Nell Minow: Film Reviewer, “CEO Killer”

So there I was reading an old New Yorker, and came across this article about a lawyer who exposes overpaid corporate CEOs. The name and the picture looked familiar. Could it be the same Nell Minow who interviewed me about Sita Sings the Blues? Why yes, it is! Turns out the “Movie Mom” is kicking ass and taking names in CEO land.

“I believe that what we’ve seen recently is a corporate takeover of the capitalist system, to the benefit of certain actors in that system and to the detriment of everybody else.” —Nell Minow, aka “the Movie Mom”

Filed under awesome.

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Public Knowledge

Here’s a rather feisty and spirited interview I did with Art Brodsky of Public Knowledge, a “D.C.-based public interest group working to defend citizens’ rights in the emerging digital culture.” It’s very low-res and gritty Skype video, but the message comes through loud and clear.

My Wikimedia Rant

Note: Please, please continue uploading my comics to WikiMedia Commons, beloved uploaders! Nina’s Adventures is next. I completely endorse and support this work! Thank you! I love you! I post the rant below because, well, it’s on my mind now, and life isn’t perfect.

Continue reading My Wikimedia Rant

More (C)ensorship

Amazon erased purchased e-books from consumers’ Kindles. Wait’ll you find out what books. This is an inevitable consequence of Digital Restrictions Mongering.

Meanwhile, US courts banned a book using ©ensorship law!

©ensorship men’s tshirt

Now’s as good a time as any to plug QuestionCopyright.org‘s ©ensorship T-shirts. They’re actually quite inexpensive, and wearing them does a huge public service as you educate people around you.

“Wearing them really works, by the way. I wore one on a train recently and wound up having a great conversation about copyright with two people, one of them a musician coming back from a gig, after they asked me about the front.” –Karl Fogel

With a name like AWESOMEPEDIA, it’s gotta be AWESOME

Night of the Living Dead Business Model

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NYT article about corporate zombies here.

Oh, and also here! (thanks Tom Quinn!)

Larger poster image here (please copy).

Lloyd Kaufman Defines Media Consolidation

Lloyd Kaufman, Chairman of the IFTA, delivers a speech on media consolidation and the dangers it poses to independent art.

Lessig and Colbert

Colbert is excellent here. “Remember, NO REMIXING!”

Sita’s Distribution Plan

Dear Audience,

That Roger Ebert article has brought a lot of attention to Sita‘s plight, and you are responding awesomely, as always. Audience, I trust you. So it’s time for me to share with you my distribution plan for Sita:

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First I must decriminalize it to the tune of about $50,000. That’s down from the $220,000 the rights-holders initially quoted. However, that “bargain” price comes with many strings: a “step deal.” This stipulates that for every 5,000 home video units sold (DVD or download sales or on-demand sales) I must pay another $750 per song, meaning $8,250, plus middleman fees (lawyer or negotiator – I’ve already been billed about $10,000 just trying to negotiate with these corporations). Also for every $1million at the box office, I must pay another $3,500 per song, or $38,500.

To put that in perspective, after theaters, distributors, agents, etc. take their cuts and deduct their costs, $1million in theatrical receipts would trickle down to about $30,000 to $80,000 for me. Luckily(?) it’s very unlikely to ever generate that much box office revenue, so I’m safe. DVDs are another story – the corporations measure their fees per unit (it works out to $1.65 per), regardless of how much the DVDs sell for.

But the good news is, promotional copies are traditionally exempted from step deals. Everyone needs to make free promotional copies for reviewers, festival committees, journalists, etc, and those shouldn’t be “taxed” by the licensors.

Which brings us to step two: while making one DVD pressing of 4,999 copies, I will place promotional files of the entire film – at all resolutions, including broadcast-quality, HD, and film-quality image sequences – online at archive.org and as many mirror hosts as volunteer to share it. I will license it either as Creative Commons Share-Alike, or some equivalent of the GNU/Linux license. This will prevent it and any derivative works from ever being copyrighted by anyone. Of course this license won’t apply to the songs, which will remain under copyright by their respective corporate overlords. But clearing the licenses first will decriminalize it, and make it safer to screen in theaters (and theaters will be free to screen it and charge for it without obligation to me). The free online copies are promotional copies.

“But Nina, how will you make money?” The way artists always make money: donations, commissions, grants, patrons, speaking fees. Indie distributors can’t pay anywhere near what it cost me to make the film ($80,000 + $50,000 to clear rights + $160,000 living expenses over the years I made the film + my TIME) but they do lock up the rights for 10+ years. In the Digital Age, distributors function primarily as a barrier between artists and audiences, prohibiting access rather than facilitating it.

I’m betting that you, audience, can find me more money – and certainly wider distribution – than a commercial distributor could. I get wonderful emails from people like you, people who offer to set up little fundraising screenings, who write good reviews, and do lots of things to help. Audiences are so eager to help distribute films! Old-school commercial distributors not only ignore the power of the audience, they actively fight it, calling it “piracy” and “theft” for example. And the audience comes up with much better ideas than I or a distributor could (I didn’t think of doing fundraising screenings, you did). And once I free the film, I won’t have to do any more work on it! You, the audience, can take care of everything.

Here are some ways I imagine copylefting Sita could generate some income for me:

1. Direct donations (aka voluntary payments, aka “pay-what-you-wish”)

2. Ancillary products: t-shirts, pins, toys, books, merchandise. Under a share-alike license these will be open-content as well, but there is little incentive for competitors to invest in producing such merch when it is already available (and much incentive if a certain product is not available, which is good). Any companies producing merch could use their sharing profits with me as part of their marketing; fans are much more interested in seeing their $$ go directly to the artist, than being all eaten up by some publisher or distributor.

3. Sponsorships. We expect the film to spread far and wide under a free license, and a sponsoring credit would be excellent publicity for anyone who cares to make it. Corporations sponsor shows on Public Television all the time for this reason (and under the free license, Sita can also be broadcast anywhere. At least one PBS station says they’re committed to broadcasting it.).

4. DVD sales and auctions. Although the film may be downloaded and copied for free, some will prefer an “official” signed DVD from the artist. These could be sold directly by me in a limited edition (of 4,999), and/or auctioned online.

5. Voluntary payments from public screenings. We encourage the film to be shown in theaters, schools, etc. and anyone can set up a screening and charge admission. They may voluntarily send some of the revenue on to me. Most exhibitors already expect to pay something to distributors, and although this is completely voluntary, we expect many will be willing to do this.

6. Selling 35mm film prints to collectors, archives, museums, and (hopefully) distributors willing to try a non-exclusive service model instead of the existing licensing model. Prints cost about $2,500 to make; I could sell them for $5,000 each. This also outsources the expensive work of archiving.

7. Probably many more that we just haven’t thought of yet!

Now dear audience, if you’ve read this far, what do you think of this? Maybe some of you want to help. Here’s some help I could use right now:

Money
I’m about to take out a $50,000 loan, and am already deep in debt from having to hold on to the film. But obviously I can’t guarantee I’ll make it back. Donors and sponsors will, as always, be acknowledged in the credits of the final version. Big donation? Big credit. Plus I can modify the “intermission” scene to include messages from really, really big sponsors – like $50,000 sponsors – so get in touch if you’re interested. Questioncopyright.org is hoping to arrange Fiscal Sponsorship for the Sita distribution project, so that you could get a tax write-off by donating to them. They would pass the whole thing on to me without skimming any of it (most nonprofits skim 7 to 10%). Questioncopyright.org is AWESOME.

Even with the $50,000, I still may not be able to clear all the songs. So far only Warner-Chappell and EMI have informally agreed to those terms, but they haven’t issued contracts yet, and they can still change their minds for any reason. The rest of the rightsholders are under no obligation to agree. Now that the cat’s out of the bag, will they work with me or against me? Hence my next request:

Is there a lawyer in the house?
I mean a good, progressive, Free-Culture-oriented lawyer. Right now we have questioncopyright.org‘s legal counsel, whose experience lies in Free Software. The California-based Electronic Frontier Foundation hasn’t yet agreed to help directly (maybe they’ll change their minds!) but is looking for additional pro bono legal help for me here in New York. The coolest legal work seems to be in Software; I haven’t yet found anyone in Entertainment Law who really gets it. But if you’re out there, please get in touch! Let’s make a Sita Legal Defense team.

Love,

–Nina

Watch me go on and on (and on) about copyright!

See me babble away on my current favorite subject, copyright and what’s wrong with it, over at questioncopyright.org. Here’s a sample:


Yes, the video is squished horizontally, because it was in DV format but uploaded on square pixels (I can’t wait until everyone just uses solid-state progressive-scan cameras). Also the audio is way compressed – it thoundth like I’m lithping. But the ideas come through.

This interview was conducted by Karl Fogel on November 6, 2008, at the Software Freedom Law Center in New York.

“fairies are forever”

As we know from the US Constitution, copyright is permitted

To promote the Progress of Science and useful Arts

This was supposed to be for limited Times, but Big Media corporations like Disney have managed to extend copyright terms continually. How are their efforts promoting the Progress of Science and useful Arts?

Fairies!

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That’s right, the way for the new Disney Fairies franchise has been paved by Disney’s tireless efforts to secure endless copyright extensions. Limited copyright terms would conflict with their “Fairies” business plan:

Mr. Iger said he singled out the Fairies line as a potential blockbuster in part because longevity would not be reliant on the aging of human stars, as is the case with “Hannah Montana” or “High School Musical.”

“As everyone knows,” Mr. Iger said, “fairies are forever.” (link)

Unlike nasty ol’ human beings, who age, and nasty ol’ constitutional limits to copyright monopolies, today’s copyrights – and the Fairy Franchises they protect – are forever. Let’s hope that’s worth sacrificing freedom of expression for, ’cause this is what “culture” is going to look like for a long, long time.

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“copyright was designed by distributors, to subsidize distributors, not creators.”

Read more at QuestionCopyright.org. Or continue reading here after the fold – the author, Karl Fogel, actually wants people to read his essay – imagine that! – and therefore grants permission for all to copy it.

Continue reading “copyright was designed by distributors, to subsidize distributors, not creators.”

Free Culture

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If you want to know more about how the American copyright system became broken, and why instead of fostering creative innovation like it used to, it now suppresses it, read Free Culture by Lawrence Lessig. Heck, read it anyway. You can buy the printed book or download it for free. It illuminates everything Sita Sings the Blues is up against, and why you should care.

…and on the Speech frontlines in India:

Salil Tripathi wrote an informative, well-informed article about whether Sita Sings the Blues can avoid being banned in India. It’s in the Far-Eastern Economic Review, and to read the whole thing you have to subscribe ($120 yikes!), but if you’re already a subscriber do check it out.

Lessons Wrong and Right

From today’s ASIFA-SF Newsletter by Karl Cohen:

After interviewing Normand Roger about sound design and using original music, I became aware of somebody who chose to use prerecorded music without first clearing the rights to use it. It can be a costly mistake if you want your work seen by the public.

I asked a film distributor what are the person’s options about getting a film out without having all rights to the music cleared. He said, “They are screwed. Over and over filmmakers use music they should never use without getting the rights. The music owners now figure they have to pay whatever they ask. Or change the music. That is what must be done. Compose some original stuff. No distributor will take it on without proper music rights. Even if the filmmaker puts the work online for free they can be sued and brought down by the music owners. They need to go to Lawyers for the Arts.”

I don’t want the lesson others take from Sita to be “don’t do that!” My hope is that Sita shows that yes, you CAN do this. The film violates some immoral and unconstitutional laws, but it EXISTS. If I’d followed all the rules, the film would not exist. If you take a lesson from Sita, let it not be to fear creative expression; let it be that US copyright laws are broken. Don’t use it to teach fear; use it to teach that, with some courage, anything is possible in art.

All film classes, film professors and film “experts” are adamant about not working with any cultural artifact whose rights aren’t cleared in advance. Clearing rights is a byzantine and prohibitively expensive proposition out of reach of all but the wealthiest productions – poor independent artists are shut out of this “required” step. Nonetheless, people who should know better encourage budding artists to self censor; to crush their own ideas before they are born in fear of possible litigious consequences. Rick Prelinger of archive.org calls this “internalizing the permission culture,” and it is a sure way to stifle, if not kill, creativity.

I am outspoken about the wrongness of today’s copyright laws that keep so much American history out of the Public Domain, and other copyright laws that criminalize certain forms of speech (such as computer programming) and criminalize millions of Americans for sharing culture. I was aware that working with existing compositions – compositions that were supposed to be in the Public Domain in the mid-1980’s – could lead to hardships when the film was done. I’m not saying, “boo hoo, poor me, how could this have happened?” I’m blogging so much about Sita‘s legal situation because I want people to know what’s wrong with the laws. Big Media Corporations rely on peoples’ ignorance to continue pushing worse and worse bills through Congress.

An artist’s job is to make art. I understand that many people in “creative” fields like animation aren’t artists but craftsmen, and if their primary goal is to make money off their craft, then indeed they should be warned away from taking risks. But I want to appeal to the artists out there: be free. Start with your own mind. Your job is to make art, not self-censor. Others may try to censor you, threaten you, sue you, imprison you; but that is their sin, not yours. Please don’t commit these crimes against yourself. Let them do it if they must, but don’t assist them in your own oppression. Please stay free.