CINE Newsletter, June 2009
A Letter from CINE President Donald Thoms
Hello everyone! I hope your summer is off to a good start.
I want to thank everyone who attended our Annual Gala, held at the French Embassy in April. We had a great time at this star-studded event, and I'm thrilled that Judy Woodruff, Clark Bunting and Ted Leonsis were there to accept their awards. All of our winning filmmakers were also in attendance and that helped make the night magical. A very special thanks to Frank Beach of Altruist Media. Frank was our technical producer, and he played such an important role in making the event flawless.
Thanks also to our CINE panel of judges. These professionals work tirelessly at screening and selecting our award-winning films. The quality of films that are submitted are incredible and it takes great judges to make the tough decisions.
Many times we get asked "what makes an award-winning film?" Well, we are going to answer that question in an upcoming seminar, which will be held at Discovery Communications. A terrific panel of decision makers will be on hand to talk about winning films and show some clips from some of our past winners. Look for information in this newsletter, and I hope to see you there.
Mitch Praver, one of our Board members, recently sat down with Rick Allen, the CEO of SnagFilms. We recently announced a brand new partnership with SnagFilms on our website, and this interview with Rick is really enlightening. I hope you enjoy it, and the new opportunities that the SnagFilms-CINE partnership will provide to you!
The subject of Fair Use for documentary filmmakers is always a hot topic. We have a really wonderful article this month from our partners at the Chubb Group of Insurers, who have yet again provided a concise and helpful piece that explains a complex issue.
You'll see elsewhere in this newsletter that CINE has joined Twitter, and we look forward to "tweeting" with you!
And as always, a really big thanks to our sponsors: History, SnagFilms, The Chubb Group of Insurers, Henninger Media Services, Discovery Communications, CNN and Kodak.
Have a great summer!
Donald Thoms
CINE Snags an Interview with Rick Allen, CEO of SnagFilms
CINE has entered a distribution partnership with SnagFilms, the innovative online distribution system and only broadband platform dedicated to bringing documentary films to a wide audience over the internet. CINE Board Member Mitch Praver sat down with SnagFilms CEO Rick Allen to discuss the origins of SnagFilms, the evolution of web distribution of documentaries, the concept of "filmanthropy" and the upcoming CINE Channel on the SnagFilms website. Click here to view the videos.
The 2009 CINE Awards Gala
La Maison Francaise at the Embassy of France was the setting for CINE's Annual Awards Gala on April 29, 2009. Beginning with an elegant reception featuring hors d'oeuvres and French wines, the evening honored CINE filmmakers and three very special industry leaders. Hosting the ceremony was NBC's Bob Dotson, back for his 18th year at CINE's Awards Gala. Legendary journalist Judy Woodruff received the CINE Lifetime Achievement Award, presented to her by NBC News Chief Foreign Affairs Correspondent Andrea Mitchell. John Hendricks, the founder of Discovery Communications, presented the CINE Leadership Award to Clark Bunting, a 24-year veteran of Discovery and current President and CEO of Discovery's Emerging Networks. Ted Leonsis was honored with CINE's Trailblazer Award for his pioneering work in the establishment of SnagFilms, the internet documentary distribution channel he founded last year. Rick Allen, SnagFilms' CEO and a longtime friend of Mr. Leonsis, presented the award. In addition, several filmmakers were on hand to accept the CINE Masters Awards, recognizing the best films in each of CINE's seven divisions. Click on the links to the left to see more about each of these marvelous productions.
Congratulations to all of our Masters and Honorary Award-winners, and our thanks to everyone who attended!
To view photos and see the 2009 Masters Series Award winners, click HERE.
Playing Fair: The Basics of Fair Use Doctrine
By
Jason Fahmy and Kevin Violette
Chubb & Son, a division of Federal Insurance Company
The opinions expressed in this article are not necessarily those of CINE and do not constitute legal advice.
You may believe it's okay to use certain copyrighted elements in your film because they constitute "fair use." But what if you're wrong?
Copyright law is designed to provide the owner of a copyrighted work with certain exclusive rights, including the rights to copy and distribute it. Federal law protects copyright owners from having their work published, adapted or performed with permission, and can impose damages upon anyone who is found to have unlawfully infringed the owner's copyrights in any given work.
Fair Use, on the other hand, is a limitation on the copyright owner's exclusive rights. Under the Federal Copyright Act of 1976, the Fair Use limitation may allow the use of copyrighted material in your production as long as such use meets a balancing test of four factors.
Exactly what constitutes fair use can be less than clear cut. To illustrate, try testing yourself with these three recent examples (answers below):
- Did a 15-second segment of the John Lennon song "Imagine" that was used in the movie EXPELLED: No Intelligence Allowed constitute fair use? (Lennon v. Premise Media Corp., 2008)
- Leadsinger, which manufactured a karaoke device, obtained a license to reproduce the music used in its device. Did displaying the lyrics along with the music constitute fair use? (Leadsinger, Inc. v. BMG Music Publishing, 2008)
- A character in the movie Kickin' It Old Skool utters the line "Aki, it's time to say domo arigato and find your inner roboto." Was this a copyright infringement of the line "domo arigato, Mr. Roboto" from the Styx song "Mr. Roboto" or was it fair use? (Wixen Music Publishing inc. v. 20th Century Fox Home Entertainment LLC et al., 2008)
Determining Fair Use
To determine whether the use of copyrighted work qualifies for the fair use limitation under the Federal Copyright Act, the following four factors must be balanced and considered:
1. The purpose and character of the use, including whether it is for commercial purpose.
- Use for commentary, news reporting, criticism, teaching and research may be considered fair use.
- The greater the economic rewards reaped by the user, to the exclusion of broader public benefits, the less likely it is to be viewed as fair use.
- Some types of use, such as parody, are afforded greater protection under fair use doctrine.
2. The nature of the copyrighted work.
- Generally, the more creative the work, the more protection it will be afforded.
- Informational, factual, or newsworthy information is more likely to qualify for the fair use limitation.
- The fact that the original copyrighted work is unpublished does not by itself assure a finding of fair use.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The greater the quantity of the work used, the less likely fair use will be found.
- However, the use of even a small portion of a work relative to the whole may not necessarily qualify as fair use if it represents the "heart" of the copyrighted work.
4. The effect upon the potential market for, or value of, the copyrighted work (this factor is often considered the most important of the four factors in a fair use analysis).
- If the use of the copyrighted work tends to interfere with the original's economic value, fair use is unlikely to be upheld.
- This factor may turn on whether the alleged copyright infringer's use could become a substitute for the copyrighted work in the marketplace.
When You Violate Copyright Law
Remember, if you don't obtain permission to use a copyrighted work, you could be held to be in violation of federal copyright law - even if you mistakenly believed yours is a fair use of the work. Potential consequences of violating copyright law 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.
- Damage to your reputation.
Some Things to Consider to Help Protect Yourself from Copyright Fines and Lawsuits
Be proactive. Begin by obtaining permission from the work's creator/copyright owner or determine whether the work in question is copyrighted or 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) and research who owns the work.
If the work is copyrighted, but you are unable to secure permission to use it, seek confirmation that your intended use of it in your production would constitute fair use - that is, would satisfy, on balance, the four factors noted above. Excellent guides on fair use "best practices" can be found from the Center for Social Media (www.centerforsocialmedia.org).
Above all, be sure to contact an experienced clearance or copyright attorney for guidance.
Why E&O Insurance?
It may still not be completely clear whether using the work meets fair use guidelines. Furthermore, even if you do nothing wrong, nothing can prevent you from being sued foralleged copyright infringement. Legal costs to defend yourself in a copyright case are notoriously high. For these reasons, it is important to protect yourself financially by purchasing errors and omissions (E&O) liability insurance from a media liability insurer that can provide a fair use coverage rider or endorsement to its policy. E&O insurance will insure monetary and statutory damages, as well as attorney's fees and costs, resulting from a lawsuit alleging copyright infringement.
Copyright laws can be complicated and determining whether material meets fair use guidelines 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. It may be much more cost effective to pay now for a review by a copyright attorney than to defend against an expensive lawsuit later.
Answers to the three test questions: 1. It did. 2. It did not. 3. It was fair use.
Jason Fahmy and Kevin Violette both underwrite E&O liability insurance for Chubb & Son, a division of Federal Insurance Company.
The views, information and content expressed herein are those of the author(s) and do not necessarily represent the veiws of any of the insurers of the Chubb Group of Insurance Companies. The information provided should not be relied upon as legal advice or a definitive statement of the law in any jurisdiction. For such advice, a reader should consult their own legal counsel.
The CINE Educational Series Continues: What Makes a Winning Film?
A Panel Discussion With CINE Jurors and Winning Filmmakers
You make the films.
We judge them.
They get noticed.
Find out why they win.
Join us on Wednesday, July 15, 2009 at Discovery Communications in Silver Spring, Maryland for "What Makes A Winning Film?"
A panel of filmmakers, network representatives, and CINE Board members and Jury Chairs will discuss the aspects of what makes a film a winner. We'll show clips from past CINE award-winning films and talk to filmmakers and judges to discover what judges are looking for, and how they evaluate your film.
We'll be providing more information soon on our website and via Twitter, so keep checking back for updates!
Admission is $15, and registration will open soon. If you'd like more information, please send an email to winningfilms@cine.org.
We look forward to seeing you there!
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PAST NEWSLETTERS:
February 2009
November 2008
July 2008
February 2008
November 2007
July 2007
January 2007
October 2006
May 2006
January 2006
IN THIS ISSUE:
• CINE President’s Letter
• CINE Snags an Interview with Rick Allen, CEO of SnagFilms
• The 2009 CINE Awards Gala
• Playing Fair: The Basics of Fair Use Doctrine
• The CINE Educational Series Continues: What Makes a Winning Film?
CINE is now on Twitter!:
We're now on Twitter! Follow us to receive exclusive updates about CINE events and the Golden Eagle Competition. You can also follow us by visiting our homepage, and view all of our recent tweets.
We'd really like to follow you, too! Send a tweet to @cinegoldeneagle to let us know what you're up to. We'll post updates about your films, events and screenings that will show up on our website.
And don't forget to follow us on Facebook! You'll find exclusive pictures, videos, news and notes, and you'll be one of the first to find out about CINE's workshops and events. Become a fan today!
Are you interested in distributing your film online?
CINE is thrilled to announce that we have entered a pioneering distribution partnership with SnagFilms, the innovative online distribution system and only broadband platform dedicated to bringing documentary films to a wide audience over the internet. Founded by visionary entrepreneur and filmmaker Ted Leonsis, recipient of CINE's 2009 Trailblazer Award, SnagFilms.com is a website that not only permits viewers to watch documentary films for free, but allows them to "snag" films and put them anywhere on the web through viral distribution. Since its launch last July, SnagFilms' virtual movie theatre widgets have been viewed over 800 million times.
Many CINE Award-winning films will automatically be eligible for distribution on SnagFilms' CINE Channel and some winning filmmakers have already been notified. If you think your winning film might qualify, please contact CINE directly at snagfilmssubmission@cine.org
CINE has been giving filmmakers wings for over fifty years. We are delighted to join with SnagFilms in creating a whole new flight path.
Read about CINE's partnership with SnagFilms in the Hollywood Reporter.
The 2009 Spring Competition Results are Due Soon!
The Spring 2009 Golden Eagle Competition is almost complete! We are currently sending out notification letters to all entrants, and will be posting the Spring 2009 Golden Eagle Award recipients on our website late next week.
Keep checking our website and CINE's new Twitter feed for more information!
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