My Program Idea

Do I need an Agent ?

2013-05-04T06:17:00.003-07:00

In the traditional media world, the answer is yes. An agent can open doors that you can't open yourself. Tom Cruise has one. So does Harrison Ford, Kristen Stewart and Robert Pattison. Stephen King has one. Almost all successful authors have literary agents, and speakers have booking agents. If you have success as a novelist, playwright, actor, director, and even producer or on-air talent, and deal regularly with big media companies, you should have an agent. Licensed agents recognized by major media companies bring you credibility that you can't get any other way. Agents know things -- they know which director needs to work, and which publishers are looking to get into the teen paranormal business, for example. It's a fact that most media companies won't look at material that's not represented, whether by an agent or a production company. If you're not represented and they do decide to review your idea, the company will make you sign a release that prevents you from suing them if they create a show with a similar idea. Agents are important. But agents don't get you work. They get you meetings and the opportunity to sell yourself. Then after you get the job, they make the deal for you. For this service, agents generally get a 10% commission on your earnings. An agent that works hard for you -- sets up lots of meetings, negotiates deals, gets you auditions -- is absolutely worth the money. But what about when you're starting out? Do you need an agent then? Even when you're starting out an agent can help you. But you might have trouble finding one. Because agents are paid on commission they want to make sure their clients can get work before they add a client to their roster. Therefore, the best way to get an agent is to show them your talent. If you're an author, send them your book. If you're an actor, get them to see you in something. Show them a video of your speaking. Put your work on youtube and send them a link. One way or another, get known -- at least a little bit. This will not be easy. It's likely your work will be rejected a lot at the start. But if you don't want to be rejected every day, pick another line of work. As I wrote in an earlier post, even if you have a best seller or a hit film, not everyone will like it. One important point -- do not pay an agent to make appointments for you. If anyone asks you for money before they send you to a meeting, walk away and find another agent. As always, before you sign any contract with anyone -- producer, agent, media company, etc, -- get that contract reviewed by a lawyer that represents your interests. I'll be writing in future posts with more details about how to get agents and the difference between an agent an a manager.

American Idol Judge Changes?

2013-04-25T20:21:00.002-07:00

Last week the American Idol live results show finished second in the ratings to reruns of the Big Bang Theory. This week reports swirled around the internet that show producers considered replacing Mariah Carey in the middle of the season with Jennifer Lopez. Is American Idol getting that desperate? And what does this mean for next year? Finally, what can we as content creators learn from this? The answer to the first question is "Yes." They are getting desperate, but you can't blame them. Ratings are down significantly from last year (although the show usually wins its time slot) despite spending $18 million on Mariah Carey along with more millions on Nicky Minaj, Keith Urban, and Randy Jackson. The show that used to bring in torrents of money for Fox may only be bringing in a trickle. They've tweaked show formats, brought in big stars and still viewership is down. The producers may have forgotten the most important factor in American Idol's previous success -- it's about the contestants, not the judges. Paying Mariah Carey $18 million got the show some off season press, but not a ratings boost. That's because the audience doesn't tune in to see the judges, they tune in because they care about the contestants. We don't remember a lot about what Simon, Paula, and Randy said about the contestants, but we do remember rooting for Kelly Clarkson, Carrie Underwood, Clay Aiken, and even Katherine McPhee and Taylor Hicks. The judges' most important job is to pick a final group that viewers can care about and makes compelling television. That's where this year's group of judges (with help from the producers)failed. They were so worried about repeating past mistakes that they didn't focus on the best candidates for the present. If the present low ratings continue, we may be looking at the last year of American Idol. If I was running Fox, I wouldn't cancel the show. I think the best way to salvage the ratings next year is to announce that next year is the last year of American Idol -- that will bring to auditions everyone in the U.S. who thought about auditioning but didn't. The contestant pool (and potential star power) will be deep. I'd also use guest judges every show -- bring back Simon and Paula, of course, but also Ellen, Karla, Steven and J Lo. Let's see William Hung and Sanjiya again. Fans will tune in to see their old favorites, and may stay tuned to watch this year's group. Content Creators can learn two lessons from this: First, stay true to your vision. American Idol started as a show that gave chances to unknown talent, aided by colorful, but not particularly famous, judges. When they tried to make the judges the stars, the show failed. When creating content, have a clear vision and stick with it. The second lesson is that sometimes a show, or a tv series, or a book series, runs its course. People move on to other entertainment. American Idol is in its twelfth season. It's possible that no matter what the producers did, the audience would have melted away. That's why you should be true to your vision. Your show, or your movie, or your book, may fail. Odds are, even if you have some initial success, you show will go off the air eventually. You may as well realize your vision for it to the best of your ability.

The Best Advice You'll Ever Get About a Creative Career

2013-04-10T13:13:00.000-07:00

The advice is from Max Gordon, the legendary founder and owner of the Village Vanguard nightclub in New York City. Gordon launched the Vanguard in 1935 in a former speakeasy on Bleeker Street. At first he booked poetry readings and folk music, but in 1957 he changed the format to jazz and comedy. Almost all of the jazz greats appeared at the Vanguard, which also recorded their performances for their own record label. The advice from Max Gordon is from a conversation between Max and Jeff Levenson, who is now the head of the jazz label Half Note records, but in the early 1980s wrote for Downbeat, the leading jazz magazine of the time. Here's the story from Levenson: "I was the East Coast Editor for Downbeat, and I went to interview Max Gordon. I start asking him, how did he know when he began the club in 1936 that he was going to change the course of popular culture? That he was going to redefine how we view jazz and folk singing and even comedy? Did he know how visionary he was? I'm gushing; I'm a kid in front of the great Max Gordon. And he was just so beautiful to me. He had a cigar, and he was listening to me, just going on and on. And then he said, 'Look. Just shut up, OK? I want to tell you how it works. This is it: I got up, and I went to work. And I walked down my steps, and I put on my show, and I counted my money, and I closed my door, and I went home. And then the next day, I did the same thing. I walked down the steps, I counted my money, and I went home. I went to work. I went home. I went to work. If you do that long enough, then, if you're lucky enough, some kid comes up to you and asks you what your great vision is about life and how you changed the course of popular culture. But in fact, I was just doing what I felt like doing.'" Take it from Max: Do your work every day. Keep at it, and maybe someday they will be interviewing you about your vision.

When the Book Lives up to its hype

2013-03-31T13:29:00.000-07:00

You may remember that a few months ago I wrote about Chad Harbach and his novel, "The Art of Fielding." Harbach worked on the novel for at several years while he was editing the literary magazine N + 1. Harbach wrote and re-wrote the novel until he made the story so compelling that an agent signed him and they sold the rights for $665,000. HBO bought the film rights and plans to make the story an HBO film. I loved the book -- I think it's smart and funny with believable,compelling characters. Harbach, who went to Harvard, also has a great insight into life at an elite college - not to mention a love for baseball. I'm happy to report that at this point everyone in my family has also read and loved it. It's a rare and wonderful thing when a book lives up to its hype, and if you're looking for a good novel with baseball as a key element as baseball season starts, please pick up "The Art of Fielding." There's a great deal all content creators can learn from this book. 1. Keep working and keep improving -- would you work on a piece of material for ten years if you knew you'd make a million dollars when you were done? What if you didn't know for sure? Harbach had a story he wanted to tell and he kept working until it was as good as he could make it. We should make sure all our content is as good as possible. 2. Once it's ready, market your material. Find the people who can help you. That means get an agent, pitch it to a network, rent a theater -- do what you need to do to get noticed. If you have to you can try to self-publish or put a video on Youtube. Get the word out. The audience isn't going to come to your home to read your book, you have to make it available for them. Finally, while you're creating your masterpiece, learn about the business. Harbach knew a lot about the publishing business because he was a magazine editor and made a lot of friends in the business. If you're working on a novel now, take some time to learn which agents and/or publishers might have interest in it. If you have a program idea, don't just figure out which networks would like out, find out who at those networks you should contact. There are plenty of ways to do this and I'll be writing about them in the next few posts. As an author myself, I also want to remind my readers that my book of poetry, "Two Car Garage," is now available on amazon.com, bn.com, on kindle, and directly from the publisher at chbmediaonline.com

Fixing NBC

2013-03-15T05:57:00.001-07:00

My first television job was at NBC when it was the number one broadcast network. Thursday was "must-See TV" starting with the Cosby Show and included iconic shows like Seinfeld, ER, Cheers, and Family Ties. That's why, despite NBC's recent struggles it was still a shock to learn that NBC finished fifth in the Feb. 2013 sweeps behind CBS, ABC, FOX, and Univision, the Spanish-language network. It was a shock despite the fact I've blogged about both Univision and Telemundo's rise in the ratings, and my particular fondness for Sabado Gigante, the best variety show on television. How is it possible that NBC could fall so far, especially after a fall season that showed promising ratings increases? The short answer is: people don't want to watch their shows. Two shows performed well last fall: Sunday night football, thanks to the nation's sports fans, and The Voice. Those two series performed so well they masked the weakness of the rest of the schedule, proving once again that television remains a hit-driven business. In February, after the football season and without The Voice, and with a stumbling Today show and Tonight Show (rumors are Jay Leno will leave soon) NBC had difficulty promoting their programs. They just couldn't find an audience. It's possible to fix NBC. Americans still watch a lot of television. The NBC company, as opposed to the NBC broadcast network, has an excellent record of developing scripted programs for networks like USA and SYFY. Here's my four point plan to find the shows to get NBC back on top. 1. Look for what's not on TV. Don't imitate your competition. Find shows about things that aren't on the other broadcast networks. 2. Tap the producers providing hit shows for your cable networks and let them create shows they'd like to watch. 3. Aim for an older demographic -- the country is getting older, yet the tyranny of the 18-49 demographic sweet spot for advertisers keep a growing number of networks chasing a shrinking age group. Older viewers still make appointments to watch television. Find the next "Golden Girls" or "Hot in Cleveland." 4. Have patience. Stick with quality shows until they find an audience. Seinfeld got mediocre ratings at first, and then became an iconic show. Of course, as with all great content, it's not just the ideas, it's the execution of the ideas that brings ultimate success. The most important thing is to keep trying. The Entertainment Business is cyclical; this year's star can easily become next year's has-been. If NBC can execute the plan well, I believe the network can get back to number one.

Searching for Sugar Man and Universal Themes

2013-03-06T06:44:00.002-08:00

I wrote about the story of Rodriguez and Searching for Sugar Man last October It's an amazing underdog story. First time film maker Malik Bendjelloul learned about Rodriguez's story and decided to make a documentary even though he never had directed a film before. If this true story was a fiction film, you would say it never could have happened. To recap -- Folk singer Rodriguez recorded two albums in the early 1970s in Detroit. They didn't sell well in the US, and he made his living as a day laborer. Somehow, the albums made it to South Africa, where they connected with the anti-government protest movements. Roridguez's songs became the soundtrack of the South African anti-apartheid movement. He sold thousands of albums, although he didn't know that until fans from South Africa tracked him down. It's an incredible story and it really happened. Any major film company could have produced a documentary about this or bought Rodriguez's story to make a movie -- only they didn't. It took Bendjelloul, a man who was so passionate about the story that he decided to become a documentarian and spend his life savings in order to bring this story to world. His faith and hard work, and that of Rodriguez, was validated by the Academy with the Oscar for best documentary. Their success shows once again the power of story and importance of universal themes. Who among us doesn't think they deserve more appreciation for their work? Don't we all secretly believe that if the world knew about us we would be famous? Bendjelloul recognized the power of Rodriguez's story, and its universal appeal made the film popular and carried the day with the Academy. A great story, even if told badly, will affect more people than a bad story told well. In your work, look for the great stories. Pick ones with Universal themes that people can relate to. Who knows, someday you, too, may have as much impact as Rodriguez, and perhaps even win an Academy Award.

Business Success Requires more MFAs

2013-02-18T05:58:00.003-08:00

That's not a typo. I believe a great way for all businesses, not just so-called creative ones -- to insure your business success is to hire more MFA's -- that's Master of Fine Arts. Why? Because MFAs can bring creativity to businesses of all sizes. The iphone, ipod, and mac computer were successful because of their tech -- and because of their design. Steve Jobs was a technical innovator, but one thing that set him apart from the other tech computer giants was his emphasis on design and the user experience. Where is this being taught in America today? In our design departments, art departments, theater and film departments. If businesses are looking for creative products that will capture their consumers, recruit MFAs. Master of Fine Arts programs don't just teach creativity -- they teach discipline. MFA students work long hours in pursuit of perfection, constantly testing and improving their designs and their content. Focus on their projects can be translated by businesses into focus on their company's most important project. MFAs must collaborate with other artists to realize their vision. You can't receive an MFA in film directing unless you've successfully created a film requiring you to collaborate with designers, technicians, writers and actors to realize your vision. Anyone who can do that can collaborate with his or her fellow workers in the next cubicle. For many years, top financial firms have hired newly minted MBAs (Master of Business Administration) and groomed them for the top spots in their companies. All those MBA's didn't prevent the financial crisis of 2008 and 2009 -- in fact the policies pushed by the MBAs at the top of our investment banks and mortgage companies caused the crash and the Great Recession. What good were those degrees, if they couldn't see where the economy was headed? When the economy and the stock market were roaring, the MBAs made a great deal of money. When it foundered, they didn't know how to right the ship. Americans' ability to create and innovate is our advantage in the world economy. Tasks that we never thought would be outsourced, like legal and medical advice, are now being sent to the cheapest bidders. But you can't outsource creative individuals. Creativity requires collaboration, which requires a critical mass of creative people at your company. Every year, Universities graduate thousands of MFAs. Hire them, business leaders! Go to Art Schools to recruit them. There's a treasure trove of creative and innovative ideas at your fingertips if you want it. Hire some MFAs.

The Americans, or Keep Your Audience in Mind

2013-02-05T17:00:00.003-08:00

Last week I watched the great new FX show The Americans, starring Keri Russell. The show takes place during the 1980s, and is about two Russian sleeper agents in the Washington DC area who outwardly live as a normal American family with two kids. In fact, they spend most of their time in the first episode kidnapping defectors, beating people up, and avoiding the FBI. It's a basic cable series, so the sex and violence is greater than you'd find on broadcast, but not close to what you see on pay cable. The show received a lot of publicity, and achieved very respectable premiere ratings. Keri Russell is clearing trying to separate herself from her wholesome reputation. I almost didn't make it through the first episode because I had trouble understanding the story of the first two scenes. The producers used the technique of dropping us into the middle of the story without explaining who is doing what and why. The exposition comes in the middle of the episode rather than the beginning. That combined with the fact that the first two scenes took place in dark places where it was difficult to see what was happening even if you knew what was going on. Television shows are created in edit rooms. The room is kept dark to make it easier to see what's on screen, and the sound systems are state of the art. That's important, because the producers want to create the best quality work. However, they should not lose sight of the fact that most people are watching the show in their living rooms, with the lights on and inferior sound systems. Viewers can also be distracted by phone calls, internet searching, and of course, other members of their family. I wonder how they would have cut the show together had they edited it in a living room, as opposed to an edit room. I'm sure they would have made the show easier to follow. When you're creating your content, keep the audience in mind. How are they going to see your show, watch your movie, or read your book? After all, we're creating our content to reach the audience. Let's make it as easy as possible for them.

American Idol Wins Night with Lowest Debut Ratings

2013-01-20T14:19:00.000-08:00

American Idol has become completely predictable. We know in the first shows we're going to see some inspirational stories, some good singing, some horrible singing, along with screaming, cursing, and disappointment from the many contestants. I know fans of the show who won't watch the auditions anymore because they know what's going to happen. As a result, the show's debut last week won its night with the lowest debut ratings in its history. What can we learn from that? Predictability in popular art can be good for your audience. For example, successful detective series like Robert Parker's Spenser series and Janet Evanovich's Stephanie Plum novels feature lead and supporting characters the readers come to know and love. The authors keep the books interesting by varying the mysteries their characters solve and the characters they meet each book. Similarly, a good reality show like American Idol benefits from the predictability of its formula, as long as it can vary it enough each season with compelling competitors. The only question about the shows was how the new judges would work out. If you've seen the shows or read the coverage you know that Nicky Minaj became the star of the panel - dominating the dialogue with the characters, initiating catty fights with Mariah Carey, and dressing to impress or shock the audience. However, if people are tuning in just to see conflict between the judges, American Idol is on its way out. It's the contestants who need to be the stars -- something that the producers appeared to have lost sight of in the last couple of years. People don't turn into football games to hear Phil Simms or Howie Long, or any of the other analysts. Yes, their analysis helps the viewer enjoy the games, but the players and the teams are the attraction. If the show producers really are relying on their judges for compelling storylines, this could well be the last season of American Idol. If you're creating a series of books, television shows, or movies, make sure you create a basic formula that allows for variations on the theme. And remember, it's the characters we care about, and keep them compelling. Also remember my first poetry book, "Two Car Garage" is now available at amazon.com and bn.com

How Poetry Can Help You

2013-01-02T21:19:00.000-08:00

Four years ago I started to write an essay about taking my son to college. I tried several approaches, but I was blocked. After a couple of weeks I sat down to write the essay again and a poem appeared on the page. I've been writing poetry ever since. Some of my poems have been published by websites and magazines. This week my first book, Two Car Garage, is being published by CHB Media, a Florida publishing company. The book is now available on both Amazon.com and bn.com for only $9.99. What I learned writing the poems that went into the book can help you create whatever form of content you want to create. The three most important lessions were: 1. Practice -- I was proud of my first poem, but the poems I'm writing now after four years of practice are much better. Whatever you want to do -- paint portraits, write movies, create television shows, etc. -- you will improve if you practice. If you do nothing else, keep working on your craft. 2. Get support -- I did some research and learned that a lot of writers joined writers groups to get creative support and honest critiques of their work. It didn't take a lot of internet searching to find several writers groups in my home town. Find the people in your home town that are doing what you want to do. The support is priceless. 3. Learn from the best. I also read poetry -- both the classics and the best work that's being done today. I attended poetry readings by professional poets. I went to poetry and writing workshops to learn how to improve. I may not have been able to meet Robert Frost and ask him how to write a poem, but I can buy his complete poems and learn from them. So if you want to write novels, read great novels. If you want to direct films, watch and analyze the work of the great directors. If you want to paint pictures, make sure you see the work of the great masters in person. I started from writing my first poem to my first book in a little over three years. You may take less time to realize your dream, or you may take more time. The only sure thing is that, if you don't try, you're guaranteed not to suceed.

50 Million Frenchmen

2012-12-16T06:39:00.000-08:00

50 Million Frenchmen was a hit Broadway show in 1929 with music by Cole Porter. In 1931 Warner Brothers released a movie version starring the comedy team Olson and Johnson and Broadway musical star William Gaxton. Olson and Johnson were one of the most successful comedy duos of that era. They starred in several films and Broadway shows and are most famous for starring in the Broadway revue Hellzapoppin which ran for three years 1938-1941. I DVR'd this film from TCM last week. I was curious to see one of the most famous early 20th century comedy teams and a man who starred in several great musicals. My regular readers know I love old movies and love film history. Imagine my disappointment when, ten minutes into the movie, I realized I could not stand it. Ole Olson's signature high pitched laugh was more annoying than funny. The gags hadn't ripened with age, they had soured. Gaxton may have moved audiences on stage, but on on film he came across as stiff and old. Warner Brothers had cut the songs out of the movie, having decided in 1931 that the era a of musical films were over. But why am I telling you this? Not just to help you avoid watching 50 Million Frenchmen in the future. it's to point out that tastes change. What was popular in one generation will not necessarily endure. It's only the rare works of art and extraordinary artists whose works last. That's why you shouldn't worry about the legacy of what you're creating. Perhaps it will be Casablanca, and perhaps it will be 50 Million Frenchmen. You can't control how future generations will feel about your work. You can only control what you're doing now. Focus on making each piece of content as good as you can, and let the future take care of itself.

Disney Buys Lucasfilm

2012-11-13T14:33:00.002-08:00

It's now been approximately two weeks since the news broke that Disney bought LucasFilm for a little over four billion dollars. Many of the arguments and controversies that exploded on the web after the news broke have died down. After all, George Lucas had the right to sell and Disney had the right to buy. And who among us doesn't wish they created characters and content worth four billion dollars? I think it was a great deal for both sides. Some fans were concerned that Disney will "Disnify" the Star Wars franchise, but in fact Disney has a great record of letting their acquired companies create their own identifiable content. Look how they handle Pixar, for example. Disney got a bargain at $4 billion, because they own not only an iconic franchise that will continue to generate income, but also Industrial Light and Magic, one of the most innovative special effects companies in the business. That will bring in income and provide more expertise for Disney films. George Lucas will still have influence on the Star Wars franchise, but no longer the burden of maintaining the brand by himself. Some collaboration on the Star Wars brand might even improve the quality of the next three movies. Disney's resources will ensure that the Star Wars brand will endure for a long, long, time, even in galaxies far, far, away. For those of us who create content, this deal underscores the value of our work, and the importance of believing in your vision. When Lucas pitched the first Star Wars film, his previous two films were a flop sci fi picture, THX 1138, and a hit teen nostalgia movie, American Grafitti. Studios would have eagerly purchased another film in the American Grafitti (in fact, a sequel was released a couple of years later) but Lucas wanted to make Star Wars. Only one studio head, Alan Ladd, Jr., at Fox, thought Star Wars worth buying. Today of course, we have many more ways to get our content directly to our audience. So keep creating. You never know which idea will turn into the next Star Wars.

St. Deluxe - how to market yourself

2012-10-26T12:15:00.002-07:00

St. Deluxe is a Glasgow-based fuzz-pop rock band. I interviewed them a little over two years ago for AOL and St. Deluxe was appearing a SXSW in Austin. They were a lot of fun to talk to -- they took their music seriously but not themselves. I've kept in touch with them over the years. I joined their mailing list, liked their Facebook page, and dropped Martin Kirwan, their spokesman, an occasional e-mail. Martin and St. Deluxe do a great job of getting their content to the pubic. They are releasing a new album December 3rd and are reaching out to all of their fans and friends. I received an e-mail directly from Martin. The news is also on their Facebook page, Twitter feed, and of course, their web site. Their web site isn't fancy, but it has everything they and their fans need: bios, news releases, testimonials, and of course, videos. The great thing about the internet is that we can reach our audience directly. But so can everyone else. I've heard that every year the world creates as much content as was created from the Babylonians through 1980. Standing out is a challenge. it's important to create compelling content possible. But it's also important to find your audience. If you can do both, you are well on your way to making a living from your content. You can check out St. Deluxe on social media and their website: www.stdeluxe.co.uk

Spirit in the Sky

2012-10-20T16:19:00.002-07:00

Norman Greenbaum, the writer and performer of the iconic hit, "Spirit in the Sky," turns 70 this year. His story provides hope and inspiration for all of us who create content. Norman was born in 1942 and raised Jewish. He dropped out of school to become a singer/songwriter, and after watching Western movies came up with the fuzzy guitar riff and gospel-style lyrics that became "Spirit in the Sky." Warner music released the single and album in 1969, and the single sold two million copies in 1970. The song is still played today on adult contemporary, oldie, and even gospel channels and is featured prominently in several movies and commercials. You may remember it being used in Apollo 13 and other films. Norman released other albums and had some other charted hits like "Petaluma" although his other most famous song is the novelty hit "The Eggplant that Ate Chicago." Norman's royalties from "Spirit in the Sky," and ancillary products available on his website, support him to this day. Norman still writes and performs -- if you go to his website you can get information about his upcoming concerts: www.spiritinthesky.com. I'm sure after Norman recorded "Spirit in the Sky" he and Warner thought they had something -- but I'm also sure that no one predicted that the song would resonate as long as it did. Something in the music and lyrics makes the song timeless. I believe they'll be singing and playing "Spirit in the Sky" far in the future, when people live throughout the solar system and are sailing for the stars. That's why you must keep creating content, and doing your best with every piece. We never know which song we write is the next "Spirit in the Sky," which television series will be "Seinfeld," or which movie will be "Titanic." If you keep working, your content will become more compelling and your instincts for good work will improve. But we can never know until which one of our creations will be a hit until we send it into the world. So keep working -- perhaps your next work will be the one the Spirit in the Sky smiles on.

When is my content protected by copyright?

2012-10-11T10:39:00.000-07:00

You're protected as soon as you write it down. According to US Copyright law, your work is "under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." Therefore, if you've just composed a hit song in your head, it's not protected by copyright until you write out the sheet music or record it on an audiotape, digital file, or digital video. The same for your novels, poems, films, and any other content you create. You must create it in a fixed and tangible form to have protection. Once you do this, you are entitled to put your 'c' copyright on your work, whether or not you register the work with the copyright office. So why would you want to register your work? Because you can't sue anyone for copyright infringement unless your work is registered. The best protection is to register your work within five years of creating it. That is considered prima facie evidence for a court of law. If you don't know what prima facie evidence is, you haven't watched enough legal shows on TV. You don't have to pay a lawyer to register your copyright. The US government has put your tax dollars to work and created a website, www.copyright.gov, that is full of information on how to register (and is also the source for this post). I urge you to look at it if you are concerned how US copyright law helps protect you. Don't assign your copyright to a corporate entity, record company, manager, or any other person. The owner of the copyright owns the work, and the only way you can maintain control is to maintain ownership. There may be times when you are working for a company that the content you create is 'work for hire' and is owned by the company. Other than that special case, if you are writing a novel, creating a web video, a new song, cartoon, poem, or any other personal content, it belongs to you by law. Don't give it away.

The Story of Rodriguez - Why we create

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

The story of Mexican American folk singer Sixto Rodriguez should give hope to all of us. His story was told in the documentary "Searching for Sugar Man," and also on '60 minutes' and various cable news outlets. In brief, Rodriguez released two folk albums in the early 70s, 'Cold Fact,' and 'Coming from Reality' on a small label owned by Buddah records. The albums didn't sell, the record company went out of business, and Rodriguez worked as a day laborer in Detroit to survive. Unbeknownst to him, both albums became wildly popular in South Africa. South Africans who grew up in the 70s and early 80s said that Rodriguez's albums were the soundtrack of their lives. His songs gave hope to those struggling against apartheid. Since Rodriguez didn't have the money or record company support to tour, rumors persisted in South Africa that Rodriguez committed suicide. This only increased his mythic status. Of course, Rodriguez wasn't dead, just poor. Finally, in the 90s, some South African fans tracked him down and he gave some concerts to screaming fans, before returning to his life as a day laborer in Detroit. A few years ago an unknown Swedish documentary filmmaker, Malik Bendjelloul, learned about the story and made a film called "Searching for Sugar Man." Benjelloul took four years to complete the film, because he had no funding and no distribution. Last year some producer friends submitted it to Sundance, which not only accepted the film but also opened the Festival with it in 2012. Rodriguez' story captivated the festival, and at the age of 70 he is finally a hot property in the US as well as South Africa -- touring, making and selling music. Malik Benjelloul is also finding it much easier to get his next job in film. If someone had written this story as fiction, I don't think anyone would have believed it. Yet it happened. This is why we need to keep creating our own content and send it into the world. Yes, the competition is fierce and the odds of earning a living at your art small. Like Rodriguez, you may never know what positive effect your work can have on other people. If you believe in what you're doing create it anyway. Maybe, just maybe, you will be recognized for it in your lifetime. It's a sure thing that if you don't create your content, you certainly won't be recognized. The poet W.S. Merwin summed it up beautifully in the last stanza of his poem "Berryman," which relates his meeting with the great poet John Berryman. In the poem Merwin asks Berryman if one can ever be sure that what you write is really good and Berryman answers, "you can't you can never be sure you die without knowing whether anything you wrote was any good if you have to be sure don't write."

Stan Lee: Top Ten All-Time Movie Box Office Star

2012-10-02T20:00:00.000-07:00

According to the web site "The Numbers," movies in which Stan Lee have appeared have grossed 3.44 billion (with a 'b')dollars, averaging a gross box office revenue of $191,565,937 million. That puts Stan ahead of Daniel Radcliffe in total and average box office gross for his films, which are, of course, all the Marvel blockbusters. Of course, Stan is not a professional actor. He's the legendary former head of Marvel Comics and creator of such great Marvel characters as Spider-Man, the Fantastic Four, Thor, Daredevil, and of course, the Avengers. Stan no longer heads Marvel, but to honor his contribution (and probably a contractual obligation) the producers cast Stan in cameo roles in all of the Marvel super hero blockbusters. You can see him as a librarian in the current reboot of Spider Man with Andrew Garfield and Emma Stone. The Numbers' list is not adjusted for inflation. Still, Stan Lee's inclusion demonstrates the power of creating compelling content. Stan Lee created Spider Man in the early 1960s, over 50 years ago, yet Spider Man still makes hundreds of millions of dollars for Marvel and for Stan. But when Stan created Spider Man, he was just creating another character for a disposable pop culture magazine aimed at kids. How did he do it? He adhered to two main points: 1. No matter how fantastic the stories got Stan made sure the characters' reactions remained as real as possible. Yes they featured super powers, super villans, amazing inventions, and space travel. At the same time, Spider Man had real problems -- making a living, taking care of his elderly aunt, finding a girlfriend, etc. 2. Stan never patronized his audience. He was writing comic books for kids, but he led his team to make each story as rich as possible -- filled with character details, nuanced reactions, and believable situations. No matter what type of content we're working on or what audience we try to reach, we should apply the same two principles to our work.

How to get an Agent

2012-09-26T20:33:00.000-07:00

If you want to sell your content or program idea to a traditional media outlet -- television network, movie studio. record company, etc. -- it helps to have an agent. Agents, especially those associated with large agencies like CAA, IMG, or William Morris Endeavor, among others, have access that ordinary people lack. They can help target your content to the right buyer, and get it in the hands of a decision maker. If your content is represented by the right agent media companies will review it. They may pass -- they pass on a lot of good material -- but at least they'll look at it. The best way to get an agent is to get an audience. In his book, "On Writing," Stephen King says he didn't have an agent until his third book, although he also says he didn't make as much as he could have from his first three books. Still, I'm sure that when he went looking for an agent he had his pick of the best. Your first book may not be as successful as "Carrie," or your first movie as successful as "Blair Witch Project," but you should try to expose it to as many people as possible. Agents, like everyone in show business, need to make money. If you can help them make money they will fight to represent you. But what if you haven't written a best seller or a blockbuster film? You can still get an agent, but it will require research. You need to research which agents are looking for someone with your talents. Once you find them, you need to call yourself and your work to their attention. You can do that through letters, e-mails, invitations to your performances, samples of your work, etc. It will be a long, slow process, but if you persist and you have the qualities the agent is seeking, you will find one. While you're looking for an agent, remember to keep creating content.

American Idol Producers take my advice

2012-09-18T20:09:00.001-07:00

I was pleased to see the American Idol producers take the advice in my last post and keep Randy Jackson as a judge. He's a link to the glory days of Idol, when it was the most popular show on television and watching it was a national duty. That will keep us long-time fans of Idol happy while the new fans tune in to see Nicky Minaj, Keith Urban, and Mariah Carey. I hope the new judges help Randy raise his game; he seemed a little tired by the end of last season. These new judges help American Idol appeal to a broader demographic, and bring some contemporary artists to the picture. However, new judges do not always result in new ratings -- the X Factor ratings are down year over year, even with the addition of Britney Spears. In their zeal to join the celebrity judge "arms race," I hope the producers haven't lost sight of who the real stars of the show are -- the contestants. After all, the show is called "American Idol," not "America's best talent Judges." More time for the judges means less time for the contestants. If I was producing the show I'd spend most of my time figuring out how to make America empathize with and root for my contestants. The most important task the judges have every season is picking the contestants that will make the most compelling personalities. The judges and producers need to remember they're casting a television show, not necessarily picking the best singers. When we create our own content, it's easy to lose sight of the central spine of our work. Especially in longer works things come up, other pressures come to bear, and we make adjustments. It's only when we step back to review the final piece that we realize we went totally off the rails, and need to fix the problem in revision. The American Idol shows are live; there's no chance to go back and fix them. In order for the show to succeed, the producers need a strong focus on the show's stars - the contestants. For your content to succeed, you need to keep the same strong focus on the key aspects of your piece.

Idol Rumors

2012-09-11T15:12:00.003-07:00

The X Factor added Demi Lovato and Britney Spears as judges this fall, to ratchet up audience enthusiasm and increase ratings. The producers also want their star power to fight NBC's hit show, The Voice. Meanwhile, as of this writing Mariah Carey remains the only judge signed for American Idol in the spring. Rumors are flying that Randy Jackson, the only remaining judge from the original group, will be forced into a mentor role so Idol to sign big name judges to compete in the musical competition show arms race. Why did X Factor sign Britney Spears and Demi Lovato? The answer is not because they wanted pop stars who could truly judge whether or not the acts will become stars. The answer is demographics. If you were a young Britney Spears fan in the late 1990s or early 2000s you are now probably in your mid-twenties, an audience demographic networks crave. Fox is hoping that the kids who loved Britney will watch X factor. If they do, Simon Cowell will reach the 20 million audience goal he set for himself last year. American Idol aims at a slightly older crowd, so they're hoping Mariah Carey's fans in the early 90s will watch her on Fox. There are rumors Idol's producers are negotiating with Enrique Iglesias and a male country star to round out the demographics for the audience. I think it will be a mistake if Idol hires stars without regard for how they will interact with each other, the contestants, and the audience. I hope they're testing the potential judges in front of a camera before signing them. After all, Randy and Simon were unknown to the American audience when Idol started. Paula Abdul was the biggest star, and she hadn't had a hit in years. Let me give Idol creator Simon Fuller, and all of my readers, some advice. Television makes its own stars. I recommend he sign someone like former Idol contestant Adam Lambert (another rumor) who can identify with the contestants. Adam will bring his outrageous personality to judging like he did to his performances. Of course you have to keep Mariah Carey in her $18 million part time job at this point. But let the audience discover that they like the other judges after watching them. That will result in higher ratings. I would keep Randy. We've grown used to him in our living rooms -- there's a comfort factor to television that drives repeat viewing. Two new judges -- whoever they are -- will be enough for us. People love to discover new talent. Remember, television makes its own stars.

The Surprise #1 Rated Network

2012-09-05T19:44:00.001-07:00

The last week of August is traditionally a slow time for broadcast viewers. The week of August 27, 2012 to September 2, 2012 was no exception. There were news events: The Republican Convention and Hurricane Isaac. But there were almost no new programs on broadcast networks. So which network delivered the most viewers from the highly coveted Adults 18-49 and 18-34? The answer: Univision. That's right, the Spanish-language network was #1 and it wasn't even close in those categories. Univision delivered 17% more audience than its nearest rival, ABC. It's ironic that while the Republican Party scheduled speeches from several Hispanic politicians in an attempt to woo the Latino vote, they might have been better off buying ads during Univision's most popular telenovelas: Por Ella Soy Eva (For Her I'm Eva) and Amor Bravo (Fierce Love). This won't last, of course. Football starts this week, and the fall television season soon after that. But, as I've said in other posts, this is a revolutionary development in American broadcast. A niche channel with a large, dedicated audience, like Univision, can outdraw the general entertainment channels. What's true for Spanish-language television may also be true for your niche content. Does this mean we should all learn Spanish and make telenovelas? No, although it never hurts to learn a second language. If we all made telenovelas the competition would drive the price down. However, it does demonstrate that popular success can come from unexpected areas. Aiming your content at a dedicated niche audience may lead to more popular success in the long run than trying to create content that's all things to all people. There are many different routes to become #1. Find the one that works best for you.

No More Jersey Shore

2012-09-03T13:29:00.001-07:00

The announcement that this was "Jersey shore's" last year on the air was greeted with glee in some quarters. My rabbi, for example, gave the news a big thumbs up. The antics of America's favorite group of guidos and guidettes have been evidence exhibit number one that the coarsening of American life has gone as far as it can go. MTV's decision to cancel the show is seen as proof that America has come to its senses. Both observations are obviously wrong. If the history of television has taught us anything, it's that networks and producers are always pushing the envelope in every conceivable direction to increase ratings. Some time soon, a show will air that will make "Jersey Shore" look like "Leave it to Beaver." We have not seen the last of the cast either -- I'm sure MTV has spinoffs planned with every single cast member. Snooki, the Situation, and J-Wow will be with us as long as networks believe people will watch their shows. MTV executives confirmed my suspicion that budget was one of the factors behind their decision when they specifically said budget was not a factor in their decision. Understand that budget is always a factor for media companies -- that's why they keep airing reality shows, because they are generally less expensive than scripted shows, and the ratings are comparable. But a hit reality show like Jersey Shore is an exception. The cast made money similar to actors in scripted shows. With the show in its sixth season the production company almost certainly got a big bump. So MTV execs were faced with a familiar situation: The show cost a lot of money, but its ratings were declining. Should they continue for another year or two, or cut their losses and use the news that this is the last season to maximize the ratings for the season? Clearly, they decided to cut their losses. The statement that MTV just felt that it was time for the network to move on is self serving and I don't agree. No network drops a hit show unless they think the show is no longer profitable. It's a problem we should all have -- if you're a program producer you hope you have a hit show. If you can sustain the show for six years like Jersey Shore you should be happy. If you want to sustain it for longer, do your best to keep the costs under control and do everything you can to make each season seem fresh. Eventually, no matter how hard you try, your show will be cancelled. That's why I said almost from the beginning of this blog, make sure you're working on several projects at the same time. Once you've had a hit show, you'll find most media companies very eager to hear your next idea.

Sometimes Less is Less

2012-08-27T19:15:00.002-07:00

I couldn't wait another year to find out what happened in the third series of Game of Thrones. I went back to the original source and read the third book in the series, Storm of Swords. George R.R. Martin's book is over 1,000 pages long in paperback. I read it all as fast as I could to find out what happened. All of the books in the series have been long. They have to be to cover the sprawling story set mainly in the land of Westeros, covering many different stories and characters. I devoured every page, and when I got to the end I wanted more. That's the mark of a great story teller working with a great story. In general, publishers, producers, and even poetry editors prefer shorter pieces. They don't cost as much to publish or produce. They also believe that the audience's attention span shrinks every year, and in order to find an audience their content must be shorter. In some cases, telling more details can make your story better. The books in the Game of Thrones series proves that's not the case (I know the overall series is called, "A Song of Fire and Ice" I just call it "Game of Thrones" because I first came to it through the HBO series, not the novels). In the right hands a long story can be even more commercially successful than a short story. It's a truism that less is more. Even if that's generally true, it's not true all the time. Sometimes, less isn't more, less is less -- making a story shorter can sometimes lose its heart. How do you know? Trust your instinct. You've spent more time with the material than anyone else. What do you think? Ask the opinion of one or two trusted readers (or viewers if it's a video). Are there parts of the story they think you should cut? If you think your story works better at length, keep it. Don't cut just because someone said "less is more." Should you make cuts if your publisher or producer requests it? I'll address that in a future post.

Screenplays

2012-08-21T18:28:00.002-07:00

Screenwriters make a lot of money. According to the current Writer's Guild agreement, the minimum for an original screenplay for a high end theatrical film is $122,000. Of course, that's the minimum. An established screenwriter, or a hot script from a newcomer, can net an author much, much more. $1 million for a screenplay used to be news; it's not any more. Screenplays are short -- one rule of thumb allows one minute of screen time for each page, so a two hour movie can be told in only 120 pages. And those pages aren't covered with dense prose. There's lots of white space for dialogue and shot descriptions such as "Int. Joe's shack on the St. John's River. Evening" that don't appear to take a great deal of creative brain space. So screenplays are short and pay a lot of money. Why aren't more people writing them? Actually, there are a lot of people writing screenplays -- but most of them aren't making money. I've read some estimates that only 5% of the Writer's Guild members can support themselves on screenplays. Most of them have to work other jobs to live. That's not unusal for performing unions. The vast majority of members of the Screen Actor's Guild, Actor's Equity, the Dramatist's Guild, etc,. don't make their living from their art. So if you want to make a living writing screenplays, what should you do? First -- move to Los Angeles. That's still the center of the film industry. Make connections with production executives, directors, agents, actors and other players in the film industry. I'm assuming you don't have other connections in the business. The most important thing is to make connections and find an agent, so that the screenplays you write will be read. You can't do that sitting at home. You might protest that William Goldman, who is one of my writing heroes, didn't move to LA. He got all his screenwriting jobs while living in New York. That is correct. But Goldman was already a successful novelist and Broadway script doctor before he sold his first screenplay. He had an agent. If you're a successful novelist, get your agent to sell your book to a studio with the stipulation that you write the screenplay. For the rest of us, making the right connections remain the key. If you can't move to Los Angeles, then at least get an agent who will represent your work in LA. How do you get an agent? See my previous posts. But essentially, it will help immensely to get a connection to an agent and not submit blindly. They receive a lot of material, and a recommendation from a connection will help get your script to the top of their pile. There's another option: Make the movie yourself. That approach worked wonderfully for "Paranormal Activity" and "The Blair Witch Project." It has never been cheaper or easier to make a quality film. If you don't know how, partner with someone from your local film school or production company. You can even distribute the movie on the internet. You may lose money on this first effort. However, you will show the worlde that you can write a screenplay and make a movie. Assuming the movie is good, you'll have an easier time making the next one.

Words from Michael Jordan

2012-08-14T12:10:00.002-07:00

The Olympics are over. Most people in TV and film are taking vacation before the fall season starts. Fall films, full of adult situations and deep meanings will start airing in September, after studios clear out the last of their action films, like The Expendables 2. Now is a good time for you to assess your projects. Are they ready to pitch? What work remains to be done? Have you set aside time in your day devoted to creating content so you can continually improve your work? There are four and a half months left before the end of the year. Plan to finish a project a month until the end of the year, and you'll have four projects to pitch starting in January. You may not do everything perfectly the first time. No one does. Keep going. To encourage you I leave you with some words from Michael Jordan, two time Olympic gold medal winner and still considered by many to be the greatest basketball player in history: “I’ve missed more than 9,000 shots in my career. I’ve lost almost 300 games. Twenty-six times, I’ve been trusted to take the game winning shot and missed. I’ve failed over and over and over again in my life. And that is why I succeed.” - Michael Jordan, gold medalist in basketball in 1992 and 1984