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Archives for 2011

Harry Potter and the Well of Red Ink

June 28, 2011 Film Industry

Cory Doctorow revisits a 2009 Harry Potter participation statement, marveling at how the hugely successful fifth installment manages to [lose $167 million on paper](http://www.boingboing.net/2011/06/27/hollywoodonomics-how.html):

> I think this is also a great example of why all financial numbers released by the entertainment industry should be treated as fiction until proven otherwise.

I get balance sheets like this every quarter on the movies I’ve written. I think it’s naive to call them fiction. Every industry — from oil to tech to toys — has ways of obfuscating exactly how much money it’s making.

The difference with movies is that the average filmgoer has a pretty good idea which movies are hits and which are bombs, so when a movie like HP5 shows a deficit, our bullshit detectors start beeping.

Some important things to keep in mind:

* The studio charges each movie a distribution fee. For HP5, that totaled 34.7% of the gross — a $211 million cut of $609 million. Warner Bros. is keeping that money. So the studio has made a profit, even if the movie itself hasn’t.
* Prints — the film running through the projector — are still a huge cost. For HP5, they spent $29 million. Digital projectors can bring that number down.
* Residuals matter. Even though the movie isn’t profitable on paper, the film has paid out $10 million in residuals (almost entirely to the actors, writers and director) in the two years between when the film was released and this statement.
* They claim the movie cost $315 million. In the case of Harry Potter, I suspect JK Rowling is getting paid here, since no gross participants are listed.

Very, very few movies will ever show a profit on a participation statement like this.

When you read stories about writers or producers auditing a feature, it’s not because they disagree with the math on the page. Rather, they think the numbers themselves are wrong. Ten million here, ten million there, and suddenly you’re talking real money.

And it’s not always clear-cut how the money should be tallied.

An example: Sony sold broadcast rights to the first Charlie’s Angels to ABC as part of a bundle of films. I forget the exact figure — maybe $40 million? The studio accountants wanted to divide the money among the films in the package. So if there were 10 films in the package, each would get $4 million.

One of the producers balked, arguing that Charlie’s Angels was by far the biggest movie in the package and deserved the lion’s share of the ABC money. I don’t know that disagreement got settled, but the same kind of haggling happens every day.

Formatting an interview montage

June 27, 2011 Formatting, QandA, Words on the page

questionmarkI’m writing a scene where my character is going on a series of interviews, but instead of writing out each individual interview, I want to do a montage of sorts, where different questions come from different interviewers.

The problem is I don’t know how to format it. Do I clearly mark it as a montage and just give each interviewer a different name, or do I have to go through and put each interview question under a different slug line?

— Trent
Iowa

answer iconYour instinct is correct. This is a classic montage, and is simple to do on the page. If you’re staying in one location — or a series of similar locations — you don’t need individual sluglines.

INT. CONFERENCE ROOM / A IS A INDUSTRIES – DAY [EARLIER]

MONTAGE: Randy meets with a series of INTERVIEWERS, beginning with WALTHAM GROEPNIK (50).

GROEPNIK

Consider an anthill.

RANDY

Okay.

GROEPNIK

Is it rational for the ants to work only for the benefit of the collective? Can an ant even be considered rational?

A beat. Randy blinks. Concentrates.

RANDY

What color are the ants?

CUT TO:

VIVIAN LAKELAND (25) is darkly seductive, but icy.

LAKELAND

What is your greatest weakness?

RANDY

I guess I’m late sometimes. I oversleep.

LAKELAND

Why would you admit to weakness?

CUT TO:

TREVOR KNIGHT (30) was probably a high school football star until he left the field mid-game, never to return.

KNIGHT

Would you say you’re a team player?

RANDY

Sure.

Knight makes a note on his form.

RANDY

Wait, no. No.

But Knight keeps writing.

RANDY

Yes?

QUICK CUTS:

GROEPNIK

If knowledge is the awareness of reality, how could you be aware of something unreal?

LAKELAND

(lighting cigarette)

Why do you bore me?

KNIGHT

What is the largest criminal organization in the world?

Randy thinks for a long moment.

RANDY

The Girl Scouts?

Knight smiles. Nods.

For production, the AD would likely break these out as a series of scenes (e.g. A24, B24, C24) on the board, but it can stay the same on the page.

If your character is going out for a series of interviews in different locations — Company A, Company B and Company C — you’re generally better off using sluglines the first time each of these is introduced. Once you’ve set up all of them, use INTERCUT (just once) to signal the reader that you’ll be cutting back and forth.

Suing to get an agent

June 24, 2011 News

Here’s a little powder keg for a Friday afternoon. Screenwriter Justin Samuels is suing CAA and WME for not taking him as a client, alleging systematic racial discriminatory practices. The lawsuit was filed in October 2010, but I first heard about it in a [blog post](http://socialhollywoodmagazine.com/2011/06/20/exclusive-ultra-hollywood-lawsuit-screenwriter-justin-samuels-sues-caa-wme-for-8m/) forwarded to me by AJ Todaro.

Samuels is suing under Title VII of the Civil Rights Act of 1964, and New York State human rights law. The [actual court filing](http://johnaugust.com/Assets/justin_samuels.pdf) is illuminating, because it reflects common misperceptions about how screenwriters get paid:

> I wrote 8 scripts, and I estimate them to be worth a million each. Therefore I am do [sic] 8 million in damages.

By this math, the collective readership of this blog is worth several billion dollars. Congratulations, everyone! First yacht is on me.

The facts, as Samuels sees them:

> In order for a screenwriter to submit to the defendants, one must have an industry referral. Such a referral is a referral from a major figure in the film industry that does business with them, such as a director or producer. Unfortunately, as most of the people in these positions are white, this effectively locks out black non white screenwriters. This effectively bars me and all others deemed to be outsiders from being able to realistically pursue a career as a screenwriter. I personally received an e-mail from Creative Artists Agency telling me that they didn’t accept any unsolicited submissions or communications on 09/23/2008. I got a similar e-mail from William Morris Agency on 11/19/08.

A few points are correct and familiar to aspiring screenwriters. The major agencies won’t read unsolicited material, so to get on their reading list, you need to be brought to their attention. That could mean a referral from a client or buyer, or gaining acclaim at a film festival. *Someone meaningful needs to say you’re brilliant.*

Samuels’ use of “outsiders” should resonate with any reader living somewhere other than Los Angeles.

Other than sending query letters to agencies, it’s not clear what other steps Samuels has taken to initiate a screenwriting career. He apparently hasn’t moved to Los Angeles, or interned, or worked in an agency mailroom, or gone to film school, or applied for one of the diversity programs at the studios or networks.

I can’t guarantee Samuels would have been successful if he’d tried any or all of these steps, but I think he’d have a better case. His attorney will have a hard time finding any screenwriter of any race who has become successful doing as little as Samuels has.

Like a lot of aspiring screenwriters, Samuels perceives the industry as walled-off wonderland filled with riches. Given how media portrays it, I can understand why: you only hear about the screenwriters who make it. That’s one reason I’m showcasing more of the [First Person](http://johnaugust.com/first-person) articles, to let aspiring screenwriters understand what a slog it really is.

Everything is a remix, but you can still get sued

June 23, 2011 Rights and Copyright

Kirby Ferguson’s latest installment of [Everything is a Remix](http://www.everythingisaremix.info/) arrived this week. So did Andy Baio’s announcement that he’d [settled out of court](http://waxy.org/2011/06/kind_of_screwed/) on a copyright infringement for his Miles Davis tribute album Kind of Bloop — not for the music, which Baio licensed, but the cover art, which photographer Jay Maisel argued was too much like his original.

Baio:

> At the heart of this settlement is a debate that’s been going on for decades, playing out between artists and copyright holders in and out of the courts. In particular, I think this settlement raises some interesting issues about the state of copyright for anyone involved in digital reinterpretations of copyrighted works.

The conclusion of Baio’s post shows the same artwork with greater and greater pixelation, very effectively showing the murky boundary between homage and infringement.

It’s a great and unanswerable question for screenwriters: *When does something in your screenplay stop being a reference to another movie, and start being theft?*

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