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Scriptnotes, Episode 347: Conflict of Interest, Transcript

May 2, 2018 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2018/conflict-of-interest).

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

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

**John:** And this is Episode 347 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast we’ll be discussing conflict of interest, both as a legal theory and as a reality in the world of film and television. Then we’ll be answering listener questions on TV comedy, establishing time periods, and not writing.

But Craig I’m so excited because you are all the way on the other side of the world. It’s the first time where we’re doing one of these long distance podcasts where you are in Europe and I am in Los Angeles.

**Craig:** Yeah. Not just in Europe but Eastern Europe, so I’m a bit far flungerer than you were last time when you were in Paris. I am in Vilnius, the capital city of the great country of Lithuania. I am 10 hours ahead of you. This is very exciting. We just finished our second week of shooting on Chernobyl and all is going well.

**John:** I’m so excited for you, Craig. I was actually with Craig Mazin as the first shot of his show went off. We were playing D&D and he got the text message with the first still image from the first scene being shot. And this has been a very long journey so I’m so, so happy that you are making your show.

**Craig:** Well, thank you very much. And all, I think, all television and film production should begin with the writer-producer playing Dungeons & Dragons while the first shot goes off. I think that’s fair.

**John:** That is only fair. It’s the way things should be. In a perfect world it would all be Dungeons & Dragons and television programs.

**Craig:** I’ve got here in my hotel room, it’s Rise of Tiamat, the module that I’ll be preparing so that when I return I will be DMing that for you and the boys. So D&D never too far away from me. But we’re making it work, you and I, as we do no matter what time zone we’re in.

**John:** All right. Let’s start our episode. First off I have some news. So, along with John Gatins, a friend of the show, I’m going to be hosting a special Crazy Ex-Girlfriend Q&A with Aline Brosh McKenna and Rachel Bloom on Wednesday May 9, 2018, 7pm, at UTA. So, this is actually at an industry thing, so it’s not like a thing that I can sell tickets for. I can’t send you to a website to come to this screening. But what I can do is Aline says we can put two people on the list to come to this. And I feel like we have a big bunch of Crazy Ex-Girlfriend fans among our audience. But I’m trying to think of the best way to give out these two tickets. And, Craig, this is the first you’re hearing of this. What I think we might want to do is the first listener who can send in an email to ask@johnaugust.com with the lyrics to a song, like just write the lyrics to a song, that expresses why they want to be at this event. That might be the thing.

But, Craig, if you could offer some sort of theme for the song, or maybe even a title for the song that would convey what it should be.

**Craig:** Yeah. The theme is I want to be on the inside at an exclusive event because I’m on the outside normally and I want to be on the inside where not anyone can just go, because you said it’s a special industry fancy people event. And so I think let’s call the title of the song “The Other Side of the Velvet Rope.”

**John:** Ooh, I like that very, very much. So, if you are a person who wants to come to this, we are going to give away two tickets – well, they’re not tickets. We’ll put two names on the list and we’ll put those two names based on the person who writes the lyrics to that song. So, write those lyrics about The Other Side of the Velvet Rope. Send them through to ask@johnaugust.com and we will put those two names on the list.

To be clear here, I think whoever writes that and their plus one will be our guests for this special little thing.

**Craig:** Great. I think that’s a great idea. And it’s not a lyric contest. It’s really just like who can put the effort in, you know?

**John:** Exactly. We want you to jump over a bar. And that bar is write some lyrics.

**Craig:** Yeah.

**John:** But we have an actual real Scriptnotes show to hype as well. So on May 22 we are going to be doing a show at the ArcLight. Tickets are not yet available but I want you to clear your calendars on May 22. There will be a live show in Los Angeles. We are going to have very cool guests. It’s going to be a good, fun time. So, if you have anything scheduled for May 22, now is the time to cancel it because there’s going to be a Scriptnotes live show there. And this is the equivalent live show as when we had Rian Johnson on and Dana Fox and Rob McElhenney. It’s the equivalent of that show. And we’re excited to announce our guests pretty soon. You can’t come if you’ve – don’t schedule surgery for that day.

**Craig:** No, no. Well, listen, don’t schedule surgery if you don’t have to, obviously. We’re not big fans of the elective stuff. But also, folks, this is the event that we do to support Hollywood Heart, which is a wonderful charity that our friend John Gatins supports. And the past two times we’ve done this have been, well, we like to save some of the heavy firepower for those shows. So, the first time we did it we had Dan Weiss and Dave Benioff from Game of Thrones and we had Jason Bateman from Jason Bateman. And then, yeah, last year we had Rian Johnson on the eve of The Last Jedi coming out. We had Larry Kasdan, I believe. Oh no, Larry wasn’t on – he had his own show. He had his own live show.

But we had Rian Johnson and we had Dana Fox. I mean, we’ve had great guests for these. I don’t want to say yet who we’re getting, but we’re going to be getting some great people. So, no elective surgery on that night.

**John:** No. No. All right, so enough hype of future events. Let’s go to the past. Let’s do some follow up. So, a regular feature on the show is How Would This Be a Movie. One of those recent stories was the Worst Roommate Ever, the story by William Brennan. And that story was acquired by our friend Chris Morgan and Blumhouse. They are going to be trying to develop this for both TV and for features.

**Craig:** Yeah. So where did we land on that one? I can’t quite remember.

**John:** I think we landed that it was a very interesting premise and character. I think we may have differed on whether we needed to actually acquire the rights to this specific story or that as a general story space, like the idea of the roommate from hell genre might be a thing worth pursuing. But they decided, you know what, the actual rights to this story were worth it and they locked down those rights.

**Craig:** Well, I think if you are an individual writer and you get inspired by something like this it’s perfectly fine to write your own story as long as you feel you’re basically drawing on public facts as listed in this article. But when you’re a big company, and Chris Morgan has a big company, then you almost always just go and get the rights because you have a certain amount of money to spend and it generally plants a little bit of a flag in the space. You’re saying to other people, “Hey, we’re doing this, so maybe you don’t want to waste money doing it.” It’s a bit of business gamesmanship I should say.

**John:** I would say so. So I’ll be curious to see what project or projects come out of this idea. Almost all of us have had roommates at times. Most of them have not been deranged. But almost everyone has had a bad roommate experience.

**Craig:** I’ve had–

**John:** Actually, some of us have had deranged roommates. I guess you trump most of these other stories.

**Craig:** Yeah. I kind of have a problem with anything called Worst Roommate Ever, because I’m pretty sure I had the worst roommate ever.

**John:** Oh, always good. More recent news. We got an email from Nate. Craig, would you read what Nate wrote to us?

**Craig:** Sure. Nate writes, “I was listening to Episode 345 today and hearing about how Isaac and Elizabeth moved to LA right after college and that hit me harder than it should have. After I graduated I had plans to move to LA from Philadelphia with one of my best friends from college, but I was fortunate enough to be pitching a couple of shows here that picked up some momentum and decided to ride them until they were shelved.

“Once they plateaued I made plans again to move out. Just before putting down a deposit on an apartment I was hospitalized with Lyme disease.” Oh, that’s not good. “At that point my focus was health and put everything on hold again. And that urge was suppressed until today. I currently have a great job at 27 as a post-production supervisor at a large e-commerce company, a comfortable position that a lot of people would kill for in the area. A girlfriend of more than two years who has always supported me and my crazy ambitions but doesn’t want to move to LA and it has come to the point where it physically hurts to not be in LA.

“I guess I have more of an ask of you and Craig than a question. I would appreciate it if you and Craig could just tell me to quit being a coward and tell my girlfriend what I just told you.” Huh.

**John:** All right, well Nate, I can’t speak directly to your girlfriend but I can only tell you what I would tell her which is that if you are 27 and you want to be working in the film and television industry that is centered in Los Angeles, you don’t want to be in Philadelphia anymore, this is the time to do it. And you’re going to want to move here. And hopefully there’s a way you can move here and that she comes along with you. But I will say it’s not unprecedented for a person to leave a two-year relationship at 27 and move to the city they want to be living in. So, I think it’s time. Craig, do you have any more advice for Nate?

**Craig:** Well, look, it’s the girlfriend part that’s kind of stopping me. Because, yeah, all of the details seem about right. I mean, you’re 27. You’re still fairly young. You’re a post-production supervisor. That’s a gig that actually could get you a fairly decent day job working in a similar capacity in LA. So, theoretically there’d be a fairly nice glide path in for you.

I’m a little concerned when you say it’s come to the point where it physically hurts to not be in LA. Obviously it’s a slight amount of hyperbole there, but you seem to have put a lot of hopes and dreams on the location of Los Angeles. You haven’t exactly said why. I mean, you said you were pitching a couple of shows, but you know nothing was stopping you from writing shows while you were in Philadelphia and you weren’t. So, a couple of concerns. A couple of things to think about, Nate.

First, why is it super-duper important that you be in LA, and, if you have an answer to that, can you answer why you haven’t been at least working towards those goals while you’ve been in Philadelphia? And secondly, and more importantly, this girlfriend of yours of 2.5 years, you say she’s always supported you and your crazy ambitions. Well, that’s real. That’s a thing. And if you love her and she loves you, I don’t know, like it just seems – sometimes there’s things that are more important than living in Los Angeles, which is just a place, Nate. It’s a place.

So, I just want you to think really carefully here. I just want to make sure that you aren’t imagining that it is location that’s going to make and break you and location is going to solve your problems and make all of your dreams come true. Because generally speaking while it’s easier in LA, it’s not the be-all, end-all. And I don’t know, breaking up with your girlfriend, I hate to advise anyone to do that, especially because it sounds like you and she have a good thing going.

**John:** Yeah. This last week I spoke at USC. I was part of their Talent Week in which they bring in alums to talk to other alums and current students. And the thing I ended up talking about was the nature of sort of how characters express their wants and how to think of yourself as a character in the story of your life. And so I would urge Nate to think of himself as the protagonist in the story of his life. And if he sees himself that way he’d recognize that heroes of stories have triumphs and setbacks. They go on journeys. They come back from places. He perceives himself as the person who meant to leave Philadelphia but like weird stuff got in the way and he was never able to leave. And the nature of his true quest, where he really should be, is to be in Los Angeles.

He’s never going to be sort of the same person he was at 21. But I also don’t want him to think that like, “Oh well, now his movie is over.” That the thing he wanted is unrealistic or impossible at this point. I think the reason why I’m pushing him to maybe go to Los Angeles or really have the hard conversation with his girlfriend and figure out whether this is a thing that can work or not work is because he maybe really unhappy five years, ten years, 15 years from now if he hasn’t done this thing he always meant to do.

I don’t want him to be with the same woman, married with kids, and still be frustrated that he never tried in Los Angeles. So, that’s where I’m pushing Nate this direction.

**Craig:** Yeah. I mean, look, those are the two competing movies, right? So you have the movie of the person who never quite follows their dream and suffers in silence and then finally gets a chance and goes for it and wins. Then there’s this other movie, it’s more of the romance. A person who doesn’t realize what they have, leaves to go get something better, and eventually comes back home realizing, “Oh, you know, it was right here in front of me the whole time.”

There’s these two movies. I don’t know which one is Nate’s movie. I do know that when he says, “I would appreciate it if you and Craig could just tell me to quit being a coward and tell my girlfriend what I just told you,” um, you know, I would say to you that’s, generally speaking, good advice always. You should be able to tell your girlfriend everything you’re thinking and feeling in that regard.

I don’t think you’re being a coward, Nate. I think you’re trying to have your cake and eat it too here. And you need to decide what you want and what matters more and make your choice. Real simple. We can’t do it for you, buddy.

**John:** Yeah. Nate, a year from now please write us back and let us know what you have done or decided to do and how it all went, OK?

**Craig:** Good idea.

**John:** Last bit of news is way back follow up. In Episode 32 of this podcast we discussed Amazon Studios, in particular discussed their plans for inviting anyone in the world to send in their movie ideas, their pitches, their treatments and things, and there was a whole service. There was a whole website you could go to to put in your stuff and we both thought it was a terrible idea. And there was news on that front this week.

**Craig:** Yeah. So apparently Amazon finally admitted that it was, in fact, a terrible idea. I think they knew it was a terrible idea almost immediately. And they just sort of kept it lingering there because it didn’t really cost them anything per se. Just sort of hard drive space on servers which is kind of their bread and butter. They’ve got more of that than anyone. They’ve shut it down. They finally said no mas. This thing is over.

And, John, I’m pretty sure that they should have just listened to us.

**John:** Yeah. It would have probably saved some time and some effort. I don’t know to what degree they were actively doing any of this script outreach stuff. I don’t know whether this was a factor for years, honestly. And I didn’t hear anybody talking about it. But I will say if you look at what Amazon Studios is doing right now, they are investing heavily in high-priced IP and expensive talent to try to make big things like a Game of Thrones. That’s why they’re spending a gazillion dollars on the Tolkien rights. They’re making big, big swings because that’s how you make big hits in general.

So, it’s 180 degrees from this sort of crowd-sourcing thing that they started with.

**Craig:** Yeah. And look, I remember when we talked about this, some people got their feathers a little ruffled. You and I occasionally will get hit with the whole, “You guys are elitist, and you’re just trying to keep the little guy out. And that there are all these men and women out there who, if only they could get past the gatekeepers, would be successful. And that crowd-sourcing is the future. And you’re old. And you’re done.” And I believe our thesis at the time was, no, this is not something you crowd source. This is about personal creative vision and intelligence. And, no, we’re not trying to keep anyone out. We’re just being realistic. People generally are fussy about what they watch and it’s really expensive to produce things. So, this isn’t going to go well.

And we were 100% right on this one. And there was no doubt. Sometimes you and I make guesses about things. I don’t think either one of us were guessing back then. We knew. It’s not enough that Amazon does this whole thing – by the way, I also remember that they pushed a very bad contract out initially and then they fixed it. But it’s not enough that they put this out there and then just face plant, but they are now, as you said, all the way in the opposite direction. They’re now chasing all the A-list “elitist” writers because as it turns out writing is hard. Writing for screen and television is hard. It is not a common talent. It takes time to cultivate and to perfect, or at least to progress in. And so, yeah, there’s actually something called a professional screenwriter. Sorry. I don’t know what to say.

The entire exercise I thought was kind of a weirdly cynical bit of false egalitarianism that was never going to work.

**John:** Yeah. It’s interesting. There’s the choices of going wide versus going deep. And so wide is the sort of crowd-sourced model where you get a bunch of different brains working on things, and it’s really good for some stuff. It’s really good when there’s things that could be kind of figured out algorithmically.

But screenwriting, at least screenwriting so far, is not a good candidate for that sort of algorithmic wisdom-of-the-crowd kind of thing. It’s such a specific thing that requires one person’s intense focus for long periods of time. And that’s why both writing a movie or showrunning a TV show requires just this person’s brain to be so intensely focused and have a vision for what things are. And crowds are really good for like vision in a lot of different directions, but when you need an intense, focused vision that ends up being one person or a very small group of people.

And I think this is another example of that.

**Craig:** Yeah. I mean, Silicon Valley at times gets a little too up its own butt about these notions of things like, for instance, crowd sourcing and the wisdom of the crowd. But even in the case of groups of people writing in Hollywood, for instance television shows, there’s a hierarchy. And there is a person in charge. And things are decided on that level. The notion that there’d be some kind of group pushing something towards brilliance is so bizarre because, you know, what’s everybody’s complaint? I mean, the most watered down Hollywood stuff is movies by committee. And here Amazon attempted to expand the committee to the world. It was dead in the water from the start. It was never, ever, ever, ever going to work. And honestly I do think people should listen to us.

When you and I 100% agree on something it’s not possible that we’re wrong. If we both agree to 100%, everyone just needs to just trust us.

**John:** Absolutely. So, having said that, please don’t go back through the archives and figure out all the cases where we were completely wrong, because I’m sure there are some of those.

**Craig:** Well, yeah, but not when we’re 100%–

**John:** 100%, yeah. That will be the thing. No, no, we were only 99% sure.

**Craig:** Right.

**John:** I will say even like recent things like MoviePass, we’re like well that can never work. And right now it seems to be quite successful. But we’ll see sort of how it all goes.

**Craig:** Yeah. And we were a little wishy. I wasn’t at 100.

**John:** We were a little wishy. We were like confused.

**Craig:** Yeah. Whereas I remember with this–

**John:** We were never confused about Amazon Studios.

**Craig:** No. I lost my freaking mind over this one. This was early umbrage. This may have been the first umbrage. I don’t know.

**John:** All right. Let’s get to our feature topic of today. This is conflict of interest. And so I put this on the outline because this came up a couple times the last few weeks and I want to talk about it as a concept. So first thing that sort of came up was the discussions about the agency deal and the deal with writers and the WGA, particularly in terms of packaging and producing. I heard the terms conflict of interest used a lot around that.

And also more recently we have Sean Hannity who is talking about Michael Cohen, but he’s in fact a client of Michael Cohen. And as a journalist or whatever you want to call him, that is troubling. And so the word conflict of interest was also coming up there.

So, I want to dig into conflict of interest.

**Craig:** Well, it’s a tricky little area. I mean, I have often discussed this fact with lawyers. This is one of those areas where sometimes the things that we think of as conflict of interest aren’t necessarily conflict of interest. It seems rather situational. And certain professions are more susceptible to it than others.

So, yeah, let’s talk about how this applies to our lives as writers.

**John:** Absolutely. So we’ll try to define terms a little bit as we start. I think the crucial thing to understand is that conflict of interest is not a crime in itself. It’s not even necessarily a big wrongdoing in and of itself. It’s just a situation. It’s a set of circumstances. It’s wherever you have a person/organization that has multiple competing interests. They can be financial. They can be other kinds of interest. But in trying to service one of those they may end up acting in the detriment to one of the other interests. So each of these interests thinks that they are the primary interest and they can’t be. And so it’s those conflicting things that become a conflict of interest.

So, any situation where your loyalties are divided, that’s the way of thinking about a conflict of interest. And so it can go beyond the strict legal definition to just these murky places we find ourselves where even if there isn’t an actual wrongdoing, there’s a perception that something could be unfair towards the parties involved because you have these multiple competing interests.

Classic examples, if you are buying a house and the real estate agent is representing both the buyer and the seller, that is a conflict of interest. That happens sometimes, but it has to be publicly acknowledged that there is a conflict of interest here because the seller is trying to get the highest price. The buyer is trying to get the lowest price. The agent is also kind of trying to get a higher price because they get a percentage. So, that’s a thing that has to be discussed.

If you are given a bonus based on how many life insurance policies you sell to the clients of this organization, that can be a real conflict of interest because those people you are selling these to, they may not need life insurance policies. But if your salary is based on how many of those you sell, that can be a conflict of interest.

So, it happens in lots of situations. But, particularly for our podcast I want to talk about the situations where it happens for writers.

**Craig:** Yeah, I mean, to me conflict of interest typically revolves around questions of trust. There is a sense of a violation of trust. If you believe that somebody is working on your collective behalf. That is to say on behalf of them and you. Or, if that person is working for you. You’ve paid them and they are advancing your interests. And very specifically what they’re doing is providing you a service in which you can trust. For instance, a doctor. I trust my doctor. My doctor says, “You know what? I’ve done a blood exam and I really think you need this medicine Flamydol.” OK, great.

Now, if he doesn’t tell me that he’s a shareholder in the company that makes Flamydol, that is a conflict of interest and he’s violated my trust. This is something that’s very clear in certain areas like, for instance, doctors, lawyers. Journalists are constantly having to disclose things. They seemingly are the most fastidious about it. So, very typically you’ll read a news article and somebody will be talking about a product or a movie. And then they will say, “By the way, that movie or product is manufactured by such-and-such, the parent company of this paper.” So at the very least by disclosing it you don’t have to worry that we’re trying to put a fast one by you. You can judge that for yourself, but we have not violated your trust.

**John:** Or an organization like a newspaper might have firewalls between the advertising department and the editorial department so that the people who are selling the ads to those companies are not influencing the editorial decisions of stories written about that company. And that’s a reasonable way of trying to avoid conflicts of interest because even if there wasn’t impropriety, the perception of impropriety is sometimes just as damaging.

**Craig:** Yeah. And in our business I think that’s – well, look, there are some areas where there is clearly a question of financial conflict of interest. But maybe more than half of the time what we’re talking about is the appearance of a conflict. The appearance or sense that trust has been violated because what happens is one party or the other discovers something that someone didn’t disclose to them and that’s where we can get ourselves into trouble or people can get into trouble with us.

**John:** Absolutely. So let’s talk through some examples that writers are going to face. First off is just with their agencies, with their agents, because agents represent you but they don’t only represent you. They represent multiple clients. And so if you are going in for a job pitching on the Slinky movie, well your agency – your agent – might have other writers who are pitching on that same job. And that is going to happen in your life. And sometimes you’ll know about that. Sometimes you won’t know about that. You should know about that. And so we’re going to talk through strategies for like how you have those difficult conversations.

But it’s not just writers. They also represent directors. So, you know, that director who signed on to that movie who wants to fire you, that is a weird conflict of interest that happens all the time where they are trying to keep their director client happy, but also their writer client happy. Same thing happens with actors. They may really want to have their actor from their agency in your TV show. Are they doing what’s best for the show, what’s best for you as the writer? Or are they doing what’s best for them as the agency because they have this big high profile actor client that they want to get into a movie.

**Craig:** Yeah. I mean, look, there is a certain aspect of this where it’s a bit caveat-scriptor. The agency is absolutely going to represent other people. You know they represent other people. You know that a bunch of them either do the same thing you do, going up for the same jobs you go up for. Or are people that could theoretically fire your, or employ you. Or people who make more money than you do, therefore it would enrich the agency more. They also represent producers.

So, you kind of have to just assume, I think, as a writer no matter where you are represented that unless you, the client, are literally the highest paid client at that agency that at some point or another your agents will be in a position where they have to choose between your interests and the interests of a client that earns more money for themselves and therefore earns more money for the agency. It’s just priced into the situation. It’s kind of hard to, I don’t know, pretend that you didn’t know. It’s sort of out there, isn’t it?

**John:** It is. And so a thing that’s come up recently in discussions about sort of the agency deal is we all know sort of the challenge of the multiple clients situation, but when the agency has their own financial interest in a project that changes the equation. So if an agency has a packaging fee on a TV show, they no longer have the interest in trying to make sure that you’re getting paid – your being paid more salary isn’t helping them because they are not commissioning that salary. They are not taking their 10% on that salary. So they no longer have an interest in trying to make sure your price goes up.

In fact, they may have an interest in making sure the show is sustainable. They want that show just to keep running because they’re getting a fee for every episode produced. If the show is incredibly successful and syndicates they are getting a percentage of the overall profits of the show. So, their interest is in the success of the show and not necessarily interest of the client. And that is, very classically, a conflict of interest.

Similar kinds of things are happening on the feature side where some agencies and other companies are really truly acting as producers. They’re financing projects. And therefore they have an interest in the final product that is not the same as their interest in the client who put the project together. That’s a challenging situation and the kind of thing we’re trying to figure out a way to address.

**Craig:** Yeah. So, look, technically speaking there is a law that governs talent agents, at least in the state of California which is where all the talent agents we’re describing live and work, and it basically says you get to procure employment on behalf of artists and in exchange for that exclusive right no one else can do it without a license you are not allowed to charge more than 10% commission. And you are not allowed to have a financial stake in the employers or the companies that are employing your clients. That’s simple straight up non, you know, conflict of interest avoidance let’s call it.

And what the agencies have done is put a little end run on that. They have created essentially side companies. So there’s the illusion I think of a separate company because they do these things.

So, OK, the talent agency is actually a Talent Agency Incorporated. But the production company is Productions Limited. Well, the finances are comingled and the shareholders are the same. But they’re two different companies therefore this one is not violating the talent agency act and this one is – it’s bull sugar.

And, also, this packaging thing I hate. I hate it. And here’s the – so packaging basically as far as I can tell, the scam is that the agencies have basically performed a shakedown maneuver on studios. They say, look, a number of our clients are in this show. You have to pay us money per episode or we’re going to, I guess, tell all of our clients to not be in the show. Or we’re going to not have our clients show up for your next show. It’s a little bit of a, “Oh, it’s a shame if anything should happen to your network.” And they get this money. There’s no value added, at all, whatsoever. This money is theoretically money that could be spent instead on the show itself. Or, god forbid, on the clients.

Yes, the clients don’t have to pay commission on that. But as you point out the whole point of commission is I want to pay it because that means you’re motivated to get me more money. The problem as far as I see it in that case is a flat-out conflict of interest as far as I’m concerned. The issue is I don’t know if there’s anything we can do about that one, because it seems like the big agencies – UTA, William Morris Endeavor, CAA, ICM – all package. And we are mostly represented by them. And so it’s not like you can leave and go to the other one. It’s going to happen to you again. And it is apparently not illegal.

**John:** Yeah. So these are things that are going to be figured out over the course of the next year. And so if you’ve been to some of the WGA meetings you’ve heard some of the plans on that front. We won’t sort of rehash them here.

I think it’s important to talk about them because it is an inherent conflict of interest and there always are going to be conflicts of interest. Because I’ve heard people talking about like, “Oh, this WGA is to eliminate all the conflicts of interest.” And I want to stress that that’s impossible. That will never happen.

**Craig:** Right.

**John:** Because conflicts of interest are inherent in any situation where people are representing multiple parties. That’s going to happen. I think what you want to do is get to a place where one of the parties they’re representing isn’t themselves. And that’s not the biggest party that they’re representing. And we’ll see if we can make progress on that front.

But I also don’t want to leave it all on the agency’s doorstep here because studios have conflicts of interest as well. Look at pilot season. Pilot season is conflict of interest season. It’s basically “We are going to create a bunch of TV pilots and some of them we’re going to pick up to series and some of them we aren’t. But we don’t know which ones yet and so we’re going to pretend that each one of them is the most important thing and that we’re going to stick the best actors in each one of them. But really we know we’re not going to actually make it all – they’re not all going to work. And we’re going to be pulling people out of things. And we know it’s going to be a train wreck. But we’re going into it just thinking like, OK, this is our process. This is how we’re going to do it.”

There are inherent conflicts of interest in there. And if you go through like casting in the pilot season process, it’s all conflicts. It’s all people trying to negotiate these things and you don’t know all the information. It’s really crazy. But that’s just the way it is. And no magic wand will ever be waved that can make that all go away.

So as a writer you’re going to be entering into a system where that’s just part of the game.

**Craig:** Yeah. I mean, look, there’s conflict always. And then there are these times when you have – a very common situation that we encounter where the studio is engaging in conflict of interest. A studio head is fired. A new studio head is brought in or a new network head. They have an inherent conflict of interest when they’re evaluating the shows that are there. They may quietly think this show that this former head was developing is brilliant. But that just makes me look terrible. If I go ahead and greenlight that show and it becomes a big hit everyone is going to say, “Oh, look, see, they fired the wrong person. They hired him. They should have just kept her.” So, I think I’ll just kill that thing.

That’s just a classic conflict of interest. And also internally what a lot of people don’t know is that the – let’s call them the sub-level of executives. You’ve got the boss, and then you’ve got the two underbosses. And then you’ve got the layer of the five under-under bosses. Each one of those executives has shows for which they are responsible and accountable. They are being evaluated by the success of those. It is in their personal interest to see those shows get on the air. And it is in their personal interest to see their colleague’s shows not get on the air because there is an endless churn of competition and survival of the fittest in the ranks of these executives. That, of course, is also conflict of interest if we define the ultimate interest as good show, which John it often is not.

**John:** It is not. I want to quickly go through some of the other flavors of conflict of interest you’re going to find. So, self-dealing. Self-dealing is when you are basically buying something at a reduced price because you’re essentially selling it to yourself. And so that happens in television where a studio will sell its TV show into syndication to the network it itself owns. So that’s become a subject of several lawsuits where they’ve negotiated a lower price than it’s believed they could have gotten on the open market.

That can hurt show creators who are counting on that price to be what’s affecting their profits on the show.

Another situation we all face is outside employment which is basically you’re working on two things at once. A lot of writers are going to be working on two things at once. You kind of on the phone call sort of pretend it’s the only thing that you’re working on. But realistically you are going to be working on multiple projects at once. The buyer thinks that you are only working on their thing when in fact you’re working on multiple things. Usually that doesn’t become a problem. And usually it’s just understood that this is a thing that happens. But it is a conflict of interest.

Am I giving all of my best thoughts and words towards project A or towards project B. Sometimes you are making choices like that.

**Craig:** I think writers do face these situations of potential conflict of interest all the time and it’s fair, if we’re going to whack agents and studio executives for it, we also have to give ourselves a pretty good spanking because it comes up a lot. Writers are constantly playing this game of managing multiple children. Each one of those children is a project of theirs that they love or care about. Someone comes along and says, “Oh, would you be interested in helping us fix this movie?” And you know that you just worked on that movie’s competition at another studio. It would be proper to disclose that. But if you do not, you are engaging in blatant conflict of interest.

If either one of those parties find out that you worked on this movie and its direct competition, you’re violating everyone’s trust. You’re taking money and violating trust. And it would be fair for both of them to question whether or not you did your best on either one and even worse if you did then that meant you took money to hurt the other one. That’s a real thing that comes up all the time, especially because there’s – as we’ve often said – rarely a movie that doesn’t have some kind of direct concept competition at another studio.

**John:** So the most direct competition thing I can think of that’s happened in my career is I signed on to write an Alice in Wonderland movie and Sam Mendes was going to direct it and it was produced by Dick Zanuck. Separately, Tim Burton signed on to do Alice in Wonderland at Disney and Dick Zanuck was his producer so Dick Zanuck joined him in that. So, Dick Zanuck was attempting to produce two competing Alice in Wonderland movies at the same time.

**Craig:** Yeah. Yeah.

**John:** Dick Zanuck was amazing. And I am so sad he has passed away, because he was remarkable. And he was one of the best producers I ever met in terms of just really being honest with me. So, I remember sitting at lunch. It’s like, “Yeah, it’s crazy. It’s crazy that this is the situation. I’m going to do my best to support both things at the same time. I don’t know what’s going to happen. And at some point I’ll have to choose.”

Ultimately the universe chose and the Disney movie went and the Sam Mendes one went away. And I never ended up writing the Sam Mendes one. But those things do happen. And Dick Zanuck himself was – the role of a producer like that is always conflict of interest because he’s trying to protect the movie, and his relationships with everyone involved with the movie. You know, it’s complicated. So, I have nothing but sympathy for the kinds of situations we find ourselves in as we’re trying to make these nebulous, impossible things come to life.

**Craig:** Yeah. I would advise writers, I mean, because in a situation like that – the good news for Dick Zanuck was everybody knew. Right? So, the second studio that says–

**John:** Exactly. He was transparent.

**Craig:** Yeah. So they say, “OK, listen, we know you’re doing this. It’s crazy. We’re pricing it in. Everybody knows everything. We still choose this. Fine.” Conflict of interest has been avoided. Voila.

For writers who are working – professional writers – if something like this should come up, I think in general it is good to err on the side of disclosure. More disclosure than less.

**John:** Agreed.

**Craig:** About most things. Because I believe – and I could be just Pollyannaish about this – but in the long run people appreciate honesty, particularly in our business where it is in short supply. And you will be probably rewarded. You will probably end up if you were to say lose a potential job because of disclosed conflict of interest, the karma would come back around to boost you up later. I just sort of believe that.

I try my best to not get into a situation where if somebody were to find out that I were doing something they would feel betrayed. I think that’s the most important thing. I never want to walk around worrying that if somebody should know something that I’m doing that is true they would feel betrayed.

**John:** Absolutely. I think it’s always good advice to imagine the phone call you’d get if that person found out. And, all right, that phone call would be horrible. I should tell this in advance.

There was a situation where I was working on a movie for Spielberg and I was also working on the first Charlie’s Angels. And both things had to happen at the same time. I had days where I was going between those two meetings back to back. And so I told Steven I’m doing this thing for Drew. He knew Drew because of E.T. And it was all fine and it was all good.

But, if he had found out separately that I was still actively working on Charlie’s Angels, or if Charlie’s Angels had found out I was doing this other thing that could have been a real conflict. And so being upfront about it, just being transparent, is helpful. And just phrase it in a positive way. I want you to know that this is what I’m doing. It’s going to be these three days and then I’m back on yours fulltime. That it will all work out.

That’s much better than the betrayed call that you get from that person. Because it poisons things after that moment. Even when you give them that great draft they’re going into thinking that they’re upset with you. That you are a bad person who didn’t do their very best work because of this other reason. So, disclose.

**Craig:** Yeah. And, you know, it’s not like they necessarily always follow these rules. You will find yourself in situations where you are doing the right thing for someone and then they turn around and do the wrong thing to you. And you may feel that you have firmly discovered the whole nice guys finish last rule. And that you’re a sucker. And you’re a doormat. And you should check your morals at the door. It’s the only way to get ahead. And all I can say to you is no. It is not worth it.

Yes, there are unscrupulous, bad, evil people that work in our business. I think it’s become more evident than ever. And they do succeed. And it is nauseating. The levels of injustice at times can be nauseating. However, that doesn’t mean you have to be a bad person. Nor does it mean you have to embrace any kind of betrayal. You can absolutely succeed by being a decent person.

I’m not suggesting you have to be a saint. This is a tough business. Sometimes you sugar coat. Sometimes you have to kind of bend the truth a bit just to avoid – you know, it’s the whole white lie syndrome. Right? These are things that have to happen.

But, you can be a decent person and succeed in this business. Will you end up with $500 million? Probably not. Do you want that? Eh, you’re in the wrong business anyway.

**John:** Yeah, I think so. So let’s talk about what can be done, or at least what steps an industry can take and individual people can take. So I’d say industry-wide what works for lawyers, what works for doctors, what works for newspapers when they’re run properly are standards. Codes of conduct. Basically public statements about this is what our policies are. And so when you have standards and practices, if you have a fiduciary standard where a client’s needs have to be the primary thing you’re working for, that helps.

So even like the NBA players, they have a code of conduct with their agents which sort of dictates these are the things that are allowed and that are not allowed. And so the degree to which you can figure out ways to codify what the expectations are, that helps. Because it’s when there are no clear cut expectations that these conflicts of interest become so pervasive.

Individually I would say that as a writer you have to acknowledge that those conflicts are going to be there. And that some of them are completely unavoidable. Like your agent represents multiple people. That’s just the nature of it. And so unless you are the only client, that’s going to happen.

And in a weird way the bigger your agency, the more of those conflicts are going to be a factor. That’s just the nature of it. You may have more access to some things at a bigger agency. But you also are going to have more conflicts just because there’s more people and more relationships there.

Some of the things that I think are useful to ask on the phone call is “What’s been your experience with this person?” Just get them talking about like who this person is, who this executive is, who this producer is to see if they have some preexisting thing. I’ve always been surprised where studio execs when they are renegotiating their contracts at the studio, it’s the agents who do that negotiation for them. So, agents have ongoing relationships with these people at studios that go much beyond just their clients working with them.

**Craig:** Yeah.

**John:** So, ask about that stuff.

It’s fair to ask, “Hey, do you have anybody else going up for this job?” I think that’s a fair question. If your agent won’t answer that question, they’re not really your agent.

**Craig:** And also the answer is, “Yeah.”

**John:** Yeah.

**Craig:** I think that Hollywood and DC are very similar in this regard. The lobbyists and the politicians and the people who run businesses that the laws govern are all way too involved with each other’s lives and there’s simply not enough separation there. That said, like John said, be aware of the stuff that’s obviously there. Just as, by the way, the studios are aware that every time they talk to us about an idea there’s a decent chance that we either have been working on a similar idea on our own, or could love that idea but want to do it on our own and not tell them. Everybody’s kind of dealing with that sort of thing.

So, by and large you can only essentially govern your own honesty and your own sense of decorum and good behavior. And you can only really govern your own representatives in as much as you have a sort of choice. But that sort of choice isn’t great. I got to be honest when it comes to these issues I don’t know of any particular agency where I would look at it and go, “Oh well, they are more, I don’t know, above the board and clean-handed than any of the other ones.”

**John:** Yeah. I would say you can find out reputations of people who are – you can avoid some shady people by asking questions. And that’s why when other writer friends ask us about agents or that they’re moving around we will tell them quite candidly what we think and sort of what’s happened. But in terms of the inherent systemic conflicts that are going to be there, they’re going to be there regardless. Even the best agents are going to have those conflicts. And I would say the agents I would choose to work with are the ones who are going to be most transparent and are going to put my interests as far forward as they can. That’s all you can sort of ask for.

**Craig:** I agree. I agree.

**John:** Cool. All right, let’s get to some other questions.

Jay writes in, “In regards to sitcoms, what factors are used in deciding if it should be a single camera or a multicam? Should the teleplay’s formatting differ based on the camera setup?”

**Craig:** Well, generally speaking multicam shows are fixed in a couple, two or three, key locations. So you’re thinking about your Seinfelds and your Cheers and a number of the Disney and Nickelodeon sitcoms where you’ve got the living room, the bedroom, and the office. You’ve got the movie theater, the kitchen, and the schoolroom. It’s that kind of thing. Or in the case of Seinfeld, it’s Jerry’s apartment and it’s the diner, right?

So, the reason why is if you’re camping down with the multi-camera setup you kind of are living in a space. You don’t want to yank all of your multi-cameras around. The whole point of multi-camera is we’re on a stage. We have a base. So we can set up our cameras and go from there. We’re probably going to have an audience. There’s a fair chance of that as well.

Single camera you have quite a bit more freedom. It doesn’t mean that you don’t have certain sets or locations that you use over and over. In terms of formatting, I don’t know necessarily if the formatting is hugely different as much as the style of the writing itself is necessarily going to be different. You can have lots of shorter scenes when you’re single cam. And obviously you can go outside and you’re going to want to find some different locations to move around and justify your single cameraness.

If you’re a multi-camera format and you’re in the living room, you’re probably not going to do the three or four line scene. You’re going to camp down for a while. You can kind of get this just from watching these shows. It’s sort of intuitive I think.

**John:** So, right now a couple of listeners are screaming at their podcast player right now because multicam is formatted differently. So, if it’s a multicam show it looks really different on the page. It’s double-spaced.

**Craig:** Oh, that’s crazy.

**John:** It does. It’s double spaced.

**Craig:** Why?

**John:** Scene headers are underlined. I’m going to send you a link. It will drive you mad. I don’t know the actual origin of the multicam format, but it is a very different looking thing. So, it’s double-spaced. Action lines are all uppercase. So you’ve got to really look at the shows that are multicam and study that format because if you were to sort of halfway do multicam people would be – they would throw the script across the room. It’s a really different look.

**Craig:** Are the multicam shows all exactly the same? Or are some different than others?

**John:** You know, there are going to be some house styles. But part of the reason why I know what multicam looks like is the new Highland has multicam as a template. It looks so different. Here, I’m sending you a link to what this looks like. I’m going to send you the link in screenwriting.io, a website that our own producer Megan McDonnell updates, to show some of the big differences here. I’m going to throw it in Skype for you.

**Craig:** What the F? This is stupid. I hate it. All action and description is in all caps. Well, I guess they hate – you know what? I sort of understand. How much action and description can you have when you’re in the same damn set every time? You know what I mean? So maybe that’s why they do it that way. That’s so weird. All right.

**John:** And so I also put in an image there.

**Craig:** What the – that’s ugly as F. Oh, and they put the characters underneath. It’s almost like a cross between a play and a – yuck.

**John:** My guess is that the multicam format evolved sort of with the birth of television and it was a little bit more like a play. And if you really think about it, television and film came from kind of different worlds. And so film was done out here in Los Angeles. It was a thing that sort of grew up 100 years ago. TV had its own origins. It sort of came out of radio and plays and multiple cameras doing stuff. And they’ve co-mingled, I mean we think about them in the same way, but multicam shows are written in this different way. And it’s jarring when you first see it.

So you still see INT. You still see DAY. But character names are listed in there. There’s much more underlining, all uppercase. It’s a really different looking thing on the page.

So, getting back to I think Craig’s more important point is that the writing is also different. There’s an expectation in multicam shows that we are getting to jokes and that the jokes are presented and are landing and they are acknowledged by generally a laugh track and an audience. And there’s just a timing and a spacing. We’ll put a link into the show notes for this great YouTube clip of Big Bang Theory without laughs.

**Craig:** It’s so great. It’s eerie.

**John:** It’s so disturbing. But it’s this moment that like plays totally natural with laughs, but if you take the laughs out feels just bizarre. So, you will know whether your show is meant to be a multicam or a single cam. It’s also weird we still use the term single cam because all of the “single cam” shows they use multiple cameras. It’s just they are shot more like a drama or a TV show in that they have – yes, they have coverage. They’re shooting A and B camera. They’re doing more complicated things.

So, the shows, half-hour comedies that are single camera include things like Modern Family, Blackish, The Office. A lot of these shows have that sort of half-conceit of there is a documentary crew there. But the other ones that are just truly fully dramas that happen to be half an hour long.

You will know whether your show is which one. But they are actually very different. I’ve never written multicam. But some people love it.

Roseanne is a modern example of a multicam that is hugely successful.

**Craig:** Yeah. I obviously have never written in it because I didn’t know that it was a different format. And I’m kind of hoping that there’s somebody out there that’s working on a multicam show that’s striking some sort of blow against the tyranny of this very silly format.

**John:** Absolutely. Another format which is related to both of these but different still is the graphic novel format. Graphic novel format is not as standardized as either screenplays or this multicam format is. But it’s a way of sort of reflecting the script of a book and sort of where the panel layouts are and what is dialogue. It’s not just screenplays, you learn.

**Craig:** Precisely.

**John:** Charles writes, “When writing a period piece, how would you establish a time period? I suppose putting something like The 1920s in description would suffice, but it feels a little too simplistic and the opposite of artistic.” Craig, how would you specify the time period for something like Chernobyl? What details do you put in there to let us know – to anchor us in a time and place?

**Craig:** Well, you have some choices. I mean, the first thing you can decide is exactly how you want your reader to discover the time period and by extension the audience. Obviously the audience does not see scene headers, right? So I don’t like to put in the establishment of a time period in a scene header. I feel like that’s the least interesting way because, again, the audience won’t have it.

So what you start with are some key things. We know that there are certain things that stick out. Appliances. Streets. Clothes. Technology in general. And even language. There’s all these little bits and bobs that kind of make indications. Smoking in a weird way has become a signifier of a time period.

So, little things like finding a cool reference to a brand that no longer exists. Little subtle ways so that people can figure out the mystery on their own. And then, if you desire, if it’s important for your story, you can indicate exactly when this is. It depends on the time period. People may think, well, this is 30, 40 years ago. If it’s important for them to know which then you throw the subtitle up on screen.

But first I like to kind of let people figure it out on their own. So we’re talking about our environment. Hair. Makeup. Props. Location. Language choices. All the things that make a period as vibrant as it is.

**John:** So situations where you may want to put the year in there is if it has to – like there’s multiple time periods in your script and you need to make it clear which time period you’re in for this thing. That’s a great time to put some time period in your scene header.

Or if you’re anchoring two specific real world events, then that’s a situation where you might honestly just put it on screen because it’s clear that this is a very specific moment in time and you want the audience to be crystal clear on exactly when you are in time and space, because this is going to be a hugely important part of your story.

But what Craig describes is right. I think your job – remember always – in the screenplay is to be the movie in paper form. So if there’s specific things we’re going to see and hear in the film that are going to clue us into what time period we’re in, those should be in your script.

**Craig:** Yep. Even sounds. You may have somebody walking along a street at night. And it might not be necessarily evident from the way that they’re dressed what the time period is. But you hear a car going by in the background and a horn. And there’s a certain kind of old car horn. That alone just puts you in a space. So use all of the things that exist. And I can tell you now that I’m here and we’re shooting a show that is period, every single thing has to be thought about. Everything. And the question that is often asked is “Did they have this?” That would be the worst thing of all. Like, “Oh, we put a thing in that just didn’t exist during that time.” That would be a nightmare.

But every single thing there is an attempt to source it to period so that it is accurate and the world feels true.

**John:** Absolutely. All right, so it’s time for our One Cool Things. My One Cool Thing could not be more related to what you just talked about. So in terms of anchoring you into a place and time this is a re-endorsement actually. Dana Stevens on Slate Culture Gabfest mentioned this. It’s from 1911. And so the Swedish company Svenska Biografteatern took a trip to NYC and they filmed it on the motion picture cameras of the time. And so we’ve all seen that kind of footage. It’s all herky-jerky and odd because the frame rates are different. But this person named Guy Jones on YouTube has taken that footage and adjusted the frame rate so it’s smooth to modern eyes. And he added sound effects. He added ambience and full sound effects. And it’s really amazing because it’s like, “Oh, that’s what it actually looks like.” So we’ll put a link into the show notes, but you see horses and cars both simultaneously moving around NYC. You see the Flatiron Building which looks just like the Flatiron Building.

Everybody wears hats. We’re in Chinatown. You see this little Chinese kid and he’s doing what kids now would do is like, “Oh, it’s a camera. I’m going to try to get in front of the camera.” And that’s just a great sort of instinct. It’s just really cool to see the real version of this, because I’ve seen movie versions of the same time period a lot, but we can never actually build something this big. I mean, you see all of these people on these giant sets and it really is incredible. So I encourage people to take a look at this thing. And also just to – the sound design on this is really good. It’s very convincing and it’s more believable and more interesting because it feels like you’re really there in the time. Because this was a silent film, but they built a really good ambient track for it that feels like the period.

So, that’s my One Cool Thing.

**Craig:** Well, my One Cool Thing is somewhat similar, but I’m not looking at the way things really were in 1911. I’m looking at the way things really were in Cleopatra era Egypt.

**John:** Ooh.

**Craig:** And Greece. Yeah. Because I’m playing Assassin’s Creed Origins. Of course. And I believe it is accurate in all ways. So naturally at the time I would have been this wonderful man named Bayek who goes around – only in pursuit of justice – just shedding massive quantities of blood. But it’s a really good game.

I like the Assassin’s Creed series. Have you ever played an Assassin’s Creed, John?

**John:** I never have.

**Craig:** There’s this underpinning concept to it that is so stupid I don’t even – it embarrasses me to say it. But you’re not really – the idea of the game is you’re not actually an assassin running around in ancient Egypt or in 1800s London or in Renaissance Florence or all the things that they’ve done. You’re actually a person in the modern era accessing genetic memories of somebody. It’s absolute nonsense. I hate that part of it.

**John:** I saw that in a trailer for the movie. So I saw Michael Fassbender in this big rig. And so that’s what you’re describing.

**Craig:** Yeah. Like if it had been me – no one asked me to write Assassin’s Creed – but had they asked me I would have said just slice away this ridiculous thing and no doubt they would have said to me, “Um, Ubisoft, the company that’s licensed us the rights, they’re not going to let you do that.” Then I would have just fired myself.

Regardless, the actual gameplay though of Assassin’s Creed is really good. They’ve made a lot of them. They seem to make one a month. So, I had kind of gotten off the Assassin’s Creed wheel. But the aforementioned Chris Morgan said, “Oh no, this one is really, really good.” And it is. It’s really fun playing as somebody in a completely different culture. The Assassin’s Creed games have generally been white, white, white, white, white. So, it’s fun to be an ancient Egyptian. Well, I wouldn’t say ancient. I mean, you’re talking a little bit before the Common Era as they say.

But it’s just a cool time period. You’re riding a camel. You’re lopping people’s heads off. It’s great. So, you know, I’m a big fan. I say yes Assassin’s Creed Origins.

**John:** Yes Assassin’s Creed. The common thing said about Cleopatra is that she lived closer to our time than to when the pyramids were built. I don’t know if that’s actually true. But it’s a thing I hear repeated a lot.

**Craig:** It is true. And, in fact, it is mentioned in a splash screen at one point while the game is loading up.

**John:** Ah-ha.

**Craig:** Yes, so that is true. Cleopatra was fairly modern. I mean, we’re talking just – we’re starting to edge towards the 0 Common Era. But you do – there’s one point where you’re running around. You’re doing stuff. And you just happen to turn to the left and there in the distance are pyramids. And it’s quite breathtaking. So big fan.

**John:** Very nice. That is our show for this week. So, as always, our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Tim Garcia. If you have an outro you can send us a link to ask@johnaugust.com. That is also the place where you can send the lyrics to the song you’ve now written about being on the other side of a velvet rope so you can join us for the Crazy Ex-Girlfriend special Q&A thing.

If you have longer questions like the ones we answered, those are great at ask@johnaugust.com. But short ones are easy on Twitter. I’m @johnaugust. Craig is @clmazin.

You can find us on Apple Podcasts or wherever you get your podcasts. If you would like to leave us a review, that’s lovely. It helps other people find the show.

Here’s my reminder that we have a game that is out there in the world that is called AlphaBirds. It is a fun game for people who like words and like Scrabble or Boggle. Craig played it along with Melissa, god, like two or three years ago at Austin Film Festival.

**Craig:** Yeah, in Austin, right? Yeah.

**John:** It’s a fun game.

**Craig:** It was fun.

**John:** Back then it was called Sparrow. It’s now called AlphaBirds and it’s available for purchase. So that’s at store.johnaugust.com. Or alphabirdsgame.com.

You’ll find show notes for this episode and all episodes at johnaugust.com. The transcripts go up about four days to seven days after the episode airs. All the back episodes are available at Scriptnotes.net. It’s a subscription. It’s $1.99 a month.

We also have a few more of the USB drives that have the first 350 episodes of the show on them. Craig, delightful talking with you across the world.

**Craig:** Indeed. Thanks, John. I’ll see you next week. Bye.

**John:** Bye.

Links:

* To win an invite to the Crazy Ex-Girlfriend event on Wednesday May 9th, send your lyrics to “The Other Side of the Velvet Rope” to ask@johnaugust.com
* Amazon Studios is no longer accepting [unsolicited submissions](http://variety.com/2018/digital/news/amazon-studios-shuts-down-open-script-submissions-1202753480/)
* The Deadline [article](http://deadline.com/2018/04/talent-agency-business-writers-guild-deal-proposal-shakeup-packaging-deals-1202373395/) that outlines the WGA’s proposal to renegotiate the Artists’ manager Basic Agreement
* [Dick Zanuck](https://en.wikipedia.org/wiki/Richard_D._Zanuck) and his [credits](https://www.imdb.com/name/nm0005573/)
* Multicams are [formatted differently](https://screenwriting.io/how-are-multicamera-tv-scripts-formatted/). This clip of the [Big Bang Theory with the laugh track removed](https://www.youtube.com/watch?v=ASZ8Hks4gko) shows how different the rhythm of a Multicam can be.
* Swedish company Svenska Biografteatern’s [footage of New York City](https://www.youtube.com/watch?v=aohXOpKtns0) as adjusted by Guy Jones
* [Assassin’s Creed Origins](https://en.wikipedia.org/wiki/Assassin%27s_Creed_Origins)
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [AlphaBirds](http://alphabirdsgame.com) is our fun new word game!
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Tim Garcia ([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_347.mp3).

Scriptnotes, Episode 346: Changing the Defaults, Transcript

April 19, 2018 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2018/changing-the-defaults).

**John August:** So, language warning. There are some bad words in this episode, so if you’re driving in the car with your kids you might want to put on some headphones. Well, don’t well headphones in the car. But you might not want your kids in the car while you’re listening to this. Or put on headphones and listen to it somewhere else.

Hello and welcome. My name is John August and this is Scriptnotes, Episode 346. It’s a podcast about screenwriting and things that are interesting to screenwriters.

Craig just started shooting Chernobyl, so he is off in Lithuania. But I am lucky to be joined by Christina Hodson, a screenwriter whose credits include the upcoming Transformers spinoff Bumblebee. It was also just announced that she will be writing the upcoming Batgirl for Warner Bros. Welcome Christina.

**Christina Hodson:** Hello. Thank you for having me.

**John:** So mostly I don’t want to talk about big comic book movies or big Transformer movies–

**Christina:** Why not?

**John:** I want to talk about your experience on things like the Black List. I want to talk about inclusion riders. Characters’ races. Windows and mirrors. Who gets to write blank? The male/female splits in movies. Basically I want to solve the systemic issues of inclusion and representation in Hollywood in the next 59 minutes. Is that OK?

**Christina:** Great. I think that’s very achievable. And between the two of us I think we’re probably going to get it all done.

**John:** We’re smart people.

**Christina:** Yeah. I feel confident. Strangely confident.

**John:** We’re feature writers. So as feature writers, maybe we’ll only solve it for features. But I feel like that will be a good template for extending through to the rest of the industry.

**Christina:** Maybe the rest of the world.

**John:** Maybe so.

**Christina:** Maybe.

**John:** You know what? Because Hollywood is the world.

**Christina:** It’s true.

**John:** If it happens here, it can happen anywhere.

**Christina:** I mean, this is the most important place in the world.

**John:** It is the most important place in the world. I have a little news before we get to that, though. First off, I’m going to be at the LA Times Festival of Books. That’s the big event that’s at USC. That is Saturday April 21 at 4:30pm. I’m on a panel talking about Launch and Arlo Finch. I’ll be signing Arlo Finch copies. So if you want to come and see me and producer Megan McDonnell and producer Ben Adair, we’ll be there. April 21 at 4:30pm. Come to that.

Also, LA Times Festival of Books is great. Christina have you ever been to that?

**Christina:** I have not.

**John:** So they basically take over the USC campus and it’s all book stuff and it’s great. And there’s lots of stuff for kids, but also panels for grownups, so it’s cool for that.

Second off, I made a game. It’s called AlphaBirds. Christina has it in her hands right now.

**Christina:** It is very adorable.

**John:** It is a small red box. It is a word game, so if you are a fan of Scrabble or Boggle or things where you make words it’s like that, but it’s a card game. It’s really good for like two to five people. We usually play on Friday afternoons as we are drinking beers. And it’s good because most of these word games require such intense focus. This requires intense focus while it is your turn, and then you can just chat and drink your beer other times.

So, if you would like to see AlphaBirds it is at alphabirdsgame.com.

Christina, you are mostly a feature writer. Are you only a feature writer? Have you done TV?

**Christina:** I’ve developed one TV show for about five years. And the rights just lapsed. So mostly features, yeah. Features is where my heart is and I only did the TV show because the book that I was adapting was too good to do in two hours.

**John:** So talk me through where you started, because I think you came through development?

**Christina:** Yeah. So I started in London. I’m obviously British. Or I’m just putting on this accent for show.

**John:** It’s a really impressive accent. So nicely done.

**Christina:** Thank you. I’ve been working hard on it. I’m actually from Texas.

So I started in London. I was at Focus Features. I kind of worked my way up from the very bottom. I was a runner at Working Title first and then an intern at Focus. Worked my way up to a junior-junior executive there. Was in development. And then moved to New York where I ran development for a small strange company, mostly features but some TV.

**John:** A Small Strange Company is a really good name for a company.

**Christina:** By the way, it is. Now I’m going to take that and use it for my own company. Small Strange Company.

**John:** For your loan out.

**Christina:** Just to be creepy and mysterious. But I did not love it. I loved working with writers. I loved story. I did not love my job. So I started writing, weirdly actually I also wrote kids’ books. Dark, weird, twisted kids’ books. It was a cautionary tales book written in rhyming iambic tetrameter. I mean, it was–

**John:** It was poetic.

**Christina:** It was poetic. But very cruel and dark and sinister. It was Roald Dahl meets Edward Gorey. And I gave it to one friend. They passed it around. And I got a call from a book agent at ICM saying, “Hey, thank you for your submission. I want to rep you.” And I was like I don’t know who you are, but great.

And then very shortly after that my now husband and I got engaged, married, moved, quit our jobs. Everything within four weeks. Moved to LA. And I had 90 days while my green card was pending. And I was like, well, I’ve got a book agent. Maybe I can write. Maybe I’ll just take 90 days and I tried to write a screenplay. And I got very, very lucky. And my first screenplay was Shut In, which ended up selling and then getting made into a movie that for a while was zero percent on Rotten Tomatoes.

**John:** Oh congratulations.

**Christina:** Thank you. Thank you very much. It’s a rare honor.

**John:** So what bumped you out of the zero percent? Someone liked it?

**Christina:** I guess. You know what? I stopped looking because they’re not as fun when they’re – the damning ones were really fun. The good ones were – I mean, few and far between, but not as fun.

**John:** So I want to back up here because this thing where you wrote this book and it got passed along and suddenly an agent at ICM was calling you, so often on the podcast this kind of thing happens where it’s a thing that you wrote that gets attention that you didn’t really mean for it. So you weren’t actively out there stumping for it. Just like people liked it.

**Christina:** Yes. I just got lucky. And that’s honestly a little bit what happened with Shut In as well. That script. I didn’t really mean for it to go out necessarily. I sat on it after I finished it for a month because I was too embarrassed to let anyone read it. I finally let my husband read it. He gave it to a friend who – and he gave it to one friend and one agent. And while the agent was reading it the friend slipped it to other people. So the agent then had to go out with it.

So my very first draft of my very first screenplay ended up being the one that went to the town, which was, you know, a weird experience. But yeah, with the book I had no intention of that at all.

**John:** So this script Shut In, that ultimately landed on the Black List. To what degree was it being out on the town was helpful or being on the list was helpful. This was 2013 Black List.

**Christina:** 2012.

**John:** 2012 Black List. So it’s still relatively – the Black List had been going for a couple of years, but it was still relatively new for that. What was the experience of that for you?

**Christina:** Honestly, I mean, I’m a huge fan of the Black List and what Franklin is doing. In my case it didn’t actually make a huge difference just because my script went out to the town I think in February. And we had optioned it by I think March. And I’d already gotten my first – I then got my first studio job in I think May or June. And the Black List doesn’t come out until December. So by the time the Black List came out I was already working and I had already done the water bottle tour.

I was very lucky to be on the Black List the next two years, and that then became a thing that was nice for my agents to be able to say like, “She’s been on the Black List three times.” It was helpful. For the first one it kind of came too late almost.

**John:** Talk me through the 30 days left on your green card, because that’s a thing that I hear from a lot of international writers who are here and they start to sort of panic, like am I going to be able to stay in the country. Like how do I sort of keep this all going?

**Christina:** It’s awful. It’s awful. So it wasn’t 30 days left on my green card. It was 90 days where I was waiting for my green card to come through, where you’re not allowed to be earning money. You’re not really allowed to be seeking employment. Honestly, like a lot of people would have worked through that or would have done cheeky things. I am just so scared of breaking any of the rules. And I’m trying to become a citizen right now. I’m in the middle of the process. I was just always so nervous of that. And my main advice to people that are international people that are coming here: don’t break any of the rules. Once you do it, you can’t go back. And it impacts. So I’ve been through a lot of visas. I started on a student visa. That’s how I came to America. I had all the right intentions. And I started an MA at NYU and just hated it. Mainly because I’d been working in the industry already.

**John:** An MA in English or writing?

**Christina:** In film and TV. It was at Gallatin so it was a very specialized MA. And it was great, and it’s a wonderful school. But I’d come from being a grownup in London and earning money and having a job. And then suddenly being in classes with undergrads, because it was mixed, it was Gallatin so it was MAs and undergrads at the same time. It was too much.

So I started working almost straight away. I think I got a trainee visa. And then I was a consultant for a while. And then I got an H-1B. I went through the whole shebang.

**John:** So you have these 90 days and you’ve written the script during this time. When you sell this script Shut In and then you get hired for your first WGA job, does anything flip? How do you go from there to being able to stay in the country longer? What was the next visa?

**Christina:** My green card just came through because of getting married. It was good timing. That’s why it was lucky that I did everything in those 90 days so I didn’t have to worry about that. It is much harder if you are dependent on screenwriting for your visa. You kind of have to be fairly established in your own country and then come over. It’s tricky.

**John:** So international listeners should know that there are special visas for like if you are a fancy British screenwriter who is already established and you’re coming over on a special talents and–

**Christina:** Yeah, I think it’s a 01 Artist Visa.

**John:** And there are special attorneys here and there who will help you make that all work. But since you already had your green card you’ve just been working on your green card this whole time through?

**Christina:** Yeah.

**John:** That’s lucky.

**Christina:** Yes. All good.

**John:** So marry well.

**Christina:** Marry well.

**John:** That’s a good thing. Going back to the Black List, news came out this last week that Franklin actually secured funding to make movies himself.

**Christina:** Oh. That’s exciting.

**John:** I’ll be curious to see what that next step is. So we’ll have Franklin on the show at some point to talk through what that next thing is.

**Christina:** He is a good person to give money to.

**John:** I agree. So it’s money that comes out of China and James Schamus is also involved with it.

**Christina:** My first boss.

**John:** Absolutely. So, we’ll see what kind of movies they’re able to make. But apparently three to five movies per year they’re trying to either make or invest in.

**Christina:** Very cool.

**John:** That’ll be a new thing. When we first started emailing one of the things you wanted to talk about was race and representation. So, I’m curious, how do you identify yourself racially?

**Christina:** Somewhere in the middle. I’m half-Taiwanese and half-Caucasian. In England I call myself a Halfie. And me and my sisters, we call ourselves Halfies. Here I think half-Asian people tend to call themselves Hapas.

**John:** To what degree has that influenced you think your career in Hollywood? Do you think you are thought about for certain jobs because of that? Do you think it has any impact on sort of the things you’ve been approached about writing or how meetings have gone?

**Christina:** Definitely not in the past. And I would say it’s only shifting in the last six months, probably around Black Panther honestly where I think people are wanting to do things that are more culturally specific. It’s obviously kind of strange because some of the things I’m being sent are about Korean-Americans and I’m neither Korean nor American so I honestly don’t – I know probably as much as you do. You live fairly near to Koreatown. But it’s also like a tricky one because if I could only write the things that I know I would only be writing about British half-Asian girls. So, yeah. I’m somewhere between.

**John:** It’s interesting with writers because to some degree you end up kind of casting a writer for a project. You sort of think, well, who do you want to write this thing. And I always think about actual real casting and sort of what roles do actors decide to put themselves up for. And to what degree do you feel like you are an appropriate person for writing this kind of story or for participating in this kind of role.

And it’s challenging to figure out sort of like what do you feel confident being able to write those things for. And so do you get sent stuff ever that you feel like they just wanted an Asian person to take a look at or take a pass on? Or that doesn’t happen in your career yet?

**Christina:** That has not happened in my career yet, but mostly because I don’t think a lot of people are doing Asian-focused stuff. I really hope that starts to shift and I would love to start being sent more of those things, not necessarily because I’m going to write them but because it means that there’s more of them out there in the world.

I have a few African American screenwriting friends who definitely get sent things because they’re African American. And they’re like nothing in my resume suggests that I would want to write this other than the color of my skin. That can get a bit weird but I understand why it happens.

But, no, so far I’m not getting stuff because I’m half-Asian. I am getting sent stuff definitely all the time because I’m a woman.

**John:** Great. Well let’s talk about that. So you just signed on for Batgirl and other movies you’ve done have had female leads in them.

**Christina:** So far I’ve only written female leads.

**John:** All right. So let’s talk about sort of coming to this last year. There has been increased focus on moving beyond the Bechdel test to really looking at sort of like what are the roles for women in these films, but also what are the roles behind the scenes. And so you’ve been involved in some of these discussions. What is the shape of these discussions and where do you think we are headed overall in the next five years? Where do you think the natural trajectory is and where would you like to see the trajectory go?

**Christina:** Well one of the big focuses of Time’s Up is the 50/50 by 2020 which is just trying to shift in front of the screen, behind the camera, in executive offices. There is a massive imbalance right now. I think one of the pieces of information that came up through a Time’s Up meeting that most struck me was a visual essay that The Pudding did that was a breakdown of film dialogue by gender which was so shocking. And I watched the Stacy Smith Ted Talk that was very famous where she breaks down the number of female speaking characters versus male speaking characters, which shocked me and whatever. But honestly seeing the amount of dialogue spoken in percentages and that breakdown shocked me so much more I think because even movies that you assume are pretty female heavy when you look at them they’re not. It’s really shocking how silent a lot of the female characters are onscreen. Even I think Frozen doesn’t break – I could be wrong – but I think it approaches 50% female dialogue, but I don’t think it breaks it.

Finding Dory was the only movie in the Top Ten in 2016 that was just over 50%. I think it was 52% or something. But it’s kind of nutty.

**John:** It is nutty. That’s the one of the things that writers can actually do. So let’s talk about sort of where you think the writer’s responsibility is in trying to find parity and try to find an appropriate level of female voices in these things. What advice do you have to screenwriters as they’re looking at their scripts, plotting out their scripts in a big way but also looking at the scripts that they’ve written? How do we improve this?

**Christina:** Am I allowed to talk about–?

**John:** You’re absolutely allowed to talk about things you want to talk about.

**Christina:** OK. Well, the reason that I reached out to you in the first place is that I wanted to talk about this issue particularly, and I wanted to talk about Highland because I think that we can be self-policing. And we can be looking at our own unconscious biases, and I think it will really help. I think there’s a lot that needs to be done later down the line with casting directors and executives and making sure that the background characters are all kind of appropriately diverse.

But I think we can be doing a lot of that stuff as well kind of before it even leaves our desk. Geena Davis who obviously has been doing amazing work for gender balance onscreen, one of the things that she said that really struck me is that one of the most effective tactics she’s had is not kind of publicly shaming people for their statistics in looking at their work but going into companies, showing them kind of, look, this is what’s going onscreen from your company. Did you know that it was this imbalanced? And that people want to be better. And self-policing is a good thing.

So I was thinking it would be great if scriptwriting software like Highland, like Final Draft, could shift and have a way of looking at your own work so that you can do that gender breakdown so that it’s not always done after the fact in some depressing study. And you were very magical and did things incredibly quickly. And I’ve been playing with it. And it’s a really fascinating tool to be able to – I mean, you can explain how it works. But I went back and I looked at all of my scripts and I was really shocked by some.

I mean, I write really female-heavy things, but some of the results were really surprising. And it made me think how important it is that we all do this.

**John:** Yeah. So what you’re referring to is based on our emails we went back and looked at Highland 2 which is about to release and we added a gender analysis tool to Highland. And so based on your script while you’re writing it, or when you’re finished with it, or you can even drag in a finished PDF, we can go through and look at what is the split of male and female characters in the story and what percentage of dialogue and what percentage of words, down to–

**Christina:** The words is weirdly the most important thing I think. And that’s why you’ve got to be careful with some of these statistics because number of female speaking characters will include a waitress who says, “Here are you pancakes, honey.” And that doesn’t really count. But it does affect statistics. So looking at number of words spoken was important.

**John:** Absolutely. It was also important to us that you had the fine tune control. That you could take out certain characters who really are not characters. Or if you have robots that are neither male nor female you can sort of account for those as well.

**Christina:** Yeah, unspecified.

**John:** Yeah. So that’s a tool that’s coming out in the next version of Highland. And I would hope to see other software being able to use it, but also just it’s a tool for the industry to take a finished script and just say what is this. Because you look at the analysis that other companies have done sort of after the fact and it’s really hard. If you’re just going through a PDF–

**Christina:** Incredibly hard.

**John:** — with a highlighter and so this is a thing that software can do.

**Christina:** They’re also having to retrofit things through IMDb and character names have changed and the scripts that they have that are often old scripts, not the shooting script. Or even if they are the shooting script the final film is so different than the shooting script. So this I think is an amazing tool to be able to look at your own stuff before it leaves your desk. Or for as you say executives to be looking before it goes to the casting directors.

Like the thing that struck me is how many of my minor characters who I really didn’t care about I was just kind of going Cop, but I was using male – I would check, because I couldn’t remember if I’d done female cop or male cop, and I’d have to go back and check. And often I would just default into like he, his. I was just making them men because they were forgettable. [laughs]

**John:** Exactly. And so it’s being specific in ways that’s helpful. So let’s stick with gender for right now, but I want to get race next which is a more challenging topic. But when you proactively make female cop, when you proactively give a gender to some of those roles, it lets the movie fit into our world a little bit more – not cleanly, but a distinctive choice. It’s showing a female police officer–

**Christina:** It’s more accurate.

**John:** It’s more accurate. It’s also showing a female police officer, it’s showing people in these roles that is important.

**Christina:** It’s so important. Especially with STEM jobs. I think, you know, there’s that saying “If you can see it you can be it.” And I think particularly for young girls, like as a girl growing up I was watching TV and not that I wanted to be Indiana Jones, but I wanted the option of having a hero like an Indiana Jones. And they were all 40-something year-old strapping white men. And I think it’s really important that we see even with tertiary characters where it doesn’t really matter. There was this other statistic that came up that really shocked me which is that you can watch 85 hours of popular TV or movies right now and you would only see a single instance of a black or Hispanic woman doing anything to do with computer science.

Which given how many TV shows we have where it’s a bunch of nerds sitting around tapping away on computers, that’s kind of shocking.

**John:** That is.

**Christina:** And with STEM jobs, particularly like why can’t we make those background doctors and scientists and researchers and computer analysts? It’s so easy to shift that. And, yes, a lot of that onus is on casting. But we can do it often in our scripts by just giving them a name or kind of, I don’t know, we can shift that ourselves I think.

**John:** One of the things I’ve discovered as I’ve been playing around with the tool in Highland is that bumping up those minor characters can sort of give a little bit more parity, but it tends to be more major characters who have more lines that is ultimately going to make a huge difference. And so it gets me thinking about sort of like, “Well what if that character were female. How do those changes ripple through if that character is female?”

And I think so often in our movies we expect that if there’s a man and a woman onscreen that there’s a romance, either they are mom and son or there’s a romantic thing happening. And to be able to say like, “OK, these are just coworkers. These are just people who are on the same team rowing in the same direction” is an important aspect of representation, too. Because we work in workplaces where men and women are not romantically–

**Christina:** Most of the relationships in our lives, hopefully, are not romantic relationships.

**John:** Yeah. So finding ways for that to be possible as well.

The natural segue though then is race–

**Christina:** Segue Man!

**John:** Segue Man. Race and representation. And where I find it very easy, usually, to take a role and say like that’s male or female, sometimes it’s harder to say like, well, this role is Thai. Or this role is Sub-Saharan African. Like trying to figure out where the natural place is to be specific but not so specific that you’re precluding a bunch of other options.

**Christina:** That’s the problem. And you guys talk about this very rightly on the show, a lot of specificity is key. Specificity is wonderful. You want to write characters that don’t just feel like generically Asian but like my Crazy Ex-Girlfriend. That’s a really specific good character that is written as part of that culture, not just generic Asian guy.

But, if we are too specific in our first drafts, are we then limiting roles to a very, very tiny pool of actors when really what we want is just to make the whole movie more diverse? So it becomes really tricky, particularly I think in the kind of movies that we write, you know, bigger studio movies that the story won’t necessarily need to be about the fact that the dad in the movie is John Cho, and is Asian, but it would be great if he were.

So, it’s hard knowing when and where to specify. And one of the questions that I reached out to you with because I was thinking about it is should we – because I know Craig and you have said on the show in the past like you can’t put race just in parenthesis next to age because that’s not a character, as your only character description, which is completely true and fair. That’s not what defines you. But there’s also characters often where you don’t want to waste the lines or the extra words on a bigger character description, but you would like that person to be other.

It becomes tricky because you have to kind of find a standard. If you only name the people who are other than are you suggesting that everyone you don’t name is Caucasian? The answer is no, it shouldn’t be. But honestly there is a problem with the default white read.

**John:** There is. Absolutely. So let’s go back through and talk through some of these issues here. So, one of the ways which a screenwriter can signal that a character is a specific race is to give that character a name that’s just what race he’s from. And so Gutierrez or Chu or Chow or something like that.

Your Crazy Ex-Girlfriend reference is – and people can listen to the Crazy Ex-Girlfriend episode I did with, I think it was a bonus episode I did with Aline–

**Christina:** Yeah. It was great. I listened to it.

**John:** Where they talked about originally it was I think Josh Cho, originally Josh was supposed to be Chinese. And they ended up finding an actor who is Filipino and they said like, well, that’s awesome. We’ll make your last name Chan. And they built out his whole universe as Filipino and they were able to find a great Filipino writer who was going to help them out with all of that. And it worked out fantastic. It was a very specific thing.

And yet if they felt themselves limited by their initial instinct to cast him as Chinese they wouldn’t have gotten to that guy. So finding that flexibility.

**Christina:** Yeah. And what if – I mean, it’s slightly different with TV because Aline is in there and can make changes as she’s doing it and she’s very much in control. With features, imagine if that was a feature and she’d written it just Josh and didn’t specify any race, would people have been able to make the mental leap when they were casting him to be like, “Oh my gosh can he be Filipino?” You know, to go from nothing to a specific race – if she started with Josh as Chinese, would it have then been fairly easy for them to cast him as Filipino and kind of then tweak the script versus if she just left it open, everyone assumed he was white, and then you have to go to Asian. It’s a tricky thing.

**John:** I want to get back to a point you made about specifying a character’s race might make it seem like it’s important that he be that race. That there’s going to be a story reason why that character has to be that thing. And it’s a natural thing we see in features is that every choice seems deliberate, and so therefore if you’re making the choice there must be a reason why you’re making that choice. And sometimes the reason is just because you want the movie to be more diverse.

**Christina:** Yeah.

**John:** So we can flag that by names. I still feel a little hinky when I see the “Chinese, 40” after a character’s description.

**Christina:** Of course, yeah.

**John:** But maybe we need to get past that hinky feeling or find another way to show in scripts like, “These are opportunities for inclusive casting.”

**Christina:** I know. The question is do you have some kind – do you say “open ethnicity?” Do you have some shorthand for it? Some standardized thing that everyone is using? Because I’ve been talking to people kind of since I’ve been looking into this and a couple of studio heads have said, “Yeah, when we send things to casting if it doesn’t specify race, 100% the casting list comes back and it says Caucasian now suddenly next to their name.

And obviously we can’t fix all of that. But maybe there is something that we can do to fix some of it. I just feel like because we are completely in control until we give the script in, it feels like there’s got to be something we can do. And at least having the conversation I think is important because it’s a scary weird messy conversation. And when you first asked me to be on the show I was like, “I don’t think I should.” But I also think it’s time for us to have the messy, tricky conversations. And there aren’t any easy answers. But it doesn’t mean we should stop looking.

**John:** Yeah. Often when I send in a script I’ll have an after page that will give additional notes about things. Like if I’m using songs in a script I’ll add a page that says these are the songs and these are the people who wrote the songs, just so I feel like I’m not just poaching people’s stuff. Or make it clear what was the original song versus what I added and so people know where stuff came through.

And so I can imagine we could come up with some sort of standard thing that doesn’t feel too scary that says like opportunities for inclusion or things like that, because you don’t want to list only the roles that could be non-white, but you want to make sure that you’re flagging–

**Christina:** That it’s clear that things are open. Craig also suggested when we were emailing – his suggestion was he’s always wanted a character breakdown at the front of scripts. I think doing them at the front of scripts in the ways that plays do is probably too much of an ask. It’s like a big change in this industry. I also think it kind of kills some of the mystery and romance of like, “Oh, who are we going to meet later in this script?” But I do think there’s a world where that’s a standard thing that you deliver with a script at the back, or as a separate addendum, which maybe could help there where you could literally have a slot where you’re listing the age range, where you’re listing is race important in this particular – is a specific race important in this role or is it open? And if you say open then it should be open and shouldn’t be white specific.

**John:** The conversation we’re having is really between what we do as a writer and what a director will do and what a casting director does, and obviously producers and studio heads have influence over this, too. But it’s how do we sort of get from this idea of what we have on the page to the actual breakdown. And that literally is the casting breakdown.

This last week someone on Twitter had posted – I think it was a Deadline article that I tweeted about a casting breakdown for a new show. And they were describing the different characters in this – it sort of felt like a Friends kind of show. And the female lead of the show, it was painful sort of how she was described where she’s like, “She’s a girly-girl who can hang with the guys. And she has a tattoo behind her ear.” And it didn’t talk anything about what she wanted or what her goals in life were. It was just like she’s the hot girl next door.

And I do wonder if there’s something that we as screenwriters can do to sort of help get past those casting breakdowns. Because I guarantee you those writers didn’t write that description. It was written by the casting breakdown person. But we need a little intervention there with them about how we’re describing these characters because it’s so frustrating for us, the writers, but also it’s got to be frustrating for every actor going in for that part.

**Christina:** But also kind of humiliating. Just depressing. Yeah, we do need to fix that. I also think that – and you and Craig again talk about this often and it’s so important is good character descriptions in the script when you first introduce a character. That aren’t all about how cute, effortless. Ugh. We need to work on that and we need to make sure that our character descriptions on the page – because by the way the casting breakdowns would love to just copy and paste something from our own scripts if we had great pieces of intro there.

The problem is how many lines you use up. And sometimes you try to pack a lot in and you can’t afford to do that. But also describing someone in a way that does leave it open racially. I wrote one of my spec scripts, where because I’m mixed race I generally am not assuming anyone is white. I’m kind of assuming anyone is anything. But I kept hearing that people assumed that the lead role was white and I couldn’t understand why. And I went through the whole script and I found there was a couple of places where I said that she pales. And they were like, “Oh, she must be pale. She must be white.” And I was like people of other colors can pale as well.

**John:** Yeah.

**Christina:** But little things like that, or comments on color of eyes can subconsciously be really rooting you in a certain race without you meaning to.

**John:** Yeah. A script I wrote recently that I may direct at some point, I wrote one of the main roles in it. And in my head it’s like, well, you know Octavia Spencer who was in The Nines would be fantastic for this. But I didn’t put anything in there specifically that said she was African American. And so it was interesting as I sent it out for – because we were doing budgeting – and I started talking with producers about this is who I was thinking about. They’re like, “Oh, I didn’t realize she was black.” And because I didn’t insist that she be black it did go to a default white.

**Christina:** The default white is crazy. I was in a studio meeting a year or so ago where someone said, “Oh, I’m really worried this script is too white.” I mean, I’m pleased by the way they were worrying about it, but I said, “Why? There’s only two people that are specified where it was important and one was Hispanic and one was African American.” And they were like, “Well, everyone is white.” And I was like, “No they’re not. They’re just not specified as being anything,” because again I don’t want to say that someone is Indian and then block someone that’s Thai getting the part. You don’t – they could be anything, but everyone just kind of – unless you point it out or unless it’s part of the story does kind of default white read most of your characters unfortunately.

**John:** Yeah. We only have about 20 minutes left, so I don’t know if we’re going to be able to solve default white reads.

**Christina:** Dammit.

**John:** I mean, come one, we promised people–

**Christina:** I know. I thought we would be so much further ahead than this.

**John:** I think part of the solving it though is the real discussion of it and sort of recognition of that if you don’t specify people are going to fall into that. Or maybe we can train readers to not slip into that thing so quickly. But it is frustrating.

Have you heard the term “windows and mirrors” used in terms of inclusion in writing?

**Christina:** Only from you.

**John:** OK. So this is a thing I heard a lot when I was doing Arlo Finch because in kids’ books they talk about it all the time, especially for middle grade. And so the idea is that books can serve as windows and mirrors for kids as they’re looking at those characters and trying to fit them into the bigger world.

And so a window is if you have a character who has a certain background or experience and so a kid who doesn’t have that can look through their eyes and see what it was like in their point of view.

A mirror is a person – if a kid who can see themselves as that character. Basically – especially like races or situations that have been underrepresented, they get to see themselves reflected back and they feel like, oh, I am part of that culture. And so often you’ll see African American writers who say, “I loved Chronicles of Narnia and all these fantasy books but there were never black people in any of these stories.”

And so to provide that character in there is a mirror back to their own experience or a specific life experience that they never see reflected back to them. So like Arlo Finch mirrors back that sort of mountain life that I grew up with that I just never see in books. But it is an interesting idea that I think is really popular in kids’ lit right now, but I think we need to start looking at in terms of what we’re doing in movies.

With Black Panther, I think part of its huge success was that it mirrored back something that the African American audience desperately wanted to see.

**Christina:** Super powerful, amazing, exciting way.

**John:** I remember before the movie opened and just people on Twitter or on Instagram people were with the standees and they were just cheering the standees. Just the fact that it existed was a huge thing.

**Christina:** I have to admit, and it’s weird, I cried in the casino scene in Black Panther because it was so refreshing to see this woman be so badass, and she was in a stunning, elegant dress, but she wasn’t like sexy for the sake of being sexy. She seemed powerful and strong and she was kicking all the ass. And it was so exciting to see. And I know a lot of women who had the same reaction in Wonder Woman in No Man’s Land. Just like so happy and overwhelmed.

**John:** I wept openly in No Man’s Land. Yeah.

**Christina:** You can’t believe it. And it’s so strange that we can’t believe it, but we really have grown up not seeing that. We’ve seen kind of the over-sexy, leather pants, skinny hot sidekick girl kick ass. But it never felt real, or true, or powerful in the same way.

**John:** The other thing which really struck me about the casino scene in Black Panther is that when we leave Wakanda we don’t go to Europe or America, we go to Asia. And it’s like we’re not going to the place where all the white people are. We’re going to Asia. And it’s a completely specific place that we’re going to. And I guess Martin Freeman is the one white person who is sort of wandering around in there. But it’s not about “We have to go to the ‘real world,’ the ‘real world’ being white. We’re going to a very specific Asian place.” And that was a really cool moment.

I haven’t seen a lot written about Martin Freeman’s role in Black Panther, but it is fascinating that the white people in the movie, they’re there to see some stuff but not to sort of make anything happen.

**Christina:** They don’t save the day.

**John:** They don’t save the day at all.

**Christina:** Thank god. We’ve seen enough of those movies.

**John:** No white saviors in this.

**Christina:** No white saviors for sure.

**John:** So, going back to Crazy Ex-Girlfriend and other shows where in having Josh Chan be Filipino they were able to bring in a Filipino writer who could bring a very specific perspective to that. So often in features we’re the one writer, so we’ve got to write everything. They have a room for Crazy Ex-Girlfriend, but we are just the one person. Have you ever worked in any room situations in features? Can you talk about that?

**Christina:** So, the Transformers writers’ room was obviously a famous features experiment where we did three weeks in a room together and it was 12 writers, three of them were partnerships. But 12 writers in a room. It was not dissimilar to the TV thing in terms of we learned about the thing that we were doing, we talked about it as one big picture and then we each kind of picked an episode as it were. We kind of naturally gravitated towards different things. It was amazing how naturally we all went to different areas. There was no overlap. And then we each developed our own stories and helped each other brainstorm and it was a very collaborative thing where we would pitch a loose outline and then people would give suggestions or notes or thoughts. But we really kind of had our own pieces.

And then obviously I do, as I’m sure you do, like a ton of roundtables of things. I recently did with Paramount another writers’ room like that for three weeks.

**John:** So part of that seems so exciting because it gets more people and more brains involved on something on topics of inclusion and making sure that the world is fully representative. It gives you a chance because it’s more than one person looking at stuff.

Part of me also is just terrified of the sense of like it’s hard to figure out then who deserves credit for story. Because we’re not really set up to do that kind of stuff in features.

**Christina:** And I think it can get very tricky when – the situation that I have not done on purpose because I don’t like it is when it’s a ton of writers going in and you don’t know who is going to come out writing the job. And it’s one job. That I think can get super murky. And I know writers who have given very fundamental core ideas that have made the movie and that haven’t gotten credit.

So the ones that I have gravitated towards have been the ones where it’s more about collaboration and helping each other, which I think is a wonderful thing because we are such hermits as feature writers, we’re also good together and we like helping each other and we’re good at helping each other.

And as long as you don’t go in with too much of an ego and you’re open to that experience I think it can be a wonderful thing. The competitive bakeoff thing not so good.

**John:** Yeah. I had a friend describing situation where it was this four or five day room and then like whoever sort of did the best in the room was going to get the job.

**Christina:** It’s gross.

**John:** It feels gross. And usually what it is is they have some more powerful high-priced writers and then some inexpensive writers–

**Christina:** Who they milk.

**John:** Yeah, who they milk. But a lot of times it is one of the inexpensive people that they kind of want to give it to because they don’t have that much money. It feels weird. If I were starting in the business now, of course I would go to one of those things. And in some ways it’s no different than to have 12 writers going in to pitch on a project. But rather than doing it serially you’re doing it parallel.

**Christina:** Yes, except that you shouldn’t go in and pitch on things and then they just steal all your ideas. Like that’s also not nice.

**John:** At least you’re getting paid for it.

**Christina:** And, by the way, it’s OK to – like I’ve had an experience with a studio where I went very deep in the, I mean, I got beyond pitching. I was kind of meeting with the director and some of the producers for long periods of time. And they did the honorable thing. At the end I didn’t get the job but they wanted to use a couple of ideas so they gave me a contract and paid me as a consultant.

**John:** Yep.

**Christina:** Like it can be done not that expensively. So the getting people in to pitch knowing that you’re just doing it to steal their ideas, or doing those roundtables knowing that you’re just doing it to milk – ugh – milk writers and then pay someone cheaper. It is gross.

**John:** It is gross. So, hopefully it’s a thing we can move past. But I would say overall as the WGA we’re not well set up to figure out how to handle and treat these feature writers who are in these roundtables. Because during that roundtable you were probably paid like a producer – you’re paid like a minimum?

**Christina:** No. Transformers writers’ room, Akiva Goldsman ran that and was very adamant that we all be paid really well so that we wouldn’t hold back and say that it wouldn’t be kind of using and abusing writers. We all did that room for three weeks and then we all wrote our own treatments. And then if we then were sent to script, which I was and that’s how Bumblebee came about, then we get paid for that script separately. But we were paid for our participation in the room and for a treatment. So it was very fair and good and they did right by us on that one.

**John:** That’s great. I want to listen to a clip – so during the Oscars Frances McDormand said very early in her speech like, “Two words, inclusion riders.” So after she said that in the Q&A room she had a little explanation about what that was. So I want to listen to her explanation and then talk through what we think might be the possibilities and realities there.

**Reporter:** Can you please explain your comment at the end, the two words, inclusion rider?

**Frances McDormand:** Right? I just found out about this last week. There is – has always been available to all – everybody that does a negotiation on a film, an inclusion rider which means that you can ask for and/or demand at least 50% diversity in not only the casting but also the crew. And so the fact that I just learned that, after 35 years of being in the film business, we’re not going back.

So, the whole idea of women trending, no. No trending. African Americans trending? No. No trending. It changes now. And I think the inclusion rider will have something to do with that.

**Christina:** Women aren’t trending.

**John:** Women aren’t trending. Women have always been here. So this idea of an inclusion rider, I can’t envision any screenwriter getting anything like this.

**Christina:** I feel like you could, John. You could do anything you want, dammit.

**John:** Demand it. In some ways we are our own inclusion rider. We can shape the degree–

**Christina:** On the page.

**John:** On the page. And we’ll see sort of what happens. Do you see it working/happening? Do you think this is a thing that we’ll talk about?

**Christina:** Even if it doesn’t fully work we’ve got to try. You know, this is something that Stacey Smith came up with I think in 2014 and they’ve been working really hard on figuring out the legals of it and how to implement it and how to make it work.

And I could be misspeaking, but I think the idea is not that you have to have 50% diversity behind the camera, but that you have to aim to have 50% diversity behind the camera. I think there is such a natural kind of backlash and people freak out that like “under-qualified people are going to steal our jobs,” which there always has been with things like this. And people need to just chill the fuck out.

But I think, yeah, it’s about kind of implementing things like the Rooney Rule. It’s about aiming for that. Interviewing a lot of diverse candidates for the jobs. And trying to get that behind the scenes.

**John:** What is the Rooney Rule? I’ve heard it, but I don’t remember what it is.

**Christina:** I can’t tell if you’re pretending you don’t know or if you really don’t know.

**John:** I genuinely don’t know what it is.

**Christina:** So the Rooney Rule comes from NFL and the idea is that when you’re hiring – in the NFL it was when you’re hiring a coach or someone outside of the – not institution, well, institution – that you have to interview at least one candidate who is diverse. And it’s something that the WGA has talked about a bunch. They were talking about it for this recent round last year. It didn’t end up kind of kicking in. But it’s something that a lot of people are supporting and want. I think it’s hugely important and I would love to see it implemented. I would love to see it be obligatory. Because I think a lot of the time writers aren’t even getting in the room. You know, you’re not getting enough women in the room. You’re not getting enough people of color in the room. Get them in the room. Give them a shot.

Like on Transformers, Geneva Robertson-Dworet, Lindsey Beer, and I were probably the diversity aspect. We were the only three women in the room. When they first announced the first four writers in the room they were all white males and there was a huge kind of backlash, like “How can you just have a bunch of white guys?” Thank god there was a backlash. They then hired the three of us, I’d like to hope not just because we’re women but also because we’re talented. But we were kind of probably the less experienced writers in the room. And we all did really well.

Like look at what they’re doing now. Geneva Robertson-Dworet wrote Captain Marvel. She just wrote Tomb Raider. Lindsey Beer is writing King Killer Chronicles for Lionsgate. She’s crushing it. She just spent three days in a room with Quentin Tarantino for Star Trek. Because we had that opportunity we got to prove ourselves. So I think getting people in the door and letting them fight for the job is so important and so worth doing. And it’s a big part of what the inclusion rider will do is give people the chance to get those jobs that they may otherwise not have gotten.

**John:** Absolutely. So in terms of in front of the camera, those changes can be challenging based on the nature of the movie. There are going to be movies where it’s going to be hard to find – if it’s a period piece, it’s a period WWII piece, it’s going to be hard to do that. So you’re going to have to be realistic about those. But behind the camera–

**Christina:** There’s no reason why we can’t.

**John:** Absolutely.

**Christina:** And in front of the camera we also have to remember, I mean, you mentioned Chronicles of Narnia. That’s fantasy. There’s no reason why there should be no black people. Like, if there are leprechauns, I mean, it’s not leprechauns. There are people with goat legs. They can have black people there.

**John:** I 100% agree. And I always get so frustrated when people like will poke at Cinderella for having a black character in Cinderella.

**Christina:** It’s Cinderella World!

**John:** Absolutely. It’s like it’s kind of Europe but it’s not really Europe.

**Christina:** It’s so crazy.

**John:** It’s frustrating. Even on Big Fish, I remember there was one time where we had a circus scene. And this is a fantastical world. And this extra came up and was saying like, “Oh, just so you know there shouldn’t be black people here.” And it’s like, “Yeah, OK, I can understand in an historical context, but remember we are in a fantasy. This is the idealized version of sort of what this world should be.”

**Christina:** It’s not the real world anyway so why can’t we do what we want with it?

**John:** Yeah.

**Christina:** It’s maddening.

**John:** It’s maddening.

**Christina:** Maddening.

**John:** A challenge with inclusion riders behind the scenes, and so I think there’s ways to say this that’s not sort of implying that you’re going to hire less qualified people. Sometimes it’s hard to find enough people, people who have training and stuff. So it feels like it’s also a mandate to make sure that you are giving people the experience–

**Christina:** It’s not going to happen overnight. We’ve got to train the people up.

**John:** Absolutely. So you talked about STEM and representation of STEM people. It’s like, you know, well if we want to hire more black female engineers we need to make sure that they’re–

**Christina:** That they’re going to university for it. Yeah.

**John:** That they recognize that it’s a thing they can do and make sure that they identify it early enough. And support them while they’re going through that.

**Christina:** I also think that’s really important once you’ve hired the person that you keep that support. I have a friend who is a producer who tried to hire an incredibly diverse team for the movie behind the camera. Hired someone in a very key position who was less experienced, but because she was a woman and she was a woman of color and they really believed in giving her a shot. But because she didn’t have that much experience she really struggled.

And I think what’s important is that person who made that decision to hire that person isn’t punished for that decision and that there is some sort of network or system or safety net so that that person doesn’t lose their job but they can be supported and helped and then get the next job, and the next job, and continue their career and continue to become more experienced.

**John:** Absolutely. You don’t want to put people in positions where they’re going to fail.

**Christina:** You want people to win.

**John:** Yes.

**Christina:** So mentorship programs I think are hugely important. But also just like starting on all levels. You can’t just suddenly change the top levels without working on the lower levels.

**John:** The DGA training program seems like it’s working well in trying to get more diverse directors out there, both literally directors and also assistant directors and those crucial roles of actually making the trains run on time.

**Christina:** Yeah. And I think TV can do a lot of help. They can really help out with features as well because you can take more of a risk on one episode of TV. You know, Ava DuVernay has done amazing things with her shows in terms of hiring very female-heavy crews and female directors. More people need to be doing that.

**John:** And the training equivalent for writing in some ways is TV. It is our writers’ rooms. And so that’s why you see an emphasis on trying to make sure that you are getting those diverse candidates in those rooms, both because it’s helping those candidates grow, but also because it’s making those rooms better. It’s bringing in new voices.

A frustration which I’ve heard about through the WGA is that a lot of times candidates who come in, or people who are brought into a show on the lowest level as the diversity hire have a very hard time getting the second job and the third job.

**Christina:** Well, often because they were the diversity hire their job was subsidized. And so then getting paid an actual salary is like, “Oh, but we can’t actually pay her real money.” I mean, it’s mental.

**John:** That has to be fixed.

**Christina:** That’s got to be fixed. It’s craziness. Craziness.

**John:** There’s a question we have from Kate and so let’s wrap it up by talking about her question. She writes, “I’m pondering why some movies feel timeless while others don’t. Why do some things have such staying power like The Princess Bride or Indiana Jones or Singing in the Rain, while other movies feel dated almost as soon as they come out?”

Christina, what thoughts do you have about movies that stay timeless versus ones that feel like, wow, they were of that moment and don’t last?

**Christina:** Interesting. I mean, this is a silly thing to say but one of the things I’m always careful of when I’m writing is not including too much technology if I don’t have to because that–

**John:** 100%.

**Christina:** The person doing whatever doing on their smartphone, that smartphone is going to look ridiculous in five years’ time. And I think that can often really date things.

But I think it’s also just about universal character arcs. Really relatable characters. Stories that feel like they aren’t – they don’t just belong to that one person but they are captivating in a bigger way rather than just kind of this specific girl growing up in very much the ‘90s or the 2000s or, you know.

**John:** A lot of things she references having staying power are fantasies. So, they have some grounding in the real world but they’re mostly sort of taking place out in another space and time and so therefore they don’t feel as anchored into our time.

You mentioned technology or cellphones, which are of course really a killer.

**Christina:** They’re also just a bummer, honestly. Who wants to see anyone texting?

**John:** They destroy us.

**Christina:** They ruin thrillers. They really do.

**John:** They do. But any reference to technology tends to be really time stamping. You know, Sandra Bullock in The Net. It’s like, oh no, you recognize that–

**Christina:** It was so cutting edge…for a minute.

**John:** Yes. But in some ways it’s the movies that ask kind of timeless questions or that have great heroes who feel like they’re out of time. Those are the ones that sort of tend to stay. And the ones that are asking very contemporary questions, in some ways that feels more like TV where it’s like you’re right of the moment. And also just think about the lead time to make a movie. It’s two or three years to make a movie. And by the time they come out it really might be a thing that has passed for us a bit.

So we’re going to hear Craig’s voice for a second because it’s time for a special feature.

**Christina:** Yay.

Craig: John’s WGA Corner.

**John:** So a couple listeners wrote in to ask, “Hey, will you and Craig talk about the thing that’s happening with the agency agreement being renegotiated?” And, yes, we will be probably next episode. But I’m curious, Christina, have you heard anything about the agency agreement or do you know anything about what’s going on?

**Christina:** I know a little bit about what’s going on, but I missed both meetings because I was out of town. And I would like to hear your episode on it because I want the breakdown.

**John:** Absolutely. So we will break that down and talk about what’s happening and sort of what’s not happening and it’s a very different thing than sort of when we negotiated our deal with the studios. So it’s going to probably be a very slow train. But we’ll talk through what that is and sort of why it matters.

And it’s interesting you brought up the Rooney Rule because there’s another sports connection between this is that writers are much more in some ways like NBA players.

**Christina:** I feel very much like an NBA player.

**John:** Yeah. Our relationship with the people who employ us is kind of more like our dealing with teams than it is dealing with the big factory. And so some interesting things happen because of that and because we have agents that represent us there’s actually some good parallels there, so we’ll talk about that.

**Christina:** And who’s working for who.

**John:** Exactly. And making sure that our agents are working for us and we’re not working for our agents. Have you been in any situations where an agency is employing you or some–?

**Christina:** No.

**John:** It’s happening.

**Christina:** It is?

**John:** Yeah.

**Christina:** Oh, of course, because they’re financing movies now.

**John:** Yeah they are.

**Christina:** Which is very tricky.

**John:** It’s very tricky. So we’ll get into a bit of that.

**Christina:** I don’t like that.

**John:** Other little bit is from Stuart Friedel, who is our former Scriptnotes producer, he’s also a new WGA member. Congratulations Stuart.

**Christina:** Ooh, congratulations.

**John:** He had these questions about dues and then he ended up finding a really useful PDF that talks through the process of sending in your dues. Because you’ve dealt with WGA dues.

**Christina:** It’s so old-fashioned. It’s crazy. The system is so hinky and weird and you can just put in whatever you want and make up. It’s crazy.

**John:** It’s crazy.

**Christina:** It’s getting updated though, right?

**John:** It’s getting updated. So, what’s weird about WGA dues, and so for people who don’t know, as a member of the Writers Guild you end up paying 1.5% of your earnings into the guild. And you would think like, “Oh, well that must get taken out of your checks.” It doesn’t. Like you are responsible for filling in a form every quarter saying this is what I earned on this project.

**Christina:** And you better type in all the numbers correctly or you pay the wrong amount and get in trouble.

**John:** And then you send them money. And so they don’t dock money. It’s a really strange system.

**Christina:** Really strange.

**John:** And so people as they do it for the first time have questions, so this little PDF I’ll put a link to helps answer some of those questions. But we might do an episode more about dues down the road because both dues collection has been updated throughout the guild and there are probably ways we could do even better down the road.

**Christina:** Yeah.

**John:** Cool. End of WGA segment. It’s time for our One Cool Things.

**Christina:** Oh shit!

**John:** Did you forget your One Cool Thing?

**Christina:** I completely forgot my One Cool Thing.

**John:** How about this? I will do my One Cool Thing first. And then while I’m talking you can think about something that you like a lot that you want people to see. It could be a TV show, it could be a book. It could be something great out there in the world.

My One Cool Thing is a book. It is a book called Mothers of Sparta by Dawn Davies. I actually met Dawn because she has the same publisher and we were at this dinner together. And so she stood up and she talked about her book and I’m like “That sounds really cool.” So I bought it and I read it. And it is really cool. To describe it, I would say if you’ve read any of David Sedaris’s books, like they’re kind of memoirs and they’re funny, this is like David Sedaris but if you grow up poor in South Florida. And there’s a little bit more sort of holy shit.

What I like about it is, you know, a bunch of stuff happens in her life. It sort of goes from her childhood up through where she is now. And a bunch of stuff happens that would sort of break other people. And it reminds you that so much of who you are is sort of the ways you got broken and healed. And it’s just really great and really funny and really terrific writing. It’s her first book. So I was just super impressed. Mothers of Sparta by Dawn Davies.

**Christina:** I would love to pretend that I have just suddenly come up with a great One Cool Thing. So I’m going to come up with a One Cool Thing that is a general idea.

**John:** Sure.

**Christina:** Which is – and it’s a piece of advice I think for all aspiring writers – which is my One Cool Thing is my female writer friends.

**John:** Oh, tell me about this.

**Christina:** I think it is really important that you find your – people are so worried I think in this industry about networking and about networking up. And I think honestly it’s the wrong way of approaching it. I think you’ve got to focus – sure, network if you want. I find it gross. But find your peers. Find your people that will stay with you through this industry. You know, I mentioned Geneva and Lindsey earlier. We support each other. We take care of each other. We text each other when we have painful experiences in pitches or whatever. Julia Hart who is a female writer-director. You know, there are days when we have horrible experiences, where we’re really struggling, where the system is misogynistic and painful and awful. And if I didn’t have my girls supporting me and like by my side I would have a hard time just emotionally.

I think it is really important – boys, find your boys, or your girls, or whatever. But I think women in this industry, find each other, support each other. There is this myth that we’re all competing with each other and we want to push each other down. It’s the opposite. And I think it’s really wonderful to – particularly in this moment – women represent only 25% of the Writers Guild. That’s so sad. There need to be more of us. Find young female writers you can mentor if you’re an established female writer. Make there be more of us.

**John:** Absolutely. Screenwriting was invented by women. And it’s crazy that–

**Christina:** I did not know that.

**John:** I’ll have to Google to find out her name, but sort of the first established and known screenwriter was a woman.

**Christina:** Of course she was.

**John:** Because as the screenplay format sort of came into being, because of course originally it was just like they were pointing cameras at things and shooting. But eventually you had to have a plan for what that is. So one of the first sort of credited screenwriters is a woman.

**Christina:** I love that.

**John:** And as the screenplay format evolved, she evolved with it. So, it is–

**Christina:** I bet she had good girlfriends.

**John:** I hope she had good peers. I hope she had a good group there. Yeah, thank you. That’s a very good One Cool Thing.

That is our show for this week. Our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Hunter Christensen. If you have an outro, you can send us a link to ask@johnaugust.com. That’s also the place you can send longer questions. For short questions, on Twitter Craig is @clmazin. I am @johnaugust. Christina, are you on Twitter?

**Christina:** I am not on anything.

**John:** Congratulations.

**Christina:** I literally have no social media.

**John:** That’s very nice. You can find us on Apple Podcasts at Scriptnotes. Just search for Scriptnotes. While you’re there, leave us a comment.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts. We get them up about four days after the episode airs.

You can find all the back episodes at Scriptnotes.net. We also have a few of the USB drives that have the first 300 episodes available if you want those for your bunker. As the world falls apart and you just need to listen to Scriptnotes, you can listen to those.

**Christina:** Wear your USB around your neck.

**John:** Absolutely. Just plug it in whenever you need to. It’s very, very nice. Christina, thank you so much for coming on the show. It was a pleasure talking to you.

**Christina:** Thank you so much for having me. I really didn’t swear as much as I thought I was going to.

**John:** Congratulations.

**Christina:** Thank you. I’m very proud of myself.

Links:

* Thanks for joining us, [Christina Hodson](https://en.wikipedia.org/wiki/Christina_Hodson). Her upcoming movies include [Bumblebee](http://deadline.com/2016/11/transformers-bumblebee-christina-hodson-script-paramount-pictures-spinoff-script-1201852869/) of the Transformers franchise and [Batgirl](http://deadline.com/2018/04/batgirl-movie-christina-hodson-writing-bumblebee-1202361134/).
* The Pudding’s [Film Dialogue from 2,000 screenplays, Broken Down by Gender and Age](https://pudding.cool/2017/03/film-dialogue/)
* Premium subscribers can listen to the Crazy Ex-Girlfriend bonus episode with Aline Brosh McKenna and Rachel Bloom [here](http://scriptnotes.net/bonus-aline-brosh-mckenna-rachel-bloom-crazy-ex-girlfriend-qa).
* A [pilot announcement](http://deadline.com/2018/03/bright-futures-emily-ratajkowski-shameik-moore-lilly-singh-calum-worthy-jimmy-tatro-cast-lisa-kudrow-narrates-nbc-comedy-pilot-kenya-barris-1202355863/) that includes this character description: “a girl-next-door type but also with a behind-the-ear tattoo. She can just as easily bro out with the guys as she can be the girliest girl.”
* A [guide to WGA dues,](http://johnaugust.com/Assets/DUES_FAQ.pdf) courtesy of Stuart!
* [Mothers of Sparta](http://www.amazon.com/dp/125013370X/?tag=johnaugustcom-20) by Dawn Davies
* Female writer friends, like [Frances Marion](http://time.com/4186886/frances-marion/)
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Hunter Christensen ([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_346.mp3).

Scriptnotes, Ep 343: The One with the Indie Producer — Transcript

April 2, 2018 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2018/the-one-with-the-indie-producer).

**John August:** Hello and welcome. My name is John August. This is Scriptnotes. It’s a podcast about screenwriting and things that are interesting to screenwriters.

Craig is off in Europe working on Chernobyl. Luckily we have a guest who is more than his equal. Keith Calder is an indie film producer with credits ranging from You’re Next, to Blair Watch, to Charlie Kaufman’s animated Anomalisa. His new film, Blindspotting, debuted at the 2018 Sundance Film Festival where it was purchased by Lionsgate. It comes out this summer. Keith Calder, welcome to the show.

**Keith Calder:** Thank you for having me.

**John:** So when Craig is gone I love to have a guest on who knows about things that Craig and I don’t know about. And I really don’t know very much about indie film. So, I have worked at the Sundance Labs helping out projects that are going into production. I had a movie that came out at Sundance, The Nines, but that was 10 years ago. And I feel like indie film changes a lot year-by-year. So, I’d love to talk about sort of the state of indie film right now. And a lot of our listeners are people who are trying to put together movies, and I want to know what that’s like. So, I think you might be the person to help us out.

**Keith:** I can try. [laughs]

**John:** What do you actually do as an independent film producer? What is your day-to-day life in trying to put together movies?

**Keith:** You know, it’s interesting, because it’s a question that gets asked a lot is “What does a producer do?” I get asked it even on the sets where I’m doing my job and people still don’t know what it is. And I think it’s a hard question to really even define. The more – I think I used to have a bunch of glib answers and a lot of kind of easy quick responses. And the more I’ve done it the more I realize how useless most of those are. So, I’ll try to give a more complete answer.

The simplest is I think you sort of have to separate the concept of the credit of the producer from the job of the producer. The credit of the producer could go to really almost anyone. It could go to someone who was friends with the writer. It could go to someone who knew that an actor might have been looking for a certain piece of material. It could go to someone who just has some money that they want to put into a movie. Or it could go to someone who is doing the more full set of jobs that is a producer.

Or it could go to someone who is actively trying to sabotage your movie. They just end up with a credit anyway.

**John:** Let’s go through the range of those possibilities. And first of all we’ll talk about what kind of producer are you mostly? Are you a producer who is on set every day getting the shots, making sure that the movie happens? Are you the person who finds financing? What is your role in the movies I have described?

**Keith:** I think traditionally I’m a – first of all, I would say I work with a producing partner who is my wife, Jess, and we’ve worked together on almost all the movies we’ve made. So to a certain degree when I’m answering, what I’m really answering is how we as a unit work. But I would say that predominately we’re a beginning to ending producer. We’re there from often concept through to marketing campaign. And that means being in the room for casting sessions. It means being there, deciding who the director is. It means being on set with usually one of us at the monitor all the time and the other one, if not at the monitor then kind of preparing for the challenges of what’s coming up later in the day or the week or the rest of the shoot.

What I would say is that as I’ve grown as a producer I’ve come to realize that that’s not necessarily always the right answer. Like I think that a lot more of what I do now is I do what the job requires. And I think on some films it means you have to be there for everything. And some films you actually shouldn’t be there for everything. There’s other people that can make those decisions and be there. And that your job is choosing when to actually step in and when not to step in.

**John:** Absolutely. So on projects where you are the producer from beginning to end, so this is a thing where you have found either the filmmaker or you found the script and here is a nascent idea for a movie and you’re the person who gets it to the next step. Talk about what that part of the process is like. Because so often what Craig and I are talking about – so in the background you’re going to hear my dog whining. This is Lambert, my dog, who is the best dog. But he’s very excited to have a guest in the office. So if you hear some whining in the background that’s Lambert.

**Keith:** It was very kind of you to excuse my horrible whining sounds that I make by blaming them on your dog.

**John:** Exactly. Always blame the dog for the farting noises and everything else.

Usually when Craig and I are talking about putting a movie together we’re talking about there’s a pitch and you’re going in, you’re pitching to a producer, then you’re pitching to a studio. And there’s a whole sense of “this is how movies get made.” But it’s a very different process that you’re describing. Most of the movies that you’ve made, what is the process of – is it a filmmaker first? Is it a script first? What is the thing that got that project to come together?

**Keith:** I think it’s different with every project. I think I’ve come to realize that each film takes its own path. I will say that for me and for Jess a lot of the things that we’ve made started with us identifying talent that we wanted to work with. And then building a film from there. So in the case of our most recent film, Blindspotting, it is one way the most typical version of how we would make a film, and in other ways completely atypical.

About 10 years ago Jess and I decided we wanted to make a movie based on the world of spoken word poetry. And so we started watching a lot of Def Poetry Jam and watching a lot of poets on YouTube, and finding whatever we could. And we found this young poet, Rafael Casal, who is based up in the Bay who had appeared on Def Poetry Jam a couple times. Jess reached out to him I think via YouTube and just said, “Hey, have you ever thought of making a movie? We feel like you could write a movie or star in a movie.”

We flew up there, met with him, and he’s like, “Well, I love movies but I don’t know anything about it whatsoever.” We then spent really nine years working with him and then meeting his friend, Daveed Diggs, and developing a film from scratch that they wrote, starred in, and produced with us. But it was really from us identifying a type of movie that we wanted to do. And then finding the right collaborators, and then building it from the ground up from there.

I mean, I say building, really they did most of the building. They were writing the script. But we were sort of helping them figure that out the whole time.

**John:** Great. So you identified an area. There’s a movie to be made in this world.

**Keith:** Yeah.

**John:** Who might be the person to make that movie? And then you sort of nurtured them along the way.

**Keith:** Exactly. So that’s a good case there. And then I think with You’re Next was a movie where we had produced a few horror movies, and it was a genre that we liked working in. But we found it really hard finding projects, like films that were horror movies but also had an interesting voice or something to say. Or something that separated them from the rest of low budget horror.

And we had a film doing the festival circuit the same time that Adam Wingard and Simon Barrett had A Horrible Way to Die. And a few friends said, oh, you guys should really meet because I think you’d work well together. We finally grabbed dinner and started talking about movies. And the four of us all really hit it off.

And Simon mentioned that they were working on a home invasion movie, and we kind of spent the rest of the dinner talking about a lot of what we all considered the problems with that genre and kind of how those problems could be opportunities if you approached it the right way. And I think within two months Simon had a script that he sent us that we liked and we immediately signed on to produce it and put it together. And we were shooting it in the spring. And that was the first of three movies we’ve made with Adam and Simon. And I think that, yeah, it was about the person first for us, and then the idea, the sort of what the movie could be. And then just a lot of conversations about how you go from idea to execution.

**John:** Absolutely. So in the case of You’re Next, which I thought was terrific, and it was a very smart exploration of the home invasion genre and sort of what that’s like. Basically really question the motivations of why these characters are doing what they’re doing. You have a script now. So you have a filmmaker you like. You’ve seen the thing that he’s made before. You have a script you like. What is the next step in figuring out where we shoot this thing, how we do this thing? And while you’re figuring out how you’re making it are you also planning how it gets released? What the venues are for it getting out there in the world?

**Keith:** Yeah, I mean, You’re Next is an interesting case study for this, because we knew we wanted to do it. Simon and Adam were coming off of making a movie for I think about $100,000 and they wanted a step up in budget. We had had some experience in making movies in that sort of $500,000 to $1 million range, which is in a way a really huge range, but also a very small range. So it was kind of figuring out where in that range the movie made sense to do it.

Adam and Simon had worked on A Horrible Way to Die in Missouri, and so they were really excited about the idea of going back to Missouri to make You’re Next. So the location was kind of figured out in a grand sense from that. Like we knew we wanted to go to Missouri to shoot this movie.

The actual location of the house was something we found literally a week before we started production. It’s not like we had a specific place where it was going to happen. In terms of building it, we had the script. We started casting. We brought on a foreign sales company, Hanway, which is the company we had a relationship with from prior movies. Hanway started selling the film off the script, and I think before we started production we decided we just wanted to try to sell one major international territory. And then kind of take risk for the rest of the equity on the film. And so we sold the UK I think for about half the budget, which is really unheard of. And once we did that we were like, “Oh OK, we’re fine, we’ll just go make the movie. Keep the rest of the world as upside and know we’ve kind of covered half the cost out of the UK.”

And our goal was very much to shoot the movie in the spring. To have it ready to bring to Toronto to premiere at the Midnight Madness section of the Toronto International Film Festival, which I view as one of the top places to launch a low budget horror movie. And luckily for us Toronto saw the movie, and liked it, and accepted it. And so it was definitely a case of we had a plan for each step and it all went according to plan. But to a certain degree those plans are ludicrous. Like it’s nonsense to assume you’re going to sell half your budget from one territory. It’s nonsense to assume that your film is going to get into the exact festival and the exact thing you want. And then it’s going to sell to the one distributor that you think is probably the best distributor for it.

And I think it’s easy to look at the success stories and say, “Oh, that’s the path.” It’s only the path because it was successful. If we hadn’t taken that path, we would have had to find some other way to have the movie find success.

**John:** Absolutely. So I want to go back and define some terms, just because people may not know some of the things that you’re talking about. So when you say equity, so basically this is money that you had found. That you had/you found. Basically it’s money that you could write a check for or have somebody to write a check for for making the movie. So, in a small budget, in this case it was half of that. But other times you might write the whole thing and sell stuff later on. There’s many ways of finding the money to make the movie the first time.

**Keith:** Yeah. I would say the thing that makes it hard for people to learn too many lessons from our path is that we have financing. So we can put our own money into films at this point. So a lot of the more traditional independent film producers and model are about finding other people to put money into the film. For us it’s much more about feeling comfortable with where we’re putting our equity in. And if we’re making bigger movies it’s finding other partners or finding ways to justify it.

You know, the truth is with independent film even if you do have financing it’s a hard business to stay in business in because the nature of it is that most films don’t succeed. And if you’re a studio, most films not succeeding means that you recoup half the budget. In independent film, the film not succeeding means no one ever buys it. It never gets seen by anyone. And you recoup nothing. So it’s a high risk/low reward business, so kind of the worst of them all.

**John:** Yeah. Good choice of career here for you.

**Keith:** Yeah.

**John:** Just to define other terms. So you talk about foreign sales, or foreign presales, or foreign sales. And so classically most indie movies back 10 years ago when I was doing The Nines, either you would – based on the script, the director, and the cast you would go to international markets and say like, “OK, I have this movie that stars these actors, it’s this budget, it’s this thing. Here is a mock poster for it. Will you give us a certain amount of money for France, a certain amount of money for the UK?” And hopefully you get some people bidding against each other. You raise enough money from those people essentially saying “We promise to buy your movie when it’s done” that you’re able to then go back and get financing in order to do it.

So, essentially you have a commitment that they’re going to buy it when the movie is completed and then you go and get a bank loan essentially, a special kind of bank loan, to make the movie. Is that still the common model? Because I feel like in the last 10 years with the rise of streaming, with the rise of other sort of distribution platforms that may not be as crucial. And also some budgets, just because of technology and other things, some budgets have come down a lot lower. So, what are the models right now for making a movie?

**Keith:** I mean, it’s definitely the Wild West now. I think that what you described was the dominant model for, I’d say, pretty much from maybe the late ‘80s through to maybe six or seven years ago. And I think it still exists. There’s still a lot of independent films that get financed off of the foreign presales model where you use that to kind of fill in the gaps. And you put it together that way. I think more and more it’s a hard model to make work, because a lot of foreign distributors are struggling in their own territories to kind of make their businesses work. They aren’t being as aggressive on pre-buying most movies. The sort of star value system is in a different place than it was in the past. Like I think there’s a view that a lot of stars that used to be bankable just on their own now are maybe bankable with other stars, or bankable within certain types of intellectual property. Or bankable within certain genres. Or bankable if you are also spending $20 million on P&A. So it’s less of a given that you can kind of raise money off of a package.

The other side of it is that the market for films now a lot of time are driven by worldwide buyers and the foreign sales model can really hurt the chances of a film when you do that. So Netflix for example is a big buyer of movies now. They’re not super excited about buying a film that already has a lot of foreign territory sold off in advance, because they want the entire world. Same is true for Amazon. Same is true for even some of the traditional distributors like a Fox Searchlight. They kind of want to have the world when they’re buying a movie.

There’s definitely a weird chicken or the egg problem there because you sometimes need to try to sell those rights to finance the movie, but then you also are expected to retain those rights to sell the movie later.

**John:** The situation I find even sort of more frustrating and dispiriting is when you see a movie that’s gotten made that’s not perfect but there’s something promising there, and they clearly have not thought about distribution at all. And so I’ve gone into 20 screenings where I see this film and it’s like “This film is good and it’s interesting and it’s promising, but there’s a very good chance that no one will ever see this film because it will never get released in a meaningful way.” And that’s the real heartbreak is that when people come to me saying like, “Oh, I was thinking maybe I’ll just raise some money and do this myself.” I want to be encouraging because you want them to be that sort of one thing that breaks out that gets that big attention, but it might not be that thing that breaks out. And they could have spent all of their life savings trying to make this movie that no one will ever see. So, figuring out like what the overall plan or strategy is for distribution feels so crucial at an early stage.

Not only what is this thing that you’re trying to make but how will people see this thing you’re trying to make.

**Keith:** I completely agree. It’s interesting because I think a lot of people, when they’re approaching independent film, are looking at the movies that exist in the marketplace, meaning like things you can just watch on TV or in theaters or on Netflix, and their assumption is, “Well, if I make a movie that’s better than the worst of those then that means I will get to be released in those same ways.”

**John:** The plus one fallacy.

**Keith:** Yeah. And it’s the same thing that happens with people writing spec screenplays. They look at the movies onscreen and they say, “Well, if I write a script that’s better than the worst of them then that means that I will be able to succeed.” And it’s just not the way that the world works. And I think that one of the key things to realize is that most of the movies that you see in the world are movies made by companies that already own their own distribution system. And the nature of that is that they will always rather release the worst movie they’ve made than the best movie you’ve made. It’s just fundamentally the nature of their business is that they need to try to return money on their bad movies over making you money on your good movies.

I would agree with you. I would be very cautious to advise anyone to go out and try to make an independent film. I think it’s a tricky business, and it’s a tricky creative path to take. That said, sometimes it’s the only way you can make a movie and sometimes for certain types of movies it’s the only way they would ever be made. And I think that the models that we kind of touched on a little bit, but the other models for making independent films these days are really relying on soft money, which is when I say soft money that usually means tax incentives. In Europe or Australia or certain other parts of the world they have heavy arts funding bodies where you can kind of get big chunks of your budget that way. And independent film financiers that are looking for different returns than just financial returns. Like there are definitely people that are putting money into movies because they want to support the arts, or because they want to – for the more callous reasons is that they want to hang out with famous people and things like that.

I’m not saying that I wouldn’t advise that. That’s what people do. But sometimes that is the source of money you need to get your movie made.

**John:** So let’s talk about a hypothetical filmmaker who has a script that’s in a genre that they know the genre, it’s a pretty good script. It feels like a movie that should be made independently. It’s fairly low budget. It’s the next Adam and Simon.

So, if Adam and Simon were to come up today, what would your recommendation be for their next steps? Should they shoot a short that’s a proof of concept? What would be the way to get their movie made, whether it’s You’re Next or their movie before that? What would you recommend that they do?

**Keith:** I think the key advice I would give anyone is when you’re starting out make things as cheaply as possible. I just think that there is a path for just making things so cheaply that the minimal value that most independent films get can still help you recoup your budget. And I think that that’s a path that I think the Duplass brothers took really well and I think it will always be a path. There’s always going to be an appetite for movies of a certain sort. And if you can achieve quality with very low budget I think you can find a path within independent film.

I think a lot of it is about deciding where you want your career to be and what type of filmmaker, either as a writer or as a director, or any aspect of filmmaking. You want your path to be. I think that if you’re looking at what you hope to do and it’s Marvel movies or Bond movies or just movies that require a lot of money to go do, I’m not convinced that the independent film path is the best path there right now. Even though a lot of the studios have been hiring independent filmmakers, it’s a lottery ticket path rather than like actually doing things that show you can do the work to get there.

**John:** So your hunch for going down the Marvel path or the James Bond path would be through screenwriting, though visual effects, like how would you recommend that person get to the big prize of making those things?

**Keith:** My advice is always that your path to success is to do the things that you’re the best at. And I think a lot of time the things that you’re the best at are the things that you have the most passion for. And I think those are the two areas I would always recommend people focus on. I think that it’s more likely that a fantastic amazing stunt coordinator is going to get hired to direct a big movie than someone who has made another big movie really badly. Like I just don’t think that – it’s an industry where you get over-rewarded for things that you do really well. And I think that those are the things that you need to focus on.

I think it was Guillermo del Toro said that all of the things that are flaws about you when you start doing well just become your voice. And when you’re not doing well they’re all the things people point out as problems.

**John:** Yes.

**Keith:** And I think if you focus on all the things that you do great, then all the things you don’t do great you either figure out how to get around or you they just become part of your voice.

**John:** That’s great. So, let’s talk about, when I was doing The Nines, a big push at that point was that you had to – you really wanted a deal that guaranteed theatrical release. And if you didn’t get your hand stamped in theaters that was a real mark against you both for the value down the road in home video, but just as a filmmaker you wanted to have that theatrical release. Do you still see that as being such a crucial thing for a movie that’s coming out of a festival right now? Like Blindspotting is going to have a theatrical release, but if Netflix had come to you and said we’re going to buy it for more money and we’re going to promote it a certain way, would that matter to you?

**Keith:** To me, yeah, it probably would still matter to me, if I’m being honest. I mean, part of that is that I’m what I view from a sort of in-between generation of people that kind of grew up with Netflix as their primary form of entertainment and people who grew up with theatrical film experience. If Netflix were offering a lot more money and that meant that our financing was recouped and that it had a higher profile in the world then yeah, for sure, I would go that path.

But I do think you have to kind of compare these things realistically. So I think that a lot of the time people will overvalue the theatrical release because they’re imagining that the film will break out in some massive way. And the truth is that very rarely happens. So I do think that you have to be fiscally responsible. Like you shouldn’t go with the theatrical distributor that is paying you nothing over a non-traditional or what is it, I guess, online release or something like that where you are actually able to recoup your investment and get your film out there and seen by a lot of people.

**John:** Yeah. The question of like “seen by a lot of people” is such a weird thing with streaming because obviously anybody who looks at Netflix, you scroll through and you see like what are all these movies. What are all these things? Who could watch all these things? But living in Los Angeles you actually drive by billboards for all of these different limited series and movies and I’m halfway convinced that some of them don’t actually exist. That like if somebody actually looks for them, then they’ll go off and make them, but they’re just trial balloons for things because it’s a giant expensive billboard for something like I don’t know what that is. I’ve never heard of this thing. And yet somehow you made this thing. We’re in a very strange time.

I feel like all the extra money being thrown into that system is leading to some really weird choices. And obviously people are – you know, it’s production that’s happening, which is great. But if I were that person with that billboard I would be excited but I would also really be wondering is anyone actually going to see this thing that I’ve spent years of my life making.

**Keith:** I’m always curious about those billboards in LA. But I feel like part of it is just about these streaming platforms proving to the rest of the industry that they’re legitimate and big and promoting their movies. And I think it’s so much of the billboard – the billboard game in LA seems to be about advertising within the film industry rather than advertising to consumers. It’s an odd sort of ego game more than anything else.

**John:** Yeah.

**Keith:** You can also see that – I know that studios will buy billboards near the actors in their movies so they feel like they’re spending money on the movie. And I think the same thing happens where Netflix are buying billboards based on reminding certain production companies that “Hey you should come sell your thing to Netflix” and things like that.

**John:** That’s very true. We got a question in from a listener and I thought – I already emailed it back because I actually know the person, but I thought I’d read it and get your take on it because this is sort of your wheelhouse. And it’s about a decision of life kind of moment.

So he writes, “After working for a reality TV company for over two years I was just laid off. With a downturn in show production came downsizing, and it turns out I was more expandable than I thought. Stressful, but I’m realizing that I have basically unlimited possibilities in deciding what’s next for me. I’m unmarried, no financial dependents except for a low maintenance dog. I’m not tied to any geographical location or job. And the world is essentially my oyster.

“If anything, I see this as an opportunity to take steps towards big picture career goals: writing and directing features or writing and producing television is the real goal here. In the moments of calm self-reflection that I’ve been able to find between bouts of panic, two distinct potential next moves have clarified for me.

Option one: I focus all my energy on making a feature film directorial debut. I drive Uber, work part-time, sell myself to extras casting to make ends meet while giving myself the flexibility and time to develop, write, and put together an achievable indie feature film. It’s hella ambitious, but I still have a lot of connections in my non-LA places to crew something like that up for a non-union low budget feature within the next year or three.

“Option two: I still work on my own projects in my spare time but stay working in the industry. Jump to the bottom of a more useful ladder, such as a PA or assistant in the lands of scripted television or features and then work my way up.”

Keith Calder, so these are two very different paths and they’re sort of what you were describing. That sense of like do you go off and make the independent film or do you try to work a more normal path and inch your way up? What would you want to talk to David about?

**Keith:** I think that my main advice for David, not knowing anything beyond his scenario from what he’s kind of outlined here, is that I don’t think you should view these paths as mutually exclusive. I think that writing is something that as long as you have time within your day you can set aside a large enough portion that you can focus on it. You can do really no matter what else you’re doing, especially when you don’t have kids and you don’t have other draws on your free time. So I think that if he wants to write I think that’s something he can do while he’s still supporting himself financially with an income of some sort.

I also think that when you’re trying to make a film, especially a micro-budget independent film, you need to have resources other than money. And those resources are a crew base that are from people that you know or that you have worked with or that you have mutual fondness of film together. And I think that you build that by working within film or working on other people’s films or doing things like that. I think that there’s a danger to think of this as, “Oh, my path to making movies is to silo myself.” And I actually think for most people your path to making movies is to surround yourself by other people that are making movies.

So, I would advise that, if he wants to take the path of writing and potentially directing and making an independent feature, I think that it’s something that while he’s writing it he can be building a crew base by going out there and PA-ing and working on other people’s independent films or on short films or whatever it is. And I think you build the team that you then use to go make your micro-budget film.

**John:** I think that’s the right advice. When I was writing back to him I said, I first off asked does he have that project that he’s passionate about. Whether it’s written or not written, you have to have that thing like you’re going to wake up every morning saying like “Hell or high water I’m going to make this thing.” And figuring out what that is is a crucial first step.

And so to put everything else aside, to write this thing which you don’t know what it is yet, feels like a mistake. But I really agree with you. You have to find who your group is. Who your core people is you can collaborate. Because so much of making a movie is essentially entrepreneurial. You’re basically figuring out how to do all that stuff. And if you’re figuring out how to make a movie and how to sell a movie and how to cast a movie and how to do all of these things for the very first time, you’re not going to be great at all of those things. So you need to witness the process through other people. And so you’ll learn about how to physically shoot something by physically shooting some things. That means crewing on some other people’s films. Not just little student university shorts, but some bigger things. Seeing the ups and the downs. And then make your own stuff and sort of work your way up through.

On any crew you’re going to be able to pick three or four people who are like, “Oh, they’re great. They really know what they’re doing.” Help them out and get them to help you out and sort of rise up together. Because you see even the people who have gone through to do the bigger studio features, people who have done Star Wars, they tend to still bring along some of their indie film people because those are the people who are really smart that they trust, but who also have a vision who can do a thing that other folks can’t. So, I’m urging David to spend these next couple of years finding those people and finding that place rather than try to do the lottery ticket where I’m going to write the one thing that’s going to breakout and everything is going to change.

There’s a thing, you know, a term called “silent evidence” where we only see the successes and we sort of miss all the things that fail. And I feel like it would be helpful for people to go to a second or third tier film festival and see all the movies and then follow up on like what actually happened to those movies. And some of them you’re going to love and some of them you’re not going to love, but most of those movies are not going to find a home anywhere. And yet each of those filmmakers had spent years of their life trying to make that thing. And so recognize what a gamble you’re making by sort of putting everything into just one thing.

**Keith:** And to think about those second tier, like those mid-level tier film festival, are still rejecting other movies that don’t even get into that festival. So, yeah, it’s absolutely true. I think independent film and film and entertainment in general is dominated by success. And I think that that success is all that’s visible. And it’s easy to get caught up in the idea that the lower tier of the things that are successful is the lower tier of everything. And it’s just not true. You’re just seeing the top 1% of what’s being made. And you’re looking at the bottom of that top 1%.

**John:** Yeah. It’s crazy.

Starting to talk about film festivals, how important are film festivals for an indie film that’s coming out right now? Theoretically you would have finished – like a movie like Blindspotting – you would have finished it. You would know what it was like. Why go to Sundance to debut it rather than just like you know who the distributors are. You could’ve just had a screening and invited them to come. What’s the decision process there?

**Keith:** You know, it’s interesting. I think there’s a few key festivals that are really, really important to trying to sell an independent film. There are festivals that are wonderful for exposing audiences to independent cinema and for building great relationships and things like that, but I do think there’s a few that are really markets for selling finished films in a way that still provides a lot of value. And I think Sundance is near the top of that list. And there’s a huge variety of reasons. Things that you can read about and I’ve thought about a lot over the years.

I think the key ones are just the decision makers are actually all watching your movie at the same time. And are aware that they probably have to make a decision quickly. I think those two things lead to being able to sell an independent film and create not necessarily a bidding situation but the idea that there’s an understanding that this film will probably get distribution within the festival or shortly after the festival if it’s a commercial movie that people recognize that side of it.

I think other festivals it’s really hard to do that just because honestly the distributors don’t go. So you can go to an even just slightly tier below Sundance and have an amazing screening, and it doesn’t have that same benefit because the decision makers aren’t in the room. Maybe the junior people below them are and they can kind of say, “Oh, it was good, you should watch it at some point.” It just doesn’t have the same environment that I think Sundance and Cannes and Toronto and a few of these other film festivals will have.

So I would always – if you have an independent film that doesn’t have distribution, I think it’s always worth targeting the biggest film festivals that you can. You can do your research and see which films have launched out of which film festivals and sort of start to get a path saying that, “OK, my film is like these types of films that did really well at this festival. That’s probably a good festival to premiere at.”

**John:** So, when we were doing The Nines one of the crucial things we had to have was a PR/marketing company who would plan the festival basically with us. Basically so we could go in with a message and this is how we are going to communicate. These are all the different media venues we’re going to talk to. Is that still a thing? Is that still a crucial aspect of this early part of the process?

**Keith:** If we have a film that’s premiering at Sundance or Toronto, which are really the two main festivals we’ve had films at as premieres, the two things that I would make sure that we have are a festival publicist that is just handling all of the PR requirements for that festival. And a sales agent, whether that’s a foreign sales agent or domestic sales agent.

I think that if you’re trying to sell a film at a festival, especially at a major festival, those are two very important elements. The sales agent especially if you’re making your first movie. You don’t know how to, A, manage the sort of market process of getting distributors to show up to the screening. But certainly you don’t know how to manage the process of handling proposals and how to counter the proposals and when and when to have filmmaker meetings and when not to have filmmaker meetings. And there’s a whole rigmarole to selling a movie at a festival that you just won’t know how it works on your first movie or probably your second movie either.

And then with the publicist, there’s a lot of things that you can do as a savvy producer to help promote your movie, but the publicist will have a better sense of how to target it towards critics. Which critics to get into which screenings. A lot of times they’ll be helpful thinking about sales strategy. But they’ll also give you good advice on what not to do. So there’s simple things that I would advise filmmakers not to do when premiering a film at a large festival. And a lot of those things go against what the festival is encouraging you to do. So I think that you don’t want to release a ton of still images. I think you usually would want to release one, maybe two, and I don’t think you should be putting up your own trailer and your own promo. I don’t think you should be releasing clips for the movie.

And really all the things that on the surface seem like really logical things to promote your movie I would advise against.

**John:** Why?

**Keith:** I think that if you have a movie that has anticipation, where either it seems like it’s a commercially-minded movie or it seems like it’s the launch of a really interesting filmmaker or interesting acting talent and you have a good screening slot in the festival, I think you have to have confidence in your movie and confidence in the festival that you’re in that people will want to come see it. And I think that the more materials you release the more you’re potentially seeming desperate, which I think doesn’t help the market around your movie. And I think the more that you are putting out into the world things that your eventual distributor will regret that you’ve put out into the world.

Almost every time I’ve worked with a really great distributor it’s something they’ve brought up is that they’re really thankful that we didn’t have some trailer that we cut in-house and put out there because as – I mean, as I think everyone knows now, once something is online it’s just forever. And so suddenly anytime anyone wants to see what’s going on with that movie they’re opening the trailer that you did your best intentions to do a good job cutting a trailer for, but it’s just not what a studio would use to sell your movie.

**John:** You’re going to show up with some sort of one sheet, some sort of art work that can represent it on a board but it won’t be the final artwork.

**Keith:** If that. If that.

**John:** So you wouldn’t even do that?

**Keith:** We do do that, but we only do it if we’re doing it properly. So, I mean, we’ll use poster vendors and we’ll go through the process and get a lot of comps and kind of really make sure that either it’s a really strong poster or something that could not be considered anything other than a teaser image. I think that your strongest step forward at a festival is purely non-traditional marketing, or very teaser-based marketing that don’t reveal much about your movie.

I think that the more you reveal about your movie before it plays at the festival, the more that you’re either elevating anticipation to the point that you’re setting expectations differently from what you want them to be, or that you’re giving distributors a reason to pass on your movie. I think that a trailer that doesn’t fit how they would sell a movie or a poster that doesn’t fit how they would sell a movie is a strike in their heads against your movie.

**John:** All right. So all this advice that you’re giving are things that a first time writer-director is not going to know going into this. So it feels like that writer-director wants to have someone like you, an experienced producer who has done this kind of thing before. How would you recommend that writer-director find the producer who might be the right person to do this movie, or to do all these parts of the job, but especially this part of the job which is so different?

**Keith:** I think that if you’re making a low-budget independent film, especially if like your friend David, like if he’s making a movie that’s really a micro-budget movie where it’s a group of friends coming together to make a movie, I don’t think you need to have a producer like me where I have a bunch of experience at festivals and things like that. But I do think that’s where you want to have a good sales agent and you want to have a good publicist.

I think that you can find someone like me to give advice. I mean, every year at Sundance there are filmmakers that I know or friends of friends or things like that that will reach out for advice on what to do at the festival and I’m happy to give it. But I’m not a big – I’m not a big proponent of filmmakers making a movie and then seeking a producer to put on it to help them with the sales process. I think that the kinds of producers you would convince to do that are not the kinds of producers you actually want to be in business with, generally.

There are people who exist in that space doing – giving the advice that you’re looking for. And really those are sales agents and festival publicists.

**John:** So, the flip side of that question, so let’s say that you are a person who loves movies and loves independent film, but you are not a writer-director yourself. How does one become a person who is making films? Is it what you’re describing where you find a filmmaker you like at a festival and you say like, “Hey, I want to sort of help you make your next thing?” Like what is the process of–?

**Keith:** Of becoming a producer?

**John:** Of becoming a producer. Of becoming sort of like what you’re doing.

**Keith:** You know what? I actually do think that if you live really anywhere in the world and you want to be a producer, I do think that your best step forward is to go to your local film festivals. Wherever you live there’s probably one within driving distance. And see what the local talent base is like and see if you can build a local filmmaking community of some sort and make movies that way. I don’t think that that is necessarily a path to financial success and kind of success within the larger industry, but it is a path to working within the arts and making movies in the same way that I think if you want to do theatre you can go be in your local theatre production. You shouldn’t have an expectation that that’s going to lead to you starring in a play on Broadway.

I don’t think there’s anything wrong with making regional cinema. I think that’s actually a great way for people to spend their time. And I think you can do really cool work that can expand way beyond that. But I do think that the arts has a tendency to look at the absolute most success and then say, “Well how do I get to that?” And there’s very rarely a real path to that other than doing what you can do as well as you can.

**John:** Yeah. I think your metaphor for like theatre is appropriate because most people are not making a fortune in theater, especially not smaller theater. You do it because you love to do it. And so there aren’t people who are making a fortune off of independent film. There was sort of that heyday in the rise of Miramax where it felt like, “Oh, that’s where all the excitement and all the money is.” Fox Searchlight does really great, but that’s not what most indie film is really like. It’s making enough money to make that movie successful and be able to make the next movie. It’s not giant mansions.

**Keith:** I think it’s also tricky with independent film is that a lot of movies get sold as independent film. Like it’s viewed in the world as being independent film, but they’re truly studio movies. And I think that a lot of the most successful movies you would consider independent — that the general people would consider independent films — are essentially studio movies that were just made for a low budget that they were able to convince everyone to work for cheaper by pretending it was an independent film.

**John:** That’s true. So how do you like to define independent film right now? Because we’re talking Fox Searchlight or we’re talking A24, they’re making the movies that are kind of like that but they are really their own studios. They’re getting approvals – it’s not like they’re buying that movie off the festival usually. So what is independent film to you?

**Keith:** I would still consider, I mean, this is a definition that everyone has differently. For me, I’m pretty strict in the sense that I think that if the source of financing of the film was not a major distributor, then it’s independent film. And that can include really very large movies as well as small movies. Like I would include a movie like Looper as an independent film because it was put together, the model we talked about earlier, where they were doing foreign presales and they were piecing it together that way. But it’s a big budget movie with movie stars and everything in it.

Arrival I think is a similar thing. That’s an independent film because it was made independently. And then a studio really wanted to buy it and they bought it. I wouldn’t consider a lot of Fox Searchlight movies for example as independent films because they were really just low budget movies made by a division of a studio that makes low budget movies.

**John:** Yeah. “Specialty” might be the better term for it.

**Keith:** Yeah. They can still be an art house movie. Like it’s released in art house theaters, but that doesn’t mean it’s – to me it wouldn’t be an independent film. That’s kind of my criteria.

**John:** Absolutely.

**Keith:** So I would still consider an A24 movie an independent film because I think that they are an independent company. That they also release their own movies doesn’t mean that they’re not independent of the larger major studio system.

**John:** Absolutely.

**Keith:** To me, the sort of ground where I’m not sure is you could make a case that Lionsgate’s movies are independent films. I mean, it’s an independent studio, but it’s also a majorly traded public company at this point with a large valuation. I guess mini-major is kind of what you call it now.

**John:** But to be clear, you’re trying to distinguish between independent film represents a business model whereas specialty or art house represents a style or a placement of a kind of movie, regardless of the genre.

**Keith:** Yeah.

**John:** So you can have big budget sci-fi indie movies and you can have studio-made art house films and that’s fine. But not to try to conflate the two things together.

**Keith:** Yeah. I mean, for me, to a certain degree, I’m not sure what – if a studio is financing a movie I’m not sure what it is independent of. I think independent should be defined by it being independent of studio financing. I think that is what independent should mean.

Yeah, I think it’s more helpful to describe films by how they are originated rather than how they end up being seen.

**John:** Absolutely. Sometimes it’s also the sources of financing are a bunch of things cobbled together. So Participant felt like that kind of thing, where Participant was a company with a specific sort of agenda in terms of progressive ideas. And so they would funnel money into a bunch of things. And so a lot of those movies feel either they truly were independents or they were kind of studio movies where Participant was participating in them.

Go was originally a totally independent movie and so we had foreign financing. We had a list of – we had to get a white male star, 45 years or older, to be in it. And we just couldn’t put all the pieces together. And at the very last minute Columbia came in and took over. And that – it was a combination of things. And still it happened, it’s called a negative pickup, where essentially the studio has already agreed to buy it and basically they’re the bank that’s paying for everything. But we were still able to work like an indie film, where we didn’t have quite the oversight that a studio would have.

That’s another way of thinking about it is that I talk to sometimes Sundance filmmakers who are – they have a certain plan. They’re going to do it in a very classic way and then a studio comes in and the studio just becomes the bank that takes over the making of things. So you don’t know what it’s like. I think sometimes being flexible about sort of how you’re actually going to do it is the key. You have a vision for what the movie is going to be. Who paid for it and how it is coming out in the world is sometimes less important.

**Keith:** Well, yeah. I wouldn’t put a value judgment on whether something is independent or studio. Like I think that there are movies where you maintain more autonomy and creative ability within a studio than you do independently. Yeah. I think there’s so many emotional things tied to the idea of something being independent or studio that I think in every given case is not the reality.

**John:** Yeah. What are some movies that you’ve seen lately at festivals that you want to make sure that we are aware of that we look for that are coming out in the next year?

**Keith:** I’ll be honest. Like, at Sundance, I was at Sundance. We had our movie there. I saw one other movie. It’s just when you have a movie premiering at a festival that you’re selling and doing all the marketing PR around you don’t – I find I don’t have time to watch anything.

The film that I saw recently that it’s not helpful because it’s not out in the US. There’s a movie called Down Under that’s an Australian independent film that’s fantastic. And it was so good that I immediately reached out to that writer-director about doing his next movie which we luckily were able to do. But it’s a comedy about a real race riot in Australia. And it has tinges of Get Out and that type of where it’s a commercially-minded movie that deals with very real issues in the world. And I’d say Down Under is an incredible movie. And if you are in a country where it has been released, I highly recommend checking it out.

**John:** Talk to me about how you reached out to him. Did you reach out through Twitter? Did you reach out through official representatives and channels? How did you get to him?

**Keith:** So, I’ll tell you. The short version is that it premiered at Fantastic Fest, which I wasn’t at, but I have had films at before and I kind of know people there. And a friend of mine who lives in Austin was at Fantastic Fest and he said, “Oh, you have to see Down Under. It’s the best movie at the festival.”

I then went on Studio System and looked up the director. And I saw that coincidentally he had just been signed by the same agent who represents Adam Wingard who is a director I’ve worked with a bunch. So I reached out to the agent and said, “I hear this movie is great. Is there any way I can see it?” And he got me a screener. I watched the movie with Jess and we both loved it. And I said, “Can I talk to the director?” And the agent set up a Skype and we Skyped.

**John:** Great.

**Keith:** And then the next time he was in LA we got dinner together with him and with his producing partner.

**John:** Great. So that’s the situation of this wasn’t anything he did to get to you. He made something good, put it out in the world, and people came to him because it was good.

**Keith:** Exactly. And I will say that that’s often what the path is. I think that there’s a tendency to feel like the proactive thing an aspiring writer-director should be doing is reaching out to people with query letters or emails or things like that. And I actually think the proactive thing you should be doing is making things. And then showing them to as many people as you can show them to and hope that that goes somewhere.

**John:** I’ve had a series of assistants who have gone on to become great writers and busy employed writers. And they always ask me, “How will I know that it’s happening? How do I know that it’s all going to happen?” And to me it’s always when I hear that their scripts got passed around to people who they didn’t hand them to. And basically when someone read something that was good enough that it just got passed around. And that’s almost always kind of the case where it’s the work itself. And so it’s doing really good work, putting it out there in a way that people can discover it, because it’s not going to do any good on your shelf. And then it just kind of happens. It’s what happened for me and it sounds like it’s what happened for this filmmaker.

**Keith:** Yeah. I think so much of what launches careers is word of mouth about your work and word of mouth about you as a person. Those are the two things. And I think that in the case of with Adam and Simon it was the word of mouth that you would all work really well together, which I heard from four or five different people. With the case of Abe who did Down Under it was, “Hey, you have to see this movie. You’ll love this movie.”

**John:** Cool. It’s time for our One Cool Things. My One Cool Thing is a book called Liar Town: The First Four Years 2013-2017 by Sean Tejaratchi. I’m going to mispronounce his name. But Liar Town is a great site on the Internet. You should go type, I think liartown.com. And you will see that there are absurd images and memes that this guy has created with ridiculously good Photoshop skills. They’re always found things, as if he found this book that existed on a shelf, but of course he made it up. The book version of this sort of takes all the stuff that he’s done on his site and prints it in a terrific form.

If you buy this book you should not leave it out where children can see it or your parents can see it because there’s lots of dirty images. But it’s one of the most hilarious things I’ve seen to the point where like, if I read it at night, I hurt from it – stomach and chest hurt from laughing so much. So I’d recommend Liar Town: The First Four Years.

Do you have a One Cool Thing?

**Keith:** I do. I thought about this a lot, because I’m an avid listener to the podcast, so I’ve heard many cool things at this point. Mine is the Eco-Cha Tea Club which is a – there’s a lot of these online things where you sort of pay a subscription fee and they send you different things each month. This is an oolong tea club based in Taiwan. These guys that go out and find small farms that have small stock oolong tea leaves and they send you a bag of tea leaves every month. And it’s different ones every month and they are all delicious and incredible and I’ve now become a big supporter of Eco-Cha Tea Club. And I’ve been a member for a few years and I’m never let down by the tea they send me.

**John:** That’s fantastic. That is one of the most esoteric One Cool Things. Well done, Keith Calder. That’s a very good job.

I have a tiny bit of WGA business here at the very end. So the WGA will have just sent out a screenwriter survey to all of the screenwriters in the WGA about what they’re experiencing in their daily life. It takes about 10 minutes. I think it’s a well-designed survey. We went through so many iterations of it. So if you are a screenwriter in the WGA West you will get an email with a link. Please click that link. It takes 10 minutes to fill it out. It will really help us figure out what you’re facing out there in the world.

And that’s our show this week. Our show is produced, as always, by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Luke Davis. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send questions like David’s question.

We’re on Facebook, maybe. I don’t know if we should still be on Facebook. Facebook seems like it’s a sinking ship. But you can look for Scriptnotes Podcast. You can look for us on Apple Podcasts. Just search for Scriptnotes. While you’re there you can leave us a comment.

You can find the show notes for this episode and all episodes at johnaugust.com. And the transcripts which go up in about a week.

I am on Twitter @johnaugust. Keith, you are on Twitter as well.

**Keith:** I am Twitter @keithcalder.

**John:** Yes. You often answer questions about film and stuff and you’re a great person to follow. I’ve followed you for many, many years.

**Keith:** I sometimes answer questions about film. Mostly it’s nonsense.

**John:** Nonsense is what Twitter is for.

You can find all the back episodes of Scriptnotes at Scriptnotes.net or you can buy a USB drive with the first 300 episodes at store.johnaugust.com.

Keith Calder, thank you so much for coming on the show. It was so good to be able to talk to you about film stuff that I just don’t even know about.

**Keith:** Thank you so much for having me on. I hope that I gave useful answers.

**John:** Great. Thanks Keith.

Links:

* Thanks for joining us, [Keith Calder](http://www.imdb.com/name/nm2096462/)! You can check out his [website](http://keithcalder.com/) and [wikipedia page](https://en.wikipedia.org/wiki/Keith_Calder).
* [Blindspotting](http://www.imdb.com/title/tt7242142/) comes out this summer. [Here](http://variety.com/2018/film/reviews/blindspotting-review-daveed-diggs-rafael-casal-1202667959/) is Variety’s review.
* [You’re Next](https://en.wikipedia.org/wiki/You%27re_Next) and its [IMDb page](http://www.imdb.com/title/tt1853739/). You can watch it on [Amazon](https://www.amazon.com/Youre-Next-Sharni-Vinson/dp/B00GNL127K/ref=sr_1_1_pfch?s=instant-video&ie=UTF8&qid=1522106656&sr=1-1&keywords=you%27re+next) now.
* [Down Under](https://en.wikipedia.org/wiki/Down_Under_(2016_film)) [trailer](https://www.youtube.com/watch?v=Whn4q8HuC8g) and [IMDb page](http://www.imdb.com/title/tt4463120/).
* [LiarTown: The First Four Years 2013-2017](http://www.amazon.com/dp/1627310541/?tag=johnaugustcom-20) by Sean Tejaratchi.
* [Eco-Cha Tea Club](http://teaclub.eco-cha.com/)
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Keith Calder](https://twitter.com/keithcalder) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Luke Davis ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

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Scriptnotes, Ep 339: Mostly Terrible People — Transcript

March 6, 2018 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2018/mostly-terrible-people).

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

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

**John:** And this is Episode 339 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the program it’s one of our favorite features, How Would This Be a Movie, where we take complicated real life situations and boil them down to two hours of filmed big screen entertainment. The only way we know how to process life.

**Craig:** Yeah. Exactly. Can I just stop for a second and say Episode 339 – we almost have a year of podcasts.

**John:** Very true. You could listen to a podcast a day, which would be a way to spend your life. I don’t think it’s necessarily the best way to spend your life. But an hour with John and Craig every day. And actually if you counted all the bonus episodes I bet we’re super, super close to a full year.

**Craig:** We are. We’re probably super close. I’m just quickly doing the math in my head. This means we’ve been doing the podcast for roughly seven years, or 52 years.

**John:** Yes.

**Craig:** It’s one of those, right?

**John:** One of those two. Math is hard for us. But it’s one of those two choices. It’s been a good, long time. But it’s a been a good, fun time. A few weeks ago we aired an old episode because you and I were both traveling and people said like, “Huh, the sound quality wasn’t so good.” And you know what? You’re right. The sound quality wasn’t so good. Expectations have increased.

**Craig:** Well, you know, technology and all the rest of it. We’ve gotten better at those little bits and bobs. But even so, I’ve got to say – you know what it is? I’ll tell you, John. You and I, we’re the marrying type. So, when we started this podcast it’s like we got married.

**John:** Yeah. Absolutely true.

**Craig:** We don’t get – our heads don’t get turned.

**John:** Not a bit. So I’ll say that on an early episode I said like, “You and I, Craig, we’re not really friends. We’re not talking outside of this podcast.” And I could sense that you were really crushed by that. And, fair. And then I think we’ve become much better friends. We weren’t even playing D&D together when we started this podcast. That’s how long it’s been.

**Craig:** Which seems impossible. I’m crushed when anyone says that we’re – well, you know, we’re not really friends. And I think to myself, but why?

**John:** But why aren’t we friends?

**Craig:** I’m delightful. [laughs] I don’t understand what the problem is. No, I think we are friends. It’s true. I mean, it takes roughly 339 hour-long recorded conversations to really get to know you. But approximately one or two to get to know me.

**John:** And I always feel gross when I drop the word friend with somebody who is not really a friend. So I was on Chris Hardwick’s show a few weeks ago. It was a delightful conversation. You should listen to it because it was a really good time. And he’s on episode like 900 of his show.

**Craig:** Oh god.

**John:** But when they first proposed this, I was like, “Oh yeah Chris and I have been friends for years.” And then I realized like are we actually friends? No, we’re people who know each other well and when we recognize each other we’ll say hi and catch up. But it’s not like we’re hanging out every weekend. And so it was weird that I would ascribe Chris Hardwick as being a friend and not you back then.

So, I apologize.

**Craig:** Yeah, well no apology necessary. I think the word friend has been absolutely shredded to bits by the modern age, and particularly Facebook, which as it turns out is not this vaguely annoying thing. It turns out to be a bit of a melanoma on the skin of society.

I used to think like, ugh, Facebook is just annoying because it has distorted what it means to be a friend or to have a friend. And everybody is now engaging in this strange narcissistic display. No, it turns out Facebook is much, much worse.

**John:** But, Craig, they’re going to fix it all because they’re tweaking the algorithms.

**Craig:** Oh yes. Of course.

**John:** So all those problems of the past, they’re going to go away.

**Craig:** Is there a more annoying Facebook post than the, “Dear friends, they’re fixing the algorithm. If you wish to keep hearing…” No. No. Don’t talk to me.

**John:** Do not do that.

**Craig:** No.

**John:** Facebook should only be about cute photos of babies and dogs. That’s all I want to see.

**Craig:** Pretty much. Anytime someone is like just respond so I know that you’re still listening to me. Mm-mm. Mm-mm.

**John:** Don’t do it. But on the topic of responding so that people know that you’re listening, Sundance Episodic Filmmakers Lab, which is actually like TV lab. We’ve talked about this before. It’s a really good program and they asked us to hype it up again so that they can get more great entries. The Episodic Story Lab is really, really great. And so it’s people who are doing television series, but also things that are kind of like television series. They put together showrunners and TV staff writers and people who are aiming for that kind of job together in a room up at the top of the mountains and they make great TV the same way they’ve been able to make great indie films.

So there’s going to be a link in the show notes to the application process for the Episodic Story Lab. Definitely consider if you’re considering writing TV. And if you are a writer headed towards this industry why aren’t you considering TV? So it feels like a good thing to consider applying for. I think the technical deadline for applying has passed, but they are still reading stuff realistically. So, get your stuff in there. Get into the Episodic Story Lab.

**Craig:** Yeah. Just a fine organization and we keep seeing great people graduating from that program and doing great, great things. So, seems like a no-brainer to me. Yeah.

**John:** All right. Let’s get to some follow up. Craig, will you take the first one here?

**Craig:** Yeah. We’ve got Steve in Los Angeles who writes in, “I’m a regular Scriptnotes listener and years ago I attended a Q&A with you at USC. Someone asked,” is he talking to both of us or just you?

**John:** I think it’s probably just me. We’ll see.

**Craig:** Just you. Because who is you? I mean, I’ve done Q&As at USC, but you’ve probably done more.

**John:** I’ve done more.

**Craig:** Your name is on a room there.

**John:** I got a name on a room.

**Craig:** Yep. “Someone asked you the proverbial question how do I break in as a writer.” That is not a proverbial question.

**John:** Yeah. What is a proverbial question? Let’s discuss proverbial questions. Is it an unanswerable fundamental question?

**Craig:** I don’t even know if there are proverbial questions as opposed to proverbial examples or the proverbial complaint or the proverbial – but a typical question, or the often asked question, but proverbial, I don’t know. Because proverbs aren’t in the form of questions.

**John:** No they’re not. They’re just sort of statements. [Unintelligible].

**Craig:** Yeah, I would say someone asked you the hackneyed question, “How do I break in as a writer? You answered that selling a spec screenplay is like winning the lottery. The best way to win is to buy as many tickets as possible. I took your advice to heart and my writing partner and I worked hard to stack the odds in our favor. There have been countless rejections over the years, but last week after writing 17 spec scripts we won.

“Our sci-fi spec, Harry’s All-Night Hamburgers, sold to Warner Bros. I wanted to reach out and say thank you. Your advice motivated me to keep buying lottery tickets.”

Wow.

**John:** Wow. Well congratulations, Steve, and to your writing partner. It’s awesome that you sold your spec. It’s awesome that you wrote 17 scripts. And I think it’s good for people to hear that it’s not about writing a script, or writing two scripts. It’s often about writing a whole bunch of scripts.

You know, Jonathan Stokes, who has become a friend, he is a middle grade fiction writer but he’s also a screenwriter. He works a lot in both. And it took him a long time to get his first purchase or his first spec sale, but then he ended up selling a bunch and he basically had this big old trunk full of scripts and he kind of sold them off one by one. So I’m curious whether that’s going to happen for Steve.

**Craig:** It’s a very common thing when people are interested in your work and hiring you for them to say what do you have in your drawer. So, Steve and his writing partner have another I guess 16 scripts in their drawer. But another thing to point out here, if we extend the analogy of the lottery ticket, unlike normal lottery tickets in which your odds remain the same, i.e. horrendous, in spec screenwriting with every script you write I think your odds get just a little bit better, because you theoretically at least are getting a little bit better each time.

**John:** Yeah. In the next episode of Launch, which I guess came out the same day as this episode of Scriptnotes, which is crazy, the final episode of Launch actually we talked to Tomi Adeyemi who has a book that comes out next week and her book is going to be huge. And sort of like Steve’s situation though, it wasn’t her first book. It wasn’t even really her second book. It was a bunch of stuff before this. And so she’ll seem like an overnight success, but there was a lot of work behind that overnight success-ness. So I would definitely tune in for her story in the next episode of Launch as well.

**Craig:** Yeah, there is the proverbial overnight success – proverbial used correctly there. And typically people will say, “Yes, my overnight success came over the course of 4,000 nights.” We just don’t see all that other stuff. What we see is the result. We see the outcome. So don’t get fooled by outcomes, folks.

Take a lot at the process. Steve has shun a light upon it.

**John:** Indeed. Winston in Los Angeles writes, “I recently wrote to you about my creative paralysis and I want to thank you for the advice you gave me on the podcast. It was affirming and encouraging. And now I’m happy to report that a production company has since agreed to produce my passion project. Of course, this is very exciting and I’m now in the process of attaching a showrunner before we take the project to the market. I’ll be having my first meeting with a potential showrunner very soon. And this writer on paper seems to be a great fit for me and my project.

“My question to you, John and Craig, is how should I approach and handle this meeting?”

So Winston is talking about a situation where he has written something and they’re going to partner him up with an experienced showrunner to go out to market. Like this is a person who would sort of godfather the project and sort of be the backstop to guarantee to the studio and to the network that this is really a show that can happen. And Winston who doesn’t have experience running a show will have somebody who does have experience running the show.

So, Craig, if you are meeting up with a potential creative partner for the first time what do you recommend you do?

**Craig:** Well this one is a tricky dance. I’ve never had this meeting, but I’ve definitely talked to people who have, from both sides. And so I think if you are aware of the potential pitfalls from both sides you’ll probably be well served.

So the showrunner is someone who has experience doing a lot of the things that Winston you may not have experience doing. Some of those are very managerial tasks. Managing human resources, as the corporates say. We are going to be hiring writers. We are going to be assigning writers things. We’re going to be figuring out our budgets. We’re going to be firing writers. We’re going to be hiring writing assistants. We’re going to be promoting writing assistants. We’re going to be dealing with notes from the studio. We’re going to be dealing with notes from the network. We have postproduction schedules to hit. We have staff to hire. We have staff to fire. We have crew to hire. Crew to fire.

We have directors to deal with. On and on and on. Oh, and let’s not forget the actors who occasionally will tromp into a trailer and complain about their characters or ask for more money or ask for more lines. All of this stuff is business-y stuff. So, I think Winston you should just be aware that when you’re speaking with the showrunner that there is a certain amount of experience they have that’s valuable to you, as opposed to going into that meeting and thinking, “So, nobody trust me because I’m new but they should trust me because I’m great. And so they’re just sticking somebody on here to be my babysitter.” That is not at all the case.

However, also then from the other side of things, for the showrunner, I think it’s important for a good showrunner to realize that somebody new to the business has created something that is unique and worthy of attention and thus has created a job for the showrunner.

**John:** Yep.

**Craig:** And that’s really valuable. So, the more the two of you can learn to trust and love each other, and the more the two of you can recognize what the other brings to the relationship that is irreplaceable, the better off it will be. If you feel like the showrunner is dismissive or disinterested or imperious then I think it’s fair for you to say I don’t want them.

**John:** Yeah. You got to trust your gut instinct there. And if the first meeting does not go well, I doubt that the third meeting and the 17th meeting will go well. In many ways I would recommend that this not be a meeting. If there’s a way you can have this first encounter not be in someone’s office talking over stuff, I think you’re going to be better off. Because so much of this relationship is going to be kind of a relationship, a mutual trust in that we’re trying to make the same thing. So if you can find some neutral happy spot to have some coffee in and chat that could be great. Where it doesn’t feel like you’re in an office environment necessarily, where you can just talk about overall visions, overall strategies. Where challenges could come up. What some of the opportunities are. Talk about your vision for what is going to happen over the course of the season.

You know, you are the person who wrote this thing that got this all started. And they are going to be the person hopefully who is going to help you carry this all the way through to the end. So, if you can find a neutral place to talk through the story that way that will be great.

A dynamic I don’t think you want to see is where they are suddenly kind of in charge of everything and you are their employee. That’s not going to be healthy either. So, you got to find some place where there’s a good balance that you’re trying to work together to make something rather than you are working for them.

**Craig:** 100%. And it’s good to be able to point to examples of the kinds of working relationships you admire and desire so that there isn’t any of those weird fussy moments where – you know, I was just talking to somebody today, a journalist, and she’s doing an article about our casting director on Chernobyl who is also the casting director of Game of Thrones, Nina Gold, and the journalist asked me this interesting question about how it works with hierarchies where everyone is sort of together in a room. You’ve got your executive producers. You’ve got your director. You’ve got your casting directors. And there’s a difference of opinion. How does hierarchy come into play?

And I had never really thought about the question before, but it did seem to me that in cases where things are working well, like for instance on our show now happily, it doesn’t. That hierarchy is irrelevant. What matters is general trust and faith and another person’s instincts, respect for another person’s feelings and opinions. Respect and belief in your own feelings and opinions. And a general appreciation for passion. Both strong negative and strong positive. And then things get hashed out.

Rather than situations where rank suddenly becomes very important. I find those to be diminishing and dispiriting and I think sometimes what happens is showrunners can take over a show and then you realize, “Oh, they’re a general and I’m some sort of weird lieutenant colonel that no one is saluting or carrying about because they don’t have to because the showrunner is ranked higher.” That’s a bummer.

**John:** Yeah. You’re sort of the founder, but they’re the CEO who got installed above the founder. That sort of thing does happen. I haven’t had a lot of like long term creative partnerships, but the longest I’ve had has been with Andrew Lippa on Big Fish. And a thing that Andrew and I figured out very quickly is that we’re not always going to agree on everything. But publically, when we’re in front of other people, we are in 100% agreement. And we will never disagree with each other in front of other people. And that may be a dynamic you find with this showrunner is that you can close a door and work through all the stuff you need to work through, but when you’re in the room with a network, when you’re in the room with the studio you are one united front.

And if you’re not one united front, they will find ways to pit you against each other, not because they’re trying to bring the show down, but they’re just trying to get their views heard and understood. So, the degree to which you can talk about how to be united in your vision publically, even when you are still figuring out privately what that vision should be. That’s got to be a goal.

**Craig:** And I would even carry that through to writing rooms.

**John:** Oh yeah.

**Craig:** And to casts. Basically, you guys form your own little mafia and you don’t take sides against the family in public. Because you need to be a little mafia. You need to protect each other. Making television shows and movies is a process that is both necessary to make creative dreams realized and also it is a process that is corrosive to creative dreams. And the only thing that will protect you from the corrosive aspect is a mafia-like you and me. You and me, buddy, no matter what, back to back.

And if we have a fight, let’s fight behind closed doors. But when we come out, our ranks our closed. And it’s us against the world. And then everybody will follow along.

**John:** Yeah. That’s the goal.

All right, our last bit of follow up is a slightly different piece of follow up. So we’ve talked about MoviePass several times on the show. So MoviePass is a service. You subscribe for a monthly fee. I think it’s now $10 a month. And with that you can see unlimited movies basically. Or a movie a day.

We originally questioned well how is this possible. This is a way to lose a lot of money for a company called MoviePass.

**Craig:** Right.

**John:** And then people wrote and said, “Oh, you know, I think there actually is maybe a viable business plan here.” And then when we were doing our live show in Hollywood, a guy came up afterwards named John who said, “Oh, you were talking about MoviePass. I’m a MoviePass user. I’ve seen a movie every day on MoviePass.” And like well that’s crazy and great. And would you please write in and tell us about your experience. So, he did. And so here is his testimony of his experience using MoviePass.

And I thought I would just play it in total because if we were to get him on the phone and talk to him about it he’d be answering exactly the same stuff. So, here is John Parker talking about his experience with MoviePass.

**John Parker:** Hey John and Crag. John Paul Parker here. I’m a MoviePass subscriber and I just want to let you know that the service is not a scam. It actually works as advertised. I received my MoviePass card on January 5, 2017. And since receiving my card I have seen a new film in the theater every day. I’ve literally not missed a single day at the theater since getting my card.

Living in Santa Monica there are major multiplex chains like AMC, and also smaller art house shops like the Laemmle Theaters all around me, so I have yet to run out of a new film to watch each day.

The greatest thing about MoviePass is not how many films you get to see, it’s how many really good smaller budget independent films you will see and support. Films like Maude, Tragedy Girls, Ingrid Goes West, Good Time, and Landline are all films I went into completely blind and absolutely loved them. If it wasn’t for this service it is very unlikely I would have dished out the cash to see these films in the theaters unless someone strongly recommended one of them to me.

While the service is not perfect due to its nearly impossible to reach customer service when there are issues, or the inability to get seats early, for what you’re paying for it’s really hard to complain. When I got my card in early 2017 the plan was $500 for the year. It’s now dropped down to $120 per year. Seeing the amount of movies that I have has added up to roughly $5,000 for this year. So I’m definitely getting my money’s worth.

Originally it seemed like MoviePass’s business model was to hope that people wouldn’t use the service as much as the monthly plan is actually worth. Kind of like a gym. But now that the price has dropped down to $10 a month my guess is that what they’re trying to do is just acquire enough customers so that they can use their members to leverage them against the studios and theaters.

The App Store says that they have over 500,000 downloadable users. If that number rises to say 5 million users and each one of their customers sees at least one film a month at an average of $10 a ticket, then you’re looking at $50 million of US box office sales a month that they control.

I hope this information helped you out. All the best to you.

**John:** John Parker that was amazing. Thank you very much for writing in with that. And I should say that Megan McDonnell, our producer, she also uses MoviePass and she’s had a pretty good experience with it. So, I guess I’m wrong. Or I don’t know. I mean, I don’t know how long MoviePass is going to last. I don’t know what it’s going to become. But for me to have dismissed it out of hand was incorrect I think.

**Craig:** Yeah. So certainly someone like John is rare. I don’t think a lot of people can – even have the time or the freedom – to see a movie a day like he does. But the deal, just to refresh my memory, is MoviePass is reimbursing the theater and therefore the studio for the cost of the ticket?

**John:** Essentially what happens is through the app you go in, you say I’m going to see this movie at this theater. And basically it’s GPS bound so that you’re literally at the theater. You’re clicking the button. It’s activating. It’s putting that money on your special MoviePass credit card. You’re using that MoviePass credit card to buy the ticket. So that is the transaction that’s happening.

So from the theater’s perspective, it’s essentially invisible.

**Craig:** It’s the same. It’s the same thing. Right. So, listen, we kind of went through this last time where it seemed like maybe what MoviePass was doing, and John is getting to this as well in his comment, they’re building a database of information and customers that could theoretically then be leveraged. Which is frightening, a little bit. I get frightened by – what’s the thing? If you’re not paying for something, then you are the product?

That worries me somewhat. But for now I guess, you know, go John Parker, go.

**John:** Yeah. I like that it has challenged himself to see a movie every day. He’s seeing a lot of movies he wouldn’t have otherwise seen. So that’s great and that’s fantastic.

I know there’s also been some challenges where certain theaters in Los Angeles and other markets are no longer on MoviePass and that was an unpleasant surprise to some folks. But I’m curious about new models. I would love for it to actually help the theatrical experience to get more people into theaters on a regular basis, because I think big screen entertainment is something worth fighting for.

So, I want it to help big screens and not hurt big screens. I’m not quite sure how it’s going to end up three or five years from now. But we’ll see. Because after all this podcast is going to go on for the next 20 years. So we’ll go through all of these cycles and see what it is. And we won’t believe what we were saying way back in 2018 about MoviePass.

**Craig:** Well, I mean, look at what we were saying in 2016 before things changed.

**John:** Indeed.

**Craig:** Long sigh. Long sigh.

**John:** Imagine that different world we lived in way back when.

**Craig:** Yep.

**John:** All right. It’s time for one of our favorite features. This is How Would This Be a Movie. Listeners send in articles from the news on Twitter to us, @johnaugust and @clmazin. They say, “Hey, this is like a How Would This Be a Movie.” And usually they’re correct. And so I hit the little fave button. Or if I really like it I save it to my pin board and we gather them all up. And occasionally we go through and take a look at these stories and ask, well, how would they be a movie?

So, we have five different articles that were suggested in. Many of these were by multiple listeners. So we will tackle them and see which of these stories might really be well-suited for the big screen.

**Craig:** Right. Or maybe amend that slightly to big screen or Netflix screen, you know, like perhaps an Amazon movie or a Netflix movie, but a feature film.

**John:** A feature. And sometimes we should say we’ll go through a story and say, you know what, it’s really a TV idea. It’s really a TV series idea.

**Craig:** Right.

**John:** And there’s nothing wrong with that. There’s nothing wrong with television.

**Craig:** Not at all, says the guy who’s writing television right now. So, I agree.

**John:** We are not big screen chauvinists. We just know more about big screen stuff.

The first article is by Zeke Faux for Bloomberg, which is just what an amazing name.

**Craig:** Right? Like Zeke Faux? Faux. That can’t be real. That has to be faux. It’s just crazy. That’s crazy. I mean, it would be like meeting somebody whose last name was “False.”

**John:** Yes. The headline of the article is Millions Are Hounded For Debts They Don’t Owe. One Victim Fought Back With a Vengeance. One of our listeners said, “There’s an intriguing criminal network and a great, great persistent protagonist, but also a lot of dramatic action based around spreadsheets and phone calls. Shruggy face.”

I love shruggy guy built out of punctuation.

**Craig:** Shruggy guy is the best. You know who introduced me to shruggy guy?

**John:** Who?

**Craig:** Stuart Friedel.

**John:** That feels completely Stuart Friedel. Stuart Friedel, our former producer.

**Craig:** Yeah. He actually is the human shruggy face guy. Occasionally you can just imagine Stuart going, “What? What are you going to do?”

**John:** Our story follows Andrew Therrien. I guess I’m pronouncing his name right. He is a normal person with a normal job. Gets a phone call from a bill collector about a bill he does not owe. And a second phone call. And a threat to rape his wife. And other violence from these bill collectors. And most people would be frightened, annoyed. Andrew, it almost feels like one of those death wish things where you cross the wrong person.

**Craig:** Yeah.

**John:** And he goes on a mission to track down who this person was who is harassing him. But really what the whole industry was like of these people who are trying to collect debts, especially these really basically fake debts. And so this is a long dark slide I would say I would describe this article. Craig, did you feel a sense of a movie in here?

**Craig:** I did. I did. I don’t think it’s necessarily something that’s going to park in cinemas, as they say, but it could be an excellent feature on a Netflix or an Amazon or something like that. And here’s why. There is some general kind of interest in a new sort of villain and a new sort of scam. There’s a great tradition in movies of the little guy fighting back against a shadowy network of bad, bad people. I remember seeing that George C. Scott movie Hardcore, which was really gut-wrenching. But you could feel it. It was like there was a decent person trying to fight this thing that was so much bigger and just so much dirtier than he was. And how was he ever going to possibly win?

And so I like that. That’s good old traditional stuff. And there is an interesting onion-like method to this where you keep peeling layers and finding more and more stuff underneath. And finding people that are oddly sympathetic. And in fact in one point one of the middle men that was handling some of these fake phantom loans ends up killing himself because he’s so miserable about what’s happened and his life has fallen apart because of it.

But the reason that I think this actually could be really interesting to watch and unique is that there’s this fascinating notion of extreme people colliding. So you’ve got – and in the center of this onion there is a bad guy. The bad guy is named Joel Tucker, I believe. Joel Tucker kind of sits on top of this empire of awfulness. And he’s the one that has put all this in motion and he’s the one that has to be stopped.

And Joel Tucker, his scheme impacted millions of people. And if you impact millions of people the odds are you’re going to run into that one-in-a-million guy. And to me that’s sort of already the movie poster. You know? If you hurt a million people, you’re eventually going to hurt that one-in-a-million guy. And the one-in-a-million guy is our hero.

And our hero simply doesn’t care. It’s like, “Oh my god, I found the man who will not stop. His life is designed to find someone like me at any cost.” And he does. I love that.

**John:** In many cases that type of character is the villain. It is the unstoppable killer. It is the Terminator. It is the Freddy or the Jason who just keeps popping back up and is just relentless. And so it’s nice to see the relentless hero for a change, because looking through this guy’s basic makeup it’s not that he classically has the great story or the arc where he was this mild-mannered thing and then someone killed his wife. It’s not that.

It’s just like something was going to piss him off and this was the thing that pissed him off. And once he got pissed off you just don’t stop.

When I first started reading this I thought like, “Oh, there’s an interesting story to be made overall about this predatory bill collecting, about payday loans, about this whole industry that preys upon people who are just between checks on things.” And so you could do the Adam McKay version, The Big Short version, where you’re really looking at it as an overall industry. But in some ways I don’t think it’s as rewarding as the one that focuses on a single person.

We often cite Erin Brockovich as that story of the one person who stands up against a system. And this guy feels like that person standing up against the system.

**Craig:** Yeah. This is a little bit like an Average Joe version of John Wick. Now, movies like John Wick are fun and they’re very similar to Taken and Taken is very similar to other movies before it where there is somebody who is an established dangerous person that other people in the world of danger know about and respect. And then somebody mistakenly comes along and screws with them. And then we just have the visceral fun of watching a guy on God mode, basically playing a videogame level, you know. I mean, Old Boy and all that stuff. It’s basically just videogames on God mode.

But this is different because nobody knows who this guy is. And, in fact, it’s almost like this man was waiting for this moment. That his life had been just about being on pause until such a moment that his super power could be required. And his super power is to never stop until he gets the right guy on the phone, and gets that right guy to admit what he’s done, and bring him to justice.

It is the strangest story. And it’s fascinating.

**John:** Well, because usually he would have some sort of structure backing him. So either he’s a journalist who is doing this for a newspaper article. Erin Brockovich, she is working for a law firm who is investigating this. But this was just – he was personally offended. And personally wronged. And that is what starts him on his quest, which is very relatable but also just unusual for this kind of story because he doesn’t have the backing of a greater thing behind him.

**Craig:** Right. That’s why I love it. In fact, there’s no evidence in his life as far as this article indicates that he would have even had the capacity for this. This man’s job – Andrew Therrien, his job was salesman for a promotions company. And then later in the article they talk about what he specifically did as salesman for a promotion company. He was promoting ice cream brands and hiring models for liquor store tastings. That is not a dangerous man. That’s also not a man who becomes obsessive about avenging this harassing phone call for $700.

Just to be clear, it started with a request for $700. And this guy went bananas. And I love that. I just think that’s so cool. And this is the kind of movie where if you got somebody like let’s say Leonardo DiCaprio to just become sort of bizarrely fascinated by this nut as I am, and he’s like a good nut, then you actually would get that in the movie theater. Because it’s like, “Oh my god, he will not stop. This is awesome.” I love that.

**John:** Here’s also why I think you might make the movie version of this is the situation he finds himself in general is relatable. So, I’m not behind on debts but maybe once a year I’ll get that call from a bill collector who is after somebody who used to work for me, or like they’re trying to collect the debt on the sister-in-law of someone who used to work for me. Basically they’re casting out the widest net possible to see if they can put pressure on somebody for some bogus debt. And it is horrible and I hate these people when they call and I let them know how much I hate them when they call.

And so we all have that experience either directly or by one step away and so I think we can relate emotionally to what that experience is like. It’s just like we are the people who wouldn’t snap, and he is the person who snaps.

**Craig:** Yeah. I mean, this guy bucks the trend. If the world feels like all of the chips are stacked against you, and here is a guy who just walks into a poker game with no chips. And just doesn’t stop until he wins. It’s fascinating. That part of it to me is remarkable. And I think it’s one great actor away from being a thing. But you need that great actor.

**John:** Well, and a script, too.

**Craig:** Oh, yes, of course.

**John:** We always forget somebody has to write the script. Another potentially great role is in Worst Roommate Ever. Do you want to set us up for that?

**Craig:** Sure. Worst Roommate Ever. This has been going around and around. And I got sent this because a lot of people were like, “See, you didn’t have the worst roommate ever.” I don’t know. I think I still did. I think Ted Cruz was worse than this guy, even though this guy turns out to be a murderer. But in his own way, Ted, I believe – you can make an argument he’s complicit in murder. Side thing. We have to get to our – we owe people the – you know, every now and then we do the Scriptnotes side show. And I think gun control. We may need to do the gun control one. We had promised at some point.

**John:** I think we need to. I think we had promised that, so we should dig into that.

**Craig:** We’ll get to it. OK. So, this story is about a man who, again, a bit of a one-in-a-million kind of guy. And here’s what he would do. He would look for people who were advertising sublets, like I need somebody to help split the rent with me. I’ve got a spare room so you’ll pay a little rent and you can move in. And he would move in. And he was a 60ish kind of guy. And for a few months he would be just the best. He would be the best roommate. A gentleman. A kind man. He would pay on time. And then things would start to get bad.

And he would become sort of a nightmare tenant. And what he was doing as it turned out was trying to get people to sue him. This is where this one goes so weird. His whole thing was essentially to create conflict for conflict’s sake. He wasn’t really trying to steal people’s homes from them. He wasn’t trying to extort money from them really. He just liked getting into fights. A little bit like the Joker. Just chaos for chaos sake. So he’s like Roommate Joker.

But eventually it gets much, much worse. I mean, he clearly had serious mental problems and eventually he does end up killing his own brother and goes to prison. And when he is in prison he commits suicide. So he’s not around to torment people anymore. But it is a remarkable story of somebody that would go from rent share to rent share with only one motivation: to enter into a chaotic relationship.

**John:** The article we’re talking about is written by William Brennan. It is in New York Magazine. And what I found so fascinating about him as a villain, it reminded me a lot of the villain in Dirty John. So if you listened to that podcast or read the newspaper series, where superficially charming or charming enough, and sympathetic to the degree that he’d moved to town because of a sick family member and he needed to be closer to the hospital or he’d just been displaced by some natural storm. He showed up with a cat and a dog who he seemed to care for a lot.

So, you felt sympathy for him. And it’s a very classic technique where when you do a favor for somebody you feel extra indebted to them. And so he was doing a favor by moving into the apartment and helping to pay your rent. But, you know, in you doing a favor for him by taking him in you felt this bond. And then he clearly is – Craig, I mean, you’re the psychologist, but like a psychopath? Sociopath?

**Craig:** I don’t know.

**John:** To some basic degree he did not seem to – maybe he understood people’s misery and trauma but he liked to inflict it. He seemed to just really get off on just twisting the knife in there.

**Craig:** Yeah.

**John:** And he went to law school and was apparently a brilliant law student. Failed the bar and never took it again. So, he had this legal background that he could use. But not necessarily use particularly well. He may have perceived himself as the victim in all of these stories. It’s not quite clear. But he’s not a person you should ever let into your home.

**Craig:** No. He’s not. And so there’s a – you probably saw that movie Pacific Heights. It’s a couple decades old now at least. Michael Keaton is essentially in a similar situation. A couple is looking to rent out some space in their home and Michael Keaton shows up and he seems perfect. And then he never wants to leave. And then he becomes a nightmare. And then it becomes a thriller and stabby and so forth.

The reason why I think this is not a movie is actually because the nature of this bad guy is puzzling. I don’t mind watching puzzling heroes because I’m meant to empathize with them, so I will learn about how they are and maybe even aspire to be a bit like them. But this guy’s problem is so strange. His reasons are so strange that they feel a bit arbitrary. And in real life that happens all the time and it’s a very, very scary thing. In movies, it’s frustrating. It’s frustrating if we feel that our villain is purely arbitrary.

And even in a movie like Dark Knight where we are meant to think, at least for a while, that the Joker is arbitrary and loves chaos, he has a point he’s trying to make about the nature of humanity to Batman. This guy has no point. He just likes getting into fights. And that strikes me as just a profound personality disorder. It is bizarre. And there is no explanation for it, nor do I find it particularly satisfying. I don’t want to hate him because I don’t understand him. I feel bad for everybody involved. And then he dies in the end and there’s no real sense of tragedy. The person that he kills, his own brother, there’s not much of a narrative story between those two either. I just don’t think this is a movie.

**John:** Yeah. I don’t think it’s necessarily a movie either. But I think it’s an interesting example of the Blank from Hell genre, which we went through a whole bunch of those. It’s the Nanny from Hell. It’s the Roommate from Hell. It is–

**Craig:** The Adopted Daughter from Hell.

**John:** The Assistant from Hell. That sense of like you’ve invited this person into your life and then this person becomes someone incredibly dangerous to you and to your sense of normalcy. And that happens in real life. We all have experiences where somebody who you thought would be cool ends up not being cool and being kind of a nightmare. And so to take it to the nth degree is really interesting.

But I think you hit a crucial distinction is that when a hero is complicated and it’s sometimes hard to understand exactly how their head is working we kind of lean into it because, all right, I’m going to try to sort this out. When a villain is doing that, particularly a villain who wouldn’t necessarily have full storytelling power, we’re like, yeah, I don’t get it. That doesn’t make sense to me.

Even movies that are, I think, have really great things to them can be frustrating because of that opacity. I really liked I, Tonya, but at the end of the day I have a hard time saying what I believe about Tonya Harding or Jeff Gillooly or actually a lot of the people involved in that story because I don’t think we can really even know. And I don’t think the filmmakers can definitively tell us what was going on inside their heads. And that is frustrating on a narrative level.

**Craig:** Yeah. There is a difference between moral ambiguity and I’ll call it motivational ambiguity. I don’t mind wondering at the end of a film if someone is good or bad, because the truth is usually we are both. It’s a very human thing to be morally complicated. And those are interesting endings to movies when you are left discussing with your friends and loved ones afterward what do you think about that character and can you understand why they did what they did. I think we see the villain in Black Panther, Killmonger, is a great example of someone who is morally complicated. And at the end of the movie you can have great discussions about where he came from and why he did what he did.

But motivational ambiguity is frustrating. Why he did what he did, crystal clear. Whether it was wrong or not, that’s a different story. But actually motivated him, no question. He tells you. And when we don’t quite know why people are doing things from a simple motivational point of view it does get frustrating.

**John:** Yeah. So a writer who chose to adapt this story would have to make some fundamental choices like he’s doing this because of X. You’re going to have to pin something down which may not be really true or based on reality, but you’re going to have to give the audience some clear framework for why he’s doing this, or I think you’re going to end up with a very frustrating movie. Or more likely a movie that doesn’t get made because the notes are like, “I don’t get why he does this. It’s a pass from us.”

**Craig:** Yeah. And also pretty good litmus test for whether you should adapt something or not. If you have to invent the beating heart of the thing, what are you adapting it for? I mean, the whole point of these things is that you find something that gets you excited in it. That is inherent to it and honest to it. You can then, you know, paint outside the lines and invent, but there is a connection to something true. If the thing that you are ultimately connected to in a story like this is your invented reason for why this guy does stuff, then what do you need this for?

**John:** Yep. All right, let’s go to another story with a complicated hero, or villain. A character at the very center of the story who we’re not quite sure why she’s doing what she’s doing. So this story is Teen Girl Posed For 8 Years As Married Man To Write About Baseball And Harass Women. This story we’re reading is from Lindsey Adler who is writing for Deadspin.

So it tells the story of baseball fan turned writer Becca Schultz who for eight years was pretending to be a man writing about baseball. She started this persona when she was 13 years old and it was revealed much later that she was in fact a woman ,but she wasn’t just writing about baseball. She was harassing women online and doing some things which are kind of despicable. And it’s very hard to say exactly why.

**Craig:** Yeah. I mean, well, she tries to explain it. And the explanation starts, well, the way you would expect which is “I wanted to be a valid heard voice in a man’s world. And I was not a man, nor was I even an adult. And so I took upon the mantel of an adult man to be heard.” And that’s a fascinating thing and it’s an interesting commentary on our society.

It’s also – you could look at her performance as an adult man as a horrendous critique of adult men, because she went ahead and did the things that adult men so often do, which is harass women, make them feel bad, pressure them sexually, get them to do things they didn’t want to do sexually, berate them. Except as she says, you know, at some point it wasn’t intentional like an act. She says it slowly led her down a path to some things that she was very uncomfortable doing but didn’t even realize were happening. And then she was in too deep. And I think what ends up going on is people like this create relationships that matter to them.

Everybody, myself, everybody has had a relationship with somebody – even if it’s brief – on the Internet. It doesn’t have to be sexual. It could be a combative relationship. It could be anything. Where you realize I’m in a relationship with this person, for better or for worse. And it’s doing something for me, because I keep coming back to it. And it is a fascinating sort of example of how human relations can become quicksand when you remove accountability. But that in and of itself doesn’t feel like a particularly new or fresh observation to make cinematically.

**John:** Yeah. So at the heart of this is the concept of catfishing. And so this is catfishing where you’re not going into this proposing a relationship where you’re like presenting yourself in a relationship as a person you’re not. We’ve seen tons of stories of that. And I don’t know if there’s been a great movie version of that, or at least a great sort of big screen movie version of that. This one is weird because of the addition of baseball. And the sense that she was just a teenager when she was starting to do this.

But, I mean, teenager-hood is the time when you are trying on personalities anyway. So to try on an adult male personality online, and then carry it through to making up a fake wife and fake kids and then have these online relationships with these women who believe that you are a man – yeah, you can see sort of how it happens. I have a hard time understanding or envisioning how you would make this a movie in the sense of like whose perspective are we in.

**Craig:** Right.

**John:** Because if we’re just seeing her go through all these steps it’s hard to really picture what are we seeing onscreen. This is the kind of thing where I feel like you need the internal voice of the main character who is doing this. And so it feels like a book rather than a movie. I just don’t know how you make sense of this character without having real introspection.

**Craig:** Yeah. Yeah. I understand her. And it is a very juvenile kind of thing that she did. And it was a – I can empathize with the desire for intimacy, even when intimacy goes wrong and turns abusive. I understand essentially what was going on. It doesn’t puzzle me. I just don’t think that there’s anything larger to learn. So it doesn’t need to be represented as a movie, I don’t think. I hope she gets help.

**John:** Yeah. I hope she gets help, too. And I think if there’s a story to be told out of this, or something that’s not quite this story but this general area of a story, it feels to me like a book. It can weirdly be like a stage musical where you can have the ability to sing the song of who you are inside. Or do double casting where you are the same people. She is both herself and the person she is presenting herself. Those are compelling ways to do this. I just have a harder time seeing this as a piece of visual entertainment up on a screen.

**Craig:** Yeah. I think actually a musical is a pretty good idea.

**John:** Yeah. I will always fall back on a musical. But yes.

**Craig:** Well, I mean, isn’t Dear Evan Hansen is kind of in this world, right, of a kid who tells a lie and can’t get out of it.

**John:** That’s true.

**Craig:** So, yeah, anytime you are dealing with a very internal, complicated, ugly, greasy, yet beautiful and sad and lovely mush of human emotions, I hear a song.

**John:** I hear a song.

All right. Our next story is from The New Yorker. It is a piece by Rachel Aviv entitled What Does It Mean? “When Jahi McMath was declared brain-dead by the hospital, her family disagreed. Her case challenges the very nature of existence.”

So, Craig, you are our resident almost-doctor. What did you make of this story? And do you want to talk us through the framework here? So essentially a young woman goes in for a tonsillectomy. Something goes wrong. She ends up in a coma. And beyond a coma she ends up brain-dead. The family does not believe that. And essentially keeps her or her corpse, you’ve got to decide where you stand with whether she is alive or not, for years it seems now. And she’s still in this state in their apartment. And I guess it makes you question are they right, are they wrong. Who are the heroes and who are the villains in the story?

**Craig:** This is a classic bioethical conundrum tale here. This girl had – at least it’s suggested – may have had a physical condition where her corroded artery was really close to her pharynx and when that happens that can raise, as the article points out, potentially raise the risk of hemorrhaging. It does appear, in fact, that she was hemorrhaging. And ultimately that led to her heart stopping, a loss of oxygen to the brain. The heart eventually restarts but the brain appears to be dead.

So, you have these situations where Patti [sic] Schiavo was sort of the one everybody knew about. Someone whose brain shows no provable activity on an electroencephalograph. But the rest of the body can be kept alive with a ventilator and all the rest of that. And so the heart keeps beating and so on and so forth. And you’re on a feeding tube, etc.

So, what do we have here? And this is where it gets mushy because this article kind of paints everybody out weirdly to be a villain. That’s how I felt. Like the doctors all felt a little too callous about it and a little too dismissive and a little too, “Ugh, whatever, it’s a vegetable, she’s dead.” And there’s implications that race was a factor.

The family seems to be reading a bit much into some of the body movements that occur with their daughter. Which, you know, sometimes it could be a real thing. I mean, there’s locked-in syndrome and all the rest of it. But it still doesn’t look like she’s alive. I mean, they do bring a doctor in from Cuba who insists that she’s alive. But it’s a little upsetting. And there’s this other strange thing that’s happened. So they talk about the Jahi McMath shadow effect. A rise in the number of families, many of them ethnic or racial minorities, going to court to prevent hospitals from unplugging their loved ones from ventilators. The notion there being white doctors are telling us our kids are dead when they’re not really dead, because they’re racist and don’t care, or care less. And we’re going to fight back.

I don’t believe that that is the case. I don’t.

**John:** I don’t believe that is the case either. Here’s my real worry about this as a movie is I could see this being made as a movie and in the movie version of this the family are heroes and the doctors are bad guys and she clearly is still alive and this is Lorenzo’s Oil and she probably wakes up at the end. You bend it just enough to see like, “Look, they persevered. They believed when no one else believed and look at where we are right now.” And that version of the story doesn’t tell about all the loss and of the costs that happened because of the decision to keep believing that she’s alive when everyone says she’s dead. The costs to the rest of the family. The costs to the medical system. The costs to other people who didn’t get help because this money and time and resources were being spent on this situation.

So, I get so nervous about this because I can’t envision a movie version of this story that doesn’t have this family as the heroes in it.

**Craig:** Yeah. You’re right. I mean, you don’t want to do a story where the point is these people are delusional and need to let their kid go. I mean, you could, and generally speaking the way you would do that is by having a disagreement between family members so it didn’t feel like there was some outsider coming in just yelling at them until they finally said, “Oh you’re right. What are we doing?” And then they bury their kid.

But this is not something that really is part of the common human experience.

**John:** Well, I say it is part of the common human experience in like that faith in miracles. That faith in like, no, no, we just have to keep believing longer and then we will – all our faith will pay off. I mean, that’s ultimately what this is is that if we believe hard enough and long enough we will be proven correct. And that is a common experience, whether it has to do with death or not death. And every one of us is also going to face end of life decisions. We’re going to face those choices of like do we start hospice or do we do some other great intervention on behalf of an elderly parent. Like we all do face this. This is just the more extreme version of it.

**Craig:** Yeah. It’s tough when it’s a kid because the whole point of a child is that they’re supposed to live. You know, if there’s someone who is 85 and then the doctors are like “Brain-dead,” you’re like, “No, grandma is still alive.” Well, it’s grandma. What are you going to do? So, I understand the misery of it. And my heart goes out to anybody that has to suffer from this. But I think that we have yet to really come to grips with accepting the notion that we die and that people die. And there is also, look, if you believe religiously then you’re just going to keep these people alive because you believe in a soul and neuroscience doesn’t. Neuroscience believes in electricity.

**John:** Yeah. But you’re going to keep these people alive even though they’re being kept alive by artificial means that were not sort of part of your cultural tradition before this moment. So, that’s the weird thing, too. It’s only going to, in many ways these kind of decisions are only going to get harder as we get better and better at keeping more and more people, their bodies functioning even after what we had decided was death has occurred. That’s an interesting thing, too.

Also I should have said the other big cost of this is, of course, organ donation which is the one thing that can actually save people’s lives.

**Craig:** Yeah. That’s the part that’s so rough because it’s impossible to say how you would handle something like this, but I’d like to think the way I would handle it would be to let my loved one go and then save as many lives with their organs as I could. And certainly, oh my god, if it’s me – I mean, if I get a bad headache, go ahead and harvest my organs. [laughs]

**John:** There’s a story this past week, I’ll try to find a link to it, about the actor Jon-Erik Hexum. So he was–

**Craig:** Oh yeah.

**John:** He was a star who was on this show called Cover Up. He was like a big hunky model guy. And he was messing around with a prop gun and fired a blank that lodged a piece of paper into his head and he died. What I hadn’t heard about the rest of that story is like they donated all of his organs, because it was the perfect death because everything was in ideal condition. And so parts of him are still alive in so many different people, which I think is just an amazing legacy to carry on.

**Craig:** I knew him from Voyagers. He traveled through time. No question. That was a joke that did not work and he died. But, yeah, you save all these lives. And I think that’s wonderful. I would love to do that. But, you know, is this a movie? No.

**John:** No. It is not a movie. It is an interesting story to talk about at a dinner party when you want to depress some people, but it is not a movie. What will not depress them is our final opportunity. A Carnival Cruise Descends into Anarchy. There’s many stories about this one, but it’s Avi Selk writing for the Washington Post is the one we’ll link to.

Essentially on a Carnival Cruise ship, apparently one family that had like 12 or 24 people just created this tremendous chaos. And there’s video of just these brawls happening. Passengers were scared for their safety on the boat. They were like locking themselves through the cabin. We laugh because it’s absurd. I’m sure it was terrible for the people involved. I feel like there’s a movie space here, or at least there’s an episode of a TV show here, because that is sort of like one of my fears. Because it’s awful when you have people on a flight who are misbehaving. Like that’s terrible. But on a boat where you’re there for a week and these people are always around. It’s that sense of like a small village in the middle of the ocean. There’s something really interesting and fun to do there.

**Craig:** Yeah. There’s some broad comedy to be done about a cruise. I mean, they’re Australians. They’re like a family of Bogans basically. That’s a word that we learned from Rebel. Yeah, there’s something. I mean, I don’t know. What bums me out is this is the one that probably most studio executives would be like, “Get me that Carnival Cruise thing. Get me the rights to that.” Because it just feels like, you know, it will be that movie. So I don’t even want to help them. I don’t want to help them.

**John:** It’s like Murder on the Orient Express but like funny and on a boat.

**Craig:** Exactly. Yeah. That’s what they’ll say.

**John:** And could we make it less snowy, and funnier, and could some people be in bikinis. And could we put Seth Rogan in it?

**Craig:** You’re helping them. Stop helping them.

**John:** That’s a movie.

**Craig:** Stop it.

**John:** [laughs] Yep.

**Craig:** No help.

**John:** All right. So, of the How Would This Be a Movies that we talked through, I think it’s clear that the debt collector one is probably the most compelling movie of this batch.

**Craig:** Yes. For me. But the most likely to be made is the Carnival Cruise descends into anarchy.

**John:** I think you’re probably right. Here’s what I’ll say. The Carnival Cruise, you do not have to buy the rights to that Carnival Cruise. There’s really nothing especially great or remarkable about the scenario there. The general sense of like what if you had Animal House but on a cruise ship. That’s a free idea. Free idea for anyone in Hollywood to run off with.

**Craig:** And begin…type…type…type.

**John:** It’s time for our One Cool Things. I have two One Cool Things. My first is Portal Bridge Connector. So, Craig, you’ve played Portal. You’ve played the amazing videogame Portal.

**Craig:** The cake is alive.

**John:** The cake is alive. The cake is delicious. Portal Bridge Connector combines all the fun of Portal along with the Bridge Connector games where you’re trying to move a vehicle from one side of the screen to the other side of the screen by building a physics enabled bridge. It’s really ingenious. I’m playing the version for the Mac and I’m sure there’s other versions, too. But it does all the fun stuff about bridge things with all the warped sense of humor of Portal. It’s very, very clever so I recommend you waste a lot of your time on Portal Bridge Connector.

**Craig:** OK.

**John:** My second one is a great podcast by The Onion called A Very Fatal Murder. It is a parody of true crime podcasts. It is ingenious. It is so, so good. So I don’t want to say too much and spoil it for you, but the episodes are really short. So, download the whole season. You can burn through it in a little over an hour. But it just so nails all the tropes to the degree to which you won’t be able to listen to other true crime podcasts because you’ll recognize, oh yeah, that’s a trope. It’s just ingenious.

**Craig:** See, now I’ll listen. And you don’t have to worry about me not listening to other true crime podcasts, because that wasn’t going to happen anyway. But I do find that whole thing pretty up its own butt. And so I love the idea that they’re taking the piss, as the Brits say. Because it is all very kind of formalized.

You know, this is my problem with podcasts.

**John:** Now that you’ve listened to three podcasts–

**Craig:** These things keep popping up, even in the three I listen to. There’s like – have you ever seen the video that someone did about YouTube voice?

**John:** I haven’t seen that. I should find it.

**Craig:** So, YouTube voice is this thing. People who do YouTube videos where they’re talking about whatever the hell interests them, they all speak somewhat similarly. And they also edit their sentences so that there’s never any breaths. And in fact a lot of times purposefully clip off the ends of words. It’s so strange.

**John:** Yeah. That editing style is really annoying. It’s really clear when you see it.

**Craig:** There’s also podcast voice. And I don’t like it. [laughs] I don’t like podcast voice. And you know what? Neither one of us have podcast voice. Although I will say that in Launch you kind of have podcast voice. You have podcast voice in Launch.

**John:** I do have more podcast voice. And so in the later episodes where it is just more just chatting because I’m literally just in a hotel room and I’m exhausted, I’m a little less podcast voice-y later on. But finding my right voice was hard. And we threw out the entire first episode and rerecorded it because I was too podcast voice-y. It really felt weird and forced.

But it’s the difference between me spontaneously talking like I’m doing right now and reading off a script. And I have to read off a script because I have to be able to make these points and connect these dots in ways.

**Craig:** Well sure.

**John:** That I wouldn’t have to just speaking.

**Craig:** There’s this cadence that we are familiar with for instance on news broadcasts. The local reporter, “I’m standing here where just minutes ago,” and then in England it’s very much – there’s a wonderful, again, a person did a video where someone is just saying garbage but in the intonation of a British news reporter. And you realize how formalized that is. And it’s becoming formalized for podcasts, too. But you know who does a great job of not doing podcast voice, even though it’s an incredibly scripted show? Karina Longworth.

**John:** Yeah. I would agree. I would say part of it is that when you actually just talk to Karina in a normal setting that’s her real voice.

**Craig:** That’s right.

**John:** But it fits really naturally. Her normal speaking voice is a little bit not like how other people would speak.

**Craig:** Her voice is authentic there. You don’t get a sense that she’s doing the podcast voice. Like for instance Leon Neyfakh, and I really, really enjoyed the Slow Burn podcast, so I hope he doesn’t take this as some sort of terrible insult, but he’s got massive podcast voice. And I actually want to say to him, you know what, you don’t need the podcast voice.

**John:** Well as the expert in podcasts, I feel like you should step in there. Having listened to so many podcasts, you are the person to–

**Craig:** I’ve listened to ones of them. Ones and ones of podcasts.

**John:** Tell us about your One Cool Thing.

**Craig:** Super-duper late to the party here, but I went on a binge and watched The Good Place. And I love that show so freaking much, written in part by my cousin, Megan Amram. So sorry that I’m so late to the show. But I hope you guys are watching it. If you’re not, watch it. There have been two seasons so far. Each season has I think ten episodes. So, very manageable. The cast is so, so good. I mean, the writing is amazing and the cast is great. Jameela Jamil – do you watch the show? Or have you watched the show?

**John:** So I’ve watched every episode and I watched the first season twice because I went back and watched it to sort of see what really happened. And I watched it with my daughter who is 12 and she loves it as well.

**Craig:** Yeah. Jessie, my 13-year-old, thrilled. Jameela Jamil may be the prettiest person in the world. Just like – I’m doing the thing where I’m fanning my face because she’s the hottest person alive. And hysterically funny on that show. William Jackson Harper plays Chidi and I want to be his friend so much because he’s basically like every nerd friend I ever had in college where we would sit and talk about Nietzsche and nonsense like that. And just loved it. And even like earlier in the episode I said Leap of Faith and in my mind I hear Chidi saying, “Well actually you know Kierkegaard, really it was better translated as a leap into faith.” It’s just so great.

Kristen Bell, the greatest, has always been the greatest. She’s first ballot Hall of Famer. And then Manny Jacinto is the latest in this wonderful television tradition of impossibly stupid people. I want to do a history of the impossibly stupid person on TV. You know, like Woody Harrelson on Cheers was one of the early ones I remember seeing. Like that’s not possible to be that stupid. And then Homer, of course, one of the great impossible. And then Manny Jacinto is even dumber than all of them.

And then lastly I just want to point out that on The Good Place they do diversity properly. You don’t get a sense that the show is diverse because a social justice warrior was whacking them on the knuckles with a ruler saying, “Come on. Fulfill the quotas.” It’s diverse because the show is about humans who are dying and going to the afterlife. And if you just go by the odds, I looked this up. If you by the odds, and you’re just going to randomly scoop up ten people that just died on our planet, the odds are that out of those ten people two of them will be Chinese. Not Asian. Chinese. Two of them. Two of them will be Indian. Two of them will be of predominately African descent. So we’re now up to six people. We’ve got two Chinese people, two Indian people, two people of predominately African descent.

There’s probably going to be one more non-Chinese, non-subcontinental Asian, so we’re talking about Indonesian or Filipino or Thai or Vietnamese, or Japanese, or Korean. So now that’s seven people.

We’ve got three people left. Divide them roughly up between Hispanic and non-Hispanic white people. That’s basically the world. If anything, they’re a little skimpy on the Chinese people. Other than that, they’re really good about being appropriately representational of the world.

And also there’s one person from America, which I loved. You know, it’s great. Because there’s not that many Americans.

**John:** You left off one person who is fantastic in the show who is Ted Danson who anchors it in way that is just so remarkable. And is clearly having a fantastic time doing it, but also has a weirdly difficult role that he just nails. It is just an incredibly ingenious show. Megan Amram’s puns are worth it. It’s the show where you actually do pause to look at all the signs that they’re constantly changing out. Drew Goddard directed the pilot and it’s hard to imagine that he had such a vision for what that show is going to be so early on. The writing across the board is fantastic. So, hooray.

**Craig:** Yeah, it’s just so good and so smart. And it’s legitimately laugh out loud. I cannot wait for the next season.

**John:** Cool. That is our show for this week. As always, our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week comes from Rajesh Naroth. If you have an outro, you can send us a link to ask@johnaugust.com. That’s also the place where you send questions and follow up and feedback-y things.

If you have a short thing, on Twitter I am @johnaugust. Craig is @clmazin. That’s where you can send us articles for us to consider for How Would This Be a Movie.

We’re on Facebook. Search for Scriptnotes Podcast. You can find us on Apple Podcasts. Just search for Scriptnotes. Leave us a review while you’re there. That is lovely if you do that.

You can find the show notes for this episode and all episodes at johnaugust.com. It’s also where you’ll find transcripts for this and all the back episodes. You can find the most recent 20 episodes or so are on iTunes, but the whole back catalog is at Scriptnotes.net. It is $2 a month for all the back episodes. There’s also some USB drives with the first 300 episodes available at store.johnaugust.com.

Craig, thanks for a fun exploration of How Would These Be Movies.

**Craig:** John, it was a great show. And 339, ooh, 340. We’re coming up on 340. So excited.

**John:** Oh, it’s going to be good. All right, have a great week.

**Craig:** See you next time.

**John:** Bye.

Links:

* Applications are being accepted for the [Sundance Episodic Lab](http://www.sundance.org/programs/episodic-storytelling#/)
* [Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance](https://www.bloomberg.com/news/features/2017-12-06/millions-are-hounded-for-debt-they-don-t-owe-one-victim-fought-back-with-a-vengeance) by Zeke Faux for Bloomberg
* [Worst Roommate Ever](http://nymag.com/daily/intelligencer/2018/02/jamison-bachman-worst-roommate-ever.html) by William Brennan for New York Magazine
* [What Does It Mean to Die?](https://www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die) by Rachel Aviv for the New Yorker. John also mentioned [this story](http://www.dailymail.co.uk/news/article-5381943/How-actor-accidentally-shot-dead.html) about Jon-Erik Hexum by Gareth Davies for the Daily Mail.
* [Teen Girl Posed For 8 Years As Married Man To Write About Baseball And Harass Women](https://deadspin.com/teen-girl-posed-for-8-years-as-married-man-to-write-abo-1820305588?utm_source=fark&utm_medium=website&utm_content=link&ICID=ref_fark) by Lindsey Adler for Deadspin
* [A Carnival cruise in the South Pacific descended into violent anarchy](https://www.washingtonpost.com/amphtml/news/dr-gridlock/wp/2018/02/17/a-10-day-carnival-cruise-in-the-south-pacific-descended-into-violent-anarchy/?__twitter_impression=true) by Avi Selk for The Washington Post
* [Bridge Constructor Portal](https://itunes.apple.com/us/app/bridge-constructor-portal/id1311353234?mt=8)
* [A Very Fatal Murder](https://itunes.apple.com/us/podcast/a-very-fatal-murder/id1333714430?mt=2)
* [The Good Place](https://www.nbc.com/the-good-place?nbc=1) on NBC.
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Rajesh Naroth ([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_339.mp3).

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