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QandA

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.

Pitching Prince of Persia

October 13, 2009 Pitches, Prince of Persia, Projects

[Jordan Mechner](http://jordanmechner.com/blog/2009/10/prince-of-persia-movie-pitch-trailer/) has posted the game-footage trailer we used when we pitched the feature film version of Prince of Persia to the studios six years ago.

Most movie pitches don’t involve video, but with PoP, most of the studio executives weren’t familiar with the game at all, so it became an important way to introduce them to both the franchise and the world. As Jordan notes in his post, this trailer doesn’t really tell the story of the movie, but it does give a sense of the characters and style: the dashing prince’s acrobatics, the devoted priestess/princess, the dagger with its time-reversing slickness.

Jordan and I pitched seven studios over two days. Each time, the presentation was pretty much identical.

1. Introductions. Apologies for keeping us waiting. (1 minute)
2. John hyping Jordan’s prestigious videogame background. (1:00)
3. Play the video. (2:10)
4. Jordan describes the world of the Persian empire, using artwork. (:30)
5. John pitches Prince Dastan, using artwork of him. (:30)
6. John and Jordan alternate pitching story, introducing character/prop artwork as new things come up. (6:00)
7. Questions about story, tone and scale. “Somewhere between Pirates and Raiders. It’s not Lawrence of Arabia.”(3:00)
8. Promises that they’ll follow up. (1:00)

Altogether, we could get through the pitch in less than 20 minutes. Disney liked it, and sent us to Jerry Bruckheimer’s company, who bought it from Jordan. The film comes out next May.

Here’s the trailer we used for the pitch. The actual trailer for the movie is ridiculously good, and should be out before too long.

Prince of Persia movie pitch trailer (2003) from jordan mechner on Vimeo.

Can I use a book without permission?

September 30, 2009 Adaptation, Books, QandA, Rights and Copyright

questionmarkI’m currently writing a spec-pilot loosely based on a novel — not a best-seller, but one people have read. I plan on sending out queries to agents to try and get represented, but I don’t know if I need to ask permission by the author to use the ideas expressed in the novel.

The idea I’m borrowing is basically “the assistant works for the evil boss” and I don’t plan on using the same character names. I also intend on adding more characters and plots. But…and a big but, is I want to keep the title of the book as the title of the show. Seeing as nothing is really the same, I’m confused if I need to ask permission.

— Quentin
Essex, Iowa

There’s no gray area here. You are flat-out stealing, and brazenly at that. Stop.

You have a few options at this point. First and least defensibly, you can change so many of the details (and the title!) that the story feels like it’s “in the vein of” but not actually based on the book in question. National Treasure isn’t based on Dan Brown’s books, but it’s comfortably and legally within the same microgenre. It’s not the same story, but it’s the same kind of story.

In your case, there’s endless precedent for evil bosses. Do you own version. Don’t crib anything from the book at all.

A second choice is to actually get the rights. This feels like a longshot — why would a somewhat-successful author give an unproduced writer the right to adapt his book for TV? But it sometimes happens. I’ve [written about](http://johnaugust.com/archives/2007/book-optioned) how to do it.

A third choice is to simply acknowledge on the title page, “Based on the novel Title by This Author.” This doesn’t give you the right to make this pilot. You couldn’t sell it. You couldn’t produce it. But you could feel reasonably secure that no one would come after you, the same way legions of Buffy fan-fic writers don’t worry about Joss Whedon sending cease-and-desist orders. Particularly in television, there’s industry precedent for scripts that are simply writing samples. That’s what you’d have.

“No signal” is the new air duct

September 23, 2009 Genres, Video, Words on the page

This terrific compilation clip by [FourFour](http://fourfour.typepad.com)’s Rich Juzwiak demonstrates what a hoary cliché it has become to explain why movie characters aren’t using their cell phones.

I plead guilty, having used the “signal goes away” variation as a major element in Part Three of The Nines. (I feel both disappointment and relief to have not made the cut.)

Unlike the [air duct cliché](http://johnaugust.com/archives/2006/air-vents-are-for-air), the cell phone problem can’t be solved by a simple vow of chastity. Cell phones are real things people use every day, so ignoring them is rarely an option for a movie set present day.

Don’t write movies in which characters would call for help. That’s probably the best advice I can offer.

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