Event Spotlight

Philadelphia Volunteer Lawyers for the Arts (PVLA) ::
Ethics In Filmmaking
by Juanita Berge, 1 Aug 2006

Juanita is currently the Philly Creative Guide Event Reporter. Previously she has worked in radio, advertising and network T.V. If you would like your event covered, and possibly featured, by Juanita and the Philly Creative Guide click on the link at the end of this article.

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You've spent months and months planning, shooting, and editing your project. You're just about to come down the homestretch when you realize that you need to do a few re-shoots. Scene 5, pages 115 through 175; a couple of days should do it. You call Manny, your best friend since freshman year in undergrad and acting producer of this film, to make arrangements. You were lucky he was on board with all of this. He may not have a creative bone in his body, but he knows numbers and puts all the other junior attorneys at his firm to shame when it comes to closing the deal - even if they are real estate deals. Yes Manny really came through for you; saving you God only knows how much dough by pulling all of this together. He is a truly great friend. Next week looks good for both you and the restaurant in which the scene was shot. Even the weather forecast is cooperating; it'll be sunny again for all the outdoor shots. A simple call to Manny to check on the terms of the re-shoot agreement and you can cut a check and be ready to go.

"Re-shoot agreement?" Manny says quizzically. "What re-shoot agreement?"

Beads of sweat begin to pop up on your forehead. Your pits are suddenly soggy. The hair on the back of your neck is standing on end. While you struggle to stem the panic beginning to rise in your voice, you explain to him exactly what a re-shoot agreement is. It begins to dawn on you that you are now up the river.

Up the proverbial river, my friend... and without a paddle. Sleepless nights and a pre-ulcerative condition are now in your future, your immediate future. In your valid (and you thought, clever) attempts to save a hefty piece of change in the making of this epic, you have now achieved the exact opposite. "Curse the day I ever laid eyes on that *#%8!# Manny Smith!!" you think. "A real business person, who also knows the ins and outs of the film industry, would be made to order," and then consider the possibility that you are, here and now, quite possibly having a stroke.

Can you relate? Well if you can, you've either already learned a hard lesson (our condolences), or this cautionary tale has shaken you to your core. No need to despair, though. Help is out there, help in the form of the Philadelphia Volunteer Lawyers for the Arts (PVLA for short). If you've not heard of them, then stop right now and take this information down; they can save you from many future indigestible meals.

For over quarter of a century they've been coming to the rescue of creative individuals and organizations all over the Delaware Valley. They help artists resolve their legal problems on a pro bono basis and provide a fairly wide range of services. In fact, this reporter just attended an event presented by the PVLA last Wednesday evening on the 19th of July.

In a small anteroom of the refurbished Aria Condominiums at 14th & Locust Streets, dozens of creatives and attorneys gathered for drinks and discussion. It was a casual gathering but well orchestrated by hosts Cashman & Associates, who had several representatives on hand seeing to the needs of our group. Ushered into a larger, adjoining meeting room, attendees, with drinks in hand, took their seats and the evening got under way. Attorneys working in the field of entertainment law were on hand to discuss the finer points of several scenarios fielded by that evening's moderator, attorney Brendan P. Bovaird of Hunt & Ayres, LLP. Says event coordinator Joan Bressler of the Greater Philadelphia Film Office, "The seminar is intended for attorneys to hone their skills and fulfill continuing educational requirements/etc. with filmmakers eavesdropping on the proceedings for their own purposes." In fact, the Film Office sees these as excellent opportunities for regional filmmakers to hone their skills with regard to recognizing instances in which the need for qualified legal representation arises.

During the course of a panel discussion and question and answer segment that followed, all interested parties were permitted to pose their questions about traversing the rocky road of ethics in filmmaking, the topic for the evening. Several questions were examined, including the need for specialization in the field of entertainment law, retainer vs. percentage payment, pitfalls for lawyers in representing creatives, and the art of the deal. The panel, comprised of entertainment attorneys and professional filmmakers, consisted of Lloyd Z. Remick, entertainment attorney and professor of law, Justin B.Wineburgh, entertainment attorney, and Valerie M. Robinson, a senior attorney for the city in the Intellectual Property Division. They were joined on the podium by working filmmakers Scott Currin, Daniel M. Kalai, Dave Mazzoni and Tom Mattera.

The crowd was peppered with several other attorneys, as evidenced by overstuffed briefcases and designer suits. Many creatives were in attendance as well, as evidenced by their lack of briefcases and designer suits. The post-seminar cocktail hour provided plenty of opportunity to meet and greet and possibly garner some legal opinions about ones concerns. We became quite a lively crowd with much animated discussion as the evening wore on. Some might say attorneys and artists make for an odd mix, but the general conviviality of the event belied that, and catering could not have been more appropriate to those two disciplines. Cocktail fare was provided by Bluecoat Gin and Feastivities Catering. What an opportunity.

So take this down, creatives. PVLA can be reached at www.pvla.org. You may e-mail them at info@pvla.org or phone 215.545.3385 x31. "But I throw pots in Manheim," you say, "I don't make films!" Well, think tax law for artists, intellectual property and the Internet, exhibition agreements or negotiating a contract. Things you may not have even considered before now could well prove to be a hornet's nest if not properly executed. This is not just for filmmakers by any means. Says PVLA Director of Legal Services, Dana Brajer, " We have over 600 attorneys in the area helping graphic artists, musicians, illustrators and authors" just to name a few. "And we can help in all areas of the law with the exception of personal injury and criminal law." There are three basic services offered that make up the bulk of their practice: 1) the Legal-Line, a one-time phone consultation about an arts-related issue; 2) ArtFax, a short document review, and 3) Full Service legal representation for qualified artist/clients. Additionally, PVLA provides several workshops a year that are open to all in the arts community: continuing legal education workshops, a tax workshop, and a business-savvy workshop. "Be on the look-out for something coming up in the fall," Brajer says. Their whole goal is to provide the arts community with a legal safety net of sorts so that the Delaware Valley flourishes as a pre-eminent cultural center.

If sleepless nights and pre-ulcerative conditions are things you don't mind playing Russian roulette with, then this tale is not for you. You've accomplished at least 40% of the requirements needed to succeed in the arts: you've got the constitution of a cement warhorse. Your even temperament is noteworthy. You are probably in a serene long-term relationship to boot. But if not, PVLA sits right there, at the ready, prepared to help. They're made to order.

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