Sunday, May 29, 2011

TV: Talent/Music Clearance


Speaking with the legal department at Great American Country TV has opened my eyes to how important getting the clearance to use content and music for productions is. At Great American Country content that is produced usually includes country music stars. When shows are shot with these artists it is very important that release forms are signed so the company knows what rights it has to the footage. At times artists will sign the form provided by GAC but some artists prefer to create their own release form. These forms prohibit GAC from distributing the content certain places, like the internet. Keeping these forms on file is important so future productions can reference the release forms and see in what ways they can or cannot use the content. Failure to abide by the signed release form can result in legal issues for Scripps Networks.

With GAC Being a music television station a lot of what is played over the network is music videos. When music videos are used in a show or video block we must be sure to keep track of how long the video is played, and report that information to music publishers so the proper parties can be compensated. This is all done by composing music cue sheets. These cue sheets hold basic information about the song or video, the writers, composers, publishers, the total time used, and how it was used. Once the cue sheet is completed for each episode it is then turned into companies like SESAC and BMI and the writers are compensated for their work that was used.

It will be important for my company, RJM Productions to conduct business just like GAC. Filing all the correct paperwork for using music and art will help to prevent legal issues further down the road. As stated in our text it will be crucial to get started on this early in the production process so its not to late to change something that clearances are not received for.

Sunday, May 8, 2011

Intellectual Property

TYSON'S TATTOOIST SUES OVER 'EXPLOITATION OF HIS ARTWORK' IN FILM
Ed Helms in the sequel to The Hangover
Ed Helms in the sequel to The Hangover

The man who designed Mike Tysons's facial tattoo recently filed a lawsuit against the studio behind the highly anticipated upcoming sequel to The Hangover.

The artists claims that "the filmmakers have illegally re appropriated his artwork." Artist S. Victor Whitmill considers what the film has done to be "unauthorized exploitation." He is asking the Missouri federal court to prevent the production company behind the film from releasing the movie.

When the artist originally created the tattoo he took out a copyright on it. The use of the same piece of art being used on the actor in the film constitutes copyright infringement is the point the artist is trying to make.

I do feel that using such an iconic tattoo pattern that many people will recognize was a risky move by the filmmakers. The pattern is just like a piece art on the wall, in the case of artwork proper clearance would definitely be sought out. I think that they filmmakers are in the wrong for copying the pattern without approval. Though I think that the artist asking that the film should not be distributed is a little much. If the tattoo was was featured heavily in the plot of the film I think then yes he could ask for such a thing. But currently how it is used I think they should just settle for some sort of compensation and call it a day so all parties are happy.

http://www.independent.co.uk/arts-entertainment/films/news/tysons-tattooist-sues-over-exploitation-of-his-artwork-in-film-2278076.html

DISNEY ENTERPRISES INC. V. DISH NETWORK LLC, 11-CV-2973, U.S. DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK (MANHATTAN)

Disney has stated that "Dish's unlawful distribution, transmission, copying and public display and/or performance of the Starz programming, including Disney Enterprises' copyrighted movies, has already resulted in the repeated and continuing infringement of plaintiffs' copy rights." From reading the overview of this case it seems that there is a few issues. Although Dish states that they pay large sums of money for the right to distribute Starz and Disney programming the fact that they do not have access to the contract between Starz and Disney can cause confusion between the companies. Without Dish having insight to what Starz has agreed to, I think it may make it difficult for them to have a complete grasp on all the rules and regulations of the contract. In turn causing legal issues like this to arise.

http://www.businessweek.com/news/2011-05-04/disney-directv-royal-orchid-sony-intellectual-property.html

CANADIAN MOVIE PIRATE ARREST WAS "PERSONAL FAVOR" FOR STUDIO EXEC

Geremi Adam is a cammer for the "maVen" movie release group who was recently arrested. Over the past years he has been convicted of distributing copies of several Hollywood films. I feel that these are the type of people that need to be gone after and prosecuted to the fullest extent. I find it very interesting that the RCMP said that they do not view illegal camcording as "a major issue." With piracy being one of the biggest things that is hurting the film industry, it surprises me that they feel this way about the topic. If we could go straight to the source and cut them out there will be no media to post for download on the internet, in turn cracking down on the illegal downloads in distribution of movies.

http://www.zeropaid.com/news/93332/canadian-movie-pirate-arrest-was-personal-favor-for-studio-exec/