MovieChat Forums > Être et avoir (2002) Discussion > Mr Lopez suing filmakers

Mr Lopez suing filmakers


This is taken from Total Film magizine:

"Georges Lopez is suing the filmmakers for a share of the profits. Given his saintly persona, it's souring to see Lopez reacting with such acerbity. 'I don't want charity' insists the 'star'. What Lopez does want is 250,000 Euros in compensasion for exploitation of his image. All eyes will be on the court case. It is after all, a tangeled question: just who is responsible for a documentary's success, the subject or director?"

From knowing this, does it taint anyones opinion of Lopez or the film itself?

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I think that it does not reflect badly on Mr. Lopez. Once the movie started to make money, i believe that it has a great deal to do with Mr. Lopez personally. I don't think that it taints the movie either. The movie makers and cast probably ahd no idea the effect this movie would have on its public, so the credit of "biggest grossing french documentary" was a shock. M. Lopez, and the rest of the cast for that matter, have a right to get some of that money. They were the ones that made the movie so enjoyable for me. Let JoJo in on the dough, his performance was great!
I really enjoyed this movie, maybe because i am a teacher, but also because it was a wonderful story about human relationships, compassion and consideration.

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[deleted]

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Well it appears it's true, and it saddens me.
It's not in the spirit if you see what i mean ...
A documentary is a portrait, the 'actors' get credit anyway and it's not a 'custom' to ask for money ... I guess noone is perfect ...

Here's a Q&A from the french paper 'le monde' interviewing Mr Lopez (for those who understand french):

"Q: Qu'est-ce qui vous a poussé à réclamer de l'argent ?
A: Avant la sortie du film en salles, les sociétés de production, de distribution, le réalisateur m'ont fait savoir qu'ils souhaitaient que je fasse la promotion du film. J'ai compris comment les choses allaient se passer et j'ai senti que les enfants et moi-même allions être oubliés. J'en ai parlé avec la distributrice qui m'a renvoyé sur le producteur. Celui-ci m'a dit qu'on en reparlerait. J'ai fait le travail de promotion avec la conscience professionnelle que j'avais en tant qu'instituteur."

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Give the money to Jojo! He is the real star of the movie.

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A translation of the Q&A from my Mac. Aside from the term "saddle jib crane" it's a mostly understandable translation:

Q: What pushed you to claim money?
A: Before the output of film in
rooms, the companies of production, distribution, the realizer let me
know that they wished that I make the promotion of film. I
included/understood how the things were going to occur and I felt that
the children and myself were going to be forgotten. I spoke about it
with the saddle jib crane which returned me on the producer. This one
said to me that one would speak again about it. I did the work of
promotion with the conscientiousness which I had as a teacher."

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This isn't about how much money the film made, but that he did promotions for the film. For me, this is above and beyond being the "star" in a documentary.

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What if the movie was a total failure? Would Mr. Lopez claim that it was his fault?

If he didnt have any agreement with the production, well, thats too bad for him. He's just being an ass here.

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And what if an overpayed actor play in a total failure movie ? Will this actor refund his salary ?

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true and if he signed the release form there's nothing he can do

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if the subject of a documentary is financially compensated for participating, is it still a documentary? don't they become actors in the film at that point?


"Wallace Beery. Wrestling picture. What do you need, a road map?"

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Wow, I just saw this movie and I find it hard to believe that such a patient, kind and caring man such as Mr. Lopez would demand payment for a documentary he agreed to be in. I would like to see the film company make a donation to the school in Mr. Lopez's name in good faith but in no way, shape or form is he entitled to any money for his involvement in the film. 7/10

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I believe the above (Tsunami3g) was George Lopez' point in demanding money. He feared that he and his students would be forgotten and he spoke to the studio about it (he seems to believe) in good faith, and then did the promotional work they requested.

Perhaps he fears that the students (because of the very wide distribution and popularity of the film) will deal with exploitation. The director (Nicolas Philibert) speaks of this in the interview included on the DVD; he says that the students will live with this and it was difficult to decide when they (the film crew) were talking advantage.

Also, Mr. Lopez dealt a great deal with the troubles of his students and may want to see some of the money given to them and their community. I don't think it's fair to assume yet that he is suing for selfish reasons as it already appears that the studio is unwilling to share in the profits of this film.

I might add that similar films highlighting rural schools (Not One Less) have had the agenda of practically helping these schools (or at least publicizing the issues facing them). Perhaps Mr. Lopez was dissapointed that the viewing public seemed more entertained than enlightened?

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Find out more, it's not about the production but the promotion. Different story.

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Well, Lopez lost the court case, just in case anyone was wondering.
In the meantime, unless you have an agreement to be paid in the first place, it's unfair to claim entitlement to it later, just because the film is a success.

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The cast and everyone involved in making a film should take a share of the profits. It's everyone's combined effort, not just one or two people.

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I completely disagree that documentary subjects should be include in profits. God forbid! Of course they characters have powerful parts to the movie success, but the soul of documentaries is the reality of them. Bring money into the mix and even if unintentional, they will become tainted. Imagine they'd agreed in advance to compensate the films characters - it would have completely jeopardized the integrity of the film.

I can completely understand thinking documentary characters worthy of compensation because of what they bring BUT to actually do so totally changes the vehicle from being a documentary. Doesnt make it less enjoyable necessarily but would deserve the honor that a true documentary deserves.

I even can understand Mr Lopez pursuing it realizing how he's missed out on the revenes. Doesn't mean he deserves them though.

Sun

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Clearly the situation is quite complicated. But to answer your question, it taints neither the film, nor Mr. Lopez, in my opinion.

An article from 'The Guardian':

Film's fallen hero fights on for his class

Teacher star of hit French documentary speaks out for first time after court defeat

Amelia Gentleman in Paris
Sunday October 3, 2004
The Observer

For a while, Georges Lopez was the popular embodiment of everything that was once good about France's teaching profession. The quiet authority he exercised with his pupils, as he guided them gently through the difficult lessons of childhood, evoked potent nostalgia for an old-fashioned approach to teaching. As the star of Etre et Avoir, France's most successful documentary, he became a national hero, lauded for his modest reserve and unmaterialistic dedication to a badly paid profession.
But this idolisation of Lopez ended abruptly when he announced he was to sue the film's producers for a share in the €2 million (£1.4m) profits. It seemed like a classic story of a newly created film star being corrupted by the pernicious effect of celebrity.

Speaking for the first time since losing his claim for €250,000 compensation last week, Lopez said he was not motivated by a desire for money, but was simply determined to win recognition of his rights. He said he and his young pupils had been exploited by the film's producers and had been left permanently traumatised.

Millions of people around the world were charmed by the pure vision of life in a one-class village school evoked by Etre et Avoir, which followed Lopez and his 11 pupils, aged between three-and-a-half and 12, over the course of a school year.

Given its tiny budget and extremely obscure subject matter, no one could have predicted the extraordinary success of the documentary, which went on to win one of France's most prestigious film prizes and attracted praise from reviewers internationally, from America to Japan.

But the atmosphere of calm tranquillity inside the village classroom, so beautifully captured by director Nicolas Philibert, began to sour as soon as the film was released, and has since disintegrated into an expensive and spiteful tangle of law-suits.

The families of nine of the pupils feel so strongly about their mistreatment that they have launched legal proceedings against the film's producers. Lopez learnt last week that he had lost his own claim, but plans to appeal.

'We were misled. The production company told me and the children's families that they were making a small documentary about the phenomenon of the one-teacher village school and that the film would be used primarily for educational purposes.

'They said it would have a restricted screening and never discussed marketing the film to make it such a commercial venture.'

He said the film's huge national and international distribution had had a very negative effect on the pupils. 'We had no idea that it would be in cinemas all over the country, released on DVD or distributed abroad. One child, who had been very stable and happy until the film's release, was so distressed by his unexpected fame, that he started wetting the bed, and became afraid of the dark.

'Other children have been teased at their new secondary schools because of their involvement. All have been subjected to a great deal of stress as a direct consequence of the film,' he said.

Lopez is relaxed about his fall from grace in the minds of the public. 'The media like to burn tomorrow what they adore today. Worse still, it's not socially acceptable for school teachers to seek money. I'm meant to live a quiet life in the countryside, eking out a reclusive retirement on my meagre pension. It's a cliche, but that's how people think,' he said. 'I think a lot of people haven't understood what's motivated my legal case. I'm not doing this for the money, I'm simply trying to make the film company recognise my rights.'

Supported by fellow teachers, friends and the families of most of his former pupils, Lopez went to court last week to argue that he deserved payment for the use of his voice and his image in the film. His lawyers said he should be credited as 'co-author', in recognition of his enormous contribution to the documentary, and that he should also be remunerated as an 'actor'. Lopez claimed that his teaching methods recorded in the film were his own intellectual property, and so he deserved to be compensated for their dissemination. On Monday, a Paris tribunal ruled against him on each count.

Roland Rappaport, lawyer for the director, argued that the film was much more than simply a homage to Lopez's professional skills. 'Clearly a film just about the teaching methods of a village teacher in rural France wouldn't have had the extraordinary international success Etre et Avoir has had,' Rappaport said. 'The film worked because of its portrayal of an entire community. ' While no one disputed Lopez's immense personal appeal, he was nevertheless not the creator of the film, Rappaport added. 'The Mona Lisa did not paint the Mona Lisa.'

The court also ruled that Lopez's presence at the Cannes film festival and his repeated public expressions of satisfaction at its success, represented tacit acceptance of the use of his image.

The case rapidly became a discussion of what constitutes a documentary, focusing on the central question of whether the subjects of documentary films can ever receive payment for their participation. The film-makers' lawyers took the broader argument that 'reality should never be paid for' and that to compensate Lopez would create a damaging precedent, and would also lead to the 'death of the documentary - economically and spiritually'.

'By paying the subjects of the film, you change the relationship entirely. The director then gets the right to tell them what to do, to advise them on what to say, to film things over and over again. You leave the sphere of documentary behind and it becomes reality television, or even drama,' Rappaport said.

He added that documentary budgets usually didn't stretch to paying subjects but agreed that Etre et Avoir was something of an exception because of the huge profits it made. This was why €15,000 had been donated to the school and Lopez was offered a one-off payment of €37,500 for his role in promoting the film, but he refused to accept the money, preferring to pursue his legal action.

He is also supporting the separate actions by nine of his 11 former pupils to win €20,000 each in compensation.

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Thank you for sharing that article. It was very informative :)

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You are totally right this is a very complicated topic. I have just ordered the DVD of TO BE AND TO HAVE through Amazon. I liked it very much, and I did not know that Mr. Lopez had sued the filmakers.
I believe that the movie will be lovely no matter the business situation that you are very well describing and supporting by articles of The Guardian, etc.

Mr Lopez has the right to sue as any of us has, specially if this documentary is making lots of money. It is not fair that Mr. Lopez who is the main actor
and true life teacher can not get his share, it is selfish not to consider him now, but to have considered him when the budget of the movie was tight.
They (filmakers) have to give him credits, finantially and morally.
And about the families they have also a share for their kids, the kids that are
main actors in this movie.

I am very surprised that Mr. Lopez lost his suit but I am sure that when he appeals he will win this time!
Please keep us informed.

Thanks,

Alicia

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Update? What happend?

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"'By paying the subjects of the film, you change the relationship entirely. The director then gets the right to tell them what to do, to advise them on what to say, to film things over and over again. You leave the sphere of documentary behind and it becomes reality television, or even drama,' Rappaport said."

I wonder how the world distribution of the film will affect reality. And how an entire film crew act on the reality it portrays... Old issues, right...

Seems it got marketed as some kind of fast food of forgotten values of distant rural areas - for 104 minutes i live this, it's so pure, kind of like an 8 hours lsd induced religious experience... And it's recorded for posterity, frozen. I can hit replay when i want and have a pure real sensation every time. Who cares about rural villages anyway... Let them freeze in memory as the movie. Da Vinci earned his money fair and square.

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it was a great film.i thought the children and mr lopez were great in it.its a pity theyve beocme so greedy about the films success.in future(if there is any) perhaps they will negotiate money etc BEFORE signing a contract of this type

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i think a lot of people here seem to be misunderstanding the reason that mr Lopez and 10 out of the thirteen parents are suing.
firstly they were told that the film was only to be used for educational purposes- so they were clearly misled. and secondly, the parents argument was that their child was explioted and embarrased infront of millions of people when they were told that it was not going to have a commercial release. many of the parents claim that the children (some going into middle school) are being bullied because they are seen breaking down and crying.
i dont think the suing takes anything away from it being a great film, but it is so wrong to say that these people are being greedy, they were clearly mis-led and i think that a lot of the children were exploited. and a big questions is whether it is fair to exploit a child who didnt have any say in them being in the film in the first place.

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I think it definitely reflects poorly on Mr. Lopez. The film is called To Be and To Have - a statement about being humble. It's meant to be a humble film about a humble teacher, and this is the complete opposite of how the film depicts him.

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