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Finding and Acquiring a Property
The producer is almost always the first person on the project, even before the writer. It is very likely that the producer does not come up with the original idea for the screenplay, but they may see a play or read a book and believe that it would make a wonderful film. The first decision of a producer (and probably the most crucial) is to get involved. Once a commitment is made, a screenwriter needs to be found. Rights are obtained by purchasing the material or by an option agreement (which provides the producer the exclusive right to purchase the material). The reason for this is that most published material is copyrighted and any use of the material without the author's consent could bring about major lawsuits. There are exceptions however, such as the works of Shakespeare or Charles Dickens. These works exist in the public domain and may be used to make a motion picture without having to acquire any rights to them. These days, at the time of publication most novels are automatically offered for production. Although this is the case, very few are actually optioned or purchased by a studio. If a producer is serious about optioning or purchasing the material, this type of search is crucial. Once a producer has determined what material he would like to pursue and the rights status has been ascertained, the next step is to try and option those rights. By optioning the material, the producer is gaining the right to acquire something by the subsequent payment of additional money. In most cases, a purchase agreement is negotiated at the same time as the material is optioned. At this time, numerous rights (including publication, television, videocassette, dramatic and merchandising) are discussed which all pertain to the future prospects of the material. The producer will find out quickly that to option and purchase a script, a lot of legal matters will be involved. Option and purchase agreements are far from casual documents, and a lawyer's involvement may prove very helpful. Lawyers are obviously not cheap, but in the long run having a lawyer negotiate the contracts for you will save the producer a lot of time, confusion and frustration. An experienced entertainment lawyer will know exactly how to state things on paper and will be able to offer the producer many business guidelines to follow. For the producer, protection of their work can be provided by several different means. One way is to copyright the material the producer himself is working on. Another option is to join the Writer's Guild of America, which allows for registration of written material. Either way the date that the material was within the control of the producer will be established and may prove crucial later if a claim is brought about. One last way to protect one's own material is to mail your material to yourself by registered mail that establishes a date that the material was controlled.
One important thing for a producer to remember when optioning material is the date in which the option expires. Because it normally takes a long time for the motion picture process to get underway, it is crucial to either have the option renewed or the option exercised. If the option expires, all rights to the material will be lost. Because the term “producer “is so vague in the industry today, an option agreement is crucial in demonstrating the producer's drive, determination and belief in the project at hand. The most important first step is, once again, to find material that is believed in, gain a hold of the rights to that material, and start the process of development. Working with Agents One of the key players for a producer to be successful is the agent. In the motion picture industry there are very few pictures that have been put together without an agent being involved. Some of the major talent agencies today are International Creative Management (ICM), the William Morris Agency, TRIAD and Creative Artists Agency (CAA). Due to the close relationships they have with both studio executives and independent producers, the head of the motion picture department of these agencies are one of the greatest forces to getting pictures made today. Agencies generally commission a maximum of 10% of their client’s gross income, which they justify for work done on behalf of the client. These agencies are licensed (by the state) and are franchised by various professional guilds including the Screen Actors Guild (SAG), the Directors Guild of America (DGA) and the American Federation of Television and Radio Artists (AFTRA). Agents are considered the middlemen between those trying to sell their material and those trying to buy it. Although they are not necessary in making any particular deal they are almost always involved. To find out who is represented by whom in the business, SAG offers a service that will furnish the names and telephone numbers of agents of its members. This service can prove very useful to a producer because much of the time an actor will only be able to be reached through their representative agent. For any producer attempting to get their project off the ground, the enthusiasm of an agent can be of great assistance. If the agent feels good about the project they are more apt to suggest it to their clients. The problem is, sometimes just getting an agent to listen to you is difficult. For the new producer or someone whose name is unknown in the industry, an agent may not even take the time to answer your phone call. The key to this problem is persistence. Agents are very busy people and do not have the time to listen to everyone, but if you keep pursuing them they may eventually listen. Because agencies are made up of many individuals, it is best for a producer to establish relationships with at least one agent from every agency they can. That way, there is more than one outlet that a producer has to choose from when trying to make a film. It is not necessary for a producer to have an agent of their own to make a film, but agents are needed to gain access to individuals that the producers need to make the film. Studio Involvement Packaging means the combining of two or more elements, such as a writer, actor, or director into a single project, which is then presented to prospective financiers. When a package is brought in front of a prospective financier, it has a better chance of approval. This is because when a buyer is offered a script along with an actor and a director they can more easily make an intelligent decision on the creative and financial aspects of the film. A package deal can relieve some of the stress that stems from unknown aspects of the project.
Motion picture studios are the principal source today for obtaining the funds needed by a producer to produce and distribute their films. Unfortunately for a new producer finding backing by a motion picture studio is very difficult. In the past few years there has been a great deal of films that have been made independently, and this is due in great part to the fact that a producer had the inability to sell their project to a studio. Some of the major studios today are Warner Brothers, Fox, MGM, Paramount, and DreamWorks. There are also many so-called “mini-majors” which are companies that finance films but then distribute those films through other companies. Examples of these mini-majors are Castle Rock and Interscope. There is a tall ladder that must be climbed in order for a producer to gain financial backing from a studio. The first step is the reader. Production executives normally give the material they receive to readers to look over and make comments on. The reader gives a synopsis of the script, describing the plot and the characters in brief detail. The reader also will state their opinion on whether they think the script will make a worthwhile movie or not. If the reader gives the script a negative report, there is a good chance that the script will be rejected and will not even be seen by anyone else. Unfortunately for a producer, once the script is given to the studio and it begins the process of hierarchy, there is no way of knowing what is to come of it. Even when it seems as if everything is going as planned, determining a development deal and a commitment for the picture may become a detriment of which the producer has little if any control. There have been many cases where a script was well accepted and then management was changed, other projects interfered or financial shortcomings occurred and the script subsequently foundered. By the time the producer hears a response from the studio a script that was a go at first may be filed away in the end, and the reason is never fully explained.
“The Green light” versus “The Turnaround” Once a project finally becomes a development deal, the next task is to make the material as perfect as possible in order to get the picture made. Hopefully it is possible for the producer to work closely with the production executive responsible for their particular project. It is important to be aggressive and push your film. Together with the production executive, the hope is that the studio will give the picture a “go” or “the green light”. Often, studios have numerous projects in the works and without the constant efforts of the producer to keep the project moving it may never get made. The goal of selling a script to a studio is, of course, to get a project made (the green light). Once the script is purchased, the studio will usually insist that the producer signs over all rights they have for the screenplay. At this point, the producer usually has the option to take the money and hit the road, although they almost always take credit in the final project. A producer could also decide to remain working on the film and therefore become involved in the daily process of film production on the script. The amount of money a producer makes on a film varies greatly depending on their level of experience and amount of active participation in the film. A first time producer who does not become actively involved in the production of a film can generally walk away with between $10,000-$30,000. This is sometimes called a finder’s fee, and the producer will rarely receive any profit participation in the film. For a producer that is more experienced and remains actively involved in the film, there is generally a development fee obtained. This fee is usually compensation for the producer's input while the studio finds a writer (or writers) and decides whether or not to give the green light to the project. In this case, the producer can make anywhere from $15,000-$60,000. If a project does get the green light, the producer can then receive an additional profit ranging from $100-$400,000 or more with a participation in the profits from the film.
There is always the chance at this stage of development that the picture will be given the “turnaround”. This means that the studio abandons their support of the project and therefore the transition from development to production is never achieved. At this point the producer will be given the chance to take the project to another studio, and once the project is resold the original financier will be reimbursed. There are many reasons why a project is given the “turnaround”. One of these reasons may be due to a lack of a screenplay that seems viably profitable. Another reason may be due to a change in management, which in turn creates a change in studio interest in the project. A lack of enthusiasm may also be a cause for turnaround of a project. In any case, a producer will still have the chance to bring their project into production, but with a different studio. Once a project finally passes through all the stages of development and is given the green light by the studio, the producer’s next step is to begin a further inspection into the budget and the casting of the film. If a producer finds it unlikely or even impossible to gain support in their project from a studio but still feels as if their project is worthwhile, finding alternate sources of financing is essential. Because the average cost of a film produced by a studio exceeds $30 million, studios are not really attracted to films that will only bring in $1-$2 million profit. In the past few years there has been an extreme increase in what is known as independent production.
Films that are considered low budget or theater turned motion picture scripts are generally released as independent films. Studios are always looking for sure-fire hits; the ones that are going to be major blockbusters. For those who feel that making a film without the support of a major studio is a lost cause, take a look at the success of such films as The Blair Witch Project or Boys Don't Cry. The former was independently produced and was screened at the Sundance film festival where it received rave reviews as a very original film. To date, the film has grossed over $100 Million Dollars. The later film, Boys Don't Cry, did not bring in high grossing profits, but it was critically acclaimed and received several Oscar nominations in the year 2000, along with an award for Best Actress presented to lead actress Hilary Swank. As proven by these two very different films, whether it is high grossing profits or eye opening, thought provoking realism that speaks to the soul; if the producer believes in the film there is a way to get it made without the support of a studio. For the independent film, it is obvious that word of mouth is essential for the success of the film. Because the budget of the film is a major factor in production, it is safe to assume that the millions of dollars a studio may spend to promote their feature will not be available for independently produced films. The Blair Witch Project was a very successful film at the Sundance film festival where the word spread like wildfire. It was considered one of the scariest and most original films to be released in recent years. Due to this praise and the creative Internet marketing by the production team, the film was sold and when it hit theaters the success was overwhelming. As for Boys Don't Cry, the film was not released into that many theaters and did not bring in that much money from the box office. After receiving several Oscar nominations and an award, the shelf life and gross profits the movie will obtain from rentals should prove much more lucrative. Preproduction Paul Lazarus, a long time Hollywood producer states, “Everything begins with the written word. An idea may spring up in a number of ways, but a movie begins to take shape when words are put on paper.” Keeping this in mind, it is not a hard realization that one of the most significant responsibilities that a producer has is selecting a screenwriter for their film. Much of the time, a writer will be hired by a producer because that particular producer is familiar with their work. In any case, once a writer is chosen and all deals are set, the writing of the script can finally begin. First and foremost, the fundamental parameters must be clearly understood by both the writer and the producer so as not to create problems later on in the project. Next, it is important for the writer to be given the freedom to explore various options that may arise within the script that concern both the plot and the characters. The producer must of course remain involved in this process, but the level of involvement must be decided upon mutually between the writer and the producer. Normally the first draft of the script will be completed approximately 16 weeks after the writer begins. Once the first draft is completed, it is then handed over to the producer for review. The task of the producer is to read the script and make suggestions on how to improve the story. In addition to making suggestions about the plot or characters, it is the producer’s job to be the financial supervisor of the script. It may be necessary for the producer to make suggestions to the writer on how to trim down certain scenes in order to reduce the expenses that the script will incur. Preproduction may just be the most important period resulting in the success of a film. At this time, a producer will perform a wide variety of managerial responsibilities Preproduction is the precursor for production of a film, and lays the foundation for both the creative and financial aspects of the film. During this period of preproduction it is also crucial for the producer to maintain a high moral and a happy working environment for all crewmembers. It is wise for the producer to come up with some sort of production strategy for the film. This strategy should consist of at least (but not limited to) three steps. The first is defining the goals and objectives of the project. It is important to specify the goals and objectives of the project during preproduction to ensure that all members of the production team agree on the purpose of the project.
Some producers have had experience in production management and are known as “Line Producers.” These producers are generally interested in daily operations rather than putting the projects together. Line producers are responsible for such tasks as making sure things are built on time, making sure all the costumes are made, etc.
The Production Process Production is the time when all the collaborative efforts of the crew start to become visualized and concrete. This is the time of greatest opportunity for those making the film. Unfortunately, it is also the time when most of the cost of the picture is incurred, and therefore the time when those who have put their money behind the film are most at risk. Once the production begins, it is not uncommon to see some producers leave the project. As touched upon previously however, there are other producers who continue to keep their presence felt throughout the production process. These producers find themselves filling a number of roles with in the project, but try to focus their efforts evenly between the business and the creative aspects of the film in progress. Another important function that the producer can provide during the production process is that of public relations supervisor and or supervisor of publicity for the film. It is very important for the producer to oversee all material being written about the project as not to allow false or strayed insights of the production to go published. Much of the time, the intentions of the filmmaker are misconstrued and the portrayal of the film by someone who is not directly related to the project will not do it justice. It is important that the producer coordinate the activities of the press throughout the course of the making of the film. By maintaining control and keeping one step ahead of the material to be published, any offending or “off the mark” material can be corrected before it makes its way into public eye. Postproduction Once the film is completed, the actors can go home, but the producer stays on. The amount of time it takes for postproduction varies greatly, but a period of twenty-eight to thirty two weeks (or even longer) is common. Initially the film editor, hired by the director and editor (usually with studio approval) will do most of the work in postproduction. One of the main reasons for this is the increasing wages of the film editor and composer. Because there are only three (possibly four if the producer is involved) people working on the final product, more time will be needed to produce the final product. Time is not the only consideration that increases the budget however. These days, the editor and composer are considered major creative forces that will help to shape the film into something spectacular, and they are therefore paid much more for their work than they were in the past. Producers must keep a close watch on this increasing budget and keep the studio informed.
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