How to Clear Footage Like a Rockstar

To kick off our monthly series featuring expert advice from professionals in the footage/production community, we asked David Peck, President of Reelin' in the Years Productions (RITY), the world's largest library of music footage and the exclusive representative of all footage from the Merv Griffin Show, to walk us through the basic steps involved in licensing entertainment and performance related footage.
 
"Probably the most important thing to keep in mind when working with a company like Reelin' in the Years," said Peck, "is that while we control the copyright to the footage in our collections, we typically do not hold the underlying rights, such as the rights to the performer's image and likeness."  
  
Which means that before using a clip from Reelin' in the Years of the Rolling Stones performing "Satisfaction" from a 1965 appearance on German TV, users will need to obtain clearances from, and often pay licenses fees to, a variety of other entities, such as music publishers, record companies, unions and directors and, of course, the band members themselves.   
 
"I can't tell you how many times people ask us with a straight face if we control the image and likeness to the Stones or other huge bands," Peck says with a chuckle. "To which I respond 'If we had the rights to the image and likeness of The Rolling Stones, I wouldn't be answering the phone.'" 
 
And there are many critical nuances to consider as well, according to Peck. For example, if the song was lip-synced during the performance or if any part of the audio from the original recording was used in the performance, then a clearance from the record label would be necessary. Alternatively, if the song was performed live then the rights to the live recording would be owned by Reelin' as part of their rights to the footage.
 
Performers tend to maintain close control of their image and likeness, so clearing these rights generally means reaching out directly to the individual performer, the performer's management or the performer's estate if he/she has passed away. 
 
Some bands and performers pose special challenges, according to Peck. For example, when trying to license footage of the Beatles, producers will need to approach Apple Records, who will then seek permission directly from Paul McCartney, Ringo Starr, Yoko Ono (John Lennon's widow) and Olivia Harrison (George Harrison's widow) who are all very protective of the Beatles legacy and how their image is used. 
  
And it's important to note that when you receive a license from RITY (or most other rights-managed footage houses) that you are 100% responsible for clearing all of these additional rights and will be required to hold the footage holder harmless from any and all legal issues that may arise from your failure to clear those rights, according to Peck. 
 
Sound complicated? It is. Consequently, Peck and his team at RITY always recommend working with an experienced clearance professional like Cathy Carapella (at Global ImageWorks) or Chris Robertson (at Diamond Time). "They are truly the best in the clearance business," said Peck. "I've used them for every single DVD I've released and not only are they the quickest I've seen but their decades of experience has allowed them to work through very difficult situations."  
   
"In the hands of a professional this work is not always difficult but it does take a lot of patience and experience to do it right," said Peck. "Artists and their representatives move at their own pace and are rarely concerned with a producer's deadline." 
  
Peck also takes pains to remind clients that while he has years of experience in the footage licensing and production business, he isn't a lawyer, and recommends that producers always seek the advice of a copyright or entertainment attorney when attempting to license entertainment and performance related footage.  
 
"In my experience, clearance is a very specialized field so don't try to do it yourself," said Peck. "If you only take one thing away from my comments then please pay the money and get it done right because you don't want clearance issues to bite you later."   

Insights on the Art of Archival Production from Tom Jennings, Documentary Filmmaker

Tom Jennings, a multi-award-winning documentary filmmaker and journalist, has written, produced and directed more than 400 hours of programming for networks including CBS, Discovery Channel, National Geographic Channel, Investigation Discovery, and The History Channel. Tom's work runs the gamut of subject matter, from politics and religion to history, crime, sports, mystery and travel, and he has extensive experience with archival production. His most recent film, The Fidel Castro Tapes, premiered on PBS on September 2, 2014. We recently spoke with Tom about the archival filmmaking process. 

Footage.net: Your latest film is The Fidel Castro Tapes. How did this project get started? 

Tom Jennings: The project was suggested to me by Hamish Mykura, the head of National Geographic International. Haymish very much liked our style of doing films with no narration and no interviews -- using only the media available at the time of the event to tell the story. We had done a similar film for National Geographic U.S. about the assassination of President John F. Kennedy. Hamish had been thinking about doing a project about Fidel Castro. When he and I met at the MIPCOM conference in Cannes, France, he asked if we could do the same with Castro. That's how it started. 

FN: Your films bring a great sense of immediacy to historical narratives. How do you achieve this effect? 

TJ: We don't use a narrator or interviews in almost all of our archive-driven films. So there's no "looking back" to explain to viewers what happened. Instead, everything we use is in present tense -- from the time in which the story is told. That gives our films the sense that these things are happening right now. It's an interactive experience, instead of images just bouncing off people's eyes. I like to describe our films this way -- the audience starts watching and they are waiting for the narrator to come in and "save them." But the narrator never shows up. Once they realize that they are part of the experience of the story, instead of having the story told to them, we've got them.

FN: What do you want the viewer to take away from the experience of seeing your film? 

TJ: I want people to feel like they have just lived through the event -- and to realize that if they thought they knew the story, they really didn't. For our film about the assassination of Dr. Martin Luther King, we used only footage taken from the local stations -- no national coverage. We didn't have Dan Rather or Walter Cronkite on screen. Instead we had only local reporters who followed the story. For viewers, I like to describe this film as if they are sitting in their living rooms in Memphis in 1968, flipping channels, and having the story unfold before them in real time.

FN: How critical is the storytelling element to you when you are making these films? 

TJ: Without a good storytelling point of view, an archival film is sunk -- it will never work. I've seen some other archive-based films that wind up feeling like clip shows -- where one clip is attached to another in attempt to make a story out of something. If you dig deep enough, there are always more than enough images (footage, audio, police recordings, photos, etc.) to bring a story to life. Our goal is wherever possible not use any images that are familiar to an event. That's how you make the story feel fresh, and it gives us the opportunity to make the story feel brand new. That's key.

FN: Can archival footage be an impediment to creativity?

TJ: Not at all. I think archival footage is another tool to pull from the creativity toolbox. Not every film we make using archival images uses only archival images. When we're approaching a program my team will look at the story and step back to get perspective -- what is out there that we can use and what do we need to create ourselves to help tell the story. If a producer has a story to tell and the network wants to use archival footage it should be a help to creativity because you're starting from the actual images for inspiration.

FN: Is there a bias against archival films on the part of networks, and if so, how do you overcome it?

TJ: Absolutely. I believe many networks are afraid of archival footage -- that their viewers will think they are watching something "old" and therefore not relevant. And if you're showing black-and-white images it's really a struggle. Certain networks will simply not go for shows that have a lot of black and white -- even though those images can be some of the most awe-inspiring ones to watch. For me, archival images can be used as a type of art. We create a story combining as many media elements as possible. By doing this, we believe we get the viewers past the idea that their watching a show filled with archival images. Instead, they're watching a well-crafted film. We edit our images in a way that feels more modern -- a bit quicker paced, more surprises. I used to tell networks that a story using archival film was something "that people should know about." It turns out the best way to convince them to put something on the air is to let them know that we have discovered images from a familiar event that no one has ever seen before.

FN: So discovering a new source of footage is critical to your filmmaking? 

TJ: It's very critical - not just to make a sale, but for me to be excited about the project. When you tell a network you've found something no one has seen before, they get excited. You have to remember their needs. They want to set this program apart from others that may have been done about the topic. For them, it's a marketing tool -- we have something new. For me, it's being able to see something that I think is familiar through new eyes. That's a major part of making these films feel special. 
 
We do documentaries for television and because of that we have to make sure our projects are as compelling as anything else on TV -- after all everyone wants good ratings.  I think some producers stay away from archive because they haven't figured out a way to make it feel compelling.  It's easier to do a re-enactment and get the exact scene you want instead of figuring out how to use the real images.  

FN: You seem to be able unearth some amazing source material. Are you constantly scouting for new footage sources? Do people come to you at this point with leads? 

TJ: I wish people would come to me with leads! There have been a few instances of people looking us up and talking about some images they have or know of, but they're usually not thinking about how to make a story out of them. For me and my team, we're always on the lookout. Always. My staff knows my passion for this kind of storytelling -- and it's rubbed off on them. You never know where you will find it. But we're always keeping channels open. For example, if we work with an archive house on a project I will always ask their researchers, "what else have you got." Those are the point people who deal with archival footage all day. Once they know how we tell stories, they can tell us about their favorite treasure troves. In my first career, I was an investigative journalist, so the "hunt" comes easy to me and it's a lot of fun. It may sound funny, but I'll sometimes ask myself -- if I were footage of this event, where would I be? 

FN: Was there a big "eureka" moment in the Castro film where you found a really special shot? 

TJ: There was a big eureka moment -- and I wound up not being able to use it! We had discovered a lot of rare footage from Castro's revolution, including interviews with American journalists in the months following his takeover. I think we found every frame of Castro speaking English, which he did quite well back then. And then I found his first interview... with Ed Sullivan, the variety show host. I fell in love with the footage, which is always a bad thing. It turned out that Ed Sullivan footage is very expensive -- it's a premium fee from the network. And we most likely would have had to pay the Sullivan estate as well. My researchers had to convince me that using the 30 seconds of Sullivan footage would eat up 25 percent of the footage budget. So, unfortunately, my eureka moment was left on the cutting room floor.

FN: Much has improved in the world of footage archives over the last few years. That said, I am sure there are still some pretty big obstacle when working with archives. Can you talk a little bit about what has gotten better and what has not, or maybe what has gotten worse? 

TJ: There is so much more footage available to view online. It's great to go to a website and start looking at clip after clip. However, there is a danger to fall into the same trap that producers have before. We see a clip, we like it, we buy it, put it in our film and move on -- forgetting that the clip came from a reel with a lot more footage on it. It would be impossible for archive facilities to digitize everything. So you always have to ask, "where did that clip come from? Is there more?"

FN: What is the biggest challenge in this sort of filmmaking? 

TJ: Getting the rights. It's so easy to find clips online -- my researchers have made me swear-off looking at Youtube. The biggest challenge is not falling in love with footage before you know it can be cleared. My clearance researcher, Liza Maddrey, is the best at making sure every image that goes into our shows is cleared to the point that they can never be questioned. It's extremely critical that producers have someone like Liza looking over their shoulders. Some people may want to rely on "Fair Use" to use images they can't afford or get rights to, but we choose not to go that way. When we complete a project we want to know that we will never be questioned about use of footage.

FN: What's next for you?

TJ: We're going to be doing something on the Atomic Age and a film about the serial killer Ted Bundy. That's what I love about doing these programs.  Life is never dull. 

Getting Started with 4K Footage

With roughly four times the pixels of standard HD footage (8.3 million versus 2 million), 4K footage offers remarkable sharpness, a great sense of depth and a much subtler color range. As 4K is quickly becoming commonplace in the footage business, we thought we'd ask a group of experts, including Carol Martin of FootageBank, Sterling Zunbrunn of Nature Footage and Peter Carstens of Framepool, to weigh in on the ins and outs of working with this exciting format.

Footage.net: What are the two or three most critical things a client needs to know about obtaining and using 4K stock footage?

Carol Martin: Size, size and size.  The large file sizes have an impact on storage space needed, delivery options and viewability.  Assuming a high-end codec is being used to preserve as much data as possible, the files will be cumbersome in many ways.  Whatever editing system is being used, a lightning fast processor will be needed to view the clips, storage space will burn up at roughly three to four times the rate of HD, and files are generally too large to transfer over the internet. 
 
Sterling Zumbrunn: 4K has to be seen to be believed. Once you move past screens that are 70 inches or larger, the differences are unmistakable. The additional resolution is a massive leap forward over HD. That said, 4K takes serious computing horsepower to work with. Even just viewing 4K footage at full resolution requires a computer with a fast processor and strong graphics card.

Peter Carstens: The client should consider if a 4K format is needed indeed, or is it just a trend or something he has heard of. The 4K shots can also be delivered in 1920x1080. The client also needs to consider higher production/editing costs, longer download times for master footage, and huge file sizes which are not easy to handle or to view.

FN: Given the dauntingly large file sizes, how do you deliver 4K footage to clients?

Carol Martin: Hard drive transfers are preferred.  One to two small files can also fit on a Data DVD.

Sterling Zumbrunn: We deliver 4K+ files to our clients via our FTP server, but the files are so large that the speeds available are not adequate for transferring media in a reasonable timeframe. For this reason, we have invested in Aspera technology, which allows for peer-to-peer transfers using nearly 100% of available bandwidth. This is going to make it easier for our contributors to submit their 4K+ files, and it will deliver a better experience to our clients accessing their purchased clips.

Peter Carstens: Most shots are delivered via FTP like all other footage. Growing Internet speeds (and possible compression formats) make this possible. So far, we're able to provide 4K to the remote places of the world. In specific cases, and if the amount of shots exceed somebody's download possibilities and patience (since it would have to be done overnight, or even longer), 4K footage is delivered on hard drives.
  
FN: Is all 4K footage the same or are some versions of 4K better than others? 
CM: As with any video format, codec is key to quality.  A 4K file in the H.264 codec, for example, may have the aspect ratio of 4K but not an acceptable resolution for some end users.  The cameras that capture with the least compression create the largest but highest resolution files.

Sterling Zumbrunn: There is a big difference among various 4K cameras. Consumer cameras such as the GoPro or the new Panasonic GH4 capture footage in a highly compressed format that is not optimal for many of our clients' needs. Further, the GoPro only captures at 15 frames per second, so the clips must be sped up. It's not a serious solution for 4K capture. The industry has gravitated toward the RED workflow, and nearly all of our clients request RED R3D RAW files when they are available. The advantages of starting with a raw file are numerous, as it offers colorists incredible flexibility for matching the look of their production while maintaining maximum quality. The RED DRAGON promises to deliver the best quality yet at 6K resolution, which is an astonishing 19 Megapixels per frame. Clients working on IMAX features and other large format film projects are excited about the additional resolution.

Peter Carstens: While people talk in common about 4K, the 4K standard image sizes for cinema and consumer TV (UHDTV) vary. Various clients have been asking for 4K in different sizes, but sometimes it was just a mistake since people still have to adjust to the new high-end format. The final 4K format to be delivered depends on the production type or depends on what the producer wants to achieve. Important is not only the size, but the technical recording parameters and technology. 

FN: Is demand increasing for 4K?

Carol Martin: The demand for 4K is steadily increasing.  Just like television was protecting for future HD delivery fifteen to twenty years ago by preferring access to film elements, many productions are currently protecting for future 2K and 4K delivery by accessing those formats when possible, even if the end product is not currently being delivered in 4K.

Sterling Zumbrunn: Demand is quickly increasing for 4K+, among all sorts of clients. We are in the process of re-acquiring all of our subjects in 4K. It's a great opportunity for cinematographers to re-shoot existing content.

Peter Carstens: Yes, with 4K TV prices falling, the consumers constantly wanting to have better picture quality, and channels now creating 4K VOD outlets, the demand for 4K is growing quickly. In order not to miss out in the future distribution of their productions, producers adapt to high end formats if costs are feasible.

FN: What kinds of clients are asking for 4K?

Carol Martin: Primarily feature films are asking for 4K.  Secondarily, venues such as museums have embraced the format for its ability to stun the viewer in an educational setting.  Some aesthetically higher-end television shows are currently being produced in 4K and some television shows which have proved hugely popular are using 4K for archiving reasons, even though neither are being broadcast in 4K yet.

Sterling Zumbrunn: All kinds of clients are asking for 4K. Theatrical clients always want 4K to deliver maximum on-screen quality. But even broadcast clients want to future-proof their productions in the event that they have the opportunity to repurpose it. We are also seeing growing demand from businesses and consumers that want to feature 4K displays for video decor.

Peter Carstens: Movie productions (cinema) and shots for CGI/VFX work, but also often TV movies, and high end corporate productions, as well some commercials.

How To: Negotiate with Footage Archives and Get the Rights You Need

For the second installment in our regular series featuring expert advice from professionals in the footage/production community, we asked our friends at Global ImageWorks, Jessica Berman-Bogdan and Cathy Carapella,  for some tips on negotiating with footage archives and getting the rights your need. As leaders in both footage licensing and footage research & clearance, Jessica and Cathy are in a unique position to offer insights on this fundamental step in the footage acquisition process.

Footage.net: What would you tell someone who has never licensed footage before? 

Global ImageWorks: The best way to negotiate with a footage archive and get the rights you need is for you to know what you need and what you can afford before you approach the archive. If you're a knowledgeable consumer of archival & stock footage, the licensing process will be smooth and straightforward. If you jump into the process without any forethought, information or knowledge, your experience will be less favorable. In 2014 the footage and moving imagery eco-system offers something for everyone at price points that did not exist a decade ago. Do your homework. If you truly have no money, explore the world of microstock and find sources that will license footage for a few dollars. Don't expect to get the money shot, when you have no money.  

FN: What role do rights play in setting a price? 

GIW: When calculating an appropriate licensing fee, the Grant of Rights (GOR) can account for 50% or more of the equation and, typically, the broader the GOR, the higher the license fee. The type of footage you're licensing and how you plan to incorporate the footage into the new work are also key factors. Often the more unique, one-of-a-kind footage will be licensed for a higher fee.

FN: What are the key components of a rights grant? 

GIW: The key components of the rights grant are term, territory and media. The tricky part is defining the "media." At Global ImageWorks, we look at how and where the new work is being viewed or consumed as opposed to the technology that delivers the program. 

FN: Is there a fairly standard set of terms used in the archive business to refer to specific rights or does each archive have its own vocabulary? 

GIW: The language used in the footage-licensing field has become more or less standardized over the past 5 to 7 years. Spend an hour or so on a few different archives' websites and you can learn the terminology of the trade. If you're consistent with your requests, you'll increase the likelihood of producing consistent results.

FN: How do you figure out which rights you need?

GIW: The primary GOR should run parallel to your known distribution. Secondary, more speculative distribution options can be negotiated up front and then exercised at a later time. If you know where the program will air, tell the archive. You never know, you may qualify for a preferred rate that has been pre-negotiated by a broadcaster.

FN: Do all producers want All Media Rights? 

GIW: While footage is licensed by a variety of users who do not request or require broad rights (like museums, corporate videos, educational institutions, public location), most producers of consumer-based programs do ask for all media, worldwide, in perpetuity. Usually, this broad grant of rights is required by broadcasters or distributors. 

FN: How critical is it to clear All Media rights up front?

GIW: It's certainly preferable all around to secure all the required rights up front. Securing all rights up front rather than building in multiple step-up options will usually get you a better overall rate. However, it's not always affordable or feasible to do this, especially if there is no distribution mechanism in place.

FN: What if you can't afford All Media rights?

GIW: If you can't afford to secure all rights up front, it's advisable to discuss licensing options with an archive and have these options included as possible upgrades in the licensing agreement. Options usually have some type of time limitation as to when they can be exercised. It's also helpful to know the costs you'll need to pay to secure additional rights when negotiating with distributors. Narrowing the GOR is another good cost control option. In our experience, oftentimes clients really don't need "theatrical rights," for example. Overall, if you're not required to deliver this broad rights package or if the budget isn't there, don't ask for rights you really don't need. 

FN: What if you need to come back at some later date to clear more rights? Are most archives willing to work with you on this? 

GIW: Most archives are quite pleased when you come back and are willing to negotiate additional licensing fees in good faith. 

FN: Generally speaking, are archives willing to provide the rights you need or are there specific rights or categories of rights that are difficult to clear? 

GIW: Footage archives will almost always grant broad rights if you have the budget to acquire them. If there are complicated third party rights or restricted rights, a license agreement might indicate that you will be required to clear such third party rights as required or necessary.

FN: Are the archives willing to negotiate on price?

GIW: Absolutely! Most archives want to have their footage licensed and want to support the production community. Archives can be flexible but only to a point. Keep in mind there's a range within which archives can operate. If you're outside that range, you need to be able to justify why you should get a reduced fee. 

FN: How do you generally initiate a conversation about price?

GIW: Before the conversation even begins, educate yourself. Visit the archive's website. Don't begin by saying you have no budget. Know what footage they have and how they charge and if the archive has what you want within a price range you can possibly afford. Fill out the archive's request form or send a thorough request. Both parties need to have the same primary information in front of them when they begin the negotiation.

FN: Should you talk about your budget?

GIW: Yes. The requestor is equally responsible for driving the money talks. Know what you want, know what you have to spend and know when you need it. If an archive asks you to recommend a fee - do so thoughtfully. We, at Global ImageWorks, want to make our clients happy with the licensing fees as well as with our footage. If your offer is reasonable and doable, we will accept the offer and move quickly to close the deal.

FN: Is it a good idea to focus your order on one archive? 

GIW: Volume is definitely one way to bring down your costs. 

FN: Are there some best practices you would recommend adopting that tend to lead to better deal making?

GIW: Plan your footage use, costs and schedule in pre-production. Do good research; know who has what content, know what fees to expect and be aware of the other costs you might encounter (i.e. screeners & masters). Know about possible third party rights that will require additional consideration (i.e. music, talent, guilds & unions). Put a plan together for dealing with these in pre-production. Trying to figure this out towards the end of the project can be very stressful. Know that the "best" deal is not always the one with the lowest fee. Consider consulting with or hiring a professional footage researcher or clearance professional.