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Film Industry

What’s wrong with the business

October 15, 2009 Film Industry, Los Angeles, Television, WGA

Writers in film and TV are making less money. For 2009, TV writers brought in three percent less, while screenwriters’ [earnings dropped](http://www.wga.org/content/subpage_whoweare.aspx?id=230) 31%.

In a rough economy, it’s no surprise to find workers in all industries making less, but in the case of the writers, it feels a lot different on the ground. It’s not simply the economy.

Fundamental relationships and business practices are changing. More writers are competing for fewer jobs. Established quotes are being ignored. Mid-tier writers are passed over in favor of the very cheap or very expensive, and even they have a hard time actually getting paid.

Get a group of working — or _should be_ working — screenwriters together for more than ten minutes, and you’re likely to discuss all these issues.

Last week, David A. Goodman (Family Guy), Kayla Alpert (Confessions of a Shopaholic) and I did a panel on KCRW’s The Business, discussing these topics. The show is now online, and [worth a listen](http://www.kcrw.com/etc/programs/tb/tb091012writers_face_the_new).

Some important points to emphasize:

* __All writers in the industry are essentially freelance.__ Even being staffed on a TV show is seasonal. Writers aren’t “laid off;” they’re simply unhired. That’s true for many jobs in film and TV, from actors to gaffers to costume designers. Writers are pretty much the only craft that can generate their own work, however.

* __Writing is the R&D of the entertainment industry.__ Try as they might, studios don’t know which projects — or even which genres — are going to be hits. That’s why they develop a range of properties, knowing that only a few of them will go into production. A studio that doesn’t develop material won’t have movies or shows for upcoming seasons.

* __Studios are small parts of big corporations.__ While studios have often been owned by larger corporations, from Gulf+Western to Coca-Cola, the current consolidation and integration of the major studios is unprecedented. Film and TV used to be largely insulated for a downturn in the economy — people still wanted their movies and shows. But now that studios are so tightly entwined with their parent companies, corporate cutbacks hit Hollywood much more directly.

* __Quotes are both real and imaginary.__ A writer’s quote is generally whatever she has recently been paid for a roughly equivalent job. ((Quotes work the same for actors and directors.)) If Sasha Dramaturg received $200K for a draft, set and polish ((“Draft, set and polish” is common shorthand for a writer’s first draft, a rewrite of that draft, and smaller polish on that draft.)) on a movie at Fox, her quote would be $200K. If Fox wanted to hire her to write a movie, her agents would be looking for at least that much money. Recently, however, quotes are sometimes being ignored. Fox might tell her agents that they’re paying $100K, take it or leave it. If Sasha takes it, her quote is now $100K. ((Deals can also be “no-quote,” meaning they’re not supposed to be disclosed. For the animated movies I’ve written, I’ve made significantly less than my quote.))

* __Writers aren’t unique.__ While this panel was about writers, every facet of film and television is in upheaval. You can take any profession or craft, from development executive to stunt coordinator, and find uncertainty and anxiety about where this is all headed.

Host Kim Masters did a smart job stoking the conversation, and producer Darby Maloney cut an hour’s worth of material down with remarkable finesse.

One thing that didn’t make the cut was a list that a friend had sent me in anticipation of the panel. It’s more bloggy than radio anyway:

What’s Wrong With The Film Business
—-

1. The conflict and turnover caused by the buying and selling of companies causes confusion, uncertainty, and weakens morale in the production area.

2. The “suits” who control the studios interfere too much with creative decisions; the studios should be run by creative people rather than businessmen, lawyers, etc.

3. The constant turnover of the production head of the studio is disastrous.

4. Overhead is indefensibly high.

5. Authority is not clearly defined.

6. Producers are given exorbitant contracts, and there is no relationship between what a producer receives and the box-office success of his or her films.

7. Screenplay costs are excessive and and the write-off on stories and contracts is enormous.

While this seems like a very current assessment, the list actually comes from a 1936 report by Joseph P. Kennedy, who was hired by Paramount’s board of directors to determine what was ailing the studio. ((This list comes courtesy Howard Suber, who makes reference of it in his book The Power of Film. It originally appeared in Leo Rosten’s 1941 book Hollywood: The Movie Colony/The Movie Makers (New York: Harcourt, Brace and Company, Inc., 1941), Pp. 253-254.
Rosten’s book is out of print, unfortunately.))

I find it strangely comforting to realize that the industry was just as broken 70 years ago.

To me, it suggests there’s a cycle to the industry. While we’re in a painful contraction phase now, there is still reason for optimism. Hollywood loves money, and money loves Hollywood. As the economy improves, I suspect we’ll see increased investment in the industry, either through new technology (as happened with home video) or new piles of money (such as foreign investment funds).

It’s a strange time for a writer to be starting in the industry. Not only will you be competing with every other aspiring writer, you’ll also find yourself up against established writers who’ve been forced to cut their quotes. With uncertainty comes caution, and studios will be less likely to take a chance on an unknown writer.

But crisis is also an opportunity. When I meet with recent film school graduates, I remind them that whatever happens next in the industry won’t be something my generation does. It will happen among the 20-somethings, the narrative entrepreneurs who figure out how to make the next great thing. Rather than seeking permission to work in the existing industry, they’ll make their own.

To become one of those inventors of industry, you need to surround yourself with similarly ambitious people. Film school is a good choice, but so is living and working in the right neighborhood in Silverlake or Brooklyn or Austin — or more likely, a place I wouldn’t even realize is a hotbed.

In the KCRW panel, Kayla Alpert made a final point worth repeating: writers can write. As frustrating a time as this is, screenwriters at every level have the unique opportunity to make something new by themselves. That’s a luxury worth more than dollars.

Is it fair use to perform one scene?

August 31, 2009 Film Industry, QandA, Rights and Copyright

questionmarkLast year a much beloved directing professor passed away and some of us are working on creating a DVD of her teaching for educational purposes. Her class was filmed one semester before she passed away and we are using this material as the basis for the DVD which will eventually be for sale to teachers and film students.

In her class students used scenes from previously produced screenplays, and directed actors using those screenplays. No clips from the actual films were used.

So the question is this, in order to put a section on the educational DVD of her discussing the breakdown of a script, or actors performing a scene from the script, who do we need to get permission from? Is permission from the author of the screenplay enough? Do we need permission from the studio who owns the screenplay for the film? Is this considered fair use?

— Diane
Los Angeles

Often the most interesting questions are the ones I can’t really answer. I’m hoping some readers with experience on the vagaries of copyright and entertainment law will weigh in with opinions and guidance. Craig? Ted?

In the meantime, I can offer some framework for what we’re discussing.

Studios own copyright on the underlying screenplays behind their movies. The scripts are considered works-for-hire — even if they were originally written as specs. But the credited screenwriter(s) retain the ability to publish the script, which is why I can offer my scripts in the [Library](http://johnaugust.com/library) without getting a call from Sony legal. ((I’ve avoided publishing scripts that are in limbo — abandoned but still owned by somebody — since they could theoretically be made at some point. Just this week I heard rumblings about Tarzan, a movie I thought long dead.))

I recently licensed a scene from my script for Big Fish to be published in a literature textbook. The fact that the publisher went through a lot of hassle to license one fairly short scene suggests that their legal folks believe that use of even a single scene falls outside of fair use. You may disagree, and the truth is I’ve given permission a lot of times when I didn’t think it was even necessary. But my hunch is that if you went to a copyright attorney, she’d say you had to get permission.

But from whom? Here’s where I suspect there’s an important distinction between printing and performing.

If you were simply projecting a page from a script on screen while you discussed it, that feels very close to printing. In fact, studios pay screenwriters a flat fee for the option of including the screenplay on the DVD.

But since your product includes actors performing the scene, you may cross into different territory. In my experience, studios seem to have all rights to film, stage, or otherwise mount a performance of material they own. For example, if Warners wanted to make a Charlie and Chocolate Factory musical, they could use any part of my screenplay without paying or even acknowledging me. That not hypothetical; Karen Lutz and Kirsten Smith wrote the screenplay for Legally Blonde, yet their names are nowhere on the Broadway show. The author of the screenplay material is considered to be MGM.

I think fair use *should* cover you, but I suspect it doesn’t. I look forward to hearing other opinions.

Subtitled success stories

August 24, 2009 Film Industry, International, Words on the page

Somewhat remarkably, the top two movies in America have subtitles. Lots and lots of subtitles.

I’d estimate that Inglourious Basterds is less than 50 percent English, with the rest being a mix of German, French and hilariously inadequate Italian, almost all of it subtitled. District 9 uses subtitles for the Prawn, along with Afrikaans, native languages and some difficult-to-understand English.

Two movies is not a trend. But I’m noting these two success stories for the next time I’m told audiences won’t tolerate subtitles.

One other observation about District 9: It’s the first movie I can recall in which two groups could largely understand the each other’s language without being able to speak it. That is, Wikus speaks English to Christopher, who answers back in Prawn. The movie suggests that humans are physically incapable of speaking Prawn, and vice-versa. It’s an interesting choice, and helps keep the Prawn more alien.

Are studios open on Saturdays?

August 20, 2009 Film Industry, QandA

questionmarkWhen trying to sell a screenplay, does it have to be accompanied by a logline and/or a synopsis? Or will just handing someone a script suffice?

And I would also like to know the general work hours of movie studios. I want to maybe personally hand my work to someone at a studio since I am uncertain of whether or not they read unsolicited work; however, I have a very unflexible work schedule, and I usually get off late. Are studios open on Saturdays?

— Evelyn
New York City

These are the kinds of questions that reflect almost no understanding of the film industry — which is fine. You’re brand new to all of this, obviously. I would ask similarly uninformed questions about lawn bowling, textile manufacture or warp drives: using the lingo without really understanding what it meant.

So I want to answer your questions while simultaneously explaining why they’re awkwardly wrong questions to ask.

Written loglines and synopses aren’t included with a script, unless you’re submitting it for some competition that requires it. A screenwriter needs to be able to distill the premise and story of her script mostly so she can pitch it: “It’s a road-trip comedy about a transgendered rabbit and a zombie turtle.”

“Just handing someone a script” is doom. No one wants to read your script. No one. If you doubt me, reverse the roles. A stranger comes up to you and thrusts a 120-page document in your hands, along with a promise-slash-threat that they will call and ask you what you thought. Unless you had reason to believe that the script or the writer was genuinely worth your time — or that saying no would have a significant social cost — you’d find a way to get out of it.

When screenwriters move to Los Angeles, the first year is spent finding people willing to read their scripts, generally for an even exchange: I’ll read yours if you’ll read mine.

The Saturday issue
======
Movie studios aren’t what you think they are. They don’t have a front desk where scripts come in. They have fairly typical Monday-Friday schedules, but that’s irrelevant.

Producers, managers, agents and filmmakers bring projects to specific executives at the studio. Paula Producer may have good relationships with three executives at Imaginary Pictures, but for this nautical action drama, she picks the guy who sails.

Getting a movie made, and getting a script set up, relies on knowing the people involved. That’s why just landing your script somewhere physically within the halls of a studio isn’t worth much. Studios have readers — I used to be one — but they’re largely there to help executives by writing coverage and reading the least-promising material that comes in.

There’s far too much mythology about “what studio readers are looking for.” Generally, they’re looking for an exit. They have very little influence on which scripts get purchased or made.

Evelyn, your goal as an aspiring writer should be to convince producers, managers, agents and filmmakers that you’re a great writer with great material. You do this by getting read; you get read by making relationships in the industry. That’s also where you’ll pick up a better understanding of How It All Works.

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