John August

QandA

Getting rights to a concept album

QandA, Rights and Copyright

I’ve
been writing a screenplay that is based on a certain concept album. I
was wondering where, how, and any other information that I would need
to obtain permission to adapt the work.

–Aaron

Standard
advice applies here: If you’re basing your work on someone else’s
work, then copyright probably applies, and you’ll need to get their permission
in writing at some point.

(I say copyright “probably” applies. If what you’re writing
is clearly a parody, you may be able to slip through. For example, if your
movie pokes fun at “We Are the World” celebrity sing-alongs,
you would likely be safely in parody territory. You’d also be a decade
or two too late, but so be it.)

The question of when you need to get permission is more difficult to
answer. If you’re just writing this for the hell of it, keep typing. Don’t
worry about getting anyone’s permission. But if you’re convinced
this will be your magnum opus, then it’s a good idea to start the
process of tracking down the copyright-holders. You’ll want to see if they’re
at all interested in working with you.

In the case of a concept album, copyright almost certainly rests with
the songwriters, so start there. Figure out who they are, then try to
find
contact information. Start with Google (since you’re already on-line),
searching for both the songwriter and the record label. If you don’t
have any luck, my next stop would be to call ASCAP and BMI in Los Angeles
(or Nashville, if it’s a country/western album), and try to find
agency or other contact information.

If you strike out here, your next best bet is the record label that released
the album. Ask for the legal department, and be as nice as humanly possible
while they try to direct you to the proper people. Your final option would
be to enlist the help of an experienced entertainment attorney, both to
track down the copyright holders and to help you draft any agreements you
need.

Being rewritten

Film Industry, QandA

I have written a script for a producer who says he will produce the film this
year. How exciting for me until I found out he has brought on another writer,
whose re-write is terrible. This would be my first credit, and wondered if
my chances at having a career are better with a produced script I don’t like,
or should I change my name for this one?

–B.U.

What a horrible situation. I’m sorry to hear you’re going through this. If
it’s any consolation, even more experienced writers with multiple credits find
themselves rewritten badly at times.

[Ahem.]

First and foremost, I don’t think you should take your name off the movie
until you see how it turns out. I speak from experience when I say that many
movies which seem doomed to suckdom somehow turn out better than expected.
A writing credit on a decent movie is better than no credit at all.

Also, a quick search through IMDb will reveal that many of today’s most respected
filmmakers have less-than-respectable credits. Ron Howard directed GRAND THEFT
AUTO. James Cameron directed PIRANHA II. They won Oscars,
eventually.

Since I don’t know all the details, I’m going to make some assumptions about
your situation. I’m guessing you’re not a member of the Writers Guild, and
that the producer is not a WGA signatory. (A signatory means that the producer
has signed an agreement with the WGA promising to abide by certain rules of
conduct.)

There are two reasons the WGA could be important here. First, the WGA guarantees
its members the right to use a pseudonym. Theoretically, this producer could
decide to use your name even if you didn’t want him to. Second, the WGA determines
final writing credits for movies under its jurisdiction. Since you were rewritten,
the issue of who deserves credit could come up. If the WGA is not involved
in the movie, the producer often determines credit by himself.

For now, assuming your relationship with the producer is decent, I’d hold
tight and see how the movie turns out.

Determining credit

Film Industry, QandA

It has always bothered me that Christopher Fry did not get more credit for the work and writing he did on BEN HUR. [The studio] brought Fry in (after Gore Vidal) to work on making the language more appropriate to the times. As you know, the Writers Guild gave Karl Tunborg the full screenplay credit for BEN HUR. What attention do you think other writers who work on a film should get?

–Gail

BEN HUR came out in 1959. It would be comforting to think that in the 40+ years since then, the process of determining who should get credit for writing a screenplay would have been perfected. Unfortunately, it’s just as controversial as ever.

Screen credits are a huge, sticky mess that pits writers against writers. In fact, there is currently a major debate within the WGA about a proposed redraft of the Screen Credits Manual, the guidebook used by every arbitration panel. If you’re curious, you can read more about the issue in “A Credit Forum” at the WGA website.

In particular, one of these changes would have probably benefited a rewriter like Christopher Fry, since it addresses how much “story” credit a screenwriter gets when incorporating elements from a novel (like BEN HUR).

I’ve been through several arbitrations, one of which got ugly. I’ve also rewritten scripts for which I haven’t sought credit. In both cases, I truly believe there needs to be some sort of “Additional Writing” credit to acknowledge writers who have contributed to the script. It’s frustrating that a screenwriter can spend six months working on a film without having his name in the final credit scroll, while the caterer’s assistant is there for the world to see.

What should a 14-year old do?

Education, QandA

I am 14 years-old and am very interested in screenwriting.
I have read numerous books on the subject. I have four questions:

  1. At 14 years-old, what else should I be doing besides reading
    screenwriting books?

  2. What screenwriting software do you use and why?
  3. In your years of experience, do you find that your creative
    vision makes it to the big screen, without being altered too much?

  4. How old were you when you wrote your first script? How old
    were you when your first script got purchased?

Thank you in advance for answering my questions.

–Adam

Usually I answer one or two questions per reader, but I remember when I was
fourteen I had a lot of questions, so I’ll make an exception.

First, at 14 years old you should be watching everything and everybody. I
don’t mean movies. Watch people, try to figure them out, try to listen to the
cadence and content of their speech. People are simply characters without a
plot. They’re your best place to start. And no one thinks a 14-year old is
paying attention, so they’re likely to let you watch and listen.

And of course you should write. But I wouldn’t get too hung up on writing
a whole screenplay just yet. Write snippets. Write stories. Just write whatever
you feel like.

Second, I use Final Draft for the Macintosh. I love it, but there are other
good programs. And remember, a tool is only as good as the person using it.

Third, a screenwriter’s creative vision often does suffer on the way to the
screen. A screenplay is a blueprint, and the actual movie that gets constructed
may not live up to your highest hopes. I was thrilled with GO, but then I also
produced, so I had a pretty big hand in how it would be done. Other projects
haven’t always met my expectations, and it’s usually because choices were made
that I wouldn’t have made. That’s the reality when you’re not the final voice
on a movie.

Fourth, I was 22 when I wrote my first script. I wrote it in film school,
and it was overwritten like most first scripts are. It’s never been produced,
and honestly it never should be. But it got me started. The first script I
was paid to write was HOW TO EAT FRIED WORMS, which is just now making it to
the gate. The first original script I sold was GO.

When I look back to stuff I wrote when I was 14, I’m usually impressed by
the vocabulary and horrified by the subject matter. I wrote about the stupidest
things, most of them related to Dungeons & Dragons. But it’s important
that I wrote those early things, because it gave me the confidence to make
a living at it now.