CINE Newsletter - November 2008

IN THIS ISSUE:
• CINE President’s Letter
• A Guide to The Public Domain by The Chubb Group of Insurance Companies
• Brainstom to Broadcast
• Finishing in High Def: The Henninger Media Services Series

President’s Letter

Hello everyone! Welcome to the Fall edition of the CINE Newsletter. We’re so happy to share our news and notes with all of you.

As we mentioned in our last edition, one of our goals at CINE is to give all filmmakers — young or old, novice or veteran — information that will help them find success in the film and television industry. Knowledge is power, and this edition of our newsletter is full of information and announcements to give further insight to our constituency of filmmakers.

Firstly, we feature an article on the public domain. Navigating the clearance issues involved in the public domain can often prove confusing and intimidating for filmmakers, but thankfully, our sponsor The Chubb Group of Insurance Companies has provided a concise, useful guide.

I am also proud to announce that CINE has launched a new Educational Series of workshops and panels. Our first event, “Brainstorm to Broadcast”, was held last week in Washington, D.C., and we have included an account of the event below. I’d like to thank our partners for the evening, History and Story House Productions; our panelists, Carl Lindahl of History, Carsten Oblaender of Story House and CINE Board Member Mat Tombers; the Goethe-Institut for their hospitality; and all of our attendees. Thanks to all of you for making the event such a success!

I’m also happy to announce that the next several installments of our Educational Series will be presented by Henninger Media Services. The Henninger team has been a generous sponsor of CINE for the past several years, and we are thrilled to join them in this venture. The new series, “Finishing in High Def”, will begin next January. Keep checking our website for updates.

And finally, our Fall 2008 Golden Eagle Competition cycle is almost complete. Results will be sent to entrants soon, and our newly minted Golden Eagle Award-winners will be posted on CINE’s website (along with pictures and links) in December. Thanks to all of you who have entered, and I wish you the best of luck. The Golden Eagle Competition is the cornerstone of CINE, so please continue to support us!

Thanks everyone!

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The Public Domain: Smaller Than You Think

By Andrea Taylor and Christopher Cooper
The Chubb Group of Insurance Companies

The opinions expressed in this article are not necessarily those of CINE and do not constitute legal advice.

You may believe that the components of your film ― from the footage to the music and storyline — are in the public domain. But what if you’re wrong?

The public domain refers to intellectual property that is available for public use. At one time, the property may have been copyrighted, but as a result of copyright expiration or for other reasons, it entered the public domain and is now free to anyone who wants to use it.

What is and what is not in the public domain can be confusing, to say the least. For example:

• Surprisingly, the popular song "Happy Birthday" is not in the public domain. Any unauthorized performance of this song or use by a filmmaker, musician, or even a restaurant could put you at risk of receiving a cease-and-desist letter from its owners.
• The novel The Wonderful Wizard of Oz, by L. Frank Baum, is in the public domain. However, the well-known MGM film is not in the public domain. When the film was created, several key modifications were made, including changing the color of Dorothy’s silver slippers to ruby. In 1995, when the novel Wicked: The Life and Times of the Wicked Witch of the West was published, the author included only a vague description of his story’s magic slippers in order to avoid infringing on the original material created for the film.

It’s easy to see how misconceptions about the public domain can lead a filmmaker into trouble.

Public Domain Facts

• Very little intellectual property is in the public domain.
• Almost no works published after 1978 are in the public domain as a result of the Copyright Act of 1976.
• A work may be decades’ old, but it still may not be in the public domain.
• Even if a work’s creator has long ago died, his or her work may not yet be in the public domain.
• Works may be copyrighted regardless of whether they are formally registered or contain a "©" symbol.
• A copyright is valid for the life of the author plus 70 years (if the author is an individual); or the shorter of 95 years from publication or 120 years from creation for works written for hire, anonymously or pseudonymously.

When You Violate Copyright Law
If you don’t obtain permission to use a work that is not in the public domain, you violate copyright law — even if you mistakenly believed it to be in the public domain. Some possible consequences of violating copyright law may include:

• Monetary damages (actual damages or profits of the infringer) or, alternatively, statutory damages ($750 to $30,000 for all infringements with respect to any one work; $200 to $150,000 for intentional infringement).
• Attorney’s fees and costs.
• Your reputation may be damaged.

Tips for Protecting Yourself from Public Domain Fines and Lawsuits
Most importantly, confirm that any work in question is in the public domain before you use it:

• Look for a symbol indicating that the work is copyrighted, such as a "©."
• Contact the U.S. Copyright Office (www.copyright.gov).
• Research who owns the work in question (search the Copyright Office).
• Contact an experienced clearance or copyright attorney.

Even after taking these steps, it may still be unclear whether a work actually resides in the public domain, or it may be impossible to identify the author. However, you can protect yourself financially in the event of a lawsuit by purchasing errors and omissions (E&O) liability insurance.

E&O insurance will cover monetary and statutory damages, as well as attorney’s fees and costs, resulting from infringement of copyright law.

Copyright laws can be complicated and determining whether a work is “safely” in the public domain can be difficult to determine. The best way to protect yourself, your film and your reputation is to play it safe and get expert legal advice.

Andrea Taylor and Christopher Cooper both underwrite E&O liability insurance for The Chubb Group of Insurance Companies.

Click to read the article.

Brainstorm to Broadcast

On Thursday, November 20, CINE launched its new Educational Series with Brainstorm to Broadcast. Held at the Goethe-Institut in downtown Washington, D.C., the event brought together a diverse group of professional, student and independent filmmakers for an evening of networking and discussion.

Following a reception, attendees viewed the CINE Golden Eagle Award-winning film The Cole Conspiracy. The film, which was produced by Washington, D.C.-based Story House Productions and broadcast by History, tells the dramatic story of the bombing of the USS Cole off the coast of Yemen in 2000 and the terrorist network that executed both the Cole bombing and September 11, 2001 attacks. In attendance was Special Guest Commander Kirk S. Lippold, USN (Ret.), who commanded the USS Cole at the time of the attack.

The evening concluded with a panel discussion moderated by Mat Tombers, the managing director of Intermat and member of CINE’s Board of Directors. The featured panelists were Carl Lindahl, Executive Producer for History and Executive Producer of The Cole Conspiracy, and Carsten Oblaender, the Writer, Director and Producer of The Cole Conspiracy and Co-President of Story House Productions. Both spoke about the film’s production and braodcast and answered questions from the audience on a range of topics, including how to interest a particular network in your film, the relationship between network ratings and budget, and the use of production devices such as graphics and reenactments.

At CINE, our mission is to serve emerging and established filmmakers by providing the knowledge and resources necessary to succeed. We look forward to the next event in our educational series (see below for details), and invite you to participate. Keep checking our website for more information!

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Next in CINE’s Educational Series

Finishing in High Def

CINE and longtime sponsor Henninger Media Services will team up on a series of workshops starting in January 2009 that tackle a host of technical issues faced by producers making the transition from SD to HD.

High Definition Television is no longer a thing of the future. It is here. Now. Producers ranging from newcomers to grizzled veterans are scrambling to get in the picture, and are discovering that there is a lot they need to learn about the demands of the new medium.

To get the desired outcome — whether for broadcast or DVD release, in High Definition alone or dual release with Standard Definition — attention must be paid to what it is going to take to get there. A series of seminars with hands-on components are in development that will deal with:

• The mastering process — using mixed formats of HD, SD, HDV and so on
• Acquisition in tape and non-tape modes
• Workflow — incorporating together archival and new material from SD and HD sources utilizing various formats
• Color correction — meeting broadcast requirements in the HD/SD environment
• Sound mixing — where surround sound is no longer exotic

Since the seminars will allow for in-studio experience, attendance will be limited. Stand by for further information!

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CINE Sponsors

CINE thanks its distinguised sponsors for their generous support.

Contact Information
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Washington, D. C. 20036
Phone: 202-785-1136
Fax: 202-785-4114
info@cine.org