Established in 2011, the Indie Film Clinic, now called the Filmmakers Legal Clinic (FLC) at the Center for Visual Advocacy, remains a remarkable and genuinely unique resource for the filmmaking industry. Cardozo retains its leadership position as providing the only law school clinic on the East Coast that offers free transactional and intellectual property legal services to filmmakers – an invaluable service to independent filmmakers wrestling with tight budgets and in need of legal expertise. At the same time, Cardozo’s Filmmakers Legal Clinic is a one-of-a-kind- blockbuster, providing urgent transactional legal training and hands-on experiences that allow students to witness the entire creative business of making and distributing a film.

But not just any kind of film. The Filmmakers Legal Clinic represents filmmakers whose work focuses on the pursuit of social justice and public interest. Under the supervision of Professor Greenberg-Kobrin, students work with filmmakers on a broad range of legal matters needed at a given moment. FLC is staffed entirely by students, some of whom have experience with filmmakers, which allows them to better connect with clients and continue to pursue their passion for film.

The Center for Visual Advocacy’s Strategy for Impact

We work at the intersection of law, film, and social justice. With visual media nearly ubiquitous and calls for social justice reverberating loudly, this area is of vital importance—and growing. The Center for Visual Advocacy (CVA) at the Cardozo School of Law aims to be at the center of this developing field. The CVA’s mission is to advance visual advocacy by amplifying under-told stories and by educating and empowering the filmmakers getting these stories told.

One major way that the CVA empowers visual advocacy filmmakers is by providing free legal services through The Filmmakers Legal Clinic (FLC or Flick). Drawing on the strengths of Cardozo’s Intellectual Property and Information Law Program, one of the highest-ranked IP programs in the country, the Filmmakers Legal Clinic was established in 2011 (as the Indie Film Clinic) to aid independent filmmakers in New York City. To date, Cardozo students in the clinic have represented over 90 independent, documentary, and student films, many of which have gone on to appear in leading U.S. and international film festivals including Cannes, Sundance, SXSW, the Tribeca Film Festival, the Los Angeles Film Festival, Hot Docs, and DOC NYC. Over the years, the clinic’s focus has shifted more prominently toward social justice— making its home at the Center for Visual Advocacy a perfect fit.

The Role of Visual Advocacy

Visual advocacy is the use of film media to portray issues and stories, in a way that creates a shared language with the viewer and makes room for empathy and understanding.

While impact litigation or new legislation might technically change the law, it may not change peoples’ opinions. A significant part of social justice advocacy is from telling important, unheard stories—and moving the hearts of minds of the country. For example, consider the different reactions to Roe v. Wade and Brown v. Board of Education. Although Roe gave a constitutionally protected right to choose, public opinion was not changed and divisive fights rage on even fifty years later. With Brown, we do not see divided national opinion. The debate of racial segregation is settled. This highlights how important advocacy is in the social sphere, not just the legal or legislative. That is what visual advocacy does.

Moreover, visual advocacy can do important work before any court case or legislative action—changing the environment in which these cases are brought and the legislation is drafted. A more receptive environment could lead directly to a better, more inclusive solution.

Things we see change our perception of the world and how we interact with those around us. Consider the horrific video of George Floyd’s murder. Consider the increase of LBGTQ+ representation on television. The impact of visual exposure is enormous—and can lead to not only legislative and legal changes but, crucially, to a greater understanding of the problem.

Challengers for Filmmakers / Social Justice Advocates

The cost of making a film has plummeted as technologies have advanced. Cameras are not only very mobile, but tiny ones are embedded in nearly all our devices. With these financial hurdles removed, filmmaking has been opened to many whose stories have largely gone untold. The excitement in the space is contagious. A new generation of filmmakers want to represent more people of color, people with mental health challenges, people with disabilities, and people in the LBGTQ+ community. These filmmakers want to represent people with disruptive views, people with challenging backstories, and people outside the mainstream conscious. These filmmakers want to represent themselves.

But the legal costs of filmmaking did not lower with the technological achievements. Arguably, the legal hurdles rose. These filmmakers not only have to worry about tricky legal concepts like libel and defamation, they also have to navigate the minefield of copyright law while we live in an undulating sea of images. Beyond that, these filmmakers need to raise funds, which could implicate securities laws or at least require some diligence for a bank loan; and they should enter into binding contracts with anyone else working on or appearing in the film—raising questions of contract drafting. With these challenges, creating a legal entity as a production company versus operating as a sole trader becomes even more important—presenting yet another legal issue.

At FLiC, we do not want these important stories to get lost in the quagmire of legal issues. Therefore, we aim to bring down the legal costs of filmmaking so that the door can be thrown wide open for stories of all types to make their way to the screen.

FLC’s Strategy for Impact

At the Center for Visual Advocacy, we believe in the power of visual media to effect social change. Therefore, we both promote works that highlight a social problem, represent the underrepresented, or otherwise sew unity through the media. We aim to distribute these works to a broad audience, by working with educational institutions, film festivals, and other partners. We also support the filmmakers doing this meaningful work, by providing free legal services through the Filmmakers Legal Clinic. We help media artists and filmmakers navigate contractual, legal, and business issues so that these important films can be made and distributed. FLC provides educational services, an informative “know your rights” website, form contracts and documents, general guidance, and individual client representation. We aim to educate and empower these creators.

2019-20 Project Highlights Year at a Glance The clinic served 38 clients in 2019-20, bringing the total number of filmmakers represented to over 206. During the COVID-19 pandemic, the clinic worked on approximately 31 different projects. Of these projects, approximately 65% were directed or produced by filmmakers from backgrounds traditionally underrepresented in the industry.

Trans in America wins Emmy

Trans in America: Texas Strong, the story of a six-year-old transgender girl in Texas, won the Emmy for Outstanding Short Documentary in 2019. The project had been in the clinic for a few semesters and provided students with a wide range of legal issues to tackle, including E&O insurance, Fair Use, and contract drafting.

Farewell Amor wins 2020 Sundance Institute Producer’s Award On behalf of producer Huriyyah Muhammad, Clinic client Farewell Amor picked up the Producer’s Award at the 2020 Sundance Film Festival. In addition, Farewell Amor sold the North American film rights to IFC Films. Farewell Amor tells the story of a man named Walter who is reunited with his family in New York City after being exiled from his home in Angola for 17 years. Clinic students formed an LLC and drafted various agreements.

Boxers of Brule shown at Big Sky Documentary Film Festival

FLC client Jessie Adler and her film Boxers of Brule debuted at the big sky festival in Missoula, MT on February 18, 2020. Boxers of Brule tells the story of Shaionna and her girls boxing team on the Lower Brule Sioux Reservation. Clinic students drafted agreements, formed an LLC, and advised on distribution and licensing.

NYCWF Workshop: Legal Basics Every Filmmaker Should Know

Professor Greenberg-Kobrin presented to NYC Women Filmmakers about a variety of legal issues, including entity formation, copyright law, and negotiations. NYCWF advocates for inclusion and magnification of underrepresented filmmakers, and leadership members include clinic clients.

Miranda Family Foundation Presentation A presentation to the 2019 and 2020 Miranda Fellows, a group of multi-hyphenate diverse artists. Michelle Greenberg-Kobrin presented an overview of legal issues that artists must keep in mind as they build their body of work

Collaboration with the Ghetto Film School

Clinic students held trainings both in person and virtually with the Ghetto Film School, an extremely well-regarded film program based in the Bronx. The Ghetto Film School works with young urban filmmakers, from high school and beyond, and teaches them the skills of filmmaking and digital media as a way to provide support, education, career opportunities, and advancement for urban youth and diverse filmmakers.

NYU Production Labs legal training

The Clinic and NYU Production Labs have formed a productive partnership, resulting in a reliable pipeline for clients from the NYU graduate film. Clinic students provided legal services in a pop-up legal clinic, and students in the Advanced FLC provided monthly legal training classes at NYU Production Labs. These training classes became required for some film professors at Tisch.

Sundance Institute pop up legal clinic

Students from both the advanced legal clinic and the filmmakers legal clinic met with groups of Sundance Institute Fellows from both the documentary and fiction programs to provide legal guidance on their projects.

Recent Film Projects

Scout’s Honor Scout’s Honor is a documentary that tells the story of a victim of a lifetime of sexual abuse at the hands of a scout leader. The film examines a culture of abuse and cover- up on the part of a particular local division of the Boy Scouts, the victim’s search for justice, and the impact of abuse on both children and adults. The Clinic took on this film just prior to the filing of a national lawsuit related to abuse in the Boy Scouts of America.

Special Special is a documentary that follows three American athletes during their time competing in the Special Olympics. The main protagonist is autistic, and the film explores our society’s understanding of mental and physical ability and the strength and inspiration of those who strive for greatness despite setbacks.

The Often Forgotten The Often Forgotten tells the story of boys and men who are victims of sex trafficking and the global attempts to thwart these traffickers, as well as the political and economic forces that protect them.

Miles to Go Before She Sleeps Miles to Go Before She Sleeps is a full-length documentary following a Chinese activist and her quest to combat the dog meat industry in China. Clinic students completed a fair use analysis and edited the project’s LLC Operating Agreement.

Still Our BEDSTUY(C) Still Our BEDSTUY(C) is a full-length documentary following the lives of three artists living in the Bedford-Stuyvesant neighborhood of Brooklyn, NY. Students edited Appearance Releases for individuals shown in the film and completed a full fair use analysis of third-party copyrights and trademarks, third-party music, and appearance- related issues.

Alumni Spotlight: Jessica Bookout ‘19

Jessica Bookout joined Bruns Brennan & Berry, PC in 2019 after graduating cum laude from the Benjamin N. Cardozo School of Law. Bookout began her legal career as a legal intern for FilmNation Entertainment and later served as a summer associate at Gray Krauss Sandler Des Rochers LLP, where she helped to structure and draft production, talent, and music agreements for the intellectual properties of filmmakers and music artists. During her time at Cardozo, Bookout served as an Associate Editor at Cardozo’s Arts and Entertainment Law Journal, as a member of the Indie Film Clinic, and as a student member of the New York City Bar Association’s LGBTQ Committee. Prior to law school, she earned her Bachelor's degree from the University of Georgia.

Where has your career path led you since graduating from Cardozo? Since graduating from Cardozo, I've worked as an associate at Bruns Brennan & Berry, PC.

Can you tell us more about your current job? The firm represents production companies, studios, and other filmmakers, including Jax Media and BRON Studios. I've been lucky enough to draft and negotiate agreements for major motion pictures and some of my favorite television shows under the supervision of the partners at the firm.

What was your experience like in the Indie Film Clinic? The Indie Film Clinic helped me to gain insight into how to maximize and conceptualize bargaining power during negotiations and provided me with experience in representing real-life clients.

What advice would you give to current students? My advice to any current students would be to gain as much work experience as you can while you're still in law school. Additionally, if you want to work in film or television, develop opinions about as many new films and shows as you can. Building relationships is critical in this industry, and everyone appreciates someone who respects the craft.

Experiential Learning and Clinical Practice during COVID-19

The COVID-19 pandemic presented significant, but not insurmountable challenges to the clinic and its students. Cardozo transitioned to remote learning in early March, and Professor Greenberg-Kobrin and her students were quick to adjust. Described by her students as a “Zoom Expert,” Professor MGK seamlessly brought her entire curriculum over to Zoom. Breakout rooms and screen sharing were useful tools from the outset. Although the transition was smooth, students missed the camaraderie of the in-person seminar, as well as the ability to take advantage of Professor MGK’s always open office door.

Otherwise, the Clinic was in a very good place to operate successfully in a remote format. Much of the legal work Clinic students performed was already done outside the classroom, and student partnerships were already adept at collaborating remotely. Students also noted the ease with which they scheduled client meetings when there was no pressure (or desire) to travel to meet in person. Although clients had issues with funding and film festivals being cancelled or indefinitely postponed, the Clinic still maintained a successful year.

So successful, in fact, that the Clinic saw an uptick in demand during the pandemic. When filming shut down, filmmakers took advantage of the extra time to get their legal affairs in order. Further, community partners and film festivals, in an attempt to keep their programming available and constituents engaged, requested more training and support through the summer months. We’ve thus kept more students working through the summer than ever before. The Clinic maintained this momentum through the fall semester, and joins the rest of the world in hoping for a quick return to normalcy.

Film Profile: Marisol

Marisol tells the story of the film’s title character and her young daughter as they try to make their way in New York City. While borrowing a friend’s car to take fares on a ride-sharing app, one of her passengers accuses her of being undocumented. What follows is Marisol’s worst nightmare. The film was inspired by a nightmare writer and actor Tim Eliot had involving a dystopian future where not having your “papers” could lead you into serious trouble[.] When Tim woke up, he was relieved that this was not his reality, but realized his dream was a “subconscious expression of my fears for my [BIPOC] neighbors, friends, teammates, acquaintances, and more.” By writing Marisol, Tim hoped viewers will connect with the characters and reconsider political narratives around immigration. Zoé Salicrup Junco, director and associate producer, hopes the film encourages empathy among viewers: “You don’t need to be an immigrant to understand what immigrants go through. We have all experienced a sense of displacement. . . .”

The film premiered at the San Diego Latino Film Festival in 2019, and has since been shown at festivals across the world, including the Visioni Corte International Film Festival in Gaeta, Italy, the Red Carpet Human Rights Film Festival in Gaza, and the Festival de Largos y Cortos de Santiago in Santiago, Chile. The Huffington Post gave Marisol an Impact Award, and the film won Best Short at the Downtown Urban Arts Festival. The film is currently streaming on HBO.

The filmmakers reached out to FLC after receiving their offer from HBO. Clinic students assisted the team with this process. Describing the student lawyers, Tim said, “they understood that we had limited experience with licensing films, and needed plenty of things explained to us. And they expressed a genuine belief in the film and its message, which meant we always felt like a team working toward a common goal.”

FLC Leadership

Michelle Greenberg-Kobrin Clinical Assistant Professor of Law Director of the Filmmakers Legal Clinic

Michelle Greenberg-Kobrin is a Clinical Assistant Professor of Law and the Director of the Filmmakers Legal Clinic. Professor Greenberg-Kobrin served as the dean of students at Columbia Law School from 2005 to 2016, where she also taught courses in deals, negotiation and leadership. Prior to her work at Columbia Law, she was an associate at the New York office of Arnold & Porter, where her practice focused on international corporate and securities matters, mergers and acquisitions, sovereign debt issuances and financial institutions. Professor Greenberg-Kobrin also serves as senior fellow and director of the Leadership Program at the Heyman Center on Corporate Governance

Haley Sylvester Clinical Fellow at the Filmmakers Legal Clinic

Haley Sylvester is the Clinical Fellow at Cardozo Law School’s Filmmakers Legal Clinic. Before joining FLC, she served as counsel to former Commissioner Robert J. Jackson, Jr. at the U.S. Securities and Exchange Commission, and then became a Research Fellow at the NYU School of Law’s Institute for Corporate Governance & Finance. Before joining the SEC, she served as law clerk to the Honorable Pierre N. Leval on the U.S. Court of Appeals for the Second Circuit. Previously, she was an associate at the law firm Wachtell, Lipton, Rosen & Katz. Haley is a graduate of Vanderbilt University (B.A.), Columbia Law School (J.D.), and the London School of Economics (LL.M.). She has also studied at Sotheby’s Institute of Art

Ryan Grandeau