CHAPTER 12 PRODUCING
THE PRODUCER AS COACH
The producer is the coach of the project; its guiding force. You hire the team, make up the plays, and with the quarterback (your director), you decide what plays are called and when. Sometimes your quarterback runs with the ball and sometimes passes it to someone else. When in doubt, your quarterback confers with you concerning what to do to succeed. And you and your quarterback lead the victory celebration when you win. When you don’t, the two of you chatter enthusiastically about the plans for the next game. There’s an old story about a meeting between a creative producer and a director just before principle photography begins on a picture. The producer takes a revolver out of his coat pocket and, with a knowing smile, points it at the director. When production begins, the producer gives the revolver to the director who points it at the producer and cocks it. This story has been told for many decades and illustrates the struggle for creative control between producer and the director. In The Bad and the Beautiful, a movie about movies, Kirk Douglas plays a very hands-on producer who keeps telling the director of his movie how to direct. The director finally says to Douglas, “You take over,” and walks off the project. Douglas does and the project becomes a great fiasco.
The moral: producers must produce and directors must direct. It is impossible to have one without the other. They both must be clear on the vision and goal of the project. A good producer is not always a good director, and a good director does not always make a good producer. But a good director needs to know about producing and a good producer needs to know about directing so that both may understand, respect and creatively collaborate with one another.
Integrity and fairness are two words that you must keep in the forefront of your mind when you produce. Never approach a producing situation with the notion that you are always right or that you think the risk is yours and yours alone. Everyone shares in the risk in his or her own way. It may be their ego, their reputation, or their job. But they share in the risk. You should always be interested in what is right rather than who is right. Keep your eye on the project, not on the personal. This approach must be foremost in your mind whether it involves negotiations, production decisions or creative story choices. Always speak your mind. Since you are the producer always say what you think, because other people around you may be afraid to speak. But if you say it in the form of a question you are encouraging others to contribute creatively while nurturing their ego. If you are wrong about something, or something happens on the project that is your fault, never be afraid to admit it. This only shows you have failings and are willing to take the consequences for them. This humility gains you respect, reinforces your creative position and, believe it or not, moves things along on the project.
Your skill as a creative artist with an instinct for storytelling and your expertise as an organizer are both very important. Your gifts for spotting and assembling talent and then delegating authority to directors, writers, composers, editors, art directors, set designers, cinematographers and other above- and below-the-line professionals are honed as you refine your craft. Your passion and professionalism are signs of a truthful belief in the ability of others to support your dreams. During pre-production on a studio project, I was having some early budget control disputes with the studio production manager assigned to the picture. We did not see eye-to-eye on the sequence of pre-production spending in relation to the creative aspects of the project. He wanted to spend money right away on a coordinator, and I wanted to wait until we were further along in pre-production. He noted this to the studio brass and I was soon ordered to report to the head of the studio. One of my executive producers heard about the incident and asked me if I was sure I could bring the picture in for what I had estimated. I absolutely confirmed to him that I could and would, but I had to do it my independent way. That afternoon, putting all his faith in my response, we met with the studio brass. By the end of the meeting, we not only had the studio supporting our tenets of independent producing, but also agreeing that I would determine when and how the budget was spent on the picture. It was their money and they knew we were out to protect it for the project. (Ultimately, the picture came in $70,000 under budget.)
On the same project, a writer was assigned to write a screenplay based on a well-known novel. The screenplay that came in six weeks later bore very little resemblance to the novel. At the first story conference I patiently asked the writer if he had gotten it out of his system. He looked at me strangely and then a smile curled up his mouth and sheepishly nodded his head. I handed him back the script and told him to write it again—this time using the novel as his basis for the story.
You are the coach. People depend on you for advice, guidance, wisdom and knowledge of what must be done to complete the project (and win the game). Some coaches work from the sidelines, some from the air boxes. Some rely on their defensive or offensive coaches to call certain plays, while others do it themselves. Like coaches, producers work in different ways. Some producers delegate a lot of the creative above-the-line responsibility to a director, while others play a more active role. Some employ a line producer for logistical below-the-line decisions affecting creative production decisions, while others want to take that responsibility. Some producers share the producing chores in collaboration with other producers, and some give all the producing responsibilities to others but contractually take the onscreen credit as a producer.
Producing for television is very different than producing a theatrical project. Producers in television must learn how to “pitch” (verbally sell a story or idea) and work with a variety of writers. In television many writers are also the producers who work with network executives to refine the show’s creative elements. They must know how to work with temperamental actors who make more demands as their popularity increases and how to reduce costs to conform to specific budgets while producing shows in volume with increasing creativity. And the shows must be entertaining, informative and thought provoking to stay on the air.
Producing has no age boundaries and its demands are different from project to project. These demands are challenged by the producer’s creativity, knowledge of the process of production, the End Result Use of the project, and the producer’s willingness to be the last word for the project. When any of these responsibilities are delegated or assigned to someone else, it may essentially be because the producer does not have the sureness to tackle the producing or does not understand the creative relationship of the story to the process and the budget. You must have courage and tenacity to produce. Knowing about some of the tools that are available to do the job will also be helpful.
PRODUCING TOOLS AND RESOURCES
Besides your passion, common sense, relationships, creativity, the budget and the production board, there are several other tools that a producer calls upon to assist in the role of producing. First are the relationships they have established over the years. Second are reference books that have detailed digests of the various contracts and agreements of unions and guilds in the United States and throughout the world. You can buy these on web sites, at industry tradeshows or various bookstores that specialize in books on the entertainment industry. The internet offers up information regarding companies involved in the process of film and video production or you can obtain other reference books like The Hollywood Creative Directory, The Producers Motion Picture Directory, Kemps International Directory and LA411. Again you will be able to buy them and other books at bookstores, trade shows and on the Internet.
There are also subscription trade papers that provide daily and weekly information about the industry. The two largest are Daily Variety and the Hollywood Reporter. Although the trade press is often a tool for publicists to create hype around people, projects and events, if you are skilled at “reading between the lines” you will get an idea of what creative talent and businesses are doing and cull knowledge concerning the use of the latest technologies. The Internet offers up web sites like www.deadline.com/hollywood and www.movieline.com which provide moment to moment news of the industry and what is happening.
Third, as an informed independent producer, you should visit the trade show conventions that take place several times a year. At Showbiz Expo (held in Los Angeles and New York), vendors demonstrate the latest technological equipment used in video and film production as well as the latest in digital and new media technology. NAPTE (National Association of Programming and Television Executives) is a buying and selling marketplace for television product throughout the world. A visit to this trade show helps you understand the marketplace for the end use of your product. It also lets you meet various buyers of product and sets future relationships. The NAB (National Association of Broadcasters) is one of the largest conventions in the world. A visit to this convention allows you to see the latest in sound and picture production and post-production technology. It focuses on video and the explosion taking place in the digital environment, its impact as a replacement for film and the possibilities of its end use.
Every state in the United States, as well as countries throughout the world, realizes the value of motion picture and video production to their economies. Therefore film commissions have been established by countries, states, counties and cities—each with the mandate of encouraging production in their locale. Most of them are members of an organization called Association of Film Commissioners International (AFCI) (afci.org). Several times a year they hold a Locations Global Expo to show producers, directors, location managers and other interested parties what they have to offer. Since they compete with one another for your business they offer inducements to the producer. Among them might be financial incentives, personal location services or housing and transportation assists. Some areas do not have unions or guilds; some offer financial discounts due to the exchange rate of the U.S. dollar. All commissions provide published manuals and guides that detail area vendors and local talent both behind and in front of the camera. A visit to a Locations Global Expo will open any producer’s eyes to the creative possibilities that await their production.
Once you have decided on a geographic location for your project, make sure you contact the appropriate film commissioner during pre-production for whatever assistance they may be able to offer. The size of the project makes no difference. Several years ago I was producing a pilot for a reality television series. The segment we were doing focused on Roy Rogers, the famed television cowboy. The segment took my two-man crew and me to Portsmouth, Ohio. I contacted Eve LaPolla the Ohio Film Commissioner at the time, requesting whatever assistance she could provide. We had quite a surprise when we landed in Columbus, Ohio—as we disembarked from the plane, we heard the Ohio State University fight song and then saw a high school marching band in the middle of the airport. Standing in the midst of the musicians were Eve and her staff holding signs welcoming us to Ohio. We were escorted to a waiting limousine that drove us to Portsmouth. As we pulled up to our hotel, a sign on the marquee welcomed us to the “wonderful state of Ohio.” The next two days of shooting went very smoothly thanks to the organization and enthusiasm of the Ohio Film Commission.
It’s Sunday at 7:00 a.m. and I am just stirring in bed when the telephone rings. It is the voice of a Locations Manager who tells me to hang on as he turns the phone over to the Production Manager who says, “Del, I am in trouble—one of the talent for the film being shot is detained at the Miami airport. American Airlines will not allow him to board as he is of Colombian citizenship and does not have a visa to enter Jamaica. You must help me as the project cannot be delayed!” “It’s Sunday,” I tell him. “You have to do something,” he says, “call somebody!” Jamaica being the island it is, I rushed to my office, made a few calls, faxed off a letter to American Airlines in Miami—and the Columbian actor was on the plane. In a few hours he was in Jamaica. Such is the power of the Film Commission.
—Del Crooks, Film Commissioner of Jamaica
The computer is a major tool for the producer. If the producer is the writer the computer lets the writer/producer deliver changes on the spot. Software programs that are specific to budget and scheduling (like Entertainment Partners’ Movie Magic or media Services’ Showbiz Software), are a common part of the producer’s tool bag. Be aware that this software only allows for the input and manipulation of information, not the tenets or philosophy of producing. They are also designed for the production accountant, the production manager and the assistant director and not necessarily for the producer to understand fiscal elements quickly and easily.
Finally, the Internet is a powerful tool for producers. It is full of sites containing easily accessible information about available services. Not only can you find information on vendors, locations and talent but the Internet also has many sites detailing festivals, cast and crew listings, and synopses of projects. Sites such as www.laiff.com (L.A. Independent Film Festival) and bell.ca/filmfest (Toronto International Film Festival) are fine examples. IFCTV.com links to production companies, film festivals, resources, information on channel programming and schedules and a chat room on film. IFILM.com links to 30,000 plus film sites and is also a netcaster for independent short films. www.IFP.org is the Independent Feature Project’s home page and www.IndieWire.com has a lot of information about independent productions, reviews, deals and their structure and film and video festival news. www.Indie.IMDB.com is the Independent Film Internet Movie Database and spotlights independent films. It is a popular site since it contains 230,000 entries (that may or may not be entirely accurate—sometimes you get what you pay for when you use free data) on films produced from 1892 to those in pre-production. And www.pbs.org is an independent site geared towards nonfiction, archives and documentary projects. There are sites on the Internet that provide for the raising of funds and the distribution of short films. The Internet offers product sites, music sites, legal sites, and other sites that you will want to bookmark permanently on your computer. The sites grow and change every month and it is worth a search to see which may be best for your needs. The Internet is the producer’s best friend, and since it can be accessed simply by an app on your cell phone or iPad, you are connected to the global film community instantly.
PRODUCING FINANCE PARTNERS
There are many companies that actively finance projects (either as co-productions, or sole financing) or provide completion bonds for independent productions. Each will require certain documents or specific terms in order to consider a relationship with a producer. They may require creative involvement or approval and finance control. They may also increase your budget with a finance fee adding to your negative cost. Companies of this sort are international and are familiar with independent funds, tax shelters and private investment capital. There are Internet sites that offer these scenarios as well. Some websites, like surfview.com offer a complete list of projects looking for investors and investors looking for projects. Other websites, such as investrum.com, have set up extensive proprietary data collection mechanisms whereby qualifying producers may enter their project details and funding needs online and investors are matched with their projects. The match is always based upon certain parameters set by the finance partners. You must examine the reliability and integrity of these Internet sites and visit them cautiously. Your communication is through a computer and not face to face with a representative. You are never quite sure who you are negotiating with so caution should always be your byword. This can have an affect on a producer’s financial risk, so legal advice is necessary before entering into any financial relationship.
FINANCE
Financing entities have affiliation with financial groups like KC Medien, CineArtists Entertainment, Imperial Bank, Entertainment Finance Group of Melbourne Australia, Independent Film Financing of Toronto, Media Entertainment Funding, GmbH of Munich Germany, General Motors Acceptance Corporation, Southern Pacific Bank and US Bancorp. They work through various financial structures including equity, tax sheltered investments, structured finance, private placements, full or partial collateralized loans, distribution presales or gap financing, and they may look for solid distribution situations to secure the funding. Usually these companies, before considering involvement, want solid experienced producers, completion bonds, and details of the project that include a story synopsis, chain of title showing ownership and copyright, detailed budget of the negative cost, a possible project cash flow, details of the collateral for any loan and a minimum estimate of the value of the unsold film rights. Many of them have individual parameters and like to get involved with the project as early as possible. Their focus is on content and the package and they look towards projects that have good stories, ideas and characters.
Cash Flow Statement–Weekly estimate of the flow of monies to be spent on the project. Usually required by a banking institution or completion bond company.
Pre-sales–Territorial sales of a project to distributors worldwide before the project is completed.
Some companies will have a limit on the investment while others arrange financing for as little as $1 million to as much as $100 million dollars. A few of these companies are listed below.
112 Madison Ave. 12th Floor
New York, New York 10016
E mail: Support@cinemaFinancial.com
1840 Century Park East Suite 1000
Los Angeles, California 90067
9777 Wilshire Blvd. 4th Floor
Beverly Hills, California 90212
2029 Century Park East Suite 1700
Los Angeles, California 90067
9595 Wilshire Blvd Suite 711
Beverly Hills, California 90212
E-mail: litwak@attglobal.net
660 South Figueroa St. Suite 400
Los Angeles, California 90017
E-mail: bpozil@natexisny.com
202 North Canon Drive
Beverly Hills, California 90210
Sloss Law Office
170 5th Avenue
New York, NY 10010
1901 Avenue of the Stars, Suite 120
Los Angeles, California 90067
1888 Century Park East Suite 915
Los Angeles, California 90067
CO-FINANCING
Co-financed projects are becoming commonplace. Co-financing makes sense for the larger studios as it shares the risk of higher budget projects—as in the case of Titanic (Paramount Pictures and 20th Century Fox) or Meet the Parents (DreamWorks and Universal). Studios are trying to make more projects while minimizing their financial outlay. Although co-financing reduces financial exposure, studios might look to how the projects are produced for the solution to higher budget projects. Today the independent film world is larger than it has ever been and projects take different routes to get into the marketplace. It is not enough any longer for the independent producer to have an independent voice, as there is a huge amount of product (good and bad) available.
The independent market demands more from the producer than just making the project. It requires the producer to maneuver through the film festival circuit or to find a distributor and make sure the distributor handles the project properly. The producer must look towards project marketability and audience demographics. This used to be the domain of just the distributor but since independent projects are now made for niche audiences (focusing on race, religion or sexual preference, etc.); the producer must have a stronger handle on these demographics. This market specialization is transpiring more and more in the cable market and with smaller pictures for theatrical distribution.
There are many independent companies who seek projects that fall within these guidelines and through their relationships can help to finance, produce and distribute independent projects. Each company has different methods and requirements for financing. In all cases they want creative input or control, a percentage of equity participation in the project, or complete ownership. They will be your creative partner, so make sure that the relationship is right for you. These companies look for projects within specific genres or budget ranges and may ask for packaged projects with high level names attached; they may look for projects geared for a specific market. What they all ask for, however, are strong narrative scripts with good characters or interesting non-narrative projects with unique approaches. You find these companies selling product and looking for projects and relationships at film marketplaces like the American Film Market (AFM), the Milan International Film Festival (MIFED), or the Cannes Film Festival. You also find listings of these companies two or three times a year in the trade papers or in periodical journals. Word of mouth can also lead you to the right doors.
COMPLETION BONDS
No matter how you finance your independent project, financing looks to the completion bond as security. Several completion bond companies aggressively seek independent projects and have experienced production people on staff; but they still will look at the expertise of the producer and director before considering participation. Many of them consider bonding lower budget projects while some consider only projects in the higher ranges (up to $100 million dollars). There are bonding companies that bond foreign projects and do business in foreign countries. Others only focus on projects that are produced in the United States and Canada. Completion bond companies establish production and location contacts through the course of doing business and are an excellent resource for you.
FILM FESTIVALS
The film or video festival circuit is becoming more important in getting your project distributed. It seems, however, that there are more festivals throughout the world than there are feature projects and more are springing up all the time. They are becoming one of the more popular marketplaces for independent productions. The oldest is the Cannes Film Festival, which premiered in 1946 and each spring becomes the center of world glamour as studios and producers send their stars and directors to France to help the promotion of their film projects. The granddaddy and most progressive of the current independent festival circuit is the Sundance Film Festival, the gold ring independent producers reach for in the festival circuit. Originally, it offered only feature projects, but has since expanded into documentary, short, animation and experimental forms.
Short narratives are becoming more important as the marketplace for shorts have opened up worldwide. The Nortel Palm Springs International Film Festival, founded by Sonny Bono, has two festivals—one for features and one for shorts. The Santa Barbara Film Festival is planned on the heels of the American Film Market held in Los Angeles and occurs just before the final Oscar® ballot deadline. The Berlin International Film Festival focuses on independent features, shorts, documentaries and animation. The festival of festivals is the Toronto International Film Festival which compiles the cream of the crop of films from festivals throughout the world and likes to screen specialty and art films that might have a difficult time getting started. Toronto has become an important festival. The Television Academy of Arts and Sciences has a video festival competition every year, and more and more digital festivals are appearing throughout the world.
But getting into a festival is one thing. Having the support from the festival is another, which is why you must examine the festival circuit very cautiously. Researching the right festival for your project can make all the difference. Some people think that with short projects, the more festivals you are in, the better, while others believe that you need to find a festival that will premier and back your feature project. The festival circuit can create a buzz and help you find a domestic or international distributor. It can help you get the ultimate prize, an Academy Award®, or it can help you raise your goals to a new level.
The Internet is a good source for film festivals throughout the world. Several good web directory sites with links are www.ifilm.com, www.filmthreat.com (independent movies), www.moviebytes.com, www.marklitwak.com and www.insidefilm.com.
In the multicamera format a creative producer is invaluable. The technical considerations while directing a multicamera shoot can be overwhelming and distracting. A well-trained, talented creative producer can offer an objective eye and provide insights toward realizing the potential of the work. A strong collaborative relationship between the director and the creative producer is an unquestionable asset for any production.
—Herb Stein, Director, Days of Our Lives
