BOOKWARS passes Quarter Million $ mark; FREEDOM DEAL Update

Greetings from Cambodia!-->http://www.aivf.org/node/1135

Just a quick note that BOOKWARS, Camerado's indie classic first feature doc about NYC street booksellers, has grossed in excess of $250,000 as of today's latest DVD sales accounting. (not all from DVD sales of course...this figure is mostly from int'l TV sales, which are still ongoing).

Anyway, not a huge sum, but not bad for movie which was made on a shoestring, with money raised from a bunch of used books sold at a sidewalk bookstand...

Get your copy at Amazon, or buy direct from CreateSpace and the filmmaker gets more $:

http://www.createspace.com/212506

(You can also get Camerado's second feature, No Sex For SUSAN HERO, at:
http://www.createspace.com/234901 )

As for Camerado's third feature, currently in Active D out here in SE Asia, FREEDOM DEAL...thanks very much to B52 airman Tommy Towery for sending his memoirs as part of Camerado's research into B52 Arclight and MENU activity on the Cambodian border during the US-WN War era.

Finally, The Independent Magazine gives great coverage of filmmaker J Rosette's 3+ years spent living and working out in Cambodia, check it out at:
http://www.aivf.org/node/1135

((( Sok Sabai!)))

FREEDOM DEAL: Introducing "Uncle Ramy"!

We're happy to say that we've cast one of our principle actors in Camerado's 3rd feature, **FREEDOM DEAL**, (now in active development) playing the role of "Uncle Ramy"...one of two survivors of a country wedding inadvertantly targetted by a B52 strike on the border, near an NVA sanctuary.

Read the Treatment Intro for FREEDOM DEAL [Adobe PDF]

I actually met Chanda [pictured above] at my University here in Phnom Penh, where I'm studying for a Masters in Development Studies. As envisioned, we'll be working with as many non-actors as possible.

Anyway, we'll make an announcement when we've cast the role of the other principal actor, the young girl, Thavy.

As we did with our previous feature, SUSAN HERO, we're asking folks to make a contribution if they can towards development and production. Making independent movies (especially out here in Cambodia!) is a tough, tough business, but this story has just got to be told.

So, as with SUSAN HERO, anyone who makes a contribution of $35 or more will be listed in the credits of the completed movie as Popes of Camerado. The Popes were crucial in getting SUSAN HERO made, and we hope they'll come through for our third feature, FREEDOM DEAL as well.

** CLICK HERE TO DONATE SECURELY (Via PayPal) **

[Major contributors will receive a producer credit or other equivalent, to be discussed; please email us with inquiries.]

Ah--actually, I successfully completed my contract at RUPP's DMC (contrary to what ex-co-director Martin Kroeber had stated)

This one has been a long time in coming, just have been busy straight through for over a year, and didn't have a lot of extra time to do lower priority items, like blogging, etc.

Basically, it all dates back to the semester I taught a video production course at the Royal University of Phnom Penh's DMC--Department of Media and Communications.

The co-director at the time, Martin Kroeber, supplied by the Ded (or DAAD?) as a visiting "professional scholar", had been telling a lot of folks that I resigned as an instructor there, that I did not leave in good form.

I found this out a while later when speaking to the head of the German development organization who funds the program, while poking around for more lecturer work around Phnom Penh.  Even the current Khmer co-director of the DMC had been under the same impression--that I had resigned.  It's dissapointing that other lecturers who had been present throughout my term and its successful completion (see below) did not take any initiative to correct this misinformation.

As a result, I asked for--and received (but with great resistance on the part of Martin Kroeber)--this statement from the Konrad Adenauer Foundation, stating conclusively and without argument that I completed my contract in 100% proper form, that I was not fired, and that I did not resign (amazing it's even necessary to have to write this...!)

Now, why would Martin stoop so low as to blatantly lie about a lecturer at the school, so willfully try to damage that person's reputation when they'd put so much into the program?

I had, after all, designed from scratch the DMC's very first introductory video production course, helped install equipment and tech same, design a theoretical component, built up their DVD library, etc, etc etc.

(Apparently, though, I wasn't he only person who had problems with Martin; several folks had problems before me, one had quit because of him, etc.)

Anyway, here's what happened:

Upon successful conclusion of my term, during which time many of my students had gone from never even holding a video camera, to making some incredible documentary (and some fiction) work, I thought it would be a great and mindblowing way to end the class if I were to somehow take my students to the Bangkok Film Festival and Market, which I'd attended the previous year and which was about to take place again.  

I knew the person who ran the Market and I figured that, if I could somehow pull off a field trip like that, it would be a great and fitting way to end the course.

So, first I inquired with my old contact there at Bangkok to see if I could get any passes for my students (normally they're $200 or so each)  Graciously, she granted us 20 passes--about $4000 dollars worth of in-kind contributions.

Next, and most crucially--and fatefully, as it would turn out--I went to Martin and pitched him the idea.  Sitting with us in the room was another lecturer, Isabel Rodde, who'd arrived at the DMC not long after I had.  

So, with both Martin and Isabel present, I pitched the idea to take my students to the Bangkok Film Festival and Market.  Martin didn't even realize the Bangkok Fest would soon be taking place, while Isabel remained dryly skeptical of the idea.

Nevertheless, I received the A-OK from Martin, and I began to engineer he project, continuing to utilize my contacts at the Bangkok Fest and Market in order to make the field trip an incredible success.

The problem was: the field trip became too much of a success. As the project took on luster, as I continued to coordinate and produce it, more and more folks made their way onboard.  The Thai embassy because involved, and then it became even more high profile...

Still, at one point Martin took me aside and assured me: "don't worry, this is still your project".

So I continued to pour in more time and effort, to utilize my own contacts, even though I'd completed my contract already and by now was working for free to make the project happen.

Soon, even old Isabel decided she wanted to attend as well, even though she had remained so skeptical when I first pitched the idea to Martin.

One night, as I was in my kitchen, I received a text message that "Deep", a guy whoe worked with the BBC and lectured at the DMC, also wanted to come on board.  I texted Martin back that, while I wasn't opposed, I thought we should all meet and determined what role each of us would take.

Martin then texted back "Not your project any longer.  This is a University project"

Never mind that I'd put so much time and effort into it, or that it was my idea.  Never mind that I had persuaded and cajoled my contacts in Bangkok into providing $4000 worth of in-kind assistance to get the ball rolling...

Regrettably, at no time did my only other colleague who'd been present (Isabel Rodde) take a stand and say "hey, Martin, you know this was Jason's idea; this is his project." That would have been an honorable and highly appreciated intervention. 

Clearly, though, Isabel did not want to risk a free pass to the Festival and Market--which I'd secured for my students actually.

So I stepped away from the project. I decided that I'd attend the Fest and Market instead with my company Camerado, and with Associate Producer Chan Norn; we both attended and Camerado was the first company from Cambodia ever to go to the Film Market (with a booth there as well), promoting the Cambodian Film Scene as well as ourselves.

(That's, by the way, where I met Mariam Arthur of FilmCambodia.org who was helping out at the Market; not long after that, Mariam had her own plans to come to Cambodia to cultivate the movie scene).

Anyway, as a result of stepping away from the project which I had put together, my students were completely baffled; they would not conceive of WHY the person who had 1) come up with the idea and 2) produced the event could now no longer be attending with them.

In order to avoid explaining myself to every single one of my students, I wrote a letter to them, explaining everything that happened.  They were perplexed, and had not foreseen that such university politics could ever take place on that level.

During this time, I stood alone, explaining myself as best I could.  Not once did any other colleague from the DMC come forward and take a stand to clarify the situation. Again, Isabel was now no longer skeptical about the trip: she would be attending with a Festival and Market pass and would be staying at a luxurious hotel in Bangkok. (she never did actually even offer a word of thanks...nice!)

Anyway, when my students finally caught a glimpse of what had actually happened, Martin flew into a frenzy.  He soon began propogating the notion that I had resigned from the DMC--which is, again, entirely untrue as per the statement from the Konrad Adenauer Foundation.

If anything, I brought glory to the school via the field trip to the Bangkok Film Festival and Market which I conceived and produced.  Yet, in the end, I had to fight tooth and nail to get this letter from the Adenauer Foundation stating without doubt that I had 100% fulfilled the terms of my contract, that I did not resign--despte the baffling and unfortunate insistences of Martin Kroeber, ex-co director of the DMC at Royal University of Phnom Penh.

[I will also forego mentioning that, prior to all this and several months earlier, Martin had dashed off to Germany for Christmas vaction for several weeks--conveniently forgetting to pay his lecturers, including myself! All email to him went unanswered for two weeks...I took another emergency job as an English teacher, since he wasn not responding to emails and I had to assume the worse.) 

A couple weeks later, he text messaged me to tell me he "was back...and by the way, I need the attendance rolls urgently!" When I spoke to Martin about this, he failed at first to realize what he had done wrong--although he himself finally conceded this was not proper behavior.]

Chan Norn of SCD, Cambodia: former Associate Producer of CAMERADO

Here's a business card I made for Chan Norn when I took him as part of a training trip as Associate Producer for my company Camerado (at the time we were mainly making videos for local NGOs) to the Bangkok Film Market in 2006; when we arrived in Bangkok, though, it was high season, and so we spent hours and hours walking around with our bags to find a guesthouse: they were all filled.

Finally we found one, the Peachy Guesthouse, who had a room left (this was like 1 or 2 AM). We were about to take it, but when the folks at Peachy learned Chan Norn was Cambodian, they wouldn't let him stay. (due to historical antipathies between Thailand and Cambodia).

I was welcome, but not Chan Norn...anyway I told them to fuck off; if he couldn't stay, then I wouldn't stay, and we continued on til we finally found a place who was cool about it all.
[Next day at the Film Market, I lodged a complaint about Peachy Guesthouse with the Tourism Authority of Thailand, who had a booth there]

Previously, I'd arrived in Cambodia in 2005, on my own, with just a backpack, seeking to set up a viable way of making a living for myself whilst I took a break from the US. I taught English, and did some consulting, and fnally scraped together the means to produce videos for NGOs, etc.

Later, a longtime friend of mine, Cormac Creed, said he wanted to head over to visit...I said I'd help show him around, show him the real Cambodia, so I took him down to Takeo province to meet Chan Norn (where Chan Norn's from). At the time Chan Norn said he was eager to keep making video productions...we were just gaining momentum after the production of the WildAid/FFI/CI video, "Have Forest, Have Life", and there were more projects on the horizon.

While in Takeo, Cormac gave a pretty big cash donation to the local abbot (head monk) of the Wat. The old abbot nearly keeled over when he saw how much he'd been given--

Anyway, after we all made it back to Phnom Penh, Chan Norn and Cormac had decided to set up a center for orphans and disadvantaged kids , SCD Cambodia.*

[*A noble plan, for sure; but if I'd known beforehand, I probably wouldn't have referred Cormac right off the bat to my only trained Cambodian Associate Producer-- ;) ]

Anyway, this is how Chan Norn and Cormac met initially; I introduced them, after I'd been here in Cambodia for over a year [I arrived in January, 2005] and had come here on my own initiative.

I'm still here, studying for my Masters in Development Studies at the Royal University of Phnom Penh.

I figured this was worth mentioning, because it illuminates a common patron/client relationship that exists between foreigners and Khmer. This relationship is typically hierarchical, with patrons above and clients below--versus more lateral arrangments in industrialized nations--with a great deal of mobility depending on what a potential patron can offer (in terms of resources, $, etc.)

What I do in my off hours: Teaching Orphans and Street Kids

Thought readers might get a kick out of this (those who haven't seen this video yet)...my CamboFest helper Vuth took some video of me one day when I was teaching at Cambodian Light Children's Association, where I teach English when I get the chance.

The kids are great--take a look and see a sliver of life here in Phnom Penh:

SUSAN HERO ahead of its time! The Washington Post reports...

FDA Says Clones Are Safe For Food

Report Finds No Evidence of Risks

By Rick Weiss

Washington Post Staff Writer
Tuesday, January 15, 2008; Page A01

A long-awaited final report from the Food and Drug Administration concludes that foods from healthy cloned animals and their offspring are as safe as those from ordinary animals, effectively removing the last U.S. regulatory barrier to the marketing of meat and milk from cloned cattle, pigs and goats.

Now, SUSAN HERO, released late last year, was dealing with this subject as far back as 2003 when the final version of the script was complete! Talk about being ahead of your time...(and not to mention a lot of other extrapolative, sci-fi projections and social commentary in SUSAN HERO which seems to be playing out these days as well. But you'll have to SEE THE MOVIE and DECIDE FOR YOURSELF!!)

(Link to complete article here)

http://www.washingtonpost.com/wp-dyn/content/article/2008/01/14/AR2008011402941.html?referrer=emailarticle

The Compleat Online Discussion re: controversy surrounding the Santa Fe Film Fest's screening of SUSAN HERO

Six months ago, in a state in the Southwstern USA... a movie was screened under bizzarre conditions. Unbeknownst to the filmmaker, who'd struggled for years to complete his movie and bring it back to his homestate for his premiere, the movie was indeed premiered--but without the filmmaker even knowing about it! And now, SIX MONTHS LATER [as of this update May, 2008], the filmmaker is still waiting for items which were promised--but never delivered: A poster someone made for the movie, but which the filmmaker has never laid eyes on...the mysterious "entry materials" which an actor had supposedly used to submit the film...attendance numbers and box office information... It's time to look back on-- "The F*ckup" (or: Everything You Ever Wanted to Know About Having Your Premiere Go Down the Shi*ter) ** STARRING ** Jason Rosette...........As the Struggling Filmmaker Stephen Rubin.........As the Director, Santa Fe Film Festival Jon Bowman............As the Elusive Founder, Santa Fe Film Festival ~and~ Dr. Alan Rice...........Actor-Physicist gone Haywire ~ with  Other Special Guests! ~ [**Not recommended for readers with weak stomachs or a strong sense of ethos**] I wanted to post this recap, with all the other relevant (but missing) inputs, as seen on the Withoutabox* bulletin board when I sought feedback regarding the mishandled New Mexico screening of our 100% local NM feature, (No SEX For) SUSAN HERO at the 2007 Santa Fe Film Festival. It really was a very disappointing incident which I hope everyone can learn from. [* WithoutABox, by the way, rocks!--we have no issue or problem with WithoutABox.  WithoutABox is without doubt one of the most innovative, creative, and laudable developments to enter the indie film scene in a long, long time...Sure, we had some rough moments with WithoutA Box when we were setting up our own movie festival, CamboFest out in Cambodia--which I program, along with various Khmer colleagues--but, again, this message, this blog note, my issue here has nothing to do with WAB whatsover.]   Anyway, I felt compelled, for the sake of truthfulness, to include additional the material which transpired behind the scenes, via emails between myself and the WAB moderator and other contributors. Basically, the moderator of the WAB board (Noah Kadner) shut down the thread before I had a chance to clarify what actually went down*-- [*Noah, an aquaintance of Santa Fe fest's Stephen Rubin as well as mine, and an otherwise decent guy who I knew from my NM days when I was a behind-the-scenes shooter on his feature, had closed the WAB thread before allowing us a chance to objectively tell our whole side of the story; when I asked him to allow us to post again to clarify, he refused.   As a result, we posted that entire WAB discussion here on the Camerado blog as a workaround, including some other material (emails) as well for the sake of transparency. When Noah found out that we'd posted this material on our blog, he complained about us  "posting his private emails". I pointed out that an email or a letter or other correspondence  is shared between sender and recipient, and as such is actually the property of both  (as you'd see in any bookstore when you find a "collected letters" book.)   I mentioned to him that (on the contructive side of things) he might in any case better understand our own distress in light of his perceived misuse of his email, since in our case, an  ENTIRE FEATURE FILM had been misused/premiered without our knowledge...there was no reponse to this point.] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>>> ANYWAY: I would have been happy and excited to screen SUSAN HERO at the Santa Fe Film Festival under any other normal circumstances, but it was incredibly dissapointing to hear that, just after I'd returned back from the US at great expense (specifically in part to try to get a screening in New Mexico) there had in fact been a screening of the movie... But I'd never been asked or informed, and I only just found out about it through another actor friend in New Mexico who emailed me to mention "a screening", and then I followed up by Googling around til I learned about it. ** If anyone can honestly explain that it's OK to have a festival premiere your feature (that you've worked on for years, while insisting you make the movie with only local talent from your state because you view that as important for development of the local industry) without actually 1) seeking your permission or 2) even letting you know about it (just after you've headed back 10,000 miles after trying as best you could to get a screening in your homestate, so that the talent and everyone else involved in the movie could finally see their finished work...) while the festival actually nontheless goes ahead and collects box office/ticket money, and even makes posters for advertising the screening, after you're gone, without even having the courtesy to send an email to let you know about the screening... and on top of this, shortly afterwards, you learn that the festival actually had some antipathy towards you for some (benign as it turns out) outreach you'd sent via a letter to the Governor's Film office--not to the festival, mind you, but a totally separate third party--then I would stand corrected for everything I've felt, said, or done regarding this issue ** That just doesn't make sense to me or a lot of other folks in New York or LA or the rest of the industry who also wondered what happened. Whether the movie's great or not, whether the filmmaker is big or not, whether you agree with what the filmmaker has to say, personally or otherwise: that's no way to handle things. It's not ethical, it's not constructive, and it's just plain wrong. As mentioned, I'd just been in the US that same summer specifically to try to screen the movie, in person, in New Mexico and I could have easily extended my return flight in order to attend the NM premiere. But no one at the festival actually ever requested my permission to show the movie; an actor had submitted on his own, apparently it to "Cinema cafe staff" [in his words]--who also apparently operate the Santa Fe Film festival, though I never could determine this for sure--despite my express instructions to him not to do any submissions of the title to any venues. (I'd asked the actor to look around for venues while he was in New Mexico and let me know about them--money was so tight for me that summer, after travelling all the way back from Asia, that I just couldn't afford to head to New Mexico to put together a screening unless I had a strong lead first) But most importantly--and disappointingly--no one from the festival even bothered to let me know it would be screening, something that could have nearly effortlessly been accomplished via a simple email* (*or Facebook message; in a weird twist, it turns out that fest staffer Stephen Rubin had requested to be a friend of mine on Facebook well before the whole debacle took place...didn't know who he was at the time but I said, sure, and let him be a Facebook friend, why not? Anyway, you can image what it may have been like--after all this, sorting through the wreckage of the blown NM premiere and all the fruitless attempts to get Stephen to clarify what happened, after the event--to find a picture and profile for a Stephen Rubin on my list of Facebook friends! WTF?). To continue: I only later found out by Google searching that SUSAN HERO had actually played, a few weeks after I'd headed back to Asia...not the way I'd wanted to "bring the movie home" as a local NM filmmaker, with filmmaking actitivities in NM dating back as far as 1993. Finally, it was later revealed that festival staff had been, according to the actor who submitted the film, distressed at outreach I'd done to the Governor's Film office a short while earlier (although I'm not sure how my communications with the Governor's film office would have also rightfully been the business of the festival...in any case, the fest staff specifically mentioned what a troublemaker I'd been, sending a "letter to the Governor's office.") I'm not sure they actually ever read the letter, it seems like they were just making some big (and erroneous) assumptions. That letter, in which I'd written which stated my eager desire to achieve a screening in New Mexico while I was still in the US that summer, happened to be benign; I was pretty careful to make it as reasonable and as polite as possible. ** As a result, the letter is posted on this blog under another entry for anyone to look at, to dispell notions that I'd somehow undertaken some disturbing or offensive communication. ** Anyway, the festival staff appeared to be angry about the letter I'd written and although they never addressed that issue when I asked them about it after the fact; but it's been confimed by Alan Rice, the actor who went ahead and met with them (despite my instructions). To this date I still haven't received any response from the festival staff when I asked them about this issue with the letter... In any case, there appears to be some linkage between the fest's reaction to that benign letter I'd sent (again, not to them, so therefore not really their business--still can't figure out why they'd even consider this to be an issue related to their operations) and the pretty significant mishandling of a local NM filmmaker's work. Which would be significantly unethical, beyond an actual "mistake" or communications error...that would be a willing "diss" of a filmmaker's work, not to mention the copyright/public performance issues involved. (When I asked them to please clarify this, I was met with non-response.) Never mind that I'd been working in New Mexico as far back as 1993, then again in the mid 90's on the Gotham Award nominated feature, BOOKWARS--long before "Tamalewood" had become a hot location. Didn't matter that SUSAN HERO, when it was in production in 2003, was the ONLY movie shooting in New Mexico after a Shirley McClain movie had fallen through. Didn't matter that I insisted on using only NM talent and actors in the production, and that I set up a pretty decent resrouce to assist talent in NM, the NM Talent Group at Yahoo. Didn't mattter: I had the audacity to do outreach to the Governor's office and so I guess I had to be put in my place for whatever (ultimately imaginary) offenses! Anyway, when I asked the original board moderator Noah, whose own movie had screened at Santa Fe Fest a couple years earlier, to allow further clarification on the WAB board, he declined; so I felt obliged to make those clarifications here on the Camerado blog. My ultimate goal is not to unduly skewer the festival or the actor or to assign any undue blame; but, now that my intentions and reputation have been attacked, I feel there's nothing unethical about being as open and as honest as possible out this whole issue, so that whoever's interested can learn from the process firsthand. Another goal is, ironically, to defend myself from any wrong action in all this, as some folks who were involved in the scenario have so far attempted to make me as filmmaker/producer somehow culpable for the mishandling of my own screening (!) It's too bad really...I had a real interest in the development of the NM production scene, dating as far back as the early 90's. The Lesson: Seems though, that if you're going to be vocal about something--no matter how delicate or diplomatic your approach--there'll be some folks who disagree with you; if those folks, as in the case of the Santa Fe fest, happen to be misinformed about or second guess your motives, then the result is that you might find yourself "dissed" for no good reason--"dissed" to the point that your work is screened without your knowledge, without the basic minimal respect allowable to an filmmaker who's worked hard on his creation. If you react to that in any way short of greasing yourself up and bending over, then you're deemed to be "difficult" (?!) Anyway, for the sake of truth and fairness, I have sought to make the facts available so that, if anyone's interested, they may at least see the mechanics behind how the situation unfolded... ** Additional/behind the scenes material is included IN RED as emails sent between myself and Noah; otherwise the thread is as it appears on the WAB bulletin board, "Festival Cafe" ** (It may be interesting to see the differences... ;) ) ===============================================================>>> 12-15-2007, 07:10 AM

JasonR_30743 Festival Director Join Date: Oct 2002 Location: Asia Posts: 22

Questionable Fest Experience: Seeking Feedback/Advice Hello WAB community: (This is actually a question I have as a filmmaker, since we also run a fest called CamboFest...but this is regarding my second, recently completed feature, SUSAN HERO, and I would appreciate any feedback you might offer) I've recently had a pretty questionable/not-good experience with an established fest in my homestate of New Mexico--will leave name out for now unless WABers deem it useful to know. In short, they screened my movie 1) without getting my permission or 2) even notifying me. I only actually found out it had played after an actor emailed me to say how much he liked seeing the movie! (so I Googled around and found it had played) What had happened is this: an actor associated with the project had taken a screener to the fest office and persuaded them to screen it--then paid the entry fee and submitted the entry materials (without my permisson or knowing it) Now, the actor then told me he'd done some outreach to some folks at this fest, but I didnt know he'd gone that far. I'd asked him to look around while I was in my homestate and see if he could find some venues where I could do an IN-PERSON screening, even if that were only an art gallery, warehouse, etc. Basically, I needed to do the screening while I was in the US, in person (as part of the strategy to network and pitch the next project) and I was willing to do that wherever we could. Anyway, the actor tells me he's got it to some folks who might be able to screen it later on--still, I remind him that I want to do the screening only if I could attend in-person. ** NOW HERE'S THE KICKER: In order to ward off any possibility of the fest screening the movie without telling / informing me [they didn't actually even have the latest cut], I tracked down the fest staffers and emailed them to tell them that, while I appreciated their interest in showing the movie: 1) they didn't have the final cut of the and 2) they should contact me, not the actor, regarding any screening and 3) I really, really (my diplomatic phrasing for MUST) want to be at my homestate premiere in-person to network and pitch future projects In any case, I was very diplomatic, and I thought I'd done adequate outreach and never would have suspected they'd go ahead and show it anyway--in any case, the burden should not be on filmmaker, correct (?) to have to track down venues who MIGHT have the movie and then make sure they're diligent about securing performance rights--no? So, compounding all this was the fact that I'd just been in the US for the first time in over a year (I live in Asia, where, by the way, I direct a movie festival in Cambodia called CamboFest - see www.cambofest.com). I'd been trying like mad to get that IN-PERSON screening in my homestate while I was still in the US, so that I could not only enjoy seeing my movie play in person, at a festival for the first time [since I live far away and can't reasonably travel to see it play at fests, so far at least] but also do some crucial networking and pitch my next feature script--which, like the feature movie in question, would be shot in my homestate as well, as I'd always been a strong proponent of making local productions. In short: I'd been in the US trying to get the in-person screening, could not make that happen, then headed back to Asia to hear a festival had gone ahead and shown it ANYWAY without actually getting my permission or notifying me. My reaction when I found out: anger, betrayal, violation of my right to decide where and when my movie gets shown. When I approached the fest, they were pretty dismissive, saying it was basically the actors fault. And that they were sorry they didn't notify me. But they did not acknowledge the emails I'd sent in advance, trying to avoid this very situation. On top of this, a poster for the movie was made (by someone) and was hanging in the Film Commission office, as reported to me by one of the other actors. So it appears that they even went so far as to make a poster, which I had no input in making,yet they didn't even bother to ask/tell filmmaker? It's mindnumbing... Or is this just me? I've been making movies and submitting to fests for a long time, but nothing like this has ever happened. Anyway, I've asked so far to get as a minimum, a copy of the submission materials the actor used to submit the movie, but even that is not forthcoming yet after numerous attempts, and my patience is really wearing thin. SO HERE'S MY QUESTION-- *** What is an appropriate reaction/course of action on my part? *** and *** Is fest ultimately culpable, despite their claim that actor "persuaded them" to show the movie, and even, despite actor--so they claim--having submitted the paperwork and presented himself as authorized copyright representative? *** It just seems so weird, even the fact that I contacted them way in advance, to avoid this very kind of problem-- Items I've thought about as potential "payback" might be: 1) guaranteed future screening 2) usuable PR quote from the fest 3) box office/rental fee for the screening. I've of course been in touch with some legal folks, and they all basically state I have some legal claims. But, I also want to play this as reasonably as possible--without getting shafted, of course. In any case, even at our emerging fest, CamboFest, we're always very, very diligent about getting proper screening rights. Thanks for any thoughts, advice, suggestions, JR __________________ J Rosette ~ CAMERADO Moviemaker * Producer * Director BOOKWARS ("Terrific"- LA Times") 2000 CRISIS 2005 HOLLYWOOD BLACKOUT 2006 No SEX For SUSAN HERO ("An excellent achievement" - Sydney Underground Film Festival) 2007 CamboFest: Film and Video Festival of Cambodia Cambotube!: "The YouTube of Cambodia' Cambodia 855 012 194 2702 Thailand 66 081 617 9240 HTTP://WWW.CAMERADO.COM CONTACT: camerado@camerado.com * PO Box 707 12000 Phnom Penh, CAMBODIA

#2 12-15-2007, 07:51 AM

DavidM_190568 Mogul Join Date: Apr 2005 Location: Birmingham, Ala. Posts: 2,288

Obviously, there's no question that the festival screwed up, based on what you're telling us. It sounds as though you clearly told them that they didn't have permission to show your film, so it's hard to see how they could justify it (regardless of an actor submitting it). On a practical level, though, I suspect you would find it impossible to show that you suffered any damages because of what they did. Without being able to show that you've suffered specific damage (i.e., lost money in some way), I don't think you have a legal claim that is worth pursuing. Yes, you could prove copyright infringement, but it wouldn't be worth it, since damages would be zero. I'm not an attorney, so you might get different advice from an attorney. For practical purposes, though, I would simply let it go as a bad experience and move on. You're not going to be able to change what happened. You're not going to recover damages (since there aren't any). So why waste your time pursuing it? The best you can do is let other people (here and elsewhere) know about your bad experience with this festival. Just tell us which festival it was so people can decide for themselves if this incident is enough to keep people from doing business with the festival. (If the festival wants to tell its side of the story, that would be good, too.) __________________ David McElroy http://www.davidmcelroy.org/ "We're the Government - and You're Not" A presentation of the U.S. Department of Homeland Propaganda "Dysfunctional Family Association" A comedy coming sometime in the next decade!

#3 12-15-2007, 08:13 AM

J'aimeeS_237892 Festival Director Join Date: Aug 2006 Posts: 119

I agree with David, although they need to know they stuffed up - big time. If they didn't screen the final cut then surely that means your premiere status is still intact? I'd see it that way. On the topic of posters, if we believed we had the rights to screen a film we very often make one off posters promoting that particular film (& screening) so we can market it to a target audience (whale films at the environment centre etc). Maybe that's the kind of poster your friend saw? Anyway all that aside it sucks - bigtime. You deserved to have your first screening they way you wanted it and the fact that you tried to make contact and got no-where only makes that festival's mess-up worse. I think you should name them, enough festivals have their flaws exposed here on the boards, why protect these guys - and filmmakers have a right to know which festivals won't make the effort to answer an important email. __________________ Festival Director Byron Bay Film Festival 2008 www.bbff.com.au Join BBFF's Facebook Group BBFF's Myspace For Filmmakers BBFF's myspace for audiences

#4 12-15-2007, 08:17 AM

JosephK_270598 Legs Join Date: Jun 2007 Posts: 478

They must have liked your film to screen it. Tell them your goals and see if they will work with you in that regard. If the relationships are not spoiled, why not turn this into a positive experience and ask them to help you arrange and co-host a future screening (to make up for the opportunity you missed), and to provide an invitation list from their database (in addition to your own.) You might even consider making it a charity event and ask for a small donation from attendees. You can arrange your desired pitching sessions around the screening or in another location. If the festival is connected to your local community you want them to be your allies. They probably have resources in the area, or can help you more easily connect to a general audience beyond the specific investors you might already know. __________________ Writing screenplays you want to see! What are you looking at?

#5 12-15-2007, 08:19 AM

SteveG_169708 Classic Join Date: Aug 2004 Location: Los Angeles, CA Posts: 1,332

Quote: Originally Posted by JasonR_30743 Items I've thought about as potential "payback" might be: 2) usuable PR quote from the fest "We liked his film so much, we screened the rough cut illegally!" ~ Mysterioso Film Festival On the serious side, I was pretty much thinking what David assessed while I was reading your story - you're in the right, but it would be hard to prove or receive compensation for damages. Maybe if you could show a pattern of abuse and how numerous film deals have been garnered by finished films at this festival, then you could state a claim that the rough cut screening hurt your career possibilities, or something. But that's probably a tough one to prove. If you're worried about loss of premiere status in the U.S., I think you could safely hold on to it by saying that was a works-in-progress screening. Did they get the poster from the actor, or design it themselves? I don't know the actor who approached the festival, but is it possible he represented himself as they say? Is he given to big, ambitious gestures? He may have felt he was doing you a favor by pushing the film, he may feel a propriety right to it (he's in it, which is enough for most actors to call it 'their' film)... It may be a case of misguided or overly enthusiastic actions on the part of one of your cast members, rather than the fest being too devious. The emails asking them not to screen it are the worst part about the story, otherwise, I'd be tempted to say, "Hey, most people are thrilled to get into festivals." But I know that's no consolation when you feel ripped off or betrayed, and I don't want to belittle your degree of upset. You have every right to be angry for a while, but in the grand scheme of things, you might benefit more from treating it as a simple misunderstanding (whether it was or not), and trying to garner some support from the festival. Sorry to hear about your situation. On the bright side, they liked the rough cut enough to screen it as part of their festival, so the finished version must be great. Good luck in the future - hope you're able to get your funding and keep making films. gelder P.S. I posted this before seeing J'aimee or Joseph's post on the subjects. I take too much time to type, I guess. __________________ BEEF TIPS ON RICE PRODUCTIONS - "Great films served on a steaming bed of rice." 'Arc' : WINNER of twelve awards - Official Selection of 27 festivals worldwide! 'Checking In' : WINNER! Best of the Fest Micro Picture, Bare Bones Script-2-Screen Film Festival WINNER! - Best Opening Scene, Seattle True Independent Film Festival 'Under My Skin': WINNER! Best Thriller, Route 66 Film Festival WINNER! - Best Drama, Trail Dance Film Festival - VIEW ONLINE AT IFILM! 'Cabbie': WINNER! Best Short Film - Asheville Film Festival WINNER! Most Inspirational Film - Seattle True Independent Film Festival WINNER! Best Concept - EHS Short Film Festival NOMINATED! Best Mockumentary - LakeDance International Film Festival NOMINATED! Best Short Film - Santa Clarita Valley Film Festival

#6 12-15-2007, 05:54 PM

LouisP_193517 Classic Join Date: May 2005 Location: Hollywood (Florida) Posts: 1,074

I had a similar experience. I submitted a film to a fest and when I wasn't selected, called for feedback. I was told that they liked my film and it was too bad it had already screened and was hence, "not eligible." After doing a little digging, I found that one of the actors, who was a volunteer at the fest, had arranged for a screening prior to the fest without telling me. Them's the breaks. Lou __________________ www.thehallsofjacob.com http://www.imdb.com/title/tt0901490/ Winner: Best Narrative Short and Director's Choice -Southern Winds Film Festival, 2007

#7 12-16-2007, 04:15 AM

JasonR_30743 Festival Director Join Date: Oct 2002 Location: Asia Posts: 22

Thanks for the feedback so far-- Yea, it is insightful to hear these perspectives; I'm aware of the realities of whatever legal angles there may be, which is why I want to stay "off that grid" unless there is a compelling reason for a lot of reasons you all have already mentioned. Also: aside from being "right", it seems like a lot of operations folks inside festivals (from my own experience as well) seem to be somehow immune from any sense of responsibility when it comes to something like this--my position has always been that it's a 50-50 arrangement overall: the fest needs strong content, and the filmmakers need fests. But the unfortunate REALITY is that even in a situation like this, the filmmaker can somehow end up as the bad guy / girl for even bringing this up, for calling a fest on something improper...in the foggy world of festival operations, basic facts get lost and suddenly the filmmaker who had his/her work shown in an improper fashion is labelled as a troublemaker, or "ungrateful". Which is why I appreciate the WAB feedback on this; I do want to handle this in a constructive, reasonable way. Along the lines of having the festival itself [it's the Santa Fe Film Festival, by the way] weigh in, I figure I'll do this: I'll wait for them to get back to me (so far I've been trying to contact them by phone, on my own dime, from Asia, and via many emails to resolve this--basically a completely one-sided communcation from me, though I'm the one who got the short end of the stick) ...and when they do get back to me, as they've assured me they would, I'll let them know this discussion is ongoing on these boards and that they may want to give their perspective so as not to unfairly damage their reputation. Thanks for the info so far, JR __________________ J Rosette ~ CAMERADO Moviemaker * Producer * Director BOOKWARS ("Terrific"- LA Times") 2000 CRISIS 2005 HOLLYWOOD BLACKOUT 2006 No SEX For SUSAN HERO ("An excellent achievement" - Sydney Underground Film Festival) 2007 CamboFest: Film and Video Festival of Cambodia Cambotube!: "The YouTube of Cambodia' Cambodia 855 012 194 2702 Thailand 66 081 617 9240 HTTP://WWW.CAMERADO.COM CONTACT: camerado@camerado.com * PO Box 707 12000 Phnom Penh, CAMBODIA

#8 12-16-2007, 10:58 PM

Damien P_283643 Talkie Join Date: Oct 2007 Location: Queensland, Austraila Posts: 50

Yes I have had a similar experience to this also! not as relentless though. I submitted a film of mine to a online streaming provider, (as they got good coverage on there page and it seemed like a good idea). and about 2 months later a got an e-mail from a festival called West Garth Film Fest, saying that my film had been rejected, even without my submiting it. Anyhow it turned out that one of the providers I submited it to, submited it to the festival without piror permission.. But when your a indie film maker, theres not really much you can do except put it down to a bad experience. Damo __________________ ------------------------------------------------ 7 Offical Selections, 2 Awards 'The Observer' new post apocalyptic animation International release date 'August '08 ------------------------------------------------

#9 12-17-2007, 05:15 PM

NoahK_170061 Administrator Join Date: Aug 2004 Location: Venice,CA Posts: 3,304

Jason- Wow that's a really bad experience. Shame on the actor for letting things go so far without your authorization. Unfortunately I can see the festival's position on this one. There's no festival that has the resources to research every festival submission they receive to make sure it's coming from someone actually authorized to rep it. This is why I gave out exactly zero copies of my movie to anyone before I started submitting it. In this case, I think the festival owes you a few things. Number one an apology for not connecting your communications about not showing the film with the actual scheduling of the film at the festival. Number two to change their website to clearly state that your film was not a premiere but a work in progress so that you don't lose your premiere status. Although ultimately this is not as horrible as it sounds because you are going to lose it eventually anyway and you can still have a long festival run after the premiere at many festivals without premiere requirements. As for further legal actions I would say you could take the actor himself to court for copyright violation but I would imagine you'd have a hard time proving any actual damages. Not to mention a good lawyer could probably take your communications with the actor and construe them in such a way to show the actor had a reasonable cause to think he was authorized to submit the film. In other words I think you'll basically just ending up wasting a lot of time and legal fees with nothing gained. The good news is that a festival liked your film enough to screen it. So now maybe it's time to keep submitting it elsewhere and get on with your career. -Noah __________________ Learn 24p editing with the Panasonic DVX100 and HVX200 and Apple Color. Now featuring the HD Survival Guide. For WAB Message Board Help, Comments or Suggestions, Please Contact me at: boardadmin at withoutabox dot com

#10 12-17-2007, 05:41 PM

Shannonn K_175688 Festival Director Join Date: Oct 2004 Posts: 372

Sorry to hear this story Jason R. And ditto to what Noah said. Shame on the actor- Unless you gave this actor a producer credit, there should have been no reason for the festival to believe the actor was acting as an agent of the film (read: able to make deals, garner screenings, talk to distributors, etc.) I work around this sort of thing happening by making it a firm policy to watermark all credit copies handed out to crew and cast, so no one has a 'screenable' copy, to act on anyone's behalf at festivals, markets and/or with distributors- In the meantime work on the film festival to get your premiere status refreshed... __________________ Shannonn Kelly, Director RHIFF ReelHeART International Film Festival (RHIFF) "The Filmmakers Film Festival" June 16-21, 2008, Toronto, Canada ------------------ January 15, 2008 WAB Extended Deadline http://www.reelheart.com http://www.myspace.com/rhiff http://www.youtube.com/ReelHeART http://www.delicious.com/ReelHeART Last edited by Shannonn K_175688 : 12-18-2007 at 09:17 PM. 12-22-2007, 07:04 AM JasonR_30743 Festival Director Join Date: Oct 2002 Location: Asia Posts: 22 Thanks for the feedback-- Thanks for the feedback, it really does help put things in perspective. Basically I would have let it slide completely (with some disappointment of course) if not for the fact that: 1) I specifically did outreach to the fest in advance to try to clarify and avoid this whole thing 2) it was a fest in my homestate where I'd hoped for a couple years to use the networking opp to pitch future projects and 3) I was just in the USA, at great effort and expense, from Asia (where I'm based) and had the fest even just INFORMED me, I could have changed my schedule to stick around for the screening. 4) I'd told actor specifically NOT to do anything other than refer folks to me so that I could pursue. Am still trying to get at least a copy of the paperwork the actor submitted, which the fest has assured me it will provide, and which is in fest's interest to cover itself. And the artwork which was made for the movie which I've never laid eyes on...would be nice to see it at least. Maybe a marketable quote attendance figures, something else which I can use to offset the experience. Anyway, when that stuff comes in, I'll duly note it here so that fest can be seen to be attempting in good faith to make up for it... ...we'll see what happens! __________________ J Rosette ~ CAMERADO Moviemaker * Producer * Director BOOKWARS ("Terrific"- LA Times") 2000 CRISIS 2005 HOLLYWOOD BLACKOUT 2006 No SEX For SUSAN HERO ("An excellent achievement" - Sydney Underground Film Festival) 2007 CamboFest: Film and Video Festival of Cambodia Cambotube!: "The YouTube of Cambodia' Cambodia 855 012 194 2702 Thailand 66 081 617 9240 HTTP://WWW.CAMERADO.COM CONTACT: camerado@camerado.com * PO Box 707 12000 Phnom Penh, CAMBODIA #12 12-31-2007, 04:40 AM NoahK_170061 Administrator Join Date: Aug 2004 Location: Venice,CA Posts: 3,304 Yup ultimately this is a problem between you and the actor- the festival is a 3rd party to a communication and relationship gone awry. I.e. the tail wagging the dog... Noah __________________ Learn 24p editing with the Panasonic DVX100 and HVX200 and Apple Color. Now featuring the HD Survival Guide. For WAB Message Board Help, Comments or Suggestions, Please Contact me at: boardadmin at withoutabox dot com #13 01-02-2008, 09:49 AM JasonR_30743 Festival Director Join Date: Oct 2002 Location: Asia Posts: 22 Well, actually-- Well, actually and technically, Noah, the festival is responsible (exhibitor must must always confirm public performance permissions) although the actor clearly aggravataed the situation, and sloppy administration probably would have let something like this occur more easily. But, based on the formal (legal) outreach I've done to date, the fest is ultimately responsible for properly vetting the films, liasing with filmmakers, etc. It doesn't help the fest's cause either that 1) they never replied to me even when I tried to PREMPTIVELY contact them, well before the event and 2) they never even emailed me directly as filmmaker, as a matter of professional courtesy. I also doesnt help the Sant Fe Fests' cause either that, to date, all our contact so far has been one sided (from me to them) in trying to straighten things out--I still haven't gotten a copy of the poster art they made, (which I havent even seen), attendance figures, a copy of the entry form the actor supposedly submitted ages ago. Nothing: sent them quite a few reminders too. While I'm at it, I should mention again that I direct a fest out here in Asia called CamboFest...and to be honest, if I had made a mistake on the same scale as Santa Fe Fest did, I would have truend around all those materials ASAP, without leaving the filmmaker to hound me for them--really, that would be adding insult to injury. And other fest directors I've talked with concur that in a situation like this, the best ay for fest to create a remedy would be to provide those items as requested by filmlmaker, as soon as possible. Noah, from what I recall you had a decent experience with them so I appreciate your weighing in, but in my view at least it's best for the sake of the forum to stay objective in determining what really happned, and who's culpable, so that folks can learn from it and try to avoid the same thing happening to them. A weird coda to all this just occurred by the way: I came across one of the festival staff on my Facebook account, I just happneed to notice the guy had the same name (Stephen Rubin). Indeed, it turned out to be the same person when I inquired. He'd signed onto my Facebook acct well before the whole unsavory festival incident took place Anyway, I say it's weird considering that one reason the fest gave for not contacting me about the screening is that they said they didn't have my email address (easily Google-able in any case). It seems to me that the guy could have at least sent me a Facebook message saying, "hey, we'll be screening your movie". Now that simple bit of outreach really would have made a big difference... (Still waiting for the materials the fest said they'd send ages ago) __________________ J Rosette ~ CAMERADO Moviemaker * Producer * Director BOOKWARS ("Terrific"- LA Times") 2000 CRISIS 2005 HOLLYWOOD BLACKOUT 2006 No SEX For SUSAN HERO ("An excellent achievement" - Sydney Underground Film Festival) 2007 CamboFest: Film and Video Festival of Cambodia Cambotube!: "The YouTube of Cambodia' Cambodia 855 012 194 2702 Thailand 66 081 617 9240 HTTP://WWW.CAMERADO.COM CONTACT: camerado@camerado.com * PO Box 707 12000 Phnom Penh, CAMBODIA Thu, 03 Jan 2008 07:23:05 -0600 [01/03/2008 07:23:05 AM CST] From: To: Subject: Headers: Noah-- Yea, I appreciate anything that could result in some more positive outcome from the incident; it was not a WAB issue though, so I can't say (either way) how WAB getting involved would work towards a constructive result. I must've drifted from my original inetntion; I haven't looked at my initial post in a while, but I thought I had been seeking perspectives from the WAB community regarding legal AND non-legal dimensions alike. I'm not focussing on any legal dimension to be honest because, as you rightly point out, damages would be hard to demonstrate. PLUS, my gut tells me it's not an incident best approached in that way since, in reality, whether I'm right or not (and I do belive I am), not everyone at the fest may feel that way. Anyway, I do feel that sharing the details of how this went down, for better or for worse, may be of interest to the community, which is why I brought it up... I would welcome and consider your judgement as moderator of the board and as a fellow filmmaker in any case, Hope all is well Jason Quoting Noah Kadner <noah@>: [Hide Quoted Text] Hi Jason- I just wanted to follow up on your trouble with SF. My objectivity's not really the issue here. Yes as a filmmaker I had my feature play there a few years ago and it was a reasonably positive experience. That said, I have no reason to stand up for any one fest over another, a dispute is a dispute period. But your original question was what legal avenues you have. I would say very little as you have no damages you can actually show. And I would say this for *any* festival that comes along on WAB, even yours. That you are understandably feeling hurt and violated doesn't translate into something I personally think is worth spending your hard-earned cash enumerating in a court of law. But that's just my opinion. You do what you want to do. In the interests of being fair, I would be happy to contact the Santa Fe Festival folks directly if you'd like and see if I can move things along with getting your stuff back. I can tell you from my own experiences I don't think you'll be likely to get much in the way of audience data, they don't have the staff for that but the other stuff is more possible to get. -Noah #14 01-03-2008, 09:23 PM ToddB_156822 Legs Join Date: Jan 2004 Location: Los Angeles Posts: 392