The injustices are crushing sometimes, as in the case of the supposed 400 theater release of my film that was in the works until the guy who was selling me a bridge decided to back out. Why did he back out? Because I don't have a phone. Sound unbelievable doesn't it? Take a look for yourself.
Seems almost unbelievable that someone would do that to a homeless guy who made a film about his life. He knows I am homeless. So why doesn't he want to communicate via e-mail? I think before we get to that specific explanation I am going to just start from the beginning.
Several days ago I was contacted on my Fillmore Street Films Facebook site and this conversation took place:
He understands my plight. That's quite kind coming from such a "powerful" man in Hollywood. Yet, if he understands my plight why would he back out on a project because I don't have a phone, if he was already made aware, quite clearly, that I do not have a phone? I know the answer but let's continue with the story.
I sent him my contact information, which is just an e-mail address. He contacted me there to ask me if I had Skype so we could talk on the phone. Man, what it this guys obsession with the phone? What is the issue with us communicating via e-mail? There has to be *some* reason. But, anyway.
We get on the phone, and he comes at me with what starts to sound like a good deal. He wants to take my film and place it in 400 independent theaters with the proceeds going the charities of my choice. I want my message to get out, so I am down to contribute.
My first question was: "How do I get paid in all of this?" James, for the first time in the conversation got really quiet. I caught his drift immediately. The answer was: I don't get a nickel from Entertainment Consultants + Management. His solution to how I was going to get paid was quite fascinating:
"Well, what you can do is get paid from the charities. Let's say there are are 400 theaters, and each theater raises $1000, what is that figure? The charities will give you a cut for being a fund raiser, maybe even give you 25%." He actually said, "Around a half a million dollars."
That's a big red flag to me for many reasons:
One of these independent theaters is in my film. I am already involved with those communities, and have an understanding of the money involved. They are going to average about 100 viewers per three day event. Let's be absurd and say that a theater brought in $2000 in gross profit. Per federal guidelines the theater can only retain 20% of those proceeds. That puts the charities receipts at $1600.
But remember, my charities are federally mandated to remand 80%, as well, leaving the charity to retain roughly $300 for operating costs. So, a theater would have to take in 300 attendees, three times the known estimate for indie theaters for me to theoretically take $1000 from each theater. Already the man is making the grave mistake of underestimating me.
However, I want people to see my film, because the message is important, so I am willing to let a man lie to me to have an opportunity for my film to reach a broader audience.
Then I addressed the issue of not having technical funding to produce the theater master. He knows I am homeless and broke. His response was that "we could use Amazon to stream the film." Well, that is fine and dandy but if we are using Amazon the current render of the film is still not DVD quality. My question to James was was whether they were willing to provide development funding to assist me with delivering the film.
I said this by emphasizing that "I am homeless." He said, "I know, that is what makes this story so great. You are homeless and trying to help people." This sounds sincere doesn't it? Well, let's look back to my first question, "How do I get paid in all of this?" and then combine it with his assertion that we could do an Amazon video on demand release.
That would mean that someone would be selling the masters to the theaters, since he didn't offer up that I was getting paid for the sales of the masters, only some brash fantasy about charities that are starving for funding that are going to give me "a half million dollars" that means his company had the intention of using my master to generate profit, while not providing me with any advance on future earnings. Reputable companies, that have cash, that are pro, offer advances.
At this point in the conversation I am understand that my homelessness is now being exploited. This is a group of people in Hollywood who want me to remain homeless because "That is what makes the story so amazing!" Did I have a problem with that? No. The "exploitation" would have helped my career, and it would have allowed me to help people. If anyone is going to exploit me, though, it's going to be me, because I, and I alone, have that right, not James Bishop.
Then I say, "I am part owner of a screen printing company in Ohio." I am. Myself, and two of my friends bought the equipment to print T shirts about six years ago. That shop is set up to run but is not currently generating any profit. However, if I need T shirts printed I have the ability to make a phone call, and have them printed for roughly $3.00 - $5.00 a shirt.
He seemed to balk about this fact, saying, "Why don't you use cafe press?" Well, Cafe Press is not a good deal. They charge around $14 for a T shirt. I can maximize profits by going to directly to my own presses and then make $10 more per shirt. Why would he suggest using cafe press? Ostensibly since I wouldn't be profiting from anything but charity donations he must have expected to retain the rights to my merchandising, of which using Cafe Press he could charge "$30 a shirt." - his actual words. Man this guy thinks he is slick doesn't he?
So he wants the rights to my master, and my merchandising, for nothing, not a penny, while I stay homeless. He didn't even offer me a portion of the proceeds. His deal was specifically structured so that I would make nothing, giving his company such a "wonderful story."
We talked, I got his "number" but I told him to go ahead with explorations of the release, and made a public post on my fans site about my intentions to release the film for free, and then talked about the internal struggle of trying to help people as pretty much no one helps me.
I send him a copy of the film, which is supposedly had checked for legal issues, though from the way he does business, no attorney was named, of course. He told me it would be about 24 hours before he had an answer.
I took sometime, thought about everything we talked about and sent him this e-mail:
Guess what? He didn't write back. I mean, what is this guys deal with not wanting to communicate via e-mail? I don't get it. Maybe I do, but let's move forward here. At the same time let's mention that aside from me mentioning that I had access to a screen printing shop we made no discussion of merchandising.
This morning, I wake up, I am out of money. I am going now live in the street for the rest of the month. As I am walking out of the room a Skype call comes through. The internet where I am is spotty so the called ended up dropping, at which point we had this discussion. This is pasted directly from the Skype conversation:
Again with the refusal to put things in writing? What is this guys deal? If he is legit and on the up-and-up what is the issue with doing business via e-mail? When I did business with Turner Networks they had no issue with putting things in writing:
Now, and I can't state this as fact, but to me this man is a con man, looking to exploit me, and my need for an audience, and the fact that I am homeless basically asking me to give him my project for free so that his company can profit from my hard work.
What's the deal with not putting things in writing?
It's called contract law. If you check my resume one of my jobs in a previous life was piecing together General Services Administration contracts to allow freight companies to haul freight for the federal government. I have an understanding of The Paperwork Reduction Act which allows for things stated in e-mail to be construed as contracts.
His refusal to speak in e-mail, thus exposing himself to a lawsuit if he didn't live up to his side of the agreement, is also a bit amusing. This man has no attorney. If he did, he would know that even if something is expressed in e-mail there is plenty of appellate law to nullify that e-mail contract.
But, even more so his unwillingness to communicate via email is out of fear of being caught lying, which would out him for what he is, a con man attempting to exploit a homeless person. He tried to sell me a dream, underestimated my intelligence and experience in the industry, while trying to make sure that none of his promises were committed to writing.
I posted his message backing out of the project, on my fan site, just to show people what had just happened to me, that I had just lost an opportunity because I don't own a phone. He then started harassing my fan page with lies:
I am "trying to make it look like [he is] victimizing [me]?" I have done nothing but screen cap the existing conversation and then share what his actual words were to me. I'm also trying to understand how me handing over my masters and merchandising rights so that his company can profit from my hard work while I stay homeless is "helping me."
In this man's twisted mind he actually thinks that not charging me for things that no film maker should pay for to begin with is "helping me." I am stating this for the record. No legitimate management company on the planet charges upfront fees. That is a fact.
Even with all of that, it's a potential audience of 40,000 people. In the scope of a national film release, those are very negligible numbers considered that PBS' Frontline gets 7,000,000 weekly viewers. It's 10% of the numbers generated by Adult Swim for one episode of Aqua Teen Hunger Force on any given night, for a whole entire summer independent theater release? Wow. Big star here, coming through.
On the subject of merchandising rights, we never discussed them. Yet that didn't stop him from confirming that he wanted a chunk of my income while refusing to pay me a dime.
we never talked about merchandising other than me saying that since he wasn't going to offer me any profits from my own film that I would "sell T shirts, and DVD's." Then I mentioned the non-profiting shop I have access to. I find this response interesting because he is now suggesting that Entertainment Consultants + Management was - in fact - planning on profiting from my work while I remain homeless. That is pure, 100%, exploitation, at it's best there, but what an "amazing story!"
But to be fair what services was he actually offering me?
The only thing he offered me was to get my film into 400 independent theaters, and he committed "a half a million dollars" from potential charity earnings, which of course has no factual basis in reality. We'll remove that little lie.
What would it take for me to do the same thing? 400 phone calls to independent theaters to ask them if they are interested showing the film. How much would that cost me? Well, the guy in the clown wig in some of my videos provides this type of service for $10 an hour. I could acquire $500 and pay him to exact the same marketing plan. I've already spoken with him.
I'm trying to understand what it is that this man was offering me that is so unobtainable that it would require me giving up the rights to my masters and a portion of merchandising? All he has to do is either hire someone for $8 an hour, or scam an "intern" - which seem more like his style - to do the work for him, then he sits back, collects the profits, while I stay homeless. Gee what a deal. Thanks for the "help" James. I can't imagine the ways this guy would fuck an enemy if this is his version of being a "friend." I'm sure I'll find out. He is obviously a sociopath. I'm sure he'll rip off his shirt and "Come at me bro!" Whatever.
Ladies and gents, there are people out there who will perceive someone to be alone and defenseless, and then try to take advantage of them. This is what this man did to me, while assuming I was no one, and somehow like him - a con man.
Can you imagine how bad he would have fucked me if I actually had a phone?
Just so James can't say I have Photoshopped any of these responses I am including the "expired trial" splash screen for my trial version of Photoshop including today's date and time.
And just so we are clear, as this was all happening this is where I am sleeping tonight:
Killer.
Best,
Matthew
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