	Copyright & Contracting Toolbox

	Production Kit

Step 1: Scope the project

The first stage of the five-step process is to describe the scope of the Project. This stage simplifies the task of identifying the rights to be cleared and the issues to be addressed throughout the Project.

The Project description should include at least the following details:

1.1 What will be done

A general summary of the Project, setting out the main work to be performed, the company and individuals involved, the time frame, venue and any background to the project.


		Key elements of the Chunky Move PAML Pilot Project : Making Chunky Move : Chunky Move created a CD ROM/Web Hybrid that broke down the performances of the dancers and choreography into minute detail. To accompany this product Chunky Move also produced a 24-minute documentary.
		Case Study: Chunky Move

Products	CD ROM/Web Hybrid; Documentary
Performance	C.O.R.R.U.P.T.E.D.2
Personnel	Dancers, Choreographer, Writers, Costume Designer, Set Designer, Lighting Designer, Cinematographer, Director, Producer, Editor, Commentators, Multimedia Artist
Timeframe	Pre-Production: 3 months Production: 3 months Post-Production:4 months
Venue	Malthouse Theatre, VCA dance studio, Chunky Move Offices
Background	The products will be created as part of the PAML Pilot Project. The PAML Pilot Project is jointly funded by the Commonwealth and Victorian State Governments through DOCITA, Multimedia Victoria and Cinemedia. The production process will be used as a case study to explore copyright and moral rights issues in new media.

1.2 Who will be involved

The writers, artists, designers, musicians, composers, performers, directors, producers, assistants, contractors and others involved in the project, particularly those considered to be 'creative' contributors.


		Contributors to the Making Chunky Move Project : In the Making Chunky Move Project the choreographic work C.O.R.R.U.P.T.E.D 2 was the original work on which the program of products were based. In a complex multi media work a range of contributors can be involved in a project. The contributors in the Chunky Move project were identified as follows:
		Case Study: Chunky Move

Live Performance	Recording of Performance	CD ROM/Website
Choreographer	Choreographer	Multimedia Producer
Original Commissioning Agent	Composer	Scriptwriters
Projection Designer	Cinematographer	Producer
Set Designer	Editor	Education Textwriter
Industrial Designer		Choreographer
Producer		Performers
Executive Producer		Composer
Composer		Lighting Designer
Lighting Designer		Set Constructor
Costume Designer		Stage Manager
Costume Constructor		Production Manager
Set Constructor		Administrator
		Audience and Corporate Development Manager
		Cultural Commentator
		Pilates Instructor
		Rehearsal Instructor

1.3 Pre-existing materials that will be used

Any pre-existing works and other material to be used. For example, the book or play to be performed, the music to be used and documentary materials to be reproduced.


		Chunky Move pre-existing material in the Making Chunky Move Project : The pre-existing material in the Making Chunky Move project included the original C.O.R.R.U.P.T.E.D 2 choreography, music and design. Pre-film footage from WET (a Chunky Move /ABCTV co-production) was also incorporated in the products.
		Case Study: Chunky Move

1.4 New materials that will be created or adapted

For example, commissioned music, choreography, set designs, graphic design, animation and customised software. Include arrangements or adaptations of existing materials.


		Chunky Move: new material created or adapted in the Making Chunky Move Project The Making Chunky Move Project saw the company create a CD ROM/Web Hybrid and a documentary. In creating the program Chunky Move incorporated a range of new materials including new composition sound design and graphic design. The interactive elements in the Website and CD ROM required customised software.
		Case Study: Chunky Move


		MSO : new material createdStuart Greenbaum was commissioned to compose a work for the MSO education program through a Symphony Australia Commission. The work was commissioned specifically for interactive online delivery.
		Case Study: MSO

1.5 Products that will be produced

For example, interactive CD ROM, digital video, Website, music CD, film documentary, advertisement, promotional material, etc.


		The products produced in the PAML Pilot Project : The following chart outlines the range of products that the companies created as part of the PAML Pilot Project.

Arena Theatre Products	Chunky Move Products	MSO Products	NYID Products
Documentary	CD ROM /Web Hybrid	Interactive Website	Documentary
Digitally encoded documentary	Documentary	Documentary	Digitally encoded documentary
CD ROM	Digitally encoded documentary	Digitally encoded documentary
Website
Audio CD
Cinema advertisement
Promotion video

1.6 How the products will be used and commercialised

Intended use and commercialisation paths, including commercialisation by the company and commercialisation by third parties under licence from the company. For example, sale or rental of CD ROMs and videos, sale of broadcast and pay TV rights, sale of Internet rights, sale of video-on-demand rights, etc.


		How the companies' products will be used and commercialised : It was intended that the program of products created by the participating companies would be distributed across multiple electronic platforms including broadband networks (e.g., as part of Cinemedia's SWIFT Digital Media Services). The SWIFT digital media delivery system will provide users with online access to digital video titles on demand via commercial broadband delivery networks that have been developed through a research trial with Monash University and Silicon Graphics.

The PAML Pilot Project encouraged the companies to consider a wide range of media through which their work could be distributed including new broadband and video-on-demand delivery mechanisms.

Table of products and the intended distribution
Arena Theatre Company
CD ROM	Direct Sales, Web, Direct Mail, Performance Venues and Educational Conferences
Audio CD	Broadcast (Radio), Direct Sales, Web, Performance Venues, Direct Mail
Cinema advertisement	Cinema (could also be used as general promotion on Free-To-Air, Cable, Web)
Documentary	Free-To-Air, Cable, Film festivals
Digitally encoded documentary	Broadband delivery (SWIFT Digital Media Services: Video-On-Demand
Promotional video	Promoters, Presenters, Producers, Funding bodies, Film festivals
Chunky Move
CD ROM /Web Hybrid	Direct sales: Performance venues, Web, Direct mail
Documentary	Free to air, Cable, Cinema
Digitally encoded documentary	Broadband delivery (SWIFT Digital Media Services: Video-On-Demand)
MSO
Website	Web
Documentary	Web, Free-To-Air, Cable
Digitally encoded documentary	Broadband delivery (SWIFT Digtal Media Services: Video-On-Demand)
NYID
Documentary	Web, Free-To-Air, Cable
Digitally encoded documentary	Broadband Delivery (SWIFT Digital Media Services: Video-On-Demand)

1.7 Issues of artistic integrity likely to arise

Aspects of the project that might prejudice the reputation of particular creators need to be considered. For example, editing, distortion or manipulation of any content in the course of creating the product, and interactive aspects of a product, particularly where there is potential for end user manipulation and distortion. As part of the PAML Pilot Project the companies were required to consider moral rights management strategies as part of the contracting process.


		Issue of artistic integrity that arose in MSO project: The interaction in the MSO Website allowed the composition and performances of musicians to be altered by the user, hence a musical score could be rearranged into discord. To allay artist fears, participants in the project were shown a demonstration of the final products. This allowed artists to view and become more comfortable with the various incarnations of their performances as they would appear on the interactive Website.
		Case Study: MSO


		Issue of artistic integrity that arose in the Making Chunky Move Project : The Chunky Move CD ROM/Web Hybrid employed the latest 3D motion capture and VRML technologies, which enabled the performances of the dancers to be filmed and transferred into digital form onto a CD ROM and Website. The derivative skeletal and animated versions of the dancers were the subject of the interactive component of the CD ROM/Web Hybrid. Sections of the animated sequence on the Website were designed to allow the end users to re-choreograph material. At the beginning of the PAML Pilot Project Chunky Move raised these issues with the dancers in relation to the potential effects on the integrity of a performers' work. Performers had concerns with the potential for re-purposing and manipulation of images into a form which could degrade their image and performance.
		Case Study: Chunky Move