The Mentoring Room - Ask the Working Pros

Mentoring Room

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This is a Public Topic geared towards first-time filmmakers. Professional members of The D-Word will come by and answer your questions about documentary filmmaking.

Andrew Berends
Pro
Hi there,

I'm writing in regard to my documentary film URK.
(www.storytellerinc.com/urk) It was recently nominated for the 2003
IDA Pare Lorentz Award. It looks like I'm about to sign a deal with a
distributor at the beginning of next week. I've never done this
before, and I have a few questions.

1- Do I need to get a lawyer to help negotiate the contract? Are
there other resources which could help me educate myself to handle
negotiating the contract?

2- I am eager to sign ASAP, because the distributor is prepared to
take the film to MIPCOM next month. Is this a good idea, or should I
not rush into it simply in order to make it to the market?

Thanks for your advice.
Doug Block
Host
Micheal Wiese's book, The Independent Film & Video Guide has a very useful chapter on the distribution contract. But I would definitely recommend you run the contract by an entertainment lawyer.

MIPCOM is nice but don't settle for something because there's a deadline. In fact, this distributor probably won't be able to properly promote your film there if you sign at the last moment, so it might not be helpful.

Deleted User
Fan
I am making a doc right now and there has been a need for some local tv
news to be added. I have found the material through VMS (Video Monitoring
Services) here in LA but as it turns out they sell it for research only. Does
anyone know the parameters of usage os such material.

I'm calling the networks now but in the meantime wanted to see if anyone had
similar experiences with this specifically in the US.

Thanks for any feedback!
Drew Carolan
Los Angeles
Erica Ginsberg
Host
Contact the local stations directly to find out if they license
footage. If they operate like national news archives, they would
probably charge you a fee for a screener tape (which you may not need
if you can a tape for free through VMS and decide exactly which
footage you need). Then you would need to pay a licensing fee (which
could vary depending on what kind of rights you need -- is this just
for festivals or small scale screenings, educational market or for
broadcast, theatrical release or home video? Sometimes you can
negotiate multi-level rights -- cheapest, most limited now with
potential to upgrade to broader rights later. I haven't worked yet
with local networks, but national broadcasters generally charge
anywhere from $10-50/second often with a 30-second minimum (some
places may also charge on a per cut basis). If anchors or reporters
are on screen, there may also be some permission/license
considerations for them.
Deleted User
Fan
Thanks Erica. That's very helpful!
This is a project for Channel 4 in the UK.
Deleted User
Fan
Hi all,

I have some of those questions you probably hear a million times.
I'm working on a doc focusing on the media. we're interviewing and
taping the activities of reporters and producers in the field, who
agree to our presence. some work for local stations, others for
networks. the big question: do we need to get performance releases
from everyone we shoot? or is getting them on tape agreeing to talk
enough? what about the reporters and producers we shoot from afar?
they are public people working in a public area, do we need to get
permission to use video of them?

at this point, we don't have a distribution deal, so i can't say for
sure how the footage will be used... but this will be a
serious "news" piece... how worried do we have to be about getting
signed releases?

any advice would be appreciated...thanks...Kevin
Doug Block
Host
Kevin, I'm not an entertainment lawyer, but... I would definitely try
and get releases from anyone you've interviewed and anyone who is
speaking on camera in any kind of prominent way. I wouldn't bother
with reporters from afar (but I'm not an entertainment lawyer).

Releases are less about fear of lawsuits than for E&O insurance that
any broadcaster or distributor would demand before taking on your
film.
Deleted User
Fan
hi guys, i know this is a real basic question, and i'm kinda
embarassed asking about it. But seeing i'm a newbie and all, i'd like
to ask about performative docus. I've read stuff written about it but
i still don't get how it's different from the other
established "genres" of docus (i.e. verite, direct cinema, etc.)

And what exactly is the "performative" element? furthermore, if i may
add another question, are there certain subjects that are
particularly suited for a performative docu? Hope you guys can help
me out. Thanks! :-)
Robert Goodman
Pro
direct cinema and verite are two names for the same thing.
Never heard of performative docs. Have heard of performance docs -
that would be all those shows about musicians.

care to give us the definition you've read so perhaps we can figure
this out.

I will say that most of the writing about film, filmmaking,
documentaries, and the rest is mostly horse shit.
Deleted User
Fan
Hello everyone and good afternoon ...well it's afternoon over here...
In my presentation post I have mentioned needing help with research.
In fact I am looking for people who are passionate about collecting
garden gnomes and also for people who snatch them from their homes.
I'd like to make a documentary on this subject and would like to
investigate further. So far, I'm sorry to say, I've met only with
lunatics who took the whole thing very lightheartedly and seemed to
steal the dwarves out of boredom. I know there must be something more
to it.
Can anyone help?
Thank you very much.
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