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Happy Birthday to Lawyers

July 21, 2011 Rights and Copyright

If you write a scene in which characters sing “Happy Birthday,” prepare to [write a check](http://www.slate.com/id/2298271/pagenum/all/):

> Its copyright retains an eternal power to provoke incredulity: *Really? I have to pay for that?* But Warner Music Group, who acquired it in 1988, collects upward of $2 million a year from film and TV fees off the song.

But is the copyright valid? George Washington University law professor Robert Brauneis says no:

> “It is almost certainly no longer under copyright,” he concludes in his study, “due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.”

> So where’s that $2 million annual windfall still coming from? Insurers, for one: The insurance necessary on film financing often requires that litigation be avoided by paying all permissions fees. And even without that barrier, it’s simply cheaper to pay the bill than it is to fight Warner.

Paul Collins has the [full story](http://www.slate.com/id/2298271/pagenum/all/) for Slate.

Writing fight scenes

July 19, 2011 Charlie's Angels, QandA, Words on the page

questionmarkHow much should one describe a fight scene in a screenplay? How specific should you get? What do you leave for the director/choreographer to figure out?

— Evan

answer iconAlways remember that you’re writing a movie, not a screenplay. Even though you only have words at your disposal, you’re trying to create the experience of watching a movie.

When two characters are talking, that’s easy. Dialogue is straightforward.

When two characters are fighting, that’s hard. Action sequences are the most difficult and least rewarding things a screenwriter writes, but they’re essential to many movies.

I’d direct your attention first to a scriptcast I recorded: [Writing better action](http://johnaugust.com/2009/writing-better-action).

My advice there applies to any situation in which characters are running around, doing things.

Keep sentences short.

Use sluglines to break things up.

Keep our attention so we’re not tempted to skim.

When you have two characters fighting, you’re not going to write every punch. Rather, you need to get specific on how this fight feels different than every other movie fight. What is it about the style, the environment, the stakes and the story that makes this battle unique to this movie and this moment?

The original script for the 2001 Charlie’s Angels sequel (then called Charlie’s Angels Forever) called for Alex (Lucy Liu) and The Thin Man (Crispin Glover) team up in a generic suburban house in Las Vegas.

Here’s what the minimal version of the scene would look like:

INT. HOUSE – DAY

Alex and The Thin Man take on a dozen CARULLO FAMILY THUGS, smashing the house apart in the process.

When every goon is down, Alex disarms The Thin Man. A tense moment, then they suddenly kiss.

ALEX

Who are you?

It’s short, and you’ll find examples like this in many screenplays, including some that have been produced. But it’s cripplingly unspecific. As readers, we have no idea what we’d actually see on the screen.

Will it be scary? Goofy? Gruesome? Realistic?

The actual scene I wrote was a lot longer:

INT. BEDROOM – DAY

TWO THUGS open the closet doors, pawing through racks of dresses as they look for their prey. But they haven’t yet checked

UNDER THE BED,

where a knife-wielding hand suddenly lashes out, cutting one thug’s Achille’s tendons. The goon SCREAMS as he falls. Gun in hand, his partner flips back the comforter to carefully look underneath.

But there’s no one there.

Confused, he glances up just in time to see the Thin Man kick him across the face.

Hearing the commotion, two more GOONS crowd into the room.

Ripping the clotheshanger pole from the closet, the Thin Man uses it as a quarterstaff. Not only does he take down those two thugs, he also drives it

THROUGH THE WALL

to peg ANOTHER GUY in the hallway.

INT. KITCHEN – DAY

Still holding Chico the Chihuahua, Alex takes on one THUG after another, using all the tools at her disposal. One guy gets hit with the freezer door, while another gets a face full of flour and a frying pan to the head.

Alex may not be much of a cook, but she’s great in the kitchen.

Needing both hands free, Alex puts Chico into a ceramic cookie jar. A beat later, the dog pokes his head out from under the lid, wanting to watch the fight.

Rolling back over the counter, Alex swings a hanging plant to knock out a pursuer. Be it a waffle iron, rolling pin or barbecue tong, anything Alex touches becomes a weapon.

INT. BATHROOM – DAY

A THUG goes flying through the glass shower door, which SHATTERS. Wrapping his hand in a towel, the Thin Man grabs a large shard and uses it as a glass sword.

INT. LIVING ROOM – DAY

On the table, the iMac’s progress bar shows that Betty’s interminable download is nearly complete. Alex faces two more thugs. She kicks one through the wall. Just then we hear...

AOL VOICE

File’s done!

Alex picks up the iMac and SMASHES it into the second thug, who goes down. Just when she thinks she’s finished, she hears a

SHOTGUN PUMPING

behind her. She turns to face one last thug, the LEADER. He keeps both barrels trained on her.

THUG LEADER

Kung-fu this, bitch.

Alex knows she’s toast. But just then, we hear a THWICK!

The cut was so fast we didn’t really see it, but then the Thug Leader’s head separates from his body. Both parts fall, revealing

THE THIN MAN,

who carries his improvised glass sword, now blood-stained.

Half a beat, then Alex rushes him. She spin-kicks and SHATTERS his sword, which falls to pieces on the floor.

Both unarmed and extremely dangerous, Alex and the Thin Man stare at each other, face-to-face, not sure what happens next.

Suddenly he grabs her, pulling her in for

A PASSIONATE KISS.

She doesn’t fight it -- at least not at first. But then the adrenaline wears off, and she pushes free.

ALEX

Who are you?

While I’ve included a lot of specific ideas about what kinds of things we’d see (shower doors, closet rods), I’ve left a lot of room for the director and fight choreographer to be creative (“Be it a waffle iron, rolling pin or barbecue tong, anything Alex touches becomes a weapon.”).

The scene as written gives a sense of what the final scene will feel like, even if a lot of the details change. That’s what you should be aiming for in a fight sequence.

Hollywood interns aren’t essential

July 14, 2011 Film Industry, Follow Up

Nicole Iizuka ([@nicolemiizuka](https://twitter.com/#!/nicolemiizuka)) took issue with [my remark](http://johnaugust.com/2011/suing-to-get-an-agent-contd) that “All the interns in Los Angeles could get Raptured tomorrow and the town would function just fine.”

I asked her to prove me wrong, and she answered the challenge [on her blog](http://www.cakeandheels.com/2011/07/why-hollywood-interns-are-indispensable.html).

It’s a nicely put-together post. You might want to open it in another tab and read it. Go ahead. I’ll be here.

Are you back? Great. Here’s where I think she’s right.

**1) Internship is a useful filtering mechanism.**

When hiring assistants, Hollywood looks for internship experience. It’s not as much about what the applicant has learned on those internships, but the fact that she worked someplace without burning the building down.

An internship means a reference. A name. A phone number. Prospective employers want someone they can call to answer the most important question: “Would I regret hiring this person?”

**2) Assistants like having interns working for them.**

In my last assistant job, I supervised three interns. And yes, when you’re at the bottom of the totem pole, it’s nice to bring in someone below you.

But did I *need* interns? No.

Because I couldn’t be certain they’d actually show up, all the work I assigned them was, by definition, inessential: reading scripts we didn’t particularly care about, compiling file boxes that would be shipped off to storage forever. And yes, interns answer phones when assistants run to the restroom. But so does voicemail.

These two points conceded, I don’t think Nicole has made a convincing case that Hollywood would fall apart upon Intern Rapture.

> First off, there have been numerous cases and articles stating the obvious, that businesses heavily rely on a young and eager staff of free labor to keep their bottom lines at bay. While there is a general sense of deep coffers when it comes to the industry, excess spending by studio executives, actors, directors and producers living luxurious lives, in reality most companies barely budget a meager salary for their underpaid and overworked assistants. Add to that a seemingly insurmountable list of daily tasks, and companies’ unwillingness to hire more employees; we are left in a place where interns are an absolute necessity.

Without links to these cases and articles, she appears to be begging the question; interns are indispensable because they’re indispensable.

> If they disappeared tomorrow, riots would break out, people would quit their jobs or suffer mental breakdowns and the generally smooth operation of the daily grind of Hollywood would go into chaos.

And after everyone’s done rending their clothes, all the things that interns do right now would be divided into three categories:

1. Stuff assistants will now do
2. Stuff we’ll hire freelancers to do (e.g. writing coverage)
3. Stuff that just won’t get done

Of these, I think #3 would be the biggest category.

Revisting my first conceded point: Without interns, where would Hollywood find qualified assistants?

Answer: At top-tier schools, same as always.

The problem isn’t a dearth of qualified candidates. The filtering aspect of internship is simply a way of separating the awesome wheat from the only-okay wheat. College already got rid of the chaff.

While it’s true that ultimately no one in Hollywood really cares where you went to school or what grades you got, an Ivy League education is always going to be a helpful pre-filter. Right now, young Brown grads land internships with alums. If there were no interns, those same Brown grads would land interviews for assistant jobs.

When you take out the bottom rung of the ladder, there’s still a ladder.

Without internship experience, these newly hired assistants would have a rougher first couple of weeks. But they’d survive. And so would Hollywood.

The Intern Rapture is a thought experiment. None of this should be read as an attack on interns or the idea of internship. Interns work hard, and often benefit from exposure and experience.

There are fair criticisms to be leveled at the current system, which benefits young people who can afford to work for free. But at the same time, Hollywood internships help level the playing field; nepotism and a brand-name degree don’t count for much when you’re making copies and coffee-runs. Either you can write good coverage or you can’t. Internships are an opportunity to prove yourself.

I was an intern from a Midwestern university. I parlayed my first internship into a paid reading gig because I worked harder. I made myself useful.

But there’s a wide gap between “useful” and “essential.” I don’t think Nicole has demonstrated that interns — either individually or collectively — are actually vital to the workings of Hollywood.

Javier Grillo-Marxuach on craft

July 14, 2011 Television, Words on the page

The Tiny Protagonist has a [good interview](http://thetinyprotagonist.wordpress.com/2011/07/12/interview-javier-grillo-marxuach-of-lost-and-the-middleman-part-1-of-2/) with Javier Grillo-Marxuach (a writer/producer on Lost and many other shows), talking about how he got started and the craft of television.

I like his explanation of keeping the reader engaged:

> You know what a Gilligan cut is? It’s how on Gilligan’s Island, the captain always goes, “I’m not wearing the chicken suit!” and then bam –- he’s wearing the chicken suit. A Gilligan cut is very much a SMASH CUT TO. So if I have two scenes that are sort of languid scenes of characters, you probably don’t put a CUT TO. But if you’re doing a Gilligan cut, then you put a SMASH CUT, and instead of using a slug line, you turn your slug line into the captain wearing the chicken suit, and you describe the setting later. So you do things like that really to try to get the reader involved with the prose so they don’t just go from dialogue to dialogue.

To get a sense of his style, check out [Grillo-Marxuach’s site](http://web.mac.com/chaodai/Grillo_Marxuach_Design_Bureau/projects.html), where he’s posted a bunch of his scripts, treatments and pitch documents.

He also discusses one thing I’ve come to appreciate over the years: screenwriting does get easier with practice. What you lose in youthful energy you make up for in finesse:

> I find that, what experience gives you is craft, which means that when inspiration fails you, you can still build a pretty workable set of bookcases, even if they’re not the prettiest bookcases. And an ability to cope, mostly to cope with the psychological rigors of the job.

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