Tuesday, August 08, 2006

FriskeFish - My Side Of The Story

Yo turtles. This will be a long post and it technically falls under the requisite rant/bitch requirements of this blog.

Those of you that have known me long enough know I was 1/2 of the company FriskeFish Productions LLC. Kim Fishman was the other half. If you want the back-story (movie talk) read the original post: “
Lights! Camera! Ac---, Wait” originally posted on August 10th, 2004 below.

No one ever saw it because I didn't tell anyone I had a blog. I was waiting for all of the lawyer crap to get finalized before I wanted to speak publicly about FriskeFish. Then I just kinda let it go.

But now here's the story, warts and all.
Yeah, there's two sides to every story, this is my side of it.

On or about April 12th of 2005 everything was settled. It was over and done. Let me tell you I got my ass handed to me. That's right, I lost and lost BIG. Once it was all said and done I walked away with nothing except my name off of the company.

I'm going to give you the straight scoop, if you know me I hope you believe what I say.

First, I compliment Kim and her husband "Fish". That's right, I compliment them. They know how to play the game, they played me like a fiddle, a pawn, a chump.

And I was dumb enough to think that my business partner would play fair. I learned a lesson, the hard way.

Facts you ask? Here’s a few to get you going.

1. Kim rewrote my synopsis for “Price Check” and then sent it into a film festival. Once I found out about the change she blamed someone at the festival. I pressed Kim for a name, she finally acknowledged it was her that rewrote the synopsis. I’m no Hemmingway, but my scripts and synopsis are mine. She did this behind my back and was only forced to fess up when cornered. Excellent. I would never rewrite someone’s work.

2. Kim and her husband “Fish” told me if I listed all of my equipment (that I personally owned before they came along) on the FriskeFish taxes we would both get a big refund. Great I thought. I like mo' money (go Spike), who doesn't? So, I agreed and we filed our taxes. I believe they did this in the knowledge that if it ever came down to it (and it did) they would use it to your advantage. In the lawsuit they claimed I knew full well that I agreed to hand over my equipment to the company. Of course I never agreed to such a thing. However, they tried to take ALL of the equipment. Not just the equipment purchased for FriskeFish, but my equipment before I ever even knew Kim!! Excellent.

3. Kim and her husband NEVER budged once during litigation. I budged and budged until the end where they got to: keep all of the equipment They got to keep: Canon XL1s with pelican case, Avid Xpress DV software, Sony DSR-40 Deck, Avid Computer, Ma-100 adapter, Gitzo boom pole, Sennheiser ME66 with converter Capsule, plus a lot of other stuff but who’s counting right? Excellent.

4. I spent almost $3000.00 in legal fees. Wait, I know you’re thinking hey they spent money on legal fees too, but with one difference, they got 95% of the equipment! Excellent, B R A V O even. So for around $4500 total they walked away with over $20,000 worth of equipment.

5. Kim changed any access I had to the FriskeFish website, without my consent. Not to be outdone she finally deleted my email accounts, excellent.

6. Kim NEVER honored any of my requests or demands that I made legally as an equal partner. Excellent.

7. Some more back-story… I arranged to buy all of the equipment from my old company at cheap prices. I then sold it all on eBay for a profit. I then in turn bought all of the equipment that Kim now has at the best deal possible. Oh, and I built the Avid Computer that Kim has now. Excellent.

I told you I was ranting

8. Kim wrote an article about the Santa Monica film festival and “reviewed” Price Check, not favorably I might add. On top of that she never asked me for my opinion. She bashed me in print and I had no clue until I read it at the bookstore. Great first article. This is my BUSINESS PARTNER.I remember she said something about being honest in her words. In my opinion, she’s nowhere near honest. Other people may buy it, Of course they’ve never been her partner. At least I know I was screwed, some people are still in the dark.

9. I quote Kim in an email she sent to me on 07/03/2003: “As for the partnership, I would like to buy off everything, the Avid System, firewire drive and the XL1 and I would pay what we paid for it, not the depreciated value. Fish would kill me for saying that, but I think that is fair.” I guess Fish never knew that one either. Excellent.

10. Kim bought our way into a film festival. How you ask? Well, she was working for the Deep Ellum Film Festival and had some "auction bux". One of the auction items that night was acceptance of your film into the Santa Monica Film Festival (Deep Ellum Film Fests sister). We were already passed over by the SM Film Festival. No biggie. But Kim calls me very excited that she bought our way in. I didn't like it. I want anything I do to get in on its on merit not through a side door. I told her no but she eventually convinced me that the exposure would be good for us. It took a while but I agreed.

I actually feel sorry for her husband. He defended her through all of this without knowing all of the facts. He’s probably a good man that deserves much better than her in my humble opinion.

On a personal note to Kim if you read this: You did teach me one thing through this costly, drawn out, exhaustive process, never EVER partner with someone again. For that I thank you. Good luck on your way to the top!

From now on anything I work on will be a FriskeVision production. For me, this lesson learned is: Do not partner with anyone again.

“There’s one typewriter in Hollywood and a million copy machines” – Nipsey Russell

Here’s the original post:

Lights! Camera! Ac---, Wait (originally posted on August 10th, 2004)

Hi there,

A lot of people ask me things like "Are you working on any new movies lately?" or something to that effect.

The short answer is no.

The long answer is a bit more complicated and if you care to know the answer please read on.

About a year ago I decided that I did not want to continue with FriskeFish or remain equal owner of the company.

Kim and I talked and an agreement was made to dissolve the company. We would go our separate ways, no harm, no foul. That agreement was never followed through on so things became (and remain) nasty. Lawyers are now involved and it's a big drag. For those who know my divorce story it is NOT the same lawyer.

Every story has two sides, I have mine, Kim has hers. I really can't comment more than that at this point until things are completely resolved. When that will be I don't know.

It has soured my take (pun intended) on the movie process from a company point of view. Whenever reality yanks you back from doing something you love your view becomes skewed.

I don't like the business side of the process, I haven't from the beginning. I'd rather be behind a camera yelling at people, sitting in a dark editing bay or writing the next flick.

However, my distain (cool word eh?) is starting to diminish and I'm getting excited about working on the next project.

What is the next project you ask? I don't know yet. What I do know is that it will be something I write and not purchased or optioned, two words I hate when talking about this particular element of the "biz".

I have what I think are the beginnings of a couple of good scripts. I'll give you a one word hint about the probable next project: "BINGO!". There may be something in between so don't hold me to anything. If you know me, you already know this.

I haven't been in neutral for the past year or so, I've worked doing some contract video gigs here and there. I've recorded music for a couple of bands. Nothing terribly exiting, but they did help pay the bills. I did direct and edit a music video for the band "The Mermaid Purse". It should be online soon and it will be on their web site. It's a live style video synced to the original recording done in the studio. It was a 3 camera shoot at The Curtain Club.

From now on anything I work on will be a FriskeVision production. For me, this lesson learned is: "Do not partner with anyone again".

Bobby

3 Comments:

Blogger Carver said...

Hi Bobby,

I took so long trying to compose a comment I got timed out. So let's assume I said just the right things about your amazing photographs, how much I love Miss Melanoma's Site and how much I appreciated your comments on my blog. Also, I used to be a performing singer/songwriter until 2000 so found it interesting that you are a musician.

Take care, Carver

8:00 PM  
Anonymous Anonymous said...

Sounds like you got hosed. I feel for you. I am in the business too, and I have quickly learned I owe loyalty to only one person - and that is the person I see in the mirror each morning.

Just an FYI from one writer to another, it should be "synopses", in your sentence, "I’m no Hemmingway, but my scripts and synopsis are mine."

Well written piece. I'm going to bookmark your blog.

10:17 AM  
Anonymous Anonymous said...

... and "Hemmingway" needs to lose an M.

DAMN MY OCD!

10:18 AM  

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