Filmmaker's Dream Blog

Lawsuits in the Film Industry
Lawsuits happen all the time, but it's always more interesting when it's in the entertainment field open for everyone to probe. I have decided to get the scoop on a few interesting lawsuits dealing with three types of issues. All of these types of lawsuits can help you with figuring out how your legal agreements should go when dealing with your own production company or working for someone else.

1.  'Cowboys and Aliens', was released this past fall of 2011 and held an interesting concept. So interesting, that the true creator, Steven Busti, recognized the storyline came from a comic book he wrote back in 1994, 17 years before the movie was produced and released.  Steven Busti is suing the producers for copyright infringement as well as unspecified damages. Many people questioned if it was just a coincidence or if the producers really knew about the story prior to producing the film. Steven Busti stated that the comic book was featured in the Comic Shop News which also featured a story about Scott Rosenburg, who is the producer for the film. I feel that Steven has every right to sue for copyright infringement. Rosenburg could have simply asked for permission or given a share to Busti for using his concept or story. So far, no producers have responded to the lawsuit. Always protect yourself in situations like these, no matter how small you may view your idea, someone may think of it as a great stepping stone for something they want to create as well. View the story here: Busti vs. Producers of 'Cowboys and Aliens'
2. Ed Helms' stunt double claims a set accident caused brain injuries from the film 'Hangover 2'. Scott Mclean took on the role as a stunt double for Ed Helms in the film Hangover 2 which was released last summer. The film was shot in Bangkok, Thailand. Mclean was badly injured when a stunt went terribly wrong during a car accident scene. Mclean is suing Warner Brothers for a stunt where he had to lean out of a window of a moving truck. Another car lost control and resulted in a major collision.  The stunt coordinator changed the timing on everything which caused the accident to go wrong. Precision and timing is everything when it comes to serious stunts like these. Mclean suffered seizures, speech impediments, brain trauma, and physical impediments. I feel that Mclean has a good reason to sue Warner Bros. for the stunt that went wrong in a situation that could have turned fatal. When dealing with stunt doubles of your own it is important to have agreements, safety, and someone experienced in the medical field on set of shooting your film. View the story here: Ed Helms Stunt Double Sues Warner Bros.
3. George Lucas loses Star Wars copyright case at Supreme Court. The prop designer, Andrew Ainsworth, who created the helmets for the Stormtrooper sues George Lucas for being able to have right and freewill to sell his own replicas for what he created. The supreme court ruled that the director's copyright had been violated in the United States. Although some copyright materials were violated, the court continued to make the decision to allow Ainsworth to sell his replicas. In 2004, Lucasfilm stated that he violated intellectual property rights and has no right to sell them. Lucasfilm also stated Lucasfilm remains committed to aggressively protecting its intellectual property rights”-Lucasfilm. This is a tricky situation, with the film being so iconic any characters or products used in the film are highly noticeable if used elsewhere. At the same time, because the film has been around so long and everyone knows about it, what harm is it really doing by selling a particular costume replica. Also, Ainsworth created those, and without him they wouldn't exist to begin with. I understand both sides to this case, but I think it ended fairly. Always protect your creative content that you do for anyone other than yourself. View the story here: George Lucas loses some rights to Star Wars

References: 
TMZ Staff. (2011, December 1). [Web log message]. Retrieved from http://www.tmz.com/2011/12/01/cowboys-and-aliens-lawsuit-copyright-infringement-comic-book/

TMZ Staff. (2011, August 31). [Web log message]. Retrieved from http://www.tmz.com/2011/08/31/ed-helms-stunt-double-hangover-2-bangkok-thailand-brain-injuries/

BBC. (2011, July 27). [Web log message]. Retrieved from http://www.bbc.co.uk/news/uk-14287864

Although I'm always sharing help and tips for other filmmakers out there, I thought I would share some of my own work. Of course all of my work can be found at www.vimeo.com/lindseypressley. Here is my latest short film I re-edited due to my discontentment. This film was shot in May of 2011 in 6 days right before my graduation from undergraduate school. The first release was July 4th after finally receiving the software needed to edit the film( Final Cut Pro). As time went on, I thought 'I could make this so much better if i take my time.' So, that is what I decided to do. The second release was on Valentine's Day 2012. I received some very positive feedback on it and look forward to shooting the prequel over the summer titled, 'E-manic'. This film is about a stalking maintenance man and a girl who finds herself in a triangle of drama. Take a look at this month's inspirational film, 'Luv.Net'. I wrote the script a couple of years ago and used full creativity, because I didn't think I would be able to shoot it, in turn it actually did work out. I had no crew of a sort. I believe I had one production assistant for about two days of shooting, other than that I was on my own. I held the camera and got to directing. I felt I had full control and a little help could have worked, but I still managed to pull it off. Either way Enjoy!

Managing your own film production is a huge achievement, but it is also tons of work. Aside from all of the basics you learn about filmmaking and business, there's still tons more to know. One thing that you'll have to deal with is conflict. Dealing with a conflict in a film production will arise especially with a larger crew. Your actors will need to relax and be comfortable before performing. Going into a film production company with a positive attitude and knowing how to manage stress will help keep tension low.
      Usually, the film director is in charge of keeping a peaceful environment together. Here are some tips to help you manage your own film production company and help with others.

1. Give a motivational pep talk

• Before everyone starts to get into a frenzy of shooting, let everyone know how valuable they are. Give gratitude to everyone there and make sure everything is calm before starting.  

    2. Be direct

•  No one else is going to be able to read your mind, so stay as clear and direct as possible when giving instructions. Remain respectful but still show assertiveness when speaking. Send emails and reminders before meetings and shoots to keep everyone on the same page. A great way of communicating is to create a group on Facebook or using Google Groups, to keep everyone on the same page.

    3. Don't waste time

•  The biggest value to a filmmaker is time. Don't waste time on petty things that can be addressed later. Prioritize the most important things that need to be completed at that time.

      4. Stay cool

• Always remain cool, calm, and collected. Although you may feel comfortable with the crew and actors, but everyone will be keeping a close eye on how well you manage the set. You don't want anyone telling any prospective teammates that you're difficult to work with. (Joel, 2011)

       5. Treat everyone as a team

•  Everyone's role is very important. From the PA to the lead actor, everyone should apart of the team. When people feel they belong to a team they are more likely to value their position. Let everyone know how their role depends on others and vice versa. This will decrease the risk of people not showing up at the last minute.

**The last important tip is to always have back up plans ready, because  usually Murphy's law will show up.

References:

Joel. (2011, January 15). [Web log message]. Retrieved from http://www.austinfilmmeet.com/resources2/how-to-manage-conflicts-in-the-film-production/

    Becoming a manager for an actor/actress can completely benefit you and the artist and numerous ways. Many artists are so creative they don't always know the effective ways of managing themselves or marketing their talent to stand out and succeed. The entertainment industry is a very tough field and getting out there and noticed is just half the battle. So what is an Artist Manager exactly? An artist manager is someone to help guide the artist in any way possible in such a way that they succeed. Here are some great tips to becoming a manager.
1. Experience and or education is key.
Artists want someone that is going to be able to handle the pressure and hold the knowledge of managing them well and knowing how to get them into fame. Gaining a Master's degree in business management or entertainment business can truly help in this situation. Finding local bands, actors, artists, or public figures and helping them establish their career can gain great experience.
2. Management Agreement
Creating a management agreement will only help the you and the artist to stay on track. If any disputes or complications arise, it's always beneficial to have it documented so both parties are able to review the rules and regulations. Management agreements are divided into eight major subject areas:
1. Appointment of Authority

•     Appointment Designation: This provision designates the manager to perform certain specific acts. It is important that the appointment decisions be made clear.
• Manager's Duties: All of what the manager is to do to help the artist should be laid out on the table and gone over multiple times. Here are a few key phrases used in the artist management world. 
•   To represent the artist as an adviser in all business negotiations. 
• To supervise professional engagements.
• To consult with employers in the entertainment and literary fields.
• To cooperate with and supervise relations with any booking and literary agents whom the manager may from time to time employ with the artist's consent.
•  Power of Attorney: A power of attorney is an instrument authorizing another person to act as one's agent or attorney.
• The Employment Agency Disclaimer: Many management agreements disclaim any duty to employment for the artist.

2. Management Compensation
 When the artist and manager have agreed on what the compensation to be paid for what the manager's services will be, many issues still need to be resolved. Many of the issues may include percentage base, time of payment, reimbursement of expenses,  and other matters connected with the term of the agreement.

• Establishing the Percentage Base: Once the management percentage has been established, after the form of compensation is utilized, the parties will need to determine the base of the percentage to apply. Most managers earn about 10-15% of the artist's income.
• Determining the Time of Payment: Determine when you as the manager will be getting paid. Time of payment may be monthly, quarterly, or semiannually.
• Reimbursement of Expenses: Normally a manager will be reimbursed for all of the direct expenses an artist needs. Depending on whether or not the artist's money is at stake, may determine a negotiation between the artist and the manager to where both are able to benefit. 

3. Exclusivity: Representation of the manager is very important. Usually the artist grants the manager an exclusive right of representation, but the manager is not obligated to the same provisions as the artist. The basic reason for this one-way type of exclusivity is to capture the unique talent of the artist. It's virtually impossible to duplicate the style and personality of another artist.

4.Terms, Options, and Extensions: The term of the manager agreement is important so both parties know how long they are obligated to abide by the rules set between the manager and the artist. Options should always be considered, because things change constantly and you don't want to feel trapped in a situation. Extensions are also helpful, a future project may arise and may take longer than expected and an extension may be needed.

5. Termination: No one wants to go through any type of termination or cancelling of anything. Everyone wants to hold strong and positive relationships to avoid negative emotions. While managers always hold hope and anticipation for their artist, goals and plans may not always stay up to par.
 (Frascogna, 2004)
Now that you're aware of some pretty important tips when becoming an artist manager or know what has to go in, you can get an idea if this is a job you think you may want to pursue.
What's the difference between an agent and a manager?
The difference is quite simple, an agent takes care of booking for shows, movies, etc. A manager oversees everything helps the artist succeed including contacting agents to help with booking.

Reference: Frascogna, X. (2004). This business of artist management. (4th ed., pp. 50-60). New York: Crown Publishing Group.