Redbox pushing your favorites

Redbox, yes you all know the name and seen the Red box in your local retail establishments. What they do is rent the consumer a desired or intriguing video or game; but have you ever noticed any trends or consistencies with redbox content?

Check out how many films in the Redbox catalog have a produced by Summit Entertainment on them. Yes that’s right, in 2009 Summit and Redbox signed a two-year agreement allowing Redbox to distribute Summit new releases, films on catalog, and Straight to DVD's. This contract was made to help increase awareness of Summit films and monopolize on a growing kiosk market. So that’s why there are so many “B” movies in the Redbox catalog; that’s because they probably came from Summit Entertainment. That does not mean Redbox can only rent Summit movies, it just means the majority will be theirs. But now its 2013 and Summit a company that was holding on by a thread and their Twilight Franchise, had sold their company and stock in 2012 for $412.5 million to Lions Gate. Lions Gate stated they are trying to increase their library with popular franchises like, Twilight, and Summit's trying to sell them self off to a bidder while they are still desirable from the success of Twilight. Lions Gate says they will try to duplicate the distribution the value of the Summit hit franchise.

So all that this means is check the Redbox and you will notice what film company you are supporting, with your many trips to the gas station or grocery store.

But wait, your wondering "yeah I see a lot of hits and know faces in movies from Summit and Lions Gate in the big Red box; but what about the other “B” movies?" According to Eric Litynski, the Director of Purchasing/ Content acquisition for Redbox, the company tries to get a wide range of films to appeal to every demographic possible. The films are selected and for the family orientation and popularity at the moment, but the Indy films you may notice in their catalog are for the niche market that there may not be I high volume of quality films; like suspense and horror. So if there are independent filmmakers out there that want to get their product in the big red box, they need to do one of two things. Either cast big Hollywood names specific for the genre or make a really good film that there are a shortage of, like suspense and horror. After your film is complete you must get your film affiliated with a distributor somehow and they will pitch it to the Redbox execs, but your best bet is the distributor that Redbox primarily uses called Video Products Distributor or VPD.

So Redbox helps everybody? From struggling major motion picture companies to up and coming independent filmmakers. But who really reaps the benefits, is the customer who can go around the corner and get a decent flick for a buck.  

A Distribution legend

What do believe is more important, a great production company or a great distributor? Yes you do need a movie in order to distribute, but there are a lot of horrible “B” and Indy movies that are seen by millions of viewers. Millions of viewers mean millions of dollars in revenue, and how is this happening? Distribution!!

A Distribution Company is whom a studio licenses their film or television show rights to, in order for both companies to make money. The distribution company is responsible for screening the film or TV product for theater execs and prospective buyers. The Theaters then leases the films for a select time or engagement; and home entertainment media printing companies make the Blu-rays and DVD’s we watch. There are many different forms of distributing media, but the point is all the same, get the product to the masses so the filmmaker, studio, and distributor can deposit a check.

One of the oldest and well known film companies whose only business involves distribution these days, is Metro-Goldwyn-Mayer or MGMpictures. Because of financial woes, MGM does not partake in the production of film and Television anymore. What keeps MGM alive is their massive library of classics and their copyrights to each one of them; classics such as Gone with the wind, Rocky, and part ownership in the Bond Franchise.

MGM leases their rights to other film studios, allowing them to produce a new film or even re-distribute and old favorite, but all for a nice percentage. Maybe that’s why their mascot is a Lion, king of the copyrights eh. 

MGM may not have the resources or funds to produce their own films, but they do commonly co-finance productions. Sony pictures have been a major partner with MGM pictures, co-financing the last three Bond movies; Casino Royale, Quantum of Solace, and Sky fall. Sony also has an agreement with MGM which allows Sony to distribute MGM films and episodic.

So once again the production company has the camera, but if you want to see the picture, the distributor has the ticket for sale or the price tag on the DVD gift set. Be supportive of your distributing partner, such as movie theaters, legal Hard and digital copies of media. The less support- the higher the prices get. One way or the other your favorite producer or director is going to the bank, with a check written by the distributor. 

Copyrights and Characters, Oh My!

I am not a lawyer and not authorized to give legal advice, I am sharing a collection of information from those who are qualified legal council.

Super Mario, Sonic the Hedgehog, and Mickey Mouse; what do you think of when you visualize each of these names? Nintendo, Sega, and Disney. These characters are so recognizable in relation to their fathering company, that they have basically become trademarks. But for the main part Copyrighted.

Trademark: A registered symbol or word used to represent a company or product.

Copyright: Exclusive rights that are given to the creator of an artistic piece.

So our friendly big eared rodent with the red shorts is the face or may I say body of Disney eh? 

Yes, and fans of Disney usually buy anything with his smiling face on it, bringing in lots of revenue for the conglomerate. So that means if someone not affiliated with Disney in anyway, were to put images of mickey on shirts and started selling, that person could cash in on the cartoon icon as well, right?

No sir, that’s a big no-no, because Mickey and along with any other character representing their company are trademarked and copyrighted. The characters likeness and everything about them, that make others recognize them, have been registered with the PTO (patent and trademark office) and the United States Copyright office, which keep unauthorized people from using them commercially. What if you put a Mickey on a shirt that you drew yourself and changed a few things? 

If someone looks at your character and says “hey that’s mickey” anyway, then you’re still in the realm of copyright infringement buddy!

Then are you even allowed to draw characters for others to admire? Of course my friend, that’s called Fan Art, and fan art is protected by your first amendment right of “Freedom of Expression”. What you can’t do is use your unauthorized version commercially or dilute the value of the trademark (make Disney look bad).

You are also protected by “Fair Use”, which asks? How much of the likeness did you take? And to what extent is your commercial use? If both are little, then you should be ok.

Are there any established characters you can use commercially and legally? Well, why would you want to do that! But if a character has fallen into public domain, then you may have a shot. Most public domain works would be characters that apply to the 1909 Copyright Act, so the 28 year contracted term would be over. BUT NOT SO FAST MR. INFRINGER! Public domain characters may not be as public as you think; most characters may have been brought in another form recently and that version copyrighted. An example is the Warner Bros. Entertainment, Inc. v. X one X productions case. X one X productions wanted to use Wizard of OZ characters commercially from 1939 Wizard of Oz advertisement cut outs, because they said the characters in the L. Frank Baum 1900 published book were free domain. Warner brothers, whom owned the rights to the characters due to the 1939 Judy Garland film, did not agree with X One X.  X one X lost the case in district court because the advertising material with the characters on it used by X one X, were protected by advertisement copyright laws. After X one X took the case to the 8^th circuit court, they were allowed to use the public domain characters from the book, but as long as they do not resemble the Warner Brothers Film characters.    

Dealing with characters and copyrights is a serious business that can get you a fine or even jail time. Everyone has the right to enjoy characters, but only the intellectual property owner has the right to enjoy the money that comes from the character.

IF IT’S YOURS, PROTECT IT!  IF IT’S NOT, PROTECT YOURSELF!

Legal Liabilities within the Entertainment Industry

If you are a creative or business-minded individual already established in the entertainment industry; you’re hopefully making good money. If you have some sort of affiliation with a successful project, then you're probably trying to get a cut of the action. If these individuals deserve a cut or not, who’s to blame them for trying to cash in, if they think they can.  

When licensing or using the intellectual property of someone else, regardless of what rights you believe you have with it, there will always be discrepancies, depending on how profitable you become with the property.  

Beginning in 2001 JRR Tolkien’s books had been brought to life through a franchise of Oscar winning films produced by New Line Cinema and Warner Brothers studios.

Priscilla Anne Reuel Tolkien (83) is the youngest of JRR Tolkien children, JRR Tolkien whom you know as the author of the “The Hobbit” and “Lord of the Rings trilogy”.

Representing the Tolkien estate, Priscilla had filed a lawsuit in late November 2012, against Warner brothers studios and New lines Cinema, stating they had breached an agreement made in a 1969 contract with United Artist. The contract sold off the rights of Tolkien’s stories and characters to be made into motion pictures and allowing licensee to make and distribute tangible merchandise, such as toys and clothing.

The suit is demanding compensation of 50 million pounds ($80 million dollars), due to defiling the Tolkien name with morally questionable digital marketing, through distribution of digital games but more specifically online gambling games utilizing Tolkien’s beloved world and characters.

The 1969 contract only gave permission for licensees to merchandise tangible goods and not digital gaming.

In 1990 Tim Berners-Lee the creator of HTML, majorly contributed to the creations and public access to the Internet. The contract between Tolkien and the Major motion picture companies was made in 1969, and the Internet was not established until the 90’s. How can such a claim be made, that the film industry purposely ignored a copyright infringement, when the infringement was under special circumstance and not real-time factor during the writing of the contract? The Tolkien estate has made a good claim, and should continue to receive their 7.5 percent royalty from what ever monies are gross from the Middle earth world, but saying that their was a breach in contract is a bit far fetched.

Another legal liability in the entertainment industry is between screenwriters and those who inspire their work. When these screenwriters receive fame and huge profits, you better believe that those who believe they are the reason for the written success are coming to collect. One example is Sylvester Stallone being sued for the likeness of her character “Rocky” to professional boxer Chuck Wepner. 

A story more recently is Bomb disposal expert Sgt. Jeffrey Saver filing a lawsuit October of 2011 against screenwriter Mark Boal. Boal was embedded with Savers unit in 2004 part of a writing assignment for playboy. Boal took notes and wrote articles leading to his academy award winning original screenplay “The Hurt Locker”. Sgt. Saver stated the movie was about him and that he suffered ridicule for it, making it hard for him to get work. Boal replied that, his work was inspired by many different soldiers, which eventually led to the cases’ dismissal.

That case was very important for writers, because they are inspired by many different people and events; for one person to come around and easily claim rights to the writers work would open a window for anyone that believes a film is identical to their own life. A lot of people experience the same things, and for people being able to relate to a film is what makes them special to us in the first place. “If you didn’t feel a connection, you probably wouldn’t have enjoyed it”.

I’ve talked about external liabilities, now here’s an internal one. The hit reality show on A&E “Storage Wars” has a suit filed (Dec 2012) against them by one of their very own cast members. Yes, David Hester "YuuuP" has accused the producers of the show of “salting” or planting rare or expensive items within the storage units up for auctions, in order to create drama or spice up the show. Hester said he brought his complaint up at a show meeting and couple days later he was fired. The producers deny all accusations, and have the backing from the network as well, stating, “All events are real”.  Hester lawsuit is asking for $2.2 million for wrongful termination and breach of contract.

It’s pretty much public knowledge that most reality shows are staged for entertainment factors. If the producers did not “salt” or plant these items for the show, the show probably wouldn’t be on their fourth season. Yes, you probably can find rare and valuable items in those storage units, but the odds are very low, and the show must go on. Hester will battle with A&E, but hopefully there were no other documented reasons for his termination, because then he will be lucky if he can get the producers to pay his lawyer fees.

The Rock on a Roll

Dwayne Douglas Johnson a renowned Action movie star, but some know him as “The Rock”, a wrester and as he puts it “The most electrifying man in entertainment today”. Dwayne started his career in 1996 as a third generation World Wresting Federation wrestler after his grandfather Peter Maivia and father Rocky Johnson, dawning the combined name of Rocky Maivia.

GI JOE:Retaliation

Fast 5

Venturing into Film and television, Dwayne made 5.5 million dollars for his first staring role in “The Scorpion King”, gaining him the title of highest paid actor for their first starring role.

Dwayne has proved that he is very marketable in the entertainment industry, with his many versatile on screen characters, ranging from a loving family man to a heartless special ops squad leader.

If Dwayne wanted to, he could probably get into sports media as well, with his experience during his youth as a division one football player at the university of Miami then onto the Professional Canadian football league.

Since his first leading role in 2002 with the scorpion king, Dwayne has come out with at least one film a year that he has stared in, but this year he is on fire, with an estimated 5 features coming out in the year 2013 alone.

I would say Johnson is the new aged Arnold Schwarzenegger, Arnold passing on the roles that would have been suited for him in his prime. One example I would say is proof of the torch being passed is in the beginning of the film “The Rundown”; Johnson walks into a club for the opening of the film and as he proceeds, Arnold walks out of the club and tells Johnson “good luck”. After the success of The Scorpion King, proving The Rock can be an “A” list actor, The Rundown was a welcoming of The Rock- the actor and goodbye to Arnold as he went on to become the Govenator of California.

Another similarity of Johnson and Schwarzenegger is their breakout performances; in 1982 what launched Arnolds action career was his loincloth wearing role as Conan the Barbarian, and 20 years later in 2002 what launched Dwayne’s action career was his loincloth wearing role as the Scorpion King. In both Arnolds and Dwayne’s breakout roles you will notice that both characters were not aloud to talk that much, they were there simply to be muscular and kick butt.  The newly Hollywood strongmen needed time for their acting skills to develop, so people wouldn’t judge them on their first major roles that came quicker for them than most.

The Rock is great entertainer that I would say delivers to the box office, but he has had his share of major cinema flops such as; Doom and Planet 51, which were both films that grossed almost half of what the films budgeted.

Johnson continues to show his appreciation to his fans for his success, by now and then returning to his stomping grounds in the WorldWresting Entertainment ring. Actor, Wrestler, Singer, Producer, Philanthropist, and most of all entertainer; Dwayne “The Rock” Johnson, he may be 40, but his career is only beginning.    "IF YOU SMELL WHAT THE ROCK IS COOKING!"

Time to get Jurassic

It was June of 1993, I was 9 years old and like most 9-year-old little boys, I had a fascination with Dinosaurs. Studying every reptile from the Carboniferous period to the Cretaceous Period, Dreaming to one day become a paleontologist (not knowing the pay sucked).

So… making sure my parents took me to see the highly anticipated Steven Spielberg flick; a film with revolutionary Computer-generated imagery along with ILM Go-Motion techniques.

Based off a Michael Crichton Novel and secured by Universal Pictures-, which included Producer Kathleen Kennedy, whom is now the CEO of Lucasfilm. The film grossed over $900 million worldwide and won three Academy Awards- including Best Visual Effects.

Oh… did I forget to mention what film I’m raving about, well it’s just something called:

 

Jurassic park (the first one) one of my all time favorite films, gave me one my first shocks; when the Velociraptor poked its head out from behind the electrical conduit at Dr. Ellie Sattler, played by Laura Dern. I remember the genuine screams in that theater, what a rush that was. If only the 9 year olds of today could experience the joy and thrill of seeing their favorite reptilian carnivores’ brought vividly to life as I did.

But wait they can; 20 years later, Steven Spielberg and Universal Pictures have decided to release the Universal hit one more time in theaters, but this time in 3D. Get ready to dip your hands into some Triceratops dung, the film will be re-released April 5, 2013. Yes its just so they can milk millions off a smash hit one more time, by rendering it in 3D; but who cares!

But that’s not all the news for JP fans, 21 years and two days after the original films release, and 12 years 10 month and 27 days after the last film release of the JP franchise; Universal and Spielberg are at it again, releasing a fourth installment on June 13, 2014.

In Jurassic Park 4 like JP3, Spielberg will not be directing, but producing alongside Kathleen Kennedy whom has helped produce every film since the first. The film will be written by "I AM Legend" writer Mark Protosevich, but JP team is still working on who will be Directing this mission, but all I can say is;                

THIS FILM BETTER BE GOOD!