The big Fox deal
In addition to Shazam! and The Nines, the other project that’s been keeping me busy for the past few months is a new deal over at 20th Century Fox, in which a group of 12 screenwriters will be getting first-dollar gross and a range of creative rights on their scripts. It was just announced.
The twelve writers (some of whom are teams) are:
- Michael Arndt (“Little Miss Sunshine�)
- Me (“Charlie and the Chocolate Factory,” “Go”)
- Stuart Beattie (“Collateral�)
- Ted Elliott & Terry Rossio (“Pirates of the Caribbean,� “Shrek�)
- Derek Haas & Michael Brandt (“3:10 to Yuma�)
- Tim Herlihy (“The Wedding Singer,” “Happy Gilmore”)
- Simon Kinberg (“Mr. and Mrs. Smith,� “X-Men: The Last Stand�)
- Craig Mazin (“Scary Movie 3 and 4�), and
- Marianne & Cormac Wibberley (“National Treasure,â€? “National Treasure 2″)
The deal isn’t unprecedented. Producer John Wells put together group of screenwriters who made a similar deal at Warner Bros. earlier this year. We followed the trail they blazed, and we’re indebted. What’s different about our situation is that we’re not a production company. There’s no one “in charge,” and we’re not sharing profits among us. We’re nine writers (or teams) making the same deal.
And what is the deal? Here’s the short version.
We’re each committing to writing an original (i.e. not an adaptation) for Fox — our next original script, in fact. For it, we’ll take a greatly reduced upfront fee, in exchange for our full quotes plus first-dollar gross when the movie gets made. If the movie get made — that’s the gamble the writers are taking.
Helping to ameliorate that risk, we are producers on our projects, and can’t be rewritten except in fairly narrow circumstances. We consult on the major creative decisions (like director, stars, other producers). Lastly, if the project isn’t getting a greenlight, we have the ability to take it back in a timely fashion. 1
Note that when I say “we,” I’m referring the writers individually. There’s no group decision process. No production company. We’re each autonomous entities.
It’s in each writer’s interest to write a really commercial movie that (a) Fox will want to make, and (b) will earn a bazillion dollars.2 To me, that’s the secret of the deal. While there are protections for both sides, the key ingredient is mutual benefit. Both sides have a lot to gain from making it work.
It sounds relatively simple, but Great Zeus, it was complicated. Of all of us, Craig Mazin deserves the biggest props. If I had 10 phone calls a day about it, Craig had 30.3 It was a super-heroic effort, for which he’ll be repaid in alcohol.
And now for the backstory. The day the John Wells deal was announced, Craig called me and asked what I thought about it. I thought it sounded terrific, and so did many other writers. Craig had already had conversations with Ted Elliott about doing something with a group of screenwriters, but the Wells deal was specific and tangible. It provided a focus, a template. Within a few weeks, a group of writers met at my house on a weekend afternoon to discuss the possibilities.4
After phone calls with all of these writers’ representatives, Craig and I met with several studios, explaining why we thought the deal was good for them. There was a lot of interest from most of the studios,5 but Fox stepped up in the biggest and most enthusiastic way. To put it politely, they pursued it very aggressively. To put it less politely, they pursued it with a vigor that sometimes frightened me. But their zeal was genuine, and the deal ended up happening much more quickly than any of us anticipated, through the combined efforts of many attorneys, agents, and executives. I’m loathe to start naming names for fear of leaving off someone who worked their ass off on the deal — some at the cost of family obligations — so I’ll just extend a public thank you to all of them on both sides.
So. Will it work? Will it change anything?
I don’t know. I think it’s best to classify it as an experiment. We’re each committing to one script, so if it simply doesn’t work out, no one is particularly worse off. And it’s hard to say whether the basic idea could (or should) be expanded to include the other kinds of movies screenwriters are hired to write: adaptations, sequel, remakes, and everything else that relies on underlying property. Without the ability to take the project back, it doesn’t make a lot of sense for a writer to reduce his upfront money. Even among this group, most scripts don’t become movies. The gamble might not make sense.
What I will say is that as an A-list screenwriter, it’s become increasingly difficult to set up an original project at the studios, who (understandably) want to save their development budgets for the movies they’re pretty sure they’re going to make — largely sequels, adaptations and remakes. I’m very excited to write an original for Fox, a movie not based on anything other than what I think would be great idea. So while this deal is largely about rights and money, I think it has the potential to lead to some better, more original movies. If so, that’s a win for everyone.
Update: Craig has his thoughts up at Artful Writer
- That’s why it’s important that these are original scripts. For adaptations or sequels, the underlying rights would make reversion difficult or impossible. ↩
- The deal memo doesn’t specify “bazillion,” but it’s a useful benchmark. ↩
- I can now explain that the reason I had to bail on the screening for Student Films Across America was that the deal was closing that Friday. My phone was ringing every two minutes as the negotiations kept spinning. ↩
- There was no magic process in coming up with these specific writers. There’s at least another dozen who would make just as much sense on a list. A lot of us knew each other, and the few people we didn’t know had great reputations. My hope is that other writers and other studios would see this as something to try, either as a group or individually. ↩
- Here’s the pitch: “How would you like nine original scripts by some of the top feature writers for less than what you’d pay for one of them normally? But wait! There’s more!” ↩
Articles
August 14th, 2007 at 10:28 pm
Congratulations! This is exciting news and I hope all of you will benefit from this deal. Here’s also hoping there are more of these types of deals coming along in the future.
August 14th, 2007 at 10:31 pm
Congrats, John! To you and the gang.
Cheers,
Tina
August 14th, 2007 at 10:42 pm
I’m smiling for two reasons. The first is just general goodwill, mudita at your success.
The second is I’m excited about the movies! Several writers whom I admire are in the list, and I’m looking forward to original concepts with (hopefully) strong tendency to get greenlit.
Feel free to ignore me, John, but would it be possible to mention how this differs from the Sony/Columbia deal you were part of a while back?
August 14th, 2007 at 10:45 pm
Awesome! Congratulations!!!
As I already noted on Craig’s blog, it’s ironic to read this since I was recently discussing Craig’s June 2006 Writopia post. Specifically, I was wondering how this unique business model would sort itself out, so I really appreciate you keeping us all in the know…
This kind of reminds me of the founding of United Artists with Pickford, Griffith, Chaplin, and Fairbanks; their plan was for each founding member to create 3 films a year and have UA release a new film every month, but it was a hard goal to maintain… and enforce.
So who’s up first to write a script for Fox? Is it a first come/first served arrangement, or are contracts spelled out with strictly regimented deadlines?
August 14th, 2007 at 10:48 pm
Regarding the fifth note… I gotta say, that’s a pretty damn good pitch! If I was a studio exec, I would be canceling lunch after those first couple sentences…
August 14th, 2007 at 10:48 pm
That’s about the best news I’ve heard since my grandfather promised he’d stop neutering cats upside down in a boot in our basement with his pocket knife.
Seriously, this is brilliant. Now it’s time to crack out nine of the finest original screenplays known to man and wait for those bazillion dollar checks.
Congrats, Ethan
August 14th, 2007 at 11:45 pm
Wow, what a brilliant idea and it’s great to see that some really talented people managed to pull it off.
August 15th, 2007 at 12:33 am
Wow. Great deal. Of course now come the pressure of coming up with the perfect idea that you can turn into the best, most successful movie Fox has ever made! Are there any possibilities that any of you (including you) will be directing any of these scripts?
I do look forward to seeing what you guys can come up with. There are so few, good original films out there that this can only be a good thing for the audience.
August 15th, 2007 at 12:57 am
Good stuff. Would you mind elaborating on the “We consult on the major creative decisions (like director, stars, other producers)” part-? Are you entitled to veto any and all decisions-? Or could an “ill-minded” producer interpret your right to consult as a vanity clause-? Just curious about the details…
August 15th, 2007 at 1:14 am
Congratulations–that’s exciting for you guys, and great news for writers in general.
August 15th, 2007 at 3:34 am
Awesomeness. Awesome for you guys, awesome for how screenwriters are regarded (admittedly already a-list screenwriters, but it all helps), and awesome for audiences who must be getting as sick of remakes and franchises as I am. Well done you.
August 15th, 2007 at 4:10 am
Great news, hopefully this is the start (or maybe the continuation) of a new trend.
August 15th, 2007 at 4:55 am
Congratulations, John and everyone.
I’ll second Johnny’s (# 7) questions and ask if you can give any more details about the writers doubling as producers. If those are details you can’t talk about, that’s cool, but I’d be interested in hearing more of these details. It sounds like each writer will have a ton of creative control, but I assume there are limits in place as well. Correct me if I’m wrong.
August 15th, 2007 at 5:53 am
Sweetness.
August 15th, 2007 at 6:21 am
Congratulations. Let me know if you need a researcher or gopher or just someone to annoy the hell out of you trying to get a deal like that. Wow.
August 15th, 2007 at 6:24 am
Congrats!! I’m new to this screenwriting thang and just always assumed that something like this always existed. Either way, glad to hear you’re one of them!
August 15th, 2007 at 6:43 am
Awesome. All of us wannabe screenwriters feverishly trying to peddle our original specs were hoping large groups of highly regarded professionals would sign a deal to sell their original specs at the same time.
August 15th, 2007 at 7:56 am
John - big BIG up! Congratulations.
Asked over at Craig’s but I’ll ask you too - have you a pet project just waiting in the wings?
No need for details, just cool if it’s ready and waiting…
August 15th, 2007 at 8:00 am
Congrats! Looking forward to tracing the progress of this process as you go through it. And I’m sure I speak for most of us readers in saying that we thank you guys for blazing a trail that we hope to one day follow.
Cheers!
August 15th, 2007 at 9:17 am
The writer as producer thing sounds so exciting to me. From the perspective of the writer as well as for story preservation. And the idea of reaping more reward on the backend has me practically giddy. (Even though it will probably never directly affect my life in any way)
All that AND I got to expand my vocabulary by looking up “ameliorate.”
August 15th, 2007 at 9:54 am
CONGRATS JOHN, and thanks for being active in the fight to get more original films through the studio system!! (as a follow-up, could you discuss the “timing” aspect and how it relates to the anticipated strikes; if you feel that was a factor. Variety mentioned this in their article.)
August 15th, 2007 at 11:11 am
Congrats! Look, you’re famous: http://tinyurl.com/29j5zy Oh wait, you already were famous…
August 15th, 2007 at 11:52 am
That sounds like a fantastic idea, and I think it will take off in a big way. It just makes sense. I can’t wait to see it pay off (Please, God).
Thanks for all your hardwork, John and friends.
August 15th, 2007 at 1:10 pm
Congratulations to all of you! This is more like how things should be. I can’t wait to see how the films turn out.
August 15th, 2007 at 2:47 pm
I hope it works out for everyone rather than just those who can afford to take the risk. But I can’t help thinking that devaluing an up front payment is playing into the hands of those who devalue writers. Hopefully your creative input will mean something other than lip service when push comes to shove. Hopefully the studios won’t use your deal to force other writers into accepting less, and hopefully the day will come when writers get first dollar gross as a matter of course rather than having to give up anything for it.
August 15th, 2007 at 3:04 pm
This sounds like a fantastic idea indeed. I look forward to seeing what you come up with! I just saw it on imdb too. http://www.imdb.com/news/sb/2007-08-15/ They have a little blurb about it.
Cheers -Calvin
August 15th, 2007 at 5:11 pm
You’re a fucking asshole.
Great job man, great job!
August 15th, 2007 at 6:14 pm
Ed, I see you might have some perspective. I started listing the negatives over on Craig’s site and quickly saw that no one sees any downside over there… So far. As a WGAw writer, I see some possible downsides, including the one you mentioned. Every “mid-quote” writer is already being squeezed and this just might add to it. I would guess for Craig, this is a bump in his quote, so he benefits while the other writers are probably taking a real cut for a chance at creative input which I love. But, as I said over on The Artful Writer, this might not be the greatest thing for all writers in the WGAw and might come under the “divide and conquer” strategy.
August 15th, 2007 at 6:39 pm
Congrats! I second #21’s inquiry regarding the impending strike and timing of this deal. If the John Wells deal paved the way for this one, did the impending strike impact the Wells deal?
August 15th, 2007 at 7:05 pm
The Interpreter:
I’m going to try and address your concerns on my blog later, but I did want to correct one thing here.
Each of us negotiated our own quotes based on our current market value. I received no bump. My quote is, for instance, lower than Elliott & Rossio’s, and this deal doesn’t change that.
As for the back end, you’re incorrect. None of us have ever received any percentage of first dollar gross as writers, so none of us took a cut at all. If greenlit, each of us will receive a far greater participation than we ever have before.
I think your implication was that somehow I’m making my professional life better through the sacrifice of my partners in this deal. While I can understand why you might draw that conclusion (I’m certainly not the most distinguished writer in the group), it’s demonstrably false.
August 15th, 2007 at 8:51 pm
Congrats to John (and the others)
Looking forward to seeing what these original stories turn out to be. Hope it goes well for you all.
Out of interest/ignorance, why did you approach as a team, since it seems the deal still has certain autonomous elements to it. Could you have not negotiated a similar deal yourself? Is it a case of no-one(studios) thinking it’s a good idea until a whole group of people (with good reputations) think it’s a good idea?
Again, congrats.
August 15th, 2007 at 9:19 pm
Craig,
I just meant up-front and did not mean back-end.
And the articles did not say everyone negotiated their own quote. That makes more sense.
Also, I did not say the others sacrificed for you. I thought the “flat quote” concept (which the news articles mentioned) could have been a bump for some writers in the group. I was wrong in my assumption and I apologize for that.
Somehow I pissed Ted off, too!
Anyway, you get my concerns, and with the “potential” strike coming up, this entire thing (from writers I admired) hit a nerve.
August 15th, 2007 at 10:07 pm
Great news, John. I remember the earlier deal and wondered if it would be a one-off. As an Australian, I’m particularly happy to see Stuart Beattie’s name on the list. I’m aiming to be the next Stuart Beattie and want to see my name on a list like that one within five years. (Not full of myself folks, just swinging for the fences.) Go Stu!
August 16th, 2007 at 12:42 am
This deal can pretty much only be good for everyone else, I think. As Craig mentioned on his site, the guild negotiates the floor, you guys just raised the ceiling. Will it make it harder to sell my spec? Only if my spec is similar to one of yours and not nearly as well written. Most likely, if it’s good enough, they would buy it and simply get one of you guys to rewrite it anyway!
August 16th, 2007 at 7:29 am
Answering a couple of earlier questions:
August 16th, 2007 at 9:18 am
Congratulations John. First dollar gross, wow. How long is the “timeley fashion” if you don’t get a greenlight? Craig Mazin seems to be getting a barrage of negative comments on Artful, mostly from aggrieved guild writers who think collective bargaining is about every getting the same rather than providing for a decent minimum. Are there any limitations here on how you can pursue spec projects with other studios? Craig V.
August 16th, 2007 at 9:19 am
Fox has a habit of rolling up their creative sleeves alongside a director and getting involved in ‘everything’. (i,e, micromanage) It will be interesting to see how well this new deal works with their style.
August 16th, 2007 at 12:06 pm
John, Congratulations!
August 16th, 2007 at 2:26 pm
There are pros and cons to the non stratospheric writer,as far as I can see. So Fox bags 9 original scripts from ‘A’ list writers over 4 years for close on MBA min. Some might get made.
In the short term I don’t think it is good for most writers. In the long term it could be. Providing writers stand firm on not being beaten over the head with the negotiating position that ‘we can get a John August for Mba[or whatever] so why should we hire you for 500k? In the real world that’s what could easily happen.
I think it’s great you have done this deal. Creative input past script stage and a slice of the back end. Fantastic. I watch the experiment with a mixture of optimism and horror.
August 16th, 2007 at 6:46 pm
Nine writing partners in the deal… coincidence? I think not!
August 17th, 2007 at 5:06 am
That’s terrific news for y’all.
Though I must admit I’m most interested in what will you guys cook up in those spec scripts of yours…
August 17th, 2007 at 8:40 am
Ed, if the studio’s negotiating position is that they want to give you 2.5% of first dollar gross on top of your full quote on greenlight, with a $300K advance…along with a no-rewriters clause and instant reversion rights?
Yeah, um, take it.
In the real world, though, that’s not going to happen.
Craig, just one. We can’t sell a spec to another studio without showing it to Fox first…until we’ve fulfilled our obligation of one spec for them. Given that most of us probably won’t have the time to write more than one spec within the four years, this isn’t much of a burden. Pitches, by the way, are excluded from that limitation, as are assignments of any kind.
Nah, it’s just a couple of folks, maybe three. Most people have been positive.
August 17th, 2007 at 2:15 pm
Actually, it´s very much like making TV dramas: in television series the writers are usually the producers (also known as “showrunners”).
I guess that nobody knows a script better than the writer. And some of the best Hollywood executives were writers before changing sides - people like Zanuck. Maybe it´s time to let the madmen run the madhouse.
August 17th, 2007 at 4:43 pm
Craig, they want to give YOU 2.5% of top dollar gross. The rest of us not so much. Unless it really works out. If I were a millionaire I’d take that deal.
August 17th, 2007 at 9:39 pm
Ed:
Then I’ve given you your response to them, right? “Sure, I’ll take the 300K just as soon as you guarantee me the 2.5% fdg that goes with it.”
August 18th, 2007 at 11:38 am
There are more than a few negative comments over on Craig’s Blog. The debate is pretty good. But a couple of the opposing views have been chased away. Too bad. Maybe, they’ll post here. I’d like to hear more.
August 18th, 2007 at 12:46 pm
Anonymous (#46):
Why are you Anonymous? I don’t understand why you’d expect anyone to continue a debate with you when you won’t give your real name.
August 18th, 2007 at 3:29 pm
Congrats John!
The best of the deal: great writers writing original scripts! My prayers have been answered!
August 18th, 2007 at 8:22 pm
Didn’t leave my name because I was in a hurry. Just jumped over here from Artful Writer. I wasn’t debating, just following the debate and commenting that opposing views were being dismissed by personal attack. Kind of the “you don’t know what you’re talking about” variety. Thought, maybe, I’d read some more views here where I don’t see such attacks.
August 19th, 2007 at 4:19 am
”Ed:
Then I’ve given you your response to them, right? “Sure, I’ll take the 300K just as soon as you guarantee me the 2.5% fdg that goes with it.�
I would definitely give that a go Craig. But consider the likelyhood of my script being produced as against yours? I might be able to negotiate the same deal, but I’d argue the chances of your deal paying off are much greater than mine. I’m not complaining about that. ‘A’ listers have earned that status.
We can’t all be ‘A’ listers and given how many scripts are bought and never produced I can see a case for the non A lister preferring a bird in the hand in the form of a bigger up front payment. Whether this will be available or not is something that your deal could have a direct bearing on. I’m not saying it will, just saying it could happen. We shall see in the fullness of time.
August 19th, 2007 at 6:04 am
Just to clarify my above post, I’m talking about your deal perhaps creating a more general culture within studios where they ”encourage” [pressure] writers into taking on more risk. They need to roll three sevens instead of two to make serious money.
That is the big danger to my mind. I fully appreciate that this deal is for one script and you can go elsewhere and still get your full quote. But what if ‘elsewhere’ disappears? The rest of the studios begin to think ‘Hey, why are we paying six and seven figures when a precedent has been set for A list writers taking on the risk of non production?”
Human nature being what it is of course they are going to try to persuade writers to take a small up front in return for what will be, for most writers, a mythical back end.
I think this is a great deal for A listers. I sincerely mean that. No doubt I will be accused of jealousy but them’s the breaks. I just think we are entering dangerous waters when writers take on risk. Actors and directors on back end deals are slightly different. They know the movie has a good chance of being made and have done little or no work until it is greenlit. Not to mention star actors still get a hefty wedge up front and a back end deal.
August 20th, 2007 at 5:53 pm
welcome home, john…
August 22nd, 2007 at 9:40 pm
The reason the dissent has been dismissed is because it is without merit. TheInterpreter is one of the least informed voices on the subject of the WGA that I have ever witnessed on Craig’s site. I’m not even a WGA member, and even I can understand how this has no negative effect on current negotiations. The WGA is negotiating MINIMUMS, and this deal simply raises the ceiling on MAXIMUMS, as well as changing the terms by which the best writers get compensated. These are GOOD things, and Interpreter’s bitching over there smacked of nothing more than jealousy, and a complete misunderstanding (probably willful) of what has actually happened with this deal.
August 23rd, 2007 at 1:45 pm
”TheInterpreter is one of the least informed voices on the subject of the WGA that I have ever witnessed on Craig’s site. I’m not even a WGA member, and even I can understand how this has no negative effect on current negotiations.”
I didn’t join in the discussion on Craig’s board. Precisely because of posts like these. Can we stick to informed debate rather than guesswork and ad homen attacks?
August 31st, 2007 at 1:50 pm
I have no gripes about a creative person or group finding an outlet where they can offer their work for monetary gain, that’s mainly what it’s all about. I also understand the agreement you guys have made, I’ve read the post, I understand it.
As long as this deal leads to you guys writing screenplays with stories that compel us to go the movies and buy the DVDs I’m all for that!
You guys need to get adults back into the cinema and that means movies like Touch of Evil, Chinatown, Point Blank, Deliverance, stuff like that..
Good luck with this…
Kevan
November 15th, 2007 at 10:43 am
How will the strike affect this deal? Is writing just on hold, or is the whole thing in jeopardy?