Episode 1: Hal “Corky” Kessler explains Sec. 181

Episode 1: Hal “Corky” Kessler explains Sec. 181.

Crowdfunding and “Hey Zach Braff STFU and pay for your own movie”

STFU ZACH BRAFF

Why is there controversy about projects such as Rob Thomas‘s VERONICA MARS and Zach Braff‘s WISH I WAS HERE going to crowdfunding for the money to make their projects?

The surge in Perks-based Donor Crowdfunding over the past few years was primarily built on the concept that creative projects dreamed up by common folks with more ideas than money could go to each other rather than impenetrable banks or brokerages. The popular site Kickstarter (one of many) started in 2009 with the premise that such ideas, ones that were still good ideas even though they didn’t have a promise of likely profitability, could be brought to the public to allow the average person to help make the ideas into reality by donating money. This is a broad concept akin to what wealthy benefactors would do in ages past, when they became “patrons of the arts” by providing money so artists could create works of art.

THIS IS THE SECOND ‘GOLDEN AGE OF TELEVISION.’

When looking at what I’ve termed “The Blended Screens” — the destruction of all the different ways that used to define what we were watching (it was a “movie” because it was shot on film and shown in a movie theater; it was a “TV Show” because it was shot on tape and broadcast by a TV station; it was “Home Video” because it was burned to VHS tape or DVD or Blu-Ray and shown on a machine in the living room; it was a “Web Series” because it was carried over the Internet and watched on a computer; etc., etc., etc.) — it becomes clear to me that THIS IS THE SECOND ‘GOLDEN AGE OF TELEVISION.’

“Story-making”

Production is morphing into … what? Is it “filmmaking” if there’s no film? Are we “taping” a program if there’s no tape? Are they “films” or “movies” it they are viewed on a smartphone? Is it “Television” if it’s streaming online on demand?

The technology of production and the delivery methods are no longer pertinent to defining what creators do. We create. We no longer create things clearly defined as “TV shows” or “Movies” or “Web Series.” What we create is now going out on all of “The Blended Screens.” Some have called it “content” but I think that term is weak and too broad.

For me, I’ve decided it’s all “story-making” and that’s what I choose from now on.

MICHAEL R BARNARD PRODUCTIONS logo

The JOBS Act of April 2012 is a Failure for America.

THIS IS A MAJOR JOBS PROBLEM AND NEEDS OUR ATTENTION:

America needs good jobs. Joblessness and low-wage jobs have crippled the survival and prosperity of millions of Americans, and are a drag on our entire economy.

The promise of the JOBS Act, signed into law a year ago and supported by the most bi-partisanship effort in recent history, is DEAD because the Federal Securities and Exchange Commission (SEC) has failed to enact it.

The JOBS Act established a deadline of Wednesday, July 4, 2012, for the SEC to promulgate rules and regulations for the implementation of TITLE II—ACCESS TO CAPITAL FOR JOB CREATORS (commonly referred to as the “general solicitation rule“). The SEC missed that deadline. The agency did publish proposed rules for TITLE II on August 29, 2012, but has not implemented them. There is no anticipated date for finalizing the rules for Title II of the JOBS Act.

The JOBS Act established a deadline of Monday, December 31, 2012 for the SEC to promulgate rules and regulations for the implementation of TITLE III—CROWDFUND (commonly referred to as “Equity Crowdfunding“). The SEC missed the deadline, and has no anticipated date for the rulemaking to implement TITLE III.

AMERICA NEEDS JOBS! Hope from the JOBS Act of 2012 has been *crushed* by the SEC’s inaction and dismissal of the JOBS Act!

Call your representative and complain.

Find your representative here: http://www.house.gov/representatives/find/

See the potential for the JOBS Act at “FILMMAKERS, IT’S 2013. DO YOU KNOW WHERE YOUR JOBS ACT IS?“

FILMMAKERS, IT’S 2013. DO YOU KNOW WHERE YOUR JOBS ACT IS? Part 1

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FILMMAKERS, IT’S 2013. DO YOU KNOW WHERE YOUR JOBS ACT IS? Part 1 of 2

Michael R. Barnard

Written by Michael R. Barnard

Michael R. Barnard is a writer and filmmaker who has been researching the American JOBS Act since it was first proposed. Barnard is currently working on creating an independent feature film, A FATHER AND SON. He lives in Brooklyn, New York, and is the author of the historical novel NATE AND KELLY. Find him on Twitter at @mrbarnard1, Facebook at michael.barnard and LinkedIn at michaelrbarnard.

 

This article is an overview and observation, not legal advice.

 

SUMMARY: The independent film industry in America is not enjoying the growth that would be expected from the surge in the quantity of indie movies being made. The American JOBS Act, passed in April 2012, offers hope to reinvigorate the independent film industry.

 

FILMMAKERS, IT’S 2013. DO YOU KNOW WHERE YOUR JOBS ACT IS? Part 2

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FILMMAKERS, IT’S 2013. DO YOU KNOW WHERE YOUR JOBS ACT IS? Part 2 of 2

Michael R. Barnard

Written by Michael R. Barnard

Michael R. Barnard is a writer and filmmaker who has been researching the American JOBS Act since it was first proposed. Barnard is currently working on creating an independent feature film, A FATHER AND SON. He lives in Brooklyn, New York, and is the author of the historical novel NATE AND KELLY. Find him on Twitter at @mrbarnard1, Facebook at michael.barnard and LinkedIn at michaelrbarnard.

This article is an overview and observation, not legal advice.

 

SUMMARY: The independent film industry in America is not enjoying the growth that would be expected from the surge in the quantity of indie movies being made. The American JOBS Act, passed in April 2012, offers hope to reinvigorate the independent film industry.

 

           In Part 1, we discussed the reasons behind the difficulty raising equity investment.

Watch “Demand A Plan to End Gun Violence”

This is from DEMAND A PLAN

THE UNIVERSAL FILM ACCESS POINT

How will independent filmmakers fully embrace digital distribution for maximum value? It’s a new world, and the old methods cannot be squeezed and twisted to work in it. There will be a new approach to bringing indie films to the audience.

Old Movie Theater

I call it the UNIVERSAL FILM ACCESS POINT.

President Obama signs JOBS ACT; its Equity Crowdfunding may rebuild indie film biz.

Written by Michael R. Barnard for ReelGrok.com “Where Filmmakers Get It!”

ReelGrok.com “Where Filmmakers Get It”

President Obama  signed the JOBS ACT into law on April 5th, 2012. Called the ‘‘Jumpstart Our Business Startups Act,’’ the goal is to increase American job creation and economic growth by improving access to the public capital markets for emerging growth companies. It will make it easier for small businesses to raise money so they can create jobs and rebuild the American economy by amending the Securities Act of 1933. It can have a profound impact on the independent filmmaking industry.

President Obama said, “We are a nation of doers. We think big. We take risks.  This is a country that’s always been on the cutting edge. The reason is, America has always had the most daring entrepreneurs. When their businesses take off, more people get employed.”

That’s a boost the independent filmmaking industry needs. “I think we’ll see the $1 million range and down to $100,000 or so flourish with this new model,” says entertainment attorney Gordon P. Firemark.

The American Jobs Act

READ MORE AT REELGROK.COM “WHERE FILMMAKERS GET IT”

Our chance to rebuild the independent film industry.

FILMMAKERS, this is very important:

WHAT CONGRESS DID
The house has passed the Entrepreneur Access to Capital Act which offers a tremendous opportunity to rebuild the independent film industry. The Act is designed to allow businesses to raise capital through crowdfunding. Under current securities laws, filmmakers can only ask for donations, and donors support the film without any participation in its potential profit.

How to Start Writing a Screenplay

This is a verbatim conversation on Twitter from Friday, October 28, 2011, between me (@mrbarnard1) and Raven-Lee Royal (@Raven2BME).

Raven said: I read your post [The Movie That Needs to be Made], and I really hope you can get this movie made for all of us out there.

… So are you still trying to shop the film around?

The cost of asses-in-seats

Here’s what I think specifically about MARKETING LOW-BUDGET INDIE FEATURE FILMS (NARRATIVE FICTION).

This is an effort to help visualize the numbers needed for this new world of filmmakers becoming responsible for their own direct distribution.

The Internet needs to be free.

THE INTERNET NEEDS TO BE FREE

Yes, free.

That’s not a statement about pricing, it’s a statement about democracy.

This is what is commonly referred to as “Net Neutrality.”

Movie Industry Slouches Toward Digital Future

Republished with permission from eMarketer.com

The past few years have been bruising for the movie industry. After more than a decade of growth, the DVD began stalling in 2007. For the first time in its history, the industry saw its primary revenue source shrink without a new format coming along to take its place in the driver’s seat.

Logically, Blu-ray and digital formats should have stepped in to fill the revenue gap, but this has not happened. And at least two forecasts suggest it will be at least five years before these formats can lift Hollywood out of its doldrums.

Crowdfunding reveals vibrant new class of citizen funding.

Crowdfunding has great promise. And, it has exposed a vibrant new class of citizen funding.

In the spring of 2010, in comments on Jeff Steele’s Film Closings blog at http://filmclosings.com/2010/04/new-method-indie-financing/, I publicly assessed crowdfunding as having the potential to generate a normal maximum of, say, $5,000 if one spent all one’s time on it. Then, that leapt forward to the potential normal maximum of $15,000 to $20,000. Now, this year, there have been reports of reasonable numbers of fundraisings over $50,000. This is merely an anecdotal assessment, but those are numbers I now see reported.

Further Clarification of the PMD and Economics, by Jon Reiss

REPUBLISHED WITH PERMISSION

“This from the man himself, Jon Reiss, in response to the many wonderful posts this week from Michael R. Barnard, Lucas McNelly and Dennis Peters regarding the PMD.” ~ Sheri Candler Marketing & Publicity

Indie filmmakers abuzz about new PMD position

Right now, the indie filmmaking community is grappling with the new concept of a role called PMD, the “Producer of Marketing & Distribution.”

The confluence of the collapse of the indie film biz, scores of digital distribution options, and the ascent of social media has resulted in an incredibly strong and vibrant online community of filmmakers, especially on Twitter and Facebook and, of course, on various blogs. This online community is, in my opinion, more effective and vital than all of the panels and seminars about indie filmmaking that I’ve heard of and attended over at least the past decade.

And it is currently focusing on the PMD role.

Towards BRAINSTORMING

In any creative endeavor, BRAINSTORMING is an important activity. This is especially true in the indie film biz, which is going through upheaval and none of the players or observers has a clear image of what lies ahead, much less how to plan for it. There is tremendous opportunity in front of us, but there is no clear business strategy for any of us.

Enter BRAINSTORMING. If you’re lucky enough to put together an ad-hoc group for a strategy team, you need to exercise brainstorming.

FREE IS NOT WORTH THE PRICE, PART 2

Continued from FREE IS NOT WORTH THE PRICE, PART 1

We are now feeling the impact of that un-analyzed, self-serving desire, “I want it FREE.” The impressionable college generation coming of age at that time threw away moral discernment in the face of the “free on the Internet” mantra and nearly destroyed the music industry.

Yes, the Internet itself must be free. The recent announcement by the FCC that it is switching its official support from the old era of broadcasting to the current era of Internet access is welcome and profound news. The Internet needs to be freely available for the exercise of democracy.

FREE IS NOT WORTH THE PRICE, PART 1

The New York Times reports on the malaise hitting the very-important-to-Hollywood trade papers, especially Daily Variety. ^{[“Trade Papers Struggling in Hollywood”]}

Daily Variety is suffering the fate of many news publishers (even the New York Times), but attracts attention because of its reactions to its problems. This important trade paper recently fired staff critics, now favoring freelance critics. The paper is also one of the first to duck behind a paywall.^{[definition: "paywall"]} You can no longer read the entire paper online free.