New Mexico Lawyers for the Arts Presents:
Second Annual Legal and Business Issues In Film Summit
In collaboration with Santa Fe Independent Film Festival and ZBCA
At Center for Contemporary Art: (CCA)
1050 Old Pecos Trail Santa Fe, NM 87505
October 17-20, 2012 (Wednesday-Saturday)
For More Information: Please visit us on our NM Lawyers for the Arts Facebook Page or our website at nmlawyersforthearts.org.
Please Contact CCA box office at 505.982.1338 for tickets and reservations.
SCHEDULE OF EVENTS
WEDNESDAY, OCTOBER 17
3:00-4:30pm:Understanding Film Budgeting, Film Accounting and the NM Film Tax Credit System:
Line Producers, UPM and Payroll Accountant Union/guild payment rules are critical for any successful Line Producer/UPM and independent filmmakers. Major topics in this discussion will include: issues in Indie film production payroll, workflow, forms, responsibilities of the key positions along the way inclusive of the union/guild member; payroll related rules and regulations governing SAG, DGA, IATSE contracts as well as IATSE rules for overtime, etc. We will also discuss in more detail how the film tax credit system currently works in New Mexico and how one can best take advantage of this system.
Our panelists will include Motion Picture Accountant, Ray Sena, from Ultra Plus Consulting, John Hendry of IATSE and Tobi Ives from the New Mexico Film Office.
4:45-6pm: The Business of Film Production: By Robert Galarza, Esq.
In this lecture you will learn about production company formation, entity selection, the different way to acquire a script; issues in pre-production and production, including releases and clearance issues, insurance; Issues in post-production and distribution, including: registering your work and various forms of distribution.
CLE CREDIT for Attorneys: $60
Free to NMLA Members
About Robert Galarza:
Robert Galarza is a unique kind of lawyer.
He is the proud son to an award-winning ballet choreographer/producer and a professional airline pilot, who spent a majority of his childhood engrossed in the artistic process all the while maintaining a focused understanding of what it takes to make a business successful.
Always passionate about film and entertainment, Robert has dedicated himself to understanding all aspects of show business. Nevertheless, he works in both transactions and litigation in all areas of the law.
Robert earned a Bachelor’s of Science in Advertising degree from the University of Texas at Austin in 2005 and a J.D. from St. Mary’s University College of Law with Cum Laude honors in 2009. Prior to attending law school, Robert worked extensively in the advertising and film industries, specifically in the production departments of a number of independent feature films. During law school, Robert served as a Staff Writer on the St. Mary’s Law Journal, was a member of the Phi Delta Phi Honor Society, was the Student Representative for the State Bar of Texas, served as a clerk for the United States Magistrate Court, was a summer associate for four notable law firms, and was designated as a Member of the prestigious Harlan Society.
In 2009, Robert joined the Austin based law firm of Cantilo and Bennett, LLP with practice areas in corporate transactional work, insurance insolvency, intellectual property, general litigation and entertainment law. In 2011, he set out as a sole practitioner and independent film producer and began working prevalently in the entertainment industry. Among others he has worked with equity financiers, sales agents, talent agents, managers, directors, producers and actors. Robert has served in an advisory capacity on over twenty (20) full-feature motion pictures, and was attached as a producer on a number of others. Earlier this year, he finished working as a lead producer on the full-length independent film Serpent in the Bottle, which is set for release in early 2013, and is working as a producer on the feature-length documentary Along for the Ride which details the life and lore of Hollywood and cultural icon Dennis Hopper. Robert also serves as an advisor to the Albuquerque Film Festival, the Santa Fe Independent Film Festival and the New Mexico Lawyers for the Arts
THURSDAY, OCTOBER 18:
Fair Use without Fear: How Filmmakers and Copyright Can Get Along
A Skype Workshop
Patricia Aufderheide and Peter Jaszi at the Center Director at the Center for Social Media and
In this workshop, we will learn about the dramatic shift in fair use (the right to employ copyrighted material without permission or payment, under some circumstances) in documentary filmmaking since 2005. Out of Patricia’s work at the Center, a Best Practices in Documentary filmmaking was developed that has changed the landscape of fair use in filmmaking, making it possible for filmmakers to routinely employ fair use–and get errors-and-omissions insurance for it–without impairing their own ability to license their work where appropriate.
Patricia Aufderheide is University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others. She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University’s Washington College of Law. She has been a Fulbright and John Simon Guggenheim fellow and has served as a juror at the Sundance Film Festival among others. She has received numerous journalism and scholarly awards, including the Preservation and Scholarship award in 2006 from the International Documentary Association, a career achievement award in 2008 from the International Digital Media and Arts Association, and the Woman of Vision Award from Women in Film and Video (DC) in 2010. She has served on the board of directors of the Independent Television Service, which produces innovative television programming for underserved audiences under the umbrella of the Corporation for Public Broadcasting, and on the film advisory board of the National Gallery of Art. She received her Ph.D. in history from the University of Minnesota.
Peter Jaszi: Peter Jaszi teaches domestic and international copyright law, as well as law and literature. He also directs the Glushko-Samuelson Intellectual Property Law Clinic and helped to establish the Program on Intellectual Property and Information Justice. Professor Jaszi is a frequent speaker to professional audiences in the United States and abroad. With Craig Joyce, Marshall Leaffer and Tyler Ochoa, he co-authors a standard copyright textbook, Copyright Law (Lexis, 7th ed., 2006). He is a Trustee of the Copyright Society of the U.S.A., and a member of the editorial board of its journal. In 2007, he received the American Library Association’s L. Ray Patterson Copyright Award, and in 2009 the Intellectual Property Section of the District of Columbia Bar honored him as the year’s Champion of Intellectual Property. Since 2005, Professor Jaszi has been working with Professor Patricia Aufderheide of the American University’s Center for Social Media on projects designed to promote the understanding of fair use by documentary filmmakers and other creators. In 2006-07, he led an interdisciplinary research team, funded by the Ford Foundation that investigated the connections between intellectual law and the traditional arts in Indonesia. He currently serves on the board of ITVS, an important funder of documentary film projects. For the years 2009-2010, Professor Jaszi is serving as the Intellectual Property Scholar of the Center for Intellectual Property at the University of Maryland.
3:45-4:45pm: The Business of Television:
As traditional TV is transformed by radical change on all fronts, programmers and filmmakers face huge challenges and great opportunities. Come join us to discuss the challenges as well as advantages with experts in the field.
Panelists will include:
Dyanna Taylor: Dyanna Taylor is a cinematographer of countless documentaries, including Buck, Sky Island, Agnes Martin, Back to the World, and Sky Dancer. She has worked all around the world and we are fortunate that she will be home in time for our panel
James Rubin, Esq: As the entertainment business has grown in New Mexico, Jim’s business practice has expanded into entertainment law. He has significant experience in drafting television network contracts, content and branded entertainment agreements, music and other intellectual property rights agreements, and has enjoyed negotiating with companies such as ESPN, Disney and Fox. Since 2007, Jim has also worked on all aspects of the Santa Fe Studios project that opened in fall 2011.
Michael Hare: Is the Managing Director at Mojo Raid Entertainment where he manages development, production, distribution, and licensing of film and television projects, including: Raising funds to develop independent films and partnering with Academy Award winning film producer. Michael was Executive Producer of “Martin Lawrence Presents: The 1st Amendment Stand-Up,” the longest-running original series on Starz, and he has secured private equity to finance initial production of TV series and negotiated a network co-production deal for future seasons. Michael was Chief Operating Office of the Film Society of Lincoln Center in 2011 and was Co-Executive Director and Board member with the Santa Fe Film Festival from 2009 to 2011.
FREE PANEL DISCUSSION
5-6pm: Conscious Social Media for Filmmakers Panel:
From Crowdfunding to Twitter to Facebook and other forms of new media, social media has created new opportunities for movie consumption in places most people would never have guessed a few years back. Last year, for example, Warner Bros. started digitally renting movies on Facebook for the first time. Social media exerts a decisive impact on the success of even Big Media launches, from music to games to motion pictures and T.V. shows. But for Indie filmmakers, social media has become a “must do.” As a means to an end, it is ultimately about building relationships and telling your story. When done in the right way, people feel like they know you in some way, which allows for a greater connection to your audience. What it all could mean, at the end of the day, is that you could have greater opportunities for financing because you potentially have a more economically viable product, with more reach and awareness and more people involved in the process from start to consumption.
Come join our panel of experts to discuss how to conduct social media for your film with mindfulness and message.
Panelists will Include:
Arjuna Somaru: is Founder, CEO and Creative Director of Visionquest Management, LLC, a dynamic entertainment company and part of the vanguard of positive transformation within the film and music industries, respectively.
In 2005, Arjuna established Etherea, a 501(c)(3) nonprofit organization of which he serves as Director. This entity mirrors the intention and focus of Visionquest Management, LLC and is dedicated to facilitating positive, social transformation through responsible media and higher education
Chris Schueler: has created over 100 television programs in the past 20 years that have garnered 19 Emmy® Awards and have been broadcast throughout the country and around the world. Focusing on educational and social issues, Mr. Schueler has over two decades of experience in youth programming, cultural and social documentaries, and family series television all geared to create “Television to Touch the Heart.” Most recently he has created social marketing and outreach campaigns involving extensive use of the media to address issues including underage drinking, domestic and dating violence, youth suicide, illegal prescription drug use, curing paralysis and family mental health issues. Each of these projects included organizing partnerships with non-profit stake holders, government entities and private businesses. Due to the quality of his work, Mr. Schueler has been honored to be on the Grand Jury for the New York Festivals and, in the past decade, he has been nominated for over 50 Emmy © Awards.
Ashley Fontaine:. Ashley Fontaine is an accomplished creative director and digital media producer. Through her work, she challenges tradition, shifts cultural paradigms, invents new ways of doing, turns ideas into tangible realities, designs tipping points, humanizes businesses and transforms brands into movements.
Ashley’s experience includes conceptualizing the campaign, Real Men Don’t Buy Girls, for Demi Moore and Ashton Kutcher’s DNA Foundation to end human trafficking, as well as the documentary film and social media campaign Take Me Home (in development) to increase awareness about youth homelessness for Richard’s Branson’s Virgin Unite Foundation. Her digital marketing strategy for the 2011 Albuquerque Film Festival not only yielded six-figure Facebook post views & acclaim from an Academy Award winning producer, it also delivered a 38% increase in ticket sales. Her work for Bobby Zero, an independent film starring Grammy Award winner Erykah Badu and hip hop legend Mos Def (pre-production Fall 2012), involved engaging co-branding partners with a reach of 10 million people within the film’s target audience. Ashley has consulted many independent filmmakers on marketing strategies for their films, including those behind the award-winning film Part Time Fabulous.
Ashley sits on the board of advisors for Film 4 Change, a non-profit organization, and has participated in think tanks and panel discussions for Richard Branson’s Virgin Unite Foundation and multiple film festivals.
FREE PANEL DISCUSSION
Friday, October 19:
2-3:15pm: Is it OK? Using Works Without Permission: Fair Use, Public Domain, Orphan Works and Creative Commons
Understand the pitfalls and nuances of using works, clips, images and other materials that are outside of the realm of copyright permissions is vital to most filmmakers. In this lecture you will better understand what constitutes “fair use,” how to determine whether a work is in the “public domain,” what to do if you cannot find the author/owner of a work (“orphan works”) and the pros and cons of utilizing the “Creative Commons” license(s) in your work. The more information filmmakers have on the perimeters of using works without permission, the more flexibility, confidence and wisdom filmmakers will have in creation.
CLE CREDIT for Attorneys: $60
Free to NMLA Members
Richard Mertz, Esq.:Richard is an Associate for University Council at the University of New Mexico. Richard has been responsible for copyright and trademark matters for the University of New Mexico for over eight years. Richard has presented numerous copyright training seminars to faculty, staff, students (including law students and law faculty). Richard has expertise in the areas of publishing agreements, film clearance, opera and music commissions, file sharing litigation, computers and copyright, fair use, claims of infringement, licensing of UNM IP and licensing issues.
3:30-4:45: Censorship in Film: The Right of Publicity, Defamation, Privacy rights and the First Amendment by Jeffrey Albright, Esq.
Beginning with some of the earliest exhibitions of motion pictures, there was public debate about the question of whether the motion picture industry was morally fit to control the content of its own products, raising First Amendment concerns. More recently, issues affecting the ability of a filmmaker to film as they wish, include rights of privacy, issues in defamation and the right of publicity.
The Right of Publicity: mere mention of this rapidly-evolving legal doctrine can generate vigorous debate. The Right of Publicity is often misunderstood, in part because recognition of the Right of Publicity varies significantly from state to state and country to country. Currently, there are discussions underway to develop a right of publicity statute in New Mexico. We need filmmaker and public feedback about this in order to develop such a law that takes into account the interests of the filmmaker, as well as the interests of actors and persons who hold such rights. Please come join us to better understand this and give us feedback on this issue!
CLE Credit for Attorneys: $60
Free to NMLA Members
By Jeffrey Albright, Esq.
Mr. Albright is a partner at Lewis and Roca LLP, whose practice focuses on telecommunications, water/electric utility law, water rights, and intellectual property. Mr. Albright’s intellectual property experience includes trademarks, combined marks, copyrights, trade secrets, works-for-hire, releases, assignments, derivative works, and licensing agreements. He has litigated fraud and trademark infringement cases in federal court and before the U.S. Patent and Trademark Office Trademark Trial and Appeals Board. He protects his clients’ copyright interests on a wide variety of creative works including compilations, non-fiction books, theater productions, board games, training manuals, and artwork. He has obtained trademark and copyright registrations in foreign countries. Mr. Albright also helps clients evaluate the financial value of their intellectual property assets, and he often works closely with IP appraisers during this process. In addition, he is a frequent contributor to the Albuquerque Journal’s Business Outlook on IP issues. Actively involved in the Intellectual Property Section of the State Bar of New Mexico, Mr. Albright was selected as the section’s initial chair in 2008, served as a board member thereafter, and is designated Chair-Elect for 2012.
5-6: From Idea to Screen: Q. and A. with Author Alisa Valdes Rodriguez and the Journey of her Bestselling Novel, “Dirty Girls Social Club” from Book to Reel.
Alisa will candidly discuss with us the long and interesting journey her book has taken from bestselling novel to script to screen. For example, before its publication in 2003, the film rights to The Dirty Girls Social Club were optioned by Columbia Pictures, but the option expired without going into production. The Lifetime Television then began to develop the book as a television series, but this project also halted. Valdes then partnered with Cienfuegos Films company, to make an independent film based upon the novel, but that deal also never came to pass. NBC then optioned and developed the script with Ann Lopez in 2009, and Encanto Productions for a television season. After issues with the script, the pilot of Dirty Girls did not come to pass. Hear what exciting developments are currently in store for Alisa and Dirty Girl Social Club.
Alisa holds a degree with Columbia’s Graduate School of Journalism. She has written and sold pilot scripts to Nickelodeon, NBC, and Lifetime Television, two feature film adaptations of her own work, one of which (The Temptation) is currently in development. Alisa’s first novel, “Dirty Girls Social Club” was wanted by six publishing houses, and was a NY Times and USA Today bestseller. Alisa was named one of the 25 Most Influential Hispanics in the US by Time, Latina Magazine Woman of the Year, Pulitzer-nominated feature writer for Boston Globe, among many other accomplishments.
SATURDAY: October 20:
1pm: PANEL: Emerging Cinemas: The Future of Film Exhibition and Distribution
Brought to you by FILM FOR CHANGE
It’s an incredibly exciting time to be a filmmaker. Rapidly evolving technology and ever-widening customer choices have enabled a better viewer experience and are challenging and changing all facets of film and entertainment. Ever-evolving special effects also create a new experience for the viewer. Not only are films made with inexpensive tools that allow for the possibility of successful independent production studios, but now direct connections to the audience exist in unprecedented ways. In the midst of this, one sees a steady erosion of ticket sales at the box office. Until recently, the competition was for the viewer’s time. Now it is more about disposable income and the quality of the viewing experience. How is exhibition and distribution changing and how can filmmakers ride this change with grace and success?
Movie fans are likely to consume more movies as complementary platforms emerge to accommodate lifestyles and preferences. “If the movie industry can overcome the short-term business issues and resolve to empower consumer choice in what today feels like a risky proposition, it might very well be rewarding in the long run.” The Nielsen Study
Come join us for this important conversation!
Peter Grendle: As General Manager of The Screen, Peter Grendle thrives on showing the best in world cinema to students and the Santa Fe community. Also a contributing faculty member at the Santa Fe University of Art and Design, Grendle specializes in micro-budget production, the visual language, and cinema history. He expressed interest in film when he started making and studying movies in his early teens. Since then, he has completed multiple screenplays, shorts, and features, and placed an early screenplay in the Academy of Motion Picture Arts and Sciences Nicholl Fellowships. His independently produced horror films are now distributed across five continents.
Peter M. Kershaw Directors Guild of GB, Owner Manager of Santa Fe based Duchy Parade Films LLC, is an International award winning filmmaker with over 20 years as a producer & director in the USA and in European Film and Television. With over 100 broadcast credits Peter has worked in the UK for BBC, ITV, C4 and Dutch TV VPRO as well as a number of leading independent film companies and is a recipient of Royal Television Society Awards for innovation in program content and in technology development. Since 1997 Peter’s UK production company specialized in new media, animation, cross and multi-platform delivery often with an educational element. In 2010 Peter relocated to Santa Fe to continue working in production and distribution while exploring educational and new media platforms as well as classic media production. Peter is currently in pre-production with a comedy drama WHAT? to be shot here in Santa Fe. Peter is married to Mary Kershaw Director of The New Mexico Museum of Art.
Moderator: Rich Henrich: is currently the Director of Film 4 Change and the Albuquerque Film Festival and an active writer, producer and consultant. He has produced films with Michael Madsen, John Diehl and Giancarlo Esposito. Terrible Angles, starring Michael Madsen, was sold at Le Marche du Film during the Cannes Film Festival and is scheduled for wide release in Fall 2012.
Above all, Rich is proud to be a mentor to young filmmakers and to help make their dreams come true. He has taught courses in film production, screenwriting and entrepreneurship for artists. He is on the faculty at Ecosa Institute in Prescott, AZ and teaches screenwriting at Santa Fe University of Art and Design.