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The Mentoring Room - Ask the Working Pros

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.

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Brian Boyko
Thu 13 Dec 2007Link

This man is a politician. He holds a ministerial position in the national government of New Zealand. He has obviously agreed to the interview.

There are two complications. 1) The interview took place in his party's caucus room, and we do not have a location release. It's not his home or personal office, but it is an area not open to the general public. 2) The man is VERY well known in New Zealand. He is a famous and very controversial figure here. He holds high national office. But if people in the U.S. don't know who he is, would he be considered a private figure in the U.S. market?


Joe Moulins
Thu 13 Dec 2007Link

I don't claim to be an expert on ...anything, really, but I do suspect you are overthinking this, Brian. This sounds like a cut and dried case of a Big Swinging Dick messing with you.

If you ask this question in the legal forum you may get a more nuanced response, but I don't think you have anything to worry about in this case.


Brian Boyko
Thu 13 Dec 2007Link

Thanks – yeah. When we go over the raw footage, we'll see what we have him on tape saying. :)


Wolfgang Achtner
Thu 13 Dec 2007Link

Brian,

This is really a no brainer.

A Minister is a public figure. He agreed to go on camera (this is proven by the fact that you have the recording). You can use video. End of subject.


Marianne Shaneen
Sat 15 Dec 2007Link

Hi Doug and D-word folks, thanks so much for this awesome resource!

I'm currently in post on a feature documentary. I've been in discussions with a producer and funders who I will probably be partnering with. In looking through older posts I saw that you recommended your lawyer Richard Freedman, highly. I don't know if you're into making public endoresements or renouncements, but that post was in 2003. : )
Just wondering if you would still recommend him and/or if you might recommend another trustworthy entertainment attorney that works with indie directors, and perhaps is not incredibly expensive, in NY?

Or if anyone else might chime in with a recommendation (if such recommendations are allowed)?

Thanks so much!
And major congrats to Doug on A Walk Into the Sea!!!!!!


Marianne Shaneen
Sat 15 Dec 2007Link

Hi again,
another question. Could anyone lay out a basic idea of forming an LLC? Specifically: if I've been making a film and it's in post, and I bring on a producer and funders, and that producer's lawyer draws up the LLC and operating agreement, ...this is where I get a bit confused. If the producer's lawyer draws up the operating agreement and represents the film, is it any conflict of interest or am I at a disadvantage because he's also the producer's lawyer?

Wouldn't I instead set up my own LLC, and from there enter into an agreement between my LLC and their corporation? Or is it standard practice to form an LLC with all the parties involved? I want to retain ownership of my film, so I'm not sure how that works.

I don't mistrust any of these people, I just have no idea how these things work. (obviously why I'm asking for attorney recommendations). Thanks!!


Doug Block
Sat 15 Dec 2007Link Tag

Marianne, it's actually Robert Freedman, and, yes, I still highly recommend him. Here's his contact info . I'd also recommend Dan Satorius – he's in Minneapolis but considerably less expensive.

I'd ask these guys about the LLC as I'm not an entertainment lawyer. But if it were me, I'd set up my own LLC and keep ownership and control.

Edited Sat 15 Dec 2007 by Doug Block

Robert Goodman
Sat 15 Dec 2007Link

2nd that thought. Last money in should be treated very differently than the people who walked with you from the first step.


Marianne Shaneen
Sun 16 Dec 2007Link

Thank you so much! I will look into both.
From what I've read it seems that the LLC can be structured (with all partners) in any way, so I could be sole owner and it determines how payments/points/percentages come in and clarifies what everyone's roles and responsibilities are. But yep, I'm not doing anything without consulting an attorney.
I'll keep you posted. :)


Doug Block
Sun 16 Dec 2007Link

good luck, marianne. tell bob and/or dan that i sent you their way. it can't hurt.


Marianne Shaneen
Sun 16 Dec 2007Link

Thanks Doug, will do!

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Malgosia Askanas
Wed 19 Dec 2007Link

Many thanks for the response to my previous question. Now I have another. Could anyone advise me how I could get hold of a copy Jonathan Lewis' documentary "Reputations: Pope Pius XII – the Pope, the Jews and the Nazis", which was made for BBC2 and shown in 1995? I tried contacting BBC about it through their website, but received no response. Any advice would be greatly appreciated. Perhaps there is some way to contact Jonathan Lewis directly?


Marianne Shaneen
Wed 19 Dec 2007Link

Hi Doug- I spoke to both attorneys you recommended, they were both really wonderful and both raved about you : ) (really).
One more expensive w/no retainer, one less expensive requiring a retainer, and both seemingly equally great (knowlegable, helpful, cool).
Many thanks again!!


Doug Block
Wed 19 Dec 2007Link

you're welcome, marianne. sorry i gave you a tough choice ;-)

Edited Wed 19 Dec 2007 by Doug Block

Evan Thomas
Wed 19 Dec 2007Link

Hi Malgosia,

I'm assuming it's not available to buy.

It could be expensive to get a copy from the BBC as it's liklely it's sat on a big shelf somewhere and could cost £££ to get a copy from the master tape. Maybe you would have more joy with contacting Jonathan Lewis?? Might be a long shot though...

It's a bit naughty but it might be on a torrent somewhere on the web? Especially since it features Nazis there always seems to be plenty of Nazi related documentaries available for download.


Darla Bruno
Fri 21 Dec 2007Link

Hi,

Wondering if someone can advise me on sound. I'm going to be working with a dp in January on a shoot in a hilltown in Italy for my first doc. Our sound guy can't do it, and my budget already has me eating beans and rice. So we're going without a boom operator. My dp assures me we'll be fine, but all anyone has ever warned me about (and I'm a TOTAL newbie) is how important sound is.

My dp has done other docs, and I trust his opinion; we have wireless mikes and he's got an awesome camera with a good mike, but again--everyone has always said, don't rely on the camera mike. Most of our work in Jan is going to be interviews and b-roll, but are we screwing ourselves without a boom operator?


Wolfgang Achtner
Fri 21 Dec 2007Link

Darla,

Have read your previous postings, was under the impression you'd be shooting next summer. You could be fine without a soundman, I have completed several documentaries without one, it really depends on what you're doing.

For interviews and some B-roll you should be fine without one.

I live in Orte, outside Rome and I've worked here zillions of years. if you care to call for a chat, feel free to do so. Remember we're 6 hours ahead of you over here.

E-mail me and I'll send you my phone nr.


Nick Higgins
Fri 21 Dec 2007Link

I concur with Wolfgang that as long as your DP sets up the audio well for the interviews you should be fine.

Doing the one man band thing only really gets tricky when you have multiple people talking at one time eg. a dinner scene with lots of people or a hike in the hills with lots of people etc etc, any of these "verite scenes" with multiple people is when an audio tech with boom/multiple lavs is worth their weight in gold.

The camera mic will be fine for b-roll but for an interview thats more than a few feet away it wont be much good. If you take it off the camera and mount it on a stand close to the subject being interviewed it could be a good addition to the lav mic too.

When you go the one man band route its best to acknowledge that it can be done but if and when something goes wrong it definitely takes one person doing multiple jobs much longer to identify problems and correct them than when you have a dedicated sound person doing nothing else.

I shot one man band in a verite scene last week, a demonstration by workers who met at a parking lot and marched a half mile to their factory. It was sub zero temperatures and all was going well right up til the march got underway. The second they set foot on the road the lav went down. I had to march along and try and fix it on the fly. It didnt happen and we had to go with camera mic only until they arrived on site and we managed to rectify. Thats the downside of one man band cause if we'd have had an audio tech he probably could have fixed the problem while I shot on. With only me I had to choose between fixing it or shooting and after a few fumbly minutes I had to give up.

Edited Fri 21 Dec 2007 by Nick Higgins

Darla Bruno
Fri 21 Dec 2007Link

Wolfgang, you can find me at editor@darlabruno.com. I am in constant communication with people in Italy, so will respect time difference. My latest thought is that I should find some equipment and do my own sound if a situation requires a boom mic. (I've never even handled one, though-and no offense to an sound people-but desperate times . . . )

So, while I did say this will mostly be interviews and b-roll, I image there might be, say, a farm shot, a pig slaughter, a woman cooking in her kitchen. These are scenarios I imagine that will need additional mic-ing.


Darla Bruno
Fri 21 Dec 2007Link

Thanks, Nick! Just so you're clear. I'll be there with the dp. I'm not operating the camera . . . and I'll have my hands free. So I'm just wondering if there's a way I can help if I have a boom mic.


Doug Block
Fri 21 Dec 2007Link

I was gonna suggest you do your own booming when necessary, Darla. On camera mic can work in many situations but unless you're trying to be really inconspicuous, booming is better.


Darla Bruno
Fri 21 Dec 2007Link

Okay. I shadowed some filmmakers once, and I get the point of how to hold the mic toward what's being filmed, but all those dials and channels – no idea. Is this really something I can do if I borrow a boom mic? (I'm feeling heartened.)


Erica Ginsberg
Fri 21 Dec 2007Link

Darla, can you pay a soundman a half day of pay before you go to train you in how to use the dials and channels? For what you want to do, it really is not as daunting as it may look. And, once you're there, perhaps do a test run interview to start so you can get comfortable with the boom before going into the keepers.


Darla Bruno
Fri 21 Dec 2007Link

Thanks, Erica! I think largely I'd like to use wireless mics for our interviews, yet, when I think about those I want to interview for this shoot, many will be women who I want to be in the kitchen cooking or preparing something or a cafe owner being behind the bar of the cafe (there might be clanging of dishes) – so in these instances, could we get away with wireless, or is it best to use boom? Anyway, I think you're right. I'm going to see if I can get a quick-and-dirty lesson and find the equipment. I've still got some time.


Christopher Wong
Fri 21 Dec 2007Link

darla, you should be fine doing boom. a reasonably intelligent monkey could do it – i should know because i've boomed many of my shoots. what is not so easy is the sound mixing. again, it's not rocket science, but if you are a boom novice, then you probably don't want to be taking one hand off of the boom to adjust levels.

the main thing is to be sure of what you are shooting. if you absolutely know that you will only be shooting broll and interviews, you can forget about the boom pole. but if there's even a chance that there will be improptu conversations between two or more people, bring along the boom pole, and record sound directly into the camera. If you and your DP don't want to be tethered together by a sound cable, you can also look into getting a wireless boom setup. this is kind of the best of both worlds (for you) where you don't have to adjust levels (the DP can do that), and you have freedom to roam around.


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