Producers credits

DUE to the lawsuit in progress, I will comment only in general on John Horn’s biased article regarding the producing credits on “Crash” [“Credits on a Collision Course,” March 4]. First, as regards the Producers Guild’s “secrecy” in making its determination: Confidential arbitrations are the standard in every industry in America, and have been for at least 75 years. One need look no further than the Writers Guild to understand this. The concept of confidential arbitrations has been upheld many times in the courts, and is universally understood to be a protection for those who would otherwise be unable to speak freely. To compare this with the open nature of our judicial system is specious; courts have enormous powers -- to subpoena, to prosecute for perjury, to use police power to protect informants and witnesses -- that civilian arbitrations will never have.

The Producers Guild arbitration process invites many individuals on the production, from cinematographers to editors to assistant directors to costumers, to describe the contributions of each of the credited producers, and these descriptions are compared to the producers’ own depictions of what they did. In spite of Bob Yari’s supposedly “persuasive e-mails” (Horn’s words -- persuasive to whom? Horn?) describing his work on the film, the descriptions by literally 15 other people associated with “Crash” did not match up with Yari’s. Three separate panels, looking at all the evidence, came to the same conclusion: that Yari’s contribution did not warrant the title of producer.

Lastly, the guild, which represents all kinds of producers, most assuredly including independent producers, took years to develop its Code of Credits, which describes in great detail the duties of the producer. What I wish Horn had seen fit to express is the fact that the industry is in transition on this issue. Each of the six credited producers on “Crash” made significant contributions to the success of the film, but the meaning of the term “producer” must once again be understood to transcend the single contribution of, for instance, attracting other actors, or even financing the film. Given the abuse of the producer credit for so many years, there is no way we can start to restrict its use without causing discomfiture to some people. But the goal is to protect the very meaning of the role of the producer -- a difficult, comprehensive job which, as each of this year’s best picture nominees amply illustrates, is still essential to our industry.

MARSHALL HERSKOVITZ

Beverly Hills

Herskovitz is vice president of the Producers Guild of America.