Industry Liabilities: Blogpost for Entertainment Law Class

            The three cases I chose involve film crewmembers who are either suing the producers or production companies of the respective films they worked on. I’m currently taking an entertainment law class, which is why this blogpost has taken a bit of a twist compared to the ones I usually write. The assignment required me to identify three court cases in my industry and analyze the legal liabilities.

            The first case involves Cheryl Pickenback, a hairstylist on Zack Snyder’s reboot of Superman titled Man of Steel. She says that Warner Bros., Legendary Pictures, and Third Act Pictures failed to make sure the location was safe. The plaintiff is suing because she tripped on what seemed to be “a fractured or uneven walking surface” when instructed to fix one of the actor’s hair in between takes. As a result, she suffered “severe and permanent injuries” that led her to begin “extensive medical and surgical consultations and treatments.” The lawsuit was filed on Illinois, which is where shooting took place, and has been taken to federal court.

In my opinion, the location manager, who claims he didn’t have a role on the Illinois location, and the art director should have considered additional safety measures for cast and crew whenever they were near that area; however, it only happened to the hairstylist and she should have watched her step.

            The second case has been a hot topic. A lawsuit filed on behalf of around 250 employees of the Los Angeles-based visual effects company Rhythm and Hues. The company is best known for doing effects for the 4-Academy Award winning film Life of Pi (Achievement in visual effects being one of the Oscars it received), but also for filing for Chapter 11 bankruptcy protection. The plaintiffs are suing because these mass layoffs happened without proper notice, violating federal law and California Labor Code. They are seeking unpaid wages, salaries, commissions, bonuses, accrued vacation and holiday pay, pension, and 401(k) contributions.

The company definitely failed in giving its employees a sixty day written notice, and even though they have filed for bankruptcy, it should give its employees the payments and benefits it owes them.

            The last lawsuit I chose came to light a year and a half ago when a couple of interns from the production of Black Swan decided to sue Fox Searchlight, saying they were exploited. This expanded to every internship program under Fox Entertainment. The issue here is that Fox didn’t directly hire them; however, they were aware of their involvement in the production since they had to approve, they received call sheets, and received credits.

In my opinion, the entire situation is just a miscommunication on behalf of the interns and Fox. The interns, even though they claim the internship didn’t fulfill their work interest and that they didn’t receive proper training, should have known better. Internships are entry-level positions that’ll require you to do multiple tasks, possibly in different departments. They also expected to get paid, since Fox could have hired a crewmember to do the work. On the other hand, Fox should be more clear and careful on what it expects from interns so that there are no miscommunications in the future. Oral arguments will be taking place in May.

Tips From a Production Coordinator's Daily Life

            

            Growing up watching films made me idolize actors and directors for the vision, emotion, and storytelling they would bring to life. As I started my career in film school, my appreciation for other crafts in different departments of the industry broadened. I realized that film is a collaborative effort where all the pieces must fit in order to finish the jigsaw puzzle.

            

            As my school program went on, I became attracted to the production department; I was UPM (Unit Production Manager) for our very first short film for a digital cinematography class. What caught my attention was the ability to be aware of everything that happens in each department. I considered myself to be good with people and at being organized, so it seemed like an appropriate fit.

My interests in this department, which I consider to be underrated, started to grow. I was like a kid at a toy store; there were many people to look up, books to read, interviews to watch, and stories to hear. I began researching production managers and production coordinators and learning more about their jobs.

            

            I was lucky enough to meet Steve Cainas a little over a year ago. He’s a production coordinator who’s a graduate from my alma mater and happened to work on my all-time favorite television show, Lost. I am grateful he took some of his busy time off to answer some questions regarding a day in the life of a production coordinator.

            How important is deal making and negotiation on your job, and how does it change depending on the project? Are there any advantages and challenges by being in your position? 

Huge part of my job and an important skill set.  No matter what size production we always have a budget that must be adhere to.  Everything is negotiable.  Obviously working on an independent film with a limited budget creates much more deal making on the daily basis.  The advantage is to establish long lasting relationships with vendors so that you can call upon them to help resolve a situation efficiently and cost effective. 

            When negotiating with other people, how do you separate the person from the problem? Has there been a time when you had difficulty controlling your emotions in order to get something?

Not at all.  It's always important to keep a business relationship when negotiating with people.  I keep my personal life private from my professional life.  You have to be strong, aggressive, and confident to succeed at this job.  Shy and quiet regretfully does not work in a position when you have to manage people and resolve chaos on a daily basis. 

            What strategies do you use when negotiating with others. How do you get to your objective criteria and what are some tips or suggestions you may have for someone who is in a similar situation?

I always have the other person see the WHOLE picture, not just a slice of it.  For example, I might ask to reduce a grip package to $5,000 that originally was quoted at $9,000.  Seems substantial, but I make sure to point out that it's not a 2 week rental, but rather a 26 week rental that will result in $130,000 of revenue!  My current project is an HBO series that is filming the first season.  I make a point to share that the show might, very well, be in production for several years and that I would like to maintain a working relationship with this person or vendor that potentially will last for a while.  That always opens their eyes.

            Could you share a moment when you had a hard time coming to an agreement or getting what you needed for a project, but ended up being successful? How did it impact the project, and what would have happened if you hadn't been able to obtain what you were looking for?

As a Production Coordinator, you are constantly solving problems.  Recently I needed to make a deal with a vendor from California to provide power generators. My budget was $50,000 for something that truthfully should cost $100,000.   I had to find several other competitors that were interested in the business to bid the project, thus creating a "bidding war" that at the end resulted in getting the equipment that I needed for substantially less and meeting my budget.

            Something new that I learned is how important it is to find many competitors when you want to obtain something; at the end of the day, you want to get the best deal. It’s about letting one party know that its competitor has a sweet deal in order to find a better one from them. Another crucial thing that I am working on is my aggressiveness and confidence. I’ve learned from working as a personal assistant that there is always a way to get what you want as long as you’re firm and negotiate effectively. There is no reason for anyone to intimidate you.

            

            I’m glad I’ve already started to set my foot on the door and that I’m slowly learning from my mistakes. It’s interviews such as this one that remind you to open your eyes a bit more. This is the first of many more that I am planning on writing once or twice per month. Hopefully you gained some knowledge from this blog post by someone with twenty years of experience in the industry.

Is California For Me?

            

             Two million people in the United States work in the film and television industry in the United States. From make-up artists to costume designers, from writers to directors, from editors to actors, you name it. It is an industry that contributes more than $175 billion annually to the economy of the United States.

It’s also an industry that is related to small jobs that range from caterers, dry cleaners, or carpenters, making $37.4 billion in payments to 278,000 businesses around the country.

            When talking about the motion picture and television industry, one tends to automatically think about Hollywood, but truth is, it goes beyond that. Tax incentives in states such as Louisiana, Georgia, or South Carolina have caused a “state runaway,” taking productions to other states. This is bad for Los Angeles. It has lost more than 16,000 jobs in the past eight years. However, television production in the city of angels has increased thanks to cable stations doing original programming and reality shows; 75% of “Angelinos” working in the industry are involved in reality TV.

            Also, it is a highly competitive industry around the world, if not, the most competitive. Countries such as Canada, India, and Nigeria have been growing tremendously in the past years.

            As an aspiring filmmakers, it is an important question I ask myself everyday. Since I want to become a producer, most people who work in the industry tell me I should move to California because that’s where the production companies are. They tell me I need to start off as a producer’s assistant. But if I were to do set work, people say that Louisiana, Georgia, and New York are ideal places to live. I’m considering work, salary, cost of living, region, and many other things. It’s an exciting thing to think about, since I am expected to graduate in nine months and plan to move right away. When I make the final decision, I hope it’s the good one and that I followed my instinct.