Stand Up for the Rights of the Creator By Scott Shaw

By Scott Shaw

            I was teaching one of my classes on filmmaking earlier today. As the class only meets once a week, I try to keep the student very active in actual film creation so I generally give them an assignment to make a short film for each class session. This week’s assignment was to do a visual biographical piece. One of my students did, what so many people have done before, was to intermingle footage of his life with footage from very famous films. The short had him talking to various characters from various films. This is always a fun presentation as you get to peer into the mind of the person and view how they see themselves in association with life. It was a good piece.

            After his presentation, he asked if I thought he should upload it to his YouTube page. I said he could but he may run into copyright problems.

            Now, for anyone who knows me understands, I am an avid proponent of Intellectual Property Rights. If somebody made something they are the only one who owns it and other people can only use it if they are given permission. 

            But, more than that… Each person should have the moral dignity to ask the creator of a, “Something,” if they can use all or part of it. Maybe the creator will say, “Yes.” Maybe the creator will say, “No.” But, every person who wants to tap into the creation of another person’s creativity should have the honor to ask if they can use it. That is just the right moral code of life. And, that is what I explained to my students.

            Now, not everyone who infringes on another person's copyright gets sued. It's expensive and it's time consuming. Not every copyright infraction is reported to the FBI. So, some people get away with it. But, should they?

            Have you ever asked the creator of a project, that you have stolen all are part of or have downloaded it for free from an illegal offshore website, how they feel about what you have done? If you haven’t, what does that say about you? And, as I always state, if you were the one creating the something that is being stolen I am certain you would have a very different opinion about what is taking place than you being the thief.

            Many people do not personally create books, movies, music, or art. But, they like it. So, they want to view it. But, have you ever had somebody steal your bike, your car, your wallet, or break into your house. If you have experienced that feeling then you will know what the artist goes through when their creation has been stolen.

            Okay… Okay… I won’t go off here… :-) But, as you can plainly see, I am really against people stealing other people’s creations.

            What I always suggest (like I did to my class) is be more than the thieves. Stand up for the rights of the creator. Understand that it took their creative vision, their time, their money, their mental focus, and their undaunted dedication to make that piece of art.  Don’t steal it!

Copyright © 2017 – All Rights Reserved

 

Originally the Scott Shaw Zen Blog

Stand Up for the Rights of the Creator @ Scott Shaw.com 

Scott Shaw Zen Filmmaking

 

Zen Filmmaking: The Good, The Bad, and The People That Don’t Know What the F**k They’re Talking About By Scott Shaw

By Scott Shaw

            Ever since the inception of Zen Filmmaking, that was heralded with the release of The Roller Blade Seven, people have contacted me about my method of filmmaking. In the early days, it was largely via letters but soon after that everybody climbed onto the internet and then everybody had a lot to say.

            There have been a lot of people, over the years, who have actually contacted me and questioned, how do I do what I do. Those are the people I respect. Love my films or hate my films, they are the ones who cared enough to ask me what was actually going on. They came to the source and inquired. And, going to the source is the only way to gain true knowledge.

            Some of these people contacted me because they wanted to follow the path of Zen Filmmaking. That’s great! Make it your own…

            Early in my filmmaking career, (which you have to keep in mind did not begin until I was thirty-two years old so I had a lot of life-experience prior to that), I also began to see people coming to conclusions about what I did, how I did it, and why I did it. These discourses where then mostly entered into magazines that discussed the low budget, no budget, and cult level of filmmaking. In some cases, they got it right. But, in many, (in fact most), cases they were simply wrong. Yet, these people had a pulpit and from that pulpit they broadcasted their thoughts about Zen Filmmaking, Zen Films, and me out to the world.   

            As a professional researcher, I always found this method to be suspect, as these people were simply discussing their feelings that were not based in fact. Yet, they were presenting their opinions, observations, and speculations as if they were fact. This is truly the wrong way to put forward information to the world and this mindset is what has given birth to the whole culture of, “Fake News,” we are currently living within—as from these inaccurate depictions further counterfactual statements and misunderstandings are given birth to. People heard, “This,” and, thus, they believed, “That.” But, it is all based on bullshit. It is all based on somebody putting what they think they know out there but they do not have the true facts as they have not done any actual research. I know… I get it… Research is hard to do. It is time-consuming and it often costs money. It is so much easier to just read or hear something and then believe what you want to believe. But, the fact is, if you want to know the truth about a subject, (any subject), research is the only way to arrive at a factual and valid conclusion. And, you must enter into any research gathering with an open mind and not use it as simply a way to justify what you think you already know.

            Personally, in virtually all of the aforementioned cases, I found the discourses to be amusing. But, that’s just who I am. I easily poke fun at myself. If they weren’t flat out defamatory lies or someone making money off of one of my creations when they had no responsibility for its actualization, I was good.

            On the larger scale, I have always wondered why do people do this? Why do people want to spread their feelings about something or someone and, moreover, why do they want to transmit something out to the world when what they are saying is not based in fact but is solely based upon personal opinion, second-hand knowledge, and/or speculation? Sure, I understand, most people like something or someone for some nondescript reason but that reason is generally based upon them not possessing a true understanding about anything. Thus, what does that reason for like or dislike truly mean? Do you ever think about that when you form your opinions and from your opinions make your judgments which leads to your statements?

            As Zen Filmmaking is a defined form of filmmaking, many people have also taken aim at the craft. They have taken aim at it but all they know about it is that in Zen Filmmaking we do not use a script.  But, there is a lot more to it than that. And no, Zen Filmmaking is not just about showing up somewhere and seeing what happens next. So, if you’ve heard that, if you’ve believed that, if you’ve rebroadcast that, YOU ARE WRONG!

            Also, there have been a lot of people who have seen Roller Blade Seven or some clips from it and decided that was the epitome of Zen Filmmaking and all of my films are just like RB7. The fact is, a lot of people don’t get what Donald G. Jackson and I were trying to do with The Roller Blade Seven and they hate it. I get it! That movie is weird! If you don’t like weird movies you probably will hate it. But, think about this, we made that movie over twenty-five years ago—whatever you think about it: love it or hate; we did something right because people are still discussing it.

            On a more personal note, occasionally I have seen some people say, “Scott Shaw makes shitty movies,” and stuff like that. Okay… That’s what you think… But, how many of my movies have you actually seen? Many people make this comment after only seeing maybe Roller Blade Seven or Max Hell Frog Warrior. I have made a lot of movies! Honestly, how many of them have you seen? Have you seen any of my documentaries? Have you seen any of my music videos? Have you followed my filmmaking evolution and watched any of my Non-Narrative Zen Films, my Zen Film Art Captures, my Zen Film Movies in the Moment, or my Zen Film Mind Rides?  If you haven’t, then you have no idea what I’m doing. Moreover, if you have not read my written words on the subject of filmmaking, if you have not seen my interviews, if you have not met me, again, you are basing your opinion on a preconceived notion that you have no factual bases to possess. Love my movies, hate my movies, I get it… But, if you haven’t seen my films, if you don’t know my philosophy about filmmaking, if you have not actually spoken to me, then how can you judge anything?

            And, this goes to the whole point of this piece… Sure, you’re just a screen name out there in the nowhere of cyberspace. You will never have to pay for your cyber crimes. But, no matter what moniker you use, you should be whole enough to know the facts about what you’re talking about before you ever spew your misunderstandings out to the world. In other words, BE MORE. For me, that is the key to life. That is how the people who have truly excelled and made a contribution to the world have done it.  Care enough to care. Learn the true facts. Go to the source and ask before you speak. Be more than someone who talks about someone else, go out there and create your own something.

Copyright © 2017 – All Rights Reserved

Zen Filmmaking: The Good, The Bad, and The People That Don’t Know What the F**k They’re Talking About @ Scott Shaw.com

Scott Shaw Zen Filmmaking

Film Distribution: Understanding the Rights and the Rules By Scott Shaw

By Scott Shaw

            As a filmmaking who has created a large number of feature films and has written about the subject of filmmaking quite frequently, I am often either asked about film distribution or confronted with the fact that someone is illegally distributing one of my films via the internet. To the average film watching individual, they may never even question where, why, or how they are receiving the film they are watching. In fact, in many cases, they do not even care. But, to the filmmaker, this subject matters as illegal distribution truly robs the income of a film’s creator.

            Again, as a filmmaker, having created a lot of films, I am also frequently contacting by people who want to distribute a film that I own the rights to. I appreciate those people who have the honor and the business prowess to realize that they must first legally obtain the rights to a film before they can sell it. Therefore, this piece is geared towards those individuals, as well, as they understand and appreciate that to legally distribute a film, without any worry of legal repercussions, they must obtain the assigned rights.

            To begin, it must be stated, in this age of the internet, all rules have gone out the window. This was first illustrated by Napster in association with the music industry. But, Napster was a company with a name and a location. Though the owner did encounter legal objections to what he was doing, he was a person and there was a place. Thus, it all played out in front of a judge. In many cases, however, the person who grabs another person’s film to distribute is either a non-existence entity or a business located in some country where copyright laws are not enforced. Moreover, they are a person who does not care about the repercussions on the filmmaker. I would say, “This is wrong and a person should not behave in that manner,” but I am sure that statement would fall to deaf ears as a person who follows the path of illegal film distribution only cares about themselves and the money they are making.

            This also is an important fact to keep in mind if you are one of those people who scours the internet to find a movie for free. The people who are offering those movies did not create that movie—they did not pay to have that film created, yet, they have stolen it from some source and are offering it to the world.  Many sites claim they are free but they are never free. If they were not making money, they would not be in existence. Thus, that film thief is making money off of another person’s creation and another individual’s financial outlay. This, in and of itself, should make you think about where you get your movies. But again, I imagine, to the uncaring individual, all they care about is watching a film they want to watch. But, you should be more than that and think before you watch.

            Okay, with all of the foreboding forewarnings out of the way, let’s get down to the business of film distribution… A person comes up with an idea for a movie. They create the movie. Who owns the rights to that movie?

            This question is both simple and complicated. For if a person comes up with a movie idea and then creates that movie with their own money, they own all the rights. But, if a person seeks money from an investor, depending on the contract, there can be more than one person who owns the rights to that film. This is why contracts are essentially important during the creation of any film as it defines whom owns what—whether this is by percentage or partial or whole ownership.  I have seen many a filmmaker begin a film, run out of money from one investor, and then turn to another financier. From this, ownership becomes very convoluted if everyone involved was not present and in agreement every step of the way. This has caused many a completed movie to be lost from distribution as the legal implications of ownership are so convoluted.

            Therefore, to a film’s creator, be very conscious of whom you bring into your production and be very precise of any contractual agreements you enter into as it can truly affect your ability to distribute your film. 

            This brings us to the subject of formal film distribution. You have created a film; how do you get it out the viewing audience? First of all, it is important to look at the times gone past.

            There used to be only one way to get your film out to the viewing public and that was via a film distributor. What a filmmaker would do was to get a copy of their completed movie out to the various distributors and then make a deal with the distributor that offered them the most upfront money.

            In no uncertain terms, film distributors have always been notorious creatures. In times gone past, they would at least pay you for your film upfront. From this, at least some of the financial outlay would be repaid.  But, that would generally be it. Though you very possibly would have a contract promising you a percentage of the film’s sales, receiving a penny was virtually impossible. It fact, many times a distributor would give the filmmaker a, “Charge back,” claiming that the filmmaker owed them money for distributing their movie. As most filmmaker, (especially independent filmmakers), do not have the finances to employee savvy legal representation, the distributor would simply keep all the profits.

            As first the video age and then the digital age came upon us, and everybody became a filmmaker, distributors ran away with this. As there was so many films being offered, they no longer had to pay the filmmaker anything upfront to represent a movie. I cannot tell you how many filmmakers I know (including myself) that have made a movie, witness it be released on VHS, DVD, and offered via established download and streaming services, and have never made a dime. Yes, they were promised money but they never saw anything. The distributor obviously kept all the money. For the most part, distributors are snakes. So, if you are a filmmaker and are lost in the dream of making millions from of your film, and you give it to a distributor, think again.

            Today, there are so many services where you can distribute your own movie and get it out there without employing a formal distributor—for the indie filmmaker that is absolutely the best way to go if you hope to make any money from your movie. CreateSpace and Amazon Direct are currently two of the best options. You can monitor sales in real time and they pay you at the end of every month.

            Now, to the modern distributors… I have encountered both the unscrupulous and the honorable distributor who have crossed my path. I have watched as some people have attempted to just take a movie that they liked as a teenager and believed it was out of print so they digitized it and released it. From this, they got sued big time.

            It is essential to note that just because a movie does not have current distribution does not mean that the title is not owned by somebody.  If it is owned by somebody, they own all the rights to that title. Maybe, they simply no longer want it to be in formal distribution. Maybe there are other factors attached. But, these are all factors that a distributor who just grabs an old VHS and runs it through their computer cannot know or understand. All I can say is don’t do it! I have witnessed more than a few people, even one very successful filmmaker/distributor, be driven to financial ruin by this practice.

            If you do not formally own the rights, you have no right to release a film. Just because you like it or believe you want to get that film out to the public who has never seen it, or just because you believe you can make some money off of it, you do not own the rights. Thus, you have no right to release it.

            A side note here for the new breed of internet film reviewer who takes small or large amounts of footage from a film and then discusses it in an on-line presentation. Though some of your productions may be fun to watch, you do not own any rights to that film or to that footage. Thus, it is illegal for you, under U.S. Copyright law, to use that footage in your review. If the owner of that footage chooses to do so, they can take legal action against you, and you will lose. 

            This brings us to the scrupulous distributor who has the same motivations for getting a film out to the public and actually contacts the filmmaker. I salute you. You are doing the right thing.

            There are some filmmakers who do not have the technological or the business savvy to get their film out there. This, particularly, may be the case if they are from a previous generation and are not up on what is going on technologically.  To those individuals, a distributor may be able to get their film out to the public.

            To the honest distributor, they must be very careful in whom they approach to gain the release rights to a film, however. If a film is no longer in distribution, there is generally a reason for this. This is especially the case if a film was fairly successful, once upon a time. The thing is, if the rights were signed away to a production or a distribution company in the past, then the rights or ownership to that particular film have become convoluted. From a personal perspective, in years gone past, I have had people steal the masters for a couple of my films and sell the rights. They did this with no release from me but they did it anyway. Then, they disappeared with the money. Which caused me to have to take legal action. But, legal action is something nobody wants to do. It is expensive and it is time consuming. It is just not worth it. So, to the honest distributor, be sure you are contacting the person who actually owns the whole and complete rights to a film before you take on the distribution of that film because it could lead to legal consequences.

            When it comes to money, it always gets complicated. Have you ever noticed that when you play the game Monopoly with some friends, the person who is the banker always wins? Why? Because they are cheating. They have access to the money, you do not. This is very much the case with distributors. To the honest ones, sure you may plan to pay out money to the person from whom you got the rights to a film. But, then comes your rent, your expenses, and the things you desire… Then what? You may plan to be honest but in most cases honesty and the film business do not go hand-in-hand.  So, all I can say to everyone, on all sides of the distribution issues, is be careful as any deal you make will probably not turn out the way you hoped that deal would be actualized.

            In closing, filmmaking should be solely about art. The fact is, it is not. Filmmaking, is based, (as is so often stated), in the, “Film Business.” Filmmaking is a business. From the low/no budget filmmaker to the ultra high-end production, people are in it to make money. And, for the artistic and the honest, they are commonly the ones who come out on the low end of the equation.

Copyright © 2017 – All Rights Reserved

Film Distribution: Understanding the Rights and the Rules @ Scott Shaw.com

Scott Shaw Zen Filmmaking

Zen Filmmaking Understanding the Cinematic Art By Scott Shaw

Author’s Note: It never ceases to amaze me—the ongoing discussion people have regarding the birth, ideology, and the techniques of Zen Filmmaking. …I get questions all the time. To provide some basic answers, here is an article I wrote about a decade ago on the subject—for those of you who have wondered…

 By Scott Shaw

            I think it is almost essential that I write a few words about Zen Filmmaking, its origin, and just what is or is not a Zen Film. This is due to the fact that over the past few years I have been deluged with questions about the essence and the truth of Zen Filmmaking.

            Mostly, these few words are for those of you who have heard about Zen Filmmaking somewhere on the internet, or from a friend, and have not read my book on the subject, Zen Filmmaking, which pretty much spells it all out from A to Z.

History
            The birth of Zen Filmmaking came about when Donald G. Jackson and I were making the film The Roller Blade Seven in 1991. The Roller Blade Seven began in much the same way as most films. Don had obtained financing for a film and he wanted to continue the concept he had developed in his film Roller Blade and its sequel Roller Blade Warriors. He wanted to take the concept to the next level and create a martial art driven epic film. He asked me to come on board, co-produce, co-write, choreograph the martial arts, and star in the film. Upon our entering into pre-production, our Executive Producer wanted to see what we planned to film. So, Don asked me to write a screenplay—which I did. If you would like to read this screenplay you can pick up my book, The Screenplays.

            The impetus for the birth of Zen Filmmaking occurred after the first weekend of production on The Roller Blade Seven. Don and I were very disappointed with the performances of the massive cast we had hired to take part in the film. We looked at each other and realized that the majority of them did not have the talent to truly pull-off the roll of the character they had been assigned. With this, we came to a realization to just go out and film the movie, not expect anything from our cast and crew, and make up the story as we went along. After a few days of this style of production, I had a realization, based in my lifelong involvement with eastern mysticism. I looked at Don and said, “This is Zen. This is Zen Filmmaking.” And, that was it. That was the creation of the term, the title, and the style. Zen Filmmaking was born. And, from that moment forward, I began to define and refine Zen Filmmaking—making it both an Art Form and a Science. From that point onward I have moved forward and continued to refine the process of Zen Filmmaking.

            After we completed The Roller Blade Seven and its sequel Return of the Roller Blade Seven, Don and I went our separate ways for several years. I immediately went into production on the Zen Film, Samurai Vampire Bikers from Hell. Don returned to predominantly screenplay—based productions. In 1995 we reconnected and again set on the path of Zen Filmmaking, as a team. From this, we created a number of Zen Films together.

Just What is a Zen Film?

            Many people believe that Zen Filmmaking is simply based upon the fact that no screenplay is used in the creation of a Zen Film. Though this is the basis for Zen Filmmaking, in reality it is much more than this.

            Many people ask, “Why no script?” Well, there are a few reasons for this. First of all, and perhaps most importantly, from a philosophic perspective, screenplays keep you locked into a stagnate mindset. If your film is created around a screenplay, then your cast and crew are very reluctant to allow things to change. But, if you go into a project with simply an overview of a story idea, then your project becomes free and new inspiration is allowed to occur at any moment. And, believe me, from someone who has made a lot of films, you never know what new inspiration will strike or what GREAT unexpected situation will present itself when you get to your location, have your cast in place, and are open minded about what you will actually film.

            The other reason to not use a screenplay is based upon the fact that in your mind’s eye you can write a great story, have it set in elaborate locations, and acted out by great actors. For anyone who has ever been on a low-budget movie set, you quickly see that this is not the case. So, what occurs by writing an elaborate screenplay is that you are only setting yourself up for disappointment. But, with no screenplay, you are free. Any production is allowed to happen as it happens and become what it becomes.

The Six Tenets of Zen Filmmaking:

            Though Zen Filmmaking is based upon the concepts of creative freedom and cinematic spontaneity, this does not mean that Zen Filmmaking has no foundational elements. To help define Zen Filmmaking, I designed, The Six Tenets of Zen Filmmaking. They are:

1. Make all unpredicted situations work to your advantage.

2. Don't waste time, money, and energy attempting to create your sets when you don't have to. Instead, travel to them and allow their natural aesthetics to become a part of your film.

3. Just do it! Ninety-nine percent of the time you can get away with it.

4. Never let your storyline dominate your artistic vision. Too many would be filmmakers attempt to write what they believe is a, “Good Script,” and then try to film it. Without an unlimited budget it is virtually impossible to get what is on the page on the stage.

5. Zen Filmmaking is a spontaneous process. Just as the Zen understanding of enlightenment teaches that though you may meditate for years, it is not until the moment when you step beyond your thinking mind and realize that you are already enlightened that you achieve Satori. Thus, if you acutely plan your productions, with screenplays, storyboards, and locations, there is no room for the instantaneousness of Cinematic Enlightenment to occur and you will always be lost between the way your mind desired a scene to be and the way it actually turns out.

6. Ultimately, in Zen Filmmaking nothing is desired and, thus, all outcomes are perfect.

Make it Your Own!

            I am continually asked, “What do I think about other people making films and calling them Zen Films?” Or, “What do I think about people using my concept of Zen Filmmaking.” To answer, I think it's great! The entire reason I have continued to focus on Zen Filmmaking, for so many years, is to make the process of filmmaking easier, more joyous, and provide all filmmakers, (not only myself), with a means of creating a film while encountering the minimal amount of disappointments with the finished product.

            So, if you want to call your film a Zen Film, do it! That's fine with me. Moreover, make Zen Filmmaking your own. There are no hard and fast rules in Zen Filmmaking. I frequently receive questions asking if it is okay to change the process a little bit. As I always answer, “Of course, do what works for you. Make Zen Filmmaking your own! Take my philosophies and alter them to work for you, your film, and your filmmaking situation.”

Donald G. Jackson and Me

            I often receive e-mails from people assuming that all of the films Donald G. Jackson were Zen Films. This is not the case. Though my meeting and filmmaking collaborations with Donald G. Jackson set the course of Zen Filmmaking into motion, he was not the creator of Zen Filmmaking. That was me. In fact, virtually all of the films he created, that I was not directly associated with, were screenplay-based productions. And, this is in direct contrast to the primary premise of Zen Filmmaking—that no screenplay should be used in the creation of a film. So, all of you people out there who are discussing the fact that films like Hell Comes to Frogtown, Return to Frogtown, Roller Blade, Roller Blade Warriors, and even such obscure Donald G. Jackson films such as Rollergator and Big Sister 2000 are Zen Films, you are incorrect. These films were all script-based films that were written by one of Donald G. Jackson's friends, most notably Randy Frakes or Mark Williams.

Critique
            From the questions I receive about Zen Filmmaking, I have come to realize that there is a big misconception about the reasoning behind Zen Filmmaking and the actual method used in this style of cinematic creation. Mostly I have come to understand that many people just don't get it. Most people assume that simply because the process of Zen Filmmaking is a script-less form of cinematic creation, that means that a Zen Film is simply a mishmash of image and scenes strung together. And, people have used this misunderstanding as a means for criticizing Zen Films. They are really missing the point. Though there are no scripts used in a Zen Film, the process of creating a Zen Film is a very conscious process—a process that very few filmmakers could, in fact, ever employ due to the fact that it is a very refined method of filmmaking that is complicated in its simplicity. That is a very Zen statement, I know. But, the abstract nature of Zen is at the heart of Zen Filmmaking. Most people need structure and guidelines but structure and guidelines are never relied upon in Zen Filmmaking.

            Imagine, having the mental focus, as a filmmaker, to create a film that tells a story and do so without any written dialogue or scene descriptions. Just like Zazen, (Zen meditation), the focus it takes to create a Zen Film is a refined/developed ability that few people have the mental wherewithal to achieve.

            Though the essence of Zen Filmmaking is based upon the understanding of never relaying upon the formalized structure of using a script, or any other limiting method of story dissemination to create a film for that matter, there is much more to Zen Filmmaking than simply that. At the heart of Zen Filmmaking is the spiritual essence of Zen—understanding that all life is a pathway to Nirvana. And, that we ALL are already enlightened—we simply need to realize it. Therefore, in truth, Zen Filmmaking is not simply a process of filmmaking. It is, in fact, a formalized practice of meditation leading to cinematic enlightenment. How do you achieve this? Let go and you will know.

            This being stated, if you want to read a more nuts-and-bolts on-line article about Zen Filmmaking, you can click over to an article I wrote, Just do it! The Art of Zen Filmmaking or view a discussion that is up on YouTube where Don and I detail the basics about Zen Filmmaking during an interview. Also, here is a link to a fun little improv piece Don did on Zen Filmmaking. I discovered this piece about a year after his passing. Finally, here is Donald G. Jackson embracing his feelings about his filmmaking in the purest sense.

            I trust these words will more precisely explain the essence of Zen Filmmaking for those of you have wondered. For everyone else, either read the book or keep the questions coming. I will try to answer them as best as I can…

Copyright © 2007 — All Rights Reserve

 

Zen Filmmaking: Understanding the Cinematic Art @ Scott Shaw.com

Scott Shaw Zen Filmmaking