Negotiating in Hollywood

My boss is a hard-hitting Hollywood executive who has spent the last two decades in boardrooms and on film sets. Every day for him is a negotiation whether it is starting a new business, securing investors, buying a car, or convincing his lovely wife why he needs a new $7,000 video screening monitor. His life has led to many different types of negotiations and has found him on varying sides of the table. He has been bullied, the victor, the mediator, and the loser. More often than not however, he prides himself on being able to listen carefully, communicate effectively and maintain relationships in an industry where it is all about who you know. I sat down with my mentor and asked him about some of his experiences in the negotiating arena and the lessons he has learned along the way.

Q. You have been negotiating for the majority of your career with everyone from movie stars to high-powered studio executives. How do you separate the people from the problem?

A. The industry has changed a lot from when I first started twenty years ago. Emotion had no place in negotiation and the “Suits” were tough. Even when I was first rising up the ladder to an executive level, I had no tolerance for the personal side of an argument. Negotiation has really changed in the last decade or so and as I have moved to manage my own company, I see the importance and benefit of being able to address and respect the emotions of my counterpart.  I now attack every negotiation by first breaking down the problem into individual pieces in order to view them separately. This allows me to look at the facts of the discussion so that emotions can be addressed and removed. There is some degree of sympathy that must remain in even the toughest negotiations in order to keep discussions moving and keep relationships in tact. I approach this with a lot of ‘I understand’ and asking questions.

Q. How do you handle bargaining based on positions as opposed to principles and interests?

A. Logic and research {objective criteria} (Fisher, Ury & Patton, 2011, p. 86-89) are my main weapons when addressing individuals who insist on digging into their position. Logic, reason and questions allow irrationality to be brought to light and positions debunked.

Q. Give an example of how you work towards mutual benefit when negotiating a deal?

A. Establishing a common foundation is key when reaching a mutual agreement. That foundation can be built on new ideas and evaluated until an agreement is reached. In the film industry, middle ground can be hard to find and rampant egos can prevent vision, but in the 13^th hour stuck in a boardroom, a middle ground can usually be seen.

Q. Has anyone ever used “dirty tricks” with you whilst negotiating? How did you react?

A. I have no tolerance for dirty tricks, even in an industry such as Hollywood where they are used daily. My confidence allows me to call someone out on their tactics. I am not opposed to telling someone that I know they are acting unprofessionally and that negotiations will cease until a professional standard is met. I am never afraid to walk out of a negotiation.

Q. Do you develop a Best Alternative to a Negotiated Agreement (BATNA) before you enter a negotiation in order to have that confidence?

A. Before every discussion, I make sure to look at all of my options and courses of action. I am old school Hollywood in that I am always looking for the better deal and know what they are before I agree to anything.

* My boss and subject of this interview requested to remain anonymous.

References

Fisher, R., Ury, W., & Patton, B. (2011). Getting to yes: Negotiating agreement without giving in. 

     New York, NY: Penguin Group 

It Is As Good A Guess As Mine: Film Forecasting

http://www.gettyimages.com/detail/illustration/question-mark-royalty-free-illustration/CC000552

The film industry is like any other in terms of risk, profitability and revenue generation, but the research leading up to that final decision to pull the trigger is very unique. As NewYork Times columnist Adam Davidson explains is his article “How does the film industry actually make money?”, film deals with so much more guess work than any other industry and requires a sense of comfort in the unknown. Screenwriters, producers and financiers try to look at what is currently popular, which actor is causing the most noise and what book is a current best seller, but these factors still do not guarantee an audience or profits. Market research and audience screenings can help tweak a film in post-production but the movie has already been made. There is no re-do when millions of dollars and countless resources have been utilized. Even a big named star in a CGI filmed, action packed movie based on a screenplay from the most popular book of the decade does not promise a blockbuster. There is very limited ability for producers to do any forecasting for the future or analyzing of the past, even with the “perfect” combinations, and the industries inability to break-even or make a profit verifies this point (Davidson, 2012).

A variance in this profit forecasting dilemma appears with the sense of security that comes with a sequel. A follow-up film to one that brought audiences to the theaters allows producers to forecast more accurately and therefore spend more money. A set cast, cohesive crew, and a style with proven success helps to alleviate some of the immense risk that comes with filmmaking. The most successful of this strategy comes from the multi-million dollar blockbusters packed full of action and good-looking people. Danielle Kurtzleben discusses why this method is so effective in her article “Why sequels have taken over the box office”. Sequels allow an audience to reconnect with favorite characters, save time on casting and filming, as well as the ability to reach an international market where the language barrier can be diminished by car chases and impressive graphics.

Movie sales are dwindling more every year due to at home viewing opportunities and Internet dominance and the film industry is working with no power in prediction. Investors are now looking towards other areas of entertainment, including the Internet and the surprising resurgence of television (Davidson, 2012), but the dilemma is the same. There is no way to know where an audience is going to spend their money and a human being’s fickle nature leads to huge risk and no guarantee of reward. The industry is tough though and has survived wartime, depressions, recessions, and every other economic climate imaginable. Film is steeped in history, glamour and intrigue and although the factors that contribute to that magic are unpredictable, when everything comes together and an audience responds, the rewards can vastly outweigh the risk.

Funding Through the Crowd

My morning routine, much like that of many other digital-aged Americans, consists of a cup of coffee coupled with my Twitter updates. I start each day with CNN, Variety and ESPN as well as the latest from major motion picture studios and independent houses alike. In the last year, I have noticed a trend with smaller studios in using these social media platforms to look for and secure funding for their films. The publicity for a project in the early stages paired with a search for investors is a drastic change from the day in age when money was not discussed with the general public.

The money raising process has always been a difficult one for independent filmmakers and new, creative, digital, and public methods are beginning to become the norm. This concept is being dubbed “crowd-funding” and allows average people the opportunity to become personally connected to a film and therefor invested (emotionally as well as financially) in a project. As Jeff Steele describes in his article “Independent Films’ New Path to Financing”, this phenomenon speaks to two basic human instincts; “greed and self interest” (2010).

http://www.gettyimages.com/detail/photo/riotous-drinking-party-in-public-bar-high-res-stock-photography/84170446

Documentary filmmakers have been utilizing this concept in order to circumvent a traditional donation process, which can be lengthy and extensive. Although this method is becoming more popular for smaller projects, it is not 100% effective with the larger undertakings. The amount of time it can take to raise a substantial sum through social media compared to going through the traditional grant process is influential. YouTube and company blogs are also being used to showcase film trailers, up-to-the-minute updates, and personal stories about cast, crew and filming in order to bridge the personal gap that many projects face in finding funders.

Instead of dealing with groups of face-less investors that have no personal interest in a project, only financial, many filmmakers are choosing to appeal to individuals who feel like they are a part of a special project that may some day appear on the big screen. The tricky situation, as Steele warns, is how to use these digital mediums in a more efficient and time saving manner by making sure your audience sees a return on investment. A producers credit is not as effective as filmmakers assume since the general public often times do not understand the importance of the title. Frankly, if the Executive Producer credit is over used and given out at ease, it will lose all influence in the industry. The Academy Awards are too long as it is, if an Oscar for Best Picture is presented to all the Twitter followers for a production company, the telecast would last for days.

References

Steele, J. (2010, April 27). Independent films’ new path to financing. The Huffington Post: Tech. Retrieved from http://www.huffingtonpost.com/jeff-steele/independent-films-new-pat_b_553044.html

MPAA: The Big Fish in Film

Starting out in an industry, especially forming your own business, it is vital to know the key players and be able to network. In an industry such as entertainment, the old adage “It is all about who you know!” rings true and in the film industry, this concept could make or break a business. While in most industries, it is smart and productive to start at the local level by networking with city or state associations and commissions, the film industry has one major player at the helm; the Motion Picture Association of America (MPAA).

http://www.gettyimages.com/detail/illustration/film-royalty-free-illustration/97403297

In analyzing the film industry and the steps it takes to create a successful production company, my instincts lead me to my local film institutions, the Colorado Film and Video Association which partners with the Colorado Office of Film/Television/Media. These organizations have amazing programs, incentives, events, and supportive resources aimed to help Colorado filmmakers and media professionals navigate this unpredictable industry. While delving through the various channels of these groups however, I was consistently navigated to a MPAA reference and soon discovered the all-encompassing power of this association.

MPAA is comprised of the six major U.S. motion picture studios, which include Walt Disney, Sony and Universal. They control and monitor major functions in the film industry such as getting a film rating (their board of parents make that fateful and expensive decision between PG-13 and R), registering movie titles, and gaining approval for all film related advertisements. In order for any rated film to be released, it must go through their channels and attain approval.

Although they seem like the all-powerful rule-maker, MPAA’s main mission is to be an advocate and fight for the rights of the film industry by educating professionals, creating and defending legislation and establishing programs that fight for and maintain an advantageous environment. They create new initiatives and technologies that assist professionals as well as ensure a healthy and respectable future for this creative medium. They are extremely committed to intellectual property rights education and protection from pirating and also act as the champion for the rights of the artist. They actively pursue those who illegally mass-produce, identify and shut down criminal websites and campaign for new laws to protect the rights of filmmakers.

Being a small fish in a big pond can be a terrifying thought and so often large groups and associations (especially the thought of a collaboration of several major players) can seem intimidating and threatening. MPAA, although comprised of potential long-term competitors, is designed to promote fair trade and competition and create a business atmosphere where smaller companies stand a fighting chance. They promote the ideals of job creation, economy stimulation and spreading art to the masses. In starting a small production company, their standards are what I would have to abide by with regards to ratings and advertising. They give detailed advice about how to properly attain the necessary requirements but are also a great resource and possible protection for any projects that I may someday attach my company name to. With a persona of community, artistic expression and a thriving business for all, MPAA has a direct affect on the film industry and while my local resources are vital, this big fish is the gatekeeper.

A Soldier for Film

Film has always bridged a wide array of gaps and facets in my life. Whether it ignited a passion (mob movies such as The Godfather- I love stories of family, whether born in to or made); helped me see a different perspective (I viewed a film named Ajami at a film festival a few years ago about young lives in Tel Aviv that really opened my eyes to a differing way of life); got my creative juices flowing (Sofia Coppola’s vision and direction in Lost in Translation); or simply allowed me to escape the realities of the world for 90 minutes or more (I adore Judd Apatow for his genius in this arena); film has always been my gateway to another world or way of thinking. Projects, in particular documentaries, are specifically designed to take the viewer somewhere new and unexpected while shedding a light on something the filmmaker is passionate about.

http://armylive.dodlive.mil/index.php/2010/06/independence-day-greetings-from-combat/

When I came across the speech of Deborah Scranton at the 2007 TED conference, I viewed it simply to fulfill my own selfish enjoyment of hearing a female filmmaker talk about her experiences in the industry but was blown away by her project War Tapes. As a military kid I have lived that unique lifestyle of growing up on bases, watching loved ones be deployed and being raised by one parent as the other was in a war zone and I have therefore always been sympathetic and extremely emotional to the stories of the military and war. Scranton is able to connect with her audience, whether seated in front of her, in the movie theater or from her oversized chair in her Colorado office in front of the computer, and show them a rare glimpse in to the life of American soldiers during the war in Iraq. Her “film from the inside out instead of the outside in” approach put the cameras, not in the hands of the media or filmmaker, but the soldiers themselves and gave a never before seen perspective into the horrors of war. The shaky camera and the terrifyingly unexplainable sounds in the distance made the audience feel like they were on the front lines. The profanity, blood and machismo all added to the realness being unfolded. The gripping images that exploded on the screen moved me to tears while Scranton's voice cracking as she spoke of these soldiers so warmly and genuinely sympathetically drove me to fits of sobs. 

Scranton built a relationship with these soldiers living in an unforgiving and deadly place and it was evident in her end product. The military is very protective of its image and very wary of the media but she gained their trust through correspondence, a listening ear and most importantly, patience. There was no exploitation, only reflection and examination. That she was able to do this at all is something profound but accomplishing it as a woman is astounding and inspiring. 

Filmmakers have a responsibility to their audience and their subject that can be so often forgotten or abused. Scranton takes her role as storyteller of an untold or socially manipulated tale with a sense of integrity very seriously and you can hear it in her voice. This film was not designed to be a clever PR piece or publicity stunt. She gave these soldiers a voice and an opportunity to allow the world to see their side; the good, the bad and the horrific. These soldiers changed her life and she is passionate about putting this film in front of others so that they may have the same experience. In the last minutes of her speech, she calls the American public to action. No more blind support and ignorance. There are ways to help and things to be done and that to me is the beauty of film. That something I feel is my passion and cause can be put in front of the masses to share in an experience. While I appreciate my 90 minutes of mindless bliss with a good romantic comedy, film can also change the world.

Being Brave: Pixar's New Feminist Heroine

I love summer time for a multitude of reasons including the beach, afternoon thunderstorms and brunch outside on a warm Sunday morning. My favorite thing about summer however is the big movie releases. As I ventured through my traditional summer film fest, I recently made a deviation from my usual big budget action pieces and saw the animated flick, Brave. I was expecting to take a much-needed break from reality with the predictable Disney-Pixar format and storyline. A princess meets prince, falls in love, a witch enters the picture and casts a spell, trouble ensues, prince rescues princess, love conquers all, prince and princess get married and they live happily ever after. While all of these themes appear and are discussed in this picture, Brave flips them around and fights the stereotypes that Disney-Pixar themselves created.

www.amazon.com

I was inspired and moved by the spirit of young Merida, princess of a Scottish clan that rides fast, shoots arrows and has a smart mouth. Although I probably was not the intended audience, being… well… a bit older, I could relate to this quirky, independent young lady. Not just because I too am a smart-mouthed, curly-haired, redhead of Celtic decent, but I know the stresses of being the first-born girl and the pressure to marry and fit a certain mold that someone else (family, society, etc.) has laid before you. I loved that instead of accepting the norm as law, she fought against what she knew in her heart was wrong. Merida differs from past Disney Princess rebels like Mulan, Ariel and Belle because it is not a man that drives her adventure or saves the day and an extravagant wedding does not lead to final credits. As Kelly MacDonald, voice of Merida, asserts in an interview with The Hollywood Reporter, “[Merida] makes her own mistakes and then she doesn’t need a Prince Charming to come and make things better. She makes her own trouble, and then she gets herself out of that trouble, and I think that’s a very good message”.

The film also shocked me with a few other elements that differ from the standard. I really enjoyed the mother-daughter story line between Princess Merida and her mother, the traditionalist yet strong in her own way Queen. There are so many stories focused on the father-daughter relationship in animated pictures, which while still poignant and relatable, (especially for this daddy’s girl) it was refreshing to see another powerful, special and sometimes complicated relationship in a girl’s life. Melissa Silverstein of Women and Hollywood examines this special bond by expressing how strength is found in everyone in different ways and it is only when both Merida and her mother take a step back and see things from one another's perspective that they truly learn and accept each other.

The plot did something that most films, animated or not, cannot usually accomplish which was become unpredictable. I knew the basic premise and was expecting a Disney Princess tale, which I got, but with a twist.  I was expecting a whiney little girl character and a love interest but neither appeared. Even the customary “lesson” in Brave was unique and fitting for the changing social climate. She did not have to give up her ideals and compromise in order to please everyone else. She stayed true and with open rhetoric, strength and a little bit of gumption, got her point across while rebuilding those important relationships; all while maintaining the family values that Disney built its reputation upon.

I felt this film was an impeccable picture of feminism in this day in age.  Strong, vocal, powerful, and unruly at times but still feminine, compassionate and understanding. It is not about man-hating or being against marriage. It is about equality and demanding the same rights and control over one’s life as a man. Merida is not protesting marriage; she is asking to get there in her own time and by her own rules. Most of all, she is asking society and her family to allow her to live her own life and to accept her as she is, not what they see as the ideal. I thought Brave had a great message for young girls and was such a refreshing story to watch. I may be ever so slightly older, but that flame haired, unruly little girl inside went home feeling a little more empowered. And also hugged her mama!