About a decade ago, I engaged Candlelight Media, a Provo based film production and distributing company that is run by a very devout LDS family, the Broughs (yes, I think that this fact is relevant to the story). I sent them a couple of my scripts. After reading them, they indicated an interest in employing me to write a screenplay for them. Before I was given a written contract, I was told that they wanted to pay me a “reasonable amount” for my work.
Of course what is or is not reasonable is in the eye of the beholder, and any party to discussions about what one should get paid should not be offended by the undisclosed and subjective expectations of the other–ever! They only thing that should occur is a discussion to arrive at an agreement, if that can be done. Along these lines, as an attorney I am often involved in the negotiation of lawsuits. I’m always flabbergasted when one or the other side of a dispute claims offense at the other’s opening offer and leaves the negotiations without trying to engage and make a counter offer to resolve the dispute or finalize the deal. Hold this thought, because it comes into play later.
I met with Brian Brough before I had been given a contract. He provided me a simple idea for a film and had me start writing it. The idea was basically this: a couple becomes marooned on an island. While there, they solidify their Christian faith and fortify their marriage. Excited, I immediately outlined my screenplay from beginning to end and was about halfway through writing the screenplay when I received the contract.
It was basically this: they wanted me to write the screenplay, and several rewrites under their direction, and if they liked what I wrote, they would pay me $500, but this was not an obligation, and they would decide whether or not to give me a writing credit. Moreover, pay or no pay, they would own all rights to whatever I wrote. Now, many writers who have published works, and even some like me who have not had any significant publications, would have perhaps been offended by their contract. I was not. But, fortunately or unfortunately my business acumen kicked in and I wanted to make a counter offer. So I discussed with several people in the industry what would be a reasonable amount to pay a first time screenwriter. Based upon those discussions I made a counteroffer which was admittedly at the higher end of the amount first time writer’s are paid, but within the ballpark.
Immediately, taking offense at my counteroffer, Candlelight Media, instructed me to hand over all of my writing to date, accused me of only being interested in money, and schooled me on how difficult it is to make money in the film business. They also, with great fanfare, discussed how they could not make any money if they paid me and others for our work.
To say the least, this was astounding to me. While my desire to maximize my economic benefit was seen as perverse, their desire to maximize their economic interest and turn a profit to “preserve the family business,” took on some messianic priority over the interests of the people who worked for them. During my discussions with them over their contract, many of the terms and words to express their position, indicated that they viewed themselves as somehow working as an undeclared arm of the LDS Church. Therefore, they had a mission and myself and others as their missionaries, metaphorically speaking, should be grateful to donate our time and money while it should be left to them, the right and moral authority, to actually earn any money. They also emphasized what a great opportunity it was for me to write for them whether I got paid or not. And to tell you the truth, they were probably right.
Nevertheless, at the time this all took me by surprise. I never expected this reaction. I thought I was engaging in a negotiation with a professional business. Despite this, as stated, I really was grateful for a chance to have possibly gotten a film of mine produced. Therefore I tried to repair the relationship. I drastically reduced my expectations and attempted to re-engage them by proposing a contract that would have at least paid me a token amount and that in the event that the film became profitable, only then would I get paid a very modest amount for a first time screenwriter. Unfortunately, the response I was given was an unconditional demand to turn in my work to date, to cease further work on my screenplay, and a resolute decision that they would engage in no further negotiations with me.
Well, I didn’t cease writing nor give them my work but I did finish the screenplay. It sits unproduced while they produced their own version of the basic premise. Although the bulk of my screenplay is witty, funny and compelling, it admittedly needs a little more work. It probably could’ve been fashioned by someone with Candlelight Media’s experience into a good, if not great, screenplay.
The reason I did not relinquish my work is because the law was indisputably on my side and a mere idea does not create an intellectual property right. Moreover, I would have been happy to have turned it over to them provided I had been paid, based upon what they had already promised, a “reasonable amount.” I didn’t know what that amount should specifically be, but I knew it wasn’t “maybe we''ll pay you $500 if we want to.”
Although I’ve discussed this experience with some people, I’ve never written about it because I always thought maybe there was a possibility of repairing the “offense” caused to “Candlelight Media." After all, they are still one of the power brokers in the limited Utah film market and are a force to be reckoned with. I do so now because I think the experience is a cautionary tale to others. I’m also hoping that production companies like Candlelight Media will understand that one is worth what one is able to negotiate. If you think someone is asking for more than they are worth, you simply tell them so and realize that while you may have the power to hold your ground, you do not have a superior moral right to your position. It is not a matter of morality, it’s a matter of business. At least give the other that amount of dignity and respect.
Unfortunately, the reality is that the film industry is riddled with many talented and hard-working individuals and companies that are desperate to “make it.” Because of that desperation and drive to succeed, some of them will claw their way to the top. Many of them do not care who they use, claw or step on to get there. Moreover when they do get there, they stand upon their pinnacle and disparage anyone who would dare even hint that they had been clawed, stepped on or used by them on their way up or who dared to ask to be paid.
Sometimes, though, a few have enough self-awareness to know how they got where they did, will do the right thing and graciously reach down to give a hand up to all who helped them in their success. Most will not. Moreover, the oppressed who make it to the top, sometimes then become the oppressors, and start the cycle of exploitation all over again.
Also, since there are so few players in the industry that are successful, they can take the position that the Brough family of Candlelight Media has taken, that they are entitled to make money, as a moral right, while those they deem fit to perform entry-level jobs are not. The fact is, Candlelight Media, nor anyone else, has a moral right to either use people or to disparage and take offense against those who would attempt to negotiate their pay. The only thing they have is their “might,” and while “might” may allow them to obtain volunteer and minimally-paid actors, writers and crew members, they should not take offense at those who decline to volunteer their services or who attempt to negotiate higher wages. They can simply do what they have the power to do based upon the value they think they are getting by saying, “this is a take it or leave it offer, do not attempt to negotiate it.”
To this day, although I do not think it was wrong or misguided for me to have attempted to secure greater economic value for my labor, I wish I would have been wise enough to have figured out a way to have at least made my proposal in a manner that it would have been rejected without offense or at least a minimal improvement in my contract could have been offered. Or, I wish I would have known that the contract was nonnegotiable--maybe I would’ve signed it. But here’s the reality, offense is usually not intended in such situations, but it is taken. There may have been nothing I could have done that could have avoided Candlelight Media from taking offense. They were the experienced parties in these negotiations and I, unfortunately, was not.
Yet, I do know that they were right about one thing- I have been unable to find similar writing opportunities. So maybe “might” does make “right,” and maybe the only way to make it in this business is to prostrate your services until they are valued by those who have good money to reward you for those services.
Nevertheless, I would urge both the employers/contractors seeking services and the employees/independent contractors offering services, to make their intentions clear at the very beginning, before either start performing. That way there are no misunderstandings regarding whether or not an initial offer is negotiable and so it is established categorically what is a “reasonable amount.”
Loren M Lambert, October 5, 2015 ©
Of course what is or is not reasonable is in the eye of the beholder, and any party to discussions about what one should get paid should not be offended by the undisclosed and subjective expectations of the other–ever! They only thing that should occur is a discussion to arrive at an agreement, if that can be done. Along these lines, as an attorney I am often involved in the negotiation of lawsuits. I’m always flabbergasted when one or the other side of a dispute claims offense at the other’s opening offer and leaves the negotiations without trying to engage and make a counter offer to resolve the dispute or finalize the deal. Hold this thought, because it comes into play later.
I met with Brian Brough before I had been given a contract. He provided me a simple idea for a film and had me start writing it. The idea was basically this: a couple becomes marooned on an island. While there, they solidify their Christian faith and fortify their marriage. Excited, I immediately outlined my screenplay from beginning to end and was about halfway through writing the screenplay when I received the contract.
It was basically this: they wanted me to write the screenplay, and several rewrites under their direction, and if they liked what I wrote, they would pay me $500, but this was not an obligation, and they would decide whether or not to give me a writing credit. Moreover, pay or no pay, they would own all rights to whatever I wrote. Now, many writers who have published works, and even some like me who have not had any significant publications, would have perhaps been offended by their contract. I was not. But, fortunately or unfortunately my business acumen kicked in and I wanted to make a counter offer. So I discussed with several people in the industry what would be a reasonable amount to pay a first time screenwriter. Based upon those discussions I made a counteroffer which was admittedly at the higher end of the amount first time writer’s are paid, but within the ballpark.
Immediately, taking offense at my counteroffer, Candlelight Media, instructed me to hand over all of my writing to date, accused me of only being interested in money, and schooled me on how difficult it is to make money in the film business. They also, with great fanfare, discussed how they could not make any money if they paid me and others for our work.
To say the least, this was astounding to me. While my desire to maximize my economic benefit was seen as perverse, their desire to maximize their economic interest and turn a profit to “preserve the family business,” took on some messianic priority over the interests of the people who worked for them. During my discussions with them over their contract, many of the terms and words to express their position, indicated that they viewed themselves as somehow working as an undeclared arm of the LDS Church. Therefore, they had a mission and myself and others as their missionaries, metaphorically speaking, should be grateful to donate our time and money while it should be left to them, the right and moral authority, to actually earn any money. They also emphasized what a great opportunity it was for me to write for them whether I got paid or not. And to tell you the truth, they were probably right.
Nevertheless, at the time this all took me by surprise. I never expected this reaction. I thought I was engaging in a negotiation with a professional business. Despite this, as stated, I really was grateful for a chance to have possibly gotten a film of mine produced. Therefore I tried to repair the relationship. I drastically reduced my expectations and attempted to re-engage them by proposing a contract that would have at least paid me a token amount and that in the event that the film became profitable, only then would I get paid a very modest amount for a first time screenwriter. Unfortunately, the response I was given was an unconditional demand to turn in my work to date, to cease further work on my screenplay, and a resolute decision that they would engage in no further negotiations with me.
Well, I didn’t cease writing nor give them my work but I did finish the screenplay. It sits unproduced while they produced their own version of the basic premise. Although the bulk of my screenplay is witty, funny and compelling, it admittedly needs a little more work. It probably could’ve been fashioned by someone with Candlelight Media’s experience into a good, if not great, screenplay.
The reason I did not relinquish my work is because the law was indisputably on my side and a mere idea does not create an intellectual property right. Moreover, I would have been happy to have turned it over to them provided I had been paid, based upon what they had already promised, a “reasonable amount.” I didn’t know what that amount should specifically be, but I knew it wasn’t “maybe we''ll pay you $500 if we want to.”
Although I’ve discussed this experience with some people, I’ve never written about it because I always thought maybe there was a possibility of repairing the “offense” caused to “Candlelight Media." After all, they are still one of the power brokers in the limited Utah film market and are a force to be reckoned with. I do so now because I think the experience is a cautionary tale to others. I’m also hoping that production companies like Candlelight Media will understand that one is worth what one is able to negotiate. If you think someone is asking for more than they are worth, you simply tell them so and realize that while you may have the power to hold your ground, you do not have a superior moral right to your position. It is not a matter of morality, it’s a matter of business. At least give the other that amount of dignity and respect.
Unfortunately, the reality is that the film industry is riddled with many talented and hard-working individuals and companies that are desperate to “make it.” Because of that desperation and drive to succeed, some of them will claw their way to the top. Many of them do not care who they use, claw or step on to get there. Moreover when they do get there, they stand upon their pinnacle and disparage anyone who would dare even hint that they had been clawed, stepped on or used by them on their way up or who dared to ask to be paid.
Sometimes, though, a few have enough self-awareness to know how they got where they did, will do the right thing and graciously reach down to give a hand up to all who helped them in their success. Most will not. Moreover, the oppressed who make it to the top, sometimes then become the oppressors, and start the cycle of exploitation all over again.
Also, since there are so few players in the industry that are successful, they can take the position that the Brough family of Candlelight Media has taken, that they are entitled to make money, as a moral right, while those they deem fit to perform entry-level jobs are not. The fact is, Candlelight Media, nor anyone else, has a moral right to either use people or to disparage and take offense against those who would attempt to negotiate their pay. The only thing they have is their “might,” and while “might” may allow them to obtain volunteer and minimally-paid actors, writers and crew members, they should not take offense at those who decline to volunteer their services or who attempt to negotiate higher wages. They can simply do what they have the power to do based upon the value they think they are getting by saying, “this is a take it or leave it offer, do not attempt to negotiate it.”
To this day, although I do not think it was wrong or misguided for me to have attempted to secure greater economic value for my labor, I wish I would have been wise enough to have figured out a way to have at least made my proposal in a manner that it would have been rejected without offense or at least a minimal improvement in my contract could have been offered. Or, I wish I would have known that the contract was nonnegotiable--maybe I would’ve signed it. But here’s the reality, offense is usually not intended in such situations, but it is taken. There may have been nothing I could have done that could have avoided Candlelight Media from taking offense. They were the experienced parties in these negotiations and I, unfortunately, was not.
Yet, I do know that they were right about one thing- I have been unable to find similar writing opportunities. So maybe “might” does make “right,” and maybe the only way to make it in this business is to prostrate your services until they are valued by those who have good money to reward you for those services.
Nevertheless, I would urge both the employers/contractors seeking services and the employees/independent contractors offering services, to make their intentions clear at the very beginning, before either start performing. That way there are no misunderstandings regarding whether or not an initial offer is negotiable and so it is established categorically what is a “reasonable amount.”
Loren M Lambert, October 5, 2015 ©
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