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QandA

Missing Movies

August 15, 2018 Directors, Film Industry, WGA

Last week, I [tweeted](https://twitter.com/johnaugust/status/1026347969056927744) about my surprise that I couldn’t find 1984’s The Flamingo Kid available to stream, rent or purchase online.

My experience mirrored that of Kate Hagen, who had previously [blogged](https://blog.blcklst.com/in-search-of-the-last-great-video-store-efcc393f2982) about her frustration trying to find a way to watch 1988’s Fresh Horses.

These aren’t obscure art films from the 1950s. Both of these movies definitely exist on DVD, which is why it’s surprising that they aren’t available to download from iTunes, Amazon or one of the many streaming services. ([JustWatch](https://www.justwatch.com/) is a great way to look up where a movie is available.)

Readers on Twitter chimed in with even bigger titles that are surprisingly unavailable digitally, including Cocoon, Willow, True Lies and Apocalypto.

This raised three questions:

1. Why are these movies missing?
2. How could someone fix this?
3. How many other movies from the home video era (1980 onward) are unavailable to legally watch online?

I tackled the third question first.

## Let’s make a list

I started by crowdsourcing a list of missing movies using a simple form. From that came a [spreadsheet](https://docs.google.com/spreadsheets/d/1XnTJR5iEqWbcji9uhs3IpDgw2PVKRSc-G2kBcJimYJk/edit?usp=sharing) that’s currently up to 394 entries. ((You’ll see duplicate titles and other garbage data on the list, which is one of the drawbacks of letting anyone add to it.))

A few patterns quickly become clear.

Very few movies of the past ten years are unavailable. That makes sense; they arrived in the era of iTunes and other digital services. For these titles, home video meant online, not just DVD or tape.

While a crowdsourced list can single out individual titles, I put out the call for a more systematic approach. Stephen Follows took up the challenge, which resulted in a [blog post](https://stephenfollows.com/how-many-movies-are-available-to-stream-rent-or-buy-online/) that tracks the availability of the 200 top-grossing movies for each year going back to 1999.

He finds that overall availability was pretty good:

> Across all 4,000 movies, just under half are available to stream via subscription, 92% can be rented digitally and 95% can be bought digitally. The availability is slightly better for the highest grossing 50 movies, as opposed to the top 50 as judged by audiences and film critics.

For this cohort of 4,000 titles, just 120 movies can’t be streamed, rented or purchased digitally. That’s no consolation if you’re looking for Apocalypto or Basic Instinct 2, but it’s pretty good.

I asked Stephen to expand his search back to early decades. My hunch was that availability fell off a cliff starting sometime in the mid-90s. The results bore this out.

When looking at the 100 top-grossing movies from 1970 to 2017, you see the growing mountain of missing movies.

chart showing digital availability

The chart on the left shows films you can buy digitally on sites like iTunes, Amazon and Google Play. ((The digital rental chart is nearly identical, except that very recent movies tend to only be available for purchase.)) While there are peaks and valleys, the trend line is clear: with each decade, availability falls by double digits.

The chart on the right shows it even more starkly. As you head back in time from 1997, the number of missing movies skyrockets. When I looked at the [list itself](https://docs.google.com/spreadsheets/d/1cDol7En5tQrfaEwrvcrmWhAreJhTcnMQHdkBr-sQvFg/edit#gid=326894604), I didn’t recognize many of the titles from 1970s. But some jumped out, including Sleeper, All That Jazz and Sleuth.

In all, Stephen identified 335 films that are unavailable. Is that list exhaustive and conclusive? No.

Particularly for streaming, films can fall in and out of license. And by design, this study is only looking at US availability for the top 100 films. That’s a tiny fraction of global film history. It’s like trying to define “books” by the New York Times bestseller list.

Still, it’s a useful place to start. These are movies that one would reasonably expect to find online, yet they’re missing.

## Next steps

Now that there’s a list of unavailable movies, can anything be done?

I have a few ideas.

I’m a member of the Academy, so I’ve been talking with folks there about whether this is something that might fall under the Academy’s purview. It’s a form of film preservation, after all. If no one can watch a given movie, it’s functionally lost.

A more immediate way of getting some action would be to talk to some of the directors with films on the list and encourage them to get their movies released digitally. Ron Howard and James Cameron are obvious candidates.

Some of these movies from the 1970s may have never been released on home video. Getting them digitized and placed online is going to be a lot of work, and I honestly don’t know who’s going to take that challenge.

For films that do exist on DVD, my suspicion is that what’s keeping them off of iTunes and streaming is mostly murky rights issues. Some of these distributors have been bought and sold multiple times, so determining who controls the rights to a given movie can be complicated.

But sorting it out is doable. The same way chemists and colorists can save old film prints, I suspect lawyers and paralegals can save some of these missing movies. They’ll just need a framework for doing it, which is something I think the Academy might be able to provide.

## But what about physical media?

A thing I’ve been hearing a lot over the past week is some version of, *That’s why I still buy DVDs.* Or *That’s why we have videostores/libraries/Netflix-by-mail.*

Physical media is one solution for making sure these movies aren’t lost to time. But a DVD sitting on someone’s shelf doesn’t solve the problem of me wanting to watch The Flamingo Kid tonight.

You can argue that we’re spoiled in the internet age. We expect everything to be available on demand at all times.

Well, yeah.

I don’t think we need to apologize for that. If I can watch Taken, why not Ransom? I don’t think we have a “right” to see any movie at any time, but in 2018 we have a reasonable expectation that mainstream movies are a few clicks away.

Plus, there’s a real economic incentive for figuring this out. Digital rental, download and streaming generates money for distributors, along with residuals for writers, directors and actors. ((And other guilds as well, through funding their pension and health plans.)) If a film is only available on used DVD, it’s stopped earning income for its creators.

In no way am I arguing for the end of physical media, or video stores or libraries. We need all of them, plus a renewed focus on making sure movies are available in legal digital forms. Because of course, many of these films are available online through torrent sites.

Piracy isn’t an answer to the problem. But what we can learn from pirate sites is that there’s always an audience for a movie.

In the days of DVD, a distributor needed to sell a certain number of copies in order for the print run to be profitable. For online digital, that number is nearly zero. Once a film is online, it can keep generating money nearly indefinitely.

So let’s get The Flamingo Kid, Fresh Horses and 1995’s Circle of Friends online. It’ll be worth it for everyone.

Best Popular Screenwriting Podcast

Episode - 363

Go to Archive

August 14, 2018 Arlo Finch, Film Industry, Follow Up, Producers, Rights and Copyright, Scriptnotes, Transcribed, Videogames, WGA

John and Craig pack this business-centric episode with big picture conversations about guild negotiations, changes to the Oscars, the Disney/Fox merger, the Paramount Consent Decree, and the tragedy that is being unable to stream The Flamingo Kid.

Links:

* Scriptnotes is now on [Spotify](https://open.spotify.com/show/6ohMdZ91g1sXIYz8ylNgD9)!
* The [Austin Film Festival](https://austinfilmfestival.com) is coming up on October 25th!
* [Changes are coming to the Oscars](https://www.npr.org/2018/08/08/636743517/changes-are-coming-to-the-oscars-heres-what-we-know), including a new category for “Outstanding Achievement in Popular Film.”
* [IATSE](https://en.wikipedia.org/wiki/International_Alliance_of_Theatrical_Stage_Employees) is [not backing](https://deadline.com/2018/07/editors-guilds-rejects-iatse-film-tv-contract-1202435757/) its Editors Guild in asking for a reasonable turnaround and pension support.
* [The Department of Justice will review the Paramount Consent Decree](https://deadline.com/2018/08/doj-to-review-paramount-consent-decrees-governing-how-studios-distribute-movies-to-theaters-1202439066/).
* [In Search of the Last Great Video Store](https://blog.blcklst.com/in-search-of-the-last-great-video-store-efcc393f2982) by Kate Hagen for the Black List blog.
* Add to [this form](https://docs.google.com/forms/d/e/1FAIpQLSdt2TnjvPuS5OWBrTwgWSnBp-18yGfuI1jc1ASlrkHa_Wh8vQ/viewform) if you find a movie that isn’t streamable.
* [Antihero](https://itunes.apple.com/us/app/antihero-digital-board-game/id1265355382?mt=80) game for iOS.
* Mark Halpin’s [puzzles](http://www.markhalpin.com/puzzles/puzzles.html) for The Nation
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Scriptnotes Digital Seasons](https://store.johnaugust.com/) are also now available!
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Luke Davis ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_363.mp3).

**UPDATE 8-22-18:** The transcript of this episode can be found [here](http://johnaugust.com/2018/scriptnotes-ep-363-best-popular-screenwriting-podcast-transcript).

The One with Mindy Kaling

August 7, 2018 Broadway, Education, Film Industry, Genres, Los Angeles, QandA, Scriptnotes, Story and Plot, Television, Transcribed, Writing Process

John sits down with writer/actor Mindy Kaling (The Office, The Mindy Project, Champions) to talk about her origin story, her big break as Ben Affleck, what it’s like to simultaneously showrun and star in a sitcom, and the nature of half-hour comedies.

We also answer a listener question about point of view and its relationship with genre and medium.

Links:

* Thanks to [Mindy Kaling](https://en.wikipedia.org/wiki/Mindy_Kaling) for joining us!
* [Champions](https://www.nbc.com/champions) is available to watch on NBC.com.
* You can watch a recording of her play, [Matt and Ben](https://www.youtube.com/watch?v=uBbMv3gO0lo), written and performed by Mindy and Brenda Withers. It premiered at the [Fringe Festival](https://en.wikipedia.org/wiki/New_York_International_Fringe_Festival) in New York.
* Keep an eye out for [Four Weddings and a Funeral](https://www.hollywoodreporter.com/live-feed/mindy-kalings-four-weddings-a-funeral-anthology-a-go-at-hulu-1106794).
* [The End of the Fucking World](https://en.wikipedia.org/wiki/The_End_of_the_F***ing_World) and [Godless](https://en.wikipedia.org/wiki/Godless_(TV_series)) on Netflix
* [The Visitors](https://www.thebroad.org/art/ragnar-kjartansson/the-visitors) by Ragnar Kjartansson at The Broad
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [Mindy Kaling](https://twitter.com/mindykaling) on Twitter
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Scriptnotes Digital Seasons](https://store.johnaugust.com/) are also now available!
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Timothy Vajda ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_362.mp3).

**UPDATE 8-14-18:** The transcript of this episode can be found [here](http://johnaugust.com/2018/scriptnotes-ep-362-the-one-with-mindy-kaling-transcript).

From Indie to Action Comedy

July 31, 2018 Directors, Film Industry, Genres, Highland, Producers, QandA, Scriptnotes, Software, Transcribed, Writing Process

John welcomes Susanna Fogel and David Iserson to talk about making their new movie, The Spy Who Dumped Me. They discuss the transition from TV and indie film to blockbuster, the collaboration involved in crafting a comic action sequence, and the fun of production overseas.

Susanna and David explain the advantages of spec scripts (this was one), and what it’s like writing with a partner.

Links:

  • Thanks to Susanna Fogel and David Iserson for joining us! The Spy Who Dumped Me is in theaters now.
  • David’s much-anticipated premiere suit
  • Banvard’s Folly by Paul Collins
  • American Kingpin by Nick Bilton
  • Natalie Walker’s Twitter Auditions
  • Also, as promised in episode 357, this is Craig’s fancy corkboard!
  • The USB drives!
  • David Iserson on Twitter
  • Susanna Fogel on Twitter
  • John August on Twitter
  • Craig Mazin on Twitter
  • John on Instagram
  • Find past episodes
  • Scriptnotes Digital Seasons are also now available!
  • Outro by Rajesh Naroth (send us yours!)

Email us at ask@johnaugust.com

You can download the episode here.

UPDATE 8-7-18: The transcript of this episode can be found here.

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