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June 2nd, 2017
SHOOT Directors/Producers Forum: Legal Aid
This Legal Aid session featured a pair of leading attorneys from Frankfurt Kurnit Klein + Selz (FKKS): Jeffrey A. Greenbaum, managing partner and regarded as one of the country’s leading advertising lawyers; and Victoria S. Cook, a partner at the firm whose focus is on motion pictures and television. Cook is a regular mentor at the Sundance Institute Creative Producing Conference and the Sundance Institute Catalyst Conference for film investors. She has moderated the State of the Union panel at the Sundance Summit for the last several years.
Greenbaum and Cook discussed director contracts with production companies, considerations for filmmakers who are — or would like to be — active in commercials as well as features and TV, and pitfalls that can impact helmers’ careers.
Greenbaum noted that while day rates, financial guarantees and other perks were common areas of discussion and negotiation in director contracts of 10 to 15 years ago, that’s not as much the case today. Back in the day, assorted production companies were willing to invest in directors, knowing that chances were good that money could be made. By contrast, the current marketplace — despite the emergence of different channels and platforms--is marked by what seems like less work for fewer directors, with a diminishing number of companies willing to make major financial commitments to directorial career building.
The decision a director makes to join a production company, continued Greenbaum, carries potential long-term consequences. He advised that rather than focus just on money when considering a new roost, directors should first and foremost assess which company they believe in — and which company really believes in them. Then the money and success will follow.
“Which company will take the time to develop you and your career?” said Greenbaum, suggesting that along those lines directors ask, “Who at the company is going to be shepherding your career?” Among other key questions to pose include: Are there sales reps at the company who believe in you? Is there a senior exec who is going to make sure you are going to be successful? What does your reel look like today and where do you want it to be down the road? How much money will a company invest in spec jobs? Will the production house take on lower budget projects and how will they manage those jobs so that they are successful and add to your reel?
Another key piece of advice was that directors “commit but don’t overcommit.” Companies are generally asking for directors to sign contracts covering longer periods of time. In the previous era, the norm was a two-year contract. Today, contracts are more along the lines of three or four years, sometimes more. Production companies justifiably want a longer window of exclusivity so that they have the time to realize a return on their investment in a director. It behooves a director to give a production company ample opportunity to deliver--but at the same time he or she should try to negotiate some wiggle room if certain goals aren’t realized in year one for example. That way if an arrangement isn’t working, a director can move on to explore other opportunities.
Cook noted that for those commercial directors with TV and feature aspirations, it’s important that they have an understanding with a spot production house that they have the freedom to block out time for long-form commitments. An indie film, she related, will take “at least 18 months of your life” from development through prep, production, post, festivals and promotion.
Cook cautioned young directors not to be too enamored with a production company that has a couple of IMBD feature credits. While production companies courting a director may promise feature filmmaking opportunities, not all shops have the wherewithal to truly get a movie made. Very few companies are Anonymous Content, she said. And an IMBD credit or two doesn’t necessarily signal feature proficiency or the ability to provide or access the proper funding.
Sometimes, observed Cook and Greenbaum, success in commercialmaking can cause directors to fall short of their feature goals. With a lucrative advertising career — in which they grow accustomed to a certain lifestyle, as well as working with the best DPs, production designers and like — certain directors can’t figure out a way to stay committed enough to bring that feature script they’ve been carrying around to fruition. Cook and Greenbaum affirmed that it’s imperative for directors to remember their roots and to “stay hungry” if they truly want to realize their feature filmmaking promise.
This article was posted by "A SHOOT STAFF REPORT" on SHOOTtonline .
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
