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The Director’s Chair Issue #136 – November 15, 2012 (Truth, Justice and the Cinema!)

Truth, Justice and the Cinema!
by Eric Sherman

Though I was raised in the film business, I am growingly
astonished as the “hardball” tactics used by the old industry
moguls are being replaced by out-and-out scoundrels and
dishonest tactics, from the lowest to the highest levels of
the industry.

While I can’t disclose much yet about the legal cases on which
I’m working as a consultant and an expert witness, I have come
up with a few basic principles which, if you follow them, will
assist in protecting you from the alligators, vipers and other
consuming beasts.

1. ALWAYS DELIVER WHAT YOU PROMISE.
You must, against any and all odds, be a man or woman of your word, for yourself if no one else. That is the professional thing to do.

Therefore, a corollary to this is: ONLY PROMISE WHAT YOU CAN
DELIVER. There can be a tendency to stretch beyond your
capabilities. Creative people in the film industry, especially
if and when they smell money, sometimes make promises that are
simply not achievable. This gives us all a bad name. I’m not
suggesting that you only play it safe – but I am suggesting
that you FIND OUT what you or your assembled team CAN deliver
before you put any family jewels on the line.

2. IF IT ISN’T WRITTEN IT ISN’T TRUE.
Make NO assumptions. If you write or sign a contract, know what every word means. Have a good legal dictionary (e.g. Black’s Law Dictionary) and a good English dictionary (e.g. Oxford New American
Dictionary) at hand. You MUST understand what you’re
signing. You only have yourself to blame if you sign a
corrupt agreement.

If you don’t understand a word, find out what it means, either
by looking it up or asking. I’ve been in this business my
whole life, and I still ask questions. As often as not, if I
don’t understand a word, neither does the person who wrote
it. A REAL business person not only doesn’t think less of you
for asking, he/she will respect it. If ANYONE makes fun of you
for wanting to know, this is not your friend.

I’ve stated in an earlier article that your best friend can be
your attorney. All of the good ones with whom I work ALWAYS
ask, prior to any negotiating, what I want from a certain
business relationship – specifically, they ask what is
absolute, and what is negotiable.

3. MAKE SURE THAT IN ANY AGREEMENT YOU MAKE WITH ANOTHER, BOTH SIDES CAN WIN.
No one likes to be taken advantage of, and, in fact, it’s on you if you allow it to occur. Conversely, if you take advantage of another, you probably will end up paying a heavy price.

There’s a fine balance between money and creative – both sides
must have an opportunity to succeed. If an investor’s funds
are entirely at risk, and if he has no recourse if he loses
all his money, what is that worth to him? To you? At the
same time, the creative artist gives the money person a
playing field  That’s worth a heckuvalot itself.

4. RESEARCH, RESEARCH, RESEARCH.
In this Information Age, with Google, et al, having so very much data available, go to a search mode, and type in the person or company you’re considering working with. Read EVERY article and interview
you can. Find out how happy and healthy their employees are.
Find out how many lawsuits they’ve been involved with.

These guidelines are offered to you because they work. I’ve
been a filmmaker, teacher, and private consultant for many
years, and I’m shocked to tell you that I’ve never been sued
and never sued anyone. This is because I practice what I
preach.

Hope this helps you!

Best,

Eric Sherman

Copyright (c) 2012 Peter D. Marshall / All Rights Reserved