.
Practice not to falling asleep while Heidi Van Lier is speaking at your school.
Screen your film for everyone. Have weekly screenings at your house. Don't be afraid to invite people who can help you.
Write a blog. Even if only you and your mother read it, it will help you learn to blog, which will help you when you're promo-ing your work later.
Twitter. Follow. Tweet.
Make Facebook pages.
Get in shape. (I'm just talking to myself about this one, but it can't hurt for other out- of-shape people to hear it too.) We need to have a lot of energy to keep up with all the other filmmakers out there.
Meet editors, composers, and all other important people in post. If you don't have any connections already, call my husband, Joe Kraemer, if you're stuck with music rights. Two things are certain: He's a brilliant composer, and he loves working with indie filmmakers.
Write your next two scripts. You'll need them when you're done with your feature.
Plan on watching the Spirit Awards and get ready for the Los Angeles Film Festival!
Join Film Independent if you haven't already. I walked by the Candy Girl casting today. You could be using their casting office right now too!

Yep, I need to get on all these things too! See you at the Film Independent events!

www.twitter.com/heidivanlier

LEGAL EASE: Do I need to worry about copyright clearance for something as old as Sherlock Holmes?

maint — Thu, 11 Feb 2010 13:28:31 -0500

Q: Recently someone claimed to still own the American rights to the Sherlock Holmes stories and threatened to withhold them. What is copyright law as regards a work like this? I used a book published in 1912 by Earl Derr Biggers and made into a play by George M. Cohan in 1913 as the basis for a play of my own, specifically because I thought both would be well into the public domain. Do I need to worry about copyright clearance for something that old? Biggers died in 1933 and Cohan in 1942.

A: The material you're working with is almost as old as Clint Eastwood. To give you an idea how ancient it is - in 1912 (the year little Clint was Bar Mitzvahed), there were no federal income taxes in the United States, US Senators were appointed by state legislatures (not elected by the people), and most grandparents of this blog's readers had not been born yet. Of course, nothing this old can or should still be protected by copyright or star in movies, right?

A book or other material published (or registered for copyright) in the United States before 1923 is now in the public domain and can be freely used by anyone. Your book was published in 1913, and since it was published before 1923, it is now in the public domain. Congratulations! But don't celebrate quite yet. You need someone with the deductive powers of Sherlock Holmes to figure out the rest.

As you know, I think people think of me as a legal Sherlock Holmes, even though in my mind's eye's mirror I look like Jude Law's identical twin, not Robert Downey, Jr. While the play opened in 1913, it doesn't mean that the play was "published" or registered for copyright in 1913. It was common not to publish the text of plays back then, and often the plays were not registered for copyright. And the actual performance of the play in front of live audiences does not necessarily mean it was "published." So if the text of the play was not published and the play was not registered for copyright, then the rule that publication before 1923 means the work is now in the public domain does not apply.

And if the play was never published and never registered for copyright, the rule is that the copyright protection lasts for life of the author plus 70 years. Since George M. Cohan died in 1942, that means that his estate may still own the copyright to the play until 2012!

But I'm not done making you sweat - more potentially bad news. If the play was actually published after 1923, which is not unlikely, then the copyright protection may last even longer, depending on when the play was first published. For example, if it was first published between 1923 and 1963, the copyright will last for 95 years after first publication.

So while the book is in the public domain, it's unclear if the play is also in the public domain. Now some good news. Since the book is in the public domain, you can use it freely. And even if the play is not in the public domain, the only parts of the play that might still be protected by copyright are the parts that are original to the play and are not in the book.

For example, let's say this book is about a novelist (Anne Brown Rice) who bets she can write a best-seller in 24 hours (on average, a typical good best-seller today takes much longer to pen, about 36 hours; for comparison, this blog takes about four minutes). But the play changes the book's plot: it's about a playwright (Dan Amber) who bets he can write a four-act play in under 30 minutes. These original changes to the plot and main character in the play might be protected by copyright.

To figure out if the play is still protected by copyright, you'd need to order a copyright search report and have it reviewed carefully by a good copyright lawyer. Without knowing more (e.g., if and when the play was published, if it was published, whether all the formalities were complied with (proper copyright notice, etc.)), it's impossible to know if the play is in the public domain.

Finally, another thing to keep in mind. Many movies have been made based on this book (as I happen to know). At least some of these movies are still probably protected by copyright. While you can use the book, you can't use any original elements of the movies that are still protected (just like if the play is still protected by copyright, you can't use original elements of the play).

The bottom line: Just because Clint Eastwood has already passed into the public domain (on the same day as Don Quixote, coincidentally), not everything almost as ancient is also in the public domain.

Matt Galsor and Jesse Saivar are attorneys in the entertainment transactional department of Greenberg Glusker Fields Claman & Machtinger LLP.

INDIE FILM Q & A with Heidi Van Lier: Who is Christian Gaines and what is he doing now that you need to know about?

Wed, 10 Feb 2010 18:13:19 -0500

A: Just before I left for Park City I spoke on a panel at AFI about indie film and festivals and the process of submitting films to festivals. The ultra-cool Christian Gaines was also on that panel and he had plenty of amazing info, and some very eye-opening ideas about the future of indie film and what the hell we have all been doing wrong.

I decided you all needed to know about him, as he has been around for years and a big part of the ruling class that has shaped the way things are today. Plus his current job and position in the industry will help to shape where we are all headed.

HEIDI: Hi Christian! Thank you so much for doing this! I think my readers will really get a lot out of what you're up to and I'm so glad we had a chance to meet the other week. First, could you tell me all your credits and all that stuff and I can list it all for my readers. I know you...Did you start at Sundance originally...?

CHRISTIAN: No, actually I started off working at the American Pavilion at the Cannes Film Festival. I was one of the original founders and I was its Administrating Director for 7 years in the 80s. And then I went to work for the Sundance Film Festival in 1994. But before that, between ‘90 and 94 I was going back and forth between Hawaii and Cannes as kind of a film programmer and Administrator for the Hawaii Film Fest, but part time. After that I was a programmer at Sundance from '94-'96, and then from '96-‘2000 I went back to the Hawaii Film Festival as their Director. In 2000 went to AFI til 2008. Mostly ran the AFI Fest, but also ran year-round programming at Arclight and helped launch Silverdocs. I was instrumental in the negotiations to launch the AFI Dallas Film Festival's 3 year deal. And now I work for WITHOUTABOX since IMDB purchased them two years ago.

And since I've been there withoutbox has been in the process of being integrated more and more into what IMDB is doing.

HEIDI: My husband did the score for the documentary Offical Rejection, how is that working, seemed like the distribution deal was through withoutabox.

CHRISTIAN: That is through createspace and AMAZON VIDEO ON DEMAND which is an amazon.com company, and IMDB is also an amazon.com company...so we have been promoting Official Rejection because it is a film that would have a direct appeal to the filmmakers on withoutabox. We don't actually do the distribution part of that but it has worked out well for that film.

HEID: Do you want to talk a little bit about what withoutabox is launching right now...

CHRISTIAN: Sure, Withoutabox continues to run its business, which is a film festival submissions business for film festivals and filmmakers. In 2002 it started to accept submissions. There are almost 300,000 filmmakers using the system now, at a rate of about 4000-6000 a month. There are 800 film festivals on the system and more joining all the time. It is free to filmmakers to use and you don't have to submit the same info to film festivals over and over again. My role is to invite so-called top tier festivals to utilize the system. We do that in a variety of different ways. We're moving further internationally and we continue to innovate including the recent addition of online screeners and the streaming of screeners entirely over the internet.

HEIDI: Does the film festival or filmmaker get to decide how to use that part of it - the online submissions streaming? Who determines if they can use that format to submit?

CHRISTIAN: The film festival just has to be set up to do that, and they just need to ask to be set up. It's very easy.

HEIDI: Do you feel like most of the major film festivals are doing this already or is this just emerging?

CHRISTIAN: We just launched it at the end of last year. I know that Seattle and Gen Art are already using it, and quite a few others.

HEIDI: Yeah, I think this is so great and something filmmakers really need to be aware of, as it will cut their costs way down when submitting films. If you can just send it over the internet you're not paying shipping costs and the hassle of boxing and all that...

CHRISTIAN: Definitely. It is very convenient, more economical, and more environmentally friendly.

HEIDI: Just out of curiosity...At some point do you feel like the streaming of films to festivals will somehow turn into its own distribution? Is that where it's headed or is this just a very specific way of using the internet for submissions? At some point will IMDB expand that into actual distribution?

CHRISTIAN: Well, we have conversations all the time about nontraditional distribution, about when a filmmaker uploads their film, even though the screeners are hidden on the system they have a lot of options available to them. Whether it's eventually having their film available on their title page or utilizing platforms on AMAZON VIDEO ON DEMAND or CREATESPACE. As a company we are already tied into the distribution world with video on demand and all that. Obviously, with everything that we do we are thinking about those kinds of things. And film festivals themselves are really the ultimate kind of nontraditional distribution, WITHOUTABOX is kind of right in the middle of all of that.

HEIDI : When we were on the AFI panel you were talking about the "5 indie distribution companies", who were you including in that 5 exactly? You said "you can count them on one hand"...Companies that were using the traditional models of indie distribution?

CHRISTIAN: Strand, IFC, Magnolia, Interscope, Roadside Attractions, whatever studios are still acquiring indie films. Fox Searchlight, Sony Pictures Classics, and a few others.

HEIDI: The funny thing is that from my standpoint as a filmmaker, the only two that I would think would pay any attention to me would be Magnolia and IFC, sure Searchlight would take a look, and Sony Pictures Classics. But because I don't have indie A-list actors, the distribution world really does just consist of those two companies, realistically. Self-distribution seems to be much more of a reality for the filmmakers who are using daddy's credit cards and uncle bill's trust fund, and those two seem to have a model in place that can actually handle truly indie film.

CHRISTIAN: Look, even if you hate the idea of self-distribution, you are foolish not to research and learn everything you can about it, understand it and keep up with it. That includes everyone making films right now. You may make a film one year you would prefer not to distribute by yourself and you will make another film that you will absolutely want to. Look at Steven Soderbergh and all the different kinds of films he makes and the different ways he distributes them.

HEIDI: That's a good point, what films do you think filmmakers should be following to learn from and about self-distribution these days?

CHRISTIAN: We are at the very very very beginning of this world. And nontraditional and AMAZON VIDEO ON DEMAND has just begun. The rate of adoption by consumers right now is miniscule, only a few percent of people who buy DVDs even experiment with AMAZON VIDEO ON DEMAND right now. While adoption is increasing very fast, doubled from 2008-2009, and will quadruple by 2011. And you will increasingly see the new dotcoms being able to be loaded onto set-top boxes and blue ray players. But even films that have been successful in those arenas have not actually made a whole lot of money. But that doesn't mean the filmmakers even regretted self-distribution. The good thing about self- distribution is you get a percentage from the very first unit sold. You can think of something relatively high profile like Girlfriend Experience and that did very well on-line and it made quite a bit of money.

HEIDI: Is there anything that you would like to convey to filmmakers out there dealing with all of this right now that you see them mistakenly doing and would like to tell them to STOP IMMEDIATELY?

Christian: Well, you know, I suppose the biggest mistake is filmmakers buying into this mythology of instant success. Like the idea of getting into Sundance and that fame and fortune will quickly follow. Those movies are the exceptions rather than the rules. And filmmakers find themselves incredibly crushed by having unrealistic expectations. I think filmmakers just need to think of themselves as filmmakers in the long run, and to take the long view. You're far more likely to become successful if you become a good filmmaker. And you're only likely to become a good filmmaker if you learn your craft, and the film business. I don't mean to sound like someone's dad, but do you think that...and I'm not saying that people should be less enthusiastic, but I am saying the mistake that people make is that they believe the time between when they think of themselves as a filmmaker and the time that they think they should be successful is about 1 second. I think film festivals and the circuit are a great place for filmmakers to improve their craft and get feedback and learn more about the film they made form a third-party perspective. It is important to look at other people's films and gain knowledge , and to start a film network of other filmmakers who can help them along the way.

I guess that's, yeah, what I have to say about that.

***

Well, I think you're right, Christian! Let's all follow what Christian Gaines is up to from here on out, as whatever it is we are all going to need to use it or learn about it to make sure we get the best opportunities for ourselves and our films!

Thanks again, Christian. Now what's your address so I can get feedback from you about my film?

And that's right, my new updated Film Festival version of my book is finally available for half the price of the original. Check it out if you have a minute, essential reading for people doing film festivals in 2010, The Indie Film Rule Book: Film Festival Rules, www.lulu.com/indiefilmrulebook .

www.twitter.com/heidivanlier

INDIE FILM Q & A with Heidi Van Lier: Was Park City lame or rad this year?

maint — Wed, 27 Jan 2010 12:54:36 -0500

A: I just got back from my whirlwind Park City adventure with my seven-year-old filmmaker daughter. I need some downtime to process, but thought I'd share what I did and didn't see this weekend with you ASAP.

1. The Slamdance $99 screening was a blast, as usual!

2. I may have pulled the 7-year-old off the Q & A a bit early because I sensed it was about to turn into her asking the audience questions rather than the other way around.

3. Snow sucks, but it's pretty.

4. Fifteen hours of driving from LA in two blizzards with my producer, Joy Saez, sounds like fun until you realize it's 15 hours of driving in two blizzards.

5. Indie Film is not dead, it's just looking for employment.

6. Women in Film is an amazing organization and I have no idea why I didn't join 20 years ago. Lucy Webb hosted an incredibly inspiring and thought-provoking panel of women filmmakers. All girls must join ASAP! (www.wif.org )

7. The Sundance/Slamdance Sled-Off is still scary, having that cliff at the end like that, but luckily no one was injured this year. (footage at Slamdance.com)

8. Film Independent throws some good-ass parties, and I'm still depressed I had to miss humiliating myself at the one this year.

9. Christian Gaines from IMDB is super cool; I was on a panel with him at AFI last week, and my buddying-up to him doesn't seem to be working very well. Couldn't even find him in Park City, although there were rumors he was everywhere.

10. Sold a bunch of books, even left some at Dolley's Books on Main Street, for great new filmmakers to work with me on their projects; I can't wait.

11. Finally met Zak Forsman, who was working with Filmmaker Magazine. You have to read his blog; he's awesome. (www.zakforsman.com)

12. I ran into Lynn Shelton in the Slamdance hall. I tried to explain who she was to the seven-year-old filmmaker, but since the seven-year-old filmmaker hasn't seen Humpday, it was a little difficult. Um, can I please have her life now, someone?

13. I saw Elvis Mitchell on the street. Twice. Once smoking a cigar. He doesn't like when I blog about him, so I try to as often as possible. ;)

14. There's less marketing going on than in past years. No yelling sidewalkers, no fliers, no fistfights over postering. Where are the rebels of 10 years ago? What happened to the frenzied chaos? What happened to guest lists and impossible to get-into parties? What happened to Troma Girls and stunts? Can someone come up with a fantastic marketing plan for next year please, just so I have something crazy to blog about?

15. Seven-year-olds can eat snow all day.

16. The Eating Establishment next door to Slamdance Headquarters still rocks the beer bread.

17. I ran into Tim Knapp from Technicolor and Michael Zakula from Kodak as they were handing out grants. Get to know these guys; you need them. Also Diane Upson, but she was MIA at the time.

18. When your two-wheel drive Ford Escape Hybrid is stuck in the ice, it takes four men and three Park City cops to get you out. Plus an hour and 10 minutes.

19. Even seven-year-olds like to be interviewed on the red carpet.

20. Alcohol and altitude are still a very bad combination and will make you hit on people wearing fur.

21. You can watch the SAG Awards one night and then go to a party the next night and see half the actors nominated shaking snow out of their boots in doorways 800 miles away.

22. I wish I could've stayed for Jordan Brady's new doc I am Comic on January 27!

23. A new crop of indie distribution experts have popped up, even though they are very experienced, and they actually seem to have some good ideas. Check out Jon Reiss and Peter Broderick on the Sundance podcasts and a great New York Times article from last week.

24. Park City continues to party, but I'll see you all next year!!

MEMBER ALERT!!! I'm speaking at Film Independent for a Filmmaker Tuesday, February 9, for all members! Come on out, let's strategize your film!