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The film producer
Jobs such as directing, writing and acting are all well defined in the entertainment industry. Producing on the other hand is a different story, and adding titles such as associate, executive and supervising just make it even more confusing. Richard Zanuck once stated, "The producer is like the conductor of an orchestra. Maybe he can't play every instrument, but he knows what every instrument should sound like."
In general, the producer is responsible for turning creative ideas into practical or marketable concepts. They are also the person(s) who get studios to finance projects. Because producers are essentially supervisors at whatever level they produce, there is no union or guild that governs the jurisdiction of producing like what is seen in other professions such as writing, directing or acting. There is also no special school one can attend to learn the skills of being a successful and effective producer like there is for the other professions in the entertainment industry.
In most cases, the producer is in charge of bringing the production together, bringing in the creative elements and taking care of the numerous and frequent problems that may occur with film development and production. For those that actively produce, this can mean any number of activities including but not limited to: hiring the writer to write the original screenplay, selling the script to a studio, signing the major actors, doing the budget, hiring the crew, and making sure the set gets made on time. It is very clear that a single person cannot perform all these tasks. Likewise, different people prefer to do different tasks, but all perform some facet of a producer's overall responsibility; getting the motion picture developed, mounted and sold.
In movie credits, there are a lot of titles with the word producer (or some variation) listed. They can be typed into many different categories according to the nature and extent of their responsibilities. Some of these categories are Staff Producers, Independent Producers, Executive Producers, Associate Producers and "producer hyphenates." Production companies and or organizations employ Staff producers on continual bases. Often, they are assigned to specific projects, and often specialize in specific types of films. Independent producers are responsible for the bulk of theatrically released films, and will be discussed in more detail later. An Executive Producer title is invariably the least descriptive. Generally, unless a person is directly involved in the film, you will not know exactly what task this person has performed. This title could be used to describe the person who raised every last cent to get the film made, or could be a person who made one phone call to a studio and then had nothing further to do with the project. The title could be for a person who was on the set constantly making sure the budget was kept intact, or simply for an actor who wants a little more credit for the film. Associate Producer on the other hand often refers to a person who physically produced the project, making sure everything happens according to schedule and handling all production difficulties and problems that may come about once the money is allotted. Producer hyphenates combine the role of producer with other roles such as writing and or directing. Those who take on all three tasks: writer-producer-directors, immerse themselves in the project, and almost totally control the quality of the final product (along, of course, with the studio itself).
Finding and Acquiring a Property
The producer is almost always the first person on the project, even before the writer. It is very likely that the producer does not come up with the original idea for the screenplay, but they may see a play or read a book and believe that it would make a wonderful film. The first decision of a producer (and probably the most crucial) is to get involved. Once a commitment is made, a screenwriter needs to be found. Ideally, a producer would find a ready-to-shoot script that could be taken directly to the studio, but this rarely occurs. Normally (if the screenplay is prewritten), the ideas will be there and the elements will be good, the script just needs a little work to become outstanding. In any case, the producer must obtain the rights of the material before they can proceed with making a film.
Rights are obtained by purchasing the material or by an option agreement (which provides the producer the exclusive right to purchase the material). The reason for this is that most published material is copyrighted and any use of the material without the author's consent could bring about major lawsuits. There are exceptions however, such as the works of Shakespeare or Charles Dickens. These works exist in the public domain and may be used to make a motion picture without having to acquire any rights to them. These days, at the time of publication most novels are automatically offered for production. Although this is the case, very few are actually optioned or purchased by a studio. If a producer wants to find out where the picture rights currently stand for a piece of material, they can easily have a copyright search performed. Such firms as Thompson and Thompson Copyright Research Group (located in Washington DC) specialize in such searches. Performing such a search would reveal the entire chain of title of the material in question.
If a producer is serious about optioning or purchasing the material, this type of search is crucial. Once a producer has determined what material he would like to pursue and the rights status has been ascertained, the next step is to try and option those rights. By optioning the material, the producer is gaining the right to acquire something by the subsequent payment of additional money. In most cases, a purchase agreement is negotiated at the same time as the material is optioned. At this time, numerous rights (including publication, television, videocassette, dramatic and merchandising) are discussed which all pertain to the future prospects of the material.
The producer will find out quickly that to option and purchase a script, a lot of legal matters will be involved. Option and purchase agreements are far from casual documents, and a lawyer's involvement may prove very helpful. Lawyers are obviously not cheap, but in the long run having a lawyer negotiate the contracts for you will save the producer a lot of time, confusion and frustration. An experienced entertainment lawyer will know exactly how to state things on paper and will be able to offer the producer many business guidelines to follow. To protect the film and its supporters from claims of copyright infringement that may result after the film is made, an insurance policy known as an errors and omissions policy (E and O policy) is normally drawn up by an attorney and carried by the picture. In most cases, if a claim of infringement is brought forth, it can be successfully defended without ever going to trial. The leading firm involved in reviews of such material is de Forest Research, Inc, based out of Hollywood California. Not only do they review your work, but also they have an extensive library that can prove useful to the writer during the initial scriptwriting.
For the producer, protection of their work can be provided by several different means. One way is to copyright the material the producer himself is working on. Another option is to join the Writer's Guild of America, which allows for registration of written material. Either way, the date that the material was within the control of the producer will be established and may prove crucial later if a claim is brought about. One last way to protect one's own material is to mail your material to yourself by registered mail that establishes a date that the material was controlled.
One important thing for a producer to remember when optioning material is the date in which the option expires. Because it normally takes a long time for the motion picture process to get underway, it is crucial to either have the option renewed or the option exercised. If the option expires, all rights to the material will be lost.
Because the term "producer" is so vague in the industry today, an option agreement is crucial in demonstrating the producer's drive, determination and belief in the project at hand. The most important first step is, once again, to find material that is believed in, gain a hold of the rights to that material, and start the process of development.
Working with Agents
One of the key players for a producer to be successful is the agent. In the motion picture industry there are very few pictures that have been put together without an agent being involved. Some of the major talent agencies today are International Creative Management (ICM), the William Morris Agency, TRIAD and Creative Artists Agency (CAA). Due to the close relationships they have with both studio executives and independent producers, the head of the motion picture department of these agencies are one of the greatest forces to getting pictures made today.
Agencies generally commission a maximum of 10% of their client's gross income, which they justify for work done on behalf of the client. These agencies are licensed (by the state) and are franchised by various professional guilds including the Screen Actors Guild (SAG), the Directors Guild of America (DGA) and the American Federation of Television and Radio Artists (AFTRA).
Agents are considered the middlemen between those trying to sell their material and those trying to buy it. Although they are not necessary in making any particular deal they are almost always involved. To find out who is represented by whom in the business, SAG offers a service that will furnish the names and telephone numbers of agents of its members. This service can prove very useful to a producer because much of the time an actor will only be able to be reached through their representative agent.
For any producer attempting to get their project off the ground, the enthusiasm of an agent can be of great assistance. If the agent feels good about the project they are more apt to suggest it to their clients. The problem is, sometimes just getting an agent to listen to you is difficult. For the new producer or someone whose name is unknown in the industry, an agent may not even take the time to answer your phone call. The key to this problem is persistence.
Agents are very busy people and do not have the time to listen to everyone, but if you keep pursuing them they may eventually listen. Because agencies are made up of many individuals, it is best for a producer to establish relationships with at least one agent from every agency they can. That way, there is more than one outlet that a producer has to choose from when trying to make a film. It is not necessary for a producer to have an agent of their own to make a film, but agents are needed to gain access to individuals that the producers need to make the film.
Studio Involvement
Packaging means the combining of two or more elements, such as a writer, actor, or director into a single project, which is then presented to prospective financiers. When a package is brought in front of a prospective financier, it has a better chance of approval. This is because when a buyer is offered a script along with an actor and a director they can more easily make an intelligent decision on the creative and financial aspects of the film. A package deal can relieve some of the stress that stems from unknown aspects of the project.
Motion picture studios are the principal source today for obtaining the funds needed by a producer to produce and distribute their films. Unfortunately for a new producer finding backing by a motion picture studio is very difficult. In the past few years there has been a great deal of films that have been made independently, and this is due in great part to the fact that a producer had the inability to sell their project to a studio. Some of the major studios today are Warner Brothers, Fox, MGM, Paramount, and DreamWorks.
There are also many so-called "mini-majors" which are companies that finance films but then distribute those films through other companies. Examples of these mini-majors are Castle Rock and Interscope.
There is a tall ladder that must be climbed in order for a producer to gain financial backing from a studio. The first step is the reader. Production executives normally give the material they receive to readers to look over and make comments on. The reader gives a synopsis of the script, describing the plot and the characters in brief detail. The reader also will state their opinion on whether they think the script will make a worthwhile movie or not. If the reader gives the script a negative report, there is a good chance that the script will be rejected and will not even be seen by anyone else. Above the reader on the ladder is the story editor. The editor generally supervises the readers and gives some suggestions on scripts and writers. The editor is considered a great and valuable ally for the producer because production executives will normally listen to the editor's suggestions. The next step up on the ladder is the production executives and or vice presidents. These positions are generally to draw in "good" material to the studios and to supervise it while it is being developed and while it is in production and postproduction. For a producer to deal with someone that will actually be receptive to their ideas, they would generally start at the production executive level. The senior production executive is considered the head of production. They decide upon which projects are to be produced and when, so that the studio will have pictures on the market all year round.
Unfortunately for a producer, once the script is given to the studio and it begins the process of hierarchy, there is no way of knowing what is to come of it. Even when it seems as if everything is going as planned, determining a development deal and a commitment for the picture may become a detriment of which the producer has little if any control. There have been many cases where a script was well accepted and then management was changed, other projects interfered or financial shortcomings occurred and the script subsequently foundered. By the time the producer hears a response from the studio a script that was a go at first may be filed away in the end, and the reason is never fully explained. Screenwriter William Goldman writes a perfect example of this in his book "Which Lie did I tell." William talks about an occasion in which he had written a screenplay for Universal studios, which the producer loved. The producer then presented it to the powers that be where it was rejected. The producer later left Universal and wanted to buy the screenplay from them and they refused to sell it. So much occurs behind closed doors that result in movie rejections. In this case both Goldman (the writer) and that particular producer felt they had a script that would make a good movie, but for one reason or another the studio denies the proposal and the script becomes just another file in the cabinet.