My Psychotic Production Manager... Please Read!

Daniel L.

Daniel L.

I'm looking for advice for the following story...... please bear with me. I'm so sorry that this is going to be a long post, but anyone who can reply with advice, that would be fantastic:

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I joined a small starting-out production company a few months ago. It seemed like they had their stuff in order and had a clear vision on what they wanted to do; a ZOMBIE FILM. Who doesn't love a zombie film?! When I heard of that, I jumped on the band wagon and immediately got drafted as a Director / Cinematographer.

When the script was presented, we realized that it was total crap. I was then assigned the task to re-work the script and add structure, and flow to it, ALL while keeping some of the script-writer's original dialogue (requested by my psychotic production manager). The script-writer verbally agreed. The script was just so bad that, I completely altered the script, rendering it almost nothing like the original. THEN, my psychotic production manager confronted the script-writer about it, and long story short, he quit, making us lose the participation of some of the casted leads who are his friends and took his side.

We dusted ourselves off, and decided that we no longer had to keep ANY of the original script-writer's ideas. So, we got rid of them, and started to create a complex story. Unfortunately, production for this film had already been planned so people could get time off from work, so there was no changing dates. We ran out of time, and were forced to write a simple story. My Production Mananger came up with most of the ideas, told me to write it all up, and then we would film. I became discouraged because I didn't have any of the same visions as she did... but whatever; I continued, and the script became complete.

My psychotic production manager, who HAD to have a small role in this as a zombie, literally acted as the director during this whole production, confused the HELL out of all the actors, and generally pissed off the entire crew; myself included. I, who was the ACTUAL director, had to maintain my composure, and keep my actors happy, as a good director should do. When my psychotic production manager wasn't on set, things went so smoothly, and perfectly. Then when she came around, all hell broke loose.

TODAY was the last day of filming. The morning started out extremely rough because some of our crew and cast were late. Whatever, can't help that. We started production, and what do you know; my PPM went Hitler-crazy.

Long story short, a few of my actors told her off while my assistant director and myself had to keep our composure, and focus on the film. My PPM stormed off and didn't come back. Obviously, EVERYTHING after that point went amazingly well.

You can sort of guess my predicament now. She called me not too long ago saying, "Oh, Hi Danny. You are not using my company name on this film. Bye." in the most rotten tone. I'm not sure what legal aspects I am getting into, and who generally has rights to this footage. THERE WERE NO CONTRACTS, just "release forms" signed by the actors, which my PPM has. I'm just concerned that, because one of the locations was provided by my PPM's friend, is there a possible way he could sue me? How does this work? Could my PPM STOP me from making this because she HAS a small, but significant part in this film???? I need help. I'm not talking to her until she calms the hell down and comes back to Earth.

UPDATE: SHe keeps leaving me harrassing phone calls, claiming that she's going to copyright her idea (which ISN'T even her idea, considering the idea is an adaption of the Wizard of Oz).. and that we cannot use ANY footage because the props in it are property of her production company. >.>

Any advice?????? Reiteration: There were no contracts involved what-so-ever.

-Danny
 
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As the director, you are in a work for hire position. The producer owns the rights to the show, generally that would be the person that hired you to work as DP/Dir.

The PPM answers to them as well. On set, If I'm the director or DP, I commit my job firmly believing in the project I'm working on, but have learned to leave it on the set. Send the PPM a list of EVERY SINGLE PERSON on the cast and crew so she can personally call and apologize to them for wasting their time. If they feel like it, they can even bill the producer/ (her production company) for their time as they won't be getting their copy and credit they should be expecting for working for free.

As a relatively new DP, I charge $300/day with all my kit... multiply from there for the number of people and the number of days... I also pay $50/day for PA work when I can. A day for me is a 12 hour day, anything over that is billed at time and a half from a pro-rated hourly wage. (keep in mind there's no industry where I live).
 
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It’s difficult to offer much real advice. You are emotionally
attached and your story here veers off the “legal” questions into
personal issues. It’s difficult for me to know if you just need a
sympathetic ear or quasi-legal advice.

Every single word you wrote for the script belongs to the
producer. You own nothing. No matter how great your version is and
how terrible the old version was, you have no rights to it at all
unless you had a contract spelling out the rights ownership.

Regarding using her company’s name. She’s right. She has the right
to use or not use the company name. You do not.

Since there were no contracts and you state here that you were
“drafted” as director/cinematographer that implies that you were a
hired hand. The producer owns all the footage.

If there is a money trail and you paid for anything, I hope you
kept receipts. If your total expenditure came to a specific
percentage (I don’t know the legal number) you may be considered a
“producer”. If you didn’t spend any money or the amount isn’t
enough to reach a legally recognized percentage, you are not a
producer. You own no part of the project at all. Not the idea, not
the script, not the footage.

Her role in the movie is irrelevant as is her company owning any
props in the movie. The producer is considered the owner unless
otherwise stated in writing.
 
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Thanks for clearing that up! :) I appreciate it. Lesson learned. Next time, make sure a contract is involved.

You asked if I spent any money. Technically yes, but at the same time, no. I bought the camera, and sound equipment to use for this film, WITH the intention of using it for my other projects. So.. not sure if that counts for anything. It's mine, and not her companies.
 
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Wow, what a story! I cant wait to get into this kinda stuff :)

The key learning I take from your story is not one of contracts, but rather one of ownership. If I own my project, then I love it and care for it, take it home with me at night and give it a warm bath.. but if its someone elses project, I'll leave it on the set.

I liken it to a day job and a passion, sometimes they coincide, but when they don't, once I ride that dinosaur I m on my OWN TIME.. (said by a guy who gets to see the results of his annual review in 2 hours!)
 
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Glad I could help a little. I understand how emotional
this kind of thing gets.

Daniel L. said:
So.. not sure if that counts for anything. It's mine, and not her companies.
Click to expand...
No, that would not count in a legal matter.

So all the personal sniping and name calling aside, what
would you like to have happen? Do you want to own the
copyright of the script? Would you like to be able to edit
and distribute the movie? Do you want to use her company's
name on the movie?

And I just gotta ask - even though my question is going
to come off as rude: Were you really as angelic and cool
as you say you were in your post? Was the UPM really as
horrible as you say? There are always two sides to a story.
Would the UPM say that you were perfectly calm and
professional the entire time?
 
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directorik said:
Glad I could help a little. I understand how emotional
this kind of thing gets.


No, that would not count in a legal matter.

So all the personal sniping and name calling aside, what
would you like to have happen? Do you want to own the
copyright of the script? Would you like to be able to edit
and distribute the movie? Do you want to use her company's
name on the movie?

And I just gotta ask - even though my question is going
to come off as rude: Were you really as angelic and cool
as you say you were in your post? Was the UPM really as
horrible as you say? There are always two sides to a story.
Would the UPM say that you were perfectly calm and
professional the entire time?
Click to expand...

I'm not sure what I would like to happen. I invested so much of my time into this that I would like to see it be complete, but at the same time, I'd like to leave it behind, take the lessons learned, and move forward. I have all of the footage. I would like to edit it and show the cast how amazing they did, but I don't think I would distribute outside of handing the actors a DVD to showcase their make up job. That's the extent of distribution.

You're not rude. You're seeing both sides of the spectrum and I agree with you asking this. Yes, she was as bad, if not worse, than what I decribed her as. I received many PERSONAL compliments after production, and complaints about the PPM. I admit, I snapped at the PPM a few times and told her to Shut the f up, when she really pushed my buttons, but generally, I remained poise, and focused... and committed.

It's funny that you used the word professional. She called HERSELF the only professional on set, primarily because she's A) 50 years old, B) has a small background in theatre, and C) is a talented make-up artist (who works at lowes)... but side note... her make up was NOT good... it was half assed lol. I think I addressed all of your questions... I forwarded this post to some of my cast to see if I left anything out. I'm not sure if they want to join this site and reinforce what I've stated, but I completely appreciate you all taking the time to clarify all of this. I'm still learning, and this experience has been a great learning process...... STRESSFUL... but great. :)
 
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First film I was ever involved in I wrote about 60% of the screenplay and was one of the actors. The producer/director wrote the other 40% of the screenplay. Watching that film go off the tracks and explode in a fireball of incompetence was one of the great learning experiences in life that that helped NOT let that happen with my own projects. I'd look at it that way.
 
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One partner can't sue the other for copyright infringement. They can try, but if you were all partners then it would be reduced to a "breach of contract" case (big difference).
In the written releases, who did the actors release to? A production company? To the PPM?
Who PAID for this production?
Were you paid for your work or were you promised a percentage of profits? What about this PPM?
Remember that release forms are just one line of defense in court. There's an urban myth that "if you don't have a release form you can be sued for copyright infringement", which is not true depending on the facts. A written release is a very GOOD line of defense, but not the only one if push comes to shove. When "actors" step foot on a "movie set" they know, a judge knows, and everybody else knows that they are consenting to be in a movie. I wouldn't cover up this PPM at all. They consented via their actions.
Do you have tangible proof that you wrote your contribution to the script? A hard drive is hard evidence that is dated under "properties". Save any files you have without altering them! Save emails too. Again if you were partners then she can't sue you for copyright infringement anyway.
 
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Blade_Jones said:
One partner can't sue the other for copyright infringement. They can try, but if you were all partners then it would be reduced to a "breach of contract" case (big difference).
In the written releases, who did the actors release to? A production company? To the PPM?
Who PAID for this production?
Were you paid for your work or were you promised a percentage of profits? What about this PPM?
Remember that release forms are just one line of defense in court. There's an urban myth that "if you don't have a release form you can be sued for copyright infringement", which is not true depending on the facts. A written release is a very GOOD line of defense, but not the only one if push comes to shove. When "actors" step foot on a "movie set" they know, a judge knows, and everybody else knows that they are consenting to be in a movie. I wouldn't cover up this PPM at all. They consented via their actions.
Do you have tangible proof that you wrote your contribution to the script? A hard drive is hard evidence that is dated under "properties". Save any files you have without altering them! Save emails too. Again if you were partners then she can't sue you for copyright infringement anyway.
Click to expand...

Thank you for posting!

To be honest, I was not in charge of the release forms, and I did not read it line for line, but I suppose that they released it to the company, BUT--- the company's name was NOT mentioned on the release form. The PPM, to evidence her unprofessionalism, printed the first one she found online, and didnt fill in any of the information about the film, which made me uninterested and not wanting to read it.

Who paid for the production? That's a tough one. No one person paid for it. I bought the camera, sound equipment and editing stuff... but it's MINE.. not the company's. The PPM, however, purchased makeup, and wood to create clapboards. She spent about $200... when I spent $2,000 on equpiment for my personal use, and to use at our disposal.

There was no talk about money. We simply wanted to create a film to gain credibility, and then extend the company, and make a name for ourselves. The goal for this film was to enter a film festival, but... we generally decided to create this film because we are PASSIONATE about film; not money. However, she did agree that I would take most of the profits if this did generate any money... but I don't care about gaining money. I made this post to see if she had any grounds to sue me. I can't afford to lose money. lol.

Yes I have proof of the script. All of my documents, outlines, CELTX documents, etc etc is saved. She could not download CELTX to her computer... and the ONLY documents I sent her were the PDFs you create in CELTX. And yes- emails are in a folder. :)
 
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Seems to me you were all partners (under verbal contract) in this thing -- unless there's a written contract that says otherwise. Then this PPM freaked out, was impossible to work with, acted irrational, and ultimately abandoned the project. It's her fault and YOU suffered damage as a result of her behavior. You might try reading HER the riot act next time you speak to her! I would go ahead and release the thing. Who has possession of the masters? If she wants to claim breach of contract, then you would certainly claim (au contraire) that SHE breached HER contract with you to the point that she screwed things up so bad that she isn't entitled to ANYTHING if it ever makes money.

Save all your receipts, emails, etc just in case. Hopefully your emails are stored on a hard drive and not just printed pages of paper. Anything to demonstrate your side of the story if need be. Everything else is just he said / she said. People will lie, fabricate and manufacture, but a judge would look at the simple facts that exist. Until the movie makes money it doesn't seem like she could sue for anything anyway. What "damage" has she suffered??? She abandoned the project.

The only thing that might be a problem is if festivals require releases from everyone. That might prevent you from getting it out there. You could sell it on Amazon without releases.

Make sure and have a bullet proof contact next time around. Don't worry, other filmmakers have worse horror stories to tell than this one.
 
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For future reference, when signing legal documents, make sure you read them completely before signing... I always encourage that as a requirement of signing documents.
 
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As we get a little more info - less personal issues and more about
the project itself - I find myself siding with Blade.

You gave the impression that this was a bigger project than it now
appears. So you’re talking about a short film made not so much by
an established company, but by an individual with a company name.

I get the impression now that the total budget was under $1,000
(not counting the equipment you purchased for yourself) and was
made for “fun”. I’m not using that word as a put down - just that
this short was made as a showcase. Made with the hope that it
might make money but not as a commercial venture.

It seems to me, Blade might be more accurate than my first
assessment of the situation. If you currently have possession of
the footage and there is no contract and you have the script you
wrote then you have the right to finish the movie and enter it in
contests.

Still a lot of “ifs” but they may be leaning in your favor. I keep
getting bogged down in your personal feeling of this person which
has nothing at all to do with the “legal” situation.

There doesn’t seem to be anything she can sue for other than to
stop you from entering festivals. If you enter without her
knowledge and win some awards and she still feels she (as an
actor) doesn’t want it shown in public, then you can stop entering
festivals before there is any lawsuit. If you finish the movie,
put it on YouTube and she tells you she doesn’t want it there you
can always take it down. Still no lawsuit.
 
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directorik said:
As we get a little more info - less personal issues and more about
the project itself - I find myself siding with Blade.

You gave the impression that this was a bigger project than it now
appears. So you’re talking about a short film made not so much by
an established company, but by an individual with a company name.

I get the impression now that the total budget was under $1,000
(not counting the equipment you purchased for yourself) and was
made for “fun”. I’m not using that word as a put down - just that
this short was made as a showcase. Made with the hope that it
might make money but not as a commercial venture.

It seems to me, Blade might be more accurate than my first
assessment of the situation. If you currently have possession of
the footage and there is no contract and you have the script you
wrote then you have the right to finish the movie and enter it in
contests.

Still a lot of “ifs” but they may be leaning in your favor. I keep
getting bogged down in your personal feeling of this person which
has nothing at all to do with the “legal” situation.

There doesn’t seem to be anything she can sue for other than to
stop you from entering festivals. If you enter without her
knowledge and win some awards and she still feels she (as an
actor) doesn’t want it shown in public, then you can stop entering
festivals before there is any lawsuit. If you finish the movie,
put it on YouTube and she tells you she doesn’t want it there you
can always take it down. Still no lawsuit.
Click to expand...

Sorry for the confusion; I should have made that clear at the beginning, but as you saw, my emotions got in the way.

You're absolutely right... "fun". That's what it was supposed to be... FUN... on a professional level. The long term goal was to establish this PM's company name so we can grow and work on bigger stuff. There was talk about getting grants and stuff too.

You're all right. I'm going to go ahead and make this thing.

Thank you all so much..... truly. You made me feel much better about this situation, and I'm sorry my personal feelings made a few things vague! :)

-Danny
 
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For the record I've consulted with lawyers about similar situations. I should note that in my situation there was a WRITTEN partnership contract which, according to my entertainment attorney, made it very cut and dry that one party could not sue the other for copyright infringement -- only (in theory) breach of contract, which only yields compensatory damages -- not the massive punitive damages associated with copyright infringement (which is $750 per DVD sold).

I would guess that if anyone helped finance this production then they are one of the joint copyright owners.
 
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Cut it, release it under your own production company and use after effects to paint her out of the contract... problem solved
Click to expand...

Fixt.

*

I've learnt a few lessons here. You sure tell a good story. I think the 'making of' this film is as interesting as the movie itself.
 
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