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Scriptnotes, Episode 669: They Ate Our Scripts, Transcript

January 8, 2025 Scriptnotes Transcript

The original post for this episode can be found here.

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

Craig Mazin: My name is Craig Mazin.

John: You’re listening to episode 669 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the show, the revelation that many of the biggest AI models have been trained on film and TV dialogue has writers up in arms. How should we think about this moment-and-coming AI fights? We’ll discuss the options. Plus, we’ll have listener questions and feedback on contracts and bailing on a project.

In our bonus segment from premium members, Craig, you frequently say that we are living in a simulation.

Craig: Yes.

John: Does that mean that you are a theist who believes in a creator? We’ll discuss the philosophical implications of this dynamic.

Craig: Fair question.

John: All right, fair. First, we have some follow-up. Drew, help us out. Let’s go back to episode 666 a few weeks ago where we talked about satanic movies.

Drew Marquardt: Steve writes, “I have a slightly more detailed answer to Emily’s question about the difference between thriller and horror. Thrillers scare us with the fear of death, usually in a gruesome manner like being cut with a knife or slashed by the claws of a beast. I would say that slasher is just a subgenre of thriller that is maximally bloody and usually involves a maniac with a blade, hence the name.

Horror films often involve the fear of death, but more importantly, the fear of losing your humanity or soul. Being turned into an undead vampire, werewolf, zombie, et cetera, is its own type of death.

As John pointed out, the first alien movie was horror in space because the thought of being turned into a host for an alien offspring and being alive while it’s growing inside you is a true horror, and then the darn thing is born and it’s game over, man. Just losing your humanity like Kurtz in Heart of Darkness and Apocalypse Now is enough for him to utter the famous line, ‘The horror, the horror.'”

Craig: I appreciate the thoroughness of this theory, and I like the way it’s circled back around to Heart of Darkness, but yeah I don’t know if I agree.

John: I think any time you’re trying to establish a clear taxonomy between genres, between categories of things, you’re going to run into some messy things. What I like about what Steve did here is he talked about there are a lot of movies that are clearly thrillers that are not horror films, and they involve peril in a way, and sometimes physical peril, but sometimes it’s getting your adrenaline up in those ways, versus horror films, which there’s sort of a seeping dread quality to horror that is different than what you find in a thriller necessarily.

Craig: Yes, I think it was just a little too narrow on thriller because thrillers adrenalize you in so many different ways. They don’t always involve the fear of being slashed or dying.

John: There’s a peril, something’s in threat, but it’s maybe not your own life.

Craig: Right. Did I mention that movie, Flightplan, last time?

John: Oh, yes, we did.

Craig: I don’t know why I keep coming back to Flightplan of all. Because the thing is, it’s a great idea for a movie. It wasn’t my favorite execution, to be fair, but I love the concept of it, and that’s a great thriller. Someone’s gaslighting you into believing that you didn’t have a kid, but your kid is lost. There’s no fear of death there. You’re not afraid of your own life. You’re more just– it’s a paranoia thriller.

Drew: It’s a remake of a Hitchcock movie.

Craig: Is it?

Drew: The Lady Vanishes.

Craig: You’re kidding. I never put that together.

John: Sure.

Craig: Oh, you know what, everything comes back to Hitchcock.

John: It does all come back to Hitchcock.

Craig: He’s very good at thrilling you.

John: Let’s talk about some generational narcissism. LaWant wrote in with us.

Craig: Wait, I need to know if that’s– sorry, is that narcissism? Oh, I remember.

John: Yes, I think you made up that term last time.

Craig: Okay, because when I heard it, when you just said it, I thought, well, somebody’s narcissism is so profound. It’s like a generational narcissism. Once every 20 years, someone is so narcissistic. Okay, let’s talk about generational.

John: Once every 20 years, there’s a generation born that is narcissistic.

Craig: Now we can talk about the generational narcissism.

Drew: Yes, this one had to do with everyone thinking their generation was the last or the end of the world.

Craig: Yes, of course.

Drew: The last episode, Craig was looking for a word or phrase to describe how every generation assumes they’re the last one. He came up with generational narcissism. Here’s my suggestion for another one. Temporal solipsism. We can see the past, but we can’t see the future, so part of us assumes it doesn’t exist.

Craig: There’s a running theme here. People are just complicating stuff that we’ve said.

John: Absolutely.

Craig: We’re actually pretty good at this. We did a very good definition last time, I think, of thriller and horror. I think generational narcissism is a little more accessible than temporal solipsism. Solipsism means nobody else exists.

John: Yes, that’s the problem. I think the challenge with solipsism is like me as an individual is the only thing that has meaning or could ever be known. Really we’re talking about a cultural sense that we are all together at the end times. That we are the last generation.

Craig: Thinking that you’re somehow special or important is not solipsistic. It’s narcissistic. I stand by my words.

John: All right.

Craig: That said, we encourage feedback.

John: Yeah the subtle distinction between solipsism and narcissism is something we’ll get into in Episode 1053 of Scriptnotes.

Craig: You say that, and then what’s going to happen is we’re going to get there.

John: Absolutely. Someone’s taking a note right now. “You said you would do this in 1053.”

Craig: “You guys.”

John: “You guys.”

Craig: “You guys.”

John: Unlike Craig, I do recognize that people do listen to the show.

Craig: I had no idea.

John: We got an email from a mutual friend who was talking about running into another big-name writer who referenced a very specific thing mentioned on one specific episode of Scriptnotes.

Craig: Can we just say who it is?

John: Yes, we can say who these guys are.

Craig: You could say who both of them are. It was Taffy Brodesser-Akner, and she ran into the living legend, Tony Gilroy. Now, I’m still suspicious. I don’t think Tony Gilroy he listens to– I don’t know.

John: He listens to at least the Moneyball Episode because he referenced a thing that was specifically mentioned in the Moneyball Episode.

Craig: Somebody probably said, “Hey, go listen to the Moneyball Episode.” I can’t imagine that Tony Gilroy was like, “Hold on, let me–”

John: How do they have time?

Craig: “I got to put Andor on pause for a second, listen to a debate over what makes a thriller and what makes a horror movie.”

John: Now, there’s an equally valid way of saying Tony Gilroy was eating at a restaurant and ran into the legendary Taffy Brodesser-Akner.

Craig: Yes, although by her telling, it seemed more the other way.

John: That’s because it was her telling him. Therefore, she’s always going to place herself in the inferior role to someone she admires.

Craig: Opposite of generational narcissism. Generational core shame. I’ve never actually met Tony in person. I’ve been on some email chains and things with him, but I do know his brother, Dan. I’ve spent a little bit of time with his brother, Dan, who’s a lovely guy and also brilliant. Some pretty good storytelling genetics over there in the Gilroy clan.

John: I guess so. They didn’t grow tall, but they grew smart.

Craig: They’re not short, as far as I can tell. I don’t recall them being short.

John: No, but I would say they didn’t grow tall genetics. Let them be like, “Oh, they’re a family of basketball players.”

Craig: No. No, they are not. This is rarer, to be honest. Tony Gilroy, that guy’s good.

John: He’s good.

Craig: Oof.

John: A thing you learn all now on the Scriptnotes podcast is that Tony Gilroy, the Emmy Award-nominated and Oscar-winning probably.

Craig: Wildly celebrated. Do you think that he’s just finally figuring it out now, listening to us like, “I am good”?

John: “Wait, I am good. This inferiority complex I’ve been carrying around this entire time, this imposter syndrome that I’ve been living with, maybe because John and Craig are saying, ‘Tony Gilroy, you’re good.'” This is a podcast about how good Tony Gilroy is.

Craig: It is now.

John: It is now. Let’s do some more follow-up on how Hollywood got old. This was Episode 664. We were talking about how there used to be these young studio heads and you just don’t see young people running Hollywood anymore.

Drew: Yes, and so the one episode I was gone, Craig, you talked about the lack of ambition amongst young people in Hollywood today.

Craig: You timed it perfectly.

Drew: Scriptnotes the producer.

Craig: Yes, because you just weren’t ambitious enough to show up that day. [chuckles]

Drew: Clearly. Well, a few of our listeners had my back.

Craig: Okay, here we go.

Drew: Alyssa wrote in. She said, “I just turned 37 and while I would describe myself as incredibly ambitious my whole life, my hardcore f the rules career ambition took off only a couple of years ago. The reason this has come so late is simple. Student loans. Unlike the generation of hustlers before us, we also had monthly loan payments of $1,200. To cover this, I worked two jobs, one full-time and one part-time at night. These loan payments almost completely exhausted the ambition out of me. I did manage to get into a production company by swinging one day a week as an unpaid intern, but they cut my position in favor of those who wanted it more because they could afford to put in more days.

Everything changed when I married a man with a steady teaching job and parents who could afford to send him to college. As soon as I was able to share finances, I could drop down to one job and just like that, my career took off. Suddenly, I’m proud of the ways I’m figuring out how to get my work out there despite a slow market. I’m not waiting. I’m grabbing the industry by the throat in all the ways I couldn’t 10 years ago.

I’m not giving you excuses. I’m simply pointing out one reason why my generation may look stunted to those older than us. The drive is there. The ambition is there. But many of us are slaves to a debt we didn’t realize we’d be paying for the rest of our lives when we took it on in 17.”

Craig: I love when people say, “I’m not giving you excuses.” Here, however, is a reason why — that’s called an excuse. There’s nothing wrong with excuses. Why did that become a bad word?

John: I know. Why did excuses become such a pejorative? Excuse is an exclamation.

Craig: You’re excused. It’s like you’re pardoned of a crime. That’s what an excuse is. I’m sure this is what she was hoping the answer would say. Did you have student loans, John?

John: I did not have student loans, but I went to an inexpensive school.

Craig: I had student loans. I don’t know why. The premise of this seems to me that student loans just suddenly popped into existence or something. They’ve been around forever. I had student loans to pay off. They’ve always been there. The cost of education has gotten insane. Now, some schools, my alma mater, for instance, have eliminated all loans. Whatever you can’t afford, they just grant you. There is no more loans. In my case, I had to work and pay off loans. Sometimes when we talk about these things, there’s a temptation for somebody to go, “Whoa, I’m being judged.”

“If I’m not in charge of a studio, then you’re telling me that’s my fault because I’m not ambitious.” That’s not why. Here’s why. Almost no one can be in charge of a studio. I just want to be clear. This is not about you, this is about us in the aggregate.

John: I think we’re also talking about slightly different things. We’re talking about aspiring screenwriters versus aspiring like, “I’m going to run a studio.” One thing is that I think we were– I don’t remember exactly what we talked about, but the same young people who were running studios back in the day, I think are not working in this industry. I think they’re working in tech and they’re working in other places.

Craig: That may be true.

John: I think that’s the missing piece that I’m finding here.

Craig: A lot of variables, but I think part of the problem is a self-perpetuating cycle. When you look and see who’s running a studio, that’s who you presume should be running a studio. In this case, it’s a bunch of people who are our contemporaries. Donna Langley, for instance. People who are 23 are going to look at Donna Langley and go, “You’re supposed to be Donna Langley’s age when you do this, you’re not supposed to be mine.” There did seem to be a little bit more flexibility and attraction to wunderkinds.

Another thing that probably made a huge difference that has nothing to do with ambition is how Hollywood is owned. Because when we entered the business, a lot of these studios were still their own companies. They hadn’t become the massive international multi-conglomerates. In that case, risk aversion starts to set in. If you’re just Columbia, why not? Wing it, go for it. If you are part of the Sony Corporation, maybe not.

John: It’s also reminding me of the conversations we had around Pay Up Hollywood and all the issues of those entry-level jobs being so woefully underpaid in Hollywood and the work that we did to try to make sure we were increasing those two survival wages is that the two jobs Alyssa was taking, she should have been able to get one job in the industry that was able to cover her rent and give her the experience that she wanted. Increasingly, for a period of time, and still today, it’s really challenging to do that. The people who can afford to take those jobs, that’s not the breadth of people we would love to see rise up in the industry and kick ass.

Craig: Yes, I completely agree. Life is complicated now. There are a lot of bills that you and I never had to pay. We never had an internet bill. We weirdly had phone bills. They were so much cheaper than cell phone bills.

John: We also had long distance though, which is a weird thing to pay for separately.

Craig: That’s why we never called anyone, or that we would make all our calls at work. “Press nine to get an outside line.” Oh yes, sneaking in– did you ever get in trouble for making long-distance calls at work? I did.

John: I did not. But I do remember a friend calling me who had figured out a scam long-distance calling card number. He was just calling me because he didn’t really necessarily want to talk to me. He just wanted the scammability.

Craig: Free minutes?

John: Yes, free minutes.

Craig: At three minutes, I got to go talk to somebody or I’m wasting my crime. I remember getting called into the office in my first workplace, just a small advertising company. They were like, “Your extension, you’ve called a number of these, and it’s added up to $40 or $50.” Which, as a percentage of my weekly salary, was significant. It was a real problem.

John: Now Drew, does any of this resonate with you? Because you grew up in a time post long distance, but you were living overseas, so there probably were still costs for calling home.

Drew: I’m trying to think. No, I had Skype by the time I was overseas.

Craig: Skype?

Drew: Skype was basically free.

Craig: What were you stealing from work then?

Drew: Pens.

Craig: Pens? Physical pens?

John: Yes, it’s just not worth as much.

Craig: Drew, you might’ve been stealing funds. Just fully embezzling.

Drew: Yes, just absolutely.

Craig: Funds? I was stealing funds.

John: We had a writer from Australia write in to say that the opposite phenomenon was happening there.

Drew: Anonymous Down Under says, “The situation here in Australia is an interesting flip of this. When the major international streamers all set up shop here over the last three to five years, they uniformly put young, relatively inexperienced people in charge of their Australian branches. This in turn uniformly pissed off all the established producers and creators because they felt, sometimes legitimately, sometimes not, that they were pitching to someone much more junior than them.

On a more existential level, we had all these Gen Xers suddenly terrified that they had been superseded before they’d had a chance to achieve anything. As it turned out, all the major greenlight decisions still got made out of the US anyway, and everyone got used to the idea that a young person might actually have some good ideas after all.”

Craig: Well, damned if you do, damned if you don’t. Obviously, everybody’s cranky about everything. One of the things about a limited resource industry is that people will immediately start blaming each other for the reason why they’re not getting the resource. The reason they’re not getting the resource is because there aren’t anywhere near enough. In this case, we’re talking about writing jobs or getting a show on a streamer. It’s a one-in-a-million shot anyway. Yes, you could blame the young person. You could feel it’s an indignity. I think if you’re in Generation X and you’re saying, “This has happened before I even had a chance to do something,” you’re in your 50s. We got to go start to shuffle aside for the kids at some point.

John: The first time you’re working with someone and for somebody who’s younger than you, it’s a little bit jarring, but you get past it, you get through it.

Craig: I also think that if somebody’s smart, it doesn’t really matter. I think it’s cool. I also think sometimes when I’m working– I’ve been in situations where I’ve been writing something and there’s a couple of executives that- actually, all the executives that I work for at HBO I think are a bit younger than me. One of them is very young. I never think like, “This is nonsense.” No. I just think sometimes it’s a benefit because when I was 26 and the person I was working for was 50, they looked at me like, “You’re a kid.” I looked at them like, “You’re my dad.”

Now I think sometimes people that are younger are like, “Oh, here’s the calming older presence here who’s been around a lot.” It’s a little harder for them to say, “You don’t know what you’re talking about.” I don’t mind it. Do you have any weirdness at all?

John: No, I think sometimes I need to watch what I’m saying that in no way sounds patronizing or it sounds like, “Young whippersnapper, you don’t know what you’re talking about.” That I know what I’m doing here. Also I feel like they’re coming to me with the expectation that I do know what I’m doing in these circumstances.

Craig: I do think if you trotted out “Young whippersnapper,” they wouldn’t even know what that means.

John: Yes, absolutely. Completely.

Craig: “Sorry, the what now?”

John: Absolutely. Monty Burns is sort of a–

Craig: The jumping on TikTok, “What is whippersnapper?”

John: Hope back in my stagecoach.

Craig: Even the fact that I said jumping on TikTok. God.

John: Cringe.

Craig: If my kids could hear me now, they’d barf.

John: There’s really nothing more cringe than cringe though.

Craig: Cringe is the cringiest. We’re recording this the day after Thanksgiving.

John: Yes, so this will come out two weeks after.

Craig: Is Amy home? Did you have Amy here?

John: No, it’s so bizarre to have my kids going to visit her friends in the UK because like, “Oh, it’s just a long weekend, so I’m going to go visit her friends in the UK.”

Craig: My youngest daughter, Jessica, is here in town and we combine Thanksgiving with another family and they have three daughters. One is in the UK, but the two that came are both high school age, senior and freshman, I think. I’ve never felt older in my life. I’ve actually gone so far around that I’m kind of cute. It’s funny how out of touch I am. They like it.

John: It’s always fun when she’ll like drop a name of some celebrity and it’s like, “Do you know this?” I could just quickly Google and provide context, but I will honestly answer like, “I have no idea who that person is.”

Craig: That’s cool. I think sometimes if you try, that’s where it gets cringe. Stay in your lane. Stay in your lane, dad, be dad. They kind of want that.

John: All right. All right, well, let’s get me fully back in my lane here because we have some AI to talk about. AI and screenwriters to talk about. This all blew up, now as you’re hearing this a couple of weeks ago. This is Alex Reisner writing for The Atlantic, has this article saying, “I can now say with absolute confidence that many AI systems have been trained on TV and film writers’ work, not just The Godfather and Alf, but more than 53,000 other movies and 85,000 other TV episodes.

Craig: Sorry, did he say not just The Godfather and Alf?

John: Yes, he was trying to provide, I think, the broad edges of the framework, or maybe that was related to the prior paragraph which I omitted.

Craig: Oh God, I hope so, because what a weird way to just start.

John: What a lead.

Craig: “Not just The Godfather or Alf.” Okay, fair.

John: “These models have been trained on more than 53,000 other movies and 85,000 other TV episodes. Dialogue from all of it is included in the AI training data set that’s been used by Apple, Anthropic, Meta, Nvidia, Salesforce, Bloomberg, and other companies.

Craig: Great. Great. Oh, fantastic.

John: You might think like, “Oh, they just scoured the internet and they found all the screenplays,” because you can find screenplays for everything, but instead, this is actually taken from opensubtitles.org.

Craig: I had a feeling.

John: What they do is, they extract subtitles from DVDs, Blu-ray discs, internet streams. Sometimes they’re just using OCR to actually see what’s on screen, and they’re uploading to this big database so you can find the subtitles for whatever episode or thing is. You can criticize that for existing.

Craig: Sure.

John: But it’s also useful for translations for people who want to see things in other languages. It’s out there in the world. Basically, these models sucked it up and used that for training data, and you can see why it’s useful for training data, because it’s just dialogue, it’s just people speaking to each other. You have the context for what it is. It doesn’t have all the other goop around it. It’s well-formed. Honestly, our podcast is two people talking to each other. It’s probably useful for training data for stuff.

Craig: Great. Can we get them working? Can we get that going for next week?

John: I want to talk about this legally, ethically, philosophically, and how we as writers probably do feel about it and what things can be done about it.

Craig: That second question’s the fun one, isn’t it?

John: Let’s talk about your emotional reaction to this and what this makes you feel like.

Craig: Well, I think I’ve probably felt all the immediate feelings in the past. What I feel like now is a sense of general resignation. I feel like the guy in Tiananmen Square, “No, tanks, stop.”

In the end, people who are only familiar with that photograph don’t realize that, no, I don’t think that man died, but the protesters lost and lost permanently. I don’t know how to stop any of this. I don’t think it can be stopped. We are probably baited into arguing about it and then AI will take transcripts of our arguments and learn from them.

John: I think a lot of writers and some writer friends of ours– Robert King was on some podcasts talking about how he was feeling about it. I think a lot of people are in those earlier stages and they’re feeling a lot of the feelings. I want to talk about the feelings. I think the feelings are valid, and then also talk about what can actually be done and how not to get baited into the wrong fights over it. Let’s start with, I think a lot of writers feel angry. When you hear why they’re angry, they’ll say, “It’s theft. This is theft.” If someone steals your car, that’s theft. If someone makes a bootleg copy of your movie and sells it, that’s copyright infringement, which could be a criminal act. There’s also civil penalties for that.

As we’ve talked about on the show, when someone steals your idea for a heist film set during the Iditarod, that’s not really theft in the same way. This could be closer to that third thing where it’s like they’re not taking your– as we described, unless you are actually taking the expression of those ideas rather than just the idea itself, unless you’re using that expression of ideas and showing that stuff, it’s going to be very hard to make a case against it.

Craig: Well, when people talk about theft, who do what we do, my general response is, you’re talking about somebody stealing something you don’t own because you gave it away because you took the money. What we do, we don’t own the copyright and the companies do. It’s their property.

John: It is.

Craig: This came up when Napster came around back in the late ’80s, early ’90s. Then following that, all the file-sharing services like LimeWire and so forth, and then BitTorrent. Everybody was panicked that everybody was going to steal everything. Writers were upset that their residuals were going to go away. I just remember thinking, “Well, if the companies that own this stuff don’t care, then it’s all over.” But generally, they do.

John: They do.

Craig: This is one of those times where I think we get to hide behind the monster we’re usually fighting, because if there is some compensation for this, it’s the studios. They’re going to have to figure it out. Problem is some of those studios, I think, don’t care. Apple, I don’t think they care. I don’t think they care. I don’t think Amazon cares. I think they’re probably into it. I think they’re probably sitting there going, “Well, what if we could replace all these people?” If that happens, if the studios are willful collaborators in this theft so that they can enable the tech industry to replace all the humans, then nothing matters anyway. It’s over.

John: A model of an industry coming up and pushing back against this, we were listening to those examples of songs that were generated from AI models that listen to a bunch of songs and could recreate it. Give me something that feels like a surfy kind of thing. It’s like, “Oh, that’s exactly a Beach Boys song.” It has a lyrics of a Beach Boys song. Those examples are so clear cut, much harder to find examples of that in our texts. Doesn’t mean we won’t happen, but it’s harder to do this. That’s going to be the interesting thing if they decide to go after it, which they might.

Craig: For the case of songs, artists do own the copyright to the publishing, to the lyrics and the music itself, not the recordings, although some artists do. It’s a more complicated situation. Individual stars can go after these people, I suppose, like Taylor Swift could probably do that. If people are going to go through Big Fish and they’re going to go through The Last of Us and they’re just going to scrape it and teach it to a thing so it could write Big Fish 2 or a Last of Us spinoff, if HBO or Sony, Warner Brothers or Sony, if they don’t care enough to stop that from happening or sue somebody, it’s happening.

John: Yes. Individually, we’re not going to be able to do anything about it. Let’s talk about a different thing which gets conflated with it, which is plagiarism. Vince Gilligan, who’s on the show, was a great episode when he came to speak with us. He described generative AI systems as basically, “An extraordinarily complex and energy-intensive form of plagiarism,” which is such a great quote for this. Plagiarism is interesting because it’s not a criminal thing. Plagiarism is a moral thing. It’s a set of rules we’ve agreed upon. Institutions will have ways to define plagiarism and enforce them.

Plagiarism is generally representing someone else’s ideas as your own without proper attribution. If you could put a quote in from somebody, that’s great. You take away those quotation marks and the citation, that’s plagiarism. It’s useful to think about these AI systems as if you were to use them to generate some text, it could be plagiarized and you’d have no way of knowing that it was plagiarized. You’d have no way of actually checking to see what that is from. It could string together the words that are actually someone else’s expression of that thought and idea and it’s really hard to know where it came from.

Craig: Which is also the case with regular plagiarism.

John: Yes, it is.

Craig: Plagiarism is immoral for that very reason. AI doesn’t pretend to not be plagiarism. They advertise their plagiarism. That’s the whole point.

John: I would say the plagiarism though, again, it’s the taking someone else’s idea and saying that it’s your own.

Craig: Which they do. Because look, when the Beastie Boys put out Paul’s Boutique and they originally had Paul’s Boutique, they just didn’t credit all the 4 billion samples they made. Everybody was like, “Yo, there’s A, the legal question of whether or not you can use this. B, you’re kind of pretending you made this.”

John: To me, Paul’s Boutique though, there’s a legal question there because of sampling. Because you could say this is directly–

Craig: It was both. There was a sample there and that was a whole legal thing, and they did have to end up crediting all these people. There was also just an ethical, plagiaristic question. Do the Beastie Boys, are they representing that they came up with this groove? Are they out there saying– Look, now, Paul’s Boutique’s awesome. They didn’t want to plagiarize and they did say, “Okay, sure, we’ll do all this.” They were young and they didn’t really care. I think that, yes, AI is essentially plagiaristic because the detailed training– when you say, “Okay, I’m going to feed you every Robert Frost poem. Now, give me a Robert Frost poem.”

John: It gives me the Robert Frost poem. The generation of that fake Robert Frost poem is the plagiarism.

Craig: Yes. Correct.

John: It’s the output that is plagiarism, not the input that’s plagiarism.

Craig: Correct. It’s the output.

John: That’s one of the decisions I want to make here is that training the model it may not be plagiarism. It’s the outputting anything from it.

Craig: It’s the output. No question. No question. Now, if AI had an ethical component to it, which would have to be imposed by law to identify everything that it did as AI and to say, “This is not a Robert Frost poem, or somebody that’s writing poetry that sure is awesome like Robert Frost, but rather this is an AI emulation of Robert Frost,” fine. I get that. I think that’s probably not plagiarism because it’s about acknowledgment.

John: Well, except that if I say it’s not a Robert Frost poem, but it would say like you’d have to cite the source of where it’s coming from or at least–

Craig: I don’t think so. I think that like specific citations is about academic rigor. The key with plagiarism is to say, “I’m acknowledging that I borrowed this and this rather,” than trying to pass it off as my own.

John: I get that.

Craig: If you acknowledge it, I think you’re out of plagiarism town and you’re also opening yourself up for people to properly evaluate and say, “You didn’t actually just do this by yourself. You read every single thing and then did this.” I think, honestly, if a human reads every Robert Frost poem and then writes a poem-

John: In the style of Robert Frost.

Craig: -as an homage, that’s not plagiarism. But the fact is there is not a human involved. Since it is only the text and nothing else, no life experiences or anything, it just gets much clearer to me that it is.

John: All right. Getting back to the feelings of all this, we have, “This is theft, this is plagiarism, or this is training something to be a replacement for my work.” That I described initially as the Nora Ephron problem. Imagine you fed all of Nora Ephron’s scripts into one of these systems and say, “Now give me a new Nora Ephron script.” That feels really wrong. It will continue to feel really wrong for me because you are taking a writer’s work and generating just a fake version of Nora Ephron in a way that’s calculated and it feels gross and Nora Ephron is no longer alive to be competing, but like I am alive and you are alive.

If they say like, “Here are all these John August scripts, give me a John August script,” I’m suddenly competing against a version of John August who can work 24/7 and generate a million different scripts. That’s unfair competition. That’s what–

Craig: It’s not competition at all. You’ve lost. This is where I stand aside, I think from a lot of people when they’re like– because the silent phrase that is in front of, “They’re training, our own replacement” is “You don’t understand.” Oh no, I understand. What am I supposed to do about it? There’s nothing I can do about it. we can all be John Henry and like, “Look, I can pound these railroad ties,” or whatever he’s doing as fast as that steam engine. John Henry died at the end of that story. Steam engine goes on pounding the railroad spikes.

John: John Henry is the Tiananmen Square guy.

Craig: We are all John Henry here. There’s nothing we can do. People say these things like, “If only people understood that we were training our own replacements, they would rise up and…” What?

John: What would they do?

Craig: Yes. Like when you say it’s calculated and it feels gross. Yes. That’s what corporations do. That’s how we got Lunchables.

John: You just described capitalism.

Craig: That’s the whole thing. That’s why they’re successful. They don’t have the qualms that regular people have. If it’s going to happen, it’s because it’s what people want. In the end, this is all driven by a marketplace. If people go, “You know what, actually, I’m fine. Oh yes, give me AI Friends. It’s fine, I’ll watch it. It’s fun. It’s almost as good as the real thing. In fact, it’s better.” Then we’re done.

John: I want to separate two things out there. Giving me AI Friends, our work isn’t just being trained to create the fake versions of what we do. It’s actually being trained so the models can do all the other stuff. Like having Alexa be able to speak back to you in a more natural way does come from all the training that’s been done on dialogue. It’s not just about directly replacing the work that we’ve been doing. It’s part of a bigger–

Craig: Yes, also we may encounter something that AI does that was prompted as “Give me a romantic comedy written in the style of John August,” that you will watch and not know it was prompted by that.

John: Oh, totally.

Craig: It will seem original even to you. If these things are to pass, then it’s over. The whole reason copyright law exists in the first place is to protect artists so that there can be some innovation. The best argument that we can probably make against AI at some point is if you do this to the extent that this is no longer a job, you’re going to run out of stuff to train them on. They’re just going to turn into a loop of self-training and it will flatten out and go nowhere.

John: Maybe, and that’s a strong possibility, but it’s a question of when does running out of that data really slow the progress and is there a different way that they can progress beyond that? Because at a certain point it may not matter that much.

Craig: Then it really doesn’t matter.

John: Well, summarize for– I want to validate and sit with what it feels like to be a writer in this moment. You can feel anger and indignation because this is a violation. This is a theft. It feels like plagiarism. That sort of sense. If you’d asked me whether you could train on my stuff, I probably would have said no, but at least you didn’t even ask me.

Craig: It’s not yours.

John: It’s not mine. In some cases, some writers, it is their stuff.

Craig: That is a different deal. Yes, that’s a different deal.

John: I think writers feel threatened that this thing could replace them, and also powerless, which is what you’re describing there. It’s a sense that we have no agency in this fight.

Craig: We don’t.

John: We don’t. I want to propose a thought experiment. Let’s say that you’re one of these writers who’s feeling all these feelings, but you were able to peer inside the LLM and say like, “Oh, wow, actually, none of my work was used to train this.” If you actually realized like, “Oh, none of my stuff is there.” In the case of this most recent thing, anything written after 2018 isn’t in there. Does it really change how you feel?

Craig: No.

John: It doesn’t. That’s why I think “They’re training the model based on my stuff” isn’t necessarily as big a thing to be focused on.

Craig: It’s not an objection over an individual violation. It’s an objection over how our vocation is being viewed, treated, and used. If they can do it to you, that means they can do it to me, so there’s a little bit of a selfish concern in there. Mostly, it just feels wrong and unfair, and I suspect we’re all looking at each other the way that welders did in Detroit right before the robots wheeled in. What can you do though? This is one area where I think we have to all look at each other and realize that we are collectively complicit in creating the marketplace. We want to blame corporations.

I can say, yes, corporations don’t have qualms. They have no problem sitting there and injecting thousands of chemicals into something to create the Lunchable, which is– I’m obsessed with Lunchables because I love the name.

John: I’ve never had a Lunchable in my life. I know what they are, but I’ve never eaten one.

Craig: It’s terrifying. But here’s the thing, people like Lunchables. If they didn’t, then Lunchables would have failed. The corporations are venal and greedy and have no morals, but it’s only in pursuit of giving us what we seem to want. Now, the consumer base, a lot of times, is not aware of what they want because there are things they don’t know they want.

John: Absolutely.

Craig: There are things that haven’t existed yet that they were just unaware of, and then suddenly, boop, there they are, and then everybody goes crazy over them. This is an us problem. We like cheap things. We like cheap things, and we like things fast, and we like variety.

John: We’d rather have sugar than a difficult-to-digest thing. They are wired for that, and so I think sometimes this stuff that comes out of AI does feel like sugar. It’s like it solves this immediate hunger really quickly.

Craig: We play D&D every week. We typically will have Doritos. Cool Ranch Doritos…

John: Incredible. What an achievement.

Craig: That team of scientists should get a Nobel Prize and also probably be put to death for what they have done. That flavor powder is astonishing to this day, and it’s been decades now, but I still remember when that blue bag came out, and I was like, “Oh, what’s the new thing?”

John: Craig, you and I are old enough that we grew up at a time when ranch dressing became a thing.

Craig: Yes. Ranch dressing was the proprietary dressing of Hidden Valley Ranch, an actual ranch.

John: Yes, so amazing. Incredible.

Craig: I know.

John: All right, let’s talk legally and philosophically this moment that we’re at. Legally, the copyright questions are still TBD, so it’s unclear whether it’s fair use to ingest this material. I would separate the ingesting of material versus outputting stuff that was based on material. We don’t know whether the material generated by LLMs can be copyrighted. Right now, no-ish, but it really becomes a question of, well, how much of that was outputted from this model, if that’s tough. There are going to be situations like the music examples before, which are just so blatant that, well, of course, that’s a violation, but other stuff could be more subtle.

The question that legally, whether this is unfair competition, restraint of trade, that’s a live ball. The FTC and the new administration, I don’t see them tackling this.

Craig: Any administration, it doesn’t matter, they’re not going to move fast enough. Every week, this changes, and the gears of federal justice are glacial. The legal venue that may make a difference, if any venue will make a difference, is Europe.

John: Agreed.

Craig: Now, Europe, they’re pretty severe about data protection. They’re pretty severe about advertising online and representations, truth and so forth, and clarity, misinformation, and I could certainly see them getting pretty deep in on this and pretty quickly. If you are Google, you don’t want to just not be able to be in Europe. That’s a problem. That’s a problem for all these guys. So that becomes an issue, but here’s the thing, Europeans like stuff too.

John: Also, I think we have this sort of understandable big corporate Western bias, but the same technologies that made OpenAI, or made Cloud, or made Google, can be done in China, can be done in other markets, and they exist free. There’s other models out there. The genie’s out of the bottle. It’s going to be there.

Craig: The only thing that’s centered on us in the West is that we are making a lot of content for the globe. It’s one of the few things that America makes that is devoured internationally on a large scale. Obviously, there are huge entertainment markets overseas, like in India and China, but if you compare, for instance, how many movies or television shows come out of Europe as opposed to the United States, it’s probably not even close. Yes, it is a thing. I don’t honestly know where it’s going to go. All I know is that we’re going to yell and scream about it a lot while we are conveyed towards our destiny.

Just imagine all of us on a moving platform yelling about it and debating what we should do and where we should go, and the platform just keeps moving towards its final destination.

John: One of the other big challenges legally is you think about, oh, there should be a court fight. Who is the injured party? Is the injured party the original writer? Is it the copyright holder? Is it society as a whole?

Craig: No. The society as a whole has no standing.

John: What is the proper court to even be deciding this in? We obviously think about US laws.

Craig: It would be almost certainly federal because that’s where copyright law is. The companies that own the IP, that’s what intellectual property law is designed to do.

John: Again, if they tried to go after that this was used– the ingesting portion of the phase, I think they’re not going to win. They have to be able to show the output phase as being the problem.

Craig: Which they would, but the amount of time it takes to do all that– Again, while you’re doing all of it, it just keeps going. Then the threat of a settlement keeps growing and growing. Who are you suing? Are you suing Google?

John: Yes.

Craig: Well, if you’re suing Google, that’s fine. Let’s say you’re Disney and you’re suing Google. At what point does it become easier for Google to just buy Disney? Where do we think Apple’s priorities are? Their handful of shows or their massive tech business? You can see the writing on the wall here.

John: Let’s move aside from legally and think philosophically and morally. Is it legal to scrape the internet? Is it philosophically moral to scrape the internet? Because, really, Google did this to create Google. Google searched everything. It’s impossible to actually Google the answer to, “Was it a controversy when Google scraped the internet?” Because I’m sure there were people who were freaking out about that because they’re like, “Wait, you’re reading my stuff and processing it and serving it up.” It’s not the same thing, but it’s analogous to the same thing.

Craig: Well, they were crawling and collecting, but they were really just collecting links. “Here’s a link to a page.” Then they were seeing how many other people linked to that page. That was their big page link. That was their big–

John: Well, they had to know what was on the page and do a bunch of sorting on that page to figure out like, what is this page really talking about?

Craig: Right. I don’t know if that was considered controversial at the time. I think everybody was just thrilled that Search worked. Of course, people that were making content on the internet, businesses in particular, were so excited that there was a way for somebody to find it.

John: Yes, because it was useful.

Craig: Yes. When you put stuff on a webpage, then how did you get people to go there? By giving them this endless long link that started H-T-T-P.

John: Or getting Yahoo to put it in the big category. The big-

Craig: Right. The list.

John: -catalog of everything, yes. A list of everything.

Craig: Yes. The phone book, right? I don’t know if anybody complained then. Is reading everything on the internet or handing it over to something, no, it’s perfectly fine. To me, that’s no more illegal than reading a book.

John: I think philosophically, “reading” and “copying”, how we feel about them really depends on where we’re sitting because I think the AI technologists will say, it’s reading.

Craig: It’s reading.

John: It’s reading. It’s reading a thing. It was like, “Oh, you’re making an illegal copy.” Every webpage you’ve ever visited is a copy of that webpage. You’re not actually pulling the original webpage.

Craig: Correct. You don’t make anything until you make something. If you said to people, “Listen, I’m building a large language model and I’m going to have it read everything you ever wrote, but it’s never going to write anything itself. It’s just reading because it likes to. If you want to come over and talk to it, you can, but it’s not going to write anything,” who would have a problem with this?

John: Some people would have a problem, but most people would not have a problem with it. Interesting counterexample here is Google Book Search. Google scanned hundreds of thousands, millions of books, and then it would show you a little excerpt from that book. Authors argued like, “It is taking away the value of my book because people can find what they want on that little book search and not actually have to get the book itself.”

Craig: I’m sure the book publishers would disagree and say, “Oh, no, no. No one was finding your book. Nobody was buying your book.” Now, 80 people bought it because Google Book Search led them there. Again, copyright’s a different situation there for novelists. For us, we are at the whims and mercies of the companies for whom we work, and they are either, in various levels, identical to tech because they are those companies, in bed with them or floating out on their own. The ones who are floating out on their own, I think, are the ones that are terrified right now, and probably looking for a tech buddy to join up with.

John: Yes. I’m hoping we still have some listeners who are still outraged. Who feel like this is outrageous and something has to be done because I would then prompt three questions: What do you want to see done, who do you want to see do it, and would the strategy be effective?

So, what do you want done? Do you want to shut down any model that’s been trained on this data? Do you want to compensate the writers whose work was included? Do you want to ban the future use of training off this or similar materials? Those are things you could ask for. You’re shaking your head. I don’t think they’re achievable.

Craig: No, they’re not achievable, nor would they even be enough because technology is just going to get around that. It’s like water. It’s going to figure out how to get where it needs to go, even if it has to carve a canyon through rock. Oh, we didn’t train it on your stuff. We trained it on this stuff that was trained on your stuff by somebody else who’s out of business now. That was free leave. There are so many ways for these companies to engage in f-ery. That’s F-dash-ery. I think we’re just kidding ourselves.

John: Yes. Honestly, I feel the same way I feel about the pandemic, which is that I feel some people who are so outraged and angry, it’s like, well, they want a time machine, and there’s just not a time machine. I can’t take you back to a time before the pandemic. I’m sorry you might’ve voted for this person because you believe it’s somehow going to take you back to 2019, but it won’t, and we’re still here, yes.

Craig: Yes. Now more than ever, I think it’s important to engage in the Serenity Prayer when we can.

John: “Worry about the things I can control,” to paraphrase.

Craig: Yes.

John: What’s in our control?

Craig: In this instance? The only thing, as far as I can tell, that is in our control as writers is whether or not we assign copyright to another company of original material that we’ve created. That’s it. That’s the only thing in our control, and that has always been the only thing in our control. Even as a union, that stuff, that collective bargaining, it’s also not really in our control.

John: No. I get frustrated because Kim Masters on this last episode of The Business was saying like, “I got to believe that the WGA should do something.”

Craig: Oh.

John: Kim–

Craig: I love her. She’s smart and everything, but the WGA is not going to be able to do anything here.

John: First off here, everything that could have been done, we did, and we did first. Writers are human beings, material generated by LLMs is not literary material. Writers cannot be forced to use LLMs. We are negotiating a contract with our employers. As far as our employer relationship, I think we’ve done everything we can. We should defend what we’ve done and make sure we don’t lose those protections.

Craig: We can expand it as maybe some f-ery occurs, but the WGA isn’t Batman, right?

John: No.

Craig: All they can do is control that contract. If the companies arrive at a place where they can create literary material that is of the same quality or, God help us, better than the stuff that we make as humans, there is no more WGA. It doesn’t matter. What are we supposed to do? Just argue over a contract that employs nobody because they’ve got the robots doing it? I just think when somebody says the WGA has to do something, they’re almost setting up someone to blame.

John: That’s really what I do feel like because it’s like, listen, the strike was not about this, but it was partially about this. I testified before the Office of Copyright and for the FTC. Our president testified before Congress. Do you want us to enter a giant lawsuit against somebody? That’s going to waste a bunch of money.

Craig: It’s not going to work. While we’re doing all of that, what will be is what will be. We don’t like these things, but if the rest of the world does, we lose the vote, and the market votes with its money.

John: I want to make sure we’re focusing on what things we can control. As a writer, you have the choice of what technologies you’re going to use and what technologies you’re not going to use. You can be smart about those things. It’s also, I think, good to make a set of policies for yourself and stick to those policies. If you’re never going to touch one of these systems, God bless you, stick with that and make a plan for that.

We should continue to fight for the protections that we already have. We need to keep ourselves educated about these things and defend the idea that art should be created by human beings is a noble thing to keep fighting for. Set professional standards for ourselves and others. I just think this is a dumb hill to die on. It’s just going to be a distraction from actual meaningful fights about the future of our labor.

Craig: The thing about hills to die on is you got to go have a chance to not die. This hill, this is Death Hill, right? It’s not that we don’t think it’s important enough to fight for, but there are things where you can just tell this toothpaste isn’t going back in the tube. In fact, we’re not even sure what’s about to come out of the tube. We have no idea. All we know is it keeps coming day by day. What’s going to happen is we’re going to take our stands and we’re going to be angry and we’re going to say our things. Then somebody that we really know and like is going to be like, “By the way, I just had this incredible interaction with AI and did this thing and it’s great. It actually is super, and culturally, just watch.”

What are you going to do? You’re going to just yell at cars all day long because you really loved horses?

John: No.

Craig: It’s not going to work. When it comes to protecting artists, I’m afraid that in our line of work, not painting or songwriting, but in our line of work – television and film – we are subject to the vicissitudes of our employers and their varying interests in whether or not they want to defend their own intellectual property. That’s what we got.

John: Yes. I think if you were to take all of our work out of the models, everything that a WJ writer has ever written, pull it out of the models and permanently ban it from all the models, the models would be slightly worse. A slightly worse AI would still eat your job.

Craig: Yes. Maybe they would just get to where they were going to get a little bit later.

John: A month.

Craig: That’s the part that’s really upsetting. This has been something that has happened throughout history. Typesetters must have been really pissed when word processing came along and just automated [crosstalk].

John: Yes. Automated that whole thing.

Craig: This is what happens.

John: Elevator operators.

Craig: Ah. Which is why I love New York, because there’s still like, you know what? Every now and again you walk in an elevator, there’s a guy. Hopefully we’ll make it. I don’t really think there is an example in history of anything like this.

John: Yes, it’s different.

Craig: This is different, which is terrifying. What is also terrifying is how blithe everybody is as they run around and run toward it, and yet everybody seems to understand that it’s happening. Mostly people seem to be shouting at each other about it. Which, if I were a conspiracy theorist and thought that AI was trying to take over the world, I would suggest that AI had been doing a brilliant job of turning itself into the distraction that we all yelled about while it quietly ate our lunchables.

John: Let’s answer some listener questions. First, we have one from Jonatan about finishing work.

Drew: Yes. Jonatan says, “Do you think that every screenplay should be finished no matter what? If you’re working on a script and realize that it’s not good enough to become a movie, is it better to finish every script regardless so that you make a habit of actually finishing your stories and not normalizing quitting, or is it better to drop a story when you realize it’s not good enough?”

Craig: Normalizing quitting?

John: Normalizing quitting.

Craig: I love the kids. I think that if you are early on, this is your first or second script, yes, get to the end.

John: Get to the end, yes.

Craig: Finish it, know what that means, even if you see by the time you finish it why it was not meant to be finished. If you’ve got a couple behind you, if you ever finished any screenplay and you’re writing a script, and you’re like, “Oh no,” yes, normalizing quitting is just not working. Ball it up and– think of it as a really, really aggressive rewrite, where you’re rewriting it to something else entirely.

John: I think it’s important to finish a script. Craig and I have our feature bias. We were thinking about a 120-page script, which is a long thing. Listen, that could be months more of work. I don’t want you to kill yourself over something that saps all your will to live to finish this thing if you think it was a bad idea, it’s a fundamentally flawed premise.

But it’s also important to realize that writing is just hard. At a certain point in a script, everyone goes through that crisis of faith in a project. It’s like, “I don’t know how to do this thing. It’s the worst idea. I should never have pursued it.”

Craig: Yes. That’s why I think if you have one finished, then at least what it means.

John: You know what it feels like. You know what place. On the second script, on the third script, you’re like, “Oh yes, I recognize this feeling. It’s not the end of the world.”

Craig: I think default to finishing, but it’s not quitting. It’s making an executive decision about your artwork.

John: Yes. Let’s answer one more question. This is from Brett, who’s had his first contract.

Drew: Brett writes, “I’ve been ‘hired’ to write my first assignment. First, thanks so much. All along the way, as producers argue and the director gives notes, your voices have been echoing in my brain reminding me that my job is to make everyone feel heard and respected, while ultimately protecting the movie. Quick preface, I work in music, and I know this director from music video shoots where we’ve crossed paths in the past. Here’s the question. This is a non-union gig. The budget is $10 million. There is IP from a well-known song and participation from a well-known musician. Because it’s non-union, the producers have basically put the impetus on me to define my financial terms.

I’m not cash-strapped, so I’ve been creating literary material without any agreement, but it’s time for me to start the screenplay, and they have asked me again about pay. I would like to enjoy in the back-end success via residuals, but I assume that’s impossible in a non-union production. Could I or should I ask for a tiny percentage of the sale? Otherwise, would you recommend asking for some amount due upon delivery of the first draft? Maybe a weekly rate for the rewrites and polishes?”

John: A $10 million movie is not tiny, and it feels like this could be a WJ movie if they chose to make a WJ movie. It’s like it’s really easy to spin up an LLC, but they’re not going to do it, so not a lot worth having. A $10 million movie, you should be getting terms that are like what you’d be getting for the WJ film. What I would say is go on the WJ website, pull up the most recent contract, and figure out what are the prices for a draft, for a set and revisions, and work off of that as your template. That should be the floor you’re thinking about rather than starting from scratch.

In terms of back-end, they may not know what they’re doing either, so there might be some definition of something that is actually meaningful. Regardless, you’re going to want to have an entertainment attorney take a look at this to make sure you’re assigning something that’s just not dumb.

Craig: I think probably an entertainment attorney here would also be helpful to provide context. Because if they are reputable and they work at a firm, this is not the first time that the circumstances are risen. They can say, here’s other movies that roughly cost $10 million that were non-union deals with non-signatories. This is generally what we try and do. We try and capture X percentage of the budget for the writer, which is very typical.

John: Back in the day when we were doing budgets, and Drew, correct me if this is wrong, because you’ve done this more recently, 1.5% is what it is.

Craig: 1.5%, okay.

John: Drew, is that familiar to you at all?

Drew: That sounds right, yes. We tend not to do back-end anymore. Everyone is pushing more towards Box Office Bonus.

Craig: And back-end would be a trap with a company like this because the worst possible news is, yes, we grant you all of your back-end requests that, as worded, will never equal money. So a buyout could be possible.

John: A production bonus would make a lot of sense.

Craig: Production bonus. Also, is this going to be a negative pickup for a distribution company? Part of that fee. Do we get a percentage of that sale, as defined by what? You needed a lawyer. You need a lawyer real bad. The WGA minimums would be where I would start, and a lawyer will help you with this. There’s no way around that. We’re not lawyers.

John: No, so we can only point you in directions of things you’ll talk to your lawyer about.

Craig: Yes. Like this.

John: Yes, like this. Money.

Craig: If you’re going to ask a question about contracts, nine times out of 10, we’re going to be like, “You’re going to need to check with a lawyer.”

John: Yes. I wouldn’t say ChatGPT would be your friend here.

Craig: No.

John: No. They’ve not had the on-the-ground experience with this kind of contracts.

Craig: You could hire an AI lawyer and you go to real jail.

John: Great. It’s time for one cool things. My one cool thing is this video I watched a couple weeks ago. This is Jon Batiste hearing this Green Day song for the first time. Jon Batiste is an incredibly good composer, singer, songwriter. Just brilliant at the piano, has sort of Stevie Wonder energy, and just basically sort of can rips on anything. In this video, they have him with headphones on and he’s sitting at the piano. He’s hearing this Green Day song for the first time. He has no idea what the song is, and he’s not told it’s Green Day.

Craig: Oh, I’ve seen this. It’s great.

John: Yes, it’s great. He’s just hearing the vocals and drum track, and he’s just at the piano figuring out what the music is that goes with it, and it’s just– off the top of his head it’s brilliant. Just to see this–

Craig: Interesting.

John: Interesting. Co different but completely interesting. Craig and I both had the experience of being able to work with really talented composers who could just do anything. Suddenly, things that are–

Craig: It’s magic.

John: Yes, it is genuinely magic. He is just a magician. Seeing what he’s doing, whilst also just seeing the joy he’s feeling in the moment, and then actually hearing the full track versus what he did, it’s incredibly good. If you just want to see the value of actual human beings in creation of art, I can think of no better example than Jon Batiste listening to Green Day. We’ll put a link in the show notes to YouTube.

Craig: I also, my one cool thing derives from a video. I, like millions of people around the world, opted to make the viral Mac and cheese for Thanksgiving. This is Tini. I think it’s pronounced Tini? Tini, T-I-N-I?

John: Yes.

Craig: I should know this. Anyway, she had a video, it was on TikTok, where she makes Mac and cheese. For some reason – and even she is like, “I don’t understand why” – it became the sensation, and everybody felt a strong need to try and make this Mac and cheese.

John: What’s different about this approach?

Craig: Honestly, I just think it’s a solid approach. She recommended cavatappi pasta, which is much better than an elbow macaroni. Shredding your own cheese-

John: For sure.

Craig: -because pre-shredded cheese has starch on [crosstalk].

John: Now, she’s making a béchamel sauce and melting the cheese into it.

Craig: She’s making a roux-

John: That’s classic.

Craig: -which turns into a béchamel. It was nice also watching it because I cook a lot, so it was cool to think, “Oh, a lot of people are now learning what a roux is, which is cool.” Some interesting flavors in there. Smoked paprika and a little bit of Dijon. Anyway, I made it.

John: Was it good?

Craig: Outstanding.

John: Oh, it’s great to hear.

Craig: Like 11 out of 10 would make again. Really, really good.

John: Breadcrumbs on the top?

Craig: No.

John: Oh, okay.

Craig: No, no breadcrumbs. In fact, she was very, very adamant. Like, “No. Get your effing breadcrumbs away from my Mac and cheese.” No. At the very end, you just put it under the broiler for like two minutes just to crisp it up. That’s it. It’s intense. It’s a heavy dish. It’s not an everyday food.

John: What’s so fascinating about Mac and cheese is that there’s two separate categories of things. There’s the Mac and cheese you’re describing, and then there’s just Kraft. Kids who love Kraft, and you try to give them your Mac and cheese, they would throw a fit.

Craig: Kraft, as we have mentioned earlier, is a corporation that spent so much money coming up with that orange powder, which is awesome, by the way.

John: It’s also great, yes.

Craig: A Kraft Mac and Cheese is delicious. I resent it for being that delicious, but also, when you look at the effort, I will say, Tini’s Mac and cheese-

John: It’s a lot of work.

Craig: -it took a while. Just a little elbow grease getting all that cheese shredded there. Yes, I thought it was great. Tip of the hat to her.

John: Awesome.

Craig: She did a nice job.

John: We’ll put a link in the show notes to that. That’s our show for this week. Scripted and produced by Drew Marquardt and edited by Matt Chilelli. Our outro this week is by Nick Moore. If you have an outro, you can send us a link to ask@johnaugust.com. That is also the place where you can send questions like the ones we answered today. You’ll find the transcripts at johnaugust.com, along with the sign-up for our weekly newsletter called Interesting, which has lots of links to things about writing. We have T-shirts and hoodies. They’re great. You’ll find them at Cotton Bureau.

You can find the show notes with the links for all the things we talked about today in the email you get each week now as a premium subscriber. That’s new. We thank all our premium subscribers. You make it possible for Craig and I to do this show every week, along with Drew and Matthew. You can become a premium member at scriptnotes.net, where you get all the back episodes and bonus segments, like the one we’re about to record on the difference between living in a simulation versus living with a creator, or if there even is a difference. Is there a conundrum? Is there a paradox there?

Craig: Let’s dive in.

John: We’re going to dive in. Only for our premium members. Thank you to those folks. Drew, thank you for a fun show. Craig, thank you.

Craig: Thank you.

Drew: Thanks, guys.

[Bonus Segment]

John: All right. Drew, to start us off here. Read this email from Tim.

Drew: Yes. We got a follow-up from Tim, who writes, “In Episode 665, Craig’s one cool thing was the WIRED article about scientists reimagining the underpinnings of reality and discovering new depths of its elegant simplicity. He commented that simplicity makes sense since reality is a simulation. It made me curious. How would Craig make a distinction between the cosmic classifications of simulation versus creation? Both imply a closed system with intentional design and a first cause. Is it that simulation is usually associated with natural designers, while creation is often linked to the divine?

What, if any, distinction would Craig make between the type of designers who lay behind either model, and why does he prefer the simulation metanarrative?”

Craig: What a good question. I enjoy this. Okay. There are almost no differences. Really what it comes down to is that the idea of divine creation ascribes a sense of moral order to the universe and purpose. This is the most important thing, purpose, whereas the pure simulation way of thinking about things implies no moral order whatsoever, and very specifically, for me, implies no significant purpose.

If, say, we launched The Sims, and we had gotten to a place where The Sims was so good that all the little individual Sims were actually fully conscious, would we be able to explain the purpose to them? The purpose is to what, amuse me? I guess that’s a purpose, but it’s not a divine purpose. It’s not spiritually significant. I suspect that the simulation that we live in is not spiritually significant, and I don’t think that there is a moral order that is implied by somebody. Oh, absolutely, it could be a person. It could be one person. We could be the work of one-

John: One consciousness.

Craig: -one consciousness, one entity that has coded this and is running it, or we could be the product of 2,000 simulations deep. I don’t know, nor could we know. But, of interest, I did read an article – I’ll have to find the link to it – where people were arguing about the Big Bang, and what they’re struggling with is they can’t get around it. It happened. They don’t know why. And every time they try and beat it, they can’t.

John: They try to get around it scientifically or philosophically.

Craig: Scientifically. They’re trying to say, “Look, surely there’s something other than an unmotivated explosion.”

John: It feels like division by zero. It’s undefined, yes.

Craig: It just seems like. Really, what I think we’re struggling with is that somebody turned it on. The program was launched, that’s the Big Bang, and we can’t handle it.

John: Actually, I want to dig into what you’re thinking. Do you believe that the simulation began with a Big Bang or do you believe that it started at some other point and a narrative was installed, and basically, retroactively it sort of filled in the space behind there as an explanation force of?

Craig: Either one could be true. It’s either that the simulation was running along, and then someone went, restart it, but start it with this, and let’s– I suspect that it’s really more that the actual initiation of the simulation appears to us through our primitive physics as a large explosion in which everything, information, was contained. The Big Bang Theory says there was one little tiny, infinitely small dot that contained everything that we see. The gazillions of things. I don’t know how much mass we suspect the universe has. All of it was there in that tiny little dot, and then it exploded outwards. I think maybe it just turned on. Seems like it turned on.

John: Yes. Expansion versus creation.

Craig: I think it was the code began to run.

John: I should say before I forget to say that if this is an intriguing conversation for anybody or this resonates, my movie, The Nines, is actually about this.

Craig: Yes. Go see the movie.

John: Go see the movie. I want to dig in a little bit more here, because when I think about– I would consider myself an atheist, or at least I don’t believe that there’s an act of God who cares. I think, like you, I’m fine with the idea that there is a creator, the first cause, the first mover of things. I remember taking a philosophy or religion class in college, and we went all through ontology and teleology and all the proofs for the existence of God. What I was being so frustrated by is like, “Well, even if philosophically I’m willing to say like, okay, sure, it doesn’t get me to like the Christian Abrahamic God at all.” There’s no tie in there that makes any sense to me.

Again, the idea that someone flipped a switch, sure, but that doesn’t actually get me to Jesus died for my sins.

Craig: Correct. Nor would it ever. The history of philosophy is riddled with otherwise brilliant people bending themselves into absurd pretzels. Descartes in particular. What the hell? Come on. “I think, therefore I am.” What was underpinning “I think, therefore I am” was I think, therefore I am. If there is an I, that means that God must have made me.

John: Yes. The I is important.

Craig: It’s so topological.

John: I think, therefore I am. Yes to all that conversation. My question though is these philosophers who were tying themselves in knots to then say, “Oh, but this proves the divinity of this and the thing.” Was it because they actually believed it or because they needed to contort their statements in order to fit the culture in which they were living for their own safety? I was just reading through Seneca’s tragedies, and Seneca, the younger, I didn’t realize was actually like Nero’s tutor. He’s writing these brilliant examinations of power and government, but he writes about the ancient Greeks.

They weren’t that ancient at that time, but he was writing about the Greeks. That they had plausible divine ability. He’s not actually writing about what he’s seeing around him.

Craig: I think once we get into, let’s say, out of the Middle Ages, and even from some of the people in the Middle Ages, it is a question of how demonstrative and vigorous they are in their pursuit of this proof of God. Some philosophers just really– Kant really believes in God. Clearly, he’s not trying to get at anything.

John: The question is– and again, I could read the books, but I haven’t read the books. Do we say that Kant believes in God in his heart and therefore, that’s informing how he’s putting his thoughts together, or does he intellectually deeply believe in this Christian God that he’s writing about?

Craig: It’s intertwined. I think what happens is there are some things that you just need to believe. You need to believe them. Kant is so profoundly smart and boring. He’s one of the most boring writers ever, but incredibly smart. It’s clear that there is a presupposed notion, which is ironic, because that’s this whole category of knowledge that he invents. This idea that there are some things that are provably true, that existed before we proved them, nonsense. However, he needed that to be there because it also explained part of how his own mind worked.

I think that some people grow up in a way where they just– they have to deal with the fact that this must be true.
Proving God’s existence seems like utter folly to me. The whole point is you can’t. Isn’t that the point of faith? I’m like you, it doesn’t bother me. I’m so atheistic that I don’t even get bothered by religious people. I’m like, “Sure. For sure.”

John: Sure.

Craig: I’m fine, I’m over here.

John: This notion that there is a creator, and that creator is therefore watching us or is somehow involved, always felt like a giant leap to me. Because we’ve all seen systems that just keep running forever. Someone starts them and then they walk away and they keep doing it and they might spawn other things. Stuff is just happening in the background, and it doesn’t necessarily mean that there’s, again, a plan, a moral directive for how these things are supposed to be working. That creator might have set the initial conditions that creates the fundamental laws of physics and how the universe functions. Maybe there are moral laws underneath stuff but lack of evidence that they are enforced.

Craig: Lack of evidence. We also don’t understand how time functions for– let’s call this person the mover or observer. They’re running a cycle of a thing for some reason, or a thing of a thing of a thing is running a cycle of a thing. Maybe even this is some AI trying to learn something, who knows? Our billions of years of existence and our personal tens of years of existence could be gone in a nanosecond.

John: We’re just a training model. We’re being used to train some other model.

Craig: We might be. What I find interesting is how as years have gone on from the beginning of history, which is recorded history, early on, generational narcissism, people were just starting to observe themselves. Therefore the idea of a God that was watching us all, evaluating, judging one by one, and then assigning to a fate made some sense. Yes, Osiris and Anubis are going to be here and weigh your heart against a feather and blah blah blah. Okay, but it’s been thousands of years. The world is ridiculously complicated.

The idea that there is a God watching all of this down to every individual person, to me paints the picture of an enormous dullard. Somebody who’s so dull they’re incapable of being bored. Because I can’t imagine anything more boring than watching every single person, every single second of every single day forever to sort them into bins, for what? That sounds like a dullard.

John: Yes. It’s actually worth their time to be evaluating, “How did this one do?”

Craig: The most powerful being conceivable is just down to sorting.

John: Unless it’s like reinforcement learning, basically. It’s like, “I’m going to set up all these different things and see which one of these models learns to walk the best,” or do something else. Maybe that’s what it is.

Craig: We’re back to simulation.

John: We’re back to simulation.

Craig: The idea of like this isn’t a simulation, this is somehow metaphysically real, and there is somebody watching. I’m watching. I’m listening to you. I hear everything, see everything. What a terrible way to spend your day if you could do anything.

John: What a great question from Tim.

Craig: Thank you, Tim.

John: Tim, thanks for your great question.

Craig: I called God a dullard.

Links:

  • Flightplan (and The Lady Vanishes)
  • There’s No Longer Any Doubt That Hollywood Writing Is Powering AI by Alex Reisner for The Atlantic
  • Vince Gilligan Statement on AI to USCO
  • Lunchables
  • The Serenity Prayer
  • Jon Batiste hears Green Day for the First Time
  • Tini’s Mac and Cheese on TikTok
  • Get a Scriptnotes T-shirt!
  • Check out the Inneresting Newsletter
  • Gift a Scriptnotes Subscription or treat yourself to a premium subscription!
  • Craig Mazin on Threads and Instagram
  • John August on BlueSky, Threads, Instagram, and Mastodon
  • Outro by Nick Moore (send us yours!)
  • Scriptnotes is produced by Drew Marquardt and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode here.

Scriptnotes, Episode 662: 20 Questions (2024 Edition), Transcript

November 20, 2024 Scriptnotes Transcript

The original post for this episode can be found here.

John August: Hey, this is John. Today’s episode has even more swearing than usual. If you’re in a car with your kids, this is a standard warning about that.

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

Craig Mazin: Oh, my God. My name is Craig Mazin.

John: You’re listening to episode 662 of Scriptnotes. It’s a podcast about screenwriting and things that are interesting to screenwriters.

Today on the show, we will strive to answer 20 different listener questions on everything from AI to page count, manager notes to emotional investment.

Craig: Get the cocaine out. We’re going to have to get some cocaine in us, John.

John: I don’t think cocaine will really solve the issues here. The issue is that we have far too many listener questions. Every week, Drew gets a whole bunch of questions from listeners, they pile up in his mailbox. Sometimes we get a chance to answer them on the show. A lot of times we don’t. Drew, how many listener emails do you get on a weekly basis?

Drew Marquardt: I probably get 5 to 10 questions a day.

Craig: Whoa. We got to get more. Do you not even know that we don’t do cocaine? I just said we have to get cocaine in us. That’s not what cocainers say. Also, they don’t call themselves cocainers.

John: No, you’re making it up new words.

Craig: I’m clearly not a cocainer.

John: Yes, not one.

Craig: We got to go crazy here.

John: We got to go crazy. We’ve done this before, but we’ve never, I think, actually done it together. There was an episode back in 2022 where I did one with Megana, where I went through 20 questions, then you did one with Megana and went through 20 questions. Yours went on for like three hours.

Craig: Because we love each other.

John: Aw. We’ll do this together. We’re going to crank through here. Then there are bonus segment for premium members. You and I are going to talk through the new D&D Player’s Handbook. That’s why I have a whole stack of the old Player’s Handbooks here-

Craig: Oh, my goodness. I’m looking at them. Glorious.

John: -to compare and contrast, go back to the origins and updates to this fundamental text.

Craig: Foundational, really.

John: Yes. D&D Player’s goes back all the way to 1978. We’ll look at what’s changed, what not changed.

Craig: Gygax.

John: Just the value of a Player’s Handbook. I think back to how crucial of a document it was.

Craig: Yes, and how complicated and not child-friendly it was. Hard to learn.

John: Oh, for sure.

Craig: It wasn’t really designed by a teacher.

John: Yes, but in some ways, it feels like religious text. They’re not designed to be easy to follow. It’s complicated. You can spend your whole life studying them.

Craig: What we have now, and we’ll talk about this in the bonus segment, is the Bibles that they rewrite in American English, which are really weird because all the magic is gone, all the heavy-laden ye and thou is gone.

John: The esoterica is reduced greatly. They’re much more approachable.

Craig: It says things like, Noah said, “Whoa.”

John: Noah did say, “Whoa.”

Craig: Which is almost all the letters of his name.
John: Let’s get into our questions because we have so many. Drew, start us off.

Drew: Undisclosed semi-finalist writes, I just found out that I’m a semi-finalist for the Austin Film Festival. If I were to attend, do you have any advice on how I can capitalize on this opportunity without annoying the professionals?

John: You say you’re a semi-finalist. You entered into the screenwriting competition for Austin Film Festival, and a bunch of readers read your script and you made up to semi-finalists. Semi-finalist will get you nothing in the real world, but it gives you an excuse to go to Austin Film Festival. Let’s talk about what you might do there. We’re going to be there next week, Craig.

Craig: We are going to be there. I think you’re probably on the right track here, without annoying the professionals. Yes, don’t annoy the professionals. They can’t do anything for you. Even finalists are at risk of annoying the professionals only because, again, we can’t do anything for you. What Austin is for is for you guys to do things for each other. You meet other people, you meet other writers, you have good conversations, you learn about how they’re approaching things, and who knows, you might even find somebody that’s interested in working on something with you.

You might also bump into– When we say professionals, we mean the writers. We can’t do anything for you. There are managers there, there are producers there, those are the people who, in theory, you might chat up at a bar and see if they’re vaguely interested in what you have to do.

John: You are there with a semifinalist script. Hopefully, you are going to be able to talk about that thing. Be ready for the two-sentence description of your script, the one-minute longer description of it. Be ready to talk about other things. Be ready to send your script to somebody who might be curious to read it, like a manager, or a producer, but mostly go to Austin to mingle with people, to go to a bunch of panels. Go to the panels that you’re interested in, and look at it as that opportunity because it’s not going to be the moment that changes everything in your life.

Craig: There’s no opportunity to walk in there, find somebody, go, “I’m a semifinalist,” and they go, “Great. Here’s $1 million.” That’s not what’s happening. By the way, just to be clear for people, because John and I are going to Austin, it’s next week, or if you’re listening to the podcast, this week. Approach us all the time. There’s no problem. We love saying hello. If you want pictures and all that stuff, we love doing that, but we just can’t help you with your career. Not directly. Only indirectly through our words.

John: That’s the goal. Question two.

Drew: An honor to be nominated, writes, I work as a coordinator on a show that recently won an Emmy. I’m very proud of the accomplishment for the showrunners, the team, and any small part my role may have contributed to this win. My wife has been telling people that I won an Emmy. I did not. I am quick to clarify that my show won, not that I personally earned the award.”

I’m sure to list on my résumé that the production was Emmy-winning, and I certainly hope to one day have my name on a statuette. I’m unsure how to navigate the conversations around this. Should I gracefully accept the well wishes and compliments, or should I continue to clarify with the, “Thank you, but not really dance?” I’d love to hear your thoughts on how to handle this, both personally and professionally.

John: Now, we are actually going to throw this to you, Drew, because you have this lived experience.

Craig: Oh, I thought you were going to say, “Because this is your question.” “Your wife keeps telling people.”

John: Unlike me or Craig, you we went through this.

Drew: I’ve gone through this. I worked on a show that won an Emmy. I’ve worked below the line for a long time. When your show you worked on wins an Emmy, you get an honorary certificate that recognizes your contribution to the show, it’s got your name on it, it’s got gold leaf, it’s really nice.

My family also likes to pretend that I won an Emmy, even though I didn’t. My strategy tends to be to just bore people with the details of exactly what I just said.

John: And then maybe they’ll stop saying that forward.

Drew: They just nod and they’re like, “Oh, okay,” and then it honors your loved one’s excitement for you without undermining it, but still.

Craig: In this case, I think it would be fair, Mr. or Mrs. to say to your wife, “Stop it.” That’s the short answer. Tell your wife, “Stop it. It’s embarrassing because I didn’t win.” Now I have to explain it every time I’m never going to be the person that just goes, “That’s right. I won an Emmy.” Anybody that starts probing with questions, if I don’t say any of this, is going to go, “Oh, you’re a tool.” You didn’t win an Emmy, so just tell your wife to cut it out. Tell your wife the show won it. You worked on a show that won an Emmy.

John: In the show notes, we’ll put a link to this photograph of Drew’s certificate here, which is fantastic. The 2015-2016 Primetime Emmy Awards, honor Drew Marquardt operation assistant for contribution to an Emmy-winning program, Outstanding Short Form Animated Program.

Craig: Wait. Everybody on Chernobyl got a certificate? No one even told me. Ah.

John: Ah

Craig: Ah.

John: Ah. I think what’s impressive, Drew, is that you keep this with you all the time. You carry this with you all the time.

Drew: Oh, yeah. It’s in my wallet.

John: Yes, it’s nice.

Craig: So you won an Emmy?

Drew: I won an Emmy.

John: Congratulations, Drew.

Drew: Thank you so much.

John: All right. Questions three and four are related. Let’s start with question three.

Drew: Andrew writes, suppose an artificially intelligent machine, like Data from Star Trek or some other AI emerged in the real world and decided to become a writer. Would it get into the WGA? Does the WGA have a policy regarding what happens if or when a non-human entity such as that becomes real, and should it? At what point should a policy about that exist?

John: Data from Star Trek is a fantastic character. In every way, Data is an independent, conscious-living being, and so therefore, would be, in a world in which data existed, Data could join the WGA. I feel that it’s entirely defensible.

Craig: You’d have to change things though, because currently, as I believe-

John: A writer is a human being.

Craig: -AI– writer is a human being, and any material generated by AI is not considered literary material under the NBA. We would have to say, “Unless you’re awesome.”

John: Indeed.

Craig: Currently, no, is the answer Andrew.

John: Currently, no. So at some point, is it conceivable and likely, probably in our lifetime that there will be beings that we would consider conscious who are not organic? I guess. At that time, we’ll have to adjust everything about society. The tiniest thing we’ll have to address is what we’re doing about the WGA.

Craig: Although I’m not sure that those beings will require things like money, but maybe they will.

John: Maybe they will.

Craig: Currently, Andrew, we do have a policy in place. It is a result of our last contract, which we earned through canny negotiation followed by long strike, followed by some more canny negotiation. At least for now, sorry, Data.

John: A related question from Alexander.

Drew: Alexander writes, there was recently this New Yorker article by Ted Chiang. It brings up this idea of a very intricate and elaborate AI setup, where the human can give it, let’s say, 1,000 inputs to prompt and fine-tune a story idea. At this point, isn’t the human still a writer?”

John: Ted Chiang’s article got a lot of traction. This was a month or two ago. It makes some really good points. It also falls into some traps that I think people need to be aware of.

When you say that generative AI is just auto complete, it’s reductionist in a way that is not helpful. Chiang does that a bit. But on the whole, I thought he mentioned some really good points in his essay about why, and we’ve talked about this recently, last episode we talked about the difficulty of doing what we do, and that it’s 1,000 choices per word, per sentence, per project. The art is the struggle. Without that effort, without that work, you’re not making art in the same way.

Craig: I think what he is describing is an artificially intelligent producer. That’s what producers do just at a much slower level. They’re not going to give a writer a thousand inputs. They’re going to give a writer 10 inputs, and then the writer will write something, and then they will give that writer more input. That’s what producers do or development executives. No, you could do that a billion times. No, the human is not a writer. The human now, well I guess in that case the human would qualify perhaps as a producer.

John: It’s entirely possible. You’re giving us a detailed prompt that it’s elaborating on so clearly on when things are that some story credit would actually be like if you were to divvy up, like had this lit of things, at a certain point, you’re writing enough stuff that it becomes clearly that there is literary material in it.

Craig: You would have to write it down and you would have to catalog all of it. At that point, you should just write the script.

John: You probably should. It’s worth people to read Ted Chang’s article because I think it makes some nice points. There was two of the things I pulled out of here is that, “any writing that deserves your attention as a reader is the result of an effort expended by the person who wrote it,” which feels very true to me, and that, “many novelists have had the experience of being approached by somebody, convinced they have a great idea for a novel in which they are willing to exchange for 50/50 split of the proceeds. Such a person inadvertently reveals that they think the formulating of sentences is a nuisance rather than a fundamental part of storytelling.”

Craig: You and I have gotten this. So many people are just like, “I have this amazing idea. I just need somebody to write it.” You have nothing. You don’t even have property. Go ahead tell me your idea. Now it’s my idea because it doesn’t matter because you can’t own an idea. F off.

John: Yeah. Stuff. The last thing I’ll say about this discussion that Chang brings up and just obviously people are thinking about when it comes to AI, is when AI is ingesting a bunch of material and being trained on that, is that more like a human being reading stuff or is that copying and plagiarizing? It can feel like both. Chang makes the argument that if you just took five pages out of a book and said, “This is what I think about something,” clearly you’re not doing any work.

You’re not actually processing that. When an AI generates stuff that is clearly drawn from things, to what degree is that plagiarism, and to what degree is that what human beings view in terms of processing things? That’s going to be an ongoing debate.

Craig: Yes. How we are influenced other things is the concept of homage, the plagiarism, is something that has been going on long before AI ever showed up.

John: Indeed. Most of Shakespeare’s plays were drawn from earlier material.

Craig: Most religions were drawn from earlier material.

John: Funny that. Question five. This is a bunch– we have a couple of questions about this.

Drew: We had a lot of people write in about the Stereophonic lawsuit. Let’s do Jeremy’s. Jeremy writes, I was interested to read this news story about the lawsuit filed by Fleetwood Mac engineer, Ken Callait, and his co-author, Steven Stiefel, claiming the Broadway play, Stereophonic, is plagiarized from their memoir on making of the Rumors album. Does the transformation between memoir and ripped from the headline style fiction push this into a different category than if the play had been explicitly about Fleetwood Mac rather than a fictional Fleetwoodian band?

John: Now, Craig, I haven’t seen this play yet. I’m excited to see it. People love it.

Craig: This is a very interesting question. It’ll be interesting to see what happens with this lawsuit. Jeremy puts his finger on the weird aspect of this. The closer you get to saying, “Oh, this is actually is a dramatization of these people,” the more protected you are. The problem is when you present something as fictional, there is that big paragraph at the end of the movie that says, “All characters within are fictional, and any resemblance to any real people is coincidental.” Unless it’s not.

Because what you can’t do is, say, take somebody’s memoir, change some names, and then just adapt it because you have essentially circumvented the rules of copyright. They wrote it down. They own that, at least in its expression in fixed form. They don’t own the facts, but they own the expression in fixed form. If you are borrowing enough things, then you’re infringing upon their copyright. That in and of itself is a difficult case to make.

I think all these things are always an uphill battle. But if you were to say, I’m going to make a show called Rumors, and it’s a dramatization of the Fleetwood Mac people, the only thing you got to do is not defame them. Defaming is a different deal. That would just be like, “I’m just going to go write a bit where Stevie Nicks bites the head of a baby.” Yes, you’re getting sued. Otherwise, you’re okay.

John: This is a play written by David Adjmi, who was sued earlier over his play 3C, which was a parody of Threes Company. I just revealed why he was able to do that because it was a parody. He was able to be a parody. This is not going to be protected by parody. The lawsuit, we’ll link to the lawsuit here, is interesting. It’s claiming plagiarism, basically that it’s an unauthorized adaptation of the copyrighted memoir by Ken Callait, entitled Making Rumors: The Inside Story of the Classic Fleetwood Mac Album.

Of course, this is complicated because the actual play is not about Fleetwood Mac. They’re not saying it’s about Fleetwood Mac. It’s very Fleetwood Mac-ian. The details are in the lawsuit saying, if this is information that could have only come from his memoir, to me, feel a little bit tenuous.

Craig: They are, because if they’re facts, you can’t own them. If the lawsuit here is by Ken Callait and Steven, we’re going to call him Stiefel, but I do like the idea of Stiefel [“Shtee-ful”], I’d say. If it’s resting on, “Hey, we put a bunch of facts down of things that actually happened that nobody else knew about, and then you made those facts happen in your show,” they’re facts… Then the question is, so you acknowledge that you’re using these facts, but you’re not using them under the names of these people.

I think that’s going to be tough. I honestly think it’s going to be tough unless there’s something defamatory towards them, or there are things in the book that are said in certain ways, like people’s lines of dialog, for instance. If they say Lindsey Buckingham turned to me and said, x, y, z. Then in the show, some character named Jimmy Blingingham says x, y, z. That’s a problem.

John: This week, I saw the movie Saturday Night, directed by Jason Reitman, screenplay by Reitman and Gil Keenan. I will be curious to learn where the boundaries were of what they could say and not say about people. Whose rights did they control or own or did anything?

Craig: You don’t need them. You just have to not defame people. The history of Saturday Night Live is so extraordinarily well-documented. The Tom Shale’s book is insanely– It’s just all his interviews. It’s first-person interviews. It’s a treasure chest if you’re interested in that stuff. My guess is they were drowning in material that they could just point to.

But I do know from having written something about real people and real events that there is a process you go through that is pretty rigorous to make sure that everything that you assert happened is documented somewhere, especially when you’re talking about the behavior of people. Is it either a reasonable inference or is it within the boundaries of what their behavior was? You want to show John Belushi being a drugged-out lunatic or show Bill Murray as a guy that punches people? Oh, yeah. Yeah, that happened. For sure. You want to show Gilda Radner punching someone? Now, we may have a problem.

John: Also, complicated and simplified by who’s alive and who’s not alive.

Craig: You know what? You’re exactly right because Gilda Radner is dead, and you cannot defame dead people in the United States. Everywhere else, you can. You got to watch out for that.

Drew: Can I ask a quick follow-up? Because I know we’ll get it. Is it the frame of the recording booth that would theoretically be the problem? Because there was also like, Daisy Jones in the Six was a show that was basically about Fleetwood Mac that didn’t seem to have these legal problems. Is it specifically because they’re taking–

John: The lawsuit claims that this is from the engineer’s point of view because we’re looking at the stage from the engineer’s point of view? I think that’s crazy. It’s on stage.

Craig: You don’t own that.

John: You don’t own geography.

Craig: A, you don’t own it. B, who knows? I don’t think it would have behooved Lindsey Buckingham or Stevie Nicks or Mick Fleetwood to sue over Daisy Jones in the Six. I think they would have looked like A-holes, and it only helps them sell records. Who doesn’t get helped when we sell a bunch of records? The engineer, because he doesn’t have royalties.

John: You can imagine a scenario. Like let’s say that you wrote a play that was about the engineer for a Fleetwood Mactite band that used all these unique insights of just that engineer. The engineer was the central character of the whole thing, I think that would be a stronger lawsuit, but that doesn’t seem to be what we’re facing here. Lawsuits. Lawsuits.

Craig: Lawsuits. As always, we beg, even though they won’t listen to us, Deadline, Hollywood Report, or Variety, don’t write about these lawsuits. Write about the results. And the results inevitably are settlement.

John: Settlement or a dismissal.

Craig: Or dismissal, exactly.

Drew: All right. Question number 6. Vance writes, I’ve always heard that script cover pages should have the basics and no drawings, graphics, maps, or cutesy stuff. On the three-page challenge, I’ve heard you not only accept but praise some illustrated artsy cover pages. Is this your personal leniency or is it now more accepted industry-wide?

Craig: “I’ve always heard/read.” I’m going to guess from Reddit, other people who aren’t professional writers, people in your writing group, school professors, websites from freaking script consultants. I don’t know what they’re talking about. Look, I’m not in favor of it. I’m not against it. If it’s cool, it’s cool. If it’s not, it’s not. Yes, the default is title, name, contact information, maybe date. But if there’s something cool that goes on the front, sure, nobody cares. Guess what? They’re going to turn the title page and if page one sucks, I don’t care what was on the title page. If page one is awesome, I don’t care what was on the title page, I really don’t.

John: My first produced script go has a logo for go rather than the word go. Because go is such an incredibly small word. The page just disappears. It was a larger thing.

Craig: John, how did you possibly get a career? You violated what?

John: A fundamental tenant.

Craig: What all the gurus say. Gurus. We’re going to Austin, you know what Austin has a lot of?

Drew: Gurus.

Craig: You got it. Tons of them. You know what? They’re there for?

Drew: Money.

Craig: Yes. Tons of it. Taking it from people who don’t have it.

John: I don’t think they’re there for money. I think they’re there for some cred, for some ego gratification.

Craig: They’re looking for clients. They talk about just a big Savannah full of gazelles and these cheetahs are out there. I don’t know about cheetahs and gazelles. Just slinking around saying, “Hey, you’re this close, you’re this close, you know what you just need to do? Give me $10,000.” That’s why I’m going to walk around Austin, just be like no gurus.

John: We were wearing you cheetah skin jacket.

Craig: Awesome. I got to get one of those.

John: I saw a cheetah take down a gazelle.

Craig: Like in person?

John: In person, yeah on safari.

Craig: Ew.

John: When you’re on safari that’s what you’re there for.

Craig: I just wish the honey badger guy were there to narrate all of it. Cheetah, ew. Look at him. He’s taking down that gazelle. He don’t care.

John: Question seven.

Drew: Kevin writes, “As I work on my next project, I’m debating whether to closely involve the original creator of the source material or maintain some creative distance. In your experience, is it better to collaborate with the creator, or can distance actually benefit the adaptation?”

Craig: I’m living this life right now.

John: I think it really depends on the project and the person. It’s what’s going to make for the best scenario for you as the person who actually has to do the adaptation. Big Fish, I kept Daniel Wallace involved in a loop all the time. I wasn’t asking his opinion on things, but I was making sure that he was up to speed on things.

There was another project, another big book adaptation where shortly after we got it set up, it was clear like, “Oh no, this is going to be a bad situation.” I bailed on it because the creator was going to be way too involved in this is just not going to make happy for anybody.

Craig: I make The Last of Us with Neil Druckmann who created the game and he, I think is probably exceptional in this regard. If you’re going to bet, you’re going to bet that the creator’s going to be a problem. They’re going to be a problem because either they work in a different medium and don’t quite understand the purpose of an adaptation or how adaptation should function sometimes, which requires turning away from the material, changing the material.

Doing things that some people would say like, Oh, you made this part “better.” Never, it’s just about different media. Some creators don’t understand that. They just were like, “Here, just take book, make movie, don’t change nothing.” Some creators want to do your job, they just haven’t been allowed to. That’s the worst one. Where like, “I wanted to write this movie, but they wouldn’t let me because I’ve never written anything or because everyone thinks I’m nuts,” and that’s never going to work.

But there are creators who understand, who are smart and flexible, and who are interested in making something that is a proper adaptation that feels different. One of the things about The Last of Us is because you’re going from a video game to a show, the immediate need for adaptation is just there. It’s not like a book where you read it passively and then you can watch the movie. You are moving people around.

We actually had a discussion yesterday about this image in our show of a building and a sign and how the sign wasn’t really entirely in view. What I remember is in the game, it wasn’t entirely in view either unless you moved your stick on your controller, and then you could see it. I’m like, “I think this is fine to not see the whole thing.”

We don’t need to move it so we can see it. These are the kinds of things that just come up all the time, but in passive to passive, creator could be a problem. Kevin, I would be very careful if you’re debating, if you’re debating, maybe just go with no, do it on your own.

John: Thinking back to my conversation with Daniel Wallace and with this other author, I basically had the same conversation with the two of them saying like, “Listen, I love your book and I’m so excited about it. I’m so excited to get into this, but I want you to understand and to know that a lot of things are necessarily going to change just because they changed the medium and I can’t even know all the things that are going to change so far. Trust me that I’m going to protect your characters, protect the spirit of what you’re trying to do, but it’s going to be a different thing just because it’s different medium.” And their response to that was what told me like, oh one is going to be a good scenario and one is going to be a really bad scenario.

Drew: Question eight. Ian writes, I know your feelings about competitions, but what are your thoughts on writer’s retreats? Is it just vacation under the guise of nurturing creativity or is there value to the process of being with others, devoting time to the process, and focusing on craft? How might your opinions differ for an emerging writer outside of industry context versus someone with ties to the industry?

John: I’ve never been on a writer’s retreat. Craig, have you?

Craig: Of course not.

John: No. I’ve been on Sundance Labs, which is like that, but you’re not actually doing the work at the time there.

Craig: That’s super focused too and selective. No, I’ve never done it. I actually don’t know any of my writer friends who work the way we do who have done it.

John: I have novelist friends who’ve done it.

Craig: Yeah maybe they need to just go somewhere to get away from the noise and stuff to write their novel because there’s so much writing for a novel. No, I feel like there’s another way to take money from people.

John: I would tell Ian that if you are curious about it, the opportunity cost isn’t so much. As long as the actual cost is not going to be–

Craig: The money cost–

John: The money cost could be, but if it’s a–

Craig: What do you think these things cost?

John: I don’t know. If it’s a one week, a two-week scenario and you want to do it and you have the resources to do it, and you think it might work for you, it’s worth experimenting because every writer’s different and maybe this is a thing that will be truly helpful for you.

Craig: Here’s one on the Tuscan countryside. That’s just a, can we curse on this one?

John: Sure if you want to.

Craig: That’s a fucking vacation. I’m sorry. That’s just a vacation that costs money. They won’t tell you how much it costs. Oh, they do. Here they do. This one costs $3,500 to $4,500 just for the workshops.

John: That’s a difference too.

Craig: Some people know John and I will occasionally get invitations from these places where they would fly us out and even pay us some stipend or something to be the person that does the work. We go to Austin. Austin doesn’t pay us a goddamn thing. We fly ourselves there and we talk for free and then we go home and just like we do this podcast for free.

We’re not saints or anything, it’s just these things are businesses. Writers’ retreats to me are unless the– I don’t know, the nunnery is doing it. It just feels like another way for you to feel like you’re making progress or getting closer to the dream, you just have to pay some money to do it. Nobody that I know who has succeeded in this came out of a writer’s retreat or talks about a writer’s retreat. Screenwriting is free.

John: There’s a version of a retreat, which is more like what novelist friends have done where they recruit you and to do it. Then it’s not like there’s a classes or anything like that. Basically, you are free all day to write and to work and then you have your dinner together and then a conversation with the other writers who are up there. That feels like that could be really productive for certain people. I don’t see that happening a lot with screenwriters, but it doesn’t mean it couldn’t happen.

Craig: Also, you don’t have to go anywhere to do that. Do you mean there are screenwriting groups that are free, all around LA and they’re being spitting, you’ll hit one and you want to go out to dinner with those people and chitchat. Great. If you want to write all day, get on your laptop. As John Gatins says, start clicking. Start those keys clicking.

Drew: Question nine. Anna writes, in your episode with Francesca Sloane, she said that she wrote short scripts to send in as samples for both Atlanta and Fargo. Atlanta itself has shorter episodes, but Fargo episodes run 45 to 60 minutes. Is it a good idea to send shorter samples to demonstrate tone and skill in a more digestible way for the people reading loads of other scripts? Or do people typically prefer reading a script the same length as their actual show so they can be sure you’re capable of properly structuring a 45 to 60-minute script?

John: Francesca Sloane came on to talk about Mr. and Mrs. Smith, a show that had a great very specific tone. I think it’s good to have a shorter sample you could also send, but I think a lot of showrunners will want to see something that is about the length of what their show is, just so they get a sense that you can structure that larger thing.

A lot of times when I talk to folks who are staffing on shows that showrunner is really going for do they have a voice? Do they have a personality on the page? That’s more interesting. They’re not reading the whole thing. They’re basically reading the first 20 pages, like, this person feels like I want to meet them.

Craig: I don’t think there would be any benefit to writing half of an hour-long episode.

John: Oh, no.

Craig: Yes, I do think you want to deliver something that is the length to show that you have the ability to run the full length of the race. If you are reading something that’s really well structured and has great payoff at the ending and somebody understands how to pace and create rhythm and meter across those pages and make the dramatic circle and make the end feel like it was surprising, but yet inevitable, all those wonderful things we’re looking for, that’s also incredibly valuable to see.

If you have somebody that’s just writing some glittering dialogue but can’t seem to make a plot or land the ship, you go, “I might want this person for some glittering dialogue if you’re running that kind of room, but now I know who they are.” I got to be honest, there are a lot of glittering dialogue people out there. There are very few people that you can reliably get a well-structured episode from. So few that it’s upsetting.

John: What might be a choice here is like, let’s say you have the full-length episode that shows what, how good you are at structuring and telling a story over the course of 60 minutes, 60 pages, but then you have a one act play that just like can show a versatility in a different voice and a very specific thing that you can do that no one else can do, that may be a good backup thing for you to have as well.

Craig: Yeah. The more breath you can show, the more versatility the better. You, at least, want to be able to show the fundamental thing that would be required there. Don’t worry about people having some ADD and seeing a 60-page script and going, “Oh, my God.” They write 60 pages all the time.

John: As we’ve established on the show when we talk to showrunners, it’s like they will throw your script across the room after three pages if they don’t like it.

Craig: Correct. If they do like it, they’ll keep going and they may even just flip to the end. Then they might read the first 10 and the last 10. If those are great, who cares? The middle is the middle, we’ll figure it.

John: Ultimately, they’re going to want to meet with you.

Craig: Exactly. Believe me, if you read something good, then yes, you gasp.

John: Question 10.

Drew: Andy writes, I’m pulling into the final stretch of completing a screenplay, which has taken me years to write. It’s an adaptation of some private journals that were written in the mid-1700s. The author died in 1795. Naturally, I assume that the material was in the public domain. Right? Wrong. I just discovered that the owner of the manuscripts, a major university, who published them in the mid-20th century holds the copyright to them until 2045 due to a quirk in the 1976 copyright law. I’m a beginning screenwriter and I would like to submit it to a few quality contests and some managers, but I don’t want to act in bad faith. What can I do in this situation?”

John: There are two very different questions I see embedded in here. First is that like, this is a crazy scenario where something written in 1700s is somehow still under copyright. I don’t believe it, but that’s a whole separate legal question. The second is, do I need to worry about this as a person who’s showing the script around to managers and other people who can get me representation? The second one is much easier to say, show it. Listen, if there are problems down the road in actually producing it, fine. You can show anything to a manager. You can get hired off of anything so that’s not a concern.

Craig: I’m also suspicious of this. Unless this was a translation and they have the copyright to the translation or they just have the copyright to their published thing with the forward, what happens is sometimes they’ll stick a forward on. That makes it something now you can copyright that. But if there are private journals and you’re literally going back to the private journals from the mid-1700s, I’m sorry, it doesn’t matter who owns published, whatever. There is no quirk in copyright that covers that. That said, fine, talk to a lawyer, but you don’t have to worry about that. Like John said, just submit.

Do you think the university’s going to start going, “No”? They can’t because you haven’t even exploited it yet. You’re just showing people something. It doesn’t matter. Then if a company wants to buy it, believe me, they’re going to tell their lawyers, “Go over to that university and either slap them around or give them 10 grand,” and that’s that.

John: If you as a writer want to write a romcom starring Superman and Spiderman, you can do that. Absolutely fine. You don’t control any of that stuff. You can never make that movie. If it’s great and funny and people love it, it can get you hired for other things.

Craig: You’re just not allowed to make a dime off of it until you get permission from the copyright holders.

John: When we say make a dime off, it doesn’t mean that you can’t get hired to do other stuff, that material cannot be produced.

Craig: Correct. Without their permission.

John: Question 11.

Drew: Jason writes, I’m introducing a character we initially only see from the waist down, but they have a brief dialogue with another character. Since the character’s face is off-screen, is OS still appropriate or should I clarify in an action line we only see the character from the waist down? Currently, I’m using both OS and the action clarification. Overkill?”

Craig: Overkill. It’s OS, really means not there. Not VoiceOver somewhere in the space.

John: You also see off-camera.

Craig: Off camera, OC, OS, same thing. Now in this case you would say we only see them from the waist down. That’s fine. If you feel like people are going to forget, you could write their name. If their name is Henry, Henry, waist down in parentheses next to their name. I think just OS or OC would not–

John: I would actually do the OS.

Craig: Really?

John: I would have this description that we only see them for the waist down and just because as people are reading through things quickly, sometimes they’re not reading all the action lines. That OS or OC just tells something like, “Oh, there’s something going on here. Maybe I should look back to see what’s happening.”

Craig: The problem is it gets really annoying. That’s why I’m thinking just, make a custom waist down, maybe just over and over and over. Even that is going to get annoying.

John: That’s going to get annoying too.

Craig: I think you just bold it. Put it on its own line, bold it, make it a bigger font if you want, underline it. You could even do something like halfway through the scene, just write “I just want to remind you, we’re only seeing him from the waist down.”

John: Really what Craig and I are describing here is that you’re going to feel that something that’s right in the context of the page and the context of the scene. If it’s one line of dialogue versus if it’s a whole exchange, it’s going to feel different.

Craig: Just don’t worry so much Jason about like, “Oh, is there like something that’s correct?” That’s a very not in our business way of thinking. We get it all the time. It’s not your fault. It’s this pedantic thing that comes out of Reddit forms and schools and writers’ groups. You really can, just every four lines of dialogue, remember waist down only. He’s still waist down. Can’t see his face.

John: In all these cases, it’s not that there’s right or there’s wrong. It’s what’s going to feel good in this moment?

Craig: What’s effective? What do you want people to feel and if you’re nervous that they’re going to forget something, remind them. You don’t have to remind them with this special way that people are going to go, “Technically, blah blah.” That’s not how it works.

John: No. Question 12.

Drew: Leo writes, I’ve always been able to write a screenplay, go through drafts, editing, feedback, and amends without a second thought, moving on to the next project and never looking back. However, I’ve heard and seen so many people unable to relinquish control and I’m starting to feel like maybe I’m not as attached or emotionally involved as I should be. I treat every script like a rep, like you would at the gym. But I’m starting to think that maybe I should be challenging myself to be more emotionally invested with the scripts. Any advice?”

Craig: Leo, let’s start with one possibility. You might be neurodiverse. Be somebody that just doesn’t feel things the way other people feel. That doesn’t mean you aren’t feeling things. It’s tempting sometimes to look around and go, “Uh-oh, everyone is crying. I’m not crying. Something’s wrong with me.” No. Maybe just you don’t find this as sad.

I do know quite a few people that are very successful who have nowhere near the level of angst that I do, who write with a freedom and less concern. Even the way you and I write, you’ll do the vomit draft, which feels like it would be less emotionally disturbing.

John: I’ll correct that because I think I’m misunderstanding. You think I do a vomit draft and I don’t.

Craig: Oh.

John: I write out of sequence, but no, I don’t vomit.

Craig: Oh, you don’t do a vomit draft?

John: No. I know folks who do the vomit drafts.

Craig: Then somebody does a vomit draft. The whole point of that is they just write. No worries. Let’s just go get something down on the page, and then I’m going to rewrite. That’s where all the– I’m an angst writer, every line, every day when I start, I go back over the day before stuff and I redo that. Everybody has their own– Scott Frank makes me look like I have no emotions.

Everybody writes per them. This is part of what makes you you, Leo. I wouldn’t worry so much about the way other people are experiencing this, but I would listen if you say, “Hey, I should be challenging myself more emotionally.” Also, maybe your scripts aren’t emotional. Maybe they’re just what they are. Maybe they could be a little emotional or maybe this or that, but they don’t have to be super sentimental. There are a lot of people that write that sort of thing. I think you should just be you.

John: I read this as– I don’t think he’s so concerned about what is the emotional content within the scene. It’s basically what does he feel about the work that he has done and how much of himself is wrapped up into these things. How much is his self-identity is wrapped up into this individual project?

There have been projects where I have felt that a lot. I would say going over the course of my career, one of the things I’m happy about is that when a project is just dead, it’s like, “Oh, okay, I’m done.” I am able to just divorce myself and I don’t think about that anymore. That’s a useful skill.

Craig: It is. I think the big lesson here, Leo, is you are as emotionally invested as you are. If you had to choose between getting super overwrought and caught up, or being the way you are describing yourself, I’d go with the way you were describing yourself. You have a better chance of writing more, learning more. As they say, the first few scripts probably are going to be that good anyway. This keeps you writing. Nothing wrong with that.

John: Agreed. Question 13.

Drew: Zach writes, I’m 28 and I’ve been a creative producer for five years on short films in Wisconsin and Minnesota. We want to move into features. However, my BA in theater means that I don’t have much experience with the other fields an industry producer deals with, raising money at the feature level, knowing how to schmooze and making creative producing a job that pays so I can focus on my craft.

To learn those skills and still keep making films with my midwest based team, would it be best for me to move to a larger creative market to try to get a job and learn from the ground up? Should I go to undergrad or grad school for producing or creative producing? Or do I just keep flying by the seat of my pants with my team and try to do it like Mike Cheslik and Ryland Tews who made two indie features in six years with Lake Michigan Monster and Hundreds of Beavers?

John: I did not know either of those movies, so I looked them up and they do look–

Craig: Hundreds of Beavers, I didn’t see it, but the trailer was awesome.

John: It’s great that you have a model for something what you want to do. It sounds like that’s what you want to do, is you want to be making their kind of stuff. For that, maybe you don’t need to get a lot more experience. You just need to grow up your ability to make a short film into bigger things and bigger things because those are very specific niche kind of things.

If you do want to really learn how producing producing works, it wouldn’t be the worst thing for you to apply to a program that does that and get you some experience with folks who are producing bigger stuff. Something like the Stark program would be great, but it could also be overkill if your real goal is to move back to the Midwest and just make midwestern films.

Craig: I think, Zach, this feels like you might want to come on out here. In looking what they’ve done, create a producer for five years on short films in Wisconsin, Minnesota. First of all, half the writers I know in Los Angeles are from Wisconsin and Minnesota. I don’t know what it is about that place, that part of the world, but very creative, very good writers come from there.

The thing is short films, as we’ve said many times already, a little bit of a dead-end street. Short films in the Midwest, a shorter dead-end street. It’s a bit cul-de-sac. I think you might want to come to Los Angeles. You’re 28, which is still young, but not young. It’s a little late to start taking on massive debt to go to a graduate school. That may or may not be the way to go. If you had a choice between spending the– what does Stark cost, $100,000 a year or something? You can spend $100,000 a year plus living expenses and all the rest of it, or get a job that pays you $40,000 a year if you can. That’s a low-rung thing where you’re going to get demoted for a while from what you were doing to what you’d be out here, but you start working somewhere where things are getting made and things are happening and you start climbing a ladder. That is not a dead-end street.

John: I think what we’re talking about is either you go to film school to learn creative producing in a structured program, or you find a place that you work for a producer who’s doing the job that you want to do.

Craig: You get paid to learn.

John: Yes, you get paid to learn.

Craig: You pay to learn or you get paid to learn. I pick the latter.

John: Actually, a good first step for you might be go to some of these film festivals that are showing the kind of movies that you like to do and see if you can get an internship or a job working for one of those producers and really learn from them about the nuts and bolts of it. Because honestly, making the things like Lake Michigan Monster or Hundreds of Beavers is a very specific skill set. Figuring out how they do it is going to be the way to do it.

Craig: What the future holds for that is tricky. They’re great indie bands, but it’s a tough future. You get down the road and you start to go, “Oh my God, I love that band. What’s going on?” They’re still out there touring and it’s– Honestly, Zach, if you could be an assistant to somebody doing the job that you’re doing, it sounds crazy. Like, “I’m going to be the assistant to the person who does the thing I do?” Except that out here on this level, at this scale, the people who do what you do are not doing what you do. They’re doing something else and you do need to learn and you do need to be exposed to it. The whole point of being an assistant out here is not to be a typist in the steno pool. It’s a ladder.

John: The point about raising money, I think it’s crucial because it’s a very specific skill and it really depends on the kinds of movies you’re trying to make. If your goal is to make indie horror films, that’s a very specific pile of cash that is used to do those. It’s a very specific business model. If it is these more esoteric straight Indies, then something more like a Sundance or a Slamdance kind of vibe maybe where you need to focus your attention. Be honest about what appeals to you. I think you are, looking through your description there, it feels like they know what they want to do. Question 14.

Craig: 14.

Drew: Rachel writes, I’ve spent the past year and a half writing and developing my first feature, which I also plan to direct. When my manager walked me through her latest round of notes, I had a gut feeling that she hadn’t actually read the script. Her notes were vague and abstract and it felt like I was the English teacher and she was the student who only read the spark notes and tried to BS her way through.

Craig: ChatGPT. She ChatGPTed the notes.

I’m starting to question why she isn’t more invested in a project she wanted me to write in the first place.

What do I do now? Do I make the changes just to keep her happy so she’ll finally send it out or do I hold my ground and risk stalling everything? This is the third feature we’ve developed together. I’ve put my soul into these projects and I don’t think I can handle another one falling apart. I’m honestly at the point where I might quit if this one doesn’t work out.

I’m too old to keep doing the same song and dance expecting a different result. I feel trapped in this endless feedback loop waiting for months for each round of notes and even got the suggestion to shoot something on an iPhone in the meantime while she catches up. How do I move forward without compromising my vision for someone who isn’t fully engaged? Is it too late to reconsider my rep situation?”

John: Craig, you have the advice here. What’s the advice?

Craig: Fire your manager.

John: Sometimes it’s just that easy.

Craig: It’s just that simple. That was a whole lot of reasons to fire your manager. Followed by the question, “Should I fire my manager?” Yes. It seems like, Rachel, your manager has ticked all the boxes of being fire-worthy. Probably not actually writing the notes, I honestly do. The way she described does feel like she just said, “Hey, ChatGPT, read the script and do some bad notes.” She takes months to respond. What is she doing in between there? She won’t send things out. Send it out. Just do it. If she doesn’t want to send things out, it’s because she has nobody to send them to.

Shoot something on an iPhone while she catches up? What is she catching up with? Legitimately, this just feels like a damaged fraud. Is it too late to reconsider my rep situation? Rachel, it is too late to reconsider your rep situation if you have stage four cancer. Otherwise, no. It’s not too late. In fact, it’s still not too late if you have stage four cancer. Fire them in the last breath that you have.

John: Honestly, I think if you have stage four cancer, your odds of recovering from the cancer are higher than that this manager is suddenly stepping up and doing a great job.

Craig: That’s right. It’s a miracle. She’s sent my script? No. Your bone cancer is retreated. You’re going to live another year. Rachel, for the love of God, I don’t care, I believe you mentioned that, “I’m too old for this. I’m too old to keep doing the same song and dance.” Correct. I don’t know how old you are, Rachel. If you’re 22, you’re too old for this. If you’re 82, you’re too old for this. Fire your manager.

Drew: Question 15. Enrico writes, First of all, I’m Italian, and second of all, I’m poor. I’ve also wrote a screenplay. I really like it.

Craig: Third of all.

Drew: One small company bought the option for my screenplay, so someone else likes it. The Italian market is a huge mess so I want to try different options. Is there a path for a foreign screenplay in the American market?”

John: I don’t know. This is where I think we need to throw to our listeners who might actually have some better insight here because we have a lot of international listeners. If you are an international listener or someone who works with international writers and can offer some advice to Enrico about, if you were an Italian screenwriter who’s written something, presumably in English, we don’t know, and how you get that script read by English-speaking audiences or British producers or American producers, because I just don’t really know.

Craig: Did Enrico write this question in Italian and we translated it?

Drew: No, it came in English.

Craig: All right. Enrico, first of all, just based on this, either your English is good or your translation program is good.

John: Craig, I cleaned it up.

Craig: You cleaned it?

John: Yes.

Craig: Oh, okay. Look, that’s actually good to know. We can leave that in. Enrico’s English is not superb. With that in mind, is there a market? Kind of I’ve seen it. I have gotten things that are from somewhat established filmmakers overseas who are trying to break into American television. You can tell from the script that English is not their first language, but you’re doing the math of, I can look past that actually, to, “What’s the story? What are the characters? Is this fascinating?”

Obviously, they’re going to need a partner who does speak English, who can help that aspect of it. Yes, there is. There’s that beautiful show about the young Italian girls growing up on HBO. There are absolutely avenues for foreign work. Netflix is incredibly global. The Italian market is a huge mess. There’s no question about that, Enrico. The Italian entertainment industry is a bit like Italian politics. Mamma mia. It’s a mess. It really is.

John: I was just in Italy for their film and TV conference.

Craig: Did you note that it was a mess?

John: I noticed it was a challenging time for the industry.

Craig: It’s chaos, but it’s not impossible, Enrico. I think part of it may be finding representation who understands, “Hey, I’m not here just for the Italian market. How do we expand?” You may want to start a little closer to home, for instance, the UK, and work your way to do this. It’s easier to work from UK to US than from say, Italy to the US.

John: There’s this conference over this summer was all about international collaborations between the Italian market and other European markets which makes a lot of sense.

Craig: Now the UK has unfortunately withdrawn from Europe, but.

John: But they still do a lot of things with–

Craig: Of course.

John: They are there.

Craig: Like I said, it’s closer and they’re more likely to look to that market than the US is.

John: For sure. Question 16.

Drew: Tim writes, “I signed with a reputable management company in Los Angeles. We’ve been working closely together.”

Craig: Fire them.

Drew: I completed a screenplay that, after quite a lot of time refining it, we’re now at a stage where a director is attached, as well as producers, who have financial backing for offers to talent. It feels like a lot of cool stuff is happening and I’m very thankful for that. It just feels like this is trotting along forever. I’m afraid of years passing by because of the slow-moving pace of it all with no meaningful progress being made.

My question is, what else should I be doing? Is there more I could ask for my management to expedite the process or ensure my new script gets attention? Should I be asking for meetings with people around town, to show both scripts to studios in an attempt to get writing assignments? I’ve already started on my next script and have a slate of another 10 I want to develop further to see if they have legs, so the actual writing is being done on my part. I just want to rally the troops and make sure I’m not missing anything, but also not come across ignorant or too pressing.

John: Great. It sounds like your management company is doing something well, which is basically they’ve got this thing out, they’re sort of trying to get stuff in, but your concern that this is going to take forever is justified because everything just takes forever here, because it does. During the summer, they’ll say, “Oh, we’ll come back to this in the fall,” and the minute Labor Day happens, like, “Let’s get back to it after the New Year.” That’s just sort of how this town tends to work.

Craig: Until suddenly, within 24 hours, everything must get done. It is so slow and then so fast. Head whipping, really. I think the key word here is feel.

John: Feels.

Craig: He said it feels like this.

John: Your management company, in this meantime, should absolutely be sending you out on a zillion meetings. It’s good that you’re starting your next project. it’s good to have 10 things. Be ready to talk about those 10 things. Describe to your management company, “These are the projects I’m most excited about going out and pitching with people. Let’s find who these people are.” You need to manage your managers and by managing your manager, let’s say ask them, “What’s happening here? What can we be doing right now for me this week, next week? Let’s make a plan for this.”

Craig: It’s okay to say, hey, can we go get drinks to just do a little planning for 2025? In that meeting, say, “This is how I am. Here’s just me as a person. I need this and this and this. It doesn’t matter if it reflects reality or not. I just need to feel busy and to feel like stuff’s going on. You may want to over-schedule me. You may want to send me to more places.” Or, “Hey guys, tell me honestly, am I bad in the room? If I’m bad in the room and that’s why you’re not sending me out there, would be great to know. Then there are other things that maybe I can do.” Sometimes we just don’t know why things aren’t happening and we presume it’s because of other problems and maybe people are saving us from ourselves. I don’t know.

So Tim, I love your antsy-ness and I also appreciate that you understand it might just be annoying antsy-ness. Sometimes rather than saying, “Why aren’t we doing things? Shouldn’t we be doing this? Shouldn’t we be doing this?” Just say, “Here’s how my brain works. Here’s how I am, so therefore, what can we do?”

John: Something I did with my reps this year is whenever I’m sitting down with them, I have a one-pager that talks through like, “Here are all the projects. Here are where things are at and here are what my priorities are.” I can just be really clear like, “This is my number one priority. If this thing happens, everything else goes away. Here are the other open loops here.” So we can all sort of be on the same page about what it is we are trying to do, which is useful.

Craig: It would be nice if they did that.

John: I make the one-pager, which is fine.

Craig: It’s fine.

John: It’s fine.

Craig: They are who they are. They all are.

John: Question 17.

Drew: Jenny writes, “I’m a mid-level TV writer who sometimes hangs out and tries to answer questions for aspiring writers in a giant Facebook group. Whenever I post some well-known film or TV writer script, aspiring writers are convinced that the formatting is wrong. There are a thousand things that they’ve been told are verboten by so-called screenwriting gurus.”

John: Screenwriting what now?

Drew: Gurus.

John: What?

Drew: Gurus. When I point out that, no, it’s not at all against the rules or even unusual for a screenwriter to say, all caps, “A SOUND CUE” in a script, the pushback is always along two lines. A, “Well, he’s a well-known writer so he can get away with it,” or B, “Well, that’s a shooting script, not a spec script. You can’t do that in a spec script.” It creates this perfectly shitty feedback loop where they convince themselves not to learn from some of the best writing in Hollywood. I’ve given up trying to help them. Maybe you can set them straight.

Craig: John, should we–

John: I think we’ve done this for 650 episodes.

Craig: I think we’re in our second decade of saying this and you know what, Jenny? I’m going to give you some advice. Get out of the Facebook group. They’re beyond help. That’s the deal. If that group is convinced that they can’t do something, get out. If they are going to give– By the way, I just want you to know, Jenny, it’s not just you. I get this.

John: All the time.

Craig: All the time. I did an ask me anything on Reddit years ago. People do this and then I’m like, “No, just do whatever you want.” They’re like, “Well, you can get away with it.” Apparently always, from the beginning, somehow weirdly, I got away with it. “Oh, that’s a shooting script, not a spec script.” Nobody knows the difference and nobody cares. This is the problem. It’s just a barrel of crabs all pulling each other down.

A lot of people are in these groups to experience faux authority, like they know. Makes them feel better, because what they don’t have is actual authority backed up by, you know, having a career at this like you do, Jenny. So you know what? Get out. Get out and just let them sit there convincing each other that “we see” is toxic poison for a script.

John: I think your advice for her to get out is 100% accurate. I would also say that there’s this blurry line between what is common practice versus what are the rules. Understanding what common practice is like what most people are doing on the page is really useful. You get that by reading a bunch of scripts. No one wrote the rules. There are no rules.

Craig: There are no rules. There are no rules. We have said this so many, so many, so many, so many times.

John: It’s the third chapter of the Scriptnotes book, the rules.

Craig: There you go. There are no rules. It doesn’t matter how many times you say, “Hey, guess what? If something’s really good, no one cares.” They don’t believe you. They do not believe you. They think it’s either a trap or it triggers their sense of insufficiency to such an extent that they need to defend. I can’t explain to somebody why they should or shouldn’t feel sufficient. I don’t know. I do know statistically, whoever it is, they’re insufficient. That’s just facts. Same way it is for professional sports or acting or anything. Just going by the statistics. If you make it, you are an anomaly. Jenny, God bless you. Don’t go there.

John: No. Question 18.

Drew: Joe writes, “I’m writing this in one of the short windows of time that our newborn daughter allows in between feedings, diapers, and sleeping. Do you know of any reliable dictation to transcription apps for the iPhone to help a new dad get some creative thoughts down? Using the iPhone Notes app, I tried dictation but find that transcription stops after a few sentences. Outside of using the voice memo app and then transcribing later on, do you know of a reliable app that can do transcription to a better degree than the iPhone’s internal features? I’ve read about a couple that lean heavily on AI, which only brings me ethical concerns, but might be the only current solutions?”

John: I use dictation software on the iPhone for journaling, so in day one, so rather than typing stuff in day one about what’s happening, I’ll just dictate to it, because I don’t really care if it’s not exactly right. I’m getting it out and getting it down. It’s been my most of my experience with dictation software. A couple of things to think about. Any transcription software is AI, so just get over your worry about it. That’s just going to happen. I think voice memos on the iPhone now actually does transcriptions a lot better and runs longer. I think it automatically transcribes stuff.

Craig: With the new Apple intelligence?

John: Yes, I don’t think it’s– I think even pre the Apple intelligence can do that. Use whatever works for you. Just go for it.

Craig: This isn’t an area where AI actually feels great because it’s not trying to invent anything, pretending it’s doing something new. It’s just using all of its bits and bobs to move your voice into words. It’s just giving you what you do, not adding or subtracting. It’s not editing you as it goes along. Google it?

John: Google it. Open AI makes a product called Whisper that’s actually very good at transcriptions for stuff.

Craig: There’s an answer.

John: There’s a way. I’ve seen elaborate things where people will sort of take a voice memo and then they’ll create a shortcut that then sends it through to Whisper and sends back a really good transcript.

That’s directly possible. Every week there’s going to be new stuff that does this. I would say just look for the simple solution that gets the stuff done that you need to get done. Joe, if you’re trying to dictate a whole script, that’s going to be challenging. That’s going to be tough. If you’re just dictating notes to yourself, great. Go for it.

Craig: I will say also, like Joe says, creative thoughts. I have found if I’m on a walk or I’m somewhere and I don’t have my keyboard with me and I have– an exchange emerges in my head, I’ll just record it as a voice note. Then listening back is quite simple and often jogs your memory better than seeing it in a format in which it did not exist, nor did you type. Maybe just a voice note.

John: Question 19.

Drew: Gary writes, “I’ve just rewritten a script from scratch on a project that was not very good and wasn’t working in its last incarnation. None of the previous material was WGA. At the end of it all, I’m getting written-by credit, but the producer wants the story-by credit for themselves, for Byzantine reasons. I told them that I wrote the treatment for this version, so I’d share the credit. They insist that they’ve written a treatment in the past. I haven’t seen it. That the previous draft was based on, and all of the basic broad strokes in my script were their idea, and this isn’t WGA anyway. I didn’t put up a big fight as my hope is this won’t wend through the indie route and it will become a WGA script and I can let the guild drop the hammer then, but is this at all common?

I couldn’t recall seeing a story-by credit that didn’t include the written-by author in it. I figured it would have to be a super specific scenario where a lot more detail than just the broad strokes were included in the treatment, like a scene-by-scene breakdown.”

John: A lot of misassumptions there.

Craig: So much confusion. First of all, Gary, it’s extraordinarily common. In the WGA you will see screenplays where it says “story by A, screenplay by B”. It happens all the time.

John: Specifically, you wouldn’t see that- you’re not going to ever see “story by A, screenplay by A” because–

Craig: That would be written by– unless we screenplay by A and B. In the case of original screenplays, the story-by credit is irreducible. If somebody sells a spec and then somebody else comes in and rewrites it and does a lot of screenplay work, but doesn’t really change the basic essence of the plot, basic characters, et cetera-

John: They’re going to get story credit.

Craig: -then it’ll be story by A and screenplay by B. Now, in this situation, none of this is WGA. Here’s the bad news. You’re asking all these questions and the answer is, anything can happen.

John: Totally.

Craig: Obviously this producer’s a jerk. That’s clear. Like, “Oh, did you write a treatment? Where is it? No, you didn’t.” Now you’re hoping that this might end up WGA. I have bad news for you. If it does, you’re not getting WGA credit because you didn’t write this under a WGA deal. WGA credit is going to go to whoever else rewrites it under the WGA deal. Now if that’s you, good news, everything that came before would be source material credit along the lines of– based on a screenplay-by, but the real then residual-able WGA credit would be to you. At that point, the producer’s completely screwed because he didn’t write anything under a WGA contract. But currently? Wild West, buddy.

John: We’ll say that independent of where this ultimately goes, what names appear on the screenplay do kind of matter. If it says story by producer, screenplay by you, it’s going to be assumed that that is an accurate reflection of what really happened here. Maybe just don’t worry about it.

Craig: It’s not WGA. At this point, Gary, they could just say written by anyone. You have no protection whatsoever. It’s almost like maybe you shouldn’t be writing stuff for non-union companies, because guess what? This is what they do.

John: This is happens all the time.

Craig: Now I understand you need money, someone’s paying you something, but you got to know when you walk into a lawless saloon, you’re going to get shot. Like, sorry. You took the money from an entity that has every ability. If they wanted to be union, put up the money, show that they have the ability to do it. Follow the rules. They said no and now you’re like, “What’s happening?” You’re in the wrong saloon.

John: For sure. We’ve done it. Question 20.

Craig: Woo.

Drew: Casey writes, “For the past two years I’ve been writing a screenplay for a TV series. I have a pretty unique situation in that I’m quite enjoying the writing, but I don’t really want to be a full-time writer. I have no writing experience. I’m a middle-aged guy, married with two young kids and a career that I’m proud of. The only reason I’m able to write what I’m writing is because the story is about an area in which I have immediate knowledge, I’m living it, and I’m passionate about the subject.

My goal is to write this one story, pass it off to someone who can get the show made, and then return to my current job. It’s not about the money for me. My dream is just that the show would get made, although I do recognize that any show getting made is a long shot. If it takes 25 years, so be it. I was wondering if you had any advice for initial steps. I’m aware that agents and managers may not be excited about representing a one trick pony.”

John: All right. Let’s think about Casey’s goals here and why he’s approaching this project. He wants a series about the thing he does to exist in the world, and so he’s chosen to go off and write a thing, which is great. You are free as a writer to write anything you want to do. God bless. You’re hopefully enjoying the screenplay format, but you say you don’t ever want to write anything else. Then you’re not really a screenwriter. You’re a person who created this one thing, which is, hopefully a template for a series.

I think the best case scenario for what you’re able to do here is, you get something that’s really pretty good, and then you’re able to find a writer showrunner and show them this, and be honest and say, “I want someone else to make this series. I don’t want to make this series at all.” Will a reputable showrunner actually really want to do that? Unlikely, but it’s not impossible. In a weird way, the screenplay you’re writing, the script you’re writing is less important than if you’d written this as a book about what it’s really like to be a forensic pathologist. It’s almost a source material rather than a real script. Craig, what’s your feeling on this?

Craig: You’re not a writer, Casey. You’re telling us you’re writing. When you say, “I don’t really want to be a full-time writer,” what that means is, I don’t want to write. I don’t want to be a writer. Unfortunately, what you are doing is providing other people with a kit, a model kit, and saying, “Here, build something out of this. Once it’s a thing, then I get to see it.” You say, “If it takes 25 years, so be it.” It may take a million years, meaning just the thought that, “Oh, obviously, it’ll happen sometime between now and 25 years from now.” It’s not going to happen. It’s not anything that anybody will be interested in because it’s just a script from somebody that now is a burden upon the person who actually does have to write the show, that now they have to share created-by credit with somebody who literally wrote 60 pages once.

I would strongly recommend, Casey, that instead of putting this in a screenplay format for a TV show– I guess, it sounds like you’re writing a pilot. If you’ve been writing it for two years, I’m also concerned. Write the novel. Write the novel, because that is its own thing, separate and apart. Then people love adapting novels to TV shows, and then it’s fine. Michael Crichton and all that. Writing a script when you’re not a writer and you’re not going to be a writer, it’s like, “You know what? I really like blowing babies up in people. I got a great idea for a baby. I don’t want to be a dad, but I got a great idea for a baby.” Seeing as how you have two young kids, you know what I mean, Casey. It ain’t about conceiving a child, it’s about raising it. That’s what we do as writers, it’s the raising babies.

John: Raising babies. Craig, we did it. We made it through 20 questions.

Craig: Let’s do 20 more.

John: Instead let’s do one cool things.

Craig: Fair.

John: My one cool thing is Rachel Bloom’s Death, Let Me Do My Special. It’s her new special on Netflix. This has been a long time coming, so if you watch it, I don’t want to give too many spoilers for it. Essentially in 2019, she started to come together with a comedy special and had a plan for what this was going to be. The pandemic happened. She had a baby, her longtime collaborator died of COVID. The whole idea of how do I do a comedy special became fraught. She spent years developing this thing. I’ve seen many incarnations of it.

I saw it at Dynasty Typewriter where we do our live shows, I saw it at Largo, and now I got to see the filmed version. It’s terrific. She’s so smart. Her songs are, of course, phenomenal. It does some really interesting things with a form of what a comedy special should be.

Craig: I got to get on this. I’m a bad friend. I got to get on this. Now, a question for you since you’ve seen so many versions of it. Is it Death, let Me Do My Special or is it Death Let Me Do My Special? Is it let, allowed, or I’m asking permission from death?

John: You’re asking permission from death.

Craig: Got it.

John: Death is a character in the show.

Craig: Death, Let Me Do My Special.

John: Yes.

Craig: Got it. Excellent.

John: It’s on Netflix and everywhere worldwide right now.

Craig: Love Rachel. Congrats Rachel. My one cool thing is the Warner Brothers lot.

John: I love the Warner Brothers lot.

Craig: These days lots are getting less and less lotty. Paramount is an amazing lot, then no one’s there. Maybe that’ll change now that it’s being sold. Paramount was the first lot I ever stepped foot on.

John: Same.

Craig: I was like, “Oh, my God.” It was packed with cars and people and-

John: Star Trek.

Craig: -Star Trek aliens in the commissary, and bungalows full of geniuses. It’s a ghost town now. The Fox lot was the second lot I ever stepped onto, which also fascinating beehive, which I suspect is less beehivey.

John: Oh yes, it’s dead there.

Craig: It’s dead. The Warner Brothers lot is still alive. We’re doing our post-production in a building on the Warner Brothers lot. You walk around and you see production happening on the back lot, and you see all these people coming out by where the commissary is and sitting outside of the tables and there’s this togetherness. There are the trams coming through, but they’re not like the Universal, like Universal is clearly turning themselves into-

John: A theme park.

Craig: -a theme park with an office building built on top of a parking structure. Warner Brothers doesn’t have that. It’s no theme park and it just feels like, okay, there’s still some old fashioned Hollywood going on here. Disney is still a lot, but Disney is Disney.

John: Yes, Disney lot is actually fantastic but Warner–

Craig: It is, but it’s very Disney-ish.

John: At Warner you get the animaniacs acts running around all the time, coming down for the little water tower.

Craig: Because they have cocaine in them?

John: Indeed. They’re cocaine-ers.

Craig: They’re cocaine-ers. I miss it and I wish we could get back to it and it’s not — The Paramount is my great hope. The Sony lot is also a lot, but it’s weird.

John: The Sony is weird. It’s divided. It’s on two different sides.

Craig: Exactly.

John: I said that Paramount was my first lot, but I think I actually had a class with Laura Ziskin on the Sony lot first. The Sony lot is really confusing to find your way around in.

Craig: It’s isolating and it’s maze-like, and they really have just like one “street”. Warner Brothers is just beautiful.

John: It’s gorgeous.

Craig: It’s sun baked and it’s so beautiful that their logo reflects all the — It’s got all those wonderful sound stages.

John: Elon Musk can debut products there.

Craig: Anyway. My one cool thing is a good old-fashioned old-school Hollywood lot that is still functioning and I’ll bump into people I know, and we’ll have lunch and who knows? The ideas might occur. It’s a nice place. I’m hoping that David Ellison can revitalize the Paramount lot. It’s truly extraordinary.

John: It really is fantastic. We have a request from a listener. They’re one cool thing. Drew, help us out with this.
Drew: Yes, this is from our listener, Victoria. She writes, “This is a personal one that’s dear to my heart. Scarecrow Video in Seattle is so important as an institution for the preservation of film, and it would be a tragedy to lose something like this. They’re trying to raise 1.8 million before the end of the year to prevent closure. It’s an incredibly tiny sum of money given the amount of billionaire-owned corporations and arts endowments in Seattle. It seems like no one wants to step up. Paul Allen probably would have if he was still alive, but there it is. I know you all care about the disappearance of film titles, something Scarecrow actively works against. It would be a loss to Seattle and the world if this collection was shut down.” She links to the fundraising and an article from UW magazine.

John: Fantastic. Great. Yes, video stores are this interesting place right now because while we don’t need to go there to rent DVDs and videotapes, they are sometimes the last place to get these things. They’ve also become basically social places where you can throw events. Finding that balance feels crucial.

Craig: Yes. Listen, rooting for them. Always difficult to rely on a fundraiser to keep your business going.

John: Yes, because it then implies the model itself is not sustainable.

Craig: It does feel like an end stage, kind of, we can extend your life by six months. I’m hopeful and who knows, maybe this would–

John: Yes, maybe the fundraiser is to get them to a new thing–

Craig: A new thing where they can. Sure, it would be great if — It’s Seattle so, hey, Bill Gates. Why not? Right? Rooting for you.

John: Yes. That is our show for this week. Scriptnotes is produced by Drew Marquardt and edited by Matthew Chilelli. Our outro this week is by Nick Moore. 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. You will find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find transcripts and sign up for our weekly newsletter called Interesting, which has lots of links to things about writing.

We have T-shirts and hoodies and glassware. They’re all great. You’ll find them at Cotton Bureau. You can sign up to become a premium member at scriptnotes.net where you get all the back episodes and bonus segments like the one we’re about to record on the Dungeons & Dragons player’s handbook. Craig and Drew, thank you for getting through these 20 questions.

Craig: Thank you, guys.

Drew: Thank you.

[Bonus Segment]

John: All right, bonus segment. Thank you to all our premium members. We now get to go through one of our favorite things in the world, which is the Player’s Handbook. Craig, what do you hold in your hands right now?

Craig: I’m holding the Advanced D&D Player’s Handbook. This is 1978.

John: So you had this book.

Craig: AD&D. I did and I did not understand it.

John: Yes, and that’s what’s so crucial about these books is that they’re difficult to get into. They’re full of tables, so many tables.

Craig: So many tables.

John: Then lists of spells that are duplicated for each of the different classes that could cast identical spells, which is nuts.

Craig: Looking at this, I can understand why I was fascinated as a kid and it starts with the cover. Art has always been a huge part of these books. This is something that Wizards of the Coast is getting pretty savvy with. There’s so much art in the new one. This old one, what you had was this big, demonic, devilish creature with gems for eyes.

John: Yes, a statue of it.

Craig: Yes, a statue of some rogues trying to pull it out. You had some cool guys in the foreground and a dead snake man. All these wonderful things that made me go, “Yes.” Then you open it and the text is so tiny.

John: It’s tiny. It is like a Helvetica font.

Craig: It is dense and it is for adults. That’s the thing that really I didn’t I’d understand as a kid was, and especially AD&D, how this was not for — I was seven. Look at the tables and charts index. That’s like six-point font. Even that, and we could read it back then.

John: Yes, because we were young.

Craig: We were like, “Oh, no.” I could not crack into this.

John: Hand that to Drew because I don’t think he’s seen that. Also on the table here, we have all the different editions between them. That was the first edition. The 1989 second edition Players Handbook, 2E.

Craig: That was a very popular one for a long time.

John: It was a very popular one. 2E stayed around for a long time, and it got closer just to what we’re expecting now.

Craig: Ish.

John: Ish, but there were still fundamental changes to the rules with each new generation of this thing.

Craig: Oh, yes.

John: Going back to the original AD&D Player’s Handbook, the systems that it established were really taken from tabletop role-playing, tabletop combat simulation games.

Craig: Yes, it was chain mail, I think was what it was. Gygax had his initial thing.

John: There were a lot of tables. Your armor class, you wanted a negative number for your armor class, which is crazy.

Craig: Negative armor class was very confusing.

John: You would roll your twenty-sided die to see if you hit somebody, but then you had to consult a chart to see what it was. Over the years, they made some simplifications to things to make things a little more streamlined.

Craig: No more [unintelligible 01:16:36] You hit armor class zero.

John: Zero, yes, was the goal. Second edition still felt like it was a cleaned-up version of probably first edition. There were some changes but it still had the same core classes.

Craig: Yes, but you can start to see, if you look at the cover of AD&D Player’s Handbook, and the font, Advanced D&D, right? Then you look at the font for 2E, you can start to see that they’ve actually discovered, they’re starting to get closer to what becomes like the standard — It’s readable and the cover art is exciting.

John: There’s color inside.

Craig: There’s color inside. Look, it’s not as tiny-tiny and they have explanations of things. Original D&D was not meant to be as big as it was. It was really part of this mail-order, catalogy world of people who are into combat simulation. Now it catches on and you can start to see it getting closer. Fourth Edition, maybe it was a step backwards, I think, in terms of complexity. By the time you get to Fifth Edition, which is now 10 years ago, that’s when everything changed.

John: First edition, 1974. Second Edition, we played a bit, no one would talk about that. Third Edition, really 3.5, became the default standard D&D that people are thinking about. In 2014, there was this fourth edition, no one cares.

Craig: Fourth Edition.

John: Fourth Edition, they tried to systematize things in a way that felt very much like it was taken from video role-playing games. Everything was in these neat silos and it was tidy in some ways, but not interesting.

Craig: D&D just started withering. A lot of people were like, “I’m not playing that version.” What you ended up having were loads of people playing like, “No, we play 2. We play AD&D, like old-school AD&D, or we play version 2 or we play version 3, 5. We’re not doing 4.” Now you have everybody all over the place. Then 5 comes along and sweeps everybody up. It was like they fixed so much and made it so much more fun. I have to say, so far, based on the 2024. So 2024 is not version 6. We’re going to end up calling it 5.5. 2024 is too, damn– It’s 5.5 and I love it so far.

John: I think they made some really [unintelligible 01:19:08].

Craig: Really good changes.

John: Before we get into it though, Drew, this is your first time seeing any of these books. What is your reaction to them?

Drew: My reaction to the original AD&D book is: that is my hell.

Craig: Yes, terrifying, right?

Drew: Terrifying.

Craig: It’s intimidating.

Drew: The character classes, too, just the words get overwhelming. When you look at the table of contents, this is obviously, this is a manual. I can understand if you’re going to find a specific thing, it’s very helpful for that. Looking at the difference between the chapters, like chapter 8 into chapter 9, you can’t even tell where–

Craig: No, there’s zero layout. By the way, the 5th edition had no real index, no real good chaptering.

John: If you look at my copy here, I’ve added little tabs to the edge so you can find stuff.

Craig: We all added tabs, which is insane. Thankfully now they have a good index, although everything is also digital now, so it’s a little easier. Look at the difference in thickness.

We’re looking at the second edition and the original, versus 2024. ’24 has so many more pages. Why? Less information in this handbook. Bigger font. More artwork.

John: So much more artwork, all in color.

Craig: So much more fun and things are laid out carefully, so when you get into spells, like here, I’m into the spell section. Look.

Drew: Oh, that’s beautiful.

Craig: There’s five spells per page. How many spells per page in the in the D&D?

John: Oh God. 10?

Craig: More? Look at this. It’s insane. It’s a tiny, tiny, tiny. Look at how long the descriptions are. Based on how long the descriptions are here, they really also just got good at–

John: Yes, summarizing or basically standardizing on how to talk about things. How to talk about the diameter of an [unintelligible 01:20:48] something like that. Let’s talk about the function, though, of a player’s handbook because it’s a manual meant to provide instructions, but it’s also a reference material. You’re constantly referring back to things in it. That’s the source of truth for everyone playing. Everyone agrees to be the same thing. Even though it’s called the player’s handbook, it’s really the handbook for everyone because all of it’s the Dungeon Master’s Guide.

Craig: Dungeon Master’s Guide is optional. It just gives you optional extra stuff to learn and consider.

John: It gives you descriptions of magical items and things like that.

Craig: Some rules about cover in combat and little stuff like that, which is great. I mean, I have it. If you’re a DM, you should have it, but the handbook is all you need.

John: Yes. Then, of course, the third book in the Trinity would be a Monster manual. That was from the very start.

Craig: That’s just downloadable content. It’s extra stuff.

John: What is so different about– because you and I both started playing again with the 2014 rules. As we started playing, we were bemoaning the fact that this player’s handbook is so hard to find some stuff in. But then over the years, everything was just online. Now, as we were playing last night, we just Google a thing. If we needed to know what is the damage of a thrown trident, we’re googling that. We’re not looking up on a book.

Craig: Right. If you’re inside your VTT, like roll 20, go to the companion. You’re on D&D Beyond, just look it up. It’s all integrated in there. Yes, there are also third-party websites that have compiled everything. Finding stuff now, no problem. What I really appreciate about the– We don’t need to get to the esoteric of the rules changes. I think people will fall asleep.

But what I do love about the 5.5, the new manual, is that it spends time up front doing the one thing I wish they had done in 1978 for seven-year-old me, which is to go, “What is this actually? What is this game?” Because I was like, what I know about games is there’s a board and you move around and you get to the end, how do you win, all these things. That’s not how D&D works but they never freaking told you that. In the original book, they’re just like [unintelligible 01:22:54] Not that good.

John: Basically, it’s like, here are your attributes, like strength and intelligence.

Craig: What am I doing?

John: What are you doing? This book does a very smart job is it really talks through the little transcript of like, these are players playing the game, and this is what they’re saying and doing around the table.

Craig: This is how the game works.

John: Yes, exactly. You’re talking about the players independently of the characters that they’re playing, which is a crucial distinction there.

Craig: Yes, and teaching you how the DM interacts to provide boundaries, tests, challenges, information. All of that stuff is so important. Just having that at the beginning to say, if you have no idea how this works, it’s not like a game.

John: If you were to pick up the original player’s handbook, or really any player’s handbook up to now, and just like, “How does this work?” You would have a very hard time doing it unless someone could show you. This, I think you could actually pick up. If you actually started reading from page one, you would get something. These books were never designed to be read from page one, but this one you actually could.

Craig: Yes, this is an excellent evolution just from the point of view of clarity and then all the rules changes. Basically, the player base of D&D is expanded dramatically but at its core, there will always be a lot of people who are on the spectrum. When I talk to my daughter who loves Elden Ring, I’m like– and she’s autistic. I’m like, “This is a game made by autistic people for autistic people.” And D&D at its core, it really does appeal to people on the spectrum.

People on the spectrum are remarkably good at parsing rules, finding loopholes, exploits, what we call cheese in D&D, like ways to just easily do something that’s supposed to be hard, working various synergies. Over time, the rules-keepers, Jeremy Crawford, et cetera, start to shape things to cut off some of those loopholes, or if things seemed like they were too powerful, nerf them, as we say. Things seem too weak, buff them. They’ve done a really good job with that without breaking stuff.

John: Absolutely. The other thing I think this new version does, and it finds a good happy medium in there, is responding to how we think about things in 2024, which are different than 2014 and earlier years. Instead of races, we talk about species. There’s much less emphasis on what your species is, in terms of what special things it gives you. Classically, going back to the first one, like dwarves get plus one on strength or something.

Craig: They still have it. They’re walking a line clearly, so there is something a little weird about constantly going on– the word racial comes up a lot in D&D, like why do you have dark vision? Oh, it’s racial. There’s class attributes, racial attributes. Everybody gets a little squirmy about that now. They still have it, but they have deemphasized a lot of that, and they put way more of it into your background, which used to be a completely useless thing. It gave you two proficiencies and your skills, who cares?

John: Or loot.

Craig: Now the ability scores are connected to your background, not your race. What you end up with– your species, sorry. What you end up with your species are things like dark vision, can’t be put to sleep if you’re an elf. Look, there are no elves, there are no dwarves, there are no [unintelligible 01:26:20] or any of these things. Fantasy is fantasy and we can all– but we recognize, like when you look at the archetypes of these things going back to Tolkien, there are some tropes that work their way in. I think they handle the sensitivities here well without wandering into performative. I thought it was well managed.

John: Absolutely. It’s also a fairly public process, which is a challenging thing to do. As they were developing this new player’s handbook, they went through all these–

Craig: Testing cycles.

John: Testing cycles, basically. They would show you current state of it. You could download it and play it and see what that was like. That’s scary, but I think it was useful because there were big things they were going to try to do that they took out.

Craig: Absolutely.

John: Things like they were going to combine the spell list in this different way that nobody liked.

Craig: That’s what’s great about playtesting, especially with the core D&D audience. They’ll tell you like, “I hate this,” or you’ll watch them abuse something. It’s all about balance. I think on the whole, this 5.5 version tilts things more towards the player.

John: It tilts things more towards fun, which I think is crucial.

Craig: That’s what does make fun, right? Now, you do need to challenge players and make it — There’s a little bit of a–

John: Creep. Yes.

Craig: Mission creep, where you get more stuff, so then the monsters get more stuff, or else you’re just walking over everybody and you don’t care. That’s always interesting to keep an eye on. But I also love the way that they basically give everybody a feat to start with, because feats are things that a lot of players just sort of skipped past. They’re also really smart about how they’re handling multi-classing because they have two wings. They have the casual players who really don’t dig in too deep. Then they have the real D&D nerds who will go crazy and figure out that if you become a Paladin and a Sorcerer, now you’re a Sorcadin and you can do all this cool like, “Oh,” and then it gets crazy.

John: Absolutely. I think they have to both reward the person who wants to do that kind of thing and also not make it so that it breaks the game for anybody who doesn’t want to do it.

Craig: They are aware as anyone that a game is only as good as its DM. Have they put the new DM?

John: No.

Craig: That I’m hoping does the similar thing in the beginning that this handbook does, which is to teach DMs a little bit, because the bottom line is they’ve made this amazing system. If you have a bad DM, it’s a bad game.

John: Yes, totally.

Craig: Just as simple as that. If you have a good one, it’s a good one.

John: Yes. The DM is the DJ, it’s the host of the party, it’s the person who’s–

Craig: Storyteller. That’s also the person that needs to figure out how to balance things so that you are scared, and then when you succeed, you feel something as opposed to just, “Meh, next.” It’s tricky. You’ve been doing a great job. John has been our DM now for quite some time in this campaign, and Michael’s a good DM. We have great DMs.

John: We do and we have a great new player’s handbook.

Craig: We do.

John: Thank you much.

Craig: Thank you, guys.

Links:

  • Scriptnotes LIVE! at Austin Film Festival
  • Drew’s Emmy certificate
  • Why AI Isn’t Going to Make Art by Ted Chiang for The New Yorker
  • The Stereophonic Lawsuit
  • Rachel Bloom’s “Death, Let Me Do My Special” on Netflix
  • Warner Bros. Studios Burbank
  • Save Scarecrow Video in Seattle
  • Get a Scriptnotes T-shirt!
  • Check out the Inneresting Newsletter
  • Gift a Scriptnotes Subscription or treat yourself to a premium subscription!
  • Craig Mazin on Threads and Instagram
  • John August on Threads, Instagram, Twitter and Mastodon
  • Outro by Nick Moore (send us yours!)
  • Scriptnotes is produced by Drew Marquardt and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode here.

Scriptnotes, Episode 620: This Uncertain Age, Transcript

December 11, 2023 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2023/this-uncertain-age).

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

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

**John:** This is Episode 620 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the show, what is it about this moment at the end of 2023 that feels so uncertain, so unsettled? We’ll discuss how we’re feeling about the industry and beyond. We also have follow-up on advice we gave listeners in previous episodes, and new questions on composite characters, anecdotes, and sustaining a D&D group. In our Bonus Segment for Premium Members, we are going to freestyle an introduction to the Scriptnotes book, the first draft of which, Craig, is due in January.

**Craig:** Oh, no. I haven’t done anything.

**John:** It’s a nightmare where you wake up and you realize the exam is happening.

**Craig:** I haven’t studied.

**John:** You forgot to drop the class.

**Craig:** My essay isn’t finished.

**John:** The book is in good shape, but we don’t have an introduction. Most of the book is really just based on our transcripts. We will have a freestyle discussion, and that’ll become the introduction to the book.

**Craig:** Great.

**John:** People can hear it here first. First, Drew, we have some follow-up on previous people who wrote in with questions.

**Drew Marquardt:** We heard back from Ghosted, who is no longer ghosted. They wrote, “I just wanted to write in with an encouraging follow-up. After having been ghosted by the studio for six months when a film I wrote disappeared off a streaming site, the director emailed today to tell me that it is now available to rent and buy on Apple and Amazon. Thank you for encouraging me to go directly to the director and to contact the WGA about my concerns over not having a copy of my work. I did both, and I’m not sure if it led to this outcome, but at least it helped me feel less helpless.”

**Craig:** That’s quite good.

**John:** That’s good.

**Craig:** I think people, especially in Hollywood, we’re trained early on to, “Don’t overdo it. Don’t write in too much.” That can sometimes turn into utter passivity. Don’t be scared.

**John:** Just in my own life this past week, I had heard back about this project. I got news through my agent about, “Oh, it’s sort of unsettled here. We’re not really quite sure.” It’s like, “I’m just going to text the producer and ask.”

**Craig:** Yeah, “What’s going on?”

**John:** It nudged things forward. Don’t feel like you’re going to be a dick to ask about what’s going on.

**Craig:** There’s a difference between shy and weak. You’re allowed to be shy while you’re asking people questions. It’s perfectly fine. You can be a little nervous, especially if you’re new, because we’ve all heard the stories of the person that emailed every day, three times a day, because they had gone to persistence school or whatever. Nobody likes them. But you’re not that person, shy lady or guy. You’re just a little reluctant.

**John:** Good. Our next bit of follow-up is a similar vein here. This is from Ben.

**Drew:** Ben writes, “I was the person whose boss’s boss’s boss forwarded my script to a creative executive at the studio I work at as an office coordinator. The creative executive loved my script, and I had a general meeting with him. Here’s what happened in the past year. I took John and Craig’s advice and emailed my new creative executive friend and asked him if he could send my script, along with his general good feelings and approval, to an agent he would feel to be best suited for me. The creative executive never emailed me back. That’s fine.”

**Craig:** Nailed it.

**Drew:** “He’s super busy, and he probably just didn’t have an answer for me, so I just continued to write. I decided to write a middle-grade novel as my grad school thesis. I’m happy to report that not only did I graduate with my MFA, I also currently have interest from seven publishing agents.

“However, after the strike ended, I reached out to my creative executive friend. He seemed excited to hear from me. We got on Zoom to talk. When he asked me what I was working on, I said I had a comedy pilot. He said he’d love to read it. I sent it to him, but it’s been two months, and I haven’t heard back. Not sure what to do about that, but my instinct tells me to simply wait it out and keep writing. My dad always says it’ll work out for you, just not in the way you think it will, and I’m going to go with that.”

**Craig:** Your dad’s very Zen.

**John:** Your dad is very Zen. Dad may be a little bit too Zen, for two months.

**Craig:** I agree. Dad’s moving towards just flat-lining there.

**John:** I would say it’s worth following up with the creative executive, say, “Hey, checking in to see if you’ve had a chance to read that pilot I sent through to you. Also, some good news on this front that this book I wrote seems to be attracting some interest.”

**Craig:** There’s another possibility, which is that he’s just not that into you. There is always that situation where maybe there’s an initial spark of interest, and then it dies down. You have to accept that that’s a possibility. In our business, people get very excited very quickly about things, a little bit like overdramatic people in their love lives, just fall in love within seconds, and then two weeks later, they’re like, “Who?” You may have just caught a spike, and the spike is gone. That’s okay. Really, the advice here is don’t just rely on this one connection. Start looking for another one.

**John:** You need to date around some, Ben.

**Craig:** This well may have run dry.

**John:** Yeah, which is fine and fair. That absolutely does happen. That is not a crisis for you. I like that, Ben, you went back and just kept writing, which is crucial.

**Craig:** That’s the key.

**John:** You did a new thing, which is important. That will get you far in life, we’ll hope. It’s time for my thesis for this episode. Craig, I’m going to lay this out. We haven’t talked about this at all ahead of time. I’m curious what you think.

My belief is that, as people, we go through life with this expectation that next month, next year, all of the tomorrows will be largely as they are today, and while there will be change, we can generally anticipate what those changes are going to be and incorporate them into our vision of the future, because we are nothing more than a predictive species. We think, “What’s going to happen tomorrow? What’s going to happen next season?”

For example, every year, we can anticipate there’s going to be a new iPhone. It will be faster. The camera will be better. But it’s not going to fundamentally transform society. It’s not going to change our personal lives. We’re not going to put off next year’s vacation because, “Oh, I don’t know what the next iPhone is going to be like.” That would be absurd.

But then there are changes that do transform society. Sometimes those are slow enough that we don’t really notice that they’re happening. You and I were both around for the start of the internet. The internet did change everything, and yet it was a very slow roll-out. It didn’t feel like day after day-

**Craig:** That’s right.

**John:** … we had to anticipate things are going to be vastly different in our lives. Even when Amazon came or when Napster came, yeah, it was new stuff, but it didn’t fundamentally transform how we thought about the future.

But then there have been some moments that were really abrupt shocks, where things feel like, “Oh, I just don’t know what’s going to happen next.” 9/11 was one of those. We talked about the 2016 election. We did that special episode after that, because it was hard to envision how things were going to fit. The pandemic was another thing. It totally knocked us off track. We just didn’t know what life would be like after that, how would we get back to a normal space.

What I’m feeling right now, as we’re recording this at the end of November 2023, is a different but kind of related sensation. It’s that we’re not in one moment of particular crisis – this is not a pandemic, this is not a 9/11 – but I feel like personally, as an industry, I’m having a harder time envisioning the future than I normally would. Some of that is obviously just coming out of the strikes and knowing how stuff is going to start up again. Some of it is the upcoming election. A fair amount of it is AI stuff. But I feel like we’re in this moment of unprecedented uncertainty.

I’m out pitching a movie right now. In a best-case scenario, we might start shooting in 2025, may come out in 2026. I’m having a harder time envisioning 2025 and 2026 than I should be, what two or three years from now is going to look like. That’s just the vibes I’m feeling, this unspecified anxiety. I thought we’d talk through this on a couple different axes. I’m curious whether you’re feeling anything similar, Craig.

**Craig:** To an extent. I have a little bit more certainty in my career, because I basically am parked at a place, making a thing. Unless there’s a dramatic upheaval where nobody wants to watch any television at all, my future’s stuck in a place for a few years. However, it’s very easy for me to go, let’s just play the game. Let’s say you’re not making the show, and I’m not parked at a place. I would absolutely be feeling this uncertainly.

First of all, there’s been a lot of movement in terms of who runs places. Things have changed across the board in that regard. Also, I think you could just feel in the air that Netflix is experiencing things. I don’t know how you would describe their experience of things. There was an article that came out. I don’t know if you read this article about Carl Rinsch.

**John:** No.

**Craig:** It’s incredible. It’s Ringe or Rinsch. Carl Rinsch, he directed that movie 47 Ronin.

**John:** Now I know what you’re talking about. The recap of this, I believe, is that he directed a movie called 47 Ronin, a Keanu Reeves movie that was a bomb. Then Netflix said, “Sure, we’ll make this series with you.”

**Craig:** They won a bidding war with Amazon. He went out with this idea for a series, and they gave him, ultimately, $55 million, and they did not get a series. Apparently, at one point, he asked for an injection of cash to help him keep going. It was $11 million, which by the way, I didn’t know you could do that. Did you know you could call a studio and just say, “I need $11 million.” They gave it to him.

**John:** To him.

**Craig:** To his production company, and then he used it to bet on crypto.

**John:** And actually made money on bets on crypto.

**Craig:** Made money and then bought Rolls Royces and just went insane.

**John:** We should specify, we are not saying he went insane. Insane things happened, based on this. We read an article.

**Craig:** I’m following the article. I’m not a psychologist. When I say he went insane, I mean he definitely did things in an unorthodox fashion. Netflix, it seems like that’s the way they used to operate, so that was how it went. That is not at all how it goes now. All of these places seem to have finally realized that the Netflix business plan was not a very good plan. Everybody is contracting and trying to figure out what they’re going to do with streaming. No one really knows. All they know is that they have taught everyone to watch everything that way.

Because I work for HBO, I know that there are still linear viewers, people that get HBO on a satellite dish or through cable, and programs come on at an hour on a certain night. It’s a larger amount than you would think, but if you watch the graph, it’s going down as people die. There’s usually one year of paying for DIRECTV after someone dies before they realize they’ve got to cut it off.

I have no idea what’s going on. Disney bought Hulu. Disney bought Fox. Marvel, which used to be the most blue chip brand in Hollywood, seems to be a little tarnished right now in terms of performance.

**John:** [Crosstalk 10:51] what’s going to happen with their next set of movies.

**Craig:** Yeah. The latest one just did not do very well. Star Wars has been stumbling around for a while. Also, weirdly, Pixar. I’m not picking on Disney here. It’s just they happen to own everything. Pixar, which used to be the most reliable brand, feels like it’s swallowing its own tail at this point. People don’t really seem to care the way they used to. Then we have these black swan events, like Barbie, because Barbie, people were like, “Well, of course.” No.

**John:** That was not a given at all.

**Craig:** No. Every movie that’s made from a toy generally stinks. Barbie was Lego Movie-ish in its surprise-ness, and so was Oppenheimer, a movie that theoretically would only appeal to older men that watch the History Channel. Nobody knows anything has become even more powerful. I should say nobody KNOWS anything.

**John:** You gotta emphasize the right word.

**Craig:** Nobody KNOWS anything. I’m with you. I don’t feel comfortable predicting, by the way. If we do our, “Hey, let’s predict-”

**John:** No, no, no. I think that’s actually my point is that, in general, you could make some predictions and feel relatively good about, it’s going to fall within this range. I don’t have a good sense of what the range of acceptable predictions would be for the next couple of years.

We were talking about Marvel films underperforming. Someone brought up in a podcast recently that Marvels was an expensive movie, but Killers of the Flower Moon was just as expensive of a movie, and we don’t talk about that as being a disappointment, because it was made for Apple. We just have the entry of these huge companies who have no… It doesn’t actually really matter to them whether a movie makes money. That’s a huge difference from the last 20 years that you and I have been in the industry.

**Craig:** Normally, when people come into Hollywood, they are absolutely trying to make money. Apple, with Killers of the Flower Moon, definitely felt like they were making a prestige play and an Oscar play. A lot of it is about, these companies want to be taken seriously. They understand that, in a weird way, awards and things like that do confer a legitimacy. If Apple can win Best Picture, that’s a big deal. It means other filmmakers are going to want to go there and do that.

Killers of the Flower Moon was not intended to be a blockbuster, whereas every Marvel film is intended to be a blockbuster. In a year, there may be 20 more superhero movies that do great, but it does feel like the curve on superhero movies, that we are on the way down. We haven’t started to crest. We crested, it feels like to me. It finally happened: the glut of Westerns killed the Western. Hollywood just loves to overeat.

**John:** I feel like, Craig, on any of our prior 10 years of doing this show, we could’ve talked about the trends in genres and things like that, like, oh, superhero movies are rising or falling. What’s different about this one is that a year ago, there wasn’t AI. There wasn’t AI in the sense that there is now.

It was exactly a year ago that ChatGPT came out. We had Rian Johnson on the show. We did that experiment where we talked about, “Oh, let’s imagine what the next thing would be.” What I can say to you listeners now is that there are parts we cut out of that episode, because afterwards, we were like, “That was really uncomfortable,” thinking about how this would mirror or not mirror a future movie that Rian would want to make.

Since that time, I haven’t used ChatGPT for anything, but we did have Nima, who works for us, train a model on the Scriptnotes transcripts, to figure out how well could it mimic what we would say about screenwriting.

**Craig:** How’d it do?

**John:** It was a mixed bag. Drew, you’d say it was not that impressive.

**Drew:** It would start, and the first two sentences would be sort of right, and then it would just devolve.

**John:** That will get better.

**Craig:** Good, because then you can replace me, seamlessly.

**John:** Craigbot.

**Craig:** Yeah, Craigbot.

**John:** The thing we found is that it was fluent but generic. Ultimately, it wasn’t very specific to what our experience would be. It wasn’t useful for doing the book. We thought it would be a good research tool for the book, like, go through this and see what we talked about in terms of character conflict. It really wasn’t bad. It wasn’t better than this, which is why Drew and Chris have had to kill themselves over the last six months to pull these chapters together.

AI overall is probably the root of a lot of the uncertainty I’m feeling about the future. Every other podcast for the last week has talked about Sam Altman’s ouster at OpenAI, which was a big episode of Succession.

**Craig:** His un-ouster.

**John:** His un-ouster there, which was really interesting. The conflict behind the scenes there really seemed to be about these two different movements, of the effect of altruism trying to slow down or stop progress on AI stuff, and the effect of accelerationism, which is basically, “No, no, let’s take off all the brakes and go wild.” It feels like it’s a philosophical question, wrestling about Terminator and to what degree we’re going to do that. That always felt like a science fiction premise. Now that it doesn’t feel like a science fiction premise is partly why I’m feeling really unclear about what the next couple years look like.

**Craig:** Asimov famously came up with his three laws of robotics. Even though our federal government is staffed primarily by dotards and morons and do-nothings, at some point the government is going to need to regulate this. It’s just inevitable, or we face our doom. It’s inevitable, of course. If it’s unchecked, it’s inevitable.

I wonder if the progress of AI is going to be hindered a little bit or go a little more slowly than we think, because… This is something you were saying about training the AI to do the transcripts. I wonder if quality – that is that feeling that this is human and intelligent – comes down to the last .1% of similarity, that there is just that one little, tiny, tiny thing that is really hard to get to. Obviously, if it’s unchecked, it’s unchecked, and it will get there. That’s inevitable.

**John:** We’re also in this moment right now where SAG is deciding whether to ratify their contract. That’s a bit here. We should say, for folks who haven’t been paying attention, the source of contention within SAG-AFTRA at this moment is really over the AI provisions and whether those are enough protections for performers.

**Craig:** I’m going to just make some statements here that I believe are true, based on my understanding of how labor law works. What isn’t really happening in the discussion over ratification is, “What happens if you say no?” because it’s a disaster if you say no. Basically, the way it works is the negotiators come back, and they say, “This is the deal we recommend.” Then the board says, “We agree. We are recommending that the membership vote yes, and we are also ending the strike.” All of that happened. As a SAG member, I would urge people to make their voices heard and to prepare for the next negotiation. I think that the vote will ratify.

**John:** I think it will ratify as well. I do think the discussion around this has been good and interesting, just because brand new terms were invented in this contract that make us really think about how we’re going to be dealing with non-human representations on screen. The two basic things – we talked through this stuff before on the sidecast – a digital replica is a representation of an actual performer who is there, and a synthetic performer is a made-up thing, a human-like character that has no basis in an actual person.

**Craig:** That’s right. On our show, for instance, I know that for certain large crowd scenes, we do use digital replicas to fill things in.

**John:** Probably digital replicas where you’re scanning an actual person.

**Craig:** We’re scanning an actual person.

**John:** An actual person.

**Craig:** In fact, creating a digital replica that is not based on the scan of an actual person is incredibly hard to do. It’s expensive and time-consuming. You want to scan actual actors. That makes your life so much easier, because once they’re scanned, you then have something that you can…

The other thing we do a lot of times is just shoot real people on green screen doing actions, running, jumping, turning, and then we can comp then in digitally and adjust, paint in something on their head or something like that.

Generally speaking, we’ve already been doing this. The horrible outcome that you want to avoid is, there was a movie where some kids were in a bleachers in a gym, and clearly Disney had just AI’ed in four people that were just nightmare, the kind of people you see in previs. It was horrifying. Yes, in schlock, I suppose that might be a problem, but generally speaking, for credible productions, we’re scanning real people.

**John:** Craig, forgive my ignorance, because you are shooting your show in Canada, and so obviously, your Americans actors are under a SAG contract, but for your background performers, is that a Canadian contract?

**Craig:** Yes. There’s a Canadian Actors Union. Most of the actors that we employ are Canadian. The Americans or the Brits we bring in for obviously certain… The thing is, it’s not like we’re like, “Oh, only Americans can get the good parts.” An example is Lamar Johnson, who played Henry in our show, is from Toronto. He’s Emmy-nominated for his performance. We’ll look in Canada. We’ll look in America. Most people on the show ultimately by number are Canadian, under Canadian acting contracts. We also have directors in the DGA. I’m a DGA director, so I direct under a DGA contract. Other directors that we had who were from overseas would direct under a Canadian Directors Guild contract.

**John:** A new aspect of the AI stuff, I want to talk about coverage. We have friends who write coverage. I started off writing coverage for, first, this little [indiscernible 21:01] Pictures. Then I was a paid reader for TriStar Pictures. Every day I would go into TriStar, pick up two scripts. I’d be paid $60 a script to write coverage on those.

**Craig:** Pretty sweet.

**John:** Pretty sweet job.

**Craig:** Not bad.

**John:** I’d drop those off the next day.

**Craig:** Not bad.

**John:** Coverage, of course, consists of a synopsis of the material, so generally a one-page typed-up synopsis, and then an analysis, half a page, three quarters of a page, talking through whether you recommended this, basically, what’s working in the script, what’s not working in the script. It’s a way for the executive who didn’t read the script, or read the script a week ago and doesn’t remember it, can have something to say about this thing. Also, it becomes something that is filed away, to say, “We did read this script. This is a person we’re [indiscernible 00:21:41] as a writer.”

Since ChatGPT came out, I thought, okay, that’s going to be a vulnerable job, because the kinds of writing you’re doing, and the synopsizing is something that ChatGPT seems really good at. You can just feed into it a script right now, and ChatGPT would write a reasonably good synopsis.

**Craig:** I agree.

**John:** Last week, a listener wrote in saying that he had experience with this AI coverage thing. He was a screenwriter but got approached to beta test this screenwriting coverage tool. He said, “I thought it would suck, but I agreed to beta test it. I’m writing to you because it didn’t suck. I have the coverage it generated on one of my old specs that I can share with you if you want. It was generated in five minutes. While it had some generic beats, it felt like a huge step in how Hollywood might use AI, and it’s coming much sooner than expected.”
Craig, that is the pages you have in front of you right now. It has a log line. It shows genre, keywords, time period, occasion, setting, and then the script score, which I feel very nervous about, about character development, plot construction, dialog, originality, social engagement, theme, and message – those would be a grid that you would normally see on a top sheet of coverage – a synopsis, a short one, a long one, then it goes into premise and notes, some things about things you should be thinking about in terms of the characters and their archetypes. It has suggestions for main character casting, with name actors for these different roles, and comp movies to be thinking about in comparison. The writer who wrote in said this was all accurate. He felt like there was some generic stuff in here, but this clearly was really talking about the script that it had read.

**Craig:** I think that this is probably a good example of how stuff that’s not in that .1% is manageable. Most scripts are not great. Most scripts that get covered, probably 99.9% of them don’t get bought or produced. A lot of what coverage is is people presuming that a script is going to be bad, because it’s a safe bet, having somebody write something down, so that when they talk to the person who wrote it, they can sound like they knew that they read it, even though they didn’t, and look at some key things, or just simply not have to worry about passing it along or processing it. The question I have about this is, what does it do with Jerry Maguire.

**John:** I would say that experience as a reader at TriStar… I have my little database of all the coverage I wrote. I wrote like 100 pieces of coverage for them. I recommended two things, and I got called to the mat for both of those two things that I recommended. My job was to say no. My job was to say, “This is a pass because of X, Y, and Z.” Most of them were very easy passes, like, this was not a movie we were going to make. There was nothing so exciting about this writing that you say, “Okay, you should at least read this writer.” That is also my concern is that this is probably really good at saying no to stuff, and it’s going to miss things that would otherwise be exceptional.

**Craig:** I wonder also – because everything of course is machined, there is some sort of algorithm going on here – is it designed to basically always deliver you a balance? “Here’s what I like. Here’s what I didn’t like. Here are some numbers.” But you can’t get that passion thing. You can’t get the thing of like, “No, no, no. It’s completely messed up. There are 12 things that are really, really wrong with this. But the stuff that’s right is so blindingly, gorgeously right.” Does ChatGPT understand yet the difference between this needs work that will be really hard to do, or this needs some simple work to be incredible? That’s where I think it’s going to need some time. Pump the brakes, Sam. Apparently, all those people walked off the job because they, like Sam, were like, “Don’t pump the brakes.”

**John:** They also believed that they would follow Sam to another company, to do the work that they’re doing. In the case of OpenAI, it was that they believe that they were doing good things and that they were doing it in a safe manner.

**Craig:** That sounds culty to me.

**John:** People like us too. It’s always a cult with other people.

**Craig:** No, no, we have a cult.

**John:** We have a cult.

**Craig:** We’re cult leaders, for sure. We’re just very kind, benevolent cult leaders.

**John:** That’s right.

**Craig:** We demand nothing from our-

**John:** Maybe $5 a month.

**Craig:** We don’t even demand it. We gently suggest it.

**John:** If you want the Bonus Segment at the end of the episode.

**Craig:** Many of our cult followers say no.

**John:** Yeah, of course. Great. We should say that this coverage program is not ChatGPT, apparently. It’s based on a different thing. If this guy could do it, other people could do it. This is obviously coming. It’s here. Difficult to predict, but let’s talk about some of the repercussions of this existing. My job, which I was paid $60 a script for, would be on the line, because mostly what they’re paying me for is that synopsis and that critique. There’s no reason to do that. You should feed this thing in. What this is kicking out is as good as the stuff I was doing.

**Craig:** I think that if your job is to figure out how to mulch through a ton of scripts that you suspect are going to be bad, because you’re dealing with just general submissions, then yes, you’re going to want a machine to do it. You’re going to miss stuff, but then again, you knew you were missing stuff anyway, because you were paying people $60 an hour, most of whom were not John August.

**John:** It was $60 a script, not an hour.

**Craig:** Sorry, $60 a script, even better for the people paying. Most readers aren’t you. Hollywood is full of stories of people paying $60 to get coverage that says, “This stinks,” and it turned out to be Pulp Fiction. Those people will just continue their imperfect process without paying the $60 a script, but by paying, I don’t know, some licensing fee to whatever.

Where I think we are still going to need people are like people like our friend Kevin, who don’t just do coverage; they do story analysis. They are really there to essentially give the studio executives the notes that they give the writers. That is thoughtful. That is dramaturgical. That is also about understanding the breadth of cinema, reacting in real time to the audience and what their tastes are and how they feel. All of those things, that’s science. That’s much more connected to what we do, which is creating things.

I think it’s going to be a little time before this thing actually can spit out a reliable predicting number, because the other thing that’s going to happen, of course, is ChatGPT or its cousins will all agree that a script is a 3 out of 10, somebody nuts will make it, and it will be a blockbuster.

**John:** Everything Everywhere All At Once was a script that I feel like probably would not thrive in this environment. I love those guys to death, but it was a challenging script to read. That’s going to be an aspect of all of these situations.

I want to think about, if you are a producer, a director, anyone who’s getting sent stuff, if you are a showrunner who’s being sent stuff, it’s going to be hard not to say, first, pass this through here, and let that be the first filtering process. If that is going to be the first filtering process, every writer with a spec script is going to go to these things and say, “What is this system going to say about my thing?” That’s the different thing, because it would be one thing to go to a person who reads for a studio, does coverage, and say, “Hey, would you read this for me and tell me whether this would make it through?” Here, you’re going to pay your 5 bucks or whatever, submit it, and get this report back.

**Craig:** That’s a great point, that basically, if Hollywood switched over to this, it would be like they just pay $60 a script to one person to cover everything. If people can figure out who that guy is or who that girl is, then they’re just going to game it, because they know that person has a certain kind of taste.

**John:** You could just iterate, iterate, iterate, just get the script up to the point where it gets the highest score possible off of this. Is that good for you, or for cinema? I don’t think so.

**Craig:** The thing is, it’s inevitable that some script is going to get a 10 across the board, and people are going to make it, but while people are making it, the other humans are like, “This stinks. This is the emperor and his new clothes. This is not a 10 out of 10.” It’s just something the computer liked.

**John:** It’s also important to remember that all programs are based on large language models or things that are churning images too. Often, they’re based on some sort of seed. There’s a random number that is being created. That becomes the underlying pattern for how it’s going to be doing some stuff. If you were to feed the same script through three times, you might get three different answers, just like you might get three different answers from readers. I think we’re going to be chasing this dangerous thing.

**Craig:** Look. Coverage has always been imperfect. If they have mechanized an imperfect thing to make it a faster and cheaper imperfect thing, then yes, I agree, people that make their living from coverage should be concerned.

**Drew:** Can I add one more thing to that?

**Craig:** Yes, please.

**Drew:** I also feel like a lot of young execs are trained on writing coverage, and that’s how a lot of their tastes are developed. That feeling of, “Oh, I love this script,” is helpful, and even if you hate it, you have to articulate yourself. I feel like that’s going to hurt writers too, because you’re going to have execs who are not able to articulate why.

**Craig:** So execs are going to get worse.

**John:** That’s what we need. The only optimistic case I’ll make for this is that some of writing coverage, yes, it is a learning process, but it’s also absolute drudgery. To get rid of the drudgery… Writing synopses was always the worst part of coverage. It’s like, “How do I try to synopsize down this script and make it make sense in these paragraphs?” It’s not a useful skill, and so I’m really delighted to send that off to a system to do that. It’s the analysis and how to talk about what’s not working, what is working, and how to talk to the writer or talk to everybody else about that-

**Craig:** That’s a great point.

**John:** … is a crucial skill.

**Craig:** The robots are ruining everything.

**John:** A friend of mine works and does coding for a very specific kind of machine that uses a language that is esoteric to its one thing. He said that for what he’s doing, ChatGPT is not useful. It can’t write that language, because there’s just not enough examples online of how that language works.

**Craig:** Interesting.

**John:** He also has to do JavaScript as bridges on stuff. He’s not that good at JavaScript, so he uses ChatGPT every day to write all the JavaScript for all the stuff he’s-

**Craig:** Whoa.

**John:** … doing for this, and it’s crucial.

**Craig:** ChatGPT will code for you?

**John:** ChatGPT is really good at coding.

**Craig:** Really?

**John:** It’s very good at coding.

**Craig:** I guess I shouldn’t be surprised. This code is good at itself.

**John:** You can use it to write an iOS app that does this kind of thing.

**Craig:** Wow.

**John:** It can iterate through it and does a really good job.

**Craig:** Wow. That’s cool.

**John:** Most coders these days are not on Macs, basically, because Mac, it’s not so set up for it. But there’s a thing called Copilot for Microsoft, which is writing code with you the whole time. It’s becoming a crucial part of coding stuff. My friend was talking about this esoteric language he’s using. He says it’s just a matter of time before it can do it, and that he feels he has maybe three to five years left in the industry, and then anybody could do his job. His special training’s not going to be useful.

**Craig:** That is a very good thing for him to say. I think a lot of people just deny and do not want to imagine a world where their skill has been reduced to useless, because it’s terrifying, and it’s challenging to your core identity. It’s actually quite brave of him to say that. It’s really smart, because I assume he’s looking to do something else while he’s got his three to five years left. I assume he’s retirement age or-

**John:** Oh, no. He’s 30.

**Craig:** Then he I assume is thinking about, “What else can I do?” because that’s a real thing.

**John:** These machines he writes code for are still going to exist. Somebody’s going to have to essentially tell the ChatGPT what code needs to be written, but there’s fewer and fewer jobs for doing that.

**Craig:** The skill required for that is reduced.

**John:** You could outsource it. You could do whatever.

**Craig:** It used to be one of the safest jobs in the world was guy who understands the one thing to engineer this thing that everyone has. That’s the safest job in the world. I think it’s important for people to keep their eyes open on this stuff. Again, it’s an interesting debate.

We can’t necessarily just go, “You know what? A lot of people make their living driving horse buggies, so we can’t have these cars.” We can. We will. It’s happening. Horse buggy guys need to find a different gig.

**John:** Many fewer horses in America than there used to be.

**Craig:** Correct. We try and figure out things. The government does come in and prop businesses up. Based on the way our system works, there’s really no reason for us to be mining coal anymore, other than the fact that there are two senators from West Virginia. We will, however, progress. It’s just inevitable. Very smart of him and very brave.

**John:** Last thing, I wanted to give you this demo, where I was going to play two clips for you, one which I have recorded my voice reading a thing, and one which I trained a model to read it for you.

**Craig:** Fantastic.

**John:** Unfortunately, I couldn’t do it, because actually, it was too complicated to do. It was this whole Google collab. I looked at the video. I was trying to do the thing. I couldn’t translate it out of Japanese. This is a situation where literally weeks from now, it’ll be simpler to do. I just didn’t want to take my voice sample and give it to some sort of outside service. I was doing it all on my own machine.

**Craig:** I see, I see. I’m excited for that.

**John:** It’s incredibly straightforward to do. If I was willing to pay 20 bucks, it would’ve been really easy to do.

**Craig:** I would’ve given you the 20 bucks.

**John:** I just didn’t want my voice out there already training a model.

**Craig:** Oh, I see. I see.

**John:** I was trying to do it myself. I was thinking about our podcast is us talking through this stuff. I feel like for many of our listeners, we are our voices. It’s so easy to synthesize these now.

**Craig:** At some point, we do enter this area where verifiability will actually become its own resource. Diamonds look like cubic zirconias, and vice versa. Zirconiums? Zirconias? Zirconias. I think it’s zirconias. Cubic zirconias. I can’t tell the goddamn… Nobody can tell the difference just staring at it, except for diamond experts. Then they get their little loop out, and they stare at it, and they’re like, “Oh yeah, this is fake, and this is real.” If you can’t tell the difference just walking around, who cares? Gold-plated versus solid gold, who can tell the difference, if you don’t pick it up? But it matters to us. It matters. This is an original Chagall. This is a Chagall print. Can you tell the difference? No. Does it matter? Enormously.

It’s funny how the NFT thing was all about verifiability without any product. All they were selling was an empty verifiability. Verifiability of actual things will become important to people, and that will become a job. You should tell your friend. The discernment between the fake and the real. People care. It matters to them that it’s real. It really, really matters.

**John:** Two points of verifiability that I want to bring up. First off, during the pandemic, you and I noticed that we always used to have to sign contracts, and suddenly, no, no, you can just DocuSign it.

**Craig:** I love that.

**John:** You’re just clicking, and it’s filling in a little thing.

**Craig:** Click, click, click, click, click.

**John:** Somehow, we decided that was okay, and it stayed. Bless it. Love it.

**Craig:** Thank god.

**John:** Also, when I need to do a wire transfer, I need to move stuff from one account to another account, they call me, and I have to go through a voice verification of this thing, “I approve this transfer,” and stuff like that. It’s ridiculous, because I can record this now once and just play it, and it’ll be there.

**Craig:** Anybody can record it or synthesize your voice and play it back. We just sold our house in La Cañada. When you do the first big document, where you say I’m selling my house and for this price, there are like 8,000 signatures. I remember having to do it by hand, like, are you kidding? There’s just a pile. Now it’s just like tap, tap, tap, tap, tap, tap, tap, tap, tap, tap, tap.

**John:** Oh, good. I haven’t bought a house in 20 years.

**Craig:** Oh my god, just tap, tap, tap, yes, yes, yes. I’m signing it before the page loads, just because it doesn’t matter anyway.

**John:** There was a whole person whose job that was to show up and walk you through all those forms. That person doesn’t have that job anymore.

**Craig:** That person doesn’t have that job anymore.

**John:** It was a terrible job.

**Craig:** It was a bad job. 80 pages of just California state boilerplate disclosure, blah, blah, blah, what happens if grass exists, asbestos. You’re just like, “I’m not reading any of this,” just sign, sign, sign. So yeah, sign, sign, tap, tap, tap, tap, tap, it’s wonderful.

**John:** I will say a point for verifiability is our own Stuart Friedel is now a notary public. Stuart Friedel notarized some forms for us recently. It was an absolute delightful process. If you need a notary in Los Angeles, Stuart Friedel’s your man.

**Craig:** Stuart Friedel is your man. I will say that Stuart does have that notary thing going on, which is just this inherent trustability. You’re like, “Yeah, you’re a good egg. I trust you. That’s why the County has authorized you with your stamp.” I love notary stuff. It’s actually fun.

**John:** With you and your family, have you developed any passwords for things, so if someone calls asking for-

**Craig:** Oh, hostage?

**John:** Hostage situation. Have you developed that with your family?

**Craig:** No, because my answer is no.

**John:** “I’m not paying anything.”

**Craig:** Yeah, exactly.

**John:** You are Mel Gibson in Kidnapped.

**Craig:** Basically. “What’s that? You’ve got them all? Good.” No, we don’t have that. It never occurred to me that… If my family calls asking for money, I’m going to be like, “What? What do you mean?” I think after a few questions, I’ll be able to-

**John:** Suss it out.

**Craig:** … sense that something’s up. We do have 1Password, which is very helpful, I will say, in terms of…

**John:** 1Password, the system for making sure you have different passwords for all your different things, but there’s one central repository?

**Craig:** Yeah. 1Password, the app has a family plan, and so you can create vaults. We have a shared vault. What’s really helpful is like, “Dad, I ran out of medicine at college.” I’m like, “Okay. Probably getting emails, but fine. I can access your stuff, because I have your password, so I can log into your thing,” and that’s helpful.

**John:** That’s helpful. Most of this anxiety conversation has been about… We talked about industry stuff. We talked about AI stuff. Briefly, I think the prospect of going through another election cycle is absolutely dreadful to me.

**Craig:** Horrifying.

**John:** Horrifying. The fact that we know going into this that we’re going to see so much more misinformation that looks really good and is incredibly personalized, which is frustrating, and the possibility of an authoritarian state at the end of this election cycle. One of the reasons it’s harder for me to envision 2025, 2026 is the world looks very different based on the outcome of that election.

**Craig:** Yes. We will all be dreading it. Everyone will be dreading it. I choose to not think about it. This is one of those areas where I’ve really been making an effort lately to acknowledge that thinking about terrible things that are going on in and of itself is not productive. Donating money, donating time, talking to other human beings and wishing them well and telling them I’m concerned about them and just letting them know that I’m caring, that matters. Sitting and fretting-

**John:** Ruminating does nothing.

**Craig:** Nothing. And yet, that’s what the system of news delivery is designed to do. It’s actually no longer designed to inform. It is designed to get you to keep clicking on a thing, like a rat trying to get cocaine. I refuse to do it. I’m a voter in California. We are going to vote for Joe Biden. That’s happening. My vote in California is useless. I’m voting, of course, for president, but I don’t have to ruminate in that regard, nor do I have to worry about trying to get my neighbors to vote a certain way or any of that stuff. Also, we don’t have to worry about watching ads. We get away with murder here. If you live in Ohio, I think that’s all you get are president ads. I’m trying to not ruminate. There’s my New Year’s resolution.

**John:** Less rumination?

**Craig:** Less rumination.

**John:** Then I think, lastly, on labor, we’re all going into this next year anticipating IATSE’s contract is going to be a difficult one to fight, and there could likely be a strike, and so any production we’re thinking about going into could bump up against a potential strike.

**Craig:** When is that?

**John:** The summer.

**Craig:** The summer. That’ll be exciting for us. I remember in our first season, there was a vote. It was interesting. IATSE, they’re not quite like the way we do things. They had a contract with HBO that was different than the contract they had with everybody else. Technically, our crew would not have gone on strike. However, they probably wouldn’t have shown up. We didn’t quite know what was going to happen. I guess we’ll be there again. I really hope that the powers that be learn from what just happened, really, really learn from it.

**John:** I think they have to have a different strategy going into this, which is basically, “How do we avoid a strike? How do we make a deal with these unions that hears them, listens to them, understands what the concerns are, and addresses those concerns in a way? Basically, how do you present the negotiating committee with a deal that is so good that they don’t want to say no?”

**Craig:** If they were to optimize, the way to optimize would be, I don’t even think, in this case, “How do we get to 11:59 p.m.?” It’s, “How do we get one week?” for a strike vote, or, “How do we get them to not call for an authorization vote? What do we need to do?” If they go in there thinking, “We’ve got to beat them and teach them that they can’t do what these other unions do,” they will do what the other unions did-

**John:** 100%.

**Craig:** … which is, A, strike, and B, win. Carol.

**John:** Or whoever is going to be in charge of that.

**Craig:** Exactly. Jeez. Sheesh.

**John:** Sheesh. Let’s get to some of our questions here, because I did promise those at the start.

**Craig:** Great.

**John:** I thought we would start with Anonymous.

**Drew:** Anonymous writes, “I’m writing a pilot, and recently saw an anecdote in a Reddit thread that was so good I want to use the basic idea as my opening scene. I just want to use a situation the person described. The rest of the pilot has very little to do with it, but it’s an amazing entry point for the character arc. However, I do not want this person to feel like I stole from their life story. What is your take on this? Should I, A, reach out to the person, B, avoid the whole thing, or C, just use it and change it up a bit?”

**John:** I’m voting C.

**Craig:** C, use it and change it up a bit. We’re writers, for god’s sake. Look. You’re not stealing anything. What are we at, 600-and-what episode?

**John:** 620.

**Craig:** 620, so this will be the 612th time that we have said that ideas are not intellectual property. Unique expression in fixed form is. You do not want to take that person’s actual literary material, their sentence structure and their vocabulary and all the rest of it. You don’t want to plagiarize. But if somebody tells a story about something that happened to them, you can absolutely use the premise of that story for something. Of course you can.

If you’re feeling guilty about it, then don’t. But if you aren’t, do. The one thing you shouldn’t do is go ask for permission, because you’re just opening up a can of worms for yourself that’s just awful. When people put things online, whether they realize it or not, they are publishing things that are now publicly available. You can’t plagiarize, but you can take an idea. That’s not property.

**John:** The other thing I would say is that the times you ask for permission is when it’s somebody who might be using that in their own material, both because you don’t want to be a dick, but also because they would be doing the same kind of thing with it. There was an anecdote that a friend told me about a hotel room. He was also a writer. “The story you told me was fantastic. Are you using that for anything? Because if not, I want to incorporate that.” It became a part of a moment in a sequence in Go! I asked him first, because I wanted to make sure he wasn’t doing anything with it, because I wanted it to be free and clear and open.

**Craig:** Professional courtesy. Courtesy among writers, of course. Listen. All those things that people put on Reddit, Am I The Asshole, and all the stuff that goes on, what is it, the Didn’t Happen of the Year Awards and all that, it’s out there. It’s out there. People need to learn the difference between inspiration and plagiarism.

**John:** One from Steve?

**Drew:** Steve writes, “I have a question about composite characters in real life adaptations. I wrote a script based on true events where the main characters are represented in court by a lawyer. The lawyer is a minor character based on a real person who wasn’t a great guy and may have sabotaged the case. My version has made the shady lawyer a nicer guy who does the right thing, as I replace the subsequent lawyers with this one guy. Should I change the real lawyer’s name? He’s become a composite character. Does he need a composite name? I made him a better man in my script than he was in life, so I’m not worried about being sued for defamation. I am, however, concerned that keeping his name may lend merit to his problematic legacy, resulting in unwarranted good will.”

**Craig:** That’s an easy one for me. Change the name.

**John:** I say change the name.

**Craig:** Why wouldn’t you? Unless the name has some sort of amazing value, change it, of course.

**John:** Steve says, “Where the main characters are represented in court by a lawyer.” The lawyer is not the central character. The lawyer is not Erin Brockovich, and so change that.

**Craig:** Exactly. Change it. Inherit the Wind changed the names of the lawyers. Why wouldn’t you? It doesn’t matter. It’s a composite character anyway. Change it.

**John:** Change it. Let’s wrap it up with an easy one about D&D.

**Drew:** Sam writes, “During the strike, I was able to finally put together a D&D group over the last six months. Seeing them every week has been the best thing that has happened for my mental health and creativity. However, we are all television and film people. As shows start crewing, people will have to travel for work. I worry that the precious little thing will fall apart if we don’t see each other every week. John and Craig have talked about being part of a long-running D&D campaign and group, and I’m wondering how it works when some people are away.”

**John:** Two points of answer here. First is technology, and second off is group dynamics and what are rules are going to be for when people are gone.

**Craig:** You want, ideally, a group that is sizable enough that you don’t need everyone there, or even everybody minus one there, to have the evening. Most D&D adventures are, by default, designed for a party of four characters. If you have four people there, you should be able to play. Now, a good DM understands also how to adjust the encounters if it’s four people or eight people. That in and of itself is a D&D class that I would love to teach one day. That’s primary. Then secondary is Zoom. Using Roll20 has been great for us.

**John:** We should talk, for people who don’t remember, Roll20 is the system which we are all on our own computers, looking at a top-down view map. We see our characters. We can take our actions and click through things. We’re still playing D&D, but the representation, rather than being little lead figures, is on screen.

**Craig:** We should probably never use lead figures.

**John:** I guess we called them lead figures. They were never actually lead.

**Craig:** I think at some point they were lead, and then a lot of-

**John:** Little painted figurines.

**Craig:** Little painted lead figurines. It’s remarkable how technology just blended together in this moment when suddenly we couldn’t be together.

**John:** We started in the pandemic.

**Craig:** We had been playing prior to the pandemic. The pandemic, like the question-writer here, did suddenly create a circumstance where we played way more often. We were playing once a month before, because it was so hard to get everybody to agree to it. Now it’s just like, if I don’t want to leave my house, or if I’m in a hotel, but I have three hours, yeah, I’m logging in, and I’m playing D&D. You have a hybrid situation. We are basically just one session left of our massive Dungeon of the Mad Mage campaign.

**John:** Which has been four years, five years?

**Craig:** It’s just been endless and wonderful in its own way. Lot of memories. Then what comes next will be really interesting to see. I’m in Canada, so it’s going to have to be remote for a while, where we all just log in, or we do a hybrid. Sometimes everyone sits around a table, and then there’s a laptop down there with a talking head.

**John:** I was out with COVID once, and so I Zoomed in for that because I had COVID.

**Craig:** Zoomed in, exactly.

**John:** I would say you have to have enough people for that to work. If it’s a group of really just four people, you can probably find times for all four of those people to be together. We would submit to those online calendar services where you would say what dates are you available, and everyone clicks the same link, and they can figure out what times you can actually all get together, either in person or online. It’s worth trying to find ways to stay together and to keep the momentum going. Cool.

**Drew:** Great.

**John:** It is time for our One Cool Things. My One Cool Thing is a show I saw this past week, Just For Us, by Alex Edelman. I saw it down at the Taper. I think it’s closing the Taper now. I think the time has run out for it. I know it’s coming to Boston, Berkeley, Detroit, Chicago. If it’s in one of those cities, you should see it.

The show is a one-man show. He’s a writer-performer, sort of like Mike Birbiglia, who’s been on the show a couple times. Alex was also a staff writer on TV shows before this. The premise of this, and I won’t spoil too much of it, is that he decides to attend this meeting of white supremacists at an apartment in New York City. That’s the central event, and then he’s jumping off to all these different stories and anecdotes about how it all fits together in his Jewish identity.

What I loved about it structurally… And it’s so interesting to study how you delineate and perform a bunch of different characters in a one-man show, and the choices you make about how you’re going to do that. With him, it was a lot of location-based stuff. It’s like, that stool represents this person; this stool represents this person. So he doesn’t have to do all the voices, but now he’s in this person’s role and that person’s role. And also, how you establish the present tense of the main story and then go off to all the little anecdotes and detours and still bring you back in that. I’m sure that was a situation where there was a written plan, and then in performing it, you realize how far you can pull that string before you have to come back to the main storyline. If you get a chance to see it, Just For Us, by Alex Edelman. I really enjoyed it.

**Craig:** Where is that running again?

**John:** It was at the Taper.

**Craig:** Taper.

**John:** Now, I think it’s last few days, so by the time this comes out, it may have closed down, unless they added some more dates. But new cities it’s coming to, and I’m sure it’ll be filmed at some point.

**Craig:** It’ll be on Netflix. Amazing. My One Cool Thing was a device that I used yesterday for our Thanksgiving feast. My friend Josh Epstein brought it. He’s a theatrical lighting designer, very technically oriented guy, but also, like me, the chef in the family. Our two families do Thanksgiving together. Our wives, lovely as they are, are not allowed to cook. We do all of it. The two of us love surfing the cooking trends for Thanksgiving. We were on the spatchcock train pretty early, which again, I just have to say, if you’re not spatchcocking your turkey, you’re just doing it wrong. It took an hour and 15 minutes.

**John:** It’s crazy how fast it is to cook a turkey that way.

**Craig:** It’s just wonderful.

**John:** Cutting out that backbone makes a lot of difference.

**Craig:** Poultry shears, bone, done.

**John:** It is brutal cutting it out, but once, you’re done.

**Craig:** If you have poultry shears, takes three minutes. That’s the key. If you’re using regular kitchen shears, impossible. Poultry shears, easy. It’s incredible what the right tools will do. One thing that he brought this year, because what we did was… We love heritage turkeys. We each got two heritage turkeys that were smallish medium, because one big, huge turkey’s kind of annoying, because people want some more white meat, and they’re like, “Oh, look, we have all these massive turkey legs that nobody really wants.” We put them in. They were both spatchcock, brine, put them in.

He brought this thing that was so cool. I think, John, you in particular would love this. It’s called the Weber Connect Smart Grilling Hub. It’s a little black box receiver. You can put some temperature information on it. But of course, like everything else now on the internet of things, you have an app for it. What I loved about this thing was it had inputs for four different probes. We were able to have two probes for both turkeys’ white meat and two probes for both turkeys’ dark meat. The probes come out of the oven and go into this thing. It tracks on a graph as it’s cooking.

**John:** That’s great.

**Craig:** The one that I had was maybe three pounds heavier than the one he had. It was just a little bit longer to cook. It was consistently, as they both rose up, the delta between the two lines was perfect. We were so happy with it. There was no confusion, like, “Oh, is it done? Is it not done?” No. It’s done.

**John:** You’re constantly opening the oven to check whether something is done enough, but then you’re losing the heat of the oven.

**Craig:** You’re losing heat. This one was like, you just knew. You’re like, “And done.” Take it out. Boom.

**John:** Love it.

**Craig:** It was flawless. Love that. Great technology. You don’t cook, do you? You have that “I don’t cook” face.

**Drew:** Oh, no, I feel like I-

**Craig:** Oh, really?

**Drew:** I try most of the time. I’m not amazing. I didn’t grow up in a house that cooked.

**Craig:** What did you do about Thanksgiving?

**Drew:** I went to John’s.

**Craig:** Of course you did.

**Drew:** I let John cook for me.

**Craig:** Of course. Did you make the turkey, John?

**John:** There was no turkey in our Thanksgiving.

**Craig:** Are you a vegetarian?

**John:** No. We had duck.

**Craig:** Oh, duck.

**John:** Yeah, we had duck confit.

**Craig:** I love duck confit.

**John:** I think I may have pitched this on an earlier show. We just decided turkey, even with all the technology, even with all the brining and everything else, it’s good, but it’s never fantastic. Duck confit is fantastic.

**Craig:** Duck confit is one of my favorite foods in the world.

**John:** Absolutely. We get it. It comes canned from France. You pull it out of the can, you heat it up, and it’s done.

**Craig:** And it’s done.

**John:** It’s delicious.

**Craig:** I want to try and make some homemade duck confit.

**John:** Great. Go for it.

**Craig:** I’m going to make it.

**John:** You should do that, and then you should try the canned duck confit and tell me whether it was worth it.

**Craig:** The canned duck confit will be better. But I just love trying.

**John:** Great.

**Craig:** Because they do stuff that you just don’t know to do, because they’re French. Duck confit is exactly the kind of thing that you can package and redo. That’s no question. But I’m going to try it.

**John:** My big Thanksgiving adventure was I did Claire Saffitz’s sweet potato rosemary rolls. They’re like a Parker House roll that had sweet potatoes and rosemary. It turned out great.

**Craig:** Sounds delicious. Happy Thanksgiving to everybody.

**John:** Happy Thanksgiving, everybody.

**Craig:** This is our, what, 19th Thanksgiving with you at home?

**John:** It’s a lot. That is our show for this week. Scriptnotes is produced by Drew Marquardt. Thank you, Drew. Edited by Matthew Chilelli.

**Craig:** Indeed.

**John:** Outro this week is by Alex Winder. If you have an outro, you can send us a link to ask@johnaugust.com. That’s also a place where you can send questions like the ones we answered today. You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts and sign up for our weekly newsletter called Inneresting, which has lots of links to things about writing.

We have T-shirts and hoodies. They’re great. You’ll find them at Cotton Bureau. I’ve not seen any of the Scriptnotes University T-shirts out in the wild. I want to see those next. Those are good. You can become a Premium Member at scriptnotes.net, where you get all the back-episodes and Bonus Segments, like the one we’re about to record on the intro to our book. Craig and Drew, thank you so much.

**Craig:** Thank you.

**Drew:** Thanks.

[Bonus Segment]

**John:** Craig, so the book is in good shape. All the chapters are there on the grid. I need to go through and do some cleanup on a lot of stuff. A lot of my December will be work there. One thing we do not have mapped out at all is an introduction to the book. I thought you and I could have a discussion that could become the basis for this introductory chapter.

To start by, the question is, why write a Scriptnotes book at all? What is the purpose of a Scriptnotes book? What do you hope this can do for the aspiring writer, or for anyone interested in film?

**Craig:** After all this time, we have accrued so many hours that our normal advice, which is, “Oh, do you want to learn about screenwriting? Just listen to the free podcast we do,” doesn’t really apply anymore. It’s not possible. It would take too long. Also, there’s repetition.

**John:** People do it, but still, it’s a-

**Craig:** It’s not what I would call an efficient process at this point.

**John:** You can’t refer back to a podcast. You can’t go back to this moment.

**Craig:** That’s right. It would be excruciating. Putting together our best hits in a book, it feels like we’ve kind of boiled down the essence. It is, I think, a wonderful reference. People will ask me, “Hey, can you give me some tips? Can I have coffee with you and pick your brain?” I say, “No, because I’ve done a podcast for free for a decade.” But I realize it’s not super helpful. Now, I can just say, “Here’s a book. Actually, buy a book.”

**John:** Buy the book. Please buy it.

**Craig:** Buy the book.

**John:** Don’t pirate online. Let’s talk about books, and how we feel about books about screenwriting, because I feel like I have a mixed history with books about screenwriting. I read Syd Field as I first started here. It was my first introduction to what the form is like. I never read Save the Cat! People love Save the Cat!, but I’ve always felt like these were people who did not actually know what they were doing talking about screenwriting.

**Craig:** Yes, and those books were very much practical, how-to, so, “Oh, you want to be a screenwriter? Here’s a bunch of rules that you as a not-screenwriter can follow, and you’ll be a screenwriter.” We know that that’s not true. We’ve never really set out to be that.

What we, I think, have done is provided a lot of peripheral wisdom that we’ve gleaned over the years doing this job, that will help inform people in a creative way. People that are actually capable of doing this – and they’re out there – will be, I think, tremendously assisted by this, because it’s not prescriptive. It is descriptive. It’s just telling you what our observations are and giving you choices.

When we say, “Here’s a chapter about conflict,” we’re not saying this is how you write conflict. What we’re saying is, “Here are different kinds of conflict. Here are the ways you can approach it. Here are some things you should try and avoid. Here are some traps we’ve fallen into.” To me, that’s how you learn, not by a book writing a chart.

**John:** It’s interesting you brought up conflict, because that was the chapter I just went through. It’s a really good chapter. I’m really happy with it. Looking at the points in there, I think you probably mapped out the six kinds of conflict that are there, and then we had a discussion about them. It was better than what you by yourself would’ve done or what I by myself would’ve done. It’s really a synthesis of both of us.

One of the big challenges for Drew and for Chris and Megana, who’s also been working on this, has been how to find a census of voice between the two of us, because we generally are on the same kind of wavelength, but we don’t have quite the same voice. I also think about our intended reader, who may be a little bit different than our average listener is. Craig, who do you hope reads this book?

**Craig:** Who I hope reads it, people who are aspirational and serious about trying to do this professionally. But that doesn’t mean that I don’t think it’s inappropriate for other people. This is a perfectly fine book if you’re a hobbyist. This is a perfectly fine book if it’s a little side thing you do that maybe one day might work. It’s a perfectly fine thing to do if you’re having a midlife career shift and want to approach this.

But mostly, the people that I want to be the Catcher in the Rye for are people in film school who are being mistaught, and who are paying dearly for the privilege of being mistaught. I would like them to read this. I would also like the people who teach in schools to read this. It’s a little frustrating to me that, again, a lot of these schools collect massive amounts of tuition, and sometimes we get sent screen caps from classrooms with our stuff on the board. I’m glad our stuff is on the board. It’s just annoying that other people are getting away with charging tuition to regurgitate something on a free podcast. Now you get it regurgitated here in this beautiful book. But I think it’s an excellent companion, hopefully, for people who are learning.

**John:** When I started my blog, I always said that my idealized writer was the kid in Iowa, growing up, who was curious about screenwriting and had really no way to really get into it. I would say that’s still true for the book, but also the Julia Turners out there, who are really interested in screenwriting and stuff, but they’re not going to ever write a screenplay themselves. It’s not their goal, but they really are curious about what goes into the craft and the business of it all.

The basic kind of chapters we’d find in there, there’s really three big categories you could put them into. First is topic chapters, which would be about conflict or getting notes or-

**Craig:** Craft.

**John:** … craft and business. We have the interview chapters, where we’re talking with filmmakers, which is really practical advice about how they navigate all this stuff. Then we have our deep dive chapters, where we really go deep on one movie, like Raiders of the Lost Ark, talking about how it works. Those feel like the kinds of things you need to understand in order to get started in this business.

**Craig:** You’re actually prompting me now to think of somebody else I would like to read this book.

**John:** Who?

**Craig:** Critics.

**John:** Yes.

**Craig:** Critics, our budding critics, fully fledged critics. I think having insight into how things are created helps you have insight into why you do or do not like the thing that you see. Certainly, understanding how the business functions may help people more accurately write reviews. When they say, “Oh, the dialog is clunky; the screenwriter must be bad,” or not, or maybe a screenwriter was bad, but it’s not the one that you see credited, or who knows?

There are lots of things that I hope people can glean from that about how we go through the discussion of creating work, but also, even how we break down stories, how we think about stories, which is different, generally, than how critics do. It might make them better. It might.

**John:** One thing that’s been so different working on this book versus the Arlo Finch books is Arlo Finch is designed to be read from beginning to end. It had a consistent narrative flow to it. There are some nonfiction books that are like that, where basically, this chapter builds on a previous chapter builds on a previous chapter. Here, that wasn’t really possible. The organization of which chapter goes after which chapter will hopefully have some kind of connection. We’ll try to put in a filmmaker chapter that is a little bit related to what we just talked about in one of these other things.

The better reference for me is the Player’s Handbook from D&D. You can constantly refer back to this thing. If you want to look, like, “Oh, I’m stuck on this moment. What is theme again?” it’s like, “Oh, I can go back to the theme chapter.” We can talk about what theme is. You can read it independently of having read the rest of the book.

**Craig:** It’s a bathroom book.

**John:** It is a bathroom book is really what I’m trying to-

**Craig:** This is a bathroom book.

**John:** No shame in a bathroom book.

**Craig:** We don’t mean for the bath. It’s a toilet book. I love books like that. They’re great. You pick them up. You just open them anywhere, start reading. Fine. Good.

**John:** Good.

**Craig:** Bathroom book. Great Christmas gift.

**John:** Great Christmas gift for 2025.

**Craig:** For 2025, yeah, exactly.

**John:** In 2025, your gift-giving needs are set.

**Craig:** Put that under the Christmas tree next year.

**John:** Next year. Great. I think we have enough material here to start a chapter, and Chris and Drew can get going on it.

**Craig:** Fantastic. Can’t wait for people to read what I just said, on the toilet.

**John:** Thanks, guys.

**Craig:** Thank you.

**John:** Bye.

Links:

* [The Strange $55 Million Saga of a Netflix Series You’ll Never See](https://www.nytimes.com/2023/11/22/business/carl-rinsch-netflix-conquest.html) by John Carreyrou for the New York Times
* [Digital background actors in Disney’s Prom Pact](https://x.com/caiden_reed/status/1712403348597694692?s=20)
* [Sacking, revolt, return: how crisis at OpenAI over Sam Altman unfolded](https://www.theguardian.com/technology/2023/nov/25/how-crisis-openai-sam-altman-unfolded) by Dan Milmo for The Guardian
* [Alex Edelman: Just for Us](https://www.justforusshow.com/)
* [Weber Connect Smart Grilling Hub](https://www.weber.com/US/en/accessories/smart-grilling/weber-connect-smart-grilling-hub/3201.html)
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [Check out the Inneresting Newsletter](https://inneresting.substack.com/)
* [Gift a Scriptnotes Subscription](https://scriptnotes.supportingcast.fm/gifts) or [treat yourself to a premium subscription!](https://scriptnotes.supportingcast.fm/)
* Craig Mazin on [Threads](https://www.threads.net/@clmazin) and [Instagram](https://www.instagram.com/clmazin/)
* John August on [Threads](https://www.threads.net/@johnaugust), [Instagram](https://www.instagram.com/johnaugust/?hl=en) and [Twitter](https://twitter.com/johnaugust)
* [John on Mastodon](https://mastodon.art/@johnaugust)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Alex Winder ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Drew Marquardt and edited by [Matthew Chilelli](https://twitter.com/machelli).

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/620standard.mp3).

Scriptnotes, Ep 183: The Deal with the Gravity Lawsuit — Transcript

February 17, 2015 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2015/the-deal-with-the-gravity-lawsuit).

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

**Craig Mazin:** Uh…I am John August.

**John:** You’re not the only person who can change things up.

**Craig:** My name is John August.

**John:** Yeah, but it’s really not. He’s Craig Mazin, I’m John August, and this is Scriptnotes, Episode 183. Scriptnotes is a podcast about screenwriting and things that are interesting to screenwriters.

**Craig:** Look at this, you’ve shaken me up, you’ve shaken yourself up.

**John:** I know. Everything is upside down and topsy-turvy.

**Craig:** It’s crazy. The world has gone mad.

**John:** Before we get into the world going mad, one mad thing that happened this week is our insurance company was hacked.

**Craig:** Everyone’s insurance company, basically. Yeah, so no doubt you’ve seen the news. Anthem, which is a massive provider of health insurance to millions and millions and millions of Americans was hacked. They have yet to really indicate — they’ve indicated the scope of it. They’ve said about 80 million people, so not that many.

**John:** No, just a few.

**Craig:** Basically everyone. At that point I would say 80 million people, we’re discounting children, so everyone’s information has been hacked, possibly by the Chinese they’re saying. It wasn’t clear if they meant hackers who were Chinese, or the Chinese government. But, regardless, here is the deal — all of the major SAG, AFTRA, DGA, and WGA, our health plans, are funneled through Anthem.

The DGA sent an email — the Writers Guild did as well — and the long and short of it is that they don’t really know much yet beyond what Anthem is saying. Anthem is saying that they’re going to send out letters to people letting them know if their information was compromised, which I think is a fair bet.

**John:** That’s a fair thing to do. So, we’re recording this on Friday, February 6, so by the time you listen to this podcast may information may come out. But the information may include mine and Craig’s Social Security numbers, so who knows?

**Craig:** Yeah, great. I did take with Chris Keyser today who is the president of the Writers Guild of America West and he confirmed that they’re trying to figure this out. The only possible silver lining is that for the DGA and for the WGA, I assume it’s the same for SAG although I don’t know, Anthem actually doesn’t provide the health insurance. Anthem is processing some of it. I guess the deal is that because our plans are fairly small, for instance, the Writers Guild health plan — I don’t know how many people are members, but we’re talking under 10,000 I would imagine. That’s very small.

So, the health plan insures us — our health plan insures us. But they use Anthem’s purchasing power to get better rates and things. So, there is a question as to how much of our information actually gets funneled to them. There is a hope — and I’m basing this just on the fact that it’s possible — that what Anthem has from us are our names, addresses, and our health plan numbers, which aren’t Social Security numbers.

**John:** Okay.

**Craig:** But, I mean, we just don’t know yet.

**John:** It’s going to be a mess.

**Craig:** It is currently a mess and everyone is saying, well, you know, you’ll get free credit protection. You know, these credit protection things, you know they don’t work, right?

**John:** Yeah, it’s basically an alarm. Basically like, oh, something is happening.

**Craig:** It’s not even that good. To me, as far as I can tell looking at what they provide, it’s more like you hired a security guard and when you get home he’s sitting there in a chair, on your lawn, drinking. Going, yeah, someone broke in.

**John:** Ooh.

**Craig:** Yeah, they took some stuff.

**John:** But someone has a job.

**Craig:** Right. [laughs] But somebody has a job. So, anyway, it’s the end.

**John:** It might be the end.

Today on the podcast we are going to be talking about the deal with the Gravity lawsuit which has been one of the most tweeted things that I’ve actually had in the last maybe six months. Like a lot of people asked me about it, and kept asking me about. And we promised that we would speak about it on the show today. So, we are going to spend most of the episode really talking through it because it’s a fascinating way of looking at what are contracts, what’s chain of title, what are books, what are movies. And so we’re going to spend a lot of time on that.

But I want to talk a little bit about writing, because that’s a thing that Craig and I both did a lot of this week. Craig, how was the writing?

**Craig:** Frantic and fast-paced, but so far so good. I’m in one of those production rewrite things where, you know, I finish 15 pages and turn it over to director and a production manager or studio executives, producers. It’s wild and wooly. But so far so good.

**John:** And I am in the opposite situation where I am in a first draft and I’m at a place now where I’ve assembled things together. It’s not all written, but like a lot of stuff is being assembled and there is still stuff to write. And I had to do this thing which comes up occasionally which is not my favorite thing is I had to start cutting stuff, which is normally I would love to write the whole draft and then like cut the stuff that should get cut. But I started to recognize like, oh wow, if I don’t cut this now, I’m going to be writing stuff that’s going to have to payoff — I’m going to try to payoff things that aren’t going to be in the movie.

**Craig:** Right.

**John:** It’s one of those situations where I think most writers who have written a couple of movies, you have encountered this where you’re still in that first draft but you’re recognizing that thing I wrote can no longer fit because it just can’t be there anymore, which is both sad because they’re like lovely little scenes and they’re moments that are no longer going to be part of the movie, but very, very necessary.

**Craig:** Yeah. I am far more of a cutter I think, just inherently, a writer-cutter. As I go I get really parsimonious about stuff at times, maybe too much, so it’s good to have somebody working with me who can read it and say, no, no, no, you’ve hit bone there. You don’t want to do that.

It is true. The process is one — sometimes people will say, “This is not the time to worry about that. Go ahead, explore, right what you need.” And I do, I want to, but there is — I was listening to Lord and Miller, Philip Lord and Chris Miller, were talking at an event last night. And they were talking with Damien Chazelle. They were talking about the theme of Whiplash which was, you know, do you have to suffer for your art. And something Phil said that was really interesting to me, he said on the one hand he’s always appreciated people who are incredibly encouraging of everybody because there is something in there that only survives in the environment of encouragement, even if it’s just you writing.

But that rigor is essential. And that word rigor I think is why at times we need to cut while we’re writing.

**John:** So, some strategies if you find yourself in this situation. And they could be when you’re done with a draft, or as you’re writing, is there are moments that I needed to cut out, including something I talked about on the show this last week which was that police interrogation which I was so proud of. I had written a great police interrogation scene that was different than anything I’d seen before. And I cut it last night.

**Craig:** Ooh.

**John:** I was supposed to be at the same event with you last night and I was writing and I cut the scene. So, if you’re going to do that, make a new file, call it Trim, and then the name of the scene, and paste that stuff in there. So, at least you’ve held onto it. It’s still there if you ever needed to go back to it. It’s existing in its own little universe. You remember that it’s there. But that scene that I was so delighted with, I recognized that it was, while I love it, it wasn’t absolutely essential. And it became time in the script that I needed stuff that was absolutely essential.

**Craig:** I do love that advice, though. I do that all the time. If I’m going to take out any significant chunk of something, I always save it in its own little file because you never know. And at times, that has come in handy.

**John:** What I was looking at in terms of pacing in this project I’m writing right now is a lot of times we talk about we’re not in Kansas anymore, so basically at the end of the first act and you come into your second act, it’s like Dorothy when she reaches Oz. Like, oh, we’re not in Kansas anymore. We’re in a whole new world. And my script got to Kansas really well, but then I recognized that, wow, I’m spending a lot of time with the Munchkins of Lollipop Guilds.

And so I needed the characters to sort of hit the road. I needed the things that needed to happen to happen. And there was just more setup that wasn’t going to be able to be paid off. So, those were the brutal scenes I had to cut last night.

**Craig:** Well, it’s part of the gig.

**John:** It’s part of the gig.

Let’s get to our big topic this week which is the lawsuit over Gravity and sort of what the situation is.

**Craig:** And we got bombarded by everyone on this one.

**John:** Yeah. And it felt like it was a slow trickle, so like a few little hits and then three days later I’d get another nine little bursts of things. And not just from our normal screenwriters. It was actually a bunch of novelists and sort of other fiction writers who were tweeting me saying what’s the deal with this. And even some DMs from like people who were genuinely freaked out. So, let’s give some context here.

We’re all familiar with the movie Gravity, directed by Alfonso Cuarón. It stars Sandra Bullock. It was a giant hit. There is also a novel called Gravity which was written by an author named Tess Gerritsen. And she’s not a random crank. She’s actually written a bunch of books, including a series of books that became the basis of Rizzoli & Isles, a TV series that I never saw. But it’s real.

**Craig:** It’s got —

**John:** Angie Harmon.

**Craig:** Yes, thank you. And also the other one.

**John:** Yeah. And now you have to tell me which character is which character.

**Craig:** From ER. I think it’s Julianna Margulies?

**John:** That’s not her. No, Julianna Margulies is on The Good Wife.

**Craig:** Oh. Oh, geez. Man, who’s on — I’m looking it up right now. [laughs]

**John:** Okay, while you look it up, I’ll continue on with this. So, on April 29, 2014 —

**Craig:** Sasha Alexander. I’m so sorry, Sasha Alexander.

**John:** I don’t know who Sasha Alexander is.

**Craig:** Oh. Oh. Yeah, she’s Medical Examiner, Dr. Maura Isles.

**John:** The other one is Rizzoli.

**Craig:** She does, by the way, looks nothing like Julianna Margulies. And Julianna Margulies is on a bit hit show. [laughs] This is like — it’s just a failure, a remarkable failure.

**John:** But everyone who is a fan of the podcast knows you don’t see any television or movies.

**Craig:** None.

**John:** None. So, the fact that you pulled Julianna Margulies out of the air, it was just kind of remarkable in and of itself.

**Craig:** Because I saw her in NYPD Blue, right?

**John:** I think you get a gold star for just even knowing who Julianna Margulies was.

**Craig:** I really do think that I’ve achieved something. Anyway.

**John:** So, Tess Gerritsen, the author, she filed a lawsuit on April 29, 2014 and she sued Warner Bros claiming that she was owed money for the film Gravity. And then on June 20 Warner Bros filed a motion to dismiss that lawsuit. And then just very recently, on January 30 of this year, the US District Court issued a ruling that seemed to mostly agree with Warner Bros saying that, yes, the suit is going to be dismissed, but there were some caveats in there that we’ll talk about.

**Craig:** Right.

**John:** But most of what people were tweeting at you and me about wasn’t about the lawsuit per se, but really one blog post that Tess Gerritsen had written about the lawsuit, and this is what happened this last week, and the repercussions. And so I read this, I read people’s responses, and I emailed you, Craig, saying like, well, maybe we should have Tess Gerritsen on the podcast.

**Craig:** Right.

**John:** And you said?

**Craig:** Uh, no. Because, and the reason why is not because — it makes sense to have her on the podcast, but it seems to weird to have one side of this argument on the podcast and not the other side. It would start to become a bit lopsided and biased of a discussion. And there is no chance that Warner Bros is going to be sending a lawyer to talk to us about this on our podcast.

I mean, frankly, the actual other party that would be of interest would be Alfonso Cuarón, who I also doubt would be available for the podcast. So, I thought that maybe we should sort of stay in the more neutral zone.

**John:** I think the neutral zone is a perfect place for us to stay. And the reason why I really want to talk about this case is that actually it gives us an opportunity to talk about contract law and what authors do and what adaptations are like. And we can sort of take what she’s written in her blog post and really look at it from that perspective.

If we had her on the air, we’d have to be sort of talking with her. And here we can sort of take the word she’s written and what everyone else is saying and have a discussion about what it actually really means.

So, if this were a blog post we were doing ourselves, it would be one of those things where we do a lot of block quotes, where we like sample from her things and put a block quote and then respond to it. That’s really awkward to do in a podcast. So, what I did is I asked a friend of the show, Christy Miller, if she would record just some snippets from Tess Gerritsen’s blog post so we could play those, you can hear it in not Tess Gerritsen’s words but in Christy’s voice so we could actually respond to what she was saying there and talk through the issues that are being brought up.

**Craig:** Very clever.

**John:** So, let us do the first of these clips. This is from Tess Gerritsen’s blog post about the lawsuit.

**”Tess:”** In 1999, I sold the film rights to my book Gravity to New Line Productions. The contract stipulates that if a movie is made based on my book, I will receive ‘based upon’ credit, a production bonus, and a percentage of net profits.

**John:** Great. So this is talking about she sold the rights to her book and let’s just sort of dig in on what that actually means. And it’s one of the unique things about this court case is all this stuff is public record. This has all been filed, so you can actually read what that document looks like. What does it look like when you sell your book to a studio?

Well, we have a link to it. So, in the show notes we’ll link to the actual contract for her sale of the book to this company called KATJA which was a subsidiary of New Line.

And have you looked at it, Craig? It’s a pretty standard contract. It’s 12 pages long with a lot of additional exhibits and things about music rights and publishing and other stuff. She notarizes it. You see where she signed it. But it’s a straightforward contract.

**Craig:** Yeah, it is. And this is why for those of you listening along who might be wondering well why — what’s in this for me? What in this podcast is of value for me? This suit is going to help us explain quite a bit of how the machinery of this business actually works. So, listen carefully because there’s a lot of good stuff here as we go through.

So, yeah, a novelist has copyright in their novel. Tess Gerritsen owns copyright in her novel. Unlike, for instance, screenwriters who almost exclusively work on a work-for-hire basis for the companies where they commission a work to be created by us, but they retain copyright. So, in the case of somebody who owns the copyright of a novel, they’re not giving their novel to New Line and saying you now own this book, you’re the author of the book. No, no, I am the author of the book. However, I’m licensing through a sale the rights to make a film of this book. And when you license the rights to make a film, almost always they are exclusive rights, of course. Why would anybody buy the rights to make a book that somebody else could also turn into a movie?

And then there is a negotiation of other rights that may be incorporated, how long you get to hold onto the rights, do you have the rights in the United States, over the world, throughout the universe? They literally will say throughout the known universe at times in case they start opening up IMAXs on Mars. And the idea being that you’re going to get money either if they decide to make the movie out of your book, or you may get money, period, the end. In this case, she gets some money, right, right off the bat?

**John:** Yes.

**Craig:** And then there is additional compensation that is provided to you if in fact the company does go ahead and make a movie of your book.

**John:** And we could see right here in this contract she is paid $1 million for the film rights to her book.

**Craig:** Which I’ve got to say, that’s a big sale.

**John:** That’s a huge sale. That would be one of the biggest sales of the year. And I should remind everybody, this is 1999. So, this is 16 years ago that this happened.

**Craig:** Yeah, that’s a big sale.

**John:** That’s a big sale — in any year that’s a big sale. And there’s also a $500,000 production bonus if the movie goes into production. There is backend in there, which I didn’t look through really carefully, but Craig and I will just tell you in general the backend is going to be meaningless. Even on a movie as successful as this, it’s unlikely she would see net profits out of a movie like this.

**Craig:** Yeah. Net profits are sort of the imaginary things that — now, we should also mention that when she sold this to New Line, that New Line was technically part of Warner Bros, but here’s what was going on at the time: New Line existed as its own company and then in 1994 it was bought by Ted Turner, by TBS. So, they were not part of Warner Bros. In 1996, three years before this occurs, TBS, Ted Turner’s company, merges with Time Warner.

Now, interestingly, at that time there were some companies that were part of TBS like Hanna-Barbera and Castle Rock, which became full functioning units of Warner Bros itself. But, New Line was not. New Line, although it was owned by this parent company Warner Bros, was kept as its own entity until quite recently, about four years ago, or five years ago, or something like that.

So, it had its own kind of control within this parent company.

**John:** Yeah. If you look at the contract, the contract is between Tess Gerritsen and KATJA, but it’s care of New Line. So, this KATJA, which you will see referenced a lot, and New Line, I think we’re safe to look at them as being one entity.

**Craig:** Yes.

**John:** What’s going to become an issue later on is whether New Line and Warner Bros is one entity. That becomes a big issue.

**Craig:** Correct.

**John:** Now, let’s talk about, this is an outright sale. So, it’s $1 million for the film rights. They write a check and they own the film rights from that point forward. This isn’t an option. And if this had been an option, they would be paying her some money to hold onto the rights for a period of time, or to hold on to the chance to buy the rights at a certain price for a period of time. That was actually probably much more common for both spec screenplays that are sold and for novels that are sold is that for a period of 18 months, three years, you get to hold onto the rights to this thing and you can’t sell them to somebody else. But we don’t have to write you a giant check right now.

In this case, they wrote her a giant check.

**Craig:** They wrote her a giant check and what that tells me — this is conjecture — is that in 1999 when she went out with this book, that there was a bidding war. It tells me that multiple studios were interested, so the seller, in this case Ms. Gerritsen, had quite a bit of leverage. And that she was saying, look, I don’t have to option it to anybody. Somebody has to actually pay me for this if they want it. And New Line must have thought, yeah, we’re making this movie. Nobody spends $1 million on a book if they’re not going to make the movie.

Granted, in 1999, there was still a very healthy DVD market. An enormously healthy DVD market. And things were a little, well, the money ran a little more fluidly back in that time.

**John:** Definitely. So, let’s also talk about what chain of title means, and this is where the chain of title begins. And chain of title does not refer to the title Gravity, which is not the title of the movie. Chain of title is more like the title to your car. It is ownership of a property. And the chain of title begins with the original copyright holder, which is Tess Gerritsen, and then the chain of title on the film rights to it through this contract has been vested in New Line and KATJA, this production entity.

**Craig:** Yeah. Chain of title, and people get really confused because of the word title, and I don’t blame them. Because a lot of times you can tell what the chain of title is by the title of the project, you know. But in this case to be really clear, because it’s going to start to get confusing, title is really nothing more than your interest in certain rights. And why it’s important in this case is because when you are told something contractually like if we make a movie from your book you’ll get this, then a movie gets made, you need to be able to say that movie was part of the chain of title of this project.

You took my rights to my novel, you then hired somebody to write a screenplay based on my novel, you then hired somebody to rewrite that guy. Then somebody rewrite that guy. Now, you’ve made a movie. I can follow the chain all the way back to your initial interest in the title, meaning the rights to my novel. Therefore, you owe me the money.

**John:** And clearing the chain of title, which is that term you go through for making sure that you actually have the rights you think you have to something, can be incredibly complicated. And sometimes it will hold up — contracts will hold up a production or development because they’re trying to make sure all that stuff is done and done properly. Because when it’s done improperly, it can be a huge disaster.

**Craig:** Yes.

**John:** Quite famously, the Dukes of Hazard movie, it turned out the chain of title was not clear and the Dukes of Hazard, the TV show, was based on some other property and they hadn’t gotten that property properly and it became a very expensive thing for, I think it was Warner Bros.

**Craig:** It was.

**John:** And I can also tell you from personal experience, I wrote an adaptation of Barbarella, and it became clear between the first and second draft that the chain of title was impossible to clear and that different people could claim different things about whether they had the rights to make the movie. And that froze it, because no one wanted to spend any more money because they were pretty sure they would never be able to make that movie.

**Craig:** Right. So, you can’t go out there with something based on something that you don’t control from start to finish. Every link of the chain has been cleared through you. My personal experience was a very odd one. And that was the tattoo in Hangover 2, which turns out that that tattoo apparently was very similar if not exactly similar to a tattoo that Mike Tyson has on his face. And the tattoo artist improbably had specifically retained copyright on that tattoo. And it was not cleared.

So, there’s its own little chain of title of a tattoo. And he got something, as far as I know. They settled with him. Yeah.

**John:** So, in 1999 when this contract is signed, the chain of title is about as clear as you could ever hope for it to be, because Tess Gerritsen wrote the original book and New Line/KATJA bought the film rights for it. Everything is happy and good.

**Craig:** And, I should also say, that when we are hired on a project that has underlying material, that’s our term of art for everything that you are basing a movie on — a book, a song, a play, a picture, whatever the hell it is. We know that the chain of title of sure as we get our contract because it always says that they’re assigning this material to us. So, we know in our screenwriting contract, yes, I’m writing this based on this novel. It’s assigned material to me.

**John:** Yeah. Everybody remember that, because that becomes an issue quite a bit later in this discussion.

**Craig:** Yes.

**John:** All right. So, let’s talk about what Tess Gerritsen’s book actually is. And so here is how she talks about her book in the blog post.

**”Tess:”** The book is about a female medical doctor/astronaut who is stranded aboard the International Space Station after the rest of her crew is killed in a series of accidents. A biological hazard aboard ISS traps her in quarantine, unable to return to earth. While my film was in development, I re-wrote the third act of the film script with scenes of satellite debris destroying ISS and the lone surviving female astronaut adrift in her spacesuit.

**John:** All right. So, there are two things to sort of get into here. First, her description of what the plot of her book is, and then this rewrite she did which is sort of unexpected and certainly makes it seem more like the Alfonso Cuarón movie we saw.

So, let’s get into her description of it, because from that quick summary description it’s like, ooh, I can see how that’s kind of like the Cuarón movie I saw.

**Craig:** Yeah.

**John:** But then as I looked online at other people’s summaries, and these weren’t people who were weighing in on the lawsuit, these are just like summaries that existed on Amazon or on Good Reads, they weren’t quite as similar. So, I want to read you two of the summaries that I found online about her book. And the first one is from Good Reads.

“An experiment on microorganisms conducted in space goes wrong. The cells begin to infect the crew with deadly results. Emma Watson struggles to contain the deadly microbe while her husband and NASA try to retrieve her from space before it’s too late.”

**John:** So, it’s odd that her name is Emma Watson.

**Craig:** I know, isn’t that strange?

**John:** Yeah, like the actress Emma Watson. But, no, that’s just a good name. And this is the summary from Amazon.

“Dr. Emma Watson has been training for the adventure of a lifetime to study living beings in space, but her mission aboard the international space station turns into a nightmare beyond imagining when a culture of single-celled organisms begins to regenerate out of control and infects the space station crew with agonizing and deadly results. Emma struggles to contain the outbreak, while back on earth her estranged husband, Jack McCallum, works frantically with NASA to bring her home. But there will be no rescue. The contagion now threatens Earth’s population, and the astronauts are stranded in orbit, quarantined aboard the station — where they are dying one by one…”

**Craig:** Now, you can see that the summary that she provides in her lawsuit or I guess is it connected to it through her blog post has been somewhat massaged to seem more like the movie Gravity than say what other people have read. And I haven’t read the book, but certainly this from the other summaries, it does sound like this book is more of the contagion in a spaceship kind of model.

**John:** Yeah. It sounds like Outbreak in space.

**Craig:** Right. Outbreak in space.

**John:** And, by the way, Outbreak in space is totally a book that would sell.

**Craig:** It did sell. [laughs]

**John:** It did sell. Exactly. I can completely imagine why someone would buy that. And, you know, there were actually several outbreak movies that were in development at the same time. Outbreak was one.

**Craig:** The Hot Zone.

**John:** Crisis in the Hot Zone. So, I can see what that movie would be, but I think she’s very carefully crafting something that’s not leaning in towards what her book sounds like it really is about, which is much more of a medical thriller in space and less about one person drifting through the whole movie.

**Craig:** But then there’s this interesting thing where she says she rewrote the third act of the film script, so somebody else was writing the script. And then she says, “While my film was in development, I rewrote the third act of the film script.” So, and when she rewrites the third act of the film script it says here from her complaint “to assist in the development of the Gerritsen Gravity project, Gerritsen wrote and delivered additional material that constituted a modified version of a portion of the book. The additional material included scenes of satellite debris colliding with the international space station, the destruction of the space station, and the surviving medical doctor/or astronaut left drifting in her spacesuit alone and un-tethered, seeking the means rather to return to earth.”

Now, what’s interesting is what she’s saying here is that she didn’t rewrite the third act of the film script, she’s saying she rewrote additional material that constituted a modified version of a portion of the book. She’s saying two different things.

**John:** I find it strange. I also find it kind of weird that we’re not ever talking about the development of the actual screenplay. So, I think you and I know who the screenwriter is, or at least one of the screenwriters who worked on this, and his name hasn’t been brought into it, so I don’t want to be the first person to bring his name into it, but there was active development on it.

At some point she claims to have written this material. We don’t see what this material is, but she’s talking about it because it makes it sound more like Cuarón’s movie.

**Craig:** Right.

**John:** And that’s a change.

**Craig:** And this is one area where this is kind of like our version of Serial, I guess, because we’ll never know. But she says two different things. On her blog she’s saying I rewrote the third act of the film script. In her complaint, she’s saying I rewrote the book. And, now, she may have done both. So, one thing that’s interesting that has not been indicated by her complaint, as far as I know, is it doesn’t appear that she had a contract to write screenplay material.

**John:** Yeah. It’s not been introduced by her or by Warner Bros as far as I can see.

**Craig:** And if that’s the case, I mean, look, if she had she would almost certainly introduce that. So, I’m a little puzzled by this. But, let’s just take it face value that what she’s saying is, look, let’s say even if she didn’t write screenplay material, she did write essentially new book stuff. And that per her licensing agreement for the novel, New Line also had access to and the rights to this new book stuff.

**John:** Absolutely. So, I think part of the reason why she’s introducing it in this way is to make it clear that she didn’t just go off and write something else that no one ever saw that was more like the ISS stuff. She wrote it, she sent it in, and it was — to her telling of it — it constituted more of the underlying literary material from which the project was based.

**Craig:** Right.

**John:** All right. So, next, let’s hear her talk about the Cuarón movie Gravity and sort of how that relates.

**”Tess:”** Sometime around 2008 — 2009, Alfonso Cuarón wrote his original screenplay Gravity about a female astronaut who is the sole survivor after her colleagues are killed by satellite debris destroying their spacecraft. She is left adrift in her space suit, and is later stranded aboard the International Space Station. I noted the similarities, but I had no evidence of any connection between Cuarón and my project. Without proof, I could not publicly accuse him of theft, so when asked about the similarities by fans and reporters, I told them it could be coincidental.

**John:** All right. So, here she’s saying that she was aware of the Cuarón movie Gravity and she assumed that it just had to be a completely different thing because she assumed that Cuarón would not have known about her book and that it was just a coincidence.

**Craig:** Yeah. She says, “Without proof, I could not publicly accuse him of theft, so when asked about the similarities by fans and reporters, I told them it could be coincidental.” That’s not quite her saying that she actually believed it was coincidental. That’s her just saying I can’t prove that he’s stolen anything.

Now, again, this is at a point now, sometime around 2008/2008 where, in fact, Warner Bros has now fully absorbed New Line. New Line is now not its own completely independent entity. They’ve now absorbed it and there’s a much closer interaction as Cuarón begins to write his original screenplay, Gravity.

**John:** But we should point out that Cuarón is not writing the original screenplay for Gravity for Warner Bros. This project, I believe, is at Universal at this point.

**Craig:** Yes. You’re absolutely right. It is, in fact, at Universal. Correct.

**John:** And so an interesting thing, so a year ago I actually hosted Alfonso Cuarón, the conversation about Gravity. And I talked to him about the early development and I don’t have any of the audio from our talk. This was for Film Independent. There are other clips of me talking with him, but like this part didn’t make it in, at least to the stuff online.

But, I did find Dave Poland talking with him during the run ups to the award season last year — last year — two years ago? — about Gravity and sort of how this all came. So, I want to play two little short clips from David Poland talking to Alfonso Cuarón about his development of the screenplay for Gravity. So, this is with his son, Jonás Cuarón, and sort of how they wanted to write a story about adversity.

**Alfonso Cuarón:** In this one, so we sat, we started talking about the themes and the set themes and there was space and we immediately recognized the amazing metaphorical possibilities that space would offer. So, we start pretty much mapping the story and it took us like three weeks to finish the script.

**Jonás Cuarón:** The first draft.

**David Poland:** That’s not bad. Do you usually write that quickly, or — ?

**Alfonso Cuarón:** Yeah, look, I believe that screenplays they take three weeks or five years to write. And, you know, usually I prefer to do the ones that take three weeks. I would like to do something about adversities. You know, I was going through a lot of adversities and it was just — I actually was in the midst of the adversities. And in many ways sometimes you do things just trying to make sense of where you are.

And so that we defined that that was going to be the theme. So, when we started coming out with the scenarios, like the debris as a metaphor for these adversities. But then many other elements, you know, was the first image that we had was this thing of an astronaut floating into the void. And so we started discussing the metaphors of that. You know, it’s a character who is drifting towards the void, a victim of her own inertia, getting farther away from human communication. Living in her own bubble. You know, so we started having all these elements. So, there was already kind of like — that was our — our springboard for where to jump.

**John:** Okay, so that’s Cuarón’s description of what Gravity was like when he and — or his project of Gravity was like when he and his son were writing the screenplay for it.

So, right now you could say like, well, you could argue that maybe these are just two completely separate projects and Cuarón would have no idea that her project exists. But, she says, she recently learned that he did know about her project and her book. So, here is her talking about that from her blog post.

**”Tess:”** In February 2014, my literary agent was informed of Cuarón’s attachment to my project back in 2000. Now the similarities between my book and Cuarón’s movie could no longer be dismissed as coincidence. I sought legal help, and we filed a Breach of Contract complaint that April. Please note: this is not a case of copyright infringement. Warner Bros, through its ownership of New Line, also controls the film rights to my book. They had every right to make the movie ó but they claim they have no obligation to honor my contract with New Line.

**John:** So, there’s a lot to unpack here. First she says that Cuarón was attached. Craig, what does attached mean?

**Craig:** Well, in a general understanding, attached means that someone said I am interested in working on this movie. If I’m an actor, I’m interested in starring in it. You can tell people that I want to star in it. If I’m a director I’m saying, yeah, I would like to direct this. But, I haven’t been hired to do it. My interest in it is more like planting a little flag and less like actually showing up and doing a job. From a legal point of view, people attach themselves to stuff all the time and it’s simply not even papered because no services are actually rendered.

**John:** Yeah.

**Craig:** So, when she says “My literary agent was informed of Cuarón’s attachment to my project back in 2000,” what we don’t know is, well, we don’t know, A, who informed her literary agent. We don’t know, B, if that information is correct. But most importantly, C, if we stipulate that all of that is true, we don’t know the nature of his attachment.

**John:** Yeah. So, it could be anything from he read it and said like, oh yeah, that’s interesting. Or, he was like, I’m determined this is going to be my next movie.

So, I think it’s also important to look at, this is in 2000. So, let’s look t who Alfonso Cuarón was in 2000. He had directed A Little Princess and Great Expectations. Great Expectations, which was not a giant hit. This is before Y Tu Mamá También. It’s before Harry Potter. It’s before Children of Men.

So, if I were New Line would I go to Alfonso Cuarón to direct this probably expensive movie in space about a medical disaster? Maybe. Maybe I recognize that he’s so brilliant, that he’s the person who should do this, but I kind of wonder whether you’re going to him with a giant property at this point.

I’m not saying they didn’t, but it would be sort of surprising to me if he was attached in a sense of like scare-off all other directors because he’s our guy.

**Craig:** Well, that’s the problem with this phrase attachment because you never know really what it means. Sometimes people attach themselves to stuff and a studio will go, oh, have they told you that they’re attached to this? Not according to us. All sorts of funky things go on with that. But, I’m willing to extend the benefit of the doubt here and say that he was attached, which is not a — it’s nothing formal. You know, sometimes, and this is where the legal — these legalisms kind of hit the reality of the road. You know, they may say:

Hey Alfonso, what are you interested in doing?

You know what I really want to do, I’ve got this idea and I want to do this movie about a woman drifting in space.

You do? Guess what? We have a book. We have a book. It’s got that.

Really?

Yeah.

All right, let me read it. Oh, yeah, well this isn’t quite what I was thinking. This is more like, you know, Contagion — well, they didn’t have Contagion — it’s more like Outbreak in space. I’m not really thinking that. But, you know, maybe I could figure something out.

Well, you know what? We want to attach you to this and you’ll have some interest —

Yeah…okay.

**John:** To be clear, Craig is just conjecturing. We have no idea what the real situation was.

**Craig:** That’s the point. It’s all conjecture. Yeah.

**John:** And so I think what I would like to stress is that attached means maybe.

**Craig:** Right.

**John:** That’s really what it means. Because one of our mutual friends is a hot director and he’s attached to like seven projects. And so you ask him, what are you going to direct? He’s like, I don’t know. One of them.

**Craig:** Oh yeah. We hear this all the time. Sometimes you have a screenplay and the studio wants to make it and an actor says I want to do that. And then someone says, well wait a second, I hear that they’re attached to this. And then you ask them, well, how are you going to do my movie, you’re attached to that? Oh, no, no, no, that’s nothing. That’s not real.

You hear that every day. So, this idea of the attachment isn’t particularly — it’s not particularly compelling. But, what it does for Gerritsen is it obviously removes that roadblock that she felt was kind of between her and a lawsuit here.

And what she’s saying is that unlike most of the cuckoo nuts out there who say “you stole my life from me, you ripped off my script,” which is always — and 99% of the times bananas — she’s saying, no, no, no, I’m saying that what’s happened here is Warner Bros through its ownership of New Line has violated my contract. They made a movie that I believe is connected by chain of title to my book. They owe me money.

**John:** Yup. So, there’s really two ideas competing here and we don’t want to gloss over them. First off, “could not be dismissed as coincidence.” So, she’s basically saying like, oh, no, no, he saw it, I know he saw it, so you can’t just say that it was completely independent because I know he saw it. That’s not a fact we actually know, but she’s stating it sort of like it’s a fact.

And this third point which is Warner Bros, through their ownership of New Line, also controls the film rights to my book. And that weirdly becomes the whole issue here is whether they do, or don’t control the rights. What she’s I think very smartly saying in this block is, “Please note: this is not a case of copyright infringement.” So she’s trying to really lean into this sense of like I know you think I’m going to be one of those kooks who says that my book was stolen, and it wasn’t. It couldn’t have been stolen because Warner Bros owns it through New Line. And weirdly the case is about, well, maybe they didn’t. Or maybe they didn’t in the way that we sort of think they did.

**Craig:** Well, yes. Now, she’s also doing something — and her lawyers — are also doing something kind of clever here with this as well that’s a little more subtle. When she says this is not a case of copyright infringement, in addition to separating herself from the pack of lunatics, she’s also doing a little bit of a sleight of hand — these are not the droids you’re looking for.

In fact, down the line somewhere that’s exactly what’s going to need to be figured out. And here’s why — what she’s arguing is, hey look, Warner Bros is saying that they don’t have any responsibility for their contract with me because that’s a contract that was made with New Line, it had separate management, not them, they’re not responsible. Which, by the way, the judge has agreed with. They’ve agreed with Warner Bros’ argument there.

And she’s saying, no, no, no, but we’re going to come back and show that, in fact, they do control the film rights. If she is successful in that, that’s not going to be enough. Then, she’s going to have to show, okay, fine, okay, the judge has said we’re responsible for your contract. Great, we’re responsible for it. Still, this is a different project.

**John:** Yeah. So, it’s just the stage one. Let’s talk about what the judge actually did rule in this case. This is judge Margaret Morrow. And this is from her decision. I’ll just read one little quote here. “Even when her allegations are construed in Gerritsen’s favor, it is apparent that she cannot plausibly allege a claim under traditional contract law theories. Gerritsen pleads that she entered into contract with KATJA and New Line that entitled her to payment if KATJA produced a motion picture based on her book. And that Warner Bros, not KATJA, produced a film that is allegedly based on her book.

“No plausible inference arises from these allegations that Warner Bros was a party to the contracts or that KATJA produced the final film. Thus, absent an alternative theory of liability, Gerritsen’s claims must be dismissed.”

**Craig:** Yeah.

**John:** So, Morrow’s decision is about 48 pages long. It’s super long. And in it Gerritsen is now allowed to file an amended complaint within 20 days, so probably ten days from now. And one of the things that Gerritsen is seeking is discovery. Gerritsen is seeking the ability to look for things that sort of bolster her claim that this has happened, that it’s based on this. And Morrow is saying basically, no, like you haven’t shown enough facts to lead to discovery.

And there’s a quote here which is from somebody else, but I thought it was a really interesting quote. “The court will not unlock the doors to discovery for a plaintiff armed with nothing more than conclusions.”

**Craig:** Right.

**John:** So, basically saying like you kind of want to go fishing but I’m not going to let you go fishing because I think you don’t have enough to bolster your claims here.

**Craig:** Yeah. I mean, and just to make it really clear — that quote that you said was not from Judge Morrow.

**John:** That’s not Morrow. She’s quoting some other decision.

**Craig:** Right. But that’s what it comes down to. I mean, look, discovery is a really powerful thing. When you are involved in a civil case, discovery means, yeah, I get to actually look through everything. I can look through all your emails. I can look through all your stuff. You have to show it to me.

It’s not like a criminal case where you can plead the fifth. And, yeah, so Morrow is saying you haven’t actually given me any reason to think that you would discover something. You can’t just come up with a conclusion and then use that as some kind of pry bar to open up Warner Bros’ stuff to look for something that would fit your conclusion.

But, the judge did on some level at least, you know, this is what Gerritsen believes, kind of guide her to sort of say, here, if you sort of change things this way or this way, maybe then I would entertain your case. Well, not quite as sanguine about her prospects as she is there.

But, normally at this point it would be the end of it. And I should mention that Warner Bros has settled things before. For instance, the tattoo case. In this situation, they did not settle. They said, no, no, no, good, court. We like our odds. And they won. Typically it would end here.

But it is not what ended here. In fact, Gerritsen does something that people don’t typically do and she is a unique situation as far as these things are.

She went public.

**John:** She did. So, the snippets that we’re playing are actually from the blog post after she lost this case, or had most of this case dismissed. And she went public and the reason why we’re talking about it right now is because everyone tweeted this link to her blog about sort of what the situation was. And so this is the alarming language that was in there that set everybody off. So, let’s play one more snippet of that.

**”Tess:”** This is why every writer who sells to Hollywood should be alarmed.

It means that any writer who sold film rights to New Line Productions can have those rights freely exploited by its parent company Warner Bros ó and the original contract you signed with New Line will not be honored. Warner Bros can make a movie based on your book but you will get no credit, even though your contract called for it.

**John:** It’s a call to arms. It’s a call to arms to all writers who might sell their books to Hollywood.

**Craig:** Well, first, before I talk about her alarming comments here, I should say that if you’re listening and you’re thinking to yourself, boy, John and Craig seem a little hard on this lady and a little soft on Warner Bros, I want you to understand that every time these things happen I make a real effort to remember and consider that it is never a case of one writer accusing a corporation of ripping them off.

It is one writer accusing a corporation and another writer of ripping them off. And my feeling has always been that in our brother and sisterhood of writers we need to give all of the writing parties’ benefit of the doubt. There is no greater accusation to make than plagiarism. And she is accusing Alfonso Cuarón and his son of plagiarizing her.

So, everyone flipped out. And they flipped out because she said her case means that any writer who sold film rights to New Line Productions can have these rights freely exploited by the parent company, Warner Bros, and the original contract you signed with New Line will not be honored.

In fact, that is not correct at all. That is a ridiculous jump in logic from her situation. What she’s saying, to be clear is, because I failed to convince you that Warner Bros doesn’t have to honor this contract, Warner Bros never has to honor these contracts. That’s actually not true.

**John:** Yeah. It’s a fallacy of over-generalization. So, your one specific incidence of things that happen to you is a universal truth. So, if your Toyota catches fire, all Toyotas catch fire. And this was a really sort of unique circumstance. And I don’t know that she’s consciously doing a sleight of hand, but a sleight of hand has happened where she’s taking the results of this lawsuit and trying to say well this is what’s going to happen to everybody else in the future.

**Craig:** Yeah, I mean, look. Let’s say Gerritsen never sells her film rights to New Line Productions. Okay? She just publishes her book. She goes on her merry way. And then one day Warner Bros makes Gravity. Same situation. The only thing that’s different is that she didn’t sell the film rights to New Line. Would she not be able to sue Warner Bros? Of course she would. And what would the lawsuit be? It would be a copyright case.

Now, when she sells the film rights, she’s not giving up copyright of her book. So, when she says, well hey, it’s not a case of copyright infringement, what I’m hearing is I’m saying it’s not a case of copyright infringement because I know I can’t prove copyright infringement.

That’s what I’m hearing. Now, I don’t know if that’s true. But that’s what I’m hearing. So, what I want to say to you at home is, no, if you sell your film rights to your novel at New Line and then Warner Bros goes and makes a movie of it, if they’re using your unique expression in fixed form, you absolutely have legal recourse. No question.

**John:** Yes, so that legal recourse is complicated to a degree because let’s say it wasn’t New Line. Let’s say, oh, let’s pick Disney. Let’s say she had sold it to Disney and then Warner Bros makes Gravity. And Disney say, uh-uh-uh, that’s really based on this book that we control the rights to. Disney is the one who would go after Warner Bros.

**Craig:** That’s right.

**John:** Probably more likely than Tess Gerritsen. So, in this case, New Line is not going to sue Warner Bros. And so I am sympathetic to — I can very much see how it feels to her, because she’s saying like, uh-uh-uh, I’m not — New Line should be suing you and New Line is not suing you.

New Line is not suing them I really think for one really clear reason that it’s probably not based on the book that they bought, but clearly even if they thought it was based on the book they bought, they would not be suing Warner Bros.

**Craig:** I still feel like in the case that you said, Disney says we’re suing you Warner Bros because we have exclusive rights to make a film based on this book. That’s fine. But if they have, in fact, made a movie based on a book that they don’t have rights to. The author, too, has a copyright case because —

**John:** They absolutely do.

**Craig:** Because the rights to make derivative works is incorporated in copyright. One of the things of copyright is the right to make copies, but it’s also the right to make derivative works, including films of your novel. So, if somebody goes and makes a derivative work of your book and you haven’t given them that right, absolutely you can sue them. What I feel like — and I can’t say this is true — but what I feel like is that she knows she can’t prove that, so she’s trying to basically get them from a chain of title argument. And the judge is saying you can’t.

**John:** Yeah. Let’s listen to the last little clip of this, and this is how she sort of wraps up. And this was the final call to arms, which I think is what got so many people tweeting this at us this week.

**”Tess:”** It means that any parent film company who acquires a studio, and also acquires that studio’s intellectual properties, can exploit those properties without having to acknowledge or compensate the original authors.

This is alarming on many levels, and the principles involved go far beyond my individual lawsuit. Every writer who sells film rights to Hollywood must now contend with the possibility that the studio they signed the contract with could be swallowed up by a larger company ó and that parent company can then make a movie based on your book without compensating you. It means Hollywood contracts are worthless.

**John:** Craig, are Hollywood contracts worthless?

**Craig:** No, of course not. Now, when you — look, I have to be fair and honest here. When you enter into a contractual agreement with a multinational, multi-billion dollar corporation, you know you are in an asynchronous state. You are an individual and they are not. And if they — if you perceive that they have violated your contract, it’s going to be a tough fight. There’s no question. And I’m aware of that. That said, I have never once in 19 years ever had a situation that even approached a company violating a contract. It costs them too much to violate there.

If they clearly violate the contract, they know they’re going to lose. In this case, what she really — here is how I would sort of express her argument. Let’s say you write a novel and you sell it to a studio. And then that studio is bought by another studio that makes a movie that you think is connected to your novel in some way, but doesn’t actually contain stuff that you think is pulled from your novel in terms of intellectual property, then they don’t have to compensate you.

**John:** Yeah.

**Craig:** Yeah, that’s right. [laughs]

**John:** That’s really what it comes down to is that like in many ways what she doesn’t perceive is that her book Gravity is still a New Line property that they could still make into a movie.

**Craig:** Exactly. Exactly.

**John:** And so I think it would actually be really fascinating if just New Line said like, you know what, it still is a really good idea, because you know what, it kind of does sound like a good idea. They could just make it. They probably wouldn’t call it Gravity because that title has already been used, but I mean, she perceives that her book has been turned into a movie, and New Line says it hasn’t.

**Craig:** And let’s talk about what — okay, she’s alarmed by how she perceives reality now. I’m alarmed by the reality that she wishes to impose. And here’s why.

**John:** Oh yeah.

**Craig:** So let’s say that Ms. Gerritsen gets her way and Warner Bros is held responsible for this and now Alfonso Cuarón’s Gravity is no longer considered an original screenplay, but in fact it’s based by a novel by her, a novel that he may or may not have read, and it doesn’t matter. That’s the way it is.

So, now, let’s talk about what that means for screenwriters. You go to a studio and you say I have an original idea and I’m going to sell it to you. Or, I have an original screenplay, I’m going to sell it to you. And they say, great. We love your spec script. We want to buy it. However, because of Gerritsen v. WB, we have had to run through our archives of all material that we own, including material owned by companies that purchased it before we purchased the company, and we have found seven different books that we have contractual obligations to that are similar in topic.

**John:** In that sense that they involve horses.

**Craig:** Yeah. You have a horseracing movie. That’s a perfect example, because there have been about, I don’t know, one every three years. Okay? You have a horseracing movie. We have seven different books that are basically about the horseracing and they all include a character of a girl who falls in love with a horse. They include an alcoholic. They include a horse that nobody had — that was going to go to the glue factory. Basically we have seven books that include a lot of horse movie tropes. So, your original screenplay is now actually based on seven different books. It’s a nightmare.

It’s a nightmare.

**John:** So, let me give you a scenario that I think is actually much more plausible and likely, that you could really see happening. So, let’s say you are Sony and you buy a great book about Harry Truman and it’s like, oh, we’re going to make a movie about Harry Truman. And then two weeks later Aaron Sorkin comes out with a really amazing spec script and it’s like, oh my god, this is amazing, so you buy it. Do you then have to go to Aaron Sorkin and say, oh, Aaron, by the way, I know you wrote this original script but it’s now based on this book? That’s really the scenario that you’re running into now is that like anything that looks like it could be similar that you already own the rights to, well it’s suddenly source material for this project.

That does come up, by the way. There definitely are situations where a spec script — they’ll own a book and they’ll say like, you know what, we’re going to incorporate some of this stuff but I’ve also had it happen just in bizarre ways. I had a friend who was in production on her movie. And this was a pitch she sold and she was so excited and they were in production. And they’re like several weeks in and they said like, oh by the way, this movie is based on a book. And she had no recourse, essentially. This thing that she thought was an original thing is now based on a book.

**Craig:** Right. It happens. What we don’t want is for it to happen sort of post hoc, you know, where you sell something and then a book is thrown on top of it, or you sell something and somebody throws a book sort of in it as we have to, sorry. We mistakenly have the rights to a book that is sort of the same kind of topic. You know, we’ve talked about what is and is not unique expression in intellectual property. We’ve talked about how ideas are not intellectual property.

I’m a little concerned — the thing that concerned me maybe the most about Ms. Gerritsen’s complaint was what was not there. And what was not there was any kind of literary material that I could read, a passage, a paragraph, a sentence, and say, oh, you know what, I saw that in Gravity. Nothing. And what concerns me then is that she is suing, she is casting aspersions on the authorship of Alfonso Cuarón and yet she can’t actually back it up. And I have to say that is not a good feeling there. She may be right. And she may be proven right. And if that’s the case, then I hope she gets every dime she deserves.

But right now, I’ll tell you what, there is a very famous short story called Kaleidoscope by Ray Bradbury. Have you ever read Kaleidoscope?

**John:** I never have.

**Craig:** It’s probably on the web. We could probably throw a link on, well, actually, that’s copyright violation anyway, so we won’t do that. But it’s an amazing story and it’s about a bunch of astronauts on a rocket ship and the rocket ship explodes from something, meteors or something. And all the guys basically are falling through space and as they’re falling through space they can talk to each other. So, they’re basically above the earth, just like Gravity, and they’re falling in freefall towards the earth, just like Gravity, and they can talk to each other.

And the short story is entirely about what they say to each other in these last minutes knowing full well this is it.

**John:** Well, I can’t believe Cuarón ripped him off.

**Craig:** [laughs] Well, that’s the thing. You know, this is where we have to be so careful because, you know, if she got her way here basically everybody would just be locked into the strangest world, you know. It’s not feasible.

**John:** You know what it actually reminds me of? It sort of reminds me of patent trolls. You know how the way that technologies get patented and then people use them as weapons against each other. And I could definitely see if this were to actually come to pass where you could say like, uh-uh, you can’t do anything involving this little subset of intellectual property because I own all of these things. And that would just be a horrific situation.

**Craig:** Yes. I’m really curious if anyone has actually read the book and if they perceive any real specific connection beyond the fact that the hero is a woman and that she’s in space and falling. That’s not enough at all.

**John:** So, I want to address sort of like why I think so many writers are so freaked out about this.

**Craig:** Ah yes.

**John:** And I could totally feel why they were panicked because you look at it, especially look at it from how she is portraying it. And I also would say like I genuinely think and believe she believes what she’s writing. I don’t think there’s anything false about this. I think sometimes she’s optimizing her words that she’s using to describe her own book, but I think she genuinely believes what she’s writing. And I think if I were in her situation, I would kind of genuinely believe it, too.

Because I’ve been in situations where I’ve had to defend my authorship of a movie that goes into production, or arbitration where I say like, well, clearly this is my work. And it’s frustrating when sometimes that’s not acknowledged. But — and so, well, the writers who tweeted us this link, they felt like, oh my god, this is something that could happen? This is awful. And so what I’d love for people to remember though is there is a whole bunch of other writers that aren’t being acknowledged in this conversation.

There is the screenwriter who adapted her book who that movie never actually happened, but there is a script somewhere with this guy’s name on it that’s based on a book that could be a movie at some point. And there are the Cuaróns who wrote this movie. And to hold up on a pedestal this novelist for her book and for her idea, which is sort of a different idea, over the actual creative work and expression of writing a movie and making a movie feels like a — you’re omitting a really crucial part of the discussion.

**Craig:** Yeah. Everybody roots for the underdog. I mean, sure. And, you know, when she comes out and very candidly frames this as writers versus companies, of course every writer is going to go Defend, Defend, yes, circle the wagons. Always, I say, always defend the writer and circle the wagons. Just make sure that you’re not circling the wagons and excluding a writer while you’re doing it, or running over a writer while you’re doing it.

In that case, that’s what’s happening here. And the writers are — the writer of the screenplay that was actually based on her book and by chain of title and also Alfonso Cuarón, unless — by the way — unless in a court of law she proves that Alfonso Cuarón and his son plagiarized her work. And if that’s the case, well then, they ought to get what’s coming to them. I mean, you know, I mean, I’m all for that. But, you know, when we sign contracts, it’s one of my favorite little hypocrisies of the screenwriting contract is on the one hand we say, look, for the purposes of copyright, Warner Bros is the author of the screenplay. However, I also swear to you that I am the author of the screenplay. Nobody else. I am not stealing anything. I wrote this. Me, me, me.

Meaning, you can sue me. If I sell you a screenplay that in fact I’ve ripped off from somebody else. So, it’s not like we — when we get jobs that we are aware that we are warranting college honor code style that this is our work. And we’re not stealing anybody else’s work. The only work that we’re allowed to access is the work that’s assigned to us. The prior screenplays and the underlying material.

**John:** Yeah.

**Craig:** Well, Craig, thank you very much for a discussion, a very thorough discussion through all of this, and we’ll keep an eye on it. We’ll see what happens. There’s supposed to be another ten days or so before she has to file a new thing. So, if she files that and it goes to another round, we may see more about this.

**John:** Yeah, for sure.

It is time for our One Cool Things and keeping with our science-fiction theme, my One Cool Thing is two blog posts by Tim Urban on Wait But Why, his site. And they’re both talking about artificial intelligence and they’re very, very long posts where he just sort of goes through what modern artificial intelligence thinkers think is going to happen with artificial intelligence. And at what point we will achieve artificial intelligence that can sort of do what we do, and then at what point will we create a superior intelligence that can do things we cannot possibly imagine. And what the timeframes are for that and what the outcomes are for that.

And it’s just a really good, thorough deep dive into that whole area of discussion. So, I had read some of the books that he’s referencing, and Kurzweil, and your best friend, Elon Musk, has huge concerns about artificial intelligence.

**Craig:** Yes, I wish he were my best friend.

**John:** Well, yeah. But one day. And Bill Joy, who is famously sort of negative about the future not needing us. So, I think it’s just a great look at sort of where our thinking is for artificial intelligence right now. One interesting little statistic I’ll pull from it is they did a survey of artificial intelligence experts to f figure out — really asking them when do you think artificial intelligence will achieve human intelligence?

And the median answer was 25 years, which is really soon. The question then becomes, at what point after achieving our intelligence would it become super intelligent and those range from about two minutes to 20 years. And there really isn’t that — we cannot know, because it’s potentially an exponential growth that would fundamentally change everything. And so, while you’re there reading those two stories, it ties in well with the Fermi Paradox, which I’ve brought up before, about why we don’t see other civilizations. How it’s entirely possible that they are computers now and that’s why they’re not in our universe.

**Craig:** Yeah. It’s possible that we are also computers.

**John:** This could all be a simulation anyway, so what does it matter?

**Craig:** Right. What does it matter. Well, while we’re here stuck in the matrix, my One Cool Thing — why not — let’s make it Ray Bradbury and his book The Illustrated Man, which was published in 1951, and it contained 18 science fiction short stories, including the aforementioned Kaleidoscope. Did you go through a science fiction short story streak like I did when I was a kid?

**John:** Absolutely. I think it was seventh grade that I read a lot of them.

**Craig:** Yeah, I just went bananas. I mean, I went bananas on Bradbury, Asimov, various collections, Heinlein, and Bradbury was, I thought, the best writer. Some of the writing of that time period isn’t great. A lot of times you feel like the people writing the stories are really good with plot, terrible with character and dialogue. Everybody speaks ridiculously and on the nose.

Bradbury was a very good writer. And loved actually the idea of what he did with Kaleidoscope. I mean, granted, it’s dated. It’s from 1951. But, definitely check it out if you can, literally, from your library. The Illustrated Man by Ray Bradbury, including Kaleidoscope.

**John:** Fantastic. So, you’ll find links to Ray Bradbury’s works and these two posts I just talked about. All of Tess Gerritsen’s stuff we’ll try to have links up to the PDFs from the lawsuits and from the original complaints, so you can see them and look through them and maybe even sort of read through them with us as we take a look at what the Gravity lawsuit means.

If you would like to talk to me or Craig more, you can tweet at him. He is verified —

**Craig:** Oh yeah!

**John:** @clmazin.

**Craig:** Who do we have to thank for this?

**John:** Well, weirdly, so we have to thank Brian Koppelman for it. But we also literally at exactly the same time that that was happening with Brian Koppelman, I was dealing with Twitter about a bunch of impersonators. And thank you to everyone else who helped me with Twitter and those other stupid impersonators.

But I got verified sort of at the same moment, so it was all a glorious blue check moment for us all.

**Craig:** Yeah, Brian Koppelman, he’s — I don’t know how he does it. He’s just like one of those guys that knows every person that you should know or that you would want to know.

**John:** Yeah. You sort of feel like, you know, if you were walking up to a club, Brian Koppelman will get you in.

**Craig:** Oh, no question. That’s like — that’s elementary Brian Koppelman.

**John:** And I saw that Rian Johnson also got verified at the same moment. So, I think it just all happens.

**Craig:** Oh, no, Rian did? Because he was unverified and dangerous.

**John:** Yeah, now he’s verified. I have a hunch that Twitter said like, oh you know what, these screenwriters, let’s just verify them.

**Craig:** [laughs] While we’re at it…

**John:** While we’re at it. Gary Whitta had one a long time ago, but that was because of Star Wars.

**Craig:** I’m looking to see if Rian still says he’s unverified. No, he says, “Dignity. Always Dignity.” He’s changed it. Oh, well, you know, the truth is the blue checkmark doesn’t mean a damn thing, but —

**John:** [laughs] No, I thought there would be like a giant parade or whatever. I thought they would send me a little sweatshirt with a little blue checkmark, but it was a momentary little adrenaline rush.

But, anyway, I am @johnaugust. He is @clmazin. You can tweet at us with your thoughts about this episode or other episodes. If you have longer questions, the place to send them is ask@johnaugust.com.

You can find this episode at johnaugust.com along with the show notes and all these links.

If you would like to listen to the premium feed and all the special episodes, including the dirty episode from last week, you can find that at Scriptnotes.net. That will also be playable through our app which is both on the App Store and the Amazon Android App Store.

We are on iTunes. You should subscribe there and leave us a comment. Just look for Scriptnotes there.

And I think that is it. So, I want to thank Christy Miller again for providing the voice of Tess Gerritsen for this. Our outro is probably by Matthew Chilelli. We’ll see. But he also edited the show.

**Craig:** Yeah!

**John:** And Stuart Friedel produced it.

**Craig:** Oh, yeah! Stuart.

**John:** Oh yeah! Craig, have a great week.

**Craig:** You, too, John.

**John:** Thanks.

Links:

* [SAG, DGA & WGA Members Could Be Victims Of Anthem Hack](http://deadline.com/2015/02/sag-dga-wga-anthem-hack-cyber-attack-1201367324/), on Deadline
* [Alfonso Cuarón’s Gravity](http://www.amazon.com/dp/B00H83EUL2/?tag=johnaugustcom-20) on Amazon
* [Gravity: A Novel of Medical Suspense by Tess Gerritsen](http://www.amazon.com/dp/B003WEA9P2/?tag=johnaugustcom-20) on Amazon
* [Warner Bros. Aims to Shoot Down Author’s Gravity Lawsuit](http://www.hollywoodreporter.com/thr-esq/warner-bros-aims-shoot-down-715806), from The Hollywood Reporter
* [My Gravity lawsuit and how it affects every writer who sells to Hollywood](http://www.tessgerritsen.com/gravity-lawsuit-affects-every-writer-sells-hollywood/), from Tess Gerritsen’s blog
* [DP/30: Gravity, co-writer/director Alfonso Cuarón](https://www.youtube.com/watch?v=1c2EQP5nIAA) on YouTube
* [Judge Morrow’s decision, dated January 30, 2015](https://pmcdeadline2.files.wordpress.com/2015/01/wb-gravity-lawsuit-order-wm.pdf)
* [The AI Revolution: The Road to Superintelligence](http://waitbutwhy.com/2015/01/artificial-intelligence-revolution-1.html) and [The AI Revolution: Our Immortality or Extinction](http://waitbutwhy.com/2015/01/artificial-intelligence-revolution-2.html), from Wait But Why
* [The Illustrated Man by Ray Bradbury](http://www.amazon.com/dp/1451678185/?tag=johnaugustcom-20) on Amazon
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Scriptnotes editor Matthew Chilelli ([send us yours!](http://johnaugust.com/2014/outros-needed))

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