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NEW JERSEY JEWISH NEWS
Hollywood producer seeks to ground Frisbee documentary
by Johanna Ginsberg
NJJN Staff Writer
Third in a series about the making of Flying Saucers
Film producer Joel Silver may have grounded Flying Saucers, the Frisbee documentary by Morristown filmmaker Jim Nussbaum that credits the Hollywood mogul with inventing the team sport known as Ultimate Frisbee.
On Tuesday, Nov. 15, just as Nussbaum was about to begin distribution of the documentary, he received a letter from Silver’s chief operating officer asking Nussbaum to remove footage of Silver, a South Orange native, from his video. Nussbaum had obtained the footage from Willie Herndon, a math teacher in St. Louis, who conducted the interview with Silver for his own documentary on the sport.
Silver claims that only he, not Herndon, can give permission to use the footage.
“We were shocked to find one of the interviews used was given by Mr. Silver to a person not associated with your project,” the letter, signed by Steve Richards, reads. “Under the circumstances, you have no right to use Mr. Silver’s name.”
The letter goes on to state that the use has caused Silver substantial damage and asks Nussbaum to “immediately cease” to use Silver’s image and to contact Richards to confirm that the interview has been removed from the piece.
Nussbaum said fulfilling the request would undermine his film, which documents the sport’s development by Silver and others at Maplewood’s Columbia High School in the 1960s. “I can’t just chop out Silver’s interview,” he told NJ Jewish News. “It’s a major portion of the piece and he’s a major player. The coup of this piece is having both Silver and [Ultimate co-inventor Jon] Hines in it. If this were squelched, it would destroy the essence of the piece.”
For Silver, it’s a question of how his image will be used. “In no way is this Joel trying to stop [the project], He’s just wanting to approve his involvement,” said Joy Fehily, Silver’s publicist.
The footage of Silver comes from a 1997 interview by Herndon, who shot it for The Spirit of the Game, his own documentary of the sport. Nussbaum acquired the footage directly from Herndon, after being referred to him by Silver himself, according to Nussbaum. He had contacted Silver several times, he told NJJN. “At some point Silver called me back and asked if there was anything else I needed. I told him I needed an interview with him. He referred me to Willie Herndon.”
According to Nussbaum, he then contacted Herndon, who sent him all of his footage to use, which Nussbaum assumed he had consent to use. Apparently, Herndon did not have any kind of release from Silver to turn over the footage.
“I didn’t cross my t’s and dot my i’s,” said Nussbaum. “I guess I was foolish and assumed I had consent.”
In the meantime, Nussbaum said, he had been sending Silver updates on the project and was therefore surprised to receive the letter. “I’m not looking to ruffle any feathers. I want to proceed in a way that will make them happy.”
But according to Fehily, it is the sale of the documentary that is causing the potential problem. Nussbaum entered the film in New Jersey’s Black Maria Film and Video Festival and has been engaged in talks with College Sports Television to help with its placement, packaging, and marketing. “Joel believes that this is not something that should be sold; it should be given away,” said Fehily.
Still, she said she believes the parties may be able to reach an amicable agreement and that it is premature at this stage to predict the outcome. “We don’t know what will happen when Joel and Nussbaum connect.”
Johanna Ginsberg can be reached at jginsberg@njjewishnews.com.
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