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Scriptnotes, Ep 203: Nobody Eats Four Marshmallows — Transcript

June 25, 2015 Scriptnotes Transcript

The original post for this episode can be found here.

John August: Hello and welcome. My name is John August.

Craig Mazin: My name is Craig Mazin.

John: And this is episode 203 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Craig, how are you?

Craig: You know, I’m doing quite well. I’m in the strange screenwriter summer place where my children seem to be off of work. I’m not off of work but I feel like I should be off of work. In fact, I think I have more to do now than I did before. I don’t think we ever outgrow the feeling that summer is supposed to be not-work time.

John: Yes. I had the week-long vacation which really felt like my summer break but I’m definitely now back into it. And I’m in to this rewrite and figuring out how to actually execute those things. I said, “Oh, yeah, sure. I can do that.” And then you stare at the scenes and figure out, “Oh, my god, how am I going to do that?”

Craig: Isn’t that the worse feeling when you think to yourself in the moment, “Oh, you know what, there is an easy path there.” And then after maybe five more minutes of private consideration you realize, “Oh, no, no. Oh, no, no.” But it’s too late.

John: Yeah.

Craig: You’ve said it was easy.

John: You already said yes.

Craig: Yeah, I know it’s terrible.

John: Yeah. And the challenges are, in general, I could do all those things but to do all those things without adding pages is incredibly difficult. So you’re looking at sort of how to make these changes work in a way that makes everything better and doesn’t drag stuff out. And I think I can really do that in this pass, but it’s just taken some really careful brain time to do it.

Craig, I don’t know if you ever do this thing called Morning Pages? Have you heard this idea of Morning Pages?

Craig: No.

John: No. So I think I’m probably doing it wrong and I’ll probably explain it wrong. But it’s the idea that the first thing when you wake up in the morning, you go and you write down the stuff that your day is about or the stuff that you’re going to be working on that day and it’s meant to be a way to focus your brain and focus your attention. And I think there’s probably a philosophy that I’m not executing quite correctly. But this last week I tried it.

And so, every morning I’ve been waking up and before I go downstairs and drink my coffee, I’ll just spend a few minutes scribbling down sort of what this stuff is that I’m writing that day. And it has been useful, I think, in terms of focusing on what I’m actually going to do and what the scene work will be for that. And so, some of the solutions I found this week have come out of that. So, if people are looking for a new thing to try, that might be the new thing to try.

Craig: I do a similar thing but I usually do it right before I go to bed. Because I find that if I have some clarity about what the next days’ accomplishments are supposed to be, it’s a lot easier for me to go to sleep. I feel comforted. I think, okay, I have a plan.

If I go to bed without any concept of what the next day is going to be, sometimes, I toss and turn. I’m a little worried. When I wake up I can just start to do those things, of course, as you know, I will use the shower as the shower.

John: Yeah.

Craig: Get it?

John: The shower is the shower of revelations for how you’re going to get things done.

Craig: Don’t anyone ever tell me I’m not clever.

John: Uh-uh-uh.

Craig: I changed a vowel sound.

John: Yeah, no one will ever tell you that you’re not clever.

Craig: [laughs].

John: They’ll never tell you that you’re not clever.

Craig: Everyone is thinking it.

John: Mm-hmm.

Craig: Yeah.

John: So let us get to the work for today which is we were going to talk about what turnaround is and how it works. You know what, it’s possible we discussed turnaround on a previous episode, but if we have, it’s been so long ago that you and I don’t even remember what turnaround is.

Craig: Yeah.

John: So we’re going to have a Professor Craig explanation of what turnaround is.

Craig: Mm-hmm.

John: We’re also going to answer a bunch of leftover questions from the live 200th episode. That was a fun time where we had people writing their questions, you know, listening to the show in real-time, sending in their thoughts and their questions. We were able to answer maybe five of them on the air, but we had a lot of them leftover.

Craig: Yeah.

John: So Stuart gathered them together and we’re going to try to blow through a bunch of them today.

Craig: Great.

John: So, it should be a fun episode.

But first we have some follow up. In the last week’s episode, we discussed a site called FAST Screenplays and our opinion of it to summarize was not high. And we did not think it was necessarily a site to which people should be paying money. Craig had the opportunity this week to do some follow up and conversations with the owner of the site and the program, Jeff Bollow. So do you want to summarize what that entailed?

Craig: Yeah, well, Jeff contacted both of us on Twitter publicly so everybody could see that that’s there and essentially and then followed up with an email saying, “Hey, you know, I feel like I’ve been misunderstood here and actually I’d love a chance to explain to you what I’m doing. I think you will agree that it is a positive thing and it really is worth $30,000,” and et cetera.

And before we decide how we’re going to deal with this, I did have one question for him. Because the thing that was bothering me I suppose the most, the thing that stood out the most that was setting FAST Screenplays apart from a lot of the other sites that we get angry about was that he was claiming it was not-for-profit. And so I asked him if in fact his company and I wasn’t sure if his company was Australian or American, if it was recognized by any relevant taxation authority as a not-for-profit or non-profit company and he wrote us back and said, “Actually, no, it’s not.”

And what he said is that he never intended to imply that it was a legitimate charity, you know, or a non-profit organization the way we understand them to be in the legal sense. He wasn’t even aware that that was possibly something that he could be misleading about, but he understands now that that is misleading and so he apparently has taken that description off of the website. So, at least, there was a positive development.

You know, I’m not sure how to go about this with him because on the one hand I do feel like anybody that we suggest is not being, hmm, let’s say, ultimately useful for the good and welfare of screenwriters should have a chance to defend themselves or rebut or explain. On the other hand, I’m concerned about just giving him our venue as a platform to promote his program. I don’t want to do that either because, frankly, I have no interest in that. So I’m not sure how to proceed here.

What’s your instinct, John?

John: My instinct is to do sort of exactly what we just did in this last 30 seconds which is to explain that there was a conversation and that some things were said, but, you know, it’s up to other people in their own venues to figure out the ways to respond and that it’s not our place to offer an open-mic to anybody who feels offended.

Craig: Well, I think that that settles that. I mean, I do think that he is obviously — he can go ahead and sort of put his own rebuttal up on his website. I was glad that we cleared up the non-profit issue. That was the thing that was really sticking out to me. But, yeah, I agree with you. I think — and, you know, we’ll respond to him but, you know, he was offering to explain his system to us and how it works. I just I’m not interested in that. I don’t —

John: I’m not interested either.

Craig: Yeah.

John: It’s a podcast about things that are interesting to screenwriters, notably us, and that was not particularly interesting to me.

Craig: We’re not interested in it therefore it will not be on our podcast about things that are interesting to us.

John: You and I both got a tweet from a person named Matt Treacy who writes, “Curious whether you guys actually do any genuine research or contact individuals before assassinating their character.”

Craig: [laughs]

John: And I do want to clear this up because we do a lot of research and people may not realize that part of the funds that we’re getting from the subscriptions is to hire private investigators to sort of really do the leg work and the field work to make sure that it’s possible for us to really, you know, know what we’re talking about. So it may just seem like we’re just two guys standing at microphones talking once a week but there’s really a whole crack research team behind this whole thing. And, you know, sometimes, you know, the ethical calls that we get into, it’s sort of like an Aaron Sorkin show where there’s a lot of back and forth, Craig and I are arguing before we get on the air but that we really have all the facts exactly right and straight. And I hope that comes across in our weekly banter.

Craig: Yeah, I mean, look, we sit down every week and we pick from a list of people who we feel deserve to be assassinated. And then we have, yes, a lot of times we’re yelling at each other, “But are you sure? Are you sure?” No, we’re not in the business of character assassination. We read a guy’s website and we commented on it. I think probably that’s a friend. I assume that’s a friend.

John: I think it may be a friend.

Craig: I think it might be a friend. I don’t think that friend is doing his friend any favors with that kind of thing. I mean, no, we’re not interested in character assassination. We are interested in protecting, as I said before, the good and welfare of screenwriters in general. Anybody that’s looking to make a buck off of screenwriters ought to be able to face this kind of critique. And considering that I basically start from a default position of don’t spend money on your screenwriter career, is it really that shocking that I had a problem with that?

John: Nothing is shocking to me anymore, Craig.

Our next bit of follow up is Tess Gerritsen who has a lawsuit in the works against the film Gravity. So we first talked about this in a full-length dedicated episode. It’s episode 183. And so I think it’s time for a little bit of Game of Thrones sort of previously on Scriptnotes so we can actually get all up to speed because it’s really complicated. So I’ll try to do the short version of this.

So previously in the Gravity legal drama, novelist Tess Gerritsen writes a book called Gravity. She sells the film rights to Newline for $1 million with additional payments due if they make the movie. Alfonso Cuarón makes a movie called Gravity for Warner Bros which is a giant hit. Gerritsen says, “Hey, wait, that movie is based on my book.” Warner says, “Nah-uh. It isn’t. And even if it were, the movie rights are owned by Newline and we own Newline so there’s no issue here.”

Gerritsen sues. She wants the money she feels that she’s owed and also a discovery basically, ability to do research within Warner Bros, so she can establish that Warner and Newline are deliberately trying to screw her out of the money.

So the judge here was Judge Margaret Morrow and she said basically, “Nope, you haven’t made a compelling case.” But she gave Gerritsen’s legal team an opportunity to revise their complaint to address the nature of the corporate relationship between Warner and Newline and that’s where we left it last February.

So in the meantime, it turns out Gerritsen’s legal team did file their amended complaint and Judge Morrow this past week came back and said basically again, “Nope.” And so we’ll put a link in the show notes to the actual like 50 or 60-page legal document that came out of it, like, Gerritsen’s opinion. But I’ll tell you, it’s one of the most boring legal documents I’ve ever gone through and I’ve gone through a bunch, because it’s only really looking at the nature of the corporate relationship between Warners and Newline and it’s just eye-glazingly boring in terms of what is the difference between a merger and an acquisition and a stock thing.

Craig: Right.

John: And, I don’t know, Craig, did you try to pile through it?

Craig: Yeah, yeah, I tried. You’re exactly right. What’s happened here is that Gerritsen’s case which the moral core of it is, “Hey, you ripped off my book.” And she also alleges that she did some writing on the screenplay that was developed of her book directly which was written by Michael Goldenberg, not the Cuaróns. The moral core, you rip me off, that’s been discarded. At this point now it’s just been drifting to this whole other thing of, “Hey, these are the same companies and so I should automatically…”

It’s very much now about the relationship between these companies. And so, naturally, the ensuing legal decision is as boring as that topic. And I couldn’t finish it because, as you said, it was eye-glazingly tedious. But the upshot is that the judge enlisting multiple cases and all that other stuff just said, “No, no, you’re done.”

John: Yeah, it feels like the whole thing was like one giant parenthetical. It was all like, you know, half of a page would be sort of parenthesis about all these other cases. And so, it was really hard to get through.

One of the key phrases that’s in here is “breach of implied covenant” which is basically that Katja/Newline had an obligation to pursue the claim against Warner Bros for, you know, making Gravity —

Craig: Right.

John: Which is the same as their project or related to their project, she wasn’t buying that. So that was sort of the upshot of that. It looks like there’s still one more round of this where they’re able to go back another time and try to make their case on the specific nature of the relationship, but she’s even sort of drawing a tighter circle about what could be in this revised complaint. So we’ll see what happens next.

Craig: it’s getting pretty watered down. I mean, look, she’s —

John: Yeah.

Craig: She’s now saying like, forget whether or not I can prove that they did this; now what I’m really angry about is that they, Newline, didn’t try and sue them. But, yeah, okay, fine and no, but also, where is the substance now? At no point have we ever seen any substance from her that Cuarón’s movie has anything to do with her book or her screenplay with Newline.

John: Yeah. So in her latest blog post Tess Gerritsen talks through sort of her reaction to this whole thing. And so, continuing tradition from the first Gravity, we have our friend Christy reading Tess Gerritsen’s words here so we can respond to it so it’s not just me talking this whole time. So here is a sample of the latest blog post.

“This ruling allows me no possibility of remedy. Even if the Warner Bros film had copied my story word for word there would be nothing I could do about it.”

John: Craig, is that true?

Craig: No, that is totally not true. It’s so not true that my teeth hurt.

John: So let’s imagine this hypothetical where she is exactly right, where there’s just no question that the film Gravity completely copies the plot, story, characters, everything from her book, what would be different about this situation?

Craig: So she’s saying, even if the Warner Bros film had copied my story word for word there would be nothing I could do about it. At that point, the easiest thing for her to do about it would be to file a credits complaint and she would certainly know. File an arbitration complaint with the Guild when the credits for Cuarón’s Gravity are being determined to say, “Hold on a second, they’ve left my name off. I should be included on this as a participating writer.”

If for story alone she had written material, not just the novel but had also written screenplay material, so right off the bat, there is a way — and let me point out, you don’t even have to be employed. If she had written a screenplay in her house and had — and there were some proof that it had existed prior to Cuarón’s screenplay, that would be enough for her to say to the WGA, “Hold on. I got ripped off here. I deserve to be a participating writer. I have material in the final screenplay of this film.” That is separate and apart from her rights issues and her contract issues with Newline and Warner Bros, but it would afford her, if she were correct, and hearing her hypothetical “copied my story word for word” she would almost certainly get some kind of story credit and she would also get residuals.

And then working backwards from there, it would be extremely hard for Warner Bros or Newline to say, “Oh, yeah, and you know what, we’re also not going to now honor the contract that says, if we make a movie of your book, you get $500,000.” I’ll ignore the 2.5% of net profits since that doesn’t exist.” Really, what it comes down to is $500,000 and credit. And so, of course, there would have been something she could have done about it.

But no, the Warner Bros film did not copy her story word for word. And I find this very slippery. What’s she’s doing is saying, “Well, okay, what I know is that I cannot show that they copied my story word for word or a word as far as I could tell, so I’ll just say that if they had, there’d be nothing I could about it.” But they didn’t and there would have been.

John: Yeah. Also, imagine this hypothetical. So let’s say it plays out more the way the real situation does where Tess Gerritsen says she was aware that there was a film called Gravity, at the time, she believed it wasn’t based on her book at all. It was only after seeing the movie that she was aware like, oh, she said she became aware like, “Oh, clearly, this is based on my thing. And I find out later that Cuarón knew about it and all that stuff.” Let’s say all of that is true, if in this hypothetical it really were based sort of word by word on her book or very strongly related to her book, there is no way Warners would have let this go to a lawsuit. The hypotheticals would have worked out very differently because there would be no sort of ambiguity about what the situation is.

The reality is she is sort of waves her hands and saying, “It’s the same title. It’s about these same kinds of things” but when you dig deeper into it, they’re very, very different stories. And that’s why Warners feels like, “You know what, these aren’t related at all.” And I think a lot of people would find they’re not related at all if they actual compare it apples-to-apples.

Let’s listen to a little bit more from what she says.

“The court’s latest decision focused solely on the Warner Bros/Newline corporate relationship. It did not take into consideration my novel or Cuarón’s film or the similarities between them.”

Well, that’s true. This is the nature of this new complaint and this new round was that it was only supposed to be about this relationship. That’s all they’re allowed to talk about.

Craig: Yeah, she’s saying this like she didn’t file this complaint.

John: Yeah.

Craig: She files a complaint saying, “Hold on, these two companies are more related than they think and the judge is saying, ‘Actually, no, they’re not.'” And now she’s complaining that they didn’t talk about the material in the book?

John: Yeah. One last one here.

“It did not address my third-act rewrite of Michael Goldenberg’s Gravity script in which I depicted satellite debris colliding with the International Space Station, the destruction of ISS, and the sole surviving female astronaut adrift in her EVA suit.”

So this is new information for me because this is the first time I think I’ve seen her claiming that she actually wrote on the screenplay itself or that she’d — because she said something about like she was writing like story stuff, but I’m really unclear now, was she hired to write on the movie? Like, is she a contracted writer on the movie? What is she claiming here?

Craig: The truth is that, I’m not sure, because like you, I seem to recall that she was providing story material of some kind in additional to her novel, you know, prose material that then was handed to Goldenberg possibly or maybe handed to the studio and not handed to Goldenberg. We don’t know. Now she’s saying that she did a rewrite of his screenplay itself. Either way your depiction, her depiction of satellite debris colliding with the international space station, the destruction of the space station, and the sole surviving female astronaut adrift in her EVA suit would in its essence have no more to do with Cuarón’s Gravity then what was it called, Deep Space Homer did?

John: Yeah.

Craig: You know, when The Simpsons did it.

John: Yeah.

Craig: This is the part about this that’s so puzzling to me, she —

John: South Park defense.

Craig: Yeah, there you go. Tess Gerritsen is behaving as if she invented the concept of a space station in trouble and astronauts adrift in space. I remember seeing that whole, the Mission of Mars movie had astronauts drifting in space. This is not new and that’s not the core of unique literary expression in fixed form. I think she refuses to acknowledge the fact that these casual similarities do not rise to the test of infringement or use of her copyrighted material or the material that she licensed to Newline. She has provided still as far as I can tell no concrete evidence. The way, for instance, was provided in the Sherlock Holmes case by the estate of Arthur Conan Doyle. There’s nothing. She’s just making assertions.

John: Yeah.

Craig: And I think frankly if her book had been called something other than Gravity, we wouldn’t be dealing with this lawsuit. It’s like the title has become a fetish where you can’t get past the fact that it’s two things, a book with one title and a movie with the one title and they’re both about trouble in space but that’s seems to be — I just, I’m puzzled by this. I don’t know why she’s continuing to do this. She’s going to keep losing because what’s not there is what needs to be there. This is the, you know, the case of the dog that didn’t bark. Where is the literary material that is the same?

John: So I do think I understand more why she’s pursuing it because from her perspective all of us could say these same things until the end of time. And she would still feel in her heart that it was based on it and she’s not going to ever change that feeling. I don’t think she’s going win this lawsuit. But I really do fundamentally understand why she feels the way she feels. It’s really hard to take yourself out of the experience that you lived and the book that you wrote and sort of your perspective. It’s not even sort of egocentricism, it’s just reality. And I kind of get it from her side and I’m sympathetic to her feeling about it.

Where I’m frustrated is that to raise this as like this is a battle cry to all writers that they’re going to try to screw you over, that this is a great injustice being done, that all writers are in danger. And this was my frustration in the original episode, too, is that she’s trying to generalize her kind of unique situation to the plight of all writers and that’s actually not accurate.

Craig: It’s not accurate. Here is the nightmare scenario she’s putting out there as one that she’s experiencing and therefore look out everyone. What she’s saying is if you write a novel and you license the film rights to a studio, the studio can then essentially be bought by somebody else and then if that somebody else rips you off, you have no recourse because the studio you sold the rights to are really the only ones that have standing. They’re the ones that have been “injured,” but they’re in bed with the purchasing company so you just got screwed.

John: Yep.

Craig: Here is the problem with that. I don’t believe that’s how it works at all. It doesn’t work that way because it doesn’t happen. It would happen all the time. If it were that easy, it would constantly happen. It does not. This is the first lawsuit of this kind, I recall. And second of all, I would think that if you could show clear infringement, there would be a legal case against the people that you sold your license to to say basically you dealt in bad faith here.

John: Yeah.

Craig: And the material would be the proof, but it’s not there. So what’s happening is I think she’s confusing somebody saying, “You really don’t have,” I mean, based on what you’re saying you don’t have a case with — then none of you would have a case. No, no, it’s just — you don’t have a case. Because the similarities, at least, from what I’ve been presented don’t appear to be there.

John: Yep. So let’s move on to a new topic and this was suggested by a mutual writer friend of ours who asked, “Hey, could you guys talk about turnaround.” And so, turnaround is a term of art that you hear thrown around Hollywood about a script that used to be at one studio and now it’s at a different studio or something is in turnaround and it probably doesn’t mean quite what we think it means. And there actually are very specific terms to it. And so, whenever there is something that has very specific contractual language associated with it, my first recourse is to call Craig Mazin. And so, Craig, let’s talk through turnaround, what it means and what it means for screenwriters.

Craig: Sure. Well, turnaround basically means the studio that had been marching in a direction toward making a movie is turning around. They’re saying, “Look, we have been developing this screenplay. We have decided we are no longer interested in spending more money to develop the screenplay to a place where we could then put it into production. We are ceasing development on this project.”

John: Why would a studio decide to stop?

Craig: Well, all sorts of reasons. The most obvious is that they realize the futility of the effort. [laughs] After a bunch of tries, they all look at each other and go, “Does anybody still like this?” I mean, sometimes people buy things and they think, “Well, the idea is good. We don’t like the script. Let’s develop and now it’ll get good.” It never does.

John: Yeah.

Craig: Very frequently what happens is that there is a change in leadership at the studio. People are fired or quit. New people come in. They look at the development slate and they go, “What’s that?” And someone says, “Oh, yeah, we’ve spent $4 million trying to make that into a movie.” “Well, stop. It’s stupid. I hate it.” The project is now in turnaround.

John: What kinds of projects can go into turnaround? Is it anything that a studio is developing or only very specific kinds of projects?

Craig: Every single thing they’re developing can be put into turnaround. There are things that are more likely than others to be put in turnaround.

John: But let’s not conflate the idea of letting the option on a book lapse is not the same thing as turnaround. So in general, something that gets put into turnaround is something that the studio owns out right and entirely. So it could be a spec script that they purchased. It could be a book that they purchased. They didn’t just option it. They actually purchased it. They bought out all the rights to it. They own it and control it. So it’s not that they have a ticking clock on it. They really are done.

So, a lot of the work that I end up doing, working on is adaptations of books. And so there are some of those movies that haven’t been made. But those projects that I’ve written can’t go into turnaround really because they’ve left the options on those underlying books lapse. Or there’s some fundamental rights that are not associated directly with my script that a person would also have to buy. And so those things don’t tend to go into turnaround.

Craig: Yeah, essentially what happens is when they let rights cycles lapse, that is the ultimate proof of turnaround. Essentially, they’re saying, “We have a renewal fee coming up. Do we want to spend money to renew this or should we just kill this thing now?” So they say, “Let’s kill it now and let the cycle lapse.” It is essentially turned around and then it goes out of rights cycle, yeah.

John: Yeah. But in general, we mean turnaround when the studio is actively letting someone else buy it. Is that what you mean for turnaround?

Craig: No, to me, a movie studio can go into turnaround on a project and that’s the last thing anyone ever hears of it. It’s a dead letter office project. They stop developing it and it goes away forever. But things can be bought out of turnaround by other studios. And that’s where it gets a little interesting.

John: Great. So talk us through how a studio can buy something out and what a screenwriter needs to know about turnaround. If she was working on a project that is now in turnaround, what does that mean for her?

Craig: At the moment, it means that the studio that hired you or purchased your spec screenplay is no longer interested in making it into a movie. They’re not going to be spending any more money on you or any other writer to keep marching towards possible production.

It doesn’t, however, mean it’s dead absolutely. It just means it’s dead there. At that time, if an agent says to you, “Hey, look, you know, maybe we can get another studio interested in getting this out of turnaround,” what they’re saying is we can get another buyer who can come to your studio and say, “We actually like this project. Can we have it? Would you sell it to us?”

And this creates an interesting situation for — let’s call them Studio A has put something into turnaround and Studio B comes along and says, “Oh, you know, actually we would take that off your hands.” The question now becomes an issue of negotiation.

Studio A, let’s say, John, they buy a script from you. It’s an original. After a year, they say to you, “You know what, we kind of want to bring in a new voice.” So then they bring in me, which is natural, of course. [laughs] Of course.

John: Absolutely.

Craig: Because they are hopeful, John.

John: To pay twice as much.

Craig: Yeah. [laughs] They want this to be good. So they bring it to me, I work on it for a year and then they look at each other and say, “Wow.”

John: We made a huge mistake. I mean, Craig Mazin to rewrite the script? What were we thinking?

Craig: [laughs] Basically, both of these guys have proven beyond a shadow of a doubt that neither of them know what they’re doing and this should not be a movie. Let’s put it into turnaround.

Now, you, not me, because here’s the thing, I don’t control anything there, ultimately. I don’t have anything sort of to buy. And I’ll explain why. You do. You have this first script. So your agent goes to Studio B and says, “Let’s go get it out of turnaround.” Studio B calls up Studio A and says, “Hey, you’ve spent X dollars developing this on John and Craig and you’ve gotten nowhere and you have nothing to show for it, nor will you ever. How about we take it off your hands?” And Studio A says, “Fine. Pay us what we spent on it and you could take it off our hands.”

And then Studio B goes, “Nah, I don’t think so. How about we give you half? Half is better than nothing.” And so the negotiation begins. The reason that you have to drive that and not me is because of chronology. See, my screenplay is based on yours. Your screenplay is based on nothing. You created it. If they came and they just said, “We just want Craig’s script,” the problem is that my script is useless because it’s based on your script and Studio A would still own your script.

John: Yeah. Chain of title.

Craig: Chain of title. They’ve got to go all the way back to the beginning. That’s the key one. Now, they may go back to the beginning and say, “Look, we love John’s script, we hate Craig’s script. We just want to buy John’s script out of turnaround. And we assure you, as we develop it forward from John’s script, we will not be infringing on anything that’s in Craig’s script. So we just want to buy John’s script out of turnaround.”

Sometimes they say, “We actually really like what Craig did. We want to keep going, so we want to buy both scripts out of turnaround.” That’s how it works.

John: That’s great. So when can turnaround kick in? Is there something that a screenwriter needs to be mindful of? Are there ticking clocks, are there windows?

Craig: There are, if you’re talking about reversion. But that’s a different thing than turnaround.

John: Yeah, so let’s go through both of these. And, you know, because I think when the writer was actually asking us, I think he was really looking at reversion. He was looking at a script that was lying dormant for a while.

Craig: Yeah.

John: So let’s draw a sharp line here between turnaround and reversion. So, turnaround is the studio said, “You know what, we’re done.” Another studio comes to it and says, “Oh, you know what, we actually would really want to do that.” And sometimes, individual writers will have in their contract specific language about that turnaround, that there would be some sort of dates and times and abilities to control. But in a general sense, it’s just a negotiation where Studio B comes to studio and says, “Hey, you know what, we actually really do want to make this movie. What would you think about that?”

Now, Craig, sometimes Studio A doesn’t want to make the movie but they don’t want Studio B to make the movie either. Let’s figure out why they wouldn’t want that to happen.

Craig: Happens all the time. It is one thing to say, “We’re making a guess that this project is not worth producing.” It’s another thing to say, “We’re making a guess that this project is not worth producing and we’re willing to let another studio prove us right.” Because they may prove you wrong and there are a lot of examples of this.

For instance, Fox had The Blind Side. They didn’t think it was worth producing. They let it go in turnaround to Alcon and Warner Bros. And Alcon and Warner Bros. went along and proved beyond a shadow of a doubt that Fox was wrong.

John: Yeah.

Craig: That is, it’s embarrassing and it impacts them competitively. I mean, the worst thing in the world is you put a movie out in the same week and another studio puts out a movie that you used to have but you let go in turnaround and they kick your butt. It’s a little bit like trading a pitcher to another team and then three weeks later that pitcher no hits you. It’s just a terrible feeling.

So sometimes, it’s worth it to them to just bite the bullet and say, “No one gets it because we don’t want to have our faces rubbed in this.” And they can do that if they so desire on projects that are based on underlying material.

But, interestingly, they can’t completely do that with impunity when we’re talking about an original screenplay. And this is where reversion comes in. A turnaround is something that studios do. Reversion is something a writer can do. And this is something that’s in our collective bargaining agreement.

John: So talk us through it. Talk us through what a writer has the ability to do if she has written an original screenplay or something that she’s set up off of a pitch. It was her entire idea.

Craig: So she sold a spec or she pitched something that was original, they bought it, and she’s written the first screenplay. She has originated this. That is, A, number one criteria, it must be original. If there’s underlying material, there’s no way that she would ever be able to control the rights in toto for somebody else, right? Because there would be an author out there. Okay, so that’s number one. Script must be original.

Next, she has to wait five years from either the sale of her spec or when she finishes her initial services. If she’s hired to write a draft or even if she’s hired to write two drafts, when she’s finished with that, that’s when the clock starts. She’s got to wait five years.

Five years and then on the day that five years is up, a two-year window begins. The two-year window allows her to go shop this somewhere else. But we’ve got some restrictions. And frankly, the restrictions are so odious that reversion happens extraordinarily rarely. It is unicornic, as we often say on the show.

So, restrictions. You’ve got your two years. One, the two-year window only really begins if the script is not in what they call active development. Well, what is active development? From our point of view as writers, well, are you paying another writer to work on this? From their point of view, while we’re looking for another writer, we’re having meetings with writers, we’ve attached an actor, we’re talking to directors.

It can get very fuzzy. And essentially, the studio can obliterate your effective two-year window if they really want to. If they really wanted to, they can just pay somebody scale. They can chuck 60 grand at somebody to go really slowly over two years. So, there’s that.

Let’s say they’re cool about it. They’re like, “Yeah, cool. Take your two years. You got it.” All right. You can get the script back at that point by paying the studio the money that they paid you.

John: So in my case, let’s say that I wanted to reacquire the script that you had horribly butchered and the five years have passed. So I would be able to pay them back the 100K they had paid me to write the script — so let’s say it was a pitch. So I write them a check for $100,000 and I own the script again. And I don’t have to pay the money that they paid you, right?

Craig: That’s almost right. Yes, you don’t have to pay the money that they paid me. However, you have to pay them, I believe, the money that they paid you, plus interest, I think. I think. It may just be that you have to pay them back the money they paid you. Let’s just say it is. Fine.

John: Okay.

Craig: You give them that money. Right off the bat, that can be a problem because let’s say they bought your script for $1 million. You don’t get $1 million. You get $900,000 after your agent. Whoop, it’s down to $850,000 after lawyer. Whoop, it’s down to, let’s say, 500 grand after taxes, okay?

John: Yup.

Craig: And that was five years ago. They need $1 million. So right off the bat, that’s an issue. Okay, that’s number one. Now, you could theoretically find a studio to back you on this, right. If a studio wanted to buy it, that’s probably the way it works.
So at that point, let’s say you have a partner in line already. And they say, “Yeah, we’ll take care of it. We will pay back the money for you.” But the new purchasing studio, in the case of reversion — because remember, reversion is something that must happen if you follow the rules. It’s in our contract. It’s not something that Studio A could do, right? If you catch them the right way with the rules, they have to give it.

So, unfortunately, there are punitive things built in. Studio B, when they’re trying to get something that you’re reverting, they have to pay the original studio for all the costs to all the subsequent writers, including the pension and health that was paid on top of that, and interest on top of it.

And this becomes tough, especially if you wrote a spec screenplay and then, as is often the case, six writers came along and each of them, you know, $1 million a pop or more and there’s $8 million against the screenplay and you get the rights, you know, in your two-year window and you take it out of Disney and you bring it over to Universal and they’re like, “Well, we’d love to but it’s going to cost us $12 million just for a script. And that’s too much. We can’t do it.”

And so, unfortunately, this is why reversion is very, very rare. It’s basically saying, “You can get your script back but you have a very narrow timeline in which you can do it. And the studio you sell it to has to be full burdened of development paid for. It can’t be negotiated down.” Frankly, you’re much better off just doing a traditional turnaround process.

John: Yeah. That sounds brutal. So, very few projects do go through reversion. More projects sometimes do go through turnaround. You and I both, through our Fox deal, we have sort of special reversion rights on the things we write underneath that special Fox deal. So I think sometimes there are special cases where, you know, a screenwriter would have better terms than sort of the standard WGA deal.

Craig: Yeah.

John: But it’s not common. And so, the writer who’s writing to us, I think he was asking about this exact sort of reversion question. And our general answer back to him is that it’s theoretically possible. But it’s challenging.
Would our advice to him be to go forthright up to the studio and say, “Hey, it’s about this five-year window and I’m just wondering because I would like to reacquire it,” or should he just wait and then suddenly spring it?

Craig: I would wait and suddenly spring it.

John: I agree.

Craig: You know how this goes. People don’t want something until they realize somebody else wants it. You know, the worst thing you could do is come to a studio and say, “Hey, look, I was thinking about maybe getting the script out of turnaround because Chris Pratt wants to be in it now.” They’re like, “What? Oh, really? Great.”

John: What? What? What?

Craig: “He could be in it for us. And please go away. We’re hiring another writer.” So, in a way, you kind of want to spring it on them. It will work best if there is not a lot of money against the project. It’s going to be very tough to get it out of there with reversion if there is a lot.

John: Yeah. That is absolutely true. The last bit of leverage that you might have is that sometimes there are relationships. And this is a relationship business. And there are cases I can think of where someone has been able to take a project from one studio to another studio when Studio A would wouldn’t make it, they got it to Studio B because you say like, “I will never work for you again unless you let me make this movie somewhere else.”

And if you are a filmmaker with enough power to do that, Studio A may say yes because they want you to be happy and they want you to be able to do things in the future. I guess my general advice in the situation is become a very powerful filmmaker and then you can have more ability to do turnaround and reversion in the way you want them to happen.

Craig: No question. I mean, let’s remember that reversion, as I’ve described it, is something that we “get” for better or worse in the minimum basic agreement. It is a right for every single writer, including the person that has just sold their first screenplay. It is not a particularly great right.

So you always have the opportunity to do better when you have leverage when you’re selling something. You can put in what they call Proceed to Production clauses where if the company does not get you to production in a certain amount of time, you automatically get things back in an easy way.

Or you’re in a position where you can say, “Look, I’m writing this for you. You don’t want to do that. Let these guys do it and I’ll do that for you.” But when you’re talking about the minimum basics, unfortunately, our reversion rights are minimum.

John: The last thing I want to ask you about, Craig, is sometimes in relationship turnaround, I’ve heard something happen about like, oh suddenly this actor became attached and therefore that canceled the turnaround.

Craig: Yup.

John: What’s happening with that? What is the nature of that attachment that messed up turnaround?

Craig: Yeah, I mean, there’s a thing called no new elements where basically, when you have Proceed to Production clauses and everybody deals with this. Producers deal with this, writers, directors, everybody. When you have any kind of contractual arrangement where you’re saying, “Look, if you don’t get me to production in a certain amount of time, I get to leave with this.” Or if you have a deal where it’s like, “Oh, I have a first look for you, right? I have a first look. You get to look at it once. If you pass, I get to take it somewhere else.”

A lot of times, you’ll see a no new elements clause which basically says, “Hey, when we say we don’t want it, we say we don’t want it as you’re showing it to us. But if you add a new element to that, like attaching a big actor or attaching a big director, that’s not the same thing you showed us. We get to have that now or at least we get a chance to say no to that.”
And that’s only fair. Let’s say you spend a whole bunch of money to give somebody a bungalow and a production deal and all the overhead and the whole deal is but you bring us stuff first, and they bring you a script but they don’t really want to do it with you, so like, “Yeah, here’s the script and we don’t have anybody attached.” They’re like, “Um, no.” “Okay, thanks.” And then a week later you realize, you read that they have sold it to a different studio with Chris Pratt attached, “Come on, guys. It doesn’t work that way.”

So when they add a new element, or you add a new element, you got to realize you’re kind of resetting the clock.

John: Absolutely true. Great. So let’s get to some questions that were left over from our live show and talk through as many of them as we can. Jenny Shelton asked, “Can you talk about the difference between selling a screenplay versus selling a series? And if a new writer has sold a spec pilot, would that guarantee them a spot in the writer’s room?”

So Aline was on the show, so we were talking a lot about television on that episode. But I could talk about sort of selling a pilot because I’ve done that. And you’ve done that now, too.

Craig: Yup.

John: So, selling a screenplay, let’s say you’re a new writer and you sell a screenplay. You are going to be sticking around for minimum of one new draft, Craig. What is the guarantee for new writers selling a spec screenplay?

Craig: The minimum?

John: Minimum.

Craig: You are guaranteed the first employed draft, essentially.

John: Great. So you will have a purchase price for that screenplay and they will also have to pay you Writers Guild minimum at least to do a rewrite of that draft. But there’s no guarantee that you’re going to continue on with that project after that.

In series land, there’s probably some WGA minimums there. I don’t know what they are. But I’ll tell you, in practice, if you are a new writer coming in without a lot of experience and you are writing a spec TV show, which didn’t use to be that common but now sometimes are more common. Well, they will just buy or read a script and say, “Oh, maybe we’ll try to make this.”

The very first thing they’re going to do is partner you up with an experienced showrunner. And, hopefully, the two of you together will figure out how to make this into a series and how to do all these things. You will, yes, be in the room for that show. You’re going to have some role in it. And as long as you prove yourself to be invaluable to it, you will have a function on that show. If you do not prove yourself to be invaluable, they will find a way to not have you be part of the show.

Craig: Unfortunately, that is true.

John: That is true. So, creatively, I mean, there’ll be contractual language, so you’ll still get paid for some things. But they will try to find a way to not have you be around because you are a drag on their vision for what the show should be.

Craig: Yeah, it’s not like they default to getting rid of the new guy. I mean, it’s not that. It’s just that what they default to is getting rid of somebody that they think is going to be disruptive or counterproductive to the production of the show, which is really hard. And the last thing you can really survive is any kind of toxic presence, particularly in the position of authority. So, yeah, you know, if you’re useful and essential —

John: I was fired off.

Craig: You were fired.

John: Yeah, I was fired off of my TV show.

Craig: Yeah. You were obviously a toxic. You were toxic.

John: I was toxic.

Craig: Toxic. You were toxic. [laughs]

John: Ugh. Steve Betters writes, “With regards to getting an agent, which is better, a really good script, a 9 on a scale of 1 to 10 or 3/8? Is there a difference to that answer going for a writer’s assistant job?”

Craig: Too much calculation here, Steve. I wouldn’t worry about that. Who knows? You know, the whole thing about these numbers, the rankings, this is one thing where I think The Black List has caused trouble is The Black List and their system of 1 to 10 has started to codify what these numbers mean. They don’t mean anything at all. A really good script, a 9 let’s say, one really good script, a 9 on a scale of 1 to 10, whose 9? Whose 9 is that?

John: Yeah.

Craig: And three scripts that are 8s, whose 8s? I don’t know what any of that means. This is normal to want to find some predictability and certainty. In a business like this, I must tell you, there’s none. There’s none. You just got to write as well as you can. You can’t write better than you can write. Try and get better as you go. But where you are right now, that’s as good as you can be and that’s as good as you can be.

John: To try to do this without the numbers, let’s do some adjectives rather than numbers. I think to rephrase his question of like would an agent rather have a writer who has written one spectacular script and nothing else or a writer who has written three really good scripts?

I maybe would side with the three really good scripts, only in the sense that you want to know that this person can write multiple things. This person is a workhorse. These are all things that are very exciting for an agent. But honestly, both those situations are probably people that an agent would be interested in.

As far as a writers’ assistant, I’ve never read anything that my assistants have come in — I’ve never read their samples. I’ve never read their screenplay material. So I don’t know that that’s necessarily a huge goal of yours to write an amazing sample to try to get a job as a writer’s assistant because you’re often not being read. You’re basically like, “Hey, you seem like a confident person who’s not going to screw up my life.” That is one of the fundamental characteristics of a great writer’s assistant.

Craig: Is that the way it works for the television writer’s assistants, you know, when they work in the room?

John: You know, I think sometimes they are read like in a staffing kind of way. But my inkling is that in many situations, they’re not really being read as writers. They’re being, you know, hired for — this person seems like a competent person to take the order from Tender Greens and not screw things up.

Craig: Ah, I couldn’t do that.

John: Yeah. I could never do that. And the fact that they end up becoming a good writer and that they have good ideas in the room is what gets a co-EP to read heir script and say, “Oh my gosh she can actually write.”

Craig: Yeah.

John: And that hopefully gets them the freelance episode on one of the shows.

Craig: Yeah.

John: Wayward writes, “Say, you’re bogged down in a script, around the rocky shoals.” This is an Aline Brosh McKenna term. She’s talking about pages 60 to 80, sort of like post middle, before you get into the third act. “Maybe things aren’t coming to you as fluidly as they were on the pages before, what are some good ways to evaluate whether or not you should put your head down and push through or take a step back and reevaluate the decisions you made up to that point?” Craig, what’s your advice as you’re getting stuck there?

Craig: I think you should probably consider doing both. I mean, you certainly want to go back, read from the start again and ask yourself where your plan might have gone awry. Hopefully, you had a plan. And maybe think to yourself that perhaps you are projecting the end of your script a little further away than it actually was.

What I notice is that a lot of people who run into the rocky shoals between 60 and 80 end up with a 128-page script and think, “Oh actually, I really think this is reading long. I probably should just move things up.”

John: Yeah.

Craig: Because things take longer to write than we think they’re going to take. But if you’re having trouble there, take a break. Show it to somebody that you trust, read it out loud, put it aside and come back in a week.

Or if you haven’t organized things prior to the writing, this would be the time to sit down and start making index cards and really ask yourself what needs to happen to get me from here to here and what would be the most interesting way to do that.

John: I think long-term listeners will know exactly what my advice will be, which is to skip ahead and write the third act stuff that you know because my hunch is that you have a really good sense of what’s happening later on. You’re just stuck in this one little moment. Write that stuff that you do know later on. Just don’t forget about sort of like what’s going to go in that middle part.

By the time you’ve gotten through that stuff, you’ll have some clarity about what needed to happen to get you to that moment. And what Craig’s realization of like, “Oh man, maybe I didn’t need all that stuff,” will probably become very clear once you’ve written that later stuff. That’s just my way of doing it.

Craig: I’m with you. Here, I’ll read one, if you’d like. This is from Rebecca. She says, “Army wife here. I’m happy with the idea of moving to LA to work my butt off. And my husband is very supportive of my writing. But the army thing, down with the Ryan Knighton version of doing things, I’m just wondering if you have any other suggestions for me. Are their entry type jobs like long-distance reading, et cetera, that might be possible for a gal like me? Not so delusional to think I can just write a spec and break in from wherever the army takes us. Also, want to be realistic and mature. If it’s not meant for me now, then it’s not.”

What do you have to say to Rebecca?

John: I love Rebecca.

Craig: She’s cool.

John: Rebecca is the best.

Craig: What I love about Rebecca mostly is that she drops the subjects of sentences. I love that.

John: [laughs]

Craig: I do that all the time.

John: She’s writing like she’s writing action lines.

Craig: Yeah.

John: You know, like a clipped scene.

Craig: It’s exciting.

John: Yeah, I love Rebecca because she is both optimistic and realistic simultaneously which is such a difficult quality to pull off. So, yes, as an army wife, you are probably going to travel around a lot. Los Angeles may not be the easiest place for you to get to. I would say that she should write, write, write wherever she is and build up a war chest of maybe three good screenplays and then look at whether it’s going to be realistic for her to come out to Los Angeles for a period of time and really make a run at this.

And whether their family — I don’t know if they have kids, sort of what their situation is, but there might be a realistic situation where she’s out here for six months trying to figure out this thing and see if it’s really going to be possible for her and see if it will work.

She won’t know until she tries. And I think it’s worth maybe trying.

Craig: Yeah. And it’s easier now than it’s ever been before. So one thing Rebecca could consider is just dipping your toe in by writing a script and sending it off to a place like The Black List, not because the numbers are determinative of anything. But at least, they can give you a general idea, am I way off base here? Am I the guy who goes on American Idol and gets laughed at? Am I the woman who goes on American Idol and they’re like, you’re good, you’re just not great? Or am I the person who goes on and they go, wow, you could actually win this thing?

Generally, find out what general bubble you’re in and then make some choices based on that because the last thing you want to do is uproot your life over something that probably just is never going to happen or won’t make you happy while you’re trying to make it happen. So get some like — I would say start there, by getting some very broad evaluations of your work, just so you have a sense of like where am I exactly in this whole thing?

John: And I’d also say that screenwriting is one of the few kinds of writing that is so location-dependent. Anything else you want to write, you could kind of write from anywhere. And so if there’s another kind of thing you want to write, if you want to write short stories, you want to write novels, if you want to write plays, honestly, all of that stuff happens everywhere. Screenplays and television, it’s just one of those rare things that is so specific to Los Angeles and to some degree New York, a little bit to Austin. It’s just not as realistic to do at other places.

So if there’s another kind of writing that you also like, try that other kind of writing.

Craig: Yeah. Agreed.

John: Kevin writes, “Random question. In Hangover III, one of the great jokes in my humble opinion is ‘Nobody eats four marshmallows, Stu!’

Craig: Nobody eats four marshmallows, Stu! [laughs]

John: This joke is in theory is set up in Hangover II, but could have been reverse engineered after the fact. What is the genesis of this joke, Craig Mazin?

Craig: I am the genesis of this joke. [laughs] Well, it wasn’t reverse engineered. It was forward engineered. So in Hangover II, Alan — oh, spoiler alert — Alan drugs his friends. He’s just trying to drug Stu’s fiancee’s brother with some chloroform-laced marshmallows. Well, I don’t know, I can’t even remember what he puts in the marshmallows, but we started with chloroform. And unfortunately, everybody eats the marshmallows and they all get drugged.

And so in Hangover III, we had a scene where the guys were on their way to Tijuana to meet up with Mr. Chow and we needed just like a bridging scene there and we had written one and we got out there and we were shooting it. And, you know, shooting scenes in cars is the worst. I mean we had the guys actually in a car. And we were in the chase car and all the process truck.

It just was not working. The scene was just deadly. I can’t even remember what it was. All I know is that — so after about few takes, Todd said, “All right. We’re not — this is never going to be in the movie. We got to figure something else out.” And so I did a first draft of another scene that we ended up then shooting in like a green screen car which I got to say, shooting green screen in cars now is great. It really — I mean for a simple discussion in car — I mean, for a cool car scene, no, but for a simple car discussion, it’s pretty great. It’s so much easier anyway.

And in that scene, they’re talking about how they’re going to get Mr. Chow and Alan suggests that he can drug Mr. Chow. He’s drugged lots of people before and Stu says, “Yeah, us. You almost killed us.” And Alan says, “No, that’s ridiculous. I set it so that you could eat at least three marshmallows before you would die.” [laughs] And Stu’s like, “What are you saying? That if we had eaten four marshmallows, we would have died?” And Alan says, “Nobody eats four marshmallows, Stu.”

I just love that Alan’s logic was such that he thought it through. And he’s like, “Yeah, no one’s going to ever eat four marshmallows. That was it. And that’s why —

John: It’s not a possible thing.

Craig: That’s why Stu is alive because — and by the way, here’s the crazy thing. Alan was right. Nobody eats four marshmallows. Nobody.

John: I’ve eaten four marshmallows in my life.

Craig: Yeah. You should be dead.

John: Adam Alterberg writes, “What are some tips for writing for production? Does the tone change when you’re doing rewrites day after day?” I’ll take the first crack at this. I would say yes. If you’re like literally writing the stuff that is being shot tomorrow, you might find yourself being a little less artful in the scene description and little bit more pragmatic to exactly what’s happening.

I do find that I’m a little less precious about my clauses and sort of how things are going to play in the non-dialogue lines because I’m just trying to get it to be as clear as possible and specific so that everyone and every department knows exactly what needs to happen.

Craig, have you found any change in what your writing feels like when you’re writing for production?

Craig: Yes, I think that is generally far more compact. It’s concise. And when you are writing during production, you are, well, you should be informed by what you’ve been watching. You’re starting to pick up on certain rhythms. You’re starting to see which actors do better with which material. You’re starting to see which ones are more fun when they’re talking and which ones are more fun when they’re not. And you’re writing to everyone’s strengths. And you’re also writing within the tone of what seems to be sticking out as good and away from stuff that maybe just wasn’t working.

I mean, production is going to reveal things about your screenplay. Nobody gets everything right, so your job is to notice what is right? And then write towards that. This is why very frequently the stuff that you write during production has a much higher rate of inclusion in the final movie because it’s informed.

John: There will be some times where, in the scene descriptions, like not angry at all dash dash because like you see that one actor is going just nutso in a place and you need to sort of rein that back. In the live show, we talked about writing with locked pages. And so you’re trying not to force page breaks because then it becomes an extra page. And so sometimes I will write the shortest sentence imaginable so it doesn’t break in to two lines, so you try to get things together. It’s not nearly so pretty.

And the funny thing is sometimes when they send out the Academy For Your Consideration scripts, you can sort of tell like which scenes were like the pristine sort of like, oh, the literary scenes like where everything is beautiful and like which were just like the nuts and bolts for productions scenes. You can sort of tell a shift in how that scene description is written.

Craig: Yeah, for sure. I mean you start to lose all of the fufara, the fufara.

John: Yeah, it starts as poetry and becomes —

Craig: Yeah.

John: Much less.

Craig: Much less. Amy, is this your daughter or a different Amy?

John: It’s not my daughter. It is some other, Amy. There’s apparently multiple Amy’s in the world.

Craig: Who knew? Amy writes, “Is an unknown writer better off writing ‘high concept’ specs, that is to say inherently big budget, or should I write an indie drama with a limited budget.” There’s a lot of presumptions in that question. [laughs]

John: [laughs] I think most of our listeners know, our standard advice here is you should write the script that is the best script you can possibly write and the script that could actually get made. And both the high concept and the indie script have a chance of getting made if they’re the right kind of thing.

But if you are a person who should be writing big things, then write the big thing. If you are person who should be writing the small thing, you should write the small thing. If you don’t know what kind of writer you really are and what’s really interesting to you, pick one and write it and let’s see what happens.

Craig: Yeah.

John: Craig, what’s your thoughts?

Craig: I completely agree that we have lots of examples of people breaking in with big, big action adventure, tent pole kind of movies. We also have a plenty of examples of people doing the opposite and writing very small independent films and breaking in that way. And you have to write what you’re good at. Nobody wants Diablo Cody’s tent pole action movie. I don’t think Diablo Cody wants Diablo Cody’s tent pole action movie. It’s just not what interests her creatively, at least not to this point.

Similarly speaking, I’m not sure that I would want and I’m trying to think of like a big tent pole-y kind of guy. Like I don’t want their tiny little movies.

John: Simon Kinberg.

Craig: Yeah.

John: Let’s think about Simon Kinberg.

Craig: I don’t want Simon Kinberg’s My Dinner with Andre. I just don’t. I want Simon to do what Simon does. I will challenge this, though. High concept does not mean inherently big budget. There are a lot of tiny movies that are very high concept. High concept just means that there’s a big hooky idea at the heart of the script. And you can have a very small movie with a big hooky idea in it.

John: I agree. Juan writes, “I’m currently pursuing a BFA in film production at Emerson College. I’m also having a quarter life crisis because I have no idea what I’m going to do once I graduate. What are your thoughts in pursuing a collegiate film education versus diving into the industry head on?”

Craig: First of all —

John: We’ve talked about this before, but —

Craig: I mean —

John: Go.

Craig: He says he’s having a quarter life crisis, but that presumes he’s going to make it to 80. We don’t know Juan. [laughs] This could be mid life.

John: [laughs]

Craig: Think about it. This could be end life.

John: You could be dead tomorrow, Juan.

Craig: Exactly. You may not be alive right now.

John: You may eat your fourth marshmallow and this is all for none.

Craig: Nobody eats four marshmallows, John.

John: Oh, true.

Craig: I kind of love the way Zach said that. He was like righteously indignant. [laughs] Like how dare you say something that stupid? Look, my personal feeling if you are asking, and you are, is dive in. I believe in diving in. I think that if you have the money and the luxury and the time and you have been accepted to one of the very few prestigious film schools like UCLA or USC or NYU. I don’t even know if UCLA counts, USC or NYU, then sure, it’s something absolutely to consider. You will meet a lot of people. John went there and met a lot of people.

But on the other hand, it is absolutely not necessary. Scott Frank, I think, went to UC Santa Barbara. I’m not even sure he went to graduate school there. I didn’t go to film school. I don’t think Ted Griffin went to film school. I don’t think John Gatins went to film school. Alec Berg didn’t go to film school. I’m just running down a list of friends that just didn’t go, you know.

John: Yeah.

Craig: And we just dove in. So I would say, consider it a luxury. And if you have the money and the time, go for it. If you’re ready to go now and you’re more of a dive-in, let’s just do this, I learn better by doing guy, then dive in.

John: I largely agree with Craig. I did go to film school and it was hugely valuable to me. And I don’t think I would have the same career perspective if I hadn’t gone through film school. I just, I wasn’t ready to dive in, but film school was a great place for me to start.

I’m a little concerned for Juan that he feels, you know, finishing up his BFA and whatever is happening at Emerson isn’t giving him the confidence to say, “I know what’s next. I know what my steps are.” Well, that’s something you should be getting out of film school. You should be hopefully making friends and contacts with people who you want to be working with for the next 15 years and be excited about making movies.

And if film school is not making you excited about making movies, then something is wrong. So I can’t fix everything. But that’s my punch.

Craig: I just don’t think that anybody taking an undergraduate course in film production anywhere is going to get that kind of thing. I mean you, like you and Rian, I believe Rian went to USC as well, right? Rian Johnson. So you guys went to — this is a, you know, premier film school and it is supported by extraordinary alumni like Steven Spielberg and George Lucas and others. And the people that you meet there are the cream of the crop and they will be in the movie business. They may be in the movie business hiring you. I mean they have a whole production, you know, a whole system for that.

Emerson College is a perfectly fine school, but I can’t imagine that a BFA in film production from Emerson College is going to put you in touch with a lot of people that will ultimately end up in Hollywood nor I am surprised that you seem puzzled as what to do.

This is the problem with higher education right now anyway. A lot of what passes for so called film studies in undergraduate education is really about film criticism. And it’s not about filmmaking. And you may have found some filmmaking there, I hope you did. There is no substitute for actual filmmaking.

People are different. Like John said something interesting. He wasn’t ready. And that’s important to know. And if you don’t feel ready, find your way to kind of — that channel that will prepare you. If you do feel ready, if you’re impatient — I was born impatient — then honor that and get in there. Get your hands dirty.

John: And I recognize as you were talking there that I misread and I was — for some reason thought he was an MFA rather than a BFA. So he’s an undergrad and as an undergrad, he asks, you know what, it’s kind of actually totally natural to not know what’s next and what’s happening. So I was sort of slamming Emerson for not helping you out as an MFA, but, no, as a BFA, you’re supposed to be a little bit lost in the weeds now. That’s just part of your nature and your life.

And so if you feel like you need more structure getting started, moving out to LA and going to a film school would be great. Moving out to LA and being the person who is scrambling would also be great. So just know which kind of person you are.

Craig: Agreed.

John: Do you want to take the last one here, Craig?

Craig: Sure, the last is from Crowe Sensei. “In episode 82” — oh, come on. That’s not fair. “Craig said,” like I would remember, “Craig said, he would be willing to read the entire script of The Answerer by Ben W. after reading his Three Page Challenge. Did Ben W ever send it in and did Craig read it?”

Yes. Now, I’m going from memory here because this is years ago, but I believe, yes, Ben W. did send me the whole thing. Yes, I read it. Yes, I liked it. And in fact, as I recall, I actually did send it along to a friend who worked at a, well, let’s just say a very prestigious animation studio, because it was intended to be animation, I believe. Or even if it wasn’t, it seemed appropriate for that medium.

So I actually did a nice thing. That’s how I remember it. That’s how I remember it, by the way. [laughs]

John: But I kind of remember that, too. I remember you talking about this on the previous episode that you did actually follow up with him and you did forward it on. So my recollection of it was the same as what you’ve just said, which means it probably actually happened.

Craig: How could we both be wrong?

John: That’s not possible.

Craig: Not possible.

John: Nobody eats four marshmallows.

Craig: No. Nobody eats four marshmallows, John.

John: Craig, talk to us about One Cool Thing.

Craig: Okay. So my One Cool Thing was featured at E3. By the way, I went to E3 for a day.

John: Oh my God, Craig, you went to E3? That sounds amazing.

Craig: It was —

John: Was it a zoo?

Craig: Yeah, it was a zoo, but it was a great zoo. It was like a zoo of — I mean, you know, there was a lot of fedora wearing, very cool stuff there. Just a general trend, virtual headsets everywhere. Everywhere. Everyone’s making them.

But Microsoft in conjunction with the Minecraft people demonstrated this thing. I didn’t see this live, but there is a video of it and we’ll put it in the show notes. It’s pretty startling. So they’re using this new technology from Microsoft called the Microsoft HoloLens. Have you seen this thingy?

John: I have. So it looks like a visor that’s in front of you, but you’ll actually be able to see through it and at the same, they’re projecting image into the lens you’re looking through.

Craig: Yeah. So essentially, it’s putting virtual things in your environment that you can see and they’re of remarkable quality, actually. And they were demonstrating how you can use this with say a game like Minecraft where you have a table set up and the HoloLens understands that this table is specifically key to what it’s creating and you can start to just through voice commands create an entire structure in Minecraft in front of you, in real space, right there that you can see and you can manipulate it. And by moving your head into it, you can see inside it.

It’s kind of remarkable. In looking at this stuff, you start to realize, we are on the verge of some awesome stuff, I mean truly awesome, mind-blowing stuff that’s going to change the way we interact with that world around us.

That said, apparently, the demo for this thing was kind of goosed to be maybe a little bit better than you might be able to get now. I mean I don’t know even know if the HoloLens is specifically available yet. But from what I understand, there are some field of view issues with this thing. It doesn’t quite work the way you want it to work yet. But as a general proof of concept, it’s astonishing, just astonishing.

And the applications are — I mean, just absurd when you think of the things that you can do once they nail this stuff down. It’s going to be pretty amazing. And I would imagine, John, when you and I are 60 years old, the way that we now all walk down the streets staring at our little phone. We’re all going to be walking down the street wearing these stupid goggles and just seeing what we want to see. I mean just seeing an entirely different world. It’s going to be bananas.

John: Yeah, it’s going to be crazy. The same way that I can’t do any work or walk any place without like a podcast in my ears. I will want to have my own reality projected in front of me so I don’t need to see everything that’s horrible around me. So there’s a whole troubling Black Mirror episode that could probably be written about just that.

But we’ll have a video for this demonstration in the show notes because my daughter saw the same video that you linked to. And she squealed like three times.

Craig: It’s squealable, yeah.

John: It is incredible.

Craig: Yeah, way, way cool.

John: Yeah. My One Cool Thing is Jonathan Mann who is a very talented songwriter, composer. He’s mostly known for Song a Day. And so in the sort of nerdy podcast world, he’s certainly well-known. He started listening to the show. And he tweeted that he loves the show. And he also tweeted a link to a video he made called Some Guy and it’s very much related to a conversation we had had where so often in the headlines or even in the stories about the things we write, we’re just referred to as, you know, it’s as if the movie suddenly happened, it was written by Some Guy.

Craig: Right.

John: And Jonathan Mann has a very funny song called Some Guy which is about this very concept. So we will use that as the outro for this week’s episode, so you can take a listen to that as well.

Craig: That’s awesome. Well, thank you, Jonathan. That’s really cool. And we’re glad to have you as listener.

John: So that is our show for this week. If you would like to send us a question, like one of the questions we answered today, short ones are great on Twitter. I’m @johnaugust. Craig is @clmazin. Our email address is ask@johnaugust and that’s where you can send those longer questions to us. It’s also where, if you have an outro, that you would like to put on the show, something that uses the [hums] intro, send it there. Send us a link to that and we’ll use it in a future episode, perhaps.

We are on iTunes. So go to iTunes please and subscribe. If you’re listening to this on the website where the show notes are, that’s fantastic. Also really helpful, though, if you do subscribe and leave us a comment to let us know that you enjoy the show, hopefully.

We have an app in the App Store. It is called Scriptnotes. It’s for listening to all the back episodes, way back to episode one and all the bonus episodes as well. You can find that in the app store for iOS and for Android. And that’s our show. So Craig, thank you so much.

Craig: Thank you, John.

John: And have a great week.

Craig: Bye.

John: Bye.

Links:

  • Scriptnotes 202, in which we discuss FAST Screenplay
  • Scriptnotes 183: The Deal with the Gravity Lawsuit, and follow up from Scriptnotes 186
  • The Gerritsen Ruling, in its entirety
  • Turnaround on Wikipedia
  • The 200th Episode Live Show
  • “Nobody eats four marshmallows” from The Hangover 3
  • Scriptnotes 82, featuring Ben W’s Three Pages
  • Minecraft Hololens demo at E3
  • The “Some Guy” Anthem, by Jonathan Mann
  • Outro by Jonathan Mann (send us yours!)

Scriptnotes, Ep 193: How writing credits work — Transcript

April 17, 2015 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2015/how-writing-credits-work).

**John August:** Hello and welcome. My name is John August.

**Craig Mazin:** My name is Craig Mazin.

**John:** And this is episode 193 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Craig, you and I both this week were working on rewrites. How did yours turn out?

**Craig:** So far so good. I made it to the end. And —

**John:** That’s always a good place to end?

**Craig:** Well, but, you know, I’m fond of saying that “The End” are the two biggest lies that we can tell ourselves as screenwriters. So, all I’ve really done is reach the end. So, now, Lindsay Doran has the whole draft. I will be spending next week with her going through everything. And then off it goes to Scott Frank and to Working Title and to Universal. So, you know, high hopes. High hopes. How about you?

**John:** Yeah, I was doing the paper edit this week. And so, I like to print out the script and sort of go through it page by page, really read it, you know, do all of that sort of noticing of typos and mistakes, and then things I could cut, things I could change. And then as I’m going through it, and then figuring out like these are the new scenes, this is what’s swapping out there. I will sort of write on the left-hand page the new stuff that goes in there. So I’m just now typing in those changes. But I feel good about it.

**Craig:** Well, listen, man. I would like [laughs] for our movies to be out at the same time. They’re both family movies, I believe.

**John:** Oh, the same weekend.

**Craig:** Yeah, they’re both family movies. So I think we should go head to head. It’ll be the ultimate Three Page Challenge. It would be a two-hour challenge.

**John:** That would be fantastic. It would be a two-hour challenge. Speaking of hours, did you buy yourself an Apple Watch this morning? We’re recording this on Friday. Did you buy an Apple Watch?

**Craig:** Yeah. [laughs] So I don’t —

**John:** Me too. I wasn’t planning to, but I did.

**Craig:** No, I was actually planning on not doing it. So I was planning on buying the Apple Watch. Then I checked some reviews and things. And The New York Times was very favorable. There was a pretty good in-depth review that someone else wrote that didn’t seem quite as favorable. And then I remembered that I don’t care about reviews. So then I just thought, “Oh, you know what, I guess maybe I’ll wait. I’ll wait, I’ll check it out. I’ll hear from my friends.” And then, suddenly, there I was at midnight tapping away like a monkey hitting a bar that —

**John:** Yeah.

**Craig:** Spits out cocaine-wrapped bacon. It should be bacon-wrapped cocaine.

**John:** Yeah, I guess so. Because it’s really hard — you could dust bacon with cocaine.

**Craig:** Oh, I like that.

**John:** But you can’t wrap it.

**Craig:** Yeah, I’m hitting the bar like a monkey —

**John:** Or like a tempura sort of thing. Like a cocaine in a tempura batter.

**Craig:** Yeah, like cocaine battered bacon. So there I am. And so, I did it. Now, which version did you get?

**John:** I got the cheapest one I could get or almost the cheapest. I got the larger size. I didn’t get the little teeny tiny one. But I got the larger one with the sport band, space gray throughout. So it was like $399.

**Craig:** Is that the Watch Sport? Is that that version or —

**John:** I think it’s Watch Sport, yeah.

**Craig:** Yeah. I went for a standard watch. So not the —

**John:** Yeah.

**Craig:** You know, the [laughs] absurd collector’s item. It just —

**John:** You went for steel rather than aluminum.

**Craig:** There you go. So I went for the standard watch, the larger size with the Milanese Loop.

**John:** Fantastic.

**Craig:** Yeah.

**John:** Well, that should be a nice watch.

**Craig:** We’ll find out.

**John:** So mine is just to see what the watch is like. I haven’t worn a watch in 20 years, but this might be a watch I’ll wear. We’ll see.

**Craig:** I know. That’s the thing. I haven’t worn a watch either in 20 years. But, you know, I remember when I put my wedding ring on, I was like, “What the — what is this? I don’t wear jewelry. What am I, a gypsy? Now I’m wearing jewelry?” And —

**John:** And now it’s bizarre not to have my wedding ring on.

**Craig:** Exactly.

**John:** I was the same way.

**Craig:** It’s just, it fits, right? So it’s just there and you feel it all the time. And I know that the watch will be that way, too. The real question is, from the summaries that I was reading, the great blessing and curse of the Apple Watch is that it uses this Taptic Engine to notify you when things are happening. So, little taps on your wrists of different kinds. Like here’s a tap for email, here’s a tap for text, here’s a tap… — well, sometimes, you’re just getting a lot of texts and you don’t want to and it’s annoying. So, it’s about adjusting how you get notifications. I don’t want my phone tapping me on the wrist every time some Facebook thing happens or something, you know, so.

**John:** Yeah.

**Craig:** There’ll be a lot of customization.

**John:** A lot to learn.

**Craig:** Yeah, but it’s fun. And you and I are pretty hardcore dorks. So, it’ll be exciting.

**John:** Absolutely. One day, you’ll be able to like sit down in your fancy car and the car will recognize you that you’re in the car and will just start.

**Craig:** Well, yeah. I mean, it kind of already does that.

**John:** Right.

**Craig:** Yeah, my car does that [laughs] because —

**John:** Well, I mean, you have to have the key fob in your pocket to do that, correct?

**Craig:** Yes, I do have to have the key fob in my pocket.

**John:** And soon, it’ll be just your watch.

**Craig:** Yeah. But the nice thing about the Tesla is you don’t have to actually turn the car on. There’s no on button. You sit, you close the door, you put it in gear. You’re off. And there’s no gears, actually. You put it in mode.

**John:** Mode.

**Craig:** Mode.

**John:** All right, this podcast, this episode is in the education mode. Because this podcast, we’re going to be talking about screen credits. We’re going to be talking about how writing credits work. So this is going to be one of those really long in-depth episodes. I don’t really want to say long. I don’t know if it’s necessarily going to be long, but it’s certainly going to be in-depth. We talked about screen credits way back in episode 20. That was back when we had like five people listening to the show.

**Craig:** Right.

**John:** And it’s way back in the archives. And I’m sure everything we said in there was accurate. But my goal with this episode, and I think together we can do this, is that I want to have so much knowledge imparted that if you listen to this whole episode, you will understand more about screen credits than 90% of working screenwriters.

**Craig:** That’s exactly right.

**John:** Do you think we can do that?

**Craig:** I know we can do that. We are going to basically deliver the definitive walkthrough of credits, which I hope is not only listened to by members of the Writers Guild or prospective members of the Writers Guild, but also people who write about credits. Because, frankly, they often get a ton of stuff wrong.

So, we can really walk you through the whole shebang here, which is complicated but interesting in its own way so that whether you’re a fan of movies, or you’re a writer, or you write about movies, you will understand exactly what this credit arbitration thing is. How it actually works from top to bottom. You will be an expert when we’re done with you.

**John:** I hope so. And it was reports in the news this last week that sort of prompted this discussion. Because this last week in Deadline Hollywood Daily, there were articles about the arbitration process over the new Jurassic Park, Jurassic World is the movie.

**Craig:** Yeah.

**John:** And the final decision came down. And the final credits for Jurassic World when it opens in theaters will read Screenplay by Rick Jaffa & Amanda Silver and, A-N-D, Colin Trevorrow & Derek Connolly. Story by Rick Jaffa & Amanda Silver, based on characters created by Michael Crichton.

**Craig:** Right.

**John:** At the end of this episode, we will understand what that means and sort of how they got to this place. We will also understand why writers are sometimes frustrated and confused, and sort of unhappy about the writing credit determination process.

This is what Trevorrow said about this whole process. “I have spoken with Rick and Amanda several times over the past few days,” Trevorrow told Deadline. “Though we may not agree on specifics of the ruling, we share a disdain for the arbitration process and the ugliness that it often breeds. Our conversations ended in a spirit I’d like to think the Guild would support — that a credit should be equally shared. Jurassic World is a special film, and I’d rather acknowledge these writers as co-designers of this adventure than bitter enemies who must be avoided at parties. That kind of animosity isn’t in the spirit of our craft, or our organization. Though I remain a proud member of the WGA, I encourage my fellow members to work together to find alternate ways to evaluate our contributions.”

So that is Colin Trevorrow, one of the writers and the director of Jurassic World talking about it. And I think by the end of our podcast, we’ll have a better understanding of what he was going into and sort of what the reality is of getting your name up on that screen really involves.

**Craig:** Well, let’s begin by taking a close look at something he said here which isn’t quite specific enough. And in doing so, I’m going to kick a little bit of a hornet’s nest. Because the WGA or the Guild does not determine credits the way people —

**John:** What?

**Craig:** Use those, huh? In fact, the WGA West or WGA East determines credits. So we have two unions, West and East. Now, a lot of people will immediately say why? And the answer is, don’t know, it was that way back in the ’40s when long distance was, you know, super expensive. It makes no sense now. That’s a whole other episode.

**John:** Wouldn’t the whole history, though, be that television was largely based out of New York and features were largely based out of Los Angeles and overtime that sort of changed. But that was — originally, they were very different beasts. Is that accurate in any sort of historical context?

**Craig:** No, kind of not really.

**John:** Yeah, I’m probably wrong.

**Craig:** Yeah, I mean a little bit, but no. I mean, it doesn’t matter. The truth is, it’s one of those things we live with now and in an age where we’re constantly revising the world around us to be better this has resisted revision for political reasons essentially. But it is important to understand here that in this case, the credit determination process was messy, from what I can see. It did contain a very strange inaccuracy. There was a second review of it. And it was conducted by the Writers Guild East.

Now, let’s talk about who determines credits and why it matters. So, the Writers Guild West or the Writers Guild East determines credits. Here’s the way the rules work. If a majority of participating writers on a project are West members, the West handles it. If a majority of the members on a project are East members, the East handles it. If there’s exactly the same number, tie goes to the West. The West handles it.

Well, aren’t the two unions governed by the same collective bargaining agreement? And aren’t they governed by the same Screen Credits Manual and guidelines? Absolutely. So what’s the big difference? Well, the Writers Guild West has well over 7,000 members. And more importantly, it has probably 50 or 60 attorneys working at the Guild. The credits department of The Writers Guild West handles the vast majority of arbitrations and most of the principals in that department, principal staff members, are attorneys. And they are very, very good at what they do.

Now, I’m not a Writers Guild East member, but I can tell you this. I believe, last I heard, a few years ago, they had one lawyer on their staff. Their staff is something like 20 to 30 people. They really don’t like when I say things like this. They get very, very fussy about it. And generally speaking, this is my opinion, if I could choose which guild would be managing my credit arbitration, I would really, really want the West to do it.

In this case, a very strange decision came down initially where there wasn’t a story credit. There almost had to be a story credit. It was by the rules. I couldn’t begin to explain what they did or how it worked out that way.

But important for you guys to know out there, the West handles most credit arbitrations, but there are cases where the East does. So, be aware of that. In this case, I don’t know who the participating writers were beyond the credited writers, but I believe Colin is an East Coast guy. I don’t know Rick and Amanda.

**John:** I believe Derek is as well.

**Craig:** Yeah. So that’s an East Coast team. If there were no other participating writers and except for Rick and Amanda, then I presume they must be East Coast because this was an East jurisdiction. So, that’s right off the bat. There’s a funky little thing.

**John:** Yes. So let’s talk about why determining credit matters and sort of why we have this system at all. So if we didn’t have the Writers Guild West or the Writers Guild East determining credits, how would we figure out who got screenplay credit?

**Craig:** Well, we don’t have to ask. We know, because in our inception as a union, we did not have credit protection. And so credits were determined by the companies. And in fact, that system still exists today for feature films that are not covered by the Writers Guild, most notably animated films. So when you go to see a Pixar movie, there are credits up there for writing. And those credits are at the sole determination of Pixar. And if they think you deserve it, you get it. And if they don’t, you don’t. If they love you, probably that would be good. If they do not love you, probably that would be bad.

**John:** Yes.

**Craig:** Similarly, if you have an arrangement in your contract where you are set to receive a bonus should you get screen credit, it would obviously be in the company’s interest to not give you screen credit if it would cost them a lot of money. And, of course, there are issues of abuse where they could theoretically put, particularly in the case of writer-directors and writer-producers who just say, “Look, I want this credit for myself and we’re all chummy here. You know, just give it to me.” So that’s the major thing we’re avoiding.

And then there’s also the secondary thing that’s actually written into our collective bargaining agreement that says that the WGA is in the business of protecting the dignity of the credit. We want our credit to mean something. It is a special credit. It is not like other credits on a movie, other crew credits. It is both a credit that says I wrote this movie and it’s a credit that indicates proper authorship of a movie. Even though we don’t have copyright, there’s an implication of authorship there. So our credits mean something and we want to protect their dignity.

**John:** Absolutely. So, while we’ve often talked about on the show how filmmaking is an incredibly collaborative process. So, at every level, everyone involved in the film is helping to make that film possible. People who are writing the film, people who are directing the film have an interest in defining some authorship, defining that their work is the principal creative driving force behind this film existing.

And it’s one of the reasons why, you know, you might see 15 different companies listed in the visual effects in a very visual effects intensive movie. But you should hopefully only see one writing credit that reflects who the individual or the team that was principally responsible for this movie. Even if more than one writer wrote it, there’s been a determination of who is most responsible for this film. And that is the process that goes through arbitration.

**Craig:** That’s right. And our credit isn’t manipulable the way that a lot of crew credits are where you could say, “Well, here’s 100 people that worked on visual effects. But these people are artists, these people are supervisors, these people are producers. The person is the, you know, the ultimate, the visual effects master.” Writing is writing. And so we don’t have junior writers, senior writers or stuff like that. We just have writers. Did you author this movie or not?

Directors are shielded from this to almost exclusive extent because the job of directing a film is singular. We don’t direct. I mean, by the way, it used to be that they would have three or four directors on movies, but we’re talking about back to the ’20s and ’30s. In modern filmmaking, one director makes the film. You cannot successfully replace that director once, twice, three, or four times on any regular basis.

So you will not really, I mean, there are occasional times where directors are replaced. And there are director credit arbitrations. They’re exceedingly rare. But because of the nature of what we do comes before production, it’s obviously quite common.

**John:** So the crucial sort of third piece of that creative triumvirate is the producer. And producer credits have, as we talked about on the show before, proliferated. And so one of the things you will start to see increasingly in films these days is a credit after the person’s name saying PGA, Producers Guild of America.

And the Producers Guild attempted to do something like what the Writers Guild already had for writers’ credits. It’s basically to identify who are the producers who were principally involved with the actual creation of the film. And so that if there are 12 producers listed, the ones who have that PGA credit are the true principal producers behind it. And that same sense of authorship. They are the ones who deserve some creative ownership, some creative recognition for what they did for the film.

**Craig:** Right. They recognize that if you have 14 people that say producer, then the credit producer means absolutely nothing. The PGA is not an actual guild. It’s not a labor union. It’s a club. But they do a good job of their primary goal, which is protecting the dignity of that credit.

So the PGA comes up with their own rules as they wish. We can’t do that. Because we are a labor union, the Writers Guild derives all of its authority and jurisdiction from its collective bargaining agreement with the companies. And so while most writers in the union will never look beyond our Screen Credits Manual, which is the manual the union publishes for its writers and arbiters to list all the guidelines. In fact, all that stuff derives from our collective bargaining agreement. It’s in an area called Theatrical Schedule A, which sounds sexy. It is. It’s —

**John:** It’s such good reading.

**Craig:** 50 Shades of Schedule A.

**John:** I just love it.

**Craig:** Yeah, it’s pretty hot. So if you’re ever feeling randy.

**John:** Well, the fact that it comes from this collective bargaining agreement would explain why it actually feels so lawyerly when you go through it. So most writers will encounter these restrictions, these regulations, these, you know, they’re not even guidelines. They really are rules in something that’s called the Screen Credits Manual.

And that is when you are seeking credit on a film or if you are involved in arbitration either as an arbiter or someone seeking credit, you get the Screen Credits Manual. And it really lays out in very clear language exactly what the requirements are for different kinds of credits.

This is important for lots of reasons because this is how we’re going to determine the credit. And if we didn’t use those rules properly, writers would be up in arms. And writers would be not just disappointed, the way that Colin Trevorrow was disappointed, but might sue or might take actions that would potentially break the whole system.

**Craig:** Yeah, it’s unfortunate because there are things in the Credits Manual that are clear. There are other things that are as clear as mud. And it is. It all derives back to its origin as a legal document and a legal document that is the product of negotiation with companies and lawyers on both sides.

So a lot of times, writers will look at this stuff and think, “My guild is ridiculous. They’ve printed this impossible to understand booklet. And they’re so legalistic and they’re treating me like, you know, I’m in court, and they’re the judge. And it’s very off-putting and it’s very disconnecting.” But it’s not the Guild’s fault. They have no choice.

This was the devil’s bargain. We get to do final jurisdiction over credits but we get to do it within the framework of a large document drawn up by a lot of lawyers.

**John:** If it were nicer and squishier, it wouldn’t hold up in court.

**Craig:** It would not.

**John:** And then we would be in a real bad situation.

**Craig:** It would not hold up in court. And ,in fact, a number of writers have sued the Writers Guild because they felt that they were unhappy with the outcome of going through the credits process for one reason or another. And in the Writer Guild history — Writers Guild’s history — they have never lost. They have never lost one of these credit cases.

And they have never lost in no small part because the credit staff at the Writers Guild West, at the very least, is full of lawyers who specialize in this area of law. WGA credits [laughs], that’s their area. And they follow those rules. It can, at times, be distressing when your own guild seems to be applying rules to you with no sense of mercy or fairness or rationality. But that is the job they’re tasked with, unfortunately.

**John:** So before we get into the process of determining the credits, let’s make it clear what we’re talking about and what we’re not talking about. So you and I both have a lot of experience with screen credits for feature films. And that’s mostly what you and I have done. I’ve done some TV, we’ve done some other things, I’ve served as an arbiter in some TV situations.

But mostly what we’re talking about here is theatrical films. And that’s really our sort of bread and butter. That’s where we have the most experience with. And you’ve also served on the screen credits subcommittee for the WGA. You’ve had like a lot more intense first-person experience with how these rules are made, is that right?

**Craig:** That’s right. I am the co-chair. There are three of us along with — I’m the co-chair along with Robert King who currently is a television guy because he and his wife, Michelle, have created and run The Good Wife. But prior to that, he was a feature guy.

And it’s a joint committee for West and East. So our East co-chair is Stephen Schiff who wrote a number of fine films as well, a sequel to Wall Street being one of them, Deep End of the Ocean I think. Maybe the other —

**John:** Yeah, that sounds right.

**Craig:** Great guy. Awesome guy. Very, very smart. So we have this joint committee. And over the years we have been tasked to take a look at our rules, consider revisions, put those revisions to the membership to vote on. And happily, they have approved all of our proposals. And I think we have done a very good job of fixing some things that needed fixing.

I also, because of the fact that I serve on that committee, I get calls all the time. People call me all the time with their problems, complaints, questions and suggestions.

**John:** Yeah. I will confirm that behind the scenes Craig is a go-to person for questions about is this how things are supposed to work. And if things are working improperly, Craig is the person who can help steer people towards better answers.

**Craig:** Yes.

**John:** The other thing I want to make clear that we’re not talking about is we’re not talking about copyright. So if you think back to the Gravity lawsuit, if you think back to other copyright claims, this is not copyright. This is… — copyright on feature films, the kinds of things we’re talking about, it’s the people who made the movie are going to own copyright. They are the people who are considered the authors of the film for copyright purposes.

So this is determining whose name shows up as written by or screenplay by or story by. We’ll get into specifically what those mean. It’s important for those writers because sometimes it is a form of compensation. It can influence what they are paid for the day the movie comes out, but it’s also a huge impact on what the residuals will be down the road.

So even though this is not copyright, it’s incredibly important, both creatively and professionally but also financially.

**Craig:** Yeah, you’re right. So we work on a work-for-hire basis. The screen credit is the as if version of your name on your book. And residuals are the as if version of getting royalties on your book. So we don’t have the legal copyright. But that’s so much of what credits are about are essentially compensating us for that and allowing us to have attribution which would be one of the moral rights that go along with copyright.

**John:** Great. Let’s walk our way through the process. And so let’s imagine a theoretical film that has gone into production, it is finishing production, maybe they’ve wrapped, or maybe they’re about to wrap. Let’s talk through the process and what the stages are of figuring out who should get credit on a given movie.

So Craig, start us out. What’s the first thing that’s going to happen?

**Craig:** Well, interestingly enough, the first thing that happens is the studio says, “This is what we think.” It begins with the studio. They get a chance to propose what they think the credits ought to be. They are restricted really only in one sense. They cannot propose credits that are essentially illegal or impossible.

For instance, there can be no more than three writers listed as credited for screenplay with a writing team counting as one writer. There can be no more than two writers credited for story by, again with writing teams counted as one writer. So they can’t propose something with three story bys and five screenplay bys.

So they report to the Writers Guild and they say, “Here it is.” And it’s a fixed form that is defined down to the letter in the collective bargaining agreement called the Notice of Tentative Writing Credits Theatrical.

Now, while this is going on, the companies do have a little bit of flexibility. You may, out there, have noticed that you went to go see a movie, and in the lobby saw a poster with some names on it for credit. And then months later, when the movie came out, the names were different.

Aha. Well, the companies are allowed to use their tentative writing credits for promotional purposes when they need to do things in advance. One of the rules that we have is that if they credit a director on something, they have to credit the writer. So if they put a poster out there and say, “From Jim Blue,” they need to also say, “Written by Alice White.” Well, they may not know the final credits, they’re allowed to use their temporary credits.

Once the credits are fixed and placed by the Guild, then those are the only ones they can use. So it’s all kicked off by the studio.

**John:** A tiny sidebar here. As we talk about those posters, those sort of teaser posters, it’s worth noting that the rules stipulate that the director’s name has to be equal to the writer’s name. So it has to be the same size, the same color.

**Craig:** Yes.

**John:** The director’s name cannot be highlighted in a way that the writer’s name is not highlighted.

If you know this rule and you start looking at posters, you will notice some really interesting trends. So the teaser poster for Big Fish says “From the visionary mind of Director Tim Burton”. And so Tim Burton is big there and it’s in the blue sky and brown letters. And then it says, you know, “Based on a novel by Daniel Wallace, Screenplay by John August”. And our names are also in that same type size and they’re also in brown.

But our names are like on top of like some dirt. [laughs]

**Craig:** Right.

**John:** So it’s actually much harder to see our names. But technically they met every stipulation that we are the same font, the same size, same color.

**Craig:** Yeah. Sometimes, they will do things like that. Sometimes it’s a little embarrassing. When the promotional stuff for the second Hangover came out, they made a big deal about Todd Phillips’ name because he was so, he directed the first one, it’s his franchise. So his name was really big. So then suddenly my name and Scot Armstrong’s name were really big. And people were like, “Dude, who do you think you are?” [laughs] And I was just like, “It’s a rule. I didn’t ask for it. It’s a rule.”

So here’s what you get. The Writers Guild will receive this Notice of Tentative Writing Credits Theatrical and then send copies to the participating writers or their current agents if the participants so elect. And the sheet will list all of the participating writers that were involved, the title of the movie, the executive producer, producer and director, other production executives and their titles if they were participating writers.

And then here’s what we think the credit should be, here’s what a source material credit will be, like based on a novel by. And that’s basically the deal. And it kind of ends with this will become final unless a protest is communicated by this time. So that’s what the company thinks.

**John:** Let’s define what production executive means because that trips a lot of people up.

**Craig:** Yeah, yeah.

**John:** So production executive does not necessarily mean a studio employee. It means somebody who was involved in the production of this movie with a different title or a different sort of controlling interest. Producer is often one, but so is a director. There may have been cases where an editor or somebody else has a —

**Craig:** No, no.

**John:** That was production executive. No? Is it only producer and director?

**Craig:** Yeah, it’s defined and it’s basically defined as anybody that has a producing credit or anybody that has — and it’s an onscreen producing credit. Or anybody that has a directing credit. And it is strange that they call it a production executive because in the real modern world production executives are basically studio executives who never write on movies. Well, extremely rare, rare exception.

But it’s quite common for there to be writer-producers and writer-directors. And so their presence in this process will — well, you’ll see why it matters. But, yeah, the way that they define these things is, yeah. You got to be a director or producer.

**John:** So let’s say you are one of the writers of this theoretical movie and you receive a Notice of Tentative Writing Credits. So hopefully, it went to your agent, your lawyer, hopefully, it went to you. And you see this and you say, “Well, I don’t think that’s actually the appropriate credit for this film. I believe I deserve, for example, screenplay credit.” Or, “Something about this does not strike me as being right.” Or perhaps there was a writer whose name was left off the list of participating writers. This would be a time for me to say, “Something here is not correct.”

**Craig:** Yeah. Well, first of all, let’s hope that you actually get the damn thing. So that’s been an issue.

**John:** It has been.

**Craig:** They should be just emailing these things directly to us. I think now they can do that, but they still need to send copies to your agents or your managers. You need to make sure if you’re working on a movie that the Guild has your current representative information. Must have it.

I have spoken to writers who have suffered because they didn’t get the statement in time. And it is a disaster. So make sure, if you’re working on a movie, the Guild has your proper information. But, yeah, basically, you’re looking at this. And if you agree, great.

And by the way, if everybody agrees, guess what? Done.

**John:** Done.

**Craig:** If one person, one single person says, “I don’t like this,” all bets are off and now you go to arbitration. So like I said, any participating writer can ask for a protest. We should probably define who exactly is a participating writer. Aha.

**John:** So a participating writer is anybody who wrote on the movie, was paid to write on the movie, correct? Because if they were just, let’s say, somebody’s niece wrote one scene and they weren’t paid for it, they shouldn’t have been writing the movie anyway, but they would not be considered a participating writer, is that correct?

**Craig:** I don’t think — well, probably, because she’s not a professional. But if you are a professional writer and you do write literary material, in the absence of a contract, I think what happens is the Writers Guild will go back and say, “Okay, they’re a participating writer. But they must — ” you have to go pay them. You have to get a contract put together for them.

But the way it’s defined in our collective bargaining agreement, it says, “Contributed literary material or employed under a WGA contract” which means, by the way, somebody could be employed and not actually write anything, and then suddenly they’re a participating writer. But it’s an exceedingly rare circumstance.

Typically, all the participating writers are people that were paid under a contract to write on the movie. Sometimes, though, there is an argument about that and we’ll get to that in a second. But let’s say nobody protests but one of the participating writers happens to also be the director. Automatic arbitration.

**John:** Yeah. If one of the participating writers was a producer or director, it automatically kicks into arbitration.

**Craig:** Correct.

**John:** And talk to me about the rationale behind why that is, that rule exists.

**Craig:** Well, the notion is that if you are a lowly writer — let’s say you’re just starting out, you’re 26 years old and the producer is a legend. And the producer comes to you at the end of the process and says, “By the way, you know what, I want credit on this movie.” “Uh, well, you didn’t write anything.” “Yeah, I want credit. I’ll tell you what, I’m going to put my name on there for credit and don’t arbitrate. Because if you arbitrate, I’m going to have to destroy you. I’m going to ruin you. Everywhere I go, I’m going to ruin your name.”

Well, that’s potentially quite horrible. And I wish I could say that there aren’t people that behave like that in Hollywood. But I think we all know that there are.

So the Guild’s solution quite elegantly is to say, “If anybody is in a producer or director position that is participating in this process, there is going to be an arbitration. Nobody has to make a choice. There’s no ability for anyone to say don’t do it. It’s happening no matter what.” So you will remove the potential for undue pressure —

**John:** Agreed.

**Craig:** From people with authority.

**John:** So going into these situations, if you are writing on a movie that has, you know, a writer-director or you wrote something and a writer-director came on board and re-wrote your script and it’s now going into production, you should know that will automatically trigger an arbitration.

**Craig:** Yup.

**John:** And so the situation with Jurassic World, Colin Trevorrow was hired on to direct this movie.

**Craig:** Right.

**John:** He ended up re-writing the movie. That was always going to be an arbitration.

**Craig:** Correct.

**John:** There was no way that could have avoided arbitration.

**Craig:** That is exactly right. So that was a necessary arbitration. An arbitration will occur if any of the writers protest. An arbitration will not occur if all the writers agree.

And by the way, the writers don’t have to agree necessarily with the studio. If none of the writers are directors or producers, they can agree amongst themselves. They can come up with their own agreement. It happens quite rarely but it is possible.

**John:** It’s happened to me probably on three or four different movies. So, you know, I try to always have open discussions with any writers involved in the movies I’ve worked on, to talk through those issues before we get to arbitration.

And in some cases, we have decided like, “Oh, this would be a fair way to split the credit.” And that’s great and we all agree and we sign off on that and that’s done.

In other cases, we’ve had that conversation and disagreed but it was actually incredibly collegial. And we explained very clearly where we were coming from, what we thought the credits should be, we disagreed, and we went to arbitration. But there were no bad, hurt feelings. It was actually a pretty happy process.

So I would just encourage people to try that discussion if it makes sense.

**Craig:** Now, in the cases where you guys agreed on things, did you still have to write statements for an arbitration because it was an automatic arbitration or —

**John:** In those cases, it was not an automatic arbitration. I do recall writing a letter saying, “I believe these credits should be this credit.” And we basically all sent that in at the same time.

**Craig:** Yeah. So that would have been an automatic. So sometimes, in the case of an automatic arbitration where everybody really does agree, they can all send in one joint statement. And we’ll get to participating writer statements.

But before we can get to that, first, we can’t get to an arbitration if there is a disagreement about who is supposed to be in the arbitration.

**John:** Yup.

**Craig:** So what happens if somebody says, “I should be a writer and I’m not listed,” or somebody says, “That guy didn’t write anything. He shouldn’t be listed,” or if someone says, “Well, wait a second. She’s listed as the third writer but she was really the second writer,” or somebody says, “Hey, whoa, whoa, whoa, that guy is submitting that material? That material wasn’t before me,” all sorts of issues.

So there is a procedure in place called a pre-arbitration. It’s also at times known as a participating writer investigation when that is the focus of what it’s doing. And these are the things that a Writers Guild member, hopefully a seasoned, well-informed Writers Guild member under the careful watch of the staff makes a decision about what material should or should not be included in the arbitration, who is or is not a participating writer, is the project really an original or is it an adaptation of source material, what is the chronology of the material. All of these fussy, fussy questions will get hashed out before it even goes to arbitration.

**John:** Now, this is a unique situation and it doesn’t happen all the time. But this is really an investigation. And so they may actually call you in to say, “Can you talk us through what actually happened here? Can you explain what this is? Where did this come into existence?”

And so I’ve been in some of these situations where I have had to literally go in and talk in front of some people and they would ask me some questions. I wasn’t there opposite the other writer who was seeking credit, but there were things that needed to be figured out. And so I’ve had to physically go in and do these kind of things.

**Craig:** They were somewhat rare when you and I started. They are growing increasingly more common, because the way that studios develop movies now has gotten loosier and goosier.

It’s actually quite common for studios to purchase spec screenplays and repurpose them as sequels to things. And there are quite a number of notable examples. For instance, Ocean’s Twelve started as an original screenplay written by George Nolfi and was then repurposed.

Well, what do you do about that? Is that still an original or is it an adaptation? There are all sorts of things that need to be figured.

Sometimes, studios will purchase a screenplay from another company. They’ll buy a company. That company has screenplays but they weren’t Writers Guild screenplays. What happens to those? By the way, answer, those become source material not subject to Writers Guild credits.

But there’s all this stuff that needs to be figured out. And as companies get stranger and weirder about how they suck up material from the culture and spit it back out in the form of movies, these pre-arbitrations will become increasingly common.

**John:** So there’s a lot to figure out. Especially, studios now are doing these kind of bake-off competitions where they’ll hire two writers at the same time to work on different drafts of things —

**Craig:** Yeah.

**John:** Which to me just feels like a disaster waiting to happen. And yet the studios are banking like, “Well, one of those drafts we’ll shoot, or if there’s things we like in both of them, we’ll piece it together.” And God bless them, but that makes it very, very complicated. And this pre-arbitration hearing could become a very important part of the process of figuring out who deserves credit, when stuff happened, which characters originated in which draft.

**Craig:** Absolutely, absolutely. And to be clear, as we go through this section, as we walk you through this section, the Writers Guild has a duty of fair representation. That’s a fact of law. They have to represent all participating writers equally, even when one of them is the director or one of them is a producer, or one of them is new, or one of them wrote a spec, or one of them is a re-write, it doesn’t matter.

At times, writers will feel like they’re siding with one person or another. And that’s only because they are [laughs], because somebody has to be right, you know. This is where, unfortunately, people get really emotional and upset about this because nobody wants to lose. And when you think you’re getting jobbed, it’s a terrible feeling. But, alas, it’s a dirty job, someone’s got to do it.

**John:** So, Craig, as we come out of the pre-arbitration hearing, as we come out of the participating writer investigation, what information should be agreed upon? It’s basically these are the writers who participated in this draft, this is the order in which the scripts sort of come in. And at that point, do we start to impanel real arbiters?

**Craig:** Yeah. So now we know that we have a number of participating writers. There are no more participating writers than these and no fewer. These are they. We have a chronology for the work that they’ve done.

And each one of them gets a letter because everything’s done anonymously. We’ll get into the why of that. And we have material assigned for each one of them. So we know what material has been allowed and what material is no longer there.

And now, we reach out to three writers who will become the arbitration panel. Before the guild can select them, all the participating writers receive a list of all the screenwriters in the guild that are eligible to be arbiters. And the participating writers can red-pen through people they don’t want.

Why would you want to strike people’s names? You may have had a bad experience with some of them, some of them you may not like, some of them you —

**John:** Some of them you may know that they are just a dummy.

**Craig:** Right.

**John:** You may just realize like, “You are not a clever person and I would not want to trust your opinion.”

**Craig:** That’s right.

**John:** Now, keep in mind, you as the participating writer, you should be anonymous. They shouldn’t know which was your draft. So they shouldn’t be able to hold any personal bias against you. But in the Internet era, it’s very hard to have no idea of what a movie is or who might have been involved with it.

**Craig:** Yeah.

**John:** So there’s lots of reasons why you might want to, you know, not select certain people.

**Craig:** Correct. It’s virtually impossible at this point to presume anonymity.

The way the process is set up, the writers obviously are familiar with each other. But the writers will not know the identities of the arbiters. And that’s easy —

**John:** Yeah.

**Craig:** Because they’re not going to see them or address them.

The arbiters receive materials and all the participating writers are identified by letters. So there’s writer A, B, C, D and E. They don’t know the names of the people who have written them. But if they go on IMDb and there’s only writer A and writer B, they’re probably going to be able to figure it out.

**John:** Yeah.

**Craig:** The great hope is that they don’t do it. And certainly if they indicate at any point that they have, then they’re bounced. The double blind anonymity — arbiters don’t know each other, arbiters don’t know the participants, participants don’t know the arbiters, maybe triple blind, that has essentially been the cornerstone of the Writers Guild’s defense of itself.

Essentially, they’re saying, “We have fulfilled our duty of fair representation because the process excluded the possibility of some people being favored over others for any reason other than the material itself.”

**John:** So let’s talk about the requirements of an arbiter, because you and I both served as arbiters on screen credits decisions.

**Craig:** Right.

**John:** So to be an arbiter, you’re supposed to have been a member for five years, you should have had a minimum of three on-screen credits. So you should know what it is you’re talking about. You should have been through this system before. You should know what, you know, a movie looks like when it’s written down on a page. And you hopefully sort of have some exposure with what this whole process is.

Now I get the call to be an arbiter probably five times a year.

**Craig:** Yeah.

**John:** And I say yes maybe twice a year based on sort of like how busy I am. It’s a tremendous responsibility. And I will credit the guild as being very upfront about how much work it’s going to be and how many drafts there are to read, how complicated it is, how many writers there are on board. They will tell you the name of the project just so you would know, like, oh, I can’t do that because I know exactly who wrote. I know too much of the history of it.

**Craig:** Right.

**John:** Or like that was the thing I wanted — I was up for that job but I didn’t get it. Like, there would be really obvious situations where you should not be involved with it. But my instinct is to always say yes if I can say yes, because I know how incredibly important it is that smart and dedicated guild people take these arbitrations seriously.

**Craig:** No question. And so the struggle is always when they call and they say, “Well, there are seven participating writers, so seven drafts, plus a novel.” Oh, and you know you have a deadline and it’s just, you know — I try not to automatically say no to those. I have done a couple of those monsters. Generally, when they call me, I tend to get problem cases. [laughs] I’ve noticed.

**John:** Yeah.

**Craig:** They haven’t indicated this but I tend to get complicated ones. I tend to get big ones. And I often get comedies. So I don’t know if they’re doing that on purpose or not. It’s just the way it kind of comes.

Not everybody can be an arbiter. There’s three rules that govern this. One is, okay, you can be an arbiter if you’ve been a current member for five years, or you can be an arbiter if you have a minimum of three on-screen credits. So if you’ve gotten that in fewer than five years, Mazel tov.

And then the other issue is that of the three arbiters, two of them have to be what they call experienced arbiters. Meaning that two of the three have served on at least two other arbitration committees which you start —

**John:** Oh, I wasn’t aware of that. Wow.

**Craig:** Yeah. So there’s an interesting bottleneck there of experience. So in every arbitration, they can only put in one rookie. So every time — so once they put in one rookie, they’re like, “Okay, they can be a rookie one more time and then we get to use them as experienced.” But you can see how the pool of available arbiters is fairly compressed.

The Writers Guild struggles endlessly to find arbiters willing to do the work and willing to do it in the short amount of time we get. And the amount of time, that window has shrunk and shrunk and shrunk and shrunk and shrunk over time because post-production has taken longer and longer and longer and longer, there’s additional writing going on.

And then of course the studios are turning around. The release is incredibly quickly. And they’re saying, “My God, we need the credits because we got to do the — literally put the credits on the movie. We’ve got four days.” It can get really bad.

**John:** Yeah. And in television, just imagine everything is about 15 times faster.

**Craig:** Right.

**John:** So as tight as the schedules can be in features, television is nuts.

**Craig:** Yeah. I mean, the great boon for televisions is that in television the credits are often decided before the arbiters even get them, because in television when you work on staff everyone’s going to get a credit. It’s not the, you know, I would say that movies are like basically one episode television series. So, yeah, the credit is super important. [laughs] It matters. And if you don’t get it, you’re never getting it.

**John:** Yeah. So these arbiters and impaneled. They are receiving the scripts that are labeled writer A through writer F. Sometimes there will be multiple drafts given by a writer if the writer thinks it’s really important to show the progress from this thing or that thing or an idea that was taken out of a draft but then appears later on in a different writer’s script. There may be a reason why she wants to show that.

But the arbiter gets this big stack of scripts. The arbiter also gets a statement from each writer. And those statements can be long and detailed. Those statements can be short. But in that statement, the writer is laying out a case for why they believe the credit should read a certain way and hopefully making a good case based exclusively on the Screen Credits Manual why they believe that the credit should read a certain way.

**Craig:** This statement is essentially your only day in court as a participating writer.

**John:** Yup.

**Craig:** It’s your one chance to express to the people deciding your fate why you feel the way you do. And so naturally this document becomes loaded with all sorts of emotion. And that’s unfortunate because this would be the last time you’d want to do that. This is when you want to be as rationale as possible. Since you and I are both arbiters, I assume you like I have read some terrible, terrible statements from writers.

**John:** Absolutely. And you read these statements which are basically just explaining the hardship that they faced and sort of what the struggle was to make the movie and how unfair things were. And it doesn’t matter because that doesn’t help me reach my decision in which my decision is based on the words on the page.

So the great statements that I really enjoy are the ones that very clearly explain why the writer is seeking the credit that she’s seeking and can provide some roadmap for how she gets to that decision. Will I get to the same decision? Maybe yes, maybe no. But I at least one want to be able to see what the writer is thinking as I’m going through this.

In some cases that statement may help elucidate something that I might have missed otherwise. And so as I’m writing my own statement I try to provide just that same kind of this is the roadmap that gets me to this decision, maybe you will want to follow the same map. And thank you so much for your service. I think any statement that doesn’t acknowledge the incredible amount of time that the arbiter is putting into this is a foolish statement.

**Craig:** Yeah. Yeah. Well, I would argue that the most foolish statement is the one where the writer has paid somebody to write it for them. This is a scourge and I’m sorry to say it exists. And if you are in the Writers Guild and you’ve heard of people doing this and they’ve had success, yes, much the same way that Post Hoc, Ergo Propter Hoc works in homeopathic medicine and so forth. It’s a disastrous idea and an enormous waste of money.

There are people out there who charge thousands of thousands of dollars to write a professional statement for you as you, analyzing all the material, making their case. These statements tend to be quite long which arbiters don’t like. But more importantly they’re the same. They’re the same. You’re getting ripped off.

So what will happen is for instance I did an arbitration recently. And when it was done and the decision had been rendered I then called the staff and said, “So I don’t know if you’re able to tell me but this particular statement smelled like a professional statement to me. It didn’t impact my decision one way or another. But it just smelled like it.”

And they said, “Oh, yeah, yeah, yeah, we see that statement [laughs] with like various versions of it.” I mean basically these people — you know how it works. You know the way the world works, right?

**John:** Absolutely. I will say that as friends go into an arbitration situation they will invariably email me saying like, “Hey, can you share one of your statements with me?” And I will usually do that but I always caution them that each statement needs to individually, you know, reflect the needs of that project. And so I’ve written long ones for things that really, truly were complicated where I came on and off the projects several times. And like without some sort of map it could be very easy to forget sort of what happened along the way.

**Craig:** Right.

**John:** But I’ve also written like the two-page statement. I’ve written the half a page statement that basically says, “This is how I think it should end up. I thank you for your service. God speed.”

**Craig:** Yeah.

**John:** It really depends on the situation. So I would never urge people to write the long statement to spend, you know, six days writing a long statement because people will go crazy writing it.

**Craig:** Well, yeah, I mean, look a bad statement from you is always better than any professional statement. The arbiter will understand whether they realize the statement is a “professional” or not, they can feel a personal touch on a personal statement.

So I’m going to give my advice to people on general advice when they’re writing these statements what I think makes a good one. And then I guess by elimination what makes a bad one. Generally shorter is better. If you can keep it under four pages, you will be loved, you will be loved by your arbiter.

Avoid math. A lot of the guidelines refer to percentages. You will get screenplay credit if you hit 33% of a screenplay or 50% of a screenplay. Well, we actually don’t do math on our end. We’re kind of just 50% to I think a lot of us is half or more and 33% is a good amount, you know, I mean. So we’re not counting words or lines so don’t do it for us.

Don’t be a jerk. No matter how you feel about who rewrote you or who you rewrote, be polite and be professional about it. Don’t treat the arbiters like they can’t read. This is my biggest complaint about participating writer statements. They will go and on about some obvious point. And while I’m reading their statement I’m thinking, “Can’t I just read the screenplay? I’ll read it and I’ll know that. I don’t need your chart.” You know what I mean? Like I know how to read, I can do — yes there are certain things that it’s great that you track for me. But other things like a whole page about how this one thing is really just like this thing. It’s a scene, I’ll read it.

Context in small doses is helpful. It’s helpful although not determinative for to me to understand how you came on the job, what your task was, how you approach the writer’s material before you, how you may have been replaced. It doesn’t change necessarily what I’m reading but it can place it in some sort of meaningful context. It doesn’t matter that you’ve spent 12 months on it as opposed to another guy spending a week. But I think it’s at least interesting for the arbiter to understand some of that sort of thing.

And lastly just to remind people, they try this all the time and the guild has to bounce it back to them. You can’t send in recommendation letters, so the producer can’t send a letter saying, “Yeah, we’re backing this guy.” And other than that you’re free to write anything you want in your statement with one exception. You can’t breach anonymity. You can’t identify yourself and you can’t identify any of the other participating writers.

**John:** Yeah.

**Craig:** All right.

**John:** And as the arbiter you get all these scripts, you get these letters. I tend to — I go both ways. In some cases I’ve read all the letters first. In some cases I’ve read all the scripts first. Both ways make sense. If you read the letters first, you have a sense of what the individual writer thinks is important about that draft. But if you read all the scripts first, a lot of times I’ll end up with like, you know, well, this is what sort of makes sense to me and then you’ll sort of see which writers are completely insane and which writers are like, “Oh, I can see how they got to this place.”

**Craig:** Right. And that’s part of the shock of doing the job of being an arbiter is that you will read the scripts and then you’ll look back again at the statements. And someone who’s truly contributed nearly nothing to the final screenplay will have written a seven-page passionate creed about how they really wrote it all. And it’s scary but I understand it.

It’s not — that is not a schizophrenic delusion. That’s just part of being a writer. They’re inner world is rich and fulfilling and everybody else is just a bunch of words on paper. And so this is why sometimes I think people are shocked.

There are ways to process the work if you have a bunch of scripts. You can choose to read the final script first, that’s the shooting script and then go backwards or can start from the beginning. It doesn’t really matter. The only thing that matters is you read all of it.

And while you’re doing that you’re in touch with somebody who’s called a screen credit’s consultant. That’s not a staff member. That is another Writers Guild member. Often they are emeritus. They’ve been doing it for awhile, they may be retired, they may live somewhere else.

And their job really is to just — they’re not reading the material. They’re just there to advice you on the applicable rules. Because there’s all sorts of rules depending on what kind of project it is. So they’re there if you have any questions about things. And they’re also there to collect your decisions. Because once all three arbiters have rendered their decision, if it’s unanimous, that’s it. It’s done.

**John:** You’re done. Yeah. You’re almost done. Each of those arbiters is going to be asked to write up their decision. But it is done. There’s not going to be any further discussion.

**Craig:** Correct, as long as that decision is in fact a legal one. And so staff is — the screen credit’s consultant will then convey to staff, “Okay, awesome. All three of them on their own came up with the same decision.” Staff goes, “Yes, that is a legal decision.” And then off we go.

**John:** It’s a permissible decision. It meets the requirements of what a screen credit can be.

**Craig:** Permissible, perfect word. There may be a case where all three arbiters have three different versions of the credits. So the screen credit consultant will sort of kind of horse trade a little bit and say, “Well, how firm are you on that? Would you be at all? Could you entertain the idea of adjusting your decision to be more like this person or this person?”

What they’re trying to do is see if they can avoid a stalemate. A stalemate is kind of a disaster. It’s incredibly hard as I mentioned to get three people to do this. If all three of them disagree, they got to basically toss them and start again with three new arbiters which they don’t want to do.

**John:** No one wants to do that.

**Craig:** Nobody wants to do that. But on the other hand, they don’t want to force writers into making decision they don’t want to make. So they’re very gentle about this. They just say, “Okay, well, could you or would you consider this?” And if they say, “Absolutely not.” “Fine, no problem. We’ll do another panel.”

If there are two writers, two arbiters that agree and one that doesn’t then what we do is we have teleconference. All three arbiters get on the phone along with staff monitoring. The arbiters are identified to each other only as arbiter 1, 2 and 3. And they talk it out.

And the reason they talk it out is to see if they can actually achieve unanimity because two to one is sufficient. Two to one means, yeah, that’s the decision. But if you can be unanimous it frankly sits better with everybody. So it’s worth taking a look to see if you can get to unanimity.

And there have been times where, you know, the person standing there in the one slot has pointed out to the other two, “Hey, you know, you actually probably agree with me more than you agree with each other.” And so interesting things can happen there. But it’s a chance for arbiters to agree more closely than maybe they would have before.

**John:** And so the arbiter teleconference is a relative innovation or something that’s happened new. It’s the last six or seven years?

**Craig:** Yes.

**John:** How long has that been around?

**Craig:** Yeah. It’s about probably coming up on five years. This is something that we cooked up in our committee and brought to the membership and they approved. And it’s been extraordinarily successful.

**John:** And it really is. Thank you Craig for doing it. Because it actually does make the process much better. Because there’ve been times, twice in this last few years, I’ve been in one of these teleconference situations and it’s great to hear what the other writer, arbiters are thinking and sort of why they reached their decision.

Sometimes I’ve been able to sort of persuade people over to my side. Sometimes we’ve ended up in the two-to-one, but I’ve at least understood why we got to this two-to-one. It wasn’t just like who could possibly think that that, you know, it should be shared story credit. Like it seems impossible to me. It helps you really understand why they got to that decision. So I think it’s a really good process.

**Craig:** It also comes with another benefit. The staff is on the phone listening. And it’s their opportunity to hear the arbiters talk and defend their own positions. And if they’re hearing that one of them is a dummy or is nuts, or is ideological in a prejudiced way then they know not to ask that person to arbitrate again. So it’s another nice side effect of that.

**John:** Yeah. Because otherwise they would have the written decision but that’s not necessarily clear about what the thinking was behind it. The written decision that each individual arbiter makes is very carefully constructed to be sort of unassailable. That like you’ve reached this decision based on exactly these points and nothing more is said.

You’re not talking about the nature of the project. You’re not talking about the history of things. You’re talking about how you reached your decision. And at times the Writers Guild staff will ask you to adjust something in your statement just so it’s absolutely clear that you understood what you were doing.

**Craig:** That’s right. The statement is your — I think that is the evidence of your good work as an arbiter. In your statement, you know, certainly this is how I do it. I cite the rules, I go carefully through story and screenplay. I go carefully through why I felt some writer deserved something or some writer did not.

Some no nos. You cannot refer to anything that one of the participating writers put in their statement because other participating writers can view your decision statement. And we need to keep those statements completely walled off.

I think as an arbiter you need to really make a clear judgment because participating writers can ask to see your statement. They don’t always have to but they can ask if they are contemplating a Policy Review Board.

**John:** Uh-oh.

**Craig:** Uh-oh. Policy Review Board, what’s that Craig? I’ll tell you people. A PRB, a Policy Review Board, is essentially an appeals. Well, wait a second, how would the guild ever manage to that because everybody that loses will want to appeal, right? Isn’t that what’s destroying our nation’s court system as we speak?

Yeah. Well, here’s the deal. The Policy Review Board is an appeals process. Three different writers are now on that Policy Review Board. They are the new judges. But here’s the deal, they can’t read any of the scripts. They’re not there to decide if the arbiters had good opinions or good judgment or good taste. All they’re there to do is determine if any procedural errors were made or misapplication of rules. That’s it.

**John:** Yeah. So unlike a court of law where an appeals court can examine the facts of the case, can examine sort of testimony and other things. In this case the appeals process is only about like did they follow the rules. And that’s it.

**Craig:** Yeah. That’s right. So, you know, if an arbiter writes something in their statement that’s seems fishy or strange and a participating writer asks for a PRB. Well, what will happen is the people at the PRB will call the arbiter and say, “Explain this. What did you mean by this?” And if they say something that’s wrong, the PRB will throw out the decision. It happens very, very, very rarely. Have you ever gotten called by a PRB as an arbiter?

**John:** Never.

**Craig:** I got called once.

**John:** You got once.

**Craig:** I’ve had PRBs before, you know, where they just go, “No.” One time I got called. It was a very, very complicated arbitration with so many bizzarities in it. I know it’s not a word but I don’t care. And but they did call and they just said, “We’re picking up this one line from your statement and we’d like you to explain it more.” And I did.

**John:** Yeah.

**Craig:** And I [laughs] very clearly remember I explained it. And then I heard one of them go, “Yeah, I knew that’s — it’s obvious that’s what he was going to…” It was like, “Duh.” But they had to do it, you know. And then the PRB was the, you know, the appeal was denied.

**John:** So in most cases a Policy Review Board will not happen. It did not happen in the Jurassic World decision. In most cases, the arbiter’s decision will come in, the arbiters will file their statements and then what is the document that the Writers Guild East or West will produce that says, “These are the credits.”

**Craig:** Well, they will send — first they will call. If you’re in an arbitration, the staff member assigned to your case will call you and say, “The arbitration has reached a decision. And the screen credits will be as follows.” And then you go, “Yay” or “Huh,” or “Nah.”

And then they send a letter to the studios and to you that confirms the precise wording with a bunch of legalese about how it has to be presented and so forth. And those are the credits, period, the end, forever.

The IMDb has a deal with the WGA. Once the WGA credits are confirmed, it’s also piped over to IMDb. And those become the official IMDb credits. And then we have working rules as writers that govern us. Once the credits become final, we have to abide by them, we can’t contradict them in public and the studios must abide by them as well.

**John:** Yeah. So, what are some take homes we should have from this whole discussion of screen credits? So, one thing we need to really sort focus in on the end is we’re determining written by credit. And written by credit is of course two different credits combined. There’s screenplay by credit, there’s story by credit. If a writer receives both of those things and there’s no other people who will get a portion of those things, they collapse and become written by credit. Those are the two basic areas that an arbitration will be determining. But every once in a while, there will be weird, fluky kind of things that will show up on screen. Adaptation by for example.

**Craig:** Yeah.

**John:** What are the other —

**Craig:** There are screen story by.

**John:** Screen story by.

**Craig:** Which is common. Adaptation by is extraordinarily uncommon and it also isn’t what it sounds like. It’s probably why it’s extraordinarily uncommon. Generally speaking, the credits that you’ll see are story by, screen story by, screenplay by, written by. Those are the various versions and various combinations.

**John:** Those are the permissible credits.

**Craig:** Correct.

**John:** And in permissible credits, a writing team may share one of those slots or share one those credits. That’s why you see the ampersands. So, in the case of Jurassic World, you see two writing teams, you see they’re joined by ampersands then the word and, A-N-D, combining the two of them to indicate that there were two writing teams involved in a film.

So now as you look at any poster, you will be able to determine which people who are credited as writers were working as a team and which people are working solo. In some cases, you will find weird situations where a person was writing solo and then they joined a team and so they have multiple credits in strange ways. But generally, the ampersand is the indication that those people were a team from the start.

**Craig:** Yeah. And these things I would imagine most — most Writers Guild members probably know, surprisingly — surprising number of them don’t. The arcane stuff almost no writers know which is always shocking to me because that’s the stuff that’s you’re subject to. You kind of need to know. So, you know, an appeal to — oh, do you want to play stump the ump? Want to play stump the ump? Let’s stump the ump. All right, John.

**John:** Great, do it.

**Craig:** Okay. John August, we have a case of a remake, a 1978 film written by some guy, he’s dead now. And they come to you. You write a draft of this remake and then they go to a second guy and he writes a draft. Then there’s a third guy who comes along and says he actually wrote a treatment before the two of you. Who is A, B and C?

**John:** I will ask you a question first.

**Craig:** Yeah.

**John:** Was the movie originally produced under the Writers Guild contract?

**Craig:** It was.

**John:** If it was, then writer A is the person who wrote the first movie.

**Craig:** The dead guy is writer A. What did he win? What did he win?

**John:** I hope something.

**Craig:** Nothing. You know what you won?

**John:** I get nothing.

**Craig:** You won my goddamn respect, sir. [laughs]

**John:** I would say that the treatment — if the treatment guy can prove that he wrote that treatment beforehand, that treatment guy became writer B, is that correct?

**Craig:** The treatment guy became writer B, yes. And then the treatment guy is basically vying for a shared story credit with the dead guy, I believe.

**John:** Yeah.

**Craig:** If there’s going to be, you know, if he can show that he significantly changed the story. So, yeah, there are cases for instance, the remake of The Omen, sole screenplay went to the writer of the first Omen because they felt that the remake just didn’t change it enough. So anyway, see, these are the things you know. You’re smart.

I’m saying to our fellow writers out there, be smart like John August. Take a look at the book before you go into the movie. If you’re working on a project and you’re not the first writer, read the book. If you’re going into the project and you’re the first writer, and then somebody comes to replace you, read the book because it’s common. Right? Know what’s going on.

And similarly, if you do know what’s going on and you’re a smart writer, please do arbitrations. Serve as an arbiter. Let the guild know, if they haven’t called you, that you are volunteering, that you want to be an arbiter. But please, only do it if you’re smart and you’re rational and you know the rules.

**John:** The other take home I would like to urge our writers to keep in mind is if you’re going into a situation where there are preexisting materials, know that it could get bumpy down the road and I see so many people who they’re so excited to sign onto this movie and they’re going to get going and they were the person who wrote it in production and they’re like, “But what’s happening now? I was the person who wrote the movie, how could there be all this hubbub and Sturm und Drang?

Well, you weren’t the original writer. And those original writers, they feel the exact same thing you do. Like, “Well, I was the person who created that movie. You were just the person who delivered it over the finish line.” Very likely there’s going to be some issues down the road. And so as long as you go into it knowing that those could happen, that’s great. It doesn’t mean you need to change a single word of what you put on the page. You can’t — that’s never going to serve you well to try to change more things on the page. Just know that it could happen down the road so it does not blindside you. And you don’t feel like it’s some vast conspiracy against you. It’s the situation, it’s going to happen whenever there are multiple writers on a movie and the movie’s been in development for a while.

**Craig:** Yeah. I mean this is — this is our court system guys. You’re a fool to walk in a court not knowing how court works. And you’re a fool to walk into credit arbitration not understanding how credit arbitration works. It is an awkward, ungainly, overly legalistic, rigid, and occasionally infuriating system, but it’s probably the best system that we can offer ourselves at this stage of the game.

**John:** Yeah.

**Craig:** So learn it.

**John:** Whenever I read an article that’s like the Jurassic World decision, it’s always the filmmaker who feels incredibly frustrated by how this all happened. And they are wishing and pining for a better system, a more fair system, a more just system. The frustration is, I don’t know what that system would be and no one has ever been able to articulate what that more fair system would be.

There have been overtures towards, “Well, what if we had professional arbiters so you knew the quality of the people who were going to be doing the arbitration?” Certainly that’s an idea. There’s been a discussion of, “Well, maybe credits should reflect all of the writers who worked on a film to acknowledge that there were other writers before this.” That’s certainly a possibility as well. For each one of these suggestions, there are many negatives that come along with it too. Any proposed change to the system is going to have a whole host of problems as well. So this is where we’re at. And Craig is on the committee trying to make this work as well as it can work.

**Craig:** Yeah. There’s this thing that happens where people perceive a problem in some system. Their local schools, the way their town is governed, the Writers Guild. And they see something and they go, “Isn’t it obvious what to do? Just do this. Everyone would agree on this.”

Now, actually, finding things that everybody agrees on is extraordinarily difficult. And when it comes to credits, nearly impossible. Simple common sense changes that we made took months and months of diplomacy and discussion and negotiation. And people should also be aware, there are some things that we can’t change on our own. We have to renegotiate those with the companies if we want to change any term that’s in the collective bargaining agreement. Well, we have to ask them for it. And you know what they say? “No.” [laughs]

**John:** They’ll say no. They’ll just say no to spite us.

**Craig:** They will say no to spite —

**John:** Because the negotiation committee —

**Craig:** Absolutely, they — if you said to them, “Well, we want the right to give you guys some nice warm tea,” they’ll say, “No.”

**John:** [laughs]

**Craig:** “No.”

**John:** Absolutely. It would be struck the very first day.

**Craig:** That’s right. You ask for it, you want it? No. Then the answer is no. It’s a —

**John:** Yeah. It’s absolutely no.

Craig. Yes. So, people have to understand, this may be the best we can do. Maybe it will get a little bit better. But it’s pretty much it is what it is. Again, just my personal bias, it’s not up to you. But I’d root for getting the Writers Guild West to run my arbitration.

**John:** Yeah. I’d also just, again, urge any smart writer who’s eligible to serve on an arbitration, serve on an arbitration. And Craig, I have a question for you. If a person has never been asked to serve on arbitration but they are otherwise eligible, can they reach out to the guild saying like, “Hey, I would love to do that?” Will they actually take an incoming call?

**Craig:** Yes. Absolutely. You just call up the credits department and they will check your eligibility and they will note your interest and they will put you in the hopper. They’re careful. They don’t want kooks, you know, and unfortunately, a lot of our members are nuts.

**John:** But if you are WGA member and you are — this podcast has encouraged you to try to do this. And you believe you’re eligible and you believe you could do a good job, call them and tell them that John and Craig urged you to do it because we really do want smart folks doing it.

**Craig:** [laughs] Only for smart. So, you really got to look in the mirror here people, really look in the mirror.

**John:** Yeah. We do. Maybe they’ll be emailing us to look through like previous people’s comments and things they sent in to make sure like, have they asked really stupid questions on the show?

**Craig:** Yeah. How many times in the last month did somebody call you stupid? More than two? Don’t call them.

**John:** Yeah, don’t call them.

**Craig:** Don’t call them.

**John:** I believe it’s time for One Cool Things.

**Craig:** All right.

**John:** My One Cool Thing is also WGA-related because it’s just sticking with the theme. The WGA redid the residuals site. Basically, if you’re a member and you sign in to check your residuals, it’s much better than it used to be. And I’m not quite sure when they updated the whole system. But you can finally sort things by individual movies, by studios, by total amounts of checks. And so I spent, you know, a good hour on it this week looking through stuff, making sure that everything had actually gotten paid out right.

And it’s really fascinating to see what percentage of really my income comes from it. Like, when you actually see your residuals totaled up you realize how incredibly grateful we should be that the residual system exists and that we are paid for our work in the time after we’ve, you know, delivered it.

Not surprisingly, the single film that’s paid me the most residuals is Charlie and the Chocolate Factory, which was, you know, successful out in the theatre but also of course sells really well on home video. The least successful by far is my film, The Nines, which has, you know, made almost nothing in residuals. And yet, it still gets tallied up. And I’m just incredibly grateful to the people who built this new system and who keep the system up-to-date to make sure that we are paid accurately and quickly for our residuals.

**Craig:** Huh, I wonder which one — I guess we should — do you want to guess which ones of mine are the most? And I’m looking at it right now.

**John:** I’m going to say Hangover II is your most rewarding residual.

**Craig:** Okay. All right. I’m looking career view by project.

**John:** Yes.

**Craig:** Okay.

**John:** Had you seen this new whole thing?

**Craig:** Oh, yeah. Yeah. They sent me a beta of it. I just never actually thought to ask questions. So, no, you’re not right.

**John:** Oh, what is your most successful project?

**Craig:** Well, because here’s the thing. Remember, on Hangover II, I was splitting three ways.

**John:** Oh, that’s right. I forgot.

**Craig:** So, for me, it’s Identify Thief. Although I guess the total, if you’re looking at the total pie, Hangover II would probably be the biggest total pie. And then the lowest, well, poor RocketMan, it’s my first movie, RocketMan. You know, and it’s interesting, RocketMan came out actually — it was like pre-DVD era. So it wasn’t even out on DVD for a long time. It missed the boom. [laughs]

**John:** It missed the boom.

**Craig:** It missed the boom.

**John:** Just ranking through mine, Charlie and the Chocolate Factory, which obviously a successful movie, I’m also solo credit so I get 100% of that pie.

**Craig:** Right.

**John:** And Charlie’s Angels: Full Throttle, I share with the Wibberleys, and so that also did well, but I’m sharing it with the Wibberleys. Big Fish is a solo credit but it is not anywhere near the success of Charlie and the Chocolate Factory. Then we can down to Charlie’s Angels, Go, and the rest. Including my TV show, D.C. which only aired three episodes in the U.S., it aired all seven episodes overseas. And so I will tell you that I made a total of $23,000 in residuals on a horrible, disastrous fail of a TV show.

**Craig:** That’s cool.

**John:** So residuals do matter folks.

**Craig:** Yeah.

**John:** If you are a writer in WGA and you want to look up your residuals, I would say that the menu system to find this page is not the most straightforward. So we’ll have a link for this in the show notes. But if you’re on the WGA site, wga.org, it’s in residuals and then residuals look up is the page that we’re looking at now.

**Craig:** Yeah. Pretty cool.

**John:** Yeah.

**Craig:** God.

**John:** Craig, do you have a One Cool Thing?

**Craig:** Yeah. What? [laughs]

**John:** What?

**Craig:** Huh? Hmm? What? Huh? No.

**John:** Your One Cool Thing can be my One Cool Thing. Bruce Joel Rubin, we did a whole episode about Ghost.

**Craig:** Yes.

**John:** And I’m going to host a WGA screening of Ghost and Jacob’s Ladder on, what’s the date? April 25th?

**Craig:** It’s April 25th. Yeah, right there.

**John:** Yeah, you’re looking at the same thing.

**Craig:** I’m looking at the same thing you are. Yeah.

**John:** On April 25th, I will be hosting a screening and a Q&A with Bruce Joel Rubin. We’ll be looking at two of his films, Ghost and Jacob’s Ladder. So if you’re a WGA member, you can RSVP for that now because it may very well sell out. If it doesn’t sell out, there’s a chance that they’ll open it to the public, which would be great too. So, if it looks like it’s going to be available for other people to come to, I’ll let you guys know on the podcast or on Twitter. But it should be really great and Bruce is really wonderful and smart. And especially after our discussion of Ghost, I’m looking forward to sitting down with him and really talking through everything terrific he did in that movie.

**Craig:** Great. Awesome.

**John:** It’s time for our boilerplate. Our outro this week is by Rajesh Naroth who has written some of our great outros. Thank you for that. If you have an outro you’d like to send in, you can send it to ask@johnaugust.com. That’s also where you can send questions. We love to answer questions, so please send those through.

On Twitter, I am @johnaugust. Craig is @clmazin. You can find us on iTunes and we just love it when you give us ratings.

**Craig:** Yeah.

**John:** So if give us some stars, that would be awesome.

**Craig:** Yeah.

**John:** Just search for Scriptnotes. You and also search for Scriptnotes to find the Scriptnotes app which lets you download all the back episodes back to episode 1 or even episode 20 where we first talked through screen credits. So you can see what we did then and what we did now. We also have an Android app. You can search to the Android app store for that as well. Our show is produced by Stuart Friedel. It’s edited by Matthew Chilelli. And we will be back next week to talk through more stuff.

**Craig:** Oh, we got a —

**John:** Craig, thank you so much.

**Craig:** We got a good one next week.

**John:** Oh, it’s going to be really good.

**Craig:** We got a good one.

**John:** If next week’s works out the way I hope it works out —

**Craig:** Yeah.

**John:** I think it’s going to — it could easily be in the top ten.

**Craig:** That’s right.

**John:** Craig, have a great week.

**Craig:** You too.

**John:** Bye.

Links:

* [Scriptnotes, Ep 20: How credit arbitration works](http://johnaugust.com/2012/how-credit-arbitration-works)
* [Jurassic World Script Credits Resolved; Helmer Colin Trevorrow Speaks On Arbitration Process](http://deadline.com/2015/04/jurassic-world-script-credits-resolved-colin-trevorrow-speaks-on-arbitration-process-1201406086/) on Deadline
* [WGAw Screen Credits Manual](http://www.wga.org/subpage_writersresources.aspx?id=167)
* [Big Fish poster](http://netdna.webdesignerdepot.com/uploads/2013/04/BigFish.jpg)
* [WGAw Credits Department contact information](http://www.wga.org/subpage_whoweare.aspx?id=809)
* [WGAw residuals look up](https://my.wgaw.org/home/Login.aspx?ReturnUrl=%2fhome%2fresiduals.aspx)
* [RSVP here for the April 25 WGAw screenings of Ghost and Jacob’s Ladder, featuring a Q+A with Bruce Joel Rubin moderated by John August](http://www.wga.org/content/default.aspx?id=229)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Scriptnotes listener Rajesh Naroth ([send us yours!](http://johnaugust.com/2014/outros-needed))

Scriptnotes, Ep 173: The Perfect Reader — Transcript

December 10, 2014 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2014/the-perfect-reader).

**John August:** Hello and welcome. My name is John August.

**Craig Mazin:** [laughs] My name is Craig Mazin.

**John:** And this is Episode 173 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today, we are going to be talking about the perfect reader, loan-out companies, and how to record a podcast. But, Craig, all of our listeners want to know first and foremost, how was your heritage turkey?

**Craig:** I got to say home run.

**John:** Oh, fantastic. Glad to hear it.

**Craig:** Home run. So changed up a couple of things this year for those of you playing the home turkey game. I got a heritage turkey from a company called Mary’s Turkeys, about a 17-pounder because I had a lot of people. I brined it — I always brine but this time, instead of brining it in a bucket or a cooler, I went with a brining bag.

**John:** Ah, those are the dry briners —

**Craig:** No, no, I’m a wet brine guy. I believe in the wet brine. But that’s a whole north/south, east/west civil war but I’ll —

**John:** Yeah, which is the right barbecue sauce, too, while we’re at it.

**Craig:** I mean, I don’t even get in the middle of that.

**John:** [laughs]

**Craig:** But, no, I’m a wet briner. But the nice thing about the brining bag is that you put the turkey in this big — it’s basically an enormous super heavy-duty Ziploc bag. So it goes over the turkey, you fill it up with the brine, and the nice thing is you can put it in your fridge. Because, otherwise, you got to put it outside in the garage with a bunch of dry ice in a cooler. It’s a big pain in the butt.

And the other thing I did this time was I added some brown sugar into the brine. By and large, you know, people throw in, like, what I call potpourri into their brine. You know, like lemons and sprigs and things. That stuff, all those oil-based things, like, from citrus, that’s not going to dissolve in the water and it’s not going to go into the turkey. You’re wasting your time. Anyway, it came out fantastic.

**John:** That’s great. And how long was your bird in the oven?

**Craig:** This is also the simplest oven-cooking of all time.

**John:** Right.

**Craig:** I went with no basting. I did an olive oil rub.

**John:** Yup.

**Craig:** Put it in at 325 degrees.

**John:** Yup.

**Craig:** 3.5 hours later, it was done to perfection.

**John:** Fantastic.

**Craig:** Did not do anything.

**John:** So this year, I did what I’ve been doing the last couple of years which is the high-heat method.

**Craig:** Okay.

**John:** So you think yours is simple. This is how simple mine was. A little olive oil rub into a 475-degree oven.

**Craig:** Woo.

**John:** For two hours. Done. And so not only do you not have to do anything other than sort of clean and dry the bird —

**Craig:** It’s faster.

**John:** Yes. And you don’t even truss it. You sort of deliberately untruss it. So you have to stick forks in to sort of hold the legs out away from the bird so the heat can get everywhere.

**Craig:** Interesting.

**John:** And it worked really well.

**Craig:** Yeah, I did fail to mention that I trussed. I’m a trusser.

**John:** You’re a trusser?

**Craig:** Yeah, my method is —

**John:** Well, that’s really your bondage thing coming through there.

**Craig:** Yeah, Fifty Shades of Grey’d that thing.

**John:** [laughs]

**Craig:** Yes, the turkey will see me now. I did the slow-and-low method. But the truth is that if you put it in, you know, as long as you don’t have to do stuff with it, it doesn’t really matter.

**John:** It doesn’t matter. Time is irrelevant as long as —

**Craig:** Time is irrelevant. But I have to also, well, I’ll save my One Cool Thing because I did a — I made a lot of different things. I made a pumpkin pie. I made an apple galette, I made acorn squash, I made garlicky green beans with roasted pine nuts. I made a ton of things. But one thing I made, oh, pumpkin scones, which were spectacular.

**John:** Oh, good. Yeah.

**Craig:** But I’ll save my favorite thing for my One Cool Thing.

**John:** Fantastic.

**Craig:** Yeah. How about you? So did you have a great Thanksgiving?

**John:** We had a great Thanksgiving. We had some friends come over. We had a good simple outdoor Los Angeles Thanksgiving.

**Craig:** I know. My sister is in town with her husband and kids and, you know, it’s freezing in New York and they’re swimming today, so they’re super happy.

**John:** Yeah, life is good.

**Craig:** Life is good.

**John:** So life is also good on December 11th. That is the live Scriptnotes show in Hollywood. So as we record this on Friday, the day after Thanksgiving, there are still some tickets left. I don’t know if they’re still really out there, because you, Craig, are bringing in a whole entourage. So I know that you requested, like, 20 tickets for you and your posse so —

**Craig:** I believe I’ve requested four tickets.

**John:** All right.

**Craig:** Yeah.

**John:** A lot.

**Craig:** [laughs] That’s too much. That’s way too much.

**John:** Way too much. You’re disrupting everything.

**Craig:** Yes.

**John:** Our other guests are going to be, so it’s me and Craig, Aline, Jane Espenson, B.J. Novak, Derek Haas, actress/singer/funny person Rachel Bloom, all those people will have entourages as well. So we’re not sure how many tickets are going to be left but if you would like to come, you should come. So go to wgfoundation.org, click Events and you will have the option to purchase the tickets. Come join us on December 11th at 8:00 pm.

**Craig:** Let me do a little hard sell on this, by the way.

**John:** All right, sure.

**Craig:** For those people that listen to the podcast but haven’t been to one of these things, they’re great. It’s just a more relaxed, fun atmosphere. There’s something about it just being all together in a room is fun. You also get to meet other people that listen to the show and people have made friends at these things. You know, it’s like a little community.

**John:** Yes, and we’ve had some babies created out of —

**Craig:** We must have had some podcast babies. I probably made a few podcast babies. I mean, don’t tell anybody. [laughs]

**John:** [laughs] Don’t tell Melissa. Does Melissa listen to your show?

**Craig:** Hey, Melissa, I made, like, 14 podcast babies. [laughs]

**John:** That’s absolutely not true and is the worst.

**Craig:** Not at all true. No.

**John:** Not at all true.

**Craig:** I don’t do that.

**John:** But the shows are genuinely fun and while we’ll, of course, ultimately have this show up for listening, it’s not going to be same thing as being there because we will cut it down and we will cut out, the audience Q&A will probably get cut out.

**Craig:** Right.

**John:** So that’s why you kind of want to come.

**Craig:** Yeah, there’s a great Q&A. I’ll probably do 40 minutes on She-Hulk again [laughs], so that should be terrific.

**John:** Oh, don’t, no, don’t.

**Craig:** Oh, I shouldn’t do that? I shouldn’t?

**John:** No, no more She-Hulk. I think we’ve banned that discussion ever happening again. What I will say what’s interesting is because for my Kickstarter I had a video of me talking about it, some people wrote in and said, like, “Wow, you look nothing like I thought you would look like.” And that is a strange thing about listening to podcasts is that —

**Craig:** Yeah.

**John:** You have, just human nature. You form an image of, like, who you think goes with that voice, and apparently, I don’t look like my voice at all.

**Craig:** I also don’t look like my voice. Neither of us look like our voices.

**John:** Yeah. That’s a good thing.

**Craig:** I remember as a kid, you know, it’s funny, podcasts have kind of brought back an experience that you and I had when we were kids. And then I felt like it sort of went away because radio started to go away.

**John:** Yeah.

**Craig:** When I was a kid, I remember wondering like what does Howard Stern look like? And what does Robin Quivers look like? What do any of these people look like? And then that sort of went away because — and now, it’s back.

**John:** I remember being in Los Angeles, well, as I first moved here and listened to KROQ, and there was Kevin & Bean in the morning. And I had this image of who I thought Kevin and Bean were.

**Craig:** Right.

**John:** And then I saw them at some live event and like, wow, that’s not even remotely what I thought that would be. It’s jarring.

**Craig:** They looked pretty much like I thought they would look like.

**John:** [laughs]

**Craig:** Yeah. I used to listen to Kevin & Bean every morning. Kevin & Bean, and you know, people don’t know, like, that’s where Adam Carolla came out of, that’s where Jimmy Kimmel came out of.

**John:** Absolutely.

**Craig:** Yeah. It was a great show but, you know, it’s radio. What are you going to do?

**John:** Yeah. I remember when Go was being launched, I mean, that was an incredibly important platform for us to get our actors and I think Doug Liman may have even been on that. And like Doug Liman on the radio, it’s just, “Why would you do that?”

**Craig:** [laughs] I know.

**John:** But we were promoting our show. But, like, Breckin Meyer, Jay Mohr on that kind of show killed it.

**Craig:** Right, absolutely. Yeah, I know. It was a big deal back in the ’90s, yo.

**John:** Yo. Another thing we talked about on the previous show was Franz Kafka and we had a reader, Kevin, from Tokyo wrote in with a long response to that and I thought it was great so I thought I would read this aloud. “It was a pleasant surprise to hear Franz Kafka come up on the podcast. I spent many years studying his work and life, visiting the places he lived and wrote, archives, holding his manuscripts and so on. I’m writing to let you know that Craig’s literature professor lied to him.”

**Craig:** Mm-hmm, liar.

**John:** “The mention that Kafka’s works were only published after his death and against his wishes is a persistent myth. The truth is, Kafka oversaw the publication and translation of many of his short stories and novellas, including Metamorphosis. He fretted over details and illustrations, cover designs, and tracked the sales records of his books.

“It is true they asked his friend Max Brod to destroy his unpublished manuscripts in fragments which he considered incomplete. One justification Brod later gave for ignoring this was that after making the request, Kafka continued to actually publish his work. He was working on correcting his proofs for the collection that contains The Hunger Artist when he died. I certainly do not mean to criticize you since Craig brought up Kafka as a springboard for talking about writers’ feelings about their work. Your podcast is not about Germanic literature and the whole thing started by Craig’s professor lying to him.”

**Craig:** [laughs]

**John:** “I guess the professor wanted to leave out the facts to make a juicy story like the entertainment journalists who were the target of your umbrage. Thank you for your entertainment inspiration. Kevin in Tokyo.”

**Craig:** Well, thank you, Kevin in Tokyo. You know, this does happen. Sometimes these myths persist. And look, we are trusting Kevin because Kevin sounds informed. He could be lying to me also, [laughs], right? I mean, we now know that I am susceptible to these kinds of lies. But in this case, I think Print the Legend, that’s my theory.

**John:** I think it is a Print the Legend situation. So I was doing just a little bit of cursory research and it does seem that Kevin has other people in his corner backing him up. There’s a book by James Hawes and there’s a review I read by Joanna Kavenna in The Guardian, and I’ll read a little quote from her because I thought it actually really summed up sort of what we’re talking about. “Hawes strongly believes the myth surrounding Kafka has clouded the perception of his writing to the extent that his translators believe he should sound like some ghostly, plodding sub-Sartre rather than someone whose, ‘black-comic tales of what happens to modern people who can’t give up on the Old Ways’ could hardly be more timely.”

And I think that’s actually a really fascinating aspect of the Print the Legend because when you print the legend, it’s going to influence all the choices you make about that person’s work.

**Craig:** Right.

**John:** And in the case of Kafka, you are translating these things and so if your image of the person you’re translating is, like, “Oh, he’s dark and it’s all about, you know, gloom,” then you’re going to make choices that support that thesis rather than try and define, you know, the funny or the satirical aspects of what it is that he’s writing.

**Craig:** That’s true. And I suspect that this is all accurate because I know that I didn’t study Kafka anywhere near the extent to which Kevin has, obviously, but I did do a lot of Nietzsche studying in college and there are a ton of myths surrounding Nietzsche as well, that he had syphilis, which is not at all the case, that he was an anti-Semite, which is not at all the case. There’s just a lot. It happens, you know, and all these guys lived well before the time of over-examination. No more myths can possibly exist, it seems to me. Unfortunately, we repose mythology now.

**John:** Yeah, it’s very possible we are. I can think back to Columbus, for example, if you want to talk about a person who is sort of built around a myth. And so you and I grew up celebrating Columbus Day and, like this was the day of discovery and there’s all this imagery about sort of who Columbus was and now as we sort of discover more things about, like, “Oh, you know what? Maybe Columbus wasn’t such an awesome guy.” We have to sort of look at all this text we’ve read as a kid and say, like, “Wait, huh? Is this really the right thing to be talking about with Columbus?”

Or Thanksgiving, for example, Thanksgiving is a wonderful holiday. I would not want to change anything about the modern celebration of Thanksgiving. But if you look at sort of what is the legend behind it, it probably wasn’t anything like what we want it to have been.

**Craig:** Oh, no question. America itself, essentially, is the product of, I mean, the American dream, the American stories, all mythological. I see mistakes cropping up all the time. In fact, I was listening to, somebody had put on Facebook this bit that David Cross does in an audio book where he’s rebutting Larry the Cable Guy who was complaining about him. And at one point, Larry the Cable Guy is complaining that America’s on the verge of banning Christianity which David Cross correctly finds absurd and says, “You know, this is a country where, you know, George Washington was christened.” Actually, most of those guys weren’t Christian.

**John:** Yeah.

**Craig:** Most of the Founding Fathers were Deists. They weren’t even Christians.

**John:** Yeah.

**Craig:** There’s just a lot of bad info circulating out there. And now, I’m circulating it as well. So good. Tune in next week for more disinformation.

**John:** Well, speaking of David Cross, David Cross’ frequent collaborator, Bob Odenkirk, is associated with our next —

**Craig:** Segue Man. [laughs]

**John:** A follow up. So on the last episode, we were talking about Simon Cowell and the aspect of, like, criticism and how criticism itself becomes a form of entertainment. And I said, like, “Oh, well, somebody should make a show where they just like criticize a stick of gum and it should be all about that.” And Jonathan Bell, a reader, wrote in, a listener wrote in and pointed us to this great Bob Odenkirk sketch which is on Funny or Die, which is all about — it’s called American Contestant.

And it’s a spoof of American Idol but it’s really just about the judges criticizing this woman who thinks she’s on a singing competition. It’s, like, “No, no, this isn’t about the singing.” It’s, like, “Well, I really want to go to Hollywood.” “We want to see that you want to go to Hollywood but, you know, you have to prove it.” And it just becomes about the nature of criticism and how criticism becomes a popular culture. So of course, I did have a good idea but about six years ago, Bob Odenkirk did a funny series of sketches about it.

**Craig:** Once again, trumped by Odenkirk.

**John:** Yeah. It’s not going to be the last time, I suspect.

**Craig:** No. No.

**John:** No.

**Craig:** Did you see the new Star Wars teaser?

**John:** I did. So we we’re recording this on Friday. So as we’re recording this it is a big deal because this new teaser came out so —

**Craig:** Yeah.

**John:** Craig, how erect were your nipples when you saw it?

**Craig:** Like I could’ve cut glass with those things.

**John:** Yeah. I’ll pause for a second. When did cutting glass with nipples become a thing? Because it is a common phrase. How did it happen?

**Craig:** Well, I don’t know how it happened out there. I cut glass with my nipples all the time. [laughs]

**John:** [laughs] Indeed.

**Craig:** Oh, yeah.

**John:** Basically, whenever you need to do a jewel heist, you have to get really, really excited so you can actually cut through the security glass and steal the jewel.

**Craig:** I have to sort of rotate my torso in a planar, circular fashion. Yeah. No, I do it all the time. I loved it. But rather than talk about the teaser trailer, I just want to tie in to what you were saying that it just seems like these things come out and then there’s just this horde of people just waiting to say, “Meh,” and “I don’t like it.”

**John:** I have to say, as we’re recording this on Friday, I have not heard a single “meh.” I’ve heard a lot of sort of like, “Holy cow, that was much better than I was expecting it to be.”

**Craig:** Well, look, it is exactly as good as I was expecting it to be but then again, as we know, I’m a positive movie-goer. I expect every teaser trailer to be awesome. I truly do. And then, you know, I start from a place of hope and then, you know, we’ll see what happens. But yeah, there was just a bunch, but you know what, sometimes when I’m on the Internet and this is a weird thing for somebody who does a podcast to say, I just want to — I wish there were a button like a shush button, and I could just shush the Internet, just shush. Everybody shush.

**John:** You can. You can close the window.

**Craig:** No, no, no, no, I want other people to shush. [laughs] I want everyone to be quiet, even on their own.

**John:** So on a previous episode of Scriptnotes, we talked about this list that a guy put out saying, like, you know, a list of reminders, sort of an open letter to J.J. Abrams and a list of reminders about Star Wars. And it is interesting that, J.J. Abrams is not a stupid person and it seems like he did a lot of the things on the list not because that list existed but because, like, they’re the right kind of ideas.

**Craig:** Right.

**John:** So the universe does definitely feel old. It doesn’t feel new and shiny. And, like, the helmets look battered and damaged. It definitely looks like it takes a place on a frontier.

**Craig:** Right.

**John:** It looks, you know, like there’s mysterious things happening.

**Craig:** Well, it also looks like it is part of the universe of the first three movies. It has the palette of the first three movies, those wonderful Ralph McQuarrie illustrations. It looks like those. The colors are like those. Obviously, we know from advanced publicity that he’s been erring towards the side of practical objects that are maybe enhanced by CGI as opposed to pure CGI creations. It just looks like a Star Wars movie whereas the other ones just didn’t, you know, so —

**John:** Very shiny.

**Craig:** Yeah, they were shiny. So, I’m super excited. I do believe that this movie will be the biggest. I believe it will be the biggest movie. I think —

**John:** It could be the biggest movie of all time.

**Craig:** I think it will be. I think it’s going to outdo Avatar.

**John:** Yeah. I think you’re probably right.

**Craig:** Yeah.

**John:** Hooray for everybody involved.

**Craig:** All right.

**John:** Last bit of follow-up. On the last episode, I asked if there were listeners who had insights about retail that could help me out as I’m trying to figure out Writer Emergency Pack and in 2015 we’re going to try to put it out in the world, both retails like physical retail and online retail. And about half a dozen people wrote in with like really, really good helpful suggestions. And so I just want to thank everyone who’s written in and if other people have thoughts about that.

And it’s a good segue to our first topic which is, I recognized this last week that we’re actually going to have to put Writer Emergency Pack in a whole separate company because right now I’ve been running it through my own loan-out company and it should not, for accounting reasons, it should just not be part of the loan-out company. So I thought we’d start by talking about loan-out companies.

**Craig:** The loan-out company, which is a quirk of the entertainment business. It really is, you know. It’s not something that anybody really should know about unless they are considering becoming a writer, an actor, a director. That is to say an individual who sells their own art that isn’t — and they’re not objects but rather us, our expression, our individual expression. So what happens is if you achieve a certain amount of success and you want it to be success that you expect to be repeated, not just a one-time deal, then everybody, every tax person, your agent, all of the people around you, your lawyer will say, “You need to form a loan-out company.” What is that?

It is a corporation. Typically, it’s an S-corp. Some people do a C-corp. And you become a company. So for the sake of argument, you’re the Joe Smith Company. The Joe Smith Company is controlled entirely by Joe Smith. Joe Smith owns all the stock. Joe Smith is the sole officer of the company. When you are hired to do things, let’s stick with writing because we are Scriptnotes, the studio makes a deal with the Joe Smith Company, not with you. The studio pays the Joe Smith Company. The Joe Smith Company, in turn, warrants that it is there to provide the services of Joe Smith. And then, of course, you set up something where the Joe Smith Company then pays Joe Smith.

**John:** Yup.

**Craig:** What’s the deal with all these hoops? What does it come down to? No shock, taxes.

**John:** Mostly taxes. So let me back up and make sure that a few terms are clear along the way. So when we say success, it’s not, like, “Hey, you got an Academy Award nomination.” Success means that you are earning a certain amount each year.

**Craig:** Correct.

**John:** And so when I first became a corporation, that threshold was about $200,000. They said, like, if you’re making more than $200,000 a year, then you should incorporate so that you could have a loan-out and things would just become much simpler. That bar may actually be a little bit lower now just for —

**Craig:** That’s what I read, yeah. Now, I think maybe even $100,000. But back when we were starting, yeah, $200,000 was the number that I heard as well. So every actor you see in movies, pretty much every working writer, every director, everybody has a loan-out company.

**John:** So some of the advantages for this are taxes. And so it’s a way of, Sony is paying through a loan-out corporation. Your loan-out company has that money. Your loan-out company can take write-offs against that money for things like your agent and things like your manager and things like your lawyer. Some of the things are going to being paid as a corporation, so they’re not being charged to you individually. That’s very useful.

In almost all cases, the overall balance of your company will be zeroed out of a year. So they’re ultimately going to pay you but it’s a way of delaying paying you as an individual writer for a little bit longer, and that can be very, very useful. It can also be useful because if you have legitimate research that you need to do, trips you need to do to study something for something you’re writing, if you have an assistant like Stuart Friedel, that person can be paid out of your corporation.

**Craig:** Right.

**John:** And it’s generally much better to pay things from a corporate perspective than to pay as an individual.

**Craig:** Yeah. As an individual, taking business deductions is arduous. It is often a red flag. A real simple thing, for instance, I have an office in Pasadena. That’s where I am right now. If you’re an individual and you have a home office, the IRS is, like, “Do you really? Because that’s something that a lot of cheaters say they have but don’t really have. Is it really just your bedroom?” But if you have an office-office and it’s a corporation, it’s an office. They don’t have a problem with that. They expect that.
So you’re right. And there’s something called the alternative minimum tax where as an individual they’re like, “You can deduct a bunch of stuff but then where if you deduct too much, we’re just going to add on a new tax because we don’t really believe you.” That gets circumvented when you’re talking about the — having a corporation.

The other huge tax benefit to having a loan-out is that you can then access different levels and expanded levels of tax-deferred savings. I’m talking about retirement plans. So you can save, you know, as an individual, you have your IRA where, I don’t know, they let you put in $2,000 a year. As a loan-out, you can put in six figures. You can put in a lot of money in tax-deferreds for retirement. You will pay taxes on it one day but it gets to grow without you having to pay the taxes upfront and it’s better.

**John:** Absolutely. And I think we should stress for writers is that if you were a screenwriter, you’re going to be a member of the WGA. And so there will be a WGA pension. The WGA pension, while good for most industries, it’s probably not going to be sufficient for you to be carrying on for the rest of your life. And so socking away money as a screenwriter during your most productive years is really quite important. And to be able to do that in a tax-deferred way through a corporation is fantastic.

**Craig:** Yeah. It’s a must-do.

**John:** Yeah, it’s a must-do. I mean, it’s not just silly, it’s actually dangerous not to do that.

**Craig:** Correct.

**John:** Well, an interesting that’s happened to me is like I’ve had some employees long enough that they have actually become vested in the corporation and therefore, like, they have retirement plans with me, which is just weird but also kind of great. So assistants who’ve been with for, like, five years —

**Craig:** Right.

**John:** Where now they have a pension, which is wonderful.

**Craig:** That’s amazing. Yeah, that’s terrific. You have all sorts of options and flexibilities when you are a loan-out corp. Some people will say that the other benefit is that, you know, you’re shielded a little bit from some legal issues. Not really.

**John:** Yeah.

**Craig:** The truth is that if you do something wrong as an individual, you can’t really hide behind that loan-out corp. That’s so easy. They call it piercing the veil. It’s so easy to say, “No, it’s really just you.” The other thing is that when we sign contracts with studios, one of the things we sign is a certificate of authorship that says, “We’re going to write this.” The individual is going to write this. That’s what the loan-out company is promising. And as an individual, we are warranting that we’re not ripping anyone off. We’re not infringing. We’re not making any, you know, bad mistakes.

**John:** Yeah. So let’s talk about this from a newer writer’s perspective. And people might be listening and saying like, “I’m an aspiring screenwriter. Do I need to form a loan-out corporation?” The answer is unequivocally no.

**Craig:** No.

**John:** So it’s one of those things like getting an agent, getting a lawyer, getting all that stuff, it’s all stuff that happens down the road. And when it has to happen, it just has to happen. Actually, here’s the best parallel. It’s the kind of thing like joining the WGA. You don’t need to join the WGA until you need to join the WGA. Like, at the minute you sign to write a script for a studio that’s a signatory or you sell a script to a signatory, then congratulations. You have to join the WGA and you are now a WGA member. The same kind of thing holds true for incorporating is that at the minute you need to incorporate, your agents, your lawyer, your manager will tell you, “Oh, about that time. You got to incorporate.”

**Craig:** Right.

**John:** And there will be a whole process to do it because literally thousands of people have done it before you.

**Craig:** That’s right. There’s a fee involved to incorporate in the State of California. You know, it’s tempting to think, “God, what I should do is incorporate in Nevada because they don’t have taxes there the way that we have taxes here.” Yeah, it don’t work that way. You got to —

**John:** No.

**Craig:** Incorporate where you live, in the state you live. But they will tell you — it’s good information though to have in your pocket for those of you, especially if you’ve just sold your first thing, if you’re on the verge, this is something you should start talking about with your attorney because it’s a huge benefit to you. You will actually save a lot of money. By the way, do you, question.

**John:** Yes.

**Craig:** Do you use a business manager?

**John:** I do use a business manager. So I will get into that. But first I want to back up one step and say that the first thing I sold, Go, was the first, actually, that wasn’t my biggest sale. I sold two things which I was paid as an individual, neither of which got produced. And those were just paid to John August. And I sold Go and that was just paid to John August. It was after Go that I incorporated. So I still get checks sometimes for just John August money. It’s not my loan-out money.

**Craig:** Yup.

**John:** And it’s fine. It’s just a little bit weird that there’s some stuff that falls outside that veil and falls outside that —

**Craig:** I’m in the exact same boat. My first two movies, RocketMan and Senseless, were both —

**John:** Yeah.

**Craig:** I didn’t have a loan-out.

**John:** Yeah.

**Craig:** So the residuals go to me personally for those. But everything else, they go to the corporation.

**John:** So actually back to your question about a business manager, yes, I do have a business manager, Carrie, and I love her to death. And so she is responsible for keeping track of the corporate money and keeping track of sort of the individual John August money. So I get quarterly statements. She files, you know, the estimated taxes, the quarterly taxes that have get through and make sure that all of the stuff happens.

And again it goes back to the heart surgery thing. She does this for a lot of other writers, a lot of writers that you and I both know. And because she’s seen all the stuff before, it’s just gets done, and it gets done right. But you do not if I can remember correctly.

**Craig:** I don’t, no. Because I kind of like this sort of stuff. I mean, some people have different arrangements. Some business managers do everything for people. They pay their bills. You know, they talk to, “Oh, I need to switch my, the guy that does my exterminating.” Okay, we’ll handle it. So I don’t do any of that. I pay all of my bills. I like Quicken, you know, I’m a Quicken guy. I do have a tax guy that I work with and I have financial investment managers that obviously I don’t , you know, I don’t know what stocks or anything like that. I don’t do that sort of thing.

But the other stuff I handle, you know, it’s not that bad. It’s pretty simple. And, you know, with computers now, it gets even simpler than it used to be.

**John:** So the conversation I had to have this last week with my business manager and with my accountant, and ultimately with my lawyer is that my company, my loan-out company, has been doing all the stuff we do for apps and it’s worked out just fine. So I have employees and we do stuff. The challenge is the company works, the corporation loan-out, works as a cash-based business. That’s fine when you don’t have inventory. But once you start having inventory —

**Craig:** Yeah.

**John:** Things get a lot more complicated. So the only inventory we’ve had to date, has been literally like our 150 episodes Scriptnotes drives and our t-shirts and those just sell out and then they’re done and nothing sits around.

**Craig:** Right.

**John:** But these will sit around and there will be orders coming in and orders going out and there’ll be this whole timeline thing, and first in, first out. And it’s just going to be very complicated and wrong to try to bend this company to deal with that kind of situation. So it will end up being, I think, a whole separate company that will end up being the distributor of Writer Emergency Pack and other things we hope to make.

**Craig:** As well as it should, yeah, because when you have — I remember talking with my late father-in-law about this. He was a Burger King franchisee. So he owned a couple of Burger Kings and you would have to do the same thing with your new company if they get in to profit and loss statements.

**John:** Oh yeah.

**Craig:** It’s just a whole other world. See, the loan-out company exists and can exist because it’s so simple.

**John:** Yeah.

**Craig:** You know, we don’t have stock, we don’t have inventory. We don’t even have profit and loss because our overhead is such a joke, you know. I mean, let’s put it this way. If your overhead is so great that it’s eating up all of your money, I mean the idea is whatever your overhead is as a writer, that plus the money you pay yourself should equal all of the money you’ve earned.

**John:** Exactly. The goal is to zero out everything, every —

**Craig:** Right.

**John:** Every year, every financial year. And as a writer, that’s really simple to do. As someone who has inventory, that’s just not going to be possible.

**Craig:** Right. Because if you don’t, then ultimately you end up paying taxes twice.

**John:** Yeah.

**Craig:** Because the corporation is making money, it has to be taxed. And then it’s going to send it to you, and then that’s going to be taxed again. Anyway, this is something that you, I know it’s all wonky, money, annoying stuff. But if you want to be a screenwriter, you kind of got to know about it.

**John:** You do.

**Craig:** Yeah.

**John:** And you need to think about it at the time that you need to think about it. And so awareness of it before it happens is great. And then when the time comes that you need to do it, you do it.

**Craig:** Yeah.

**John:** So my questions are mostly the writers I know from loan-out companies are feature writer people but it happens in television too.

**Craig:** Sure.

**John:** And at a certain point you’re getting paid enough money, and you’re being paid as both a writer and producer, and that’s going to be enough money that that will happen. But I wonder, are professional athletes a loan-out company?

**Craig:** I believe they are. Yeah, I can imagine —

**John:** And musicians are probably the same. Like Taylor Swift, I’m sure is.

**Craig:** Absolutely.

**John:** She is a multibillion and whatever. But I think any time that you’re being paid a lot of money as an individual —

**Craig:** Yes.

**John:** That’s when you want to be paid as a loan-out.

**Craig:** And particularly when you are essentially an individual actor not performance actor but an individual person doing something. So, you know, it’s the difference between now becoming an employee of a company temporarily as opposed to a corporation that’s being contracted and providing a service to somebody. It’s just a better thing. By the way, a little bit of advice for those of you out there who are successful enough to incorporate and have your loan-out company. Don’t name it something stupid.

**John:** Because that name will stick with you for the rest of your life.

**Craig:** And it’s super hard to change it. So —

**John:** Yeah.

**Craig:** When I started out, I was working at Disney. And when I had to set up my loan-out, I remember that my business card from Disney, it said The Walt Disney Company. I thought, “Oh, if it’s good enough for Walt Disney, it’s probably good enough for me. I think The Craig Mazin Company is probably, that sounds like a good name.”

**John:** Yeah.

**Craig:** Did you pick something silly?

**John:** I picked something good, it’s Quote-Unquote Films Inc.

**Craig:** Oh yeah, that’s totally fine, it’s respectable.

**John:** But unfortunately, it doesn’t actually make sense with things that aren’t films, so —

**Craig:** True.

**John:** You know, the new company name will be something different that it makes more sense for that. And if you want a good advice on picking a good name, I would go to the recent South Park episode, I think it’s Go Fund Yourself where they actually picked names for their startup venture. And it’s fantastic.

**Craig:** Those guys are the best.

**John:** So our second topic is the Perfect Reader. So this is the third installment of our Perfect series. We have no idea how many installments there’ll be. Craig, how many installments will there be? Thousands?

**Craig:** Thousands, yeah.

**John:** So we previously talked about the perfect studio executive. We talked about the perfect agent. Today, we want to talk about the perfect reader. And by reader, we really kind of mean two different things. We mean a reader who is a professional gatekeeper, somebody who is the difference between your script moving on some place and not moving on some place.

We’re also talking about the sort of casual reader which is the friend or acquaintance or compatriot who you’ve given your scripts to and that person is reading your script and they’re both looking at your script and judging it and hopefully giving you some feedback on your script. But there are very different goals behind it.

So we just want to talk about what it’s like to be a great reader.

**Craig:** Well, why don’t we start with the friend version?

**John:** Sure.

**Craig:** And then we’ll get to the professional version. So I do this all the time. Just in the last month, I’ve read a script by Scott Silver. I read stuff by Koppelman and Levien. And the first thing that I think that the perfect reader has to do is make sure they understand what the person giving them wants.

**John:** Exactly.

**Craig:** And you don’t always get it right, you know. Sometimes you get it wrong. But it’s important for me to know, okay, has anyone read this before? Are you looking for a wide open what do you think? Or is this something that is already set up and you’re having questions about A, B, or C?

Is this targeted? Do you want to know what I think about what I would call like inside the scenes or do you want to think about the total thing? And you try and get a sense of that so that you don’t, so that you don’t go too far or just bore them with stuff that’s irrelevant or that they can’t do anything about.

**John:** I sent a script to a friend and her first response back was, “Do you want me to tell you that it’s really good or do you want notes?” And it was such an honest response. And I sort of split the difference saying like mostly I want you tell me that it’s really good. But if there’s anything that sticks out that says like, uh-uh, that part doesn’t work, please let me know. And it was such a wonderfully, upfront way of addressing sort of what I was looking at —

**Craig:** Right.

**John:** For the experience.

**Craig:** That’s the other thing is that sometimes people send you something and that’s what they want. They want validation with some little bon mot of easily done work.

**John:** Yes.

**Craig:** Sometimes people really do want shotgun to the face. In general, when I read things, what I say to people is, look, my default position is what I would want which is shotgun to the face. But if you’re not looking for shotgun to the face, let me know, and I’ll adjust.

And again, you know you don’t — everybody’s different. Like not every reader is right for every writer. You know, so like Scott Silver and I, we have a good, like I really like reading his stuff and I feel like I have a good, and the same thing with Brian and David. And Scott Frank and I read each other’s stuff. And so you find people that you’re like, okay, yeah, this is actually working, this is a good deal.

Then other people maybe you’re like I don’t think I helped them or whatever. But when you’re doing this for somebody else, the most important thing, I think, the perfect reader does is not think how would I rewrite this, which is a mistake I think a lot of writers make. And it’s natural because most of the time when you’re a professional writer and you’re reading someone else’s script it’s because the studio has given it to you and said, “Would you rewrite this please?”

**John:** Yeah.

**Craig:** So your natural instinct is to go, all right, I’m going to read this now and imagine what would I do. That’s not helpful for your friend. What’s helpful for your friend is, I’m just going to read this and then I’m going to say to you here’s where I got confused. Here’s where I wasn’t sure what to think. Here’s where I thought what you wrote didn’t feel good. You know, it’s all about just pure audience style reaction. And then ideally you offer some solutions. They don’t have to be hard and fast solutions or overspecific because you want the writer to feel like they’re going to write their work.

But it’s not enough to say, “You know, this scene felt a little bit too much like that other scene.” It’s better to say, “You know, this scene, when these two people talk like this, these two other people are talking the same way in this other scene. So what if instead they did something like this or this or this, just so I didn’t feel that repetition because I like what’s happening in the scene. I just feel maybe, it felt repetitive to me.” That kind of thing.

**John:** So it’s a different experience when you know the person whose script you’re reading and when the person is a stranger. And so I love reading scripts from friends who are tremendously talented writers. A lot of times I’m reading scripts for things like Sundance, The Sundance Institute. And so I’m reading their scripts and but the first thing I always think about is, “What movie are they trying to make?” And I’ll never sort of — it’s dangerous — you should never ask that question first because that just sets you off on a path of like talking about things rather than talking about the movie itself.

But again, I don’t want to think about, “What movie would I want to make?” I’m saying like, “What movie did they seem to be trying to make on the page?” And when I think in the sense of what movie is it that they’re trying to make, then I can really look at it from perspective of like, “Are these scenes helping them tell the story that they seem to be wanting to tell?”

**Craig:** Right.

**John:** Which scenes best encapsulate this vision of what they have and which scenes stick out because they’re not actually getting to where I think they want to be going. And that way, I can sort of start the conversation with them, saying like, “Here’s what I think is so awesome and amazing. Here’s where I think this movie is. Tell me if I’m wrong, tell me if this is the right thing you’re aiming for. And if so, then let’s talk about how well these things are working and why these things might not be helping support that vision of what you have for your movie.”

In general, if you can talk about your reactions in terms of this future thing, the movie rather than this thing that’s sitting there in front of them that they’ve been slaving over, they’re going to be much more free to extrapolate and expand and move away from decisions they have made because it took them so long to write that moment.

**Craig:** That’s right. And I think what you’re zeroing in on is that when we are reading things for our friends, we have to read them like we’re producing the movie rather than that we’re rewriting the movie, you know. And a good producer is there to say, “I’m going to tell you how I felt not as a writer because I’m not a writer. I’m an audience member. I watched this movie in my head. Here’s what I thought of the movie. Here’s where I thought it worked, here’s where I thought it didn’t work. Here’s what I think, like you said, the movie is or wants to be. Here’s something that I loved and wish there was more of.”

It’s just an honest expression of your reaction. And it is not at all clouded by anything other than a pure audience member rooting for the movie as opposed to, “Oh, I don’t like this sort of thing,” or, “I don’t write like that,” or “Why would you? Your character, you know, is always like the way you do action.” No one needs that, you know. And particularly when it’s a fellow professional, one of the nice things about reading scripts from fellow professionals is that I never worry that there’s a subtext of, “I’m evaluating you as a writer.” Because I’m not. We’re all good writers, we all are professionals. I’m just evaluating the movie.

**John:** So let’s talk about the other kind of writer, the other kind of reader, I should say. This is the kind of reader who is working for a production company, for a studio, for a producer, a director. Is reading through a bunch of material and has to render a decision about like, “This is a script that I think is worth this next person reading or I think we can pass on this right now.” And I used to have this job. I think you used to do some reading as well.

One of my first jobs in Hollywood was as a reader at TriStar. And so I would have to read — I was reading 14 scripts a week and writing up coverage on them. And that’s a very different kind of reading because while you’re still flipping the pages and sort of taking notes and looking at what’s working and what’s not working, ultimately your audience is not the writer who wrote that script, but it’s some other decision maker. And so what your job is is to encapsulate, well, this is what is actually here and this is what’s working about what’s here. This is what’s not working about what’s here.

And there’s a third thing which I think is also really important which is a thing you don’t do when you’re talking to an individual writer is you’re saying, “Here’s the good writing and here’s the bad writing. Here’s strengths I see in this writer and here are the weaknesses I see in this writer.” It’s a very different experience because you’re not trying to think about being supportive, you’re just trying to be kind of blunt.

**Craig:** Right.

**John:** And honest about sort of an assessment of what this is in front of you.

**Craig:** And these people not only read, I mean we’re all familiar with the notion of new writers who are sending their work in and it’s getting coverage somewhere, and they’re hoping that it gets passed to somebody, and that’s true. But frankly, for you and for me, this also occurs where studios, internally, have work that they’ve commissioned to be covered by their own readers. They want that as well.

So we all live in the world of these people. And by and large, I think they do a good job. I’ve read some, lots of coverage, some of my works, some of other people’s work. And what I think is the best kind of gatekeeper reader is not so concerned with jamming the movie into a box. They’re not a production executive, they’re not trying to figure out what would be good in our slate or would this make a lot of money or any business concerns. They just concern themselves with the script and with the craft of the script and whether or not the script is true to itself and is well written. So they avoid some of that stuff.

I find that the good ones tend to leave out what feel like personal axes. If you don’t like violence, if you think that violence is distasteful, don’t cover bloody R-rated action movie scripts. They’re not for you and that’s just not an appropriate, you know, reason to ding a script. So you leave out your personal ax grinding.

I remember Todd Phillips showed me coverage that was done of a script that he and Scot Armstrong wrote many years ago and it was really, I really like the script and so did the reader. But then the reader — there was one joke. It was a 9-11 joke and it was, I think it was — the script was covered like on 9-12. And the reader was just outraged and wrote an entire paragraph about how this joke was the worst thing ever. And I just thought that’s a bad reader because that’s not relevant.

The joke will be cut — if it doesn’t work, guess what, it gets cut. We don’t even shoot it at all. That’s not why you’re there, to argue about a line in the movie, you know. So that’s less than ideal. But, you know.

**John:** Yeah. So quite earlier in my career, when I think I first had an agent, I was working at a production company and I had readers who worked for me. And so there was a slow week and there really wasn’t quite enough to cover. So I’ve slipped this reader, who I thought was a really good reader, my own script under a different cover page. Just to see like, oh, let’s see what he thinks about this. And he slammed it. He just really ripped it to shreds. And it was so fascinating. Both to see what he wrote, but also to sort of internally look at my own reaction and sort of like how I was gauging my own work that other people really liked because this one reader has sort of slammed on it and it sort of gets to the nature of all criticism. But I will tell you that that never actually kind of stops.

And there’s one project that I have that is dormant at a studio. And I’m pretty sure one of the reasons why it’s dormant is because someone snuck out the coverage, the internal coverage at the studio. And it’s really negative coverage on this project that they paid me a lot of money to write.

And it’s just so fascinating that after, you know, being employed to write this thing and having people like it and, you know, getting directors on board, this one piece of coverage apparently does, I’ve heard from other people, continues to hurt it.

**Craig:** When you say snuck out, you mean put it online?

**John:** No, no, no. Like somebody at — I think my agency or someone else’s agent said like, “You know, the coverage there is really bad.”

**Craig:** Oh, yeah. And this can, this is a real problem because you would think, “Well, look, all of these people are paid a lot of money to decide what movies to make. They’re the president of a studio or the senior vice president or whatever.” And then there’s a guy that they pay, I don’t know what readers got paid, but not a million dollars a year. And this person takes a dump on the script and they all go, “Well, it got bad coverage.” And that becomes kind of the path of least resistance to sort of yield to that.

**John:** Yeah. I think it has been a bit of a momentum killer on this particular project. Now is that insurmountable? Hardly. We can totally get past that and getting one director or one piece of talent on it will completely change everything. If Cowboy Ninja Viking gets bad covered someplace and then it gets, you know, Chris Pratt attached, well who cares about that coverage.

**Craig:** Right.

**John:** But it is a piece of momentum, you know, early on in the process.

**Craig:** It’s true. And frankly, you know, I was — happily Cowboy Ninja Viking got very good internal coverage. If it hadn’t, the problem is there’s just suddenly less of an impetus to get the script out to agents, and managers, and big actors because internally they kind of lose a little bit of their love for it and that’s a weird thing. But it’s a true thing, and I have to say that those people, we don’t know them. They’re very powerful.

There’s one reader at Universal, in particular. I don’t know him, I don’t even know his name. I just know the legend of him that he’s kind of their guy. And he’s a very powerful person. And, you know, in a way I’m glad he’s there because he’s like that silent, unseen person that is in the back of my head when I’m writing. I’m just thinking, you know, you can’t really get away with stuff because one day that guy is going to read it. And that guy isn’t thinking about marketing. He’s not thinking about the schedule or, “Oh, we need a movie that fits into this particular box because we don’t have anything like that.”

He’s just going to read the script and say is this good or bad and I like that. Actually, if you’re writing a script that’s off the beaten path a little bit, then that reader actually could be your best friend which, let me just say is another thing that I think the perfect gatekeeper reader does. They don’t shy away from different or ambitious. They kind of like it.

**John:** Well, I’m going to disagree with you on a bit of this because I worry about mythologizing this terrifying reader as the person who is going to stop you from being able to make your movie. I know I just said that it was a momentum killer on this one project. But I don’t want to sort of ascribe too much power or fear among this one person because if your studio executive loves the project and it gets bad coverage, yeah, you’re going to be fine. So it’s not the one sole gatekeeper. It’s the person who’s writing their opinion down and therefore it matters.

I will say as the person who was reading at TriStar, so you know, I looked through my coverage when I left and I had just covered like 110 scripts. And I had given two really enthusiastic recommends on two things. And in both cases I was called to the matt for having wasted people’s time.

**Craig:** Ooh.

**John:** With these enthusiastic recommends. And that was incredibly frustrating. One of them was a really good Billie Holiday biopic and they were just like, “Well, who would want to see a Billie Holiday biopic?” And I was like, “You know what, I bet you can make a really good one now and I bet it could be really kind of great.” But I got called to the matt for wasting people’s time.

**Craig:** Really? See, to me that’s outrageous. Because I mean, and this is why I — look, I wasn’t a studio reader and I would have been fired immediately because I would have said, “That’s not my job. My job isn’t to tell you who would go see this or why you should make it. My job is —

**John:** Absolutely.

**Craig:** “To tell you is this good or not? How about this, you didn’t waste your time. You’re not going to make a Billie Holiday pic but look how good this writer is. Do you have something else you want to make that this person could write? You know, she’s really good, read her stuff.” That’s just dumb.

**John:** The other one I remember recommending was a script called Full Honeymoon. It was by a writing team. And it wasn’t perfect but it was a very good solid romantic comedy. And you could sort of see where it was going but it was a very good version of that. And the ability to say like this is a really good version of this kind of movie. So, while you may not make this movie, these are writers you should probably consider hiring for other stuff. And I remember being called to the floor for that too. So I have tremendous sympathy for readers as well.

**Craig:** Yeah, I do, too.

**John:** And many screenwriters are going to be readers along the way. And my recommendation is reading is really a great way to learn about scripts and learn about sort of what things never work on the page. But you have to get out of being a reader before you just get that hole burned in your brain. Because it’s impossible to read 15 scripts a week and actually write your own.

**Craig:** Oh, yeah. I totally agree. I think that any overconsumption of something is bad for you. Overconsuming movies the way that critics do because they have to is bad for them. It skews their appreciation of movies because they’re not intended to be consumed that way. And the same thing is true for scripts.

If you’re writing, I mean, I know, I don’t know about you. But when I’m writing something, sometimes someone will say, “Hey, do you want to read this script? It’s kind of in a similar vein.” I’ll say, “Absolutely not.” That’s the last thing I want to do is read anything that’s in the same tone because I just know the way I am. It’s going to bother me, it’s going to affect my choices. I want to be able to choose freely and not worry like, “Oh, but they kind of did a thing that was sort of like that. Or I didn’t like the way they did that, maybe I should do something else.” I could see where it would become a little toxic.

**John:** Yeah. And I have a hunch, though, as we do with Perfect series we’re going to come back to the same characteristics for every perfect person. But I think they’re going to come down to honesty, clarity, kindness/forthrightness, the ability to sort of to speak the truth but speak it in a way that understands what the audience for it actually is.

**Craig:** Yeah.

**John:** And as we talked about a studio executive, those are the characteristics to look for. As you look at an agent, those are the same characteristics. And the same is true for a reader, be it a professional reader who is, you know, deciding which movies the bosses should read or it’s a friend reading a script. You want those people to take their jobs seriously and be able to communicate effectively what it is that they’re seeing.

**Craig:** I agree. And I guess I would throw on there another unifying quality to all these perfect professionals is a lack of cynicism. That they approach their tasks with a rooting interest and a desire to see success occur as opposed to the opposite which I think does affect quite a few people.

**John:** I agree. So our last topic for the today is Dan Benjamin who runs the 5by5 podcast network has been doing podcasting really from this whole new area of podcasting. You could trace a lot of the stuff back to him and sort of the shows that he created on his network. And so when we started to do our show, I remember looking for like what equipment should we use. It was one of his blog posts that became the go-to for sort of which microphone should we use, how should we do this. And so this last week he updated his blog posts with some new recommendations and so I want to point to that because it’s really, really good.

So if you’re thinking about doing a podcast, this is probably the first place you should look in terms of hardware and software recommendations. So it’s Dan Benjamin. The URL is podcastmethod.co and it’s just a really terrific expert’s opinion on sort of how stuff should work.

**Craig:** Are we still doing it right?

**John:** We’re doing it right. And so it’s interesting because we are using a lot of the stuff that he is recommending. And so let’s talk about our microphones. So we used to use these accent microphones. So you still use the Audio-Technica 2020?

**Craig:** I don’t. I now use the Apogee —

**John:** Ah-huh.

**Craig:** Something, something.

**John:** All right. And so you are using a condenser microphone. And a condenser microphone classically records voices really well but also records the surrounding environment, which in your case, your office is pretty well padded, so there’s not a lot of —

**Craig:** No.

**John:** Bouncing around happening.

**Craig:** Right, yeah.

**John:** So other than the sirens, it’s all good.

**Craig:** If there were no sirens, it would be perfect.

**John:** And so I used to use the Audio-Technica 2020. I just switched three episodes ago to the Heil PR-40 which is a dynamic microphone. And that is because my office is really bouncy and noisy and so my side of the audio I always felt was a little bit too live and a little too present and echoey. And so after some negotiation and discussion, we switched to this microphone. And I think I’m happier. So I’m going to give you an example of what’s so different about my microphone.

So here, I’m talking into the microphone. And if I move a little bit off to the side, my voice really completely fades away.

**Craig:** That’s right. Whereas if I do that same test, I’m over here, I’m over here, I’m over here, it’s probably the same.

**John:** It’s about the same.

**Craig:** Yeah.

**John:** So that is one of the useful differences. And because I’m working in a busy office, honestly the guys downstairs can have a conversation, you wouldn’t hear it up here. So it’s really useful this dynamic microphone. If I’m directly talking into it, it’s awesome, otherwise you can’t hear me at all.

**Craig:** Well, I’m glad that our setup is still pretty good for what we do. But, you know, it’s not about the setup, man. It’s about the content, bro.

**John:** It’s all about the content. I would much rather hear a poorly recorded podcast that has interesting things being discussed than a terrifically recorded podcast that’s boring.

**Craig:** Right.

**John:** So we are recording this on Skype. So you and I are very rarely in the same room together. So we are on a Skype call. You’re recording your end locally on your own device, I’m recording my end locally on my own device. Just QuickTime, hit record. Recently we started using Call Recorder, so we actually are recording the Skype call as well. So when Matthew Chilelli edits the podcast together, if he needs to, he can grab this Skype recording of the whole thing together and use that if anything goes wrong on one of our sides.

We cut the show, I believe Matthew’s he’s cutting it on Logic these days, but we still end up going back to GarageBand because GarageBand let’s it put in chapter markers. And I want to step up for chapter markers for a second because so many podcasts don’t do it. I think they’re so useful.

So in our podcast, in most podcast players, you can hit the jump forward button, it’ll jump to the next topic. And so Stuart puts in those little chapter marks, so if you really don’t care about loan-out companies, you can skip over that whole segment.

**Craig:** But who doesn’t care about loan-out companies?

**John:** Everyone should care.

**Craig:** You know what we should do? On the chapter marks for this, under loan-out companies it should just say sex tips.

**John:** That’s nice.

**Craig:** Yeah. Everyone will check that out.

**John:** So GarageBand is also where you put in all your metadata, so information about the show itself. And that’s what shows up when you are in your podcast app and you want to see what the episode is about, it’s all there.

**Craig:** You know who loves sex tips?

**John:** Who?

**Craig:** Sexy Craig.

**John:** I walked right into that.

**Craig:** Hey, dude, how was your Thanksgiving, man? Did you stuff that turkey? Did you stuff it?

**John:** So it’s time for One Cool Things.

**Craig:** [laughs]

**John:** My One Cool Thing is A Girl Walks Home Alone at Night. It is a great Iranian vampire western. Did I say Iranian?

**Craig:** You said Iranian and I thought maybe you meant Randian like Ayn Rand had written a vampire Western.

**John:** No. Iranian, Iranian, both of those would be better choices than what I just said.

**Craig:** Iranian. Yeah, Iranian.

**John:** Iranian vampire western. It’s by Ana Lily Amirpour. It’s just great. It is black and white. I saw it at Sundance. It is terrific. It is, you know, set in Iran. It is a vampire movie. It is a western. It is sort of period, it’s black and white. It’s just terrific. And so I highly recommend people go to see it. It’s in five theaters in the Los Angeles area, including the Sunset 5. And so if you have a chance to see it in a real theater, I would definitely go and see it in a real theater. If not, come see it when it comes out on video. It’s just great.

She’s really talented. And I don’t think all the details about her next movie are released yet. I am fascinated to see what she’s able to do with it because it’s really ambitious and could be really, really cool.

**Craig:** All right.

**John:** But this movie that she made is a great example of picking things that, you know, you can do and letting your limitations be empowering. And so she didn’t shoot this film in Iran, but she was able to find places in Southern California that looked like Iran. And by shooting it in black and white, she can create this really unique and special world that supports, you know, just cool things we’ve never seen in a vampire movie before. So I highly recommend it.

**Craig:** All right. That’s good enough for me. I’m there. I’ll go check that out.

**John:** Cool.

**Craig:** My One Cool Thing is something that you need to file away for next year.

**John:** Right.

**Craig:** It’s a recipe.

**John:** I love it.

**Craig:** I don’t know if I’ve ever cited the best recipe as my One Cool Thing. It should be. The best recipe is the big Omnibus Cookbook put out by Cook’s Illustrated and America’s Test Kitchen where they take lots and lots and lots of recipes of things and they basically do every version they could find, get a hold on and then say to you, “This is the best one and here’s why.” And they’re very scientific about it. They love to talk about molecules and things. It’s great.

However, sometimes the best recipe is not the best recipe because one size does not fit all, you know. However, I did make the best recipe stuffing, specifically the bacon, caramelized onion, sage, and apple stuffing.

**John:** Well, that sounds great.

**Craig:** It was spectacular. Rave reviews from everybody. Best stuffing I’ve ever made. Best stuffing they ever had. If you’re looking for a good stuffing, and I’m not a stuff inside the turkey guy. I don’t do that.

**John:** No, no.

**Craig:** Yeah, that’s just —

**John:** Dangerous.

**Craig:** It’s dangerous, it’s going to dry your turkey out because your turkey takes too long to cook, blah, blah, blah. Anyway, the point is it’s not easy to make, it’s annoying to make, it’s spectacular. It’s really, really good. That is the stuffing recipe.

**John:** And Cook’s Illustrated could probably point out the reason why it’s so successful is you’ve combined, you know, smoky, salty, sweet —

**Craig:** Yeah.

**John:** Carby.

**Craig:** Yeah.

**John:** Because it is stuffing.

**Craig:** Yeah.

**John:** Whatever you quality you want to say sage has, it’s —

**Craig:** Savory. You’ve got the tartness of the apples, a little sour from the apple because you’re using Granny Smith’s. It really does hit every part of your tongue. And texturally, it’s super crunchy because you start with a baguette that you slice up and leave out overnight. Then you chop that up into cubes and leave that out overnight and then it burns really super hard, which is great because then as it cooks, it sucks up some of the liquid so it’s still crunchy but soft. It’s just perfect.

**John:** So I have two stuffing related bits of follow-up. First off, Ike Barinholtz who is a talented writer and actor on The Mindy Project, he Instagrammed today, “Oh, this is my breakfast.” And so he basically took leftover stuffing and then cracked an egg on top of it and baked it with some cheese on top. Is that not a genius idea?

**Craig:** I mean, generally the day after Thanksgiving is when you’re trying to unclog your arteries, but yeah. [laughs] That sounds awesome.

**John:** And so my only stuffing modification this year, because I had a very classic, you know, celery, onions stuffing — cranberries. And just, you know, we had fresh cranberries. And so I microwaved them a bit so they softened up, added some sugar so they weren’t incredibly tart, and mixed those into stuffing. Delicious.

**Craig:** Well, spectacular.

**John:** Spectacular.

**Craig:** Yeah.

**John:** Our show is produced by Stuart Friedel.

**Craig:** Yeah.

**John:** And edited by Matthew Chilelli.

**Craig:** Oh, yeah.

**John:** If you would like to know more about the things we talked about on the show, join us at johnaugust.com/scriptnotes. There you’ll find show notes for this episode and all of our other previous episodes. You’ll also find transcripts for our previous episodes. We’re one of the few shows that does transcripts, so please look those up if you’re curious.

If you would like to find us on iTunes, just search for Scriptnotes. You can also search iTunes to find the Scriptnotes app for your iOS device or also on the Android Store and the Amazon Android Store. And that’s where you can find episodes of our premium show. Premium subscription is $1.99 a month.

**Craig:** That’s it.

**John:** $1.99. A bargain.

**Craig:** So easy.

**John:** Let’s you get to all the back episodes and bonus episodes that we put up as well. If you would like to come to our live show on December 11th, go wgfoundation.org and join us for that. If you would like to reach Craig Mazin, find him on Twitter. He’s @clmazin. I’m @johnaugust. Longer questions, go to ask@johnaugust.com.

And our outro this week is provided by Betty Spinks.

**Craig:** Yeah, Betty.

**John:** Thank you for running that in. Yay, Betty. I think Betty Spinks is a pseudonym for somebody but —

**Craig:** Okay, all right.

**John:** Thank you, Betty Spinks. If you have an outro for our show, something that uses the [hums theme] in a clever way, please write it and please send us a link to that so we will know to find it and use it as the outro to our show. And that is our episode this week. Craig, thank you for a fun podcast.

**Craig:** Thank you, John.

**John:** All right, talk to soon.

**Craig:** Bye.

Links:

* [Mary’s Heritage Turkeys](http://www.marysturkeys.com/)
* [Get your tickets now](https://www.wgfoundation.org/screenwriting-events/scriptnotes-holiday-show/) for the Scriptnotes Holiday Show
* [American Contestant with Bob Odenkirk](http://www.funnyordie.com/videos/da114dc7e4/american-contestant-delicia)
* [Dan Benjamin’s podcast guide](http://podcastmethod.co/), and [Marco Arment’s](http://www.marco.org/2014/11/29/easy-listening)
* [A Girl Walks Home Alone at Night](http://www.analilyamirpour.com/#!untitled/c13ay) by Ana Lily Amirpour
* [Bread Stuffing with Bacon, Apples, Sage, and Caramelized Onions](http://heatherhomemade.com/2011/11/bread-stuffing-bacon-apples-sage-caramelized-onions/) from [The New Best Recipe](http://www.amazon.com/dp/0936184744/?tag=johnaugustcom-20)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Scriptnotes listener Betty Spinks ([send us yours!](http://johnaugust.com/2014/outros-needed))

2014 Austin Three Page Challenge

JUST THREE THINGS
 by Dorian Palumbo

FADE IN:

EXT. MARINA – PORTREE, SCOTLAND – SUMMER MORNING

GAVIN FINDLAY, late 40’s, rolls out of his berth on his sailboat, rubs his eyes and stretches. He’s a big man – it would be a poor idea to annoy him too badly – attractive in that rough-around-the edges kind of way. He grabs a pair of trousers and starts to put them on.

Gavin steps partway up onto the deck, checking the weather, turning his head this way and that. After a moment, he starts up onto the deck, but before he can completely emerge a woman’s hand grabs him around the ankle and tugs him slightly backward.

Annoyed, he turns back and speaks down into the hold.

GAVIN

Josie, a man needs a breath of air every once in a while.

He tries to lift his foot gently. She won’t let go. He leans down into the hold.

GAVIN (CONT’D)

Don’t you have a boyfriend to go home to or something?

He listens.

GAVIN (CONT’D)

Ah, fer God’s sake.

He goes back down into the hold.

INT. LAUNDRY FACILITY

Inside the laundrette, Gavin is folding his clean clothes as MICK POLK, 60’s, perches nearby on a table, chatting.

MICK

Wasn’t that Josie Kidd I saw slinking off your boat this morning there, Gavin?

GAVIN

Come on, Mick. Real men don’t gossip, now, do they?

MICK

Sure they do. Come on. Take pity on a dirty old married man. Give us the story.

Gavin thinks for a moment and smiles.

GAVIN

She kept asking me to slap her.

Mick hoots.

MICK

She what?

GAVIN

They’ve all read this fifty grey whatsit book now, and they want you to paddle ’em hard with your hands and that.

He playacts slapping a woman hard on the arse, followed by a falsetto squeaking/moaning noise.

MICK

Liar.

GAVIN

I’m serious. It’s like an epidemic. “Pinch me hard, spank me” – it’s fucking ridiculous.

MICK

Oh, Christ. You spank a woman with those mitts and you’ll send her over the side.

GAVIN

That’s what I told her, but she insisted.

Gavin grins. Mick smacks Gavin with the back of his hand for emphasis.

MICK

Fuck, I wish I was you.

GAVIN

Nah, you don’t. Your Lucy’s a good girl.

MICK

Thirty years soon. Eighteen on the boat. Not much slapping involved, but we do all right. Will we see you later then.

GAVIN

Maybe not. Might take her out for a run up. Feeling a bit stuck down, you know?

MICK

See you in a few days maybe? Weeks?

GAVIN

Maybe.

Gavin finishes putting his clean laundry into the duffel bag he has waiting and zips it.

INT. COFFEE SHOP – DAY

Gavin approaches the counter where SUE, 50’s, is waiting for him.

SUE

What can I get for you, Gavin?

GAVIN

Bagel. Cream cheese. And, ah, do the capuccino with the chocolate bits on top of it, will you Sue?

SUE

Anything, love.

Gavin spies a young girl, JADE, 15, sitting in the corner using a pay-per-use computer terminal. She’s got the top of her hoodie pulled over her head, as if that could lend her a bit of privacy.

Gavin turns back to Sue.

GAVIN

I like your hair like that.

SUE

Aye, do you? Davide likes it long. Longer the better. He was gutted when I hacked it all off.

GAVIN

Well, it’s very-

Jade sniffles, and her back spasms slightly. She’s trying not to cry too loudly, as she wipes her nose with her fingers. Then wipes her fingers on her jeans.

SLAVERY BY ANOTHER NAME
 by Jeanne Veillette Bowerman & Douglas A. Blackmon

EXT. ALABAMA COTTON FIELD (1865)

SLAVES pluck cotton as SLAVE OWNER hovers with a SHOT GUN.

WHITE BOY (9) grabs BLACK GIRL’s hand (6) and dashes between plants, LAUGHING, until a BOOM sounds off in the distance.

Everyone stops working and fixates on SMOKE billowing from a neighbor’s.

BLACK UNION SOLDIERS swarm the plantation.

BLACK UNION SOLDIER #1

War be over!

BLACK UNION SOLDIER #2

Y’all be free!

Slaves’ confusion morphs into CHEERS. They drop their bags and race after the celebrating soldiers. Tufts of loose cotton swirl in the air.

Slave Owner steps from the field with White Boy and Black Girl behind.

SLAVE OWNER

Get back here!

Several slaves LAUGH as they run for freedom -- more tufts dancing on thermals.

White Boy and Black Girl GIGGLE and dart in circles around Slave Owner, chasing floating cotton. Slave Owner snatches his son’s arm, slaps him, and knocks him to the ground, lip bleeding.

White Boy’s eyes well with tears as Black Girl steps back.

SLAVE OWNER

Who ya think’s gonna pick cotton now, Boy?

FADE TO BLACK

SUPER: “FORTY YEARS AFTER THE CIVIL WAR, RURAL ALABAMA 1903”

EXT. ALABAMA DIRT ROAD – DAY

Sprawling fields bulging with bolls of cotton adorn both sides of the road. A WHITE FARMER with his two young SONS inspect their crop.

A ROAR of an engine in the distance.

Sons dash out, anticipating what’s heading toward them.

Dust billows as the ROAR grows louder -- the cloud expands until a MOTORCYCLE with sidecar EMERGES.

A dust-covered MOTORCYCLE RIDER, wearing a suit and goggles, respectfully gives them a nod as he races by, STARTLING them.

EXT. JON DAVIS SHACK

JON DAVIS (40s), a fit black man, wearing tattered overalls, steps out drying his hands on a rag. What he lacks in education, he more than makes up for with common sense.

DAVIS

Get on in for breakfast.

ALICE (8), arms mimicking an airplane, GIGGLES as she “flies.”

Davis smiles and pats her head as she zooms past.

CHICKEN COOP LEAN-TO

ALBERT (11) cranks a primitive, homemade, table-top COTTON GIN. He tosses in COTTON BOLLS. Clean cotton spits out.

ALBERT

Look Papa, it works!

He throws in more cotton. The wheel jams. He picks up a small METAL FILE with his greasy hands and tinkers with it.

DAVIS

Work on ones people pay us to fix. You can fiddle with your contraption later.

ALBERT

Got Mista Goodman’s fixed already.

DAVIS

Breakfast.

Albert sighs and stacks the cotton gin near other broken equipment and jogs to the shack.

INT. JON DAVIS SHACK – BEDROOM

A hanger with an UNFINISHED MAN’S SHIRT dangles on a dresser. Long-abandoned YARN, FABRIC, and KNITTING NEEDLES litter the room.

Time stands still.

Davis’ sick and frail wife, NORA, lies in bed next to an incomplete NEEDLEPOINT of a green pasture and small shack.

Sitting next to her mother, Alice gobbles her breakfast.

ALICE

...an they say those Wright brothers gonna fly like birds!

DAVIS

We’ll see, Baby Girl.

Albert enters, sloshes a RUSTY PAN of WATER on the NIGHTSTAND.

Davis dips the cloth and places it on Nora’s forehead.

ALBERT

Ain’t this hot up North, Mama.

DAVIS

(to Nora)

When you better, we get on a big ol’ train and visit your sister.

ALICE

Or a flying machine!

Nora smiles.

ALBERT

It’s an aeroplane, Dummy.

DAVIS

My lil’ dreamer.

Davis draws close to Nora lifting his daughter onto his lap, holding her as if his life depends on it.

Nora can barely lift her arm as she reaches for his hand.

Alice grabs the needlepoint, pulls the needle.

ALICE

Mama, I be stitchin’ like you.

She pricks her finger.

ALICE

Ow!

DAVIS

Best let Mama finish it.

Davis kisses her finger, slides her off his lap. He grazes his lips over Nora’s forehead, her nose, then her mouth. She opens her eyes to see his warm smile as he rises.

DAVIS

(to Albert)

Gonna deliver the eggs and git Mama’s medicine. You be da man till I gets back.

THIRD SHIFT
 by Amanda Idoko

ACT ONE

EXT. NYC – LOWER MANHATTAN. NIGHT.

TIME STAMP: 11:30 PM. A YOUNG WOMAN in a tight dress races through the city as it shuts down for the night. She runs past: businesses pulling down grates, restaurants locking up, the last of the suits hailing cabs home. Under this we hear –

DANA (V.O.)

Working the third shift is hard. You’re starting your day as the rest of the world is getting ready for bed.

We push in on a towering skyscraper.

INT. HELBROOK & ASSOCIATES. CONFERENCE ROOM. CONTINUOUS.

The voice belongs to DANA HARVEY – 40s, by the books HR rep in a sharp suit. She’s great at her job during the day. But right now she is fighting to stay awake as she talks to a group of uninterested employees.

DANA

So believe me when I say that everyone at this firm appreciates the efforts that the overnight support staff puts into...

Dana falls asleep. Nobody is fazed by this, except CRAIG HOOK- 40s, third shift supervisor, takes his position of power very seriously. Craig reaches out to touch Dana, but stops, unsure whether or not he should wake his superior. Awkward...

TOMMY – late 20s, gay, chill, Adam Pally type – takes a picture of sleeping Dana. LINDSAY – late 20s, competitive with a desperate edge – notices Tommy taking a picture and fluffs her hair.

LINDSAY

Do you think Dana’s prettier than me?

TOMMY

Yes.

LINDSAY

It’s because she gets more sunlight.

TOMMY

Day people look the same as night people. You’re just not that hot.

Lindsay shoots Tommy a dirty look. Dana snaps awake, crazed and disoriented. She remembers where she is and powers on.

DANA

Some attorneys have expressed concerns that things are not as professional and efficient on this shift as they are during the first and second shifts.

CRAIG

Ms. Harvey, I assure you that my staff is nothing but professional.

The door flies open and JADE – mid 20s, our woman from the opening, charming and she knows it – bursts into the room.

JADE

There everyone is! Didn’t realize there was a meeting. Just been at my desk, working away since 11 o’clock, when my shift started... I brought candy!

Several people rush toward Jade for candy. Dana gives Craig a look – you were saying. He forces a smile and addresses his employees with cheer.

CRAIG

Hey gang, Ms. Harvey’s been so nice as to visit us from HR. Let’s show her how professional we are on the third shift!

As soon as Craig steps in front of Dana, he drops the smile and angrily mouths threats to his staff as they settle down.

TOMMY

(to Jade)

I think you’ve upset the Craigtator.

JADE

Nah, that’s just his face.

TOMMY

How was opening night?

JADE

17 people in the audience.

TOMMY

Alright, double digits!

JADE

Well 12 of them were German tourists who kept asking “Is this Broadway?” and then left when they realized it wasn’t. Wow, he’s still going.

Tommy turns and sees Craig, still silently mouthing threats.

DANA

Is there a problem?

CRAIG

Round of applause for Dana Harvey.

DANA

Not necessary. As I was saying, what was I saying, how do you do this, I shouldn’t be awake right now... We hired a wellness counselor to help mitigate the stresses of working overnight and increase work efficiency. Albert Goldstein.

ALBERT GOLDSTEIN – 20s, never grew out of his awkward stage – fumbles through his notes. Lindsay turns to Jade and Tommy.

LINDSAY

I knew it! That’s Jerry Goldstein’s son.

JADE

How do you know that?

TOMMY

Why do you know that?

LINDSAY

I don’t know, maybe because Jerry Goldstein’s the most powerful director slash producer in the city and I’ve seen like all of his family pictures.

TOMMY

Aaaw, Lindsay’s a stalker. Shocker.

LINDSAY

Funny. We’ll see who’s laughing when my new bestie Albert introduces me to his dad who casts me in all of his shows.

ALBERT

Thanks Ms. Harvey. Um, there are many negative side effects to working the graveyard shift, such as heart disease, diabetes, obesity –

LINDSAY

OBESITY!

DANA

Skip the negative effects and get to how you’ll help them! Please.

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