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Jason Brubaker From Filmmaking Stuff Teaches You How To Make, Market And Sell Your Film

September 22, 2014 by stefan

 

Jason_Brubaker_Filmmaking_Stuff-3As a weekly blogger on the business side of the entertainment industry, people often ask me what blogs I myself follow on the subject. To stay on top of things I read a handful of blogs regularly.

My favorite kind however are the ones represented by individuals who have real world experience in the entertainment industry and have real actionable advice to share. Anyone can tell you what works in theory but the real value is when you find those folks who have followed their own advice and carved out success in this very competitive space.

When it comes to Independent filmmaking, two of my favorite blogs that fit everything I just described are GoodinaRoom.com and FillmmakingStuff.com. Good in a Room is run by my friend Stephanie Palmer and I have interviewed her in the past which you see here. But today was my first chance to sit down one-on-one with Jason Brubaker from Filmmaking Stuff who I have been following on a regular basis for quite a while now.

Jason founded his website to show you how to make your film, sell it, distribute it, market it and all types of great information that you need in this new age of digital distribution. Not only that but he puts out an incredible amount of content that is really high quality and has done a great job building his reputation and brand in this space as an influencer and thought leader.

Jason has been at speaker at Sundance and countless other filmmaking events and conferences in L.A, and is an expert on the topic of the latest changes in Independent filmmaking and distribution.

Below is my conversation with Jason and, as always, we have highlights of the video below it for your convenience.

 

 Interview Highlights

0:52 Jason greets and introduces himself and tell us his specialties and the purpose of his Website.

1:17 Find out what inspired Jason to start his site and how working on his own feature film made him realize the traditional way of creating and distributing a film was flawed and not for him. Jason explains the steps he personally followed to maximize the selling of his film.

2:04 “Make, market and sell your film without the middleman!” Jason explains his companies mantra and shares with us what is now available to filmmakers to create their own studio and manage the sales, marketing and distribution of your product without the need for the traditional middle man eating into the profits.

2:55 How some savvy filmmakers have learned to control their production from ‘script to screen’ and maximize the profits for their films. and how you can do and should be doing the same!

3:12 What is the future of the traditional model for film distribution? Jason also explains what the difference is between what the big studios are doing and what the independent filmmakers should be doing and why they are different.

3:42 Jason explains the importance of internet marketing for filmmakers, how he learned pretty quickly how to drive traffic to his website to make more sales, and how you can do the same.

4:13 Learn how social media impacts your film and how to get the audience for it by working  with people who have huge social media followings as a team to potentially help your movie.

4:54 Jason teaches exactly what he means by ‘sourcing an audience’ and what your goals are once you know who your audience is.

6:30 Jason shares his most important and key concepts from his super popular ebook ‘The Filmmaker Checklist’ which contains everything a filmmaker needs to get the audience they want, how to manage those results and the tactics to convert that into sales.

7:16 Answering one of my favorite questions, Jason explains some of the biggest struggles he had in building his entertainment business. Find out the one and most important lesson he learned about how to succeed.

8:20 What is the one question Jason asks himself before making any business decision? Hint: It’s what has allowed him to make sure he is providing information his target market eats up and always want more.

8:44 Jason shares one funny ninja trick he uses to exercise time management and make sure his daily actions are having the biggest impact on his business.

9:14 Jason shares his contact information and invites the Lawyers Rock audience to reach out to him anytime they might need something from him or have questions.

e: jason@filmmakingstuff.com

w: www.filmmakingstuff.com

Bonus! Free downloads for Filmmakers http://makeyourmovienow.com

Wow! Pretty awesome interview. Jason is a wealth of great information for independent filmmakers and it was a real pleasure having him on to share with you guys.

Show him some love with some comments below and Ill see you next time.

Richard

P.S. If you are an independent filmmaker, make sure you have agreements in place to protect your work! You can find my very affordable agreement package here.

 

Filed Under: Entrepreneurs

Interview With Chica Intelligente: Digital Marketing For Entertainment

September 2, 2014 by stefan

katrinaI talk about Branding A LOT on this website. That’s because when it comes to the Entertainment world branding is not just another industry buzzword it is truly important to success. As the entertainment industry continues to put more emphasis on working with people who have their own fan influence via huge social media followings, branding will just continue to grow in importance.

Branding is so important in my opinion I’ve made it one of the main categories that you will learn about here on this site along with, Music, Reality TV, Independent Filmmaking and Entertainment Entrepreneurship.

I do have a confession to make however. I did not come to the realization of the importance of branding all by myself. Actually today’s guest was one of the biggest influences on me in realizing the importance of branding in entertainment.

She is Katrina Jefferson, the owner of a digital branding agency called Chica Intelligente, LLC (and more importantly she is my wife!).  In her business she focuses on helping entrepreneurs and entertainment industry folks using social media and other digital strategies to increase their value.  In other words, she helps brands, talent and companies increase their following so they are more attractive to the power players and have a better overall marketing strategy.

To learn some great tips on branding in entertainment watch the video. We also have highlights in text below the video. Enjoy!

( 1:00 min) : Katrina tells us about her company Chica Intelligente, a digital marketing company and she explains what services her company provides.

( 1:35 min) : Katrina has worked with some huge companies on their digital marketing strategy (Red Bull, Ford). She tells us the one challenge she sees over and over again that these different companies face.

(2:34) : What is a mistake that Katrina sees over and over again when it comes to social media campaigns?

( 2:48) Katrina explains EXACTLY what type of content you should be promoting to your social media following.

( 4:02) She gives us her BEST tips on running a successful campaign including how long ahead of time the campaign needs to be prepared and planned for and why.

(5:27) Katrina gives us her top list of big brands that are absolutely killing it online with great social media campaigns. And what you can do to copy their strategies for your own entertainment business.

(6:07) She explains what inspired her to create her company.   She also shares what things are inspiring her to continue her success in the field of entrepreneurship.

( 7:14) Katrina tells us about the importance of giving back and why it is so key for her and her company. She explains how she started a program called Souled, this project shows children how to become entrepreneurs.

(8:23) Katrina tells us about one of the biggest challenges she had with a client and how that experience pushed her to work even harder on her company.  She also shares that after that more doors opened up for her as she inspired herself to become even more creative and that helped start the programs that she is now able to create.

I hope you got some great information on Branding and Social Media from this blog post. The funny thing is that I have been trying to get Katrina on for months for you guys but we had a hard time nailing down a time. Considering we live together that shows you how busy we both are!

If you would like to reach out to Katrina you can find her at some of these places online.

Twitter: chicaintelli@twitter.com

Email: Katrina@chicaintelligente.com

Web: chicaintelligente.com

 

See you next week!

-Rich

Filed Under: Entrepreneurs

From Script To Screen Part 3 – Film Post Production

August 26, 2014 by stefan

film-post-productionYou are finally done with all your filming! So does this mean your ready to release your project to the world? Well unfortunately NO! You have completed the first 2 of the 3 steps necessary to take your work from script to screen. But, its not quite over yet and there is still plenty of work ahead.

Now that you have all your footage you are  entering into the Film Post Production process.

As you will recall the first two steps of filmmaking are: Pre-Production and Production.

In “post” is where all the editing takes place and all that footage is cut down into a compelling story that will hopefully resonate with your audience.

Overview of Post Production

  • In Post-Production individual shots and cut scenes, called raw footage, are turned into a finished polished motion picture experience that hopefully the director is pleased with.
  • By now, the Film Editor has assembled a rough Cut from the Dailies, which is the raw footage from each day’s shooting.
  • The Director will oversee the Editor to splice all of the usable footage together into a coherent story line according to the script, including the Director’s style for the film.  After the allotted amount of time the Director will lock his/her cut of the film.  This is known as the “Director’s Cut”.
  • The Director’s Cut of the film will be shown to the Studio or Network and notes will be given by executives.  The notes will be addressed and implemented.
  • The film will be officially “Locked”.  From this point on, not a frame of film can or will be changed.

All the work on a film or a television program that takes place after shooting or videotaping is completed, occurs in post-production.

From this point on, all of the following will happen simultaneously; music, sound, the final mix, Computer Generated Imagery (CGI), color correction and timing, finishing on film vs. digital.

Music

Music Spotting

  • The spotting session is when a director and composer get together to watch the film and decide where the music is going to be and what it’s going to do.  The Director discusses type, mood, tempo, characteristics, and positioning of music with the films composer.  This occurs before the composers starts writing the music.

Music will be Composed

  • The Composer will write a musical score for the film based on the Director’s input and vision to create dramatic or comical effects in the background or to enhance the narrative. Although this is in the background it really impacts the mood of any scene.
  • The music that is composed will either be digitally created or recorded with an orchestra.

Pre-existing Music will be Arranged

  • The Music Supervisor will acquire and license music from other areas that will be used in the Film / TV Episode. It can be complicated to find out who owns the rights to music and how to go about acquiring those rights for the project. That is why a specialist like a Music Supervisor is used in these situations.

Sound

It is important that Soundtrack is very well done, with full sound effects and clean crisp dialogue.  Various departments will handle each aspect of sound with a list below of the typical groups.

Dialogue Editor

The Dialogue Editor cuts the Dialogue tracks and cleans up the dialogue. Examples of what they are looking to correct are overlaps and rough editing between words among other things.

Foley Editor

A Foley Editors job is to actually create “Sound-alikes.” Effects such Footsteps, the rustling of clothing, breaking glass, horses hooves, etc.  all make a scene seem real. This work is done in whats called a Foley room where sound effects are recorded and a Foley Artist records these sound effects live while they are watching the movie.

Sound Effects Editor

A Sound Effects Editor records sound effects and actual location along with taking effects from existing Sound Effects Libraries. They also record and edit the Walla, which is the indistinguishable sounds of people talking in the background (crowd murmur). The Sound Effects Editor also combines all the effects, including Foley, the recorded, and existing sounds on separate multiple tracks for use in the final Sound Mix

ADR – Automated Dialogue Replacement 

ADR is when the actors are brought in to Sound Studio to record specific Dialogue for the purpose of:

  • Improving Performance
  • Enhancing Performance
  • Adding sound ( For ex: Grunts in fight, breathing)
  • Adding Off-Screen Dialogue
  • Clarifying and explaining story points
  • Fixing a problem with a scene

All of above is cut into the film by Dialogue Editor.

The Final Mix

The final mix is possibly the most exciting time in the film making process.  It is where the film comes completely together.  This process can take anywhere from a few days to a few months, depending on the size and scope of the picture.

  • All of the following are present in Sound Room with console and large screen:  Director, Producers, Editor, Sound Editors, Mixer and Crew, Composer, Music Supervisor.
  • All of the component sound parts of the film are added step by step for the first time; Dialogue, Music, Special Effects, Walla.
  • A “Mixer” starts and stops them at various points.  The Mixers work off of cue sheets and equalize all sound to get the best results.

Computer Generated Imagery

CGI is the use of computer generated graphics in film or TV to create images that would be otherwise impossible or incredibly expensive to create in real life.  For ex: Monsters, Other Worlds, Natural Disasters and Aliens.  This widely used now in films such as, Avatar, Transformers, Matrix, Planet of the Apes, etc.

  • During the Post Production, using powerful computers, animators and digital effects artists can construct fictional worlds and virtual characters that are so lifelike and convincingly real that the audience completely suspends its disbelief.
  • All done in Post Production, CGI is combined with the use of Blue or Green Screen shots during production that allows the actors to interact with the computer animation.  Once completed, all CGI shots are inserted into the final cut of the film to blend in without notice.

Color Correction and Timing

  • Adjust the color to an aesthetically pleasing look
  • Matches color from shot to shot to keep consistency colors and color temperatures
  • Usually works off of flesh tone that should be kept normal

 

Finishing on Film vs. Digital

Traditionally, Movies and TV shows have always been completed on film.  Within the last approximately 25 years though, digital completion has become the standard.  Here is a comparison between Film and Digital Video completion and how it works.

Film

  • Movie / TV Series would be shot on Film, and Negative would kept in temperature controlled vault
  • Editor would cut dailies on work print, which is rough copy on film of what was shot
  • Cutting would be done on manual machine such as Upright Moviola or Steenbeck
  • Film would be cut by Guillotine and a attached by Editing Tape
  • Once film was completed, it would be matched back to original negative by a Negative Cutter
  • Film would be manually Color Corrected and Opticals will be inserted
  • Release Prints would be created and sent out to theaters

Digital

  • Movie / TV Series is shot on film or Video, either to Tape, Digital Video Card, or Hard Drive
  • Dailies will be uploaded or digitized by Assistant Editor and conformed to low-resolution to be ready for editing
  • Editor will cut on Non-linear Digital Editing System such as Avid or Final Cut.  All opticals and transitions will be placed in film as it is cut
  • Cutting of Film is completed and EDL, ( Edit Decision List) is generated for Online completion
  • Like the Negative cut of Film, the Online Session in Digital will use the EDL to match back to the original High Resolution Masters
  • Film will go through Telecine – Color – Correction
  • Film will be completed for theaters or prepared for TV broadcast

Don’t forget the paperwork

Of course, everything that has been mentioned in this series must have an Agreement or no distributor will touch your project.

If you are an Independent Filmmaker I offer an affordable package that will give you the basic agreements you need for any film project. Film Agreement Package

It’s A Wrap!

Now that Post Production is done your project is ready to be released to the world and gain you millions of adoring fans (well let’s hope so, critics can be so harsh!)

I hope you enjoyed this 3 part series on TV/Filmmaking production as much as I enjoyed creating it for you. If there is enough interest I may turn the whole series into one free, easy to download Ebook. If you would be interested in that leave me a comment below.

Take care and see you soon.

 

 

Filed Under: Indie Films

From Script To Screen Part 2 – Film Production

August 17, 2014 by stefan

breaking-bad This week we are jumping right into the thick of things with an article about Film Production. This is part 2 of my 3 part series on how films are made called ‘From Script to Screen – A Guide To The Film-making Process’. When your done reading it you will have  a very good idea how scripted television and film production works.  If you haven’t read it yet I highly recommend you check out part one of this series from last week on Pre-Production. Pre-Production is key to the whole process and if you have done a good job there you will be ready to actually create your film. In part two we will be discussing Filmmaking Production.

Overview of Filmmaking Production

Also known as Principal Photography, or the Shooting Period, or  just ‘The Shoot‘.  Production is the time when the Film or TV series is actually being recorded on film or tape. The screenplay has been signed off on, the Pre-production plans have been meticulously planned out and now your ready for the performance! It is extremely important to execute well during the shoot because unnecessary mistakes costs everyone time and money. There are dozens of people waiting around during the shooting and they are all getting paid.

Length of Principal Photography

Let’s take a look at the standard length for different types of projects.

Feature Film

  • Low Budget:

A low budget feature is typically filmed for approx. 3-8 weeks. With an emphasis on controlling costs low budget features cannot afford to have meticulous directors filming shot after shot.

  • Big Budget/Studio:

A big budget Studio Film is typically filmed for approximately 2-6 months, but this will vary heavily on complexity and the scale of the production. There are always exceptions, especially for great directors. Stanley Kubrick films were notorious for going way over schedule with Eyes Wide Shut taking 15 months to complete shooting.

Television

  • The production period for each television Episode typically ranges between 7 – 11 days.  One episode is shooting while another show is in Pre-production, and another episode is in Post-production. This is a constant cycle during the season, of episodes being in one of these 3 different states.

This type of scheduling makes a big difference for the people working on a television series vs a feature film.

The Movie and Shots

What makes up a movie and what is a shot?

Scenes are a collection of shots and all the scenes edited together make up the movie.

Types Of Shots

There are two types of shots.

  • Camera shots:

This is what goes on between the press of the camera start button, until the camera is shut off.

  • Editing Shots:

The camera shots are edited in length and duration, and placed next to other shots to create a scene in the final film A shot varies in sizes composition, movement, action and lighting.

Coverage

What is Coverage?

Coverage is a film production term that refers to shooting a scene, utilizing a variety of shots from different angles and compositions. The amount of coverage you acquire is going to directly affect what the Film Editor is able to do in Post Production. The  editors main purpose is to use the coverage to weave the scenes together into a compelling, visual, and emotional experience for the audience while still pleasing the director. The more coverage that is captured of course the more footage the Film Editor will be able to work with in post production. Generally the more they have the happier they will be but this all has to be weighed against the realistic cost and time of capturing that coverage. The Director and the Director of Photography (also known as DP or Cinematographer) are responsible for getting the Coverage.

Anatomy of a Scene Shot

Let’s take a detailed look on the steps for how a scene is shot. This spells out in order what actions typically take place every time a scene is shot and who is responsible.

  1. First Assistant Director brings actors on set.  Crew stands by as director rehearses and blocks scene with actors.
  2. Final run-through of blocked scene as crew watches.
    • Camera Assistant takes measurements and puts tape marks on floor
    • Sound gets levels
    • Operator action with camera
  3. Once Director is satisfied with blocking, the First Assistant Director sends actors back to wardrobe and make-up to prepare
  4. Director and DP finalize shots to be taken and needed coverage
  5. Director of Photography begins to light with lighting department.  (This usually takes a substantial amount of time)
  6. Art Department makes final touch-ups to set
  7. When the set is completely lit, and ready to go, the First Assistant Director signals to the Second Assistant Director to bring in Actors, extras, or whoever else is required on the floor
  8. It’s finally time to shoot. The 1st AD will call for quiet, and then instruct the Sound Recorder, and camera to run
  9. 1st AD says “Roll Sound” – Recordist responds by saying “Rolling”
  10. 1st AD says, “Camera” – Camera Assistant responds by saying “Speed” (When Camera is at correct speed)
  11. The Assistant Camera on slate announces scene, number, take and slates shot
  12. Director calls “Action” and will carefully watch shot progress
  13. Script Supervisor will take notes of action and dialogue on Continuity sheets.  He/she will note any alterations in the script, performance, or camera movement during shot.
  14. Shot runs it’s duration.  At finish, Director says, “Cut”
  15. Director makes judgment on performance, and checks to make sure if technical crew are satisfied with results
  16. If Director or crew is not satisfied, the Director will make changes and necessary adjustments, and call for another take
  17. If Director is satisfied, he/she will say “Print Take.” Script Supervisor will make note
  18. 1st AD will state “Moving On” to the crew

About Shots

What are the necessary shots to get when shooting for coverage?

Establish Shot

The Establish Shot is meant to immediately let the audience know where the scene is happening. It is important because it shows the general environment that the scene is taking place in; for example the city, street, beach, etc.. It also shows a character in relation to the environment. For example: man walking down the street or standing by the bar etc..

Master Shot

The Master shot is a shot or series of shots that encompasses the entire scene from start to finish. It is shot in a way that keeps all the players in view. Imagine it as if you were watching it from a seat in an audience in a staged play.  This may serve as a blueprint for the complete scene, with blocking included.

Medium Shot (MS)

In a medium shot the actor is the center of attention – usually show on film from waist up. The Medium shot has the following variations; Two or more, Over – the – Shoulder Shot.

Close Up (CU)

The close up tightly frames a person or object and is usually the head and face of the actor.

Extreme Close Up (ECU)

Very close tight shots that emphasize an actor’s facial detail. With the rise of popularity in HD this can be extremely detailed which isn’t always fun for the actors!

Wide Shot or Long Shot (LS)

  • This shot shows the full body shot of actor and is usually intended to show their surroundings as well so you know the context.

High Angle

  • The camera is positioned higher than the actors.  This shot often demeans characters, and diminishes their importance in scene.

Low Angle Shot

  • The camera looks up the actor, from somewhere between waist level and ground level.  This serves to makes actors look very powerful and in control. It can be used to convey a subconscious message to the audience on how they should perceive a character.

Point of View (POV)

  • A POV shot represents the physical viewpoint of a character in the scene.  This shot illustrates what the character sees through his her own eyes.

Other Types of Coverage Multi-Camera coverage is used on specific types of shows, often in front of a live audience.

  • Multiple cameras can take different shots of a live situation as the action unfolds chronologically.
  • Productions can be filmed or taped faster than single camera.
  • Most often shot on stage.  Director usually works from a booth.

Lighting

Let’s discuss Lighting in a film. Lighting in is extremely important in making actors and everything else on film look good and convey the right mood for scenes.

  • Illuminates the action and characters
  • Sets up a mood
  • Accentuates specific aspects of a scene
  • Embellishes the style of the film
  • Instills a specific feeling in the mind of the viewer

What is the basic lighting setup?

Below is a diagram of the basic lighting setup. This setup applies to interior and exterior shots and serves countless variations on the Long, Medium, and Close-Up. three point lighting Keylight

  • Keylights supply the main light for a scene
  • Usually keylights are set up in front or above a subject
  • Depending on the scene to be filmed, keylights may be hard or soft
    • Soft: With diffusion – accentuates romantic or ethereal quality of scene
    • Hard: Accentuates realistic, hard edge quality of scene

Backlight

  • Separates a character from his/her background
  • Gives form to hair and clothing (which might blend into background under different circumstances)
  • Usually Backlights are set up at a 45 degree angle from backgound

Fill Light

  • Extremely important in balancing the keylight that has been placed on the side
  • Used to pick up background detail
  • Fill light serves to adjust shadowy areas

Call Sheet

The call sheet is a sheet of paper normally created by the Assistant Director that informs everyone working on the film where they need to be and what they need to do a particular day of shooting.

Here are some more details about Call Sheets.

  • Given out after wrap every day to inform Cast and Crew exactly what is expected the next day
  • Includes all departments and all requirements
  • Includes anticipated weather
  • Includes locations
  • Corresponds with Shooting Schedule
  • Includes amount of shooting time in a given day: Sun-up time / Sundown time

 

Well that’s a wrap on the production portion of the filmmaking process! Next week I hope you will join me as we go through a step by step rundown of post production. If you want to learn the business side of Entertainment, click here to download my Free Ebook teaching you what you need to know!

Filed Under: Indie Films

From Script To Screen Part 1 Film Pre-Production

August 11, 2014 by stefan

film pre productionVery excited to bring you my 3 part series on how films are made. It’s called ‘From Script to Screen – A Guide To The Film-making Process’.

When your done reading it you will have  a very good idea how scripted television and film production works. 

If you haven’t read it yet I highly recommend you check out last weeks post all about screenplays. As pointed out in that post you need the screenplay before you even get to step 1 of creating the film.

So after the screenplay is set and ready to go, films can basically be broken down into three parts. Pre-Production, Production and Post Production.

In part one we will be discussing Pre-Production.

 

Overview of Pre-Production

“If I had nine hours to chop down a tree, I’d spend the first six sharpening my ax” -Abraham Lincoln

That is one of my favorite quotes and it perfectly applies to how you should think about the “Pre-Production” phase of film-making.

The primary purpose of pre-production is to design and plan every step of creating a film or TV show.

 

What’s Already Been Done Before Pre-Production Starts?

  • The script has already been completed except for maybe some minor rewrites and polish.
  • The film or TV series has already received the official green-light by the Studio, Network or Investors.

What Happens Next

  • The production company is created and a production office is established.
  • The production is story-boarded and visualized with the help of illustrators and concept artists.
  • A production budget is drawn up to plan expenditures.
  • For major productions, insurance is acquired to protect against accidents…and lawsuits!
  • All the financial logistics are worked out. (how and when people are paid etc…)

 

Pre-Production Length

Since Pre-Production is the first of the three stages, it will set the pace for the rest of stages of production. The amount of time spent in pre-production varies based on the type of project.

Features:

  • Low Budget/Independent Film: Typically 4-8 weeks.
  • Big Budget / Studio Film: Can be anywhere from 2 months to a year or more, depending on complexity and scale of the production.

Scripted Television:

  • This works in a constant cycle with one show in pre-production while another show is shooting.
  • Pre-Production per Episode is about only about a 1-2 week process.

 

So What Actually Happens During Pre-Production?

To sum it up simply, all preparations need to be made for the shoot. Every step of creating and producing the film is carefully designed and meticulously planned in this phase of the project.

“The more effort that is put into the pre-production phase the easier and more successful the film will most likely be.”

 

Filmmaker Roles

Let’s take a look at some of the roles that are defined for film-making.

The Director

The Director is absolutely the most influential creative force of the film.

Here are some of the most important duties of the director during pre-production:

  • Determines the style and visual look of film.
  • Begins the Storyboarding and shotlisting (Lists shots for each scene in entire film and Works with Storyboard artist to draw and visualize shots).
  • Meets with all the departments to discuss specifics of film as it relates to their department.
  • Helps cast and rehearses with the Actors.

Casting

Selecting talent for the film or TV production ( The lead actors may have already been cast.) Sometimes a bigger film will get green-lighted based on casting a specific actor.

Production Budget

The production budget is formulated and approved. This determines how much money will be spent on the film. It is important that the estimations are as accurate as possible to avoid going over budget.

Crew Members

The crew members are selected and hired. The crew members are typically everyone who works on the film that is not the director, producer or cast.

Locations

The locations are scouted out and chosen. Producers are making decisions about location more and more based on the money and tax incentives they can receive from the state or country. See my post here about the best film locations for tax incentives.

Sets

The sets are designed and built.

Visual Effects

The visual effects are discussed and designed.

Stunts

The stunts are coordinated.

Camera or Make -up Tests

Tests Performed

 

Pre-Production Role and Responsibilities

Now lets look at some of the roles and responsibilities in pre production.

Producers

Here are the most common types of producers.

  • Executive Producer (or “Show Runner” in TV)
  • Producer
  • Line Producer ( Commonly DGA Production Manager)
  • Associate Producer

The producer is responsible from the start (conception) to the end (distribution) to deliver a high quality project that is well received, comes in under budget and makes a profit!

 

Director

The director is ultimately responsible for everything that goes on screen.

Responsibilities include:

  • Directing Actors and getting the best performance
  • Shotlisting and designing all visuals from camera

 

Production Manager

The production manager

  • Manages the Production Budget and Production Schedule.
  • Hires crew, arranges insurance, and makes deals with Unions.
  • Reports on behalf of the production to the studio executives or financiers of the film on the progress of the film.

 

First Assistant Director

  • Logistics of Film / TV Series
  • Works closely with Director in all aspects of production, facilitating and communicating
  • Schedules Film / TV series
  • Runs the set
  • Oversees Unions ad Guilds on the set DGA, SAG, AFTRA, IA, Etc.
  • Oversees his team of 2nd AD, and Additional 2nd AD’s

 

Director of Photography

  • Shoots the film (Either with an Operator or alone)
  • Manages all the lighting in film
  • Executes framing and camera movement
  • Works with Director to compose shots

 

Production Designer

  • Manages the design and décor of all sets stage/location
  • Responsible for physical look and conception of film
  • Collaborates with Director to achieve a unified, stylized look

 

Script Supervisor

  • Times the script in pre-production
  • Makes certain that continuity is correct from scene to scene during production
  • Keeps comprehensive notes on set for all facets of continuity, dialogue, timings, etc.

 

Sound Mixer

Head of the sound department during the production stage of filmmaking

  • Records and mixes the audio on set dialogue

 

Casting Director

  • Finds actors to fill the parts in the script
  • Sets up auditions for Director
  • Possibly may make deals with talent

 

Costume Designer

  • Designs, creates, purchases and rents wardrobe for actors in film

 

Location Scout

  • Consults with Director to determine the look, feel, and style of individual locations
  • Finds and secures locations
  • Manages locations during principal photography

 

Editor

  • Assembles film following the guidelines set by director
  • Cuts film “up to camera” during shooting period
  • Completes Editors Cut after film, then works with Director to finalize cut of film

 

 

Pre Production Shooting Schedule

Shot out of Order

Films are usually shot out of order due to budget, actor’s availability, locations, Special effects, shooting practicalities, etc. For example:

  • Often actors are only available for certain dates, therefore their scenes need to be scheduled appropriately
  • Scenes in individual locations need to be bunched together for budgeting and other practical reasons.  For example: If we return to a neighborhood park throughout a film, it would not make sense to return to the park every time it shows up in script to shoot in sequence
  • Special Effects or Stunts may need to be scheduled to be shot at specific times.  Time of day (Day/Night)

The Shooting Schedule

The shooting schedule is the bible of production.  It organizes everything that is out of sequence when shooting.  Everybody in cast and crew gets one.

Daily Shooting Time

  • Studio Feature Film Shoots from 1/2 – 4 pages in a given day.  Indie films can shoot substantially more
  • TV Series shoots from 3-8 pages in given day

Production Stripboard

  • Scheduling used to be hand-written on a large board with cardboard strips.  Most of the time it is now done on computer by a program like ” Movie Magic Scheduling and Budgeting” How does it work?
  • Strips are set up on computer – one for each scene.  They contain info on: Scene Number / Scene Slug – Line / Day or Night / Interior or Exterior / One line Description of scene / Number of Pages to be shot / Actors in scene.  These strips are shifted and moved around to accommodate all scenes shot out of sequence.

 

Pre-Production Completion

Ideally, at the completion of Pre-production, the Production Team should have confirmed or have an excellent idea of:

  • All Locations
  • All Cast
  • The film’s budget
  • The film’s schedule ( amount and specific work to be done in a given day)
  • Visual look of film
  • All SFX required for film
  • All Production Design exactly what will be on stage or location
  • All Wardrobe
  • All equipment and film / tape needed for film

So there you have it! This is most of what you need to know about the process of pre-production for film projects. I hope you will join me next week for Part 2 where will go over the actual production phase.

Take care and see you next week!
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Filed Under: Indie Films

What is A Screenplay and Why is it so Important?

August 6, 2014 by stefan

what is a screenplay

So I am really excited about the next series of blog posts coming up.

I am writing a 3 part series called from ‘From Script to Screen – A Guide To The Filmmaking Process’ that details how films are made.

Though it is impossible to detail every step to filmmaking, this will give a general overview of each step in the movie making process.

 

It will be broken down into the 3 major parts of film and television creation.

 

Pre-Production, Production and Post Production.

Before we get into the 3 steps above though it’s important to talk about a key piece of the process. Without this piece you cannot even start pre-production. Can you guess what it is? Well of course, it’s…

The Screenplay!

Without the screen play we don’t even get to step 1 of making our film. The screenplay or script is key to the entire process but many people don’t truly understand the details of what it is, how it works and why it is so important.

That is why before we launch into next weeks 3 part series I thought we would take this week to give the screenplay its proper due.

After reading this you will know what a screenplay is, some details of how it works and why it so important.

 

Where Does a Film Begin?

Any film project begins with the script or screenplay. Trying to make a film without a script would be like trying to cross the ocean without any type of navigation. It is the blueprint that everyone  working on the film refers to when they are fulfilling their part of the process. Usually everyone working on the film has a copy and they refer to it throughout the making of the project.

So where does a script or screenplay come from?

Typically it works in one of the following ways.

  • A Standard Script is pitched to Producers or the Studio and if they are interested, it is than developed and written with their input. Sometimes a well known scriptwriter will be approached to write a script based on a concept. I’ve recently negotiated this type of deal. There are a number of terms to negotiate, including compensation, payment structure and creative input.
  • A Spec Script is written by a writer in advance with no solicitation in hopes that it will be optioned and eventually purchased by someone who can turn it into a film like a producer or a studio. These are considered more long shots because the writer is usually unknown, with little to no entertainment industry contacts and this is how they are trying to break into the business. Despite being a difficult route to Hollywood there are some famous examples of movies that originated from spec scripts like ‘Good Will Hunting’ and “American Beauty’.
  • An Adapted Script is adapted from something that already exists in another form like a book, a play, TV show, prior film (remake) or even a real life news story. There are so many countless examples of this but probably the most common are best selling books. Now days if there is a best selling fiction book its almost a guarantee it will be adapted for film.

 

Earlier this year my client who pens the children’s book series Dork Diaries granted Summit Entertainment/Lionsgate an option to adapt the series into a motion picture. While it might sound like adapted scripts would be easier on the writer since the story has been proven, it comes with its own set of challenges.

First of all the material has to be written into a screenplay format which is very different than how books are written. Also, if you have extremely passionate fans of the original material (comic book and sci-fi fans are notoriously hard to please) they can be very tough on the script writer.

There is a balancing act of staying true to the original spirit of the book while still making it work on film and with the screenwriters own twist.

If you’d like to hear more about acquiring the underlying rights for scripts and existing material, check out a video I did on the subject a while back for my class when I taught Business Affairs at New York Film Academy.

 

What exactly is a Screenplay and why is it so important?

The screenplay is the guide for the Producers, Director, Actors, Crew of exactly what will appear on screen.  It is the common ground that everybody on the film will work with from start to finish of production.

It tells the complete story, contains all action in the film and all dialogue for each character. It can also describe characters visually so filmmakers can try to capture their style, look or vibe.

Since the script is the blueprint for the movie or TV show it also the best predictor of cost.

Making a film takes careful planning of the budget and cost estimation can best be gleamed from the script. For example if the script calls for scenes that only CGI can accommodate the producers know they are in for a bigger budget. If the film is mostly dialogue driven, with no special effects and limited locations the budget should be much lower.

As an example lets look at 2 recent Fox movies; Rise of the Planet of the Apes and The Fault in our Stars. According to Box Office Mojo Apes (as of this writing) has grossed about $177 million while Stars has made about $124 million BUT…. Apes had a production budget of $93 million while Stars production was only $12 million!

If you knew nothing else about these films but looked at their scripts it would probably be obvious to you why there was such a difference in production budget. To interpret whats on paper to screen for Apes it would be clear that it would take a ton of CGI and other costly special effects.

Stars on the other hand had no costly special effects and was mostly a character and dialogue driven story. Understanding what general budget your script portrays is important because financiers are mostly looking to invest in films like Stars (lower risk) and these are the films that a studio will greenlight.

The script also goes a long way in determining the schedule of your film. The schedule of the film  is important because it has a direct impact on the budget. A common cause for budget overruns is when their are disruptions or rescheduling that needs to be done.

This is all meticulously planned out before hand using the script as a guide.

When it comes to actual filming time, typically filmmakers will decide how many pages of the script they will film per session.

 

Screenplay Terminology

Let’s take a look at some of the common terminology used in screenplays and by screenwriters.

Scene Heading or “Slugline”

A scene heading or “slugline” is a brief description that sets the upcoming scene. It includes: is it Interior or Exterior? What is the Location? What is the Time of Day?

Here is an example: INT. BANK LOBBY. DAY

This would show that the action is taking place inside a bank during the day. So for those hundreds of movies we have seen with bank robberies the script probably had a scene heading similar to that.

 

Action

Action is just what it sounds like and it describes in detail exactly what is happening, step by step.

An important thing to note and the main reason why screenplays are different than books is the writer cannot write internal feelings.  Since the audience cannot ‘hear’ what the characters are thinking the writer must find a way to effectively externalize their thoughts and feelings. (having talented actors who can emote well definitely helps in this area!)

 

Character Heading

The character head should always be capitalized and shows who is speaking.

 

Dialogue

The dialogue is what the characters say when they speak.  The dialogue should reveal the characters personalities, feelings, and emotional state. Unless its strictly an action or horror movie, well written dialogue is typically a big part of how well received a movie will be.

 

Parentheticals

Parentheticals are brief descriptions of character’s attitude in speech, for ex. (happily), (distracted) (enraged); again good actors will go a long way in helping here.

Parentheticals also dictate where dialogue is coming from, for example; (O.S.) , (V.O.) O.S. stands for Off screen meaning it describes a voice that is not shown on the screen (coming from another room etc..) V.O stands for Voice Over and is used when the speaking character has no physical presence on screen (on the phone, television background, voice in head etc…) Parentheticals while helpful should be used sparingly and only when necessary.

 

Shots

Shots emphasizes camera angles or movement, describing camera direction. This is for the most part should be left up to the director so in the script the only time mentions of camera movement are normally in there is if the writer thinks its important for that part of the story.

 

Transitions

Transitions dictates how the story moves from scene to scene.

Here are some samples of transitions: Cut, Fade in, Fade out, Dissolve to.

Transitions are another thing that writers probably do not want to use to much. Especially with a spec script you may want to save some of that text for words that advance the story in a meaningful way.

 

Screenwriting rules of thumb

Here are some general rules of thumbs for screenwriting:

  • One page of script = roughly one minute of screen time
  • Average feature film script is approximately 100 – 110 pages
  • Average one hour television series is approximately 43 pages ( leaving time for commercials)

 

So I hope this gives you a good idea on what scripts are. I think this post is a good lead in to my 3 part series starting next week ‘From Script to Screen – A Guide To The Filmmaking Process’. This series of posts will describe the steps that happen to make movie magic.

 

If you want to know more specifically about scripts and screenwriting I’d highly recommend these two sites.

Good in Room – This is my friends Stephanie Palmer’s site. She is a former MGM executive who teaches screenwriters how to pitch their script to Hollywood executives. It is one of the best places to find quality information for screenwriters for free.

Film Making Stuff – This site is geared mostly towards Independent Filmmakers. I enjoy this site because the information is not only useful but presented in an entertaining and easy to understand way.

I hope you enjoyed this weeks article!

Please leave a comment and join the conversation.

 

If you have a screenwriting or film-making project make sure you legally PROTECT YOUR WORK!

Without the proper agreements in place no major player will ever take you seriously.

I offer all my readers a very affordable package of Film agreements.

Filed Under: Indie Films

Actor Rey Valentin Shares His Formula For Success

July 17, 2014 by stefan

rey-valentin-interview2This site is primarily designed for you the Entertainment Entrepreneur. That’s why I love to feature people who are doing well in various areas of the entertainment industry so we can all learn from their experiences.

Now when you think of an actor you may think of someone like Will Smith or Tom Cruise, who have entire teams helping them manage their career. But there are hundreds of actors out there who might not be the star in 100 million dollar blockbuster movies (yet) but still have carved out a nice career for themselves.

These guys are true entrepreneurs in the entertainment industry, grinding it out every day and working hard building their brand and reputation with acting gigs. This perfectly describes our interview today with actor Rey Valentin.

Rey Valentin (IMDB) has been in shows including Generation Kill, NCIS, The Mentalist, Person of Interest and Marvels Agent Carter.  Rey currently continues working on his craft with LA Acting Classes from Bernard Hiller. He’s really on the rise and he’s going to help sharing his formula to success, to give you some lessons learned and  he’s going to tell you why the business side of entertainment is so important to get into the next level.

Here is the video of my interview with Rey. Below that is a summary of highlights in text.

Interview Highlights

(0:53)

Rey introduces himself, how he has been living in Los Angeles  since 2006, and pursuing mostly  television acting and some film as well.  He stays busy as an actor.

(1:11)

Rey talks about what the toughest things starting out in acting. Why having a solid team behind you that believes in you as much as you believe in yourself is so important.  That is what it comes down to because there is a lot of talent in Los Angeles.

(1:48)

Rey talks about how he discovered acting and how his first dream was to be a professional basketball player.  He describes how he was approached by a woman who was recruiting for her TV show which started his acting career.

(3:10)

His best advice for actors starting out today and why they need to try to break into the business as soon as possible.

(3:56)

The importance of having income coming in during the early years of your career when your trying to make it.

( 5:52)

Rey talks about the trouble he had with typecasting and fighting stereotypes.  Why it is important to have integrity in your business and to listen to your heart on how you want your career to be.

(7:26)

One of the biggest lessons he learned based on his past experiences is that its best to move forward based on what you believe is good.

(8:22)

What was the biggest break in his career where he felt he could make it as an actor.

(10:07)

What his career is transitioning to now and what he is looking forward to.

(10:46)

Rey tells us what he is working on right now. Why he is going to start producing as well as acting.

Well, this was a fun interview and I want to thank Rey again for being our guest and sharing his entertainment business experiences with us.

If you would like to follow Rey here are some places you can find him:

Facebook fan page (@reyvalentinFANPAGE)

Follow him on Twitter (@reyvalentin)

and subscribe to his Youtube page (reyvalentin251)

Please leave a comment below if you have any questions for Rey or myself and I will see you next week!

Like what you just read? Click here to download my Free Ebook teaching you what you need to know about the Entertainment Biz!

Filed Under: Entrepreneurs

The Definitive Guide to Independent Film Financing Part Two

May 8, 2014 by stefan

finance-independent-film

This is the second of my 2-part series on independent film financing. You can find part one of this series that was posted last week here.

I am creating this series to help all those talented independent filmmakers out there. Maybe that’s you or maybe that’s someone you know well or have worked with in the past.

One of the biggest struggles for most up and coming filmmakers and directors no matter how talented they are is to find that early financing for their work.

While this is a challenge for sure, there are some great options and alternatives to help you if you know where to look. After reading this series and this blog post you will have some great information on how to get that financing you need to kickstart your filmmaking dreams!

Let’s jump right in…

Last week we talked about personal loans, crowdfunding, pre-sales through sales agents, tax credits, bank loans and equity financing.

This week I’m going to give you 3 little known but very effective ways to finance your film.

 

Deferred Compensation For Film Financing

Now this may not seem like a fundraising method, but by reducing the net amount of cash you need to make your film, or your cash budget, you are effectively reducing the amount of funds you need to pay out before your film is released.

How it works is: The talent, cast, crew, and even directors agree to have their fee paid part up front and part on the back end, such as from net proceeds from the film, or as a bonus when a certain event occurs, like when a box office income target is reached.

A studio will still want you to claim the entire agreed upon compensation in your budget so that the numbers are not misleading since you have a contractual obligation to pay the entire compensation.

 

Product Placements To Fund Your Film

Another way to fund a project is through Product placements, where you display products, brands, or logos in your film in exchange for some form of financing. Product placements have been a common source of finance for big-budget movies, and indie producers are increasingly using this funding method.

These deals will specify things like minimum number of seconds or minutes when the product must be clearly visible on screen, and sometimes there are maximum number of uses so the product is not see as being overexposed.

Brands contribute in different ways.

1. Money towards production

2. Payments of marketing and promotions that benefit both parties, or

3. In-kind, meaning products or services are donated to the film, like cars, food, or computers.

The monetary benefit to this is that the producer does not have to buy the products for the film.

 

International Co-Production Treaties For Film

In many countries, production companies take advantage of international co-production treaties. This is where a production company located in one treaty country receives the benefits from another treaty country, meaning they are not subject to the additional red tape and cost that a typical foreign company would be.

For example, the production company would have the ability to hire workers without incurring the premium wage that a foreign company would have to incur.

An example of how this works well is in animation with Canada and France. France has some of the top stop animation studios and Canada has attractive tax incentives so production companies have been benefiting from the co-production treaty between those two countries.

Unfortunately, the U.S. has not entered into any international co-production treaties where each country can benefit from one another.

 

Bank Finance Terms For Film

Lastly, I want to just mention a couple of bank financing terms that help finish your project.

A completion bond is Insurance that is triggered when a project goes over budget and needs extra funding to finish.

The counter type of bank financing is Gap Financing, which is a loan that provides the finance for the shortfall (the gap) between the finance raised, and the total budget amount needed to make the movie.

The project has not secured funding equal to the Completion bonds: A form of insurance, which guarantees financing to complete a film in the event that the producer exceeds the budget.

Completion bonds are sometimes required by banks to secure loans and investments in a production.  Should a bond be invoked, the completion guarantor may assume control over the production and be in a recoupment position superior to all investors.

• Is insurance taken out by the Producer to guarantee that the film will be completed on time and on budget.

• The producer will have to send daily and weekly reports to the bond co.

• The bond co. will require rights of “take-over”

• If the Producer is having problems or finds it impossible to finish he film, the bond co. can step in and replace the Producer, director..etc. and manage the project directly.

 

Gap Financing

• Is a form of loan, usually from a bank, which provide the finance for the shortfall (the gap) between the finance raised, and the total budget amount needed to make the movie.

In many cases, there is a gap between the amount of money that is guaranteed under distribution K’s and the actual production loan for the film.

• A gapping bank will lend against the projected sales estimates relating to unsold territories

• The bank will only lend if:

• 1. it is satisfied with the reputation of the sales agent providing estimates,

• 2. if the sales agent s attached to (committed to sell) the project and

• 3. sees that one or two pre-sales have already been made to “major” territories (Germany, UK, Australia)

Direct Support (not necessarily nonprofits)

• There are countless organizations all over the world offering an assortment or grants and awards

• Usually a committee or panel decide on the merits of the application.

• You must meet tight qualification criteria.

Below is a more condensed version of the information in this blog post on video.

I hope you enjoyed this 2 part series on Independent Film Financing.

Next week I am really excited as we are going to be talking about Private Placement Memorandum Offerings for Film, otherwise known as nowadays as Equity-Based Crowdfunding. This is really the advanced ninja stuff for raising money for your Entertainment projects and you are not going to want to miss it. Make sure you subscribe to lawyersrock.com so you don’t miss out!

Ill see you next week!

Rich
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Filed Under: Crowdfunding

The Definitive Guide to Independent Film Financing – Part One

April 24, 2014 by stefan

Independent-Film-FinancingWhat is one problem almost all independent film makers struggle with?

How to get the financing necessary to make their film.

Today I’m going to go over some of the different ways that films are financed.

This is Part One of a Two-Part Post to give you the most important information available on independent film financing. (you can find part 2 here)

If you are an independent filmmaker, producer or director then I truly believe that the information in this series of articles is going to help you take your film financing efforts to the next level.

We are going to talk about some of the most cutting edge way available today to get that all important financing.

Besides this detailed post I have also included a more condensed version of the information in a video at the bottom of this post.

So lets jump in!

Now unless you have a rich relative ready to give or loan you $5,000,000, (and if you do please introduce me immediately lol) you will need to become creative in how you raise the money for your film.

I joke but did you know that the most common way that a film project starts is using a personal loan from friends or family?

When you are starting out, your friends and family are probably your biggest cheerleaders so they are “warm” leads for money.

Usually these are smaller amounts that serve as seed money but this is a great way to get started! There are many ways that a film can be financed.

Most indie films use many methods to piece together most of the budget. Even if all of the funds cannot be raised to complete the film, a strategy is to complete as much of the film as possible and attract a distributor who agrees to fund the remaining budget, or enter into a co-production agreement with another company to complete the film and take it to market.

 

Crowdfunding Your Independent Film

The first method I’ll discuss is Crowdfunding because it is the current buzzword in the industry. This is basically where you reach out to a large number of small investors (a crowd) to secure some level of funding. Here is a donation crowdfunding infographic we did that gives you the big picture of how it works.

Its not easy raising your entire budget through crowdfunding, but, it is a great way to raise seed money.

You can raise the initial funds for things like the formation of your LLC or corporation, script options, producing a trailer, attaching talent, or creating a private placement memorandum (PPM), which will allow you to raise the big money for your budget.

This is called equity crowdfunding. The type of crowdfunding you see on popular sites like Kickstarter and IndieGoGo is called Donor Crowdfunding.

See Equity v. Donor Crowdfunding to learn the difference.

An effective strategy used in crowdfunding is to contract with a non-profit to act as your fiscal sponsor when raising money. This makes your project more attractive because many tax issues related to investing in a for profit project, which is likely your intent…to make money, can be avoided.

YES, Your investors can actually qualify for a tax deduction on their investment!

 

Film Sales Agent

A second fundraising method is using a Sales Agent to sell your project to foreign territories, or nowadays, digital rights. This is also known as pre-sales.  You may meet a sales agent at a film festival or film market that is interested in being the agent for your project before it is completed based on your script or presentation (i.e., trailer, storyboard). A sales agent will attempt to sell the exclusive right to distribute and exhibit your project to foreign territories.

In return, you will receive an advance called a minimum guarantee (usually 20% of the sale price). Reputation is key when choosing a sales agent. You want an agent that is known and respected by the specialty banks that lend on foreign rights.

The strategy is to take those foreign contracts and use them as collateral for larger loans that will contribute to your budget. The banks also take into consideration the credibility of the foreign territory, meaning, it looks at the track record to see if that country pays, so it is important to retain a sales agent that is knowledgeable.

Pre-sales will not usually give you the lion share of your budget, but it can be used as a promotional tool to attract money. For example, it may be attractive to a potential investor if they hear that you have pre-sold your film in Germany or the UK.

 

Tax Credits for Independent Films

Another high profile method is to secure soft money, or Tax Credits. They come in many forms but generally it is sponsored money that is free! Tax Credits (or Tax Rebates) are offered by states, cities, countries, and even nonprofits that are authorized to grant tax credits for projects based on cultural awareness or educate the public on important issues.

There are companies that loan against these tax credits which can help contribute toward your budget. Just like I mentioned about the banks vetting foreign territories, a lender is going to evaluate the tax credit to make sure the entity offering it has a good track record for paying.…for example, if a state that issues a tax credit is known for not paying in full or if there are hoops the lender will have to go through before it can get paid, then those tax credits are not as valuable.

I recently released a blog on tax credits if you are interested in more information on the topic. See my Tax Credit Blog for more information. Securing a traditional bank loan is a method of fundraising, but banks are not keen on lending money early in the process. They are more likely to lend money to finish a partially produced project.

A bank may also provide a bridge loan, or funding that you need in emergency situations, for example if you need to extend the lease on your shooting location to finish the film, however, these types of loans have high fees and interest rates.

 

Private Placement Memorandum for Film

Lastly, I will just mention equity financing, which is engaging in a formal fundraising campaign that uses a PPM to sell equity in the company that holds the rights to your project. Basically, you are giving up ownership in exchange for money. Doing this brings up potential issues, such as whether the equity investors have control over use of the money or other decisions related to the project.

I plan to do an article on how this process works and discusses the new general solicitation law that became effective in September 2013.

I hope you enjoyed part one of this article on how to raise money for your independent film. Please look out next week for Part 2 as we will cover some additional ways to raise money, and touch on strategies that will save you money, which can sometimes have the same effect to your budget.

If you would like to see a video on this information check out below!

See you next week.

Richard

 

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Filed Under: Crowdfunding

Music Supervisors for Independent Film and TV

April 20, 2014 by stefan

Music SupervisorThis week’s post is about the people who choose the music that you hear in your favorite TV shows and films…Music Supervisors.

Music, as it relates to film and television, sparks a connection with audiences.

Just think of some of the most memorable soundtracks and songs in films, like “Eye Of The Tiger” from Rocky, the Saturday Night Fever soundtrack (I’m showing my age but I loved the Bee Gees in the 70’s), or one of my all time favorites, the entire “Above The Rim” soundtrack!

In television, music can become synonymous with the show like the theme song to “Friends”, “Cheers”, or more recently “American Idol”. Music that is actually used in a film or television project can come from various sources, such as orchestral scores, preexisting songs, or new music that is recorded specifically for the project.

All of the music that is included in a project’s on-screen soundtrack, or sometimes in a separate soundtrack album, is facilitated by the person who serves the role of Music Supervisor.

What Exactly Is A Music Supervisor?

In short, the Music Supervisor’s role is to clear the necessary rights to the music desired, for the use by a Production Company within a designated budget.

How Is The Music Selected?

Music Supervisors are rarely given the final decision-making power, but they usually have the autonomy to select a short list for the specific music they think fits a scene based on criteria set by the Production Company, Director, or, in some cases, the Studio or Network. Music is often one of the last elements added to a film or TV project, and there is usually an extremely tight time frame for working out all of the details.

The selection process depends on the music source:

New Songs

If a new song or recording is needed, the Music Supervisor will usually draw from his or her network of contacts in the music industry to line up songwriters, producers and performers for consideration.  The terms of the relationship are negotiated just like any other music agreement.

Existing Songs

The selection process for existing music can sometimes be challenging given the vast number of songs in the universe, but technology has made this process much easier. Many music companies who license music have it categorized and compiled in a database so “sifting” through potential titles is easy. For example, if a Music Supervisor is looking for a popular 1990s R&B song, with a mid-tempo beat, performed by a group, the search criteria can be inputted into the system and a short list of potential songs will pop up. From there, the Music Supervisor can evaluate.

Scores

Music Supervisors also screen and hire composers to score the project. Scores can range from the big orchestra sounds you hear in the background of a scene that gives you chills or creates suspense, to sound design, which are the booms and the intense crash sounds. There are composers who are experts in every type of score so the Music Supervisor has to do his or her research.

Soundtrack Albums

Also, if the production company desires to release a soundtrack album then those songs need to be selected. The music in the project is not necessarily going to be on a soundtrack album. These rights are subject to negotiations.

How Do You “Clear” Music?

Existing songs are owned or controlled by music publishers (or administrators) and record companies.

To “clear” music for play in connection with a television or film project, a music supervisor has to obtain two licenses;

a synchronization license for the use of the underlying musical composition (the music and lyrics), and

a master use license for use of the master sound recording (the version of the composition that was recorded). Most of the provisions in these licenses are standard, however, there are instances where additional terms need to be negotiated, such as when a producer wants to use the title of a song as the title of the project, or he or she wants to incorporate the song’s story into the project.

Such additional uses warrant higher fees.

Music Clearance Example

Say a Producer wants to open his movie with the song, “Billie Jean” by Michael Jackson and have a man doing the dance from the famous video. How do you clear the rights for that use?

First you need to figure out who owns or controls the composition and master use rights. The composition is owned by Sony/ATV Songs, LLC, so you would need to request a quote for a synchronization license, and then negotiate the terms of the license.

Sony Music Entertainment owns the master recording, so you would work out a master use license with them. The following details are included in a typical synchronization and master use quote request (most larger labels and publishers have their own forms to fill out):

– Title of song

– Writer(s)/Publishers

– Label or master owner

– Artist

– Timing (length of piece of music used)

– Number of times used in film

– Type of use:

– Optional future use (i.e., more time, different use, festival v. commercial distribution)

– Film release date/Television broadcast date

– Desired type of use in the project (Background Source; Visual Vocal or Instrumental performance; Main Title credits; End Title credits)

In addition to making sure that the above information is known, the Music Supervisor is responsible for performing due diligence to confirm copyright ownership and authorship status. This is not hard when a major rights holder is granting the license, but it can become challenging when there are smaller rights holders involved.

A Music Supervisor will sometimes need to either use the film’s production counsel to address legal issues, or if production counsel is not experienced in music law, the Production Company may hire legal counsel to address those particular issues.

The Music Supervisor stays informed and is usually working to create other options in case the first choice doesn’t work out for some reason (i.e. a high fee quote or a restriction on the song that won’t work for the project).

In my example above, it would be necessary for the Production Company to know whether a license is needed to perform the “Billie Jean” dance. If for some reason the dance could not be performed, that may defeat the purpose for clearing the song.

As mentioned above, if the Production Company desires to release a soundtrack album, additional rights have to be secured, such as securing mechanical licenses.

Staying Within Budget

The biggest challenge for a Music Supervisor may be to stay within the given music budget. The budget for music in a film is typically between 2-5% of the movie’s overall budget. For example, if a Producer wants a certain feel for a love scene he will look for the perfect song.

What if the perfect song is too expensive? And, what if you don’t find out about the high quote until a couple weeks before the project’s delivery date? This scenario would cause the production to make a tough decision…whether to pay the unreasonable fee or hope that a cheaper song can be found immediately.

To give you an idea of what licensing fees can run, Al and Bob Kohn, authors of Kohn on Music Licensing (a well respected industry source), state that the going rate to individually license a popular song for the life of the copyright in a worldwide motion picture theatrical release is between $5,000-25,000 for background use, $7,500-50,000 for visual/vocal use, and $15,000-100,000 for featured use. Use of the title of the song as the title of the motion picture should bring an additional $50,000 to $100,000 over the above fees.

Use of the music for opening credits might double the synch fee with closing credits slightly lower. For lower budgets, music libraries are a good option.

Some budget planning issues to consider include:

– How many songs will be used in the entire project?

– Are “popular songs” needed to increase the value of the project?

– Is the original master necessary or can a song be re-recorded inexpensively to avoid a costly master use license?

– How many different rights holders will you need to contact?

– Are there any unusual uses of the songs that may affect the fees?

As a final thought, many Production Companies may want to jump at the chance of using music or a composer who is willing to contribute for no charge so that they can get a credit in the project. I encourage you to properly memorialize these types of deals.

On the surface it sounds like a great situation but if the relationship is not properly documented it could have the appearance of an unconscionable deal (unfair in the eyes of the law).

If this is the case, then when your project becomes a big success the musician may make this claim and you will have to work through a dispute. To avoid this situation, you are probably better off paying a small up-front fee to the musician than no fee at all.

Are you in the Music Industry? Make sure you have all the legal agreements you need in place! I have had dozens of clients have their growing success roadblocked by a bad agreement (or none at all) from early on in their career. That is why I created a crazy affordable package of the legal agreements you most need to have in the music business. http://www.lawyersrock.com/agreement-packages/music-agreements/

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