Thursday, August 22, 2013

Digital Rights

When you upload a video to You Tube, do you own it? What about when you post it on Facebook or your own website? So many things get shared and linked to throughout all types of social media. Where do your rights to your content begin and end? In the U.S. they begin with the language of the copyright act. You can read the entire act if you have a lot of time on your hands, at www.copyright.gov. Once you have created your work in a fixed form -- whether it's on paper, audio tape, video tape, film, or digital file (or some other form of media) you own your content and it is protected by copyright. You may want to register your work with the U.S. copyright office or some other agency (the Writer's Guild registers scripts, for example) to get extra protection. But once you create a work, you own it. Of course we're speaking about original work. If you copy someone else's novel and put your name on it, that doesn't count as an original work. You can't copyright ideas, names, or domain names. If you're creating fan fiction based on characters created by someone else, it's much better if you get permission from the author before you try to sell it. Or try changing the characters' names and circumstances enough so you can call it an original work, and you might have written a smash best seller like 50 Shades of Grey. If you're creating digital content, it's important to read the website's service agreement before you post your clip. Make sure that you are not assigning your copyright by posting your clip; if you're not sure, don't post it. You can always ask a lawyer for information, or at the very least look for help from other content creators and users of the site. As I've said in other posts, don't ever sign a contract with anyone regarding your work, or hire an agent or manager, without having an entertainment lawyer review the agreement first. No one can steal your copyrighted work, but you can give it away if you're not paying attention to the fine print. Bruce Springsteen signed a contract in a parking lot at night without reading it that gave his manager control over his music. it cost him years and millions of dollars to get out of it after he became a star. Allowing people to share content doesn't necessarily mean you give up your rights to it. Make sure you know what rights you own and what rights you're assigning to each piece of content, so you retain control of your work.

Sunday, August 11, 2013

Ulysses S. Grant on Directing Movies

I just finished "The Man Who Saved the Union" a biography of Ulysses S. Grant written by H.W. Brands. Grant was clerking in his father's leather goods store when the Civil War started, and rose from volunteer to Lieutenant General of the U.S. Army (the first man who held that rank since George Washington) and then President of the United States. His countrymen revered him throughout his later life, and built him a magnificent final resting place on Riverside Drive and 122nd Street in Manhattan. Grant's career has a lot to teach content creators, particularly film directors. As Orson Welles said, “A writer needs a pen, an artist needs a brush, but a filmmaker needs an army.” Grant's success provides a model for those wanting to lead a creative army. In 1862, talking about how lead an army, Grant said, "The art of war is simple enough. Find out where your enemy is. Get at him as soon as you can. Strike him as hard as you can, and keep moving on." Translate that to movie making -- know what the heart of your story is -- what is important and what can be cut if needed. Get to the heart of the story as soon as you can and attack it in the most compelling way possible. Make your point and move on to the next scene. Grant once told an aide who asked if Grant believed he'd made a correct decision that he wasn't sure, but "We must decide. If I am wrong, we shall soon find it out, and can do the other thing. But not to decide wastes both time and money, and may ruin everything.” That is very true for directors. Make a decision and follow it through. The next day, you can come back and change everything you did, but no one loses control of a set or a production faster than a director who's not sure. Grant is also famous for saying, "I will take no backward step." Once he started moving in a direction he kept moving toward his objective, even if he had to take a couple of detours to get there. That's the same for a creative career. Only the most determined achieve their goals. The road may not always go straight, but you'll get there if you keep your end in mind and trust your judgement.

Friday, August 2, 2013

Do You Need an Agent and a Manager?

If you're a successful movie actor, author, or any artist generating millions of dollars of income every year, chances are you employ both an agent and a manager, and in some cases more than one. If you're primarily a novelist,for example, you may have a literary agent, a Hollywood agent for film sales, and another agent to book speeches. If you're like many content creators uploading video to you tube and going to open mike poetry readings (that's what I do in my spare time) chances are you don't have an agent or manager. What does Tom Cruise know that you don't? For one thing he knows the difference between an agent and a manager. An agent's business is regulated by law, and strictly limited to getting work for their clients. In general, agents get the job and make the deal. Managers are generally not licensed by the state and therefore there can be a wide range of services that managers offer. A manager is career-oriented, responsible for shaping their client's career. They have a hand in everything from developing projects to the clothes clients wear at public appearances. If you are the CEO of your creative career, your manager is your COO or brand manager. An agent can't produce their client's movie, but a manager can. A manager can head their client's production company. All CEOs need people to help them realize their vision. Successful artists also need their team. Agents and managers can work with several clients That's because your manager and your agent only get a percentage of your earnings -- your agent will generally get 10% of your fee, and the manager 10 or 15% or more, depending on the services they offer. If you're making $1 million for your latest movie (actually, a poor salary if you're a star or a top screenwriter) your agent gets $100,000 and your manager gets $150,000 before you get a penny. Are your agent and manager worth it? If they helped get you that $1 million -- absolutely. 75% of something, especially a very lucrative something, is better than 100% of nothing. The right agent and/or manager can be a huge boost to your career, bringing your work to the attention of executives who have the resources to provide a worldwide platform and a high salary. But be careful, particularly if you're not yet a star and have been asked to sign a management contract. An unscrupulous manager is in a good position to rob you or destroy your career. That's why, before you sign any contract with an agent or manager, get it reviewed by a knowledgeable entertainment attorney. Pay them up front if you have to - although in Hollywood, some lawyers will also work for a percentage.