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Showing posts with the label lawsuit

PRODUCTION JOURNAL: THR's Interview with Nicolas Chartier on Anti-Piracy Crusade and Why Union Workers Need Less Pay

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The Hollywood Reporter recently interviewed French producer, Nicolas Chartier . You might know him for the Oscar-winning films (The Hurt Locker and Dallas Buyer's Club) his company, Voltage Pictures , has produced. Or you might know him as the guy who went on a tirade about union workers. Or you might know him because he sued you for illegally downloading The Hurt Locker and his other films. Love him or hate him, in The Hollywood Reporter's recent interview with him he speaks clearly about the success and difficulties of filmmaking including how he has charted a path producing both indie dramas and action films, why a union-worker should not be paid so much and why piracy has made him have to shoot 5 films instead of 10.  +++++++ Nicolas Chartier  has an issue with impulse control. The 40-year-old France-born president of Voltage Pictures — which, since it opened nine years ago, has been releasing a steady stream of Oscar-nominated dramas ( Dallas Buyers Club ), ...

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 3

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In parts 1 and 2 , we covered the reality of being sued and ways to minimize the chances of that happening (and losing) by essentially displaying common sense, taking the time out to make sure 'things are what they seem' and getting everything in writing.  Producers and filmmakers with money hire lawyers and others to do all that work for them so they can focus on the fun stuff like directing scenes or hobnobbing with actors and financiers. The true no-budget filmmaker can't hire a lawyer to do the work but the work still needs to get done somehow.  This series has been an attempt to provide no-budget filmmakers, like you, some guidelines to help you organize and minimize your risk.* INTERNS.  'Everyone loves PA interns cuz they work for free, right?!?' Wrong. The Blackswan case was a wake-up call for the industry; your interns are not a way to get free labor.  For far too long, interns have been used in abusive manners (even if the producers didn't i...

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 2

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The second article of a 3-part series In part 1 , we looked at the reality and possibility of being sued for creating art and entertainment followed by ways to avoid legal problems with the script and other artworks used in making the film.  As we all know, the main (but not only)  reason why you as a producer would hire a lawyer is to avoid lawsuits.  Although it might not seem like it when you are itemizing your production budget, it is money well-spent (provided you get a good lawyer).  However, in this day, age and economy, there are filmmakers who literally have no budget. But even without a budget, you are still vulnerable to lawsuits so you need to do what you can to protect and defend yourself.  That's why I place so much emphasis on documenting everything you do and keeping it in a safe, accessible place.  This protects you and minimizes the risks you face.  In part 2, let's look at what you can do when dealing with actors, crew, locatio...

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 1

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The first article in a 3-part series. The main reason why producers hire lawyers is to avoid lawsuits.  However, a good production lawyer can offer more than that. For example, she can help formulate a strategy to take the film on a successful festival run or negotiate a deal at a film market or lend a project some legitimacy or advise on how to attract and raise the necessary funding or even provide some creative feedback that could be crucial to the production's success. But no lawyer kids themselves into thinking those are their main selling points... they know that while they can do all that and a bag o'chips, the main reason producers hire lawyers is to avoid a lawsuit (or so that the distributor or studio who buys the film avoids a lawsuit). So hiring a lawyer should be a no-brainer, right? But the truth is it doesn't happen.  And the biggest reason why is that lawyers cost too much.  Now that's a reasonable excuse because lawyers ARE expensive.  But onl...

PRODUCTION TIPS: Get the Right to Make Changes... Or Else

So you're a producer with a hot property optioned from a novelist who gave you the right to shoot a film based on her novel.  You have all your agreements signed by your above-the-line and below-the-line people and your production is ready to start.  During the development of your film, you choose to make major changes to the story that you think will make it more engaging, more artistic and/or more marketable.  Then your phone is blowing up with calls from the original author on which your production is based.  She's pissed off with the changes but you're not worried because she signed your contract and she can't do anything to stop you.  Or so you think. You and your lawyer look at the contract and he notices the following: that while you did obtain the right to represent the work, you DIDN'T obtain the right to make alterations, changes or modifications to the characters, stories or text created by the original author in the first place. As Gordon P....

PRODUCTION TIPS: Use Interns in Your Productions the RIGHT Way... Or Else

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The Black Swan case and the Casting Society of America's recent announcement to cease internship job postings  reflects a new world when it comes to using interns in the entertainment industry.   The federal and state labor laws are pretty straightforward when it comes to interns,  “If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled to compensation under the  Fair Labor Standards Act  (FLSA).”    Although it might seem unfair and a break from tradition to producers who remember the good ol' days(?!) when they were the interns themselves or who mean no harm because they are just trying to save as much money as possible for the benefit of the production, it really isn't. Using interns is not an excuse to save money or an opportunity to use free labor, it is an opportunity to teach and hone new ta...

PRODUCTION TIPS: Avoid Using a Movie Title Already In Use (Lessons Learned from The Butler ruling)

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So the verdict came in and  a MPAA title registration bureau arbitration ruled Tuesday that The Weinstein Co. could not use the title  The Butler  on its upcoming film, due to be released Aug. 16, because that previously served as the title of a 1916 short film that now belongs to the Warner Bros. library .  High-powered attorney, David Boies, fresh off his Supreme Court win, issued the following statement, "The suggestion that there is a danger of confusion between The Weinstein Co.’s 2013 feature movie and a 1917 [sic] short that has not been shown in theaters, television, DVDs, or in any other way for almost a century makes no sense. The award has no purpose except to restrict competition and is contrary to public policy."  Basically, the MPAA title registration bureau decided that the market at large (meaning you and I) would confuse 2013's The Butler, a feature film about an African-American butler serving at the White House for 34 years, with...