| The Marketing of Ground Zero |
| The attached affidavit was composed on August 17, 2002 and still remains the only official timeline dealing with the marketing and promotion of this project following the disaster at the World Trade Center on 9//11/01. |
| Information included in this document is supported by contracts, various letters, as well as email correspondence among all parties. Additional notes and comments, which were written after August 17, 2002, are intended as clarification and explanation. |
| Now that the exclusive representation agreement between Amy Steelman/Lou Angeli and Paradigm Three Productions of Oakland, California has lapsed, I am free to disclose the nature and terms of that agreement, which essentially prohibited me from engaging in any form of television or video production until now, March 2004. |
 |
| Louis Peter Angeli April 2004 |
| August 17, 2002 |
| This commentary recalls details and information regarding recent licensure of video footage recorded at the World Trade Center disaster, referred to here as 9/11 footage. License was made to Fox News Channel, LLC in early August via contract between Amy Steelman and Fox News Channel.(FNC). |
| (1) Amy Steelman represents a number of videographers, who recorded the 9/11 disaster for documen-tation, information and training. None of the videographers are affiliated with municipal or government agencies in their role as documentarians. |
| (2) On February 2, 2002, Amy Steelman entered into a non-exclusive agreement with Stephen Spak, a self-employed photographer who specializes in firefighting video and photos, specifically in New York City. The purpose of the agreement was to represent Mr. Spak�s 9/11 footage � along with that of other photographers � to television broadcasters. |
 |
| (3) In March 2002, Amy Steelman and Lou Angeli entered into an agreement with Paradigm Three Productions, to develop television and motion picture programming dealing with 9-11, using footage recorded by the couple and based on their combined daily journals. Promotion was headed by Ms. Linda Pulver of Paradigm Three, from her offices in San Francisco and Oakland, California. |
| (4) Since March 2002, Ms. Pulver has scheduled a number of face-to-face interviews between Steelman and Angeli and various network executives. These include ABC Television, HBO and Dateline NBC. It is noted that Ms. Pulver had informed Steelman/Angeli � as well as Mr. Spak � that the trio were represented by the William Morris Agency with Paradigm Three serving as agent of note. There were never any official contact with WMA � nor were any contracts signed. |
| (5) Prior precedent: Although Mr. Spak�s footage is very unique, all of it had been previously licensed to both NBC Television and HBO Motion Pictures for various 9/11 projects. It is our understanding that non- exclusive license for both broadcasters was granted for a one time fee of $5,000. Length of term � and conditions � are unknown, but Dateline continues to use Mr. Spak�s footage outside of its intended venue, �The Miracle of Ladder Company #6.� |
| (6) Prior precedent: During the World Trade Center disaster, Ms. Steelman and Mr. Angeli licensed select clips of their own footage to both CNN and CBS News. This footage was used to illustrate rescue activities at Ground Zero and was limited to on-air discussion with the couple. Both CBS and CNN performed due diligence in determining Steelman/Angeli credentials by checking with the Kennett Fire Department, Kennett Square, PA. Select clips were also provided to local Philadelphia and Wilmington (DE) newscasts to promote two local firefighter/filmmakers who were producing a documentary dealing with the response to the 9/11 disaster. Six of those features were produced at Kennett Fire Department, and included images and interviews with members and officers of that department. |
| (7) Pro-Bono Usage: It is our understanding that Mr. Spak�s footage has been dubbed and provided to the Fire Department of New York as historical documentation. Steelman and Angeli have also delivered complimentary copies of their complete 9//11 footage archive to FDNY, The Federal Emergency Management Agency, NYPD Special Operations, Port Authority PD and National Institute for Standards and Technology. FEMA uses this footage for training and documentation, while the NIST is using the material in its continuing investigation into the collapses of the World Trade Center towers. |
| (8) During the course of the arrangements, CBS reportedly paid $4 million to French filmmakers, the Naudet brothers, for their footage � AND STORY � of the collapse of the WTC and the moments immediately following. We know that Ms. Pulver used that same $4 million figure as a benchmark for her negotiations with various networks and producers, specifically ABC. |
| (9) In June 2002, ABC Television, through its sub contractor Radical Media LLC, offered Ms. Steelman $5000 for exclusive use of all footage that she represented. The scenes were to be incorporated in the ABC first anniversary retrospective, �Report from Ground Zero�, scheduled for September 2002 release. Ms. Steelman rejected the offer and materials were only returned following a visit to the offices of Radical Media in Manhattan. |
| (10) Also in June 2002, Mr. Thom Bird, Executive Producer for Special Projects at Fox News Channel made a request through Paradigm Three to view samples from the combined archive, and requested a meeting with Steelman/Angeli in New York City. This call was made directly to Angeli based on rolodex information that FNC had compiled during the 9/11 event. |
| (11) After initial phone discussions, Ms. Pulver was asked to take over negotiations with FNC, and it was learned that the network was interested in a turn-key two-hour special for air on September 11, 2002. Based on the contractual agreement with P3, that firm would be the production company of note, and would provide its California based crew, who would be housed in New York City throughout production. After a week of discussion and planning, the first figure presented to Fox News Channel by Ms. Pulver was $350,000. Fox declined noting that certain criteria prohibited the network from purchasing completed programming from outside agencies. |
| (12) In a second request, Mr. Bird asked for a quote to license footage (only) from the combined archive for use in the development of various timeline stories, which would be produced by Fox employees for Fox air. Ms. Pulver responded with an estimate of $150,000, which was immediately rejected over the telephone during a conference call. |
| (13) Mr. Bird the approached Steelman/Angeli regarding license of a select 1-hour reel of 9/11 material from the combined library. During a conference call, which included Bird, Pulver and Steelman/Angeli, a non exclusive one-time license fee of $10,000 was proposed by FNC. Ms Pulver�s comment was �Go for it!� A decision was made to split revenue between Steelman/Angeli and Spak. During the conversation Mr. Bird noted that previous licenses issued by Mr. Spak were for $5,000, and that FNC�s offer of $10,000 was �very generous.� |
| (14) During the last week of July, Ms. Steelman entered into an agreement with FNC and delivered composite broadcast reels for duplication by FNC in New York City. Following delivery of the materials, 50% payment as forwarded to Ms. Steelan via overnight delivery. Although a stipulation in the agreement demanded that originals be returned within 48 hours, FNC actually had possession of the reels for 10 days. |
| (15) Sometime during the last week of July, Ms. Pulver notified Ms Steelman and FNC that Mr. Spak was not participating in the Fox deal, regardless of contractual agreement. Paradigm Three then suggested that they alone represent Mr. Spak�s material. However, Ms Steelman offered her contract with Mr. Spak to verify representation, and it was the opinion of FNC�s legal counsel that she did indeed represent Mr. Spak�s footage. |
| (16) During a phone call on August 10, 2002, Mr. Spak demanded immediate return of his materials, including videotapes, mpegs and still images. It was agreed that all materials would be shipped to his place of employment, Kings County Civil Court for Tuesday morning delivery. |
| (17) During a phone call on August 11, 2002, Mr. Spak demanded release from his contract with Ms. Steelman, and it was agreed that a release (see attached) would be delivered on Tuesday morning as well. |
| (18) All requested materials were shipped on August 12, 2002 (see FedEx airbill) and were received in good condition by Mr. Spak in Brooklyn. |
| (19) On August 15, 2002, a New Castle County (DE) Sherriff�s deputy made service to Angeli regarding a civil complaint filed by Mr. Spak with Kings County Civil Court on August 9, 2002. Steelman/Angeli have thirty (30) days to respond unless the complaint is dropped or dismissed. |
| (20) During the course of the past few weeks, Mr. Spak has launched a personal investigation into Steelman/Angeli, reporting to S/A partners and associates that he is a Deputy Fire Commissioner with the FDNY, and alternatively, that he is representing the Kings County Civil Court. He has also consorted with a Mr. Rickard L. Wood, an individual who introduced himself to Steelman/Angeli as a former CIA agent and/or FBI agent. Wood has repeatedly threatened both Steelman and Angeli, as attested to numerous criminal complaints filed by the couple with the New Castle County (DE) Police Department. |
| (21) During his �investigation� Mr. Spak has made slanderous commentary and claims regarding Steelman/Angeli based on heresay, lies and dozens of unsupported sources. Steelman/Angeli will seek to have such activity discontinued. |
| (22) As of August 17, 2002, we have not received our copy of the agreement release that was requested by Mr. Spak. |
| Submitted and filed in Wilmington, Delaware by:
Louis P. Angeli August 17, 2002 |
 |
| Read Lou's comments about agency representation or should we say misrepresentation. |
 |
|
| A short note about Steve Spak, a New York based photographer and former owner of FDNYPhoto.com. This program -- Zero to 16-- does not include any material recorded or photographed by Mr. Spak. However, there were versions of the program, which would have included the Spak footage, that were being developed by our mutual agent, Paradigm Three. |
| It should be noted that Mr. Spak had licensed his footage just after the tragedy of 9/11 to broadcast entities for a fee of $5,000 (low when you consider the historical record that Steve had acquired.) These licenses included programming developed by Dateline:NBC and HBO Pictures. With that in mind, he and other photogs set the standard for such material, a price which then became the benchmark for all future negotiations. Without a story, Steve's material became just another in the hundreds of sources of video and stills from September 11, 2001. |
| His footage was not stolen or lifted, and representation of his material was covered by contract. |
 |
| Zero to 16 -- Copyright 2004 - All Rights Reserved |
 |
