Hollywood East Tax Credits A Hot Topic at CT Digital Media Business Conference

12 11 2009

Connecticut’s “Hollywood East” tax credits program played a prominent role in the 2009 CT Digital Media Business Conference, which was held on November 11 at UConn’s Stamford Campus.  Here are a few interesting notes on the State’s film and digital media industry and the controversial tax credit:

  • Various speakers stressed that the State must be consistent in its message and approach to attract film and digital media businesses to Connecticut.  The debates in the General Assembly over whether the tax credits are working as intended and changes to the credits appear to have left some uncertain as to whether State is committed to the incentives that were first enacted in 2006.
  • On the other hand, the current economic climate in Connecticut and throughout the country was discussed as a factor that caused the tax credits to be scrutinized more closely.
  • Building infrastructure to support the film and digital media industry is still a priority, and a necessity.
  • The video game industry was mentioned more than once as a segment that could be important to the State’s economy.  To this end, see Gregg Lallier’s post Connecticut Video Game Industry – Promise and Pitfalls.
  • Governor Jodi Rell’s announcement that she would not run for reelection did not go unnoticed.  First, Stamford Governor Dannel Malloy, who has designs on running for Governor, delivered the keynote address.  Second, the issue of jobs in the upcoming election could provide an interesting tie-in with the tax incentives for the production of film and digital media.

-Dan Fitzgerald





General Assembly Seeks Greater Return on Hollywood East Breaks

6 04 2009

The Senate Committee on Commerce has pushed forward a bill that would fine tune the state’s “Hollywood East” laws, which provide tax breaks for the in-state production of films and digital media – including video games, infomercials, and interactive websites.

Substitute Senate Bill No. 249 requires that at least 50 percent of the total production of digital media or film be conducted in Connecticut to be eligible for the tax break.  Current law requires that only 30 percent of the total work be produced in state.

 The General Assembly’s continued interest in Hollywood East likely reflects the economic downturn in Connecticut and beyond.  The state of the economy paired with the retirement of Jim Amann, former Speaker of the House, has resulted in a closer analysis of financial ramifications of the Hollywood East tax breaks.  As a result, Connecticut residents will continue to see additional legislation aimed at ensuring that those benefitting from these tax breaks are returning significant dollars to Connecticut’s economy. 

Stay tuned for more on the misnomer of “Hollywood East” this week.

-Dan Fitzgerald





Connecticut Video Game Industry – Promise and Pitfalls

19 03 2009

As Connecticut has transitioned from being a manufacturing state, it is the high-technology development industries that present the best opportunities for business development.  One such high-tech industry that could prove to be growth sector in the state, even during the current market downturn, is video game development. 

Although not currently a significant piece of the Connecticut high-tech landscape, in recent years, the state has taken steps to try to attract video game development companies.  In 2006, the state established tax credits for the production of digital media and motion pictures in Connecticut, and “qualified productions” included video game productions.  A video game development company that produces in the state is entitled to a tax credit equal to 30% of those of its production, pre-production and post-production expenses incurred in the state that exceed $50,000 (See details from The Connecticut Commission on Culture and Tourism).

Brandon Curiel, President of Venan, highlighted the importance of the tax credit program for video game developers in a recent interview with WFSB (“Gaming Co. Pushing To Keep Tax Credit”, February 11, 2009).  Venan is located in Cromwell, CT, and produces video games for cell phones and other handheld devices.  Mr. Curiel fears that the recent fiscal and economic conditions of Connecticut could result in such tax credits being taken away, which would have the effect of curtailing Venan’s business expansion (“Venan, for example, hopes to hire about six more people this year, he said, but it can’t without the tax credit”).

About a year ago, Kristin Kalning (games editor at MSNBC.com) explored whether the unique nature of the video game industry insulated it from economic downturns (“Is the video game industry recession-proof?”, March 7, 2008).  Back then, many analysts and those in the industry were optimistic that the industry was in a better position to weather the storm, analogizing the industry to theaters during the Great Depression when people were “willing to spend a quarter per person to forget about their troubles for a few hours”.

Ms. Kalning has taken a look as to how those predictions held up during the past year in a recent article (“Economy has game-makers honing strategies”, March 2, 2009).  The news for the video game industry during such year was that it did particularly well during 2008, but was not totally recession-proof.

First, the good news: Overall revenues in the U.S. game industry topped $21 billion in 2008, up 19 percent from 2007, says the NPD Group. What’s more, year-over-year sales for January were up. That’s quite a feat in this dreary economy.

But even though games are faring better than, say, the auto industry, “that doesn’t mean that there’s not pain, and it certainly doesn’t mean that there’s not winners and losers,” says UBS analyst Ben Schachter.

The unique nature of the video game industry in general during volatile market conditions, along with the financial (i.e. tax credits) and “intangible” (e.g. nice place to bring up a family) benefits that the state can provide, allows for some promise in the growth of the video game industry in Connecticut.  Such growth would help to diversify Connecticut’s tax base, attract highly-skilled/educated workforce (stop the “brain drain”) and promote investment by angels, venture capitalists and strategic acquirers/partners.  However, there are pitfalls, the first and foremost being any elimination of the tax credit by the state in its attempts to solve its current fiscal crisis.

- Gregg J. Lallier





A Statutory Right of Publicity in Connecticut?

16 03 2009

 

 

One of the more intriguing intellectual property bills to be introduced in the General Assembly this session already appears to be dead.  Proposed Bill No 5238, “An Act Concerning a Right of Publicity,” was intended to create a statutory right of publicity, incorporating elements of the common law right to privacy.  The right of publicity is generally defined as an individual’s right to control and profit from the commercial use of his/her name, likeness and persona.  The principle purpose of this body of law is to protect the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual’s identity.

 

Although this bill is unlikely to become law this session, the intended purpose of the bill is of great interest.  The General Assembly may have been attempting to create additional legal rights to operate alongside the aforementioned Hollywood East tax breaks, thus creating a more attractive location for filmmakers.  The proposed bill could also be intended to protect the actors and celebrities who reside in Connecticut but may be forced to rely upon courts in other states to protect their rights of publicity.  Or, the intended law may have been intended to protect members of the University of Connecticut athletic programs, in particular UConn basketball coaches and players, many of whom are national figures with valuable rights in their respective personas.

 

A Michigan attorney, writing in support of a statutory right of publicity, described the practical effect of his state’s lack of legislation on the topic:

 

Not having a right to publicity statute in Michigan leads to one result: exporting Michigan celebrities to other jurisdictions…inaction does not curtail the right of publicity, but merely constrains economic opportunity.

 

Jeffrey Richardson, “Michigan Needs a Statutory Right of Publicity”, Michigan Bar Journal, September 2007.

 

Considering Connecticut’s desire to become a player in the filmmaking industry, the celebrities that call this state home, and the nationally recognized coaches at athletes at UConn, the General Assembly can certainly justify the implementation of a statutory right of publicity.  Otherwise, those with economic interest in their rights of publicity will have to look outside of Connecticut to enforce those rights.

- Dan Fitzgerald








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