Just about every week, a client asks me if we can use a famous person’s video clip or voice in one of their productions. The much talked-about “Come Back to the Sea” Carnival Cruise lines Superbowl Spot brings up yet again this topic much discussed among creative media-makers: what rights are involved, even for public domain archival materials?

So-called “rights of publicity” are often something to consider when you are using a person’s image or voice to endorse a product or brand. In an interview with PR Newswire, the Carnival spot’s Director Wally Pfister (Dark Knight, Inception) seemed to be saying that an implicit product sale wasn’t the point of the ad (“we aren’t just asking consumers to purchase a product or widget, but instead, we are hoping to move them to feel a certain way about cruising.”)  While the JFK’s “we are tied to the ocean” 1962 speech made to the Ambassador of Australia and delegation might be considered public domain because he made it while serving in public office,  the audio could be considered to fall under rights of publicity when it comes to promoting a cruise line. (Disclaimer: I’m not an attorney. I don’t play one on TV. And I have no personal knowledge of whether or not BBDO requested these rights from the Kennedy estate.)

As creative content producers–whether commercial ventures or nonprofit enterprises–we should always be wary about this issue of the rights of people to their own voices and images, even when they are deceased. A few relevant cases come to mind. Ford Motor Company used a “sound-alike” voice in a commercial and Bette Midler sued. The appellate court ruled in favor of Midler, saying that her voice was protected against unauthorized use. The ad agency who came up with the creative (Young & Rubicum) was also named in the suit. A similar situation occurred with the estate of Erol Flynn when a photo of him was used in car ad.

Well, these are famous Hollywood stars you might say. JFK was a public servant. True enough. But the family of Richard Nixon raised a big fuss with Disney over Oliver Stone’s movie “Nixon”. On the other side of the ledger, the makers of “Selma” completely avoided using the actual words of Martin Luther King in his famous speeches, presumably because of the highly litigious reputation of the King family when it comes to MLK rights of publicity. That’s really too bad, as a generation of film-goers might never read or hear the real speeches.

So it’s a dilemma, and one you can’t always determine with full clarity in advance. As media makers, we always need to be mindful about archival clips, why we choose them, and how to use them properly. That often means running creative ideas by attorneys (as if EP and client reviews aren’t enough!). Defending our creative choices in the courts isn’t really what we have in mind when we’re designing storyboards, so it does need to play into our thinking.

Amy DeLouise is not an attorney nor does she play one on TV. She is a creative producer and director, and speaks and writes about the issues faced by other creative types trying to earn a living making interesting content.

 

 

 

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Amy DeLouise Dynamotion set   1. Your Client (or Boss) Wants Your Video to “Go Viral”

Of course they do. But your project doesn’t have Jennifer Aniston as its on-screen host. Nor have you the budget to license Gerry Rafferty’s famous Baker Street song for the big finish. Not to mention the fact that you can’t afford to rent a large hard-cyc studio with full production crew, direct the separate shoot and graphics session for the dancing babies, and don’t forget about the puppy and its handler! But we digress…

Solution: So if you don’t have the budget for those things, how do you give your client the views they want? The first way is to assess where their community lives online. Are they pinning on Pinterest? Tweeting on Twitter? Posting images to Instagram? Checking in on Facebook? When you understand the platform where your community lives, you can more successfully design content they want to interact with and share with friends and colleagues. I hate to mention that your end product might not even need to be a video. It might be more effective as an Infographic that tells your story. It might be a powerful image that can get pinned and reposted. It might just be a fantastic blog post that you cross-promote by making it a guest blog post on a more trafficked site where your community likes to be informed.

 2. Your Client or Boss Wants to be IN the Video

Of course they do. They are the head of a department. They are an expert. They are in charge of this project. And maybe they are just fantastic on camera. But chances are, they aren’t. Chances are, they do more speaking in front of live humans, not lenses. And so you will need to come up with Another Way.

Solution: Enter animation. Animation can allow your on-screen host to introduce ideas and elements that bounce around on the screen and keep everyone’s attention, without having to just look at a talking head. Lots of companies are now providing Whiteboard Animation services for educational/informational productions. But really any animation style can be used as long as you take the time to develop a script, and storyboard out the frames so you know what visuals are best for telling your story.

3. You Plan to Shoot This Video on Your iPhone

Sure, you can do this. I even have iPhone footage of myself on this website. But I produced it using professional lights, a teleprompter, a backdrop, and someone to help me so I wasn’t juggling everything myself.

Solution 1: Remember that if you decide to shoot with a phone, the lens is the size of your fingernail. It will not be able to capture images and lighting with dramatic contrasts or motion, so keep things reasonably steady and use supplemental lighting.  You’ll need to hold on each planned shot for longer than you think, as the phone will shave the last few frames off each image as it saves them. But even more important than the images, a phone will only record the audio you provide it. That means, having someone shout and hope your on-board mic will pick it up won’t work. You’ll need to have a DAR (digital Audio Recorder) and a mic. It’s worth the investment if you plan on doing this often.  You’ll also need iMovie or some other editing program to help you get rid of unwanted scenes and frames. There are plenty of consumer products to choose from. One other note: phone footage will not do well if you are planning to blow up your video on a large conference screen (move to Solution 2).

Solution 2: If you decide being a videographer, sound recordist, director, producer, and editor is too much for you, then planning your workflow with a professional production team can improve your results. If you’re concerned about the budget, plan to lessen the work for the outside team by doing these time-intensive tasks yourself: location scouting, interview scheduling, and supplemental photo or footage research within your company archive or stock archives.

Amy DeLouise is a writer, producer, director and speaker who loves making great video content come alive.

 

Sky at Sunset In philanthropy, the saying is that people give to people, not causes. Connecting at the level of hearts and minds has always been critical to building long-term relationships with donors, and also with grassroots supporters. And the best way to do that is through storytelling.  Now that YouTube, Vimeo, and other Web 2.0 tools are giving so many nonprofits a “channel” for their stories, personal narrative is being rediscovered.  But to tell a compelling story requires critical elements.

What makes a compelling story about mission?

1.       Focus on outcomes. Everyone loves a success story. Reality TV is filled with them: obese person becomes thinner, aspiring chef wins the prize, talented singer gets a record deal.  Think of the success stories in your organization, but instead of listing them as bullet-points, express them through anecdotal stories.

2.       Focus on people. The people who make it happen and the people whose lives are changed. Who are the people who made a difference in students lives? What are those students doing today? Who is the volunteer who went into a community and changed it for the better? What is happening in that neighborhood now? What would have happened to that child without a medical intervention paid for by others? What kind of life does this child have today?  Interview-driven narratives are highly successful at building the case for donors and volunteers.

3.       Show why your organization matters. Somewhere in the narrative, you need to show viewers why your organization made a tangible difference in the outcome.  It wasn’t just random acts of kindness that led to this success. It was your people, your dedication, your/their dollars at work.

4.       Engage viewers in their own narrative. Make sure there is a call to action somewhere in your story, usually at the very end. “How can you make a difference just like Alice did?”  “With just 20 cents per day, you can change the life of a child like Shawn.” “Join us at our XYZ event to make your voice heard.”  Think about what story viewers want to create for themselves after watching yours.

5.       Provide follow-up options. If a viewer is moved by your narrative, they should easily be able to click somewhere next to the video or case study to do something–sign up for the conference, make a donation, become a member.  Despite the tendency to want sheer numbers—hey, our video got 20,000 views!—you really want qualified viewers. And viewers who will ACT once they’ve heard your story. So be sure you provide a way they can engage other than passive viewing. The framework around the video should have clickable links. And if you are participating in Youtube’s nonprofit program, you can embed links to your nonprofit site directly in your video content.

Telling and hearing stories is our oldest human instinct. Web 2.0 just makes it easier to share.

Amy DeLouise helps nonprofits tell their stories, strategize about their futures, and influence the world around them.

Photo taken at a distance so you can't see the wrinkles!

Photo taken at a distance so you can’t see the wrinkles!

When my husband lost his job in the 2009 recession, we cut all non-essential expenses. But even after he was still looking 9 months later, I held off on cancelling my mail-order wrinkle cream. It seemed like giving up on the dream of staying put in the middle class. (My other dream to get rid of spider veins did go on hold, however, since that would cost thousands not covered by insurance, least of all our only-if-you-get-hit-by-a-bus stop gap plan.) My husband did finally get a job. But now I’m eying the wrinkle cream as a possible budget cut now that our older son is headed to college in a year.

And so, like many other Americans—mostly women—my face tells you my economic story: it’s OK, but it could be a lot better.

Like many families, we are working harder to stay in the same place. According to most statistics (CBO, etc) real family income for the vast percentage of us has been dropping since the 1970’s. During the same period, plastic surgery for the upper income –and even upper middle—group has grown exponentially. More than 14.6 million procedures in 2012, according to the American Society of Plastic Surgeons (ASPS). Americans spend more than $14 billion A YEAR on cosmetic surgeries and procedures. And boomer men are getting in on the action in order to “stay in the game”—i.e. find and keep meaningful work.

But apparently there’s hope for all of us without deep pockets to rejuvenate our looks and keep our visual brand young. Just as you can finance a college education, a house or a car, you can get financing for plastic surgery procedures! More than $1 billion of procedures every year is financed by companies such as medical credit cards (low intro rates, then they hit you with interest and fees), unsecured medical loans or even special doctor payment plans. Maybe there’s a face lift in my future after all?

Amy DeLouise, wrinkles and all, is a multi-media producer and branding consultant.

 

2014-ElonAfter 5 college tours in 3 days, I can tell you a lot about the best and worst of college marketing. We took our oldest on his first round of tours, and as a video and multimedia producer, I was particularly intrigued by the use (or lack) of audio-visual storytelling. One school got high marks for its all-visuals slide show supporting a dynamic speaker. He knew his material well, had gone to the school himself, and delivered lots of insightful anecdotes. He gave us some stats, too, but understood that those are easily found on websites and print materials, so he  focused on painting a vivid picture of the undergraduate student experience.

At another elite school—which shall remain nameless—the presentation couldn’t have been more different. The speaker said “uh” every other word. He held on a single slide for more than 3 minutes at a time–deadly! And each slide contained text in a poor layout so that while it was very large, it was still hard to read. Of the two videos he showed, one was a fun “trying to be viral” piece focused entirely on one athlete in one very popular (nationally recognized team) sport. It was cute. But the fact that it was 50% of the content shown conveyed the message that this particular team is central to the college culture, and maybe that was the intent. The other video we saw was supposed to be more all-encompassing about the university, but clearly had no script other than “get a bunch of students to talk to the camera and edit it all together as quickly as you can.” This video was filled with poor quality shots–blown out lighting, sound you couldn’t hear– along with a terrible “corporate” repetitive music bed that made it hard to follow. The editing was poor quality, too, and a last freeze frame was on the wrong field, resulting in a weird blur on a student’s face. What this show conveyed was “we’re such a great place that we don’t really have to invest in this video because you’ll probably want to come here anyway.” Mission accomplished.

The school that impressed my son the most likely did so in part because of its emotional, effective and high quality admissions video:

The #Elon video is effective for many reasons—I won’t bore you with a film lecture—but one of them is the original music being performed by students and the thoughtful edit sequences and camera setups. This is not just a mash-up blizzard of images of the school, but a story well told, and it had its intended effect on one prospective applicant. What it told his mom is this: we respect the story enough to approach filmmaking (and its various crafts of writing, directing, editing, music composition, etc.) with creativity and professionalism, just like any other academic discipline.

A school we didn’t see, but might on our next jog north, could be University of Rochester, which took a very different but equally compelling approach to an original music composition, with this well-made admissions rap video:

My take away from this experience is this: if you are marketing yourself, whether to prospective students, customers or donors, how you tell your story matters. A well-planned and executed project—whether a speech with slides, a rap video or a documentary-style piece—will convey your passion. A poor one undermines your message.

 

Creative Commons from allvectors.com

Creative Commons from allvectors.com

In a world filled with social media and mobile tools, your most powerful customer engagement device may actually be—the telephone! People rarely get personal phone calls these days (of course I’m not including those awful robo-calls and mass marketing). And the human voice brings so many more nuances to a conversation than a text or email. Plus, it’s more Efficient. I know, this sounds crazy. But here’s the thing: a phone call is Fully Interactive. It is way faster than emailing or texting. And it doesn’t have that annoying delay of Skype. That’s right, when I say something over the phone, you can respond Immediately, no waiting. And then I can respond to you Right Back!

Here are 5 ways to use your phone to ramp up your business:

  1. Key Deliverables. At any point where there are key deliverables in a project, I like to call the client. Is there anything we missed? Any concerns? Any new developments moving forward? I can’t tell you how many times I’ve learned information I’d never get in an email or through the many conversations we post on the cloud-based project management tool I often use.
  2. Setting Meetings. Have you ever been part of a spiraling email chain where people are trying to choose a meeting date and time? Huge time-waster! Put in a call to the key person, find out options, make a few other calls, done. Yes you can use a Doodle Poll. But people often hedge and put things down as “maybe” and then who knows where you are. So pick up the phone and set up your meeting now!
  3. Negotiating. Unless there is just one easy clause of a contract to adjust, any detailed negotiations should happen in person or by phone. You can more easily find out Why a party needs a particular clause. And you can better convey your own concerns and goals.
  4. Building Vendor Relationships. Building relationships with suppliers and team members is one of the most important things you can do to deliver better customer service. Having those conversations in person (you can still email backup in writing) is the best way to build and retain those connections.
  5. Thank You’s. Yes I often also Write These on a Notecard and send them. I know, that’s even more retro/radical. And yes, I send emails, too. But sometimes calling and saying “thank you”to a vendor or client in your real voice is yet another important human interaction that builds trust and long-term collaboration.

Amy DeLouise is probably on the phone, so you can also reach her on Twitter @brandbuzz, on Linked In  or via email at amy [at] amydelouise [dot] com.

It all starts in the field. Making sure that you have a good workflow for editing–and for managing multiple content outputs–is always a challenge. Here’s a presentation I gave at NAB with my colleague Rich Harrington that includes some of our top strategies and tools for edit prep.

Is it time for a change in your career path? Butterfly We all have those moments when we feel the seasonal shifts in our professional lives. Sometimes these are triggered by personal life events–children, aging parents, an illness. Often they are part of bigger trends in our industry (boy has my industry changed from the days of shooting on film to 4K cameras!).

The three keys to a successful personal re-brand are the same elements needed for any strong brand:  Storytelling,  Community,  and  Authenticity.

1. Storytelling. Everyone has a brand story–even individuals and small companies. So tell your story. And if your story now includes a new service, or a new focus, or a new location–tell THAT story.  How?

Curate & Share-Help people sort through the clutter in your new area of expertise by tweeting about a new study, or build and share a useful resource list. You could write a how-to blog post on the topic (and send an email to your clients to better share it). You could build an infographic on a new trend and pin it on Pinterest and share through other social platforms. And don’t forget to curate for yourself by following thought leaders in your new area of work.

Even better, let your Community tell your new brand story. See next paragraph!

2. Community. My friends Maddie Grant and Jamie Notter in their useful book Humanize say “Everyone has customers, stakeholders, suppliers, members, constituents…but not everyone can honestly say they have a community.”  I would turn that a bit and say you probably have a community you haven’t really thought about. It might be your religious community, it might be people in your neighborhood, it might be friends through a music group–you are connected to many different communities and can reach out to all of them to let them know what changes you’re making and enlist their help.

How? Your community can help promote your new website, or retweet your new posts. They can suggest new contacts for you, or post endorsements on Linked In.  And speaking of Linked In, try their nifty new “In Map” feature, that lets you visualize your personal networks (mine look like a squid–with the head being my digital media contacts, and the tentacles being all the different communities that I participate in through work and play).

3. Authenticity. One of the most important components of a successful brand today is that you are who you really are, across all platforms and networks. There once was a time when people had personal Facebook pages separate from their professional ones. Those days are gone. (That doesn’t mean you can’t segregate which posts go to all your “friends” and which ones stay amongst a select group–take the time to break out your friends groups in Settings, people!  Google+ lets you do this from the get-go–much simpler!)

So if you are making a career shift–be transparent about it. In fact, engage your Community with your evolving Story by crowd-sourcing ideas you can use in your new field, or location or area of expertise.  You can do this easily through social platforms. But you can also do it In Real Life! Talk to people and ask for advice and believe me, they will share.

And now your new personal brand will be connected to lots of other personal brands that are evolving, too.

Amy DeLouise is a digital content creator who consults on brands and is always evolving her personal brand. Follow her occasional tweets on the subject (and #nonprofits, #video, #food, #fastcars ) @brandbuzz.

 

Thanking donors through video has become increasingly popular. Too bad this effort from my alma mater falls flat.  Here are 4 ways to improve this student “thank you” from Yale. You can easily incorporate these strategies in your next video project.

1. Authenticity.  If the purpose of the video is to make donors smile, then it’s a fail. That’s because the students have obviously been asked to “look at the camera and say ‘thank you’.” We feel their awkwardness. Even throwing in the mascot dog doeLyndaAmyInterviewingCouplesn’t help. There’s a much better way to coax great performances out of non-performers. Have some conversations before you start filming. Don’t tell them exactly what to say. Give them context. Ask them some other questions first.  Ask questions that elicit the answer you need (“what would you tell a donor who made it possible for you to have heat in your dorm this winter?) rather than asking the subject “when I say go, say thank you”.

For more interview techniques, see my course on Lynda.com (The Art of the Interview). Here’s a snippet about building rapport.

2.Depth of Field. Every shot has students plastered against the same stone wall. What a missed opportunity to show off the campus and the students in their “natural habitat”! Lenses aren’t just fancy add-ons. They are vital storytelling tools. By adding context in the background of a subject, you convey meaning and increase impact on the viewer.Lynda2Amy

3. Energy.  Adding motion to the camera, and multiple camera angles, makes a HUGE difference in the energy and impact of a video.  Who knows why the Yale videographer felt he or she couldn’t move from that one spot. But one easy way to add energy would be following some of the subjects down the walkway (which would automatically create depth of field as we’d see action in the background).  I love having subjects talk while walking (or driving). Having different students pop up in a variety of places–the library, from behind a tree, from inside a classroom–would have added all kinds of energy to this piece. Plus alumns would have had a fun walk down memory lane seeing all these locations.  In this video about a Rabbi, we shot him walking, driving, leading prayer, on the telephone—all things he does in his very busy days.

4. Music. Music has a big impact on the impression your video makes. It affects edit pacing and rhythm. While the laid-back guitar vibe of the Yale piece is nice for a Friday afternoon Frisbee game, it doesn’t convey the dynamism of student life.  A catching music theme–and more variety in camera angles– leads to  (millions!) more views of this flash mob video from Ohio State (though I’m guessing they didn’t get music licensing rights for the song)

So before you launch into a “quick” video for any purpose, think about how you can use these 4 simple tools to add impact.

Amy DeLouise is a producer and consultant who has created hundreds of videos for fundraising and education.