Film Industry

Will the digital mediums replace emulsion photography, even if only partially?

–N

If you’re going to allow me the “if only partially” escape clause, then certainly. Well-regarded films such as TADPOLE and PIECES OF APRIL are already being shot on digital video, as are the SPY KIDS movies and the STAR WARS prequels. On the distribution side, most new theaters are being built to allow for digital projectors (which will be installed whenever someone figures out who should pay for them).

Speaking in vast generalizations, digital is usually cheaper and faster than film. Videotape costs less than film stock, particularly when factoring in development and printing costs. Editing is already an almost-entirely digital process, so shooting digitally saves you a step. And studios dream of being able to digitally transmit their movies directly to the multiplex, saving the cost of striking and shipping 2,500+ film prints.

What’s more, the recent generations of digital projectors are quite good. You could switch over every movie theater in America and most people wouldn’t notice any change.

For all the progress that’s been made in digital cinematography — and it’s considerable — film still has some significant advantages that will keep it viable for decades to come. First, there’s a lot of entrenched experience. Cinematographers know film and love it. Second, film technology itself has improved dramatically. Today’s film stocks allow you to shoot in lighting conditions that would have been impossible a decade ago, and techniques like silver retention and skip-bleach processing allow for a lot of creative freedom. Third, the resolution of digital cameras still can’t match film — and when they do, there will be other creative reasons (such as film grain, focus and contrast) why you might still not be satisfied. Finally, on an $80 million movie, the film costs aren’t prohibitive, so there’s no reason for many movies to switch to digital video. (There is, however, a lot of pressure for one-hour TV shows to switch to digital cameras. Many are making the change.)

On the other end of the spectrum, digital video is a godsend for the $80,000 movie, where film and processing could eat the entire budget. Since it is these smaller movies where tomorrow’s filmmakers get their start, I can envision this new wave rising up through ranks with digital cameras in hand, and never trading them in for the “old” film cameras.

If you sell a script to a studio, what are your rights regarding the first re-write? Do you have to be a member of the WGA to demand this?

–Anonymous

Simply on the basis of morality, ethics and artistic vision, the original writer should always have the first crack at rewriting his script. Unfortunately, morality, ethics and artistic vision are sometimes in short supply when it comes to making movies. That’s why it’s good the Writers Guild of America (WGA) has its “creative rights” provisions, which cover situations like this. You can find a full list of them here.

If you’re not a WGA member and you sell a script to a studio, are you still covered? Almost certainly yes. The major studios have agreements with the WGA which basically state that any writer they employ has to be a WGA member — so if you’re not a member when you sell the script, you have to join right away. And it’s certainly worth it. Not only does the WGA offer screenwriters these up-front protections, but it also offers health insurance and collects residuals for writers’ work.

So are you, Paul, absolutely guaranteed the first rewrite on your spec script? No. There are at least two scenarios where this wouldn’t happen. First, you might sell your script to a company that is not a WGA-signatory. Even relatively big studios (like Miramax/Dimension) have divisions that aren’t WGA. In that case, you wouldn’t be guaranteed the WGA creative rights. A second scenario might have you waiving your right to the first rewrite as a condition of the script sale. I’ve never heard of this happening — it feels morally, ethically and artistically wrong — but it’s conceivable, so I’m sure it has happened to some writer at some point.

Finally, I like that you use the word “demand” in your question. No studio will be inclined to give you anything just because you ask politely. If having the opportunity to rewrite your script is a priority for you — and it should be — don’t accept a deal that would shut you out.

(While you’re at the WGA site, you should also check out the “Independent Film Program,” which can offer some helpful protection even for non-WGA members.)

Any struggling new writer would jump at the chance
to be represented by an agent, any agent. But what is the downside to taking
the first "lifeline" offered?
If a contract is signed by both parties for a period of two years, can it be
broken if things don’t work out?

–Huerfano

The contracts you’re talking about are called agency papers, which are relatively
common at smaller literary agencies, which tend to be the companies that represent
newer writers. Basically, the document defines the relationship between the
writer and the agency, stating that the agency receives its commission on any
work it finds for the writer, for a set period of time – up to two years, but
sometimes only a year.

The contract mostly protects the agency, which is worried that the writer
will suddenly jump ship to a bigger agency upon selling a script for hundreds
of thousands of dollars. You can understand why the agency would be nervous.
Not only would it lose a client, it would lose its commission.

Not every agency requires its writers to sign agency papers, and truthfully,
a lot of people never bother signing them. Frankly, I’ve never even seen them.
But you shouldn’t freak out if an agent asks you to sign them.

That said, before you agree to work with any agent, you need to do a few things:

First, do your homework. Ask to talk with one of the agent’s current clients,
preferably a phone call with just the two of you. What work has the agent gotten
the writer? How quickly does the agent return phone calls? Better to ask the
hard questions now, than wish you’d asked them earlier.

Also, check that the agency is a WGA signatory (or whatever equivalent guild
if you’re outside the U.S.). Even if you aren’t a WGA member
yet, you want to make sure that the agency you’re dealing with has an agreement
with the WGA, which sets basic working rules and can offer you a lot of protection,
including the ability to drop an agent who isn’t getting you work.

Finally, trust your gut. If an agent makes you uncomfortable, don’t work with
him. While it’s hard to pass up an opportunity for representation, just remember
that if one agent liked your stuff, another one will as well.