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Scriptnotes, Episode 423: Minimum Viable Movie, Transcript

November 4, 2019 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2019/minimum-viable-movie).

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

**Craig Mazin:** Hi y’all my name is Craig Mazin.

**John:** And this is Episode 423 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Often on this podcast we ask How Would That Be a Movie, but today we’re going to ask an even more fundamental question: Is that a movie? We’ll try to lay out the minimal requirements for a motion picture, which you may want to consider as you set out to write.

We’ll also be answering some listener questions and, of course, following up on assistant pay.

**Craig:** Oh yes.

**John:** But first, Craig, you are headed to Austin for the Austin Film Festival. Can you talk us through your schedule?

**Craig:** Sure. What an exciting schedule it is. It’s jam-packed with stuff. [laughs] It’s really not. It’s one of the lightest schedules I’ve ever had and I’m incredibly appreciative for it. Friday morning is my first thing and I guess it’s probably the most substantive thing I’m going to do. It’s called On Writing Chernobyl: A Conversation with Craig Mazin. I don’t know who I’m talking to. It just says me. What is that?

**John:** It could be a conversation with yourself?

**Craig:** It will not be.

**John:** I think you should do the Frune voice and just be interviewing yourself.

**Craig:** Well that’s not a bad idea actually. I can totally do that. What’s the story?

So, that’s going to happen with someone talking to me, I guess. And then that night at 10pm roughly, depending on just how tipsy we are I’m going to take the stage in the big Driskill ballroom with a bunch of other fantastic guests – really, really good ones. You’re going to want to show up, as always, for a free-wheeling live episode of Scriptnotes. So always fun when we do it there. It’s very raucous. We’ll take lots of questions. Do lots of answers. Tell stories. Laugh. Enjoy life. And record it all for posterity.

**John:** Excellent.

**Craig:** Yeah. And then I’m going to be introducing Dan Weiss and David Benioff at an awards luncheon where they’re getting an award. So I’m putting together the world’s snarkiest speech as we speak. And also on Saturday night I will be one of the judges judging the finals of the Pitch Competition which is in a big bar and it’s–

**John:** I went to that last year and it was really fun. It was sometimes hard to hear people as they were pitching, but the vibe was really great. So, I really enjoyed it last time.

**Craig:** It’s a good vibe and as always I’m relied upon to be, you know, Johnny Tough Love, I guess.

**John:** Mm-hmm. So I’m looking forward to hearing what happens. I will not be at Austin Film Festival this year at all, so I will only know when I hear the audio for the assembled episode, so enjoy. People are going to be there live and in person seeing stuff and it could be so raucous and so un-broadcastable that only by being there in person will you really get the full experience.

**Craig:** I think it will be broadcastable. It may not be an episode you like. [laughs]

**John:** But that’s fine.

**Craig:** It will be broadcastable. It will be sound waves.

**John:** There will be sound waves that can be transmitted through the Internet.

**Craig:** Yeah.

**John:** Nice. Last week we talked about the WGA and videogame awards. We got a couple emails in. One was a listener who wrote in with a sound file, which I always love when people sort of record themselves. So let’s take a listen to that.

**Anthony Johnston:** Hi John and Craig. Anthony Johnston here. Just wanted to point out something you didn’t mention regarding the Writers Guild dropping the videogame award. The reason some years only saw a minimal amount of entries is because only games written by people who were either full guild members or had joined the Game Writers Caucus, which John mentioned, were eligible. The problem with the caucus is that the only thing your yearly sub gets you is the ability to be considered for that award. Well, and a copy of the magazine. But, you know, come on.

But it doesn’t even count in any way towards full guild membership as I found out a couple of years ago when I wrote my first screenplay for Hollywood. I understand why the guild doesn’t want to give out awards to non-members, of course, and that’s their prerogative. But it’s not like game writing is covered by a different guild. And this all speaks to those concerns you had about them simply not reaching out to games writers in a meaningful way.

I’m on the Games Committee of the British Writers Guild and our annual award is given to the best written game, regardless of whether the authors are guild members or not because from our perspective the award is about advancing and promoting the field, not the guild per se.

Anyway, I’ve ranted about the lack of unionization in games many times before and I won’t get into it again, but suffice to say this latest action by the WGA certainly isn’t helping. Thanks for listening. See you later.

**John:** To start with I want to stipulate that I would like him to narrate a bunch of nature documentaries because he has a fantastic voice.

**Craig:** Yep.

**John:** And I want to hear him talking about geese and other things and small woodland creatures having fun.

**Craig:** But the geese doesn’t see the predator nearby. Sneaking up on her and her loved ones. Something like that?

**John:** Fantastic.

**Craig:** Do we even need him anymore? Or can I do it?

**John:** He’s actually better than you.

**Craig:** Yeah, I know.

**John:** And that’s a high bar.

**Craig:** I know.

**John:** So let’s get into the substance of what he’s actually talking about which is that this videogame writers caucus is a thing you have to join in order to be considered for an award, but you get essentially no benefits other than being eligible for an award, which feels like a fundamental flaw in that system. But I do want to point out that the British system is different also because it’s not truly a union. The British Screenwriters Guild is not a union in the same way that we are a union. They’re not representing employees. They are a bunch of people who work in the same industry but they are not a labor organization. So they’re not quite similarly situated.

Craig, what did you take from his discussion of this topic?

**Craig:** Well, what he’s shining a light on is that the entire decision to award videogame writers was a scheme to try and see if we could advance the organization of videogame writers into the Writers Guild. So what the Writers Guild did was they created this caucus category. A caucus category in the Writers Guild essentially means, meh, you’re not actually a member of the Writers Guild. But we’ll waive some magic fairy dust on you. You give us some money. And you become eligible for things like these awards. But over time what happens is the videogame companies realize that there’s actually like he says no actual significant benefit or upside to being in this caucus. It doesn’t apply to your membership in the guild for other things because you’re not doing anything that’s covered under a Writers Guild contract generally speaking.

So, the entire point of it just sort of collapsed pretty quickly. But my feeling is if you’re going to give awards to videogames in an attempt to say, “Listen, one day we’d love to have you in our fold. Could we unionize your shop?” Do it.

There’s no need to – I agree with him. Don’t pin it all on some meaningless Writers Guild caucus membership because then the awards don’t mean much anyway. And in fact what it seems like has happened is they’ve said not enough people are paying us the caucus money so nobody gets an award. I think we should acknowledge that we don’t represent videogame writers, but we have given the award so let’s continue to give the award and start talking to the employers. That’s kind of the point, right? That’s the job.

**John:** Yeah. Organizing any new sector is incredibly difficult, so trying to go out and actually organize these folks is a difficult thing on a very long term basis. And so a concerted effort by the WGA over many years, maybe you could make some progress. But it is going to be difficult because videogame industry is not – while the work is actually very similar to sort of what we’ve been doing, it’s not concentrated in the town the same way. It’s diffuse. There’s a lot of challenges to doing it.

So, a person could also argue whether the WGA is the best organization to being going after trying to organize videogame work. I don’t know. But it was good to hear his perspective from somebody outside of our videogame industry.

**Craig:** Yeah. I mean, look, when it comes to any kind of writing employment I tend to think that the Writers Guild is the best union option available to anyone that writes, because well we do the best job of defending the writer’s right to credits, defending the writer’s right to residuals, I think we have the best guaranteed minimum salaries. So I’m always interested in that. I do think that you’re right. It’s a hard thing to organize any shop. If the guild spends ten years trying to organize a videogame shop and it fails, or five years and it fails, at that point for the guild to say, “Listen, guys, we’re not going to do the Writers Guild videogame awards anymore because none of your employers are willing to talk to us and you guys aren’t signing cards, so it’s enough.” At that point I don’t really think the videogame writers would have much of a leg to stand on when it comes to complaining. But they haven’t tried that. As far as I know they haven’t done any of that work. They’ve just handed out awards and then one day they were like, “Meh, you’re not giving us our caucus money anymore.”

It’s not a great look. I’ve got to say. I’m just going to continue my theme on this. I don’t think it was a great look. I don’t think it was handled well. And, you know, I think they should reconsider. I really do.

**John:** Let’s end this topic on some happy news. The folks who work at the LA Times have a new union. So that’s a thing that happened this past week. So the LA Times employees are now under a union, which is great news.

**Craig:** Who covers them? Is there like a newscaster–?

**John:** I think it’s its own special new union. I have no sort of great insight to it, but it’s a thing that happened just as we were starting to record. So that’s exciting.

**Craig:** That is exciting. And just to be clear when I said that our union is the best at representing writers what I mean is representing writers – those writers who do work for screens as opposed to just print.

**John:** Yep. Exactly. All right. Let us get back to the topic of assistants, which has been a big thing this past week, past couple weeks. And so much has changed since the last episode we recorded. After we recorded the hashtag #PayUpHollywood came out. There were a lot of new anecdotes that were being shared along with that hashtag. LA Times, Variety, Hollywood Reporter all ran stories on the issue. I know I had a lot of private conversations, I suspect you have had them as well.

**Craig:** Sure.

**John:** With writers, executives, other folks who are thinking about this as an issue. We’ve gotten a ton more emails in, including some emails that reference friends of ours who are not doing right by their assistants. So, that’s interesting and awkward.

**Craig:** Oh? OK. I haven’t seen those.

**John:** All right. So we’ll forward some of those onto you.

**Craig:** Do I want to see those? [laughs]

**John:** I think you do want to see those. I think it’s good for us to see all of these things. But this week has also got me thinking back to my own time as an assistant. I did a blog post about it. And so I was describing how one of my first jobs in Hollywood was as an assistant. It was just after film school. I was working for two very busy producers. I did all the classic assistant things: answering phones, reading scripts, making copies. No one makes copies anymore.

And I said in that blog post that I thought I was making $550 a week. I ended up editing it back out and putting a footnote there saying I’m not sure it was $550. I couldn’t actually find any pay stubs or tax records. But I was able to make enough money to pay rent. I was able to buy groceries. I could see all the movies I wanted to see. And I could write on nights and weekends. It was enough. It wasn’t glamorous, but it was enough. And that was my two years in assistant-dom and then I was able to transition out of that.

And Craig you had a similar experience as an assistant right out of college, right?

**Craig:** I did. I didn’t quite have the leg up you had, because you were coming out of the Stark program. So it makes sense that your first gig probably would be a little bit better pay than mine. I didn’t know anybody and I wasn’t coming out of film school. So my first job in Hollywood, my salary was $20,000 a year. And so I did a little math using just a standard inflation calculator. $20,000 in 1992 is the equivalent of $36,600 today. OK, well as it turns out that’s not far off from what a lot of assistants are making when you just look at kind of a $12.50 or $15 an hour rate, and a typical 50-hour week or even more. It’s sort of settling in around there.

So, what’s the difference? Well, first of all, I don’t want to pretend that I was living high on the hog. I was not. I also had student loans I had to pay off and all the rest. But here’s the huge difference. I shared a two-bedroom apartment with a friend of mine and that two-bedroom apartment was in North Hollywood. And the rent was $700 a month. So my rent was $350 a month in 1992. What is that in today’s dollars? It is $640 a month. No, I think Megana is on the line, right?

**Megana Rao:** Yeah, I’m here!

**Craig:** OK. And Bo is with us, too. So, Bo Shim is my assistant and Megana Rao is not only our producer but also your assistant. So, I’ll ask you Bo, $640 a month would get you what right now?

**Bo Shim:** [laughs] I don’t even know. Like half of a studio?

**Craig:** Half of a single room? So you’re like bunking with someone in a single room?

**Bo:** Like a dorm.

**Craig:** A dorm. I checked. And the rate of rent increase in Los Angeles has far outstripped the rate of inflation. So essentially even though people are being paid similarly to how they were paid when I first started in 1992, their expenses are dramatically greater. And that is why the current situation is not at all tenable.

And I have to tell, John, based on what I’ve looked at here I don’t know if I would have been able to do it. I don’t know if I would have been able to move to Los Angeles and get a job and work as an assistant because I didn’t have any other source of money. There was no money coming from my family. Plus I had loans to pay off. I just don’t think I could have done it.

**John:** Well, we’re lucky to have two assistants on the line who have done this. And so let’s turn this over more to Bo and Megana to talk us through their path into the industry and becoming assistants. And if you guys can tell us how you started as assistants and how you sort of made it work. Can we start with you, Bo? What was your route from college into working with Craig right now?

**Bo:** Right. I graduated from NYU in 2016 and I took a more traditional route of working at an agency, kind of staying put and seeing that as a stepping stone for my next job. And I think that’s a lot of people working there. Not everybody wants to be an agent, but all the jobs out there require one to two years of agency experience. So, I did that for about two years. And when I started it was I believe $12.50 an hour. A non-negotiable rate of $12.50 an hour. And after about two years maybe it was like a dollar raise. And then by the time I left in the last couple months they bumped it up to $15 an hour.

So I know firsthand working in that environment. And I have to say of course I wouldn’t have this job right now if I wasn’t present at that place and working that job, and that’s why most people work there is for the opportunities that you’re exposed to. But that was kind of my path to working for Craig Mazin.

**John:** Now, Megana, you took a different route. So talk us through how you went from college and where you were at before you came to work as an assistant here.

**Megana:** Yeah, so I had a much more untraditional route. I graduated from Harvard in 2014. And then worked in tech. I worked at Google for about four years before I made my way out to LA and started working for you. So, I sort of had a very different introduction to the workforce than Bo in that immediately from day one I felt like I was very fairly compensated and just felt really valued by Google. I felt like they were investing in me and they really wanted me to grow there.

And, yeah, I think last week we sort of talked about that villainous HR person who said lower wages inspire people to get better paying jobs. And coming from working in a place where that’s absolutely the opposite case I do not think that that’s true. I think that being fairly paid made me feel inspired by the work that I could bring to the company.

**John:** So one of the things you’ve had to do over these last two weeks is go through a tremendous amount of mail that came in. I know you’ve also been sharing it with Bo. Can you give us a sense of what you’re seeing and talk us through the issues and sort of where we’re at in this conversation right now as you’re reading more about assistants and assistant pay in Hollywood?

**Megana:** Yes. So we have been getting a ton of emails. So thank you to everyone who has been writing in. I think one of the biggest issues that we probably will not be able to get into today but has been a big theme has been the mental, psychological, emotional abuse that a lot of these assistants are dealing with every day on top of their low wages. And I think that makes sense, because we sort of started this conversation in the wake of hashtag #MeToo and this is just another reckoning with the institutional failures that have gotten us to this place.

And on a more positive note I think people are feeling more validated and seen by the hashtag #PayUpHollywood and the coverage that’s been in the trades and the LA Times. And I think there’s been a sort of unification that’s been really exciting.

I got this one email from Christine that I’d love to share. She says, “I listened to your recent Scriptnotes episode on assistant pay and I teared up in my car because it hit close to home. Being a child of refugees I decided to go the safe route after college and pursue a stable and predictable career that would please my parents. But one that was also creative adjacent to please me. So I went to law school with the hopes of practicing entertainment law. I decided not to go that route after I did legal internship at a movie studio and discovered that the young and hungry attorneys in the legal department were working as glorified administrative assistants for $20,000.

“This was in 2001 and law students were taking out more in student loans per year, $26,000 per year, then the annual before tax salaries of these ‘entertainment lawyers.’ I didn’t know how they paid their rent and their student loan repayments until it finally dawned on me. They were trust fund babies. And that’s when I decided to become a litigator instead.

“18 years later and here I am finally trying to do the thing. It has taken me this long because my family had no money, no connections, and the risk of entering a career where I would have to ask my parents for financial help when they were also struggling was too shameful for me to contemplate. It took me nearly 20 years to gather the resources where I can now carve out free time for myself to write. This year I wrote my first screenplay. I literally couldn’t afford to do it as a career, so now I do it as a passion project.”

So, the reason I wanted to highlight this is because I wanted to bring it back to another reason that we were so compelled to take this on as an issue is that these really high barriers to entry are literally keeping the pipeline from being filled with any sort of diversity in Hollywood. And, Bo, I know you had experience working in the business affairs side, so I don’t know if you want to speak to Christine’s experience at all.

**Bo:** Yeah. I was working in business affairs and so a lot of the assistants there in that department went to law school and were bar’d and it was crazy to me that they were getting paid the same as someone who – I mean, no one really should be getting paid $12.50 an hour, but they were getting paid the same across the board.

**Megana:** Yeah. So I worked on Ad Words which was sort of the biggest, most corporate, and like least sexy part of the company, and I think because of the way that I was paid I was really inspired to do good work and to put my all in the company. And so it’s sort of wild to me in Hollywood where the impact of your work is so tangible in these productions that, you know, I would think that if you’re a creator or a showrunner and you have this vision that you would want to – you would want to have people around you who are doing their best work to help you execute your ideas and that you’re empowering them to be able to do that on their projects and that they’re not worried about how they’re going to pay for their lunch.

**John:** Yeah. So even working on this Ad Words team they were still treating you like you were a valuable person in the company and not just a body in a chair?

**Megana:** And I think something that they say all the time at Google is we don’t just hire you for the job, we hire you for Google. And I think that in the traditional sense of the pipeline for like a writer’s assistant to a staff writer that also holds true. You are hiring assistants so that you can grow them as writers and people who will become creators eventually. And it seems like something there has just been broken recently.

**John:** So, Bo, working at an agency what is the trajectory to rise up through the agency? I always hear about the mailroom and then you’re on a desk and then eventually you become an agent. Was that at all interesting to you? Or were you mostly coming in there just to learn about how the industry worked?

**Bo:** For me it was really just about learning the landscape and the business side of the industry. But if you did want to be an agent the steps are essentially you’re in the mailroom, and then you’re on typically two desks, possibly more, and then you go back down to the mailroom. And then you come back up and you’re on another desk until then you’re promoted.

So, I knew that I didn’t want to be an agent. And a lot of people are there to kind of just get the experience and hopefully use it as a stepping stone for their next job. And that’s what I observed.

I do think like – and not just this job in particular – but it is really helpful for someone to take you under their wing and really vouch for you. And that’s really an important aspect of being able to rise up the ranks. And it’s really hard, especially if you’re maybe not coming from a background where you’re familiar with the industry or you have connections, or you necessarily have the aspects that someone who staffs a producer, who staffs an agent, who staffs a director. I think they try to foster an environment where you felt like you were supported, but it felt more accessible to certain people as opposed to others.

**Craig:** I mean, are we dancing a little bit around the whole white guy thing right now? Because it does seem like – because here’s my concern. I’m going to tie it back to the money issue. Because the money issue makes it so that the most likely to be at these desks are people who have external support of the kind that I didn’t have, and John I don’t think you had either. You’re going to get a higher percentage of people that are white males. Or I suppose white females. But the point is not people of color. Just because we’re just going on statistics, economic statistics in the United States.

So is there a sense of a kind of self-fulfilling prophecy where people take people under their wing. They’re looking for people that, I don’t know, remind them of themselves. I mean, we know how this sort of works with representation. Is there a sense that it’s harder for people of color in these places? They’re getting hit twice. They’re not getting paid enough and the kind of path to rise is even narrower for them than it is for their white coworkers.

**Bo:** Yes. Definitely it’s a factor in being able to enter this arena in the first place. And then I think there’s definitely unconscious or conscious bias when it comes to people looking at assistants and being like, oh, well that person – I don’t know, we talk sports and we jive and naturally there’s a way to bond. And I do think it kind of affects the way that you’re able to have those relationships and have a level of comfort so that you can kind of ask for things. So yeah.

**John:** It sounds like we’re talking about what is an assistant worth. And sort of like the worth of that person. And some of that comes down to the money that you’re paying them. So if you’re paying them a good salary you’re valuing them in a certain way. But valuing them and acknowledging their worth is also how you’re treating them and how you are – whether you’re treating them in ways that have some quality of mentorship that you’re actually going to be able to see them advance through the industry. And it doesn’t sound like these people working at agencies, but also people we’ve talked to who have been working with producers are really getting that experience.

Last week we had someone write in really pleading that if a showrunner is going to hire someone on as an assistant read their stuff ahead of time and be honest with them about whether there’s any chance to be moving up onto the staff, because you don’t want to be spinning your wheels and wasting your time.

Let’s transition to talking about some of the solutions or next steps that folks who’ve written in to us have suggested. Megana, can you get us started with what are people thinking we might want to be looking at in terms of fixing these problems?

**Megana:** Yeah, so you know I think there’s so much momentum and excitement. People are throwing out ideas of strikes and legal action that they can take. And I think an interesting thing that’s come up is having the protection of a union.

So, Marcia wrote in and she said, “Unlike most of the other types of members in IATSE, the overwhelming majority of writers’ room assistant aspire to ultimately do a different type of job – become writers. That is covered by a different union, the WGA. This means that writers’ room assistants like myself are transitory members of the IATSE. We intent to leave IATSE and join the WGA as soon as the opportunity presents itself. As a result, IATSE doesn’t have much reason to look out for the interests of writers’ room assistants since we don’t have much of a future in that union, or at least we hope not.”

And she also points out that IATSE 700 represents the Editors Guild in Hollywood and they have both editors and assistant editors. And she asks if it makes sense for writers’ room assistants who are on their way to becoming writers should also be a part of the WGA in some capacity.

**John:** So what Marcia’s suggesting here does on the surface make sense. You have writers’ room assistants who are very, very close to that screenwriting process. They’re part of the generation of TV shows and they ultimately want to segue into becoming writers so they would be joining the Writers Guild. And it feels really futile to be joining this other union for a time when you don’t really want to be a part of that union.

One of the challenges I think of unionizing assistants overall is that most Hollywood assistants don’t want to be career assistants. So a union makes a lot of sense if that is your chosen profession. But very few of the people who are in those jobs right now do they want to be doing this for 20 years. They’re not looking for a pension as an assistant. They’re looking to move into the next thing. So it’s worth talking about.

I don’t know that it solves the overall problem of assistants who are not in writers’ rooms. Because the WGA wouldn’t be able to cover them. But it’s always worth looking at sort of is there some organized labor way of addressing it.

**Megana:** And I think another big theme that’s been coming in, is that in the idea of taking a sort of legal route to addressing these issues–I mean, what do you do when people in HR and bosses are violating the actual laws in place? And asking people to do illegal things? So, Bo, do you want to read us what Greg wrote in?

**Bo:** Yeah. Greg wrote, “I assisted a showrunner who had two pilots shooting concurrently on location. We worked on one from Monday to Friday and then the other from Wednesday to Sunday. They also shifted the two production hours so they overlapped as little as possible. This meant I was working at least 16 hour days, seven days a week, covering showrunner assistant duties on both shows. To make it worse, they had me script coordinating both shows.

“When the studio production executive saw my time card she came to me saying I couldn’t work this much overtime. I said those were the hours I worked. She told me that they couldn’t approve it. I told her that I expected to be paid for every hour of work and that I was happy to cut back hours going forward. But she would have to talk to my boss, the showrunner, since I don’t control my schedule.

“She tried to tell me that I just couldn’t put down that kind of hours. She was talking around the illegal act of not wanting to say she wanted me to lie on my time card. She even suggested I was lucky that they were taking me on location. I told her that if she prefers she could find three inexperienced locals to do three of the four jobs I was doing. And I could easily work a regular schedule. She went to the showrunner saying I was being insubordinate. I was lucky the showrunner backed me up and even asked me if I wanted to continue working the overtime or hire more people. I made the choice to take the overtime.

“The point here is that the production executive at the studio was bullying me and had I not had the confidence of having done the job for years they would have probably succeeded at stealing from me.”

**Craig:** This is not at all shocking to me because John you and I both know that when these people – people who are pay masters at the studios – are dealing with us they’re also jerks. I mean, partly they’re professional jerks, right? I mean, not all of them are jerks. Don’t get me wrong. But a lot of times they will be really aggressive because the whole crux of their job is pay these people as little as possible. Well, if they’re doing that to us, you can only imagine what they’re doing to somebody like Greg who is apparently being held accountable for his hours while having no authority whatsoever over them. He’s being ordered to work. By the way, no one should be working that much. That’s insane.

**John:** No.

**Craig:** That’s absolutely insane.

**John:** Absolutely insane. The whole sidebar conversation that nobody should be working that many hours.

**Craig:** Correct. And this production executive should have seen that timecard and called the showrunner immediately. But how dare she call this person and say essentially I’m not paying you for this, because I don’t want to. Tough. Talk to the showrunner. Tell them, hey, you can’t do this anymore. And what really lights me on fire is the amount of money that we’re talking about there to cover what is essentially the discrepancy of one timecard between what she wants it to be and what it actually was is not significant to that company. Guaranteed.

**John:** It’s less than one visual effects shot on either of those pilots.

**Craig:** Thank you. So she spent time browbeating this person and chiseling them down for what? For what? I mean, if you don’t want this to be part of your culture then cancel it as part of your culture by going to the showrunners and saying don’t do that. By the way, showrunner, whoever you are, don’t do that anyway. I mean, I’m sorry. You need somebody to go to you and say hey this is a problem before you go, oh yeah, I guess that’s a problem? Do you not understand how the world works? That people can’t work 16 hours a day, seven days a week? Why would you ever put anyone in that position in the first place? It’s wrong. Hire more people. Hire more people. And pay them a fair wage. There you go. There’s a big plan.

**John:** On previous episodes we’ve talked about there have been legal cases that have challenged things, especially on interns. So there was the Black Swan case we talked about. There’s another Viacom case. Where there were unpaid interns who were being asked to do work that should be paid work. There probably is a lawsuit that could be taking situations like Greg’s and especially when they’re actually being instructed to fill out false timecards where you are stealing money from employees. And that is what a lawsuit like that would look like. And if I were a studio or an agency or an employer who was listening to this I would be concerned about that because those things can happen and it probably should happen.

So I’ll be curious whether any of that stuff comes up in this next period of time.

**Craig:** Well, you know, I suppose that’s what happens when you don’t have the wherewithal to be a decent human being and do the right thing in the first place. Now lawyers have to get involved to force you to do the right thing. But I have to look at these situations and say to myself the people that need to be talked to are the people that are employing. So the showrunners who employ these folks, the agents that employ these folks, the studio executives that employ them, the HR people. All of them. This has to come from the absolute top. Somebody at the top who sets the tone for everything has to sit them all down and say, “I’m sorry. I’m not going to be the head of a company that does this to human beings. I’m just not. I don’t care.”

And look I understand. Sometimes we’re going to have employees that aren’t good. Sometimes you’re going to have employees that steal, or break stuff, or are incompetent and will need to be fired. I understand. I get it. I’m not, I don’t know, I’m not a hippie. I’m just saying if you’re going to hire people you can’t work them 16 hours a day, seven days a week. You have to pay them a fair wage so that they can live there. And you don’t want a situation where the only people that can work for you are people whose moms and dads can send them checks. It’s outrageous.

**John:** All right. Well let’s assign some homework for some of our listeners. So, this is sort of a challenge to the showrunners, writers, executives, or agents who are listening. This would be a great week to take some time to figure out how much your assistants are actually being paid and how that translates to take home pay. It’s a great week to ask are these assistants paying for health insurance out of their own pocket. How are they covering health insurance? How are they getting to work? Literally what are some of their expenses in terms of showing up there and in showing up there how do they have to be dressed. Are you being realistic about the expenses it takes to be doing the job that you’re having them do? And what are your company’s rules about overtime? How are you avoiding Greg situations where people are working these insane numbers of hours?

So, my challenge to everyone who is listening who is an employer, please do take some time this week to really figure out what you are actually doing. Because I don’t want to mistake ignorance for malice. I don’t want to sort of ascribe some evil intent when it’s really just people who aren’t paying attention to how much they’re paying and how expensive it is to live in Los Angeles.

**Craig:** And I would also just advise anyone who feels themselves falling into the trap of saying, “Well, that’s what I got paid when I came in.” Just please understand if it was longer than 10 years ago, they’re getting paid less effectively because expenses have outpaced inflation. Your argument is not valid.

**John:** Anyone who says, “It’s always been that way,” is ignoring two things. First off, it’s always been that way doesn’t mean it was ever right. Second, it’s always been that way ignores how much more expensive it is to live in 2019 than whenever they’re comparing it back to. So, stop with it’s always been that way. It doesn’t mean it was right. It’s always been that way for there was sexual harassment and other things that were always happening that way. It was never right then and it had to stop. So, enough of that argument.

I’m curious, a couple things that have come up that I’ve seen on Twitter. People talk about like some folks are sharing their information along with their name, but I think a lot more people are scared to come forward and sort of put their name to things because fears of reprisals. Fears of it being held against them. Megana, have you seen people who have been writing in express that sentiment?

**Megana:** Definitely. And a lot of people who have been writing in, you know, are very scared that we’re going to use their information because a lot of them have signed NDAs and have experienced really vindictive employers who have jeopardized their career in certain ways. And also terrorized them while they were working for them. But you know people have been suggesting a town hall or some sort of way to express what they’re feeling in a public way and to be around other assistants and actually like feel that people are listening to them. But I think it’s just a difficult situation because these are the people in Hollywood who have the least power.

**Craig:** Mm-hmm. I would say that honestly an assistant’s name is actually far less important than the employer’s name. So, you know, if you want to keep your anonymity I fully support that. 100%. Look, your business is your business, right? Now obviously we’re trying to address something here. I’ve got to be honest. I’m not sure our general problem is that we’re short on evidence. In other words, ICM knows exactly what they pay their assistants. And now we know exactly what they pay their assistants. There’s no problem with that. Finding places and people and saying, “Look, I worked for this person. This person whose name is this pays their assistants this.” That’s valuable.

And it’s not like they can really get away with claiming that it’s a bunch of crap because people have pay stubs, right? So eventually you can show a paystub. But I don’t actually think that it’s super important for people to hang their name out there because I get it and I think the bigger piece of information is who is paying not enough.

**John:** I think this would be a great week for an employer to step up and say, “We’ve read through, we’ve looked at stuff, and we are now as a blanket policy raising the minimum we’re paying to anyone including our assistants to this figure.” And if it is a livable figure I think you get a lot of good publicity out of it. And especially if you really are backing it up with some program or some system that is encouraging upward mobility and not just sort of grinding people.

**Craig:** That’s who we change this. And I am all for assistants getting together and talking and sharing because you need to feel heard and you need to feel seen. And when you are in a jam situation a lot of times you start to feel like maybe it’s only you, or maybe you’re crazy, or maybe you’re just a whiner. And it’s really good to be able to share that stuff with other people and get perspective. But if we want to change this business what we need is someone powerful who runs a big company who listens to this and says, “I would like to be the first hero and do this.” And I hope we do get somebody. I mean, step forward, look at your numbers, and do it.

Please do it. And you know you can do it, by the way. Absolutely affordable. You know, I mean, it’s easy enough to look at some of these companies and say, all right, CEO shave 3% off your yearly income and it’s handled.

**John:** Yeah. Megana and Bo, thank you so much for coming on the show but also for all the work you’ve done this week sort of organizing and figuring out this massive information coming our way. So thank you both very much.

**Megana:** Thank you both for letting us on.

**Bo:** Thank you.

**Craig:** All right, now back to work, both of you. [laughs]

**John:** [laughs]

**Craig:** And also I’m not paying for the amount of time that you were on this. This doesn’t go on your timecard.

**Bo:** But I did puzzles today.

**Craig:** Nope. [laughs]

**John:** All right, let’s segue to our main topic for today. I’m calling this segment Minimum Viable Movie because it was two weeks ago I went into a class at USC. Howard Rodman teaches a screenwriting class. And once a year if I can I go in and talk with his students. And they have their movies broken out in index cards. And they lay out their cards and they talk through their movie. And it’s a really useful exercise, I think both for them but also for me talking through what do I actually think is a movie and how movies work when they’re just broken down on cards.

And in some cases these were clearly very talented writers who had interesting things to say, but I challenged them on is that actually a movie. There was one writer who I said you’re entering an interesting story place, but what you’re describing sounds like a musical without songs. That so much of what she was aiming to do was going to be unspoken. There was no way to actually get to what was interesting about what was happening inside those character’s heads. So in a musical you could expose those things. In a movie I didn’t see how she was planning to do it and she couldn’t articulate how she was planning to do it.

So, I thought you and I might take a few minutes to talk through what you actually need to have in order to have something that is a movie idea versus a something else idea.

**Craig:** Well, I understand that when you are young and maybe you’re in a program like that one over there at USC that you might have a tendency away from what we would call conventional narrative and conventional movie. And you may be thinking of more independent fare of the sort that occasionally is dubbed mumblecore. And there are movies that are seemingly unrestrained by narrative demands. And those are cool. It’s just that, you know, if that’s what you’re aiming for go and do it, but you’re probably not actually – you don’t really need to spend all that money at USC at that point. I really do believe. Do you know what I mean?

There are great lessons to be had.

**John:** I actually wanted to draw a big enough circle to include the mumblecore movies which are genuinely movies, but some things are – there’s things that people try to write that aren’t even that. And they may even write a full screenplay, but you read the screenplay and you’re like, yeah, but that’s not actually a movie. Because you and I have both had that experience where we read a script that’s not very good, but we can say like, oh, but that’s definitely a movie. I see why that’s a movie.

**Craig:** Sure.

**John:** Or other things that are actually well written, but like it’s good writing but it’s not a movie. And so I want to try to distinguish those two things. So, my first question would be is there a story. Is there a beginning, a middle, and an end?

**Craig:** Boy, this must have been some class over there. [laughs]

**John:** Well, here’s what it is. I’m not pushing for any one specific narrative theory or a thing that has to happen. It’s much less dogmatic than even sort of your Scriptnotes lesson when you talked through how to write a movie. But is it actually a story or are you just describing a situation? Because there are short stories that are really kind of just it’s a portrait. It’s a steady, still state of a thing. But there’s not forward movement. So that forward motion is a crucial aspect I think of a story that wants to be a movie.

**Craig:** Agreed. And I think probably it’s an essential building block of these things that the end be relevant to the beginning. In other words, you can have a beginning, you can have a middle, but if you end somewhere that has really nothing to do with the beginning it’s not actually an end. It’s just where the movie stopped. And that doesn’t count.

**John:** Nope. Is this a story that wants to be told on a screen? And by that I don’t mean it has to be on a giant screen. It doesn’t have to be projected. I’m not talking to classic feature film. But ask yourself is this idea really better as a book, a graphic novel, a stage play, a videogame, a VR experience. And that’s a question I ask myself when I had the idea that ultimately became Arlo Finch. I had all this stuff but I was like it’s not really a movie. And then I realized, oh, it’s actually a middle grade book series. That’s what it really wanted to be. But if I had tried to force it into movie shape at the start it really wouldn’t have worked.

And so I think it’s always worth asking is a movie the best way to explore this narrative, bunch of things that are interesting to you. Or is there a better way to do it? If it doesn’t have to be a movie, then it probably isn’t a movie.

**Craig:** Especially when you are contemplating a story that is very internal. If something really is living primarily in someone’s mind it’s probably a book.

**John:** Yeah. Books are great at that. And in Arlo Finch in the books I can go into Arlo’s head and really see what he’s thinking. And that is going to be very challenging to do in any screen adaptation. So ask yourself how externalized are character’s thoughts and motivations and ambitions. If they’re really internal then you kind of are writing a musical without songs and that’s going to be really challenging to do.

I’d ask is the story you’re trying to tell familiar to the point of being cliché. And so it’s absolutely fine to write within a genre. We’ve talked about how much we love rom-coms. But if you’re just stringing together the genre’s tropes then that’s not really a movie. There’s probably not a compelling reason to make that movie or a compelling reason to watch that movie. You have to really challenge yourself like given all the choices of things I could watch would you actually choose to watch that movie. And that should be a requirement before you’re going to spend months of your life writing this script.

**Craig:** I agree. I also think that if you are contemplating a story that is executed primarily through really big conversations you may be in trouble. I see this all the time. I think people sometimes have very meaningful conversations in their life and they think that’s a movie. It’s not. Generally speaking the stories of movies are pushed forward not by conversation but by events. Choices. Things that crash into people. Whatever it is. There are conversations and some of them are amazing. But movies that are just trying to mirror some conversation you had in your life will generally never be as interesting to other people as they are to you.

They kind of aren’t movies.

**John:** I would challenge you to look at the central characters in your story and are they compelling? Are they genuinely people you want to watch for two hours? And importantly does the action of the story happen because of things they do, or does the story happen to them? If it’s happening to them it’s unlikely to sort of really work as a movie because they’re just a cork sort of bobbing down the river as it goes down. They should be driving the action to some meaningful degree. And in driving the action classically you want to see them change.

I’m willing to go with characters who don’t change. I want to draw a really big circle around the kinds of things that can be OK to write as movies, but you have to have some characters. If you don’t have characters that are compelling to watch that make you want to stay with them for two hours – antiheroes, heroes, whatever. We’re not asking for likeable. Just compelling. Then you probably don’t have a movie.

**Craig:** I agree. And I think sometimes what happens with newer writers is they are in love with a kind of story. Maybe they come up with a great idea. But what they do is replicate their experience of enjoying movies. They create characters that are watching the movie that they’re in.

**John:** Yes.

**Craig:** And that is no bueno. We’re watching the movie. That means the character is the movie. The character can’t be watching it along with us. That’s just dreadful.

**John:** Nope. The last challenge I’d put for people is do you as the author have something interesting to say about this topic or this narrative space that you’re describing. Because if it’s just going to be another manifestation of this thing then sort of why. What is it you are bringing to this that is different than other people are bringing to this? What is it that really makes this movie a unique expression of this kind of story? If you don’t have that then it’s probably not the thing you should be writing next.

**Craig:** Yeah. I completely agree.

**John:** Cool. So with those caveats, again, I don’t want to make this sound like we’re against small movies or mumblecore or intimate ones or things that don’t fit a very classic Hollywood architecture. I’m all for experimental whatever. But in the experimental things that you’re trying to do is there are real reason why this thing should exist? Maybe it’s like some sort of video installation piece that doesn’t have to have plot or story or anything moving forward. That’s great. That’s terrific. But that’s not a movie you would be writing as a screenplay.

**Craig:** Could be a song. Could be an album. Could be a painting. There’s all sorts of ways to express yourself. Moving images on screen, whether it’s television or feature films, is really specific. It’s a very specific art form that some stories are perfectly suited to and others not at all.

**John:** Yep. All right. We’ve got two questions here to answer. Tom asks, “Have you done anything on developing and defining the concept of a franchise in TV and how that’s evolving? For example, take a classic procedural show like Chicago Fire or NYPD Blue. The traditional franchise of that show is the story of the week, usually with significant stakes. Yet it increasingly feels like the real franchise in TV shows is the interweaving of serialized relationship dramas between the characters. That’s what you keep coming back for week after week. Do you and Craig feel that the story of the week franchise model still drives television?”

**Craig:** Well, it seems like it’s been driving television for the network for quite some time. I mean, Dick Wolf, obviously our friend Derek Haas is the creator/co-creator of Chicago Fire. But that falls under the Dick Wolf empire. And he also has Law & Order and Law & Order: SVU and Law & Order: CVS. And Law & Order: IBB. And so on. And I assume that they do this a lot because it boosts ratings. It’s a good ratings event for network TV.

I mean, I get it. Networks are still pounding out 22 shows a season, you know. I mean, that’s a lot. You’ve got to give people some curve balls in there to keep them excited and keep them coming back. I don’t think this is at all the model for streaming or cable. I mean, generally speaking I don’t know of any streaming or cable property that is kind of a standalone story of the week type of show. They’re almost always serialized to some extent or another. And sometimes they’re even anthologized like American Horror Story.

So, yeah, I think it makes sense. It’s a network thing because networks have way more shows to put out there. And, hey, in return they get way more eyeballs. You got to tip your hat.

**John:** I look at the progression of the hospital show from the old ones which were incredibly straight procedural. Like you could watch them in any order and it would make sense. You have a show like ER which is largely procedural, but there was some ongoing stuff that happened week to week. And so relationships would develop and change. But if you just dropped in on an episode you could follow it completely. Grey’s Anatomy is much more the soap opera model of relationships. Like that is what you’re really focusing on. While there is medicine there, you move forward.

I think it ultimately comes back to what is the expectation of the audience as they start watching that show. Are they expecting to have ongoing relationships with these characters that grow and change that the interplay between them is really meaningful? Or are they looking for just a simple thing happens. Like the classic old Star Trek episodes you can kind of watch them in any order because it is an alien of the week that is really driving the plot of a given episode.

**Craig:** Yeah.

**John:** So it’s about expectation. And I do agree with Craig that what we’re seeing on premium cable and streaming and even increasingly now on network is much more about the relationships between the characters and not the this is the plot that is introduced at the start of the episode that will be resolved by the end of the episode.

**Craig:** Yeah. In fact streamers or at least when you look at Netflix they seem so utterly disinterested in the old model of get to this many episodes so that you can syndicate. That they will routinely cut off shows after three seasons no matter what. Because they’re just like, meh, people are still watching it, they like it, but let’s just stop spending money on it and let’s put something else in. Because the old way, the network way of doing things was, OK, you’re a production company. You’re going to deficit finance a show. It’s going to go on a network, meaning you’re not going to get in the license the network pays you it’s not enough to pay for the cost of making each show. So how does this make sense? Syndication. How do you get to syndication? You need a minimum of 100 episodes. So your show has got to be enough of a hit that it can last all that time.

Well, if you’re a streamer and you’re making your own show and putting it out there and there’s no syndication to have, it just endlessly syndicates on your own platform, cut it off. Actors are asking for too much money? Cut it off. Make a new thing. That’s where we’re going.

**John:** It is. All right, Paul writes, “I know spec scripts for TV shows are a thing. But I just finished a spec feature script for a film franchise that I definitely do not have the rights to. But I think it’s a good script and I wanted to show it to people. Is this the sort of thing that agents or whoever would be willing to look at? Or will they roll their eyes and say, “Ugh, fan fiction,” and toss it?”

So, before we answer Paul’s question, spec is such a weird term because it means a different thing in television than in features. So just as a refresher a spec script in television is a script that I write for an existing TV show. So I wasn’t hired to write it, but basically I could write a spec Chicago Fire. It’s not designed to actually be shot as Chicago Fire, but people can read it as a writing sample. So specs in TV are really writing samples.

A spec in feature is something you’re writing with the intention to sell. So you hear about a spec script selling, that is a feature thing basically.

**Craig:** Yeah. And part of the deal with that is that at least traditionally because the kind of television show you’d write a spec script for does churn out episodes and should theoretically be out next year and the year after that. And you usually write spec scripts for well-established, well liked shows. There’s a chance they could buy it. I mean, they need more episodes. They’re always going to need more episodes. They hire lots of writers. But if you’re talking about a movie, a film franchise, and just side note I hate the fact that we are all using this word “franchise” now. Like some soulless goon came up with this franchise thing to stick on top of art. It makes me nuts.

Franchises are McDonald’s, OK. But whatever, fine. We all lose. So, people have this film franchise and they’re not necessarily looking to you to write a script. They’re not going to make one or two or 12 this year. They’re going to make one every three years and they’re not looking for outside writers to deliver those. There’s just not the demand.

So, right off the bat it’s a little questionable. It is at best a sample for something. You’re never going to get full credit for it unless it’s wildly subversive. In other words, if you write a spec feature in a well-established series like Fast & Furious but it is entirely the opposite of what you would expect, it’s like one quiet evening and it’s drama and there’s no car chases whatsoever and that’s the point is that you’re being clever, maybe that would attract some eyes and people would go, oh, this is a creative individual.

But, yeah, I think mostly you’re just not going to get the credit you should because you’re borrowing other people’s characters. You’re borrowing other people’s scenarios. And you’re bothering other people’s tone. You will probably get quite a few rolled eyes and people saying, “Ugh, fan fiction.”

**John:** So, yes, I agree. You potentially could get some fan fiction knock back. I will say that when people write scripts intending them to be writing samples it is a moment for some wild swings. And so those wild swings are the things that end up on the Black List that ends up getting attention or ends up getting passed around. So if you had a great idea for a mash up of Fast & Furious and the Marvel movies that couldn’t exist in the real world and you chose to write that, you would write that knowing that this is never going to be a thing that actually sells, but some people might really dig it and it might get you some meetings. It might get you an agent. It might get you started.

So it’s not not worth your time. But understand that you’re never going to be able to sell that thing. But you’re also not going to be sued over it. They’re not going to come after you for writing a script like that because you’re not selling it. It’s fine to do that. You’re going to be OK doing that.

And it is a little bit more like what classic TV staffing was like is that I was writing a spec Frasier episode, not because I was even trying to get hired to write on Frasier, but I might want to be hired on Mad About You or some of the other shows that were staffing at the same time. So it’s an example of like can I use other people’s characters and write those voices.

Mindy Kaling on Twitter recently was talking about staffing for her show and she was like why doesn’t anybody write spec scripts anymore. Like I love reading specs of existing shows because I know the voices of those characters and I can see very quickly whether you can actually write the voices of those characters. And to her it was more helpful to see like not that you had a brilliant original voice of your own, but that you could actually write the voice of these other existing shows.

So it goes back and forth. There’s reasons why both things exist. But I would say to Paul if he has the compelling idea and he probably also has some other original things he’s written and he wants to write this thing that he can’t actually sell, maybe.

**Craig:** Yeah. I’m a little concerned that that’s your one thing. If you’ve got three things, and that’s one of them that’s fine. But if your one thing is that I’m concerned that you are doing fan fiction and that you aren’t capable of doing a script without that kind of Hamburger Helper. So I would challenge you, Paul, to do a script without the Hamburger Helper. See how you do.

**John:** Agreed. All right, it’s time for our One Cool Things. I actually have two this week–

**Craig:** Thank god.

**John:** But they’re both music related and it was a good week for music for me. The first is Taylor Swift did a Tiny Desk concert for NPR. It’s the ongoing NPR series where they invite in musicians and they perform a little concert in the NPR offices. What I liked about hers was not so much the performance but her talking between the songs. So there was no interviewer. She was just talking about writing the songs. And she talked about this one song Lover which was the title track on the album just sort of came to her all at once and it was the fantasy of like, oh, she sat down at the piano, the whole thing was there. She didn’t know where it came from. And she was like well that will be the title track. Like it all just works. But sometimes you show up at the piano and it just doesn’t work and that’s when you fall back on your craft to try to figure out how stuff fits together and how to make the thing work.

And it was just nice to hear somebody in a completely field talk about what I often experience. There are those moments where it just all flows so naturally and you don’t even know where it all came from. And other times when it’s a lot of craft and it’s a lot of pushing stuff around and making it work.

So, I’d encourage you to take a look at that. The second thing, Craig, I think you’ll appreciate.

**Craig:** I love this. I read it. I gobbled it up.

**John:** Seth Stevenson at Slate wrote a piece about The Terminator theme. And we’ll play this here so you can hear what we’re talking about. As you listen to it [music plays] it’s striking but a thing I used to do with my daughter in the car is as the radio was playing I’d ask her what count is this song in. And so she’d clap her hands and she’d figure out whether it was four, or three, or six. And very quickly sort of be able to figure out music tends to be three, four, six. Every once in a while you’ll get something really fancy. You’ll get like a take five, which is in five-four.

As you’re listening to this Terminator theme what time signature is this? And so you can try to count in four but it doesn’t work. You can try to count it in six, and it doesn’t work. And so there’s ongoing debate about it. So Seth Stevenson was able to go to the composer to actually talk to him about what happened. And the reason why it’s in such a crazy time signature is because of how it was actually made and sort of the state of looping software back in those times. And basically he couldn’t make the times match up right so it ended up in this impossible time signature that would be very hard for an orchestra to play for example.

So I thought it was just a great example of math and music and movies, so a combination of all the things we love.

**Craig:** They run it through carefully and come up with 13-16. It’s in 13-16. So, really what’s happening is it’s in a weird decimal of a four. I mean, whatever 13 divided by four is. What is that?

**John:** 12 and a fourth. Four, four and a quarter. Basically there’s an extra quarter.

**Craig:** Extra quarter note.

**John:** Yeah.

**Craig:** It’s so weird. It is a bizarre – it’s like so if you were to express four-four time in 16ths then it’s just 16 number 16. Easy. And three-four time is 12 over 16. So, 13 over 16 is almost in three but there’s a little extra bit. It’s like a tiny little extra bit in there. It is bizarre. You would never do it on purpose.

I mean, I love weird time signature stuff. I mean, if you want to look at some crazy time signature stuff Here Comes the Sun has some wacky crap that happens in it just for a few measures here and there. Led Zeppelin pulls out a nine-eight at one point I think for The Ocean. And then we have Solsbury Hill in seven-four, which is always fun. I like the songs in seven. And seven is really just alternating four and three I think. This is where musicians will probably get angry at me, but that’s how I kind of think of it.

**John:** Yeah. So take a look at it. Take a listen to it. I like that Seth Stevenson had a question and actually tracked down the composer to find the answer.

**Craig:** Yeah. Beautiful. Wonderful job. Well, you know what. You had two. That covers me. I feel great.

**John:** Good. That’s our show for this week. Scriptnotes is produced by Megana Rao. Thanks to Megana and to Bo for their help this week.

**Craig:** Indeed.

**John:** It was edited by Matthew Chilelli. Our outro this week is by Tyler Adams. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions or assistant emails.

For short questions on Twitter, Craig is @clmazin. I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts. You can find all the back episodes of the show at Scriptnotes.net. You can also download 50-episode seasons at store.johnaugust.com.

Craig, thanks so much for a jam-packed episode.

**Craig:** Thanks man.

**John:** Cool. Bye.

Links:

* [Austin Film Festival Schedule](https://austinfilmfestival.com/festival-and-conference-aff/2019-full-schedule/)
* Taylor Swift [Tiny Desk Concert on NPR](https://www.npr.org/2019/10/16/770318649/taylor-swift-tiny-desk-concert)
* [What Is the Time Signature of the Ominous Electronic Score of The Terminator?](https://slate.com/culture/2014/02/the-time-signature-of-the-terminator-score-is-a-mystery-for-the-ages.html) by Seth Stevenson
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Tyler Adams ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_423_minimum_viable_movie.mp3)

Scriptnotes, Ep 419: Professionalism

October 30, 2019 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2019/professionalism).

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

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

**John:** And this is Episode 419 of Scriptnotes. Craig, what is Scriptnotes?

**Craig:** Scriptnotes is a podcast about things that are interesting to screenwriters. And screenwriting.

**John:** Everything is mixed up today.

**Craig:** Yeah. I love it. It’s a Backwards Day. I like it.

**John:** This is the grab-baggiest of episodes. We’re going to be talking about everything from Emmys to elections, professionalism, to patronage. Lots of stuff, so let’s get into it.

Craig, this Sunday were the Emmys. I can’t believe this day has finally come. The Emmys were on Sunday. Unfortunately this is Friday that we’re recording this so we have no idea what happened on Sunday.

**Craig:** Right.

**John:** So, I want to propose something.

**Craig:** Sure.

**John:** Let’s record both versions. Let’s record the versions where you had a spectacular Sunday where you won a bunch of awards, and then we’ll record the one where you didn’t.

**Craig:** Got it. We actually should record three. We should record Chernobyl wins an award for something, but I don’t win. I win, Chernobyl wins nothing.

**John:** Great. So let’s do the big sweep where you win and Chernobyl wins. You were there for two awards. You picked up both of those statues. I was so excited to see you up there on stage. I thought your speech was fantastic.

**Craig:** Aw, thank you.

**John:** I was just beaming with pride because listeners like me have been following this whole journey. And you were away from the show for a while and you made this thing. And it was great closure to see you up there on that stage. I’m so happy and proud for you.

**Craig:** Boy, John, it’s weird up there. It’s so surreal.

**John:** Well, I saw you took a beat.

**Craig:** Yes.

**John:** I saw you took a beat and just took it all in.

**Craig:** Yeah. I was thinking of you during that beat. And then, yeah, it’s just so weird. Boy, that room is so big and the lights are really bright in your eyes. And of course you’re worried that you’re not going to have enough time. They’re going to play you off the stage which they did/did not do. And, yeah, a great night. It didn’t matter. Win or lose you’re just happy to be there amongst your peers. [laughs]

**John:** Yeah. You can’t take away the fact that you made something amazing and to be just celebrated up there on the stage for it was just icing on the cake.

**Craig:** Well golly.

**John:** Next version, so you don’t win the writing award but you do win the limited series award. Craig, it’s hard to even call this a mixed outcome because like Best Limited Series, congratulations.

**Craig:** Sure. Thank you. You know what? At this point you try and parse the achievement of making a show into individual awards just doesn’t even make logical sense anymore. So, you just have to go, you know what? We were nominated for lots of stuff and we’re super proud of that. If you win anything that’s amazing, especially in a year like this where we had such incredible competition. Congrats to Ava DuVernay and When They See Us for all the awards that they picked up. I think that’s a pretty good prediction right there.

And but to all of the great shows in our category. I mean, what a year. So, you know who the real winners were John? Television watchers. [laughs]

**John:** Well absolutely. And I think the Best Limited Series acknowledges the fact that this thing would not exist if you had not had the idea – if you had not been surfing Wikipedia and finding this information about the Chernobyl disaster, thinking like this is potentially a show. So that award is your award and it all came from the writing.

**Craig:** Well, listen, that’s the wonderful thing about television is that the writers are in charge, which is probably why television is so much better than movies right now. You know, movies, take note.

**John:** Yes. And I thought you saying that in your awards acceptance speech was absolutely appropriate.

**Craig:** Pretty crazy, right? Like what a weird axe to grind.

**John:** At the Emmy Awards. All right, third option. So Sunday were the Emmys. You got to go and see all the celebration for your show which was nominated.

**Craig:** See other people win.

**John:** So, while I was disappointed not to see you up there on that stage, I love when they do the cutaway shots to the people in the audience as their names are called. And to see you there with Melissa was just great. And I was just really proud to see you there, honored for what you have made.

**Craig:** Well, John, as you know I got into writing so that I could be on television. Actually, you probably noticed, I don’t know if they cutaway beforehand or not, but right when they announced that Ava DuVernay kept winning everything you probably noticed me turn behind me, to the left of me, to the right of me, ahead of me – depending on how it goes – to find Alec Berg and sort of give him a, “Yeah, I get it, now I know what it feels like.” Because, you know, again, poor Alec. 21 nominations. 0 for 21. But side note, that’s a pretty decent prediction. I think, I’m not trying to jinx Alec. I think it’s going to be a tough road to hoe for him. But back to the alternate reality.

Yeah, but you know what? Honestly, we didn’t go in expecting to win anything and we were so proud of our crafts people, our below the line people that won lots of awards the week before. We felt great. And it was an amazing year for television and for limited series. Hats off to Ava. Great job on that series. Wonderful show. So, we’re pleased as punch that the season of awards is over.

**John:** Yes, for sure. But you also had one extra special visit that happened this last week. Apparently you got to meet the President of Ukraine?

**Craig:** I met the President of Ukraine. I visited him. So this is a fascinating thing. There’s a conference in Ukraine, it’s an annual conference called the Yalta European Summit. It used to take place in Yalta, which is in Crimea. It no longer does because Russia has invaded Crimea. So it is in Kiev, Ukraine. And it is attended by all sorts of – you know, John, we run in Hollywood circles, right. So we always feel like, ooh, look at this party. It’s got all of the hoo-ha people.

**John:** Oh, Natalie Portman.

**Craig:** Yeah, ooh, Natalie Portman. Or, ooh, Jim Gianopulos. In this thing the hoo-ha people are like, ooh, look, Steven Pinker, and Fareed Zakaria, and the ambassador from a country to another country. It’s very fancy.

So I went there and Fareed Zakaria interviewed me on stage about Chernobyl. And then I was heading to the airport to come home and the man who runs this whole thing said, “Oh, by the way, the President of Ukraine would like to meet you if you could delay a little bit.” And I said, yeah, I want to meet the President of Ukraine. And so I went to the President of Ukraine’s office, in this very large building that used to be the Party Headquarters back in the Soviet Days. This beautiful building.

I’d never met a president before. I’ve never gotten to say, “Well hello Mr. President.” It was very cool. And here’s the cool thing about President Zelensky. He’s just been elected. And he’s one of us, John. He’s a writer-performer-comedian-entertainer. He comes out of the entertainment business in Ukraine. And it was a great conversation. We talked a lot about film production and how to help bring film production to Ukraine. They really want to get more shows shooting there, which I thought was great. And in no way did I involve myself in any kind of weird whistleblowing scandal.

**John:** Did you make any promises to him that were listened in by intelligence officers? None of that stuff happened?

**Craig:** No. In fact, quite the opposite. At one point during the conversation we were talking about some ideas and things and he said, “You know, just to be clear we’re just talking.” I said, oh no, we’re not making the laws or anything. [laughs] I’m an idiot. You know that, right? I’m stupid.

He was great. He’s a terrific guy. At least that was my impression of him. I can’t necessarily speak to how he – I hope for the sake of Ukraine and the Ukrainian people that he does a great job. He’s got an excellent – currently he’s at like 80% popularity. Do you remember when our president got an 80% popularity?

**John:** That was a different universe.

**Craig:** Yup.

**John:** I do fear that the transcripts as people look back on this episode, you know, five years down the road something could go terribly wrong. But for this moment it was neat that you got to meet the President of Ukraine.

**Craig:** So you’re saying like there will be some crazy war or genocide and then we’ll have the equivalent of me on tape going, “Yeah, so Hitler, he seemed like a great guy. We had a great conversation.” No.

**John:** He’s really a film person. He’s an entertainer.

**Craig:** He’s an artist. He loves to paint. You know, he’s adorable. He’s cute. He’s got a great mustache. No, I’m very hopeful for Ukraine that President Zelensky does a great job. I don’t know anything about politics. At least Ukrainian politics. I know nothing. I’m mostly just optimistic and hopeful for them. But, yeah, that was weird.

**John:** Yeah. It’s also – stepping away from the President of Ukraine, it’s cool you got to travel in the circles of big thinkers who write big books about the future of the world.

**Craig:** Yeah.

**John:** So that’s nice.

**Craig:** I felt highly unqualified. There were some really impressive, very famous historians and thinkers and politicians and people. So, but it did remind me that we actually do have quite an impact on the world around us. It’s like this podcast. You know how we’re always surprised – or maybe you’re not, but I’m always surprised when people say they listen to the podcast, like Chris O’Dowd. I was so surprised that he listens to the podcast. I’m endlessly surprised that anyone listens to it. But they do. And similarly with television you make a show and you put it out there but they might tell you, oh, this many millions of people watched it, but the number doesn’t connect in your mind to reality. And then you realize, oh yeah, these people all watched it and they have feelings about it, you know. And happily for us the overwhelming opinion of folks there in Kiev was very positive towards our show which was huge, wonderful.

**John:** The show where it’s set. So, yes, good to hear.

**Craig:** Yes, very good.

**John:** So the Emmy season is over but also another important season is over. The WGA election season, which was endless.

**Craig:** Aw. Too soon. [laughs]

**John:** Too soon. Oh god, not a moment too soon. I don’t know why, it’s probably there’s a constitutional reason why the voting period has to be so long, but Craig it was too long. It went on forever.

**Craig:** The reason is that the constitution that governs these things was written in the ‘40s I believe, you know, back when people had to vote by mail only and all the information you got came by mail.

**John:** True.

**Craig:** Or meetings that you had to go to. There was no Internet. There was no social media. So what’s happened is let’s say there was X amount of political content to which you would be exposed as a writer. Now there is 1,000 X political content that you are being exposed to as a writer in this election. It’s too long. They should shorten it because the amount of information that we’re bombarded with is insane. And it’s just too much.

**John:** It is too much. But let’s talk about the end result of this before we get into process and–

**Craig:** It was great.

**John:** [laughs] So in the East Beau Willimon was reelected along with some other folks who are supportive of the agency campaign. In the West a total of 5,809 valid ballots were cast which was 58% of eligible votes, which is a nice round number. It’s about 10,000 voters, people who could vote. So that was record turnout in the West. And more than doubles the turnout of the 2018 Board of Directors election. So David Goodman and the incumbents were reelected along with the four newcomers who I endorsed by a lot. So Goodman won 3-to-1. Everybody else was at least 2-to-1. So it was a significant victory for that group of people who are sort of a steady line from where we’ve been.

**Craig:** Yeah. No question. And I think this was essentially a foregone conclusion almost from the start. I mean, I didn’t think it would be otherwise. There’s some interesting things that come out of this. By the way, and one of them is that also just to be clear in case people were wondering, if I had been able to stay in the race I also would have lost. There’s no question. It’s interesting, the most important thing I hope that our membership takes away from this, particularly the people that did vote for the people who won, is that the election was not damaging to our union. That this kind of open discussion and debate did not destroy us. Nor did it topple their preferred candidates to the ground.

There was almost, I want to call it like a paranoia, or a fear that something that they loved very much or cared about very deeply was going to be destroyed by people from within. And that did not happen. Point being you can survive elections, and I’m saying this especially to guild members who never really saw one of these before because unfortunately and anomalously the last three presidential elections have essentially been uncontested, which is not the traditional WGA way. This is the traditional WGA election.

So, good news is we can survive these. They’re very good for us. They’re good to discuss. And the other thing that’s important to note for people like me who are questioning the way the leadership is going about pursuing a conclusion, a potential conclusion, to our agency campaign is that the amount of people that seemed to dissent from the way the leadership is doing this has roughly quadrupled since we took our first vote on it back in whatever it was, March or April. Back then it was 95%, about 400 people said no to that. I was not one of them. I was like you, I said yes.

About ish, averaging around 1,600 people voted against leadership, so something is happening. It’s worth noting. Those people are not in power. The people who are in power are in power. But there is a trend. So I’m hoping that leadership has taken notice of that and will consider it as they now go about, I don’t know, doing what they’re going to do.

**John:** I would say at all of the membership meetings, and I don’t know if you’ve listened to any of the audio from the membership meetings, the current leadership was very up front about the fact recognizing that five months into this dissent has grown. There’s folks who are unhappy with how all of this is being conducted. And sort of worried about the outcome of things. And so I think that was reflected in some of that voting there. But I think a probably more crucial takeaway is that there was this worry I think that in the fatigue and in this thing going on that people would just start tuning out. They would start paying attention and just kind of want to be done or just shut it all out.

And I think the fact that there was record turnout, that Goodman was elected by a huge majority than even he was elected when he was uncontested speaks to a support for a resolution with the current people in place.

**Craig:** You mean he got more votes this time.

**John:** Yes.

**Craig:** I mean, he can’t do better than 100%

**John:** It is hard to do that math. At least in a democratic system, yes.

**Craig:** Correct. The turnout was very encouraging. You want to see writers engaged. And this is my point to everybody that was kind of freaking out. I’m sorry. They kind of were. I was shocked. The worst possible instinct we could have as a union and as a membership polity is to be against free and open elections and campaigns. And I love to see that people were engaged and got engaged and voted. I think this is exactly the way it should go. I’m thrilled. And I hope that the people take some sort of – now that they’ve gone through it maybe they’ll feel a little less insecure about it the next time through.

**John:** The one thing I do want to bring up because this is a thing I’ve seen and grousing on the edges of the Internet is like, “Oh, those folks who voted for it aren’t even really working writers.” And that is not accurate. I mean, in order to be a voting member people should know it’s not that you sell a script and then 20 years later you’re still a voting member. You’re not. You have to sort of keep working in order to maintain your current status. And so for 2018 there were 6,057 who reported earnings. So there are a lot of working writers who are the voting membership of the WGA.

**Craig:** Yeah, you hear this a lot. I mean, yes, technically you can have people – well, there are two kinds of writers who can vote who are not working writers. Your initial membership period is seven years. So, when you become a WGA member you have seven years to vote before you’re going to have to show some additional employment. So, yeah, some people theoretically are on year six of their seven without working. And there’s also quite a few people that are what we call lifetime current members. So you and I would certainly qualify. Once you have – I think it’s 15 years.

**John:** 15 years, yes.

**Craig:** Yeah, of being current active you become lifetime. 15 years is actually not that much. So there are a lot of people who are current lifetime members which means they’re going to vote forever until they die. And, yeah, so sure. But the truth is, OK, we don’t know how they vote. I mean, it’s tempting for some people to say, “Well, some people, they’re not working so it’s easy for them to vote for a strike or to vote to fire your agents.” I guess, but I think a lot of people who aren’t working also feel like, no, it’s important that the guild to not go on strike or not fire their agents. There’s no science to that is my point.

**John:** I would agree.

**Craig:** But I will say if I could, if I could wave a magic wand, I would, I don’t know about this lifetime – I don’t know if people should be voting forever. I actually worry about that. Because we’re getting older longer. Right? And there is a world in which you have more people voting in a union who are lifetime current members than current active members, which would be a disaster. That’s not what you want. So I wonder about that sometimes.

**John:** Yeah. And so this is not a thing that I’ve been spending time thinking about, so I’m just going to wonder aloud. Perhaps a reason why lifetime current members should be able to vote is that the actions of the guild now still have a bearing on their income and sort of their ability to do things. So, the degree to which leadership of the WGA can set broad policies that would affect – I mean, pension is a separate thing. So I’m trying to think the degree to which elected leadership would have a bearing on a person who is essentially no longer employed is interesting. I don’t know.

**Craig:** You’re right. It’s a tricky one. Because most unions do not have this. I mean, most unions it’s like if you’re not working, you’re not working you’re not voting. I’m pretty sure. I don’t think this is a common thing where you get to vote for the rest of your life even though you haven’t worked in 30 years which is the case for some people.

I don’t think when you and I first started in the union I don’t think it was as big of a deal because, well A, people didn’t live quite as long as they do now. And there were fewer people that had been employed up to that point. And also the guild was a little bit more homogenous in its thinking. But as things polarize a little bit, which seems to be the trend everywhere in the world. Thank you social media. And as people live longer I can see a potential issue on the horizon. And I say that as somebody who would be a beneficially of being a lifetime current member. That maybe, you know, maybe after – cap it. Like if you haven’t worked in 10 years maybe no more. Maybe you should stop voting.

It’s a thought. I can see the gray army – the art militia is marching to my house. But, hey, guys, I’m old too.

**John:** This feels like one of those questions where if this was debate team you could argue either side and have really good arguments to list either side. So maybe that’s why it’s an interesting debate question.

The one thing that probably every member can agree on is that there were a lot of emails and sometimes those emails that came from the WGA [unintelligible] which basically candidates and sometimes even non-members can spend some money and send out an email blast to all WGA members. People got frustrated by that. I would say it’s part of the democratic process. I don’t want to limit that. I think structurally I don’t think anything should change. I just recognize that as it got later into the voting season people got more and more annoyed by those. And I think it did not help the people who were sending those emails late in the process.

**Craig:** Well, everybody was sending them so if it didn’t help people it didn’t help people equally. But I agree with you. It’s part of the process. Communicating to the membership is important. What I think would help us is what you suggested right off the top, just shortening the season.

**John:** Yeah.

**Craig:** So, it’s one thing to get bombarded with emails for a month. It’s another thing to get bombarded with emails for three months, or whatever it was. Right? July, August, September. Ish. 2.5 months. So, I saw people complaining about it and I just found it absurd. Like, aw, you poor baby, you had to see an email? Aw, you had to press delete? Aw. You were born in 2002. Yeah, that’s right. I just took a shot at millennials like every other old, cranky dick. I don’t care.

**John:** Craig, do you know who is not going to fix this problem?

**Craig:** Who?

**John:** Me. I’m not on the board anymore.

**Craig:** By the way, we’re both free, right?

**John:** We’re both free.

**Craig:** We’re both free because you’re free-free, and now I can be even more of a jerk than I already was because I don’t have to worry about including you in people I’m yelling at.

**John:** Yeah.

**Craig:** Because I love you.

**John:** Aw, Craig, I love you, too.

**Craig:** I don’t give a shit about the rest of these people, so gloves are off.

**John:** All right. Let’s move on to our next topic. So this past week Jodi Kantor and Megan Twohey, the reporters who originally broke the Harvey Weinstein story for the New York Times back in 2017 released their book She Said. Revealed new information about the secret settlements and non-disclosure agreements that allowed Weinstein and other powerful men to get away with what they were doing.

A lot of the tension this past week was focused on the celebrity feminist mother-daughter team of Gloria Allred and Lisa Bloom. And this was an area of the story that I wasn’t really aware of. And reading it and listening to it I was struck by a couple things. First off, it’s always good to check in and see sort of where we’re at in this post-Weinstein era in terms of how we’re dealing with just terrible men doing terrible things.

But this new wrinkle in it very much felt like a How Would This Be a Movie kind of twist to it because it was such a fascinating lens to be looking at this story through of these women who were known as crusaders for victims’ rights for women who were – in the case of Bloom working for the other side. There’s a letter we can link to which is especially damning in terms of outlining the strategy for how she would protect Weinstein.

**Craig:** I haven’t had a chance to read this but it does strike me that in all likelihood this is our generation’s All the President’s Men. I mean, it feels like this is a great story of two heretofore unknown journalists blowing open a story that changes our culture permanently. And so we have heroes.

**John:** And I would add Ronan Farrow into that, too, in the sense that there’s a whole collection of folks who are trying to do things and other journalists along the way who were frustrated that they weren’t able to get anyone to go on record.

**Craig:** Exactly. And so you have your protagonists in that sense. And there is an achievement at the end that is undeniable. And I think it’s, well, it’s just great to see stories again where people achieve and change the world with their minds and not with their jet-packs and super-serums and laser eyes. Because that’s real. And I’m thrilled that it happened.

I, like you, was not prepared for the arrival of new villains. Right? So you think the villain is Harvey and Les Moonves, et cetera, et cetera. And then you get this letter from Lisa Bloom that is just jaw-dropping.

**John:** So Megana our producer was asking at lunch, you know, to what degree was all of this an open secret. Because I see that term in quotes “open secret” in a lot of the coverage about this. Like, “Oh, Harvey Weinstein’s behavior was an ‘open secret.’” And I was having a hard time answering her because it depends on sort of what you mean what was the secret. I would say that through my Hollywood career I knew that he was an asshole. I knew that he was abusive. And I think I had a sense that there was a casting couch but I’m putting that in air quotes here because how did I think that this was a benign consensual casting couch. As we’re looking for villains, as I’m looking at myself as a villain, I think to have so misframed that in my head is one of the things I’m going to be sort of reckoning with and I think a lot of folks will be reckoning with as we take a look at these powerful men being brought down.

**Craig:** Yeah. I mean, I’m currently writing a book about you as the villain. [laughs] You’re at the center of all of this.

**John:** Yes.

**Craig:** Well, listen, and I can answer Megana’s question as best I can from my perspective, because I worked for the Weinsteins for a number of years. Almost exclusively for Bob which I can assure you was not a delight by any stretch of the imagination. But I had my run-ins with Harvey. I had no idea, none, zero that there was any kind of non-consensual sexual activity going on. The rumors that I heard were that certain female actors had engaged in a quid pro quo with Harvey, where consensually there was an agreement. I will sleep with you and you will put me in this movie. Which is gross. It’s not illegal. It’s unethical. It’s gross. It is a kind of abuse. There’s no question of that. It’s an abuse of power. Not to mention – also forgotten that he’s married to another woman. There’s a billion rules he’s broken but not a law.

So, it seemed scummy but it didn’t seem like a criminal thing that made you want to hurl. That was what I thought the open secret was, and even then I kind of didn’t really believe it. I’ve got to be honest with you. I thought it felt like a rumor mill thing that seemed a bit misogynistic. Like, oh, so and so couldn’t have been an actor unless she slept with Harvey. And the names that were being thrown around I thought, um, no, I think they would have been just fine. They’re good at their jobs. And they’re beautiful. And they check a lot of boxes for what a star should look like in the year say 2003.

So, that’s about as much as I knew. I would imagine other people, well certainly people inside. We know now from this book for instance, from the Kantor and Twohey book that certainly Bob knew. He claims to not know. But he knew.

**John:** Yeah. I think it’s always worth asking what’s happening right now that is analogous that we’re not paying attention to. Like what are the things that five years, ten years down the road we’ll be asking, hey, was that an open secret? How were you letting this go on? I think it’s always worth doing the introspection to look around and see what is happening in the industry right now that will seem shocking down the road.

And I don’t have an answer for that but I think it’s always good to be asking that question.

**Craig:** Oh, yeah. That is a good one.

**John:** That can be a thinker. I don’t know that we’ll have an answer today.

**Craig:** I’ve got to be honest with you. I’m the last person who will come up with the answer to that. I’ve always felt quite sheltered. I don’t know, like self-sheltered from – like I’ve never been to a Hollywood party in 25 years where I’ve seen people doing drugs. Do you know how hard that must be to do? [laughs] You know?

**John:** I’ve never seen anyone do cocaine. I’ve never done cocaine. I’ve never seen anyone do cocaine. And yet I see it in movies all the time.

**Craig:** Right.

**John:** So people are doing it. But I’ve never seen it.

**Craig:** Have you ever seen cocaine?

**John:** I’ve never seen cocaine.

**Craig:** I’ve never seen cocaine either. This is why you and I are perfect for each other. We’re the only two people I think in Hollywood and possibly in the world that have never seen cocaine. I’m not sure it’s even real. [laughs] It may be a thing that they’ve just invented for movies. It’s fake. I’ve never even seen it. So, we’re not – you and I will be the last people to know is my point.

**John:** Yeah. We’re just off playing D&D while everyone else is doing drugs.

**Craig:** Doing the drugs.

**John:** All of the drugs.

**Craig:** All the drugs.

**John:** So that might be an invitation to listeners. If you think that there is a thing that we’re not paying attention to that could be thing ten years from now. Like how the hell were you not paying attention to that? Write in. Tell us that. Because I’ll be curious what you guys think.

**Craig:** Yeah.

**John:** I also need your opinion some bit of housekeeping here. So Scriptnotes has always been and will always be free every week. It has no ads so we don’t make money in sort of the traditional podcast ways.

**Craig:** I don’t make money.

**John:** I know. But we do have expenses. So, mostly salaries. We pay for Megana, our producer. Matthew Chilelli who is our editor. And John who does our transcripts. We also pay for the servers. So there are some costs. To allay those costs we have the premium feed, so that is all the back episodes of Scriptnotes and the transcripts, the Scriptnotes app. More than 3,000 of you out there are premium feed members so thank you very much for doing that. That’s $2 a month.

But there’s some issues. And so right now we’re doing our premium stuff through Libsyn and they’re the hosting company. And they do a good job sort of getting stuff out there, but the app is not great. We’ve had some problems with the app. And Megana has being a lot of work with the Libsyn folks to try to get the app fixed up. We don’t actually make the app. We just brand it.

And if you go on their website it looks like it’s from 1999. And that shouldn’t be a big thing but I don’t have great faith in parts of it. So as I look at other podcasts out there, a lot of them are on Patreon. We’re considering moving over to Patreon. But I would love to hear folks’ opinions on should we make a switch over there. Are they happy enough with sort of what we have?

If we move over to Patreon the Scriptnotes app would eventually stop working. Is that a big deal? So I need listeners to tell us what you think about moving over to a different place.

**Craig:** You know, I think we should. I’m a listener. I’m actually not a listener as you know. I’m just a talker. But I love change. Before you laugh at me, I do like technological change. I do like every now and then taking a look at what you’ve gotten used to technologically and then saying let me do a little bit of research and see if there’s something better out there. Because generally speaking there is.

So, I think we should change. No offense to Libsyn. I say let’s do it. Let’s go and do it.

**John:** All right. So I will say, we’ll get your feedback. If we do make the switch we’ll keep both things running for a while. So it’s not like Libsyn will suddenly get shut off and Patreon will take over. We’ll figure out some way so that if you’re currently burning through your catalog on the app the app will keep working for a while. And if we transition there will be a grace period hopefully moving between the two of them. So, just letting people know that there might be a change in the offing here.

**Craig:** I’m excited. Change is good.

**John:** Cool. All right. So this year at the Austin Film Festival you will be there, but I will not be there because I’m going to be giving a speech that I promised to give. It’s a prestigious speech back at my alma mater. And I want to talk a little bit about what my topic is because it’s a speech that I gave way back in 2006 and I’m giving an updated version of the speech. And it’s on professionalism. And it feels like a good topic for Scriptnotes overall because the original topic for the speech was professional writing in the rise of the amateur. And sort of that weird tension between what it means to be professional and what it means to be an amateur.

In my initial speech I argue that professionalism has five basic characteristics. First is presentation, AKA giving a shit. Accuracy. Consistency. Accountability. And peer standards. And what I was trying to do is distinguish between professionalism from getting paid for it, because we tend to think of pro as being like a pro athlete who gets paid and an amateur athlete who doesn’t get paid. And I was arguing that much more important is how you’re perceiving your own work and how you are – the standards you’re holding yourself to and the standards that others are holding yourself to that determines professional from unprofessional.

**Craig:** Yeah.

**John:** Craig, are those characteristics useful metrics for you for whether someone is acting professionally?

**Craig:** They are. I think there is a – I’m going to add one. And it’s humility. And here’s why I’m adding it. Because we’re in an interesting time right now where a lot of people – in a fantastic way a bunch of fake, bad barriers to entry are being dismantled. And a lot of cruel pointless downward pressures are being eliminated. And I think a number of people are saying, “Listen, one of the things that’s really important to do is not be shy, not be self-deprecating, stand up for yourself, self-promote. Don’t be afraid to talk about what you’ve done well.” All those things are true.

But what I sometimes see is it’s being done – because it’s sometimes an unnatural thing for people to do. So what ends up happening is it’s done in a kind of calculated way and what’s missing therefore is an honest element of humility.

**John:** Yeah.

**Craig:** And I think that professionals should – and typically do have a certain kind of humility that comes with understanding that no matter how good you do, no matter how well you do, no matter how much you’ve learned, no matter how much experience you have there’s somebody who is better than you. And that’s a wonderful thing. It means that there is room to grow.

And it keeps you I think – it keeps your feet on the ground. And it prevents what I would call healthy self-regard and self-promotion from becoming a kind of braggy, almost insecure kind of promotion. So, I think humility is really important. I try and – well, I don’t have to try. I wake up in the morning feeling terrible [laughs], so that’s easy. But I honestly as a professional when I meet another professional who I think is really good who is humble in a kind of honest way without being self-deprecating or self-damaging, it really matters. I notice it and it means a lot. And I love that.

**John:** You and I can both think of some screenwriters who are really good at their job but they are lacking any humility. And —

**Craig:** Oh god.

**John:** And they – you marginalize them because of their lack of humility. And so – and I think it’s great that you’re drawing a distinction between – you can be proud of your work, you can be proud of your presentation, you can really be focused on the hustle that gets you forward, but always having the humility to ask what if I’m wrong. Or, you know, to acknowledge that there’s others out there who are doing great work as well. I think it allows sort of a self-correcting aspect which is really crucial.

**Craig:** Correct. And I will also say that when a writer talks about something they love, let’s say I’m reading a line and there’s a writer, she’s saying, “I read this script by this person. I think it’s amazing and here’s why.” My heart just pops open. Because that to me – that’s when I go, OK, you are – I love what you’re saying and how you’re thinking. I love the fact that you’re talking about someone else. I think it’s amazing when people do that. That to me is where I really actually come to respect the person doing the praising, even more than perhaps the person they’re praising.

It’s when people start banging their own gong kind of without any sense of context or humility that I just go, OK, well you know what would be really cool? If somebody else said this about you. That would be amazing. Right? And so I love saying great things about other writers online that I love and respect and admire. I think it’s a really healthy part of being a professional. Again, I’m not saying you have to stop saying that you’ve done something good. I’m just saying maybe every – just pare it. If you’re going to sort of talk about look what I did, isn’t that awesome, hire me, pay me. These are good things, right? Also, take a look at what that person did. And hire them and pay them, too. That’s a helpful thing.

**John:** Agreed. So I’m going to put a link in the show notes to the existing speech which was back in 2006. But part of why I’m bringing it up here is that I feel like there’s a lot that needs to be updated just in terms of what’s changed in the world and also I think some of my assumptions or my – I was writing for a slightly different world but also I think my views have changed a bit.

So clearly some things have changed. As I wrote this initial essay I was talking about websites. And now of course websites are social media. And so, you know, writing a blog post is a bigger effort than sending off a tweet. And so I think a lot more people are public-facing enterprises in ways that they weren’t back in the day. And so what does professionalism mean in a tweet is a different thing. It’s not just about – it’s not the grammar but it’s looking at how are you engaging with the wider world. Are you being fair to the people that you are calling out? Call out culture in general. The cycle of outrage is something that is very different.

And I see writers piling on in ways that are just not helpful or good or professionalism. And certainly doesn’t show any of those five or now six characteristics that we’re looking for in a professional.

I look at #MeToo and the degree to which I think sometimes professionalism can be used as synonymous with keeping your mouth shut. And that wasn’t good.

**Craig:** Mm-hmm. No.

**John:** That didn’t work out. I look at Donald Trump and breaking all norms and having no shame. Having no humility whatsoever.

**Craig:** Yeah.

**John:** And so I think we have to acknowledge that it’s tougher to argue that the only way to be successful is to be professional when you have the most unprofessional person I can imagine running the country.

**Craig:** Is he? [laughs] Is he running anything?

**John:** I don’t know.

**Craig:** Don’t you just think that they just give that baby a rattle in the morning and then tuck him in at night with a hamburger.

**John:** Yeah. I mean, somehow he got there.

**Craig:** Yeah.

**John:** We can parse all the things that happened but it makes it tough to aspire to the highest standards when you see that the person who got the highest office has none of those standards.

**Craig:** Yeah. This is when it’s the hardest – it’s easy to be a professional when it’s not hard to be a professional. And it’s hard to be a professional when it’s hard to be a professional. And when you’re surrounded by amateurs and when it is amateur hour and when you are tempted to stand up and say, “Does anyone in this room understand how stupid you all are and how under-qualified you all are and how over-authorized you all are?” Those are the moments where it’s really hard to maintain your professionalism. And yet generally speaking when you blow it you blow it. You know?

**John:** Yeah.

**Craig:** You just have to kind of be patient. It’s the worst. And it’s not fair and it’s particularly not fair to people who have historically been excluded to finally arrive and then be told, “Oh, and also now you have to be patient again because for this, and this, and this.” And I understand why people don’t want to be patient. And in some circumstances they shouldn’t. You know, I know I’m old school. I know that. But by and large being professional in the long run will accrue to your benefit. I believe that as an article of faith.

**John:** Yes. I would say that part of being professional is sort of peer standards and I think we have to acknowledge that for a very long time those peer standards were set by, you know, straight white men.

**Craig:** Yes. Yes.

**John:** And so what was professional was their expectation. And so they could use unprofessional as a cudgel against anybody who didn’t match those things. And so we always have to be questioning and challenging what those things are. And so code switching as an example of using different speech with different people that’s a natural thing. And so that we don’t recognize that people who are working for us are going to do that is ridiculous. And we have to sort of broaden our expectations of what is appropriate in different places. And that people’s backgrounds are going to influence how they are presenting themselves and that’s natural.

And that you sort of want people working for you that reflect a wide range of experience because that’s the only way you’re going to be getting all the information that you should be getting in.

**Craig:** Yeah. And to be clear, being professional doesn’t mean that suddenly solomonically you know exactly what the answer to every conflict is. We are now in a space where we are running into conflicts that we weren’t expecting or hadn’t previously defined and we’re not quite sure what to do about them at times. I’m speaking about people that are in authority and have the ability to make decisions or set policy. We’re all learning to some extent together. And negotiating together. And, of course – and this is the big secret – people are individuals. So we can come up with policies and conventional wisdoms but for certain individuals they just don’t agree. I mean, it’s hard, right? You can’t just say, “Well, in general the way we should treat this group of people is blankety-blank.”

90% of those people will say, “Yes, thank you.” And 10% will say, “I hate that.” So now what do you do if some of those 10% are in your room working for you? It’s really – I think we have to give each other a little bit of a break while we figure this out.

**John:** Yeah. And on the topic of figuring stuff out, like a thing that came up recently was Walter Mosley, a great writer, who left the writers’ room of Star Trek Discovery because he used the N-word. Walter Mosley is black. And so is it fair for Walter Mosley to use that word in the room? Is it appropriate for Walter Mosley to use that word in the room? I don’t know. I don’t have an answer for you. But that was an issue. And so that’s a thing we have to figure out.

I see staff writers on Twitter who are asked to promote their show or to live tweet show but are also called out for having their own opinions at times. And that’s a thing we have to figure out. We have influencers whose whole – who make their living–

**Craig:** Blech.

**John:** –seeming like they’re just normal people or whatever, but it’s their authenticity that is selling a brand, but they are the brand. That’s a weird thing. It makes me really uncomfortable.

**Craig:** Yeah. Why don’t we just replace the word influencer with sociopaths? Isn’t that what that is? [laughs]

**John:** I know two influencers who are genuinely great people. But is challenging to know sort of like, OK, are you actually having fun or are you having fun for a brand? And that’s, yes.

**Craig:** You know, the Walter Mosley thing is fascinating. The only details I know were from the story I read, but it seems like there was an African-American writer on staff who complained to HR and then Walter Mosley – I don’t know if he was just immediately terminated. I think they kind of had a discussion with him. And from what I sussed out he said, “Yeah, no, I’m not going to apologize for that.” And then they said, OK, well you’ve got to go.

Whenever I see these things, these stories of this sort I think please remember, Craig, that you weren’t there and you don’t know everything.

**John:** Yep.

**Craig:** I don’t know – do you know how many times you think you understand something and then somebody comes up to you and says, “Oh, let me just tell you what actually happened and the way it happened.” And you go, “Ooohhh.”

**John:** Yeah.

**Craig:** So there are times where I think like, what, they did what? And then you find out everything and you go, oh yeah, I totally get it now. We just don’t know. But oh my god, does that not stop us from yapping our judgments out there into the world. Like we are Galactus ready to eat the planet for the crime of whatever outrage we’re currently simmering over. We just don’t know. And by the way, you and I – one thing we both are sure of is that in general the entertainment journalism industry not great at reporting full facts, context, et cetera.

**John:** Yep. Context is tough. And I would say but at least entertainment press might have a thousand words to dedicate to something. A tweet doesn’t. So a tweet has almost no context. You’re sort of creating context around the outrage storm that’s there. And that ain’t healthy.

**Craig:** No.

**John:** But another thing which is worth noticing is that sometimes what’s professional can feel artificial. It can feel not real or authentic because like, oh, you’re trying too hard. And that’s a weird thing that we’re at now, too. Where just like using full sentences, you know, proper punctuation, things are changing but there’s still an expectation of sort of how things are supposed to be working.

So, just recognizing that I think the core characteristics of professionalism are probably enduring. And I’m going to probably add humility as one of those. But figuring out how those apply to a quickly changing world is the challenge we’re always going to be wrestling with. Which is why I can give this speech in October and then a few years later I’m going to have to update it again because things will have changed.

**Craig:** I think that’s the most important thing. And that is what’s going to keep you from being cranky old man. I mean, look, I was born a cranky old man. But what I’m trying to avoid is a cranky old man set in his ways. As long you are keeping tabs on the way the world changes and you’re listening to people from a wide range of ages and races and orientations and beliefs then you should be able to adapt as the world changes. You will not be young ever again. You will not be current in the way that a 25-year-old is current. Not possible. Nor should it be.

But what you can avoid is being ignorant, stuck in your ways, blinkered, whatever word you want to come up with for somebody that’s just decided I’m checking out. Like, look, I know somewhere along the line I just said I can’t keep up with new music anymore. It’s over. Right? It’s over. That’s fine. No problem. I’m OK to let that go and just live with the 70 years of music that that I know and I feel good about. Fine.

But when it comes to the way our society functions and in particular the way our business functions and the way professional writers function it’s incumbent upon me to listen – and again be humble – and not immediately go, “Wah, these kids,” even though I did take a shot at millennials earlier, because sometimes they are dicks.

**John:** All right. Let’s answer some listener questions. We have two questions here about credits. Craig, you know a ton about credits so maybe we’ll ask you these questions. Tim writes, “On When They See Us I notice that Ava DuVernay has a strange story credit. Can you shed some light on to why she’s on there twice?” And the credit he’s linking to is “Story by Ava DuVernay and Ana DuVernay & Julian Breece.” Craig tell us.

**Craig:** Sure. It does look weird. And here’s how that functions. When you write as a team with somebody you are considered a unique writer for the purposes of credit determination. So Ava DuVernay & Julian Breece. They wrote together as a team. That is considered a writer. Ava DuVernay also clearly worked on this on her own. That’s a different writer. So Ava DuVernay on her own is considered a discrete writer from Ava DuVernay and Julian Breece.

Now, you go into an arbitration if there is – in this case I don’t know if there was an arbitration.

**John:** I suspect it would have to be because she was a producer on the show. She was a production executive on the show.

**Craig:** Yeah, so there was an automatic arbitration. And so what happens is they look at all the material. They don’t see names. What they see is Writer A and Writer B and Writer C and Writer D. In this case let’s just say there was Writer A and Writer B. Writer A was Ava DuVernay. Writer B was Ava DuVernay and Julian Breece. The arbiters look at it and they go, “You know what? Story seems to be Writer A. Deserves Story credit. And so does Writer B. That’s what it is.”

Now, I believe – I could be wrong – I’m pretty sure that as a writer you have the option in this circumstance to collapse the credit down. So you don’t have to have your name twice. In this case, I don’t know if she chose to have her name twice or if she wasn’t aware that was an option. Or, third possibility, I’m just wrong about this. But I don’t thing I am. I think you can collapse your name down and it just would say Ava DuVernay & Julian Breece.

But, the Writers Guild would understand that you actually do have more of a percentage of that credit for the purposes of distributing residuals. Because residuals are based on the credits. So in this case – like in features Story is worth 25% of residuals. So if you are Story by Ava DuVernay and Ava DuVernay & Julian Breece, half of that 25% would go to Ava and half of the other half of 25% would go to Ava, and then the rest would go to Julian Breece.

So you can collapse your credits down to avoid this weird syndrome of double naming. But you would not lose your fair percentage of residuals as a result.

**John:** Yes. So the crucial take away from that is this was probably a result of arbitration and the folks who were assigning those credits they didn’t see names. They just saw Writer A and Writer B. And you wouldn’t think twice about it if it was just Writer A and Writer B. It’s just a weird situation where Writer B is a team that also includes Writer A.

**Craig:** Yeah. I believe – and I believe this collapsing down thing is possible because I think I’ve done it.

**John:** OK. Cool. Nick from Sydney, Australia, who lives in LA, asks, “Can a Created by TV credit be taken away in the same way that a writing credit can in cases where subsequent writers make substantial changes to a screenplay? For example, if I secure a Created by credit on my contract for work on a pilot script and series bible, but then another showrunner takes over the project and makes substantial changes. Can I have the credit taken away? Is there arbitration for such an action?”

Craig, talk us through Created by.

**Craig:** OK, I have an answer. I looked it up. So, a Created by credit comes from an original series and there are two ways you can get – you become eligible for a Created credit. You write a format for the series. I think in that sense what it means is an outline or bible. Or, and/or, you receive Story by or Written by credit on the pilot episode of the series.

Generally if no format has been written, so that would be the equivalent of a treatment in features, then the Created by credit will go to the writers who receive the Story by or Written by credit on the pilot. And that’s how that works. So it is a function of the WGA making a determination. You can’t be guaranteed it. There must be a final determination of credits on the pilot episode of the series.

So, what I would say to Nick from Sydney, Australia is if you wrote the pilot script and the series bible, the series bible in and of itself should guarantee you a Created by credit. Somebody else could add on if they receive a Story by or Written by credit on the pilot, then they too would be eligible for a Created by credit.

**John:** All right. It’s time for our One Cool Things. This is the fall. So it means that I have to have one of my One Cool Things be the Flu Shot.

**Craig:** Yeah.

**John:** A good friend of ours was felled by the flu this past week. So, guys, get the flu shot. It’s basically like the cheapest insurance you can get for like not being sick for a week to ten days. Just get your Flu Shot.

**Craig:** Get it.

**John:** It’s good. It’s helpful.

**Craig:** Get it.

**John:** I can also recommend that if you are using Highland2, the pro upgrade on Highland2, there’s a new item underneath the help menu for the Highland2 Slack Channel. So if you’re a Pro member you can join on Slack where we are discussing features that are coming to Highland and you get an early look at things. So if you are a person who uses Slack or a person who might want to use Slack we have a channel now for those pro users. And you should come join us there and we can talk about the future of Highland because there’s some really cool things coming down the pike.

**Craig:** Fantastic. It is fall. And so I feel like if they could only come up with a pumpkin spice Flu Shot.

**John:** Oh. That would do it. Sell a thousand of them.

**Craig:** Right? [Crosstalk]

**John:** I have last request of listeners. One of the things we’re working on in Highland is support for scripts that are written right to left, so Arabic and Hebrew and some other languages. What we’re really lacking is examples of scripts written in those languages. And so I’ve seen scripts written in most of the Roman languages, like European languages. I’ve not seen scripts in a lot of other languages. And so I know some people use Word or other places. But if you are a listener who is working in screenplays in languages other than English and you feel like sending us a copy, just a PDF so we can take a look at what it looks like, that would be great. So just send it through to ask@johnaugust.com.

We just would love a bigger corpus of scripts from outside the US and Europe to take a look at sort of how we can do a better job working with those languages.

**Craig:** I’ve weighted my whole life to just look at you pouring over a Hebrew text.

**John:** Absolutely. What’s the name of the stick you use as you read the Torah?

**Craig:** You know, that’s a great question. I don’t know. Well, the deal with the stick, traditionally it’s a silver rod with a hand. It’s a little bit like the hand from the hand of the queen or the hand of the king in Game of Thrones. So it’s a pointer in the shape of a hand and finger. And the purpose of that is you’re not supposed to touch the Torah because you’re desecrating it with your stupid human finger or something. Because it’s so important.

God, I’m such an atheist. But, yeah, I used that thing. I used the stick when I was a young bar mitzvah boy.

**John:** Craig, I’ve never asked. What was your bar mitzvah passage? Like what were you assigned?

**Craig:** Do not remember. But I will tell you that it was from Jeremiah. I remember it was from Jeremiah. Not one of your more popular chapters of the Old Testament. But here’s the weird part. This is actually kind of bizarre. So the Jewish calendar is not like the January to December calendar that we use. It is a lunar calendar. This is why for instance Easter is constantly shuffling around. Because Easter is based on Passover. And Passover moves around per the Jewish calendar.

So, when you are a bar mitzvah boy or a bat mitzvah girl you get assigned what’s called a Haftarah which is your portion of the Torah that you’re supposed to read, AKA memorize blindly because you don’t speak the language. And the Torah is read from beginning to end throughout the Jewish year. And there’s a holiday called Simchat Torah which is, yay, we get to start over again and read it again. So, over the course of the year every Saturday or Friday and Saturday there is a chunk that you read to progress your way through. Meaning your birthday will roughly coincide with a general section, depending on what year it is.

Here’s the weird part. My birthday is in April, early April. My father’s birthday is in early June. That’s two months apart. My father’s parents were so proud of him, because they were so Jewish, that in 19 – he was 13 in 1955. They took him to a small recording studio in Manhattan and made him do his Haftarah thing into a microphone which was pressed onto a vinyl 78 RPM disc.

**John:** That’s amazing.

**Craig:** And he had it. And he took it out while I was studying my thing. And he took it out to play it and I said, oh my god, it’s the same one. We had the same one. Isn’t that weird?

**John:** That is great and weird.

**Craig:** It’s great and weird.

**John:** Yeah, so I mean mathematically not impossible, but still great when those things happen.

**Craig:** It was highly unlikely but, yeah, so we both had the same torture, reciting the same who cares paragraph at length. That’s this week’s Jew Corner with Craig Jew Mazin. My One Cool Thing this week is Seven Cool Things if I may. Not this past Sunday when we won/almost won/sort of won/lost everything at the Emmys, the Sunday prior was the Creative Arts Emmys where a whole bunch of our Chernobyl professionals were nominated for Emmys. And seven of them won.

And I am so proud of them. And so I just wanted to say their names and what they won because it was a joy. I was just – can I just be Jewish again for a second. I was kvelling. I was kvelling. I really was. I’m so proud of them. So I’m just going to say who they were because they did such a good job. So, Stuart Hilliker and Vincent Piponnier, our rerecording and production mixers won for Outstanding Sound Mixing for a Limited Series or Movie. And this was a great one. Outstanding Production Design for a Narrative, Period, or Fantasy program one hour or more, we won, Luke Hull, production designer, Karen Wayfield, art director, and Claire Levinson, set director. And on that one we even beat Game of Thrones.

**John:** How nice is that?

**Craig:** I mean, it was pretty good. I was sitting right behind Dan and Dave, so on that one we were kind of giving each other [unintelligible], but you know what? It was good. They won like 10 Emmys that night. So congrats to them.

We also won for Outstanding Special Visual Effects in a supporting role. And that was – there’s a whole bunch of guys and women, but Max Denison and Lindsay McFarland were our leads on that one.

We won for Outstanding Single Camera Picture Editing for a Limited Series or Movie. That was won by one of our editors, Simon Smith. So fantastic for him.

This was a great one. We also won Outstanding Music Composition for a Limited Series, Movie, or Special. That was Hildur Guonadottir who was our amazing composer. And by the way won an Emmy for Chernobyl. She – I’m predicting – is going to be nominated for an Oscar for Joker. So she’s having one hell of a year. I mean, oh god, I love her so much. So I’m so happy to see that.

And we also won Outstanding Sound Editing for a Limited Series, Movie, or Special. That was Stefan, Joe, Michael, Harry, Andy, and Anna.

And we won Outstanding Cinematography for a Limited Series or Movie and that was Jakob Ihre, the amazing Jakob Ihre, who was our director DP.

So congratulations to all of our winners and also we had I think six other nominees and so we are just so proud of all of them. I couldn’t be happier with that result. It was a fantastic night. And the best part was I didn’t even have to worry. I didn’t have to be nervous. I didn’t have to think of a speech or any of that nonsense. So, that was the best part of this whole thing.

**John:** Absolutely. Congratulations again to all of them and to you, Craig, or–

**Craig:** Or not. [laughs]

**John:** Or not. [laughs] Congratulations on the show regardless. And that’s our episode for this week. Scriptnotes is produced by Megana Rao. It was edited by Matthew Chilelli. Our outro this week is by John Spurney. If you have an outro, and we’re kind of running low on outros here folks, please send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions like the ones we answered today. But on Twitter, of course, Craig is @clmazin. I’m @johnaugust.

If you have thoughts about professionalism, if you have thoughts about the switch from Libsyn over to Patreon or some other stuff like that hit us up. Tell us on Twitter or send us an email. Because we want to know what you think.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts. You’ll find all the back episodes at Scriptnotes.net. You need to sign up there in order to use the Scriptnotes app for iOS or Android, neither of which is quite up to snuff and I’m sorry about that.

You can also download 50-episode seasons at store.johnaugust.com

Craig, thanks and congratulations. Next week is going to be a big show for a secret reason that people don’t know yet.

**Craig:** Ooh, I’m so excited. I don’t think I know it either.

**John:** You know who the guest is.

**Craig:** Oh, I do. Yeah, it’s pretty great. [laughs]

**John:** Cool.

**Craig:** Have a nice week. Bye.

**John:** Bye.

Links:

* [The Emmy Award Winners](https://www.emmys.com/awards/nominees-winners) Congrats Craig!
* [WGA Election Results](https://www.wga.org/news-events/news/press/wgaw-announces-2019-officers-and-board-of-directors-election-results)
* [She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement](https://www.amazon.com/She-Said-Breaking-Harassment-Movement/dp/0525560343) by Jodi Kantor and Megan Twohey
* [Why I Quit the Writer’s Room](https://www.nytimes.com/2019/09/06/opinion/sunday/walter-mosley.html) by Walter Mosley
* [Professional Writing and the Rise of the Amateur](https://johnaugust.com/2006/professional-writing-and-the-rise-of-the-amateur)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Jon Spurney ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_419_professionalism.mp3)

Scriptnotes, Ep 410: Wikipedia Movies, Transcript

August 15, 2019 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2019/17914).

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

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

**John:** And this is Episode 410 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast it’s a variation on How Would This Be a Movie. Instead of looking at three stories in the news we’re taking three articles off Wikipedia and looking at what you get by using just those facts versus using a more detailed article.

Then we’ll be taking listener questions about real life subjects, showing your work, and applying the Mazin Method to television.

**Craig:** The Mazin Method. Yeah. The original Mazin Method was just helping couples conceive children. Which works great by the way. But this is a new one. So I just don’t want people to confuse them.

**John:** Absolutely. Because they have similar things, because there’s that thesis and antithesis in both situations.

**Craig:** Correct.

**John:** You’re trying to arrive at a middle place. But they are different.

**Craig:** Yeah. And one of them you do have to take your temperature each morning.

**John:** Yeah. The answer will surprise you.

**Craig:** [laughs]

**John:** But first some follow up.

**Craig:** I like this. I like the show already. I’m pleased with it.

**John:** We are hosting a panel on addiction and mental health that’s organized by Hollywood, Health & Society. It’s already sold out, but the good news is there will be a Facebook live stream for it. So this happens Wednesday July 31st, 2019. The live stream starts at 7:15pm Los Angeles time. There’s a link in the show notes for how you get there, but if you don’t follow the link just look up Hollywood, Health & Society on Facebook and you will join us there. I’m very excited about this.

**Craig:** Yeah. And this is a SAG-AFTRA production, correct?

**John:** This is actually Hollywood, Health & Society which is a WGA partnership with Norman Leer’s foundation and USC. So we’re doing this at SAG but these events would usually be at the WGA.

**Craig:** I see. I’m just really glad that we’re doing this. Obviously it’s a huge topic. You and I have both talked about this a lot on our show, but I also have talked about this in other venues as it relates to creative professionals, writers in particular, and then also our families, and our children. We are going to keep chipping away at the taboo and the shame that surrounds this stuff until people finally just relax and begin talking about it freely.

**John:** Yep. So our producer, Megana Rao, has been on the phone doing sort of pre-interviews with the people who are our guests so we have specialists in both mental health and addiction. We have a showrunner tackling these topics and a journalist. So we will be able to discuss not only the things that they wish they could see portrayed more and better in our film and television, but what things we could stop doing which would be helpful for everyone out there. So.

**Craig:** Love that. I think that’s great.

**John:** So we’ll get into that.

**Craig:** Terrific.

**John:** Further follow up, last week my One Cool Thing was versing, that sort of newish word called versing, which led to a discussion of words like heigth, but Bob wrote in with his experience with this. Do you want to share that?

**Craig:** Sure. Bob writes, “I teach screen and TV writing at Chapman and so I’m in daily contact with scores of fairly literate people.” That’s the best review of your own student body I’ve ever heard. Fairly literate people, 18 to 22 years old. “And I’ve noticed that they are slowly rewriting our language and they have no idea it’s happening. In addition to ‘on accident,’ which you’ve observed, I’ve found two others. Like on accident, they both have to do with changing prepositions. So, arrive at the building has become arrive to the building and bored with it has become bored of it.

“I think bored of it comes from tired of it and on accident comes just as you said from on purpose. And while Craig’s story about heigth is probably right on the money, these other cases might well have started by people who learn English as a second language. Although I’ve been fascinated by words my whole life, I’ve only recently learned that unwieldy isn’t unwieldly. The latter seems to me to make sense since it’s an adverb so it should end with LY. But it just doesn’t.”

Well, unwieldy isn’t an adverb. It’s an adjective.

**John:** Yeah. I’m trying to find ways you can force it into an adverbial role.

**Craig:** I’m struggling.

**John:** I’m trying to make it modify an adjective in a way that an adverb would.

**Craig:** Like I lifted this unwieldly?

**John:** Yeah, I mean, you could–

**Craig:** I mean, that’s wrong. Obviously it’s not a word.

**John:** It’s wrong, but yeah.

**Craig:** But, yeah, unwieldy in and of itself is an adjective.

**John:** Is a true adjective. But I agree with his basic points that younger people are going to start using words in different ways and you could try to fight that or you just accept that they’re going to be using language in different ways. And that’s actually one of the reasons why so often when you translate things from another language you have to have a native speaker doing that work because they’re going to recognize the small little subtle things that people say in real spoken language versus “proper” English.

And some of these things that you’re bringing up here would make so much sense in character dialogue but you wouldn’t necessarily do them in scene description. It’s that subtle distinction between how people speak versus how they might write.

**Craig:** Yeah, exactly. And, look, there is a huge part of me that is orthodox about this stuff. And I think that the instinct to want to preserve the let’s just call it the correct way of speaking or writing is that it’s not necessarily to punish the kids, but rather to honor your love of the language you were given. So I come from it from a sort of positive place of wanting to preserve.

That said, of course the language that I was given, that I received, and that I call correct in and of itself was inflected and modified by people that spoke and chopped things up and messed them up. So, you strike a balance.

**John:** You do. And I’ll just close up by saying to ignore that language changes by pattern matching is the heigth of stupidity.

**Craig:** Please don’t. It’s so awful.

**John:** It’s just the worst.

**Craig:** Heigth.

**John:** I don’t like heigth, but we all understand how heigth comes to be because width, length, and heigth. Of course you want things to match.

**Craig:** It’s pattern matching. It’s just that pattern – let’s just not do it.

**John:** Yeah. I get it. I get it.

**Craig:** Let’s fight back.

**John:** We will fight back. And we will still try to preserve beg the question, because beg the question has a useful meaning and so when we see it used improperly I will still always note that it’s being used improperly.

**Craig:** That’s not even a question of usage. That’s just being right or wrong.

**John:** It is being right or wrong. Let’s take a look at How Would This Be a Movie. So, to give some setup here because we do this segment fairly often. And usually what happens is people will write into us with a link to an article, or people will tweet at us with How Would This Be a Movie and some great article there in the news. And sometimes I’ll agree, sometimes I won’t agree, but if there’s something that I do that find fascinating or I find on my own that feels like it’s right for the segment I will bookmark it. And I bookmark it in a place called Pinboard. And maybe I’m mentioned this before on the show but Pinboard is a really useful bookmark storage service. So it just shows up on all your devices.

I pay for it. It’s cheap. It’s really barebones but it works really, really well. And I go through Pinboard and I tag those things How Would This Be a Movie. So HWTBAM. And as a little tag so then I can look through and see, OK, here are some articles that I flagged for this. And I noticed that in some cases I was flagging Wikipedia articles which didn’t seem like quite enough to be basing a movie around. But really in real life sometimes that is my entry point for a movie, or at least for some aspect of the movie.

And so I thought we’d talk about Wikipedia as the starting place for ideas. Because you’ve encountered this, too, haven’t you Craig?

**Craig:** Sure. And this is strangely an extension of the discussion we were just having about language. Because I think for orthodox researchers Wikipedia is still something that sets their teeth on edge. But the fact is that for the great majority of people who are suddenly interested in learning about something the very first stop they are going to make is Wikipedia. That’s it. That’s the first stop. It’s not the last stop, but it’s the first one.

And such was the case for me and Chernobyl. I read an article in the New York Times about the construction of this new cover over Chernobyl. I got sort of vaguely curious. So I went to Wikipedia and I started reading the Wikipedia article. That is, again, it is a decent place to start. With all the caveats, it is a user-edited encyclopedia. They actually do a pretty good job of keeping everybody accurate and honest. Sometimes the most valuable parts of Wikipedia are really the citations, where you can go down to the bottom and see where they’ve drawn information from.

But mostly if it does capture you it sends you on a journey where you start to really learn about something rather than reading a kind of Cliff Notes summary. So we should acknowledge that that’s where a lot of people are going to start if they’re considering writing something based on history or real events or real people.

**John:** Yeah. And so the three things I’m going to single out here, in each case I was able to find an article that went into greater detail than what was in the Wikipedia summary. But the Wikipedia summary was a useful place to be thinking about what are the possible stories you could tell here. And then the articles helped frame a more interesting story within that. So, let’s start with 8chan. And so I kind of knew what 4chan was. I didn’t really know what 8chan was. I saw a reference to it so I looked it up.

So 8chan is an online site, a website, a community in a very loose sense. 8chan can be thought of as a discussion place for topics. 8chan is particularly freewheeling and has very few sort of controls over it. And so the Wikipedia goes through its history, about the guy who created it, but mostly about its controversy. So it was heavily involved in Gamergate, swatting, child pornography, the Trump campaign QAnon, the Christ Church mosque shootings where they were singled out and called out for that. Another synagogue shooting. So it’s–

**Craig:** What a resume.

**John:** It’s notorious. I mean, I think it’s not thought of as a good part of the Internet. But it’s not the dark web. It’s not something that is strictly behind sort of proxy servers and hidden away from the rest of the world. It’s something that anybody could go to. And so Craig what did you know about 8chan going into this?

**Craig:** I know quite a bit. I mean, I don’t go – I’m not a member, like a community member, an active person that participates on 4chan or 8chan or anything like that. But, you know, I’m a nerd and I’m a history nerd, a computer history nerd. I love the Internet and the history of the Internet and how it evolves.

The other day I was telling somebody, they had totally forgotten, do you remember Excite? Do you remember that search engine Excite?

**John:** Oh yeah.

**Craig:** For a while Excite was the thing.

**John:** Yeah. Excite. Alta Vista.

**Craig:** Where people would be like, yeah, I use Alta Vista or I use Yahoo, and I’m like, no man, you’ve got to use Excite. It’s way better. And then Google came along and that was the end of Excite. But, no, 4chan has been around for a long time. 4chan in and of itself is an adaption of a Japanese style of – it’s essentially an image board. That’s all it is. It’s very low tech. And remarkably these chans, and there are a lot of them, there’s like probably 50 different chans, all something-chan-dot-something. They’re all basically the same very basic software that has not changed since whenever they first appeared on the Internet. And people post an image and then there’s commenting.

The thing about them is, they almost everybody is anonymous on it. And at least in the case of 4chan it became this fascinating double edged sword. So when we talk about 4chan and then 8chan, there’s a fascinating story where this guy named Fredrick Brennan founds it and he in and of himself is a fascinating character. A lot of it was about kind of for the lulz as the kids would say. I think it began with a certain kind of goofy anarchy, like a comedic anarchy. The sort of like teenagers, younger people are going to just have some fun. And sometimes their fun is at the expense of other people, but it’s mostly in the form of pranks and things. They would do raids where they would show up in some very nice forum for people that, I don’t know, enjoy macramé and they would ruin it. And then leave.

So it was kind of like that. And then it began to become much darker. But along the way the chans are where a lot of meme culture comes from, which is our culture now. Even pre-dating Reddit. So, it is an interesting place where there’s actually fascinating things that come out of those chans and funny things, brilliantly funny things.

And then unfortunately some terribly ugly things. And Fredrick Brennan, well, tell us about Fredrick Brennan because he really is a fascinating person.

**John:** Absolutely. So the Wikipedia article has a brief mention of him and they call him Hotwheels, and sort of a little bit about sort of why he set it up. But there’s an article called Destroyer of Worlds by Nicky Woolf, I’ll put a link in the show notes to that, which really goes into the history of 8chan from his point of view, from Fredrick Brennan’s point of view. And so this is a kid who is born with a profound disability, what’s often called brittle bone syndrome. So he’s confined to a wheelchair. Has very little access to the outside world except through computers. And so he starts going on 4chan. Is active in the videogame sites there. And sees sort of what’s there and what’s possible and ultimately decides to build his own version of it. And so his own version of it becomes 8chan and it was largely at the height of Gamergate, as Gamergate folks were getting kicked off of 4chan he’s like, “Hey, come here guys. You can do all that stuff on my place,” and it blew up and became a big thing because of Gamergate.

He ultimately then sold 8chan to somebody else and has largely disavowed it. But he’s a fascinating character because just his origin story is fascinating. And him grappling with what he’s done is fascinating.

**Craig:** Yeah. It seemed as if – or at least from the article that I read here – that he was lonely.

**John:** Yeah.

**Craig:** And his initial encounter with 4chan actually was that he had created a group for people that appreciated a certain videogame and then 4chan came and did what they did, which was raid it “for the lulz.” It worked. And instead of him being angry and miserable about it he thought, ooh, that looks like fun. I would have rather been on the other side of that. And so he joined up with 4chan and then I guess as moot, the founder of 4chan, started to push back a little bit against the total freewheeling anarchy which as you said was leading to a lot of illegal pornographic content and discussions of things that were starting to edge towards violent acts in real life, and doxing of people. A lot of bad stuff. He said, “OK, well, if you’re going to push back against that I’m just going to start my own thing where it’s really up to the users.” Even more freedom than 4chan offered.

And it sounds like he got what he wanted. He just didn’t expect that it would maybe go the way it went.

**John:** Yeah. So the stories that this is suggesting is about the questions about freedom of speech and the boundaries between freedom of speech and radicalism and hate speech and sort of what is law versus anarchy. Those tensions are natural there. So you think of movies like The People vs. Larry Flynt where it’s one guy standing up against a government, but in this case there really isn’t a government that you’re really up against. These chans are so formless because the Internet is sort of formless and you don’t really know who is behind things. It’s all anonymous. All those things are fascinating.

But you need to be able to aim the camera at something. And so that something could be Fredrick Brennan. It could be other users. But you’re going to have to find a central focus for a story that’s going to be about 8chan or any of these aspects of some of the controversies that have happened.

**Craig:** Yeah. And you run a terrible risk of misunderstanding certain things because there are some aspects of these places that are just as bad as they appear. I mean, talking about a community where somebody comes on and says, “I’m about to shoot some people in a mosque,” and other people say, “Well, aim for the high score,” that’s just horrible.

And there’s no way to look at that except terrible. You know, and then in another corner of that same chan on a different board there are people who are discussing their sexuality with other people safely because they can’t at home. Even look at a guy like Brennan who is severely disabled and didn’t have friends and was reaching out and making connections with people that accepted him. What’s fascinating – anyway, the point being you can be reductive about it and that in and of itself then what happens is people go, oh, well they just did a hit piece on it.

It’s tricky. It’s a tricky thing because I don’t know if I could define at all what 4chan or 8chan even is. I don’t think I could – because it’s too many things.

**John:** Yeah. Where I think Brennan’s story is potentially useful as a framing around it is that it sort of mirrors the central question that you’re going to have about something like 8chan which is to what degree can you think about teenage boys doing teenage boy things versus the actual consequences in the real world. And so to what degree is it important to create a place where people can blow off steam versus a place where they can plan or at least celebrate mass shootings.

**Craig:** Yeah.

**John:** That aspect is really tough. And so Brennan himself who has this condition which has confined him to a wheelchair and made his life very, very difficult starts all this because he’s really – part of the reason he starts it, he’s really interested in eugenics which seems like a weird thing for a person with a debilitating disease to be focused on, but that inherent paradox is very much at the root of – we need absolute freedom of speech, nothing can contain us. They are all part of the parcel.

**Craig:** Correct. And I will say that when you are reading a Wikipedia article about something and you’re wondering is this something that I can write a movie about or a series, what you’re hoping to find without trying to find it but just honestly letting it happen is something that grabs you. Some strange thing you snag on. And in this story it is without question the fact that this man who does have a severe disability has written really offensive and disturbing essays in favor of a kind of eugenics that would have eliminated him. And he’s saying that purposefully. He’s said he wished for some kind of Nazi movement to come and get rid of people like him.

And when you dig into that, I mean, you snag on that for sure. And when you dig into that you find, you know, well know he’s sort of letting that go. And it brought to mind this quote that Adam McKay posted on Twitter today that I saw that I just thought was amazing. It’s a James Baldwin quote. So James Baldwin, one of the smartest writers that ever walked the face of the earth. And the quote is this: “I imagine one of the reasons people cling to their hates so stubbornly is because they sense once hate is gone they will be forced to deal with pain.”

And I just thought well right there is Fredrick Brennan. If he turns the anger off then he’s got to deal with accepting something that is incredibly painful for him. And I get that. I understand that. And I have a feeling that that syndrome is powering a lot of what is going on in these places because a lot of the people who come there are young. I suspect a lot of them have some kind of mental health issue, or a learning disability, or a social disorder where they are alone, they’re bullied, they’re outcast. They feel unloved or uncared for and they’re hurt.

And so as it turns out these places are probably the worst kind of areas to get therapy. But I can also see why people are attracted to them in the first place.

**John:** Yeah. It also ties into like the YouTube algorithms that will keep sending people down a darker and darker spiral. So they’ll start watching one thing and it will push them to more and more extreme things because the algorithm just is looking for ways to keep them engaged with YouTube longer.

**Craig:** Yeah. It’s the–

**John:** The way that cycles perpetuate.

**Craig:** It’s that syndrome where they say if you’re kind of addicted to pornography you keep going further and further, like crazier and crazier porn. Because you just get used to the regular porn I guess. And it’s the same here. And I think that that’s a very trap like thing for people – particular people who are a neuro-atypical, when you’re on the spectrum. All that stuff is going to hit your buttons. And I guess you can get addicted. And at that point you go deeper down the rabbit hole.

**John:** Let’s go back to that James Baldwin quote because it is so fantastic. And there would be a temptation to use that as the dedication page, so your title page and then you put that quote and the script begins. You could do that. You can make a compelling case for that. But I think if you can find a way through your script to embody that quote you’re much better served.

So saying the quote is a nice thing on page zero. Actually manifesting that quote in your script, like no one says that quote but that idea comes across is much better use of that idea.

**Craig:** Correct. And going back to the Mazin Method, not the one for conception but the one for writing, so you can see a central dramatic argument that you can craft out of this which is it’s better to deal with your pain than to mask it with hate. Or you can turn it around and say you will never stop hating until you face your pain. Whatever it is. But it does feel like there is – that’s a very interesting way of creating a kind of synthesis/antithesis point of view about a complicated thing.

**John:** Sarah Silverman this last year engaged with somebody who was being a dick to her on Twitter and said like, “Oh, it sounds like you’re really hurting.” And that conversation really changed his mind.

**Craig:** I saw that. It’s amazing.

**John:** So we’ll put a link in the show notes to that, too. Sarah is a person I very much want to have on the show at some point because she’s so smart.

**Craig:** Let’s do it.

**John:** And she sings Slaughter Race from one of my favorite movies of the last year, so.

**Craig:** So many reasons to have her on.

**John:** All right. Next Wikipedia article that I dove into. In this case I was cheating a bit. I read an article first and then I went back and looked at the Wikipedia to see what else there was about this. But so often in our fiction we talk about mirror universes, parallel universes, multiverses, the thing that shows up again and again especially in our popular culture, in our comic book culture even more so. But in the real world there’s an article here by Corey S. Powell. “Scientists are searching for a mirror universe. It could be sitting right in front of you.”

It tells the story of Oak Ridge National Laboratory in Eastern Tennessee and a physicist named Leah Broussard who is trying to open a portal to a parallel universe. That makes it sound like, you know, uh-uh, the catastrophic thing she’s going to try to do. In fact, her experiment is really straightforward and smart and simple. She’s shooting a big beam of neutrons at a brick wall and if some of them get through that brick wall it is because they’ve popped out of the universe and popped back in.

**Craig:** Yeah. What could go wrong? That doesn’t sound like Stranger Things at all.

**John:** No. In fact the actual opening scene of the third season of Stranger Things. Yeah.

**Craig:** Right. Bingo. There it is. Except she’s not Russian. That’s terrifying. I mean, I know I shouldn’t be terrified. I know that in television that’s what happens. You shoot a beam at a wall and creatures come out and infest your body and take over and kill rats. In science what happens is the beam is shot at a wall and some incredibly imperceptible thing is finally picked up and someone says in theory based on this math. But there are no creatures.

**John:** Three weeks later they’ll actually have studied all the data and they’ll say, “Yes, this had a 90% chance that this actually happened.”

**Craig:** Right.

**John:** Yeah. Looking at this, looking at the general Wikipedia articles about multiverses, about mirror universes, about this sense that given what we understand of the Big Bang and cosmology there’s a compelling case to be made that the circumstances that created our universe could have created other universes at the same time, or that there may be more to our universe that we’re not actually able to see at this moment. That it’s sort of like right next door.

**Craig:** Right.

**John:** And scientifically that all makes sense. But on a personal level, on a spiritual level, I think we have an innate belief that there must be something just right beyond this that explains more. We always have been searching for some mysterious force that’s just beyond our reach, be it ether that is holding everything up and together. We’re looking for explanations behind the things that we can observe that don’t quite make sense. The biggest scientifically right now we have dark matter and dark energy to help explain why the universe has a mass that doesn’t match up with our expectation.

So this is right now searching for an explanation for that phenomenon.

**Craig:** But I think when we’re adapting these things, again, for film and television there’s a certain narcissism involved because we always seem to want to find another universe to help reflect back who we are. That other universe is going to teach us something. It’s either going to be a warning about what we’re going to become. Or it’s going to teach us how wonderful we could be. Or it’s going to make us confront our failures. It’s, you know, it’s always about us.

**John:** It’s about us. And it’s about the what-ifs. Like what if we were to change this one variable? So what if the Star Trek Enterprise in a mirror universe was evil? Like what if everything was flipped around? And that’s a convention that we have but I think it’s also fun to imagine ourselves in a slightly different version of our universe.

**Craig:** Well Spock would have a beard, for instance.

**John:** Absolutely.

**Craig:** No question.

**John:** There’d be more vests.

**Craig:** [laughs] Did you read Flatland?

**John:** Of course. You have to read Flatland.

**Craig:** It’s a great book. Flatland was written like early 1900s maybe?

**John:** Sounds right.

**Craig:** Essentially it’s a book about math, but it’s a very sweet book and it helps explain geometry and things like that. But there’s one moment that always stuck with me. So our character is in Flatland which is two-dimensional. So he’s a two-dimensional character. And he’s visited by a sphere. Now, he has no concept of what three dimensions are. But he’s visited by a sphere. And the sphere appears to him as this tiny dot that then gets wider as a line until it’s really wide and then it goes back again to a dot, because it’s a sphere moving up and down through a plane.

And I just thought, wow, that’s a great example of how blind someone can be if they’re missing a certain aspect. And then the sphere tells a story about how he was visited by a creature from the fourth dimension. And as I recall it’s something like the fourth dimensional creature appeared as sort of links, but the links could come apart without breaking. Because it was going through a fourth dimension that we don’t understand.

And I thought that was really cool. That part is cool. I like the idea of the promise that there’s more than we see with our eyes. That there’s something greater to aspire to that maybe one day we’ll taste.

**John:** Yeah. That sense that there’s an extra dimension that you could sort of walk through that extra dimension to get around a thing. And so Arlo Finch has a lot of that in it. So the Long Woods are essentially an extra dimension so you can move things through that dimension–

**Craig:** Spoiler.

**John:** It’s early on in the book.

**Craig:** OK.

**John:** But you can move through things by going there. So I can get from point A to point B by stepping through the Long Woods and coming out the other side.

**Craig:** Well, it makes hiking a lot more pleasant.

**John:** It really does. Good views. So, in looking at the Wikipedia starting place for multiverse, for parallel universes, mirror universes, it’s just too broad of a category. You could start there, but you would need to go down many, many links to get to very specific sort of implementations of that idea to get you to either a real life scientific thing that would be interesting to pursue which could be something like this physicist who seems like she’s an interesting character, especially if she’s able to prove this thing that she’s been doing the experiment on. Or some phenomenon that is a good jumping off place for a high concept/high premise science fiction story.

**Craig:** Yeah. When I think about the movie that did the best I think with just making this the deal, it’s probably Contact, which wasn’t necessarily another universe, but they did do some weird like interdimensional kind of crap. And even that movie ultimately what does it come down to? A father and a daughter. And that’s the thing about all these stories is there is no relationship inherent in the notion of a multiverse. So when Chris and Phil and Rodney make the Spider-Verse movie that is really just a delivery system for them to create new relationships. And in that movie this crucial relationship between this Miles Morales, young new Spider-Man, and this other dimensional Peter Parker, old, grumpy Spider-Man. And that’s it. Right? That’s why that exists to create and then service relationships.

So, you’re always going to be looking for that kind of thing. I think the multiverse will always be an instrument.

**John:** Yes. An instrument rather than being the actual plot or story itself. Largely because it has no characters. It has no characters that come with it for free.

**Craig:** Right.

**John:** So you’re going to have to use it as a background for who are the characters that are having an interesting time in this world that you’ve created.

**Craig:** Spock with a beard.

**John:** Spock with a beard. All right, so the last Wikipedia article is the exact opposite of this where you have a character, you have a person, and then it’s a question of what story do you tell with this person. So, this is the story of Lisa Ben, which is an anagram of Lesbian. She is one of the first lesbian journalists. So her real name is Edythe D. Eyde. She was born in 1921. She was basically a zine writer back before there were zines. So she created the first known lesbian publication in the world, Vice Versa, and she distributed it locally around Los Angeles.

She looks to be kind of a fascinating character in a very fascinating time. I’m not even sure why I ended up bookmarking this. I think someone had said that name so I looked it up and was like, oh, well that is actually an important person in LGBT history that I did not know of, so I bookmarked it.

But, there’s something fascinating about her. And one of the things that was kind of nice about her story is it reminded me of times before I was a fulltime screenwriter where I was an assistant with not quite enough to do. And so she was working at a record company. She had a typewriter, which was a big thing to have, and so she just started writing and typing this magazine. So she put in like 12 carbon copies and that’s how she did her first zines was just like typing them and then distributing them to people she knew.

**Craig:** It is a fascinating story. First of all, I’m grabbed by her name which is nearly palindromic. It’s so close. We’ll talk about the snaggy things, right. There were two things that snagged me. One was that she for her whole life – and it was a long life up until she retired – but for many, many years she worked as a secretary. She worked as a secretary for lots of different places, lots of different people. And this is during the ‘40s, and ‘50s, and ‘60s, which were not the most socially progressive time in America. So I’m already thinking to myself that’s interesting. I wonder what that was like. I wonder who the people were that hired her. I wonder how she maneuvered that. I wonder if it was sort of something that people knew. Did they like the idea of it? Were there men who thought, oh, this is good because there won’t be a husband to steal her away or reduce her hours here?

I’m fascinated by how that functioned. So that’s interesting. And then the other thing that snagged me was that she died utterly alone and her death wasn’t even noticed. And it was only until later that people started to really understand the impact she had. Those things are very dramatizable. And so I think there’s a very cool story here, whether it’s a movie or a short series. But what we’re talking about is one of the more invisible people in 1940s America. And the fact that she was so invisible she was able to kind of be visible. You know, so she’s sitting there, and I love the way she does this, to make her zine – she’s also basically the first, like somebody who started a zine before zines were things. She’s so cool. She would do like quadruple carbon paper and so she would type up her little zine and that was four copies. And then she would do it again. And that was four more copies, which is incredible.

And then she would circulate it at the one or two lesbian bars that were around and people knew about. And then she moved on and started writing articles in sort of a more, I guess, a real lesbian publication – a real publication for lesbians, like a real magazine. And that’s where she adopted – she wanted to be I’m a Spinster. That was the name she wanted. But they were like, no, so she went with Lisa Ben. And so there she was kind of just living her life. She had a relationship with a woman for a while until that woman spent all their money gambling.

Oh, I love that, too. You know, there’s a tendency sometimes when we’re telling stories of marginalized groups to sanctify everyone. But people are not saints.

**John:** No, not a bit.

**Craig:** Like that’s why I love – one of the great cable movies of the last ten years I think was the one that Richie LaGravenese wrote, Behind the Candelabra, about Liberace. Because he’s not a saint. In any way, shape, or form. He’s not. He’s actually a jerk. You know, I mean, he’s not a murderer, but he’s a cad. And in part, right. And I love that because that’s human.

And so here her partner spends all their money because she’s a degenerate gambler. So she ends that relationship. And just continues on living her life in the open and yet somehow not noticed. And I think that’s really interesting. I’ve never seen something like that before.

**John:** I think the setting of 1940s California, 1940s Los Angeles, is terrific. Just because it’s familiar but it’s also different. We’ve never seen it from this character’s point of view. Something about her reminded me a bit of Selina Kyle from Tim Burton’s Batman movie. Where it’s like she just is overlooked and she’s just kind of invisible. And she’s actually probably the most fascinating person in the room. And that is a great line to walk.

She doesn’t arc in this giant way where she’s like, you know, she created this thing and then she becomes a huge success. So it’s not joy where she becomes this huge entrepreneur who is self-made. It’s a small thing. And so the challenge of this movie would be to find how do you – what path do you actually show? What years do you show? What does victory or at least a conclusion look like for this two-hour story or four-hour story, however long you want this if it’s a short series to be? What are you trying to chart? And so even having a fascinating character like this at the start, you still have to do the work of figuring out where do you want to take her.

**Craig:** 100%. You would need to dig much deeper and ideally uncover one thing that’s a real event that you can work towards. That is essentially the climactic moment of your story. Because right now there isn’t one.

But if you had one, you might have something there.

**John:** So an interesting situation to talk about the Wikipedia of this all is that the Wikipedia article on this is actually really good. And really detailed. And kind of more detailed than most of the articles that it links out to. So whoever put together most of this Wikipedia page deserves a lot of props because it’s actually really well done.

**Craig:** Nice work.

**John:** So it’s linking out to books on queer history and stuff. So you will find her in other people’s books but it doesn’t seem like there’s one definitive book out there to option or buy to be like this is the Lisa Ben book.

But, Craig, let’s talk about this for a moment because let’s say you wanted to write the Lisa Ben movie or maybe many people out there will now want to write this, it’s a real question of like what would you buy to cordon off a certain point of view or entry into her story? I’m not sure there is going to be one thing.

**Craig:** I would buy nothing. There’s no reason to buy anything. If she were alive then life rights would be interesting because you could then sit with her and she could give you unique information. But she is not alive, nor has she left behind relatives as far as we know. She had no children. So at that point you’re dealing with just basically reportorial material that is available to everybody. They’re facts.

You could find people that she used to work for. You could talk to people at the magazine. You know, I assume the magazine is no longer functioning. But you could find people that were there. I think you would probably want to do quite a bit of research about what lesbian Hollywood in 1940-something looked like. Because that’s probably fascinating. For instance, there’s a bar that they call out. And you’d want to find out, OK, where was that bar. Who owned it? Is anyone still alive that remembers it? That’s interesting.

You would have to become a little bit of a detective, but no, I don’t think there’s anything to buy.

**John:** So, I had a good conversation with Guinevere Turner about Charlie Says which is her story of the women involved in the Manson murders. And in that case there was a book they ended up buying which was sort of to cordon off some rights. And yet she felt like it wasn’t really the right book to be using. So it’s a situation where she was given a piece of material that she didn’t necessarily really want and had to sort of find her own research to do the way into it.

And that can be a situation where with the Manson murders there’s so much out there that you wouldn’t necessarily need to buy any specific thing, but this producer came in with a book and so no matter what Guinevere is going to do that book is part of the chain-of-title to the project.

**Craig:** Right. And that’s something that happens a lot in these situations. Producers want to do something. They want to feel like they own something. And so they will buy a book. I cannot tell you in the wake of Chernobyl how many people have called me up and said, “We have the exclusive rights to a book that details the history of such and such.” And I think you have the exclusive rights to that book but I can read that book and use everything in it. Because it’s facts. I don’t know what to say to these people. I don’t know why you’re buying these things. I really don’t.

**John:** The only reason to buy a book about history if you are running a company or something like that is to have access to more of what the author has and also to get the book before it gets published. That I get. Because then you get a head start on all those facts that the author has found that aren’t necessarily going to be accessible to other people. But if the book has been around for seven years, the rights don’t matter. As far as I can tell it’s just facts.

So I suspect there are going to be cases where it’s not just the facts but it is a framing, there’s a storytelling aspect to how the book is put together that brings it beyond just the facts. I think of some of those books on famous murders which are very much told from a specific point of view. And in those cases I can see why adapting that book is different than adapting some other set of rights to things.

**Craig:** Sure.

**John:** But what Craig says is really the crucial takeaway is that facts you can find anywhere else. They’re free to go. So to make the Lisa Ben movie or to make a movie about 8chan you do not need to go after some specific book.

Now, if you were trying to make the 8chan movie and you’re trying to use this specific article or you’re trying use Fredrick Brennan’s story as the centerpiece, he’s a living person.

**Craig:** Yeah.

**John:** And so you can do it without his permission and his involvement, but it’s going to be challenging. And so there can be reasons why you want to get his cooperation.

**Craig:** Yeah. I mean, that’s a circumstance where you’d want life rights because you can then sort of say, listen, I want to know how this really happened. Just walk me through it and tell me things that you haven’t said in an article.

**John:** Another reason why you want to get some life rights is as part of the discussion you will have some language that makes it clear that they will not come after you for libel. And so libel is when you are deliberately falsely misrepresenting something about that person. Basically when you’re lying about that person–

**Craig:** It’s going to be defamation is probably what it would amount to. And that’s the thing that they’re all concerned about and they should be. You don’t want to defame people. And so when you do write things that are touchy you need to support them. And, man, I’ll tell you the lawyers on Chernobyl sometimes – I got some winners, man. I got some winners. Like someone said I was using the name of an actual KGB person and I eventually decided I would not, I’ll just sort of create a stand-in for the KBG. That’s fine.

The lawyer said do you have evidence to support your suggestion that this high ranking KGB official would have ordered false imprisonments of people. [laughs] I just thought, because he was in the KBG? Isn’t that enough? Right? We all agree KGB falsely imprisoned a lot? No, anyone?

So, sometimes in the burden of caution you make changes to protect yourself. And I get that. I understand that.

**John:** Yeah. So, some takeaway from our Wikipedia discussion. It seems like Wikipedia, we should just acknowledge, it’s a very useful place just thinking through the broad strokes of an idea as a jumping off place for exploring topics in the real world and people in the real world. It should not be your ultimate destination for the crucial facts you need.

**Craig:** Agreed. It’s a great entry hall. It’s a primer as they say. But it is not – you’re going to want to get down to the bottom of those Wikipedia pages, look at some of those sources, and then do your own work as well.

**John:** We always make predictions about which of these ideas will become movies. Craig, which of these will become a movie?

**Craig:** Well, the multiverse doesn’t count, right? Because it’s in 70% of the movies they make right now. So, I’m going to say that there will – somebody is going to tackle a chan movie, a 4chan, 8chan movie. Someone is going to do it.

**John:** I think so. I think it feels like a made-for-HBO the same way that Brexit was. Someone is going to do it.

**Craig:** Yeah. It seems–

**John:** That would be a smart person.

**Craig:** It wouldn’t be me. I don’t – it’s too big. I don’t know how to wrap my arms around the multitudes that those places contain. You know, it’s very strange. They’re very strange places.

**John:** So the Deadline article is “Chernobyl writer scared of 8chan.”

**Craig:** [laughs] Well, yes, by the way, I am. Everyone should be terrified of them. They can do stuff. No, from a creative point of view I just don’t know how to – I don’t know how to tackle it. Yeah. I’m saying don’t choose me for the job.

**John:** No. All right, let’s get to some listener questions. And this first one is related to what we’ve been talking about. Gregory writes to ask, “Can you explain the legal process on a movie like the 2016 Black List script Blonde Ambition. Madonna has said on her own Twitter page that she does not agree with the movie and that she will disown it if it comes out. Does this mean you can write a script about a famous person/celebrity even without their consent?”

**Craig:** Well you can.

**John:** You can.

**Craig:** You can. She said disown it. She didn’t say sue it.

**John:** Disown it/disavow it.

**Craig:** Disavow it.

**John:** She’s anti.

**Craig:** She’s going to crap on it in the press is what she’s going to do. And that’s fine. That’s their right. They can say that it’s a bunch of crap and I don’t like it. Your challenge when you’re making an unauthorized biopic is to not get into a place where you are defaming the subject of your story. And if they can prove defamation meaning they can show that you said something for which there is no basis then they’ll get you.

My suspicion is that if someone is going to make an unauthorized biography of Madonna that she finds offensive that a thousand lawyers will have picked through it very carefully first.

**John:** Yeah. So I’ve not read Blonde Ambition. People liked the script, so obviously it scored well on the Black List and people are enjoying it. So if that movie gets made the same kinds of people who are going to be going through Craig’s Chernobyl scripts will be going through that script to make sure that they are documenting all the stuff that has to be documented. Music rights are going to be really complicated because obviously Madonna doesn’t own everything she ever sang, but there could be situations where that is problematic.

And, of course, it’s not – in any biopic it’s not just Madonna. It’s all the other people who are in her life. They can have rights, too. And so it’s making sure that the movie is protected against all the forces that could come after it. So it’s a challenge.

**Craig:** The point you raise about the music is a really good one actually because whatever the songwriting credits are you have to go the artist for the right to reproduce the mechanical recording itself. And she’s not going to do that, of course.

So what you would have to do in that instance is only take Madonna songs where she did not have any writing credit and then re-perform and re-record them with a sound-a-like. Which is, you know, not ideal.

**John:** Doable but not ideal. Do you want to take the next question?

**Craig:** Sure. Michael asks, “Craig’s recent solo podcast How to Write a Movie was super insightful. Thank you. And his methodology is obviously applicable to narratives beyond just features, but I’m curious what kind of specific differences you might both employ when applying the Mazin Method to either the conception of a child or an episodic series? In particular how might you apply his method to breaking a pilot, season, or entire series? What would be different?”

John, do you know how to do that?

**John:** So, I’m going to take the easiest case. And so let’s say you are doing a six-episode series. I think you can do largely what Craig is describing in his sort of two-hour Pixar thing. Those same kind of lessons could apply to six hours. Where you really are – it’ll take a character from point A to point B and see them wrestling with all of those challenges, those thematic challenges along the path.

And so you’ll figure out what your stopping places are along the way, but you can look at a six-hour television project as being a long movie. And so some of the same logic can apply.

Where it’s tougher is when you’re trying to do a series where you don’t know where the end is, where you don’t know how many seasons this is going to go. You don’t know where it stops. Because what Craig is describing really does need to end because if you’re just stuck in this middle place the whole time it is not going to be satisfactory.

**Craig:** I agree. And even in a short form series like the one I just did, it’s not as applicable as it is in a movie. Because a movie you really do have to just have this very clear, crisp story from beginning, middle, and end if you’re making that sort of movie. Whereas over the course of five episodes you are in a much more elliptical narrative path. And so, yes, in the beginning, in the end you want to see some sort of closed loop and you want to feel like people grew and changed and you want to feel like there’s something that they’re all pushing against.

And I think that is something that I did to an extent. But it’s not quite as helpful. The truth is I – look, I’ve done one thing in television. I can’t formula-ize it yet.

**John:** But Craig we’ve gotten this far in the podcast, I haven’t congratulated you on your 19 nominations for Chernobyl. Congratulations Craig.

**Craig:** Oh boy. [laughs]

**John:** What got me thinking about it though was another show that got a bunch of nominations which is Russian Doll which I think probably much more so than your own show showed the kind of Mazin Method to it.

**Craig:** Yes.

**John:** Because that is a show that she makes some progress every episode but there’s clearly – Natasha Lyonne’s character is clearly on a very deliberate arc. And it felt like there was real closure at the end of that story. The character who arrives at the end of that series is not the same character who begins the show.

**Craig:** That’s a great point. In fact, I’ll take back what I said. Because I think in part I’m a little skewed by the nature of the thing that I wrote which was based in history. But when you are dealing with something that is purely fictional like Russian Doll and you’re telling that story over five or six episodes, or I think in the case of Russian Doll it was seven, and you have to create something out of whole cloth it is useful.

And I think you can see that she is doing something like that very clearly. There’s a very clear character problem that she has that she has to overcome. So, yes. And congratulations to Natasha Lyonne who, by the way, we’ve not had on the show?

**John:** No, she’s never been on the show.

**Craig:** That’s crazy.

**John:** We’ve shared stages with her, but she’s never been on the show.

**Craig:** I feel like she’s got to be on the show.

**John:** She and that whole team are remarkable.

**Craig:** Can we get them all on the show?

**John:** Let’s get them all on the show at some point.

**Craig:** Let’s get them all on the show, because I’m obsessed.

**John:** Yeah. Nice.

**Craig:** Oh, and thank you for saying that nice thing about me.

**John:** Oh, of course.

**Craig:** I just get – because, you know, I’m definitely not used to this!

**John:** Do you want to take the question from Paul?

**Craig:** OK, why not? Paul from the UK asks, “I’m a first-time screenwriter based in the UK. Through a random discussion with a friend in LA who has a production company with a released film I’ve had a request to send my script across. I keep thinking of your No Work Left Behind episode. And whilst this person is a friend I’m naturally cautious about sending a script 5,437 miles where I then have no control.

“Registering the script with the WGA is impossible if you’re not physically based in the USA. And the script vault in the UK seems to act as equivalent but doesn’t answer the geography problem. I am very aware that this is an opening, but I need to be sure that my derriere is suitably covered in the very possible event the content ripped off. Can you please help?”

John, we can definitely help.

**John:** We can definitely help. So, Paul from the UK, send your script. Send your script to this person. To anyone listening, stop worrying about someone stealing your script and stop worrying about theft. So the very possible event the content is ripped off, it won’t be. That doesn’t happen.

You need to be like whoever wrote Blonde Ambition and actually share your script with people so that people can read it. Because it is doing you no good sitting in England where no one is reading it. What will also not do really any good is registering it with the WGA office or with Script Vault or any of those services. Those are kind of proxies for – they’re not copyright protection in a real meaningful way. I don’t even know what the laws are in the UK, but you basically have copyright when you wrote the thing. If there’s a real copyright office you can send it off to in the UK, fine, do that, whatever. But real people don’t do that very often. What they do is they send scripts to people who want to read them and so those people who read the scripts say, “You’re a good writer. I want to make this thing or hire you to write something else.” That is why you wrote that script and that’s why you need to send it.

**Craig:** Yeah. And let’s also draw a little bit of a line in the sand between your circumstance and what No Work Left Behind covers. Because No Work Left Behind is when producers or executives are soliciting writers to come and write something for them. And then ask those writers perhaps to be prepared to talk about a first act or second act or the whole story. And you may come and you may be reading off of a document you’ve written to help you get that job. Don’t leave that document behind because they haven’t paid you for it. That’s a different situation. That’s a solicitation of work.

Or if, for instance, someone says I would love to hire you to write such and such part three, but can you write the first ten pages so I could see how you would approach it? No. You can’t do that either. So that’s called writing on spec and all of that is unacceptable. You cannot write at an employer’s request something new that is derived from their stuff without getting paid.

In your circumstance, you’ve written a script. You own it. They have no rights to it in any way, shape, or form. Absolutely send it. Send it freely. Send it without concern. And hope that they love it enough to either buy it from you or perhaps hire you to do something else.

**John:** Absolutely right. I understand why people get confused by No Work Left Behind in a sense of like, oh, then it means I can’t ever give people documents. No, no, no, that’s not true. It’s only if they are asking you to write up something for them, work that should be paid work that they’re asking you to do for free. Don’t do that. That’s not a good thing to do. And that hurts everyone when you do that.

**Craig:** Right. Exactly.

**John:** All right. Let’s get to our One Cool Things. My One Cool Thing is an Instagram account by Sam Marshall called Breezeblockhead. And so I came across this from Austin Kleon. Craig, if I say Breezeblock do you know what that is off the top of your head?

**Craig:** I do not.

**John:** So click on the link and you’ll see like, oh, it’s that thing I didn’t know what the word for that is.

**Craig:** Oh, cinderblocks.

**John:** Yeah, the cinderblocks that are designed with patterns so that when they’re stacked up neatly they form walls but that air passes through. We associate them largely with midcentury modern design. I think about them a lot in Palm Springs. But they’re actually global and you see them in a lot of places. And they’re just really cool. So they’re probably one of those things that you kind of like but never really knew what they were called or why you liked them.

So this Instagram account is a good collection of what you might see there. And it will probably inspire you to just notice them more when you see them out in the world.

**Craig:** Breezeblocks.

**John:** Breezeblocks.

**Craig:** This reminds me, I believe in the second season of Westworld when we see the real world house. I think there’s a Breezeblock wall.

**John:** Uh-huh. Yeah. I mean, anything that is sort of cast concrete sort of gets you into that sort of Frank Gehry kind of space.

**Craig:** Cool. Excellent. My One Cool Thing comes from the puzzle world. You know I’m a puzzler. And there’s a great guy named Eric Berlin. I’ve had the joy and pleasure of puzzling with him on some of the more advanced puzzle hunt things that happen, like the MIT puzzle hunt. Or, no, it’s the Galactic Puzzle Hunt. I can’t remember the name. Honestly, I’m the dumbest person on the team. That’s the important thing for you to know. And Eric is not one of the dumbest people on the team. He’s one of the smartest. And he also creates daily puzzles on Twitter.

And he has a book called Puzzle Snacks which is great which is available. And he has a whole site for Puzzle Snacks which is at puzzlesnacks.com. And what I like about them is that they are a great variety of word puzzles, different kinds of puzzles, mostly centering on words. But they’re not too hard. They’re not too easy. They’re not too hard. And he also has specific ones for kids which I think is great. And he even breaks them out by age, so for instance your daughter/my daughter are both 14. So, they can kind of do the adult ones with as he puts it the occasional nudge. But if you have a kid who is 12 or 10 or eight then you can kind of gauge for that as well.

So, anyway, very cool. And he’s a great guy. Eric Berlin. So check it out. And you can subscribe at like $3 a month and you get bonus puzzles and things. So, yeah, if you’re a nerd like me, and I hope you are, check out Eric Berlin’s Puzzle Snacks.

**John:** Great. I have follow up on two of your previous One Cool Things. And so you had recommended Dig It, a puzzler for iOS. I ploughed through all the levels. I got the additional levels. I am waiting for the next level pack. It has become my go to sort of time-waster game. So thank you for that.

**Craig:** Love that. I’m still not done with it. Good job.

**John:** Also thank you/curse you for that. Also a previous one of your One Cool Thing recommendations was Lab Rat, a terrific escape room that we did yesterday.

**Craig:** Yay.

**John:** And it is genuinely great. And so I like that it uses the mechanics of escape rooms and pushes the form in a slightly new direction. And it was just very, very well done. So, good recommendation. And I actually got to meet one of the writer-founders-creators of that thing at a WGA event. He’s a new WGA member which is exciting.

**Craig:** Great. And how many people just out of curiosity did you take into Lab Rat?

**John:** We took in seven people to Lab Rat which was a good number.

**Craig:** Good number.

**John:** Including Scriptnotes producer Megana Rao was there. So we had a good team.

**Craig:** Fantastic. It’s wonderful. I actually went with another group and just watched them.

**John:** Aw.

**Craig:** Occasionally if they needed a hint I’d give them a little mini hint. But it was just so much fun to watch them do it. It was great. Loved it.

**John:** So I don’t think this is a spoiler in any meaningful way but in terms of the form of escape rooms evolving in talking with the person who was running the room I said what’s the escape percentage. And he’s like, “Oh, we don’t actually think about that anymore.” We want people to experience the whole story. So we will provide hints if we need to provide hints so they can actually find their way out. And so we didn’t end up needing that many hints, but I thought that was an interesting way of approaching it is not approaching it as a pass/fail but sort of how you get through the experience.

**Craig:** Yes. It is – I’m seeing it more and more. Because there are rooms where it really is, look, you need to be smart and power through these things or you’re going to run out of time. And that’s fine. Because there’s not a huge narrative to them per se. But in some of the rooms where they’ve really invested in the narrative elements, they want you to see the ending. So, they’ll definitely kind of nudge you along. And they’re really good about it. Especially not like nudging you too soon.

**John:** Yeah. Great. That is our show for this week. Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli. Our outro this week is by Alex Winder. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter Craig is @clmazin. I am @johnaugust. That’s also a place where you can send links to How Would This Be a Movie.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts.

You can find all the back episodes at Scriptnotes.net. Or download 50-episode seasons at store.johnaugust.com.

Craig, thank you so much.

**Craig:** Thank you, John.

**John:** And congratulations again, sir.

**Craig:** Thank you so much.

Links:

* Addiction & Mental Health Panel organized by [Hollywood, Health & Society](https://hollywoodhealthandsociety.org/about-us/overview) Wed, July 31, 2019. Follow along with the live-stream [here](https://www.facebook.com/events/801699256892361/) at 7:15pm PDT.
* [Pinboard for bookmarks](pinboard.in)
* [Wikipedia 8chan](https://en.m.wikipedia.org/wiki/8chan)
* [Destroyer of Worlds](https://members.tortoisemedia.com/2019/06/29/8chan/content.html) by Nicky Woolf
* [Multiverse](https://en.m.wikipedia.org/wiki/Multiverse), [Mirror Universe](https://en.m.wikipedia.org/wiki/Mirror_Universe) on Wikipedia
* [Scientists are searching for a mirror universe. It could be sitting right in front of you.](https://www.nbcnews.com/mach/science/scientists-are-searching-mirror-universe-it-could-be-sitting-right-ncna1023206) by Corey S. Powell
* [Lisa Ben](https://en.m.wikipedia.org/wiki/Lisa_Ben) on Wikipedia
* [The First Lesbian Magazine](http://outhistory.org/exhibits/show/queer-youth-campus-media/media/vice-versa-the-first-lesbian-m) by Erica Davies
* [Breezelblockhead](https://www.instagram.com/breezeblockhead/) on Instagram by Sam Marshall
* Eric Berlin’s [Puzzle Snacks](https://puzzlesnacks.com)
* [John August](https://twitter.com/johnaugust) on Twitter
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Scriptnotes, Ep 407: Understanding Your Feature Contract, Transcript

July 11, 2019 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2019/understanding-your-feature-contract).

**John August:** Hey, this is John. Today’s Scriptnotes was recorded live at the Writers Guild West where Craig and I led a panel explaining how contracts work when you’re hired to write a movie.

During the presentation we had slides that showed the legal language we were discussing. You can probably get the gist without the slides, but to really get the most out of this you should download the PDF and read along. To do that follow the link to the show notes, or just go to johnaugust.com and look for this episode. I’ll be back at the end for some housekeeping. Enjoy.

Hello and welcome. My name is John August.

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

**John:** We host a podcast called Scriptnotes, which is about screenwriting and things that are interesting to screenwriters.

I can’t promise you that this is a thing that is interesting to screenwriters but it’s a thing that’s very important to screenwriters, which is your contract.

**Craig:** I’ll make it interesting.

**John:** Craig is going to try to make it interesting.

**Craig:** We’ll give it a little zhoosh.

**John:** So some folks are going to listen to this at home and so I want to give them a sense of the place that we’re in. And we’re in the multipurpose room of the Writers Guild of America West building. And often, this space was offered to us to record a show. And Craig said he wouldn’t come here because this is where dreams come to die.

**Craig:** Yeah. This is a brutal room. It’s a perfect rectangle of doom. The carpet is just pediatrician brown and it just always felt oppressive. It was always three degrees too hot. No air. And I walked in tonight and oh my god it’s so much nicer.

**John:** Yeah. Let’s give applause for this new look. This room has improved greatly. So we have an audience of writers, obviously, a bunch of them are feature writers. And tonight we are going to talk about what to look for in your contract. Because I remember getting my very first writing contract. It was for How to Eat Fried Worms which was an adaptation. And I was so excited to get my contract and I read through it and I could not understand it for the life of me. I was just kind of blindly signing. I had to get it notarized. But that got me paid. And so I loved it for that.

What was the first contract that you signed for writing?

**Craig:** It was for Rocket Man. Not the current movie. Not the good one.

**John:** Ha.

**Craig:** But 1997, Walt Disney. And like you I was – you know, well, I’m a student and I was kind of interested so I flipped through and I read through everything. And I tried to understand it as best I could. It did seem to me that there are a lot of things in here, I mean, we concentrate on how much we get paid, but there are a lot of things in here that actually do impact how we do our job, what happens to us in success, how we’re taken care of, how we’re not taken care of. So, it’s actually good to understand how this all works.

**John:** All right. So over the years we’ve picked up some experience but not nearly as much experience as the actual real lawyers on this panel.

**Craig:** Yes.

**John:** Firstly welcome up Laurie Espinosa. Laurie Espinosa is the Senior Director of Contracts for the Writers Guild of America West and has nearly 17 years of experience with the WGA. Laurie has extensive experience interpreting and enforcing all aspects of the WGA theatrical and television basic agreement with a particular focus on separated rights issues. Separated rights are important.

**Craig:** Yes.

**John:** Laurie obtained her JD from the USC School of Law and her undergraduate degree from the University of Wisconsin – Madison. Laurie, thank you for being with us.

**Laurie Espinosa:** Thank you.

**John:** Next and final up we have Ken Richman. Ken Richman coming up. Ken Richman is a Managing Partner at Hanson, Jacobson and a whole bunch of other people’s names where he reps a ton of writers including me. I just found out that he got his degree from Harvard so congratulations Ken Richman. Ken Richman!

Thank you both for being here. I thought the best way for us to actually go through this would be to actually look at a real contract. And so then I was daunted by like this is a 60-page document that we’re going to be copying for 170 people in a room. That wasn’t going to work. So in this room we’re going to be looking at some slides. And so the slides are behind us. We have in front of us a thing that will be a PDF down the road that people can download.

What we did is with Ken’s help tried to find the very basic things you’re going to see in a contract. So, this isn’t one specific contract. It’s sort of an amalgam of different things. But it gives us a jumping off place for talking about the kinds of stuff you will see in your contract. So we’re going to kind of go from page one through it, but just talk about the sections and see what’s there and what are the important things to look out for if you’re a writer.

**Craig:** But before we actually dig into the contract we should probably talk about the things that happen right before the contract, because before you – so this is the long form, the dreaded long form. But before that ever happens there’s usually some sort of agreement and a deal memo. And right off the bat you’re probably, no OK, well how much am I getting paid? How many steps am I guaranteed? How many optional steps are there? What is the price per step? Is there a credit bonus? What’s that going to be? How much time do I have to work on this?

All those basic things are there in that kind of initial.

**John:** And so that initial round or discussion that’s where you’re talking with your reps about like they’re going back and forth and they’re figuring out how to do stuff. And they say like, OK, we’ve got a deal, it’s these points. And, great, and so that’s the thing that I’m scribbling down on my little notebook. And then weeks or months later I see the final contract and it’s Ken Richman who is negotiating those important stuff in the contract.

So when I see the contract I recognize those things that I had written down, but there’s so much more and it’s Ken’s pencil notes over everything. Ken, just in a general sense when there are deal points settled are they done or does stuff vary after that point?

**Ken Richman:** Sure. What Craig summarized is pretty accurate in that we will have negotiated what are the writing steps, how many steps are there. And we’ll see in a contract how it’s reflected. But how many guaranteed steps? Is there one guaranteed step? Are there two guaranteed steps? That’s for sure negotiated. How many optional steps are there?

And then what is the money attributable to each of those steps? Furthermore we absolutely will have negotiated what kind of credit bonus there is. And those are the key points that will have been negotiated.

**Craig:** And they stay essentially firm?

**Ken:** Those are very unlikely to change. You know, in this business for the most even though this contract is going to need to be signed for sure in order for you to get paid, those points really will not have changed. And I will just point out in the entertainment business not all contracts do get signed. Often depending on what studio you’re dealing with–

**Craig:** Can I tell you something? I never signed my contract for Chernobyl. It’s unsigned.

**Ken:** I believe you. And what I was going to say is depending on what studio you’re working at, depending on whether it’s an actor deal or a director deal or a writer deal it may never get signed, depending on whether it’s film or TV. But I will say as a general matter a feature writing contract is going to get signed or you’re not going to get paid. And so it is going to get signed.

**John:** And Laurie at what point are you tending to see feature contracts? Is it usually when there’s a problem, when something has gone wrong? Is that when you’re seeing these contracts?

**Laurie:** We usually see them after they’re signed and sometimes not until credits are done, in which case our credits department will ask people for the contracts so they can confirm that the writing was done under our jurisdiction. Sometimes it helps with determining the order of writing services.

**John:** Great. Well let’s going to get into a contract. And we’re going to have a bunch of stuff to talk through as we hit different slides.

**Craig:** This is going to be so much fun.

**John:** Oh my god. It’s like [crossover] but in audio form.

**Craig:** Here we go. Deep breaths.

**John:** Your contract will start with something called a Memorandum of Agreement. This is the thing. And the stuff that I have redacted here is actually helpful. These are the variables that are going to get plugged in. So the date, who the studio is. In this case it’s Wet Dog Pictures. The writer’s loan-out corporation. The writer’s name. And the project entitled Movie, so the name of what they’re anticipating this being.

Let’s start with the loan-out company. So my first deal was for Go. And it was just me. I signed it as me. I had no loan-out company. What is the common perception of when a writer needs to have a loan-out company today in 2019? When does that happen, Ken? What is the recommendation? Because it was because of you that I got a loan-out company. So what is the advice now?

**Ken:** Yeah, I think different accountants, different business managers might give different advice, but I think generally speaking once people are steadily working, feel confident they’re going to have a steady income it tends to be recommended to form a loan-out. You get better tax treatment. You can take better advantage of deductions. And so I would say that the vast majority of clients with whom I work have formed a loan-out by then.

If it’s your first deal, you’re not sure when the next one is going to come, it may not be time yet. But we would talk about it and we’d have a discussion of what do you think the next year looks like, what do the next few years look like, what’s going on.

**Craig:** The thing about these loan-out companies in terms of these contracts is you will see sometimes if you’re signing a certificate of authorship, I assume you guys have seen those things, which can get your paid prior to the whole thing. A lot of times what they’re asking you to attest to is the essential falsity of the corporation. The corporation is hiring you and the corporation is saying we promise he’s going to do this or she’s going to do this and they’re responsible. So it’s just connecting the company to the person.

**John:** Nice. Next we’re going to see Conditions Precedent. Ken Richman, tell me what’s actually happening on this thing.

**Ken:** OK, so what’s happening here is this provision is basically saying here’s some things that need to happen before you can actually get paid. So generally speaking the first of those is signing your contract. And so that’s there. The next thing that it says here is that the studio approves the chain of title for the picture. So this basically means if there’s any underlying material, if they needed to acquire a book or an article or life rights they’re going to need to have gotten an agreement for that before they will pay you.

And I should point out that’s really important because you know let’s say you’re writing a movie and it’s based on a book, if they’re still arguing with the author of the book or that person’s representatives as to the terms of their contract and that contract is not done yet they’re not going to pay you. And I’ve absolutely seen situations where writers sometimes get impatient, they have a window of opportunity to start working so they want to start working, and then I’ve seen situations where the underlying rights deals never close because the deal between the author and the studio blew up and now the writer has spent a bunch of time working when they shouldn’t have yet and they never get paid. And that’s really problematic.

**Craig:** This is kind of our paragraph one red flag. Right off the bat this is something that you should look really, really carefully at. This is a kind of clause here, 1.2, that you may sometimes say no. I mean, come back when you have the stuff. Or just say you have it now.

**Ken:** And the other thing I would just point out is sometimes also in this conditions provision you would have other people’s agreements. So for example if there are producers on the film, if there’s already a director on the movie, if somehow having you write was conditioned on an actor becoming attached to the project, those will be listed here as well. And so you definitely want to have a discussion with your representatives in terms of what’s the status of those, what’s going on to make sure–

**John:** Because you cannot start writing. You cannot be paid for the writing you’re doing until it’s clear. Next up, Engagement, Assigned Materials, Separate Projects. 2.1 says Loan-Out. So we were talking about loan-outs before. So loan-out they’re not hiring me directly they’re hiring Quote-Unquote Films. Quote-Unquote Films is – they’re cutting a check to that company. But that company is just me.

**Craig:** And if you’re company says something it’s like you saying it. And if you say something it’s like your company is saying it.

**John:** Mostly Quote-Unquote Films is a way for me to shield profits from Craig Mazin on t-shirt sales.

**Craig:** I’ve gotten nothing.

**John:** That’s really what it is. Any red flags with loan-outs, it’s just there because it’s there.

**Ken:** I’m not super worried about that provision.

**John:** Assigned Material. This is a red flag for us. For assigned material a “lender and artist acknowledge and agree that television results of artist’s writing services shall be based and derived from the assignment material including, without limitation, the following.” And there will be a list. Craig, you’ve encountered this.

**Craig:** Well sure. So sometimes you know what the assigned material is. You’re coming in and somebody is saying to you we need you to rewrite something. Well right off the bat one piece of assigned material is all of the scripts prior to your employment. If it is an adaptation, if there’s a novel or it’s a remake of a movie or a song or something that would all be there.

But this is incredibly important because sometimes writers think they’re writing something original and they’re not. Because the studio will occasionally assign material that they didn’t know they were being assigned. And this becomes a huge issue when it’s time for credits because the way the Writers Guild evaluates credits there’s what they call an original project or a non-original project. That has nothing to do with the quality of your writing. It is entirely about this.

If anything is assigned material and it is of a story nature they’re going to move it over into the non-original bucket. It’s a whole different set of rules. You are not entitled to a guaranteed shared story credit. And you will be behind this in line chronologically when it comes time to determine credit.

**John:** Laurie, you must have encountered this.

**Laurie:** Yes, and it can also impact your entitlement to something called Separated Rights which we’ll probably talk about a little bit later. Essentially is a benefit of the guild agreement that goes to the writers of something original. So if there is something of a story nature assigned in the contract it can definitely impact that and it changes the rules for the writer even being able to get separated rights.

**Ken:** Yeah. And I should also just point out sometimes even when you know technically there have been prior writers, the creative executive or someone may have said to you I want you to throw that out. I don’t want you to pay any attention to it. I just want you to start from scratch.

**Craig:** Don’t read it. Yeah.

**Ken:** The reality is it still counts as assigned material. So as the guys were just saying when it comes time to determining credit it’s still considered a rewrite so all of that material that was done prior to you will absolutely come in for the credit determination, even if you never looked at it. And so this is really important even if you think you’re starting from scratch if there have been prior writers.

**John:** One thing to bring up also, Craig and I were talking about this backstage, is the Romeo and Juliet problem. And so let’s say under this, you’re doing a modern adaptation of Romeo and Juliet, if they list Romeo and Juliet here in this place then it’s an adaptation of Romeo and Juliet. It is not an original thing. And that’s frustrating.

**Craig:** Yeah. When you’re dealing with stuff that is in the public domain they cannot possess it, but they can assign it, which is weird. And so you might want to take a look at that especially if you’re the first writer coming in to say if you don’t have to assign me this don’t.

**John:** Don’t. Yeah.

**Craig:** Because just like that it’s now an original project.

**John:** Yep. Let’s move on to the money. We like the money parts. Writing services and compensation. So we have a couple of slides here. We’re starting with First Draft Screenplay. And so you see here in this first paragraph that this writer is being paid $200,000, which is being split into two steps. $100,000 once–

**Ken:** That’s actually for one step right there.

**John:** I’m sorry. It’s one step.

**John:** Commencement and delivery.

**Craig:** Commencement and delivery.

**John:** So it’s one step, two checks. $100,000 to start and $100,000 when you’ve completed that and turned it in.

**Ken:** Correct. So in this agreement and we’ll see between this slide and the next slide in this deal this writer is guaranteed one writing step. OK, so the deal that was made here was $200,000 guaranteed for a first draft. As John was just saying it’s very normal for the compensation for any step to be paid half on commencement, half on delivery. So that’s what you see here.

As you can see in this provision it basically says the conditions had to have been satisfied in order for you to get paid. And then they will pay you half on commencement, half on delivery. If you flip to the next slide what you’re see then is an optional set of revisions, also sometimes referred to as an optional rewrite. So here it was just one step guaranteed and then there were some optional steps. There’s this one, and then on the next slide it will show another optional step. And so that right off the bat is just something that is very important for you to understand when you’re deal is done which is how many steps are guaranteed, how many optional steps are there.

And I will just say that over the many years that I’ve been doing this it’s definitely been more than a trend of moving away from two-step guaranteed deals to one-step guaranteed deals. So a bunch of years ago most feature deals that we did were if you were the first writer you’d be guaranteed a first draft and a rewrite. And there might be two optional steps, an optional rewrite and an optional polish.

Increasingly now almost all studios try to have it be one guaranteed step and then either two or three optional steps thereafter. Once again, when you get to these optional steps like the first step, half the money would be paid on commencement, and half on delivery.

**Craig:** There’s a few other things you want to look out for in these sections. First of all, nomenclature, if you’re being hired to do a rewrite it will say first rewrite. It’s not going to say first draft. I mean, think of in steps they’ll call them rewrites.

The other thing that’s really important on these options is there’s a window. The option doesn’t last forever. So inside all of those things they’re going to tell you exactly how long they have to trigger that option and there’s a couple of things you’re going to need to know. One is how much time do they have before that option goes away. And the other thing is are there any conditions to that time window. For instance pending availability, or not pending availability. In other words, we have the exclusive right within four weeks to decide if we’re going to pay you again or not for another step. So those windows matter because on the very first thing I did they missed the window and because they decided to make the movie we ended up making more on the optional, you know, non-optional rewrite than we did on the original.

**Ken:** The other thing that comes up here too Craig is that it’ll set forth whether these optional steps need to be done in order or whether they can do it in whatever order they choose.

**Craig:** Right. You want in order.

**Ken:** In order is generally considered preferable, more protective of the writer, because in order means hey we’re going to go from a first draft to a rewrite to a polish. Usually that’s in ascending order of how big the step is and also how much money you’re getting paid for them. And so you don’t want to be in a situation where you do the first draft and they say, “We kind of want to save some money here. Let’s go immediately to the polish even though the step is a pretty big step and they’re going to really want you to do rewrite type work, but let’s just call it the polish.” And so it’s something to be wary of. So hopefully these steps would have to be in order. But even if they’re not and even if they are allowed to jump to the polish you do want to make sure that when you’re getting those notes for what they’re calling the polish steps that it really is a polish. And you’ll see the time periods in a couple slides from now, but is it really a three or four week step, or this a six or eight week step, in which case this isn’t a polish and it’s something to pay attention to.

**Laurie:** Right. It becomes even more important if you’re at minimum and these figures are not. But there’s a big difference between the rewrite minimum and a polish minimum. So if you’re asked to do work that rises to the level of a rewrite it’s definitely important to bring that to us so we can enforce the rewrite minimum for that. Basically a rewrite is changes in story, structure, and dialogue.

**John:** So on the issue of one step deals, so this is a one-step deal we’re looking at. This is the thing we’re trying to push back against and fight against. In this case it’s not in the long form agreement that you’re pushing back against that. It’s in the initial deal-making. This is a guaranteed one-step guarantee, two-step optional. That’s being figured out before any of this is drafted. So in the initial conversation what I would scribble down, I would star the ones that are guaranteed and the ones that aren’t. So it’s not in this stage that you get out of the one-step deal problem.

**Ken:** Right. And you can understand why it’s preferable, right? I mean, generally speaking it means not only that you’re guaranteed more money, because you’re guaranteed multiple steps, but also you know that when you’re writing that first draft – you guys can speak to it – but obviously you’re adhering to what you pitched, you’re doing it. At the same time you know you’re going to have another step and you know when they give you notes that you’re going to get a chance to address it as opposed to feeling like, hey, they can replace me immediately, go to somebody else, which I’m sure–

**John:** Which leads to a lot of free work.

**Craig:** That’s just the tip of the shit iceberg that this thing causes.

**Laurie:** The other thing is some other terms of a contract are contingent on fixed compensation. So only the steps that are guaranteed are going to be included when that calculation is done, such as sequel payments.

**Ken:** With that said, I should just emphasize there has been a real strong movement towards the one-step deal, so I don’t want it stated as if–

**Craig:** I think everybody here is well aware of that.

**John:** All right. Let’s move on to 3.5 Fair Compensation. Who can explain fair compensation?

**Craig:** It’s fair.

**John:** It’s fair.

**Ken:** It’s reasonable.

**John:** So basically this means that you’re doing this for money. Is that all that this is telling us?

**Ken:** Yeah, essentially this isn’t the most impactful provision, but basically it’s saying hey look you understand that even if this movie is never made, even if this movie is made and you don’t get credit on it and therefore you don’t get a credit bonus or profit participation, if all you ever receive is that guaranteed money that you were paid for that first draft that was fair. That was it. And you’re not going to come back and complain.

**Craig:** Right.

**John:** All right. 3.6 is your bonus. So let’s say the movie gets made, you get a bonus. So in this case the writer is getting a bonus for a sole screenplay by or written by credit upon final credit determination by the Writers Guild of America, the MBA. This writer is going to be getting $500,000 upon final credit determination. For shared screenplay or shared written by this writer is going to get $250,000. So half for this.

**Craig:** This is a slightly odd one. You see this less. So the flat bonus is no matter what you’ve been paid this is what you’re going to get. It’s pretty typical that your shared bonus is about half of what the sole bonus would be. But I think more commonly you will see this against this. So it’s a reducible amount. So then the really important thing is to say, OK, if the bonus is I’m being paid $200,000 against a million dollars, then there’s kind of an implied $800,000 bonus. But you have to make sure you know which of these other steps apply against it. And typically it’s every single thing in here. So, if there’s two optional rewrites and one optional polish, all of that money is going to eat up into that bonus. Which means essentially you’re kind of working for free for a while.

**John:** If the movie gets made.

**Craig:** If the movie gets made and you get credit. It’s just important to be aware what applies against and as you’re going through the process if it’s not working for you and you’re unhappy and you have leverage you can always sort of renegotiate and ask for a new term like an all services deal or a step that’s not applicable. The words not applicable are your friend. You want that. If you’re dealing with a bonus like this it means you’re getting paid and it’s not eating into your bonus.

**John:** Yep. Let’s move onto contingent payment. This will be in your contract. You will never get this money.

**Craig:** The contingency is death.

**John:** So this writer is getting a contingent payment equal to the amount of 5% of 100% of the contingent proceeds of the picture. There’s also the definition of what the contingent proceeds are. You won’t get it.

**Craig:** It’s attached to your contract. It’s a very large – you’ve seen the booklet that they attach on there. Their boiler plate, all of which explains why you’re not going to get it.

**Ken:** A few things here. First of all, this is called different things in different contracts. So here they’re calling it contingent payment or contingent proceeds.

**Craig:** Net profits.

**Ken:** This is also referred to as net profits, net proceeds, defined contingent proceeds. Different studios have different names for them. I mean, as the guys said it is extremely standard for a feature writer agreement to provide for a 5% net profits participation for sole credit, or a 2.5% net profits participation by whatever name for shared credit. As a general matter you’re right, very few movies hit net profits.

It does happen. It absolutely has happened. I absolutely have had a bunch of clients who have net profits as writers on films. Usually it requires – this is not shocking – it usually requires a movie that didn’t cost a ton to make, that didn’t have a bunch of gross players in the movie, and the movie had to perform beyond wildest dreams. Which absolutely happens, but not terribly often at all.

**Craig:** Don’t count on it.

**John:** Don’t count on it.

**Craig:** And also it’s not a negotiable term.

**Laurie:** Have you had to audit companies?

**Ken:** Absolutely. And so in those situations in the context of most movies that either are paying out profits or are close to paying out profits, usually the profit participants, which wouldn’t just be the writer, it would generally be the writer in conjunction with other profit participants, be it actors, director, producers, would jointly hire an auditing firm to look at the books of the movie. And it’s pretty common practice. And keep everybody honest and hopefully turn some stuff up.

**John:** Great. Next, general terms for writing services. So this is actually the page I probably flip to most in my contract to see sort of like, oh, what was I actually guaranteed, what was here. It’s listing first draft screenplay, 12-week writing period, a four-week reading period, first set of revisions which is an option. 10 weeks and four weeks. Then polish is four weeks and four weeks. I will look this up because to remember where am I at in this deal, sort of what step am I on. How long do I have to do these things?

**Ken:** Yeah, and a few things that are important here. You know, once again let’s just be clear. Under first draft it says start of services is upon satisfaction of the conditions. OK, so you’re not technically supposed to be starting until those are satisfied. You’re not going to get paid until they’re satisfied. As John was just saying it specifies the writing period for each step. Obviously it’s in declining number of weeks as the steps get smaller. The reading period there corresponds to what Craig was talking about earlier about option periods. So basically in the situation like this where there are optional steps they have to exercise that optional step within that four-week period of delivery of the previous step, otherwise they lose that option.

As we’re about to talk about in a couple slides now, they have the right to exercise the step but postpone it. And we’ll talk about what happens if they do that, but they do have to exercise their option within four weeks.

**Craig:** And that’s going to roll us right into exclusivity which essentially tells you when you are required to only work for them. Like all of these things, the issue that you deal with is it’s enforceable if there’s a conflict. This comes up all the time obviously. And generally speaking things get sort of worked out.

But by and large when you’re in a writing period you can only write for them, for no one else in features. And in the reading periods, those four-week times, it’s typical that it’s not exclusive. That you can go and do something else while they’re reading there. But then when they exercise their option the question is is it subject to your availability or do you have to come back after those four weeks. Those things get worked out in exclusivity.

Again, this kind of a red flag one. You want to be as not exclusive as you can be.

**Ken:** And generally I will say that when we are negotiating deals up front, so before we’ve ever seen paper, usually we will bring up the issue of carve outs from the exclusivity. So just when we’re negotiating what’s your compensation, what are the bonuses, etc., we would also say by the way John has these preexisting obligations on these other projects. Those need to be carved out so that even during the writing periods when he’d otherwise be exclusive he’s not exclusive. And sometimes it’s, hey look, he’s not exclusive but he’s still going to comply with these delivery periods. Or in other instances when it’s crystal clear that there’s no way you can – you may not be able to comply with this if you get called back to your TV show and you have to spend a bunch of time on it. There may be instances when we have the ability to extend time periods as well.

**John:** All right. Great. Point E, commencement of services. Lender and artist acknowledge that only an authorized business affairs executive of the company has the authority to commence artist services. So when the studio executive says, oh no, go ahead start writing, they are not the person who is authorized to do that. And this is a point in the contract to make that really clear that the creative executive can’t commence you. It really is the studio business affairs has to do this. And you must encounter this a lot.

**Laurie:** The MBA actually requires the name of the person who is authorized to commence services. I notice that this agreement doesn’t have that. It’s not supposed to be generic. Or maybe it has it somewhere else.

**Ken:** I think John may have cut it off, but I think it goes on to say it.

**John:** So there’s one person specifically who you’re supposed to be delivering things to and one person who can say, yes, go ahead and start writing.

**Laurie:** Exactly.

**Craig:** For commencement this is actually pretty easy because they want you to start writing and so you just make sure that your attorney says, OK, you’ve been officially commenced. Once you hear that from your lawyer you’re good to go.

**Ken:** The bigger issue is commencement of subsequent steps because have I been commenced on that second step–

**Craig:** The option.

**Ken:** And optional steps, exactly.

**John:** Oh, so much text on this slide. Deferred services. So this is getting back to that place of they can say start but also start but wait.

**Ken:** And what this is basically saying is they have the right in this provision, in this contract, to postpone any step for up to 18 months. But if they do so what this goes on to say is if they’re postponing a step they have to pay you as if they had timely ordered it and you had timely performed services, OK. And then you will do the step later when they ask you to do it, subject to your availability. So if they don’t have you start within the four-week period they were supposed to they then have to wait in line until you are available. They’ll have to pay you now and you’ll do it at your next availability essentially.

**John:** In my 20 years I’ve never had this happen. Have you Craig?

**Craig:** No. There have been some instances where we do like a suspend and extend where I’ll say I’m supposed to do this but I just got asked to do something else for two weeks. Would you mind suspending and extending? So we hit pause on this contract and we extend the time by two weeks so you don’t suffer. But I’ve never had anybody hire me and then say, “But by the way we don’t want you to work now.”

**Ken:** It’s happened with optional steps for sure though where they may say, hey look, we know we have this optional polish. We absolutely want to preserve the right to have you do it, but we’re going to wait until a director comes along.

**Craig:** So we’ll pay you now, look that rate in. That’s smart.

**Ken:** It definitely happens. It’s not that common but it does happen.

**John:** Great. Next up, first opportunity. So let’s say the movie gets made and let’s say you got credit on this movie, probably sole credit on this movie, yes, sole credit on the movie, within seven years after the initial general theatrical release of the picture they have to come back to you for sequel or prequel remake. Ken, is this a standard thing you’re going to see in a lot of contracts?

**Ken:** Yeah, couple provisions. You will absolutely see, it’s pretty standard that if you get sole credit on a movie then you will get the first opportunity to do certain derivative works, film or TV derivative works. I will say that the exceptions to that become if it’s based on library material. So sometimes you will get this first opportunity if it’s based on significant library material, but often studios will say, look, we’re not giving it in that sort of instance where it’s a big franchise film that you didn’t create and so you may not have it.

But as a general matter you would. There would be a certain circumscribed amount of time. Here it’s if they’re developing it within seven years of the prior film, if you got sole credit you have to be available when they want you to, and often there are certain parameters to the effect of hey look as long as the budget of this film is intended to be similar to the prior one they can’t offer you any less money than you got on the first one. Pretty normal provision here though, yes.

**Craig:** And Laurie in a case where somebody does get separated rights because they write an original screenplay and they have story by credit, separated rights cover a little bit of this too as well?

**Laurie:** It only covers the sequel payments, not the opportunity to write. So this is a key term to negotiate for sure.

**Craig:** Got it. Thank you.

**John:** Great. So just to make sure it’s all clear, if you have separated rights on a thing you’re going to get paid money for that derivative work, but there’s no guarantee that you’re going to be the person writing that derivative work. Is that what you’re saying?

**Laurie:** That’s correct. You get a sequel payment. So essentially that means if they use one of the characters that you created in that original film in a sequel or a prequel or whatever they want to call it, a new and different story, then you’re entitled to a minimum payment. And oftentimes there’s an above scale amount in the contract as well.

**John:** Great.

**Ken:** The same applies to TV. Yeah, there obviously wouldn’t be a floor of the prior deal and often this provision will require the approval of the relevant network as well, but yes you would generally get a first opportunity to do the first TV production as well.

**John:** Fantastic. Next up, this point C has some definitions, and it says solely for the purpose of determining artist’s first opportunity rights under this previous paragraph. It’s defining what a sequel and a prequel means. And it carves out this point D, it’s not an “ensemble production.” Ken, what’s an ensemble production?

**Ken:** Yeah, I mean, I think what I would just say is first of all usually these definitions are not that complicated and usually we know what a sequel is and we know what a remake is. Although I’m sure you can find reasons to argue about it. What is increasingly starting to happen with these franchise type films and particularly superhero type films is you see these mashups of different films.

**Craig:** This is an Avengers problem.

**Ken:** Exactly, Alien vs. Predator. You’ll see Avengers. There may have been multiple different movies. You may have written one of them. But now it’s being combined with another movie. And so–

**Craig:** Nobody gets the first rights because–

**Ken:** Exactly right. Once again, not a super common provision.

**Craig:** Most people here have worked on The Avengers I would imagine. It’s a thing.

**John:** Yeah. Markus and McFeely are both here in the house. This next point is related to this. So a remake shall be defined as a live action, English-language, theatrical motion picture produced for domestic release that is based on a picture and meets the following criteria. Same substantial number of elements. Repeats the principal story line, at least two the principal characters, and is not an ensemble production which is a loosely defined term.

**Ken:** And all that, you know, once again, some of that is fairly normal, but I would just say you do want to pay attention to, particularly as the world starts getting more complicated is, you know, when it says English-language theatrical motion picture – theatrical motion picture. What happens now when it’s done directly for a streaming service?

**John:** Or Disney Plus?

**Ken:** Exactly. And by the way, the same applies not just to this provision but earlier when we were talking about credit bonuses and other provisions, increasingly it’s unclear what a movie is going to be produced for necessarily and so you want to make sure you’re getting your bonuses and your other entitlements regardless of whether they’re releasing the film theatrically or how they’re doing so.

**John:** Great. 5.5 talks about royalties, which is not residuals. It’s its own separate thing. But I don’t understand this piece. So, Ken, why is this here? What are they talking about?

**Ken:** Generally this goes along with the first opportunity provision. So usually in a contract what it will provide is that if you get – as we just said – if you get sole credit you’ll get the first opportunity to write derivative works. Then there will be a corresponding provision which says that, hey, if you get not only sole credit but also generally sole separated rights, so this is really your creation, then if there are subsequent productions, remakes, sequels, or TV productions that you don’t wind up writing, either because you weren’t available, you couldn’t make a deal to do it, or whatever the reason is, they still have to pay you certain money as a result.

So what this goes on to say is if you look at the sequel provision what that says is that if they do a sequel to your film, and you don’t write it, you will get paid half of the compensation that you got paid on the first.

**Craig:** And these are called passive payments, is that right?

**Ken:** Correct.

**Laurie:** And this is an above scale example of a sequel payment where if you have separated rights there is a minimum for that, but this is more than that.

**Ken:** Correct. And generally that’s for a sequel it’s 50%. For a remake it’s less than that. For TV productions it will be certain episodic payments for each time they do an episode that’s essentially derived from your movie.

**John:** Cool.

**Laurie:** And we have minimums for remakes as well in here that aren’t tied to separated rights, just as an aside.

**John:** Nice. Transportation and expenses.

**Craig:** Gotta love transpo.

**John:** Oh, transpo is so good. So now your movie is in production or you’re headed to a premiere, there’s important places where you need to travel to go to—

**Craig:** I’ll flip to this sometimes first. I’m like are you flying me first or business? That’s a big argument. We used to have an MBA term that we would be flown first and that got rolled back to business, across the guilds. So that’s one area where you can sometimes fight, but they’re getting really good at just saying, no, it’s business all the way.

And then how much money am I going to get paid, my walk around money. And am I going to be accountable for my walk around money. You should not have to be. But this is like a fun part of the contract because I’m like, ooh.

Now one thing to note is that they will break it out by kinds of cities. I have had arguments about what kind of city I’m in.

**John:** Yeah, so when you’re doing Chernobyl and you’re in Eastern Europe are they paying you–

**Craig:** The Vilnius would be on the lower end.

**John:** Lower scale.

**Craig:** But it is a capital city location. I mean, so that actually is a decent argument to have. As it happened in that case because we knew where we were shooting they were just like you’ll get this much for being in a city say like Vilnius. But typically they will break it out as these major metropolitan areas like New York, Paris, Tokyo, or London, and then it kind of goes down from there.

And this is where you’re going to find out whether or not you’re sharing a car from the airport. I don’t really care too much about stuff like that but it’s an area where you can fiddle with things and get some perks, improve your life. It’s certainly a place to look and make sure that you’re not in for trouble, especially if you know that you’re going to be on location. I mean, Universal practically makes every movie in Georgia, which is a whole other discussion. But, you know, everybody ends up spending time there. So you want to know how am I going to be taken care of if I’m say in Atlanta.

**John:** Yep. Next up. Pension, health, and welfare contributions. This contract says that the studio will pay directly applicable pension, health, and welfare fund contributions required by the MBA to the WGA. In no event shall the aggregate amount of such payments exceed the total of all similar payments which the studio would have been required to make had the studio employed that writer directly.

**Craig:** They’re getting around the loan-out.

**John:** They’re getting around the loan-out company stuff. You are in a guild. You’re in a guild space right now. This is really good. I mean, they should – I guess the alternative is they could pay the writer and the writer would have to – I don’t understand why this would never be here.

**Laurie:** Yeah, the writer can’t make his or her own contributions by law, so the company has to make those contributions, regardless of whether there’s a loan-out or not.

**Craig:** Yep.

**John:** Nice. Point 8, ownership and distribution. I take this to read that this thing that you’re writing they own it and they–

**Craig:** This is the big one.

**John:** Yeah.

**Craig:** This is how they built Hollywood, on this paragraph, which says you’re not writing it. You’re being commissioned to write it. Even if it was your idea and you brought it to them. Even if you’ve already written it and you’re selling it to them, they – we engage in this.

Look, the upside to this is because it’s a work-for-hire that means you’re an employee. Because you’re an employee you can be in a labor union. So there’s some good upsides to this. But this is the magic paragraph that says – and it’s my favorite paragraph in combination with the paragraph that says you also warrant that you are writing the material you write. So you have to promise us you’re going to write it and also we’re writing it. It’s basically what they’re saying.

**Laurie:** This is the genesis for separated rights because this is the work-for-hire doctrine that means the company is the copyright holder. And so separated rights basically says that certain rights are separated out from that. And effectively licensed to the writer of original material in perpetuity.

**Craig:** Right. They’re kind of giving us back stuff—

**Laurie:** That you should have, yeah. Nice.

**Craig:** Begrudgingly.

**John:** Begrudgingly. But we should acknowledge that it’s good that this paragraph is here because without this paragraph we cannot be employees and there would be no union. This is a foundational thing that we need to have exist.

**Craig:** Yeah. And that’s why we have – I mean, the whole concept of residuals was essentially to simulate the royalties we would get if we maintain copyright. So that’s all of what we do here is this kind of strange dance regarding work-for-hire. It’s fascinating to a small amount of people. But I’m one of them.

**John:** Point number nine.

**Craig:** Oh yes.

**John:** So, these are the bonus materials and other things that could use your material that aren’t the main thing. And Ken are there important negotiations here or are they just protecting themselves?

**Ken:** Not really. And also what this is also saying is, hey look, if they shot some behind the scenes the footage that you happen to appear in you’re giving them the right to – unless there was something particular going on it’s not something we would generally talk too much about.

**John:** Cool. Assignment. The studio may assign, transfer, license, delegate, and/or grant any part of the rights, privileges, and properties here under to any person or entity. So, this thing I made with you, they could give it to somebody else.

**Craig:** They just have to honor – the person that they sell it to has to assume the burden of all of this.

**Ken:** Correct. And if they were to assign it to some non-solvent entity they would remain [liable, the other studio]. Yes.

**John:** Does this ever become a problem where the guild sometimes deals with studios and producers who are not good folks. Where this assignment thing, they’ve assigned it to a person who is terrible or is coming away from a terrible person. Does this kind of paragraph ever come into your work?

**Laurie:** Well, we already have paragraphs that require what we call assumption agreements to be signed by the distributor or whoever is assuming the obligations. And so like Ken said if that distributor doesn’t honor the residuals obligations then we will still go after the original signatory company.

**John:** Great.

**Craig:** And to become a signatory in the first place you have to show that you have the financial solvency to actually take care of your obligations.

**Laurie:** Right. We require a personal guarantee among other things.

**Craig:** So it’s not like any of you can do it. I’m sure some of you could.

**John:** Some of them can. Part 11, there’s no obligation to use. So the studio is not obligated to develop, produce, distribute, and/or exploit the picture–

**Ken:** Or to have you write it.

**John:** Or have you write it.

**Ken:** Essentially this is sometimes also referred to as a pay-or-play type paragraph. So it’s basically saying, hey look, you can never come after us and say, hey, we didn’t have you actually write it, or you didn’t make the movie. But that doesn’t absolve them of their obligation to pay you your guaranteed–

**Craig:** How do I get this deal where I don’t have to write it? That sounds awesome.

**John:** There have been a couple of times in my career where either a step, things just sort of fell apart. And they still needed to pay me out for stuff.

**Craig:** Oh, sweet.

**John:** It’s nice.

**Craig:** What a life you live.

**John:** Point 12, employment eligibility. So you will have to prove that they can hire you legally in the United States to do stuff. And so they’ll ask for identification. It’s really unclear to me sort of like why some studios want everything and other places are just like, “Just sign here.” But sometimes they ask for a lot more documentation at other places.

**Craig:** They keep them on record. So every now and then some studio will say, oh, you’ve got to update your I9 because after some certain amount of time we think maybe you stopped being a citizen or something. I don’t know. But it’s basically just that you can legally work.

**John:** Point 12.12 is services outside the US. Lender and artist acknowledge and agree that artist shall not render services under this agreement outside the US unless and until, and there’s some conditions here. As more things do go overseas this could become a factor for certain people.

**Craig:** Yeah, I was there. And so one of the interesting things about working overseas is the guild – and correct me if I wrong on this Laurie – has jurisdiction over writing that happens here in the United States. It doesn’t technically have jurisdiction over writing that’s done somewhere else. So if I’m hired by a British company, or if I’m hired by Euro Disney to write something, and I’m positioned physically in France.

**Laurie:** Right. So it is complicated but if you are a resident of the US and the company transports you, which this paragraph seems to allude to, it’s still within our geographical jurisdiction. This is article five of the agreement that has different back patterns essentially about what’s inside and what’s outside our geographic jurisdiction. So you do want to be aware of where you’re performing your services. At some point it may become a test of what percentage of your services were performed in the US versus abroad.

**Craig:** Which becomes super annoying in terms of taxation also. Because sometimes you end up having to say, well, a part of my money is paid to Lithuania and part of my money – but you know. Tax people.

**John:** Yeah. Confidentiality. Lender and artist acknowledge that prior to and/or during lender’s and artist’s contact there’s confidential information. Ken, does this become an important negotiating point?

**Ken:** Generally not. But you can imagine, I mean, what it’s really saying is it’s a couple things. One, they don’t want you running around talking about what your compensation is. And two, also, you shouldn’t be out there publicizing the film, sharing pages, giving secrets away, that kind of thing.

**Laurie:** Spoilers.

**Ken:** Yeah.

**Craig:** Spoilers.

**John:** So I didn’t see this thing about compensation, so is it saying that I’m not allowed – would I not be allowed to talk about how much I got on a project? I didn’t see that in this.

**Ken:** In this one it may not say it. Some agreements definitely do, you know, where they want you to keep the terms confidential. Sometimes.

**John:** Cool. Notices. Any notice pertaining hereto shall be in writing. And it’s saying they can send it by mail, cable, or fax, or telecopy.

**Craig:** Usually cable.

**John:** Cable is how I do all my stuff. Telegrams is the best.

**Craig:** You are no longer working. Stop.

**John:** Ha. But where this cuts off would be the address of like who notices should go to. And that’s important to be in there. And they should be in theory still be sending them to the address that is there. And if that’s no longer the person who is representing you or the place it should go, make sure that gets updated.

**Craig:** Yeah. And notices, the biggest problem that we have with notices comes down to credits. Because there have been some very sad cases where the guild has sent the notice of tentative writing credits to the person listed here, that is the representative of the writer, and that person just doesn’t pass it along, or it wasn’t the right person, or that person was terminated during the writing. So you’ve just got to be really aware of that one. The most important thing there is going to be credits I think.

**Laurie:** Because there’s a very quick turnaround in terms of finalizing the credits.

**Craig:** Correct. And if suddenly two weeks later someone calls you up and says, yeah, so it’s over. What’s over? It can happen.

**John:** Insurance. Lender and artist shall be covered as an additional insured on the studios errors and omissions insurance policy. You want that. That is good.

**Laurie:** That is required in here by the way.

**John:** Great.

**Craig:** Indemnification.

**John:** Nice. Indemnification is – what’s indemnification? Help me out. I don’t even know.

**Ken:** Indemnification is basically saying – usually this will go along with another provision called Representation and Warranties. Where essentially – in general you’re saying as you said earlier this is original to me. I’m the person who wrote this. I didn’t steal this from anybody else. And you’re generally saying but if I did, if I stole this or if I’ve breached this representation somehow I’m responsible and I will indemnify you, studio, for any expenses or liability you incur.

But on the flip side, and that’s what’s addressed here, you studio are going to indemnify me and protect me if there are any claims against me in connection with the film that didn’t arise from my breach of my obligation.

**Craig:** And there will be. If there’s a movie that’s a big movie inevitably somebody is going to wriggle out from under a rock and say you stole my… – And then the studio has to bat that away. You are not on the hook for that sort of thing and I don’t know – honestly, I don’t know of any writer that has ever actually committed some kind of plagiarism or fraud and then been exposed because of breach here. We don’t do it.

**John:** No.

**Craig:** And they protect us.

**John:** Crediting. Over scale cash payments for writing services any credit bonus, or any contingent payment paid to lender and picture shall not be credited against residuals which may become payable to lender and artist for the picture. Basically the money they pay – they can’t take the money they’ve already paid you out of your residuals.

**Craig:** They can’t chew into that. That makes sense.

**John:** Residuals are a different thing.

**Craig:** Correct.

**John:** The premiere! Congratulations. You get to go to the premiere. We talked about the Aladdin premiere. In this case if the writer got sole or shared screenplay by credit or written by credit they get to go to the premiere.

**Craig:** This is where you find out what they really think of you.

**John:** Yes. So this writer, let’s see, artist and one non-business related companion–

**Craig:** Two tickets.

**John:** Two tickets.

**Craig:** That’s what you get.

**John:** To the US celebrity premiere.

**Craig:** You’re getting two tickets to the movie you wrote, to be a theater filled with people that have nothing to do with the movie. That’s basically the deal. But it will detail what the transportation and hotel might be if the premiere is at a distant location, because sometimes it’ll be in New York or somewhere else. So, you know, this is an area where somebody like Ken can, if he knows like OK my client would love to take his family or his friends, this is a place where he can grind them a little bit. But, you know, the attitude on these things from the studio is the premiere is not to celebrate your genius. The premiere is to sell tickets. And sorry, this don’t sell nothing so. And so that’s why they’re a bit cheap on it. But they don’t seem to be that stingy when it comes to producers, do they?

**John:** No. Point 19, YOU GET A DVD. You get a DVD of your movie. Congratulations. You made your movie, you get a DVD.

**Laurie:** You don’t have a DVD player anymore.

**John:** No, not at my house.

**Craig:** Also they don’t send them.

**John:** No.

**Craig:** No. They’ve just stopped. They know we don’t want them. They’ve just stopped.

**John:** Point 21, the cure. No, just a cure. On a one-time only basis – I read through this paragraph two or three times and didn’t really get it, so?

**Ken:** I wouldn’t get worked up about it. It’s basically saying if they would otherwise say that you’d done something wrong, you breached something, you didn’t comply, they have to tell you and you get a chance to correct that mistake. I can’t think of a situation in which that’s really come up in this context.

**John:** So you get one whoops.

**Craig:** You get two days to buff that out.

**John:** Point 22, WGA MBA. Artist’s services hereunder shall be subjected to the terms of the MBA. At this point Laurie points to her big purple notebook, spiral bound. This is our MBA, the basic agreement, which has all the rules of how the Writers Guild and the studios do stuff together.

**Laurie:** Right. And this is an agreement between the guild and the studios that’s enforceable in the same way that this agreement is enforceable. So we have two things going on simultaneously. But in no event can an individual writer agree to something that is less favorable than what’s in the minimum basic agreement. And that’s the whole point of it. So even if there were something in the agreement, and oftentimes there is something hidden in the standard terms and conditions or somewhere else that is a violation technically of this agreement. It’s not enforceable by the studio because they have agreed to do this.

**John:** Yes. So you can’t go lower than this. This is the base and everything has to build up above the MBA.

**Craig:** And this is essentially the paragraph that tells you you’re working on a WGA project. You are not allowed to work – if you’re in a covered work area you can’t not have this in your contract.

**Laurie:** Right. And by the way making sure the company that’s listed in the contract is signatory is a critical thing. It’s not always a studio and you might not always be absolutely certain that this particular entity is signatory. So you can always call the signatories department to confirm that.

**John:** Yeah. This wouldn’t be a Scriptnotes podcast if we didn’t rail on Bob Weinstein once.

**Craig:** Let’s go. Here we go. Everybody line up.

**John:** My second project they tried to hire me under the non-signatory thing. And like, no, I am a guild member. You have to hire me under their signatory branch.

**Craig:** That’s weird because their adherence to ethics is notorious. I’m not sure what happened there.

**John:** Mm.

**Craig:** Hmm.

**John:** Now we get to the exhibits. Exhibit A, writer’s certificate. And so this says as of date the undersigned certifies that for valuable consideration, basically there is an agreement here between movie, Wet Dog Pictures–

**Craig:** You’re paying me to write it. You’re paying me to write it and I’m writing it. And this is the thing – the invention of this is the greatest because I don’t know when I started if they had these frequently.

**Ken:** Basically the certificate which will be, they vary at the different studios, but a very short document which basically just says, hey, we own what you’re doing and you represent more that you didn’t steal from anybody else, etc. Because usually what the studio may do is they may take this, they file it in the copyright office, and it’s just a simple document. It doesn’t have any confidential terms. It doesn’t have any money in it. It’s just their way of putting out there publicly that, hey, we own this thing without having to reveal any private details.

**Craig:** Right. And then that in turn gives them the comfort to pay you your commencement even though somebody like Ken is trying to figure out how many dollars you get for a trip to Tokyo, you know. Because that can take a really long time. And every one of these contracts I’ve ever had my lawyers red line through dozens of things. And some of these things are important. But if you really have to wait for this whole thing to be done months will go by, or as we said earlier it never happens.

**John:** Yeah. Exhibit B is a thing I’ve never had to actually do. Procedures for annotating the screenplay.

**Craig:** I had to do this.

**John:** You had to do this for Chernobyl.

**Craig:** Yes.

**John:** This is marking up sort of the stuff that is in your script. Who are real characters? What are real places? What you changed and where you consulted to get the information in this? So I know you had to do this for Chernobyl, marking up.

**Craig:** Yeah. I was back in 11th grade and I was doing a bibliography and citations and everything. Because, I mean, the company had their own person that goes through it and does his own thing of like, OK, yeah, you didn’t make this up. Because they’re protecting themselves against you defaming people or you just saying things that are wildly incorrect. But you may have to do this. And this is something that I think a lot of people are caught unawares. There are people that will help you do it. There are people that can hired to essentially assemble the annotated screenplay form with you. But, yeah, if you’re working in a space where you are adapting or representing true facts, someone’s life/history, you’re going to be on the hook for this.

**Laurie:** And that ties into the representation and warranty section that you were mentioning earlier. And the company is supposed to notify you upfront if you’re supposed to be annotating.

**Craig:** Yes.

**Ken:** Because usually in those reps and warranties it will say, hey, you are not writing about a real person unless you tell us you are. Exactly.

**John:** So, we made it through the end of the contract.

**Craig:** Let’s do it again!

**John:** Let’s keep in mind this is the contract for them paying you to write something. This wouldn’t be exactly the situation if you wrote a spec script and you were selling it to a place or optioning it to a place. So Ken could you quickly talk us through what other things would we see in a spec sale? Would it be a separate contract completely?

**Ken:** Sure. It depends on the studio. So, if you’re selling a spec it might be one contract or it might be two. So, if it were two you might have one which is essentially called a screenplay purchase agreement. Or it were an option purchase agreement it would be an option purchase agreement. And then separately you might have a writing agreement.

**John:** Great.

**Ken:** And so the writing agreement would look very much like what you just saw. And the purchase agreement, not terribly complicated other than there’s a purchase price for buying the script and then it would have a whole host of assignment type language where you’re assigning all rights over to them, once again featuring representations and warranties and indemnities. But the two together would have you transferring ownership to them and then also discuss the rewriting you’re going to do of your own script.

**John:** Great. Because we’re the guild I’m going to talk a little guild stuff here. The Start Button, just show of hands, who here knows what the Start Button is, feature writers? Oh, that’s better than I would have guessed. Who here has used the Start Button? Shorter number. But let’s talk through like how this ties in with your contract. Because the Start Button is a service that’s on the website right now. With the Start Button when you start writing on your feature project or a pilot it also works well you’re going to go in, you click Start Button, and you say create new project. You’re going to create a new project and you’re going to go into little fields and fill stuff out that says what the title of the movie is, who it’s for, the person authorized to accept delivery per contract, exactly the thing that Laurie stressed. Who the producers are.

Once you have your contract you’ll click that little button there and upload your contract. You’re supposed to be doing that. And actually feature writers are much better than TV writers. So, we’re awesome. We tend to submit our contracts. But then you’ll put in your steps. So, a step, what is a step? Well we talked about that. A step is, you know, first draft, your optional rewrite, your optional polish. You’re going to put that information in and say how long you’re expecting to be working on those things. And it will kick you back an email when that time is about to run up saying like, hey, how’s that going, is everything good? Is there a problem? Do you need the guild to help come in?

Because TV writers, they get paid on time because they are making a show every week. Feature writers, we don’t get paid on time because they just don’t. And so we want to make sure people are getting paid on time. And the way we can do that is by using this and letting the guild be the bad guy at times. You know, your reps should be the bad guys, but sometimes your reps aren’t doing a great job being the bad guys.

**Craig:** Reps. These reps you speak of.

**John:** But let’s let the guild do that, because the guild is really good at collecting money and doing that. And so try using the Start Button on your next project. I’ve used it regularly because we were testing it and it does help. It reminds you also because, you know, the thing like wait how long is my writing period? Look at your contract. Look at the notes you scribbled down. It gives you a sense of just a little bit more control over the process from your perspective.

And then lastly guild wise, I’ll point out that this working rule number three says like you know what you actually are supposed to be sending in your contract. That’s how the guild sort of knows what’s happening out there, what people are working on, and what are the common points. So you see a ton of contracts, but with more contracts you see like how many one-step deals are really getting made. Well, we’d know because we’d see all of the contracts.

**Laurie:** Right. I mean, there’s really a dual purpose for us collecting the agreements. One is enforcement. We tend to be able to guide writers through the process even when they’re making a deal, but especially after they’ve made a deal we can check to make sure the terms comply with the MBA and we can enforce it. And really also another major purpose is just gathering information to support the guild’s strategic goals. Just like you said, what’s happening in the industry, what are the trends, and what are the problems that keep arising.

**John:** Yeah. That is it for our official presentation, but we do have a few minutes to take any questions if people have questions. Craig says he’s going to the bathroom. We’ll see if he returns.

**Male Audience Member:** Yeah, I don’t know if that has to do with favored nations, would that be something that’s in the contract, favored nations? And the other thing with the Start Button, if that would be if – in other words if you’re already in the process of you getting paid, or is Start Button like if you’re writing a spec script but nobody made a deal yet?

**John:** Great. So I can address that first part. The Start Button is more for when you are getting paid because it’s really about sort of this person is paying me, I’ve started working on it, and I’m delivering it. And there’s an expectation that I’m going to be paid for it. So it’s not really a planning thing like that. It’s really more for you’re being hired as a writer for things. But let’s talk about favored nations and most favored nations. Where would you see something like most favored nations show up in a writer’s contract?

**Ken:** It’s not a terribly common term for feature writing contracts because as a general matter, you know, so favored nations or most favored nations is terminology which basically means you’re going to be treated no worse than anybody else. OK. And it comes up all the time for actors where my trailer is going to be no worse than anybody else’s. Or sometimes a profit definition where my definition is going to be no worse than anybody else’s. Or my credit will be no smaller size, or that sort of thing.

In a feature writer agreement it’s much less common just because as a general matter you’re the only writer at that time doing it. So, it wouldn’t come up very often. TV writer contracts sometimes in other ways. But not very common for features.

If you had two or three writers writing at the same time, but usually from a compensation perspective usually they will have each made their own deals. Sometimes when you’re doing like a roundtable deal where there’s multiple writers coming in for the same – to all work for a day on a project, it would be a favored nations deal where everyone is getting the same compensation. So it would come up there. You’re right, if it’s a bunch of people doing the same job at the same time it might.

**John:** Let’s take over here.

**Male Audience Member:** I had a question regarding working outside the US. Saying you get hired to write something in Mexico in a different language. Does that still apply? Are we protected from the guild from something like that?

**Laurie:** So, you’re both bound by working rule eight to make sure that company is signatory and, yes, the protections will still apply if the company is transporting you for the purpose of performing those services elsewhere.

But always call us before that happens just so we can make sure.

**John:** And when you say always call us, what department should they be calling in?

**Laurie:** Call contracts for that. That’s a good starting point.

**Male Audience Member:** Great. Thank you.

**John:** Fantastic. Over this side.

**Male Audience Member:** Option trigger question. If the employer is outside the reading time period, whatever that is, and then they say we want to trigger an option, which is I’m sure fairly common where in one of those, what to do next on a contract level and if you’re willing on political level?

**Craig:** I’ve been in that situation and we just said, well, OK, let’s negotiate a price. I mean, they can say, well, we did. And you can say it doesn’t apply anymore. You wouldn’t be asking me to do this if you didn’t want me to do it. And you definitely wouldn’t be asking me to do it outside of this four-week reading period if you didn’t screw up, so I’ve got a little something here. Let’s just talk about it. There should be some sort of price to pay for that. Even if it’s a little penalty.

But, yeah, I would approach it as just a negotiation for another step. That’s how I would do it. I don’t think there’s a political problem with it.

**John:** I would say I don’t think I’ve ever asked for, you know, we’ve gone past the reading period–

**Craig:** You’re missing out on so much money. Hundreds and hundreds of dollars.

**John:** I think there is a political aspect to it because if it’s a thing that you genuinely believe is going to go to the next thing and they’re not just stringing you along, you may decide to just go for it.

**Male Audience Member:** Shine that they’re outside of it.

**Ken:** It also depends on do you want to do the step or not. Because you absolutely have the right to say I’m not interested in doing it. And particularly if it’s a deal you made a while ago or your price has gone up since then and you feel the compensation is not appropriate you may just not want to do it if the money is not right. And you absolutely have the right to say no.

**Male Audience Member:** Thanks.

**John:** This way.

**Male Audience Member:** Yeah, I have a question on specs. Specifically on P&H, because we’re lucky enough to have a fantastic medical plan and my understanding is that we do not get credit compensation payment for specs. So, where exactly in the contract negotiation do we make sure that we’re getting the rewrite? And my second part of that question is do we get the P&H credits for just the rewrite or for all of that by triggering the rewrite?

**Craig:** They get that first rewrite as a function right?

**Laurie:** As long as its original, meaning the characters in the story in your spec are original and you sell it to a signatory, under the separated rights provisions you’ll have the opportunity to perform the first rewrite. And to answer your second question you get contributions on everything. So you if you just have the sale and no writing services, then no compensation at all. But once you perform a rewrite or other revisions in connection with that project then contributions are due on everything, including the purchase price.

**Male Audience Member:** Awesome. Thanks so much.

**John:** That’s great. Thank you. This way.

**Male Audience Member:** I’ve got a couple questions about assigned material. First, I mean, the examples you gave are usually we’re given documents or previous drafts. But sometimes you’ll go in and meet with an executive and they’ll say, “Hey, I’ve just got this idea.” Could they ever say that assigned material is that executive’s two sentence log line that they told you?

**Laurie:** They can say it. There are different ways that the term is used. I’ll let you—

**Ken:** Yeah, no, I mean, I’ve definitely seen them try to say it. I’ve literally seen contracts say, you know, based on an idea supplied by the studio. And depending upon what you’re concerned about you might either want that out of the contract altogether or you might want to make it very clear that it’s based on an oral idea from the studio because for credit purposes as the guys were discussing earlier if it’s simply an oral idea that someone gave you that still remains an original screenplay. There was no previously exploited material or anything. And so it would just – I’d want to understand better what it is. And then I would talk with my client what were you given, what were you told. But simply an idea shouldn’t be something that impacts you and so I’d either keep it out or specify that it’s oral.

**Laurie:** And that also impacts compensation provisions as well as separated rights. So when we think of what is assigned material that’s a story intangible in fixed form. So some sort of idea, some sort of oral instructions won’t rise to that level.

**Male Audience Member:** The other question is you talked about how sometimes they’ll assign public domain material. Is there any benefit for a studio to do that, or are they just being dicks?

**Craig:** It seems like they’re being dicks. Sometimes, in the one instance where I confronted it it was part of a larger legal strategy they were trying to make about what they did control from an extension of a public domain work. Because, you know, these public domain works kick off derivative works. And then those are property because they’re new. And then those kick off things. And so it seemed like this was more about them than about me. But the problem was that it changed the nature of the work I was doing and so that was worth arguing about.

**John:** Great. Thank you. Our last question.

**Female Audience Member:** Hi, I have a question for those of us who work in TV regularly and are now trying to do features for the first time between seasons, it’s really scary to hear how long it takes for that contract to go. So do I pretty much need to put my contract in place three months before my television series is up?

**Craig:** No.

**Female Audience Member:** So I can have the four months I have free off?

**Craig:** I don’t think so. I mean, generally speaking, and correct me if I’m wrong, they know you have a time window. And you get the points that we discussed that were the deal memo points, how much money, how many steps. Then from that point they can generate that Certificate of Authorship. You can sign that, turn it in, and they can commence you. And while you’re writing your attorney is going back and forth with them to try to shape that—

**Ken:** True and not true. I mean, in fairness—

**Craig:** You say true and true?

**Ken:** True and not true. Most studios will not pay you on a signing certificate.

**Craig:** Really? How have I been getting away with this?

**Laurie:** But they’ll commence you probably right?

**Ken:** Most won’t, once again, with a feature writing deal. With that said I would say a few things.

**Craig:** I did not know that.

**Ken:** As much as they’re saying it takes a super long time, feature writing contracts shouldn’t take that long to get done. They really shouldn’t. And also I would just say unlike – obviously you’ll have a ton on your plate, it may not be easy for you to write your feature during the TV season because you’re super busy, but I would just say that unlike this feature contract which generally provides that during writing periods you’re exclusive to them, you’re not allowed to work on other things unless they’ve been specifically carved out, generally – not always – but generally a TV writing contract wouldn’t make you exclusive in movies, so that you would be allowed to work on the movie while you’re in the season of your TV show.

Some studios try to overreach and say that you’re totally exclusive during the season. Depending upon the studio, depending upon the show, your stature, what have you, that can usually be changed. OK? But I don’t know if that answers the questions to part two.

**Female Audience Member:** Great. So I’ll have time hopefully.

**John:** Yeah. A thing we’ve learned is that most feature writers are also TV writers these days. So, that is the new normal is that most of the folks are working in both. And so you’re entering into a place where many people have gone down this before. And we’ve mentioned they didn’t carve out any specific pre or prior things, but your feature contract would probably acknowledge that you are on a show or that there’s some other commitment that you have that could delay some things.

**Laurie:** And you probably also want to check your series contract, too, regarding the exclusivity provision just to see what it says.

**Female Audience Member:** OK, great. Thanks so much.

**John:** I want to thank Ken Richman and Laurie Espinosa for all their expertise.

**Craig:** Thank you guys.

**Ken:** My pleasure.

**John:** Craig and I often play lawyers on the show but we don’t actually know what we’re talking about–

**Craig:** I feel like I kind of do. I feel like I could get away with it.

**John:** He’s kind of a doctor.

**Craig:** I’m kind of a doctor.

**John:** Yeah.

**Craig:** And kind of a lawyer. I am a nuclear physicist.

**John:** He is a nuclear physicist. I want to thank Albert for putting together tonight’s production. Thank you very much for this, for putting this together. And thank you all for coming out. This was a great little session. Thank you very much.

***

OK, I’m back. Some last bits of follow up. Obviously there’s a lot going on in the agency negotiations so we will get back to that soon. We’ve also had a lot of folks writing in about Craig’s master class on thesis and antithesis, so we will be revisiting that topic.

In the meantime, Scriptnotes is produced by Megana Rao. It was edited by Matthew Chilelli. Our outro this week is by Alex Winder. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For shorter questions on Twitter Craig is @clmazin and I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts. You can find a recap of the show generally on Reddit. You can find all the back episodes of the show at Scriptnotes.net or download 60-episode seasons at store.johnaugust.com. You may want to check out the Scriptnotes Listener’s Guide at johnaugust.com/guide to find out which episodes our listeners recommended most. Thanks and we’ll see you next week.

Links:

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Email us at ask@johnaugust.com

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