“When I attended film school, it dawned on me and my fellow students that the key to a successful pitch lay in addressing the salient issues of distribution,” writes lawyer and film aficionado Charl Groenewald in the introduction to his book The Laws of Movie-Making. The book deals with the nuts and bolts of the production and distribution of independent filmmaking in South Africa and, while it is not a guide for better artistry, it will help hopefuls gain valuable insight into their rights in the film workplace.
Groenewald is a practising attorney specialising in entertainment law. He studied film production at Technikon Pretoria and, after a stint in Los Angeles, returned to South Africa. Today he lectures media law at the Tshwane University of Technology and runs the resource website www.entertainmentlaw.co.za.
Describe yourself in a sentence.
I failed this question in my psychometric test at school and I still don’t have the right answer.
Describe your book in a sentence.
A business and legal manual for filmmakers.
What was the originating idea for the book?
I was a film student, facing the same uncertain future as my peers. We knew all about the art and craft of filmmaking, but nothing about the business of film. We did not know how films were marketed, sold or distributed. The industry also does not offer articles, apprenticeships or experiential learning opportunities for graduate or aspiring producers.
When you walk out of film school, you’re on your own. Unfortunately, you don’t have much leeway to learn from your mistakes as mistakes in filmmaking tend to be expensive and career-ending. And many mistakes result from a lack of understanding of this complex business.
Trying to make my way in the independent film industry without this business knowledge was incredibly frustrating. Knowing how to sell, market and distribute a movie is critical for a filmmaker — and I didn’t have a clue.
I was simply fed-up with not knowing. I needed to understand everything that pertains to this industry. However, there were no proper information sources in South Africa. I started learning by attending international courses, the Los Angeles Film Market, obtaining very “informal” employment in Hollywood and importing my own (costly) reading material.
I also learned from my own attempts at producing films. And so my knowledge about the business of film grew.
After being admitted as an attorney, I began presenting short courses at the Tshwane University of Technology (TUT) Film School. Having lectured for about four years, a book was the next logical step.
Describe the process of writing and publishing the book. How long did it take?
The book itself was written very quickly, but the process of obtaining the information (even though I did not intend to write a book at the time) took years. The book incorporates my experiences and knowledge obtained in the industry, in Hollywood, in legal practice and a vast number of other fields. Much of this had already been compiled while preparing for my lectures and seminars. So when I sat down to write, I had most of what I needed at hand.
I was fortunate in that the first publisher I pitched my idea to — Van Schaik — immediately bought into the concept. They gave me tremendous support and their overall efficiency was intimidating. My editor, Lydia Reid, was incredible. All I had to do was write the book.
What made you go into entertainment law as a career?
I studied filmmaking because it’s my passion. I studied law because it is “a real job”. The subsequent combination evolved naturally.
What is the purpose of self-help books on legal issues? Can they really help people “read between the lines”?
No. Never. And the purpose of this book is not to assist filmmakers in solving their own legal issues either. Its purpose is to explain the business of a very complex industry to people in a manner that will help them to avoid its pitfalls. It is aimed at helping them to identify the potential legal issues and to alert and instruct their attorneys properly.
How do you see the future of South African filmmaking?
We have enormous potential that we are seemingly simply refusing to exploit. We insist on making politically, socially and culturally “relevant” and “correct” films, but these alone can’t grow our industry. There is never an embarrassing low B-grade action movie around when you need one. The industry is about commerce and if we cannot properly exploit the commercial market, we cannot build the industry. However, this does seem to be turning around slowly.
I am hugely inspired by the way in which film education is advancing. What Leon van Nierop is doing at the TUT Motion Picture Academy, for example, is incredible. M-Net also deserves enormous credit for the support it provides by broadcasting a number of the students’ short films.
What are you reading at the moment?
Modesty Blaise. It’s bloody brilliant, although I probably shouldn’t acknowledge that in public!
Is there anything you wish to add?
There are enormous opportunities for film in South Africa. The rest of the world is taking advantage of this, so why don’t we? Not only can we exploit the exchange rate, but there is section 24F of the Income Tax Act; there is the department of trade and industry’s film and television production rebate; there is the National Film and Video Foundation’s development and production funding schemes; and there is the Industrial Development Corporation’s commitment to assist productions with venture financing. However, only once we understand this business will we be able to compete with the best.