For the Film Makers

[Electric Goose (Egg)]

This seems like the perfect venue to ask questions about a situation I find myself in. <BR> <BR>A friend of mine wrote a script that centralizes around an event in the life of another friend. (I’m being vague for a reason, sorry…) A studio picked up the script. A third friend, by virtue of his own talent, landed himself a job on the production. <BR> <BR>I’m sure the filmmakers here understand the hours of negotiations that go into a project like this. I sat with my friend the scriptwriter while he talked with his manager about potention changes to the script. Only hearing ONE side of the convo, I wanted to climb through the phone and throttle the guy. I can't imagine the copious amounts of humility that must go along with seeing a film through to the end. <BR> <BR>Deals were made and the studio generously offered a large amount of cash to the children of my “event” friend. Even two who weren't yet born at the time. More negotiating was done and an offer to film the “making of” was made to one of those children, who is now a young man aspiring towards independent film making. <BR> <BR>Said young man threw such a wingding at the "pitiful" offer and basically pissed away the job as well as the cash for himself and his siblings. <BR> <BR>Seriously, if I wanted to launch a career in independent films, wouldn’t padding my resume with such a first film endeavor be a good thing, if not a GREAT thing? As well as a big chunk of change to use in making my first independent film?? (we're talking 10K) <BR> <BR>Said young man had me convinced, at one point, he felt this film should not be made because it would hurt his family reputation too much. More or less, his mother’s good name. I disagreed, but I believed that was how he felt. <BR> <BR>The reality is he is attacking the three men mentioned above because he wants, not a bigger piece of the pie, but a large amount of free cash. They worked hard to get him what they could and he pretty much slapped them in the face for it. I don’t see how name calling and finger pointing would inspire ANYONE to fight harder to get someone like that “more.” <BR> <BR>In my opinion, if he’d wanted more then he should have gotten off his lazy butt and gotten himself in as part of the negotiating team. Trouble is, that involves a certain amount of trust earned. He proved during the filming of an earlier project that trust and loyalty were not in his vocab. <BR> <BR>I think he should have graciously taken the offer to film background. But he isn’t interested in ANY kind of work. Not even sitting in a boardroom talking dollars. He’s been carrying on about his “independent film” for three years now. <BR> <BR>As film makers, who know the ins and outs of all this – tell me – am I nuts for thinking HE is nuts?

[Lord of the Pants (F_U_N_G_U_S)]

Here's what you do: <BR> <BR>1] Get a big stick <BR> <BR>2] Tell your friend, "Friend, you're living in a fantasy world!" <BR> <BR>3] Proceed to whack your friend with said big stick from item 1 <BR> <BR>4] Then tell your friend, "THAT's reality. Deal with it."

[The Wizard of Oz (Mike)]

You're not nuts. <BR> <BR>Your screenwriting friend is obviously new to the business and isn't aware (until now) of the problems of having as the base of the script, a real person or situation. The rule of the game is, "cover your ass". This is where the Entertainment Attorney earns his salary. <BR> <BR>In situations like this, a specific release form is used. This protects everyone from the supidity, vanity, or greed of the one the story is about or alluded to, their families and even distant relations looking for a quick buck. <BR> <BR>Your writer friend should've contacted the Writers Guild, or Allan Issacman (attorney in Beverly Hills) to be aware of the pitfalls before attempting to write about a living person. The living person should've been aware of the script and okayed it in writing before your friend sent the script out. Now he has the benefit of 20/20 hindsight. The rule of thumb, even when writing about yourself, is to fictionalize the story, so it becomes about nobody in particular. <BR> <BR>More often than not, no money needs to change hands if the right proceedures are taken, the subject is fully aware he's being written about, and appropriate release forms are signed. <BR> <BR>He should be grateful he got any offer of renumeration at all. If Judge Judy looked at the situation, she'd recommend an agreed-apon fee be reached and the writer fork out the money, as is implied in the writers agreement your friend signed with the producer(s). <BR> <BR>Writer "...shall indemnify and hold harmless Company (and its affiliated companies, successors, assigns, and the directors, officers, employees, agents, and representatives of the foregoing) from any damage, loss, liability, cost, penalty, guild fee or award, or expense of any kind, including outside attorney's fees (hereinafter “Liability”) arising out of, resulting from, based upon or incurred because of a breach by Lender and/or Writer of any agreement, representation, or warranty made by Lender and/or Writer hereunder." <BR> <BR>Basically the problem was caused by the writer and if things come to a head, the writer would be legally liable to pay, not the producer or company. The fact is that the company went above and beyond the call of duty, and was nice enough to back him by offering the renumeration. <BR> <BR>If the subject had've accepted the money and continued to kick up a stink, the writer would be liable to reimburse the company for the money paid to the subject of the piece, as well as the fee paid to him by the company for the script along with costs already paid out for a film that now won't go ahead. <BR> <BR>nuff said... lesson learned.

[Electric Goose (Egg)]

Great idea, Oh Fungal One. Would probably work better than my trying to talk logically has... <BR> <BR>Thanks Mike, but my friend isn't new to the business and all those steps were covered LONG ago. I don't understand how you come to the conclusion that the problem was caused by the writer. You're jumping to conclusions without asking questions. <BR> <BR>Said pain in the butt just keeps on WHINING. I used to think he was nice. I used to think he was a smart guy. But now I just think he's unhinged.

[Electric Goose (Egg)]

PS: it might help to understand the generosity involved (and in reflection INSANITY!!) if I mention NONE of the kids are even mentioned in the film. as well as the fact that the film itself is PURE FANTASY and as zilch to do with what the family went through. <BR> <BR>Yeah. I'm venting my frustration.

[Electric Goose (Egg)]

Sorry Mike. I think my response to you sounds a bit sharp! I didn't intend it to. Maybe I need more chocolate...

[The Wizard of Oz (Mike)]

That's okay. Take two blondes, and call me in the morning. <BR> <BR>I can only go by what you tell me. <BR>And past situations that happen everyday. <BR> <BR>I assumed he was a newbie, cos newbies always make this mistake. <BR> <BR>That's why I added the vanity clause to pain-in-the-butt's tantrum. 15 years ago I came across the same situation. In a script, I had a character mention of an actress who came to another character for research on a role. The description of the fictional (unseen) actress was less than complimentary. <BR> <BR>I got a call from an actress I knew who thought the reference made referred to her. This was no happy camper. A bit of fast talking and knowledge of the fine print in writer's agreements, I told her that she wasn't on my mind when I wrote the reference (which got me more in trouble, in which I had to apologise profusely for that, too). I was in the middle of writing another piece, so had her help create the main character of the new piece. <BR> <BR>The easiest way to get out of a sticky situation like this, is to apologise profusely. Let them know it wasn't your intention and wasn't consciously based on them, and have them recreate the character based on their opinion of themselves, which, more often than not, is based more on fantasy than reality. Their attitude changes from, "that horrible character resembles me", to "I helped create that character", and they forget their original complaint. <BR> <BR>If an alien came down to earth and complained about the way Dean wrote him/her/it in ID4, he'd probably handle the problem in much the same way. But you never know. If I was Dean I'd be offended that it took the alien so long to see the movie. (statute of limitations long past)