Fair Use, Pt II: Ctr for Social Media

Agnes Varnum from the Center for Social Media has reminded me of another important resource for filmmakers dealing with issues of public domain, copyright, and fair use. It's the Documentary Filmmakers' Statement of Best Practices in Fair Use. Download it here. Agnes describes the Statement as "a short handbook that articulates certain circumstances in documentary making when it is appropriate to claim fair use for copyrighted material."

In her comment on this blog, Agnes adds, "I'm going to be at several fests over the next few months on panels about the issue and helping doc makers understand how to make better use of fair use. It's a small step, but an important one. We already have a lot of movement on the gatekeeper side to adopt the principles at work in the handbook."

She'll be at the Nashville Film Festival (one of my favorites) in April. Check out Agnes' blog, in addition to the Center's website, for more info and other dates.

Free Comic for Filmmakers

A reader of this blog (thanks, Jon) alerted me to one of the coolest works of edutainment I've seen in a long, long time. The work in question is Tales from the Public Domain: Bound By Law?, and it's a graphic novel (published by Duke University's Center for the Study of Public Domain) that explores and explains copyright, "fair use", licensing and other tricky, sticky issues that inevitably arise when you're making a documentary. If those topics usually make your eyes glaze over, look no further. Granted, as a graphic novel, Bound by Law's anecdotes about licensing problems in docs like Sing Faster and Mad Hot Ballroom can't compete with the storylines of, say, V for Vendetta or Watchmen, but I was genuinely impressed with the quality of the art and writing. Plus, how many other graphic novels are going to help save you money and keep you out of court when you make your next documentary?

The cost? A mere $5.95 for the book, or free as a digital copy.

Fresh and Local: Part II

After I made the "fresh and local" post late last month, I found myself thinking back to a paper that Sara Zia Ebrahimi, a graduate student in the MFA program at Temple, wrote in my producing course last semester. In the paper, she proposes a co-operative filmmaking model based on Community Supported Agriculture programs. I appreciated her ability to draw productive analogies to a system that many independent filmmakers might overlook, so I asked her to share the paper, and she's generously agreed. Sara Zia points out that the paper is a work-in-progress. Eventually she might want to present the paper at a conference -- not to mention implement the ideas contained in the paper -- so she'd love to hear your comments and constructive criticism. Post here, or contact her through her site below.

Sara Zia's short The Achivements of Exile will screen as part of the Philadelphia Film Festival's "Festival of Independents" on Monday April 3, 7pm. Congrats!

Download the paper here.

Kodachrome

When I think backOn all the crap I learned in high school It's a wonder I can think at all And though my lack of education Hasn't hurt me none I can read the writing on the wall

And the writing on that wall says: Super-8 Kodachrome will soon be R.I.P.

[via OnSuper8.org]

Int'l Documentary Challenge

Doug Whyte of KDHX (St. Louis Community Media) emailed me recently about a new "timed-filmmaking" competition called the International Documentary Challenge (IDC), which will be happening this March 22-27, 2006. Much like the 48 Hour Film Project, in the Doc Challenge teams from around the world have just over 5 days to make a short non-fiction film (4-8 min.).

The organizations involved seem first-rate: the competition has been developed in cooperation with the International Documentary Association, the Documentary Organisation of Canada and the creators of the 48 Hour Film Project, and the winning films will screen this summer at a theatrical event presented in association with Silverdocs.

The competition costs $125 to enter ($110 if you register by Feb. 28). I asked Doug what the entry fee goes towards since it's more than the $35-$50 you usually see with film festivals. He replied:

Hi Paul,

Thanks for the email. As far as the entry fee, the amount is based on several things:

1. We only accept a limited number of teams (as opposed to festivals that will accept hundreds if not thousands of entries.)

2. The fees take care of many expenses: administration, marketing, judging, prizes, etc. Even with the $110-125 fee, we will still not make a profit.

3. We actually pursue distribution for the films - theatrical and TV and will also release a DVD. We are a non-profit organization and by no means make money on any of these deals. (If the winning films happen to earn a profit, we share that with the filmmakers.)

That said, I would like to see the fees become more affordable for the filmmakers. But that won't happen unless we are able to get a sponsor who can help cover our expenses for running an event like this.

I hope that explains it. If you have any more questions, I'd be happy to try and answer them.

Thanks, Doug Whyte IDC Producer

So there it is. Good luck to anyone that enters and good luck, also, to Doug and his crew in their launch of this competition.

HD Camera Comparison: A different perspective

DV.com has recently posted Adam Wilt's coverage of a shoot-out between the big (at the moment) four prosumer HD camcorders: Canon XL H1, JVC GY-HD100U, Panasonic AG-HVX200 and the Sony HVR-Z1U. The test has been getting a lot of attention on the blogs I read and respect: FresHDV, HDforIndies, and DVGuru. The article in question is definitely worth a read, especially if you're in the market for a camera or interested in the advances in the latest prosumer video technology. Adam Wilt knows his stuff and is a superb writer on tech/video issues. Whenever I see an article by him, I read it. This one's no exception.

Having said all of this this, I'd like to offer a somewhat different (dissenting? contraraian?) perspective about this and other camera shoot-outs.

Point #1: Video is not film.

When I read discussion boards about video cameras I feel like there's an implicit subtext to why everyone reads about these shootouts -- in fact, it's often explicit:

    i) People want to find out which camera produces the most "film-like" image. ii) People want to find out which camera will produce the best images for film blow-up. iii) People want to find out which one they should purchase.

Here's the problem with (i): "Film-like" video can only go so far. As anyone who understands both technologies can tell you, there are several differences between video and film. The four biggest differences have, until recently, been:

a) resolution: Film has more resolution than video. b) motion rendering: Film runs at 24 fps. NTSC video has, until recently, always and only been 60 interlaced frames. c) aspect ratio: 35mm film, though actually 4:3, is traditionally projected at 1.85. Standard definition camcorders have 4:3 image sensors. d) acquisition: Film captures on unique individual frames, video with a CCD.

What excites people these days is that "B" and "C" aren't as much of an issue now with the advent of HD. Don't get me wrong, I think it's exciting too, largely because, like so many other people, I love the look of film. And, while video running at 24fps doesn't look exactly the same as film, it sure goes a long way towards getting rid of the "video look" that many filmmakers despise.

The thing is, "A" and "D" stubbornly remain.

35mm film has much more resolution than even the best HD cameras on the market. And it blows things like the camcorders recently tested out of the water. End of story. And of "indie" formats, Super-16's resolution is better, in fact, than video. In fact, as much as people complain about the costs of shooting film, shooting on a CineAlta or a Varicam can cost about the same as Super-16.

How the image is acquired, though, is the biggest factor. You can change everything else -- aspect ratio, FPS, even resolution -- to that of film, but video, by definition, will acquire images in a different way than film. The difference defines the formats. Every frame of film has a different makeup of silver halide crystals, which gives film its grain (as I've said before, think snowflakes). And it's the dance of that grain that makes film seem to have a "soul." Video's acquisition via a CCD works more like a scanner. No grain.

In sum, film is film. Video -- even the most uncompressed HD -- is video. That doesn't make video bad. Camcorders can produce amazing images when care is taken with the lighting. (Heck, the DVX100 produces amazing looking stuff, and it's not HD.) But it does make film and video different.

As for (ii) , the blow-up issue is, I think, a non-issue. In my opinion, the only -- and I repeat only -- reason to blow up a video to film these days is if you have a theatrical release secured. Film festivals are not a reason anymore. Period. Two of the last festivals in the US to hold out on screening work on video -- Sundance and the Ann Arbor Film Festival -- started screening work on high-quality video projectors years ago. (I would even argue that it is pointless for filmmakers to finish their 35mm and Super16 films on film unless they have theatrical distribution secured. But that's another story.) If you have made a film that is considered "good enough" or "commerical enough" for theatrical distribution, it will be blown up, no matter the camera (cf. The Blair Witch Project).

Finally, regarding (iii), I agree: Wanting to learn more about cameras because you're in the market for one is a legitimate and good reason to be interested in tests like these. Absolutely.

Unfortunately....

Point #2: Tests like this are always subjective.

Adam Wilt says it better than I ever could:

Camera comparisons are incredibly difficult to perform, to judge objectively, and to quantify. By their nature, they are open to errors of omission and commission, and to accusations of bias. At their best, they illuminate aspects of performance, but they can never completely encapsulate the entire scope of how a camera behaves and how it renders a scene, because there are simply too many variables to control.

(Note: This is why I like and trust Adam Wilt's writing.)

Now, I ask you: If what Adam Wilt says is true (I believe it is), why would you trust anything other than what you can ultimately see with your own eyes?

You wouldn't read Consumer Reports or Car and Driver and then purchase one car over another without test driving a few of them yourself would you? No. Now, you might read the review and say, "Well, I think I want a Prius or a Camry. But I definitely don't want a Hummer." But you still need to go test the cars yourself.

The analogy to camcorders may not be perfect, but c'mon: If you want to have an opinion about a video camera you have to see footage shot by the camera with your own eyes. That's all there is to it. And if you're in the market for a camera, you're going to have to do some shooting with any models you're considering if for no other reason than to check the ergonomics.

Camera tests are incredibly useful, but they're subjective. Tests are most useful if you do them yourself. Let the subjectivity be yours, not someone else's.

Point #3: In the end, remember: No one cares what camera you use.

I read those articles about camera shoot-outs closely just like anyone, but thinking about this stuff too much can divert my attention from the bigger picture. I know I'm probably not the only one. Let's take a step back. Consider:

Bennett Miller, Oscar-nominated director of Capote, shot his first movie (The Cruise) on Mini-DV. Craig Brewer, director of Hustle and Flow (two Sundance awards and two Oscar nominations) shot his first feature (The Poor and Hungry) on Digi8. Let me repeat that: Digi8. And beyond mainstream film, people like Sadie Benning and Michael Almereyda have made outstanding stuff using a Fisher-Price pixelvision camera. Meanwhile these films were shot on 35mm film. To overstate the obvious: It's not about the camera.

The great Walker Evans knew the score. In a fine essay by Ken Rockwell, Evans is quoted as having once said:

    People always ask me what camera I use. It's not the camera, it's -- ........and he tapped his temple with his index finger.

Now that's something worth meditating on.

Remix, Reuse, Recycle: Open Source and Public Domain Films

CinemaTech has an interesting, brief note about a "remixable movie." Kind of the antithesis (not a bad thing) of the "self-reliant film", a filmmaker is posting her all her footage and letting anyone that wants to take a crack at editing it. Could be a desperate gimmick for attention, could be really great... I'll have to find out more. Reading about it made me think of a few other projects that attempted something like this (say, the now-defunct Madstone Films' Rhinoceros Eyes">Rhinoceros Eyes). Probably the most exciting approach was taken by the filmmakers of the conspiracy-pseduo-mock-documentary Nothing So Strange. The film concerns the 1999 assassination of Bill Gates. (Hey, I said it was a conspiracy film.) In addition to the filmmakers' "official release", they also released their footage to people that would like to take a crack at editing it themselves. "Open Source Filmmaking" was what they called it -- a brilliant concept to apply to a film about the big daddy of closed-source computing. You can read more about the open source initiative (and download footage) here.

The flip side of this approach, of course, is public-domain (aka found-footage) filmmaking -- that is, making films with footage from public (or not-so-public) domain archival film. For the uninitiated, Bruce Conner and Jay Rosenblatt are masters of the form. The as-darkly-funny-as-Dr. Strangelove Atomic Cafe is also, I think, required viewing.

If you want to get in on the action, check out Archive.org where you can download movies to watch and, well, make movies with.

Wikipedia's Movie Making Manual

If one of your New Year's resolutions is to cut down the time you spend on the internet you should probably steer clear of Wikipedia's open-content textbooks. The "books" cover everything from How to Build a Computer to learning Mandarin to Monopoly strategy. Like everything else on Wikipedia, the content is entirely user-contributed. Considering Wikipedia's communal spirit, it's fitting that one of the few readable articles in the otherwise undeveloped Movie Making Manual is a brief but interesting section on film equipment timeshares. The article discusses the pros and cons of owning equipment and includes a draft of a sample timeshare agreement. And, yes, even this is a work-in-progress, but then isn't everything on the 'net?

Documentary Cookbook

UPDATE 9.1.2009: Looking for the Documentary Cookbook article for our students at Virginia Tech we noticed that it's been taken down from the UC Berkley website and appears to have disappeared from the internet... except in this mildly abbreviated copy/paste job.

I first read the UC Berkeley Center for New Documentary's "Cookbook" essay over three years ago. It's a fairly straightforward essay that investigates, through theory and practice, the question of how one can inexpensively produce intelligent, saleable documentaries. In its subject matter, there's nothing especially revolutionary about the Cookbook -- people have been making movies cheaply for years, and people have been writing about how to do the same for nearly as long. But a couple of things make the Cookbook a keeper (aside from the fact that it's free, of course):

First, it's written by working filmmakers, about working filmmakers, for working filmmakers. It's very, very readable. A damn good read as far as these things go, in fact.

Secondly, it's written from the conviction that all personnel on any film should be paid the going professional rate for the work they do. Salaries are not reduced, deferred, or eliminated from the budget in order to "get the film made."

This second point is critical. It doesn't take a genius to know that if you have access to a camcorder you could theoretically shoot a feature for about $10 (the cost of two 60 minute MiniDV tapes) these days. Making a movie on the cheap and paying all parties involved is much harder. The Cookbook's focus, then, is on helping "journeyman filmmakers" (their term) find ways to make a living while producing vital work. Good stuff.

What makes all of the Cookbook's ideas especially seductive is the reasonable, intelligent voice of the writing, which avoids the unrealistic cheerleading (or sketchy used car salesman vibe) you sometimes find in these You-Can-Do-It essays.

Of course, the question is: Can these ideas work for anyone? The Cookbook was written in 2002, and as far as I know it has not been updated since. How have documentaries using the Cookbook's guidelines fared, both critically and in the marketplace? An email asking about updates and further thoughts, which I sent to its authors last week in preparation for this post, hasn't been answered. I was hoping they would address what the Cookbook spends the least time discussing: distribution. After all, the key question these days is not "How can I get a movie made?" but whether or not it will be distributed.

I'm also interested in what the Cookbook has to say to narrative filmmakers. Obviously, the issues facing the genres aren't identical. To name just one, documentaries are marketed on their content far more than narrative films, which typically rely on the use of one or more "name" actors. Since a $100,000 budget isn't likely to cover the salaries that name actors command, productions in that budget range are usually at a substantial disadvantage in the search for distribution. For that matter, just paying your cast SAG scale would strain a $100K budget.

It's for this reason that the Cookbook probably has the most application to filmmakers that are working "regionally"since they typically are working with fewer resources, a smaller crew/talent pool, and in a style that's more humanistic than spectacle-driven. Reading over the essay again tonight, I was inclined to think of filmmakers like John O'Brien, Todd Verow or Caveh Zahedi whose films blend fiction and non-fiction, actor and non-actor and, script and improvisation in rewarding ways. Soderbergh's upcoming Bubble is another film that springs to mind.

The Cookbook's ideas aren't radical. Or if they are, they're not alone in their radicalism. InDigEnt's production model (as just one example) is not so very different from what the Cookbook proposes. InDigEnt productions (from what I remember) are made for about $300,000, and feature name actors (Sigourney Weaver, Katie Holmes, etc.). The main difference is that talent and crew are paid minimal wages up front and deferred the rest through profit participation. But that is a big difference and, in fact, is the distinction that separates the Cookbook from other models.

One way or another the essay's worth a read... I'd enjoy hearing your comments on it.

Japanese Manufacturing Techniques?

I've taught various aspects of filmmaking on and off for nearly ten years, and in this time I've seen a number of student filmmakers excitedly adopt a nearly Fordist model of production when it comes time to make their "big student film." Where they once wrote, directed, edited, and shot, now one person writes, another directs, another shoots, etc. Naturally, sometimes this produces a better film since, as students, they are able to focus their developing skills in the areas where each student is most experienced. But I'm troubled when the approach seems to be adopted for no other reason than because the filmmakers think it's the way "real films" are made.

This is, of course, completely absurd. Movies like Tarnation or Primer, for example, aren't less "real" because they were cut on iMovie or lit by their writer-director-actor-editor.

And even if these students equate "real" movies with studio films they're not seeing the whole picture. While it's undoubtedly true that large, task-specific crews and creative personnel were used to make Hollywood films during the Classic era, times have changed. Even making films for a studio today doesn't mean that, by definition, a filmmaker can't exercise principles of self-reliance. Steven Soderbergh and Robert Rodriguez, for example, shoot and edit their own films. Are they the exception? Sure. But the fact that there are exceptions at all says something.

If these students were making cars instead of movies would they consider Japanese manufacturing techniques any less legitimate than Detroit's way of doing things? This summer in the library I ran across Richard Schonberger's Japanese Manufacturing Techniques: Nine Hidden Lessons in Simplicity. Not being someone who's studied logistics and transportation most of the book was over my head. Still, reading about Kanban and Just-in-Time was fascinating.

One thing that caught my eye was a breakdown of production line techniques, which I photocopied before returning the book. Here's an excerpt:

Western Japanese
Top priority: Line Balance Top priority: Flexibility
Strategy: Stability - long production runs so that the need to rebalance seldom occurs. Strategy: Flexibility - expect to rebalance often to match output to changing demand.
Assume fixed labor assignments. Flexible labor: Move to the problems or to where the current workload is.
Need sophisticated analysis to evaluate and cull many options. Need human ingenuity to provide flexibility and ways around bottlenecks.
Planned by staff. Foreman may lead design effort and will adjust plan as needed.
Plan to run at fixed rate; send quality problems off line. Slow for quality problems; speed up when quality is right.
Conveyoritized material involvement is desireable. Put stations close together and avoid conveyors.
Buy "supermachines" and keep them busy. Make (or buy) small machines; add more as needed.
Run mixed models where labor content is similar from model to model. Strive for mixed-model production, even in subassembly and fabrication.

Obviously the metaphor isn't perfect. Both the Japanese and Western models are trying to produce identical versions of automobiles (i.e., what's under the hood of one 2006 Camry should be pretty much like the next) while, on the other hand, even the most "Fordist" studio approach still tries to produce different films (even if they're only nominally different, like Miss Congeniality and Miss Congeniality 2). Still, looking at it again, I think the Japanese approach has some relevance to the project of this blog: Ingenuity, a "foreman" that also leads the design effort, reliance on small machines. These are hallmarks of self-reliant filmmaking. Finally, in spite of all the above I've written, I should mention that I like some of Ford's ideas. After all, he's the guy that believed that factory workers should be paid enough to be able to purchase the good they were producing. That's one idea that, sadly, in this age of global "outsourcing", again sounds quaint and unconventional.

First Post: Declaration of Principles

The virtue in most request is conformity. Self-reliance is its aversion. - Ralph Waldo Emerson, "Self Reliance"

The purpose of this weblog is to talk about and to encourage the practice of making high-quality films at a low-cost and/or with small-labor systems. A good term for this practice is "Self-Reliant Filmmaking."

Self-reliant filmmaking is interesting for at least two reasons:

Less interference, more production: Self-reliance can let filmmakers bypass in whole or in part the common gatekeepers of cinema production (i.e., studios, production companies, etc.) and exhibition (i.e., major distributors). Needless to say, not needing a corporation's permission to make a movie can free you to make more of them.

Handcrafting: We believe, quite simply, that the way something is made shapes the nature of the thing itself. Self-reliant films are by definition handcrafted, and this is a good thing for today's cinema, which needs as many human, soulful works as it can get.

While some might consider this naive, we see examples of self-reliant filmmaking throughout the history of cinema -- from the Lumiere Brothers' first films up to works by some of today's leading filmmakers, like Abbas Kiarostami and Lars Von Trier.

This weblog will discuss:

- Current and past motion pictures and/or filmmakers that are part of the self-reliant tradition

- Strategies and models for sustaining non-corporate, especially regional, filmmaking

- The distribution of this work, including the opportunities afforded by new technologies

- Tools of the self-reliant filmmaker, including the making, modifying, and/or hacking of equipment

In addition to the above, the weblog will serve as a forum for makers and critics to reflect on the philosophy, theory, ethics, and praxis of self-reliant filmmaking because, in all of its different embodiments, self-reliant filmmaking is both a practice and a principle.

Put another way, self-reliant filmmaking does not help the so-called "independent filmmaker," it is what makes a filmmaker independent.