Creative Design and Video by Sheila House

#More_Plastic_Than_Life

2015-08-15T04:41:00.001-07:00

https://www.fracturedatlas.org/site/fiscal/profile?id=11423

New: I've Added Mail Chimp Newsletter

2014-07-10T04:45:00.002-07:00

Okay,

If you are getting this as a newsletter then you are in my Gmail address book. If you don't want to get this newsletter then please just unsubscribe. Thanks!

Sheila House

Research Voyage To the Middle of the Pacific Ocean

2014-07-10T04:42:00.000-07:00

The research vessel Alguita headed to the Pacific Gyre for over a month to collect samples and data.

The making of a documentary on Ocean Plastic Pollution is underway as a research voyage is getting to the first station in the Pacific Ocean. Co-Captains Charles Moore and Dale Selvam are heading up a crew of scientists along with embedded Marine Biologist and filmmaker, Cynthia Matzke , who is shooting on a Sony 4K camcorder.

Cynthia is shooting for Tom Hirshberg's documentary that he is making for his foundation which is one of the supporters for this research voyage. Hirshberg is traveling on a ship from Hawaii which will meet up with the Alguita in the Pacific gyre. Cynthia has also been testing marine trash and fish for radiation levels and she will start interviewing about her findings this week; upon the return of the research vessel I will interview her about the voyage and the findings. I will keep everyone posted via my facebook page.

The crew will be looking at the amount and type of plastic in the ocean as well as the health of the birds and fish. They are taking blood and other samples. This is the first research voyage to spend over a month in the gyre collecting samples from a large area of ocean waters. The data will be important to determining the health of the ocean.

You can take part in the educational video conference, ship to shore, by going to http://www.algalita.org/2014NorthPacificGyreExpedition.html and signing up. It is happening on the 20th of July, 2014.

Plastic Ocean Pollution Gathered by Captain Charles Moore on the way to the Pacific Gyre.

NEWEST CAMERA TECHNOLOGY ROUND-UP

2013-03-30T23:13:00.000-07:00

Greetings once again!

Lytro: I got to wondering about what to look for when shopping for a new camera so I have done some research and here is what I have found. The most outstanding new gadget I have found is the Lytro. The image captured by this camera can be refocused! This camera records the entire light field. This allows for changing the object of focus and seeing the image from a different perspective. In December a new function will be added to the camera that will allow the images to be turned in different directions for new perspective on any shot. The price is range is $499.00 and $399.99 depending on the internal storage size. The colors now offered are Red Hot, Electric Blue, Graphite, and Seaglass. Below is a picture of the Lytro. The Lytro

Now moving on to more of a filmmakers choice of goodies

The Canon EOS 1D C: I have had my eyes on this camera for the past few months after seeing some the films shot with this camera. It is a 4K camera and it is aimed at professionals but it comes with a reachable price tag. Below is pictured the Canon EOS 1D C. As you can see it is a small camera.
The Canon EOS 1D C
Information on this camera from Canon is,

"It shoots 4K video at 24 frames per second, and can output uncompressed 1080p footage as well."

The starting price is around $12,000.00.

The Canon EOS C500 is higher priced and considered to be more of a traditional cinema camera. This camera outputs in 4K and 2K uncompressed footage (4,096 x 2,160 pixels)(2,048 x 1,080 pixels). The price is around $30,000.00
The Canon EOS C500
You can go on over to the Canon cinema gallery to have a look at movies shot with the Canon new line-up of 2K and 4K cameras. Once you have this camera back at your nest you will need some rigging. Zacuto offers a full line and on their Web site you will find everything you could ever wish for. Striker For Canon C100-C300-C500 People tell me that they spend around $2000.00 on rigging equipment and upwards.

Now a word on Youtube videos straight from the Youtube mouth:

"YouTube allows a maximum upload resolution of 4096 × 3072 (12.6 megapixels, aspect ratio 4:3).[4][5] However, YouTube's web-based video player is limited to a maximum of only 2048 × 1536 (3.1 megapixels).[6] 4K videos on YouTube can still be downloaded in their original resolution using a YouTube downloader."

Happy filmmaking!!!

Women: Go Forward and Negotiate!

2013-03-13T19:56:00.001-07:00

Most women will not negotiate. Men will negotiate for pay faster than a women will, when the two are compared. A women might be able to do some negotiation for more money when there is an opening made by someone leaving a company she is working at, for example. Start with a tip sheet that has your most important points listed for the salary negotiation. One of those points should be the median salary for your job in your area. You can then use that as a weapon given that your current salary is lower.

Print that out as a bar graph and take to the meeting. Be sure to show the sources for the information on the graph. When you get an offer be ready to give a counter offer. If your offer is rejected then follow by asking what the problems are with that amount. Try to get more information on the criteria that concerns are based on. You might be able to set up a method with milestones in your work that will lead to an increase in pay over time. That is better than a flat out, no. You have to get that offer in writing, of course.

In recent interviews the COO of Facebook , Sheryl Sandberg, pictured above, has pointed out that currently women are more likely to be viewed in a bad way for negotiating for themselves while men are admired for it. It seems that the tables are turning as this discussion is more and more in the open and the problem is looked at more closely. Again, start by knowing your worth, and get that on paper by researching the area and similar jobs with your experience and education. But the woman has to first decide that she will negotiate before she can be successful at negotiating.

SOURCES

Richards, J. (2013, October 13). Case study: A corporate recruiter's salary negotiation. Retrieved from http://www.salarynegotiators.com/corporate-recruiter-salary-negotiation/

Dugan, D. (n.d.). 7 salary negotiation tips for women- how to get ahead without negative feedback. Retrieved from http://www.salary.com/7-salary-negotiation-tips-for-women---how-to-get-ahead-without-negative-feedback/

Sheila House is a Grad student at Full Sail University on the MS Entertainment Business Degree Program.

INSIDE THE MIND OF A FEMALE BUSINESS EXPERT

2013-03-03T19:47:00.002-08:00

Considerations For My Own Business Plan

In her USA Today Business section, Rhonda Abrams outlines six steps to a business. I downloaded her worksheets for idea, concept and personal vision. I then went back to my business plan spreadsheet and increased my first year’s sales projections and increased the amount of money I will be investing in new equipment. It turns out that bad economic times are good times for starting a business. After listening to Abram’s take on how to evaluate one’s self-abilities I gained new commitment to my business idea. If you would like to take the E-Type test to find out what type of a business is best for you then check out the test page.

Abrams also gives good insight on using Facebook to promote a small business. One trick to find a way to attach a reel person to a photo or ad. That makes the photo more likely to get circulated. To increase circulation is also a matter of spending as little as $5.00 to $50.00 to have a paid promotion. The trick is to be sure to target a small group. The best time of time to post is around 3PM and mid week is the best time in the week. Being a women I also take notice of Abram’s point that men concentrate on what they have, not what they lack. I do tend to think more about where I want to improve and don’t build on all the years of experience and education that I have. Also, women should learn from men to get help, act fast, and go for the gold.

Abrams, R. (2012, August 5). Think hard before using other people's money, entrepreneurs. Retrieved from http://usatoday30.usatoday.com/money/smallbusiness/columnist/abrams/2010-08-05-entrepreneurs-other-peoples-money_N.htm

Abrams, R. (2010, May 13). Strategies: Why bother with a small business plan?. Retrieved from http://usatoday30.usatoday.com/money/smallbusiness/columnist/abrams/2010-05-13-business-plan_N.htm

Abrams, R. (2009, October 2). Small business strategies: how to keep the revenue coming. Retrieved from http://citationmachine.net/index2.php?reqstyleid=2&mode=form&reqsrcid=APAWebPage

Berry, T. (2011, February 2011). What does a business plan really need to include?. Retrieved from http://www.entrepreneur.com/a nswer/222256

Rhonda, A. (2009, October 29). Ideas, opportunities, and inspiration: Becoming a business owner. Retrieved from

http://usatoday30.usatoday.com/money/smallbusiness/startup/week1.htm

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Expert Views on the Value of Business Plans

2013-02-10T01:25:00.003-08:00

Tim Berry's Advice

Tim Berry runs a website dictated to the art and science of writing business plans. His site address is TimBerry.com. Tim has an MBA from Stanford, an MA in journalism from the University of Oregon, and a BA in Literature from the University of Notre Dame. Conducting a search for his writings on business plans at Amazon turns up several books including texts on sales and marketing forecasting. Not only is he an author on business plans he is also an entrepreneur having founded, Palo Alto Software and Borland International. He stays active in the education community and is a judge of business plan competitions at the Rice University and the university of Texas. Tim also worked as a consultant to Apple for more than a decade. Teachers can access Tim Berry’s online teaching curriculum for free online.

In his article in Entrepreneur Tim talks about a business plan really needs. The key idea to keep in mind while writing a business plan is what management tasks and skills will make the business better. The important points for investors and loan officers are the products, strategy, review schedule, assumptions, assignments, milestones, sales projections, cost of sales, expenses, and profit and loss. It is important to have, “… excellent executive summary, descriptions of the company, product, history, market analysis, management team” (Berry, 2011).

Rhonda Abram's Advice

Rhonda Abrams is an author of books on business plan writing, and she is a syndicated columnist. She is a graduate of Harvard University and the University of California, Los Angeles. In one of her articles for USA Today Money , Rhonda talks about money and investors. The advice is to think of the investor as a partner who has legal rights and owns a part of the business (Abrams, 2012). Find out why they want to invest in the business and what they want out of it. Know how much control the investor wants of your business and what kind of a time frame they are looking at for a return on their investment. People who are trying to start a business will be six times more likely to launch a business if they have a business plan (Abrams, 2010). If you show that have a high-growth business then your business plan can attract angel investors and venture capitalists (Abrams, 2009). Rhonda’s video on this topic is on the USA Today Small Business website.

Sources

Abrams, R. (2010, May 13). Strategies: Why bother with a small business plan?. Retrieved from http://usatoday30.usatoday.com/money/smallbusiness/columnist/abrams/2010-05-13-business-plan_N.htm

Abrams, R. (2009, October 2). Small business strategies: how to keep the revenue coming. Retrieved from http://citationmachine.net/index2.php?reqstyleid=2&mode=form&reqsrcid=APAWebPage

Berry, T. (2011, February 2011). What does a business plan really need to include?. Retrieved from http://www.entrepreneur.com/a nswer/222256

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Post Production phase of Video Production

2013-01-22T17:05:00.000-08:00

Post Production

You should know a bit about me and why I'm blogging about Adobe After Effects and post production. I'm Sheila House and I am currently, at the time of this post, in the last three months of completion of a M.S. degree at Full Sail University. I'm in the Entertainment Business program that is offered by Full Sail. I got my interest in digital art while I was studying Film in Chicago at Columbia College, Chicago, and I happened into the Science department there and found they were making science aimed documentaries with digital tools. In 1996 I started using a Mac for the first time, a digital 3-CCD high 8 camcorder, and Adobe Premiere for shooting and editing video productions. I understood then that digital content creation and multimedia with motion graphics would only grow as time moved on. I have been working in video production since then as a producer and directr..

Multimedia

In the 90's I picked up a book, Adobe Classroom In A Book After Effects 3, and fell in love with the power this software gave me in my video productions in the post production process. Digital content often needs to be moving, have color, design, depth, and a message. Not only is After Effects used in post production but it is also used in other multimedia projects. Web sites, DVDs, all types of videos, TV and films use motion graphics. After Effects is great for all this and easy to work into a video production. While it does have a learning curve the pay off is well worth the time and effort to work through lessons in a book or follow some video tutorials.

Image: https://encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcQAKD6pY84wAWugmHq8e2TCinWq7eibtarhkTXb6erp56lCuxXWxA

You will want to visit some Web sites for video tutorials. One site I use a lot is lynda.com and when you go there you will see why. Students of Full Sail University are given access to this site by Full Sail. And another great site of video tutorials is, http://www.videocopilot.net/tutorials/ Also check out Creative Cow and Red Giant.

Sources

http://www.colum.edu/

http://fullsail.edu

http://theloop.colum.edu/s/644/staffnewsletter.aspx?&gid=26&pgid=4201&crid=0

http://www.lynda.com

http://videocopilot.net

Team, Adobe Creative. (1997). Adobe After Effects 3.1 Classroom in a Book: Adobe Press.

PSA For Santa Monica History Museum

2013-01-09T18:19:00.000-08:00

Production and Post Production On A Digital PSA

Part 1

This Public Service Announcement is shot on a Sony XD CAM and is a project that I started several months ago as a freelance producer for City TV Santa Monica . I got involved through my membership with Women In Film which is a professional organization that is great for networking, learning, growing, and finding friends and opportunity. I recommend membership to this organization to everyone is is planning to or is working in the entertainment industry. Making PSAs is a great way to help your community and gain experience as a producer or a director. Keep in mind that because the PSA is a short format that doesn't mean that it is not a professional production that needs high production values.

Santa Monica History Museum and The Making Of The PSA

My client is the Santa Monica History Museum and they are located on 7th Street beside the Santa Monica City Library. The steps to making a PSA for a client are straight forward and much like any other type of a digital production. As a producer you must plan to meet with the client several times before anything else gets done. Make a form that the client will fill out answering questions for you that you need to understand. Ask the client what the message of the PSA is and they only get one message. If the PSA attempts to address more than one then it is doomed to fail. Find out in your form of questions who the client views as the main audience. This answer will tell you if you are making a PSA that will speak to children, women, men, what age group and what part of the country or globe do they live in. Make of list of all the questions you need answered in order to hire a writer for the PSA script. Ask the client what tone they wish their PSA to have and what key words or phrases they want to be heard and seen. Make sure the client supplies you with any graphics, font, text and information that you will be passing on to the post-production people.

Based on how the creative brief question are answered your writer will come up with three scripts for you to choose from. Once a script is finalized by the producer and executive producer take that to the client for approval. Once the script is approved and everyone knows what is to be made it is time to finish up on hiring crew. You will need all the usual crew as you would for any other PSA. Plan to shoot for two days and if you have one location then you might get it done in one day.

In my next post I address the post-production process.

Special thanks to Red Giant and Harry Frank for support with After Effects plug-ins.

MAKING A PUBLIC SERVICE ANNOUNCEMENT

2012-11-10T21:46:00.000-08:00

Santa Monica History Museum PSA

Producer Sheila House ... is at it again, following the Emmy win in 2011 for Outstanding PSA, with a video production of new PSA. She is working with Women in Film Los Angeles and Santa Monica City TV to produce the PSA. Producing a PSA is just like producing a commercial or a short 30 second story. It requires the same type of crew, equipment, legal help, and other jobs. A great way to get into producing is to go to school, such as Full Sail University,where video production is offered, or Columbia College Chicago, and study filmmaking or some other film industry subject.

One good way to get started working in the field is to volunteer on productions such as the PSA Production Program offered by Women in Film. Experience and building connections carries many people new to Hollywood form one show to the next. Working as Production Assistant a person learns all about the laws and rules must be followed on a production. Things like knowing that the first meal must be served by six hours after call time will help you climb the ladder. The more you know the valuable you are to yourself and others. Being able to turn over tasks to another person and trusting that that person knows how to do the job is vital for the process to work. It takes a small army to make any story no matter how short or long. Remember that video production takes time and planning.

Be sure to find social media outlet to follow for job hunting such as Discovery Jobs on Facebook, for example. Another good place to look for work in the industry on Facebook is Flexible Staffing Group at Discovery Communications. They deal with all the outsourcing done by Discovery.

WHERE TO GET MONEY TO PRODUCE A TV SHOW

2012-10-24T20:27:00.000-07:00

Find Money for a Documentary

A shoe in the door as a TV producer can be something produced for PBS. If resumes are never answered, interviews don't get follow-up calls, and there is no money for a production budget, then think PBS and ITVS. Consider those two items to be a producers pot of gold at the end of the rainbow. ITVS stands for, Independent Television Service, and PBS is, Public Broadcasting Service. These two communication services are free of corporate control; they are considered the voice of the people without the topic restrictions that are found when cooperate messaging is involved. There are restrictions on language, sex, nudity.

Independent Producers Can Get Training

It gets even better. If you order the Production Book with all the rules and outlines for producing for Public TV, you will find the book is three inches thick. It is a lot to read and learn. It also comes with a DV that is packed with forms in Word Document format that a producer will need. If you are serious about becoming a public TV producer then you will want to know about this. PBS offers a Producers Workshop , and a, Producers Academy, and it involves an application process. The Producers Academy will be taking applications in early November, 2012. It is a "scholarship" program for a lucky 25 producers who can either be working for Public Broadcasting already, or are indie producers looking for more training. The event is a weeklong and held in Boston.

ITVS has several funding programs with some that are always open for submissions and others that open and close on a scheduled bases. One funding program that is open right now is, LINCS. This funding gives out some serious cash and worth the time for the read. Before applying for funding the ITVS Web site has a lot of information that will aid in a proposals success. Good luck and happy filming.

Sheila House

Sheila House is an Emmy winning producer and Multimedia Content Creator, living in Southern California. Send your questions to: sheila@sheilahouse.com

Finding Documentary Seed Funding

2012-10-14T19:53:00.000-07:00

Looking for money cause you want to make a documentary? I know the feeling. So I have been looking around for funding and I found some. Sometimes you have to set a reminder to check back when funding rounds are open but they are out there to be applied for. For example, there is the Sundance Institute Documentary Fund. They grant up to 45 and 55 projects per year and submissions for funding must fall into one of four categories. Those categories are, development, Production / Post-Production, Audience Engagement, and discretionary. This fund is closed for now but re-opens in December, 2012, so mark your icalendar. You can check their Web site for more info.

If you want to get paid and have your work on TV then look into ITVS funding. ITVS offers several funding initiatives, Open Call, International, LINCS, Diversity Development, and Series and Special Projects. They really want to give away some money so get your proposals written and submit. To help you out with the process of producing for PBS check out the RED BOOK.

2012-10-14T19:23:00.000-07:00

Today something happened and it was video taped and I just can not watch it enough. Today history was made when Fleix Baumgartner jumped from space to free fall to earth.

If you saw the 2009 Star Trek movie you will recall a scene where a young Kirk and his team mates jump from space to free fall onto a platform. Baumgartner opened the door to the future today. I have watched the promotional video that was made before the jump and the video made of the jump. Both are very moving. If you want to know how to make great videos then use these as your template. The visuals, the camera movement, the interviews, and the music are just spot on. The fact that what we are seeing is part of lives and our history in the making gives the video even more emotion. It even gets better. Mission control for this project is in Roswell, New Mexico where it is believed to be the site of an alien crash in the 1950's. The reason Roswell was chosen for the mission is due to the great weather. All of the videos for this project have a great combination of cut-a-ways, long, medium, and CU shots that are very well timed with soaring, gliding, epic music. I would love to have one of those capsules that is used to take Baumgartner up to 71,580 feet above the Earth. But jumping out is not in my contract. I will be getting in shape for looking sexy in my pressure suit.

INDUSTRY BLOGS FOCUS ON THE LAW

2012-09-23T17:48:00.001-07:00

<!--[if gte mso 9]> Sheila House Sheila House 2 540 2012-09-24T00:37:00Z 2012-09-24T00:37:00Z 2 1934 11030 91 25 12939 14.0 <![endif]

Sheila House

Podcasts I’m blogging about this week are:

Podcast 1: Entertainment Law Update Podcast

Episode 32: Lawyers, Libel, Logos and Lolipops

Link: http://www.entertainmentlawupdate.com/2012/07/episode-32-lawyers-libel-logos-and-lolipops/

Host: Gordon P. Firemark, Esq. and Tamera H. Bennett

Podcast 2: This Week in Law (Scroll down to watch this show)

Episode 178: HTML5 Saves Democracy

Link: http://twit.tv/show/this-week-in-law/178

Hosts: Evan Brown & Denise Howell

A wonderful thing about this podcast, Entertainment Law Update, is that it is well organized on a Web page with links to details on each topic and story covered. The hosts of the show are Gordon P. Firemark and Tamera H. Bennett. Mr. Firemark’s law practice focuses mostly on aiding artists, writers, and above the line talent such as producers and directors. He is also the go-to-guy on matters of cyberspace and new media. His B.A. is in Radio, Television and Film and he earned his J.D. at Southwestern University School of Law. Mr. Firemark is also a professor of, Business Law, at Loyola Marymount University and California Institute of the Arts.

Ms. Bennett’s legal focus is on intellectual property and brand management. She is practicing law in Texas and Tennessee. Her specialty is the management of music publishing catalogs. She has been involved with several industry related boards, publications and did a stint in teaching at Dallas Baptist University. She is also the owner of Farm To Market Music, LLC that is aimed at the music industry. Ms. Bennett earned he J.D. from Texas Wesleyan University School of Law.

One thing that I really like an episode 32, is the story about Canada updating the Canadian copyright protection law. Apparently Canada was in need of better piracy laws. Now the Canadian law is stricter on digital locks, and enforcing copyright protection on CDs and DVDs. Another improvement in the Canadian copyright law, is a fine of $20,000 for people who use copyrighted material for commercial use. Anyone using copyrighted material for noncommercial use can be charged as much as $5000.

Because a production company needs to keep up on copyright protection as well as use of trademarked material I’m happy that this episode includes a discussion on the 11^th Circuit Court’s ruling in a case. In the case, University of Alabama Board of Trustees v. Daniel Moore, the Board went after the painter for a license on the use of the schools athletic teams in uniform. The 11^th Circuit Court ruled in favor of the artist. The opinion is that the paintings fall into free speech and thusly protected by the First Amendment.

THIS WEEK IN LAW: EPISODE #178, HTML5 SAVES DEMOCRACY My other Podcast I’m looking at this week is, This Week in Law, hosted by Denise Howell and Evan Brown. Ms. Howell is a lawyer in Newport Beach, California. She earned her J.D. at UC Berkeley School of Law. Evan Brown works in Chicago and he graduated with a J.D. from the University of Denver College of Law.

The episode, 178, features guest Roger Skalbeck, a professor of law at George Town University and Tech lawyer, Rob Hassett, and Evan Brown, intellectual property & technology lawyer.

This episode also reviews the new Copyright laws in Canada. Ms. Howell points out a difference between US law and Canada’s law that requires a, “take-down notice.” Evan Brown, internetcases.com, thinks it would be helpful if the US followed other countries updates to their copyright laws. Brown suggests that digital media be thought of as “access right.”

Anyone who has a production company, hires writers, is a writer, should understand copyright and trademark laws. Having some knowledge can help prevent trouble for the company and the writers.

TOPICS FOR THESE TWO BLOG EPISODES

Topics

In episode, 32, Entertainment Update Podcast, the topics are:

<![if !supportLists]>1. <![endif]>APPEALS COURT TO RE-EVALUATE UMG V. VEOH IN LIGHT OF VIACOM-YOUTUBE RULING THResq: http://www.hollywoodreporter.com/thr-esq/viacom-youtube-lawsuit-334889 IPDuck – Links to briefs: http://ipduck.blogspot.com/2012/07/further-briefing-in-umg-v-veoh.html

2. JUDGE BLASTS UNIVERSAL IN EMINEM ROYALTIES CASE RULING

THREsq: http://www.hollywoodreporter.com/thr-esq/judge-universal-eminem-royalties-case-342699

3. SONGWRITER’S FAMILY SEEKS ROYALTIES FOR “ON THE GOOD SHIP LOLLIPOP”

Nashville Post: http://nashvillepost.com/news/2012/6/21/famous_songwriter_s_family_seeks_royalties_for_on_the_good_ship_lollipop_others

4. LADY GAGA BATTLING COSMETIC COMPANY OVER TM

PopCrush: http://popcrush.com/lady-gaga-cosmetics-company-trademark/

5. CANADIAN COPYRIGHT LAW UPDATE

Deadline: http://www.deadline.com/2012/07/canada-passes-major-overhaul-of-copyright-protection-law/

6. 11TH CIRCUIT: ARTIST’S USE OF TRADEMARKED UNIFORMS AND LOGOS ENJOY FIRST AMENDMENT PROTECTION

Likelihood of Confusion: http://www.likelihoodofconfusion.com/11th-circuit-real-iife-not-endorsed-doesnt-need/THREsq: http://www.hollywoodreporter.com/thr-esq/court-ruling-team-uniforms-trademarks-3363127.

7. FUNNY JUNK V. THE OATMEAL

The Globe and Mail: http://www.theglobeandmail.com/technology/digital-culture/social-web/the-oatmeal-vs-funnyjunk-an-online-morality-tale/article4350216/

8.  TRAVOLTA AND SINGER SUED FOR LIBEL

Defamation Law Blog: http://www.defamationlawblog.com/2012/06/articles/defamation-basics/travolta-singer-sued-for-alleged-libel/

9. SUPERMAN ANTI-SLAPP MOTION – WARNER BROS. V. TOBEROFF

THREsq: http://www.hollywoodreporter.com/thr-esq/superman-lawsuit-warner-bros-marc-toberoff-341785

10. MAKERS MARK WAX SEAL GETS TRADEMARK PROTECTION – SIXTH CIRCUIT

Food Identity Blog: http://foodidentityblog.com/2012/05/09/sixth-circuit-upholds-trademark-protection-for-makers-mark-red-dripping-wax-seal/ Reuters: http://www.reuters.com/article/2012/05/09/makersmark-seal-lawsuit-idUSL1E8G9G2U20120509

11. COPYING THE “LOOK AND FEEL” OF TETRIS CONSTITUTES COPYRIGHT INFRINGEMENT FOR IPHONE GAME MINO

Lexology: http://www.lexology.com/library/detail.aspx?g=aa54729e-ea71-4520-970c-c0dfa8083fff

12. WHAT WHAT (IN THE BUTT) CASE – DECIDING FAIR USE PRIOR TO DISCOVERY

Ars Technica: http://arstechnica.com/tech-policy/2012/06/fair-use-gets-stronger-thanks-what-what-in-the-butt/ Techdirt: http://www.techdirt.com/articles/20120607/17481419243/big-victory-fair-use-via-south-park-what-what-butt-numa-numa-afro-ninja-et-al.shtml

In Episode # 178 of This Week in Law the topics are:

Topics

<![if !supportLists]>▪ <![endif]>Content ID for Streaming

<![if !supportLists]>▪ <![endif]>The Algorithmic Copyright Cops: Streaming Video’s Robotic Overlords via Wired

<![if !supportLists]>▪ <![endif]>Ustream suspends Vobile DRM amid outrage over Hugo Awards takedown via The Verge

<![if !supportLists]>▪ <![endif]>Evolution of Licensing

<![if !supportLists]>▪ <![endif]>Letting the Baby Dance via The Economist

<![if !supportLists]>▪ <![endif]>iTunes Licensing

<![if !supportLists]>▪ <![endif]>Bruce Willis fights to leave his iPod tunes to his family: Actor considering legal action against Apple in battle over who owns songs downloaded from iTunes via The Daily Mail

<![if !supportLists]>▪ <![endif]>Bruce Willis to take on Apple over iTunes inheritance [updated] via CNET

<![if !supportLists]>▪ <![endif]>The Price of Creative Commons

<![if !supportLists]>▪ <![endif]>Publisher makes authors pony up big for Creative Commons publishing via Roger Skalbeck Google+

<![if !supportLists]>▪ <![endif]>Copyright Office Update RE Yoga Suits

<![if !supportLists]>▪ <![endif]>Bikram Choudhury continues to press copyright claims in hot yoga routine via The Knock Off Economy

<![if !supportLists]>▪ <![endif]>Grooveshark

<![if !supportLists]>▪ <![endif]>Google Reinstates Controversial Music-Streaming App Grooveshark via The Wall Street Journal

<![if !supportLists]>▪ <![endif]>FB and Family Law

<![if !supportLists]>▪ <![endif]>Family Court Says Facebook Photos of Grow Operation Wrongly Admitted in Termination Proceeding – In re A.D.W., et al. via Eric Goldman

<![if !supportLists]>▪ <![endif]>Louboutin Prevails

<![if !supportLists]>▪ <![endif]>Louboutin Wins Appeal in the Trademark Case of the Red-Soled Shoes via TrademarksandBrands.com

<![if !supportLists]>▪ <![endif]>http://www.scribd.com/doc/105125764/Christian-Louboutin-S-A-v-Yves-Saint-Laurent-America-Inc-11-03303-cv

<![if !supportLists]>▪ <![endif]>There's not an app for drone tracking

<![if !supportLists]>▪ <![endif]>Apple, Summoning Its Mighty App-Squashing Powers, Spikes Drone Tracker via The Atlantic

<![if !supportLists]>▪ <![endif]>Free Speech as Competitive Advantage

<![if !supportLists]>▪ <![endif]>Twitter’s Free Speech Defender via The New York Times

<![if !supportLists]>▪ <![endif]>3rd Party Camera Control

<![if !supportLists]>▪ <![endif]>Apple Moves One Step Closer Toward Location-Based Camera Disabling via PetaPixel

<![if !supportLists]>▪ <![endif]>JOBS Act and Crowdfunding

<![if !supportLists]>▪ <![endif]>First S.E.C. Rulings Launch Crowdfunding with Accrediteds via Forbes

<![if !supportLists]>▪ <![endif]>SEC Uses JOBS Act to Set Up New Roadblocks to Crowdfunding via Venture Beat

<![if !supportLists]>▪ <![endif]>Magnatunes "Digital Music for Libraries"

<![if !supportLists]>▪ <![endif]>Magnatune discussed at "public library trends" meeting via Magnatune

<![if !supportLists]>▪ <![endif]>Tip of the Week

<![if !supportLists]>▪ <![endif]>Cartoonify Your Antitrust Briefs

<![if !supportLists]>▪ <![endif]>http://www.abajournal.com/files/AppleAmicusBrief.pdf via The ABA Journal

<![if !supportLists]>▪ <![endif]>Faced with a Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size via The ABA Journal

<![if !supportLists]>▪ <![endif]>E-Books Pricing Settlement Approved

<![if !supportLists]>▪ <![endif]>E-Books Pricing Settlement Approved via The Wall Street Journal

<![if !supportLists]>▪ <![endif]>Resource of the Week

<![if !supportLists]>▪ <![endif]>Magnatune

<![if !supportLists]>▪ <![endif]>CD Baby

-->

COPYRIGHT NEWS

2012-09-02T20:28:00.000-07:00

In the entertainment industry news one case that just recently closed, Plain Jane and one similar case that was just dropped, by a major corporation, show how two very similar cases can have different outcomes. The first case is one that has gotten little media attention and that is Tedesco v. Sandi Pepe et al. In this case a women who grew up in the entertainment industry, Tedesco, presented a twelve-page treatment for a TV show titled, Plain Jane, to Sandi Pepe. Pepe had been the head of Reality Show Development at Gersh. Later a show describe by judge Walter as, “… shockingly similar,” turned up on MTV. A case that is very similar is CBS “Big Brother” v. ABC “Glass House.” Reuters , reporting on Aug 17, 2012, tells the news that CBS has dropped the suit against ABC for ripping off, “Big Brother.” In an earlier blog posting I commented that the win CBS enjoyed in the, “Plain Jane,” case undermined their lawsuit against ABC. It seemed they could not have their cake and eat it too. Tedesco lost her bid with the legal action. She had very little money to spend in a legal assault against MTV and Sony, and her case never saw the level of lawyer-mounted battles the same way the ABC & CBS legal suit did. The articles and also judge Walter’s opinion on that case do not shine a lite on the facts of the case that describe the one-sidedness of the outcome.

In the Reuters article, CBS drops “Big Brother” lawsuit vs ABC’s “Glass House,” they describe the new path CBS will be taking in the court house against the former producers who worked for CBS and then went to work for ABC. Here again, what will save the producers, I predict, will be what is defined by the U.S. Copyright Office, as being copyrightable and therefore trade secrets or not.

Another interesting lawsuit to watch is the one in Baltimore between a logo artist and the NFL team, Ravens. Frederick Bouchat is seeking recognition for his work. This has been going for some time but due to new copyright infringement due to new photo displays the case has been injected with life.

PROTECTING YOUR SHOW IDEA

2012-08-18T17:29:00.000-07:00

The problem of protecting one’s realty show idea is a problem that keeps some creators from every sharing their work. While others might express to friends and relatives they think they have been stolen. Tim Gibbons, on his blog, answered a read on copyright protection. On, The Gibbons Update, he answered a women’s question about registration and copyright. Gibbons opinion is that most of the industry is trust worthy. I guess it is then if you are Tim Gibbons. But the same might not be true for unknown, established writers and producers.

It is tricky to both pitch and protect ideas with pages of treatment details that you hand off to strangers. To be on the safe side register your work at places like, WGA and the US copyright center online. At least this will give you proof of time and ownership of your material. Before you pitch to anyone do some research, ask them for references, and be picky about who show your work to.

When you write you show idea it is strength on your side if you can write yourself into the show somehow. Another thing you can do is contract with the talent so that they cannot sign a deal before your deal is made and signed. If at all possible, have an agent or lawyer working with you.

CW, MTV, WILL THE PLAIN JANE CASE OPINION OF JUDGE WALTER MUCK UP THINGS IN THE BIG BROTHER CASE?

2012-08-05T12:03:00.000-07:00

I am going to discuss facts that are all available to the public via court documents. Last year a women who grew up in the entertainment industry, with a famous television director for a father, attempted to break into reality TV. She had a 12-page treatment and a second shorter treatment, with slightly different details, for a make-over show. The title of her makeover show was, Plain Jane. She met in a coffee house / restaurant setting, with the former head of reality show packaging at Girsh Agency, Sandie Pepe. Later, Pepe told Tedesco in an email that her show was, "too soft", for TV. Pepe also told Tedesco in an email that she would not have time to shop Tedesco's work due to her being busy shopping her own reality show ideas around Hollywood. Later Tedesco saw a pilot for a show on TV that shockingly matched her Treatment. That show was, Plain Jane, of the CW network.

Judge Walter agreed to that conclucolusion on, 'shocking simulatiries' in his decision to not throw out the case.

Pictured here, to the right, Sandi Pepe. The true irony is that The CW is owned by CBS and CBS has brought a lawsuit against ABC claiming that ABC's, Glass House, "replicates every key aspect of Big Brother." So now CW, owned by CBS, has won a summary judgment in the copyright suite, the Plain Jane case, with claims that certain things are not similar or copyrightable while claiming in the legal suit, against ABC, that the very same," certain things," are similar and copyrightable. ABC lawyers, meet Case No. CV 11-6203-JFW (JCx), Title: Elissa Tedesco -v- Sandi Pepe, et al., July 17, 2012, Judge John F. Walter, US District Judge, Oder on Motion for Summary Judgment, Docket No. 89.

In reading the dockets and Walter's decision it seems like CW won in Summary due to the other side's legal team not really being ready for the Summary. The request for more time for discovery was denied by the judge. The request was made due to the new and second legal team for Tedesco coming into the case very late with almost no time at all to organize and serve papers, collect data, so on and so on. The first legal team failed to do any discovery within an eight-month, or so, time frame and thusly they parted ways with the case.

I will always wonder how this case would have turned out had both sides been equally armed with money for lawyers and outside, expert opinion, on copyrightable elements, plot, and so on. It looks like, in writing up his opinion, the judge did a copy and paste from the CW's paperwork and ignored all the points made in the rebuttal. In watching the CBS vs ABC case play out over the shows, Big Brother and Glass House, articles are reporting things such a studio executives beng deposed for seven hours. I can see some deep legal work being done on that case and it is clear that the, Plain Jane, case never got the same type of deep legal work for the side of the writer.

This leaves everyone who needs to pitch their show ideas wondering what is really protected by law and how can they protect their work. In my next blog entry I will take a look into this matter of protecting one's work.

NEGOTIATE ALWAYS & WELL

2012-07-01T18:39:00.000-07:00

House_Sheila_Blog1

Everyone should know how to negotiate salary, job perks, and job responsibility. That is an idea just about everyone can agree with but have you thought of negotiating your job security in the process? In a podcast from December 2011, Slate’s Negotiation Academy, goes over a few great points about negotiating salary and more. First, you really can negotiate. The key is to be prepaid and be able to back up your requests with facts and numbers that show your worth. Be nice as you speak and do not come off as being overly aggressive. Practice makes perfect so be sure to practice your pitch with a friend or a voice recorder.

Be sure to look at salary ranges for the job you are going to be doing. This will give you your numbers and facts. Consider the cost of living in the area too. Be able to come down from you number and be ready to take another concession. Before you name your salary number build up to the number announcement with your facts and reasoning. Allow silence to happen and wait for the response.

You can also negotiate your job security. This means adding into your contact a severance package. That way, if you are shown the door for whatever reason, you walk with a nest of cash. But what about the gender differences in negotiating? In episode six of Slate’s, Negotiation Academy, a closer look is made of gender.

A main point is that women need to ask and not feel greedy. For deeper information on the matter check out, Women Don’t Ask: Negotiation and the Gender Divide, by Babcock and Laschever. The majority of negotiators are men. But women are perceived as being caring and nurturing and men will tend to be overly polite when negotiating with women. But women are less likely to ask for more money when they can negotiate their jobs. In, Women Don’t Ask, we see that a study on salaries of Carnegie Mellon University grads showed a 7.6 % difference in the starting salaries of men to women. A deeper look into the facts reveled that 7% of the women negotiated her salary compared to 57% of men who did negotiate their salary. So women, speak up and use your education in the art of deal making.

Try to find out why people want what they want. In iTunes podcast, Negotiation Tip of the Week, Dr. Josh Weiss points out that you can listen for clues to determine which is a position and which is an interest. A position will most likely be stated as a solution. To listen for an interest statement you will want to identify a statement of concern, or need. Want as opposed to why is position vs. interest.

Sources:

Stevenson, Jill Barshay and Seth (2011). Your Salary, and How to Raise It. Learn The Secrets of Everyday Haggling, 2012, from http://www.slate.com/articles/podcasts/negotiation/2011/12/slate_s_negotiation_academy_episode_10_negotiating_your_salary_.html

2012-06-17T20:23:00.000-07:00

LOOKING FOR FILM FINANCE?

On the Web site, financingfilms.blogspot.com , it is pointed out the Ari Emanuel is going to be using Facebook and other social media to finance a film. This is called crowd source funding and more common Web sites used for this would be, for example, IndieGoGo. The key to a successful crowed sourcing campaign is being personal, have good video and pictures, and do updates as much as possible.

According to Emanuel he plans to tap into the 1.5 million fans for money. It will cost more to market the film than to make it with the numbers being $15 million to make and $25 million to market. Emanuel also points out the Glen Beck has new model that supports his new online show with subscribers paying $10.00 for membership. Given that Beck has 230,000 subscribers that is over $2 million in payments.

For anyone interested in offering their film for online view there are several methods. One is to use iTunes by submitting to an aggregator that then submits to iTunes. Such aggregators are Indieflix, Distribber, and New Video Group. But iTunes will take 70% of the money. Another online distribution is, distrify. This offers a tool not a platform. You will embed the distrify viewer in your Web site and then use your social media tools to get the word out and drive traffic to your site. You also will want to offer to your audience the chance to embed the viewer on their Web site too.

CALIFORNIA TAX CREDITS, STREAMING ON DEMAND AND SOCIAL MEDIA MARKETING

2012-06-03T20:19:00.000-07:00

Tax credits and film incentives are offered by many states and countries to bring in business. For entertainment film projects in California, the Hollywood Reporter has an article showing that 322 movie and TV productions have applied for $100 million in state tax credits. Out of the 322 applications only 28 will be picked for the funding lottery.

Variety is reporting today on a trend worth watching. It turns out that online buying of video is a big competition and Netflix has out done iTunes. According to Variety this research was done by IHS. The money spent on physical DVD discs is dropping by 11% average per year and being replaced with streaming services.

One thing that is clear is that online services are being used for promotion and social media as advertising is showing success. Lionsgate's release of, The Hunger Games, was promoted mostly via social media.

Hunger Games has pulled in $450 million worldwide. If you can find a way to build a direct connection to your target audience and your film you can increase awareness. Lionsgate's senior vice president of digital marketing, Danielle DePalm credits another for the great success their social media campaign. Their social manager, Jessica Frank, is credited with having, "..a personal connection with the fan base."

The latest news on this from, Market Watch shows that social media marketing for exhibit programs has gone up by an impressive 90%. The survey was conducted by Exhibitor Magazine. Also included in the survey are, event marketing, up 36%, and general marketing, up 67%. The point made by Market Watch is that, ".. fewer marketers are proactively setting measurable objectives to track the success or failure of their online efforts."

~ Sheila House is an Emmy winning producer living in Southern California. She is currently earning an MS in Entertainment Business at Full Sail University.

Joining The Academy of Televison Arts & Sciences

2012-05-06T15:03:00.000-07:00

The Academy of Television Arts & Sciences is a nonprofit organization founded in 1946. It is dedicated to the promotion of telecommunication, art and science. Each year the Academy holds the Emmy Awards that recognize outstanding talent in television. The Academy offers various types of memberships. According the Academy Web site the goal is,
“The mission of the Academy is to promote creativity, diversity, innovation and excellence through recognition, education and leadership in the advancement of the telecommunications arts and sciences.”

Members get the magazine published by the Academy, the chance to attend peer mixers, seminars, special events, get discounts offered by various business, a healthcare plan with vision and dental is offered as well. The various membership types are, Active, Associate, Academic, Emeritus, Life, and Los Angeles Area. More information about the memberships can be found on the Academy Web site. Most recently added to membership perks is the ability to purchase health insurance as a member. This was added in 2006. Members can choose from individual and family coverage, small business plans, and retiree plans. More information on those plans can be found at, academybenefits.tv

Each year the Academy holds the Emmy awards which is regional, and prime time. In 2011 I gained an Emmy in the Los Angeles area awards, for Outstanding PSA, for my work as Assoicate Producer. Also the Academy has the Television Academy Honors, the Hall of Fame, and College Television Awards. Examples of shows that have won the, Television Academy Honors award are, Dr. Oz, Harry's Law, and Men of a Certain Age. Examples of for the Hall of Fame are, Michael Eisner, Chuck Lorre, and Sherman Hemsley. In the College Television Awards some areas students can enter are, Alternative Programming, Animation, and Children's Programing. Students can also apply to the Student Internship Program. More information about that can be found on the Foundation Web site.

A great way to get your oppertunity to compete for an Emmy is to join networking groups, such as the Academy, or organizations such as Women In Film, The IFP,or any other organization related to the the film, TV, journalism growth. Then look for oppertunities to work on television projects with experienced professionals like yourself. Good luck and fun!

PERSONAL BRANDING

2012-05-02T13:03:00.000-07:00

A lot of people enter into the entertainment industry after leaving a job they hate. Others wish they could make a living doing what they love to do for their hobby. If you are on the brink of letting go of your dream you should first hear the TED lecture given by, Gary Vaynerchuk.

Vaynerchuk delivers his, hard truth vision, of what to make of your life with a funny sarcasm. He points out, “… we only get one time, one life and our legacy is our life.” We have heard it before. That message is to do for a living what you love to do. Vaynerchuk wraps this concept in a message that relates to modern day society. The idea he talks about, Brand Equity, rings loud in a lot of ears as well as the suggestion to use all the tools in your social media tool kit. His key to being successful at doing what you love is, “… don’t just listen but care about your users. You need to care about everything and it starts with yourself.”

Vaynerchuk’s makes the point that to brand one must have a business model. If you are thinking about starting your hobby into a business have you considered your business model? The important thing is to have a good product; be good at what you do. This is the start of what Vaynerchuk calls, brand equity and having equity in yourself.

Going forward with personal branding means not just thinking about the look of a Web site, the user interaction, but also how one will interact with one’s fan base and users. Gary Vaynerchuk responds to 700 to 1000 emails, personally, each day. As he puts it, he cares and caring is an important ingredient in the business model.

I do notice that blogs that get talked about on Linked In are by those who do offer interaction with their fan base. For example, Troy DeVolld, a reality TV producer, invites questions to his blog that he answers. The same is true for famous author, Whitley Strieber. Every Wednesday Strieber joins his fans live in a chat room at his Web site. Both DeVolld and Strieber are active on Facebook and Twitter as well.

You can follow Gary Vaynerchunk at his blog. You can learn more about branding and business models at Full Sail University.

THIS SITE IS INTERACTIVE

2012-04-23T20:59:00.000-07:00

Hi again! This site allows the user to change the layout and user interaction. Look to the top left of this page. In the purple-blueish bar the first word has a down pointing arrow. Click that and then choose a new layout. This picture shows the, "Classic," state.

Go on. Have it.

REALITY TV PRODUCER'S BLOG

2012-04-22T09:51:00.000-07:00

It is helpful in the entertainment career growth to keep up with OP (other people’s) blogs who are working in the entertainment industry. Troy DeVolld’s blog, Reality TV: An Insider’s Guide to TV’s Hottest Market, is a great blog to follow for information on producing and working in reality TV. Troy gives the scoop as only an insider can and he has a great sense of humor too. His writing is easy to follow and almost addictive due to its honest, straight forward, and no-sugar coating advice.

DeVolld’s blog enhances his book, Reality TV, which is a must have for anyone who is looking to go into reality television in any position, specially producing. The blog site is well designed with a layout that encourages the eye to follow a Z pattern across the page. The site is clean looking with totally understandable navigation. Visually everything about the blog is well balanced. I really like the use of the left sidebar with images and links to his book, bio, press videos, links and more. It is very easy to get to know the man behind the author and producer sides, and get comfortable with his delivery style.

The site has some very useful links as well in the right sidebar and toward the bottom of the page. For example, realitystaff.com, is the go-to place on the Web to find crew experienced in reality television. That is a gold mine for anyone who is going to be hiring crew and office staff. Another useful link is to, Full Sail University. DeVolld is a graduate of FSU, which offers several undergrad degrees, as well as advanced degrees, targeted to entertainment industries.

The user experience is enhanced with the commenting feature of Wordpress turned on. So if you want to get information straight from the producer’s mouth you can. It is fun and insightful to read the questions posted by blog users and the responses to them by DeVolld. To watch a podcast of Troy DeVolld being interviewed visit, http://www.tvwriterpodcast.com/?p=1502 .

HAVING CHARISMA AND A TOOL SET

2012-03-28T20:16:00.001-07:00

Everyone agrees that having charisma in Hollywood is a good thing. Anyone can imagine how having an advantage, like having charisma, could workout well in a meeting. But charisma alone, according to John C Maxwell, is not going to make a leader out of anyone nor a great executive producer. The executive producer is the person who is more or less the project manager on a film or TV show.

For a long form TV show the executive producer guides a team through pre-production, production, and post-production. There will be a lot of opportunities for disagreements and tempers flaring. So other than using one's charisma to lead the team through the problems there are other tools to be dispensed. The same project management strategies used by IT management teams can be applied to running a movie or a TV production.

First, start by building problem solving into the project with a set of rules that are followed for dispute resolution. Be sure that everyone on your team feels that they hare free to come out with any problem or problems they see. The first you want to do is find out what the cause of a problem is. Then come up with as many different ways as you can to solve the problem. Look at how and what impact the solution will have on the project.

Bringing leadership charisma into the project management job can help. It always is a good leadership quality to have people who want to follow you not only because of your rank and title. Let your team know that you like them, and that you are confident that they all can do the very best. Be positive. Share your slice –of-life stories with your team to add a human value to the job.