Chris Jones Blog

'Ink' gets ripped and torrented...

I just got an email about a film called INK - many of you will have heard about it. Indeed, we recently interviewed the film makers for the upcoming Guerilla Film Makers Pocketbook. So the story this far is… just a few days before the big fanfare release in the USA, ‘Ink’, a US produced low budget, true home grown indie feature film, a kind if sci-fi fantasy epic, has appeared on various file sharing sites and has been downloaded several hundred thousand times. The upshot is, it has hit the number 16 spot on IMDB and film is pretty much on everyone’s radar. Not quite ‘Paranormal Activity’ yet, but certainly very, very visible.

In the cold light of day, this looks like a stunt (or rather tactic in a wider release strategy) by the film makers themselves as their film will undoubtedly benefit from the incredible exposure. Did they release the film themselves on bit-torrent? Did someone else do it? Of course I don’t know.

It doesn’t really matter either, as the movie being ripped and uploaded is for ‘Ink’ an inevitability. Once a film, album or other piece of media hits a certain saturation point, or interest in fans and consumers, it gains some momentum and will at some point appear on torrent sites. This is just a practical reality in 2009 and as we move into 2010.

The big question being asked, and there are entrenched camps on both sides (and indeed many who are simultaneously entrenched in BOTH camps…) IS PIRACY GOOD OR BAD FOR INDIE FILM MAKERS?

I was asked by Sherri Candler, Hollywood publicist, to post my thoughts as I had posted on this subject previously. I thought it would be a short one… alas!

First off, I don’t like the word piracy.

I don’t think it is an appropriate description in 2009 for the activity of file sharing. None of us are piracy free. Not even the squeaky cleanest of us. Even if you have to go back 20 years, I am sure there was a tape of that Led Zep album somewhere in your teenage past (or other such ‘illegal’ recording).

I don’t have an alternative phrase to piracy, but I think the word suits ‘big business’, ‘enforcement organisations’ and ‘governments’ and does not help the situation for anyone. It simply demonises. In fact, I find it a positively self righteous description.

Second. Piracy is here. It is not going away.

There is in fact no point in debating if it is good or bad for film makers. It’s like debating ‘is it good if it is sunny or rainy on the weekend of our release?’ It is a system, it needs managing where possible (choose June, choose September based on weather patterns?), but ultimately, it is both too large and random to manage IF your film reaches that magical critical mass point.

Of course, none of us want to lose control of our films. And that is not what I am saying. I am just pointing out that…‘when your film reaches a certain critical mass of exposure, it being ripped and shared becomes significantly more likely, and demonising people for this activity does not help anyone either control the exposure or monetise the results either…’

So what does it all mean?

Well in the case of ‘Ink’, I can’t help but feel that there is some excellent marketing going on. If you open a coffee shop in town, what do you do on your first day? Offer free coffee to your customers in the hope that tomorrow they will choose you over Starbucks, or that you will tell a friend, ‘hey those new guys serve great coffee, you should check ‘em out…’ Rule one of marketing is always, ‘the customer must know the product even exists.’ I suspect these guys will make a very serious killing out of the exposure. They will shift a pile of DVD’s (which I believe you can buy direct, so no middle man there), and they will also do well in global TV sales. All in all, I will be amazed if they don’t fully recoup and make a tidy profit. The mistake many of us could make is that we assume that our films will also work in the same way, and it could be that putting your film up on bit-torrent could kill it dead. It’s a numbers game, a timing game, a strategic game, and in some ways a genre game too (sci-fi / fantasy fans are harder core than others and will seek original material such as a signed DVD). For ‘Ink’, to my mind (and heck, remember I am risking nothing here so it’s easy for me to say), it makes a lot of sense.

But beyond ‘Ink’…? As I said in my previous blog, it’s quite clear. Consumers are fed up of being ‘sold’ something and then told it isn’t available just now… either in their town (cinema), country (DVD regioning) or preferred platform (DRM nonsense).

Create a demand and consumers will seek out that product. Again, don’t tell me it’s great, then tell me I can’t have it and then be surprised if I find a way to get it without your permission.

The current business fails because it seems unable, unwilling even, to pioneer simple and effective new distribution channels. Everywhere on the same day, and make it value for money!

Here’s what I want (and what I think others want too – and piracy will exist until we all bite the bullet on this).

Music albums on all of my devices with no staggered releases or DRM. And I want to pay a sensible price of, say $3

Movies on ALL of my devices, not just Apple TV or Sky, with no staggered release, and a sensible price of say $2 to watch it.

Charging more than a cup of coffee for a movie WILL encourage illegal copying.

It’s just human nature. And why not? Look at it from the consumer side. All the consumer sees of the film and music businesses are producers in fast cars, stars and artists making so much money they don’t know what to do with it, and they never ever hear about the majority of struggling and broke creatives who rely on a few sales to make ends meet.

Futher, I believe consumers will ask ‘why does a movie or album cost the same online a physical world disk? With online delivery there are no DVD’s to reproduce, no warehousing of stock, no delivery (sure there is data storage and delivery), so why is it still so expensive?’

Come to think of it, really, why the heck are movies and music SOOOO damn expensive?

Oh right, that would be all the middle men and companies who take the biggest slice for the least risk (it starts with an international sales agent, then the local distributor, then the sales outlet like Amazon or Apple), AND these entities always feed from the artists pie before handing back what they deem a reasonable slice. Look at a standard sales contract and astonishingly, it becomes very clear - when you sign your film, THEY OWN IT! And what do they do in return for you giving your film to them? In my experience, very little (though not always).

I chose not to do this with ‘Gone Fishing’ and held onto the world DVD rights myself, asking Derry at Network Ireland to sell TV rights and online. And I am delighted with Derry so far, as he has made some sales in a very tough environment. And he has also reported back to me in great detail and with simple clarity (the only nut we have failed to crack is iTunes, more on that in later posts).

So right now, we stuck between what once was, and what could be. The ‘once was’ being a few gatekeepers to distribution controlling what gets released around the world, and what ‘could be’, an open access platform where consumers can buy what they want, when they want it, with value for money, and enjoy on any device or platform with stunning quality. When we get to that place (and I hope it’s very soon), piracy will fade back into an underground world for fans and bootleggers interested in only obscure material.

So… if you are interested in ‘Ink’, you can download it, or you can shoot over to their website and buy a DVD - and if you can’t wait for the DVD to arrive, why not buy it now, feel good about supporting the film makers and know you will get all the extras on disk in a week or so, then download and watch it tonight? I think that serves both masters?

You can buy Ink here, and Gone Fishing here.

Onwards and upwards!

Chris Jones, Film Maker and Author

www.livingspirit.com
[email protected]

Patronus Protects DVD's from piracy...

I have just arrived at the Sedona Film Festival in Arizona, and will be letting you know how it akk goes...

On the flight over, I have been working on a feature for MovieScope magazine about piracy. It’s not going to be the usual ‘outrage at copyright theft’ and ‘how to stop pirates’ article, but a more holistic look at the current situation and how I feel we need to evolve as both corporate creators of material, as well as avid (and fundamentally honest) consumers. It’s shaping up to be a really fascinating perspective. Of course I am going to look at traditional ‘copy protection’ too, and below is an article about Gone Fishing that just appeared online on a professional video site called www.dvd-intelligence.com

Here’s the article.

Copy protection is for Oscar hopeful indies too

Protecting movie assets is not the preserve of Hollywood studios. Independent filmmakers may have a long shot at the Oscars, but they require no less protection of their investment as the big boys do, as Chris Jones, independent producer and author of books on independent filmmaking, has found out.

Copy protection is a crucial tool to help ensure that independent film producers receive the, albeit sometimes modest, monetary rewards for their efforts – helping them to enjoy some financial security while they pursue their next success and attempt to break into the big time.

Gone Fishing, Jones’ latest film did not make it to the top five Oscars nominees, but got shortlisted to the last ten – a huge achievement in itself considering this film was made from donations as little as £50. He has no intention of allowing Gone Fishing to be pirated like its predecessor.

Jones has been astonished at the attitude of those who believe it is their “right” to free access to film and music via illicit internet downloads and the like, as he explains: “A guy I was speaking to said that he had Urban Ghost Story (a film I made) and really liked it. I asked which DVD release it was, and he said, neither, he had downloaded it for free. Just plain came out and said it. I suggested he could now own his own legal copy and he seemed a little ‘stunned’ that I would be so direct with him. I didn’t push it.”

Jones protected Gone Fishing with Fortium Technologies’ ‘Patronus’ copy protection software after the manufacturer’s marketing director, Peter Worrall, read Jones’ blog lamenting the propensity for illegal downloads and piracy.

“I believe it is vital that everyone in the independent sector – from producers and directors to script-writers and disc duplicators – understands that copy protection can be simple and cost effective. Moreover, appropriate protection is another element which is vital to the success of each production and to ensuring we receive the financial rewards due to us. Indie producers must realise that copy protection is as important, and critically, as available to them as it is to the big studios.”

Worrall agrees: “The independent producer generally produces only short runs of DVDs at a time and there is a perception that copy protection is available only to the big studios with long replication runs. In fact this is not so; there are now plenty of facilities which offer a reliable level of copy protection as part of the short run duplication they offer to smaller clients.”

In the next dew days I will add to this perspective with an interesting look at how material is ‘re-used and remixed’, and ask, is this actually fair use or copyright infringement… The rabbit hole goes so much deeper!

Tomorrow... Sedona...!

Onwards and upwards!

Chris Jones, Film Maker and Author

www.livingspirit.com
[email protected]

Piracy and the complex problems we face...

After posting the video of the sales event at Memorabilia last week, I have had a lot of emails on the subject of piracy, copy protection etc. This was sparked by an event which I wrote this about…

A guy I was speaking to said that he had Urban Ghost Story (a film I made) and really liked it. I asked which DVD release it was, and he said, neither, he had downloaded it illegally. Just plain came out and said it. I suggested he could now own his own legal copy and he seemed a little ‘stunned’ that I would be so direct with him. I didn’t push it.

We all know piracy is going on, at an incredible scale too, but to own up to the film maker that they downloaded their film, and then be surprised when the film maker gently suggests they should buy a legal copy tells us a great deal about the state of things. People really do expect music and movies to be free. This leads us all into thinking, how can we better protect our work (or is it even possible)? Or more likely, how can we find new models that pay us to give the film away for free or nearly for free? Blimey.

I got a lot of mails about this, generally discussing the problems from various angles, but all sympathising with the problem we face – how do we make our money back if there is no way to protect that investment?

I did get one mail though, that I want to share. The person chose to remain anonymous. I have responded to the points throughout…

I think people often forget the advantages of illegal downloading. Movies and music do indeed cost money to watch and this will inevitably restrict casual observers with only a slight passing interest in renting or buying a film. With illegal downloading however there is a far greater possibility of said person 'discovering' your film as all they have to do is press a button and then bam its on their pc. Admittedly you will financially gain nothing but you will gain a fan and someone who will follow your future work. In turn there is a far greater chance that they will purchase your project (NOTE FROM CHRIS – can you back that up with some real and not just anecdotal evidence?). Surely the film industry must have picked up on this by now, the music industry definitely have (NOTE FROM CHRIS – Film industry? You assume I am inside some huge and wealthy cash making machine. I am not, I am a sole trader struggling to survive, as are 99% of all other film makers in the UK. Only a handful of lucky film makers are in a position to not care about piracy as they get a big fee upfront.)

I'd be interested to know if the person you describe in your blog bought a copy of Gone Fishing as a result of liking Urban Ghost Story (NOTE FROM CHRIS - No he didn’t)

It’s a shame that liking Urban Ghost Story is not satisfactory enough for you and that you feel you require some financial benefit (NOTE FROM CHRIS - sorry but that's just niave). Why do we make films if not for other people to enjoy them? (NOTE FROM CHRIS - Anyone who knows me understands that I am passionate about the audience, but its two way. If I the storyteller gives you something you like, you should reward the storyteller)

CHRIS RESPONDS - Sadly, the author of this comment declined to name themselves, which says a great deal. Of course I am delighted if people like my films, I just don't know what to say to unpaid investors, cast and crew about revenue that they should be seeing. And no he didn't buy a film, I suspect he will just find a download in due course. This is a very complex problem, and I am sad that you chose to stay anonymous. It only makes your words sound empty.

So let’s hope he chooses to respond to this.

I am not naive on this matter. I don't know a single person who does not, in one way or another, contribute to the problem. Be it ripped DVD's down the pub, borrowing copied DVD's off friends (hey it was on TV last night so it's OK isn't it?), downloading from bit torrent etc... And I really understand this. I can't help but feel that when CD's and DVD's were not 'rippable', they were so expensive that the consumer felt ripped off every time they bought something (can you remember paying £25 for a DVD? or £18 for a music CD with 29 mins of music on it?). And now it's all  'free' to download and copy, it's payback to some extent. Mark Morris, in a mail to me, put it very well…

Piracy has become a massive and controversial problem and is affecting our film and music industry. Seeing this from my point of view only and I'm open to being corrected.

The trouble is the internet has changed everything! No one seems to know much about copyright rules, except where it applies to new films and music.

Everywhere on the net infringements take place on you tube my space as examples..
This is creating huge grey areas that opens it up for crooks.

People are already accustomed to having video recorders and can record and play back anything shown on TV Show their friends and family.. All recorders by nature break copyright. Should it be an unwritten rule that once sold to national TV then the public can record and watch it? As has always been the case? Should national TV pay extra then? If the public download something should they be blamed? Or is that down to the website acting illegally?

None of this makes much sense. You could record in digital from the radio any track you want and yet this is legal? But not so if you download from the net?

My instinct is the public should not be blamed but those who supply it simply because by blaming the public you alienate them and actually you cant stop them. At least not presently. The second thing is clear guidelines regarding older works that have been shown nationally should be drawn up that allows people to copy for their own use but not to download copies on a computer. The problem is many think well if I can record a copy from a recorder then why not from the net? The distinction being one person recording at home is a bit different to a download site flogging cheaply someones work. This needs to be highlighted boldly that its the same as buying stolen goods.

At the moment the crooks are having a field day thanks to the muddled confusion and lack of clear rules.

So how can we protect our movies on DVD, those of us who are burning disks at home and sending out? I was contact by a guy from a company called Fortium, who have a copy protection system for small volume users, called Patronus. You buy a dongle from them which you top up with ‘burns’. Each disk burned then costs a small fee (you can also buy a DVD burner tower form them). They have a deal with the IOV for instance, and you can see the details here…

You can also read about just how Patronus works here… They also have a great copy protection PDF FAQ which you can read here .

We are going to do a trail with the guys on some Gone Fishing DVD’s, to see just how it works. I will let you know our progress.

A few other notes. Next week I am going to the Bahamas Film Festival and hope to bring you some video blogs. We are also playing in the Anchorage Film Festival and the Barbados Film Festival!

Also, David Bowen was also kind enough to list Gone Fishing on his Present Gift Ideas site… you can take a peek here…

And tonight, it's the British Independant Film Wards! Yeeehhhaaaaar!

Onwards and upwards!

Chris Jones, Film Maker and Author

www.livingspirit.com
[email protected]