I am the writer of a feature-length theatrical screenplay entitled "Brilliant", which was filmed by producer William Mariani in late 2003.
This script was produced without any form of consent, agreement and certainly not payment. It was shot without my knowledge.
"Brilliant" is a psychological thriller about a medical student who experiences a mysterious loss of memory. It was shot in Montreal, Canada and directed by Roger Cardinal starring Erika Eleniak. The project may have appeared under a different title in an attempt by the producer to obfuscate the fact that no rights were obtained to shoot this script.
A warning is hereby issued that any and all distributors, broadcasters, exhibitors and sales agents participating in the purchase, licensing, exhibition of this property will be named in a law suit for the recovery of substantial losses and damages by me.
History of the project:
The first draft of this script was completed in 1991 under a different title and subsequent drafts appeared in the following years under various titles. I wrote this story as a personal directorial project and spent years developing, writing and seeking financing for it. Telefilm Canada and the Ontario Film Development Corporation (now OMDC) participated financially in development. At one point I had foreign sales in place with a financing commitment and only required a Canadian Distributor to complete the budget requirements.
Along came Bill Mariani and Blackwatch Films in late 1998. We shook hands on a deal that would have me shooting within a couple of months. I dropped everything and spent the next 4 months preparing for a shoot that kept getting delayed. We had an entire crew ready to go. Every location was nailed down. Most of the cast was in place. A week or two before shooting was finally supposed to start, things were delayed yet again, due to the fact that Mariani in fact did not have the financing he claimed he did. All the arrangements fell apart.
During this time I did not receive any funds from Mariani's company, in fact spent my own money in pre-production!
From 1999 on, I put this project aside and pursued other interests. In the meantime, Mariani's Canadian distribution company, Blackwatch, folded.
In 2003 Mariani contacted me by telephone indicating his continued interest in "Brilliant" and my services to direct multiple pictures for him. I simply told him that the script was still available and acknowledged that if he was forced to work at a very low budget that I was willing to work something out.
Then in the late winter of 2004 Mariani arranged a meeting with me and he expressed his serious interest in renewing an agreement, an option-to-finance agreement. For a fee of $500 I gave mariani the right to seek financing, with a screenplay fee payable upon start of preproduction when and if it went ahead. Along with the fact that he never paid the $500 I did not know that HE HAD ALREADY SHOT THE FILM!
The film was shot half a year earlier in the fall of 2003 as I have verified through conversations with people who worked on the film. I have also verified that a rough cut of the film was viewed late 2003.
It was not until August of 2004 that I became aware that the film had been made. Perhaps it had not been completely finished to a final answer print, but it had certainly been shot (almost a year earlier) and some versions of a complete cut had been available.
When confronted with this, Mariani initially denied everything, but then within a few weeks he and I agreed to a sum that he was to pay me as complete compensation, giving him the rights he required to sell and license the property. It was a VERY reasonable sum.
Needless to say he never paid me (as of May 1, 2005).
What I have indicated above are the plain facts as I know them and have not left out anything that would materially alter the circumstances as I have presented them.
If anyone knows anything about this film, where it might have been sold or presented, or if you also have had a less-than-satisfactory experience dealing with William Mariani, please give me a call. 416-537-8154
-Robert Bergman