Film Producing 373

Television series primary credit is "Executive Producer"

"... has the final responsibility over a majority of the producing functions throughout all phases of the series production. The informal title 'showrunner' has frequently come to serve as shorthand for a series' Executive Producer."

Producers Guild of America (PGA)

"In common parlance, an individual receiving the "produced by" credit for a motion picture is typically referred to as the film's producer. To avoid confusion with other producer credits, we refer to this individual as the 'produced by.'"

Film and TV Industry System

* Based on ideas (copyright does not protect) * Pitching ideas/works * Punish theft * Control the material * Control the material * Chain of title and Internal agreements prior to pitch * Very important: transfer of copyright ownership must be in writing and signed! > oral agreement is enforceable, must be proven, but not for copyright must be signed.

What courts look at

* Do not pitch original idea to anyone outside of a observed meeting 1. Plaintiff submits ideas to defendants and they receive them 2. Before submitting plaintiff conditioned to disclosure (payment) 3. Defendants know or should have known conditions 4. defendants voluntarily accepted the submission

Log Line vs. Tagline

* Don't Confuse a movie poster Tagline with Log line *Tagline= catch phrase for advertising *amusing a great for a poster but a tagline does not demonstrate the necessary story elements to allow the readers to see the dramatic narrative *A tagline to educate the reader on the story essentials log line must present 1. Who the story is about? 2. What he/she strives for? 3. what stands in her/his way? 4. Why should this project be made?

Producer Protection

* E and O insurance * Check for defamatory material and incasion of rights of pricing or publicity * All rights agreement in writing acquire rights and releases to identifiable copyrights and people * Clear the tittle

TV Rights

* Includes rights to make a television pilot and or services for initial exhibition on network or cable television, as well as a spin -off based on a the same characters and the right to distribute said tv shows as Film DVD or a on video devices or other media

Points to Consider in a Log Line

* Irony (the Hook) * Mental Picture * Comparison to other films * Audiences and cost * Clever Title - A good loglines is one sentence

Database Forms

* Location Release forms right to film location in your project and use that footage in all media. Often indicates a statement on weapons, stunts, and special effects

Chain of Title

* Sequence of historical transfer of little to property * runs from present owner to original * Establishes proprietary rights in a film or tv * important for authorship

Acquire the Rights

* Whom to contact continuation

Underlying Rights

* rights you must control to have the right to make and distribute a film based on an underlying property

Release forms

*Actor release forms right to film a person, performance, image, etc. In a project and use that footage in all media *Personnel release form right to film a person in your project and use that footage in all media

Talent Representation

*Agents * Managers * Attorneys

Log Line

*Conveys the dramatic story of a project in the most instinct manner possible -The major through line of the narrative without character intricacies or sub-pilots -They boiled down to it's base -A sales told to sell your project - The best log lines should make you want to see your project or make you wish you;d thought of idea

Types of Film/TV

*Genre Horror *Western *Film noir *Action adventure *Musical *Thriller *Romance *Comedy *Drama *Documentary * Etc.

Archtypes

*Moster in the House * Golden Fleece -Adventure * Out of the Bottle * Slake with a problem * Bromance * who dun nit * fool triumph * institutionalized * Superhero *Period Piece Development=Story Structure *A good producer should be a good editor -Hitting emotional high and lows

Film Rights

*Sometimes called motion picture rights or audio visual rights *includes rights to make a film for initial exhibition on television or in the theaters, right to make sequels and remakes of that film and right to distribute the video on devices and or other media, now known or after devised.

Underlying Property

*Source material used as a basis for script that is not wholly original with author * refers to the book or play or strong life rights or previous film

Scope

*Tent-pole *Four Quadrant *Niche (certain audience) * Period * Locations *Special effects *Franchise (can spawn a universe *Cast *Running time * Rating

4. Climax

*The crowning major reversal filled with meaning (a revolution in values from positive to negative or vice versa that is irreversible and move the hearts of the audience

Talent

*Writted *Director *Actor

Duties of TV showrunner/ "Executive Producer":

- Typically, writer-driven - Creation of the series - Primary point of contact for studio, production company and network form development, production, post production and marketing - Responsible for the day to fat operations of a TV series - Combination of writer, traditional executive producer, and script editor - Development o Series "Bible": concept, format, characters o Devise pilot and ongoing storylines & arc of series o Hire all cast, directors & key personnel o Approve series budget & production schedule o Approve final cuts & Mix/Music o Consulted re: publicity & promotion

Option Terms

-Conditions Precedent -Option Price -Option Period -Extension of Option -Grant of Rights -Purchase Price -Credit

Life Rights

-not an acquisition of underlying rights -waiver of certain personal rights -agreement to cooperate and consult

If-core deal

-right to set up property without pay - company activity seers license interest or other financing -right holders deal negotiated in advance so 'if' companies efforts are successful deal already in place -test the waters

The Seven Stages of Film Producing

1. Acquisition How does one become a producer? -control the material or idea ~ideas can come from: fictional books, short stories, non-fiction, books, magazines, news papers, historical events, life rights, Plays, Musicals, and dance, video games, toys, the internet, Apps, comic books, graphic novels, script treatments, pitches, dreams, etc. 2. Development 3. Packaging 4. Financially 5. Production 6. Marketing 7. Distribution

Whom To contact

1. Author 2. Publishers/ Publisher house/ Rights Holder/ Company 3. Author, organizations, publishers real life person, agents, Attorneys estates, production companies or studios , corporation

5 Components of Story Design

1. Inciting Incident 2. Progressive Complications 3. Crisis 4. Climax 5. Resolution

Copyright Duration

1. Individual: life of author + 70 years 2. Corporation: 90 years from the publication or 120 years from creation whichever is less *Note: A derivative work does not change the term of the original copyright, but derivative work has own copyright

Three Act Structure

1. Set up (25-30) Turning point 2. Confrontation climax (Conflict) 45-60 3. Resolution (25-30) pages

Four Act Structure (One Hour)

1. Set up 3 or 4 2. Complication-Cliffhanger 3. complication 4. Resolution Tag (optional)

Who controls copyright?

1.) Single Authorship 2.) Joint Work 3. Work for hire. Hire you to make it. You created it. Can never be a work for hire.

Deal Memo

> Abbreviated version of contract > letter format or emails between attorneys > Basic term and key negotiation points > But eventually you want an official option * get it in writing

What is Public Domain Work?

> Availiable for use by the public * Facts and events * Pre- 1923 (Published in the U.s.) * works not renewed (Pre-1964) * Government employees or officers Note: If not Sur- get copyright report (Thomson camp, mark, Aka Thomson, and Thomson)

Loan-Out Agreement

> Incorporate be yourself and have studio hire you out of own personal corporation > favorable tax benefits > Health care for family > Ego > Escape Personal Liability

protect yourself

> Loose Lips Sink Ships > Establish an actual or implied contract > Keep an email and or paper trail > Use Copyright notize and or register former PA with Copyright Office -Library of Congress > Register with WGA >Submit material through Attorney or agent, no unsolicited material > Non-disclosure agreement > Submission Agreement

Defamation

> Publication of anything false which injures reputation > Label is written and read > Slander is oral

1) Inciting the Incident

> Radically upset the balance forces in the protagonist life >Propels the protagonist into active pursuit of his or her goal > Occurs in Act 1- typically within first minuets to set up story

Rights of Privacy (Infringements)

> Right to be left alone > Cannot reveal ones embarrassing Private facts > Cannot intermingle into one's private affairs > Cannot Place one in a false light in the public eye > Exception- " Matter of Public interest" >Script Clearance

Right of Publicity

> Right to control and benefit from the commercial value of a persona 1. Protects against unauthorized commercial use of celebritys name, likness, and personal attributes 2. For a commercial purpose 3. Without permission ex. Voice and style imitation ( sound and like/ look a like) Note: Bette milder, California, New York and Tennessee

Personal Rights

> Rights held by individual > People have the right to control the they are presented to the public.

Financiers

> Studio vs Independent >Budget > type of film: comedy, action, thriller, drama, romance, genre

Option

> exclusively(usually) right to purchase a property within designated time period with fix terms and conditions >Leverage very important > An option is not purchasing the property itself > Exclusive opportunity to determine the feasibility of a project and try to line up talent > right to engage in pre-production develop and package *Every control needs money transfer also a consideration

Marketing

>Arguably the most powerful force at studio > No film or TV gets made by studio without being vetted by marketing >What is the? *our sheet *Log line *High Concept * Target Audience

Purchase agreement

>In effect after option is exercised > Must negotiate purchase agreement at the same time as the option > if option is exercised purchased agreement is self executive

3. Crisis

>Obligatory scene where the protagonist faces the most focused powerful forces of the antagonistic experience Ex. Ron almost dies in Harry Potter but closely escapes with his life.

non-circumvention agreement

>Producers granted right to set up property without paying > Right holders agree to not enter into any other agreement within a specified period >Product actively sees to set up the underling property for development > guarantee of some form of producer credit >guarantee of some sort of producing fee >Test the waters

Story events

>Story event= scene > creates s significant change in the life of the character that is expressed or experienced in terms of value

2. Progressive Complications

>heighten the conflict for your characters as the story progression >The bulk of the story that spans from act 1 inciting incident to acts

What knowledge & skills should a producer possess?

Ability to merge entertainment (creativity) & business - Understand all stages of film development & production 9multi-task and 'play the game') - Communication & speaking - Creativity - Financial accountability & organizational - Entrepreneurial & risk-taking - Ability to deal with rejection (over and over and over again)

Knowledge & skills of a producer apply to...

Assistants - Productions assistants - Development executives - Creative executives - Studio executives - Agents - Managers - Line Producers - Physical production story analysts - Film/Tv Marketing - Casting - Programming

What is a producer? A producer is...

CEO/Manager of the entire Filmmaking process - Financial and creative overseer - Liaison between the creative (filmmakers) and the business (studios, networks and financiers) - Salesperson - Leader - Jack of all trades

How do you protect original works?

Copyright- needs to be fixed, must be original. 1. Original 2. fixed in a tangible medium of expression -protects original work - begins with the work created( as soon as it is fixed) -Copyright comes from the Constitutional Federal Law

What type of producers work in film and television

Executive producers Line producers Producers Co-Producers executive producer Associate producer

What are you able to Copyright?

Idea: NO Titles: No Historical: NO Original created Script: Yes TV Bible: Yes Treatment: Yes Lesson of the film or Theme: No

In Television Showrunners are...

In creative Control of the Production. (Outrank the Directors)

False Light

Includes: > Embellishment false material added to a story to place someone in a false light > Distortion: arrangement of materials of photographs give a false impression >Fictionalized: works of fiction contain disguise characters that represent real people or references to real people in fictitious articles.

Based on "Produced by" responsibilities (PGA):

Oversee the 4 phases of a film's production Development o Creates, conceives or chooses underlying concept or material o Select the writer(s) o Creatively manages/supervises development (including script) o Secure rights & raises initial financing o Primary point of contact for studios, financiers, agencies, managers and legal - Pre-Production o Hire key crew members (including director if not already part of package) and cast o Scouts locations o Supervises and approves final shooting script, budget and production schedule - Production o Manages/supervise day to day operations o Collaborates and consults with director and crew on all key creative production decisions o Approves principal components and weekly cost reports o Primary contact financial and distribution entities Post Production & Marketing o Creatively consults with the editor, VFX, and composer to the final answer print/mix o Manages marketing and distribution plans for the film in both domestically and international territories

Producers

Producer - Executive producer - Co-producer - Associate Producer - Executive in charge of production - Co-Executive Producer - Supervising producer - Consulting Producer - Line Producer - Production manager/UPM Producer most powerful producer in film and executive producer (Show Runner) most powerful in TV **Producers answer to the financier or someone at the studio**

Who has the creative control in Television?

Show runners have control of some of the creative process.

Two Act Structure (Half Hour)

Teaser optional 1. Set up 1 or 2 screws and complications Cliffhanger 2. Complication and Resolution

Who is in Charge of the Creative process?

The Directors are

Producers Roles (based on PGA)

The producer is the... - Primary person responsible for a film's production conceiving of or selecting the underlying premise through marketing and distribution of the final cut - In every phase of production, a producer through passion, creativity and technical knowledge preserves the integrity, voice and vision of a film

Group release forms

essentially, blanket release forms with multiple names, addresses, and social security names where anyone signs is granting certain entertainment rights to the films signees and use that footage in all media outlets

Development

who is your target? *Financiers * Talent * Marketing (most important component) * General/Target audiences > At all stages of development of a producer must be cognizant of different movies targets