Let's be honest -- most of us are not savvy when it comes to entertainment law. In fact, it's one of the areas of filmmaking that, although absolutely essential, can staunch the flames of creativity and bring an entire project to a standstill. However, entertainment attorney Lisa Callif answers some of the most pertinent development, production and distribution questions many of us are asking, offering insight into the world of film litigation as a lawyer whose focus is representing independent filmmakers.
An entertainment attorney at Donaldson + Callif, Callif was named as one of The Best and The Brightest by Variety in 2011, and has much experience in the fair-use doctrine, an important area of expertise for her documentarian clientele. She has worked on documentaries such as I’m Still Here, The Invisible War, Waiting for Superman, and This Film Is Not Yet Rated.
In an Film Independent interview, Callif answers several questions that are typical for independent filmmakers who want to protect their films at all phases of production.
Protecting your film before you pitch it
One of the first things to think about as you're preparing to share the idea for your film is how to protect it before pitching it to others. Callif says:
It might sound counter-intuitive, but the best way to protect your project is to develop it as much as you can before pitching it. Don’t pitch an "idea." Ideas aren’t copyrightable and as we have probably all experienced, if you have a great idea, there are probably one or three or 20 other people with that same idea. What is protectable and probably unique to you is the expression of that idea. It’s much harder for someone to steal your work if it is fully developed. And why would they? You’ve already done a lot of the work. It’s much cheaper for them to hire you, or at least buy your project, rather than risk a lawsuit.
Callif goes on to recommend registering your treatments, outlines, and scripts with the WGA, as well as your completed scripts with the US Copyright Office.
Trademark Law: Can I shoot recognizable places/products without permission?
This is a question that I personally have asked quite a bit, and often with varying answers, "Yeah, as long as the logo is sectioned or is kind of fuzzy." "No, absolutely not! Do you want to be taken away in an unmarked van?" If you're thinking that I should get better legal advice, you're right.
The simple answer is yes, it's legal to film a recognizable place, brand, or logo as long as the following criteria are met:
i) the place or product shot is portrayed in the manner it is commonly portrayed; and (ii) the audience is not led to believe that the brand or store is sponsoring or associated with your film.
However, Callif most interesting thing about what she says doesn't have much to do with the legal side, but the business side:
Keep in mind that many producers do not want to put brands in their films because they want to get a product placement fee for doing so. This is not a legal reason, it’s a business one. Big studios also have policies about the use of products in productions, but these are business/policy reasons and not necessarily legal. Additionally, brands can be sensitive and may not be happy with being used in a film if they don’t like the message or how they are being portrayed. However, if you keep within the confines of the above, the brand owner might be upset, but won’t have a valid claim.
It's definitely a breath of fresh air to hear from an entertainment attorney, or any type of attorney for that matter, who breaks down the law in terms that are more easily understandable. And Lisa Callif answers a couple other questions in the rest of the article, so be sure to give it a read.
What advice can you offer to ensure protection for film projects? What resources do you think offer solid, understandable legal advice for creatives? Let us know in the comments!
Link: Find Answers with Entertainment Attorney Lisa Callif -- Film Independent
I read somewhere that there are only two best-case scenarios for a great screenplay—either it meets the expectations of the audience or it doesn’t. Either they sigh in relief or gasp out loud in shock.
Giving your audience what they want shouldn’t be difficult for a practiced writer. A character has a desire, and they achieve it at the end of the story. Boom! Expectations met!
But there’s something oddly satisfying about not meeting those expectations in a screenplay, leaving the audience shaken in disbelief.
Many compelling screenplays use something called misdirection—it's sneaky, it's intelligent, and it takes viewers somewhere unexpected. It's all about planting subtle clues that seem insignificant until a revelation forces us to reconsider everything.
Let’s examine how this narrative tool, when used thoughtfully, can transform straightforward storytelling into something more complex and satisfying.
What is Misdirection?
Misdirection is distracting the audience to mislead them, preventing them from getting on to your scheme of actions, until you finally reveal the truth. In essence, it is a style of storytelling, where the “audience proposes, filmmaker disposes.”
In misdirection, a filmmaker manipulates information, character(s), and their timing in the narrative while building the conflict, until everything falls into place to reveal an unexpected resolution that does not match the audience’s expectations.
Many times, the audience is also purposefully misdirected by exploiting their biases, prejudices, and gullibility.
Why Would Any Filmmaker Misdirect Their Audience?
A story is as interesting as its narration. Be it a bedtime story or Nolan’s Inception, if the narrative is linear and flat, it may be less engaging to your audience.
Misdirection is one of the finest tools that acts like a hook to your story. Misdirecting elements are thought-provoking, working with the audience’s psychology to throw them off guard.
Fiction gives you the freedom to alter realities, but even while misdirecting, it is important that the dots connect effectively by the end of the story. Information shouldn’t be irrelevant and without context.
How Do You Misdirect Your Audience?
You can use any story element to misdirect the audience, but the most commonly used are characters, sound, props, plot points, strategic information reveal, and the time of the incident of any event.
Examples of Misdirection in Great Films
Gone Girl by David Fincher
Misdirection by unreliable narrator
This is one of those stories that is completely narrated in misdirection.
The film opens through husband Nick’s (Ben Affleck) perspective, who becomes the prime suspect in the disappearance of his wife, Amy (Rosamund Pike), on their fifth marriage anniversary. As the investigation and media frenzy take over, we are let into the lives of our two main characters and led to believe that Amy might actually be dead.
We learn about their failing marriage and Nick’s extramarital affair. Thus, when Nick lies through his teeth about his loving relationship with Amy to the police, he instantly becomes an unreliable narrator in the story.
Thus, even though his alibis are believable, you cannot trust him and can’t take his word. Rather, you, with the police, start suspecting him.
This automatically shifts all your trust to Amy instead, even though you know even less about her than Nick. Wonderfully, you have begun rooting for her now.
What you might not realize is that you have been misdirected to dislike Nick as a character, so that you automatically take Amy’s side right from the beginning, until it is revealed that Amy is alive and purposefully in hiding.
This is one of the many misdirections in the film.
By regulating how the audience judges the characters, their morality, and their intentions, a filmmaker often shatters the expectations of the audience with misdirection to give them a more surprising resolution than expected.
The Sixth Sense by M. Night Shyamalan
Misdirection by character
Just by establishing a character in a certain way and revealing information about them strategically, a filmmaker can determine the character’s impression on the audience.
This is what M. Night Shyamalan does in The Sixth Sense. The magician of misdirection keeps both the characters and the audience engaged, looking for the ghost, all the while narrating the events through the ghost’s perspective!
The beauty of a nuanced misdirection lies in the clues left throughout a film’s events, leaving you both frustrated and delighted at the same time that you didn’t pick up on them!
Money Heist by Álex Pina
Misdirection by sound
In the Spanish drama series, Money Heist, the makers use a powerful misdirection but with a genius twist. This misdirection is not only for the audience per se, but for the main character—the Professor (Álvaro Morte), too.
In the Season 2 finale of the drama series, the Professor and Raquel (Itziar Ituño), the love of his life and newly minted partner-in-crime known as “Lisbon,” are sprinting through a dense, shadowy forest. The air crackles with urgency as police hounds close in, their shouts breaking the eerie silence of the forest.
Eventually, they are forced to separate, with a radio as their only mode of communication. Raquel ends up taking refuge in a barn, but not for too long. The police arrive, and she is completely surrounded. A gun to her head, she is ordered to compromise the Professor, but she’s steel-willed and denies the police any information.
All the while, the Professor is on the radio with her, frightened and worried, begging her to tell them everything in exchange for her life. The Professor frantically runs through the forest to reach Raquel, when… bang! A gunshot rips through the radio.
The Professor stops dead, the forest swallowing his anguished cry. But as the episode races to its close, the fog clears. The shot? A cruel ruse. She’s alive and in police custody. The Professor’s despair was their bait, and he bit—hard.
What I love about this particular sequence is that the filmmakers don’t use misdirection as a generalized cliff-hanger of “what happens next.”
Instead of revealing that Raquel is alive in an upcoming episode of the next season, they make a choice to reveal it at the tail end of the same episode.
Raquel is a crucial character in the series at this point, so to lose her in the narrative would have been a huge plot twist. At times, thrillers do go for the cheap surprise, whether it makes sense or not. But in Money Heist, the reveal elevates the value of the misdirection because now the audience knows things are going to change forever—for better or worse.
Final Destination 5 by Steven Quale
Misdirection by props
The sequence leading up to Candice’s fall in Final Destination 5 is a series of brilliantly crafted misdirections that keep us on the edge of our seats until the mishap finally happens.
The misdirections also seem to be symbolic, as the death of poor Candice (Ellen Wroe) is a sharp irony. Throughout the scene, we keep worrying about the loose screw in her gymnastic apparatus but how she is killed by it in the end is absolutely unexpected—just how a nuanced misdirection should be.
Psycho by Alfred Hitchcock
Misdirection by casting
Killing the heroine halfway through the film was a risky but brilliantly used misdirection by Alfred Hitchcock in Psycho, especially considering the film dates back to the ‘60s.
An actor’s face value is as important as their acting skills. Big actors usually have strong plot armor and are expected to survive the story.
In Psycho, when a star like Janet Leigh is killed off midway through the movie, the audience is thrown off guard and does not know what to assume, whose story to follow, or what to expect next. This amplifies the shock factor of the plot twist.
Misdirection can turn your story into a fun experience with plenty of unexpected twists and turns. When done well, a reveal should prompt viewers to think, "Of course! How did I miss that?" rather than, "That came out of nowhere!"
The audience hates being deceived. So, not meeting audience expectations doesn’t mean you lie and fill the screenplay with deceiving information, revealed in an untimely way, aiming for a plot twist in the climax that feels isolated and seemingly unmotivated.
Also, be careful not to clutter your narrative with forced misdirections.
For a better understanding, check out the examples in the article—how each misdirection is a strategic literary device, not just a stylized form of storytelling.
Let's be honest -- most of us are not savvy when it comes to entertainment law. In fact, it's one of the areas of filmmaking that, although absolutely essential, can staunch the flames of creativity and bring an entire project to a standstill. However, entertainment attorney Lisa Callif answers some of the most pertinent development, production and distribution questions many of us are asking, offering insight into the world of film litigation as a lawyer whose focus is representing independent filmmakers.
