10.11.08
Posted in Business, I-Man Cast Film Update, Scripts/Screenwriting at 10:40 pm by Amanda Rogers
Yesterday marked the end of several months of negotiation between a writer and myself. Today, I’m happy to say, I placed the hard copies of the agreement and the COA (Certificate of Authorship) into the mail for her signature. It’s almost finished.
What a long, drawn out process it has proven to be. I can’t believe that we started this back in June, and here we are in October just finishing up. I never expected negotiations to go on for so long. I figured it would take two to three weeks at the most and then we’d be done and able to meet to my original deadline. Now I need to contact the cast and let them know that they won’t be receiving the treatments this month after all. Instead, it looks like they will have to wait until January to get them.
So, you may be wondering, do negotiations for producer/writer agreements normally take this long? For studio deals, yes. But not in the independent world, according to my lawyer. This was highly unusual. Part of the reason for the delay was because the writer’s lawyer had jury duty and then promptly left on vacation, leaving us hanging for a while. The rest of the time was spent going back and forth with emails and having our lawyers advise and review each step of the way.
I’m a fairly patient person, but I have to admit that even my patience was tested with the length of this negotiation. Fortunately, I had my entertainment attorney to guide me every step of the way. I had recently changed lawyers from one in the LA area to one that is closer to me (San Francisco) and this was our first time working together. What sold me on him was his experience working with independent filmmakers. I had heard him give a couple of talks about legal issues for filmmakers and I was impressed with how in tune he was to the needs of independent filmmakers. He knows that independents don’t have the deep pockets that the studios have and his advice reflected that knowledge. So far I have to say that I’ve felt that he has truly had my best interests at heart; and that’s one of the most important qualities, next to competence, that is needed in a good lawyer. The fact that, before coming to the Bay Area, he worked in LA and has done the big studio deals really makes him well-rounded and a good fit for my needs. If things continue going this well, I’ll definitely keep using his services.
Now that this negotiation is coming to a close, I really need to turn my attention to the other story submissions I’ve received. If I don’t get things moving with those stories, they won’t be ready by January. So I spent some time today giving long overdue feedback. One story looks promising and two others could be, but they need to be fleshed out more.
Hopefully all this work will pay off and I’ll have several good treatments to present to the cast in January. If they like one of them, we’ll be able to go to the next step and start writing the screenplay!
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08.22.08
Posted in Business, Classes/Books, Film Distribution, Film Financing at 12:28 am by Amanda Rogers
I just got back from a lecture on independent filmmaking this evening. The speakers were a husband and wife. She runs a local film festival and he runs a local film production studio and is the son of a very famous football coach. It was really interesting to hear about their jobs, how they got into the film industry, how they met, and the projects they have worked on.
One interesting story he told was of a film that he had invested in. It had been a real attention getter at Sundance and had been nominated for two Academy Awards. You would think that with credentials like that they would make a real nice profit on this film, but the highest price a distributor was willing to pay was only a third of the film’s budget. Needless to say, he and all the other investors lost money on that film.
This is the kind of story I’ve heard over and over again. Most people think that producers who get their films picked up by major distributors make a lot of money, right? Wrong. In most cases it’s the distributors who make the money. And who ends up getting screwed? The investors. So why would anyone want to sell their film to a major distributor? Well, because the opportunity to get the kind of exposure that comes with a wide release is very tempting to a producer. It means that they will become known and that could give them more clout in future negotiations which lead to greater profits for subsequent films.
There’s only one problem with that: you’ve screwed your investors. Why in the world would anyone want to invest in a film where they knew they would lose money? Now some investors love film or believe in a specific project and just want to be a part of it so they’re willing to take the risk. But most are in it to make money. It’s an investment and they want to see a return on their money. I can’t blame them for that.
Some producers justify accepting these distributor deals by saying that their investors are rich and can afford to lose the money. Yes, they do have to have a certain amount of wealth to qualify as an accredited investor. But does that justify taking their money knowing full well they will never see a return on it? My view on this is no. I find it unconscionable that producers would screw the very people that helped to make their film possible. I may get labeled idealistic or naive for this viewpoint. Fine. But I won’t compromise my integrity for anything or anyone.
I strongly believe that producers have a fiduciary responsibility to their investors. It’s not only the job of the producer to make a quality film that is appealing to the audience, but it is also the producer’s job to try to the best of their ability to make a profit on the film and, at the very least, pay back the investors’ money.
Getting a distribution deal with a major distributor is every producer’s dream and I’m by no means against it if they are willing to offer a fair deal. But the more I hear about how tough it is to get a fair deal, the more I have begun to explore other options. I’ve heard that sometimes a smaller distributor will offer a more equitable deal and it’s something I want to look into further.
A question I asked the producer tonight was whether he thought that self distribution was the way to go. He said yes, but he said to be sure to team up with someone who has done it. Self distribution is something I definitely want to explore. From everything I’ve heard it’s a huge amount of work. But if you are going to spend huge amounts of time and effort to get your film made, why woudn’t you spend the effort to make sure your film gets distributed and makes money? It’s what any business in any other industry would do.
In every other industry out there businesses make sure that they have a plan and work that plan for getting their products distributed. But in the film industry I’ve seen filmmakers shrug in defeat when they say they couldn’t get their film picked up by a distributor. Seriously? My jaw drops whenever I hear this. This is a business! Treat it like a business!
The film industry is the only business I’ve seen where many people give all their attention to making the product and no thought to distributing and marketing it. Granted, if you’ve got a bad product, you’re just not going to find many customers who will want to buy it. But that’s no excuse for not trying.
I do want to qualify what I just said and emphasize that not all filmmakers drop the ball when it comes to distribution. There are many savvy producers out there who do know how to maximize profits on their films. Unfortunately, there also seem to be a lot who don’t.
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01.01.07
Posted in Business, I-Man Cast Film Update, Scripts/Screenwriting, Website Updates at 8:25 pm by Amanda Rogers
Welcome to 2007! I can’t believe it’s already here. Now where did 2006 go? I swear I just saw it around somewhere.
The beginning of the new year is a good time for me to take a few moments and talk about the status of the project and to take a look at what’s coming up in the future.
The LLCing is coming along slowly but surely. I had hoped to have it done by now, but sometimes these things take longer than planned. But it will get done.
Some of you have asked if we have a script yet, and the answer to that is no. However, since the script development phase can be a long process, I’ve already begun talking to writers. We’re considering several options in our search for a writer, from hiring a professional screenwriter, to an up-and-coming hopeful, to a talented student, to basically just putting the word out and seeing what we get. Nothing has been decided yet. It’s a complicated decision because, depending on which way we decide to go, contracts, union requirements, release forms, rights, funding, options, etc. may or may not have a play in our decision. But, whichever way we decide to go, my first concern will be to get a top notch story. It’s been said that you can make a good film from a good script. You can make a great film from a good script. You can even make a bad film from a good script. But no one can make a good film from a bad script. A quality script is absolutely vital. That’s where it all starts.
The dismantling of The Invisible Man Online has been put off for a while due to time constraints, but I hope to start in a month or so and spread it out over the course of several months or more. I really hate the thought of losing everything there, so I’ve decided to save as much as I can (without violating copyrights) and bring it over to this website. The SciFi.com website has tons of stuff for fans and they even feature productions that are not theirs, so I figured, why can’t I? So expect a new section for fan stuff in the near future. I’ll make an announcement when it’s online.
I look forward to a productive 2007 as we move closer to our goal of getting our film made. Thank you for all your support. It’s been heartwarming to get messages from you expressing your excitement and enthusiasm at the thought of seeing our cast together again.
May good things happen for you in 2007!
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11.29.06
Posted in Business, I-Man Cast Film Update at 6:19 pm by Amanda Rogers
It is said that a little knowledge is a dangerous thing. That might be true when it causes one to think that they are more of an expert than they really are or to overestimate their abilities. On the other hand, sometimes a little knowledge is just what you need.
I’m currently working on getting Shoom Zone Productions set up as an LLC (Limited Liability Company). This is the first time I’ve set up this particular form of business. Since I need to educate myself about it, I started asking my CPA questions about LLCs. Did he answer them? Nope. Instead, he got up and walked over to his bookshelf and pulled out a Nolo book on LLCs. He showed it to me and said that he could answer my questions, but it would cost me a fortune for him to teach me the basics, which I can easily learn on my own by reading the book.
Hmm…a $45 book or his hourly rate? It wasn’t a hard decision to make.
So, lately, yours truly has had her nose stuck in a book about LLCs. It’s not going to make me an expert. I have my CPA and lawyer for that. But once I’ve read the book, I’ll be able to talk to them from a more knowledgable position. No wasting their time and my money teaching me the basics. We’ll be able to skip over that part and go straight to the specific issues that will effect the business directly.
Already I’ve got a few questions to ask them and as I read more the list grows. But they’re questions I wouldn’t have thought of asking if I hadn’t read the book…at least not right away.
Sometimes a little knowledge can be a good thing.
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