The Last Act: To the 12th director who chose to disappear
In the light of all the accusations
that Shilpa has chosen to make in the “Open Letter”, we would like to state the
process we went through in this journey to The Last Act.
We had opened a “Contest” for
Project 121212. It was not a commission made to anybody. Everybody was working
for the brand Royal Stag Mega Movies. We created this platform for Large Short
Films. We have showcased and promoted more than 80 short filmmakers in the past
3 months. We have premiered their films, produced independent films and
promoted them on our site, with the brand’s promotional budget without any
revenue stream from these films whatsoever. Anurag Kashyap, Sudhir Mishra and
Showhouse had been commissioned a job to create and promote independent short
films.
When we announced Project 121212,
we got more than 600 showreels from across India. Anurag, Sudhir and Chakri
chose 52 film makers from that list. Finally the 12 were chosen from there.
Shilpa was the only one woman to be chosen in the final 12. So what is her
grudge? Should we have a quota in such contests? Or should we apologise for
choosing her? Or she is upset that she was chosen in the first place amongst
all the men? We don’t understand the point.
Then the 12 filmmakers were sent a
plot written by Anurag Kashyap. This seed plot was sent to all the 12 filmmakers
with the contract. Yes… the contract stated that the filmmakers could not
coordinate with each other. Shilpa has a grudge with that too. But if she did
have a problem with that, why didn’t she voice that, when she signed the
contract?
We promised Rs 75,000 to all the
filmmakers for making a 10 minute film. Isn’t it fair that an advance is paid
and the balance is paid on delivery? Isn’t that how the whole industry works?
Or any industry for that matter? So we paid Rs 30000 to each filmmaker as an
advance. The balance to be paid after the film was delivered to our
satisfaction… because this is a contest. And we haven’t commissioned an
independent individual short film. It has to fit into the larger story.
Each filmmaker, including Shilpa
had signed a contract, which categorically mentioned all these terms and
conditions. A filmmaker from Bengaluru was shortlisted as the top 12 but opted
out on day 1 as he felt he could not participate under such conditions. We
accepted his resignation and appointed the next in the shortlist. If she had a
problem with the terms and conditions of payment, why didn’t she choose to opt
out? Why did she sign the contract? What was the carrot? We were transparent
from the beginning.
Once the scripts came to us, we had
to make changes in all the scripts to match it to the climax, which Asmit was
directing. These changes were sent to all the filmmakers with the entire
script. So Shilpa knew the changes she had to make to fit into the larger
picture, because this wasn’t a stand-alone short film.
When we received the films after
the shoot and edit, we matched it to the shooting script. 3 scripts had
deviated from the original script. Shilpa’s was one of them.
On 21st November:
We wrote to all the 3 filmmakers
about the changes that need to be made to be part of the collaborative project.
Apart from Shilpa, both the other filmmakers agreed to the changes, we
discussed and finally added some portions to the film. They got the same time
to make the changes that the others got. But she got back and said that she
didn’t have time to shoot the additional portions.
On 22nd November:
We offered to shoot her portions
that were required to complete the film.
On 23rd November 2012:
Shilpa got back to us through an
SMS where she sent her actor’s number and the contact for the location in
Bangalore where she shot, and gave us the permission to shoot. Interestingly,
all the filmmakers were supposed to base their stories in the city they were
chosen from. Varun Chowdhury shot in Hisar. Kabir shot in Chandigarh. Anurag
Goswami shot in Lucknow. Tathagata shot in Kolkata. But guess what? Shilpa is
from Mysore but shot her film in Bengaluru. But then there was no legal binding
so we couldn’t say anything.
On 22nd November:
As per our discussion with Shilpa,
we spoke to her actor and her location to organize a shoot in Bengaluru.
On 23rd November:
A day later we got a mail from
Shilpa telling us that she didn’t want to be part of this project as we were
making changes in her script. But even in her mail, she asked if she would get
paid even if we didn’t use her film. Obviously, the contract didn’t allow us to
pay her if she didn’t complete the film. So is it wrong a reject a film based
on quality in a competition? Or even after signing the agreement are we supposed
to accept the film even if it doesn’t fit into the larger picture? No one is
acting God in this. We are just playing by the rules. Everybody was doing that,
including the other 11 film makers.
Here is an excerpt from her mail:
“If
you want to reject my work please let me know.
If you
want to shoot and add a prelude to my work please let me know.
If you want to not pay me or pay me please let me know.”
While we went ahead and changed our
plan to get in the 12th director, everything went on peacefully till
Shilpa sent is a legal letter to invoke the arbitration clause.
The legal letter reached us on:
December 1st, 2012
She waited for almost a week before
she us the letter. Surprisingly, it was the same time when we announced the
theatrical release of “The Last Act”.
We took a couple of days to consult
our lawyers and got back to her yesterday with an offer to pay her the balance
Rs 45000 and end the matter as we had already gone ahead with the film without
using her segment.
We spoke to her lawyers on 10th
December afternoon and decided that we would pay Rs 45000 and waive off any
rights on our copyrights to her film. It was silly on our part… why would we
pay her the full amount and still not acquire the rights? Then what are we
paying her for? Secondly, she wrote in her legal notice that she spent more
than 1 lac for the production of her film. She knew from day 1 and she had only
Rs 75000 to work with. If she over shoots her own budget, who should be
penalized for it? The producers or the director? Or is that also our fault?
We spoke to her lawyer and they
said we should increase our payment to her by Rs 5000. To cover her legal
expenses. So she “threatens” to sue us. A day before the release (haven’t we
heard that before?) and then wants us to pay for her expenses. And again, we
complied. This morning, we paid her Rs 45000 (after TDS) and Rs 5000 (For her
lawyers… who does that?) Her lawyers sent us a letter last night, stating that
if we pay them before 12 noon, they won’t sue us!! We paid her this morning.
Then she posted the “Open Letter to Anurag Kashyap”. After getting paid. Is
that legal?
An excerpt from her lawyer’s last mail to us after we have paid
Shilpa in full despite not using her film in “The Last Act”. So we have paid.
We hand over the copyright. What else now?
Dear
Mr.Das,
Thank
you and Showhouse for your cooperation and reimbursing the expenses.
However
in furtherance of the legal communication sent to you yesterday, kindly
acknowledge that Showhouse has no copyright on the film "Sleep"
directed by Shilpa. Pls also dispatch a hard copy of this letter to Ms.Shilpa's
postal address.
Only
once you do the same we will be in a position to withdraw our application
before the courts in Karnataka.
After
withdrawing the same, we will send you a scanned copy of the order sheet.
Best
Regards
Sunayana
Now she is mocking Royal Stag Mega
Movies LSF, Showhouse, Anurag Kashyap, Abhijit Das and Asmit Pathare.
She is mocking Anurag who was
generous enough to offer her something this morning. He told her (through
Abhijit) that though her film can’t be part of the collaborative feature film,
LSF will release her film individually. We offered to fly her down tomorrow for
the premiere and make that announcement to the media. We wanted to appreciate
her film even before she posted the “Open Letter”… No Shilpa, we were trying to
be fair. Unlike what you said in your last mail… we didn’t malign you one bit.
You did that. We didn’t even announce that your film wasn’t accepted. We
graciously moved on.
Shilpa asked Abhijit not to call
her directly. We should speak to her lawyers. And that she doesn’t want
anything to do with LSF or Anurag Kashyap. So we spoke to her lawyers and
informed them about the “Open Letter”.
So here we are:
-
We paid Shilpa her entire amount and some more
for her legal expenses. For a product she didn’t deliver.
-
She has also retained the copyright for her film
after graciously accepting the payment (she has stated this in her blog
herself. Guess that’s legal.)
-
She has breached a contract by announcing in
public before the release.
This is her mail to us, after she had already published her “Open
Letter” on the internet. And hoped that nobody would read it? So what was the
point? She just wanted money for work she hadn’t delivered? So she withdrew the
case on the payment? So she doesn’t feel so strongly about the female
inequality anymore? Or that got solved the moment we paid up? What about the
integrity of not being part of an unfair project? It becomes ethical on a
payment of Rs 75000? That’s a pretty flimsy stand to take after writing an
“Open Letter to Anurag Kashyap”. One could have just asked for the money.
----------
Forwarded message ----------
From: Shilpa
Munikempanna <shilpa.munikempanna@gmail.com>
Date:
Tue, Dec 11, 2012 at 7:27 PM
Subject:
Re: Open letter to Anurag Kashyap
To: letters@thehindu.co.in,
editor@openmedianetwork.in, editor@tehelka.com, editor@expressindia.com, ttedit@abpmail.com, letters@hindustantimes.com, ratnam@intoday.com, submissions@outlookindia.com, toieditorial@timesgroup.com, editor@deccanmail.com, editor@the-week.com, editor.thecaravan@delhipress.in
Dear
Sir/ Madam,
Today
morning the Large Short films and Showhouse have approached me and agreed to
reimburse the expenses. They have paid the reimbursement today and also have
agreed to assign all the copyrights to me.
Thus I
do not want you to publish the attachment "open letter to Anurag
Kashyap" as the Mr.Anurag Kashyap and LSF along with Showhouse has already
reimbursed me today and has agreed to assign the copyrights. Though I am yet to
receive a confirmation email, I do not want this letter to be published any
more.
Thanks
Regards
