STARTING A FILM PRODUCTION COMPANY WITH YOUR OWN IP…

Starting a production company is a lot of hard work.  I talked to an esteemed colleague that helped point me in the right direction.  I agreed not give out his name online, but can mention his initials, A.P. He and I work together and he has given me insight into some elements that I may need to consider when starting a production company with your own Intellectual Property (IP for short).  

There are factors that you have to look out for when starting it.  Especially if you’re starting a film production company (especially in dealing with feature films) and want to avoid as many liabilities as possible.  After speaking with a fellow colleague, the best way to go in creating a decent business plan that could help you avoid liabilities along the way is to make sure that you would have a decent IP’s (Intellectual Properties) to start with under your belt.  It’s best that you start with material that you have created.  In this case, you can avoid the pitfalls of liabilities of using someone else’s work. 

            Having your own, I mean by writing your own material, whether it would be a screenplay or treatment.  Starting with your own is the best way.  It also helps as well (if you can) to have lawyer that can work with you.  A while back, I attempted to start my own production company dealing with just my own material and the end result is that I had a hard time getting things off the ground because at the time, I couldn’t afford it and I thought (with my hubris) that I could handle things the way I wanted to, on my own terms.  You know what people say, “Pride goeth before the fall.”  Little did I know that the world doesn’t operate that way (or I was too stubborn to see).  Without having a lawyer to look at the contract for my first film, RECOIL, I didn’t pay attention to some of the liabilities that I could have avoided.  Ultimately, circumstances didn’t work out the way I thought  they should have gone for the simple fact that I didn’t know any better. 

            Additionally, the main issue that I felt I got right was that I wanted to shoot films under my production company was my own material.  With that being said, I didn’t have to worry about licensing out other people’s material or deal with anyone else’s headaches but my own.  I feel that when I do it again, I will circumvent (hopefully) some of the issues that I went through when I shot my first feature film in the initially.  The liabilities I want to avoid this time around are very crucial to my production company’s development especially when it comes to owning your own IP or creative property.  

Do celebrities enjoy being in trouble?

In recent events in the cases with the law and celebrities, often times after committing crimes, they usually get off with a “slap on the wrist” type sentence.  Usually, thirty days, or  a few month and then they are back on the scene as if nothing happened nine time out of ten.  On the other hand, if there were an ordinary citizen committing the crime, then they would get the whole “book” thrown at them and get many months to years in prison.  The old adage of celebrities with money, they then become something or an individual above the law…to a degree.  Three prime examples that have taken place in recent history involving stealing, becoming inebriated (at the wrong times), or just carrying weapons at the wrong place and time.  These are just a few of celebrities misfortunes that they wrought on themselves.  At the same time, once they are let out or release back into the world, the public embraces them, even when they’re clearly in the wrong. 

            The first example I would like to bring up is the case of T.I. (Tip Harris).  He’s had troubles with the law throughout his hip hop career.  Also, he has been in and out of prison as a result (especially after his last charge of carrying a concealed weapon) and turns around to go back after being out one day and then getting caught with drugs at the airport, and eventually would have to go back again as a result.  I mean where is the logic, or better yet, where is the common sense?

            Lindsay Lohan, has had her fair share of problems with the law, especially with her cases related to her alcohol abuse issues.  But what I didn’t understand was Lindsay stole a necklace from a jeweler and eventually brought it back.  There was such public scrutiny behind it and eventually, she made a deal with the courts because she brought the necklace back. 

            The last example, which took place a little while back (back in 2002), was the issue of Winona Ryder stealing clothes from a boutique.  She was clearly not hurting for money, yet she committed theft and a lot of people were throwing their hands in the air with the feeling of “why?”  Nobody gets it.  I sure didn’t either. 

            The point that I am making with these court cases is that these celebrities have all of this money and power and they are getting into trouble.  Not once, not twice, but over and over again.  It’s as if they have no fear or respect for the law, simply put because they can “buy” it because of their celebrity status.  But if a regular average person were to do the same thing, it wouldn’t get any kind of publicity, but at the same time, it probably wouldn’t even show up on the news.  In turn because of the controversies from these celebrities, on whatever project that they’re working on could be helped or hindered from the negative publicity.  It seems that the public embraces them because once they are free from the judicial issues, it appears that they’ve “bucked the system.”  I know controversy and bad publicity sells, but how long will the public embrace it?  Who knows.

            Lastly, does the bad publicity affect ticket sales for films.  One has to wonder when people still patronize the films or projects that they are in, they increase sales as a result.  Any way you look at it, it still boils down to the bottom line.

It doesn’t make any kind of sense. 

Getting to that "Next Level"

Being a filmmaker, one has to wonder of getting to the “next level” when they’re starting out.  I mean you can shoot films until you’re blue in the face, but if no one sees it or gains any kind of exposure, then what?  Does it sit on the shelf?  Does it get distributed?  Will it ever see the light of day?  Those are questions that a filmmaker has to ask after the last wrap date, or the last post-production date.  It’s nerve-wracking to think of things as such.  Especially after putting all the hard work into producing the film in the first place.  Even with venues that can help with the distribution process like Amazon, YouTube, and daily motion (just to name a few) the question still remains is who is the key person that is going to see it.  Especially if that key person can help take you or point you in the right direction to the “next stage.” 

            What I mean by the “next level” is actually getting paid and making a decent living for all your hard work on making films.  That “next level” also entails getting financing or backing to shoot another film and becoming more and more successful at it.  I learned the hard way that just because you shoot a film, you’re only as good as your last project.  Case in point, I shot film named RECOIL some years back.  Went through the process of getting it done with my co-producer/brother.  If it wasn’t for the timely meeting of a key person at a distribution company, I don’t know if it would have been picked up.  My film went to direct-to-video, which is better than a lot of films that are still sitting on fellow filmmakers’ shelves.  In a nutshell, before it got picked up, I almost gave up on the film.  I was burned out, and there were lots of other things going on at the time (health, pressure from work…among other things) and I didn’t want to have anything to do with my film that I busted my @$$ on.  I was tired, trying to do too many things at the same time.  My brother didn’t give up on the film and he found that key person that helped us(that’s the short version by the way).  I was just wondering, what if he didn’t find that distribution person, then what?  I kept asking myself that same question over and over again. 

            Even after the film was sold, and it got proper distribution, I was still wondering was I going to get to that “next level” where I don’t have to deal with the pressures from a “day job” nonetheless (At a major studio).  Is it fear?  Is it necessity? Or is it something else, not meeting the right kind of people when my brother and I sold our film.  At the time, I thought that it would open doors for us.  It did not.  As a filmmaker, I was right back at square root one, trying to figure out what to do to get to that “next level.”  Some of my peers that I’ve worked with on my film have reached that “next level” and I get frustrated wondering, is there something that I’m not doing to reach that next phase or is it just fate, fear, or something more.  I don’t know, but I do know this…I’m not going to stop doing what I can to get there.  I’m a little wiser and older now.  The passion is still there, but it’s not what it used to be granted, but it is still there.  All I ask is to make a decent living doing what I love, making movies.  

SUPERHERO FILM GENRE, OVERSATURATION? OR THE BEGINNING OF MORE...?

Nowadays, it seems that there is new superhero film coming out every week.  Not that its anything wrong with that, but what I’m worried about is an oversaturation of the film market with superhero films.  Mainly from the big two companies, Marvel and DC, which are in turn owned by Disney and Warner Bros. respectively.  Superman the Movie (1978), and Batman (1989) were the like the “golden” age of superhero films, during which another film that wasn’t related to that genre…to a degree, Robocop (1987) but can easily fall into that category.   Superman and Batman films were examples of film superhero films done right, but at the same time Robocop (which wasn’t owned by Marvel or DC) came out and shone into prominence around that time.  Another good example is Todd McFarlane’s Spawn (1997), and Jim Barr’s The Crow (1994) which came out at a time when Marvel and DC weren’t “heavy hitters” yet and their characters have yet to hit their stride on the big screen.  

 Blade (1998), to me was the beginning of the “modern” age of superhero films, which in turn opened the door for films like Spider-Man, Iron-Man, Batman Begins, etc…(I’m not acknowledging Batman and Robin, and barely Batman forever).   What I’m worried about in the long run, is that people will get tired of seeing these films, especially now that these kinds of films have hit their stride (especially with the success with the Iron Man films, and now Thor).   I, myself personally would like to see a continuation of these kinds of films because I grew up reading the comics and watching the animated series that are now related to them.  At the same time, there are other comic, superhero characters that have yet to be tapped into from other companies and creators that have yet to be seen and not as well known either, but by just the comic fans themselves.  

What I want to see are more films in that genre, but from different creators other than the “big two” (Marvel and DC), and or continuation of stories like Spawn, and stories from indie comics like BOOM! Studios (Irredeemable – A Superman type character gone bad and Incorruptible – A super powered criminal wanting to go straight…both which are EXCELLENT comics) and Image Comics characters  (besides the The Walking Dead) just to name a few.  There are other characters out there that have been created.  I myself have a few that I’ve created, but have yet to get any kind of exposure (in which I'm still pushing for).   I think with the proper channels and RIGHT DECISIONS from agents and studio heads that more stories like this can be told on the big screen. 

Signing out for now…

I can and I will succeed…through successful negotiation

Lonnell Baker is a good friend of mine that I watched manage stage plays on a regular basis.  He remains steadily devoted to his craft of managing stage plays.  I had the fortunate opportunity to watch him at work dealing with a stage play called “Trees Don’t Bleed In Tuskegee” about 10-12 years ago here in L.A.  There were issues that came up between the Director, the cast, and crew; Lonnell stepped in and managed the disputes between the director, actors, and crew.  Backstage, on one particular night got really ugly, and Lonnell negotiated terms between them and managed to get the play back onto track hours before it went up for one of its performances. 

Lonnell played it straight with his cast mates and he usually didn’t candy coat things when it came to their duties.  The Director on the other hand, I’m not going to mention any names, was someone that a lot of people didn’t like.  He wanted to push his actors pretty hard, and at the same time didn’t give them the recognition that they deserved.  Lonnell came in and changed that, for the short time that the play ran.  He always looked out for everyone that was involved in the production and had his or her best interests at hand.

When I interviewed him, it had been at least 10 years since the last time I saw him, and he was still as vibrant as ever and still devoted to being a stage manager (along with keeping his steady day job).  He told me that he always thought of the people that worked for him during productions and when problems came up, he always placed himself in their shoes.  In that way, he would gain a better understanding of the problem itself and working it out mostly between the director and the cast (and sometimes) the crew.     

One of these days, I want him to manage my cast and crew when I set about shooting my next project.  By all means, I will do it and I will succeed and be fair, just like a particular stage manager by the name of Lonnell Baker.  

JUST FINISH THE DAMN STORY ALREADY!!!

     Franchise movies are a big business for major movie studios…if they are done right.  Too many cases, however, the films are not done right much to the chagrin of the audience.  I love a good chunk of the franchises that are out there (Star Wars Episodes 1-6, Star Trek, Terminator Saga, Bourne Saga...you get the picture).  But there are some like the Terminator franchise I would like for them to wrap up.  I know that box office numbers determine when and if more movies get made.  I would like to see a resolution to some of the stories that are out there.  Not reboots, just an endgame to the stories that have been put out.  A good example is the Star Wars Saga.  Episodes 1 through 6 chronicled the Skywalker family and eventually it was resolved (somewhat backwards with the prequel trilogy…but resolved nonetheless). 

     I would like to see a resolution to the Terminator Saga as well but with the box office numbers dwindling since the last outing (Terminator Salvation domestic number was $125,322,469, Terminator 3 came in at 150,000,000…you see where I’m going with this) (Box Office Mojo.com) that remains to be seen.  I would like to see a resolution to the story because the generation that followed the series is getting older and the younger viewers that have shorter attention spans and may not be interested in the films as time goes on.  Maybe I’m just generalizing about the younger viewers, but I do know that with each film, if the story isn’t produced correctly, it will definitely show with the box office numbers.  The viewers (aka the consumers) will be disappointed and would be leery of checking out the next installment.  In this case, the dollars speak more than the creativity and therein lies the problem. 

     I guarantee you if the last Terminator film was a serious  hit and the box office numbers was reflective of that, they would have green-lit another entry into the franchise quick fast and in a hurry.  But since it didn’t (plus rights issues are going on) no one is in a hurry to resolve the storyline.  I for one would like to see the end of the story. 

Lastly, studios are on the hunt for new material, but yet at the same time, they re-hash it, re-envision it, re-make it, re-whatever…I would like to see some kind of closure with some of the franchises out there.  I also hope that when they do finish these storylines that were started so long ago, they don’t mess them up (like the major studios tend to do) for the sake of the “bottom line.” 

Too Much Charlie Sheen?

I was observing some entertainment sites especially Deadline.com and I was observing that Charlie Sheen is getting his own reality show after all of the mess that he’s been in lately.  His show “Two and a Half Men” getting cancelled, his ex-wife taking him, to court over the custody of his children, and then his rants to the media about everything that is going on with him.  I mean when is enough is enough? Has society gotten to the point that when they see a celebrity go through the ringer, people thrive on it wanting to see more and more?  Now there talks of him getting a reality show.  I don’t know but, its like where did creativity go out the window and has been replaced by sheer drama of everyday life. 

     Reality TV, watching entertainment news shows like ET, The Insider, and TMZ thrive off from it and people seem to be wanting more and more.  It makes a person wonder about the future of the entertainment business.  Reality is hard enough to deal with.  But when people get to a point of watching someone else’s misery or drama, it’s a little sad.  The saying “misery loves company” brings new meaning to reality TV.  My observation is this, people in general have enough misery going on in their own lives and when they see a celebrity like Charlie Sheen go through his share of it people watch because they want to see what happens next, like a soap opera.  A few years back, Brittney Spears went through the gauntlet of drama in here life, and so did Michael Jackson when he was alive.  Everyone likes to see drama, whether it’s real or if it’s scripted.  As far as I’m concerned, there’s enough drama in the world to write volumes upon volumes of books on it.