advice

The Legal Pitfalls That Animators Must Navigate

I would love to go into much more detail on the topic but unfortunately, I don’t have that long a lunch break to knock one out. So instead, here’s a quick run-down of what animators should be aware of when it comes to their work.

For the record, I am not a lawyer and the following should not be construed as legal advice. If in doubt, consult a legal professional, preferably one with a Bar Association logo on their newspaper ad.

When it comes to animation, there are a variety of laws that animators must concern themselves with. Perhaps most prominent is contract law and labour laws, which naturally help determine how long you work and how and when you are paid.

I read numerous stories that pop up fairly frequently regarding various setups that invariably involve the production of animation without pay. These can take the form of a competition, test or and “internship”. I use inverted commas because no internship as defined by law allows the intern to actually undertake anything even resembling work without due compensation.

Another aspect is overtime. Again, it is worth having an inside-out knowledge of your working contract. Bear in mind that for some, this may be in the form of an agreement that the union may have with the company. I’ve found that the TAG Blog to be a good source for explanations in this regard.

Besides the various labour laws, the second big grouping of legislation that animators run up against is copyright. In general, if you create work for a studio or otherwise entity that compensates you for the work created, you do not have rights to said work. In other words, it is created under a “for-hire” arrangement. For most studio employees, this is the nature of their work.

If you are creating your own stuff, then it is owned entirely by you unless you sell or otherwise transfer ownership and/or rights to another party. This would be the case of you pitched a TV show idea to a network who subsequently purchased it.

It is important to remember that you are responsible for monitoring your work. In other words, if someone is plagarising your work, it is your responsibility to notify the responsible party in order to rectify the situation. A while back, an animator I know had issues with someone on YouTube outright copying his work without due recognition. After failing to rectify the situation through communication, he simply contacted YouTube and had the video removed.

having said that, keep in mind that fan-art or personal art featuring personal interpretations of copyrighted material may still fall under trademark law, where the rights are assigned to a particular character and not the individual piece of work.

In today’s modern, internet-crazed age, many animators are rightly eager to get their films online for all to see. This is encouraging, yet I wonder how many are familiar with the single most important law regarding the internet and copyright? In the US, it is the Digital Millennium Copyright Act (wikipedia link) and it outlines certain conditions regarding the uploading and availability of copyrighted content on the internet.

For instance, it outlines the concept of safe havens for ISPs and website owners in relation to user content and outlines the nature by which content can be considered infringing. Animators should be keenly aware of this, especially if you would like to upload films you produced under contract, studio employment or otherwise “for-hire” work. It should be especially noted that even inclusion in a demo reel is grounds for a takedown notice. A few months back, Berlin-based David OReilly found this out when the U2 video that he made was yanked off You-Tube for copyright violation by Universal Records. This should serve as a stark reminder that although he posted it as a way to inform and display his own talents, the copyright owner thought differently.

If in doubt, get everything in writing and consult with a legal professional before signing any contracts. Read through any contracts and be aware of your obligations before signing, you will not have any excuses later on. If you are considering putting a video online whose copyright or other rights do not belong to you, get clearance first or better yet, negotiate a clause in your contract that allows you to publicize your creations.

If anyone out there has any other advice, please add it to the comments. This is all I could come up with in half an hour.

The Legal Pitfalls That Animators Must Navigate Read More »

Keeping Yourself Motivated

Sometimes life can be tough, there’s no doubt about it. Right now I know more than a few people who’ve been laid-off from work and are finding it harder than they thought to get back on track. A few other people I know think they are having trouble getting started in the first place.

If this sounds like you, the important thing to remember is not to give up. We all have hopes and dreams both realistic and non-realistic, I mean, c’mon, who doesn’t want to own their own tropical island complete with a mountain layer nestled inside a volcano?

The point is that you can’t let apparent setbacks get in the way of what you want to achieve. Take for example the animation industry, unemployment seems to be a pretty big factor in a lot of animators lives at the moment. Animation being what it is, this is part and parcel of the job. However, it is not a hindrance to success.

That is what is so great about animation, it’s a career where you can be your own boss. I’m an engineer, do you think I can do some design work on the side when I get home, or make my own, independent road? Not a chance. I suppose this has its advantages, but it discourages passion for the job. I would love to be able to work on something all day every day if given half the chance and if you’re an animator, then you’ve already been given it!

In the past, there were plenty of barriers to creating independent work, namely money, but today, the cost of doing almost anything has dropped to the point that nearly everyone should be able to take advantage of them. The Internet has made numerous tools available that can help advertise yourself and your skills. It can also provide countless sources of inspiration.

The biggest favour you can do when motivating yourself is to manage your time effectively. If you’re into writing, set aside even half an hour a day to do some writing. That’s all I budget for this blog. Between school, work, dinner, the dog and some personal entertainment, that’s just about all I can spare on a weekday. The good thing is, it’s all I need!

The want to do something is another big motivator in that if you have no interest in doing something, you’ll likely never do it. For example, some people were dying to see Avatar, and plenty did. It’s been in the cinema and is now out on DVD and I’ve still not got around to watching it. I could do it right now if I wanted to, but I’m not motivated enough to do it. The same goes for personal projects. For a long time this blog sort of languished with infrequent and random topics until one day, I decided that it was something I could focus my energies on. Suddenly, I was motivated to write every day, and so far, so good. 🙂

The key point of motivation is how you measure your success. If you became a millionaire, that could be considered fairly successful, but what if you were an animator who shunned the opportunity of working on some modern classics? Is that a failure? Bill Plympton doesn’t seem to think so and he has carved out his own, unique market for himself that puts shoes on his feet and roof over his head.

My point is that only you can determine whether your efforts are successful or not. For me, writing a short script or drawing three panels of a storyboard would be a mighty big success, seeing as I’m pretty poor at doing either. My advice is to measure your performance not in the form of big milestones, such as, say, finishing an entire short film, but rather to break it down into smaller pieces, like say the script, or going even further and figuring out what colour clothes the character’s wear. Make a list, and every day, cross off what you’ve achieved. You’d be surprised how quickly things disappear.

The best motivation you can receive is from others. Plenty of people will gladly give you a thumbs up and a few will even give you helpful pointers or critique. Of course you can’t receive any of this if people can’t see what it is you’re doing, so share it with them!

Still in doubt? Then head over to GorkGakk.com, where cartoonist Mark Mariano made an entire comic out of comments left on the site. He drew the comic, but all the story ideas came from readers. Your work could be something similar, if on a slightly different note.

The most important lesson is: never let negative comments or situations get in the way. Stay positive, think of the end goal and what it is you want to achieve. If you keep that in mind, and work towards it, you’ll be successful, just like Stephen M. Levinson.

Keeping Yourself Motivated Read More »

The Importance of Having a Blog

I was chatting to a guy there at the weekend. Nice chap and rather talented with a pencil and paper too. He was telling me how he really wanted to work in animation in some form or another. Which was great, in fact he had already been in contact with some studios in New York about a possible internship (that’s a post for another day).

While all this was great and he was pushing himself to get out there and get recognized, I had to regretfully inform him that he was missing a big piece of his plan: a blog.

Now I use my blog more of a place to communicate my thoughts on animation because engineers are unlikely to know or even care about that kind of thing. However, if you’re either in the industry or trying to get in, a blog can make all the difference in the world.

Right now, I follow about 400 news feeds (give or take), of which about 300 or so are blogs, either individuals or small studios. Most of those are either collaborative, others a place to share artwork on a common theme, like Sugar Frosted Goodness, or individual. Among those, they are normally either places to post artwork, thoughts or to post some quick animatics or storyboards. Most often promote a show or exhibition they are in, which is also a great way to find out about local events, for example the Little Golden Books exhibit happening in downtown Baltimore that I hadn’t a clue about until I read about it on Steve Lambe’s blog.

My point is, and I made it to your man, was that if I want to see a collection of your work, i.e. your portfolio, I would rather see it on a blog, where you might post some WIPs or where you found the inspiration, rather than a static website. DeviantArt is also OK, but that is a much more structured environment. A blog allows you a lot more freedom and flexibility in how you present yourself and your work.

Besides all the wonderful benefits, it’s free! Either Blogger or WordPress.com (where this blog is hosted) don’t cost a penny to get up and going. Both have different strengths and weaknesses so at the end of the day, it comes down to personal preference.

The Importance of Having a Blog Read More »