IDA sponsor and generous supporter of the documentary film community, FirstCom Music, has something new for documentary filmmakers - the BBC Orchestral Toolkit!

Exclusively from FirstCom Music, the BBC Orchestral Toolkit is a new editing option that's for documentary score alternatives and beyond.  It's an exciting scoring tool that is not delivering "stems" but something much more flexible and easier to use in many ways.  Filmmakers can easily build a custom music score with a simple drag and drop of the audio files from the toolkit directly into your editing software alongside your visual edit.

See the BBC Production Music Toolkit in action here.

FirstCom Music is an online production music library source for licensing production music and sound effects for broadcast, film, multimedia and corporate productions. For licensing details and questions about the BBC Orchestral Toolkit, call 310.865.4437.

Have you ever wished for a direct line to a funder? IDA is launching a new initiative called #FunderFriday that makes your wish come true. Our members contact us everyday with questions regarding the complexity and variation of the many grants available to documentary filmmakers. #FunderFriday taps into IDA's long-standing relationships with prominent granting organizations so you can ask them the questions that are important to you.

We're excited to kick off this new initiative with NEH Senior Program Officer Jeff Hardwick. Our members asked Jeff questions via our Twitter feed using the #FunderFriday hashtag, and Jeff has generously answered those questions in this blog post. A big thanks to Jeff and to you for joining us. Stay tuned for the next #FunderFriday, and don't forget that the NEH Bridging Cultures deadline is June 11th!

Our first question came to us via email from IDA Fiscal Sponsorship Program participant Huriyyah Muhammad:

Is it necessary to have Humanities Scholars appear in the actual film, either on camera or in VO form?

No, the scholars (however photogenic they might be) do not have to appear in your film. You should rely on the scholarly advisers to provide context for a project and identify relevant humanities themes and ideas. Filmmakers usually convene a meeting of the scholarly advisers early in the process and then rely on advisers to read a script, watch rough cuts, or be available to answer questions. Additionally, you should bring together a broad group of advisers that bring different perspectives to the topic, and not rely on a single scholar’s work or opinions.

The next few came in through our #FunderFriday hashtag:

#FunderFriday What's the first place to start when you are raising money for a documentary that already has been 80% shot?

— nicole zwiren (@nicolr) May 21, 2014

Jeff Hardwick: For our film grants (either Media or Bridging Cultures through Film), NEH does not break out a distinct “finishing funds” category. So if you have any shooting, interviews, editing, or post-production work to do, then you should apply for a Production grant. Of course, your budget would reflect the more limited scope of work to be done during the grant period. You also can decide whether or not you want to submit pieces of that rough footage as a sample for your grant application or not (sometimes it helps an application immensely).

Do funders prefer a complete idea with little room for flexibility, or a project that they can help morph? #funderfriday

— Lauren Knapp (@LCKnapp) May 21, 2014

Jeff Hardwick: At NEH, we like to see the idea as fully fleshed out as possible. We want to see the script, be able to picture what will be on the screen, and clearly see the humanities ideas. Of course, we realize that documentaries might change during the shooting or editing, but we need to be confident that what’s proposed will more or less resemble the final product.

Hi Jeff! Thank you for taking our questions. What is the biggest mistake filmmakers make when applying for funding? #FunderFriday

— DesktopDocumentaries (@DesktopDocs) May 20, 2014

Jeff Hardwick: Ah, let me count the ways—just kidding. That’s a tough one, but I’d have to say that perhaps the easiest resource that filmmakers overlook when applying for a grant is contacting us. Program officers in the Division are here to help you with your application, will read drafts, or answer any questions.  Taking us up on the offer can help you avoid lots of mistakes and headaches. Similarly, looking over sample applications is very helpful. These samples will give you models that can help you compose your application. Narratives from successful applications are available on the program resource pages of the Media or Bridging Cultures through Film programs.

As for the grant application, the biggest mistake would be not explaining what the takeaway humanities content will be for the viewer. Applicants should articulate clearly their concept for the project and the humanities issues that the project reflects, even when the proposal is for a development grant. Some applicants think that it is obvious what their film will teach people about humanities topics, but that content really should be detailed and explained. Indeed, making it very clear what the humanities themes will be is crucial to success here.

Hot fun in the summertime—get ready for the Summer 2014 issue of Documentary!

Out of school...fish are jumpin'...the time is right for dancin' in the streets...we're on safari to stay...and the Summer 2014 issue of Documentary is the beach-reading of choice for discerning perusers everywhere! This edition, we offer you a glimpse at

New Online and Cable Venues for Docs

The digital space is the volatile frontier, with stakeholders large and small jockeying for a piece of it. We look at a few of the newer players who are staking their claim, including Al Jazeera America, which in less than a year since launching has garnered a passel of honors. We talk to Shannon High-Bassalik senior vice president for shows and documentaries, about Al Jazeera America's programmatic mission and goals.

As the print world rethinks its survival strategies, some of the old-timers have been busy over the years beefing up their online video efforts. We look at some of the innovations coming out of The New Yorker, The Atlantic and The New York Times.

Finally, one of the more interesting debuts over the past couple of years has been Storyhunter, a network for video news journalists and docmakers to pitch their stories to publishers and distributors looking for creative content. We talk with co-founder Jaron Gilinsky about the brief history of Storyhunter—its achievements, as well as the obstacles it's had to overcome.

Elsewhere in the issue, June is bustin' out all over with Summer Solstice, graduations, Father's Day—and weddings. We feature two nuptial-centric docs premiering on HBO: Ben Cotner andRyan White's The Case Against 8, about the long road to the landmark Supreme Court decision that overturned Proposition 8, the California law that banned same-sex marriage; and Doug Block's 112 Weddings, in which the filmmaker, who moonlights as a wedding videographer, interviews some of his old clients about how their marriages turned out.

So, enjoy those lazy, hazy days; join IDA and get Documentary magazine year-round: Summer, Fall, Winter and Spring!

Last week, the USC Intellectual Property and Technology Law Clinic continued its advocacy efforts on behalf of documentary and independent filmmakers seeking reform on the issue of orphan works, copyrighted works for which the original rights holder cannot be identified or located. Many documentary filmmakers use existing copyrighted works when editing together their films, typically in the form of archival material. Sometimes a filmmaker may rely on fair use, but often he or she needs to obtain a license. When a work is orphaned, obtaining a license is impossible: how do you get a license when you cannot find the owner, or even determine who the owner is? This means that if a filmmaker wants to use an orphan work, he or she must do so under threat that someone claiming to be the rightsholder will emerge and sue for infringement.

It is for this reason that the Clinic submitted a public comment to the United States Copyright Office on behalf of the IDA and Film Independent with the co-counsel Michael C. Donaldson. Earlier in 2014, the US Copyright Office held roundtable discussions and sought public comments on orphan works and how they relate to larger preservation efforts. This March, Clinic interns Patrick Boyle, Patrick McCormick, and Professor and IDA Board Member Jack Lerner participated in the roundtable hearings. Last week's comment is a follow up to those discussions.

Legislative reform is urgently needed, and IDA and FIND continue to support the balanced approach to reform that the Copyright Office recommended in 2006: permit the use of orphan works after the user has done a diligent search, while compensating rightsholders who resurface and limiting harsh remedies such as statutory damages and injunctions for those who have done a search in good faith. We are pleased that the Copyright Office continues to pursue orphan works reform, and we look forward to the next steps in this process.

Transcripts from the roundtable discussions can be found here and here.

Information on the Copyright’s Office’s orphan works policy making activities.

A version of this post was originally published at the Intellectual Property and Technology Law Clinic blog.

Digital distribution is everywhere, but what's really happening and who are the voices you should be paying attention to?

The definitive panel on digital distribution that will deliver answers in crystal clear high definition:

1) Peter Broderick, President of Paradigm Consulting, knows the ins-and-outs of distribution strategies and techniques like nobody's business... and as our moderator, will ensure that all the bases are covered.

2) Chris Horton, Director of Sundance #ArtistServices, is leading the charge within Sundance on digital distribution. He consults with Sundance filmmakers everyday, so you know he has a lot to tell us.

3) Jen Chaiken produced two award-winning films at the 2013 Sundance Film Festival (Inequality for All, Afternoon Delight) and negotiated distribution deals for both. Jen's experience and insight gives our panel exactly the strong filmmaker voice we need to get to the heart of the distribution questions that matter.

4) Erick Opeka, SVP of Digital Distribution for Cinedigm, has played an instrumental role in making the company into one of the largest aggregators of digital content worldwide. Why does this matter to you? Because he knows exactly what is happing industry-wide and where you fit into this rapidly changing landscape.

5) Melanie Miller, VP of Acquisitions and Marketing for Gravitas Ventures, is both a producer and an industry insider who will tell us not just how Gravitas has become a major player in the world of independent distribution but how changes in digital distribution are affecting everybody in the room—including you!

Join us Monday, May 19 for Doc U: Distributing Your Doc, Pt. 2 - Cable and Internet Movers and Shakers. Don't miss out on this pertinent discussion—register for this event today!

The distribution landscape is changing — fast. So, on April 21st, we gathered a panel of experts at our monthly Doc U series to discuss the rapidly shifting world of theatrical distribution in the first of a two-part series on distribution. Alexandra Johnes (The Square) moderated a conversation with Peter Goldwyn (Samuel Goldwyn Films), James Shapiro (Drafthouse Films), Michael Kananack (Gathr Films), and Brenna Sanchez (Burn) who covered the crucial role that theatrical exhibition can play in a documentary’s overall distribution plan. We’ve distilled their talk into digestible bits of advice to keep in mind as you take your film out into the world.

And be sure to join us on Monday, May 19 at Cinefamily in Los Angeles for Distributing Your Doc, Part 2 – Cable and Internet Movers and Shakers. More info / tickets

1. Make a great movie that stands out from the pack.

We’re in a golden age for documentary, which means there are a lot of great docs out there. Your film has got to stand out. Most distribution brands—those that aren’t studios—are highly curated labels. While they do look at the marketability and monetization of a film, they primarily want to know that your documentary is one of the best films they’ve seen that year.

2. Get your film out there.

Distributors find films just about anywhere: festival screenings, internet searches, recommendations from colleagues, walk-ins, sales agents, and sometimes even crowdfunding platforms. Cut a great trailer and make a great poster to showcase your film’s marketability. Anything that illustrates why it would be an easy sell is a huge plus. Great distributors will become aware of your film way before it hits the festivals as long as you create a buzz around it.

3. Drive your own distribution train.

Get active on social networks. You have to convince your distributor that you can really build an audience for your film, and then point those fans to wherever your film has landed. Social and email communication make your audience feel like they are in direct contact with you, the filmmaker. It can also help you gauge just who and how big your audience is so that when it’s time to decide on your distribution model, you’ll know which is right for you. At the very least, you’ll know how best to help your distributor steer your film towards a wider audience.

4. Be confident that you’re the best person to sell your film.

Bring your A-game when you advocate and market the cause or story of your film. Communicate on Twitter and Facebook consistently. Talk about your doc’s subject matter and let your unique passion for it shine. Your fan base will find a lot more reason to feel strongly about the film if you give them the bigger reason to care about it.

5. Accept that there is no one-size-fits-all model.

Opening weekends and weeklong runs don’t determine a film’s success anymore. Distributors are now constantly experimenting with all the different formats and platforms available. Sometimes, they only do one traditional film release a year (for example, theatrical-only for ninety days). Increasingly, they orchestrate day-and-date release (simultaneous release for VOD, DVD and theatrical). Other times, they negotiate streaming on Netflix to be made available a month after the film is released in theatres. Sometimes, one-off screenings in ten different cities are the way to go. Being flexible to new models will help make sure your film gets eyeballs.

6. Don’t be (too) difficult.

A distributor’s job is to get somebody who knows nothing about your doc to go to the theater, buy a ticket, and watch it on Friday night. Their job is to try and sell your product, that film you have lived and breathed for so long. Try to hear your distributor out on what might be marketable within your film and what will be a better idea to roll out once your audience is already hooked. Don’t be too difficult, and don’t be unreasonable. However, walk that line carefully. Don’t compromise on something that your instinct and beliefs tell you to hold onto. Most distributors will be open to you asking questions and fostering a true partnership.

7. Stop expecting everyone to have the answers.

That sales agent, publicist or distributor isn’t necessarily going to know more than you do. It’s the Wild West out there. If all the distributers pass on your film or nobody returns your calls, don’t sit around waiting for the golden ticket that the industry might provide while your film gets left out in the cold. You have to follow your gut and take the path you really believe in for your film.

8. Be aware of what constitutes fair use.

Too many filmmakers miss out on great distribution deals because they aren’t fully informed on their clearance issues. Understand the differences between clearing your footage for worldwide, for trailers or for ancillary merchandise. While distributors will work with you on the really vital pieces, they won’t like the inevitable delays that come with clearing rights for excessive clips. It might cause them to forgo your film altogether.

9. Let opportunity arise from desperation.

As there’s no one-size-fits-all model anymore (see #5), you don’t necessarily have to worry about being able to afford a publicist or sales agent. Brenna Sanchez (Burn) was forced to self-distribute her film when no one wanted it, even after the film won audience awards and gathered a lot of buzz. After traveling to 170 cities where she rented theaters and managed ticketing herself, she didn’t just break even; in the end, Sanchez grossed $1.2 million, beating out every distributor who had initially passed on her film. Word of warning, however: If you do choose to go your own way and distribute yourself, just be aware of the immense fortitude and commitment of resources it requires.

10. Understand that your failures don’t define you.

In a particular year, your really great film might not get the attention, distribution opportunities, or audience size it deserves because of various factors: it could be the wrong time for your subject matter, the economy might be in free fall, or a natural disaster could strike on the same day as your film’s theatrical roll out. Give it all you’ve got—and then go out there and make another really great film.

Los Angeles-based ArcLight Cinemas has long supported the documentary art form. For the past several years, the theaters have presented the Documentary Film Festival, a showcase of the best in independent documentary filmmaking. This year, IDA Board President Marjan Safinia has been selected to curate the new ArcLight Documentary Series, a short run of four noteable recent documentaries. Each selected for their accolades from recent film festivals and their potential to unite the local documentary film community, the films in the series promise an exciting filmgoing experience in a city that already fosters a great love for the movies.

Starting on Tuesday, May 13, ArcLight Hollywood will be showing a new documentary film every Tuesday evening at 7:30pm:

Tuesday May 13, 7:30pm
112 Weddings

Tuesday May 20, 7:30pm
Slingshot

Tuesday May 27, 7:30pm
The Internet's Own Boy: The Story of Aaron Swartz

Tuesday June 3, 7:30pm
Rich Hill

Each of the four films is making their Los Angeles premiere in the ArcLight Documentary Series. Both Slingshot and Rich Hill are part of IDA's Fiscal Sponsorship Program, which helps hundreds of independent documentaries, which may otherwise have been unable to secure funding, get funded and finished. Marjan has been a champion of these films, and is thrilled to finally present them to the greater Los Angeles public.

Be sure to stick around after each film for a Q&A with the filmmakers and a reception in the ArcLight Cafe Bar, where you can mingle with fellow filmgoers and connect around the film.

For more information on the series and to sign up to receive updates, please visit arclightdocseries.com. Please help spread the word to other documentary lovers in your world!

Here is the latest installation of great funding opportunities coming up this summer. There is money to be had. Go for it!

IDFA BERTHA FUND
The IDFA Bertha Fund is the only fund in the world dedicated solely to stimulating and empowering the creative documentary sector in Africa, Asia, Latin America, the Middle East and parts of Eastern Europe. The fund is looking for new creative documentary projects which can be submitted in project development, production, and post production.
Deadline: May 15th, 2014

SHAW MEDIA-HOT DOCS FUNDS
Established in April 2008, the Shaw Media-Hot Docs Funds consist of a $3-million Completion Fund and a $1-million Development Fund that aim to provide Canadian documentary filmmakers with much needed financial support at critical stages in their projects. Hot Docs will manage and disperse the Funds’ benefit monies over a seven-year period.
Deadline: May 21, 2014
 
WOMEN IN FILM FINISHING FUND
The Women In Film Foundation's Film Finishing Fund (FFF) supports films for or about women by providing cash grants of up to $15,000 and in-kind services.
Early Deadline: May 23, 2014      
Final Deadline:  June 6, 2014       

FILM INDEPENDENT PROJECT INVOLVE
Project Involve is Film Independent’s signature diversity program dedicated to cultivating the careers of filmmakers from communities traditionally underrepresented in the industry. The program, which runs from October through June, selects filmmakers from diverse backgrounds and filmmaking tracks—a mix of writers, directors, producers, DPs and editors, as well as those seeking work in acquisitions, marketing, distribution and agencies.
Deadline: May 31, 2014

NEH - BRIDGING CULTURES THROUGH FILM: INTERNATIONAL TOPICS
The Bridging Cultures through Film: International Topics program supports documentary films that examine international and transnational themes in the humanities. These projects are meant to spark Americans’ engagement with the broader world by exploring countries and cultures outside of the United States. Proposed documentaries must be analytical and deeply grounded in humanities scholarship.
Deadline: June 11, 2014

HOT DOCS BLUE ICE GROUP DOCUMENTARY FUND
The Hot Docs-Blue Ice Group Documentary Fund is a grant program providing financial support to African documentary filmmakers for development and production. Development grants of $3000 - $8000 and production grants of $5000 - $40,000 are awarded to approximately four to 10 projects annually.
Applications open: June 20, 2014

POV CALL FOR ENTRIES FOR 2015 BROADCAST SEASON
POV, public television's premier showcase for independent, nonfiction film seeks programs from all perspectives to showcase in its annual PBS series. All subjects, aesthetic approaches and lengths are welcomed.
Deadline: June 30, 2014

VALENTINE FOUNDATION
The Valentine Foundation funds fiscally sponsored projects that produce significant change in the social, economic and political systems and institutions that impact the lives of women and girls in order to make those lives more equitable. Primary focus is on organizations that serve the Greater Philadelphia area or that have national impact with a local connection.
Deadline: June 30, 2014

FLEISHHACKER FOUNDATION
The Fleishhacker Foundation makes grants to film projects within its Small Arts Grants Program. Applications are only accepted for the post production phase of the project based on rough cut. Most grants are in the range of $2,000 - $5,000. Artists may only apply once for any given film project, and a Bay Area arts organization is preferred to serve as the fiscal sponsor.
Deadline: July 15, 2014
 
NUVOTV - NU POINT OF VIEW FOR EMERGING LATINO FILMMAKERS
Nu Point of View is looking for the next group of emerging Latino filmmakers and is accepting film submissions for a brand new showcase with a possibility to earn up to $3000. Shorts, features and documentaries are accepted. The film must be relevant to NUVOtv which focuses on the Modern Latino. Films must be in English.
Deadline: July 31, 2014

HUBERT BALS FUND
The Hubert Bals Fund of International Film Festival Rotterdam supports filmmakers from developing countries with contributions in the stages of script development, post-production and distribution. Annually, between 20 to 40 film productions are realised with the support of the Hubert Bals Fund.
Deadline: August 1, 2014

NEH - GRANTS FOR MEDIA PROJECTS
This grant is for broadcast length projects - stand alone films or series. There are two categories:  Development (up to $75K) and Production/Post Production (up to $650K).
Deadlines: August 13, 2014
 
OPEN MEADOWS FOUNDATION
Open Meadows Foundation is a grant-making organization seeking projects that promote gender/racial/economic justice. The projects must be led by and benefit women and girls, particularly those from vulnerable communities. Organizational budget should not exceed $150,000.
Deadline: August 15, 2014

NEH FUNDING – DIGITAL HUMANITIES START-UP GRANTS
The NEH funds programs that reach the general public (digital projects, museum exhibitions, radio, library events, documentaries etc.). This digital projects category presents a new funding initiative such as games, apps, websites, immersive experiences etc. There is no emphasis on innovation in terms of technology. There are two stages  of planning including Discovery (up to $25K) and Prototyping/Testing (up to $100K).
Deadline:  September 11, 2014

CATAPULT FILM FUND
The fund provides development funding to documentary filmmakers who have a compelling story to tell, have secured access to their story and are ready to shoot and edit a piece for production fundraising purposes. Catapult's mission is to enable filmmakers to develop their film projects to the next level at a stage where funding is hard to find.
Applications open: July 14, 2014
Deadline: August 25, 2014

China's documentary television sector has travelled light years in a decade. This boom is driven by China's vast-scale, rocketing economic growth, its deep cultural respect for content-rich programming and its top-down media policy.

Documentary channels are flourishing at the national level—at CCTV (China Central Television), the predominant state television broadcaster, and in the regions as well.

Viewers are hungry for informative storytelling that seems quaint by the "Big, Noisy Character" measure deployed by an increasing number of Western networks. Beijing has rejected reality TV and many competition formats as "trashy" and "cultural pollution." There is a diktat from the Communist Party for China to become a world leader in the documentary niche.

According to Yves Jeanneau, director of Asian Side of the Doc, "The national media regulator SARFT [State Administration of Radio, Film, and Television] recently directed that every one of China's hundreds of satellite channels must program at least 30 minutes of documentary programming every day." That decree will expand the pipeline for format deals, co-productions and original Chinese productions, but it excludes acquisitions from international suppliers.

"The market changes by the quarter," Jeanneau notes. "There are now approximately 12 channels in China that are dedicated to documentaries and educational programs. The leader is CCTV9, the Documentary Channel. CCTV10, the Science & Education Channel, is up-and coming. Shanghai Media Group and Hunan TV (Golden Eagle) are the leaders in the provinces, where even municipal broadcasters are launching nonfiction channels and blocks."

CCTV9 Documentary Channel

CCTV is China's national public broadcasting behemoth. It operates 37 channels: 25 public and 12 premium channels. The network's total domestic audience share in 2012 was 32 percent.

CCTV9 Documentary was launched in 2011, following an official culture war against subversive "vulgar tendencies" in the media that was directed against reality series. CCTV9 took off: Its average primetime audience is now said to be 63 million. According to its press office, "Our highest daily audience exceeded 94 million." Its viewers are said to be well educated and influential.

In 2013, CCTV9 signed on to 14 international co-productions, totaling 50 episodes for an investment in the $8 million to $12 million range.

Liu Wen, the Documentary Channel's managing director, says that his team wants to work with companies that have "abundant resources and rich experience in every field, or who specialize in a particular field, such as underwater filming." Partners tend to be well-established broadcasters or producers. They include BBC, France Televisions, NGC Asia, NHK, NHNZ, Gebruder Beetz Films, Screen Australia, Gulliver Media, ITV, Kwanza (France), KBS Korea and Bearcage Films.

In 2012, CCTV9 announced four in-house signature productions, and eight in 2013, when there were 500 hours of original production and 800 hours of international acquisitions. CCTV9's investment is growing fast. The budget "Sweet Spot" for co-productions is $660,000 and for the unique signature programs, $1.25-2.5 million.

The editorial focus is on the untold stories of Chinese history and natural history, as well as destination-based programs that show China in a positive light. Science is also a promising genre.

Experienced China hands say, "Avoid politics and religion. And history is tricky." And, they add, "Say ‘No!' to the Three T's: Tiananmen, Taiwan and Tibet!"

CCTV10, the educational channel, is moving away from instructional programs to documentaries that entertain and inform. A new English-speaking acquisitions team has taken charge, and CCTV10 is both a growing national player and an alternative to CCTV9.

China's regions and cities are also competing to develop documentary channels and production centers.

Global Dimension

CCTV offers international channels in Chinese, English, French, Spanish, Russian and Arabic.

China's documentary sector has already gone global: Blue chip co-productions are underway with the BBC, Nat Geo, Discovery and others, and CCTV made its presence felt at the 2013 MIPTV market in Cannes, France. "Size is important at MIPTV," says Luo Ming, CCTV's vice president for economic affairs. "And the higher the profile of Chinese content in general, the more interest there is in all our shows."

CCTV Documentary Channel is widely distributed outside China. CCTV's international channels are broadcast in English French, Spanish, Arabic and Russia. And CCTV News operates five regional news hubs and 63 bureaus. The largest are in Washington and Nairobi. 

Challenges

There are very important structural issues to be resolved for China's Western partners.

Contracts are vaguely enforceable in China, and many Western distributors point to the lack of transparency at CCTV, citing the lack of a rate card, a standard contract and a standardization of deal terms.

License fees are mainly in the low four figures in US dollars, which doesn't match the media value of the programs.

Corporate sponsorship is a proven path for producers to schedule individual productions and programming blocks. This can equally apply to entertainment, or content-driven nonfiction. The sponsorship model involves producers with agents and dealmakers, and Western agents are established in the major media centers.

Buyer Beware!

Pre-emption is an issue: As the national broadcaster, CCTV can pre-empt regional and local schedules and deals. I have heard of instances where producers and provincial broadcasters had jointly arranged to fund series through sponsorship deals with regional companies or government agencies. CCTV noticed the programs on the regional broadcaster's schedule, liked them and then commandeered them for a national CCTV network. The sponsors backed out because they were no longer reaching their target regional audiences. And the producers were left to cover the deficits.

Takeaways

In 1998 in Beijing, I was a guest speaker at what was billed as "China's first documentary conference." Beijing TV Networks was the host. There were two Chinese documentary producers in attendance, and it was said that there were none outside Beijing. A decade and a half later, the contrast is staggering.

Expect even faster growth in the flow of commissions, budgets and editorial quality of documentaries as China creates more wealth and more leisure time that will free up more consumers to enjoy media.

CCTV will inevitably expand its solo Documentary Channel to a suite of factual entertainment channels. These networks will also commission and distribute programs that will find international markets.

In the short term, Western producers can expect a struggle to participate in what is still a thin, partly formed and politically mandated market. But based on decades of futile attempts to gain a lucrative foothold in China by the likes of media magnate Rupert Murdoch, they can forget about earning equity in large-scale Chinese production companies and channels.

It is interesting that CCTV Documentary Channel has adopted a "preferred vendor" strategy that is comparable to UK and US channels. That means rough going for independents, unless they can partner up with a major player.

Ironically, China's exploding demand for content-driven "classic" documentaries comes at a time when many Western channels like Discovery are shifting toward a mix of scripted and unscripted entertainment. China's emergence as a co-production partner may bolster the economics of the remaining blue-chip documentary slots in North America and Europe by replacing the evaporating contributions from those regions—but only for highly selective topics that fit China's top-down documentary policy.

Peter Hamilton is a New York-based executive producer and senior business consultant to nonfiction television industry leaders, governments and foundations. He is a former CBS executive. His clients since 1987 have included Discovery Communications, A+E Networks, BBC and Smithsonian Channel. He is the co-executive producer of The Shot Felt Around the World, a 2013 bio doc that features Bill Gates and is about the late medical researcher Jonas Salk, for the Smithsonian Channel. Hamilton is the founder, editor and publisher of DocumentaryTelevision.com.

© 2010-2014 Peter Hamilton. All Rights Reserved.

SIDEBAR

'Super Boy' Doc Smashes Crowd-Funding Record

Super Boy is a Chinese hit show for male singing contestants. It was inspired by the UK elimination format Pop Idol.

The producer, EE Media, embarked on a feature documentary project—now entitled I Am Here, and directed by Lixan Fan—that follows three young men as they compete for the ultimate prize. The boys come from tough family backgrounds; for them, the stakes are high. But they become fast friends on the ride up. That is, until the final rounds, when they compete against each other—and things get more than a little catty.

The budget is $1 million-huge for a Chinese documentary.

To finance its film, EE Media turned to the Chinese crowdfunding site zhongchou.cn. The campaign was supported by Super Boy's broadcaster, Hunan TV, a powerful regional operator of about 12 channels, including two national ones. The crowdfunding campaign for I Am Here raised $820,000. 

A nationwide, multi-screen theatrical launch is planned for 2014. It's the first-ever simultaneous opening for a documentary in China. All previous cinema releases for docs have followed the market-by-market "art house" path that is familiar to Westerners.

—Peter Hamilton

Guest post by recent USC Law grad Rom Bar-Nissim ’13, who was on the legal team on the brief. Clinic interns Patrick Boyle and Patrick McCormick also worked on the project.

On April 15, 2014, the International Documentary Association and Film Independent filed an amicus brief in the Garcia v. Google case in the Ninth Circuit. The brief was prepared by the legal team of Gary L. Bostwick, Jack Lerner, Michael C. Donaldson, Lincoln D. Bandlow and Rom Bar-Nissim.

Garcia v. Google is a copyright case brought by an actress in the highly controversial film The Innocence of Muslims. The actress, who was lied to about the nature of her role, claimed a copyrightable interest in her 5-second performance; the Ninth Circuit Court of Appeals accepted her theory and ordered Google to disable access to all copies of the film.

The Clinic argued that the Ninth Circuit’s opinion will create three forms of chaos for independent filmmakers and will result in a chilling effect on filmmaking activity. First, the opinion makes it unclear to filmmakers when a "copyrightable interest" arises for someone who appears onscreen. Consequently, a filmmaker does not know when or whether to get a release. Second, the court appeared to state that unestablished filmmakers are not "employers...in the regular business of filmmaking" for copyright purposes. Employer status is important for burgeoning filmmakers. If a filmmaker is considered an employer of someone who makes a copyrightable contribution to the film, then the filmmaker owns the copyright in that contribution. Third, the court held that even if the filmmaker had an implied license from the actor or other contributor, there are limits on how far the filmmaker can stray from the actor’s understanding. Unfortunately, the court did not articulate how far the filmmaker can stray.

Ultimately, the chaos created by the Ninth Circuit’s opinion creates so much uncertainty for independent filmmakers that the only way forward will be to retain costly legal counsel. But even with counsel, many films may still be more likely to see a lawsuit then the light of day.

In making our argument, we solicited and used statements from Academy Award-nominated filmmakers like Josh Fox (GasLand) and Scott Hamilton Kennedy (The Garden). We also employed a wide array of films and examples to illustrate our arguments, including Easy Rider, Errol Morris’s Tabloid, skateboard viral videos, and reality TV. We also explored the humble beginnings of filmmakers like Christopher Nolan’s Following, Robert Rodriguez’s El Mariachi, Jim Jarmusch’s Permanent Vacation, and filmmaker Lee Storey who made the documentary Smile ‘Til it Hurts: The Up with People Story in her spare time while working as a lawyer and then successfully beat the IRS in court to be recognized as a filmmaker.

The brief is available here.