College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Alex Footman...worked as an unpaid intern for Black Swan, a film that won numerous awards and grossed over $300 million.
Footman was hoping an internship with Black Swan would open doors in Hollywood. Instead, it has made him rethink his career plans. "This was six months of my life which left me nowhere further along in my career than before," Footman says. "It was not a learning experience and that was what I had expected. This really just seemed like I was just working and wasn't getting paid for it."
He's now part of the open class-action lawsuit against Fox Searchlight Pictures, the film's producer. He and another unpaid intern, Eric Glatt, are suing to win back pay for the hours they worked. They're also filing for an injunction that would keep the company from hiring unpaid interns in the future.
Truly stunning. A couple of quick thoughts:
- This lawsuit will be the last time Fox Searchlight or any employer in that business will open up their studio to interns. Taking on an intern is often more trouble than it’s worth. Add on to that the risk of getting sued, and what's the point?
- Outlawing unpaid internships is a great way to protect those who are already on the inside and have connections (e.g. kids whose parents are in the business). If my son or daughter wanted to get into the movie business, the only way they might be able to get in and compete with others who grew up around the business would be to offer their services for free.
- In the end, you can require internships to be paid, but then you will either have no internships or internships for only people who have connections and are on the inside. Personally, I prefer a world where there is opportunity for anyone to break into an industry if they want it badly enough.
In closing, this was in the comment section, and makes me feel better about the world:
“Wow. I'm a film student and I can't even count how many times I've worked for free on small independent films. Meanwhile this guy can literally put "Black Swan" on his resume. Yes you have to do a lot crap work in the beginning without little in return. But, if you do your job well people will notice and you'll eventually start working your way up. You know what doesn't work your way up in the industry? Suing companies who let you on their set.”
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Aug '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Another quick thought:
Some unpaid internships are undoubtedly apprenticeships where the "employers" (if that's the right word) lose more on training their interns than they gain in added labor. But many unpaid interns do valuable amounts of work for their "employers" -- just not necessarily work for which the employers can afford minimum wage.
As the fella said,
Perhaps without minimum wage laws, he would have received some compensation, and felt less like he was just working and not getting paid for it.
Oct '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Great point! Thank you.
Sep '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
I have to disagree. If working as an intern has any value, then those with inside connections will get the gig over others anyway. And there are employer's who cynically exploit the intern market. If the intern is getting real experience it may be worthwhile, But saying, "I worked as a janitor on Black Swan cleaning up fake blood and sweeping feathers" means absolutely nothing on anyone's resume. Also, if a project becomes as successful as Black Swan, there should be some after the fact compensation. Take the interns out to a nice dinner throw them a party and give them a letter of thanks for working on the project or something.
The tacit agreement you make with an intern is that they will learn something in exchange for free work.
Sep '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
I remember there was another complaint, more significant than this one, from the dancer who performed 'as" Natalie Portman on this film and didn't get proper credit. The intern complaint may or may not have merit, but I am equally willing to suspect the producers are typical Hollywood creeps who use people... I think "using" people was invented in Hollywood actually, and it has developed into a sport.
BTW, negative things involving anything under the Fox domain is not likely to be put on the main feed, just in case you didn't know that.
Edited on November 15, 2011 at 12:45amOct '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
What explains the demand for these positions?
Oct '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Fox: ‘Black Swan’ Interns Didn’t Work For Us
Fox Filmed Entertainment today finally gave its side of that lawsuit filed by two interns against Fox Searchlight over their work on the hit indie Black Swan. The studio maintains that the interns were working for director Darren Aronofsky’s production company well before Fox Searchlight ever became the distributor.
Jul '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Franco:. Also, if a project becomes as successful as Black Swan, there should be some after the fact compensation. Take the interns out to a nice dinner throw them a party and give them a letter of thanks for working on the project or something.
· Nov 14 at 3:18pm
Yer more than Free to do that with Yer interns.
As far as I know interns know the employment terms of the deal before hand; like working for free. They're also Free not to do it.
Edited on November 15, 2011 at 2:31amJul '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Wow. I guess the reality that mommy and daddy aren't giving him extra special birthday parties still and trophies just for showing up has not hit him yet.
He still has a future job as a Herman Cain accuser if he plays his cards right.
May '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
It was not a learning experience and that was what I had expected.
Already knew everything about everything, I reckon.
Aug '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
But if it made him rethink his career plans, wasn't it a learning experience?
Edited on November 16, 2011 at 1:22amAug '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
The Entitlement Generation strikes again.
Jul '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
My time is worth money. I would never work free at any point in my career.
There is only demand for these unpaid internships because there are a lot of well-off students who can afford to work for nothing. They group in an environment where they do not learn early that their time should be compensated when toiling for an enterprise that would ordinarily pay for the same tasks.
Volunteering is fine for soup kitchens, church events, and Scout meetings. Other than that...
Dec '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Michael Tee: My time is worth money. I would never work free at any point in my career.
There is only demand for these unpaid internships because there are a lot of well-off students who can afford to work for nothing. They group in an environment where they do not learn early that their time should be compensated when toiling for an enterprise that would ordinarily pay for the same tasks.
Just because they don't recieve a paycheck does not mean there is no compensation.
For many jobs, you cannot simply show up with your shiny new degree and get hired. So, even though your bank account is not fatter at the end of the day, the value of your work is.
Yes these kids are sniveling entitlement brats. But who they are really hurting are kids who don't have the ability to get the skills in a trade or go to college. Kids, who a few decades ago would have worked for free or a menial amount as an apprentice, so they could one day make a decent living and support a family. It is a win win. Especially when you look at the number of students with college degrees and no useful skills.
Edited on November 16, 2011 at 2:16amMar '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Our interns were always co-op students, and they got paid, but the Government picked up most of the tab. They got experience working in an engineering environment, but the assignments could be a little grim (a lot of "PowerPoint engineering").
Except for my group. We used to hijack interns and put them on stuff that we really didn't have time to do, and usually it was something pretty cool. One summer, it was investigating some voice recognition hardware. Those two guys were like pigs in slop. Not only could we gotten away with not paying them, they probably wouldn't have taken breaks for food or sleep if we didn't throw them out of the lab from time to time.
Oct '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Franco:
The tacit agreement you make with an intern is that they will learn something in exchange for free work.
While I think these interns are going way too far, I agree with the point you're making. Employers sell these positions as chances to get an edge on an industry, and a lot of kids give up the fairly well paying jobs they had during high school summers to work them. Often, the experience is what you make it, but that can only go so far. I've worked on projects with interns, and because their pay came out of a separate budget, few employees cared about giving them anything substantive (the first thing the old guys did was make an Excel spreadsheet for the interns' garbage duty - har, har! And you thought you'd be doing engineering!). The temporary nature of the employment and poor information sharing means employers can get away with stuff like that.
If they need a janitor, they should hire one; repackaging it as an internship doesn't cut it. We shouldn't ban unpaid internships, but we shouldn't encourage companies that waste young people's time either.
Edited on November 16, 2011 at 3:05amOct '11
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Percival:
Except for my group. We used to hijack interns and put them on stuff that we really didn't have time to do, and usually it was something pretty cool. One summer, it was investigating some voice recognition hardware. Those two guys were like pigs in slop. Not only could we gotten away with not paying them, they probably wouldn't have taken breaks for food or sleep if we didn't throw them out of the lab from time to time.
Same, and you could see the difference. Often the interns were fresher with computer programs and programming languages than anyone else. One of them caught a modeling input error that certainly paid his wage for the summer in saved electricity costs. Compared to those of us that had been there even a year, they had more enthusiasm and a more careful eye for detail. Needless to say, I carried the garbage for them when I could.
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
My generation never ceases to amaze me!
I had an unpaid internship this summer, working at an economic development agency. I don't know what Footman's talking about when he says he expected a learning experience and didn't get that. The work, even if it is menial, is still teaching him about the business: much of my work was interesting and substantial, but some of it wasn't. Sometimes, I was just needed to make copies and perform gofer tasks, but even then, I got the chance to observe people at work in the office.
Obviously, there's a line - if the only thing they're doing is janitorial work and there really is nothing that could be considered "learning" about the business, then maybe they should be compensated - but they could've quit and found paying work. If they needed that recommendation letter, then I would probably tell them to suck it up and do the work, because as Beasley says, an internship recommendation really is valued in today's world.
Jul '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
I once sat on the judging committee at a university hosting a Business Plan contest. Business students from colleges and universities across the country submitted their Plans for a start-up company which went through several rounds of judging, the winner selected from the final 5. Early in the elimination rounds of several hundred Plans, I came across one that I eliminated with no second thoughts. The authors thought they had a clever way of keeping costs pared to the bone: they planned to staff their company solely with unpaid interns. While there were other problems with their Plan, this was unforgivable. I wrote them a note about the immorality of their approach, together with some pointed comments about capitalism and the free market.
Unpaid internships in established companies can be tremendous opportunities for kids – especially if the company hires the best of that group (as I know Westinghouse did).
But sue? Dear Lord. Today’s Little Snowflakes have been filled with so much unearned self esteem and notions of entitlement that it may be years before the scales fall from their eyes...
Dec '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
Now I'm entering the real world, and I'll sue anyone who disappoints me.
Oct '10
Re: College Student Gets Opportunity of a Lifetime to Work as an Intern on Academy Award Winning Film, Then Files Lawsuit
An internship, especially in any show biz enterprise, and even more especially in the movie biz is the newbie's opportunity to be on stage, usually quite literally, although not as an entertainment performer. He is expected to perform his assignments in such a way that he shines, comes to the attention of the already there paid folks, and gets his chance at a paid job.
The key to an internship working is for the intern to recognize he is being given the gift of being seen working in the show biz environment. Go getters advance, slugs do not.
The radio biz has a large percentage of it's employment taken from the pool of young folks who hung around the station taking out the trash, running for coffee, asking questions of the jocks and engineers. It is how you got into the biz.
Always, however, the intern's success is based on him working, not just showing up and hanging around.