Thursday, December 28, 2017

ACCOUNTANTS, AND LAWYERS, AND NURSES, OH MY!

This will be my last column for 2017, and I wanted it to help all the filmmakers that received new cameras for Christmas.

This column will cater to filmmakers that have a budget of a few hundred thousand or more rather than those that will be making movies from change found in their sofa. 

Young filmmakers have asked me why I have an accountant, lawyer and nurse included in my credits at the end of my film.  "Aren't they a luxury you can't afford?"  or "wouldn't the money be better used someplace else?"  My answer is always the same.  I have learned from experience that these people are necessities and although you may look at them as not bringing anything to the screen they are very important to every film production.

If you are making a film with absolutely no money then it's hard to look or even act professional.  This is especially true if you are a filmmaker over twenty-one, not living at home and have absolutely nothing to lose if someone is to sue you.  Nothing to lose means nothing to protect.  Shoot away and hope for the best.  Now, for those of us who make films to show a profit for our investors, here are a few necessities besides the obvious ones we see on the screen.

1.  Why do I need an Accountant?

If your budget is two hundred and fifty thousand or more there is a good chance you will be asking for state funded incentives.  These states want an accounting.  Not every expense is counted towards incentives (all states are different).  States such as Louisiana, Georgia, New Mexico, Florida and even California (Although in CA they supply the accountant and you pay for him) you should have an accountant with an understanding of what the state wants and what you need in the way of accounting.  Do you really want to be tied down with this additional task?  Shouldn't you have peace of mind that someone is taking care of this for you? 

Remember, not every accountant understands film incentives.  It's good to look for one that does, interview him/her, look at the films they've worked on in the past and then negotiate a fee.  By the hour?  By a flat fee with a film credit at the end of the film?   That will become part of your budget and when the time comes and you have to present paperwork to receive your incentive money you will be happy you decided to use a professional instead of a sister who took accounting in college.

Remember, for those of us that have an LLC or a corporation for the film project, an accountant is needed to file your taxes at the end of the year.  They also keep an accounting of any money received from distribution and from that, a percentage would have to be paid to unions and your investors.

I let my father do my accounting on a film I did in 1997, entitled "Lycanthrope."  He had an accounting background and incentives weren't being offered at that time.  He just needed the formula for pension and welfare plus state and Federal Taxes to write the checks at the end of the week.  He did a great job.  Every dollar was accounted for and he even had a ledger which showed every detail. Who needs an accountant, right?

The State of Tennessee, California and Florida don't always see eye to eye on taxes.  I received a letter from the Internal Revenue Service asking for thousands of dollars that I didn't have.  The problem stemmed from some of my actors were flown in from Los Angeles, most of my crew was based in Florida and I made the film in Tennessee.  They didn't cover that when my father took accounting in school and I only new the Florida Laws for my crew working in Florida.  I had to hire an accountant to iron things out and the charge was more after the fact than it would have been if I had an accountant on board from the beginning.

Now that we have incentives there is even more of a reason not to skimp on using a professional to keep your accounting.


2.  Why do I need a Lawyer?

If you make your film with a handshake that's commendable, but when your cameraman doesn't show up because he didn't have use of the car that day what are you going to do?  You have a set full of volunteers and maybe even an actor or two that you paid, but no camera.  You call him and you get an "I'm sorry, but something came up".  What are you going to do?  Send everybody home and whatever money you spent that day was spent for nothing. 

Most, if not all, (good) Entertainment Lawyers have in their files generic contracts and agreements.  These are standard texts that 'yes' you can find online.  These agreements are used for locations, crew and you might even need a release form if you use an extra in a shot.

If you use a SAG/AFTRA contract, they are pre-printed but any profit sharing or out of the ordinary requests are not and should be handled by your attorney.  This is just the obvious up front needs for an attorney.  Once you've made your film you are going to want to sell it.  Distributors are going to hand you a contract.  You should have someone who knows what they are reading in the language it is written take a look at it.  Plus, when a film gains any kind of success, people come out of the woodwork looking for their piece.  Your attorney will protect you and if the film fails they can help show you how to protect your personal stuff.

I negotiated selling a few films from my film library about ten years ago.  I made the deal but still needed an attorney to look over the contract and make sure our due diligence was performed for every title we sold.  I had to make sure everyone involved in a percentage of the films signed off and accepted the rate negotiated.  Then the attorney wrote the individual contracts which all became part of the library transaction. It helped me sleep at night.

Network with Entertainment Attorneys.  They can charge you an hourly rate, by the film, or again a negotiated rate with a credit at the end of the film.  In the long run, you need an attorney.


3.  Why do I need a Set Nurse?

Take a look at your SAG/AFTRA contracts.  Not just the addendum at the end of the contract for the Ultra Low or SAG Indie contracts but the pages you are required to follow in the main SAG/AFTRA contract.  Set nurses are suggested during certain scenes and even a medical doctor is required on set for certain stunts.  There are industry trained set nurses that can assist with day to day aches and pains.  You don't want your leading lady unable to go on because of a headache.  I had a scene one time where we were more worried about the shot and not the ant hill we set the camera on.  Ant bites are easy to treat if you know what you are doing.

When your local SAG/AFTRA agent pays a surprise visit to the set (yes, they can do that) it's nice to know that your set has a craft service table and a set nurse and not one that doubles as both.  Professionalism is an attitude but an appearance as well.  Instill that attitude in everyone on your set and you will have a better film.  You will be surprised how many times you use your nurses services as a director.  Plus, if you are lucky enough to never have an incident on your set or behind the scenes they make great stand-ins for lighting.  Nurses get bored too and sometimes will gladly help out if they aren't busy.

I shoot outdoors a lot and there's always a need to tend cuts, scrapes, bruises, and bug bites.

I hope I was able to enlighten some of you why Accountants, Lawyers and Nurses are professionals that should be included on your team. 

Be safe this New Year's and bring a designated driver with you.  I want your next film to be a hit and not an x-ray.

Happy New Year and I'll see you at the movies!

Bob

Bob Cook
Film Director
www.BCEntertainmentGroup.com

Monday, December 18, 2017

NAME THAT FILM!

Remember the old game show "Name that Tune?"  It was the one where two contestants would bid on how few notes it would take for them to name the title of a famous song. I'd always laugh when some contestant would say "I can name that tune in ONE note," and the emcee would reply, "All right, Sally, name that tune!"  I attended a pitch fest with distributors and producers on the panel.  The idea was to pitch either a project or completed film in hope of getting one of the panel members interested enough in your project to fund or purchase it.  I was able to see one of the features that was being pitched and knew two other filmmakers and wanted to observe their pitches.  It's always good to listen and learn.

A filmmaker who made a wonderful faith based film (not going to tell the title to protect identity) was first up.  I viewed his film online and although there were a few minor flaws (which happens in low budget film making) the acting was good, production value good, music original, and story line watchable.  This was a good feature length film worth distributing. The filmmaker's selling point during his pitch was that he made the film for only five thousand dollars.  I immediately thought of the game show.  Why would a filmmaker tell anyone how much he made his film for?  Proud of making the film for no money are you?  What about the people that helped you make the film?  Isn't there a value on friendship and favors?  It's called soft money, or goods and services and all part of the budgeting process.

I saw the credits of his film and there were quite a few actors and crew members that made his vision possible.  There should be a value on their services even though you didn't pay for them.  Think!!! Why would a distributor pay you fifty thousand if he knew you made the film for five?  The lesson here is when you are in prep and working out your budget write EVERYTHING down.  What crew are you using, what equipment do you need, where are you going to shoot?  Put a value on it. Mike is my camera guy because he owns a camera and he will work for free.  Great!  Put a value on Mike and on his camera rental.  We didn't use a dolly, we used a wheelchair or Mom let me use their house and pool to make the film.  Who cares? It's what's on the screen that counts.  Put a value on it.

I worked for director Paul Leder in the 80's & 90's and we made a film entitled "The 11th Commandment" (1987 - aka Body Count).  At a screening of the film at the American Film Market, Paul was approached by Jonathan D. Krane. This is the same Jonathan D. Krane that produced several successful John Travolta films.  He owned and operated a distribution company in the 80's called Manson International (which eventually became MCEG) and he was at the screening of "The 11th Commandment."  He asked Paul what he made the film for and Paul replied "What do you think?"  JK said $500K and Paul replied, "You're good."  Krane offered $350K and a good percentage on the back end.  Paul took the deal.  We made the film for $125K with another $125K in deferred costs (the costs that goes to the people that worked for practically nothing!).  Paul still had enough profit to start the process all over again.  P.S. we never saw a dime on the back end.

I guess what I'm trying to tell filmmakers just getting out of film school is, the pride you show in knowing that you made a good film for practically nothing should be kept to yourself.  If you need to brag about yourself use the term "Cost vs. Production value."  Saying you made your film for five thousand dollars isn't going to get your film sold but a cost ratio of 20 to 1 will keep everyone thinking, "Nice film, wonder what his budget was?"  Try it, you'll like the results.

One last thing as a follow up to last week's post, I am starting to understand the meaning of the word "following."  The more followers you have the more value is placed on what you are saying or doing.  Think of what Senator McCarthy could have accomplished if he had social media to out communists within the Hollywood circle.  Are today's outed sex offenders the Communists of today?  Should art suffer because of the misdeeds of the artist?   It's getting to the point that I don't look forward to the Hollywood trade papers.  Don't want to get back on that tangent again (for Travis' sake) but I saw "Wonder Wheel" the other day and Kate Winslet was marvelous.  Oscar worthy, as was Woody Allen's direction and script.  I can't believe that at eighty-one he still can tell a great cinematic story and elicit great performances from his ensemble. I can only hope that I am able to dress myself at eighty-one.  Go see the film and share your thoughts in the comments section.

This is my last column before Christmas and I want to wish everyone Season's Greetings.  Be well, be safe and most of all be thankful for what we have and for those that help to make our dreams come true.  Merry Christmas!

Bob

Bob Cook
Film Director
B.C. Entertainment Group, Inc.

Monday, December 11, 2017

I got a car for my agent...and it was a good trade!

I purchased tickets to see the new STAR WARS movie.  I bought them online and started thinking "another industry job is being done away with".  Seriously, I went to the movies and bought tickets at a ticket vending machine and had to pick out seats from a chart.  One person in the ticket booth in case you only had cash and one person at a podium tearing tickets for all twenty-four screens. I'm surprised you aren't allowed to bag your own popcorn or pour your own drinks.  I am assuming that day will come.

Negative cutters are already a dinosaur and what's a print?  Everything is done digital and by computer making the process cheaper.  However, I haven't seen the price of admission going down. The big studio corporations use the computer age to cut jobs and increase bottom line.  When are these  studios going to begin making new films and not just reboots, remakes and sequels?

I spoke to John Shea (Frontier Booking) over the weekend. John is a long time friend and agent who has told me even his job is being phased out by Internet postings.  Here's an agent that has been in the business for over twenty-five years and he's struggling to keep the doors open because the new generation of performers believe they can self market through social media.  How crazy is that?  About as crazy as a filmmaker that wants to self distribute his film online rather than pay a percentage to a distributor to increase his chances of getting money back for his investors.

Is it because crowd funding doesn't demand a profit to be turned?  Where have the days of pitching a film for the purpose of showing an investor how (with your business plan) can create a return on investment.  As a filmmaker do you look at an audition tape that has been edited to be perfect or would you rather meet with someone in person.   How about trust in networking?  For years agents and casting directors worked together keeping the producers and directors of the world happy by supplying the right choice.  To me it's important to make sure an actor is punctual, dressed properly and has the demeanor you want representing not only your company but you and your film.  You've heard the expression "You are what you eat?" How about you are judged by those that represent you?  (I just made that one up).  If an actor/actress can't get to the audition on time and can't remember sides, what are the chances they're going to be a good casting choice?  

I just returned last month from AFM (American Film Market) and there are hundreds of distributors looking for product.  Many have connections with the larger VOD and PPV companies.  Companies that you just can't try to send your film to and honestly have a fighting chance.  Networking with distributors is as important as making the film itself.  Due diligence my friends, use the Internet as a source of research and not immediate display.  See what's the most lucrative direction for you to get the word out for your film and at the same time minimize the risk while maximizing the return.  We do still care about return, right?

There are no short cuts.  The film industry is evolving and we as filmmakers need to evolve with it. Yes, it's easier for a filmmaker to write, produce, direct, shoot and edit the project in this new era but should we?  Because the computer age allows us to cut out jobs, should we?  Isn't it better for a filmmaker to use another set of eyes to insure their vision is what the story is telling?  Distributors are now just as interested in how many influencers your film has instead of what name stars are driving your film.  Yes, there are distributors that continue to look at a film based on name value but newer distributors are finding new ways to create a buzz for your film.

I'm going to try something new and original to see if this theory works.  I'll keep you in the loop whether or not it does.

Until then, support Independent film!

Bob Cook
www.BCEntertainmentGroup.com


 

Tuesday, December 5, 2017

Dear Travis:

Inspired by the "M*A*S*H*" episode entitled - "Dear Dad"

Someone by the name of Travis, has written my first negative review for last weeks blog about the serious problem of industry celebrities being taken down by stupid choices they've made in the past. I believe the moral to last week's column was to make sure when casting or working on your project you keep it professional and have an assistant handy to keep you in check.

Travis I believe, was enticed by my headline "Did David O. Selznick grope Olivia de Havilland?" I'm not even sure he read the entire column because of his remarks about what "my" column should contain.  I believe the operative word there was "My" column.  Travis wants me to write more about focusing a camera and lighting a project.  I have 4,031 followers most of which are industry friends, family and coworkers and most of them already know how to light a film and keep a camera in focus. I have to find interesting and topical issues to keep their interest and create a buzz and hopefully increase my following and at the same time make my regular readers happy.  I guess I am saying it's not all about you, Travis.

In today's generation we open ourselves up to ridicule every time we speak in front of an audience or post something in writing.  Social media can turn on us at any minute.  Take you for instance, Travis, when I researched you to find out why the bad review I noticed you like to critique a lot but have never written a kind word or good review to anybody.  Which if anything made me feel better.  I know it's easier to write a bad review than a good one but seriously there had to be a time you researched an article about the industry and thought to write something positive.  Your background also shows some religious mentions.  You like Christian Films and that's good.  I have a friend who is a follower and has a film running during the holiday season on Hallmark.  Wonderful film, I'd tell you the title, Travis, but I fear you would only look for the ugly things or twist the true meaning and make up one of your own and preach as if we should follow you.  Information on all of us is uncomfortably found on the Internet.

Since last week's column, more high profile names have been humbled by misdeeds.  The point which I was making and most of my other readers understood was it's Golden Globe and Oscar time and films are being judged without being seen.  "Wonder Wheel" for example was directed by Woody Allen.  Woody has had his share of controversy before it was fashionable to bring up.  He was found NOT guilty in the State of New York of any wrong doing.  The press to this day still thinks he married his step-daughter (he didn't, he married the adopted daughter of Andre Previn and Mia Farrow).  The eyebrow raising thought, was Woody married someone almost forty years younger. This wasn't the first time that happened in Hollywood.  Woody and Mia were never married and even kept separate dwellings, yet somehow "Wonder Wheel" has lost interest and distribution momentum because it was backed by Amazon and the studio heads there have their own problems with harassment.  Add that on to Woody's tale and the cast and crew of a wonderful period piece which should earn Kate Winslet and Woody Oscar and Golden Globe nominations, goes in the crapper. This has happened to several films and that's topical and that's industry related.

For those of my readers that have a vote, make sure you watch as many as you can screen and vote for the film's content and not the director or producer's backstory.  Travis, I hope you continue to follow and I will include technical articles as they are needed and I believe worth mentioning. Everyone wants to stay current with our ever changing industry.  I am not writing this column as a cheap answer to film school but to share feelings, emotions, and situations that we all encounter daily and perhaps someone has a solution that I can share.

Here's today's question for everyone...What films should receive Oscar nods this year?  The Independent Spirit Awards have already announced their nominees and I was disappointed not to see DOG YEARS starring Burt Reynolds, Chevy Chase and Ariel Winter on the list.  Solid direction and excellent performances all around especially by Burt.  If you can find it playing somewhere or can download it please take the time, you won't be disappointed.  An added plus, the producer of DOG YEARS is Neil Mandt who won Best Picture honors at the Central Florida Film Festival in 2007, with LAST STOP FOR PAUL.  Good to see one of the festival's alumni still making films in the mainstream.

That's all for this week.

See you at the movies!

Regards,
Bob

Monday, November 27, 2017

Was Olivia de Havilland groped by David O. Selznick?

First off I want everyone to know that I do NOT condone any type of sexual harassment in the workplace.  It's not acceptable and there are no exceptions.  Those people are predators and should be turned in, arrested and tossed in jail.

The next section of my blog may be a bit controversial but remember, my Blog is supposed to make us think before we condemn.

Did David O. Selznick grope Olivia de Havilland?  I don't know but it wouldn't have surprised me. Producers and studio executives in Hollywood have behaved like primates since the industry was created.  It was a big factor in the reason Florida's Bible Belt kicked industry types to Hollywoodland, California.  Funny how Florida has been trying to get them back to Florida ever since. Just not as aggressively as Georgia, Louisiana and New Mexico.

There's a documentary out there entitled "Moguls," it's about the creation of the Hollywood as we know it (or remember it).  Studio heads like, Jack Warner and Louis B. Mayer, actually had a hidden bedroom in their offices to bed young starlets.  Predators?  Ya think?  You feared coming forward for the possibility you'd be outcast from the industry that you'd do "anything" to get into.  Don't tell me that Jane Russell's audition at the soda shoppe where she was discovered had anything to do with how she ate ice cream or drank soda.  It was how she fit into that sweater that enhanced her talents and the rest is history.

If you saw the made for TV mini-series "Feud" it showed what both Joan Crawford and Betty Davis went through to stay on top. If they wanted to remain stars they had to either manipulate or surrender to the men in charge.  Betty Davis had the stronger personality than Joan Crawford but they both hung on reinventing themselves as they got older.  By definition "Sexual Harassment" means creating a hostile environment in the workplace.  Which by that same definition means it does not limit a hostile environment to sexual advances but racial and sexual preference prejudices as well.  

Why are so many people coming out of the woodwork to accuse celebrities of harassment?  I understand current attacks but attacks from thirty and even forty years ago?  Some are coming forward after signing a nondisclosure agreement and cashing a check.  I missed the part in the articles where it was reported the victims gave back the money to clear their guilt of not reporting the incident when it happened?  Is it rape when a guy bounces a check on a hooker?  Or is it implied consensual sex when she took the check in the first place?  Some are even coming forward to report an incident where the person in question already received and accepted an apology.

The casting room couch has been an industry joke for generations but now it's taboo.  A lot of people knew about Harvey Weinstein's sick behavior and no one said a thing.  Why?  Peer pressure?  I understand victims coming forward against Bill Cosby.  They have accused him of drugging and raping them and like the Penn State Football coach, justice needs to be served.  Sickening to think about but I am sure "The Cos" will get his day in court and the day to meet his maker and explain.

I've been in the industry a long time and have seen all types.  Predators included.  I've even been to restaurants for a meal and to pick up a script.  However, my own choice would be when told a producer is waiting for me in his hotel room to give me script that the script was the last thing he was giving me.  Red Flag - no matter what sex you are.  How bad do you want this job?  Would it have been better for Weinstein to have a hidden bedroom in his office at TWC and Miramax like Sam Goldwyn?  I presume by today's standards that would have been worse, right?  I guess I just wasn't groped by anyone important enough to come forward.  But as an actor that came up as "the all American boy" I had my share of harassment but I said "no" and the predator listened and went on to the next victim.  Saying "no" and meaning it helps.  No NDA's and checks to buy my silence just a plain ole "no."  Jerry Seinfeld says, "Political correctness is ruining comedy....."  Here's another controversial topic that I will probably receive nasty comments but isn't that what this column is all about.  Is it okay for a handsome leading man to give a neck rub to his costar but harassment when a fat character actor does the same?

I remember Kelly Ross, one of the first women producers at Paramount.  Kelly opened her own studio (CineTrust) in the late 80's.  I met her in an elevator at AFM and pitched her my film "Blood, Sweat & Bullets."  She pushed it through with me at the helm as director.  During the casting of this female "Dirty Dozen" I had nine actresses remaining for seven roles.  The females all had to do a shower scene in the film.  "Tasteful" I explained.  I only had males in the casting room when Kelly arrived and asked if I was done.  In those days, especially on VHS, sex, and violence and good packaging sold films.  Kelly wanted to make sure my selections were okay with the nudity.  I told her "they said they were."  She immediately went into the room where the nine actresses were seated and yelled at them to get undressed.  Seven were as naked as Clark Kent in a phone booth forgetting his Superman Costume.  They other two walked out.  Kelly said, "now these are okay with the nudity." To her credit it was easier to eliminate the two that way.  That was thirty years ago.  I am guessing that process isn't acceptable in today's world.

I guess what I am saying is, "the times they are a changin'".  Make sure you have at least one assistant or at least one female in attendance when casting your film.  It makes for a safer environment for not only the performer but for you as well.  Now at least there is a witness.  Follow SAG/AFTRA rules for casting even if you aren't shooting a union film.  There's a reason the union requests a certain process and if you are going to be successful in the business, as well as respected, it's good to learn to do things correctly and according to the new industry standards.  Treat others as you would like to be treated.  Someone NOT in the entertainment business came up with that one and it works.

My intention wasn't to offend but to offer a different opinion.  Read everyone's and come up with your own.  Until next week.......  

    

Monday, November 20, 2017

A Funny Thing Happened on the way to AFM....

On November 1-8, 2017, I attended the American Film Market in Santa Monica, California.  It was the 19th time I attended and saw many survivors from the video days.  The main focus was AFM is expensive but yet we survive.  How?

"Keeping up with the times" was the most consistent response.  During a seminar about streaming I was reassured about something I have been preaching at my film festival for over a decade.  Don't post or stream your film unless it's a last resort.  The first thing a distributor asks (after if it's financed or completed) is how many followers do you have?  Promising those that put up money via crowd funding doesn't count.  This is especially true if you already promised them a copy of the film as part of their donation reward.  Better to promise them a still or poster of the film and have them download the film at a price when a distributor makes it available.

But why should I share that revenue with a distributor when I can do it myself?  Good point but the answer is that a distributor has the means to get your film a larger reach of viewers.  If you have a large following it gives you leverage when making a deal.  Having three hundred benefactors isn't a large following but having a leading performer with four million followers on social media is!

Netflix is very picky when selecting a film for distribution.  They also have a process and distributors with a track record for providing films to Netflix helps.  It doesn't guarantee anything but it's a foot in the door and if your film holds up and is in the genre they need, you have a shot.  Netflix distributes 25% of the streaming content and your film, if selected, would have a two year play.  If your film doesn't stream well then it's replaced.  Sound familiar?  Back in the video (Mom & Pop) days if your film didn't rent it was placed in the "Previously Viewed" bin and sold off to make room on the shelf. Same principal holds here.

Hulu holds the same principal but accounts for 35% and Amazon pretty much takes anything that you can download with a few exceptions.  They account for 85%.  So telling your investors that you can guarantee them distribution via Amazon doesn't quite mean a return on their dollar.  Having a distributor placing your film in top of the line Video on Demand companies, means they will invest in a marketing strategy and promote you film.  Estimates from Netflix and Hulu hold more weight.  This means it's better to be rejected by several sources before you cut bait and self-distribute on Amazon.

Yes there is an Amazon Prime Access but they are currently figuring out how to distribute via VOD.  Hulu and Amazon use to have venues where you could post your films and they would show commercials during your screening.  The filmmaker would receive a portion of the advertising.  This isn't something they thought was lucrative enough for the providers and they have gone to monthly fees. Competition is strong which means supply and demand is needed.  Just like in the VHS days, if you have a film with a track record you have an excellent chance of getting distribution.

Now that I have put my days as a Festival Director behind me, I can concentrate more on being a filmmaker.  I also want to help as many young filmmakers as possible as I journey back into the Hollywood "Rat Race".  Why just learn from your mistakes when you can learn from mine?  I will be writing a weekly blog providing filmmakers with information helpful to producing and distributing your products.  In January 2018, we will begin covering information as you, the filmmaker, request.  Simply ask a question and I will research your answer and make it part of another blog.  This is how we can help each other continue to survive in this ever changing world of film making.

See you at the movies!

Bob Cook
President
B.C. Entertainment Group, Inc.