Mychal Wilson, Esq. Interviews Emmy Award-Winning Casting Director Kevin Scott

Mychal Wilson, Esq. interviews Emmy Award-Winning Casting Director Kevin Scott.

“On the Page” Podcast Interview With Paul Battista

Podcast Interview with Pilar Alessandra and Paul Battista.

PILAR ALESSANDRA is the director of “On the Page,” and former Senior Story Analyst for DreamWorks and Radar Pictures. She’s trained story analysts at Nickelodeon, MTV, and Final Draft and has taught writing and pitching at numerous film festivals including the Screenwriting Expo where she’s regularly featured as a “star speaker.” Her company “On the Page” provides ongoing classes, workshops and private consultations for screenwriters at all levels.  Classes take a “dig into pages” approach, inspiring students to write or refine their screenplays in a matter of weeks.

Pilar’s ON THE PAGE PODCAST has listeners as far away as Australia and Scotland and regularly appears in the top 100 of film and television podcasts.

CEO Morris Ruskin Shores Up the Line for Entertainment Globalization

Former SAG General Counsel David White Discusses the Potentially Devastating Actors Strike!!!!

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DAVID WHITE, ESQ.

Mychal: Hello Counselor, I hope you are well! I appreciate you coming aboard. So, it has been over one year since we participated as panelists/speakers at the American Bar Association (“ABA”) sponsored “Digitalization and Dollars” seminar concerning the entertainment industry collective bargaining agreements. But before we focus on the potential Screen Actors Guild (“SAG”) strike, how did you, a “Rhodes Scholar”, end up in Hollywood?????

David: Hello Mychal. Great to be here! Your question is a good one and one that I frequently ask myself. My career has taken a number of surprising turns: I started by managing a non-profit in my early 20s, then law school at Stanford where my wife, a social worker by training, started writing television scripts. We came to Los Angeles so that she could have a shot as a writer and I ended up, to the surprise of my former colleagues, at a big firm, O’Melveny & Myers (“O’MM”), in what was then known as their labor & employment department (which I think has now been folded into their general “Adversarial” department). SAG was a client that was assigned to me. About eight months after working with SAG’s staff and legal department, Bob Pisano, SAG’s CEO [now COO at MPAA] and a former O’MM partner called and asked if I would come on as SAG’s general counsel. The offer was totally unexpected and it was a fairly anxiety-producing experience at first but, as with almost anything, you spend 6 months learning the ropes from 6 a.m. until late at night, and you start to figure things out. I got that phone call from Pisano about 6 years ago and, here I am.

Mychal: Impressive to say the least. Now, what intrigued you about the job as General Counsel (“GC”) of SAG?

David: Well, there were a few factors involved. First, I really like executive leadership. As I said, I started my career off as the executive director of a neighborhood-based, non-profit called “Youth Opportunities Unlimited, Inc.” But, also the GC position at SAG involves a range of skills in areas as diverse as policy analysis, risk management, strategic planning, operational and budget management, politics and, as you might expect, the law. There is never a dull moment and it requires you to be alert and forward thinking at all times. Really, aside from the internal politics which can be shockingly fierce, it’s truly a fun gig, at least for awhile.

Mychal: Cool. And, what is the business model for your company “Entertainment Strategies Group, LLC?”

David: It is a simple business model. Entertainment Strategies Group is a consulting firm that assists in simplifying the complicated set of rules and provisions that govern guilds, unions and their collective bargaining agreements. ESG provides three basic services: consulting, training, and “signatory services,” which is where we manage the discrete process connected to signing up with all the unions associated with any film production. Essentially, we help producers, attorneys, and other industry professionals navigate union regulations and union agreements, so that they can avoid problems or resolve them quickly, and be cost-effective while being compliant with the rules. Our consultants have experience and relationships with the staff and members of various unions, which often allows us to help resolve problems when others can’t.

Mychal: Exciting! Ok, so let’s tackle the matter involving the potential Actors strike. So, the collective bargaining agreement between SAG and the Alliance of Motion Picture and Television Producers (“AMPTP”) expires on June 30, 2008. Essentially, what will SAG union members be fighting for?

David: SAG will be fighting for what it believes to be the future, not unlike the DGA and WGA. One way of describing their strategy is to divide it into two simple categories. First, there are forward looking issues. SAG wants a good deal in New Media where it can assert its jurisdiction in New Media productions and establish a residual rate that is higher than current residual rates. Second, SAG will be focused on improving its position regarding wages and working conditions under current business models. These issues include improving DVD residual rates, adding notice and consultation rights regarding product integration, and attempting to assert its jurisdiction in reality television.

Mychal: Last week, SAG’s former alliance with American Federation of Television and Radio Artists (“AFTRA”) broke off. Why did this occur?

David: Well, although SAG and AFTRA are sister organizations, they have shared but distinct interests which are, in some ways, inherently competitive. They face a particular problem that will only continue to grow as digital production becomes the dominant medium for movie-making. Traditionally, SAG has asserted its jurisdiction in “film” production and AFTRA has asserted its jurisdiction in “tape” production such as was used in daytime television. However, as digital production increases, there are few guidelines for each union to follow – the jurisdictional lines are becoming blurred. This gray area lies at the heart of their conflict so they may continue to encounter friction as each group seeks to expand its jurisdiction. There are also issues that you’ll read about in the trades, involving personality differences and the allegations of mutual raiding of programs.

Mychal: So, if AFTRA resolves its issues with the producers, then where does that leave SAG?

David: There are two basic theories on this. First, one can argue that AFTRA’s separation will weaken SAG’s bargaining position. Assuming that AFTRA agrees to the basic template agreed upon by the Director’s Guild of America (“DGA”) and the Writer’s Guild of America (“WGA”), then these three unions agreements, along with IATSE’s anticipated agreement, make it harder for SAG to realistically chart a separate course in negotiations. So, SAG will likely have a reduced bargaining position. However, it’s not impossible for the other theory to apply, which is that, by detaching itself from AFTRA, SAG’s current leadership is unencumbered by AFTRA’s more moderate leadership. This would leave less internal friction in SAG’s negotiation room, leaving SAG more emboldened to go their own, more aggressive way. While almost everyone disagrees with this, you can never forget that SAG can still shut down film production and much of television. It’s not impossible that they decide to do this.

Mychal: Although a settlement was reached, I have heard a lot of enormous disappointment arise from the one hundred (100) day WGA strike. Writers complained that they lost jobs, some their careers, and striking just before the Holiday season was poorly planned. You know, people do have to buy gifts for the Holiday season! And, not to mention various staffers, agents and managers, etc. became unemployed. In the end, what did the WGA really gain?

David: Internally, and from the WGA’s leadership perspective, the strike was a success. Look, they took the entertainment industry by surprise. They had a significant impact on the industry because it had not fully stockpiled itself with quality product. Their leadership – and many of their members – believe that they are singularly responsible for the smooth and beneficial DGA negotiations, because of pressure applied through the strike. So, while the networks and studios may think that’s “total crap” (and they do), the WGA is still celebrating and still getting positive press in the labor movement. Now, the flip side is that the employer-side negotiators that I’ve talked to confirm that the producers gave the WGA exactly what they intended to give them, and not a penny more. Meaning the WGA got no gain from the strike, and achieved no benefits. Where the truth lies will probably always be a matter of one’s perspective.

Mychal: Statistics show that the 100 day WGA strike had a $2.5 billion dollar impact on the Los Angeles economy. We are not just speaking about actors, but both above the line, below the line, agents, managers, vendors, retailers, etc. Do you know what the cumulative multiplier effect of a potential 100 day SAG strike would be?

David: (sighs) No question about it, such a strike would be devastating, particularly on the heels of the 100 day WGA strike. People are only getting back on their feet now by paying off credit card and home equity debt they used to get through the first work stoppage. Even if some film has been stockpiled by then, SAG can basically shut down new production, which means no work for many people. Film and television involve images and if people are not present to provide those images, then you have no film and no TV product, at least not quality product using professional performers. No question about it, a SAG strike, if it lasts, would wreak more havoc on the industry, especially on below-the-line workers. I hope it doesn’t happen.

Mychal: Wow! Now, let me ask you a hypo. It is July 1^st, and SAG goes on strike. I am a producer with my production slated for July 15. So, I attempt to circumvent SAG jurisdiction and shoot my film in Bulgaria with SAG talent. Is this a feasible option, and if not, then what are the consequences to both the producer and actor?

David: It certainly happens on occasion, but as a general rule, it is a violation of SAG rules and regulations. SAG’s “Global Rule One” would apply here, meaning that SAG members must work under SAG contracts anywhere in the world. So, working on a non-signatory or struck production, even in Bulgaria, would place a member’s status with the guild in serious jeopardy. Remember, you are dealing with a performance on camera so the evidence against you is pretty irrefutable once you’re caught. As has been done in the past, I would expect SAG to investigate both union and non-union members who crossed the picket lines to work on struck productions. For union members who are caught, severe penalties can be assessed against you. All of the unions take this principle seriously, that members cannot work on non-signatory projects, especially during a strike. Even non-union members can face penalties for crossing a picket line, including delayed eligibility for SAG membership for a certain period of time or even ineligibility.

Mychal: In your opinion, what is the likelihood of a SAG strike?

David: I think while the potential exists, the likelihood has been reduced by recent activities.

Mychal: OK, since we are both Black-Americans, and in the midst of this exciting but draining Democratic primary, I have to ask this pressure question. What has SAG done to present opportunities for minorities and women?

David: Another good question. First, remember that SAG is not an employer and therefore has a limited set of tools at its disposal to directly increase employment opportunities. Having said that, SAG can and does provide some tools to open doors for actors of color, women and other underrepresented groups. There are traditional ‘Networking Events’ where SAG members can meet other members, agents, independent producers, etc., and where such relationship building can lead to casting opportunities and actual jobs. There are also what we called ‘Exposure Events,’ where actors have the opportunity to perform in front of industry insiders, often working alongside WGA members who write the material being performed. SAG’s educational events range from sponsorship or participation in panel discussions to improve industry awareness about the need to have movies and television reflect today’s diverse society, and, on an annual basis, distributing Data Reports on the state of employment for underrepresented groups throughout the industry (which other Guilds do as well). Perhaps most useful is SAG’s casting database, which makes it easy – at least in theory – for producers to find performers with distinct skills and physical characteristics for certain roles. Some of these tools yield great results while others yield less, but together they form a fairly robust attempt to help performers have a fair shot at breaking into the acting business.

Mychal: Yeah, I have read a lot of these Data Reports. But truthfully, a lot of these reports are influenced by corporate objectives. Personally, it is like a pharmaceutical company sponsoring a randomized double-blind placebo study with one of its own drugs involved and then finding it to be the most efficacious. So, how pure and accurate are these reports?

David: It’s a good point. The guilds use the information they receive from producers so the reports are about as accurate as the producer’s production reports. It’s true that the full universe of employment activities may not be captured, for better or worse (usually for worse).

Mychal: OK. Fair enough. So, let’s switch gears. What is your best advice to those in the business for both the new and established?

David: One of the most important rules of this industry is one you’ve heard before: relationships, relationships, and relationships! Knowing the right people can carry you a long way around here. For example, I was just at lunch with a friend who is a talent agent. She thought our waitress would do great in commercials. Although the waitress was already represented for commercials, she picked up on my friend’s vibe, and walked away with a new print agent. She saw an opportunity, stopped for a moment to make contact and established what will likely be a very important relationship to her future. Not a perfect example of the “relationship” point I’m trying to make but you get the picture: you have to take opportunities very seriously and build relationships as you go – you never know which one will be vital to your career.

The other point that I would make is for professionals: your value will improve significantly as you learn the whole business. Avoid “silo expertise,” where you are satisfied to learn only pieces of the business. A career in this industry is more of a marathon than a sprint. Take the time to develop a sustainable practice, built on an ever-increasing foundation of knowledge and relationships, instead of going for the get rich quick path. Read and educate yourself with the trades but also read explanatory books on film and television finance, production and distribution, on the basic law important to the industry and on a range of other issues. Get real experience whenever and wherever you can.

Mychal: Great advice! Can you tell us an anonymous production or studio

exec nightmare?

David: Sure, but I would have to dispose of you afterwards (LOL). Honestly, I can not safely tell. But, I will say that ego and insecurity drives a lot of the behavior in this industry. And, you are way better off if you do not let these things drive your own conduct.

Mychal: (LOL) OK….last question and thank you for your time! Why should entertainment and labor industry utilize the services of Entertainment Strategies Group, LLC?

David: Almost every transaction in this industry imputes or relates to the provisions of one or more of the collective bargaining agreements. It is important for professionals to understand the agreements and the way in which each union enforces the agreements, in order to understand the rights and obligations they have vis-à-vis Talent, in order to fully understand the contracts they draft or must enforce, or to litigate or arbitrate issues effectively.

We find that lawyers, producers and other professionals get really excited that our service provides quick answers to complex issues. Our expertise allows us to effectively service our clients who ask about specific issues, as well as help them work through complex projects. We help our clients (especially lawyers) look like geniuses to their own clients. For example, we recently retained a client engaged in a writers “separated rights” issue. The client could either take two weeks to research and learn the ins and outs of “separated rights” or call us to get a quick primer. This client was a lawyer and, by helping her with this discrete issue, she could remain focused on the main issues of her legal battle while we helped her with this minor but important point. We have helped clients understand basic residual structures, the relationship between provisions in SAG and ACTRA (the Canadian performers’ union) agreements and a host of other issues. We do not act as lawyers but rather as consultants, so we do not compete with other professionals.

The End

Producer Michel Shane Hand Picks Films For His 800 LB. Gorilla

Mychal: Hello Michel, I hope you are well! I appreciate you coming aboard. Wow, so you Executive Produced both I,Robot and Catch Me If You Can. Can you please give us a little background about yourself?

Michel: Hello Mychal! Yes, I am originally from Montreal, Quebec with dual Canadian/U.S. citizenship. In the early 1980’s, I was faced with some career path decisions that included my looking at both the computer and video industries. Being intrigued by films and not technologically savvy, I chose the video industry. I attended a trade show in Fort Lauderdale, Florida to learn more about the video business. Randomly, a female reporter interviewed me about the video market which was later featured in Variety. And, then I ended up on television as some type of video expert! So, then I started selling video cassettes out the back of my car.

Mychal: Pre Tyler Perry style? (LOL)

Michel: (LOL) Yes! I started selling video cassettes with “How to” titles such as How to Play Tennis like Bjorn Borg, How to Play Golf like Arnold Palmer, How to Train Your Dog, How to Cook like a Top Chef, and of course How to Make Love. Well, no one could play tennis, or golf in their living room, but they sure could make love! So, that became our best seller!

Mychal: And, how did you break into the business?

Michel: Well, on the momentum of the success of How to Make Love I was a founder of MKS video. Then, I created one of the largest independent distribution and supply company called the “Prolusion Group.” During the mid-80s I went out on my own and learned about the whole business. Then, Anthony Romano and I acquired Catch Me If You Can and later a project titled Hard Wired. In fact, Hard Wired was slated to be directed by a relatively unknown sophomore director named Bryan Singer who had just directed The Usual Suspects. But, the project went into turn around and it would end up becoming the big budgeted hit I,Robot!

Mychal: Cool. And, how were you able to team up with your producing partner Anthony Romano?

Michel: Ironically, and only in Hollywood, we met after a writer sold us both the rights to his book. First, he sold Anthony the rights and then two years later the writer sold me the rights. During a phone conversation to sort out the dispute, the writer said that we should both meet. So, we did and that led us to join forces. We have a great working relationship and here we are today.

Mychal: Too funny, and only in Hollywood sounds about right! Now, on the other end of the Hollywood spectrum, you have worked with A-Listers such as Steven Spielberg, Will Smith, Leonardo DiCaprio, Scott Rudin, etc. How has that experience been?

Michel: It has been a great experience. Look, I love what I do. And, having grown into an 800 lb. gorilla has its advantages. But, I will say that we never forget where we came from. We stay very grounded.

Mychal: Great answer. What films do you currently have slated for production that you are really excited about?

Michel: Well, I will name three (3) great ones. First, we have Ashes to Ashes which is a fantastic romantic comedy starring Goldie Hawn and Kurt Russell. In fact, Goldie Hawn is also the writer/director of the project. Second, we have a great cast in Vivaldi with Malcolm McDowell, Gerard Depardieu, Joseph Fiennes and Jacqueline Bisset. The picture gives a great slice of Vivaldi’s life with several story arcs. For example, there is a great story that zooms in on Vivaldi saving girls from an orphanage so that they would not be sold into prostitution. Last, we have a great “tween set” film titled Band on the Run that will revolutionize filmmaking.

Mychal: Wow, Band on the Run sounds like an innovative and exciting deal?

Michel: Yes, it is aimed at the tween set and comparable to a 21^st Century Monkees. The project will revolutionize filmmaking where there is both equity financing and product integration. But, unlike Snakes on a Plane which did not perform well at the box office, the Band on the Run motion picture will be just one of the media vehicles. We are utilizing all forms of new media such as webisodes and mobisodes to create project awareness. And, bands songs will be written by top song writers of our day just as were The Monkees songs were written (Neil Diamond and Neil Sedaka).

Mychal: Sounds exciting! Now, what vehicle are you using to finance these projects?

Michel: We have two film funds that we utilize. The first is our own “Handpicked Films” and the second is the “Ginepri Motion Picture Slate” which is a hedge fund that is just coming into its own.

Mychal: Do you have a production deal with one of the majors?

Michel: No, we do not but we do collaborate with the studios on the marketing and distribution of our films and on a gross player basis.

Mychal: What is your opinion about the globalization of the entertainment industry and the recent effect of world economies?

Michel: Yeah, the U.S. economy is weakening so it has been harder to structure debt. There are still a lot of funds and banks that will still finance films. Especially, those banks that stayed away from the sub-prime mortgage investments because they are the ones sitting on a lot of capital. The key is that funds need to be in the 18%-19% ROI (return on investment) to qualify and film funds can return that double digit number.

Mychal: Because there has been so much money (i.e.-private equity, hedge funds, etc.) out there to produce films, some industry insiders state that there is too much product supply in the market place. Do you agree?

Michel: Not necessarily, the business is transforming itself but there a new players that are rising such as Summit Entertainment and Overture Films. If the material is good then there will always be buyers both on the distributor and consumer ends.

Mychal: Are you predicting any acceleration for the transformation of a new studio model?

Michel: Well, the traditional studio system will stay the same in that the studios will always be there like the cinemas are here. But, I believe the VOD/Theatrical Day/Date release will work. It will collapse the windows from three (3) weeks down to ten (10) days. But, the DVD stores like the Blockbusters will have to change. Basically, their product has to meet the consumer demand and delivery systems for high definition product.

Mychal: Are you experimenting with content specifically designed for various forms of New Media Technologies?

Michel: Yes, again we are very excited about our Band on the Run project. In today’s society, we are dealing with a very young age demographic that is very tech savvy and comfortable online with social networking. So, we’ve gone out and hired great consultants to give us an edge in the New Media platforms. For example, you have to be informed on what type of band music will be hot eighteen (18) months from now. The success of the “Pussy Cat Dolls” and their numerous number #1 hits is a great example.

Mychal: Now, where do you find your best material and how would one approach you with projects?

Michel: I find our material everywhere from trainers at the gym to friends of friends. And, I do read everything myself. It may take a little longer but I enjoy it. I love what I do.

Mychal: How accessible are you? Do you have to be proven talent or will you consider newcomers?

Michel: We are very accessible! Of course, we recommend the standard submission policy of using an attorney, agent or manager and at the very least we require a signed release form for obvious legal reasons.

Mychal: Sounds good. What is your best advice to those in the business for both the new and established?

Michel: Funny, I teach a UCLA extension course and I begin the course by asking the students if they are ready to starve and work hard! In Hollywood, you waste a lot of time with the phony people and you get so involved with the fear of missing on a hit instead of walking away. But, this is the reason why most execs in the system will neither say yes or no. They do not want to be the person who dropped the ball, so they do not take the risks. That was me at one point. But, now I would say that you must fight for what you believe in. Look, Catch Me If You Can took twelve (12) years to make and I,Robot took nine (9) years. I firmly believe that you must fight for your success because this industry does not hand you anything on a silver platter unless you have earned it!

Mychal: Great advice! Can you tell us an anonymous production nightmare involving talent, writer, director or producer?

Michel: I have such great stories but anonymous ones do not exist because the players would figure it out. So, no, I don’t! (LOL)

Mychal: (LOL) Sounds great…too funny. OK….last question. What makes you a more successful film producer than others?

Michel: I would say it is because I love what I do! I get upset when it’s Friday night because it means the work week is over and I have to take a break. Producing films has become a part of who I am and it’s a passion. I find it exciting to structure new deals. Thankfully, I have never made a film that has lost money.

The End

 

Steven Beer, Esq., Greenberg Traurig

 

Steven C. Beer, Esq.

STEVEN BEER, ESQ. ADVOCATES INNOVATIVE IDEAS AND NEW VOICES!!!!

Mychal: Hello Counselor. I hope you are well. Thank you for coming aboard! Wow, here we are, two lawyers collaborating and as opposed to being adversarial. Who knows, maybe the Writers (WGA) strike will soon end? So, as a shareholder attorney for Greenberg Traurig (“GT”), can you give us a little background? And, your responsibilities as a GT shareholder?

Steven: Hello Mychal! Yes, I was a founding partner of Rudolph & Beer, LLP, a top entertainment and media law firm. In 2003, Larry Rudolph quit practicing law and became Britney Spears’ manager. Then, Greenberg Traurig contacted me to join their international Film and Television practice. Similar to a partner, I attend to the business of current GT clients and develop new business opportunities for our clients – GT fosters an entrepreneurial spirit that speaks to the innovative lawyer and makes GT unique. Of course, I also supervise our junior lawyers and participate in facilitating the smooth operation of our firm.

Mychal: And, can you please tell us a little about Greenberg Traurig?

Steven: Yes, Greenberg Traurig, LLP is an international, full-service law firm with 1,750 attorneys and governmental affairs professionals in the U.S., Europe and Asia. The firm is ranked seventh on The American Lawyer’s Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers. The firm was selected as the 2007 USA Law Firm of the Year by Chambers and Partners.

Mychal: Impressive! When Paul and I started MindFusion Law Corp., we built it for the future. Over the past few years, how has the practice of entertainment law changed?

Steven: The practice of entertainment law has dramatically changed. There is the constant change in technology and the market place especially in the film industry, where there are new film financing structures and new distribution avenues of film product. So, the practice of law has to accommodate the market or your practice will be left behind. Also, clients are much more demanding of counsel. Meaning, they demand market solutions and not just your advice and counseling on the state of the law.

Mychal: Great! We just teamed up and worked together for our client’s (writer/director Dennis Dortch) 2008 Sundance film “A Good Day To Be Black & Sexy.” Can you give us a brief Sundance wrap-regarding film sales? Although Sundance is titled a film market, how was the film buying this year?

Steven: I thought the market place around the Sundance festival was robust and active. More so, than in recent years. The Distributors were more savvy in asking sellers for guidance this year. There were less adversarial positions and there was more collaboration between the buyer and seller. I also saw greater attendance for the initial film screenings which occur in the first few days of the festival.

Mychal: Do you think the WGA strike or the recession played any role on the film market surrounding Sundance?

Steven: I think the strike played a role in the buying of film product. But, also there is the expensive nature of production as a whole. Nowadays, it is becoming more economically efficient to acquire films, especially when films appear in an elite festival as opposed to the expensive and painstaking process of developing, financing and packaging film product.

Mychal: Because there has been so much money (i.e.-private equity, Hedge Funds, etc.) out there to produce films, some industry insiders state that there is too much supply in the market place. Do you agree?

Steven: I understand their position, and let’s also acknowledge that cheaper and more accessible technology provides filmmakers with more opportunity to make films. But, even if there is a glut of content in the marketplace, it’s important to encourage these artists to articulate their thoughts through film. Honestly, there is no telling what we can learn when voices are heard. I welcome the new wave of voices such as Dennis Dortch’s and his film “ A Good Day To Be Black & Sexy” (“GDBS”). It is great to find a film like GDBS. Dennis’ film is like finding an oasis in the desert! I think all these films have some merit which is great!

Mychal: What about the near future? The SAG collective bargaining agreement is up for negotiation mid-year, and consumer spending is down. How does this affect film distribution regarding Theatrical, DVD, VOD and Digital distribution?

Steven: I think the market place will continue to be polarized. Independent films will find homes and continue to grow the alternative markets for distribution especially in the areas where the costs of media increases.

Mychal: Have you noticed a change in business in the major markets such as Cannes, AFM, MIPCOM, NATPE, Berlin, etc?

Steven: Yes, I believe the buyers are more selective. Meaning, they are more focused on genre films with recognizable names attached. There are definitely fewer films that are returning the big numbers.

Mychal: Interestingly, that appears to be a common opinion. In a recent interview with Blue Rider’s CFO Jeff Geoffray, he voiced a similar opinion. Have you recently participated in any innovating deals? If so, can you disclose any interesting deal points?

Steven: Yes, I am excited about working with an automobile brand that partially finances film production and film P & A (Prints and Advertisement). In today’s market place, there is a bigger role for brands in the marketing aspects of Indie films, especially Indie films that have non-theatrical tours, informational and experimental events. So, yes, I am involved in a exciting and innovative deal known as the Chrysler Film Project!

Mychal: Sounds great! What is your opinion about monetization in the Digital Market place?

Steven: I think it’s a great incubator for independent films. The Digital Market Place is continuing to develop at a fast pace and will become a productive revenue stream in the near future.

Mychal: What about emerging markets in areas such as China? Currently, there is a lot of foreign interest and investment in China but intellectual property (IP) protection is a major obstacle. Do you see this obstacle being effectively addressed by the studios and independents in the very near future?

Steven: Well, it is not a question of ‘When’, but ‘How long?’ Essentially, developing countries such as China need an infrastructure to be built for IP protection to effectively take place. Of course, this includes an acclimation process where mainstream ideas and voices will not offend the cultures of developing countries.

Mychal: OK…so, then how feasible is it for potential clients to approach you? Do you have to be a proven talent or can you also be a newcomer?

Steven: Well, Dennis is a great example of the type of clients that we are looking for. We are gratified by discovering new and exciting voices, especially the stories that come out of nowhere! I love to facilitate the distribution avenues for new voices to be heard!

Mychal: Can you tell us an anonymous production nightmare involving talent, writer, director or producer?

Steven: Yes, I have my own personal nightmare which has turned into a great lesson for repping actors! As a courtesy to writer/director James Toback (“Bugsy” / “Black and White”), I agreed to appear as a lawyer for the rap group (Wu Tang Clan) in his film “Black and White.” Although I had pledged never to get in front of the camera again, Toback was very convincing. So, I waived my SAG (“Screen Actors Guild”) card and got in front of the camera. However, the post-production supervisor dubbed my voice! A very visible mistake because I sound like a zombie! Just awful! The film airs on cable, so, I cringe every time I hear my voice!

Mychal: Too funny….it appears you and I have had similar experiences! Sounds great! Ok, wrapping up. Last Question. What separates your practice from other entertainment law firms?

Steven: Greenberg Traurig is unique because our entertainment law practice is like a boutique firm but within a large firm practice. We have attorneys experienced in virtually every aspect of entertainment law all under one roof. We have attorneys who handle the full range of legal services including tax, corporate, labor/employment, intellectual property and technology. As a one-stop shop, we have wonderful colleagues and collaborators. Every day is a great adventure!

THE END

Zev Berman, Writer/Director

WRITER/DIRECTOR ZEV BERMAN CROSSES THE BORDER WITH HIS TRUE CRIME THRILLER!

Mychal: Hello Zev. I hope you are well. So, we grew up together on Capitol Hill, attended the same prep school together in D.C., and now live a block away from each other in Los Angeles. Small world? (LOL)

Zev: (LOL) Yes! And, I wont forget the moment we realized that we currently live a block away from each other in LA. After ten (10) plus years of having lost touch, now that’s a small world.

Mychal: So, your true crime thriller film titled “Borderland” opened last weekend at the 2007 After Dark HorrorFest. Can you please give us some background information about this festival?

Zev: HorrorFest is After Dark Film’s horror anthology comprised of eight (8) scary movies go out for a Limited Theatrical run and play in rotation. Four Hundred (400) screens. Thirty Nine (39) cites. Twelve Million ($12M) Prints and Advertising (P&A). Give or take on these figures. HorrorFest had it’s first run in 2006, and turned a tidy little profit.

Mychal: And, how did you conceive the story idea for “Borderland?”

Zev: The script is based on a true story that took place in 1989 on the US/Mexican border. I was there in 89’, traveling around the country with some friends of mine. We crossed the border into Matamoros, and ran into a manhunt that was going for a missing college student. The investigation turned up a drug cartel that had gotten involved with the occult. The boy had been abducted and ritually sacrificed to protect their drug operation. The story stayed with me over the years.

Follow this link for more info

Mychal: Wow! And, how long was the maturation process?

Zev: Three (3) years to get it on screen. Eighteen (18) years if you count the fact that I was there in 89’.

Mychal: Now, wasn’t this film originally slated for a Lions Gate release? If so, then what happened?

Zev: We had an upfront agreement with Lions Gate to distribute the film, though with no minimum guarantee. Lions Gate has a deal with After Dark Films, and all parties ended up agreeing that Borderland should go out as part of After Dark’s 2007 HorrorFest.

Mychal: Any advice to filmmakers who have a great project but face obstacles regarding distribution?

Zev: Keep an open mind regarding potential opportunities, get a lot of advice, stay grounded, and don’t sell yourself short.

Mychal: Personally, I really liked the casting choice of Sean Astin for the dark role of Randall. He is more known for his roles in films such as “Rudy” and “Lord of the Rings.” How did this choice evolve?

Zev: George Furla, one of our producers, had attended a celebrity basketball game and had run into Sean. In the course of their conversation, Sean expressed an interest in darker material. George suggested him to me. I thought it was a brilliant idea. I think it energized the character. Sean did a great job. I love casting against type.

Mychal: Cool, and what about the film’s great Latin talent?

Zev: Our Latin cast was comprised of some of the best actors in Mexico. Damian Alcazar, who plays Ulises, has won two Mexican academy awards for Best Actor. It was an honor to work with him. I can say the same for all of my actors. I think we got the right people to play the right parts.

Mychal: Since we know that named talent generally drives consumers to purchase the product, did any of these casting choices adversely affect the marketability of “Borderland” in the Amercian market?

Zev: Time will tell.

Mychal: The production value is great! Now, I have to annoy you and ask you the film’s budget. So, give up the tapes…what was the budget? (LOL)

Zev: (LOL) Under ten million ($10M).

Mychal: And, did your production team encounter any problems while shooting in Mexico?

Zev: Sure. Getting equipment back and forth across the Border was expensive, time consuming, and a major hassle. Locking locations was a chore. It was difficult to determine who owns certain properties and get the necessary permissions. The crews were top notch. I’d do it again in a heart beat.

Mychal: How long was your principal photography in Mexico?

Zev: Thirty (30) days.

Mychal: Did you have any shooting problems involving any of the technical aspects of the film?

Zev: The shoot was smooth. No major technical snafus.

Mychal: As the director, you made some very unique choices concerning the film’s blood and violence, can you tell us your motivation?

Zev: I’m interested in unconventional violence. I like it to be rooted in realism. I think if you tackle violent subjects, you should show consequences. I’m not a nihilist, but this is a dark world we live in. We’ve really made a mess of things. Hope is possible but hard won, and against a dark uncompromising backdrop, it stands out as a believable possibility.

Mychal: Great. And, what films and/or directors have influenced “Borderland?”

Zev: Tobe Hooper – Texas Chainsaw Massacre, Wes Craven – Last House on the Left, Francis Ford Coppola – Apocalypse Now, Danny Boyle – 28 Days Later, Gaspar Noe – Irreversible, Jonathan Demme – Silence of the Lambs

Mychal: What separates “Borderland” from other horror/suspense films?

Zev: It’s not traditional horror/suspense. It can provide a terrifying, visceral, emotional, spiritual and intellectual experience. Perhaps not in that order. The performances are believable and nuanced. The production values are excellent. There’s a strong unified tone. Aspects of realism were strongly adhered to. The effects are shockingly realistic. The action is unpredictable and harrowing.

Mychal: Excellent! Now…can you please give us a great anonymous Hollywood incident that you witnesses or participated in?

Zev: My mind is a blank. (LOL)

Mychal: (LOL) Any inspirational advice to writers/directors out there?

Zev: Me!

Mychal: OK….lets flip the question, any advice to producers concerning successful relationships with writers/directors?

Zev: Communicate openly. Make sure your involvement is about the work. Be passionate about the material. Make sure that everyone on the team is making the same movie. Never give up. Fight for the movie like a bulldog.

Mychal: Now – Last question. What is your next project that you are developing?

Zev: A heart warming musical for children of all ages.

Follow this link for more info:

The End

Jeff Geoffray, Producer/CFO, Blue Rider Pictures

JEFF GEOFFRAY BUILDS THE FINANCIAL BRIDGE INTO HOLLYWOOD !!!!

Mychal: Hello Jeff. I hope you are well. Thanks for coming aboard! So, can you give us a little background about yourself and the formation of Blue Rider Pictures?

Jeff: Hello Mychal. Yes, over the past 25 years, Walter Josten and I have developed expertise in nearly every aspect of production and distribution, including U.S. Theatrical Distribution, International Sales, Production Services and in the more traditional roles of producers, executive producers and line producers. Since Blue Rider Picture’s inception in 1991, we have worked on over One Hundred (100) film and television projects which include the cutting edge of independent film financing, utilization of Pre-sales, Gap Financing, Tax Credits and other benefits to shoot pictures in nearly every region of the world. Recently, we just helped produce and finance the acclaimed and potential Oscar nominee “Rescue Dawn.” During the past year, we have financed Twenty Three (23) movies with budgets totaling more than $200 million.

Walter and I started off producing a string of genre pictures that became franchises. We then went on to work as producers or production executives on a number of projects including “Holes” and “The Call of the Wild.” Recently, Walter won an Emmy for his work on “The Incredible Mrs. Ritchie.” As of 2007, we have grown into the premier Bridge Financing resource for independent movies, providing more than $75 million in short-term funding to more than 70 movies with budgets ranging from $2 million to $42 million and representing more than $560 million in production.

As a result of successes in the Bridge Financing sector, we have begun expanding the parameters of our lending to include new types of financing, such as Gap and Super Gap loans in conjunction with banks and bond companies, Acquisition funding for international sales companies, Post-Production Finishing funds for producers, Working Capital for distributors and production companies, Collateral Shortfall Loans and P&A (prints and advertising) funding for U.S. theatrical releases. Our Company also continues to fund against receipts of future tax credits of all kinds and from numerous regions on an ongoing basis.

Mychal: Cool. Impressive! Now, what are some of your favorite projects that Blue Rider has participated in regarding financing and/or producing?

Jeff: Well, there are several projects. Actually, our first projects were a couple of genre specific films that became big franchises. And, the investors earned their money back and the projects were a commercial success. They are “Witchboard” and “Night of the Demons.” Then, there is the previously mentioned “Rescue Dawn”, and our first Gap Deal project titled “Then She Found Me.” This is Helen Hunt’s directorial debut and we are really proud of that film! ThinkFilm just picked it up in a bidding war at the 2007 Toronto Film Festival.

Mychal: As you know, before law school, I was a co-conceiver of the innovative United States Small Business Administration Film Finance Loan Program (SBA)? Is there a project that you found to be particularly innovating in its financing structure?

Jeff: Well, I would say that nearly every project we see comes with a unique and ingenious structure. Independent producers are indefatigable in their quest to find creative ways to finance their projects and I think it is a miracle when a movie gets made considering the complexity of project financing and the odds against the average filmmaker. Deciphering the financial structure, including the potential risks is a challenge that takes a lot of experience and hard work. It’s all very fascinating and that is why I love it!

Actually, I have one kind of crazy idea that would involve using the tax credits available to those who provide jobs by working in economic empowerment zones. The idea would be to create a sort-of film cooperative. So, out of work crew, including those in the union, and vendors with extra capacity, can provide project financing via deferments for producers who are willing to film in certain areas in exchange for a direct participation in the project. There would be a lot of work that would have to go into creating a structure that would work for both the financiers and the unions (SAG, DGA, WGA and IATSE), on the one hand, and the filmmakers on the other, but I believe it could work in Hollywood where there is so much talent and capacity at any given time. I think such an idea would have a high likelihood of success if Blue Rider applied its own experience to structure the co-op in a way that would be fair to all involved, but give those providing their valuable services in lieu of cash the kind of leverage that banks and other financial institutions have in deals where cash is being invested.

Mychal: Great concept! We’ll cover your legal! So, Blue Rider provides various financing options. Specifically, what are its strong areas, Bridge Financing?

Jeff: Yes, Bridge Financing is our bread and butter. We started out doing our own films. Then in 1998, we started our own sales company with a big splash. We took the cover of the 1998 AFM Hollywood Reporter issue. We successfully made and delivered our own films but we were desperate for cash because not a single film closed its financing until after production was completed. But, we got through that rough period and Bridge Financing became our own business. Then the Banks, Completion Bond Companies, and Producers came to us for the same kind of financing. Actually, we started working with Hedge Funds (Highbridge / Zwirn and HBK Capital) before Hedge Funds capital became the “in-thing” in Hollywood. And then, our clients started asking us about Gap, Super Gap and Post Production Finishing Funds.

Mychal: Cool. So, is Bridge Financing kind of like “Loan Sharking?” (LOL)

Jeff: (LOL) Well, I consider it to be more like the guy on the boat who is about to get eaten by sharks and Bridge financing his lifesaver. It is more like the lead physician in the Emergency Room. If a loan takes too long to close, and as often is the case, then the film suffers. Basically, Bridge Financing involves people paying money to rent money.

Mychal: Great Answer! Can you reveal you interest rate or is it on a case by case basis?

Jeff: Yes, it’s a case by case basis. We’re more expensive than a bank, but the price depends on the collateral. We try to work with the borrower to make the deal work.

Mychal: So, has a client ever refused to pay you back your money where you had to pursue them through the arbitration or judicial system?

Jeff: I would say that out of the One Hundred (100) deals we have been involved in since 1998, we have only had to use the judicial system twice. We provide great client servicing and we really do try to be user friendly with our Bridge deals. And, we usually do not really deal with the backend because once the loan closes, then we get our money.

Mychal: Sounds like a great hedge to me! Speaking of arbitration and jurisdiction, Blue Rider is an Independent Film & Television Alliance (I.F.T.A.) member, correct? Any predictions on the success of the upcoming American Film Market (AFM)?

Jeff: Well, Walter and I used to be I.F.T.A. members as producers. We respect the IFTA and intend to join under Blue Rider. Lew Horwitz, who is on the Board of the IFTA is a key advisor to Blue Rider. I am seeing a huge disparity between the value of good films with good cast and so-so films with average talent. The films made by producers who know their audience and their product well will sell. For example, an Art House film that has a specific niche and gets a good review by the press will sell and do well. But, the in between genre films are and will be suffering. There is a fragmentation of the markets and mediums. The greater amount of markets and mediums requires a greater focus. So, a good Indie film that lacks good reviews and is in between genres will generally not get picked up by a distributor unless there is a good word of mouth about the film.

Mychal: Interesting…now, generally, during the pre-AFM build up there is much discussion on new financing ventures. Personally, and maybe because we represented a client who managed a hedge fund with over $1.8 billion in assets, I think it is about time for investors to start calling in. (LOL) Do you agree or disagree?

Jeff: Yeah, I would say that the Hedge Funds are definitely tightening up. It a good thing that projects are only getting made if their financial structures are fundamentally sound. The same thing occurred with the German Tax Funds and the Gap deals. The Hedge Funds are getting smarter. The Buyers are still paying for product but it is more fragmented.

Mychal: Any predictions on the next film financing vehicle?

Jeff: Well, there are many out there. But, I will say that it is only a matter of time before some of our products will be applicable to financing Television, Gaming, and Music projects. Those are the areas that we are looking to expand and grow.

Mychal: Have you been able to effectively use the various State Tax Incentive Programs? What about the Federal Tax Incentive Program known as Section 181?

Jeff: Yes, we have used various Tax Incentive Programs everywhere from Canada and Puerto Rico to Louisiana and New Mexico. Regarding Section 181, we have effectively used it once and we know there is another company who have financed a number of deals in this area. So, it is a viable option and finance resource, but more on a case by basis.

Mychal: Anything to look out for when utilizing those programs?

Jeff: Yes. Let the Buyer Beware of anyone who says they control the key to the kingdom! Either they are not telling the truth or it’s a State incentive program to stay away from.

Mychal: (LOL) No doubt! What are the key components that you look for when loaning money for a motion picture?

Jeff: Well, I would say that the quality of the other money in the deal is a key element. This includes the identity of the bank, equity, foreign sales agent, presale estimates, etc. Also, we want to know how much does the other money really want to do the deal. We do not like chasing deals!

Mychal: Well Said. What about investing in a motion picture?

Jeff: When Bridging a deal, we are dispassionate about the projects creative elements. However, when investing in a deal as Gap or Finishing Funds then we would look at the Script and the Director along with other creative elements. You cannot de-minimize the importance of the script and the Director! That is why time and time again you see the same Directors making good pictures.

Mychal: Have you ever had to refuse and/or call a loan or investment in a motion picture because of production was affected by alcohol or drug abuse on set?

Jeff: Ohhhhh man!!!!….that is an interesting question. We have been involved in several of those circumstances and when we commit, we commit to the end. Unfortunately, it is a very common problem in our society and I think no less so in the film business.

Mychal: I know, blame it on Reality TV? (LOL)…OK…can you please give us a great anonymous Hollywood incident that you witnesses or participated in?

Jeff: (LOL) Mychal, there are so many stories that I hesitate to even go there! That is a whole other interview! I will say this….It is very rare that there isn’t more drama behind the camera than in front of it….it can be a real “Peyton Place.”

Mychal: (LOL) Any advice to both aspiring and established filmmakers out there?

Jeff: Yes. For the aspiring filmmaker, I would say forget about the deal making process and concentrate on the script, story and the audience that you want to relate to. I am a U.S.C. grad, so I learned there is that hook, the story and, ultimately the script which are the keys to success. And for the established filmmaker, I don’t see ageism as a problem as much as the demands of the business create a high level of stress and fatigue that can wear people out over time. Take care of yourself!!!!

Mychal: Great advice!….OK…now, last question. What separates Blue Rider Pictures from its competitors?

Jeff: One of our strengths is recognizing the unique and complex nature of each borrower’s financial needs and resources. We try not to get caught up in rigid guidelines or parameters. We strive to be flexible when determining the viability of a project. We view each transaction individually and as carefully as possible, knowing that the elements that lead to success are hard to generalize. More importantly, we are willing to take extraordinary risks partly because, as producers and distributors, we have lived through many of the horrors that our borrowers have, or will, experience. It helps that our longevity extends to our inner circle where we get a lot of support from our attorneys, former clients, friends and family. We try never to give up on a deal and we strive never to let down the people involved.

 

For more information: www.blueriderpictures.com

The End

 

Spring Aspers, Sr. VP, Soundtracks and Supervision, Island Def Jam

SPRING ASPERS JAMS WITH THE BEST !!!!

Mychal: Hello Spring! Glad to see your career has really grown. Great body of work! So, how are you doing?

Spring: Hello Mychal! I am great. Thank you.

Mychal: So, lets jump right in. What are your job duties as Island Def Jam Senior Vice President of Soundtracks and Supervision.

Spring: Essentially, I am the liaison between the Music Label and Hollywood. I place music artist in both television and film. We have developed a new model and I wear many different hats where I work for the studio as a Music Supervisor and I also serve as the liaison for the label. It’s great for music artists because I know the studio system extremely well.

Mychal: Interesting. Now, do these dual roles ever create any “Conflicts of Interest?”

Spring: No, not at all. Maybe, if I was obligated or pushing certain agenda, but I focus solely on the creative process. In this business, you have to evolve and create new business models or you will be left behind. So, I would say my job duties and experience are definitely an attribute because I know the filmmaking process and system so well.

Mychal: Cool. Great point! Can you please tell us some of the feature films that you were proud to work on?

Spring: Yes! I have worked as a Music Supervisor on “First Sunday,” “This Christmas,” “Lars and the Real Girl,” “License to Wed,” “Dr. Doolittle 2,” “Big Mommas House,” “The Whole Nine Yards” and more.

Mychal: So, how did you break into the business?

Spring: Actually, I kind of fell into this business. It was a random moment of needing a job! (LOL) When I graduated from college, I was interning at a company called Sidewinder Music. I was friends with some artist who got into the management business and at that time I was just trying to pay the bills.

Mychal: (LOL) I hear you! So, how is Island Def Jam affiliated with the Universal Music Group. And, can you please briefly explain about the structure of the Universal Music Group?

Spring: Yes! Island Def Jam is under the umbrella of the Universal Music Group (UMG) which leads the music industry in global sales with an estimated worldwide market share in 2005 of 25.6%. Its global operations encompass the development, marketing, sales and distribution of recorded music through a network of subsidiaries, joint ventures and licensees in 77 countries, representing approximately 98% of the music market. UMG is the #1 company in countries which together represent more than 50% of the global music market sales, including the U.S. and the U.K. UMG’s business also includes music publishing. Universal Music Group International is the division that manages UMG’s businesses in countries outside of North America. For more information, please go to: www.umusic.com

Mychal: Wow! Sounds great. So, what are the key differences between a Music Supervisor, Coordinator and Consultant?

Spring: Well, a Music Supervisor oversees all the music for a film. A great supervisor will really support his/her Director’s vision and make sure that vision meets the audience so all the elements make sense. A Music Coordinator supports the Music Supervisor. And, a Music Consultant is more of a creative role where he/she suggests music ideas but is not responsible for the execution of those ideas.

Mychal: And, as a Music Supervisor, how are you compensated for your work? Is there a specific percentage in the total cost of the budget? Two (2%) percent – Five (5%) percent?

Spring: It really varies on a case by case basis. Generally, music supervisors are paid a flat fee but as you know everything is negotiable. This is Hollywood and there are no rules or standards. That’s the beauty of this business!

Mychal: (LOL) Tell me about it! – OK, what about participation in any advances?

Spring: Not really. I am here to purely help the artists creatively, not make money off the artist. I believe that is the honorable way. My role is to facilitate the creative process not the dough!

Mychal: OK. Sounds good. What about profit participation in record royalties?

Spring: Again, this is a case by case analysis and everything is negotiable!

Mychal: (LOL) OK, as a film producer, how can I get you to consider my project? Are there submission requirements, genres, or budget ranges?

Spring: No. It is more of a creative issue. I have worked on small Indie films that I have fell in love with as well the big budgeted studio films. Really, and for the producer, there has to be that right connection or fit, or else the collaboration goes out the window. And, there are also expectations involved. For example, if a producer comes to me with a project and wants Ten (10) Kanye West songs on a Two Hundred Dollar ($200) budget, then its not going to happen!

Mychal: (LOL) Funny, I have seen several of those projects come across my desk. Its Hollywood! This is a crazy business! OK, so now lets role play: I am a producer looking for some great music to help “Band-Aid” my film’s weaknesses. Generally, does this strategy work?

Spring: Yes, it can definitely help. But, the audience is usually smart enough not to buy it all the time. But, certainly music will elevate a scene.

Mychal: OK. I am a producer who has an Uncle Phil or Uncle Skippy (LOL). He is a middle school music teacher who has written a few songs and to make him happy, I want you to use one of his songs in the film. So, I tell you to plug it in somewhere. “Yay” or “Nay”? And if “Nay” causes a conflict, the how would you recommend other music supervisors to handle this matter?

Spring: (LOL) That’s a pretty hard question! As a Music Supervisor, the creative process depends on your relationship with both the Studio and Director. So, it is not really about a “Yay” or “Nay” answer, but more about problem solving.

Mychal: Great answer. OK…generally speaking, in a motion picture, a producer should secure the Synchronization License, Performance License and the Master Use License. Briefly, and with regards to obstacles, can you explain the differences in using preexisting musical works as opposed to using re-recorded works in a motion picture?

Spring: Again, there really is no one answer. A preexisting work could have Ten (10) samples within the song which may make music licensing extremely difficult. And, a re-recorded song could be a 1960’s hit and the artist(s) own the Master Use License. So, this may be very easy to accomplish. My job is about problem solving and in music there generally are no boundaries.

Mychal: Do you or your company ever become involved in a producer capacity?

Spring: For me, that is not my focus. My focus is managing the two (2) jobs that I have. Certainly, people in my company produce. There are amazing people in my company. Just look at LA Reid. He is one of the greatest!

Mychal: Any advice for our readers who are trying to develop their careers on the music side of filmmaking?

Spring: Yes, I would say study film and how music is used in film. Also, learn the business side of the film industry. The key to success is to connect with the right people and to develop role models or mentors who will actually help you develop your career. The film industry is a difficult business but it’s really about the path you create for yourself.

Mychal: Great! Can you tell us an anonymous production nightmare involving talent, writer, director or producer? (LOL)

Spring: (LOL) Every project has its own character! It’s Hollywood and there are so many different types of people from various walks of life. That’s the fun of it! I tend to expect the craziness. But really, I haven’t had any “Swimming with Sharks” experience.

Mychal: Cool. Regarding digital technology, are there any new business models that Island Def Jam is looking towards in the film business?

Spring: Yes, if it makes sense. We have the talent both on a client and executive level. It’s full throttle if you want to jump into anything. But, we are a music label not a film studio.

Mychal: OK – Last question. What separates Island Def Jam/Universal Music Group from other Labels? Why should a producer hire your services?

Spring: I really believe we are the greatest label! We have the best artists in the world coupled with incredible A & R (Artist and Repertoire). We have artist such as Jay-Z, Jermaine Dupri, Kanye West, Melissa Etheridge, Lucinda Williams, The Killers. And, we are led by people who understand artists. I am here at our label (Island Def Jam) because I want to be. Really…and that’s why we are winning!

The End

 

Darrien Gipson, National Director of SAGIndie

SAGINDIE’S DARRIEN GIPSON SHEPHERDS FILMMAKERS TO SUCCESS!!!!

Mychal: Hello Darrien. I hope you are well! So, lets get down to business. How are you doing and what are your job duties as SAGIndie’s Director? (LOL)

Darrien: (LOL) I am great. Thank you for asking! As the new National Director of SAGIndie, I am responsible for just about everything – global warming, demoting Pluto, lowering Cancer rates. Also, I am responsible for the strategic planning and oversight of SAGIndie, including administration, sponsorship negotiations, national advertising campaigns, and SAGIndie.org – the organization’s online resource for independent filmmakers.

Mychal: (LOL) How did SAGIndie materialize? Is the organization affiliated with SAG?

Darrien: (LOL) The latter is the one question that confuses everyone. Ten (10) years ago, the Screen Actors Guild (“SAG”) realized the boom in Independent Cinema. But, the members were on the outside, so, SAG created various production contracts to benefit their members who want to work on lower budget Independent Films. Because SAG is a guild which is restricted to certain activities, they turned to the Industry Advancement Cooperative Fund (“IACF”), an organization which grants money to organizations that (paraphrasing) provide performers and producers with opportunities to explore ways in which they can work together more effectively. SAGIndie is one hundred percent (100%) funded by a grant from the IACF. So, SAGIndie is not affiliated with SAG as a subsidiary. We are neutral territory and although we would not advocate shooting non-union, we respect the producer’s decision if she/he wishes to do so.

Mychal: How does SAGIndie compete with our Indie film organizations such as the American Film Institute (AFI), Independent Feature Project (IFP) and Film Independent?

Darrien: Actually, we do not compete with any of those organizations. SAGIndie is not based on membership. On the contrary, we partner with these and other organizations, and often sponsor their events if we have common goals. For example, we sponsor IFP events and synergize with them to promote diversity.

Mychal: Earlier this year I participated as a panelist for an American Bar Association (“ABA”) and SAG sponsored event. The topic was the digitalization of Hollywood and the upcoming labor negotiations. With a potential strike looming next year over the SAG collective bargaining agreement, is there a specific mandate for SAGIndie concerning New Media?

Darrien: We are not involved in any of the upcoming 2008 labor negotiations because we are not a part of the guild. Our sole mandate involves the short film and independent feature film arena.

Mychal: We have seen each other on the festival circuit and had some great discussions. What are the goals for SAGIndie at film festivals such as Sundance and film markets such as Cannes?

Darrien: Overall, our mandate is to educate independent producers on the SAG low budget contracts. So, we sponsor and participate on various panels and seminars. We want to facilitate dialogue between actors and producers so each know what to expect in developing their careers.

Mychal: How accessible is your organization to filmmakers? Is there a lot of “Red Tape?”

Darrien: Very accessible. All you need is a telephone or computer (www.SAGIndie.com). We welcome phone calls and we will speak to anyone. Of course, and as with any project, once the producer commits then the Red Tape comes with the contracts. I will say that the process has been streamlined over the past year, and it’s never been easier to make your film signatory to SAG. We will even assist the producers during this process. In fact, every month we offer a free two (2) hour seminar to help filmmakers understand the process.

Mychal: So, do you educate the producers on the pitfalls of various contract?

Darrien: Yes, we educate the producers on the various risk factors especially if they want to shoot non-union. We give all sides of the equation: the good, the bad and the ugly. These contracts are not perfect and the whole industry is changing, so, our job is to assist and give the filmmakers advice to make the best film possible.

Mychal: Does SAGIndie assist filmmakers in packaging their film? What about financing?

Darrien: No, we do not get involved in financing or packaging. However, our website contains a “Resource” page to assist filmmakers.

Mychal: Do you assist producers in getting talent attached?

Darrien: No, we do not. But, we do educate producers on the minimum floor that talent can be compensated. Of course, the actor/actress can ask for anything above that floor and backend end participation which actors commonly ask for.

Mychal: (LOL) Do they ever see it?

Darrien: (LOL) Well, a project needs to not only have a good script but also a producer should prefer to have name talent to attract investors and money to the project. It’s up to the producer to decide if that actor is worth it to them. And, the talent does not have to be ”A-List”, but just one (1) or two (2) recognizable names.

Mychal: Is there a budget range for SAGIndie projects?

Darrien: There are five (5) basic contracts ranging from zero dollars ($0) to two million five hundred thousand dollars (2, 500,000.00). If a producer really utilizes the contracts then she/he can stretch the budget to three million seven hundred and fifty thousand dollars ($3,750,000.00) and still pay his cast less than stipulated in the basic agreement.

Mychal: Sounds like a great deal to me! So, what was your Hollywood journey before ascending to the National Director position at SAGIndie?

Darrien: Well, I initially started out interning for Scott Rudin in his NYC office when I was an undergrad. After college, I worked as an administrator at Columbia Pictures Television Department. After three (3) years at Columbia TV, I attended USC’s Peter Stark program which taught me about the Hollywood business. The program is great in that it concentrates on the film business not the history of cinema. So, you develop a conviction and inside track on how this business really works. Upon graduating from Stark, I was recruited as a creative executive at Russell Simmons Def Pictures where I eventually became a Vice President and oversaw films such as “How to be a Player” and “Gridlock”. From there, I came to SAGIndie!

Mychal: Any advice for minorities and women who are trying to develop their careers in the entertainment industry?

Darrien: Ultimately, it comes down to building relationships with your contemporaries. Its not just the networking, but developing and maintaining relationships because you never know who will be running a studio or production company down the road.

Mychal: My neighbor is well known and respected African American director. She stopped producing and went back to study in order to learn and develop her directing skills. Of course, she lost all of her friends until she rose back on top as a director. (LOL) We laugh about how that is so often the case in this business. Now, she works because of her talent and she does agree with the diversity programs implemented at various organizations. Personally, I think they are great because they offer an opportunity to succeed, but the onus is on the person to capitalize on the opportunity. How do you feel about this issue?

Darrien: SAGIndie has a great diversity program! We try to help people think outside the box when considering roles and jobs, so that minorities, women, handicapped, and seniors will be considered for parts. It is especially important in casting because you have to reflect the world you live in. These diversity incentive programs are there to make people contemplate about new possibilities.

Mychal: Sounds great! Any specific advice for filmmakers?

Darrien: (LOL) Well, there is only so much you can tell filmmakers and there is only so much they will listen too. It is all very personal. But, I will say that it is all about the script! The cream really does rise to the top. A good project will find a home or at the very least create opportunities for you that you never saw coming! But also, watch bad movies along with good movies so you know why a movie is bad and where it went wrong.

Mychal: I advise clients to keep themselves informed on the business and read the trades (Variety, Hollywood Reporter and Hollywood Reporter, Esq.), go online, do research, etc. Do you agree?

Darrien: Yes, read the trades but also read everything. Pay attention to whom is on the rise or is flying just under the radar.

Mychal: Can you tell us an anonymous production nightmare involving talent, writer, director or producer?

Darrien: (LOL) I advised a young producer on a project and told him to follow the rules and basic procedures to the SAG contract. Unfortunately, he did not listen and learned a very expensive lesson where a two hundred dollar ($200.00) cost turned into a six figure expense including penalties and interest!

Mychal: Wow!…wrapping up. Last question. What separates SAGIndie from the other Independent Film organizations?

Darrien: We really do want to help filmmakers make the best film possible. Anyone who is trying to be successful in this business needs to have a great script and the cast to deliver the dialogue. It costs too much money and time to teach someone on the set how to act or hit their mark, so filmmakers need professional talent. A professional does not necessarily mean SAG. It could mean a member of another organization such as AFTRA. But also, professional means the complete package of headshots, training, education, work in Indie films and short films.

 

The End