Mark's Pro Tip #3

Pro Tip #3 - Not all money is good money.

"Just get the movie made," I often say to clients, colleagues, mentees and friends. Getting your movie made is paramount. That sometimes entails killing your darlings or making sacrifices you wouldn't otherwise make. It also means sometimes taking less money or money with strings attached. However, it's imperative that you're able to determine whether money is "good" money or "bad" money, as the last thing you want to do is end up in a legal situation or worse. Here are a few ways to determine whether money is "good" (worth taking) or "bad" (not worth taking):

- Are the recoupment terms overly onerous? In other words, might you be unable to meet the obligations the investor is asking for, even under the rosiest scenario?

- Does acceptance of the money put your other investors in a bad place or, worse yet, cause them to drop out because it now makes their position untenable?

- Does the investor seem to have unrealistic expectations of what you can truly do?

- Is the investor asking you to personally guarantee return of the money at some future date?

- Are there strings attached to the money that otherwise put you, your team, your other investors or any others working on the project in a precarious position legally, financially or reputationally?

- Does the investor demand he retain control of the funds and all key decision-making during the production process?

- Is the investor refusing to work with legitimate organizations like major banks where funds can be verified and escrowed or provide other reliable methods of verification?

If you answered "no" to these questions, the money may very well be good to go. If you answered "yes" to these questions, it's probably not. To know for sure, the best bet is to consult legal counsel and any knowledgeable stakeholders that you trust.

At the end of the day, if you need to turn down some bad money, just remember that that funding source is not the only game in town and that there are plenty of good money sources out there to fund your movie. You just need to go find them.

Mark's Pro Tip #2

Pro Tip #2 - Raising money for films is hard no matter what.

Whether you're raising $100K or $10M, it's all relative and it's always difficult. A lot of young filmmakers make the mistake of thinking it's easier to raise money if they ask for a lesser amount. While it may be true that more people can afford to give $100K than $10M, getting those people to part with their money is just as challenging as getting it from richer people. You need to convince someone why they should give you their money. In fact, if the investor is savvy, sometimes it's better to ask for more money than less. A few reasons for this.

First, it sets the bar and gives you room to negotiate. How do you know they won't give you $1M unless you ask?

Second, an investor will want justification for why you're asking for that amount. If you say you can make a $1M film for $100K, you better be able to back it up with a budget that shows exactly how you're going to pull it off. Chances are you'll have to sacrifice a lot of quality to do it if you can do it at all. If, on the other hand, you're budget shows how you can confidently deliver that film for $1M and that's what you're asking for, it's going to give the investor confidence.

Third, a higher ask from the investor can be justified by the cost of more valuable elements like star actors or P&A funds that will help the film make a return on investment. A $100K film with no names in it has less of a chance of ever recouping than a $10M film with several names.

So when asking for money, ask for what you need and be prepared to back it up with a legitimate budget.

(Side note: This doesn't mean one investor has to give you the entire budget. If you need $1M to properly make your film, you may ask an investor to give you $100K with the caveat that you're asking 10 different investors for that same amount and will only be able to greenlight once all 10 are in place.)

Mark's Pro Tip #1

 As a change of course from previous posts, I thought I might start sharing a producer "pro tip" for aspiring young filmmakers every time I write on this blog. Something useful and practical. A piece of advice I might give if I was teaching a college course or mentoring someone in the PGA. So with that said, here goes nothing...

Pro Tip #1

Make the kind of content you would want to go see. Too many producers worry about "what's hot" or "what's now" or they try to chase distributors' fancies. The problem is that what's in right now might not be in a year or two from now when you're finally done your film and are ready to release it. Instead, focus on telling stories you would pay to see. The truth is that every genre and style has some audience out there for it. Obviously, some markets are more limited than others, and such realities may constrain things like overall budget, cast, marketing and the distribution strategy, but that doesn't change the fact that you should pursue a course that drives your passion and leaves you fulfilled. Because that passion and care and enthusiasm will show up on the screen just like the lack of it will. In this respect, you go into the endeavor as both artist and audience member, allowing you to do justice to both sides.

Dear Indie Film Lovers,

I thought I might be a bit overdue for an update on my filmmaking adventures, so here is the latest goings-on in my crazy corner of the world:

- My feature film "Last Night on Earth" premiered in Beverly Hills at the end of May and was released in June to theaters across 50 US cities. It has now just arrived on home entertainment platforms, including Apple TV+, Fandango at Home, Google Play, Amazon Prime Video and Youtube Premium. I'm very proud of this one -- especially what we were able to do with the budget we had. You can see the official trailer here: https://www.youtube.com/watch?v=rB_6ExXDZGs

- My Oklahoma-based feature "Will to Win" nears ever closer to production as we continue our capital raise. We have attached Sean Astin and Patrick Warburton to key roles, and have started early talks with Amber Midthunder to play the lead. While we're considering Vancouver, Manitoba and other areas to shoot the film in order to maximize our dollar, our top choice is still Oklahoma since the state is so central to the story, the world and the characters, especially Will Rogers. But because this is a baseball movie, if we don't go into production by September, we'll likely have to wait until next spring. The film will be directed by Sean McNamara, who most recently did "Reagan."

- Speaking of Oklahoma, I have separately been assisting Oktoberfest Tulsa as they seek a tax credit for their upcoming documentary on the event. Named one of the five best Oktoberfests in the US, the film will showcase the origins of the event and the impact it has had on the local area.

- My New Mexico-based feature "American Saviors," with the talented Jon Keeyes directing, has attracted strong interest from cast, including Anthony Hopkins, Luis Guzman and Michael Ironside. The focus now in order to complete financing and get a greenlight is to cast the two leads. If we get some bankable stars in those roles, this one could move very fast.

- I just got hired by a longtime client, Kugga Entertainment, to re-purpose a web series I did for them several years back called "The Offer" into mobile webisodes. This is a new form of content distribution pioneered by companies like ReelShort where you pay for small bite-sized episodes that are anywhere from one to three minutes. The goal is to have these new webisodes cut and ready for wide dissemination by the end of August.

- I also just locked a distro deal with ShortsTV for Kugga's short film "Stiffed," which will start airing on the platform soon.

- I recently completed building a website for my client, Fifty CAL Films, which you can see here: https://www.fiftycalfilms.com/. We have two great projects that we recently developed, both thrillers. The first one, "Icon," about the wife of a country music star who is suspected of killing him after he goes missing, has attached prolific director Brittany Underwood, with several potential production partners already considering the material for production. So fingers crossed there. The second project, "Follow Us," is about a fake kidnapping of two social media stars that gets wildly out of control. I'm just starting my search for a director on this one.

- I continue to write articles for numerous publications, with the goal of sharing my expertise so that others can apply it and find success in their quests. Some of my recent pieces include "Top 7 Things a Producer Wants From Your Screenplay" on Funds for Writers, "Everything You Ever Wanted to Know About Line Producing" on Medium, and "7 Reasons Why Commercial Production Accounting Needs a Revamp" on the RollCredits blog. Later this month, Funds for Writers will publish another piece of mine: "What Book Authors Should Know About Adapting Their Material for the Screen."

- A script I developed and helped ghostwrite called "The Odd Son" has been racking up laurels -- most recently receiving quarterfinalist status in the LA International Screenplay Awards and PAGE Awards -- so it will be exciting to see how far it advances in these two.

While I have various other projects in different stages of development, these are some of my top focuses right now. Hopefully, I 'll have some good news to share in the upcoming months as I progress. Thanks always for your support.

Mark

12 THINGS I WANT TO DO IN HOLLYWOOD BEFORE I DIE (OR RETIRE)

The other day, I was watching an episode of the new Netflix original "Baby Reindeer," and the main character said something I thought was really profound. He said something to the effect of, "I used to think following my dreams would bring me happiness, but lately, it almost feels like a choice between the two." That hit me because it really describes where I'm at with my life.

So I started thinking, as I follow my dreams in Hollywood, what are some things I'd really like to do before I call it quits (one way or another)? What are some professional accomplishments that would truly make me happy? I came up with a list of 12. So here goes...

1) Produce a sequel to one of my films because the first one was so successful, someone offered me a butt-ton of money to keep going.

2) Get nominated for a major award, something that's telecast, showing that I have finally achieved some semblance of recognition by my peers, and then have the balls not to show up because I'm over the self-congratulatory poppy-cock we constantly see from awards shows.

3) Work with Bill Murray, Kevin Costner, Sandra Bullock or anyone from the cast of Suits.

4) Get over my fear of spectacular failure.

5) Have someone at Netflix with a VP title or higher actually take my call.

6) Pull up to a lunch meeting at Musso & Frank, Crustacean or Spago in a brand new Ferrari I just paid cash for.

7) Produce a film in a foreign country (Canada doesn't count).

8) Find a screenplay so powerful, so moving, so utterly creative, original and well-written, that no one in their right mind would have the nerve to pass on it.

9) Take a film to Sundance.

10) Produce something -- anything -- for two of my favorite directors (and friends), Jon Keeyes and Sean McNamara.

11) Earn net profits.

12) Work on a film that not only doesn't raise my blood pressure, but is such an absolute joy to be a part of, that every other memory of my professional life will be measured against that one.

COURAGE AND DIVERSITY IN HOLLYWOOD

Dear Hollywood,

This is an open letter to industry friends and colleagues.

We often pat ourselves on the back for having the courage to tell stories that are bold, different and focus on diversity. The idea is that somehow what makes us different will unify us, as if unification was ever the goal. We live in a self-congratulatory bubble that doesn't often align with the rest of the country, but hey, at least we dare to tell stories that others won't tell!

But are we really that courageous? Or are we actually continuing to tell the same types of stories over and over again with the same themes and messages -- the very ones that our overlords in Hollywood have pre-approved for audience consumption? The very ones that continue to fracture audiences along ideological lines? Are we really free to share our deeply held values and beliefs, or might doing so get us cancelled if they don't align with prevailing orthodoxy? (I don't know. Ask James Woods.)

I have always believed that true diversity is the diversity of thought and ideas rather than immutable characteristics that tell you absolutely nothing about a person other than their chromosomal makeup or melanin levels. (If that gives you an idea what side of the political spectrum I'm on, so be it.) But I don't believe any one ideology has the cornerstone on great ideas.

That said, this is my clarion call for true diversity in filmmaking -- for the sharing of all ideas through film and television, even if our betters in the upper echelons of the Hollywood hierarchy don't approve. That might mean pushing to produce content through more independent means, and it may also mean getting cancelled by those who claim to represent democracy while simultaneously trying to blacklist those who don't agree with their point of view.

True courage in filmmaking will come when filmmakers start producing and disseminating content that doesn't align with prevailing political and cultural doctrines. That means making statements based on high moral truths and common sense values, something sorely lacking in our society today. True courage in filmmaking is not an echo chamber for the Hollywood elites, but sharing ideas they disagree with when you know those ideas are worthy, even if it means being shunned by those elites.

This is my plea for true courage and diversity in Hollywood, one I'm taking on myself, starting with this very
letter.

Mark Heidelberger

THE CHICKEN & THE EGG

Many filmmakers have struggled with the conundrum of attaching star actors who bring financial value to their pictures when they don't have any money to offer. Financiers have been known to say, "Hey, if you get that actor, I'll put up the money." And then most of us reply, "Why don't you put up the money then so I can get that actor?" Excuses abound, many of them feeble, but the honest reason is that most of these alleged financiers are full of shit. They either don't have the money or have no real intention of giving it to you.

So here we are, the old chicken and egg scenario. How do I get the money without the cast, and how do I get the cast without the money? A quandary indeed. But I think I have an answer as I navigate this same minefield that all indie producers navigate. And the answer is... Illusion. Both sides need to believe the other side is in play. What do I mean by that?

Well, on the one hand, you need a legitimate investor, so that requires some vetting. They may not be ready to part with their money now, but you have to be certain they will if you get that elusive star. If they're not willing to put the money in escrow, at least have them sign an LOI with their intention. Something, anything in writing is better than a handshake.

Simultaneously, you need to make offers to those star actors for specific work dates and you have to make the agents believe those are offers are pay-or-play (meaning the actor gets paid whether the movie gets made or not). If the offer amount is high enough, you'll often get a call from the agent wanting to verify certain things -- first and foremost, is the film fully funded?

But that's not really what they want to know. What they really want to know is... Is my actor going to get paid? They could give a shit if your movie gets made. They just want to make money. So your answer may very well be, "No, it's not fully funded. But this offer is pay-or-play and your actor will get paid whether it gets made or not."

Once you have an email from the agent stating an agreement to the key terms of the actor's deal, it's time to have your financier step up to the plate. No more excuses. You delivered on your part, and now the money needs to go into escrow. See, agents want to make sure you're not out raising money on the actor's name. The reason is that if enough producers are doing that and can't raise the money, it starts to devalue the actor in the eyes of the industry. ("What?! They can't get financing with him attached?!")

I'm playing this scenario out right now with two different features that are temporarily slated for production later this year. The in-roads I've made have been fantastic, with serious A-listers interested or in talks for key roles, but whether the strategy works out is a chapter yet to be written.

Of course there are other factors in closing a deal with a star, like script approval, director approval, compensation and the like, but I find that the risk of having to back out of a deal is likely worth the upside of pulling off the illusion, especially in an industry that has no problem trying to fool you with illusions at every turn. All of Hollywood is built on illusions, so you're just using an old trick from the same playbook. While this may sound like a cynical view, it's also a practical one that cracks the chicken and egg conundrum wide open.