Music Rights & TV on DVD

Creating a quality film or television series is the same as creating a good work of art. Meticulous, pain-staking care is given to casting, writing, set décor, wardrobe, hairstyles, lighting and even the music. Some of these may matter more but in the end, the show released to the public is what you expect to see whether the program is on network television or on a DVD release.

Yet when some of these shows come onto DVD, they hit the market without original music and in some cases, the episodes aren't even the original, network presentation. Some of this can be attributed to the shows and contracts being formed at a time before the VHS/DVD market existed or had teeth. WKRP in Cincinnati is a perfect example (http://www.tvshowsondvd.com/shows/WKRP-Cincinnati/4708#News).

However, music has been cut out of recent shows as well. One case in point: My Name is Earl.

This is hardly an old debate. The website “TV Shows on DVD” (www.tvshowsondvd.com) and posters on “Home Theater Forum” (http://www.hometheaterforum.com/forum/list/51) have been discussing this almost since television shows were first released on DVD. Angry consumers have taken studios to task for music replacement issues, particularly when they had to learn about them after buying a DVD set and/or the studio labeled the release as “The Complete _____ Season”. This recent post on “The Wonder Years” features a good sum up of the issue (http://www.hometheaterforum.com/forum/thread/291386/is-the-wonder-years-that-much-of-a-risk).

Now I have a pony in this race for a few reasons: 1. My husband & I have a DVD collection that rivals many indie video stores, complete with many TV shows, 2. We've passed on quite a few shows we'd have gotten on DVD but for the butchering of music that affects the quality of the story or harms the plot and 3. My film company is working on a television show pilot so now I'm in a position to get our team to demand that their art is not butchered due to music licensing costs and the fact that new shows, especially hits, almost ALWAYS get a DVD release.

Despite all this discussion on the issue, I've not seen any lawyers jumping in. The only legal action I've seen is a general disclaimer that the consumer should expect cuts to a show; in many instances, there are none. However, as a consumer I personally feel that cutting theme songs, music integral to the plot and especially using a syndicated print is like seeing a painting of “Starry Night” with a big, blank cut out in the middle. Plenty of consumers agree, considering Variety even lashed out against CBS/Paramount for the treatment of The Fugitive Season 2 release (http://www.variety.com/article/VR1117987978.html?categoryid=16&cs=1).

Some questions to consider: Why are recent shows being subject to changes in music when they get a DVD release? Shoddy lawyering? Bad negotiators for the networks and artists?

How can the creators of shows fix these things to prevent the consumer backlash of WKRP or The Fugitive (http://www.tvshowsondvd.com/news/Site-News-Lawyers-Disclaimers-Fugitive/9860)? Some of the Home Theater Forum users practically called for Mark Heyes' head on a silver platter.

Finally, is there a viable case to be made against studios for false advertising when a show is labeled “The Complete ___ Season”, the consumer opens it, finds music edits & can't return it to the store b/c of customary store policies banning returns on opened DVDs? What about in the case of The Fugitive when consumers were suddenly treated to music edits after an earlier season had a trivial amount?

The Film Industry in the Digital Age

This is a topic that's been in the public eye ever since the rise of Napster & the Digital Millennium Copyright Act, most well known for making it a crime to tamper with industry safeguards against piracy and illegal downloading.

However, those on the indie film side have unique opportunities because of the rise of cyberspace, the Internet, social networking and all that other good stuff. A recent NY Times story even confirms this (http://www.nytimes.com/2009/08/13/business/media/13independent.html?scp=3&sq=self-distribution&st=cse).

Over at my company, one of the producers we work with has a web series entitled “The Really Cool Show”. The idea for the show was born when the two female leads, Christi Chiello and Deirdre Herlihy, appeared on a sketch for "The Ryan Balas Show" an ultra low-tech (shot on webcam) series Ryan Andrew Balas (producer of the feature film “Carter”) did for fun. They decided to create a sketch show, which blossomed into the idea of a mockumentary about three wanna-be internet celebrities who start to make a show together but end up in a romantic relationship. A threesome.

The show rose from humble beginnings. According to Ryan, “The first 5 episodes were shot on a web cam, the next 5 on a consumer grade home video camcorder. The second season was shot standard format on a Sony HDV camera and the third season was shot on a DVX 100-B. We never had an official crew until the third season. The second season was shot by anyone who wasn't acting in the scene. In the first season, we'd just put the camera on a tripod and started talking. Everything is completely improvised and the season is based on a rough outline.”

Now, the show has over 8.5 million views, provoked controversy from a religious group & has plans for a best-of DVD release. Merchandise is also available on the show's website (www.thereallycoolshow.com). Ryan says “The business structure for the show was not developed until after the majority of it's success. So we have to work backwards, and utilize new forms of self promotion and distribution, if we hope to have any monetary gain from our work. Fortunately the show has cost very little to make and we are happy to work on it for free as long as we have an audience. The show has found an international fan base (largest overseas demographic is South America) and continues to grow with each episode.”

We also had a blog post on how 50 Cent offered a new album for free, in a revolutionary move (http://onewaytv.blogspot.com/2009/06/50-cent-offers-new-album-as-free.html). We discussed amongst ourselves how such a model might work for indie filmmakers who don't have Hollywood backing. My thought was that perhaps the showing of short films, a product that has limited market value, might get the attention of an audience since they're of a shorter time span (usually about 15-20 min) and might offer that unique flavor to encourage interest in a 90-120 min film.

But what about making open source films? Apparently, this is a movement that has some teeth in other countries. I was in a business meeting for my company recently where an individual discussed having worked w/a foreign company that did such projects. Here's a link explaining the concept in more detail:(http://en.wikipedia.org/wiki/Open_source_film).

So it seems that major studios could still make a profit from their works if they use technology to their advantage. Everyone knows what happened to the music business, which sought to try holding back technology. If major studios are smart, they will look at independent companies and try to avoid repeating the mistakes of the major music labels, particularly the RIAA.

Maybe we'll see more independent films and projects acquired or backed by major studios? I'd love that, but only time will tell what technology does to the film industry model.

The Cheapening of the Legal Profession

Normally, I wouldn't be posting a second entry but I saw this CL ad yesterday & it just horrified me:

Entry Level Attorney (Midtown East)

Date: 2009-08-23, 9:12PM EDT
Reply to: job-gxagw-1338741955@craigslist.org [Errors when replying to ads?]


Manhattan Personal Injury firm seeks entry-level attorney. MUST be admitted to NY bar. Foreign language skills a plus.
Salary- there is no salary the first 3 months. After 3 months, the salary will then be $25k. You will get great experience and learn how to take a case from inception through trial. You will get to handle your own caseload. Expect trial experience within 9 months of start date.


PostingID: 1338741955

Why is this so horrifying? First off, this appears to be the future of the types of jobs qualifying as entry level. I made the salary above immediately when I worked at a mid-sized Atlanta firm BEFORE attending law school. I wasn't even a paralegal.

Second, I've seen low pay for similar firms in Queens & Brooklyn but never as an 3 month unpaid internship or for this low a salary.

Third, though the entertainment industry offers mostly unpaid internships they do not demand nearly the working hours of a law firm. They are unbelievably flexible with scheduling & I don't know of any company that told someone to leave a paying job to work unpaid for their internship. We certainly wouldn't. In my experience, you get a sense that the companies appreciate their interns & treat them with a little dignity.

Finally, there are plenty of options to get experience & work for free. Right now, the Queens County Bar Association is seeking volunteer attorneys to represent homeowners in settlement conferences against mortgage companies pursuing foreclosure against them. You don't have to have experience in the field & I don't think you have to be in the bar association in order to participate.

If this is an improper topic, I'll understand if it's deleted but I feel young professionals should speak out against this sort of thing & would like to hear thoughts/suggestions on how to stop the cheapening of the legal profession, our licenses and the hard work we've had to go through to get to our respective fields as this just lowers the bar for the rest of us.

A Real Life Guide to Getting into Entertainment Law From the Lawyer's View

I wrote about this topic for my company for the industry professional but I think a few words should be said to lawyers who want to get in the business:

We all hear “Make good grades so you can work in BigLaw & become a solo in a few years” but what if BigLaw isn't for you? Is it impossible to break into entertainment law? Not really.

If you want to work for a major studio or represent mega-stars, you're NOT going to be able to do that as a newer lawyer unless you've got serious friends OR you work for a mega-firm. However....

in my experience, there are plenty of creative professionals and companies who are not big on working with major law firms. For them, these firms are dismissive, charge way too much money and/or confuse them with excess legal jargon. However, individual lawyers are generally respected for their legal ability. Even as a new lawyer, actors and others in the business would tell me how much they respect lawyers and find the fact that I am one impressive. No one asked me about where I went to law school, my GPA or what firms I'd worked in. Nor did anyone behave like a 7th grader shunning a classmate for not wearing designer labels.

This experience isn't even unique to me as another aspiring entertainment attorney told me the same thing happened to her at a party w/people in the business.

Actors, artists, musicians, etc. are a dime a dozen in NYC. The up & comers generally don't have lawyers or even access to a lawyer to check over contracts. So even if you're a brand new lawyer in town, you already have a leg up w/this crowd. If you can speak the language of the business or relate on a personal level, even better. A huge part of this business is forging personal connections & what kind of vibes you give off.

If you're a name dropping, pretentious show off, creative people pick up on it & they will spread the word. If you scream at the mention of a famous person or don't think you can treat someone as any other human being (such as delivering unpleasant news as a lawyer sometimes must), you're not going to have credibility & really shouldn't pursue this area.

So, how can you meet these people? Here's some tips:

1. Do what my Entertainment Law professor told students to do: get an internship or PA for a project. Do not, I repeat, DO NOT grouse over the lack of pay. Most of these are unpaid; this is standard.

2. Go to places where you might meet people in your field. If you want to represent indie musicians, go see some shows. Go to plays in more underground venues if you want to meet actors. Go to industry networking events.

3. If you have the looks, apply for extra or background work; again, don't whine about lack of pay since you never know who might be on top tomorrow.

4. One thing I did to get my contacts was use Craig's List. Introduce yourself to entertainment lawyers or those starting out their businesses. Seek their wisdom and make yourself available for networking. Some will talk to you, some won't but you never know who might be helpful in the future. If you see ads seeking entertainment lawyers that aren't demanding eons of experience, send a message.

5. Volunteer. This could also lead to valuable contacts & is a method used by a lawyer I know.

6. Become a manager. If an actor/musician/whomever isn't in the market for a lawyer, they might let you be a manager. You have to be licensed to be an agent but I've seen a fair amount of lawyers working as managers for actors & musicians. I would personally make sure I thought the actor/musician/whomever I was going to represent had a shot to avoid looking foolish with agents and others but if you can advocate w/out this, go right ahead. You can really stand out if you can get clauses like this one into your clients' contracts (http://www.nydailynews.com/ny_local/queens/2009/08/23/2009-08-23_rapper_schools_record_label_qns_ma_makes_warner_music_foot_bill_for_phd.html).

7. Befriend a talent agent. The person/company might have clients w/limited experience & be glad to have someone else help explain the paperwork.

These are just ideas based on my own experiences + that of others I've talked to. If you've got friends in high places, you're ahead of me & probably most lawyers who wish they were doing this but aren't.

How I Got My Dream Job Without Being on Law Review or Paris Hilton's BFF

I am something most lawyers believe is as mythical as a unicorn: an beginner level entertainment lawyer. Why is this mythical? Tons of lawyers want to work in entertainment but getting in is about as easy as getting a staring role on Broadway or your own TV show.

There is literally no guidance for new lawyers on how to start in entertainment law. All I heard about it in law school was “It's as competitive as acting”, “Do you know how hard it is to get into it?” and “You should practice real estate law instead.”

The common advice for getting in is “Make good grades.” An established lawyer in sports law who is a member of the NYC Bar Association apparently had no better tips to give aspiring entertainment lawyers than that in an interview I read; a nice aspiration but how does that spurn notice in anyone who could help you?

Well, I had decent grades but hardly what BigLaw would call an impressive transcript. I wasn't on law review, didn't go to a T10 school and had NO contacts in the entertainment field before moving to NYC over 2 years ago. I also come from a lower level background than your typical new lawyer; most of the people I grew up with married straight out of high school and started families. In fact, I'm the first in my immediate family to graduate from college and the first out of my entire family to go to law school.

Before law school, I always had a passion for acting and singing. I was in a number of plays in high school, performing one in a theater competition and got standing ovations for singing performances even though I was hardly well-liked. In law school, I won 3^rd place in the yearly talent show one year as the only singer to place. Hearing about the possibility of combining my passion for entertainment & my law school study, I vowed to take Entertainment Law along with as many related classes as I could. I also vowed not to put my creative background in a black box, never to be opened again.

My Entertainment Law professor had quite a background in the field. She was even a PA for Family Ties back in the '80s. Her advice was much more practical & direct: get a PA or internship position at a company in the area you want to work in. She admitted getting in was hard but she never told people to just give up.

After moving to NYC, personal circumstances and prior planning allowed me to take this advice. I applied for 2 internships; plenty of people wondered why this J.D. was sending a resume but others talked to me. I ended up with 2: one with a well-known talent agent and another with an up & coming film production company.

The film production company internship interview was on the same day in 2007 as the great flood. The transit system ground to a halt and traffic was so bad, it took 3 hours for the interviewers to get to Brooklyn from Jersey. Out of ~20 people, only I and a composer showed up since we could walk to the interview site. The CEO was so impressed with this, he said he would help us out.

I was the only J.D. to send in a resume so I was offered the slot of his Executive Assistant as well as given the opportunity to interview and decide who else would get internships + additional opportunities and experience. Seeking potential w/the company, I jumped at this.

Later that year, I got my bar admissions after delays and some hassle. I also took my Executive Assistant position seriously and got to put my legal experience to good use by spurning a slow moving lawyer to send the company some important papers. Around the same time I got admitted, the CEO decided to restructure the company and offered me a partnership interest. Never having owned a business before & still seeing potential with the company, I took it.

So now, the composer I mentioned was an instrumental force on our first feature film “Cookies & Cream”. I handled the more minor legal work and still continue to keep things organized. This film is now on the festival circuit and the official NY premiere was at Anthology Film Archives. You can find out more about it here (http://www.cookiesncreammovie.com).

It might sound like things are great but... not so fast. None of my internships were paid & no one's been able to afford to leave their day jobs to work w/the company full time.

You also find that getting a day job is next to impossible in the legal field unless you want to work in document review sweatshops. I did that once & had to leave the assignment due to the draconian work environment combined with the defeated people around me.

Unlike entertainment employers who are generally flexible (especially when someone is working for free), legal employers seem to hate applicants with separate pursuits and want them to give everything up for the firm. I searched for my own clients out of necessity, to enhance my experience & for possible networking. It's been a very bumpy & complex process due to my situation but I'm not about to walk away from my dream job, paid or not. Would you?

My biggest motivators have been passion and belief. Passion for the creative process and belief that my company has a unique voice, produces quality work and that one day, the masses will take notice.

So, what do I hope to impart to readers? For one, don't let the difficulty of doing something stop you from trying. LIFE is difficult but regret will just make you miserable.

Second, it takes a very special motivation to work in entertainment. You have to believe that you can do it and you have to take every opportunity you can to put yourself in the right place. In short, self-fulfilling prophecy rings true & networking is everything.

Finally if you ever have an interview on a day when the transit system shuts down & traffic is in gridlock, show up anyway. It could pay off more than you'll know.

Introducing Guest Blawger, Monica Trombley

I am pleased to introduce Ms. Monica Trombley as a Guest Blawger writing here for the next four weeks. Monica is an Entertainment Lawyer and will be discussing both Transactional issues and matters of Intellectual Property law.

Monica is building her own practice, and although a young attorney, has really made significant progress. She is building great experience, including writing contracts for a film company participating in a foreign market. Apart from her private practice, Monica also acts as Partner and Legal Administrator to the film company One Way or Another Productions. She has in fact blogged on the company's site here. Previous to her private practice and her partnership, Monica also worked with the Dorothy Palmer Talent and Literary Agency.

Monica is a graduate of Oglethorpe University, and was a founding member of the Delta Pi chapter of Alpha Sigma Tau sorority. More recently, she graduated from the Quinnipiac University School of Law. Monica is Barred in New York and Connecticut, and lives and practices within the Five Boroughs of New York City.

Welcome Monica! I am an utter newbie as regards Entertainment Law and am looking forward to reading what you discuss here.