IFH 374: Predatory Film Distributors - The Bankrupt Reboot Scam

IFH 374: Predatory Film Distributors - The Bankrupt Reboot Scam

I've spoken about predatory film distributors before on the show (The Dark Underbelly of Predatory Film Distributors – BEWARE!) but I just discovered how some of these scumbags have figured out how to absolutely screw over filmmakers using a legal loophole. It's called the Bankrupt Reboot Distribution Scam.

Here's how they do it. A predatory film distributor will prey on desperate indie filmmakers and will try to obtain the rights to as many low budget indie films as they can, usually for no money upfront in a short period of time. Let's say 1-2 years, if not faster. During that time they sell-off the rights in one big transaction to a bunch of different platforms, outlets, streaming, foreign agents, etc.

Now here's the rub, rather than actually paying filmmakers what they are owed, the distributor files for bankruptcy protection, which is extremely easy to do in the United States. So you must be asking

"If the distributor goes bankrupt, what happened to the rights of all those films?"

Glad you asked. These bottom dwellers go to the bankruptcy court hearing and then buy back all the rights to the catalog of films from their own bankrupt company. The court has no other choice because that is how the bankruptcy law is written and there's no one else there to buy these assets.

These bastards then form a new company and assign the newly purchased film catalog to themselves through that company. Now they are no longer legally obligated to pay the filmmakers (or anyone else they owe money to). So they own the film you killed yourself to make for pennies on the dollars and they never have to pay you a thing.

This is made possible because of the original contract the filmmaker signed, which has a clause absolving them of that in the event of bankruptcy. Then to add insult to injury when the rights they originally sold off expire, they re-sell them again.

These predators run this scam over and over and over with new companies formed each time. This is an extremely profitable business model. It's not ethical but it is legal.

In this episode, I breakdown a case study of how one of these predatory film distributors pulled this off and I also go over how you can protect yourself. Make sure you take some notes because this episode is a doozy!

Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

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IFH 619: Adventures in Producing James Cameron Films with Chris Debiec

IFH 619: Adventures in Producing James Cameron Films with Chris Debiec

Christopher Debiec is an award-winning writer/producer/executive with an impressive thirty-three-year track record in all aspects of the entertainment industry.Chris began his film and television career in Orlando, Florida working on a wide variety of commercials, music videos, television programs and feature films. Some of his credits include Sylvester Stallone’s Oscar and The Crow for Miramax. In 1995 Chris relocated to Los Angeles to work on the film The Devil’s Advocate, followed by Mad City for Warner Brothers, The Out of Towners for Paramount Studios, and the ground breaking “first of its kind” live-action animation Dinosaur for Walt Disney Studios.In November of 2000, Chris spent six months in war torn, poverty-stricken Cambodia, as the Production Supervisor on Matt Dillon’s directorial film debut City of Ghosts for MGM/UA.From 2000-2005, Chris was called on by Academy Award-winning writer/director/producer, James Cameron to supervise production for Earthship Productions. The company produced the two-hour LIVE broadcast event entitled Last Mysteries of Titanic, the groundbreaking documentary Expedition: Bismarck for The Discovery Channel, as well as the 3D/HD IMAX films Aliens of the Deep & Ghosts of the Abyss for Walt Disney Pictures. Earthship was nominated for six Emmys winning one for their production of Expedition: Bismarck.In 2010, Chris was recruited as Vice President of Production at Entertainment One Television (eOne). He spearheaded the alternative programming division for cable and network distributors such as Syfy, CW, WETV, BET, MTV, A&E, Discovery Channel, Oxygen and Fox Sports just to name a few. Chris was responsible for the successful development and execution of all pre-production, production, post production and delivery of all eOne projects.In 2017, Chris was contracted to create and Executive Produce a 2-hour documentary for NBC Sports and the United States Olympic Committee entitled - Scouting Camp: The Next Olympic Hopeful. With rave reviews and multiple award nominations, soon after Chris went back with the Cameron family - this time as Chief Content Officer for a start-up Tech/ 3-D Entertainment company called Human Health Organization owned by brothers John and James Cameron.In 2019, Chris was the Production Executive for Leyline/A24’s The Green Knight, a feature film which shot on location in Ireland for 5 months in 2019. Directed by David Lowery starring Dev Patel, Alicia Vikander, Joel Egerton, Sean Harris, Kate Dickie and Ralph Enison.In 2020, the world turned upside down by the pandemic causing the Cameron family to pivot the Human Health Organization into a Covid-19 PPE and testing company. Chris, as COO, oversaw all testing and PPE protocols since May of 2020. HHO has tested over 1500 productions including A-list actors, Film and TV Studios and streaming companies.Currently, as CEO of newly formed Civilized Entertainment, Chris has built an award-winning studio focusing on the development and production of content directly related to Science, Technology, Environment, Art, Space, Expedition, Exploration, Medical and Historical Events.Enjoy my conversation with Chris Debiec.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

27 Sep 20221h 40min

BONUS EPISODE: A Filmmaking and Screenwriting Masterclass with Oscar® Nominee John Sayles

BONUS EPISODE: A Filmmaking and Screenwriting Masterclass with Oscar® Nominee John Sayles

Today on the show we have legendary independent filmmaker and Oscar® nominated screenwriter John Sayles.John Sayles is one of America's best known independent filmmakers, receiving critical acclaim for films including Eight Men Out (1988), Lone Star (1996) and Men with Guns (1997). He's also written screenplays for mainstream films such as Passion Fish (1992), Limbo (1999), The Spiderwick Chronicles (2008) and did a draft of Jurassic Park (1993) for Steven Spielberg. John has been named by American critic Roger Ebert as"one of the few genuinely independent American filmmakers",which John modestly denies![presto_player id=46221]John has directed over 20 films and written well over 100 screenplays throughout his career. Two of his early films, The Return of the Seacaucus Seven (1978) and Baby Its You (1982), were selected by the United States National Film Registry for preservation in 2012. John was born outside Scranton, Pennsylvania and graduated from Williams College.John is a talented screenwriter as well as director; he made his first professional short film TSR: Thirty Seconds Over Reims (1971) after winning a talent competition with a script for the film. John's work often touches on social issues – including unemployment, inner-city violence and war – which John believes make excellent material for stories due to complex personal relationships involved with these topics.John Sayles is an example of someone who supports the independent film movement. John's films Lone Star (1996) and Matewan (1987) were both nominated for the Academy Award for Best Picture and John himself has been nominated twice for the Academy Award for Best Original Screenplay.John and I had an amazing conversation that was full of knowledge bombs. It was truly like being in a filmmaking and screenwriting masterclass, hence the title of the episode.Sit back, relax and get ready to take some notes. Enjoy my epic conversation with John Sayles.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

26 Sep 20221h 33min

IFH 618: How I Adapted a Best Selling Novel and Made My Film with Aitch Alberto

IFH 618: How I Adapted a Best Selling Novel and Made My Film with Aitch Alberto

Aitch Alberto is a writer/director born and raised in Miami, Florida. She is a Sundance Episodic Lab fellow, recipient of a Skowhegan Artist Residency, a Yaddo fellowship, a Latino Screenwriting Project Fellowship, and an alumnus of the Outfest Screenwriting Lab. Aitch has written on DUSTER, a 1970s-set crime drama series from J.J. Abrams and LaToya Morgan for HBO Max and WBTV.She also served as a writer on AppleTV+’s BAFTA and Film Independent Nominated anthology series LITTLE AMERICA from Alan Yang, Kumail Nanjiani, and Emily V. Gordon. Most recently, Aitch has adapted and directed the award-winning young adult novel ARISTOTLE AND DANTE DISCOVER THE SECRETS OF THE UNIVERSE with Lin-Manuel Miranda and Eugenio Debrez producing, from Limelight.Aristotle and Dante Discover the Secrets of the Universe is a 2022 coming-of-age romantic film that is an adaptation of the 2012 novel of the same name by Benjamin Alire Sáenz. Aristotle and Dante had it premiere at the 47th Toronto Film Festival on September 9, 2022.She has been included on The Black List's inaugural Latinx List, as well as the Tracking Board's Hit List and Young & Hungry List, and NALIP's list of "Latinx Directors You Should Know". Aitch has most recently been featured on Variety’s 10 Directors To Watch for 2022 and Indiewire’s 22 Rising Female Filmmakers to watch in 2022.Enjoy my conversation with Aitch Alberto.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

22 Sep 202257min

IFH 617: The Story of the Most INSANE Film Ever Released! with Sacha Gervasi

IFH 617: The Story of the Most INSANE Film Ever Released! with Sacha Gervasi

This is one of the most insane stories I've ever had on the show, and I have a small part in making it happen. In 2008, Sacha Gervasi made his documentary directorial debut and executive produced Anvil! The Story of Anvil. Anvil! The Story of Anvil is a 2008 Canadian rockumentary film about the Canadian heavy metal band Anvil. The film is directed by screenwriter Sacha Gervasi, in his directorial debut, and features interviews with other musicians who have been influenced by the band, including Slash, Tom Araya, Lemmy, Scott Ian, and Lars Ulrich.The amazing documentary premiered at the 2008 Sundance Film Festival about a heavy metal band that never gave up on their dreams of being a successful band. Anvil was established in 1978 and became one of the most influential yet commercially unsuccessful acts with thirteen albums. The documentary ranks at 98% on Rotten Tomatoes.I was invite to a screening at Sacha's house to watch Anvil in 35mm. After the film I told Sacha you should rerelease it to the world because the planet needs this film right now. Well he did just that and man did he ever.Anvil! The Story of Anvil! LA Premiere & Live Anvil show hosted by Steve-O!The World premiere of the new Anvil! The Story of Anvil! film restoration in LA at The Saban on September 22nd followed by a LIVE performance from ANVIL with special guests and host Steve-O!For FREE Tickets click here and send a video testimonial on how IFH or BPS has changed your filmmaking journey: support@indiefilmhustle.comEnjoy my entertaining conversation with Sacha Gervasi.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

20 Sep 20221h 24min

BONUS EPISODE: Making El Mariachi and Troublemaker Studios with Elizabeth Avellán

BONUS EPISODE: Making El Mariachi and Troublemaker Studios with Elizabeth Avellán

Get ready to have you mind blown. If you ever wanted to know the TRUE STORY on how the mythical El Mariachi, written and directed by Robert Rodriguez, then this is the conversation you want to listen to.Today on the show we have producer Elizabeth Avellán. Elizabeth Avellan was born in Caracas, Venezuela, where her grandfather, Gonzalo Veloz, pioneered commercial television. At thirteen, she moved to Houston with her family and later graduated from Rice University, where she had her first behind-the-scenes experience working as stage manager and prop master for several student productions.She moved to Austin in 1986 to work in the Office of the Executive Vice-President and Provost of the University of Texas, continuing her studies in film production, art, and architecture. There she meet Robert Rodriguez - cult filmmaker and her husband to be.Avellan worked as an animator on Rodriguez's award-winning 16mm film, Bedhead, which aired on PBS after gathering acclaim on the festival circuit. She and Robert co-founded Los Hooligans Productions when the two began work on El Mariachi (1992) in 1991. Since then, Avellan has co-produced Robert Rodriguez's From Dusk Till Dawn (1996), Desperado (1995), The Faculty (1998), and upcoming Spy Kids (2001).Besides she developed several scripts and produced with Pamela Cederquist and Rana Joy Glickman, Real Stories of the Donut Men, a dark comedy written and directed by Beeaje Quick, which premiered at the South by Southwest Film Festival in March, 1997. Additionally, Avellan served as producers' rep. with Rana Joy Glickman for Love You Don't Touch Me, a romantic comedy premiered at the 1997 Sundance Film Festival.She co-founder Troublemaker Studios with Robert and have been causing "trouble" in Hollywood ever since. Elizabeth and I have an epic two-hour conversation spanning decades in the history of her, Robert and Troublemaker Studios.We did a bit of myth busting on the now legendary indie film El Mariachi. Elizabeth also discussed what it was like working inside the Hollywood machine, the moment she introduced Robert to Quentin Tarantino, the uphill battles she faced becoming a producer and so much more. Get ready for one heck of a ride. Enjoy my conversation with Elizabeth Avellán.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

19 Sep 20222h 13min

IFH 616: Becoming a Jack of All Trades Writer/Director with Greg Mottola

IFH 616: Becoming a Jack of All Trades Writer/Director with Greg Mottola

After earning an MFA in film at Columbia University, he began his career as the writer & director of the independent film The Daytrippers, which would earn him a Golden Camera nomination at the Cannes Film Festival for best first feature film. He then went on to direct the Judd Apatow-produced hit comedy Superbad, and then followed it up with critically praised Adventureland, which he also wrote and received an Independent Spirit Award nomination for Best Screenplay. The film starred an ensemble cast who would go on to become some of today's most sought-after actors, including Kristen Stewart, Jess Eisenberg, Bill Hader, Ryan Reynolds, and Kristen Wiig.Other film projects include Paul, starring Simon Pegg and Nick Frost, Clear History, starring Larry David, and Keeping Up With The Joneses, starring Jon Hamm, Zach Galifianakis, and Isla Fisher.For television, Mottola directed the pilot of FX’s DAVE and is an executive producer on the show. He also directed the pilot of HBO’s The Newsroom, which earned him a DGA Award nomination. His other TV directorial credits include episodes of the The Comeback, Arrested Development, Undeclared, and The Dangerous Book For Boys.His new film is Confess, Fletch.In this delightful comedy romp, Jon Hamm stars as the roguishly charming and endlessly troublesome Fletch, who becomes the prime suspect in a murder case while searching for a stolen art collection. The only way to prove his innocence? Find out which of the long list of suspects is the culprit - from the eccentric art dealer and a missing playboy to a crazy neighbor and Fletch’s Italian girlfriend. Crime, in fact, has never been this disorganized.Starring: Jon Hamm, Roy Wood Jr., Annie Mumolo, Ayden Mayeri, Lorenzo Izzo, Kyle MacLachlan, Marcia Gay Harden, John SlatteryPlease enjoy my conversation with Greg Mottola.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

15 Sep 20221h 29min

IFH 615: The Unfiltered History of Film Distribution with AFM Co-Founder Michael Ryan

IFH 615: The Unfiltered History of Film Distribution with AFM Co-Founder Michael Ryan

Michael Ryan started his career working in the TV industry for Sir Lew Grade’s UK company, ITC. In 1978 he formed J&M Entertainment with a colleague, a distribution sales agent for independent films. As J&M grew, it developed its business model to also take responsibility for financing new films & providing production finance.In 1980 Ryan and J&M were founder members of the American Film Marketing Association (AFMA) – later to be renamed Independent Film & Television Alliance (IFTA) – which was formed to provide an annual film market based in Los Angeles. Michael served two terms as Chairman of IFTA (2004-2008) and another three terms from 2015-2021.In 2000, Ryan partnered with Guy Collins. Between them they have financed, sold and produced over 200 films, including The Wild Geese, The English Patient, The General, Whats Eating Gilbert Grape, The Osterman Weekend, the Highlander series, Planet 51 and more recently, at GFM Films with Fred Hedman, Toei Animations Harlock, Absolutely Anything starring Simon Pegg and Simon West-directed action thriller Stratton starring Dominic Cooper. On July 15, 2022, GFM’s Paws of Fury: The Legend of Hank, an independently financed and produced animated feature is based on Mel Brooks iconic Blazing Saddles that launched as a project by GFM Films at AFM in 2014, was released across 4,500 U.S. screens by Paramount.Please enjoy my conversation with Michael Ryan.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

13 Sep 20221h 18min

BONUS EPISODE: Dov Simens - American Greatest & Quentin Tarantino's Only Film Teacher

BONUS EPISODE: Dov Simens - American Greatest & Quentin Tarantino's Only Film Teacher

I'm so excited to have on the show this week Dov Simens, founder of Hollywood Film Institute. He created the remarkable 2 Day Film School and has launched the careers of Quentin Tarantino, Chris Nolan, Spike Lee, Kevin Smith, Queen Latifah, Guy Ritchie & more.Dov's teaching style is entertaining, in your face and straight from the street. Real world, practical film education. Sit back and prepared to be schooled in the ways of Jedi Film Teacher Dov Simens.Become a supporter of this podcast: https://www.spreaker.com/podcast/indie-film-hustle-a-filmmaking-podcast--2664729/support.

12 Sep 202257min

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