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THE TERMINATOR TO THE RESCUE

Many states offer tax or financial incentives to the independent producer as a lure for production to be done in their states. The financial rewards to the coffers of the state are great and the publicity of showing off the geography of the states is an attraction. Independent productions have been going to Canada for years because of economic reasons and some are going to other countries that are now offering similar financial or tax incentives. Besides the employment of localson such productions, moniesthat the production company and their cast and crew will spend in the local economy can be substantial.

These advantages have been some of the causes for the term “runaway production!" But no more if Governor Schwarzenegger of California has his way. He has been seeing other states like Illinois and New York pass tax incentives that make shooting in those states cheaper even with the added costs of travel, living and per diems. As part of the Governors revised budget that he will submit to the California Legislature in May 2005 there is a long awaited legislation proposal that is edging up to match tax incentives from these and other states and countries. Although details are still being worked out, the plan is expected to give tax credits for productions that will spend 75% or more of their budget in California. This incentive may be a very high maximum credit if the Governor has his way. Fashioned by the California Film Commission the proposal will hopefully come close to other states like Louisiana and New Mexico and because of lower travel costs and a larger talent pool additional costs can be saved so that productions will remain in California.

The Governor has assist from bi-partisan support for this plan in Sacramento as Democratic State Senator Kevin Murray will author the plan in the house and Republican Assemblyman Kevin McCarthy will play the same role in the Assembly. Of course when the plan passes, the California Film Commission which includes the likes of Clint Eastwood and Danny Devito will play a role in promoting and administering the plan.Runaway productions essentially have affected the California based below-the-line people and those California businesses that may be associated with the productions since principle actors, producers and directors for productions are not as impacted beyond the inconvenience of working away from home although more and more above the line talent are insisting that productions they work on stay in California. Of course another issue related to this is the need for producers to know how to produce and recognize the relationship of creativity to their budget while maintaining the integrity of the story. Not just making the deal and leaving the actual producing (making) of the project to others. The old expression of “too many cooks spoil the broth” comes to mind with the number of names we see as producers on screen of a movie these days. Perhaps in an effort to not spoil the broth, these producers are determining that they have to go away from California to do their projects. Hopefully Governor Schwarzenegger’s plan will in some way be one step closer to creative producing and encourage independent productions to stay in California. -MS

Movies that we independent voices make these days are not just limited to the darkened movie houses in your local neighborhood or the tube in your living room. Movies are alive and well in the Theater! On a recent trip to New York City I decided to take in a few theater productions to remember the roots from where all drama came. My intent was to see wonderful performances of wonderful plays. And I was pleasantly surprised. more

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OUTRAGEOUS CENSORING
In the United States there is no censoring…or is there?

A number of companies such as CleanFlicks, Clean Cut Cinemas, Family Safe Media, Edit My Movies, and Play It Clean Videos have without authorization from either studios or filmmakers, been editing, selling and renting alternate versions of motion

pictures to the public. They use a software called Movie Mask (pre-programmed masks or filters) or other technologies to remove what they consider to be offensive language, violence, nudity and sexual content or to put clothes on actors. In fact they are going far beyond deleting a few words, as they are also inserting products into the film, or turning swords in light sabers. Further, once the edits are made to remove what these companies consider "objectionable" material it is possible for them to remove political opinions or other undesirable elements of the story.

Consumers vote for a film with their pocketbook and they decide whether or not to purchase or rent a videotape or DVD. Clearly not all films are for all people just like not all books are for all people. What company buys a book, rips out pages that they think is offensive, and then sell it with the author’s name intact? This practice is insane. Yes, studios and producers deliver edited versions for television or airline release. But these edited versions are with the filmmakers’ approval and in some instances he/she has shot alternative scenes just for that purpose.

Under U.S. law, no person or company has the right to profit from creating a new version of a creative work unless they own the rights to that work. Copyright’s role is to fashion the necessary inducements for the creation of entertainment. The copyright is a very successful technique for providing financial incentives for any form of entertainment. It gives its creators exclusive rights in their work. And these rights may be authorized to others to use in the entertainment marketplace. This lets people create whatever they think may appeal to an audience or to exercise their creative voice as they see fit.

Entertainment creators have asserted the right to prevent circumvention of technology based protection measures through Congress’ enactment of the 1998 Digital Millennium Copyright Act in the belief that technology has a role to play in stopping the piracy issue (which was created by technology itself - by the way). The technologists today probably believe that digital technology must be permitted to develop and evolve free of the law’s requirement that certain things not be done except by someone’s consent. Well the legal fights happening over these issues will determine if that is true.

There is no doubt that entertainment creators like we Independent Producers must assert our rights over our work. We know that technology manufacturers won’t. As in earlier technologies it is hoped that digital technologies will be licensed and if it takes years and years of the greatest of our legal minds to eventually determine why licenses are required then so be it. Independent producers must stand (and take a stance) with studios and other filmmakers on this issue. --MS