Infringement of Intellectual Property-Screenplays

Intellectual Property (IP) refers to "creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce," according to www.wipo.int. IP is what's considered in court cases involving infringement. This blog post focuses on court cases in which the intellectual property in question are screenplays.

In the case Benay v. Warner Bros. Entm’t Inc., the brothers Aaron and Matthew Benay sued Warner Bros. for copyright infringement and breach of contract. They claim that they wrote and copyrighted a screenplay entitled The Last Samurai that has striking similarities to the Warner Bros. version of The Last Samurai.  The Benays argued that filmmakers copied this screenplay without consent. The claims were granted in favor of the defendants but the Benay brothers won the breach of contract claim when they appealed. 

http://iplaw.hllaw.com/2010/06/articles/copyright/breach-of-contract-claim-for-alleged-use-of-screenplay-without-permission-survives-despite-dismissal-of-copyright-infringement-claim/

A similar case, A Slice of Pie Productions, LLC v. Wayans Brothers Entertainment was a suit filed against Wayans Brothers in regards to the movie White Chicks. A Slice of Pie Productions, LLC wrote a screenplay called Johnny Bronx where an African American FBI agent uses modern technology to become a white Italian in order to infiltrate the mob. The lawsuit alleges that the movie White Chicks is substantially similar to the screenplay Johnny Bronx which was submitted to a Wayans Brothers Entertainment agent.

http://ct.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%2FFDCT%2FDCT%2F2006%2F20060728_0000378.DCT.htm/qx

The last example is a case between Sophia Stewart and the creators of The Matrix. Although it’s believed that she won her case against the Wachowski Brothers, Joel Silver and Warner Bros., there are several articles stating that she didn’t win anything. There is little information about this case, because of the small amount of publicity and the large amount of inaccurate details that were published. What is known is that she sued them for copyright infringement stating that the movie The Matrix and it’s sequels were based off of her work called The Third Eye.

http://www.snopes.com/politics/business/matrix.asp

One thing that I noticed from researching each of these cases is the use of the phrase "substantial similarity." This is the standard used by the court system to determine wether or not intellectual property was an original piece of work or a copy. It seems to me that this would be difficult to determine in most instances. It is easier for a plaintiff to prove their case if there is some type of evidence that the accused party received or viewed a copy of the work. There was proof in the case against Wayans Brothers that a copy of Johnny Bronx had been sent to them. In these cases it's easier to prove infringement. There may be cases in which two people just so happen to come up with very similar ideas. It's not unlikely, especially in the horror genre of movies. So kids, the moral of the story is 1. Always copyright your work, 2. Keep records to prove where you sent it, and 3. Don't send it to Warner Bros. or Wayans Brothers because they'll steal it! 

Media Troubles: Rap Music

Today's media is God. What I mean by this is that the people in positions of influence are put on a pedistal and young fans worship them. They hang pictures on the wall and quote lines of songs like they were bible verses. The amount of influence that certain industry individuals has is not only tremendous, it is dangerous. I will give a few examples of how the negative influence in the industry has become common place and acceptable.

Everyone knows that the genre of hip hop is controversial, because it started out that way from the very beginning. Originally being from an urban or "ghetto" environment if you will, has allowed me to see first hand the type of behavior that is encouraged because of this music. I am originally from New Orleans, Louisiana. Growing up, some of the mainstream rappers from New Orleans were Lil Wayne, the rest of the Hot Boys, Mystical, and those of No Limit Records. These people encouraged criminal activity not only in music but in interviews and other media as well. As New Orleans rappers made their way to the top of the charts so did the crime rate. From the drugs to the murder, crime in New Orleans became so commonplace that it wasn't even a big deal. Before I reached the age of 21, I knew several people who were dead or in jail. This is because this type of behavior is encouraged and expected. Another trend, on a less negative level, that emerged from the popular hip hop culture in New Orleans was the term bling-bling. It came from a song called Bling Bling that was done by the Hot Boys. It's said that young Lil Wayne was the one who created the term.

I decided to give this example in New Orleans because that's where I experience the culture that goes along with hip hop first hand. It's true that the media industry cannot be fully blamed for the crime that goes on, but to say that rap music and the criminal activities of these urban environments are not intertwined would be foolish. The murders dress like the rappers, respect the rappers, and pretty much worship the rappers. Everyone that I knew personally that was involved in criminal activity including drug dealers, murders, and robbers were living representations of what rap music is all about.  

Another thing that has become acceptable, especially in black communities, is the use of the degrading terminology when referring to females. The b-word has become almost equivalent to a synonym for the world "female." Girl, woman, female, and b**** all mean the same thing to most of the youth. I can't tell you how many times I've been called the b-word and it wasn't even being used as an insult. I've heard, "That b**** is fine!" and "What's that b**** over there doing?" It's crazy, and I'm more insulted when it's used by a complete stranger or someone who it just specifying my gender, than when the person is calling me that out of anger or because they don't like me.

The rap genre is responsible for some of the self-esteem issues that young black women deal with. There is pressure on women to dress and act in a degrading way. There is also pressure on how we should look, and which females are most attractive. If a young preteen girl turns on BET everyday and sees the same type of slutty, half-dressed female gaining male attention then she is going to want to replicate that. This is because humans have a natural need of acceptance, and let's face it, every female wants to feel attractive. I believe this is true for females of all races, in all forms of media, but rap coincides more specifically with black girls.

There are many other issues that can be addressed when it comes to the rap culture and the influence of media in general. The statement that I would like to leave readers with today is, "Media has become the new God." If not media in general, then the people put in positions of influence. If not, then why do people chant Hova (short for Jehovah) at Jay-Z concerts with hands raised in the air?  

Software Review: After Effects

Many of you talented filmmakers have all kinds of cool postproduction techniques. As a postproduction/motion graphics editor, I understand how it can be difficult sometimes as a filmmaker to find and learn how to use the best software out there. I've had to work on projects using Final Cut Pro, Avid, Live Type, After Effects, and even iMovie for those last minute edits. Even though experimenting with new software can be intimidating at times, I want to encourage you guys to try some simple techniques with After Effects that can really improve your quality of work.

One simple technique that can be easily learned in After Effects is to use the background presets as intros and outros for videos. With a few adjustments in the effects panel, you can customize the preset to make it unique and original. By changing the color, speed of movement, and the other options they offer based on which preset you select, you can have a brand new background for a title opening or wherever you may need it.

Another simple technique that's really fun and impressive is a track matte. This is when footage or a background is only shown inside of a particular shape. For example, I usually use the track matte technique with text. I may have the words "Destiny Summer Camp" and footage of children playing at the camp will appear only inside of the letters. To do this in After Effects put the footage layer underneath the text layer. You may have to press the toggle switches button at the bottom if you do not see the track matte option next to the layer name. Then on the footage layer, select the track matte technique that you would like to use and it will track matte the layer directly above it.

The last technique I will discuss is called a freeze frame. This is one of my favorite techniques to use. To have footage playing and have it  suddenly "pause" can be pretty exciting for an audience to watch if it's done correctly. In order to do this successfully, pick the frame on the time line that you want your footage to freeze. Use the keyframes adjust the opacity by hitting the stopwatch with the Current Time Indicator (the red line) on the frame right before you want it to freeze. Then put a key frame (press the little yellow diamond next to the stopwatch) on the frame where you want it to freeze. Double click the key frame and change the opacity to zero. Then bring the same footage to a layer right beneath it, select it, and select Layer > Time > Freeze Frame. Make sure your Current Time Indicator is on the frame where you want it to freeze (The same frame where the opacity of the footage is zero). Now when you preview your composition the footage will suddenly stop on the selected frame! It will continue to be frozen until the end of the footage time or the end of the time line so make sure to adjust the length. Hope you guys can use these fun effects!

Interview with James Hunter

My interview with James Hunter was very insightful. He recently produced a short film called “Juxed” with a budget of about 50,000 dollars. This film featured the big name actors Sean Nelson and Duane Finley. They appeared together in the movie The Wood. He also used music from Babs from Making the Band 2. I learned a lot from my interview with him. One of the most important aspects of getting a film accomplished is networking. He conveyed that having important connections is crucial in this business. He actually was able to get the actors Sean Nelson and Duane Finley to participate in this film because Sean Nelson was a friend of a friend.

Sean Nelson proposed that he should become a coproducer of this movie with him. James asked him, “Well what do you have to bring to the table?” Because of all the industry connections and funding sources that Sean Nelson had, James agreed. I asked him how a film like this typically gets funded. He said the way to do it is to contact investors. The people who will typically invest are those who know you and will do it as a favor. He also discussed the importance of having a thorough prospectus.

In order for James to get the publicity he needs for this story to be turned into a feature film, he plans on entering it into the American Black Film Festival and the Peachtree Village International Film Festival. Entering into these contests allows people in the industry to see the film, including Samuel Jackson. If the person wins, they may get the funding to turn their project into a feature film.

There are two main challenges that James described to me in any type of project likes this. The challenges are scheduling and budgeting. He said that it is very difficult to have all the crew and cast that’s needed to be there at the same time. Just this issue alone causes production to cost more money. He said that all movies go over budget. Advertising for a feature film is usually 1.5 million at least. 

James has a lot of ambition and more importantly he has confidence. He said he wasn’t intimidated to be working with and directing big name actors. He also understood, however, that now that he’s in this position that he has to do everything in his power to take full advantage of the opportunity. For him to come right out of college and begin to take steps this big was very inspiring to me. I feel like I can do the same thing because I have the same resources available. 

Daddy Warbucks?

Some people may think that it takes talent, hard work, and determination to become a successful movie star.  This is true. In some cases however, all it takes is the right connections and cold, hard cash. Will Smith is buying the movie Annie, so that he may remake it with little Willow Smith in the leading roll as Annie. When most parents buy a movie for their kids, they make a trip to Wal-Mart and pick up a DVD. That’s not how it works Smith-style. I must say that just because her father is Will Smith and is pretty much giving her the “hook-up,” that doesn’t necessarily mean that she is not hard working and talented. As many of you know, Willow was recently signed as a musical artist to Roc-A-Fella Records, which was founded by Jay-Z. Most young people are familiar with her hit single Whip My Hair. There are also rumors that multi-millionaire Jay-Z may have something to do with the musical score in the movie. 

Will Smith is hoping to work with Sony for Willow’s movie. The Sony film Karate Kid was a great success with her brother Jaden Smith as the star. Willow is definitely someone to watch out for in the film industry as a potential up and coming movie star. We’ll see how far her first leading role performance takes her. My guess is that with Jada and Will blood running through her veins, she will probably present a great performance. Her brother Jaden Smith has proven himself as a talented actor in multiple films. The pressure is on for little Willow. She has a lot to live up to, with 3 of her family members being successful movie stars. I know the world is waiting to see what she has to offer as Annie on the big screen. 

Budgeting for Filmmaking

          The budget for a film is usually divided into four sections. The first section is the above-the-line costs, which refers to the people who guide the creative flow of the film. Such people are the screenwriter, the producer, the director, the casting director and the actors. The second section is the below the line costs. These are the direct production costs. Examples are the cost of location, travel expenses, and technical expenses.  The third section in a typical film budget is post-production costs. Post-production is anything that is done after the scenes have been shot. Examples are editing, 3-d and motion graphics, Foley and audio mixing. The last section is Other. This could be anything that doesn’t fall into the first 3 categories, from insurance to unforeseen expenses.

            There are several specific elements to be considered when budgeting for a film. The first thing, and one of the most expensive, is the script. If a movie isn’t from an original idea the story rights to replicate that which was already created in some form (novel, play, ect.) may be very expensive. Purchasing story rights can cost over 10 million dollars. The best screenwriters are paid over 1 million dollars to write the first three drafts of the script.  Some are even offered a percentage of the gross profits upon the completion and release of the movie.

            You can see that before production costs are even included, developing a major motion picture is extremely expensive. There are many tactics that filmmakers use to minimize the costs of a movie. One strategy they use is to eliminate night scenes so there will be no need of expensive lighting equipment. They often avoid commercial areas, or film action scenes on early Sunday morning, when traffic is the lightest. There are several things to consider when budgeting for a film. This is just an idea of what filmmakers take into consideration. 

Motion Picture Association of America reviews Marketing Material

You may know that the Motion Picture Association of America is responsible for the motion picture rating system that parents use to make sure content is age appropriate. Most of us don’t know that they are also responsible for making sure that marketing material that is used to promote the movies is age appropriate as well. What’s the sense of taking a child to a G rated movie about horses, if the previews are going to be about passionate lovemaking?

The Motion Picture Association of America reviews the marketing material that’s used to promote every film that is rated by the Classification and Rating Administration. This is over 60,000 different pieces of marketing every year. Some of the promotional material included is print ads, radio and TV spots, billboards, press kits, bus shelters, posters, and trailers.

Their goal is to make sure all of the material is appropriate for whatever audience views it.  They intend to allow filmmakers to reach their target markets with these while making sure parents have piece of mind. If a parent takes a child to a PG rated movie, then the MPAA makes sure that all the trailers are suitable for that audience. They are not going to have a preview for Chain Saw Massacre in Shrek.

This has an effect on the film industry as a whole. Filmmakers have to be careful and specific in their marketing techniques. If the movie trailer, billboard, or marketing item isn’t acceptable for the venue they are trying to present it, then the time that they put into it will be lost. Even some websites for movies are restricted. In a way, it can be useful. By the MPAA not allowing them to present R rated previews in G rated movies, it helps them to pinpoint their target audience. Once the MPAA decides that the ad is acceptable, then filmmakers can reach their potential viewers with the marketing item.