ABSTRACT

​I. Escape from Development Hell Q

Is this really the end of your story?

A

Well, I think so, in terms of this book.

Q

You appeared in the second edition in 1998 and in six subsequent editions. What went wrong?

A

Nothing. (Laughs) I hope it has been helpful. Sometimes it's lonely trying to make films, raise money, find an audience, so I always want to encourage others. The only way you fail, and I am not the first to say this, is to quit. If you keep going, no matter how slowly, you are still moving in the right direction. The only wrong decision is to stop.

Q

Why did you leave Hollywood?

A

Creative control, essentially. Selling yourself out, playing their games, in the end, is a pretty empty experience, no matter how much money or success you acquire, and mostly everyone I knew, including those at the top, were very unhappy.

Q

So you wanted to be happy?

A

I wanted to tell stories that would change the world. Hollywood wanted to produce movies that made money, period, with very little variation, except for what was called “Oscar Bait,” the prestigious, serious films that would win awards and lose money.274

Q

How is that “changing the world” thing working out?

A

It took a while but I am finally, firmly on that path, making exactly the films I want, not the ones others want me to make.

Q

What took so long?

A

I didn't come from money or a family with connections. It was harder. I had an education, but student loans to pay off, bills to pay, I needed to survive.

Q

But you did well in Hollywood, teaching screenwriting, selling scripts, your spec script was distributed by a major movie studio, you were president of two production companies, worked in television and directed a feature film?

A

It was a great learning curve but the wrong path.

Q

What do you mean?

A

I was selling the wrong kind of films, creating projects for hard cash and credits. I bought a condo at the beach. I had a child, creating additional responsibility and overhead, forcing me to make more compromises to collect bigger paychecks. I bought a new house in the desert and was seduced into the Hollywood lifestyle, materialism, the glitter and gold, their way of living and doing business. I fantasized about escaping from my own life.

Q

So leaving Hollywood liberated you?

A

Yes, I went from a six-figure plus income to zero, living on a small savings account and some consulting work.

Q

Were you scared?

A

No, I was happy.

Q

Now you were finally making your “change the world” films?

A

Not exactly. I was finding my voice, but still a slave to making money not art. It took a while to evolve. I made a couple of successful films, a couple I shouldn't have, and took some outside jobs such as script doctoring, preparing budgets, and working on an Orlando boy band movie.

Q

What was the biggest difference between Hollywood and being independent?

A

Independent filmmakers have a more difficult, but ultimately much more satisfying, journey. The focus shifts from pleasure to 275passion. You can slow down, savor the experience, be less constrained and more creative. You can find your muse, follow your instincts, and artistic expression replaces crass commercialism and greed.

Q

Can you be more specific?

A

First, there are less rules. Hollywood films operate on formulas, special effects, box office appeal of stars, a certain way of storytelling, three acts and all that. It's very confining and re-enforces a lot of stereotypes and prejudices. Originality is not desirable in most cases. Second, everyone is welcome in the indie world, especially women and minorities, bringing different voices, fresh stories, and new points of view. Freedom from the shackles of Hollywood rules. An independent film can be exhilarating and enlightening, maybe educational and entertaining, all at the same time. Hollywood wants to remake the same 36 plots over and over. It is often said Hollywood films are plot driven with stars and independent films are character driven with actors, and, basically, that's true, although there are exceptions.

Q

What happened to the three films you raised development funds for and were trying to make?

A

We were sued by an investor, three lawsuits, nine counts of alleged wrongdoing. It took five years to resolve, about $50,000 in legal fees and costs, the suits were dismissed. The three films were derailed, our funds depleted.

Q

Then you made another movie?

A

Not exactly, we produced a television show in Branson, Missouri, for some quick cash. It didn't go well, we were fired and literally run out of town.

Q

But you didn't sour on the industry?

A

Never be bitter in this business. You must forgive everyone of everything, including yourself. Your life will go much better. Unforgiveness is like swallowing poison and hoping the other person dies. Rise above it, soar like an eagle, tell your stories, make your movies, this is the summation of what I have learned over the years.

Q

So the three movies you had in development died?

A

No, not at all. Academy Award-winning actor Ernest Borgnine, who had signed on for all three films, passed away, some funding 276sources dried up, our principal fundraiser died, the state of Florida, which had pledged over one million dollars for the first film, canceled their incentive program, so we regrouped and are now working with a new producer-fundraiser.

Q

And you are not discouraged?

A

Only by your question.

Q

Let's move on, any advice for others to avoid legal entanglements?

A

If you are prolific or successful you run the risk of being sued. Don't cut corners on your business plan or legal counsel. Pay top dollar and realize they are the foundation of your movie. Document everything, acknowledge the risk in writing, include multiple disclaimers, cast your investors even more carefully than your actors.

Q

Don't a lot of producers settle nuisance lawsuits, or declare bankruptcy, and consider it the cost of doing business?

A

True, but in our case the plaintiff demanded a list of our investors. Our previous legal counsel assured us we could keep their information private. Most don't want to be pestered by fundraisers or other filmmakers and prefer privacy. We filed a motion to protect their identities and lost. We filed an appeal and lost again. The law had changed. Under court order, we surrendered our list, then plaintiff's counsel wrote a letter trying to turn our investors against us. No one else joined their cause, so, eventually, all claims were dismissed. Our experience has been most film investors are very decent and smart people.

Q

Can you explain Development Hell?

A

In Hollywood, I sold and optioned multiple film projects to movie studios such as Warner Bros. and Walt Disney Pictures. I was paid option money, story money, sometimes writing money. Producers would then try to secure production funding, finalizing the script, attaching talent (i.e., movie stars), and preparing a budget. Hollywood studios option hundreds of ideas, concepts, treatments, screenplays, books, plays, and even songs every year to develop into movies. Most release about 15 films a year, so the odds are somewhat astronomical your project will get produced and, if it does, it might take years. Some of the greatest movies ever made were in development for decades.277

Q

Is there a Development Hell for indies?

A

Yes, as an independent, raising development money is essential to putting your package together. You need a top-notch business plan (including projections), a small core of skilled filmmakers, an experienced entertainment lawyer, a bullet-proof budget, and acting talent. If you are a first-timer, surround yourself with veterans with proven track records. Most investors and movie stars require the above as a minimum to even look at a project. Unless you have deep pockets, you will need to raise money to get started.

Q

So how do you escape Development Hell?

A

Well, in Hollywood most of my projects died a natural death. Producers passed away, stars lost their box office appeal, someone made something similar, new studio heads generally won't make films developed by their predecessors, so you keep coming up with new material, hoping something catches fire, which seldom happens. One time, after leaving Hollywood, I received a call from a producer on the set of Twelve Monkeys about a screenplay of mine, as I recall they were in Pennsylvania. Bruce Willis was shouting in the background, he wanted my script for the next Die Hard movie. It was a pleasant call, but it never went any further.

Q

How about as an independent?

A

It's completely different. You control your destiny. You raise money, develop the literary property, prepare business plans and budgets, attract talent, seek out incentive money, pitch your dream project, and submit your package to funding sources. It's a lot more work, and a lot less pay, but much more rewarding and the projects in development never die. Independent producer Dan Griffin has about 80 total projects in development, including some of ours.

Q

So you escape Development Hell by making the movie?

A

Yes.

Q

How many film projects do you currently have in development?

A

Seven, the three previously mentioned and four others.

Q

How many of your indie films have made it out of development into production?

A

Five.278

Q

How many films did you have in development in Hollywood?

A

Dozens, unsure of the exact number.

Q

How many films made it out of development in Hollywood?

A

None.

Q

Case closed?

A

My advice is, if you really want to make films, and not just play Hollywood, go indie.