The Perils of Litigation

The movie industry is full of flashing lights, cameras, and famous faces. On the surface it would appear that the movie industry is one of the most lucrative industries to have ownership in. The latter statement is partly true; the movie industry is lucrative to many owners of major and smaller independent studios. For every blockbuster movie that is shown in theaters throughout the world there are literally thousands of lawsuits that are filed against the studios that produce them. Film litigations are the downside of owning a production company. It is not a question of “if” you get sued but rather “when” you get sued as it relates to producing films in Hollywood.  Film litigations are costly and can take years to resolve.  Another party may file a lawsuit against a filmmaker’s intellectual property such as a film or movie script. Let us look at a few film litigations to understand the many different causes.

The first litigation we shall review is the lawsuit filed by former South Carolina House of Representatives James L. Mann “bubba” Cromer Jr. against Showtime and HBO. Cromer created and filmed a movie called “The Hills Have Thighs” in 2008. The film is a comedic adaptation of the horror cult classic “The Hills Have Eyes”.   According to the article Cromer hired an agent to increase the films profile. After doing so Cromer saw an ad saying his movie would be aired at 1:30 am on a Showtime network called the movie channel. Cromer being excited emailed and called all of his friends to spread the good news.  To Cromer’s dismay, what was aired that night was a soft pornographic movie with the same movie title but with a different director. Cromer filed a lawsuit stating that by airing the soft pornographic film with the same title has caused action of defamation, violation of the Lanham Act, violation of the rights of publicity, intentional infliction of emotional distress and negligence. (Belloni, 2010)

I will merely state my opinion on this lawsuit.  It is my belief that Mr. Cromer is suing the wrong parties. There are a lot of movies that have similar titles. I think both Mr. Cromer and his agent failed to do their due diligence in the area of copyrighting.  Mr. Cromer should have searched to see if there were any films already made with the same title. Even now Mr. Cromer’s attorneys should be trying to ascertain when Salvadore Ross actually created his version of the movie. If the findings state that Mr. Cromer’s film was an earlier copyrighted film, then Mr. Cromer should sue Salvadore Ross for copyright infringement.  Showtime and HBO did not error in showing Salvadore Ross’s version of the film; it was shown after hours for adults. Mr. Cromer acted with haste and announced his film would be shown without thoroughly verifying that it was indeed his movie being aired. 

The next case is well known and many of us as moviegoers are wondering how will this impact the finish product.  It is the litigation between Warner Bros and DC Comics VS. the heirs of Jerry Siegel and Joe Shuster the creators of the “Superman” character.  The Siegel family in particular filed a lawsuit against Warner Bros. and DC Comics claimed that the family owned profits on the movie “Superman Returns” in relation to a “sweetheart deal” struck between Warner Bros. and DC Comics.  The heirs do not have any ownership of the copyrights to the “Superman” character until 2013. The families will own the entire original copyrights to the “Superman character” in which no new Superman films can be made without the families’ approval.  However the court did not rule in the heirs’ favor for the damages but warned Warner Bros. that if the production of a new Superman movie does not begin by 2011, then the families can sue Warner Bros. for damages in 2013 when the families reclaim ownership. (Wigler, 2009)

This case is clearly one that is based on knowing about copyrighting laws and the rights to intellectual properties.   I think the Judge made an error in this ruling.  I base my opinion on Title 17 Section 302 of the Copyright law of the Untied States of America. Under section 302 it clearly states the following ” (a) In General. — Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and then to any heirs 70 years after the author's death.” Copyright Act (1976)

It has not been 70 years since the death of the creators of Superman.  Jerry Siegel died in 1996 and Joe Shuster in 1992.  In my opinion Warner Bros. and DC comics should pay the heirs profits from Superman returns.

The clash between church and state is more common than we may hear about.  Brazil’s archdiocese of the Catholic Church is suing Columbia Pictures for using unauthorized images of the world famous statue The Christ the Redeemer in the blockbuster movie “2012”.  The Brazilian Catholic Church commissioned Paul Landowski to create it in 1931. Under Brazilian law the copyright belongs to the author or work until his death and then to any heir and successors for 70 years.

The Brazilian Catholic Church wants Columbia Pictures to make a public declaration that the company did not intend to cause offense by showing the statue destroyed by a giant tidal wave in the movie. (AFP, 2010)

In my opinion this case is should be simple and to the point but unfortunately it is not. The main issue centers on international law. Columbia Pictures may have violated Brazilian copyright laws, but who has the power or jurisdiction to enforce Brazilian law on an American based company.  I think that Columbia Pictures should indeed offer an apology and settle out of court with the Brazilian Catholic Church in order to continue shooting future film in Brazil. In reality, Columbia Pictures will not be held liable for violating the use of the statue.

To read the articles cited in the blog click on the links below.

http://reporter.blogs.com/thresq/2010/03/lawsuit-says-showtime-hbo-swapped-exlegislators-film-for-soft-core-porn.html

http://splashpage.mtv.com/2009/07/09/warner-bros-dc-comics-win-superman-lawsuit-must-produce-movie-sequel-by-2011/

http://www.google.com/hostednews/afp/article/ALeqM5gJA2-7BRRgMAxlmx4kuMphqQJkVg

Great Networking Tips

        

The entertainment industry is one of the most competitive careers a person can pursue in life.  It takes a certain personality type to deal with people with inflated egos, power hunger production assistants, phony casting agencies, and outright rude directors.  But do not despair there is hope for those who can endure the initial illusion of champagne bottles, lights, and promises of stardom.  In reality landing a job in Hollywood is about having 10% talent and 90% networking ability.  In order to position yourself for the career you desire in the entertainment industry you must make a connection with someone who is already working for the motion picture studio or movie agent you want to work for.  In order to gain contacts in the industry there are a number of techniques you must learn. Here are a few keys to improve your networking. Learn to be a great conversationalist, avoid being apologetic, the art of working a room, and positional nosiness.

Learning to be a great conversationalist can open many doors for the person looking to work in the entertainment industry. Being able to seamlessly blend into the conversations of others without rejection or offense is a great skill.  The person who can grasp this technique will become the center of attention when he or she is speaking. A great conversationalist is viewed as a person who is confident, assertive, and professional. These traits are easily viewed by someone in a position to hire you as a great asset to the company. 

While networking at any entertainment event remember this cardinal rule “never apologize” when engaged in conversations. People who constantly apologize are viewed as weak or easily intimidated. Apologizing displays a person’s inability to handle difficult tasks, unable to meet deadlines, and lack leadership skills when a leader is needed.  Remember that you are socializing for a desired outcome. Perception is everything in Hollywood and the wrong perception could hinder your efforts.

The art of working a room is a great weapon to have in the arsenal of a networker. This one technique alone can gain a person entry into the presence of any CEO in the room. First check your attitude, a person must be able to approach strangers and establish a mutual interest while engaged in conversations. The person who takes on the attitude of “why should I bother to impress other people?” will create a negative energy that others in the room can feel. People will subconsciously avoid you.  Risk rejection by attempting to meet new people. One person may not want to talk with you but may refer you to the person you need to meet.  Keep conversations short without being obvious that you are merely talking to someone to get certain information. Avoid ending conversations abruptly as well. Short conversations allow you to establish more contacts attending the event.

 “Positional nosiness” is defined, as being in the right position to hear information that you were not suppose to be privy to.  Positional nosiness is an act of GOD, it just happens.  A person must be able to seize the moment without appearing as someone who is eavesdropping.  While working on a movie set as an extra, the producer was having a conversation with the casting director about needing a stand-in actor for one of the movie stars on set.  At the time I was in the wardrobe tent and over heard the conversation.  As they were talking I realized that I fit the actors description.  I finished dressing and casually walked out of the tent right past the producer and casting director.  Before I knew it the producer stopped me and asked me to stand- in actor for the movie star.  Positional nosiness is a great way to land a job in Hollywood.  

Networking is a necessary skill to master for anyone looking to gain entry into any industry.  The old cliché “It’s not what you know but who you know” holds true in Hollywood.  Networking is a way to avoid dealing with the gatekeepers of the industry. So remember to practice becoming a master networker and before you know it, you will be working in the industry of your choice.

The business of Managing Film Agents.

So you want to be an actor? A lofty goal with great rewards but the pitfalls and obstacles are many.  To navigate the entertainment industry in the areas of music and film, most people rely on securing the services of an artist manager or agent. For an actor, an agent is the person that would help an actor break into the film industry. The agent and actor would form an agreement in which the agent would secure work for the actor for a fee.   In an recent interview with a industry insider, I learned a different approach to hiring an agent. Our industry insider has appeared in “The 40 year old Virgin”, “Weeds”, and the new television show “No Ordinary Family”. The topics discussed included: why does a person need an agent, what an actor needs before talking to an agent, and the mindset an actor should have when dealing with agents.

According to our industry insider, one of the most common mistakes a new actor makes is misunderstanding that having an agent will guarantee steady work in the film industry.  An agent can only submit you for roles that meet the criteria that the studio is looking for.

If the actor does not meet the studios’ criteria then the agent is incapable of finding constant work for the actor. Our industry expert offered a solution to this dilemma. He stated that the agent must overcome this problem by negotiating with the studios to alter the criteria of the role. The agent must also present his client as the most marketable person for the role, not the most talented. This is key! The more marketable the actor is may affect the success of the project. Marketable actors will help determine what audience will show up at the box office. So in essence an actor needs an agent who is proactive in providing roles based on how marketable an actor is. In the beginning the agent must seek roles for the actor based on volume. As the actor makes a name for his or herself and has an established image, the agents’ focus should focus on higher paying quality roles.  This is the primary function of an agent.  Our industry insider will not sign with an agent who is not capable of this function.

Our industry insider was adamant about actors establishing themselves as an independent business first before signing any contract with any agent. This concept was taken from Michael E. Gerber the author of the best selling book called E-Myth.  The actor is the business and he or she must work on the business and not in it. The actor must establish a personal brand in which every role, television appearance, and radio interview must be create revenue and publicity for the business.  If the actor signs a contract or endorsement deal, having a legal entity in place will help with legal issues that may arise.  Most actor have no idea of this concept, therefore their careers falter when the industry takes a turn for the worst.

Mindset is the most important attribute that an actor must have in place before talking with an agent. Having a mindset of being success is only one part of the equation. An actor must think and operate as a CEO but know when to act as an employee. Too many actors rely solely on talent alone that hinders their career when no roles are available.  The actor must have his or her hands in every aspect of the film industry. When no roles are available, the actor and his agent must create new streams of revenue by pitching scripts, television pilots, and reality shows in which the actor stars in and have ownership in. Our industry insider sees the industry as a numbers game. Audition for as many roles as possible, somebody will say yes. The object is to get your foot in the door and bring your company with you. The agent should help facilitate this process while acting as an independent contractor of the actors’ company.