John August

QandA

The big Fox deal

Film Industry, News

In addition to Shazam! and The Nines, the other project that’s been keeping me busy for the past few months is a new deal over at 20th Century Fox, in which a group of 12 screenwriters will be getting first-dollar gross and a range of creative rights on their scripts. It was [just announced](http://www.variety.com/article/VR1117970235.html?categoryid=13&cs=1#).

The twelve writers (some of whom are teams) are:

* Michael Arndt (“Little Miss Sunshine”)
* Me (“Charlie and the Chocolate Factory,” “Go”)
* Stuart Beattie (“Collateral”)
* Ted Elliott & Terry Rossio (“Pirates of the Caribbean,” “Shrek”)
* Derek Haas & Michael Brandt (“3:10 to Yuma”)
* Tim Herlihy (“The Wedding Singer,” “Happy Gilmore”)
* Simon Kinberg (“Mr. and Mrs. Smith,” “X-Men: The Last Stand”)
* Craig Mazin (“Scary Movie 3 and 4”), and
* Marianne & Cormac Wibberley (“National Treasure,” “National Treasure 2”)

The deal isn’t unprecedented. Producer John Wells put together group of screenwriters who made a [similar deal at Warner Bros.](http://www.variety.com/article/VR1117961371.html) earlier this year. We followed the trail they blazed, and we’re indebted. What’s different about our situation is that we’re not a production company. There’s no one “in charge,” and we’re not sharing profits among us. We’re nine writers (or teams) making the same deal.

And what is the deal? Here’s the short version.

We’re each committing to writing an original (i.e. not an adaptation) for Fox — our next original script, in fact. For it, we’ll take a greatly reduced upfront fee, in exchange for our full quotes plus first-dollar gross when the movie gets made. If the movie get made — that’s the gamble the writers are taking.

Helping to ameliorate that risk, we are producers on our projects, and can’t be rewritten except in fairly narrow circumstances. We consult on the major creative decisions (like director, stars, other producers). Lastly, if the project isn’t getting a greenlight, we have the ability to take it back in a timely fashion. That’s why it’s important that these are original scripts. For adaptations or sequels, the underlying rights would make reversion difficult or impossible.

Note that when I say “we,” I’m referring the writers individually. There’s no group decision process. No production company. We’re each autonomous entities.

It’s in each writer’s interest to write a really commercial movie that (a) Fox will want to make, and (b) will earn a bazillion dollars.The deal memo doesn’t specify “bazillion,” but it’s a useful benchmark. To me, that’s the secret of the deal. While there are protections for both sides, the key ingredient is mutual benefit. Both sides have a lot to gain from making it work.

It sounds relatively simple, but Great Zeus, it was complicated. Of all of us, [Craig Mazin](http://artfulwriter.com) deserves the biggest props. If I had 10 phone calls a day about it, Craig had 30.I can now explain that the reason I had to [bail on the screening](http://johnaugust.com/archives/2007/student-films-across-america) for Student Films Across America was that the deal was closing that Friday. My phone was ringing every two minutes as the negotiations kept spinning. It was a super-heroic effort, for which he’ll be repaid in alcohol.

And now for the backstory. The day the John Wells deal was announced, Craig called me and asked what I thought about it. I thought it sounded terrific, and so did many other writers. Craig had already had conversations with Ted Elliott about doing something with a group of screenwriters, but the Wells deal was specific and tangible. It provided a focus, a template. Within a few weeks, a group of writers met at my house on a weekend afternoon to discuss the possibilities.There was no magic process in coming up with these specific writers. There’s at least another dozen who would make just as much sense on a list. A lot of us knew each other, and the few people we didn’t know had great reputations. My hope is that other writers and other studios would see this as something to try, either as a group or individually.

After phone calls with all of these writers’ representatives, Craig and I met with several studios, explaining why we thought the deal was good for them. There was a lot of interest from most of the studios,Here’s the pitch: “How would you like nine original scripts by some of the top feature writers for less than what you’d pay for one of them normally? But wait! There’s more!” but Fox stepped up in the biggest and most enthusiastic way. To put it politely, they pursued it very aggressively. To put it less politely, they pursued it with a vigor that sometimes frightened me. But their zeal was genuine, and the deal ended up happening much more quickly than any of us anticipated, through the combined efforts of many attorneys, agents, and executives. I’m loathe to start naming names for fear of leaving off someone who worked their ass off on the deal — some at the cost of family obligations — so I’ll just extend a public thank you to all of them on both sides.

So. Will it work? Will it change anything?

I don’t know. I think it’s best to classify it as an experiment. We’re each committing to one script, so if it simply doesn’t work out, no one is particularly worse off. And it’s hard to say whether the basic idea could (or should) be expanded to include the other kinds of movies screenwriters are hired to write: adaptations, sequel, remakes, and everything else that relies on underlying property. Without the ability to take the project back, it doesn’t make a lot of sense for a writer to reduce his upfront money. Even among this group, most scripts don’t become movies. The gamble might not make sense.

What I will say is that as an A-list screenwriter, it’s become increasingly difficult to set up an original project at the studios, who (understandably) want to save their development budgets for the movies they’re pretty sure they’re going to make — largely sequels, adaptations and remakes. I’m very excited to write an original for Fox, a movie not based on anything other than what I think would be great idea. So while this deal is largely about rights and money, I think it has the potential to lead to some better, more original movies. If so, that’s a win for everyone.

Update: Craig has his thoughts up at [Artful Writer](http://artfulwriter.com/archives/2007/08/meet_the_writin.html)

INT. BOOKSTORE, or something better?

QandA, Words on the page

questionmarkI am a fifteen year old living just outside of Washington, D.C. I hope to one day be a television producer, but also a film screenwriter. Thanks for your advice about writing the scenes I want to write (not necessarily in order) on paper before typing them on the computer. I felt stupid not thinking about that, but once I used that technique, the first draft of my screenplay came together in about three weeks!

Anyway, I’m not really trying to give a testimonial here, just asking a question and giving my thanks, so here goes: I’m writing the second draft of my screenplay, and I have a slugline situation. For the master, could I write “INT. BARNES AND NOBLE – NIGHT” instead of “INT. BOOKSTORE – NIGHT”. I thought that maybe giving a specific location, even if it wasn’t shot there, would add more of a realism, or connection, with the reader. Even if there’s simply a little bit more of a connection. Is there any con-side of doing this?

— Tim

Your instinct is right: being a little more specific helps the reader immediately understand the location, and saves you from having to throw a line of scene description explaining what kind of bookstore it is.

The only case where the comes back to bite you is when the line producer calls you, frantic: “We can’t get Barnes and Noble! It won’t fit the schedule! You have to rewrite the scene!” And so you end up spitting out colored revision pages that waste everyone’s time.

That’s why I tend to split the difference when I can. Instead of “BOOKSTORE” or “BARNES AND NOBLE,” try “CHAIN BOOKSTORE.” The reader gets what you are trying to say, and the line producer won’t hyperventilate.

For Shazam!, I just wrote a scene that takes place “INT. STARBUCK’S-LIKE COFFEE SHOP.” It should be clear to the line producer, production designer and everyone else that it doesn’t have to be Starbucks. It just needs that vibe.

Selling novel rights

Film Industry, QandA, Rights and Copyright

questionmarkI am a small publisher that specializes in republishing long out of print books, and I am trying to find out the best way to somehow bring these books to the attention of those who might want to turn them into movies.

I am not in the “biz”, but I was recently “cold-called” by one major producer to obtain the rights to one of my titles. Unfortunately, I do not hold the rights, but have been doing my best to be very helpful (i.e. kissing ass), in hopes that there or more titles of interest. Long story short, he found the book because it is one of his favorites, but does not seem to have an interest in any others.

I have a whole slew of similar titles that I think would make great movies, and I made my “nickel pitch” to the producer: they have Tom Clancy like plots, without Tom Clancy like advances; “Thanks, but I’ll get back to you.”

My specialty is that these books are still copyrighted, but people have given up on reprinting them because the rights-holders or heirs are too hard to find. In my case, I am able to find them and secure the rights.

What would be the best way of getting these books in front of the right people to see if they would like to option them? Also, if there is a proscribed process, what are some standard terms that are used in the business?

— Jamie
St. Pete, FL

Assuming you really have film/television rights to these books, and not just publishing rights, I think you may have stumbled onto a potentially lucrative situation. But it’s going to take a lot of work and patience on your end.

What you have is a form of [intellectual property](http://en.wikipedia.org/wiki/Intellectual_property) — the right to exploit specific literary material. It’s not tangible, but in many ways it’s the same as a piece of physical property. Your Tom Clancy-like book is the equivalent of a few acres of pristine beach property.

The problem is, Tom Clancy is like Malibu. People want property in Malibu, because they know where that is. Their friends have houses there. It has a reputation.

Your book is like an oceanfront property in South America. It might be fantastic, but people don’t know what to make of it. It has no reputation. All it has going for it is its view. So how do you sell it?

By finding someone looking to buy a property like Malibu, but much less expensive.

Who are these potential buyers? In television, I would target the production companies behind shows like Burn Notice, The Wire and The Shield. For features, I would go after directors’ production companies, particularly directors who haven’t had a big movie in a couple of years. And don’t forget screenwriters. If there’s a writer whose work you especially admire — one who is not me — contact them through their agency. It’s fairly common for established screenwriters to set up books at the studios, functioning as their own producers during the adaptation. (That was how BIG FISH got started.)

You could do worse than talking with an entertainment law firm — preferably with a Beverly Hills address. They’re the people who would ultimately make the deal, and would have a good sense of both the process and the opportunities. Depending on how many titles you have, it might be possible to sell (or option) the rights as a block to a producer.

The first step is making it easy to show what you’ve got. You’ll want a written synopsis of each of the books, along with blurbs and quotes. You’ll need both a web and print version. Pay someone good to design it: presentation counts. I’d include downloadable .pdfs of the first chapter for each, assuming they really are good books. And get consider getting a mailing address that isn’t St. Pete, Florida. (Or at least, don’t include the Florida address on any of your materials.)

And when you’ve done all this, be sure to write back in. I have a feeling many of the potential buyers for your books are readers of this blog. (Or more specifically, their assistants read this blog.)

Filmmaking, permitted

Film Industry, Follow Up, Resources

News from New York City: the Mayor’s office has declined to enact the proposed [filming restrictions](http://johnaugust.com/archives/2007/permitted-filmmaking), and is going back to the drawing board. That’s very good news. You can read more about the decision, and the road ahead, at [Picture New York](http://www.pictureny.org/archives/67).