What the hell is going at “ThinkFilm”?
We’re not going to list the endless stream of lawsuits facing David Bergstein — The Hollywood Reporter does a good job of running it down — but we will say the guy has Alec Baldwin sized brass balls that despite accusations of not releasing films, not paying filmmakers, fraud, breach of contract, false promises and negligent misrepresentation he was still hustling and masquerading down at the AFM last week under the banner Pangea Media Group.
Why? Well, it appears he’s actually lost the rights to use the name ThinkFilm, yikes.
Last year, Bergstein was the subject of a pretty unflattering NY Times profile chronicling his horrendous money-owing habits and then the L.A. Times dropped their own piece with a ton of insurmountable evidence as to why he was being sued for fraud (though he casually tried to play it off).
Listen Bergstein, there are easier ways to make fast money and rip people off than in Hollywood like…actually, you might be on to something there.
ThinkFilm is the indie wing of Capitol Films (which is just as fucked) and their money issues are part of the reason why David O. Russell’s “Nailed” was never finished and has not yet been released, but there has been recent talk that it could come back to life. However, unless Capitol/Think sells it off, we’re doubtful it’s going to see the light of day on its own.
I'm beginning to think that "Nailed" might come out after all, and here's why…
According to that November 4th THR article, Bergstein seems to have lost the rights to several of his unreleased "slate" like "Love Ranch," "$5 a day" and that Tony Kaye film because they defaulted on the original loan/agreement with Aramid Entertainment.
The only film he hasn't seemed to lost the rights to is "Nailed" and that's probably because it wasn't part of the original financing deal (remember that Bergstein had to line up all new financing when that film initially shut down), therefore he incurred a whole different debt for that one.
Despite losing the rights to the other films though, he continued to sell them (or attempted to sell them) at AFM. So that's the part about "illegally distributing a film" or however they put it.
But given the circumstances, it's possible that "Nailed" might be released after all — because it's literally the only unreleased film that Bergstein still owns.
I doubt that the film, which never was finished, will get a proper theatrical release, but I can see Bergstein dumping it on video hoping to make some money — ANY MONEY — off of it. After all, Gyllenhaal has a couple of big time films coming up which will bring him attention.
Is Bergstein so low that he would cut together an unfinished version of Nailed and release it on DVD, against the wishes of the talent involved?
Ya, exactly!
Dumped to DVD isn't much of a release, but yes, that might happen and we said so in our last piece on this matter.
it's so easy to take shots at somebody. Getting all the accurate facts and gaining a true picture of the situation would require some real digging and work. It's easier to just take shots…..There are many people and companies that have been caught up in the credit crunch….just one more victim
If "balls " means total fraud then sure he has balls . Getting the facts on this wrecking ball of a "producer" is easy , follow his projects and you find unpaid bills , talent being lied to and borrowing against properties he didn't own . I personally know of several times he held back money on films being shot until he could get directors to cut their fee and in one case put in their own money ( after the fact , is like holding a film hostage ) . Check out who is , has sude and won damages from him that he still hasn't paid . I can't think of a worse element in independent film then David Bergstein , jobs were lost and projects ruined . Getting the facts is easy not letting him work in this business seems difficult when people with a project want to trust he can help them . For any movie he has gotten made it was at the expense of another movie that suffered . I hate when bullshit gets called creative and lies are equated with "balls" .
Anon, did you ever read that piece?