Saturday's Blog Archive
Thanks to Brad for helping out! I know this is something new, and we will be looking to have more of these. To view the archive, go to the comments section of this entry.
If someone has a topic they would like to see discussed that has to do with entertainment, suggest it and we will see who would be available in LA/New York to discuss the topic.
posted by Michelle Nickelson at 11:01 AM
2 Comments:
Brad: Yes, just figuring out how this works
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MN: it's working, Hi guys!
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Brad: Good morning, or I should say Good Eve to you
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Jeff: Good morning MN!
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MN: here it's evening, I miss LA!
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Brad: It misses you as well
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MN: well I am planning on being back soon.
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Brad: That's good to hear
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MN: there are a lot of up and coming writers/directors here, as yet, not a real cohesive bunch, but there are people working on it. Not like LA
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Brad: I'm finding that my page doesn't automatically refresh itself but rather I have to push the chat now button to get it updated
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Brad: That's a great place to be.
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MN: Since we are early...the biggest problem here in the UAe for content that is already done is pirate DVDs. Ok, I have seen a few! Maybe this could be something to comment on to start with, as it is pretty prevalent.
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Brad: Absolutely, just let me know when you want to start
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MN: I don't think this is as "rampant" in US, at least I did not see it as much in LA. Thoughts?
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Brad: In order to promote the policy behind copyright, there must be enforcement of such laws. Every effort is being made by the U.S. Copyright Office and others to do so. Unfortunately, it remains a serious challenge.
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Jeff: Pirated products are very easy to find in Cinatown and Orange county where there is a very large asian community. Most of the product (mainly asian films) come from China, Thailand, Korea etc...
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Brad: In mentioning China, Even though things are changing, piracy continues at a rate of 90% of all copyrighted works in China, as reported in many industry reports.
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Jeff: Pirated product is mainly a govt. problem. Although there are technologies being used and created to make duplicating dvd's difficult
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Brad: So how do we deal with that? Well let's look at it from a filmmakers point of view
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Brad: In looking at it from a producer’s viewpoint, on an SAG ultra low budget feature film with a budget less than $200,000, the maximum in estimated international sales from China is about $9,500 in video distribution versus the total estimate of ove
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MN: good thought, the Internet has been weird here, it blips in and out!
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Brad: over $1 million over all, which is less than 1% of your estimated revenue generated for the foreign distribution.
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Jeff: As a writer/director, we are at the mercy of the techies. It's all about technology and building anti-pirate technology into dvds to minimize this kind of theft
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MN: for something that low budget, I don't know if it would appeal to pirates. Mostly what you see here are the theater releases.
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Brad: An even though piracy exists abroad, a huge market for producers is the U.S. where copyright law is strictly enforced.
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MN: do you think digital distribution will change that?
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Brad: I think that as technology increases, the pirates get smarter as well.
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MN: sadly, I have seen pirate DVds made from Academy screeners, makes you wonder!
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Brad: Indeed. Although treaties can't force conutires to enforce copyright, we still must lobby for such.
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Brad: And thankfully most countires do a great job of enforcing our rights as filmmakers, at least in the major markets.
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MN: from a industry perspective, even if DVD pirates are caught, does anything end up happening to the companies that do this?
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Brad: A great example is the UAE where, it is my understadning, is a cosigner of the Berne Convention.
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Michael: How are live broadcast or shorts covered under copyright law if you are posting from a non - US country? if they aqre posted to a USA based website are they covered under Common law?
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Brad: Their product can be confiscated and criminal penaties enforced.
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Brad: Any work that is original and fixed in a tangible medium is covered under common law copyright
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Brad: but being having a statutory copyright is better.
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Brad: Such is obtained by filing file a Form PA with the U.S. Copyright Office along with a copy of the work and a fee of $45.
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MN: can you explain the difference between the 2 types?
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MN: thanks! For a writer just starting out, do you recommend having original works copywritten?
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Brad: Yes. A common law copyright is given to the work even without a notice affixed, under current law. It is for the expression of the idea.
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Brad: Damages for infringing a common law copyrt are the actual damages which is the lost revenue to the holder
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Brad: Damages for infringing a stat copyrt are much different and are...
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Jeff: Curious: I've seen different films with the same title. I've also seen films with very similar plots. Can different films legally have the same titles and how unique does a film have to be to avoid being accused of ripping off another film?
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Brad: in the form of (1) treble damages (which is three times the amount of actual damages) or (2) Statutory damages in the amount of $150,000, whichever is greater, as well as all attorney fees and court costs associated with bringing the infringeme
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Brad: which could be significant
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Tarryn: Checking if this works
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Brad: regarding titles, yes there are some movies with similar or the same title but that is not the best scenario...
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Tarryn: How long does a copyright last, in terms of years?
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Brad: As a producer, you should have a title report generated by a compny that can give you a legal opinion as to whether the title is clear or not
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Brad: You can contact the MPAA which registers titles
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MN: did you get the question about how long is the life of a copyright?
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Brad: yes sorry for the delay, didn't let me post, the term is...
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Brad: the life of the author plus 70 years or 95 years for a corp author
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Brad: that's for a u.s. copyrt
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Brad: The Berne Convention gives the life of the author plus 50 years
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Brad: a corp author is a company that hires a writer as a "work for hire".
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Jeff: In terms of content: Is there a certain percentage of "unigueness" a screenplay must have to avoid being accused of as theft -- hope that makes sense.
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MN: for someone starting out here in the UAE, what would you suggest, as there are not many who know about intellectual rights. Should they look at copyrighting their works before submitting them?
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Brad: Absolutely. If you want to deal with u.s film distribution, a us copyrt is a must
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Brad: also it is my limited understanding that works must be registered in the UAE before they can be commercialized
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Brad: registering your screenplay with the WGA is good for a date of creation but a copyright should be sought as well
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Brad: a copyright proves ownership of the expression of your idea
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Tarryn: Is it possible to copyright the design of a car? How would you go about that?
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MN: Thanks. OK, I am sure you have seen the "disclaimer" you have to sign when you submit your work to a production company, which states they are NOT liable if they come up with something similar at a later date. If your work was previously copywritten, woul
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Brad: a distribution companies will want to see a chin of title regarding such ownership.
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Brad: first about the design question...
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Brad: copyrt protects the expressin of an idea, a patent, specifically a design patent would protect the design of a car
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Brad: Regarding submissions...
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Brad: because cpyrt doesn't protect the idea itself, in order to protect your idea you have to create an implied contract
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Brad: where the pro co that you are giving your work to agrees to compensate you if they use your idea
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Brad: since most pro co get a lot of submissions, they want you to agree to the opposite
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Brad: because they may have 10 scripts that are similar to yours and don't want to be liable
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Brad: it's common to have to sign a submission release form to the majors
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MN: Ah...dealing with studios...
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Brad: but if you deal with an indie producer, it might not be the case
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MN: What would you say was the most rewarding part of working on The Sensei?
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Brad: yup. on a side note, it should be something that Mirage has in place as well
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MN: we do....
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Brad: when DIana and I did the scene where she was dying
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Brad: I love being in the moment and moved emotionally
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MN: she is the main character/instuctor, Yes?
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Brad: Yes
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Brad: I enjoyed being of service as a co-producer but my passion is with acting
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MN: Do you like producing or acting better?
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MN: I can relate to that one...I enjoy writing more than being the "business guy."
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Brad: no question, acting. although producing will help me get some of my projects i'm acting in going
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Brad: yes we all have to wear differenat "hats" at times
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MN: It does help that you have a legal background with working in films. Again, the biggest problem here is knowledge, lots of talent, just have to get information out there.
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Brad: Yes. a very exciting time in the UAE
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Brad: and i find that my legal background helps protect my investors in my films
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Brad: as we know, it is called "show business" and needs to be treated like one at times
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MN: raising funds can be a whole day topic in itself! That is THE difficukt part. What is your next project?
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Brad: yes funding a film is the biggest challenge as everything else falls into place
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Brad: my next project is acting with the legend Harry Belafonte this next week
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MN: are you acting as co-prod as well?
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Brad: Nope, just acting in this one.
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Brad: funny how small this world is though. the wardrobe clled me yestarday and
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MN: can you say anything about the film?
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Brad: knew me from working together on shakespear's rich iii
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Brad: It's a small film already primed for the festivals
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MN: feature or short?
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Brad: I believe it's a short and will be called "The Last Supper"
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Brad: the shooting schedule is only two weeks so it has to be a short and the script is not feature length
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MN: keep me posted on this. I really appreciate your helping out. This is a new concept here and I will have the archive for people to read.
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Brad: Always my pleasure and honor to work with you!
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MN: Brad will be working with us on a project called Avatar and as always, a pleasure working with you. See you next month in LA!
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Brad: I look forward to seeing you!
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There is no one by that name with us, sorry I can't be more helpful.
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