Application and The Rules of Participation
Mini Movie Channel Short Film Competition
May 2009
May 12, 2009
SHORT FILM COMPETITION!
January 14, 2009
October 14, 2008
How Not To Be A Stupid Filmmaker: Other Infringements
There's a trend happening with some short filmmakers – stealing. It’s not intentional (I hope) but it’s evident nonetheless. It all boils down to using other peoples’ stuff. Music infringements are the most prevalent (as discussed in an earlier piece here). But there are other “thefts” that can still hurt your film when it comes to getting it sold and seen. And there are just way too many new films being made with one infraction or another. They all end up in the trash bin.
The most worrisome part about this trend is that there’s a mindset among too many filmmakers that seems to scream: “If it’s out there, it’s mine!” Maybe it’s a generational thing? Or an Internet thing? YouTube? It’s unclear where it all started. What is clear is how many films are submitted to buyers like Mini Movie Channel with elements that have been taken from other sources. This is frustrating for buyers because a lot of these films with “red flags” are good and should be seen.
No-Budget and Low-Budget filmmakers have always used “stolen” locations, but that's just one aspect of current films that can cause problems. It’s one thing to get away with not having a location permit for your shoot, but depending on the location, it can come back to bite you. One film that was rejected recently by Mini Movie Channel had a scene that took place in an art gallery with lots of wonderful paintings on the walls. There had been an exterior establishing shot that showed the name of the gallery. Even though the filmmaker probably had permission to shoot there, he didn’t have written permission from the gallery's owner. For one reason or another, he could not get that written permission after the shoot took place. Furthermore, he did not have written permission to include any of the paintings in the scene.
Another film required a scene that took place inside a movie theater. But the filmmaker had used an exterior shot of Mann’s Chinese Theater on Hollywood Boulevard, which established that the interior scene was taking place inside the famous landmark. You can do “drive-bys” of famous places, but the minute you infer that your story is taking place inside one of them, especially privately owned ones, it’s wise to get permission. It’s even wise to get permission from your friend who let you shoot in his apartment.
Using clips from other people’s movies can be a real deal breaker. One film had a TV playing in the background and the program was recognizable. It was a late night talk show. The whole soundtrack for the short film was from the TV show playing in the background. A celebrity was being interviewed and they showed a promotional clip from her latest movie that was about to be released. Then the TV show cut away to a commercial. This presented major problems for the producer who had no written permissions from anyone. In order to clear the elements from the TV show, the producer would have needed written okays from the television network, the production company of the late night talk show, the host, the celebrity, the studio who owned the promotional clip, and then the people who owned the product in the commercial that was seen. There was also music in the TV show and it had to be checked to find out who owned it. Needless to say, the pursuit to get all those clearances in order was daunting and the producer, although he tried at first, finally gave up. And in this situation, if one entity had said “no” then all the other permissions would have been useless.
Another film had interspersed clips from old Marilyn Monroe movies. It was effective storytelling but no one will ever see it commercially because the cost of the rights to those clips was prohibitive.
Note to filmmakers: be sure you have the right to include everything you have in your film. You cannot assume that just because it’s “out there” being used by other people that it’s yours too. And I’m just gonna bet that if you saw something from your movie being used by other people without your permission you wouldn’t much like it. Am I right?
The most worrisome part about this trend is that there’s a mindset among too many filmmakers that seems to scream: “If it’s out there, it’s mine!” Maybe it’s a generational thing? Or an Internet thing? YouTube? It’s unclear where it all started. What is clear is how many films are submitted to buyers like Mini Movie Channel with elements that have been taken from other sources. This is frustrating for buyers because a lot of these films with “red flags” are good and should be seen.
No-Budget and Low-Budget filmmakers have always used “stolen” locations, but that's just one aspect of current films that can cause problems. It’s one thing to get away with not having a location permit for your shoot, but depending on the location, it can come back to bite you. One film that was rejected recently by Mini Movie Channel had a scene that took place in an art gallery with lots of wonderful paintings on the walls. There had been an exterior establishing shot that showed the name of the gallery. Even though the filmmaker probably had permission to shoot there, he didn’t have written permission from the gallery's owner. For one reason or another, he could not get that written permission after the shoot took place. Furthermore, he did not have written permission to include any of the paintings in the scene.
Another film required a scene that took place inside a movie theater. But the filmmaker had used an exterior shot of Mann’s Chinese Theater on Hollywood Boulevard, which established that the interior scene was taking place inside the famous landmark. You can do “drive-bys” of famous places, but the minute you infer that your story is taking place inside one of them, especially privately owned ones, it’s wise to get permission. It’s even wise to get permission from your friend who let you shoot in his apartment.
Using clips from other people’s movies can be a real deal breaker. One film had a TV playing in the background and the program was recognizable. It was a late night talk show. The whole soundtrack for the short film was from the TV show playing in the background. A celebrity was being interviewed and they showed a promotional clip from her latest movie that was about to be released. Then the TV show cut away to a commercial. This presented major problems for the producer who had no written permissions from anyone. In order to clear the elements from the TV show, the producer would have needed written okays from the television network, the production company of the late night talk show, the host, the celebrity, the studio who owned the promotional clip, and then the people who owned the product in the commercial that was seen. There was also music in the TV show and it had to be checked to find out who owned it. Needless to say, the pursuit to get all those clearances in order was daunting and the producer, although he tried at first, finally gave up. And in this situation, if one entity had said “no” then all the other permissions would have been useless.
Another film had interspersed clips from old Marilyn Monroe movies. It was effective storytelling but no one will ever see it commercially because the cost of the rights to those clips was prohibitive.
Note to filmmakers: be sure you have the right to include everything you have in your film. You cannot assume that just because it’s “out there” being used by other people that it’s yours too. And I’m just gonna bet that if you saw something from your movie being used by other people without your permission you wouldn’t much like it. Am I right?
October 10, 2008
How Not To Be A Stupid Filmmaker: Trademarks and Logos
You can’t stick voodoo pins in Barbie. OK, actually you can (it’s a free country). But if you do it in your movie, you probably won’t be able to sell the film you just made of Barbie’s suffering. It’s a trademark/logo issue.
When filmmakers are shooting their shorts, it’s easy to overlook this very important aspect. Principal photography can be fast and furious, not to mention minimally staffed. There usually aren't set dressers or prop managers on the set making sure that everything in your picture is okay to include, like that Apple laptop, that can of Coke, or that movie poster on the wall in the background. Just like actors or music, you need written permission to use recognizable products, labels or images in your film.
And even if you have permission from the source, they won’t like it if you abuse their trademark/logo. When you ask a trademark- or logo-holder for permission before you shoot, you’ll most likely be asked to submit a script so they can be sure you’re not degrading their image. The company may grant you permission to use their product, but they definitely won’t let you abuse it. For instance, you might be able to have a character drink from a can of Coke, but that person can’t crush the can after the last drop.
As an example, there was a major case some years ago in which a studio feature film showed a car breaking down. It was a primary plot point for the story. The car manufacturer sued the studio and won hundreds of thousands of dollars. The car company had spent millions promoting the image that their car was safe and reliable and basically did not break down. Granted, this was a feature film from a big studio. It’s unlikely a short film without a huge nationwide theatrical release would have the same costly result, but buyers are always looking for red flags in the films they’re considering to exhibit and they don’t want to risk any legal action because of a trademark infringement. A lot of companies don’t mind if you use their products in your story, so long as it’s all in keeping with the public image of their product. Still, you need their permission first. Of course, you do not need the okay from every car company for every car that’s parked on the street or driving by. Just for the ones that are more or less “characters” in your film.
Mini Movie Channel has had to pass on dozens of films they wanted to license for exhibition because all too often, there were elements that couldn’t be cleared. Recently, a film was submitted in which a character used a magazine and newspaper as hand props. The producers had not gotten permission to use items. In another film, a scene took place in a grocery store, and many products on the shelves in the background were recognizable. Again, the producers had not cleared those products for use in their film. So, if you can’t get permission for all the “stuff” in your film, make sure the identifiable logos are turned away from the camera or masked in some way, like with black masking tape.
Whenever companies which license films like Mini Movie Channel see “red flags” in a film regarding trademarks and logos, they will require paperwork that eliminates any risk of liability. Otherwise, without that paperwork, they will just “pass” on the film and move on to the thousands of other available shorts that are created every year.
When filmmakers are shooting their shorts, it’s easy to overlook this very important aspect. Principal photography can be fast and furious, not to mention minimally staffed. There usually aren't set dressers or prop managers on the set making sure that everything in your picture is okay to include, like that Apple laptop, that can of Coke, or that movie poster on the wall in the background. Just like actors or music, you need written permission to use recognizable products, labels or images in your film.
And even if you have permission from the source, they won’t like it if you abuse their trademark/logo. When you ask a trademark- or logo-holder for permission before you shoot, you’ll most likely be asked to submit a script so they can be sure you’re not degrading their image. The company may grant you permission to use their product, but they definitely won’t let you abuse it. For instance, you might be able to have a character drink from a can of Coke, but that person can’t crush the can after the last drop.
As an example, there was a major case some years ago in which a studio feature film showed a car breaking down. It was a primary plot point for the story. The car manufacturer sued the studio and won hundreds of thousands of dollars. The car company had spent millions promoting the image that their car was safe and reliable and basically did not break down. Granted, this was a feature film from a big studio. It’s unlikely a short film without a huge nationwide theatrical release would have the same costly result, but buyers are always looking for red flags in the films they’re considering to exhibit and they don’t want to risk any legal action because of a trademark infringement. A lot of companies don’t mind if you use their products in your story, so long as it’s all in keeping with the public image of their product. Still, you need their permission first. Of course, you do not need the okay from every car company for every car that’s parked on the street or driving by. Just for the ones that are more or less “characters” in your film.
Mini Movie Channel has had to pass on dozens of films they wanted to license for exhibition because all too often, there were elements that couldn’t be cleared. Recently, a film was submitted in which a character used a magazine and newspaper as hand props. The producers had not gotten permission to use items. In another film, a scene took place in a grocery store, and many products on the shelves in the background were recognizable. Again, the producers had not cleared those products for use in their film. So, if you can’t get permission for all the “stuff” in your film, make sure the identifiable logos are turned away from the camera or masked in some way, like with black masking tape.
Whenever companies which license films like Mini Movie Channel see “red flags” in a film regarding trademarks and logos, they will require paperwork that eliminates any risk of liability. Otherwise, without that paperwork, they will just “pass” on the film and move on to the thousands of other available shorts that are created every year.
September 29, 2008
Movies of the Week - Jews: The Chosen Movies
Just in time for the High Holy Days, here are five comedies about Jewish-American life. From dietary restrictions to interfaith marriage, what's a good Jew to do? The movie for Friday -- A Man And His Banana -- is not technically Jewish because of rules against working on the Sabbath—but it is something a young Woody Allen might have made.
The Hebrew Hammer
This movie turns the "nice Jewish boy" stereotype upside down and squashes it, along with Santa Claus. He's a bad dude, sick of being Jewish at Christmastime, and he's got a gun. Written and directed by Jonathan Kesselman, who later made the feature film version starring Adam Goldberg.
Gossip: The Evil Tongue
A little gossip at a Jewish wedding is to be expected, but this time it's a big deal—the bride may not be a Member Of The Tribe.
The Wedding Bout
Here's another look at marriage outside the faith, this time with the bride and groom in a boxing match symbolizing the clash of cultures, with lots of kibitzing onlookers. Can't we all just get along?
Bacon and the Gefilte
He knows he shalt not commit adultery against his Jewish wife, but what if it's food that he's actually lusting after? And what if, God forbid, it's pork?
A Man and His Banana
Food and sex together again, this time with a New Yorker so neurotic he has a banana for a pet, and it talks with him philosophically about love and life. No wonder his girlfriend leaves him. The story, characters, and light jazz music are all Woody Allen-esque. Instead of Love and Death, it could be called Love and Produce.
The Hebrew Hammer
This movie turns the "nice Jewish boy" stereotype upside down and squashes it, along with Santa Claus. He's a bad dude, sick of being Jewish at Christmastime, and he's got a gun. Written and directed by Jonathan Kesselman, who later made the feature film version starring Adam Goldberg.
Gossip: The Evil Tongue
A little gossip at a Jewish wedding is to be expected, but this time it's a big deal—the bride may not be a Member Of The Tribe.
The Wedding Bout
Here's another look at marriage outside the faith, this time with the bride and groom in a boxing match symbolizing the clash of cultures, with lots of kibitzing onlookers. Can't we all just get along?
Bacon and the Gefilte
He knows he shalt not commit adultery against his Jewish wife, but what if it's food that he's actually lusting after? And what if, God forbid, it's pork?
A Man and His Banana
Food and sex together again, this time with a New Yorker so neurotic he has a banana for a pet, and it talks with him philosophically about love and life. No wonder his girlfriend leaves him. The story, characters, and light jazz music are all Woody Allen-esque. Instead of Love and Death, it could be called Love and Produce.
Lost Screen Tests: Fake Interview with Samuel L. Jackson
He's "King of the Mother@#$%^ World," and he's got s--- to say about movies, women, language, and those lost screen tests recently posted on the Mini Movie Channel website.* (*Mini Movie Channel stresses that no actual celebrities participated in this interview or the screen tests posted on www.minimovie.com . The words here are not those of the actual Samuel L. Jackson. They're parodies, mother@#$%^!)
Mini Movie Channel: Mr. Jackson, why do you think you didn't get the role of Jack in Titanic?
Samuel L. Jackson: I guess they wanted someone different. That little mother@#$%^ Leo ain't nothin' like me.
MMC: Why were you so verbally abusive to Kate in the audition? Do you have a problem with women?
SLJ: Abusive? I wasn't pickin' on her; I'm always like that. And no, I love women, especially their t@#$%^. Sorry, but if you can't stand the mother@#$%^ heat, get out the f@#$%^ kitchen! Maybe this is why they kept me off that boat.
MMC: Aren't you concerned about how your language affects people, and what they think of you? What about children who hear it?
SLJ: H#@& no, it's real; and if little kids hear me talkin' this way in a movie, it's something they shouldn't be watching anyway. And on TV all the good s#%& gets cut out or bleeped. I've been bleeped a lot. King of the bleepin' world!
MMC: Your Titanic screen tests have been a hit for Mini Movie Channel. Do you have any others we could post?
SLJ: S#%^ yeah, how about the one of me trying out for Gladiator: "Commodus?! What the f&%^ kinda name is that?" Or Hannibal Lecter, where I tell the b&#%^ what I'll do if I get outta jail. Or Ariel in The Little Mermaid. Man, those Disney mother@#$%^ still won't talk to me after that one. Maybe I should clean up my act a little….
(*Mini Movie Channel stresses that no actual celebrities participated in this interview or the screen tests posted on www.minimovie.com. The words here are not those of the actual Samuel L. Jackson. They're parodies, mother@#$%^!)
Mini Movie Channel: Mr. Jackson, why do you think you didn't get the role of Jack in Titanic?
Samuel L. Jackson: I guess they wanted someone different. That little mother@#$%^ Leo ain't nothin' like me.
MMC: Why were you so verbally abusive to Kate in the audition? Do you have a problem with women?
SLJ: Abusive? I wasn't pickin' on her; I'm always like that. And no, I love women, especially their t@#$%^. Sorry, but if you can't stand the mother@#$%^ heat, get out the f@#$%^ kitchen! Maybe this is why they kept me off that boat.
MMC: Aren't you concerned about how your language affects people, and what they think of you? What about children who hear it?
SLJ: H#@& no, it's real; and if little kids hear me talkin' this way in a movie, it's something they shouldn't be watching anyway. And on TV all the good s#%& gets cut out or bleeped. I've been bleeped a lot. King of the bleepin' world!
MMC: Your Titanic screen tests have been a hit for Mini Movie Channel. Do you have any others we could post?
SLJ: S#%^ yeah, how about the one of me trying out for Gladiator: "Commodus?! What the f&%^ kinda name is that?" Or Hannibal Lecter, where I tell the b&#%^ what I'll do if I get outta jail. Or Ariel in The Little Mermaid. Man, those Disney mother@#$%^ still won't talk to me after that one. Maybe I should clean up my act a little….
(*Mini Movie Channel stresses that no actual celebrities participated in this interview or the screen tests posted on www.minimovie.com. The words here are not those of the actual Samuel L. Jackson. They're parodies, mother@#$%^!)
How Not To Be A Stupid Filmmaker: Writers
WRITERS are where it all starts.
Word! It all begins with the word: The Script.
The writer of any script owns the script. And, of course, he or she has the right to sell his script to a filmmaker so it can be made into a movie. It’s essential to legally contract for the script from the writer. The contract should clearly spell out what rights the filmmaker is getting from the writer and for how long. It should also define how any compensation would work.
The filmmaker must get those rights in writing before starting any project based on that script. If it’s an original script from a friend or associate, or even a family member, it should be pretty straightforward. Where it gets sticky is if the filmmaker is buying a script that was based on some other source, such as a short story or any other published material. The filmmaker needs to follow the chain of creation and make sure he/she has permission from each entity involved in that creation. If it is material from another source, the filmmaker may need to get the writer’s and the publisher’s permission. Sometimes filmmakers get support or funding from outside sources like a foundation or a commercial sponsor. It should be clear in the agreements with those outside sources exactly what rights the filmmaker has and how those rights may be sold or licensed, as often they may have a say in what can be done with the finished product.
Buyers will want to see the whole chain of title regarding the rights to the script that's been filmed. Oftentimes, the filmmaker is the writer, too. So if you’re filming your own story/script, you need to make a contract with yourself giving you or the company you’re operating under the permission to turn your own words into a film.
It’s a good idea to register your script with the Copyright Office and get a copyright number from them. Some writers also think it’s necessary to register a script with the Writers Guild of America East or West. A writer friend of mine was doing that one day with one of his new-hot-off-the-press scripts and the representative taking his registration fee asked if he had any children and suggested that the money he was about to pay them would be better spent on new shoes for his kids. In reality, the inherent copyright protection is in place the minute you finish your script. Some even suggest just sending oneself a copy of the work and making sure the date stamp from the Post Office is clear. Just be sure that the seal on the envelope doesn't get broken!
Once the film is finished and in the can, then it’s time to send a DVD copy of it to the Copyright Office and get a copyright registration for the finished film, not just the script. Many buyers require a copy of the form once you get the registration number, which can take weeks or months. Doing this will protect the script and the film itself.
Not only does everything start with the Word, it also ends with the Word ... on paper ... signed, sealed and delivered.
Word! It all begins with the word: The Script.
The writer of any script owns the script. And, of course, he or she has the right to sell his script to a filmmaker so it can be made into a movie. It’s essential to legally contract for the script from the writer. The contract should clearly spell out what rights the filmmaker is getting from the writer and for how long. It should also define how any compensation would work.
The filmmaker must get those rights in writing before starting any project based on that script. If it’s an original script from a friend or associate, or even a family member, it should be pretty straightforward. Where it gets sticky is if the filmmaker is buying a script that was based on some other source, such as a short story or any other published material. The filmmaker needs to follow the chain of creation and make sure he/she has permission from each entity involved in that creation. If it is material from another source, the filmmaker may need to get the writer’s and the publisher’s permission. Sometimes filmmakers get support or funding from outside sources like a foundation or a commercial sponsor. It should be clear in the agreements with those outside sources exactly what rights the filmmaker has and how those rights may be sold or licensed, as often they may have a say in what can be done with the finished product.
Buyers will want to see the whole chain of title regarding the rights to the script that's been filmed. Oftentimes, the filmmaker is the writer, too. So if you’re filming your own story/script, you need to make a contract with yourself giving you or the company you’re operating under the permission to turn your own words into a film.
It’s a good idea to register your script with the Copyright Office and get a copyright number from them. Some writers also think it’s necessary to register a script with the Writers Guild of America East or West. A writer friend of mine was doing that one day with one of his new-hot-off-the-press scripts and the representative taking his registration fee asked if he had any children and suggested that the money he was about to pay them would be better spent on new shoes for his kids. In reality, the inherent copyright protection is in place the minute you finish your script. Some even suggest just sending oneself a copy of the work and making sure the date stamp from the Post Office is clear. Just be sure that the seal on the envelope doesn't get broken!
Once the film is finished and in the can, then it’s time to send a DVD copy of it to the Copyright Office and get a copyright registration for the finished film, not just the script. Many buyers require a copy of the form once you get the registration number, which can take weeks or months. Doing this will protect the script and the film itself.
Not only does everything start with the Word, it also ends with the Word ... on paper ... signed, sealed and delivered.
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