On December 3, 2011 the Nevada Film Alliance hosted Oscar-winning producer Edward Saxon’s (Silence of the Lambs) first ever all day seminar here in Las Vegas.  A few weeks ago I shared some of what was discussed and now here is Part 2.  One topic that Ed spent a great deal of time talking about was the circle of people often found surrounding talent.  For example, an actor could easily have an agent, manager, lawyer and publicist handling a variety of the duties and Ed spoke about some of the responsibilities each one has and how much they are usually paid.  An agent normally makes 10% of the actor’s take and Saxon explained that the bigger the agency the more clients they are going to have.  The largest ones right now are CAA, William Morris Endeavor or WME, ICM and United Talent Agency.  Agencies like these have departments for film, TV, music and corporate sports and as a rule agents field offers and package deals while serving as a great resource for obtaining information and achieving access to other talent.  Next, Ed spoke about the managers noting that one major difference between the two is that a manager can’t negotiate a deal.  Also, under California law, agents can’t be producers, however, managers can.  They also give more attention to the client and are more apt to find and develop new materials and be more concerned with helping the people they represent realize their dreams.  Managers receive 10% or more for their services.  Then there is the publicist who handles the public persona of the clients and escorts them to press conferences, red carpets and other events.  The publicist is often the person seen traveling with talent and acting as a go between with the media.  Publicists earn an average of 3-4k a month.  Finally, there are the attorneys who negotiate the deals, make introductions and handle all contracts.  Lawyers should have entertainment industry experience so that they know what is considered boiler plate in a contract and what items need to be negotiated or argued about. It is best to have someone representing you who is both a litigation specialist and a troubleshooter.  They earn about 5% of the talent’s income for these skills.  As a result approximately 30-35% of the actor’s pay goes to the team.  

After covering this area we moved on to discussing different types of script deals.  Ed talked about 1^st look development spec scripts where nothing is paid in advance yet the story can be locked up for six months with sweat equity, then there are various other types of option deals.  A screenplay can be optioned many ways including using an agreement where very little money is paid now against money in the future.  You need to think about what you want to get out of the deal before making it.  For example, author Steven King has sold options for as little as a $1.00, providing he keeps control of his work.  You should also consider the reputation and track record of the producers involved and whether or not you feel they will do justice to the story and actually be able to produce it.  Also, if you don’t have enough time during the period originally allotted, a second option can be negotiated extending the rights for up to another 18 months. Saxon explained that there are many ways to set up these agreements and anybody who is interesting in producing can contact a writer and negotiate terms for their work.

There were a few other details he suggested we make note of.  First of all, be aware of revision clauses whereby the story is purchased for a number of years, then the rights return to the writer.  Also, when a guild writer is hired there is a minimum scale set with a percentage of the payment owed being due on the 1^st day of shooting principle photography. He also mentioned some of the different areas scripts come from such as newspaper or magazine articles, video games, non-fiction novels, news items, original screenplays, fictional novels and graphic novels.  Pay attention to the types of stories that are being bought and produced.  For instance across all studios the ratio of comedy to dramas is around 1/3. 

Unions and guilds were created by the studios and they set the terms.  Signatory companies employ members under rules of the guild which provides a certain amount of protection.  For example, two guild writers can’t be hired to do the same script without waivers being signed.  If there’s a dispute over credit, there’s an arbitration procedure, then there are also healthcare benefits and residuals that the guild offers.  Productions are budgeted for a 12 hour a day turnaround time for talent and 10 hours for crew, which is necessary to note with regards to budgeting. 

Saxon also spoke about different job functions on the set and how assistant directors make up schedules and handle extras.  He said that one of the rules for having continuous employment is establishing continuity and being able to balance artistic and economical needs of the shoot.  He added that casting directors are crucial as sounding boards in the early stages of putting a film together because they recognize who is good, while during production the script supervisor is key because of the notes taken on the set.  Another hint is to be aware of your transportation needs since the trucks have to reach your locations first.  He suggested casting locals and getting to know who is in the community where you are and that if you are a producer stay out of things.  Know what you’re supposed to do and don’t mess with anything else.  

Perhaps the most fun part of the day was hearing some of Saxon’s stories about the films he’s made.  For example, he referred to “Silence of the Lambs” as a version of Little Red Riding Hood.  Ed claims that they had no idea the film would be so successful adding that when you are making a movie you don’t know how it will work out.  Originally Gene Hackman and Michelle Pfeiffer were considered for the leads, but both thought the script was too grisly so the studio began looking at Sean Connery and Jack Nicholson, who also turned it down.  At the time Anthony Hopkins was doing stage work in London and wasn’t originally a strong contender since the studio preferred having a movie star in the lead.  

Calling “Philadelphia” as a political piece Saxon said it was not made for people who had gay friends with aids, but rather for people who weren’t there yet.  The film made twice the amount of money overseas as it did in the states.  The Denzel Washington character wasn’t in the 1^st draft of the script and originally the lawyer was written as an Italian, yet Ed believes that Denzel’s part was crucial for Tom Hank’s Oscar win.  Saxon also admitted that he almost cut the Opera scene because he thought it was stereographical, but was glad he didn’t because Hanks turned out so great in it.  He recommended that when in doubt you go for it after admitting that producers tend to play it safer while directors are the ones who like to push.  “Trust yourself,” he advised.  Currently, Ed is enjoying television success as Executive Producer of the new HBO series “Enlightened” starring Laura Dern, which has presented him with different types of challenges since with television everything is constantly in pre-production, production and post-production.  Perhaps the truest words of wisdom he shared during the seminar were actually first spoken by Harry Belafonte who said, “Be careful how you treat people when you’re on the way up cause you’ll meet them when you’re on the way up again.”

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Filmmakers Notebook spoke with actress D.J. Harner, who appears in the short film “Dog Math”, a poignant story about a child first experiencing loss with the death of a beloved pet.  John Donovan and I first met D.J. last summer here in Las Vegas when she was here for a screening of the film and since then it has been an official selection in several film festivals.  This was D.J.’s first time producing as well as acting in a project and we got her take on some of the differences she’s found in each of these roles when attending an event to promote a film.  We also touched on the topic of casting, which she’s begun doing for some shorts and learned about what’s next for the actress including another project with Lori Stoll, who wrote and directed “Dog Math”.

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Now for something totally different…Ususally when John Donovan and I welcome a guest to Filmmakers Notebook it’s a filmmaker, but this time we were joined by Eyob Mergia, an amazing artist whose exhibit called Inner Voice is being featured at our home away from home Theatre7 in the downtown arts district.  Eyob emigrated from Ethiopia and after living in Sioux Falls, South Dakota relocated to Las Vegas.   He is in the process of opening his own gallery and hopes to become a permanent fixture in the arts scene here.  Meanwhile, his wonderful paintings are being featured at Theatre7 through February 3rd when First Friday takes over the neighborhood.  I’m sure once you’ve listened to this interview you’ll be very excited to check out his work for yourself.

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John Donovan and I celebrated the first Filmmakers Notebook radio show of 2012 by interviewing one of our favorite Las Vegas Filmmakers – Kelly Schwarze, who is perhaps best known for directing “You People” and now has a new feature called “Territory 8″ in the works.  Another one of the latest projects he has taken on along with wife Charisma has been launching a new motion picture studio specifically tailored for independent artists called The Indie Film Factory.  Aimed at providing affordable, professional space to filmmakers, The Indie Film Factory will also offer low-cost workshops and host panel discussions related to a number of movie making related topics.  Following their successful IndieGoGo campaign the couple has secured a location and will soon be announcing their grand opening.  For more information listen to our interview with Kelly and check out their website at http://www.indiefilmfactory.com/.

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In view of the constant changes happening with regard to state tax film credits it’s great to receive frequent updates from The Incentives Office.  For those who are unfamiliar with this organization, they help monetize soft money by providing estimates and vetting anticipated tax credits or rebates for producers and lenders.  They are known for managing the entire incentives process from state selection to application, preparation and submission, enhancing the incentives, arranging to cash-flow credits or rebates, tracking, filing for the money and expediting the payment of funds.  In addition, they also help states to develop new incentives and improve existing programs.  Below I’ve posted the latest information they sent out this week:

First of all, there is a new commissioner in Florida.  Shari Kerrigan, a prior legal advisor to the Senate Democratic Caucus in Florida, has been appointed interim director of the Florida Film and Entertainment Commission.  Since 2008 Lucia Fishburne has served in this position after being appointed by the previous governor.  In several states the person in this position serves at the pleasure of the governor and commissions in Massachusetts, New Mexico, South Carolina and Colorado resigned once the new governors in those states took office. 

Moving on to Hawaii, the new legislative session is set to begin and a bill will be introduced to increase the state’s 15% or 20% refundable credit.  A similar proposal stalled in committee during the last legislative session.  “The Descendants”,  a 2012 Golden Globe winner, was filmed on location in Hawaii. 

On Saturday, February 11, Jeff Begun and Ease Entertainment will be participating in a “Financing Your Independent Film” panel at the Oxford Film Festival in Oxford, Mississippi.  Information about the festival can be viewed at http://www.oxfordfilmfest.com/category/off/.  The Incentives Office was also represented this year at Sundance with Dama Claire holding court in the lobby of the Stein Eriksen from January 21^st through the 23^rd. 

The organization’s official 2012 Winter Guide to U.S. Production Incentives is now available for download by visiting their website at http://www.tio1000.com/.

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If you are one of the lucky people headed to the Sundance Film Festival and are interested in attending a panel discussion that could help you with your filmmaking career be sure to check out “Financing Your Film: Avoiding the Pitfalls from Business Plan to Distribution”, which will be held on Monday, January 23, 2012 from 1:30pm-4:00pm at The Blind Dog in Park City.  The cost for the event is $15.00 so space is limited to the first hundred registrants and over 30 individuals have signed up already during pre-registration.

This seminar is structured so that it will help filmmakers approach investors and/or financiers and aid them in getting their projects into the theaters, while learning how to avoid many of the potential pitfalls they’ll encounter during the process.  It will also cover how to develop and execute an effective business plan.  A must for anyone in the development stage several industry experts will share their own experiences and expertise related to the filmmaking process and answer specific questions.  It will also provide a step-by-step explanation of how the business looks at a film project and explains the necessity of having a business plan, which contracts need to be in place, the subtleties of comparing the various state incentives, pre-production pitfalls to avoid and how all of these factors effect financing and distribution deals.

Specific topics include: How to protect your material including the importance of copyright and the “Chain of Title”; When is a screenplay “Ready to Go?”; How to build a pitch team for investors and who to stay away from; Attaching talent, casting directors, agents and managers; How to attach a Director, DP, Production Designer and other key personnel; Determining when you need an attorney, an accountant and a line producer; Preparing a production budget and schedule, Why you need a business plan and how it is different from a “producer’s package”; Legal and business pitfalls in the process; Monetizing tax rebates and credits; The Importance of financial projections and cash flow; How and where to look for funding; What to look for in distribution deals; and how to qualify investors and recognize scams. 

One of the key industry people featured on the panel includes Entertainment Attorney Hal “Corky” Kessler from Deutsch, Levy & Engel.  Corky has been speaking at events that are aimed at helping independent filmmakers for years and has extensive entertainment industry experience.  He is well known for his expertise with tax incentives and has worked with governors andUnited Stateslawmakers in many states to implement incentives including Sections 181 and 198 of The American Jobs Creation Act of 2004.  Corky has been the attorney and/or executive producer of over 18 films and 3 films funds and is currently active on over 20 projects. 

Another familiar face in the world of film is Louise Levison, President of Business Strategies (moviemoney.com), who has been a financial consultant in the film industry for over 20 years.  She specializes in creating business plans and consulting on other aspects of independent filmmaking and distribution.  Author of “Filmmakers & Financing: Business Plans for Independents” and publisher/editor of “The Film Entrepreneur: A Newsletter for the Independent Filmmaker and Investors” perhaps Louise’s most well known independent low-budget film client has been the producers of “The Blair Witch Project although she has assisted companies in raising as much as $300 million dollars. 

Todd Hein, the Senior Manager of the Federal Tax Unit in the Los Angeles Office of Crowe Horwath James will also be on the panel.  He specializes in income tax compliance and planning for entertainment industry clients and related service businesses.

Representing the Distribution side of the business will be Gil Agaure, President of Koan, which was founded in theU.S.in 1993.  Prior to that he worked as Director of Sales for a French production company and was heavily involved in developing the concept of a 40 episode documentary series hosted by Christopher Reeve called “Adventure”, which sold to 112 countries.  Koan focuses primarily on feature films and is a front runner in the family film arena and an important resource for buyers from television stations and DVD companies worldwide. 

The subject of Risk Management will be addressed by David Mackin, the Vice President of JMB Insurance, who works with all of the sources, domestic, international and captive, for film insurance and completion bonding.  This includes innovative protective providers who may now comprehensively offer viable general insurance, errors and omissions insurance and surety bonding with a synthesized single underwriting. 

Rounding out the panel is Line Producer John Corser, who will be acting as Moderator.  An award-winning producer of commercials, promotional films, music videos, features, television productions and education films, his projects have spanned 20 countries, 5 continents and a variety of settings.  An expert in digital media production, John has earned numerous awards and distinctions. 

More information about the panel is available at http://events.r20.constantcontact.com/register/event?oeidk=a07e5glika2d7854582&llr=upx85ieab  

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One organization worth checking out and joining for any filmmaker interested in making documentaries is the IDA (International Documentary Association) located in Los Angeles.  A non-profit, the IDA acts as an advocate for filmmakers, can assist with fiscal sponsorship, and offers a number of services and educational programs (mostly located in LA and New York).  One such event sponsored by DOC U called Understanding Fair Use is coming up on January 30^th inLos Angeles and it is sure to be of great help to indie filmmakers.  Anyone planning to utilize the Fair Use Doctrine as part of a project should be aware of how it works and about the changes that have been created by recent legislation.  First of all, The Fair Use Doctrine allows for copyrighted materials to be used without permission or payment so long as certain conditions are met, but often times filmmakers are not sure which circumstances allow for its use or how it is determined.  In addition, recently passed legislation such as the Digital Millennium Copyright Act could impact exemptions and usage for documentary filmmakers.  

DOC U has assembled a knowledgeable and impressive panel of experts in the field to help identify and explain the legal intricacies.  Moderator Eddie Schmidt will be joined by Michael Donaldson of Donaldson & Callif, Russell Hickey of AXIS PRO Insurance and documentary producer and distributor Mitchell Block for a close up look at The Fair Use Doctrine and how it affects filmmaking.  More information is available at http://doc-u-jan-30.eventbrite.com/.   IDA Individual Members get a $5.00 discount off the ticket price. 

In other news this week from the IDA the organization has partnered with Sungevity and is offering a special opportunity for filmmakers who wish to go solar.  Sungevity will give you $750 and match that amount in a donation to the International Documentary Association if you decide to utilize the company’s services now.  The company offers a free iQuote option for those who are unsure if this is the right choice for their home or location so you can check it out without having to book an appointment.  More information about the special $0 down solar lease that is currently available and how it will benefit the IDA can be found at http://sungevity.org/international-documentary-association.

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On December 3, 2010 Oscar-winning producer Edward Saxon (Silence of the Lambs, Married to the Mob, Adaptation, Beloved) launched his new all day seminar titled “How It Works – Practical Lessons from 25 Years in the Movie Business” at the Red Rock Casino Resort in Las Vegas.  Convinced that aspiring filmmakers need access to accurate industry related information in order to make informed career choices, Ed will soon be offering his program in other venues and locations as well beginning  in England this spring.  Although there was more information offered than I can possibly review, several topics covered during the day included suggestions related to script writing, details about casting and simple facts that need to be taken into account when producing a project.

Among some of the more interesting facts he discussed were how a producer could have as many as a dozen films in production at one time in various stages of development.  He also explained that he spends two hours working on a script for every hour that he spends with a screenwriter.  He advised writers to come fully prepared when attending meetings and is a definite proponent of the collaborative process stressing the benefits of working with people who want to improve on ideas and make them better.  Saxon related that sometimes it is difficult to predict how long a project will take and set an accurate timeline since the amount of time needed for development could vary anywhere from one month to 30 years depending upon how long it takes to option material, do rewrites, hire a director, cast actors, set up a shooting schedule and handle editing and post production.

Taking into account contracts and guild guidelines a writer typically has 12 weeks in which to draft a script, yet Ed admitted this timeframe isn’t exact and that often it may be closer to 16 weeks before one is ready and 22 weeks until a rewrite is good enough to be submitted to a studio.  Saxon admitted that part of what keeps him on his continuous search for good stories is that he likes going to movies.  He also emphasized the need for collaboration and mutual respect warning how easily creative differences can ruin a project.  He offered additional advice to writers that originally came from Francis Ford Coppola recommending that scribes boil their stories down to a sentence or two making sure that the description feels right and serves the story.  Using “Silence of the Lambs” as an example he said it was about a woman trying to save another woman.  He explained that what makes this different from a logline is that it is not the actual plot, but rather the theme of the story and the drama reflected through the character’s motivation. 

Saxon spent a great deal of time discussing the various sources where stories come from and what producers can expect when they work with writers as well as covering several aspects of the casting process.  Although the writers are not usually there during auditions producer can join the director and casting director, which Ed prefers to do a majority of the time.  As for rehearsals, some directors like Jonathan Demme and Jim Sheridan don’t do it fearing they’ll what they want from the actors in the take if they do through it beforehand.  He touched on the variety of ways in which a character could be portrayed and suggested that it’s best to let people have responsibility for their own work first before asking them to try it a different way.  He brought up Roger Corman’s advice about heading in one direction and letting actors show off their ideas knowing that you can always go back later and change it.  In this way as a director you make people happy about the suggestions they make. 

Once the film is cast and you’re in production some directors like having writers on the set while others don’t claiming that each point of view is valid and that people have different styles.  Often when writers aren’t there during filming, they see the movie during post-production although some experienced ones prefer to wait and see the movie after it’s finished.  Ed also spoke about the importance of producers and directors viewing dailies during the shoot since they offer a fresh look at the material and can sometimes solve editing issues early on.  He went on to explain that the production time for a simple studio film is approximately 40 weeks.  The first 8-14 weeks is spent in pre-production and involves finding locations, working on the script, hiring crew, building sets and all other prep work.  Depending on the size of the budget, whether special effects are in the script or shooting is taking place the film production could last from 6-16 weeks or longer based on a five day work week.  Post-production which includes editing, sound including music and finishing touches could last as long as 40 weeks and then the DGA specifies that directors don’t have to show the film to the studio, producers or anyone else for 12 weeks.  Because of these time and budget constraints significant reshoots are done while still in production and not afterwards and often audiences are recruited in major cities for test screenings after which they fill out cards rating the production while there is still time for final edits to be made. 

For more info about upcoming events and resources check out www.saxonlasvegas.com and stay tuned for more info about the seminar in Part 2 with Ed.

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Many states have a film commission that helps movie makers find out information about permits, locations, local production crews and other necessessities needed in order to get a project made, but in the Silver State we have the Nevada Film Office.  One of the most helpful and energetic members on this team is Danette Tull, who was graciaous enough to join us on Filmmakers Notebook and talk about some of the services she and her colleagues eagerly provide. 

Although Nevada and particularly Las Vegas locations like the Strip are known to be popular back drops for Hollywood productions, the independent film community has been growing and more filmmaking projects have been on the rise despite the fact that the recent tax incentive bid was defeated.  Find our more about the benefits of shooting in Nevada from Danette as she talks about her work and just how her office can be of service.

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Las Vegas filmmakers Charisma and Kelly Schwarze have been collaborating personally and professionally for years since working on a short called “The Dwelling” in 2002.  That title may also fit one of their latest projects, which has been to launch a studio space and motion picture production company that will aid local filmmakers in getting their projects done.  Charisma joined us on Filmmakers Notebook to share the news that this dream, the Indie Film Factory will soon become a reality thanks to the couple’s efforts and a successful crowdfunding campaign on IndieGoGo. 

Once the Indie Film Factory is up and running Charisma envisions it also offering additional resources such as a place where workshops and panel discussions can be held.  The venue promises to be another hub of activity like Theatre7 has become and will provide more opportunities towards building the close knit and productive independent film community that has been growing in Las Vegas.  To find out more specifics about the Indie Film Factory listen to our interview with Charisma.

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