Makeover

I’m going to probably be in a makeover show that “airs” online.  As in I’ll be getting a “style makeover” on air.  So that’s interesting.

Sam Saboura is the host apparently.  I don’t know much about him, if anyone has thoughts, let me know.  Though I’ll probably have thoughts as of tomorrow.

Yes, the show is about people with problematic body types.  Hooray being problematic enough to get cast?

The other thing that I thought was funny was that the show is for AOL productions, but the producer type in touch with me has a gmail address.

PitchQ Pitch; Will not acknowledge being embarrassed by my speaking voice

http://www.pitchq.com

If you go here, there is a little place that says GuestCode where you can put in the following: thx1138  This will take you to my pitch, which you can then watch and rate.

You can also mock my marginal public speaking skills and how weird the pitch of my voice is in real life versus how it sounds in my head.  I mean, you don’t know that, but trust me.  I will also not talk about how I blink one eye more than the other and talk about of one side of my mouth more than the other.  Because, you don’t care.

Also, check out the face I’m making in the still frame.

-_-;;

Back to our Regularly Scheduled Programming: Pitching, Zombies, Glee and Otters

So, I have actually had a good couple of days.  I had a pitch with PitchQ.  They’re a service that records your pitch and posts it online.  I submitted a pitch to a specific call and got to go in and record it without paying the usual fee on the website.  It was a really great experience.  The guy behind the service is really cool, supportive, and open about the process.  He says they accept about 2-3% of the pitches they receive, and then have about a 1% success rate.

He also said if you’ve written a zombie script, you’re in.  Which reminds me that I have that zombie idea that I keep meaning to write about.  It’s actually web series in my mind — but maybe I could Love Actually that thing up.

And I found out last week that I got a promotion — I’ll now be Lead AE on a full season of a reality show, which is exciting.  It won’t start until February, but it’s a decent raise, and an excellent job.  I’ll even get to edit the webisodes, which I am stoked about.  Because I have a strong attachment to the idea that the web is the new distribution method… as soon as it figures out how to do that.

I also watched the entire first season (so far) of Glee.  Which I love.  Like, I want to work on that show because it is everything I love: musical numbers, awkward high schoolers, comically over the top bad guys you love, and occasional really touching and honest moments.  Also, the gayness.  The only thing that would make it better would be otters.

Eddie Kritzer Cont’d Again

Retaining the fidelity of the font:

“Really how nice of her, all her comments (according to my attorney are libelous.”

—-

Excerpted from Expert Law:

The most important defense to an action for defamation is “truth”, which is an absolute defense to an action for defamation.

A defense recognized in most jurisdictions is “opinion”. If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation.

A defense similar to opinion is “fair comment on a matter of public interest”. If the mayor of a town is involved in a corruption scandal, expressing the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.

A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.

Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with “actual malice”. In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.

The concept of the “public figure” is broader than celebrities and politicians.

A person can also become a “limited public figure” by engaging in actions which generate publicity within a narrow area of interest. For example, a woman named Terry Rakolta was offended by the Fox Television show, Married With Children, and wrote letters to the show’s advertisers to try to get them to stop their support for the show. As a result of her actions, Ms. Rakolta became the target of jokes in a wide variety of settings. As these jokes remained within the confines of her public conduct, typically making fun of her as being prudish or censorious, they were protected by Ms. Rakolta’s status as a “limited public figure”.

While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea.

The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.

Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true.

In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.

—-

Everything I’ve written is either an opinion or Statements made in a good faith and reasonable belief that they were true and accurate portrayals of my encounters with Eddie Kritzer.  He is a public figure who has behaved badly in public space.  He has a terrible reputation, which I’ve established on this site.  This is a fair comment on a matter of public interest; it is my opinion that the other people publicly accusing him of mistreatment are being honest.

Obviously it is not possible for everything I’ve said to be libel, and since he will not be specific, I can only assume it’s because he is trying to bully me into not telling the truth.* *this is an opinion.

Eddie Kritzer Cont’d

His response to my email: “Which incorrect blog are you talking about?”

Boy does this say a lot.  I think he just saw my blog and sent me a blanket threatening e-mail that he sends all blogs that say bad things about him.  And there are quite a few*.  Which makes sense, since nothing in his e-mail actually applies to me or our discussions.  In other words, he saw a blog saying things about him and sent the e-mail without bothering to figure out what his behavior towards that person had been.

To be more specific: He never offered me notes on my story.  He asked for a $600 advance to just read it.  I told him that was against the WGA policy for Agents and Managers, and not something I was interested in.  I told him over e-mail and phone.  He called me again, and again I explained to him I was not interested.  So, telling him I was not interested did not end the phone calls.

As for credibility and credits, I’ll let his words speak for him.  And this page can speak for me.  Take whichever side makes more sense.

* Just do a Find search on Eddie Kritzer or Scam on any of these pages:

http://www.thoughts.com/forums/showthread.php?t=1739

http://leegoldberg.typepad.com/a_writers_life/2005/02/youd_think_anyb.html

http://207.5.19.9/boards/showthread.php?t=40257

http://messageboard.donedealpro.com/boards/archive/index.php/t-33766.html

http://www.absolutewrite.com/forums/showthread.php?t=32362

http://answers.yahoo.com/question/index?qid=20090608123451AA80wfq

http://www.writers.net/forum/read.php?f=10&t=1547&a=1&

Further Harrassment from Eddie Kritzer

Hi Ashley,

I’m another Ashley Miller and I just got this harassing email from a guy named Eddie Kritzer, who seems to think my email address is yours.  I did a search and came up with your blog, which was where I found your correct email address.  Anyway, I thought I should forward this to you…
Good luck with your screenwriting–and it’s always nice to meet another Ashley Miller–
Ashley

I read your post, and it’s totally inaccurate, I am a producer with five number ones to my credit, all documented in ImdPro.com.
I never sent you an agreement to be your manager; IM not an manager; or an agent; but a consultant.
My last movie was The Nuremberg Secrets, from The book The Nuremberg Interviews; Knopf Press.
Your an amateur; and a joke, and I wanted to see if you were serious; a real writer would never sink to using the word “Asshole”
I have many submissions from amateurs like yourself; you say your an editor; and writer; what have you ever written; the answer is nothing ?
You work for a “reality TV” company, then where are you contacts; perhaps, your just not that competent a writer; and you dont have a compelling story.
My partners have been Bill Cosby, Art Linkletter, Christina Aguiera, Ed McMahn, Aaron Spelling, Budd Friedman, what have you ever done; have you ever had a show on ABC, NBC, CBS, FOX, USA, MTV, A & E. PLAYBOY, well I have, and IM informing my lawyer of your post, and if it’s not immediately taken down, your statement will be actionable in a court of law.
If I dont have written confirmation, my lawyer will take action. That means you will have to hire an attorney to defend yourself.. (that costs money)
Anyone can say anything on The Internet, even a person with no talent; no connections; who is searching the Internet, begging for someone to read her writing, (Like you)
By the way, all you had to say was you were not interested, but you submitted a lame story, that I tired to help you with.
I guess no good dead goes unpunished………you have no credibility; no credits; your totally unproven.
“Me doth think you protest to much “?

You sent your e-mail to the wrong person.  She was kind enough to forward it along to me.

Please tell me which parts of the post exactly are incorrect, so that I can retract them formally on the blog.

Thank you,
Ashley”

Eddie Kritzer: Leave me Alone

I have, for the past TWO MONTHS been dealing with this asshole Eddie Kritzer.  I sent a pitch in response to a Craigslist posting, which turned out to be to this guy who called me and said that he wanted $600 to read my script.  As in, he liked my pitch and therefore wanted me to sign an exclusive contract with him as my manager before he even read the script.

1. Real managers and agents read scripts before they sign contacts

2. Real managers and agents don’t charge you to represent you

He says it’s just an advance.  But the thing is, the only thing he’s ever sold or published appears to be through vanity press outlets; there are no movie deals on even his own factually dubious page.  All of his credits are really old and not terribly impressive.  He apparently has some connection to Bill Cosby, which I guess was impressive some time before I learned to talk.

He was also involved in a major, major scam called Edit Ink. It basically scammed writers out of money and gave commissions to “agents” that referred writers to get scammed — “agents” like Eddie Kritzer.

He keeps sending me e-mails and calling me, he will not leave me alone, even though I have REPEATEDLY told him I was not interested and told him REPEATEDLY that everyone I know in the industry told me HE IS A SCAM.  And on top of that he is a jerk on the phone and can’t be bothered to introduce himself, remember your previous conversations, and he mispronounced the word “bible”. Really.

So, just to be perfectly clear here, what it appears he does is troll Craigslist and then harass and bully people into giving him money.  That’s certainly what he has been doing to me.

I hesitated from posting anything because I’ve seen him threaten other bloggers who are honest about his behavior and I didn’t want to get into it, but other people need to know exactly what this man is doing to me. And if he comes here to defend himself I will simply add that to the list of things he is doing to harass me.

EDDIE KRITZER: LEAVE ME ALONE

Here is his contract:

Literary Management Agreement
1. By this agreement, Ashley F. Miller(Author) appoints Eddie Kritzer (E.K.) as her literary representative. E.K. agrees to use good faith efforts to place Author’s , manuscript/script, currently entitled BIBLECON ” (Work)and subsequent (hereafter “Work”),with a Publisher , Studio, Production Company, , , Television Network for a film/book. etc acceptable to the Author and to exploit and turn to account such other subsidiary and television and film rights in and to the Works as may be appropriate under the circumstances. We may use and/or employ subagents and corresponding agents for such purposes. E.K. shall make no agreement on the behalf of the Author without the Author’s written approval.
2. In return for services rendered E.K. in connection with the Work, Author agrees to pay and irrevocably authorizes E.K. to receive in its name, all monies due to or to become due to Author and to retain as its commission fifteen percent (15%) of all gross monies payable to Author . An advance on commission of Six Hundred Dollars ($600.00) shall be paid on the execution of this agreement.
3. In addition to the aforementioned commissions, E.K. shall be reimbursed for the expenses incurred on behalf of the Work (not to exceed a total of $100 without written permission), including photocopying, messengers, cables and overseas postage in connection with submissions for sales, both foreign and domestic, long distance telephone calls, copies of the published book when purchased by the E.K. for subsidiary rights submissions, and other similar and related charges. E.K. shall invoice author quarterly for such expenses or deduct same from funds received by E.K. for Author’s account.
4. E.K. shall provide a quarterly itemized account of all expenses to the Author and no expenses shall be due and owing until that itemized account is produced.
5. All funds received by E.K on behalf the Author shall be held in Trust by E.K. and E.K. shall exercise a fiduciary duty with regard to those funds and on behalf of the Author.
6. The Author shall have the right to an annual audit of the financial books and records of E.K. with regard to the Author’s account and E.K. shall produce all records relevant to the Audit. E.K. shall give the accountant conducting the audit access to all financial books and records relevant to the Account. The Audit shall take place at the principal place of business of E.K. unless the parties agree to a different location.
7. Any written notice called for by this Agreement must be sent by registered U.S Mail, return receipt requested, or by FedEx, DHL or UPS overnight courier to the addresses set forth in this Agreement.
8. This Agreement represents the complete understanding between the Author and E.K. and supersedes any prior oral understandings and may not be amended except in a writing signed by the Author and E.K.
9. This Agreement shall be construed under the laws of the State of California.
10. This Agreement is effective on the date of the final signature.

And an official opinion on it:

“Putting on my former lawyer hat (practiced corporate entertainment law for many years, law degree from Harvard, former VP of Legal Affairs for an entertainment co, former director of legal services @ NY’s Volunteer Lawyer for the Arts – just providing creds to let you know that I have a lot of experience in this sort of thing), NEVER pay some dude to read your script as an advance on his future manager commissions. This is a scam – you’ll never hear from him again. Real management agencies won’t ask you to pay them – where’s the incentive for him to do anything? And there’s no term, no ability for you to get out of it — I have too many comments on this management agreement to post in a small space. But needless to say, it’s something you shouldn’t sign.”

ScriptShadow; Top 100 Loglines

You may or may not be familiar with the site ScriptShadow.  It’s a very interesting site that is essentially a collection of reviews of screenplays.  It’s, if nothing else, an excellent crib sheet if you’re ever asked to do coverage.  And it’s also just plain old interesting.

In any event, Carson over there is holding a logline competition.  For giggles, I entered.  And, having almost totally forgotten I did, today I discovered that I’m in the top 100/~1000.  Also, people mentioned my script in the comments.  Double yay!

http://scriptshadow.blogspot.com/

FIRST PLACE – A review on Scriptshadow, which will likely garner (but not guarantee) requests from agents, managers, and producers.

SECOND AND THIRD PLACE – Second and third place finishers will have their loglines posted on the site, as well as a contact e-mail, in addition to receiving coverage from me.

Delinquent

I’m sorry I’ve been so lacking in interesting things to say.  At the moment I’m just showing up to work and trying to write a business plan.  I’m doing a slight re-write of my Nicholl Script, “Bible Con”.  I’m hoping to have it and a new script ready to send to Nicholl this year.

So, I dunno, not a lot going on.  I’m about to start working on editing a short, but I haven’t actually started yet.  I spend a lot of time trolling the internets for jobs.  Yeppers.

Otters

Too Cute

Freedom Costs a Buck Oh Five

I think I’m probably not very good at this patriotic Veteran’s day thing.  But then, I listen to Trey and Matt too much.