Self Publishing Video Production

As the years go by, we are having more and more access to technology. Because of this, there is more opportunity to create. This is not just true for those who create films and documentaries, but in every creative genre. It is now easier to write books, produce music, games, and useful applications than it ever was. Most of us who are serious in our industry have figured out ways to create our content, but most of us are still struggling because we don’t know how to distribute our content.

Until recently, it would have been easier for me to figure out how I would create my content as a filmmaker, and get all the equipment and resources for it, then it would be for me to figure out what I would do once it was created. First thought, “Uh… put it on YouTube.” Yes, and make zero money. Thanks to my current Full Sail professor Kimberly Craft, I now know better ways to monetize my product without traditional distribution channels.

The first thing anyone should do is to obtain a copyright for their work. Do this by registering with the copyright office on copyright.gov. If anyone infringes your work, you will then be able to sue them. If you do not register your work, anyone who has access to it can do whatever they want with it. They may even use it to get money for it themselves. After you obtain a copyright for you product, you must then get the correct codes to sell it in retail locations.  The codes needed for DVDs are ISBN (International Standard Book Number) and the UPC (Universal Product Code).

There are several ways to distribute a film, video, or documentary. The way I am suggesting is self publishing with the use of a POD (print on demand). The way this works is that you submit your product to one of the POD sites, such as createspace.com. Then, when a customer chooses to purchase your product, they will send them a newly published copy of the DVD. You may have the option to package it however you would like, depending on the POD, and send it directly to the customer. These PODs make your product available in several different places. For example, if you put it on CreateSpace, your product is automatically put on Amazon and eStore. You may even be able to set it up where someone can pay you to download the entire film. Once you have set this up, you have to market the product so that it will be easy for potential customers to find it.

IP Law Podcast Series from Suffolk University

After listening to several interesting podcasts concerning intellectual property by various professionals, I am giving a brief synopsis of each subject.  

1. An Overview of Intellectual Property, by Stanley W Sokoloff. 

They explain that IP breaks down into three different categories. The first category is trademarks. They are known as words and slogans that identify the source of origin. The second category is copyright. Copyright protects literary and artistic expressions. The last category is patent protection. There are two types of patents. A functional patent protects processes and composition of matter. A design patent focuses on the ornamental features of the matter. 

The function of a trademark is to stop confusion. Copyrights protect against copying. Patents exclude other people from making and selling an invention. 

The example that they give in this podcast is breaks down the components of a television. The trademark of the television would be the brand. Let's say it's Sony. The programs being viewed on the Sony television will be copyrighted. Things like plays and various scripts would be copyrighted. The wiring and electronics that make the Sony television work would be covered by a utility patent. The ornamental configuration of the display case that the TV is in could be protected with design patent. 

2. Design Patent Infringement: Gorham v. White, by Christopher Corony 

Corony gives a timeline of what was going on in the US leading up into the time of the Gorham v. White case. 

1861 to 1865 the Civil War was taking place. After the Civil War, Corony explains that America was in the Reconstruction Era. During this era Americans wanted to forget about the war and move on with their lives. During this time they became interested in art, as the Europeans were. They then entered into the Impressionism Period in 1872. 

John Gorham became very popular because of the various house wares that he made. He was known for his Victorian style plate ware. Once he was very successful with that, he then came out with the cottage design plate ware. Because this cottage design plate ware was very successful, he got a patent for it. 

Leroy S. White made Gothic design from plated silver. There were several similarities between White's design and Gorham's design.  There were also several differences. When Gorham brought this to trial, the court had to make a decision whether the similarities in the ware would be tested from someone versed in the trade, or just an ordinary observer. They concluded that someone versed in the trade would be the criterion for deciding if they are too similar. The ruled in the favor of the defendant and Gorham then took the case to the Supreme Court. 

This is the only Supreme Court case for design patent in history. The Supreme Court thought it was wrong to base the test for similarities on someone who is versed in the trade. There will be more ordinary observers who will purchase the ware. The court ruled in favor of the Plaintiff. They decided that it is the overall impression, not the little differences that determine if two things are substantially similar. 

There are 3 important things to take away from this case:

1. This case confirms the merit of design patents. These patents are meant to be a service to the public, warranting protection, and enforced. 

2. They again questioned whose eyes should the similarities be viewed through. Instead of someone who specializes in the art, they decided that it would be more appropriate to have an ordinary observer be the standard.  

3. They came up with the term "substantial similarity." This is the degree that is still used today to decide whether or not two items are too similar. They didn't want people to be confused between two different products. 

These are the standards used now to tell the difference between two similar works, when it is concerning design patents.

3. Consumer Law in Second Life, by Dr. Christine Riefa

Second Life is a virtual Internet environment where users are able to create businesses and sell property. Christine Riefa is wondering if they should enforce consumer rights in Second Life. Second Life uses auctions to sell land and property. She points out that, unlike other virtual environment games, Second Life doesn't have a goal. When they are making various purchases, such as a handbag for the Avatar, the game is basically selling code. The things that are bought and sold with a currency called Linden Dollars. These dollars can actually be exchanged for real money. This makes Dr. Riefa wonder if normal consumer rights should be enforced. Is it fair for Second Life to shut down several accounts, or to not reimburse users if their purchases aren't what they should be? She is saying that they need software protection for the goods within Second Life; the same way there is protection for consumers in the real world.

4. The problem of Overprotection of IP, by Andrew Beckerman Rodau

A short explanation of what Mr. Rodau is saying is that the problematic over lapse of IP protection is caused by guidelines that are too broad. The problem that he is addressing is that creativity and innovation can be protected by more than one body of law at the same time. He believes that it undermines the balance that was initially set in place. "People are looking at how they can expand what they can protect, but they give little consideration to how it affects other bodies of law." 

He describes how each area of IP protection has changed over time. At first copyright law covered maps, charts and books. It now covers everything from choreography to software. He mentions that anything with a method can be patented. Anything with any function can is eligible for patent. He gives an example of an outrageous hat that was patented because it's function was to "draw attention." Trademark law has expanded as well. Trademarks originally protected words, short phrases, and designs. Now anything that creates any mental associated is potentially a trademark, according to Rodau. 

Google has a copyright and a design patent on the same work. He sees this as a problem. The design patent statute talks about the exterior appearance of something. Is the Google design ornamentation? Is it ornamentation of the computer monitor? 

So he’s saying, if I paint a painting, and I copyright it, I can also get a design patent on it because it can be digitized and shown on a computer screen just like the Google image.  So they get the benefits of the design patent, and when it expires after 14 years, they continue getting protection because of their copyright. Maybe they should be made to choose.

And sounds that cause mental associations can serve as a trademark, such as 20^th Century Fox’s opening music, but that song can also be copyrighted. The balance that was built to encourage people to keep creating is burdened.

5. Patrick Cariou v. Richard Prince, by Jessica Silbey 

Appropriation art is an art form that uses the artwork of others and makes collages. Because it uses other people’s work, the artists may be in danger of getting sued for copyright infringement. 

The plaintiff, Patrick Cariou, in this case is a photographer who is not famous like the defendant, Richard Prince. Patrick made a book of photographs from his time in Jamaica that he called Yes, Rasta.

Prince took these images and encouraged and made collages in a show called Canal Zone. The case was brought up before the court questioning whether the reconstruction of the photographs was infringement or fair use. The judge decided in favor or Cariou. 

There are several rights that citizens get with copyright protection. Cariou infringed on two of them. With a copyright you have the right to control reproduction, which stops other people from reproducing without your consent. It also gives the right to control the making of derivative works. 

So the court's decision is "changing the culture of innovation." Copyright law has a purpose to encourage others to be creative, but in a sense because of this case it could actually be doing the opposite and restrict creativity. She is suggesting that some of these appropriation artists can’t afford to pay the licensing, so this will make it more difficult for them to do this type of art.

She explains that fair use allows people to express creativity by making secondary works. Transformation is a very important term in fair use. It means that it took something old and gave it new meaning. They are saying that Prince did not do this. The court concluded that the works that Prince did were unrelated to Cariou's photographs, but not transformative. If there would have been some type of purposeful referral to the original work, then Prince may have won the case. 

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.