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Old Media Headache

by Casey McKinnon on January 19th, 2007

[Touring through an old media studio]
Person x: “I’ve got a headache”
Person y: “Me too… it’s called Old Media”

So here we are re-building the media the way we want it, yet still we depend on old media as a promotional tool. What video producer wouldn’t be flattered to have their content featured in the New York Times or on CNN? I know I would be.

The problem is that old media is set in the old ways… a restrictive copyright, gatekeepers and bureaucracy. Last year, G4 Tech TV wanted to feature Galacticast on Torrent, but after we read the consent form which would hand over all of our rights to the company Rogers, we declined. A few months later we spoke to them in person and we were able to amend the consent form to come to an agreement (they can use and re-use the footage on Torrent only and we retain our original rights). I’m very grateful to the people at Torrent for their understanding and flexibility.

Now we’re signing more consent forms, this time to a HUGE broadcasting corporation that we’re really excited about. Last month I filled out a consent form to allow them to use our videos and yesterday I was asked by the company representative whether the rest of our cast members featured in the videos should fill out consent forms as well. How should I know… you’re the big media company. I replied to the e-mail saying that all actors have given their verbal consent and are very excited to see the finished product. Today I was informed by the representative that I now have to get the rest of our cast to fill out consent forms to allow the company to re-broadcast their “likeness”. Now, I understand that the company wants to cover their ass to make sure they don’t receive any lawsuits, but isn’t it enough to get a consent form from the executive producer of our show? I highly doubt that Battlestar Galactica has their whole cast fill out consent forms every time a broadcast company wants to play a clip of their show…

How did the broadcast world get so darned paranoid?

6 Responses to “Old Media Headache”

  1. Zadi says:

    Haha. Yeah. I remember that quote at the beginning. The funny thing is that it was a old media studio mentality wrapped in an new media name… oh well. :)

    And yeah, the studios ask for releases to cover their asses. Hollywood is a “sue you” town. And if the show you relicense becomes a huge hit everyone crawls out of the woodwork and friendships are destroyed because people want to be compensated. It’s happened and it’s ugly when it does. It’s better to get everything in writing. It’s a pain, but will alleviate a lot of headaches down the road.

    The contracts for Battlestar Galactica actors most probably include clauses that allow their likeness to be featured in any ancillary promotional materials, etc – so they don’t have to sign every time. But a lot of times it’s case by case.

    AND – congrats on the signing! Onwards and upwards! :)

  2. brem says:

    You’re getting too big for your own good ;)

  3. Clintus says:

    Super de Duper!!

  4. Steve Woolf says:

    Yeah, to follow up on what Zadi wrote, you’d probably be best off having something in writing between you and your actors as production entity and employees (technically speaking). Just like BG, your agreement with the actors would allow you to move forward with promotional efforts.

    But if you are signing a licensing agreement that will generate revenue, you *definitely* need to have something in writing with your actors. You can decide amongst yourselves how to compensate them, but you do not want a situation where money starts rolling in and people are unhappy with their cut and create legal headaches.

    Always better to have that stuff worked out beforehand.

    Oh, and congrats!!!! :)

  5. Dina says:

    Well this is super cool…and right, there are plently of things the “old media” doesn’t get about the “new media”…and many are trying to reach out to new media people but asking them to play by even more restrictive rules because they are slightly scared of change. So interesting…

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