May 14, 2008

David Poland on the Trouble with Trouble

It's worth noting a piece written tonight by David Poland on his new Hot Button blog about our writing here on the travails of THINKFilm (as well as Nikki Finke's writing on the financial state of Capitol Films and the Weinstein Co.).  While Nikki gets the brunt of David's ire (no surprise there), he offers a caution for us, as well:

"There are two stories on the web today that may be 100% true… but also concern me deeply. It’s not about pulling back the curtain. That’s the job. But there is a kind of malignancy in the idea that what has always been gossip is now being published by bloggers as “news”… and then, followed up on, even without any real confirmations of anything nefarious, as a way of self-glorifying… even getting down to the “send me your complaints about people who pay you late so I can humiliate them too!” gamesmanship. But who can blame Ms Finke for her gutter urges. They have gotten her so much attention so far!

When AJ Schnack sends out a blog entry as "BREAKING," when it is, in fact, neither breaking or news, you have to wonder. Again… the unnamed sources who are trying to get paid – and there has been quiet talk that Think paid Alex Gibney off almost completely after he ran a threat through Stu Van Airsdale at Defamer –  may be telling the story 100% straight.  Or they may not. 

The reason there are rules in journalism on sourcing is not because some crazy ass sources are not sometimes right… but because once someone is smeared in the press, it is hard to take it back.

Capitol and Think may be going under. They may not. But the feeding frenzy around their troubles tends to make a lot of assumptions… some of which may be true and others which may not be."

I responded to Poland's post on his site, but the gist of it is this:

I think it would be a huge blow if THINKFilm were to bow out of the indie film world and particularly a blow to the potential of nonfiction theatrical distribution (even if the company is not as interested in docs as they were a year and a half ago).  However, no one is served (particularly filmmakers and vendors who have working relationships with THINK) to pretend that a situation is rosy (or benign) if it is becoming malignant. 

There are always rumors and people are always slow in getting paid.  Sometimes it feels like the whole indie film world is one paycheck away from boarding up the windows.  I've had the personal experience of losing tens of thousands of dollars when a distribution company went bankrupt without notice.  It was certainly not pleasant (in fact, it's a burden that continues to this day) but I don't think I've ever mentioned it here.

It's been a rough couple of weeks.  I've written two pieces - this morning's story about THINK and one about the shuttering of Discovery Films - which had not been reported elsewhere.  In both cases, I sought and received confirmation from someone who didn't have a rooting interest in the outcome before printing the stories.  If there are mistakes - or if someone has a different take - I hope you'll contribute to the discussion.

It should be noted that Variety has now gone to press with a new story that backs up my post from Wednesday morning.

BREAKING: THINKFilm's Financial Troubles Date Back to Last Fall, A Flood of Lawsuits Coming

What is Mark Urman doing in Cannes when the company has no money to pay anyone?

That was the rhetorical question raised to me by one person who is owed tens of thousands of dollars by THINKFilm, debts that date back to last fall.  This contradicts an earlier Variety report that suggested THINK was recently caught off guard by a money shortage related to reported difficulties at sister company Capitol Films.

This person is set to serve THINKFilm with papers in the coming days, one of many expected lawsuits that will attempt to force the indie distributor to pay off some of its creditors, who range from filmmakers to vendors to consultants.  Another indie film insider told me that they knew of at least three films that are owed money by THINK and that two of those films are preparing for legal action while the third is in arbitration.

This confirms what I was told last month by a filmmaker, who said that their lawyer was preparing to force THINK into bankruptcy in an attempt to collect monies that were owed.

One indie film veteran told me this morning that they were given a shifting series of excuses for months, somewhat recently told that the decision to shift operations from Toronto was to blame for the lack of payments.  These excuses came to a halt recently when they were told by Mark Urman that they should not expect to see any payments.

When I asked if, in the face of a flood of pending lawsuits, they could see any way out of the situation for THINKFilm, the indie vet flatly told me, "No."

Update: Variety has posted a new story that backs up this post and quotes CapCo head David Bergstein.

Previously: Big Trouble in Indie Land - Is THINKFilm on the Ropes?

Big Trouble in Indie Land: Is THINKFilm on the Ropes?

Lots of buzzing about the uncertain financial state of indie film distributor THINKFilm.  In the wake of a number of stories chronicling the troubles facing Capitol Films (you may have read about them having to shut down production on the Jake Gyllenhaal film NAILED due to lack of money), the spotlight has now been focused on Capitol's sister company THINKFilm, both owned by parent CapCo, headed by David Bergstein.

On Monday, Variety reported that THINK's own financial difficulties may not be new:

"American distrib THINKFilm is known to owe substantial amounts to media outlets, among others. The company was going to announce the acquisition from Senator Entertainment of WHITE MALE HEART this week, but then canceled its press meetings.

Further problems emerged last week when THINKFilm execs suddenly discovered there was no money for Friday newspaper ads for Helen Hunt’s much-hyped Toronto pickup THEN SHE FOUND ME."

Stu at Defamer notes a separate Variety article that says Oscar winner Alex Gibney threatened to take THINK into bankruptcy "after the company failed to pay him his fees" on TAXI TO THE DARK SIDE.

Over a month ago, a filmmaker (and THINK alum) told me that their (extremely well known indie film) lawyer was about to sue THINK for payments, not just on their documentary film but on a slate of THINK titles and filmmakers that were owed money.

Tuesday night, another filmmaker told me that the company is behind on paying many of their filmmakers and have concealed their financial situation from filmmakers and vendors.  They said that some are owed money in the six figures range.

THINK cut back on its documentary acquisitions this year after loading up in 2007 on a number of titles that underperformed at the box office.  However, they have two high profile releases planned for summer - Werner Herzog's ENCOUNTERS AT THE END OF THE WORLD and Marina Zenovich's ROMAN POLANSKI: WANTED AND DESIRED, which the company is to release immediately after it's premiere on HBO.

The news about THINK comes after a week of tumultuous developments in the nonfiction and indie film worlds, including the shuttering of Picturehouse, Warner Independent and Discovery Films and the purchase of the Sundance Channel by Cablevision (parent of Sundance competitor IFC TV).

May 12, 2008

Strong Debut for SURFWISE, Expansion for YOUNG@HEART

Doug Pray's SURFWISE, the eye-opening portrait of the unorthadox Paskowitz surfing family, had a stellar opening at the IFC Center over the weekend, taking in more than $10K - enough to land at or very near the top of indieWIRE's iW:BOT when it is published tomorrow.  SURFWISE is the last major spring release before the onslaught of summer blockbuster titles, capping a season filled with unexpected successes and a few very high-profile disappointments.

The next major doc release comes next month, when THINK rolls out Werner Herzog's ENCOUNTERS AT THE END OF THE WORLD (from the rumored-to-be-defunct Discovery Films).  Lionsgate has announced that they are postponing the release of the Larry Charles/Bill Maher nonfiction RELIGULOUS from June to October 3, ostensibly because they want the springboard of a major fall festival (a possible Telluride/Toronto two-fer) although word is that the film wouldn't have been ready for its June release, effectively forcing the move (and putting at least one major summer festival in a bind).

Meanwhile, Fox Searchlight continues to find success with its gradual expansion of YOUNG@HEART.  Now in 145 theaters, the film is averaging just over $2,500 per screen and now looks assured of reaching 2 million.  And although EXPELLED is clearly slowing down and shedding screens, it still looks like it could pass U23D before the end of both films' run.

Here's the 2008 Nonfiction Box Office through Sunday:

1.    U23D (National Geographic)                                           $  7,867,852

2.    EXPELLED: NO INTELLIGENCE ALLOWED (Rocky)    $  7,235,324

3.    SHINE A LIGHT (Paramount Vantage)                           $  5,031,562

4.    YOUNG@HEART (Fox Searchlight)                               $  1,444,646

5.    VINCE VAUGHN'S WILD WEST... (Picturehouse)           $    603,894

6.    UP THE YANGTZE (Zeitgeist/Kino)                             ~ $    535,800

7.    WHERE IN THE WORLD IS OSAMA... (Weinstein)         $    322,710

8.    TAXI TO THE DARK SIDE (THINKFilm)                         $    270,888

9.    STEEP (SPC)                                                              $    260,586

10.  PLANET B-BOY (Elephant Eye)                                     $    260,391

12.  THE SINGING REVOLUTION (Abramorama)                   $    170,396

11.  CHICAGO 10 (Roadside Attractions)                               $    170,198

12.  GIRLS ROCK! (Shadow)                                                $    125,377

13.  THE FIRST SATURDAY IN MAY (Truly Indie)                 $    114,909

13.  BRA BOYS (Slowhand)                                                  $    113,730

14.  STANDARD OPERATING PROCEDURE (SPC)               $     96,234

15.  BLINDSIGHT (Abramorama)                                           $     81,576

BREAKING: Word Circulates that Discovery Films is No More

With two major films due in the coming months - Werner Herzog's ENCOUNTERS AT THE END OF THE WORLD, which THINKFilm is to release, and James Marsh's acclaimed Sundance winner MAN ON WIRE due from Magnolia - word is spreading that Discovery Films may be about to close and in fact may have already ceased most operations.  It appears that Executive Producer Andrea Meditch has already exited the company.

In conversations last week and over the weekend, four separate people told me that the closure of the Discovery Films unit will be announced shortly. 

Focused on theatrical, high profile documentary projects, Discovery Films had previously produced Herzog's GRIZZLY MAN and was involved with IN THE SHADOW OF THE MOON.  There are extremely high hopes for the theatrical potential of MAN ON WIRE, considered by many to be one of the top nonfiction films of the year.

In a February piece in the Hollywood Reporter about the theatrical aspirations of cable networks (Discovery Films was a unit of the Discovery TV networks), it was reported that Discovery planned to be involved in 2-4 films per year.

There had already been considerable speculation about Discovery's ongoing sponsorship of the AFI Silverdocs film festival, with word circulation that Discovery would scale back its participation in the festival.

The news about Discovery Films comes on the heels of a tumultuous week in indie film - the shuttering of both Picturehouse and Warner Independent as well as Cablevision's apparent purchase of Sundance Channel.  All of the developments have to potential to have a major effect on nonfiction filmmaking.

May 08, 2008

Big Industry Changes: Picturehouse, Warner Indie Folds; Rainbow Media Buys Sundance Channel

Just arrived in New York City - for those of you who haven't seen the huge breaking news of the past 48 hours: Warner Bros. (as has been rumored for weeks) has shuttered both Picturehouse (which released THE KING OF KONG) and Warner Indie (which made a huge hit and Oscar winner out of MARCH OF THE PENGUINS).  Eric Kohn at indieWIRE has a full report.

Meanwhile, Cablevision's Rainbow Media, which owns the IFC TV network, has apparently bought the Sundance Channel, which is a big development for nonfiction filmmakers, since Sundance is perhaps the biggest TV outlet for documentary film and there is speculation as to whether Sundance might ultimately be folded into IFC.  Much more on this in the days to come....

May 07, 2008

YOUNG@HEART Becomes 4th Doc of 2008 to Reach 1 Million

Stephen Walker's YOUNG@HEART, the first nonfiction film to be released by Fox Searchlight in over a decade, a film picked up out of competition at the 2007 Los Angeles Film Festival and a film that has already aired on British television, is set to become the 4th documentary of 2008 to reach 1 million dollars at the box office.

Looking at the first four months of the year, you'd have to go back to 2003 - the breakthrough year for documentary film when both WINGED MIGRATION and SPELLBOUND broke big - to find a year that has had the kind of success that 2008 has had to date.  In 2007, widely regarded as a depressed year theatrically, only 3 films released all year reached 1 million.

And if you gaze into the crystal ball, you'd have to believe that Larry Charles' RELIGULOUS - set for release this summer - and possibly AMERICAN TEEN and MAN ON WIRE have the potential to be large scale successes.

That doesn't mean that everything has gone according to plan.  Errol Morris' STANDARD OPERATING PROCEDURE looks like it will have difficulty beyond the top 20 markets and Morgan Spurlock's WHERE IN THE WORLD IS OSAMA BIN LADEN? seems to have already run its course, far short of $500,000.

But a few smaller releases are quietly having solid, successful runs, including UP THE YANGTZE, which topped indieWIRE's iW:Bot last week and remained in the top 5 this weekend, and James Tusty and Maureen Castle Tusty's THE SINGING REVOLUTION, which averaged more than $4,400 per theater, even after weeks of screenings.

Here's the 2008 Nonfiction Box Office through Sunday:

1.    U23D (National Geographic)                       $  7,676,027

2.    EXPELLED: NO INTELLIGENCE (Rocky)  $  6,680,168

3.    SHINE A LIGHT (Paramount Vantage)       $  4,870,248

4.    YOUNG@HEART (Fox Searchlight)           $     952,767

5.    VINCE VAUGHN'S WILD... (Picturehouse) $    603,894

6.    UP THE YANGTZE (Zeitgeist/Kino)         ~ $    520,800

7.    WHERE IN THE WORLD IS... (Weinstein)  $    309,720

8.    TAXI TO THE DARK SIDE (THINKFilm)    $     261,127

9.    STEEP (Sony Pictures Classics)              $     260,586

10.  PLANET B-BOY (Elephant Eye)                $    246,161

11.  CHICAGO 10 (Roadside Attractions)          $    166,627

12.  SINGING REVOLUTION (Abramorama)      $    150,428

12.  GIRLS ROCK! (Shadow)                            $    113,853

13.  FIRST SATURDAY IN MAY (Truly Indie)     $    112,006

13.  BRA BOYS (Slowhand)                              $    103,759

14.  PRAYING WITH LIOR (First Run)               $      72,282

15.  BLINDSIGHT (Abramorama)                       $      70,252

May 03, 2008

Dentler Sets Sail & The Chronicle Breaks a Bottle of Champagne Across His Bow

Via Eugene, a send-off from the Austin Chronicle as Matt Dentler officially hangs up his badge:

"He likes to say he came of age alongside SXSW Film (when he moves to New York in June for the Cinetic job, he'll still be well shy of 30). When Dentler took the reins, SXSW Film was considered something of an afterthought in the crowded festival landscape – larky and "Austin weird." Dentler made sure to retain those elements that drew people in the first place but to also hustle hard – what he calls 'getting the vote out.'

'I [would go] door to door with all the distributors, all the agents, all the press, all these people, and just be like: 'Hey! Please pay attention to us.''"

The article goes on to credit Matt with the mumblecore phenomenon and the career of Eli Roth, which some might think are fairly dubious distinctions.

So let me add the third:  Matt played the major role in making SXSW one of the most important festivals for documentary film in the world.

As I noted in my film festival survey in February:

"One could watch the doc lineups from Sundance and SXSW and get a pretty comprehensive idea of what's happening in the world of nonfiction filmmaking.  But whereas Sundance may weigh more heavily on the side of serious topics, SXSW lets its hair down with what is probably the most diverse line-up of all the major full spectrum festivals."

With Janet Pierson taking the reins now in Austin, the festival is in good hands, as is it's nonfiction future.  But it's worth taking a moment to man the rails for Dentler as he sets sail for NYC and our collective digital future.



Why I Love Karina Longworth - Reason #42

She's a fucking great writer:

"The ultimate male power one-man-show, IRON MAN is less successful as political allegory than as sexual fantasia. Its most exhilarating moments are essentially pornographic: gadget porn, war porn, rehab porn (you don’t have to see the thing to know that the spiritual rehabilitation for the protagonist is supported subtextually by the actual rehabilitation of the actor who plays him), and porn porn. Each incarnation of Tony Stark’s super suit is sexier than the last, with the final model’s lovingly CGIed streamlined curves simultaneously suggesting hardness and touchability. Better still are the countless close-ups of Robert Downey Jr inside this metal womb, his face fixed in concentrated ecstasy as his hands ejaculate fire. Oh, whoops–spoiler alert."

Isn't It Time for DA Pennebaker to Finally Come Clean?

Once upon a time, we used to talk politics here on a far more regular basis.  But in the midst of the bitter, mostly ridiculous back and forth between Hillary "Beer and a Shot" Clinton and Barack Obama, we've pretty much stayed out of it.

Imagine our surprise today, however, when all of the political tongues were wagging over a piece of YouTube video, culled from DA Pennebaker & Chris Hegedus' Oscar nominated THE WAR ROOM that purported to show then-and-now Clinton adviser Mickey Kantor calling the people of Indiana "shit" and "white niggers". 

Purported because the "subtitles" at the bottom of the screen told the viewer that Kantor had used the offensive language to describe a state that is soon to go to the polls (and fairly essential to HRC's continued argument of viability). 

Except - at least to this viewer - it seemed pretty obvious on first viewing that at least the "white niggers" comment was an incorrect subtitle - either a mistake or a fabrication. 

Now, true or not, you may be asking yourself why in the world would anyone care what Kantor - one of a hundred advisors to Hillary Clinton - might have said more than 15 years ago?  Why indeed.

But this didn't stop nearly every political site from Drudge to ABC News to Huffington Post from jumping on this shocking non-controversy and posting the clip from THE WAR ROOM with many bloggers insisting that they were attempting to get an audio expert aboard to more closely examine what Kantor said (nevermind that you could have asked a halfway decent lip-reader and realized that he never says the word "nigger", which - take a look in the mirror - requires a pretty specific mouth movement).

Begged Joe Aravosis at the liberal Americablog:

"I'm asking some other audio experts to do their own enhancing - anyone out there a super-duper audio expert? If so, please email me."

A reader at Talking Points Memo, took the matter into his own hands:

"I spent a little time this afternoon capturing the audio source from the War Room from the longer clip available on YouTube, the clip that Politico linked to this morning.  I captured the audio in digital audio editing software, amplified it, then ran noise reduction to lower the background hiss.  That's all I did.  No adding or enhancing sounds, just working to make the existing sound louder and clearer."

Meanwhile, the aforementioned Ben Smith at Politico, who did as much or more than anyone in pushing the Kantor kerfuffle by dedicating a breathtaking four separate posts (complete with updates - here, here, here and here), got the scoop from the great man himself:

"I just spoke to DA Pennebaker, the director of THE WAR ROOM, who said his film had been doctored to produce a widely-viewed YouTube clip...

'(Kantor) does not say that. He does not say that,' said Pennebaker, after viewing the clip.

He said the initial expletive referred to the anticipated reaction in the Bush White House to the fact that Ross Perot's polling numbers were holding strong.

'What he says is he’s surprised Perot’s numbers are holding,' said Pennebaker in a brief phone interview. "He says they must be shitting in the White House."

The second expletive, he said, appeared to have been entirely fabricated, with new audio dubbed onto the original movie.

Pennebaker appeared surprised and amused by the video."

Surprised and amused.  How dare he.  Does he not know that this is "the most important issue of the day?!?!!?"  At least a few of the readers posting at Politico would have none of Pennebaker's excuses.  Behold now as a number of great internet geniuses call DA on his shit:

"No way. I have obsessed over this thing for several minutes now. Kantor and Pennebaker are full of it. The audio is muffled but clear. In fact, Pennebaker's excuse makes no sense. Kantor said it."

"Can somebody please make a run to Blockbuster to verify the language"

"I can't believe, really, that you'd call that audio "inconclusive." Maybe you had your speakers on a really low volume or something. Now the director is probably trying to spare the Clinton campaign the trouble, I dunno, but it's pretty evident what Kantor said."

"SPIN PENNEBAKER, SPIN. I have never read a more tortured explanation than this brown-nose, a## kissing gofer has come up with."

"If people believe what Pennebake and Kantor is saying then I have some great property to sell you on Mars."

"OMFG, yes, I am suppose to believe Pennebaker! BWHAHAHA, Yes, typical Clinton brush off, 'he was amused'"

"I guess we will have to wait for Pennebaker to post the original unedited footage."

"You can tell this is potentially harmful when Clinton supporters, including Pennebaker, make elaborate excuse. He says 'they must be sh''ing in the White House'??? Ah, no. That's not what he said at all. It was clear. The audiophiles will determine if the rest was dubbed."

"Well, If that is the case; Why doesn't the director post proof on you tube ? With all those mikes and cameras filming. We can solve this mystery....Show us another angle of audio of the scene. Every movie has several takes.."

"Nice try, Mr. Pennebaker!! Why does it have to be Obama's Team, could of been the Republicans. Let's see if Mr. Pennebaker goes on Cable TV and straigten this out, or if Cable TV will mention this, I doubt it."

"So I guess that the self serving denials of Kantor himself the documentary's director (who is a Clinton lackey) prove that our ears are lying to us."

"Sorry, Pennebaker, but I've seen the film and the the YT clip, and Kantor clearly says this. In fact, it's probably YOU who have doctored the scene in your little mockumentary."

"If the original movie and the youtube tape are the same and Pennebaker says that the tape is doctored does that mean that Pennebaker doctored the tape?"

"Let's see here...Pennebaker is on board with the Clinton group and since he says it's been doctored that should be the end of the story? RIGHT and let's sell some bridges to the American people.......we are suppose to just believe the Clintons group? Are you friggin nuts?"

"i am also highly skeptical of pennebaker's statement that this was doctored....as i just read that he is working on a sequel to the "war room" to catch up with what carville, stephanopoulos, & co. are doing all these years. not saying he's lying, but you gotta admit, since he's basically depending on these guys to be on board for his next documentary, he would have a very definite financial incentive to stand behind them. just saying....i'd rather have a team of unbiased experts take a look at this video, and not rely on the statements of some director who is obviously friendly with the clinton camp."

I too am highly skeptical of this "Pennebaker" fellow - if that is his real name.  Who is he anyway?  Some kid who just started posting stuff on Current?  Good thing he somehow hitched his star to James Carville, cause that's where the serious documentary money is.

But I digress.  In addition to the joys of revisiting one of the great documentaries of the 1990s, seeing clips from THE WAR ROOM always startle me because it reminds just how young and completely in the tank George Stephanopoulos was for Bill Clinton. 

And that in and of itself reminds that the oft-declared high-mindedness of journalists - which was on display last weekend in the NY Times tsk-tsking of Errol Morris for paying some of his subjects - is so much bunk.

Which brings us to tonight's Anderson Cooper 360, wherein the former host of The Mole, informed:

"We don't know who released this tape...and frankly we debated even airing this story tonight, but we think it's important that you know the facts.  This thing is all over the internet.  And the facts really about not just this video but how dirty tricks, those smear campaigns, ugly and slanderous, are part of the political season, and how truths are twisted into lies."

See, CNN agrees.  It doesn't matter where the thing came from, what the person's motivation might have been (although fearless Ben Smith just emailed the guy through his YouTube account - funny how that works), the fact is that "this thing is all over the internet". 

Hey, ABC's Charlie Gibson already is on the record agreeing with this standard when he asked Barack Obama about not wearing a flag pin because "it is all over the internet". 

Yes, these are the journalistic standards that we filmmakers are supposed to be looking to for guidance.  No thanks.

But since it's out there, literally "all over the internet", we feel obliged to call out Pennebaker and his obvious shilling for the Clintons.  DA, don't you think it's time that you came clean?

Nonfiction Headlines

AJ Schnack links

Sponsors

  • indiepix.net
  • Denver Film Society

May 2008

Sun Mon Tue Wed Thu Fri Sat
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
Blog powered by TypePad
Member since 06/2005