From Orson Welles to Yuya

orson welles

If something more tangled the YouTubers is the treatment of the audiovisual work. The audiovisual work as conceived in the norms is a work that necessarily is carried out by several people.

Label: CopyrightAll these rules, in their beginning were covering the space of which an audiovisual, cinematographic work was a cumbersome work to do.
Orson Welles I would agree.

In the definitions it includes that it is also created to be able to project it; in our case, in YouTube, the platform that means (streaming on-demand).

So far, all normal.

The rules come to describe that the authors of the cinematographic work are multiple, so the director, the author of the script, the one of the music and the drawers (if it were of animation) are authors; but (and here he is but big) the patrimonial rights are of the producer.
There Yuya I would not agree.

The mess is that if one deals with the audiovisual work, necessarily as a collective work is obviating the fact that at this moment everyone has a smartphone in the pocket, that a video can be made by a single person - who is both director, producer, protagonist, editor, screenwriter and all the roles imaginable - fulfills all the roles of production and creation associated with the work.

What is deviant is the collective work label.

Clear. These rules were written to make movies, and to avoid the most problems of interpretation when many intervene. But it was not conceivable that one (1) would fulfill all the roles.
I bet that was not in the plans.

For the inkwell: under the multi-tasking scheme of today's audio-visual projects, it would be worthwhile to leave the roles clear and balance the percentages of exploitation. The normative standard model will continue to apply; but there is room for new, more equitable and contemporary remuneration schemes; there is room for production from the creative to the production from the production. Everybody will see.


Colombian and community standards

Definition of an audiovisual work: "creations expressed through a series of associated images, with or without incorporated sound, which are intended essentially to be displayed through projection devices or by any other means of public communication of image and sound" (Law 23 of 1982, Art 8, Decision 351 of the Commission of the Agreement of Cartagena, Art 3, Pérez de Castro, 2001, P. 24)

(...) "susceptible of becoming visible and, if accompanied by sounds, susceptible of becoming audible" (460 Decree 1995, Art 23, lit. f).



What did we learn from Star Wars?

Star Wars

The most impressive thing about George Lucas is that he made a fortune from only one clause of his contract as director of Star Wars.

Brush of Entertainment

El Skywalker Ranch He did not buy himself. Better, that money did not come overnight after the premiere of Star Wars. The greatness of George Lucas, in fact rests on having negotiated a correct clause within his management contract of the Star Wars saga.

The myth is this: Long ago in a very far galaxy George Lucas agreed to cut his remuneration by half as director of Star Wars so as to be the owner of the rights ofmerchandisingand derivatives of the film.

[Read article: What is a contract reviewed?]

In hindsight, that negotiation allowed him to receive millions of dollars in all the figures, video games, clothes, novels, comics, licenses and other derivatives.

In strict order Star Wars in a movie. By its acceptance and traction is also a universe that can be exploited in many ways.

The works are small individual pieces of what the authors do; the author is the owner of this small work and also has the exclusive power to adapt it. To change her language. Turn it into something else if you want.

[Read article: Negotiating 4 tips: time, territory, use and window.]

Star Wars is the example of a great product with multiple additional uses and endless possibilities of adaptation. It is surprising that they have not produced a large format musical on Broadway (yet).

Continue reading What did we learn from Star Wars?

Bonus Tracks: Gaiman, Godin, Silva

In this rampant atheism that possesses me. It takes some voices and minds to seek solace, light.

Brushstroke-fuchsia-web-articles-recommendedThree oracles that have me talking about what they have said for some time now are Neil Gaiman, Seth Godin and Jason Silva.

Neil Gaiman
, storyteller. Fantastic. Narrator of the fantastic. From their books, even their interviews are loaded with everything that can break reality. How to see the everyday with magic.

Seth Godin will say too, author, inspirational. Marketero empernido del marketing of emotions. Inexhaustible advisor. Half of what it says is a checklist for the survival of communication in the 21st century.

Jason Silva, pop philosopher. Since Shots of Awe but also Mental Games in NatGeo, is a contemporary pop culture analyst who helps unlock any conversation.

The sphere


All parts of the project must point to the same direction, without repeating. It is a matter of congruence. From exploring the many faces you can have the same idea.


"The notion of a small environment gives its deepest meaning to the council,
When defining the closed form of the story,
What I have already called his sphericity on another occasion. "

- Julio Cortazar
From the short story and its surroundings
(Last round, 1969)


Any artistic project has an infinite number of variables. Our job as creators is to try to have all those variables resolved in a harmonious way. We can begin by identifying the most prominent variables of a project and design each of these spaces.

We must point out the legs of this project. Analyze and evaluate if they point to the same address.

We could borrow tools from another discipline, such asbranding To identify these variables.

Branding: it's the "P] creation process,
Development and brand building.
(...) The brand is not just a logo,
Has to do with what people say,
Feel, think about a product or service.
(...) [S] us values, their DNA, their spirit,
(...) ultimately the branding,
To put a word is the alma
Of everything that is built ".
(Andy Stalman)

The most important thing about a project is its sphericity, its consistency. Pat Patton calls it prosody. That it is nothing else to follow the indications of the Poetics of aristotle when he speaks of the "unity of action". In order for the work to be complete, for a project to be ready, all its elements must, by decision of its creator, point to the same place.

"The rules for me are very simple, your job is to tell a story, that story has a hero, and he (or she) just wants a Thing. "David Mamet would say..

Keeping coherence becomes imperative and increasingly complicated.

The simplest thing should be to be able to step back, to breathe, and to approach our projects with fresh air, as if we were seeing it for the first time. This almost never happens. But we should practice it.

Try to see our creations with new eyes every time.

Even polishing them to perfection.

Until we have a sphere.

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The errors of the scenic representation contract

Scenic representation

This article is going to be technical. A remote control diatribe; But follow me. The Colombian legislation speaks of the stage representation contract ... but 30 * years later, it continues with the same error since the day it was written.

Label: CopyrightWe present the culprit:

"23 1982 Law. CHAPTER IX - " Contract of representation - Article 139º.- The contract of representation is that by which the actor Of a dramatic, dramatic-musical, choreographic or of any similar kind, authorizes an entrepreneur to have it represented in public in return for an enumeration. "
(Underline text)

 There are many things that are wrong with that article.

One that says "actor" Where should i say "Author"… I should even say "holder". The correct wording should be:

The representation contract is one by which the holder Of a work (...) authorizes an employer to have it represented in public in exchange for an enumeration.

Have that to me.

But another is the misfortune of baptizing the contract with the word representation ... without saying a representation of what. Without specifying that it was the exercise of the patrimonial right of representation; And not the ability to represent someone - which is essentially a mandate.

Of course, there was no other, it is the clearest and there is nothing to do. But it generates problems in the industry. The managers Know that management Are of artistic representation, but because they once heard something insist that it can not be called "representation". The management is a mandate, burdensome and atypical in many of its clauses (that we discussed another day). It further complicates managers... and that it is already difficult to explain exactly what they do.

That says "actor" and not "Author"Or"holder"Is vital. Confused, leads to explain an unnecessary matter. Something will have been said about the subject, right?

… do not[1].

In the jurisprudence of the constitutional court there is no mention. In that of the Supreme Court of Justice either.

The books of doctrine copyright neither reviewed you ... and nothing.

This article interests me because it shows that the theatrical environment is not well known by lawyers - and less lawmakers. That the law regulating copyright in Colombia is of the year 1983, and has had two major interventions - in 1993 and 2012 - ... and no one noticed this error; Or better, no one considered that should be corrected.

It shows that legal inaccuracies may not have as many consequences; But a creative medium like the theater deserves to have its rules in order. Let the dramatists know how the contract is called with which they can authorize their work to be assembled and represented.

The following articles are well, and do apply; The 10% of the box office (supplementary) is the market average. But the right of stage representation should be a right to perform theatrical assembly; And the theatrical assembly should be understood as a new protection object or a derivative of the dramatic text.

That the article is poorly worded also prevents this discussion; Just to mention one.

Pessimism wins me. I do not think this will change soon. Van * 34 years and counting.

PS: In article 139, where it says "choreography" should say "choreographic" ...
If they see what I say?

[1] The 20 of August of 2017 verified the online jurisprudential base of: Supreme Court of Justice of Colombia, Council of State, Constitutional Court. Also the meta-searchers of normativity and jurisprudence Vlex, LégisMovil, NotiNet and These seekers can find markers in jurisprudence of courts, circuit judges and municipal judges.


Billy Rose Theater Division, The New York Public Library. "The threepenny opera," Lincoln Center. [1976] The New York Public Library Digital

Music Division, The New York Public Library. "Sonata for viola and piano" The New York Public Library Digital Collections. 1919