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Using & Licensing of Art in the Entertainment Industry

Can you make a living through the arts?

Most people may think that is impossible to sustain a good living that comes from their art; nonetheless, you will be amazed by how successful this industry is when you know how to play your cards. Artist Rene Magritte once said, “Life obliges me to do something, so I paint.”. The art consists of a diverse range of human activities that can go from painting or sculpting to acting or dancing, despite which form of art fits you better, you can develop substantial sources of income out of it.

The majority of artists sell their art in galleries, but there are plenty of other options where you can distribute your pieces such as, licensing, selling online or, working with art rental companies; believe it or not, these rental agencies operate by leasing artwork to clients who pay weekly fees, but who are these clients, and why are they interested in renting your artwork instead of buying it? Simple, your clients are in the film industry. Entertainment Art describes the artwork used in films, games, and TV shows, this type of art is made to help the audience visualize and design characters, sets, props, outfits/makeup, and anything else needed for production. Jennifer Long, the owner of Film Art LA, expressed that most film budgets allow between $8,000 and $25,000 for artwork; her company specifically pays 40% to the artist, takes 40%, and spends the remaining 20% to promote other artwork. Do your numbers, and you will realize that it is a win-win deal in which you will always be obtaining profit from your artwork.

Getting connected to television and film professionals

There are several factors that can help you boost your chances to get your art on TV & Film; decorators and designers often look for abstract, or minimalistic artwork with neutral colors, and medium to large format; additionally, your artwork needs to be appropriate to fit within the film, so it can help define the characters; living near a production is also helpful because you have easier access to production companies; however, what truly matters is that you have to be an easy-to-work-with professional.

Licensing your art creates another revenue stream

Another way to generate extra income out of your art is by licensing; this process is defined as the right to use a legally protected property in an agreement with a product, promotion, or services; regularly, the market pays between 4% to 30% in royalties to the artist for every print sold and a small percentage on their framing. The great thing about Licensing is that it is a continual, residual income builder that help to fill in the gaps when art sales are at a low rate. There are endless possibilities of products that can be licensed; as an artist, you have the potential to create your own brand and offer more than your prints, but everything from collectibles, home decor, or whatever that can cross your mind.

What is the type of art most often needed for television and film

Companies are looking for themes or patterns that they can use over several of their products; therefore, divide your work into sets so you can have different products to offer. Besides expanding your brand you also need to protect it; read books, websites and blogs about how artists can license their art, this knowledge will help you negotiate your rates and protect your rights; define what your goals are and who you are selling to, this will determine what product you want to launch and which companies you want to work with; let these companies know you exist, write them a meaningful letter describing your work and your interests, show them how they can benefit from your work; create a list of those companies you have contacted and those you want to contact; create a portfolio to showcase your art and how it can fit with different products; follow up with your proposals, give them a follow up email after two weeks to a month, considering that they might be too busy; connect with the right people, use social media to interact not only with friends but also with possible clients.  

As an artist, you can protect yourself and still promote your art.

Another way to protect your artwork is by copywriting. This form of intellectual property provides artists the original works of authorship, which includes literary, dramatic, musical, artistic, and other creative works.  It doesn’t matter where you place your art, as long you are not destroying any property, you have ownership over your work, and you have the right to protect it. Graffiti is a great example of this matter; even though street art is an illicit form of public art, it perfectly fits within the law of copywriting because it has a modicum of creativity, and can be fixed into any tangible medium of expression. Miami’s Wynwood district has become a hotspot for street art where everybody takes pictures of beautiful walls;  however, many photographers, journalists, and bloggers wonder if they are exposing themselves to liabilities when they photograph these street arts, but why? Truth is that everything depends on what you do with the pictures you took or the purpose of those pictures; there would not be any inconvenience if you took pictures of the art for personal purposes; nonetheless, if you took them for commercial purposes, as photographers, journalists, and bloggers could; then, you should have to pay royalties for using those artworks photographs, if you don’t, the authors of these artwork pieces have the right to sue you.

Compensating artist when using art in television and film media

“Art is one of the hardest parts of what we do for a film,” says Ellen Brill, an eight-time Emmy nominated set decorator who designed Home Again. “It really is.” Finding the right artwork with legal clearance to appear on the screen can be a real challenge. Art Clearance has become increasingly critical over the past years, making film studios and artists take this matter seriously. Under the Copyright Term Extension Act of 1998 (an extension of the Copyright Act of 1976), artworks generally enter the public domain 70 years after an artist’s death, which means that the owner of the artwork retains the rights to the display and use of their work until that time. Before any artwork is used on films, videos, or TV shows it needs to be cleared, which means that it needs to get the copyrighted approval from the owner of the artwork, rather artists, galleries, estates, etc. As expected, artists want to get paid for their work, and studios want to pay a price that fits within the budget. One way to make things easier is to work with art rental companies, or art galleries, as mentioned before in this blog, due to the fact that they work as an intermediary that protect both, the artist and the studio, from copyright-related lawsuits; hence it is not mandatory to work with these agencies, they surely help along the way of getting your art on TV and film, making sure that it is cleared.

Why television and film professionals should use art as part of a set design 

No matter if it is a television commercial, a music video, or a movie, the set design is necessary to bring to life a scene based on the narrative the director wants; set designers are the one in charge of designing and creating the physical surroundings in which all the action will take place during the production, these professionals turn rough draws and ideas into the most realistic scenarios to help actors played the perfect scenes

Artwork plays an extremely important place when designing the set, everything you see on film was carefully composed to affect your watching experience subconsciously. Filmmakers use color to set the tone of a scene, to make the audience feel, to show a character’s journey,  or to communicate a film’s ideas. Red is used to express power, passion, anger, love, or danger; pink denotes innocence, sweetness, femininity, empathy, or beauty; orange is associated with sociability, friendliness, happiness, youth, or exoticness; yellow signifies madness, sickness, insecurity, obsessiveness, or naive; green represents nature, darkness, immaturity, corruption, danger, or ominous; blue symbolizes cold, isolation, melancholy, calm, or passivity; and purple communicates fantasy, erotism, ominous, mystical, illusion, or ethereal. Besides playing with your mind on purpose, filmmakers also play with their budget; all this color use not only helps to create the perfect tone for a scene, it actually help filmmakers reduce cost by not having to build out everything needed to bring a whole scene to life. As mentioned before, getting all the copyrighted permits is an art by itself; sometimes is easier and cheaper to make the set designer paint something that fits within what the scene would be even though it will have a different look and feel of a genuine piece of art might have; other times art is already there, for example, when shooting in exterior locations such as luxury condos, buildings, famous streets, woods, etc; some areas let you shoot in there in exchange for credits in the movie, others are free permits, but most of them  can cost thousands of dollars a day to shoot in.

Using art in film is a win for both artists and entertainment professionals

Movies are often considered a form of art; they are the product of arranging symbolic elements in a way that influences senses, and emotions; from within they are a combination of different branches of art such as music, literacy, drama, sculpting, and panting.  Using artwork in films can help reduce the cost for productions as set designers have less to dress up on set; additionally, helps directors to better capture a scene by making it true to life; this practice is also an outstanding way to inform the audience about who or what the character is like, whether it’s fine art, graffiti, or abstract art, the use of artwork in films is a win for artists and entertainment professionals, as they both help in affecting the audience emotions.

Challenges Facing Independent Filmmakers

Independent is the only true form of art; nobody doubts of an independent ballerina, writer, or sculptor, but when it comes to an independent film studio, the concept of independence seems to be unusual. To be independent in the film industry you need to be free from something, commonly the matrix of companies that dominate the production and distribution of film production in America. Most of the productions are made in Hollywood, a multi-million dollar business; and anyone who produces a film outside of this exclusive factory has to call itself  “independent” to be distinguished from the suit; however, as long as a film is screened in commercial theaters, or aired on pay or network TV, “independent” is a relative term.

It is not a secret for anybody that film industry is not as healthy and successful as it used to be. Hollywood is certainly thriving, and the future of the industry is bounded to the success of independent filmmaking, where the majority of personnel of Hollywood got their start. Unfortunately, independent filmmakers face several challenges, most of them have existed for decades, while others have recently appeared due to new technologies in the industry. The best way to face these challenges is by taking advantage of them, in order to use the weaknesses in our favor, though it might seem to be absurd.

Challenges Facing Independent Filmmakers:

Money and Financing

The majority of independent producers will agree that the most difficult task is raising money to pay for the production. The truth is that raising money is the key to any independent film, regardless of the position, experience, and past credits of the people involved. To choose the method that will fit better with the production is important to consider factors such as the type and subject of the film and the experience behind the cast and crew involved in the project. It is common to use crowdfunding platforms to raise money or to secure increasingly elusive government grants for short films. In fact, “the most beneficial situation for the filmmaker would be to receive 100% of the film costs from an equity sale in exchange for substantially less than 100% of the income” in a range of 25-50% according to “The Independent Filmmaker’s Law and Business Guide: Financing, Shooting, and Distributing Independent and Digital Films”. Even though filmmaking should be commercially viable without the need for public funding, is important to remember that people or organizations invest in the films to make profits out of them; therefore film budgets need to stand the scrutiny of investors seeking cost-effective production, as well as a reasonable rate of return.

 

 

Digital Revolution

Digital revolution has transformed the film industry, including production, editing, post-production, marketing, and distribution processes. These technological innovations have forced film studios, rather independent or not, to respond to the popularity of the internet and the success of new digital platforms guided by a potential for profit. In fact, the widespread use of digital media technologies has resulted in considerable cost reductions, which have helped create more product than buyers. Additionally, the affordability of making films on digital media has increased competition. Several filmmakers fear bankruptcy; however, the challenge to filmmakers is to make unique genre-specific movies using digital technology. The genre is the only way that a film buyer and the marketing manager of a distribution company can quickly visualize the movie poster, trailer, and marketing campaign.  The industry is changing into a more consumer-centric one, nowadays consumers can enjoy podcasts, web shows, and can access them by downloading or streaming the product. It is important to focus on the benefits that the digital revolution has brought such as worldwide distribution and instant access to the final product.

 

Decline of Innovative Storytelling

Nowadays is more frequent to see sequels and remakes of stories we loved instead of new stories to enjoy.  It seems like the industry has reached a point of fatigue in which lack of ideas is the common denominator, resulting in low expectations among audiences; additionally, the gaming industry, which breeds on digital technology, has been influencing storytelling in the film industry. In fact, the incorporation of gaming techniques in terms of storytelling and visualization will make movies stronger; it is mandatory for independent film studios to focus their efforts on unique storytelling, these new ideas will stand out more than they have in the past.

 

Creative Control

In Hollywood, everybody has a specific role to accomplish, and there is a budget for that, but in the independent filmmaking industry is common to have limited resources. A low budget makes people assume multiple roles in order for a film to be produced at the lowest cost possible, as director Benjamin Dickinson said: The biggest challenge that I had making the film was just that I was wearing too many hats. This de-emphasis on specialization means individuals are less likely to develop the specialized skills that Hollywood and large film agencies demand. Ultimately, it is a hit or a miss, depending on the director’s ability to wear multiple hats.

Essentiality of Social Media

Social media is becoming an essential part of a film’s package, that is why it is necessary to adopt a robust social media strategy in order to evaluate what is making an impact. Nowadays, we have more access to data than ever before that can help filmmakers to understand the audience they are trying to reach,  and create not only awareness but stronger loyalty and engagement for the long term; unfortunately, filmmakers are not collecting and analyzing efficiently their data. As an example, ‘Paranormal Activity’ may have cost a mere $15,000 to make. What Paramount bought was not the film, but the social media strategy that the filmmaker Orin Pelli developed around his film.

Film Distribution

The traditional film distribution model has been working good for big budget films, but for many other mid-, small- and micro-budget films it is almost impossible to achieve the results desired. Additionally, independent filmmakers end up competing against each other for limited attention and fragmented audiences due to the fact that there are too many films being made. At a movie theater, independent films face several challenges more than a regular film. First, they need to put in the effort of distinguishing themselves from the other independent films that are opening at the same time. Secondly, they need to invest in identifying their audience efficient. And thirdly, they need to be worthy for the audience that will pay for the ticket. Independent filmmakers are beginning to explore Video On Demand  (VOD) as a distribution method. Thus it allows filmmakers to reach larger audiences with relative ease, streaming services don’t provide nearly the same return as physical sales of DVDs; therefore, many independent filmmakers fear that this technology may lead them to go bankrupt if they are not able to attract the same volume as larger Hollywood films that garner millions of viewer. To overcome this issue, independent filmmakers often develop a hybrid distribution strategy that encompasses traditional releases with online distribution in platforms like Netflix and Amazon Prime.

Conclusion

The independent film industry is full of challenges as summarized in this article. Film studios normally face issues raising money to pay for the production, making unique genre-specific movies using digital technology, incorporating gaming techniques in terms of storytelling and visualization to make
movies stronger, assuming multiple roles in a film to reduce costs as much as possible, understanding the audience they are trying to reach, and distributing the final product through different channels. Although these are challenges that can be recognized easily, the solutions seem to be far away whether for the companies themselves or those public sector agencies which support the industry. Unfortunately, the structure and economics of independent film productions are not well suited to build sustainable companies which leads to a  number of serious challenges that threaten to limit filmmakers’ creativity and push the industry even further into the shadows. It is important that the industry focuses on finding solutions to these pressing issues. As viewers, we just enjoy the final product without understanding all the challenges that filmmakers faced behind the scenes. We need to internalize that making a great movie goes above working extremely hard, and having luck; the truth is that it needs love, passion, commitment, and tons of patience, especially if we are talking about independent films.

 

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