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Scriptnotes, Ep 408: Rolling Dice, Transcript

July 19, 2019 Scriptnotes Transcript

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

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

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

**John:** And this is Episode 408 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the podcast we have far too much to talk about.

**Craig:** Oh no.

**John:** Eight topics, any one of which could be the centerpiece. So I thought Craig we might borrow something we do every time we play D&D which is there’s situations where arrows are shooting into a group of people and you’re not quite sure who the target is. So you as a DM, what kind of thing might you do to figure out which of those random people is the target?

**Craig:** You give them a number. You count how many there are. And you roll that many sided die.

**John:** So luckily in the world there exist eight-sided dice. So here are the topics we will let the dice decide which order they will fall into. The topics are: Aladdin. Chernobyl. John’s new agent. The WGA elections. The status of the agency stuff. Craig’s solo episode. WGA financials. And dots, dashes, and parentheticals.

**Craig:** Ding.

**John:** One small craft topic.

**Craig:** I just wanted to add the Jeopardy noise.

**John:** It’s important.

**Craig:** Yeah.

**John:** We could have Matthew do it in post but really I think that artisanal homemade feel is what this podcast goes for.

**Craig:** Ding!

**John:** Ding. But first, Craig, there was some follow up from Episode 406. Do you want to talk us through this?

**Craig:** Sure, Alice, a longtime listener, first-time commenter writes, “Dear John and Craig. I just wanted to say how much I enjoyed your discussion with Rachel Bloom about how sex is portrayed on TV. You asked her to give you a wish list of the kind of scenes she wanted to see but I don’t think she did. So here is my wish list of what I would like to see more of.

“One, discussions of contraception. A humorous and embarrassingly memorable example is in the movie Shop Girl. Two, allowing men to say no to sex instead of implying that they are always ready to go at a moment’s notice. Three, discussion of menstruation as a natural part of a woman’s life and not just as a punchline. Four, verbal discussions of what kind of sex the characters are comfortable with before the act. Although it has been derided by many, one of the good things about 50 Shades of Gray is that they had such a discussion. Many shows imply that not saying no means yes and they skirt dangerously close to date rape, see for instance Blade Runner.

“Five, more laughing during sex because it can be hilarious. Thanks so much for your show. Keep up the good work”

That’s a pretty good list.

**John:** That’s a great list. Alice, thank you very much for that list. I hope that some of these topics make it on to the whiteboards of TV shows that are in the room right now to figure out their seasons because they’re all good things. And there’s ways to do all those topics even on broadcast television. So yes, more of that.

**Craig:** Yep.

**John:** Yep. All right, let’s get to our eight big topics because this could be a marathon episode if we don’t get to it quickly. So I could roll a physical die but I think I’m going to try to have Siri roll the die for us so that everyone can hear and so that Craig knows I’m not cheating and trying to – because we’re doing this on Skype so he can’t see what I’m doing.

**Craig:** True.

**John:** Roll an eight-sided die.

**Siri:** Rolling.

**Craig:** Wow.

**Siri:** Five this time.

**Craig:** Wow. Whoa.

**John:** Siri has picked number five.

**Craig:** God, she started us off with a hot topic.

**John:** Oh, the status of the agency stuff. Oh my gosh. All right, let’s get into this.

**Craig:** Let’s do it.

**John:** So much has happened since we last talked about the agency stuff, but nothing really fundamentally on the ground has changed. Let me recap some of what’s happened since we talked about it on the show last, because there are a lot of little individual things. And we are recording this on a Friday. By Tuesday when this episode comes out, who knows, things could have changed again.

So, the WGA got back into the room with the ATA. The ATA doubled their previous offer on packaging but didn’t change anything on producing. That’s a fair summary I think of what happened in that room. It didn’t go great. In a video response the president of the WGA, David Goodman, explained that revenue sharing was a non-starter and that we weren’t going to negotiate percentages on something we didn’t think addressed the fundamental issues involved.

At the same time the WGA stated they were at an impasse with the ATA and would begin negotiating with the individual agencies instead. Then, WME, CAA, and UTA sued the WGA for antitrust. They were separate lawsuits but they’re basically all saying that the writer firing that happened in April amounted to an illegal boycott. The WGA issued a cease and desist to the ATA claiming antitrust, price fixing, and unlawful collusion.

The WGA sent out a modified proposal allowing a one-year sunset clause on packaging fees. Abrams Agency let the world know that they were willing to give up packaging fees and producing since they were the first of the major ATA agencies to sort of break away from the pact there. But they didn’t want to sign the Verve agreement, so as we’re recording this it’s not clear that anything is actually going to happen with Abrams. So, that’s a summary of I think the highlights of what’s happened since we last talked about this on the show.

**Craig:** Yeah, if we want to call those highlights. So, it seems to me that the kind of missiles, the legal missiles that are firing back and forth is, well, in the short term – and when I say short term I mean probably within a year – I can’t imagine either one of those or any of these kind of cross-suits having a direct impact because it’s going to take forever to wend its way through the system. These are leverage moves.

I am so disappointed. I’m just going to come out and say it. I am so disappointed with the position that our side took which is that revenue sharing was a non-starter. I don’t know how else to get to an agreement myself. And I’m concerned that the agencies make so much money off of packaging fees that they may just look at the numbers and say we make more if we keep packaging directors and actors and never get anything from writers than we would if everybody goes to 10%. In which case this never ends. And the guild sort of unilaterally excludes its own membership from the four biggest agencies on the planet, which I’ve said before is unacceptable to me for so many reasons, not the least of which is I think it will permanently damage our status in television which is well-earned and well-deserved and hard fought for.

So, I’m really disappointed. And I think it’s something that has to change. I don’t think we’re going to get there with a lot of the same people in charge. I don’t think anything is going to happen until an election. And I just feel a little jerked around. I think that the vote that we had, the implication was give us negotiation strength so we can negotiate a deal and we haven’t negotiated anything. We’ve just said, nah, no packaging fees. So, I’m upset. I’m upset. Yeah.

**John:** I hear all that. And so last time as you vented I didn’t sort of respond back. I do want to respond back on some things because I feel like there’s some differences of opinion here that are important to voice.

So I can’t say some things that are sort of stuff that’s ongoing. I do think it’s a little disingenuous to say that, well, you can say that you gave him your vote on moving ahead to give them leverage to make a deal. But I think it’s very clear and there’s good tape to show that the request with the vote is to vote honestly, to vote your conscience, and not to vote to give them leverage. And that’s a thing that was said repeatedly in the run up to it.

So, I can totally understand why you felt you were doing that and that could have been your intention, but that wasn’t a thing that was asked for. Am I communicating that clearly?

**Craig:** Yes. I disagree.

**John:** OK. We can disagree on that point.

**Craig:** Yes.

**John:** I share your frustration and disappointment at this process. I think I quite naturally direct most of my frustration and disappointment at the agencies for not looking at their clients, or their former clients, and a valuable thing for them to be winning back. And I don’t see them trying very hard to do it. And so I think a difference I’ve noticed with the smaller agencies and we’re going to get to Verve later on, but of the major agencies only Verve was the one who emailed out a survey to all their former clients saying like, hey, what do you actually want. And they took the results of what they heard back from their former clients and realized like, oh crap, we should probably actually take that seriously.

**Craig:** Yeah.

**John:** And I don’t see the agencies, big, and some of the smaller ones, too, taking that seriously.

**Craig:** I agree with you on that.

**John:** That’s a thing I would hope to see more of in this near period.

**Craig:** You won’t. [laughs] You won’t. I don’t foresee that changing on their part. I mean, just so you know, I don’t think that their angels in any way, shape, or form. To me they’re a known quantity in a sense, so I just – I’m so pragmatic. You know, I just think like, OK, they’re not going to stop being leopards, but we need to figure out how to get them to stop taking bites out of our leg and go back to biting other people on the leg. And any kind of hope that they’re going to find their way toward some sort of more moral position is I think ultimately going to be fruitless.

**John:** Oh, no, no, I’m not arguing for a moral position. I’m arguing strictly practical. Strictly sort of like what do the numbers tell us. And what is the opinion of the folks we were trying to represent as clients? And I don’t see them actually doing that.

As I would say in the run up to it they were doing a lot of outreach meetings trying to sway that opinion but didn’t do a lot of actually listening sort of what that opinion would be or what the opinion is right now.

**Craig:** Yeah. They blew that. They blew it. No question.

**John:** I do want to talk a moment about the revenue sharing, the decision not to move ahead with the revenue sharing. And we’ll link to the video which sort of explains why that became a non-starter. You know, as the video explains it wasn’t simply that it was the moral issue of sort of we’re now trying to share this thing we don’t think should exist. It was also the practical matter of how the hell are we supposed to divvy up this pie and divvy up this pie not only necessarily among writers but other folks who would be perhaps entitled to a piece of this packaging fees. It became – it was basically like kick it all at the WGA to figure out how to disentangle this incredible mass of stuff that would be heading our direction. And it wasn’t clear how soon that money would be coming. It became clear that we were negotiating to enter into a percentage negotiation on this thing was to accept a tremendous amount of responsibility for dividing this thing that was probably indivisible.

And that there were other topics. There were other solutions that were not being seriously considered because this had been the anointed decision.

**Craig:** I think it’s our responsibility if we’re going to demand that our membership fire all their agents that they have relationships with and empower our guild to negotiate with the agencies, then yeah, it’s their responsibility to do the difficult thing. Of course it’s difficult. If it were easy, you know, this wouldn’t be a negotiation or at least the potential for a negotiation. It’s not going to be as difficult as the MBA which is 800 pages.

We have models for divvying pooled amounts of money between writers, directors, and actors – residuals for instance is an excellent model. And I do think there’s a way to do revenue sharing that restores the you-make-more-when-we-make-more. The fact that it simply wasn’t explored either somebody – either we don’t have the right people because our people are saying, “Oh golly, the math is too hard.” Or we’re using that and when I say we I mean some people inside the building are using that as an excuse. I don’t know how else to get there. I literally don’t. I’ve thought about it for a while. I don’t know how else to get there and I don’t think we will get there any other way.

And, by the way, we’re leaving money on the table which I think is really bad for writers. Again, we’ve empowered the union to make a deal for us and they’re not. Currently the plan appears to be nothing, because saying we’re going to negotiate with the individual agencies, they’re not doing that. They’re not going to do it.

**John:** Again, things I can say and things I can’t say. I think what you say from Abrams was an attempt to do that. And so we’ll see–

**Craig:** I’m sorry, they don’t count. And no offense to Abrams, and no offense to their clients, but the big four are the ones that we have to figure out how to live with. We have to. Or we’re going to be damaged.

**John:** Yeah. I understand the sense of the necessity of figuring out how we’re going to deal with the giant elephants in the room.

**Craig:** Yeah.

**John:** I totally do hear that and understand. I will say that there are the members of the negotiating committee and the board do understand that and do have – that is a subject of discussion.

**Craig:** I’m praying for all of us. And when I say I’m praying I don’t pray. I just sit and stew really is what I do.

**John:** As an atheist Craig prays. All right, are we ready to roll the die again?

**Craig:** Roll it.

**John:** Roll an eight-sided die.

**Siri:** It’s four this time.

**Craig:** Four.

**John:** Four.

**Craig:** Oh, more WGA stuff.

**John:** Oh, this is a very related thing. So it’s the WGA elections. The announcement came out about the upcoming WGA elections. Every year we have an election. Every year on this podcast we talk about the elections. In certain cycles we’re electing the officers, so the president, the vice president, and the combined secretary/treasurer. In other cycles we are just electing half of the board. So there’s a total of 16 people on the WGA West board. Eight each time are up for reelection or for selection for those spots.

So if you’re looking through the list that came out recently of who those candidates are you will notice Craig Mazin is among the people who is running for the WGA board.

**Craig:** What an idiot. What an idiot.

**John:** I can say that because I’m not a person who is running for election in this cycle.

**Craig:** So smart.

**John:** So Craig and I would not be on the board at the same time if this were to happen. There are eight board seats. There are 17 board candidates. But there could be some more being added because people can also submit their names by petition. Those petitions have to be received at the guild by July 23.

There will be a candidates’ night forum which I suspect this year will actually be fascinating. Where people can ask questions of the candidates and sort of engage in a discussion there. That is happening Wednesday, August 28, at the WGA headquarters, probably in the newly refurbished room that is so much better than it used to be.

**Craig:** So much better.

**John:** So much better. Voting ends on Monday, September 16. So, the candidates’ night forum is probably the start of the election cycle, so the 28th. But all voting is done by September 16. So, we’ve still got a long runway ahead of us here.

**Craig:** Yeah. Thank god. Because I really don’t want to do any of this stuff for a while. Campaigning is inherently demeaning to everyone. I really do believe that. I wish we didn’t have to do any of it. But I understand the point of campaigning. I mean, you need to let voters know what you think.

You and I talked about how we do the podcast. When you were running our basic rule was we could talk about WGA issues the way we always do and we could endorse other people, but you couldn’t campaign for yourself. And I think that’s a perfectly good way we should approach mine.

**John:** And on this podcast I will not be promoting you either, so it will just be a discussion of the general things and the election, encouraging people to vote, but not to vote necessarily for–

**Craig:** Me.

**John:** You, a person who is on this here podcast.

**Craig:** Correct.

**John:** So, Craig, things you get to look forward which may be different from the last time you were on the board because that was 10 years ago? More. It was a long time ago.

**Craig:** Almost 15 years ago.

**John:** 15 years since you’ve been on the board. So a thing you will probably be doing, you will probably go to wix.com because everybody goes to the exact same website for the endorsement stuff. So you put up a little endorsement website with a form that fills out. People fill out their form.

**Craig:** I was the first person to use an online form.

**John:** Craig, you were a trailblazer back in the day.

**Craig:** I was just lazy. It was Wufoo was what I was using back then.

**John:** Wufoo is the other good choice. So Wufoo probably will be the one you’re using. You know what, I said Wix. I bet it was Wufoo that I used this last time. I blocked it out of my memory.

**Craig:** There you go.

**John:** But that will happen and you might have some events. You’ll get some people to endorse you. It will be a thing.

**Craig:** Oh god.

**John:** Craig, it’s important to have screenwriters on the board. Because here’s a general pitch I can make on behalf of sort of interests of the board and just what I’ve seen is there will be really smart, talented people running for everything which is great. I want to make sure that as I leave the board, as Andrea Berloff leaves the board, and Zak Penn leaves the board, that’s three screenwriters we’re going to be down. So please do elect some folks who are primarily feature writers, or at least do write features because some of those issues are different and we need to make sure that screenwriters are well represented on the board.

**Craig:** I feel like I have enough anger for five screenwriters.

**John:** Yes. But you’re only one person.

**Craig:** I’m only one person.

**John:** And you will also be busy doing other things. So I want to make sure that the screen subcommittee that Michelle Maroney and I started and ran these last two years can persist, because there are enough people on it to actually get that work done.

**Craig:** Nevertheless we persisted. We will persist.

**John:** Nevertheless.

**Craig:** We will persist.

**John:** And now we will roll the die again.

**Craig:** Woo-woo.

**John:** Roll an eight-sided die.

**Siri:** Rolling. It’s seven.

**John:** Seven.

**Craig:** All right.

**John:** Oh my god, we’re so WGA focused in the start here. I apologize. This really was random. Every year the WGA has to publish its annual report, its financials. And every year on this podcast we talk about it, so let’s quickly look through the financial report. We’ll put a link to the PDF in the show notes here.

**Craig:** Yeah. Well, some interesting things popped out but no more interesting to me than the very first thing that the guild currently for fiscal year, for this fiscal year, ran an operating surplus of $10 million. And this practically sent me through the roof. Why?

Because, it’s not like surpluses are inherently a bad thing. In a sense you can squirrel away from stuff for a potential cold winter. My problem is that screenwriters pay 1.5% in dues. It used to be 1%. Then it went to 1.5% of every dollar they make in writing income and residuals to the union. Television writers don’t. They pay 1.5% of WGA minimum because there’s this other surplus money they make as producers that the WGA can’t touch. So essentially feature writers have been over-taxed in a way that is hard to describe. And when we’re running a deficit it’s hard to make an argument that you should be reducing one category’s dues rate. But we’re not.

So to add insult to injury we’re running a surplus of $10 million. That’s for an organization that spends about $43 million a year. So that’s like 25%. It’s a lot. So, I think dues reform has to happen. Has to.

**John:** Great. That’s a thing Craig Mazin can do if you were elected. That won’t be controversial at all, Craig. I think that will be smooth sailing, nothing to worry about. Those aren’t live wires sitting in a shallow puddle.

**Craig:** It’s all I’ve ever wanted.

**John:** No worries there. Let’s take a look at some of the little chart things because I always find that interesting. So the number of writers reporting earnings, which is basically the number of working writers really, that dropped 0.6%, but the overall amount earned grew 4.2%. That was slower growth than previous years, but sometimes those numbers in the last year adjust upwards because stuff gets reported late. So I’m not going to take that with too much – I would say it looks more flat than anything else, so we’ll see what happens.

**Craig:** Yeah. That’s my guess, too. But of note we have increased our earnings every single year for five years running now. We’re doing well.

**John:** And easily you can point to the growth of streaming television as why there are more jobs. We’re making more money because there are more writers working. There were 6,057 writers working this last year earning $1.5 billion. That’s great. We cannot count on that always happening. There’s obviously disparities between features and television. What I found interesting is that there was a decline in the number of people working in TV but not in features. Actually the number of people working in features was up a tiny bit.

**Craig:** Yeah. I think that’s Netflix.

**John:** That’s probably Netflix. Movies written for Netflix. I’m sure you’re right.

**Craig:** I think that’s what it is. Also, it’s good to note that even though we are essentially flat in terms of the number of writers reporting earnings, I mean, it’s just like whatever 38 fewer, we still are going up in earnings, meaning we’re earning more per writer which is great to see.

**John:** Yeah. But let’s take a look at sort of why that is is it tracks pretty closely to the increase in scale minimums that happen. Because particularly in TV, as Craig said earlier about dues, is that in television we’re only looking at the writing income and that writing income tends to be scale. It’s producing income that’s above scale. And so as we’re looking at writing income increasing that’s largely because every three years we’re negotiating for increases in those things. So, that’s largely what’s pushing those numbers up.

So, we’ve just got to keep pushing those numbers up.

**Craig:** That’s true. In screen, however, where that doesn’t apply at all, we are again doing better, which is great, because screen, you know, really got hammered for a while. So in feature I think entirely because of Netflix, I really do, we have essentially again holding flat the number of writers between 2017 and 2018, but the income goes up again, I think when everything is rounded up probably around 8% or so, or 9%, which is fantastic. It means, again, we are earning more per writer in features which is a sign of the marketplace.

**John:** Yep. Let’s take a last look at residuals. So TV residuals were up 10.6% to $307 million. That’s good. Theatrical residuals were basically flat line, it was a 1% increase to $154 million. The best part of that chart to look at is the source of where that money comes from, because the actual money coming in is about the same year to year, it’s that it used to be home video and now it’s entirely “new media,” which is streaming, it’s Netflix, once again.

The answer to most of the questions in the annual financial report is Netflix.

**Craig:** Correct. It has made a massive difference in things which is scary. You actually don’t want that to be so concentrated in one area, but while it’s happening let us celebrate it and make hay as the sun shines as they say. The only other thing I noticed, and this just sort of is a general bums me out thing, our legal department every year reports the number of open cases they have. Those are cases that they’re pursuing that have not yet been resolved. And every year roughly that number is around 500 and change.

It’s too much. Either we don’t have enough lawyers or, I don’t know.

**John:** Actually, I’m going to – so I will say that I see the settlements and I see sort of what actually happens. The amount of money that legal brings in in getting stuff done is really impressive. So, the fact that we may have 500, those aren’t the same 500 year to year.

**Craig:** Of course.

**John:** That’s how many they’re actively pursuing. And so you may absolutely be correct that we may need more resources there, but I don’t know that more resources would actually push that number down. It might just mean that we are bringing more cases. I think the better thing to look at is how much money are we collecting for our writers who are not able to collect it for themselves. And I think that is a meaningful statistic to look at.

**Craig:** Yeah. And for that we kind of move in a weird way between about $4.5 million and $16 million, it was a high water mark in 2014. 2017 was $5.6. This year it was $10.8. So, yeah, you know, it’s in that kind of zone. This looks to be more like an off year for us, but it may be cyclical. We may get more stuff done by the end of the year. I don’t know.

But, yeah, you know, I think more lawyers would be a good thing.

**John:** So, and here’s what I’ll stress I that whether it’s $4 million or $10 million that the guild is bringing in overall, if you are one of those writers who is not getting paid or needs that money that is a game changer. So we have to make that for every member we are able to do that work and sort of deliver the checks that they deserve.

**Craig:** Unquestionably.

**John:** So that’s a thing that if you are back on the board this next time you can look at their reports every time and see who we’re getting money for and that to me is one of the best parts of every meeting is seeing what they were actually able to do and solve.

**Craig:** Yep. I will.

**John:** Let us roll the dice again.

**Craig:** Roll it.

**John:** Roll an eight-sided die.

**Siri:** OK. Seven this time.

**Craig:** We already did that one.

**John:** OK, we repeated a seven. So maybe we need to switch to a D6. Let’s renumber and go to D6. Change here. So we’re going to get rid of – number four is gone.

**Craig:** Number five.

**John:** So four will now become your solo. Four is now your solo.

**Craig:** And five is gone, too.

**John:** Roll a six-sided die.

**Siri:** It’s five.

**John:** Number five – dots, dashes, and parentheticals. So, a long time ago I would do these little videos on YouTube where I would record my screen as I was writing through a scene and talking through stuff and people found them really helpful. They were just a huge hassle for me to do and so I sort of stopped doing them. But this last week I was answering a question, I guess coming in through the mailbox through ask@johnaugust.com about when do I use three dots versus when do I use two dashes. And it felt like the kind of thing that like it’s just going to make much more sense for me to just show in a video than try to describe it.

So I’ll put a link in the show notes to it, but it’s a little six-minute video I did that sort of talks through the conventions of when to use three dots versus dashes when dialogue is interrupted or when people don’t finish their thoughts.

Craig, was it consistent with what you do? I go for three dots when someone is trailing off, when it’s like an incomplete thought. I use two dashes for someone who is cut off by either another event or someone else interrupting them. Is that what you tend to do?

**Craig:** Essentially. Yeah. I will also – I will use dashes if I’m cutting them off because I’m putting a parenthetical in or some action takes place. So it’s meant to say there is no real disruption. If I go from you’re saying something dash-dash and then you’re saying something start with two dashes, and then continue. That just means you keep rolling.

So, yeah, that’s pretty much what I do.

**John:** The last little point that I talk about in the video is that when characters are talking over each other you have a couple of choices. And a tempting choice is always to do dual dialogue and it’s rarely the right choice. So there can be cases where you have two people speechifying at the same time. And the point is that they’re not listening to each other. That’s an example where dual dialogue might make a lot of sense.

You also have situations where do you want to go to the park, one character says yes, one character says no, and they say it simultaneously. You can dual dialogue that.

But if someone is just overlapping or you want the sense that people are talking over each other, I find the parenthetical of overlapping or at the same time tends to be more helpful in communicating what I’m trying to convey on the page. Is that your experience, too?

**Craig:** It is. I almost never use it. I used it one time out of all of the five scripts for Chernobyl and it was when Akimov and Dyatlov are having an argument about what the rules state, that you can’t lower it from 50%, when we came down from 80%. And I wanted it to basically be these two guys were essentially talking over each other and not listening to each other and that worked.

But by and large I just think that forcing overlaps like that is very mannered and it’s also uncommon. People don’t really do that with each other. They might overlap each other a little bit naturally at the beginning and end of something, or interrupt each other, but it’s so rare to have people just talking at the same time and not stopping.

**John:** We were rewatching Call Me by Your Name last night and there is a section in that where this Italian couple is at the table and they’re just talking constantly. And so that was a situation where you literally would put the side-by-side dialogue because it’s 30 seconds where they’re talking at the same time and not paying attention to each other at all. So that’s an example where you might want to do that.

But this last week on Twitter, Craig, someone had tweeted at both of us asking how much do you use beat. So there’s a convention which is not maybe a great convention in screenwriting, where as a parenthetical you just say “beat” which means sort of a pause or it’s a moment. It’s an interruption and such. And I said I don’t tend to use beat all that often. That I probably use it less than I used to. But I really liked your answer to it, so talk us through what you often do in that parenthetical.

**Craig:** Well, like you I’ve reduced my usage of beat, mostly because it’s so generic. It really is just saying nothing more than a mechanical instruction to the actor, pause. Right? But a pause is there for a reason. And as I’ve kind of gone on in my career I’ve just become more and more enamored of just informing the actor and director what the subtext is through parenthetical or through action lines. And so instead of just saying beat I might say reconsiders, or questions herself, or realizes. So that the reader and the actor and the director all understand why something there is happening. And it also gives them the choice of how to time it. So you don’t have this rigid pause but rather sometimes that little flash can happen so quickly that we see it happening and they keep talking and that’s way better than a kind of overdone stop, two, three, next line.

**John:** For sure. So I really liked how you phrased that on Twitter. It was a better answer than I gave so I wanted to make sure that you said it aloud because not everybody reads the tweets.

**Craig:** Well, thank you, John.

**John:** Rolling the dice. Roll a four-sided die.

**Craig:** So cute.

**Siri:** It’s three.

**John:** It’s number three.

**Craig:** Oh, it’s your new agent.

**John:** I got a new agent. Yeah, so that was big news of this last week. So for the first time in 20 years I have a new agent, a new agency. I switched to Verve. So I decided I would tweet out that I’d done this just so that I could actually say my whole – present my whole case and not have it sort of misreported in the trades. And that mostly worked. So there was an article in the trades about it, but it actually just said what I said and I didn’t have to answer any reporter questions.

**Craig:** Isn’t it amazing? Like I honestly feel like 95% of the things that are in the sort of web journalism are simply regurgitations of other things. Like they don’t do any – did they even call you? Or did they just reprint what you said?

**John:** They just reprinted what I said. And here’s the thing. The conversation we had earlier about the agency situation, they will recap that as if they are quoting it. So I just want to call out the people who are going to do this in Deadline especially right now. You know what, at least mention the Scriptnotes podcast. Because so often they’re saying like “In a recent podcast” and it’s like what podcast. Oh, my podcast? That’s where I said it, in my own podcast.

**Craig:** Why wouldn’t you call us? If you’re doing an article you should call. I mean, all you’re doing is just, what, writing down something transcribed and it’s not – how is that a thing?

Anyway, so you have a new agent at Verve.

**John:** I have a new agent at Verve. So here are the tweets I sent out and this really is sort of a good recap, but I’ll do a little framing around it afterwards. So, I tweeted, “I’ve signed with Verve. They’re the agency that represents some of my favorite writers, including Michael Arndt, Meg LeFauve and three of my former assistants,” which is true. “I’m excited to join them.”

Tweet two, “Back in April, I tweeted that I’d happily give my UTA agent of 20+ years a kidney. The offer still stands. But my frustration with big agency practices has only grown. I don’t think they’re putting clients first.”

Tweet three, “When I toured Verve, I really liked the vibe and spirit. It felt like a good match. To be clear: I would have met with ANY agency that had signed the agreement. I know a lot of screenwriters who will do the same.”

Four, “My decision to go to Verve is entirely my own. Yes, I’m on the WGA board but that’s not why I’m making the move. I remain committed to reaching an agency agreement that serves all writers. WGA West members can help by filling out the survey coming to inboxes this weekend.”

So those are my four tweets. And it was my decision to move there and that’s not going to be applicable to a lot of other people, but you have actually changed agents more than I have. And so I kind of want to talk through what it’s like to change agents because this was kind of a new thing for me. So I could talk through sort of what I did, but I suspect there’s some useful things for anyone who is considering moving from one agent to another for whatever reason if it’s not sort of this reason.

**Craig:** Sure.

**John:** Cool. So, in my case I reached out to see who is there and who is there that could vouch for them or just give me some experience on the ground. So I reached out to Jac Schaeffer. She’s the writer who is running the Scarlet Witch show that Megan McDonnell, our former Scriptnotes producer, is writing on. So I reached out to Jac and I said, “Hey, I know you’re at Verve. Are you happy at Verve? And if you are at Verve who is your principal agent there because I’m considering making a switch?”

She wrote back that her agent there was Bill Weinstein, he’s fantastic, and offered to make the email introduction. And that is a very common way things happen here is someone who knows both people makes the email introduction just so it’s not me blinding emailing into somebody at Verve.

**Craig:** Yeah. I think the times that I’ve done this, there was one time where I really did a big I’m going to sit down and meet with all of the major agencies and talk to all of them and then pick one. And with that I used my attorney. I basically had him kind of call and say, “OK, would you like to meet with him? And who would like to meet with him over there?” And those were decided and off we went. It was a week of awkward couches.

**John:** And so used your attorney for that, other writers might use a manager for that. That’s a very classic thing that managers set up agency meetings for a person to go in and sign with an agency.

So in this case it was this writer who had made the introduction. I emailed with Bill Weinstein. We scheduled a phone call. We had a good phone call. Set up a time for me to go in. And before I went in they read some stuff so they’d have some stuff to talk about when I actually came in.

I went in, I met – I shook so many hands. I met kind of everyone at the agency. I sat down with Bill Weinstein and two other agents to talk through specifically what my goals were and what I was looking at for the next year and couple years ahead in my career.

Then I talked to my attorney, an important person to get involved with this.

**Craig:** Sure.

**John:** And then when the time came to make a decision I called Verve, I called UTA to let them know that I was making the change, and that was it. A thing I need to sort of clarify because the timing looks weird is that the same day I announced that I was moving over to Verve was the day that UTA announced that they were suing the UTA. That was a coincidence. That wasn’t one causing the other. So that was not the reason for why I left.

**Craig:** You know, something you said there just flicked a little switch in my head. And it was about the manager thing. One thing to think about if you are a writer that has an attorney and a manager and you’re trying to figure out which agent you should go to, maybe rely on the lawyer a little bit more. Because managers are already inherently dealing in a kind of conflicted space. I mean, all the problems that we have with agencies, managers have codified from the very beginning of their work. That’s what they do. They want to produce your stuff and then you don’t pay commission.

So similarly a manager may be funneling you to an agent that they can kind of protect each other with, because inevitably down the line if you have an issue with one or the other you’re going to go to one or the other and say what do you think. And sometimes they just protect each other. And that’s not what you want.

What you want is an independent adviser. You don’t want necessarily a sweetheart deal being made behind your back that you don’t even know about.

**John:** Yep. I think that’s really good advice. And attorneys tend to see just a wider scope of things because they’re just dealing with many different clients and many different situations. They know a little bit more about how the sausage is made sometimes. I think it’s a good recommendation to at least enlist your attorney’s opinion if they’re not actually steering the conversation around.

**Craig:** Yep.

**John:** But I also say, I mean, the reason why I reached out to this writer was because I wanted to make sure that she was having a good experience at this agency and with this agent. And so asking for those personal recommendations is an important part of this as well.

**Craig:** No question.

**John:** So right now Verve is the only sort of mid-sized agency that has signed the agreement. So I was really happy at Verve, but that was also sort of my one choice of a place, a midsize agency, that I could sign with. But in a macro sense let’s talk a little bit about the pros and cons of big agencies versus little agencies. Because I think there’s some real things to think through.

So at what other point this all gets resolved and people have a choice of I could go to a giant or I could go to a smaller agency, some pros and cons.

Some cons. In theory a smaller agency has a smaller information network. They have fewer agents who are talking to everyone at all the studios. Their tentacles are in less things in terms of understanding all the jobs that are out there or what’s really happening. Their information network could be smaller.

**Craig:** Yeah.

**John:** They might have less access to certain IP or certain deals. So, they might have – you know, the big agencies would have a big book-lit department that would track all the books that are coming out. And might be able to steer some of those your way early.

They would have less history of making certain kinds of deals, especially big overall deals. Like the mega blockbuster deals.

**Craig:** Right. The monster deals for your J.J. Abrams and your Mike Schurs and those guys.

**John:** So interesting on the patching thing is that I sat down with a director this last week who was at Verve and his point was – it was an interesting pushback against that – is he said that being at a purely literary agency, so Verve only represents writers and directors, he finds it very easy to go after any actor because there’s not an in-house stable. You’re not competing with your own folks inside the agency. So, he’s actually been able to have good relationships with the talent agents at the different agencies when it comes time to go after an actor for a role. So that’s a thing he found coming from a big agency to a smaller agency, he found that helpful.

**Craig:** And I can see that, particularly if you’re talking about features. In television I think things are a little bit trickier. Well, why? Because the agencies are addicted to packaging fees. They are motivated to package. Yeah.

**John:** We’ll list that as a pro. I would say a pro is fewer clients means fewer internal conflicts. So basically we’re not all fighting over the same thing. And we talked about that in our conflict of interest episode a zillion years ago which is that the more folks you have who are going after the same things, there’s naturally going to be some conflicts among clients and that’s just a thing that has to be managed. And the fewer clients the fewer conflicts there are there.

**Craig:** Yeah.

**John:** And it’s probably less positioning which is that sense of they’re not actually putting you even on the list for that job because they have three other people who are clients who they need to be sending that to first.

**Craig:** That’s the danger. I mean, ultimately you are competing against everyone. But you want your advocate advocating. And they can’t really advocate for you fully if there are three people ahead of you on the list that make more money and are more important. I mean, that is an inherent issue at these agencies. And even at a small agency like Verve it could potentially be – somebody on Bill Weinstein’s list just took one step backwards. [laughs]

But you’re right. There are fewer potential conflicts to be had there. I think at a place like CAA it’s always conflicted.

**John:** Oh yeah. The last pro I’ll list is that you as an individual client probably have a bigger impact on that agency’s bottom line at a smaller agency than at a large agency.

**Craig:** Mm-hmm.

**John:** And part of that is just because there’s more clients, but also the bigger agencies are – as we’ve seen – are invested in a lot of other things, too. And so the financial interest in making sure that each of these clients is served to their best capability is different at a small agency than at a bigger agency.

**Craig:** Right. Absolutely true.

**John:** Let’s roll the dice again.

**Craig:** So much fun.

**John:** Roll a four-sided die.

**Siri:** It’s two.

**Craig:** It’s two.

**John:** Oh, Chernobyl!

**Craig:** Chernobyl.

**John:** Craig, so we haven’t gotten to talk about Chernobyl since it resolved and so you’re so sick of talking about Chernobyl. Can I just congratulate you again on–?

**Craig:** Of course.

**John:** –On Chernobyl and on the podcast which I thought were fantastic.

**Craig:** Thank you.

**John:** The Chernobyl podcast is the top rated TV and film podcast in the world.

**Craig:** Wow.

**John:** So, congratulations on that.

**Craig:** That’s awesome.

**John:** Which is great. Questions I had for you, and these are not really spoilers, so if you have not seen all five episodes I don’t think I’m going to spoil anything for you in talking through this.

**Craig:** There are no spoilers. It blew up.

**John:** It did blow up. Episodes one and episodes five cover some of the time periods, particularly in the control room. My question – does anything that was originally intended to be shot for number one or number five drift back and forth in the edit?

**Craig:** Nope. It’s exactly as planned.

**John:** But I suspect you did shoot all of the control room stuff at one time.

**Craig:** Oh yeah.

**John:** You didn’t like send everybody off.

**Craig:** Oh no. We shot it all in one. There was one week. One week in that control room. And, you know, we – when I look back at that week we got a lot of pages done.

**John:** Oh, I’m sure.

**Craig:** Well, that was – there were really only three sets we constructed. We really tried as much as we could to be on location or on an exterior. We built the sort of Kremlin conference room because we couldn’t find one that worked right with its little hallway attachment.

We built Lyudmilla and Vasily’s apartment just again to control this little apartment. And then we built the control room. And the control room was our biggest build. And Johan and Jakob shot the hell out of it. I mean, they found angles that I would have never even thought of and just kept it looking fresh all the time. But, yeah, it was a great week. I loved all those guys in there. They were all fantastic. Just good people. Great actors. Some people don’t know that the guy who plays Stolyarchuk is Billy Postlethwaite, Pete Postlethwaite’s son.

**John:** Oh how nice.

**Craig:** Great guy. They were all just terrific. It was a joy to work with those guys.

**John:** How early in the schedule was the control room shot? Was that quite early on in the months of shooting?

**Craig:** I would say it was sort of – I’m a little fuzzy but I’m going to say it’s maybe like a month in out of four months. April, May, June, July. Maybe a month out of five months. It was about a five-month shoot. So it wasn’t in the middle. It wasn’t right up front. Part of it was that we needed time to get it built.

**John:** I get that. In the library at johnaugust.com we have the scripts to all five episodes, but on the podcast earlier you said that you initially thought of this as six episodes. What would the extra episode have been or was it two things combined? What was the difference between the initial plan of six and what became the five episodes?

**Craig:** So, I was writing episode two, I had laid out a show bible and I had a description of how each episode would work. And the way I described episode one, episode four, and episode five, and six I guess at the time, was all correct. But when I was writing episode two I found that – I noticed, I don’t know if you’ve noticed this, but in the new world of limited series where you’re allowed to just set your own episode limit kind of it seems like writers sometimes are a little languid with their pacing. I don’t know if you’ve noticed this. But they sometimes – I’m like I think you might be wasting my time here with this kind of indulgent 20 minutes.

And because the second episode was taking place essentially in the day, the one or two days following the explosion of a nuclear reactor, I really wanted to people have the sensation that they were just falling through an episode, just out of control. So, I just said, you know what, I’m just going to tighten everything up. I think I can tighten this and just make it way more urgent if I combine episode two and episode three into one episode. And that’s what I did.

And so I called up HBO and said, hey, look, I’m thinking about doing this is that OK? And they were like, yeah, that’s great. And then later – because I come out of movies I found out that I get paid by the episode.

**John:** Ha!

**Craig:** So that’s why I think some of these limited series are a little long, you know. I get paid for another episode, yeah, sure.

**John:** What was the episode ender for episode two as you initially had thought about it in your show bible? Or you had not gotten to what individual scene would end an episode at that point?

**Craig:** You know what? I’ll tell you right now. So the original end of episode two happened around the point in episode two where General Pikalov drives his truck in and comes back and reports that it’s not 3.6 roentgen, it’s 15,000. And then the next thing I showed was a scene that we never had in the show, I never even wrote it. It was the moment where the Swedes determine that something was wrong at the Forsmark Nuclear Power Plant which was kind of the beginning of the end of the secrecy.

So that’s where that ended. And I think I made a smart choice to combine.

**John:** Yeah, I would say that the truck driving in there felt like it was a moment that could have ended the show and yet there was still 20 minutes, there was more runway left there and so it made sense. You did the right thing.

**Craig:** Thanks.

**John:** My last question for you. If you could email yourself back three years ago when you were just starting on this project some piece of advice what advice would you give to younger Craig Mazin going into this about the show?

**Craig:** Hmm. I think I would advise myself to stand by my instincts. And generally I did. But I have – this is the first thing that I’ve ever done that was truly mine. It wasn’t an assignment. It wasn’t a sequel. I didn’t have a writing partner. It was mine. There was no source material like a fictional book or something like that.

So, I went in and said this is the product of my instincts and now unlike those other situations where a lot of times I get into people-pleasing mode and want everyone to be happy, in this case I just was like the most important person to be happy is me. Which is a very weird thing for me because I’m not built that way. I just mostly want the puzzle to work.

But I allowed myself a tiny bit of preciousness, precocity.

**John:** Yeah.

**Craig:** One of those. And I think it helped. And I don’t mean to imply that I ever threw any tantrums or anything. It was more like when I felt that out of the five people in the room, four of them thought one thing and I thought the other, I gave my point of view a full fair hearing. I didn’t always. Sometimes you do change your mind because other people are right. But I didn’t default to, OK well, it’s a vote.

**John:** Good. So you advice would be stick with that the whole time through. Because probably earlier on in the process you felt like, oh, I’m going to have to bend a bit here and you learned that bending was not the right solution.

**Craig:** Yeah. Sometimes I would, you know, I would bend and then I would come back and say, no, no, no, no, we’ve got to go back the other way. And that’s, you know, by and large that worked. But, again, I don’t mean to imply that I wasn’t open to things because all sorts of contributions came in from all directions, from our key cast and from Johan of course and from Carolyn and Jane and everybody involved.

It’s just that it’s not really that I said I’m not going to listen to other people. It’s mostly that I said while I’m listening to other people I will also consider what I want equally, which is new for me. So, I would want that to be fresher in my mind before I started.

**John:** Sounds great. All right. We’re down to two things, so I’m going to say flip a coin.

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

**Siri:** Tails.

**John:** Tails. Tails is Craig’s solo episode. So, Craig, you did a first-ever solo episode. This is back Episode 403 where you taught us how to write a movie.

**Craig:** Yeah.

**John:** It was really good. People loved it. And so, here’s let’s read what Bob wrote. “Immediately upon hearing Hegelian dialectic I shot up from the coach and started taking notes, hitting the pause button frequently and shaking my head as I’d never heard the phrase ‘central dramatic argument’ before. It didn’t stop there. The presentation led me over to my script and allowed me to see it in a whole new way.”

**Craig:** Oh good.

**John:** And I’m going to paste other things in the show notes so you can see and be happy about people’s reaction to it. But I’ve got some questions.

**Craig:** Go for it.

**John:** Here are some questions I have for you. I can very easily imagine someone listening to this or reading the transcript and saying like, “Ah-ha, Craig has found a new formula.”

**Craig:** Oh god. I hope not.

**John:** And I think the reason why they might do that is because the same way that Syd Field took Casablanca and sort of made it fit this sort of paradigm someone could say like, oh, all movies are like Finding Nemo and everything should follow in that thing. So, do you have any sense of how to encourage people to use what’s helpful here but not let this be a straitjacket for them?

**Craig:** Sure. So, Pixar movies in general are formulaic. There is a Pixar formula. And the Pixar formula happens to mesh nicely with my point of view about structure. But that’s – they do it in a very pure way. And animation can do things in story that live action can’t. Animation is almost like pure story. In fact, you will see, I mean, this model of how I’ve described things isn’t just Pixar. It’s across almost every major animated film now, ever since Pixar came on the scene.

But for live action this is meant to just be inspiration for how to think about your characters and how to think about why things happen in a movie at certain times. But your choice of execution should be as unique to you as your own fingerprint. If it’s not, then, you know, you will just have made a very well-structured piece of crap.

So this is not a formula. This is meant to be a kind of philosophical musing on why narrative works the way it does. Why it appeals to us the way it does. And in that sense if I’ve inspired people to stop thinking about plot and start thinking about character first then I will have done my job.

**John:** Great. And I will say having seen Toy Story 4, which I’m guessing you have not seen yet.

**Craig:** Correct.

**John:** It does – it’s completely the Craig Mazin plan. It really does follow the kinds of things that you’re talking about. If you look at Woody’s journey through Toy Story 4 it is a lot of what you’re pitching in your episode.

I want to make it clear that most screenwriters that you encounter in real life are not going to use thesis and antithesis. So Craig is using philosophical terms that are meaningful for his argument, but if you start throwing those around causally people will look at you kind of cross-eyed, or they’ll know that you listened to that episode of Scriptnotes.

**Craig:** Right.

**John:** They’re not things that I’m casually using. Like Aline and I aren’t having mussels and talking over these things.

**Craig:** No, no, or having mussels.

**John:** Oh, Aline and I are having mussels on a regular basis.

**Craig:** Really?

**John:** In Larchmont.

**Craig:** That’s your shellfish choice?

**John:** I love mussels.

**Craig:** No, absolutely true. This is not something you want to just trot out when you’re on your water bottle tour of Los Angeles and you’re sitting in a room with a studio executive or a producer. You could easily sound like a pompous jackass if you begin talking about Hegel. Yeah. This is really more of an inside baseball philosophical thing for you to think about when you’re alone quiet with your laptop or desktop.

**John:** Yes. I would caution that Craig’s philosophy if applied without subtlety and artistry could make it seem like the choices are being made by the author rather than the characters. And so just to really be mindful that your characters don’t end up becoming in a weird way plot bots responding to all the terrible things that the author is doing to them.

And so that’s always one of the trickiest things in writing narrative is you’re laying out these roads for your characters to walk down but making it feel like your characters are choosing to walk down those roads and that they actually have free will. That’s not a unique criticism of Craig’s screenwriting philosophy here, but if done poorly I think that’s what the result is going to feel like. It’s just an angry, evil god punishing these characters.

**Craig:** Yeah. If you’re doing that you’ve got it completely backwards. So the idea is that you need to understand this human being fully. And they need to be interesting. And what they feel and think needs to be interesting. And then you have to ask what would be the most fascinating thing to do to that person given what I know about them. The worst thing you could do would be to go this is the point where torture happens and then they just get tortured but it’s not interesting. It’s just torture. That’s, you know, well some people like that. But it’s not my thing.

**John:** Lastly, I think if I were to lay out sort of my philosophical argument for screenwriting and sort of how to write a movie I would approach it a lot differently. A thing that is a huge focus to me which I didn’t hear you talking a lot about is the role of the audience and the role of the audience’s expectation and the social contract you make with the audience and how they are the third party in all of this. And so you have the author intent. You have the character’s intent. But you also have the audience’s intent. And to really be mindful of what does the audience want. And that they are a character in this drama as well. And to be really thinking about their perspective on that.

And that doesn’t fit neatly into the thesis and antithesis, but they are the other party who is engaged with this whole argument to me.

**Craig:** Yeah. Well, I mean, the truth is I’m mostly thinking about them with this because I’m trying to get at why any of us like any story. But understanding, having an innate sense of what the audience is going to want to want is – that’s where talent is, I think. I mean–

**John:** Absolutely.

**Craig:** Yeah, there’s nothing – I can’t really – I mean, we had a clever headline for the episode, but this is not a substitute for talent. This is merely a way to help talented people organize their thoughts if they’re struggling or feeling like they’ve written something that’s plotty or they feel like they’ve run out of runway.

**John:** The last thing is I went through a list of my top movies and the top 100 movies to think of movies where this thesis/antithesis sort of dynamic doesn’t really come into play. And so there are a lot of movies where you don’t really see this. But I think as long as you’re looking at this as not a formula but a useful set of questions to be challenging yourself with as you start to write, it’s only going to benefit, even if the ultimate movie doesn’t fit into the dynamic of this character’s world view keeps getting challenged the way that Craig’s describing.

So, what I don’t want people to do is think like, well, you know, Jurassic Park doesn’t fit this at all and if you’re saying that Jurassic Park is a bad movie, no. We’re not saying that. I’m just saying that the kinds of questions that Craig is challenging you to ask would make even movies like Jurassic Park which don’t fit this overall template stronger.

**Craig:** Completely. Yeah. There’s nothing – I think I said in it, too, that this is really about a kind of movie. It’s about a very classic sort of movie-movie. But even a lot of classic movie-movies stray away from these things and that’s totally fine.

If you’re writing something and you’re loving it and you’re confident in it then you’re in a good space. If you’re writing something and you’re struggling and you’re not sure why, then maybe this will help. That’s about as much as I can–

**John:** Yeah, I would say the movies that it’s going to help most are the ones that feel like they kind of have a classic hero’s journey. A Joseph Campbell kind of thing. Because I think what you’ve done is a really smart way of addressing the stages of the hero’s journey, but what it really feels like on the character’s perspective. Or what they’re watching.

**Craig:** And it’s free. It’s free. You don’t have to pay $2,500 to go see some dude yammer on stage, or buy a book. It’s free.

**John:** Free!

**Craig:** I’m just trying to put these people out of business, obviously. [laughs]

**John:** It’s a noble goal.

**Craig:** This is just spite.

**John:** All right. Lastly, our last of our eight topics is Aladdin.

**Craig:** Aladdin!

**John:** Aladdin! So, Aladdin crossed $300 million domestic, $900 million worldwide so far. So it’s the highest grossing movie of my career, which is–

**Craig:** Congratulations.

**John:** Which is very exciting. And so I wanted to talk through sort of how much money I’ll be getting off of it. And because that’s the thing that people come to me. It’s like, “Man, you must be rolling in dough. Your movie made a ton of money.” And it’s like, no, it’s great that my movie made a ton of money. I think it’s important for people to understand that I don’t get any of that box office money. Like that ticket you bought, I don’t get any of that. But thank you for buying that ticket. It’s still meaningful and valuable that you bought that ticket.

So, screenwriters, I got paid good money to write a script that became a movie. And down the road thanks to the WGA I will also get residuals. And so residuals are for all the things that aren’t showing on a big screen or showing on an airplane, for weird reasons.

So it’s home video. It’s buying it on iTunes. It’s renting it on iTunes. We have a really good rate for renting on iTunes. So rent that movie on iTunes.

It’s for when it sells to a streaming service, when it shows up on ABC television. Those are the things where I get extra payments for it. So I don’t get any money right off the top of the box office. Sometimes some contracts will have a box office bonus. I checked through my contract. I don’t have any box office bonus, because that would have been swell.

**Craig:** That would have been swell.

**John:** I didn’t have one for Aladdin. But in lieu of that I got a credit bonus which is a common thing you’ll also see. For sharing credit I got a bonus for that.

But I was looking through, so if you’re curious about your residuals I know a lot of screenwriters who never check their residuals. And so on the guild website go to mywga.org. When you’re signed on click on the My Residuals tab. It’s actually really good.

**Craig:** Yeah, it is.

**John:** You know, and so full props and credit to the WGA for figuring out how to really show you your residuals. But by movie or by year you can check exactly how much you’ve gotten and from what categories. And so the closest comp I had for Aladdin is probably Charlie and the Chocolate Factory, which didn’t do quite as well but did really well.

And so over the 15 years since Charlie and the Chocolate Factory came out I’ve made $2.7 million in residuals. And I say that because it’s a big number. And I think it’s important for people to understand that like residuals really do matter. They really are an incredibly important source of income for writers. So those checks come every quarter. You get the big green envelope that has your check in it. The biggest checks are in the first year that a movie shows up on video. But then they do keep coming. And so for a family film like Aladdin I can expect those checks will keep coming.

**Craig:** Yeah. And if you want to understand the value of our union, and I like to point these things out particularly when I’m grousing about them, the original Aladdin, the animated Aladdin, came out in 1993, 1992. It came out in 1992. That’s 27 years ago. And worldwide it made $500 million. And I would venture to say that 27 years ago that’s probably akin to your $900 million now worldwide.

And Terry Rossio and Ted Elliott, who wrote Aladdin, got zero dollars in residuals. And they don’t even get credit for the story, right, for the new one?

**John:** Yeah, they get an onscreen credit, but it’s not a WGA credit.

**Craig:** It’s a source material credit. So the point is the animation world doesn’t have residuals like WGA does unless you’re talking about primetime animation like The Simpsons and Family Guy. So that difference is millions of dollars.

**John:** Yep.

**Craig:** And we can’t work hard enough to protect that. But these are the things – and it’s really when I look over at animation I go, OK, whenever I’m feeling a little grumpy about the guild I just look at animation and I go we get to determine our own credits. We get residuals. This is really, really important. Because it’s a strange feeling to know that in massive success not one penny is going to trickle down to you. That’s bad.

**John:** It is bad.

A thing I do want to say is that I am assuming that Aladdin will come out on iTunes, it will be available on DVD and all those normal things. And I’ve seen cover art for DVDs, so I think they will exist. I think that’s a thing that’s going to happen. But another thing I know is going to happen is Disney+.

**Craig:** Right.

**John:** So, Disney+ is Disney’s equivalent to Netflix, it’s a streaming service. Aladdin will of course show up on Disney+ and not on Netflix or someplace else. And the rate that Disney will charge Disney for the movie of Aladdin determines how much residuals I will get. And that is a weird situation. So that is the reason why I’m going to be very mindful of sort of what numbers they are reporting for how much they are licensing Aladdin to itself.

**Craig:** Sure. And we know that Disney+, which I think is going to be an enormous success for Disney, is starting out at a very reduced monthly rate to sign the world up, which I think they will. And so you’re right. That does impact your earnings.

Now, compared to Charlie and the Chocolate Factory which was driven largely by DVD sales, our rate for Internet rentals and streaming and sales I think is a bit better.

**John:** It is.

**Craig:** Than the DVD rate. So it may balance out. But you’re right. There’s a huge difference when someone is buying a DVD that costs $18 or someone is paying – what is the initial Disney+ rate? Like $12 or something?

**John:** It’s surprisingly low.

**Craig:** Yeah, for a month, and your one piece of it. So you carve out your biddy share of the whole thing. I mean, which in Aladdin’s case will be a pretty good share. But, yeah, I’m fascinated to see how that functions.

In the long run I think it will be good for writers. In the short term, while Disney is slowly harvesting humanity it may be slightly negatively impacted.

**John:** Yeah. So I would say all the streaming services on the short run have been good for writers. So we say Netflix, we also mean AppleTV Plus, we mean Amazon.

**Craig:** Amazon.

**John:** Hulu. The folks who are employing writers – that’s awesome. That’s good. More writers employed is really great. The challenge will come when it’s time to figure out residuals for some of these projects which are essentially just made for the services and how we are going to calculate those.

**Craig:** Well, see, it’s hard.

**John:** It’s hard.

**Craig:** It’s hard.

**John:** So somebody on the WGA board in these upcoming years will have to figure out how we’re going to do that.

**Craig:** Somebody is going to have to figure out who to hire to do that.

**John:** Ah-ha. That’s true. It’s not just an elected person’s decision.

**Craig:** Fire fast, hire slow.

**John:** We have come to the end of our eight topics. Man, that was a lot but I think we did well by at least seven of those.

**Craig:** Yeah.

**John:** So good on you and me.

**Craig:** Yeah.

**John:** It’s time for our One Cool Things. My One Cool Thing is the Rodecaster Pro Sound Board. It’s a recording studio for podcasts. So it’s not what I’m using right now to record this because I’m just recording directly into my computer, but when Craig and I are live and in person, or with a guest we’re often doing it at this improvised little studio I have at my house. And it’s been a real challenge. And as we were recording the Rachel Bloom episode like the computer froze up. There were real production issues. And so I ended up buying this new board and it’s really good.

So I would say if you’re thinking about doing a kind of podcast where it’s two or three people in a room talking, this is probably the thing to get. Because you just plug in microphones, you plug in headphones. People can hear themselves in both sides of their headphones. Craig, you’ll like that.

**Craig:** Yeah. Look at this thing. It’s like a little mixing board basically. So it’s got mic pre-amps already in there. Oh yeah. And I assume it’s just USB to your laptop?

**John:** It’s USB to your laptop, but it records onto a little card itself. And it records separate channels. So you want to record separate channels. And originally this didn’t have multi-channel recording. Multi-channel recording means that each mic is being recorded separately. It is a godsend when it comes to actually cutting episodes together.

**Craig:** Yeah, no question.

**John:** So, buy this.

**Craig:** Somebody is always quieter than somebody else and all that. And so, yeah, it’s a huge help. No question.

**John:** And so next time we have you out of the studio and you’re calling in, it can also patch in, Skype through the computer. So it should work much better for these things. So, I recommend the Rodecaster Pro for folks who are considering a podcast.

**Craig:** Brilliant.

**John:** Brilliant.

**Craig:** Brilliant. Well, my One Cool Thing is a lot of people’s One Cool Thing, but you know, I struggle to keep up with television. I do. But I was traveling back and forth last week and I took the opportunity with some extra free time to watch Russian Doll from Natasha Lyonne and Leslye Headland and Amy Poehler. And I loved it. I loved it. I thought it was awesome.

And, you know, OK, one of my least favorite things about peak TV, someone comes, “Have you seen blah-blah-blah?” No, haven’t seen it. “OK, it’s amazing. You have to get through the first 4,000 episodes, but then the next 12,000 episodes are incredible. And I’m like, uh, that sounds like a lot of work man. And in this one, I’m like I enjoyed the first three episodes, clearly. You got to get to the end of episode three or you’re not going to ever get to the absolute joy and shock and dismay of the rest of the show which is at times really funny and at times really beautiful and at times terrifying.

And Natasha is a force of nature. Just remarkable on it. So, yeah, I couldn’t love it more.

**John:** So you realize sort of like your connection to Russian Doll? So we were on the Slate Culture Gabfest and Natasha Lyonne was the other guest.

**Craig:** I remember.

**John:** On the Slate Culture Gabfest. And she had recommended Black Mirror. That was her sort of equivalent of her One Cool Thing. So I feel like there is a synchronicity here because I don’t think you necessarily get to Russian Doll without Black Mirror happening first and sort of like shattering some glass around there, sort of make it possible to make such a weird, great series.

**Craig:** Yeah.

**John:** And so I think it all comes together in a very great way. But I agree. Russian Doll is one of my favorite things of the year. Just geniusly done.

**Craig:** Yeah. Just beautiful work. I just loved it.

**John:** Give them money to do whatever they want to do next because we want more of it.

**Craig:** Well I think they’re doing a second season of Russian Doll. I was like, how? But yes.

**John:** But more please. Cool. And that’s our show for this week. Our show is produced by Megana Rao. It is edited by Matthew Chilelli. Our outro this week is by Arbitrary Jukebox Experiment. And a correction, on a previous episode, Episode 397, we accidentally credited them with Thomas Johnstone’s outro. So fixing that. Sorry Thomas Johnstone. Sorry Arbitrary Jukebox Experiment. But thank you for everyone who sends in outros because they are fantastic.

You can send your outro to ask@johnaugust.com. That’s also the place where you can send longer questions. But for short questions, Craig is on Twitter @clmazin. I’m @johnaugust.

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

Folks do recaps of our episodes on Reddit. So go there and check out the recap if you want to see what people are talking about with the show. You can find all the back episodes of this show at Scriptnotes.net, or you can download 50-episode seasons at store.johnaugust.com.

And you might want to check out the Listener’s Guide there if you’re new to the show because people have recommended their favorite episodes. So if you want to catch up this will tell you what episodes to prioritize as you’re doing your catchup.

**Craig:** Brilliant. You know, we have 4,000 – you’ve got to get through the first 4,000 podcast episodes.

**John:** Yes.

**Craig:** But the next 20,000 are great.

**John:** Yeah, I mean, because you have to listen to them all in order because as you know it builds episode by episode.

**Craig:** Builds.

**John:** And there’s no randomness. It’s not like we’re rolling dice to figure out what we’re going to talk about.

**Craig:** No.

**John:** It’s all planned.

**Craig:** You won’t understand why Episode 378 is genius unless you hear the setup in Episode 16. So good.

**John:** It’s really, really elaborate.

**Craig:** Yeah.

**John:** Craig, thanks.

**Craig:** Thank you John for a wonderful dice-rolling show.

**John:** Have a good week. Bye.

Links:

* [Scriptnotes Episode 406, Better Sex with Rachel Bloom](https://johnaugust.com/2019/better-sex-with-rachel-bloom)
* [Verve Talent and Literary Agency](https://www.vervetla.com/) and [John’s Tweets](https://twitter.com/johnaugust/status/1144754149763850241).
* Find Chernobyl scripts [here](https://johnaugust.com/library)!
* Watch [Chernobyl](https://www.hbo.com/chernobyl), listen to the podcast [here](https://podcasts.apple.com/us/podcast/the-chernobyl-podcast).
* [WGA Financials](https://www.wga.org/the-guild/about-us/annual-report)
* [Dots, Dashes, and Parentheticals](https://www.youtube.com/watch?v=O7XUNvtNSt8&feature=youtu.be)
* [Scriptnotes Episode 403, How to Write a Movie](https://johnaugust.com/2019/how-to-write-a-movie)
* [Aladdin](https://movies.disney.com/aladdin-2019)
* [Rodecaster Pro Sound Board](https://www.rode.com/rodecasterpro)
* [Russian Doll](https://www.netflix.com/watch/80211627?source=35)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by the Arbitrary Jukebox Experiment ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_408_rolling_dice.mp3).

Scriptnotes, Ep 407: Understanding Your Feature Contract, Transcript

July 11, 2019 Scriptnotes Transcript

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

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

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

Hello and welcome. My name is John August.

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

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

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

**Craig:** I’ll make it interesting.

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

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

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

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

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

What was the first contract that you signed for writing?

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

**John:** Ha.

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

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

**Craig:** Yes.

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

**Craig:** Yes.

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

**Laurie Espinosa:** Thank you.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**Craig:** I’ve gotten nothing.

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

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

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

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

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

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

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

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

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

**Craig:** Don’t read it. Yeah.

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

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

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

**John:** Don’t. Yeah.

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

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

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

**John:** I’m sorry. It’s one step.

**John:** Commencement and delivery.

**Craig:** Commencement and delivery.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**Craig:** It’s fair.

**John:** It’s fair.

**Ken:** It’s reasonable.

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

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

**Craig:** Right.

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

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

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

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

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

**Craig:** The contingency is death.

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

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

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

**Craig:** Net profits.

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

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

**Craig:** Don’t count on it.

**John:** Don’t count on it.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**Laurie:** Exactly.

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

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

**Craig:** The option.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**John:** Great.

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

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

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

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

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

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

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

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

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

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

**John:** Or Disney Plus?

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

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

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

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

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

**Ken:** Correct.

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

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

**John:** Cool.

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

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

**Craig:** Gotta love transpo.

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

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

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

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

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

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

**John:** Lower scale.

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

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

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

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

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

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

**Craig:** Yep.

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

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

**John:** Yeah.

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

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

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

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

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

**Craig:** Begrudgingly.

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

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

**John:** Point number nine.

**Craig:** Oh yes.

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

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

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

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

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

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

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

**John:** Great.

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

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

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

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

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

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

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

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

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

**Craig:** Oh, sweet.

**John:** It’s nice.

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

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

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

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

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

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

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

**John:** Yeah. Confidentiality. Lender and artist acknowledge that prior to and/or during lender’s and artist’s contact there’s confidential information. Ken, does this become an important negotiating point?

**Ken:** Generally not. But you can imagine, I mean, what it’s really saying is it’s a couple things. One, they don’t want you running around talking about what your compensation is. And two, also, you shouldn’t be out there publicizing the film, sharing pages, giving secrets away, that kind of thing.

**Laurie:** Spoilers.

**Ken:** Yeah.

**Craig:** Spoilers.

**John:** So I didn’t see this thing about compensation, so is it saying that I’m not allowed – would I not be allowed to talk about how much I got on a project? I didn’t see that in this.

**Ken:** In this one it may not say it. Some agreements definitely do, you know, where they want you to keep the terms confidential. Sometimes.

**John:** Cool. Notices. Any notice pertaining hereto shall be in writing. And it’s saying they can send it by mail, cable, or fax, or telecopy.

**Craig:** Usually cable.

**John:** Cable is how I do all my stuff. Telegrams is the best.

**Craig:** You are no longer working. Stop.

**John:** Ha. But where this cuts off would be the address of like who notices should go to. And that’s important to be in there. And they should be in theory still be sending them to the address that is there. And if that’s no longer the person who is representing you or the place it should go, make sure that gets updated.

**Craig:** Yeah. And notices, the biggest problem that we have with notices comes down to credits. Because there have been some very sad cases where the guild has sent the notice of tentative writing credits to the person listed here, that is the representative of the writer, and that person just doesn’t pass it along, or it wasn’t the right person, or that person was terminated during the writing. So you’ve just got to be really aware of that one. The most important thing there is going to be credits I think.

**Laurie:** Because there’s a very quick turnaround in terms of finalizing the credits.

**Craig:** Correct. And if suddenly two weeks later someone calls you up and says, yeah, so it’s over. What’s over? It can happen.

**John:** Insurance. Lender and artist shall be covered as an additional insured on the studios errors and omissions insurance policy. You want that. That is good.

**Laurie:** That is required in here by the way.

**John:** Great.

**Craig:** Indemnification.

**John:** Nice. Indemnification is – what’s indemnification? Help me out. I don’t even know.

**Ken:** Indemnification is basically saying – usually this will go along with another provision called Representation and Warranties. Where essentially – in general you’re saying as you said earlier this is original to me. I’m the person who wrote this. I didn’t steal this from anybody else. And you’re generally saying but if I did, if I stole this or if I’ve breached this representation somehow I’m responsible and I will indemnify you, studio, for any expenses or liability you incur.

But on the flip side, and that’s what’s addressed here, you studio are going to indemnify me and protect me if there are any claims against me in connection with the film that didn’t arise from my breach of my obligation.

**Craig:** And there will be. If there’s a movie that’s a big movie inevitably somebody is going to wriggle out from under a rock and say you stole my… – And then the studio has to bat that away. You are not on the hook for that sort of thing and I don’t know – honestly, I don’t know of any writer that has ever actually committed some kind of plagiarism or fraud and then been exposed because of breach here. We don’t do it.

**John:** No.

**Craig:** And they protect us.

**John:** Crediting. Over scale cash payments for writing services any credit bonus, or any contingent payment paid to lender and picture shall not be credited against residuals which may become payable to lender and artist for the picture. Basically the money they pay – they can’t take the money they’ve already paid you out of your residuals.

**Craig:** They can’t chew into that. That makes sense.

**John:** Residuals are a different thing.

**Craig:** Correct.

**John:** The premiere! Congratulations. You get to go to the premiere. We talked about the Aladdin premiere. In this case if the writer got sole or shared screenplay by credit or written by credit they get to go to the premiere.

**Craig:** This is where you find out what they really think of you.

**John:** Yes. So this writer, let’s see, artist and one non-business related companion–

**Craig:** Two tickets.

**John:** Two tickets.

**Craig:** That’s what you get.

**John:** To the US celebrity premiere.

**Craig:** You’re getting two tickets to the movie you wrote, to be a theater filled with people that have nothing to do with the movie. That’s basically the deal. But it will detail what the transportation and hotel might be if the premiere is at a distant location, because sometimes it’ll be in New York or somewhere else. So, you know, this is an area where somebody like Ken can, if he knows like OK my client would love to take his family or his friends, this is a place where he can grind them a little bit. But, you know, the attitude on these things from the studio is the premiere is not to celebrate your genius. The premiere is to sell tickets. And sorry, this don’t sell nothing so. And so that’s why they’re a bit cheap on it. But they don’t seem to be that stingy when it comes to producers, do they?

**John:** No. Point 19, YOU GET A DVD. You get a DVD of your movie. Congratulations. You made your movie, you get a DVD.

**Laurie:** You don’t have a DVD player anymore.

**John:** No, not at my house.

**Craig:** Also they don’t send them.

**John:** No.

**Craig:** No. They’ve just stopped. They know we don’t want them. They’ve just stopped.

**John:** Point 21, the cure. No, just a cure. On a one-time only basis – I read through this paragraph two or three times and didn’t really get it, so?

**Ken:** I wouldn’t get worked up about it. It’s basically saying if they would otherwise say that you’d done something wrong, you breached something, you didn’t comply, they have to tell you and you get a chance to correct that mistake. I can’t think of a situation in which that’s really come up in this context.

**John:** So you get one whoops.

**Craig:** You get two days to buff that out.

**John:** Point 22, WGA MBA. Artist’s services hereunder shall be subjected to the terms of the MBA. At this point Laurie points to her big purple notebook, spiral bound. This is our MBA, the basic agreement, which has all the rules of how the Writers Guild and the studios do stuff together.

**Laurie:** Right. And this is an agreement between the guild and the studios that’s enforceable in the same way that this agreement is enforceable. So we have two things going on simultaneously. But in no event can an individual writer agree to something that is less favorable than what’s in the minimum basic agreement. And that’s the whole point of it. So even if there were something in the agreement, and oftentimes there is something hidden in the standard terms and conditions or somewhere else that is a violation technically of this agreement. It’s not enforceable by the studio because they have agreed to do this.

**John:** Yes. So you can’t go lower than this. This is the base and everything has to build up above the MBA.

**Craig:** And this is essentially the paragraph that tells you you’re working on a WGA project. You are not allowed to work – if you’re in a covered work area you can’t not have this in your contract.

**Laurie:** Right. And by the way making sure the company that’s listed in the contract is signatory is a critical thing. It’s not always a studio and you might not always be absolutely certain that this particular entity is signatory. So you can always call the signatories department to confirm that.

**John:** Yeah. This wouldn’t be a Scriptnotes podcast if we didn’t rail on Bob Weinstein once.

**Craig:** Let’s go. Here we go. Everybody line up.

**John:** My second project they tried to hire me under the non-signatory thing. And like, no, I am a guild member. You have to hire me under their signatory branch.

**Craig:** That’s weird because their adherence to ethics is notorious. I’m not sure what happened there.

**John:** Mm.

**Craig:** Hmm.

**John:** Now we get to the exhibits. Exhibit A, writer’s certificate. And so this says as of date the undersigned certifies that for valuable consideration, basically there is an agreement here between movie, Wet Dog Pictures–

**Craig:** You’re paying me to write it. You’re paying me to write it and I’m writing it. And this is the thing – the invention of this is the greatest because I don’t know when I started if they had these frequently.

**Ken:** Basically the certificate which will be, they vary at the different studios, but a very short document which basically just says, hey, we own what you’re doing and you represent more that you didn’t steal from anybody else, etc. Because usually what the studio may do is they may take this, they file it in the copyright office, and it’s just a simple document. It doesn’t have any confidential terms. It doesn’t have any money in it. It’s just their way of putting out there publicly that, hey, we own this thing without having to reveal any private details.

**Craig:** Right. And then that in turn gives them the comfort to pay you your commencement even though somebody like Ken is trying to figure out how many dollars you get for a trip to Tokyo, you know. Because that can take a really long time. And every one of these contracts I’ve ever had my lawyers red line through dozens of things. And some of these things are important. But if you really have to wait for this whole thing to be done months will go by, or as we said earlier it never happens.

**John:** Yeah. Exhibit B is a thing I’ve never had to actually do. Procedures for annotating the screenplay.

**Craig:** I had to do this.

**John:** You had to do this for Chernobyl.

**Craig:** Yes.

**John:** This is marking up sort of the stuff that is in your script. Who are real characters? What are real places? What you changed and where you consulted to get the information in this? So I know you had to do this for Chernobyl, marking up.

**Craig:** Yeah. I was back in 11th grade and I was doing a bibliography and citations and everything. Because, I mean, the company had their own person that goes through it and does his own thing of like, OK, yeah, you didn’t make this up. Because they’re protecting themselves against you defaming people or you just saying things that are wildly incorrect. But you may have to do this. And this is something that I think a lot of people are caught unawares. There are people that will help you do it. There are people that can hired to essentially assemble the annotated screenplay form with you. But, yeah, if you’re working in a space where you are adapting or representing true facts, someone’s life/history, you’re going to be on the hook for this.

**Laurie:** And that ties into the representation and warranty section that you were mentioning earlier. And the company is supposed to notify you upfront if you’re supposed to be annotating.

**Craig:** Yes.

**Ken:** Because usually in those reps and warranties it will say, hey, you are not writing about a real person unless you tell us you are. Exactly.

**John:** So, we made it through the end of the contract.

**Craig:** Let’s do it again!

**John:** Let’s keep in mind this is the contract for them paying you to write something. This wouldn’t be exactly the situation if you wrote a spec script and you were selling it to a place or optioning it to a place. So Ken could you quickly talk us through what other things would we see in a spec sale? Would it be a separate contract completely?

**Ken:** Sure. It depends on the studio. So, if you’re selling a spec it might be one contract or it might be two. So, if it were two you might have one which is essentially called a screenplay purchase agreement. Or it were an option purchase agreement it would be an option purchase agreement. And then separately you might have a writing agreement.

**John:** Great.

**Ken:** And so the writing agreement would look very much like what you just saw. And the purchase agreement, not terribly complicated other than there’s a purchase price for buying the script and then it would have a whole host of assignment type language where you’re assigning all rights over to them, once again featuring representations and warranties and indemnities. But the two together would have you transferring ownership to them and then also discuss the rewriting you’re going to do of your own script.

**John:** Great. Because we’re the guild I’m going to talk a little guild stuff here. The Start Button, just show of hands, who here knows what the Start Button is, feature writers? Oh, that’s better than I would have guessed. Who here has used the Start Button? Shorter number. But let’s talk through like how this ties in with your contract. Because the Start Button is a service that’s on the website right now. With the Start Button when you start writing on your feature project or a pilot it also works well you’re going to go in, you click Start Button, and you say create new project. You’re going to create a new project and you’re going to go into little fields and fill stuff out that says what the title of the movie is, who it’s for, the person authorized to accept delivery per contract, exactly the thing that Laurie stressed. Who the producers are.

Once you have your contract you’ll click that little button there and upload your contract. You’re supposed to be doing that. And actually feature writers are much better than TV writers. So, we’re awesome. We tend to submit our contracts. But then you’ll put in your steps. So, a step, what is a step? Well we talked about that. A step is, you know, first draft, your optional rewrite, your optional polish. You’re going to put that information in and say how long you’re expecting to be working on those things. And it will kick you back an email when that time is about to run up saying like, hey, how’s that going, is everything good? Is there a problem? Do you need the guild to help come in?

Because TV writers, they get paid on time because they are making a show every week. Feature writers, we don’t get paid on time because they just don’t. And so we want to make sure people are getting paid on time. And the way we can do that is by using this and letting the guild be the bad guy at times. You know, your reps should be the bad guys, but sometimes your reps aren’t doing a great job being the bad guys.

**Craig:** Reps. These reps you speak of.

**John:** But let’s let the guild do that, because the guild is really good at collecting money and doing that. And so try using the Start Button on your next project. I’ve used it regularly because we were testing it and it does help. It reminds you also because, you know, the thing like wait how long is my writing period? Look at your contract. Look at the notes you scribbled down. It gives you a sense of just a little bit more control over the process from your perspective.

And then lastly guild wise, I’ll point out that this working rule number three says like you know what you actually are supposed to be sending in your contract. That’s how the guild sort of knows what’s happening out there, what people are working on, and what are the common points. So you see a ton of contracts, but with more contracts you see like how many one-step deals are really getting made. Well, we’d know because we’d see all of the contracts.

**Laurie:** Right. I mean, there’s really a dual purpose for us collecting the agreements. One is enforcement. We tend to be able to guide writers through the process even when they’re making a deal, but especially after they’ve made a deal we can check to make sure the terms comply with the MBA and we can enforce it. And really also another major purpose is just gathering information to support the guild’s strategic goals. Just like you said, what’s happening in the industry, what are the trends, and what are the problems that keep arising.

**John:** Yeah. That is it for our official presentation, but we do have a few minutes to take any questions if people have questions. Craig says he’s going to the bathroom. We’ll see if he returns.

**Male Audience Member:** Yeah, I don’t know if that has to do with favored nations, would that be something that’s in the contract, favored nations? And the other thing with the Start Button, if that would be if – in other words if you’re already in the process of you getting paid, or is Start Button like if you’re writing a spec script but nobody made a deal yet?

**John:** Great. So I can address that first part. The Start Button is more for when you are getting paid because it’s really about sort of this person is paying me, I’ve started working on it, and I’m delivering it. And there’s an expectation that I’m going to be paid for it. So it’s not really a planning thing like that. It’s really more for you’re being hired as a writer for things. But let’s talk about favored nations and most favored nations. Where would you see something like most favored nations show up in a writer’s contract?

**Ken:** It’s not a terribly common term for feature writing contracts because as a general matter, you know, so favored nations or most favored nations is terminology which basically means you’re going to be treated no worse than anybody else. OK. And it comes up all the time for actors where my trailer is going to be no worse than anybody else’s. Or sometimes a profit definition where my definition is going to be no worse than anybody else’s. Or my credit will be no smaller size, or that sort of thing.

In a feature writer agreement it’s much less common just because as a general matter you’re the only writer at that time doing it. So, it wouldn’t come up very often. TV writer contracts sometimes in other ways. But not very common for features.

If you had two or three writers writing at the same time, but usually from a compensation perspective usually they will have each made their own deals. Sometimes when you’re doing like a roundtable deal where there’s multiple writers coming in for the same – to all work for a day on a project, it would be a favored nations deal where everyone is getting the same compensation. So it would come up there. You’re right, if it’s a bunch of people doing the same job at the same time it might.

**John:** Let’s take over here.

**Male Audience Member:** I had a question regarding working outside the US. Saying you get hired to write something in Mexico in a different language. Does that still apply? Are we protected from the guild from something like that?

**Laurie:** So, you’re both bound by working rule eight to make sure that company is signatory and, yes, the protections will still apply if the company is transporting you for the purpose of performing those services elsewhere.

But always call us before that happens just so we can make sure.

**John:** And when you say always call us, what department should they be calling in?

**Laurie:** Call contracts for that. That’s a good starting point.

**Male Audience Member:** Great. Thank you.

**John:** Fantastic. Over this side.

**Male Audience Member:** Option trigger question. If the employer is outside the reading time period, whatever that is, and then they say we want to trigger an option, which is I’m sure fairly common where in one of those, what to do next on a contract level and if you’re willing on political level?

**Craig:** I’ve been in that situation and we just said, well, OK, let’s negotiate a price. I mean, they can say, well, we did. And you can say it doesn’t apply anymore. You wouldn’t be asking me to do this if you didn’t want me to do it. And you definitely wouldn’t be asking me to do it outside of this four-week reading period if you didn’t screw up, so I’ve got a little something here. Let’s just talk about it. There should be some sort of price to pay for that. Even if it’s a little penalty.

But, yeah, I would approach it as just a negotiation for another step. That’s how I would do it. I don’t think there’s a political problem with it.

**John:** I would say I don’t think I’ve ever asked for, you know, we’ve gone past the reading period–

**Craig:** You’re missing out on so much money. Hundreds and hundreds of dollars.

**John:** I think there is a political aspect to it because if it’s a thing that you genuinely believe is going to go to the next thing and they’re not just stringing you along, you may decide to just go for it.

**Male Audience Member:** Shine that they’re outside of it.

**Ken:** It also depends on do you want to do the step or not. Because you absolutely have the right to say I’m not interested in doing it. And particularly if it’s a deal you made a while ago or your price has gone up since then and you feel the compensation is not appropriate you may just not want to do it if the money is not right. And you absolutely have the right to say no.

**Male Audience Member:** Thanks.

**John:** This way.

**Male Audience Member:** Yeah, I have a question on specs. Specifically on P&H, because we’re lucky enough to have a fantastic medical plan and my understanding is that we do not get credit compensation payment for specs. So, where exactly in the contract negotiation do we make sure that we’re getting the rewrite? And my second part of that question is do we get the P&H credits for just the rewrite or for all of that by triggering the rewrite?

**Craig:** They get that first rewrite as a function right?

**Laurie:** As long as its original, meaning the characters in the story in your spec are original and you sell it to a signatory, under the separated rights provisions you’ll have the opportunity to perform the first rewrite. And to answer your second question you get contributions on everything. So you if you just have the sale and no writing services, then no compensation at all. But once you perform a rewrite or other revisions in connection with that project then contributions are due on everything, including the purchase price.

**Male Audience Member:** Awesome. Thanks so much.

**John:** That’s great. Thank you. This way.

**Male Audience Member:** I’ve got a couple questions about assigned material. First, I mean, the examples you gave are usually we’re given documents or previous drafts. But sometimes you’ll go in and meet with an executive and they’ll say, “Hey, I’ve just got this idea.” Could they ever say that assigned material is that executive’s two sentence log line that they told you?

**Laurie:** They can say it. There are different ways that the term is used. I’ll let you—

**Ken:** Yeah, no, I mean, I’ve definitely seen them try to say it. I’ve literally seen contracts say, you know, based on an idea supplied by the studio. And depending upon what you’re concerned about you might either want that out of the contract altogether or you might want to make it very clear that it’s based on an oral idea from the studio because for credit purposes as the guys were discussing earlier if it’s simply an oral idea that someone gave you that still remains an original screenplay. There was no previously exploited material or anything. And so it would just – I’d want to understand better what it is. And then I would talk with my client what were you given, what were you told. But simply an idea shouldn’t be something that impacts you and so I’d either keep it out or specify that it’s oral.

**Laurie:** And that also impacts compensation provisions as well as separated rights. So when we think of what is assigned material that’s a story intangible in fixed form. So some sort of idea, some sort of oral instructions won’t rise to that level.

**Male Audience Member:** The other question is you talked about how sometimes they’ll assign public domain material. Is there any benefit for a studio to do that, or are they just being dicks?

**Craig:** It seems like they’re being dicks. Sometimes, in the one instance where I confronted it it was part of a larger legal strategy they were trying to make about what they did control from an extension of a public domain work. Because, you know, these public domain works kick off derivative works. And then those are property because they’re new. And then those kick off things. And so it seemed like this was more about them than about me. But the problem was that it changed the nature of the work I was doing and so that was worth arguing about.

**John:** Great. Thank you. Our last question.

**Female Audience Member:** Hi, I have a question for those of us who work in TV regularly and are now trying to do features for the first time between seasons, it’s really scary to hear how long it takes for that contract to go. So do I pretty much need to put my contract in place three months before my television series is up?

**Craig:** No.

**Female Audience Member:** So I can have the four months I have free off?

**Craig:** I don’t think so. I mean, generally speaking, and correct me if I’m wrong, they know you have a time window. And you get the points that we discussed that were the deal memo points, how much money, how many steps. Then from that point they can generate that Certificate of Authorship. You can sign that, turn it in, and they can commence you. And while you’re writing your attorney is going back and forth with them to try to shape that—

**Ken:** True and not true. I mean, in fairness—

**Craig:** You say true and true?

**Ken:** True and not true. Most studios will not pay you on a signing certificate.

**Craig:** Really? How have I been getting away with this?

**Laurie:** But they’ll commence you probably right?

**Ken:** Most won’t, once again, with a feature writing deal. With that said I would say a few things.

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

**Ken:** As much as they’re saying it takes a super long time, feature writing contracts shouldn’t take that long to get done. They really shouldn’t. And also I would just say unlike – obviously you’ll have a ton on your plate, it may not be easy for you to write your feature during the TV season because you’re super busy, but I would just say that unlike this feature contract which generally provides that during writing periods you’re exclusive to them, you’re not allowed to work on other things unless they’ve been specifically carved out, generally – not always – but generally a TV writing contract wouldn’t make you exclusive in movies, so that you would be allowed to work on the movie while you’re in the season of your TV show.

Some studios try to overreach and say that you’re totally exclusive during the season. Depending upon the studio, depending upon the show, your stature, what have you, that can usually be changed. OK? But I don’t know if that answers the questions to part two.

**Female Audience Member:** Great. So I’ll have time hopefully.

**John:** Yeah. A thing we’ve learned is that most feature writers are also TV writers these days. So, that is the new normal is that most of the folks are working in both. And so you’re entering into a place where many people have gone down this before. And we’ve mentioned they didn’t carve out any specific pre or prior things, but your feature contract would probably acknowledge that you are on a show or that there’s some other commitment that you have that could delay some things.

**Laurie:** And you probably also want to check your series contract, too, regarding the exclusivity provision just to see what it says.

**Female Audience Member:** OK, great. Thanks so much.

**John:** I want to thank Ken Richman and Laurie Espinosa for all their expertise.

**Craig:** Thank you guys.

**Ken:** My pleasure.

**John:** Craig and I often play lawyers on the show but we don’t actually know what we’re talking about–

**Craig:** I feel like I kind of do. I feel like I could get away with it.

**John:** He’s kind of a doctor.

**Craig:** I’m kind of a doctor.

**John:** Yeah.

**Craig:** And kind of a lawyer. I am a nuclear physicist.

**John:** He is a nuclear physicist. I want to thank Albert for putting together tonight’s production. Thank you very much for this, for putting this together. And thank you all for coming out. This was a great little session. Thank you very much.

***

OK, I’m back. Some last bits of follow up. Obviously there’s a lot going on in the agency negotiations so we will get back to that soon. We’ve also had a lot of folks writing in about Craig’s master class on thesis and antithesis, so we will be revisiting that topic.

In the meantime, Scriptnotes is produced by Megana Rao. It was edited by Matthew Chilelli. Our outro this week is by Alex Winder. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For shorter questions on Twitter Craig is @clmazin and I am @johnaugust.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you’ll find the transcripts. You can find a recap of the show generally on Reddit. You can find all the back episodes of the show at Scriptnotes.net or download 60-episode seasons at store.johnaugust.com. You may want to check out the Scriptnotes Listener’s Guide at johnaugust.com/guide to find out which episodes our listeners recommended most. Thanks and we’ll see you next week.

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Scriptnotes, Ep 378: The Worst of the Worst — Transcript

January 2, 2019 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2018/the-worst-of-the-worst).

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

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

**John:** And this is Episode 378 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast we’re going to dash hopes, ruin friendships, and destroy things we love most.

**Craig:** Oh, thank god.

**John:** As we talk about why bad things need to happen to characters we love. Plus, we’ll be answering questions about WGA signatories and old TV scripts.

**Craig:** Well that sounds fun.

**John:** Yeah, Craig, it’s nice to have you back.

**Craig:** It’s good to be back. I’m so sorry I missed – since I’ve been working and traveling, you’re working and traveling, and then I had some needle shoved into my spine last week.

**John:** Oh, no, not good. Don’t do that.

**Craig:** It wasn’t an accident. It was on purpose. There was a medical professional doing it.

**John:** All the kids are doing it.

**Craig:** All the kids are doing it.

**John:** Yeah, just inject – first it was Juuls, and then they’re injecting things into their spines.

**Craig:** Exactly. So that was why. Initially it was supposed to happen first thing in the morning and our podcast interview with Phil and Matt was going to be in the afternoon, and then they had an adjustment. So when I got out of that thing I was about two hours away from doing the podcast and just feeling really weird and oogie. So, yeah, but I’m back. I’m back.

**John:** He’s back. He’s no longer oogie. He’s full of boogie. And you can see Craig in person on December 12th which is tomorrow as this episode comes out. We are doing our live show in Hollywood. Our guests are fantastic. Zoanne Clack of Grey’s Anatomy, Pamela Ribon of Ralph Breaks the Internet. Cherry Chevapravatdumrong of Family Guy and The Orville, plus Phil Lord and Chris Miller of Lego Movie and the new Spider Man: Into the Spider-Verse. So we are hyping this show, but for all I know we’re sold out and it’s just–

**Craig:** We should be based on that list of people. By the way, Zoanne Clack I think is a medical doctor.

**John:** She’s a medical doctor. So if Craig has an emergency, she’s the person.

**Craig:** We’ll be talking about my spine on that show. But this is an amazing lineup of people. Totally – everybody from different places – well, we do have three representatives of animation come to think of it. All right. All right. Lord and Miller, I mean, boom, Pam Ribon has got this huge movie out. Everybody is famous. And you know what? Why would anyone not want to go to this show? Plus, me and you.

**John:** Well that’s us. I mean, that’s the other celebrities in this whole thing.

**Craig:** Yeah.

**John:** Sometimes we like try to land a big name and then it’s like, you know what, let us be the big names sometimes.

**Craig:** We’re the big name.

**John:** Zoanne Clack, yes, she’s a medical doctor, but what I really want to talk to her about on the show is how she’s transitioned from being a doctor to writing a show about doctors. Because we get so many questions from listeners about like “I am a police detective, but I want to write detective stories.” And that’s an interesting, fascinating transition. She has done it, so she will be able to tell us what that life is like.

**Craig:** Maybe she can also chat a little bit about our episode where we went through all the mistakes that, like the fake medicine on TV. I wonder if she’s ever – well, you know what, let’s save the Zoanne questions for when we’re with Zoanne.

**John:** Absolutely. We also have another live show to announce. I’m very excited to announce that we are doing a screening of Princess Bride and an episode afterwards in which we’ll be talking about the movie we just saw. So, William Goldman passed away this past month. We are going to be doing a series of screenings for the WGA. This is going to be at the WGA Theater on January 27th. So, Craig and I will watch the movie then discuss the movie afterwards with the audience. And so this is I think going to be open up to everyone. So once there are tickets there will be a link in the show notes for that. I’m very excited to do that.

**Craig:** Yeah. Me too. It’s one of my favorite movies and William Goldman was a giant. So it’ll be nice. It’ll be nice to do that in his memory.

**John:** Absolutely. And so this will be kind of a trial run also because I’d like to do more of these on the whole. So if this goes well there’s some movies down the road I want to do a deep dive on. We’ll screen them and then do a deep dive. So we’ll let this be a test run.

**Craig:** Brilliant.

**John:** Brilliant. We have some follow up. First is from Partis about the Start Button. Craig, do you want to take this?

**Craig:** Sure. OK, so Pardis writes, “The problem with the system you outlined on the podcast where the WGA can be the bad guy if you ask them to, calling the studio on your behalf to enforce the terms of your writing agreement is that the studio knows the WGA is only calling because you, the writer, have asked them to. And since writers are more dispensable than directors, yes, you can get labeled as a diva or as a problem child or as more trouble than you’re worth and lose out on future writing assignments as a result. So, what’s the solution?”

Pardis says, “A system whereby the WGA is alerted to commencement on a feature automatically. And a system whereby the WGA checks on progress for all feature products automatically without asking the writer first. That way the studio can’t blame any specific writer for asking the guild to be the bad guy. There’s just automatic oversight across the board. But, how can we put this system into place if the guild isn’t already alerted to commencement automatically?

“Option number 1: Negotiate a meaningful financial penalty into the next contract for studios that fail to file their paperwork for new project with an X number of days of the agreement being signed. That money can go toward covering the guild’s increased oversight and enforcement costs.

“Option number 2: Create a small financial penalty for writers who fail to alert the WGA that they’ve started work on a new project. Option 2, because then the studio can’t get mad at writers for alerting the WGA about new projects because writers have no choice but to inform the WGA directly less the writers be penalized themselves.”

**John:** All right, so let’s take a look at Pardis’ suggestions here and sort of how Pardis is laying out the situation. So, I think what Pardis is suggesting overall have some merit to it. You want the WGA to be the bad guy. You want the WGA to step up and do this work on behalf of writers. And if it feels like the WGA is only calling the studio or only getting involved because the writer complained I can understand that hesitation.

That said, the goal is for this to feel like it is just automatic. It’s like changing the way we’re just doing this on a regular basis. And so that even without a financial penalty for failing to hit the Start Button and report a new project, that it will become a matter of course for writers to do this. And the WGA has increased already the number of enforcement people there are to do that work. And so they are going to be checking up on people anyway. And so regardless of hitting the Start Button or not hitting the Start Button, there’s a lot more outreach to say like, hey, what are you working on, how is this going, and are you being paid on time? Is anything going on? And that is one of the overall goals and functions of the WGA is to make sure that our members are being paid and are treated appropriately.

**Craig:** These ideas, all ideas really, have been discussed ad nauseam since I have been involved in WGA stuff, which is, you know, over 14 years ago or something. But I would say that Pardis you’re not the first person to suggest that we should maybe start penalizing writers. But good luck. It’s not a great idea, honestly, to essentially crack down on writers to solve the problem that is created by studios. We already have enough problems. You’re dealing with writers that are already being abused and now they have to send money to the guild because they’ve been abused? It’s not great.

Can you get a meaningful financial penalty for studios that fail to file their paperwork? No. Probably not. And again when things start is kind of fuzzy. So, the Start Button actually is the best idea I’ve seen to date. And I think it will bear fruit. So I would say, Pardis, patience.

**John:** Related aspect here is that when you are hitting a Start Button or even now if you’re not hitting the Start Button, you are supposed to upload your contracts. And so I have been uploading my contracts. Everyone is supposed to upload their contracts that show all the steps of your deal. When the WGA has this information they can be checking on it independently so they don’t need to necessarily wait for you to say that there’s a problem. They can say like, hey, according to what we have this is what’s happening on this project – is this accurate? And you need to answer that honestly. And so that is a way in which the WGA can become involved, even if you are not reaching out to them to say help me here.

**Craig:** Yeah. Hopefully this works the way we would want it to in an ideal situation where the guild is helping you without feeling like they’re bonking you on the head. And in getting in your work process. So, let’s see how it goes.

**John:** Second bit of follow up, a previous One Cool Thing was the show Please Like Me. And last night I was out and randomly bumped into Josh Thomas the creator and star of Please Like Me. And so I want to talk a little bit about sort of what to do when you meet somebody who you’ve only seen their work in person. Because it can be sometimes kind of awkward. So what I did is I said, “Oh hey, you don’t know me, but I thought your show was fantastic and you do great work.” I asked him if he moved to Los Angeles fulltime and is writing here and he is. And then I left him be and let him sort of go on and be about his night.

So maybe we’ll get him on the show at some point and he can talk about what he’s doing here. But as a person who gets approached like Josh Thomas gets approached in that situation I want to talk about sort of best practices when you’re going up to talk to someone whose work you admire, but it’s in a social situation. Because, Craig, you must encounter this, too.

**Craig:** Yeah, I mean, it’s not on a daily basis by any stretch of the imagination, but it does happen. And mostly people seem to do it well. You know, I haven’t had any weird encounters. Any actor that’s on television has astronomically more of these encounters than you or I. And my guess is just that numbers wise they’re going to run into some odd ducks, probably at least once a day.

**John:** Yeah. So I would just say I would encourage – if there’s a person who is doing great work and you want to say like, oh, I really like the thing you’re doing. It’s good to say that, because sometimes it’s just good to hear that you’re making stuff that the world appreciates. But I would say if you’re going to make that approach plan for an out that’s going to get you out of that conversation within 30 seconds to a minute, because they were going about their life before you interrupted them. And so you want to be able to say what you need to say and then like let them go off and do their thing. If they want to keep engaged, they can engage. But make sure you’re giving them the release to get out of the conversation.

**Craig:** And take a look at their face before you walk up to them, because listen, everybody is a person. Everybody is going through stuff. Sometimes we’re in a nice happy mood, sometimes we’re in a neutral state of mind. Sometimes we’re concerned, we’re running late, we’re sad, we’re nervous. And then we don’t want anyone talking to us. Anyone, by the way. Much less people that we don’t know. So, just take a look. I know it’s hard because – and again, this isn’t something that I think anyone has towards somebody like me – but when people see a movie star in their minds they think you know what it doesn’t matter how they’re feeling and it doesn’t matter what’s going on. This is my moment to shake Tom Cruise’s hand and I’m doing it. Because the rest of my life I shook Tom Cruise’s hand, right? I had that moment. And he’ll get over it and he will. He will. But, you know, it’s not that big – who cares? I guess that’s my whole thing is like who cares.

**John:** My ground zero for getting recognized, well of course Austin Film Festival I get recognized a lot there, which is – I sort of go there knowing that’s going to happen. The lobby of the ArcLight I get spotted a lot. And sometimes at the Grove. And there was one time I was walking through the lobby of the ArcLight and this guy goes, “Wait, you’re that writer guy. You’re good.” I’m like, OK. I guess I’m good. Thank you, random stranger. That’s nice.

**Craig:** You’re that writer guy. Well, that’s pretty much right. This is one of the nice things about living in La Cañada is that nobody cares. Nobody cares. They don’t care.

**John:** Let’s get to our marquee topic which is bad things and bad things happening to the characters that you love. This came up for me this morning because I was working through the third book of Arlo Finch and I was looking at my outline and just looking at how many bad things happen, which is just a tremendous number. I think partly because it is the third and final book, so if something could happen this is the last place where it could happen. But also the character has grown to a place where he can handle some things that he couldn’t otherwise handle. So, there’s a lot of serious stuff that happens in the third book.

But I want to talk about it because I think there’s this instinct to sort of protect our heroes, protect our characters, and it’s hard to sort of get us over the hump of like, no, no, no, you have to – not just allow bad things to happen but make bad things happen to your heroes in order to generate story. And this is really very much probably more a feature conversation than a television conversation because in ongoing series there will be conflict within an episode, but you won’t destroy everything in their life every week. But in features that’s a really important part.

**Craig:** It’s a huge part. And, yes, you’re right. In television you need to make sure that people come back the next week in roughly the same shape you found them. So there will be little mini ups and downs. But in movies we feel narratively like we have to see people torn apart. And this goes all the way back to the bible.

**John:** Oh, the bible.

**Craig:** The story of Job.

**John:** Tell me the story of Job.

**Craig:** I will. And I should mention I don’t believe in anything in the bible. However, the bible is evidence of something. And it is evidence I think of deep seeded instinctive narrative patterns in the human mind. They are expressions of these things that are in us. They are not always sensible or logical, but they are there. So, that’s how I’m going to take a look at the story of Job. It’s a very simple story. Job is a very pious guy. He believes in God. He’s just super godly. And God therefore rewards him with a fortune and health and, I don’t know, bountiful crops, or I don’t know, whatever God would give people. And God is hanging out one day with Satan, as he used to do, and Satan says, “You know, Job only loves you because you reward him.” And this is a general moral conundrum that has been dissected over time. You watch The Good Place, right?

**John:** Oh yeah. It’s fantastic.

**Craig:** Of course, so they refer to this as moral dessert. The idea that you behave well so that you get your reward from whatever metaphysical/supernatural deity you believe in. And God says, “No, no, no, no, no. Job loves me because he’s a good guy. And I’ll prove it. I will remove my protection from him and you go ahead and do whatever you want to him. And you’ll see. He’ll stand by me.” And so that’s what happens. God removes his protection and Satan begins to torment Job – torment him – torment his health, and ruin his crops, and scatter his children. It’s just awful. Like every bad thing you could do to somebody he does to Job. And Job just stands by God.

And in the end, you’re the winner Job, and God rerewards him and gives him even more crops and frankincense or whatever they had back then.

So, why am I bringing up the story of Job? Because there’s a moral inherent to it that I think is why we need, narratively, to torture our characters. And the idea is that our goodliness or our growth or whatever you want to call the evolution of our selves, the betterment of our selves, it doesn’t count to other people unless it is perceived to come at terrible cost.

Now, is that actually true? I don’t think so. I think it’s perfectly possible to become a better person without suffering. But when it comes to narrative it seems like we need it or we don’t believe the change.

**John:** Yeah. We didn’t see the work. We didn’t see the struggle. We didn’t see sort of the cost and it doesn’t feel like it was merited.

**Craig:** Exactly. So what we like to see is somebody that has experienced a trauma and they’re going to get over the trauma but only by facing it in the most hard and difficult way. They are going to repair a relationship with somebody by that person leaving them. They’re going to appreciate what they have because they lose it all. So, every character starts with this flaw and then we as the writers we torment them and force them to confront it through a series of increasingly difficult trials the way that Satan did to Job. And through that there is this falling apart. Break you down to lift you up. And we call this the low point.

The low point in a movie is the low point because the writer has tortured the hero to the point where they give up. They finally give up. That’s what you have to do is – you’ve lost your, whatever your ego is, and your hubris, and you give up and from that you will rise back. But those moments are so notable. And one of my favorite versions of that is the Team America puke scene which is just perfect. It’s perfect.

**John:** Let’s play a clip from the Team America puke scene.

[Clip plays]

So this scene classically is a character who has lost everything and then sort of loses more and in this case is literally vomiting up the last they have left. But let’s talk about some of those things that a character can lose and list off some of those classic things you’ll see characters losing here.

Some bad things might be to take away their home. So you might literally burn it down, or you might cast them out of society. You might take away their support system, so taking away their friends, their family, the institutions, the organizations that they’re a part of. You might have the rest of the world see them as the villain. And so you have a hero who is being perceived as the villain which is horrible. Incarcerate them. I have a note here sort of incarceration, also the weird case of Paul Manafort at this moment. So as we’re recording this, this is a guy who is going to probably be in jail for the rest of his life and he’s acting really strangely which leads me to believe that there’s something else he could lose, which is always fascinating to speculate on that. There’s something worse than being in prison for all this time and so he’s acting on behalf of that. So figuring out what that is.

You can kill a character. You can lop off a limb. You can force them to act against their own beliefs, so classically they have the daughter kidnapped and so therefore they have to do things that they can’t believe. You can sew tension and conflict between their allies. You can destroy the item they love most, so it’s like he finally gets that car he’s been hoping for his all his life and you destroy that thing.

So, those losses are bad things you’re doing to your character and they’re pretty crucial. If you don’t do some of those kinds of things over the course of your movie it’s probably not a movie.

**Craig:** Yeah. I mean, what you’re doing is burning away what needs to be burned away. And it’s unpleasant. And we need it to be unpleasant. We need to see this character suffer. What is it, hamartia I think is the Greek word for suffering. And then catharsis is essentially vomiting. Which is one of the reasons why I like that scene so much because they just did it.

Humiliation is something that we see all the time. The writer creates circumstances in which the hero is humiliated. Where they lose all sense of self-worth and pride. We can kill or harm the people they love the most. We can make them feel terribly guilty and confront them with the consequences of what they’ve done. It’s good because it’s tortuous.

There’s that scene, people of our age always remember this moment in the second Superman movie from the late ‘70s/early ‘80s where Superman willingly gives up his power so that he can marry Lois Lane. And he gets beaten up by some guy in a bar. And it’s crushing. It’s crushing because you see someone brought low. I remember seeing that scene in the theater and feeling terrible inside. And it was the same feeling I had when I watched the animated The Lion, Witch, and the Wardrobe when all the evil Snow Queen and her minions shave the mane off of Aslan.

**John:** Yeah.

**Craig:** Take his hair away and reduce him to just this pathetic wretch. And, yeah, it’s – you need it. You need it or else when they come back you don’t feel anything.

**John:** Yeah. So let’s talk about the timing of when these bad things happen, because there’s a couple different moments over the course of a movie where you see these things happening classically. So, the first is the inciting incident or whatever you want to call that moment early in the story that sort of kicks this story into gear. And so, you know, in the first 10 to 15 minutes of a story where a change has happened. This is the village is raided and the hero’s parents are killed. This is a big change has happened that is starting this story with this character.

Often the end of act one. So you’ve arrived at a new place. We’re not in Kansas anymore. The hero’s house has burnt down. We’re entering a new world. There’s a big change and the hero has lost something. They may be excited about what they’re headed towards, but there is a loss. They’ve crossed into a place where they can’t get back to where they were before.

There’s a lot of times, moments in the second act that are going to be losses, where allies turn on them, where new obstacles arise. There’s a plan that fails, seeing things that were important to the character that we were hoping for for the character don’t come true. And then classically the biggest of these losses, which is probably the vomit scene from Team America, is the end of act two, sort of the worst of the worst, which is you’ve gotten to this point and you’ve lost everything. It should generally be the character’s lowest point, or at least the lowest point in this character and how they’ve evolved over the course of the story. That thing that looked like it was potentially in their reach has been taken away from them. And that’s classically the end of the second act.

**Craig:** It’s the end because there’s nothing left to lose. You, the writer, have beaten it all out of them. They have no pride left. They have no resources. Or whatever it is. You’ve removed the stuff that they were relying on. Their crutches are all gone.

It’s important to note that when you visit these bad things on your character you must do so sadistically. It’s not enough to just have some bad things happen. You have to do them in a way that is deeply ironic and miserable. Especially miserable. Because then oddly the more exquisite the torture the more we feel positively when they overcome it.

So, the example I always think about is Marlin at the beginning of Finding Nemo. He’s a happy fish and he’s there with his wife and their hundreds of little babies. And they’ve found a place to live. And then his wife is eaten and all of the babies are eaten except for one. And that is very bad. But then Pixar understood it’s not bad enough. They have to make that little one disabled. They have to give him a bad fin so that he will need even more protection. And then that’s not enough. He is the one that goes missing. And so you have to go get him. And that’s not enough. In the end you have to let him go into more danger to save a friend. And then that’s not enough. You have to feel like he died there. And in that moment where Marlin thinks that Nemo is dead, he flashes back to holding him as a little egg and if you’re human you cry. Because the torture has been so exquisite. And therefore the relief and joy is beautiful and our appreciation for how far Marlin has come as a character is real.

They earned it. Did I ever tell the story of Jose Fernandez, the pitcher?

**John:** No. Tell me.

**Craig:** So this sort of goes to what I think of as the essential ingredient of character torture is irony. It’s not enough to just sort of make bad things happen. You have to do it in a way that feels ironic, as if the world had conspired against them.

So, it’s a guy named Jose Fernandez. Like a lot of baseball players he came from Cuba. So he had to escape from Cuba and he escaped on a small boat with – it was one of these crowded boats full of refugees and at some point on the voyage the boat gets tossed and turned and someone says, “Someone has gone overboard,” and without even thinking Jose Fernandez just jumps into the ocean to save whoever that person is. And he does. He grabs them. He brings them back on board. He pulls them up. They live. And it turns out that the person he saved was his own mother. He didn’t even know it.

He arrives in the United States and he becomes a baseball player. Not just a baseball player. He is an amazing pitcher. He plays for the Marlins. He is fantastic. He is going to earn many, many hundreds of millions of dollars. So, just the kind of dream come true for somebody that had to escape Cuba on a small boat and rescue his mother from drowning.

Unfortunately, two years ago he died. He died in an accident. And if I told you that he died in a car accident you would think that’s bad. But he didn’t die in a car accident. He died in a boating accident.

**John:** Oh my.

**Craig:** And that is ironic in a terrible way. It implies that the universe was doing something. It had its thumbs on the scale so to speak. It is tortuous to think of. And when we write our terrible tortures for our characters I think it’s important for us to think of that. Because – and it’s a sad thing of course – but the worse it is and the more ironic it is the better the ending feels.

**John:** Yeah. Well let’s talk about sort of how those bad things come into the story. Because I can think of three main ways you see those bad things happening. The first is an external event. So that’s the earthquake. That’s the world war. In Finding Nemo that is the – is it a shark who eats the fish originally?

**Craig:** No, he gets grabbed by some fishermen who are looking to capture fish to sell, like for aquariums.

**John:** No, but at the very start of the movie where–

**Craig:** Oh yeah, it’s like a barracuda or something like that.

**John:** So that’s really an external threat because that – so barracuda is not the primary villain of the story. I don’t remember Finding Nemo that well. That barracuda itself never comes back.

**Craig:** Correct. It was just nature.

**John:** It’s nature actually. So some external force that you cannot actually defeat comes back. But sometimes it is the villain itself who is the character who arrives who is the one who is causing the suffering. So, every James Bond movie. Many fairy tales. Die Hard is an example. So, there’s a personified threat. A villain who is doing the thing that is causing the suffering. That is beginning the suffering.

But in some of my favorite movies it is the hero themselves that is doing the action that is causing the problem. So if you look at Inside Out or Ralph Breaks the Internet or Toy Story, it is the hero who is causing the problem. The hero who is ultimately responsible for the suffering that the characters are going through. And that’s often great writing. Because it gets back to the idea of like what is the character’s flaw and something about that character’s flaw is causing the suffering. And we see them having to address that flaw in order to stop the suffering.

**Craig:** No question. It’s very common with Pixar movies. In fact, I’m hard pressed to think of a Pixar movie where the bad stuff is majority villain driven other than Bug’s Life, where Kevin Spacey, a real life villain, portrayed a villainous grasshopper. But typically in Pixar films – and sort of I guess in The Incredibles, but yeah, mostly they bring it upon themselves because it is more interesting.

**John:** I mean, in The Incredibles movies there’s sort of an attenuated thing where it’s like it’s because of past actions, it’s a boomerang effect that sort of comes back in, but it’s not a thing we saw them do at the start of the movie. It’s not generally responsible for most of the suffering.

**Craig:** Right.

**John:** But movies are about consequences and if characters are allowed to freely make choices and then have to suffer the consequences of those choices, that is good and appropriate and compelling storytelling, especially for a feature which is something that is designed to happen just once.

So, a television show theoretically should be able to repeat itself ad nauseam. A feature is sort of a one-time journey for a character. And so that one-time journey is going to about big steps and big swings and big failures when they happen.

**Craig:** No question.

**John:** So some takeaway on this idea of bad things happening to your characters. I would say really as you’re breaking a story you have to be thinking about what are the biggest worst things that could happen. And when I say the biggest worst things that are in the universe of your story. So, obviously you can’t stick a tornado in space. But within the context of your movie what are those and what are the character effects for it?

I think so often when we get notes about like well the stakes feel light here, sometimes the proposed solution is to make it be – it’s the end of the world. Like if we don’t do this then everyone else around us dies. I think that sometimes that’s mistaking the bigger scale for more personal consequences for the things that the characters are going through. So, making sure that it feels like a punishment very specifically tailored to this character that you’ve created.

**Craig:** Exactly. And you don’t have to – you don’t have to substitute volume of badness for quality of badness. In the beginning of John Wick the bad guys basically kill his dog. Which in and of itself would be like OK that’s bad, except it was the last gift he received from his deceased wife. That’s all it takes. I’m good.

And, you know, it doesn’t have to be this massive visitation of problems. Sometimes it’s just the cruelty of it really. Little bits of cruelty.

**John:** The Wizard of Oz, she’s trying to take Toto away at the start. That horrible woman is trying to bicycle away with Toto. That’s horrible. And that’s absolutely the right scale of problem for that movie so before the tornado comes that is what we’re experiencing. We can see it from Dorothy’s eyes like this is one of the worst things she can imagine ever happening.

**Craig:** A lot of times I do think about The Wizard of Oz when people start harping on stakes in meetings. Because I’m like what are the stakes exactly? What are the stakes?

**John:** There aren’t stakes in a classic way. It’s not like the Lollipop Guild was being horribly oppressed. It’s not like there was – she ended up changing the world but kind of by accident.

**Craig:** Yeah. I mean, I guess the stakes were that she would get killed or something. I don’t know. But yeah, it doesn’t matter. Sometimes it’s really more about how closely we empathize with the character and the stakes are whatever is stakey to them. It’s about what makes them feel. And if you make me feel what they’re feeling, those are stakes. That counts.

**John:** Absolutely. In a previous discussion we talked about want and want versus need, which I think is a false dichotomy. But when characters express their wants they have a positive vision of the future. So they can imagine a future and in that future their life is better because they have this thing that they want. And that’s a positive vision. Fear is a negative vision of the future. And so they are afraid. They’ve seen the future and in the future their life is worse because this thing has happened or has been taken away from them.

That’s really what we’re talking about with these things we’re trying to – these horrors we’re trying to visit upon our characters is that those things that they feared or those things they didn’t even think they had to fear, those are happening to them now in this story and they have to figure out how to deal with it.

**Craig:** Absolutely.

**John:** All right. Let’s get to some listener questions. First off is James in Napier, New Zealand. I assume it’s Napier, but maybe it’s pronounced a different way. It feels like one of those words where it could be Napier, or Napier.

**Craig:** I think it’s probably Napier.

**John:** Napier. James writes, “How in god’s name do you make sure a TV script is the right length? There’s a lot of flexibility in how feature film scripts can run. I know the one-minute per page rule is a rough guide when you’re writing. TV and radio are much more time-constrained so how do you make sure the script is exactly the right length to start with? And how do you keep it that way during production?”

Craig, you just went through TV.

**Craig:** Yeah. We’re doing this right now. Don’t panic over here, James. It’s no big deal. Generally speaking, you know, we’ve got this rough 30-page/60-page guideline for half an hour or an hour. But the truth of the matter is it’s all guess work. The pages don’t really conform clearly to one-minute per page. Things are going to get cut. Some things are going to be expanded.

The good news is that we don’t really live in the world where the vast majority of television is constrained by rigid time formats. Everything is far more loosey-goosey now which is nice. If you’re writing for network television, different story. But with that point I would say, again, don’t panic. You can edit. And you can speed things up or slow them down editorially. So just generally, you know, get roughly in that zone and that’s what it will be.

And, you know, my experience at least with Chernobyl so far is that the scripts – at least for the first four episodes – are around 59 to 63 pages and they’re all timing out to be about an hour.

**John:** It does work that way. I was talking with Rob Thomas, the creator of Veronica Mars and iZombie and other shows and Rob hates the one-page-per-minute rule because he feels that sometimes networks try to value it too much. And so the way he writes it doesn’t really match up that well. He believes that you could probably actually do a word count that would more accurately reflect how long something really will take to fill.

I don’t know if that’s true, but I think it’s an interesting experiment. The truth though is that once you start making a show, so iZombie or Crazy Ex-Girlfriend or any of Derek’s Chicago shows, they know. Ultimately they get a sense of like, OK, our scripts need to be about this length because this is what the episodes cut out to be. And even then there will be episodes that are running long for a while and they have to find way to get two minutes out of it. And when we had the Game of Thrones creators on, Benioff and Weiss, they were talking about how in the first season their episodes were too short. They didn’t understand sort of how long stuff was going to play. And so they needed to add additional scenes to sort of fill them out because they just didn’t have a sense of how long an episode was going to be based on the script page.

**Craig:** Exactly. All right. Joe has a question. He writes, “I am a WGA member. I have an offer on the table from a reputable Middle Eastern production company looking to produce a more Western style show. The offer is about 15% less than WGA minimums. They won’t go any higher because they say lower budgets and the Arabic-speaking portion of the MENA territory,” Middle East, I don’t know, “simply doesn’t support it. I asked the WGA and they said flatly I cannot work for any company who is not a WGA signatory.

“I asked my reps and was told the WGA does not have jurisdiction here and becoming a signatory should not be what stands in the way of signing this deal. To be honest, the WGA response rubbed me the wrong way because it felt like they were using me to gain signatories when they didn’t have anything to lose and I did. A job.

“That said, I owe a lot to the WGA. I’m eking out a meager living as a writer and I recognize the WGA is part of that. But I don’t have so much work that I can just turn stuff down willy-nilly. So, does the WGA actually have jurisdiction here?”

John, what do you think?

**John:** I think there’s probably some situation in which you can be hired by a foreign company as a WGA member and they don’t have to pay you minimums. But this is probably not one of those situations. I know there’s international working rules, essentially one of the things the WGA needs to make sure never happens is that international companies sort of come in and sort of scoop up American writers to really write American things but try to pay them less than that. So I think that is why the WGA’s response is that.

But, Craig, you know more about the rules. Tell me.

**Craig:** Well, I have an understanding here, but it will be interesting. I would love to get the WGA’s official position on this. My understanding is that the WGA here is correct. The issue is that Joe is here and the WGA’s jurisdiction covers the United States. It is chartered by the Department of Labor. So, if you are a member of the WGA and you are writing something here in the United States it has to be for a WGA signatory. You cannot go lower than that. Period. The end. Assuming that there is an applicable collective bargaining agreement which obviously there is here.

So, no, you can’t do that. Listen, Sony, right, owns Columbia. We call them Sony now. Well obviously Sony is a Japanese company. So why wouldn’t Sony just start saying everybody who works for Columbia Pictures, we’re actually employing you under the Japanese branch of Sony, so you don’t have to do WGA. No. That doesn’t work that way. At all.

**John:** So I suspect that where we could get to with Joe is if this company was willing to fly you over to the Middle East and put you up there and you were doing your writing services there–

**Craig:** Yep.

**John:** They could pay you less than that and that would not be a great situation for you. So not only are you giving up 15% of this money, which by the way 15% of scale is not a ton of money. I just feel like they could find that money for you. But, you are giving up your credit protections. You are giving up kind of all the stuff. Health and pension. You’re giving up much more than you sort of think to take that job. So that is why we have protections like this so that you cannot be undercut by a foreign thing.

So could this company form a WGA signatory? Yes they could. It would be great if they did.

**Craig:** Yeah. I don’t think the WGA, by the way, Joe is using you to get this company to sign up as a signatory. I don’t think they care about this company. I think they care about everybody else that’s in the WGA and the value of our minimums not being degraded. So, what I would say here is you can say to them, listen, this isn’t me asking you for anything. I’m not allowed to do this. And, by the way, company, if you come here to the United States you can’t get anybody in the WGA to do this. None of us will be able to do this. You’re going to have get a non-WGA writer.

So, you know, which generally speaking won’t probably be as good. So, that’s where they’re at, Joe.

**John:** All right. Kofi from Woodbridge, New Jersey writes, “My question pertains to the release of completed scripts after a television show has aired or a movie has been released to the public. Who decides whether or not the completed script will ever be released? I’d love to read the script for every episode of my favorite shows, but usually only the scripts for the pilot and episodes selected for awards are available. Movie scripts can be hit or miss, too. Why isn’t every script made available to be read for educational purposes?”

**Craig:** Well, there are certain circumstances where the writers actually have the publication rights over screenplays. If you have separated rights in feature films that means you have a Story By or Written By credit then I believe you have the right to publish your screenplay.

But, look, by and large they don’t do it because it takes time and it costs some amount of money and it takes some tiny bit of effort and they’re just not willing. It’s no one’s job. It’s a massive company and they can look around and who wants to be the person responsible for scanning and posting 4,000 screenplays. Nobody wants to do it. And there isn’t really a huge clamoring for it, which, you know, is a bit of a bummer. That said, there are plenty of kind of underground swap meets for these things online. I’ve seen them around.

So, yeah, it would be nice. But it comes down to sheer laziness and lack of interest, I think.

**John:** So, the situation is actually a lot different than it was 25 years ago when Craig and I were starting. I remember when I arrived at USC for film school they had a script library. You could go down and could check out two scripts from this library and they were literally printed bound scripts. Not even brads in them, but these special posts that sort of like are sturdier than brads. You could check them out and read them and take them back in. And it was a great experience for me to read all of these scripts from classic movies I loved but also things that had never been produced and it was a really good experience.

So, I think reading scripts is fantastic. But, now there’s the Internet and now there are PDFs of screenplays. And so while Kofi can’t find all the screenplays he wants to read, he can find a ton of them. I mean, even just in Weekend Read we have hundreds of scripts. Things that are going for awards, those are posted online and those things are easy to find. It’s harder to find the scripts for movies that are not sort of award contenders. But, you can kind of find them.

But Kofi’s more interesting point is he wants to read the episodic scripts. Those are harder to find. You tend to find pilots or just those marquee episodes of things. And it’s great to read the normal episodes. That’s one of those things where it actually is much easier to do if you are in this town. Because then you just have networks and assistants at places who can get you copies of scripts. They’re not really under lock and key. They don’t have a lot of value in and of themselves. You can’t do anything with the scripts and so no one is trying to sort of keep them from you. But what Craig said is like it’s no one’s job to publish them or post them. That’s why they don’t happen.

**Craig:** That’s why they don’t happen. Well, keep looking. And by the way, Kofi, spent a lot of time in the mall over there in Woodbridge myself, so just waving hi to you back there in the old country.

And we’ve got one more question here from Cory right here in LA who writes, “I’ve got an award-winning short film and I just hired a screenwriter to adapt it into a feature. Though I’ve come up with much of the story, he will be hitting the keys to bring the story and script together. I am a one-man production band with a small production company. I’d like to make sure that I am setting both he and I up for success.” That should be him and I. Setting both him and me. Yeah. Because, right. Anyway.

“I’d like to make sure that I’m setting both him and me up for success and possible WGA membership or eligible points toward. First, should or must I make my company a WGA signatory? Second, since I or rather my company is self-financing his writing of the screenplay do I need to adhere to WGA payment standards to allow him eligibility? Finally, if I’m the creator of the original work and I’ve come up and will be credited with Story By is there an opportunity for me to earn WGA points or is that just for the screenwriter?”

Oh, excellent list of membership questions there, John. What do you think?

**John:** Absolutely. So, I don’t have all the answers but I will tell you that you’re not the first person to encounter this and I think the WGA has done a much better job over the last ten years dealing with these kinds of situations. I think Howard Rodman deserves a lot of the credit for that.

**Craig:** Yeah.

**John:** What you’re describing is probably a low budget independent film. And if you go to the WGA website there are resources there to talk you through what happens with low budget independent films. Classically these were done outside of WGA jurisdiction. But recognizing that some of the best work was happening there and this was obviously writer’s first work they set up these low budget agreements so that you can do this kind of stuff. That you don’t have to pay people the full amounts for writing services and other things but still allows for things like credit protections. It allows for other parts of what you get with a WGA package for these productions.

So, I suspect you will click through on the site, we’ll put a link in the show notes, and see what you need to do and how you sort of put the script into a place where it’s eligible for these low budget agreements. And I don’t think you will have to become a full signatory. I think there’s just ways you can sort of use an associate membership to get you started here. So, it’s good you’re doing it. It’s good you’re thinking about this now. But just read the stuff and then make the thing.

**Craig:** Yeah. Definitely you want to take a look at that low budget independent film agreement. To become a full-fledged WGA signatory there are quite a few hoops to jump through. I mean, it’s not trial by fire or anything, but for instance you need to show that you have enough financial resources to be able to cover your residuals obligations. So in this case because it’s just you and this is just one independent film I think that’s the way to go. Take a look at it.

In terms of credit, the original work will be considered source material. It was written outside of the WGA so it will be based on a short film by blah-blah-blah. If you want proper WGA story credit, on the title page of the screenplay it would need to say Screenplay by Jim, Story by Jim and Corey. And that, of course, requires Jim to agree. The truth is the story in the original film is essentially akin to the story in a novel. The novelist doesn’t automatically get WGA credit for the movie of it. They have to actually do some work. So in this case what you would need to do to warrant Story by credit or Shared Story by credit is to work up a written story for the new movie that you’re talking about, either on your own or with the screenwriter that you’re hiring, and then that is now part of this chain of title of the work that’s leading up to this film that would be covered by the independent film low budget agreement.

Hopefully that makes sense.

**John:** I think it makes sense.

**Craig:** Great.

**John:** All right, it’s time for our One Cool Things. My One Cool Thing feels like a Craig One Cool Thing, but it’s the story in the New York Times by Moises Velasquez-Manoff and it’s about how emergency rooms and other medical professionals are starting to examine ketamine as a suicide prevention or a suicide drug for dealing with people who show up suicidal and it seems like it is potentially a quick life-saving drug to be using for people with severe suicide ideation.

So, it’s a really nicely written up story about the potential of a drug which we only think of in sort of bad context possibly having some really good uses.

**Craig:** Yeah. It was a fascinating article. Totally my kind of thing. Ketamine is one of these drugs that’s been around for a long time and it’s kind of one of those – I think the World Health Organization has their list of essential medicines, like if you were building your doomsday locker of medicines you’d want ketamine in there. It is a sedative. It is kind of a tranquilizer sort of thing. It can be used anesthetically, you know.

And what they found, and I didn’t realize this, but in this article they are saying that very small doses of ketamine can almost stop suicidal ideation in its tracks. So you have somebody coming in who is in severe distress who was just taken by the cops off of the side of a bridge and brought to the emergency room and you give them this tiny injection of ketamine and suddenly they don’t have that anymore. They don’t want to jump.

And, now, that doesn’t last obviously, right? So then there’s work to be done after that. But what they’re pointing out is that suicidal ideation, kind of underlying depression, to reverse that pharmacologically with say serotonin reuptake inhibitors takes weeks. Maybe months. Same thing with talk therapy. But if you need to make sure that someone doesn’t hurt themselves over the two, three, four weeks, this may be a viable deal.

Now, part of the issue is that it can be used recreationally and if there’s a certain dosage you start to have hallucinations and, you know, psychoactive effects. So, that’s why I think in general people are a little, you know, but we have to kind of get over some of this stuff. You know?

**John:** Absolutely.

**Craig:** Doctors in the emergency rooms are pretty good at figuring out who is there because they’re actually suicidal and who is pretending to be because they feel like getting a ketamine dose.

**John:** You look at sort of this work, you look at work on LSD, you look at work on ecstasy, these are clearly drugs that should be studied for what they can do in a clinical setting and sort of what good can come out of them. But instead they sort of become demonized because of dangerous uses of them recreationally.

**Craig:** Yeah. I mean, we wouldn’t use them recreationally if they didn’t work on some level. So, yeah, obviously how much we use and all the rest. So, anyway, that was really promising. So you did that and I went the other direction. I went all the way over into computer world. So I’ve been playing Red Dead Redemption 2, of course, and I want to call out the people that worked on the environment because it’s so good. It’s the best environment experience I’ve ever had playing a videogame.

There was a moment where – it’s not just the detail of the appearance of things, which is quite extraordinary. But it’s the way it interacts sort of synergistically. Just sort of trotting along on my horse and I’m going through sort of a path with some trees on either side and the wind kind of blows and leaves rustle off the trees and kind of swirl in the air around me and then fall to the ground. And I’m like, what? This is getting good.

The wind people talked to the tree people. And then the tree people decided, you know what, some leaves come off when wind blows but not a lot of them, not all of them, and how do they come off? And what happens when they go? And it’s perfect. It’s really amazing how well they did with those little things. And you and I know because we work in movies and television how much work goes into making something look effortless.

**John:** Oh yeah.

**Craig:** God only knows how many hours were spent trying to make the wind make the leaves go just right. It’s really well done. So, tip of the hat. My One Cool Thing this week the people that did the environment in Red Dead 2.

**John:** Very nice. Those leaf physicists, they did God’s work there.

**Craig:** Yes.

**John:** That is our show for this week. Our show is produced by Megan McDonnell, edited by Matthew Chilelli. Our outro this week is by Michael O’Konis. If you have an outro, you can send us a link to ask@johnaugust.com. That’s also the place where you can send questions like the ones we answered today.

But short questions are great on Twitter. Craig is @clmazin. I’m @johnaugust.

You can find the links in the show notes for the things we talked about, so that’s at johnaugust.com. Just follow through to the links there. Or if you’re listening to this on most of the players swipe and you will see a list of links there.

Come see us at our live show tomorrow night if there are still tickets. But also January 27th is our big show for William Goldman’s The Princess Bride. Looking forward to that.

You can find us on Apple Podcasts or wherever you subscribe to podcasts. While you’re there, leave us a review. Those are lovely. We need to read some of those reviews aloud so we’ll try to remember to do that.

Transcripts go up within the week and so you can find transcripts for all the episodes back to the first episode. You can find the audio for all our episodes at Scriptnotes.net. It is $2 a month for all of those back episodes and bonus episodes, too.

**Craig:** So cheap.

**John:** So cheap.

**Craig:** So cheap.

**John:** Craig, I will see you tomorrow for the live show.

**Craig:** See you tomorrow for the live show, John.

**John:** Bye.

Links:

* [Tickets](https://go.wgfoundation.org/campaigns/8810-the-scriptnotes-holiday-live-show) are on sale for the Holiday Live Show!
* The Team America: World Police [puke scene](https://www.youtube.com/watch?v=iKqGXeX9LhQ), with some bad language
* The opening of [Finding Nemo](https://www.youtube.com/watch?v=HG3L98NFyro)
* Aslan’s sacrifice in [The Lion, the Witch, and the Wardrobe](https://www.youtube.com/watch?v=HQ6VAGyhWXM)
* [Can We Stop Suicides?](https://www.nytimes.com/2018/11/30/opinion/sunday/suicide-ketamine-depression.html) by Moises Velasquez-Manoff for the New York Times
* The environment in [Red Dead Redemption 2](https://www.rockstargames.com/reddeadredemption2/)
* T-shirts are available [here](https://cottonbureau.com/people/john-august-1)! We’ve got new designs, including [Colored Revisions](https://cottonbureau.com/products/colored-revisions), [Karateka](https://cottonbureau.com/products/karateka), and [Highland2](https://cottonbureau.com/products/highland2).
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Scriptnotes Digital Seasons](https://store.johnaugust.com/) are also now available!
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Michael O’Konis ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_378.mp3).

Scriptnotes, Ep 373: Austin Live Show 2018 — Transcript

November 8, 2018 Scriptnotes Transcript

The original post for this episode can be found here.

John August: Hey, this is John. So today’s episode of Scriptnotes was recorded live at the Austin Film Festival. There is some swearing, so keep that in mind if you’re listening in the car with your kids. There’s also a very special introduction by Beto O’Rourke. So, if you want to see the video of how that all went you can click on a link in the show notes. So, enjoy.

Beto O’Rourke: Good evening Austin and welcome to Scriptnotes Live. I’m just going to take a quick moment to remind you that you can vote any time between October 22 and November 2, early voting in your polling location of choice in the county that you’re registered. And then if you didn’t get a chance to vote early, vote the 6th of November, Election Day.

Craig Mazin told me to tell you so. And we’re all counting on you turning out and winning the victory of our lifetimes for Texas, and for the country.

And now on with the show.

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

Craig Mazin: My name is Craig Mazin.

John: And this is…this is Scriptnotes. It’s a podcast about screenwriting and things that are…?

Crowd: Interesting to screenwriters.

John: You guys are so good.

Craig: Well trained. Well trained.

John: This is the 19,000th year we’ve done a live show at Scriptnotes.

Craig: Yes indeed.

John: Here at the Austin Film Festival.

Craig: Correct. Although we’ve never quite had that amount of firepower to open it up.

John: That was a lot of firepower.

Craig: Concentrated firepower. I have to say I was a little concerned because there was a chance that maybe all these people would be Ted Cruz fans. [laughs] Just a small chance. And if you are, get out!

John: Done.

Craig: Not a Republican/Democrat thing, just a me thing. It’s just a me thing.

John: Yeah. Because you have a personal issue.

Craig: A little bit of a thing. Little bit of a thing. But we’re so happy to see you all here. What an incredible crowd. And this is our favorite, honestly, it’s my favorite show of the year because there’s just a tremendous amount of enthusiasm and we love seeing you all and we have great guests and we have so much cool stuff, although we’ve sort of piqued, so you know, lower the expectations now and everything will be great.

John: So, for people listening at home I always think of the listeners at home. And so it is 10pm at night. It is a Friday. I have lost all track of what day it is.

Craig: It’s a weekend night.

John: It’s Austin time. And we are in an incredibly crowded room with standing room only with amazing screenwriter people. They’re all wearing something around their necks. It’s like a blue band. Do you recognize what this–?

Craig: Yeah, I don’t have to do that shit.

John: Yeah. So they’re all wearing–

Craig: I’m too cool.

John: They’re all wearing these lanyards that say Highland 2 on them.

Craig: Wait, what?

John: Yeah. If you notice they all–

Craig: Oh my god, you did that?

John: I did that, yeah. And so I got this for you. I spent thousands of dollars so that Craig would have to use Highland 2 for a weekend.

Craig: I’m not going to use it, but that’s, I mean, no, that’s actually pretty amazing. I can’t believe you – god, I’m not paying for this, am I?

John: No, no, no.

Craig: Oh, you’re paying for this. OK, great.

John: You pay for nothing and I pay for everything.

Craig: Phew. Got a little freaked out there. That’s actually pretty impressive. And I will say that I have bumped into a bunch of people that do use Highland 2.

John: Yes.

Craig: And they love it. I’m not an anti-Highland guy in any way, shape, or form.

John: No, you just promote my competitor at every moment. And that’s OK. That’s absolutely fine.

Craig: I like his work. Yeah.

John: Absolutely. Let us sit down and we can do some follow up, because one of the first things we have to do in any normal episode of Scriptnotes is some follow up.

Craig: Follow up. Yep.

John: So in the last episode of Scriptnotes we talked about this WGA campaign for No Writing Left Behind. So that’s a thing which happened. So we got some great emails back from people and some representative stories. We got some, you know, well what about this situation. But we got this email that I was like oh yeah that’s exactly the right thing to talk about.

So this is an email from Eva. So I’m going to read aloud Eva’s letter because this is what a good live podcast is is reading aloud stuff.

Craig: We should, before you know Eva is going to be listening to this, we have to let her know just as a disclosure that we’re a little drunk. So, OK. Traditionally this is our drunk show. We’re not Austin drunk. This is like Austin breakfast level alcohol. But still for us, yeah.

John: For me especially. All right. So Eva writes about No Writing Left Behind. She says, “This just happened to me in a very brutal way. I was asked to read two novels a company had just bought rights to and they asked about what I thought about them and what was in my opinion the best way to adapt them. When we finished our meeting I was asked to put together a document that talked about all these things. So, I’m aware I’m a ‘new writer,’ so I will only do that if it’s clear that I will get the job. They say I am the frontrunner. That my credits are not an issue.

“Fast forward two weeks later, and they have a pitch booklet/look book, complete bible for a premium TV series adaptation with a breakdown for the entire 12 episodes of the first season. And then I am called into a meeting with all parties involved. I am praised for my work. Everyone is so impressed. They just need to send to the director and see what he thinks.”

Craig, what happens?

Craig: “A week later I receive a call. The director doesn’t feel comfortable having someone so new onboard. So they’ve decided to look somewhere else, meaning a more established writer.” You didn’t take that job, did you?

John: I did not.

Craig: That would have been brutal. “Before meeting with me they didn’t even know what they were going to do with the source material. Now they have everything they need to develop a TV show, and they have literally thrown me to the curb.”

She doesn’t mean literally there. “And what control—“

John: Figuratively.

Craig: “And what control do I have in how they use those documents moving forward? Zero. If you need a clear example to support your cause I am more than willing to share. This is a very big company we all know and the director and other producers are also very big. Thanks for giving a voice to us writers.”

John: “Thank you guys for making us feel less lonely.”

Craig: Yep. Just checking the grammar on that.

John: So, Eva’s situation is sort of a why we were talking about that last week because that is the thing that happens where you’ve gone in and you’ve done all this work for somebody and then it’s not your work because you didn’t own those books. You didn’t own the stuff underneath that.

So, we were talking this afternoon Craig and you and I had two different opinions about sort of what Ava’s situation was and what her best play was now. So the best play Ava could make would be to build a time machine, go back, and not give those pages. And not do all that free work for those people. Best scenario. Second best scenario in my mind would be to go to those people right now and say like, “Look, I wrote all this stuff. I clearly wrote all this stuff. You are in a weird place because all the stuff you’re basing this on is stuff I wrote. Make a deal with me now. It’s going to be a scale deal. It’s going to be some deal that sort of says that I am the first writer that wrote this stuff. Even if you go with the other fancy writer, I was in the chain of title. That’s my play. What’s your play?

Craig: And that is what a reasonable person would do.

John: All right. Let’s hear Craig’s version.

Craig: What I say is: lie in wait. Because one day they’re going to make that thing and then about, oh, I don’t know, three weeks before the first air date you call them up and say, “I’m suing you. Because you stole my shit.” And then they’re going to settle. And it’s happened. This happened before. It’s just maximizing your leverage via evil. And the service of an attorney. But it’s deserved. They asked for it. They are doing a bad thing.

And the reason I’m so glad that you made this our follow up here because for you guys out here there is a decent chance this is how it’s going to happen to you when it happens. Your first encounter very frequently when you have that first sale, that first good meeting, that first kind of yes/almost yes, there’s a decent chance you’re going to be dealing either with peripheral people who are maybe a touch on the shady side, or you’re going to be dealing with established people who are still on the shady side.

The cost of someone asking you to just do a little free work is zero. Zero. So they’re going to do it. And then you are put in this terrible spot. But we’re here to tell you it’s actually not that terrible. The answer is nah. And if you’ve done a good job and you’re impressive and the work you’ve done at least in describing what you want to do is impressive that should be enough.

If you have to write a bunch of stuff up the potential for abuse is enormous and the potential for wasted time is enormous. But I guess there is the one up side that you may be able to lie in wait and sue. But if you’re not particularly litigious, don’t leave anything behind.

John: Yeah. All right. The other categories of responses we got in Twitter would fall into sort of four basic general buckets. The first one is the question of like well what if it’s my own thing. What if I came up with this original idea, this original pitch, this original thing, and went in to describe to these people and they said like, “Oh, could you send me through that thing you wrote about?” You could theoretically do that. That is your own thing. That is not mostly what we’re talking about here. You own that idea. The only thing I will caution you is the moment your idea becomes four paragraphs you’re sending through, then it’s all about those four paragraphs and it’s not about you and you as a visionary writer with those ideas. It becomes about that thing. So while you can legally do that and maybe in some situations it makes sense to do that, the more you can keep it in the realm of talking before you get to a screenplay is usually a good thing.

Craig: Professional writers get paid to write. So if you want to be a professional writer, and I’m thinking a lot of you do, get paid to write. If you are writing something for free you must control it all the way, meaning it’s your own spec work. It’s your original work. If someone is saying to you I have a book, I have an idea, I have a piece of this, I have a song, I have a toy – anything – that you don’t control completely you start writing when they agree to pay you, in writing, period, the end.

John: The other thing which showed up in our Twitter feeds, Craig what would you call this category of like people objecting to this idea of not leaving stuff behind?

Craig: There were a certain category of people who said, “Don’t interfere with my right to take abuse in order to get a job.”

John: My process is to be abused.

Craig: Sort of like you fat cats are trying to keep us out of the business by taking away our ability to write for free.

John: How dare you, Craig.

Craig: Right. Your rhetoric has disqualified you from our business. I don’t know how else to say. It’s just a silly line of reasoning. If your way into the business is writing for free, big headline, you’re not in the business.

John: Yeah. A related category of criticism was “but what about…” It’s what about ism. It’s basically like this thing you just said, yeah, but this other thing is more interesting. OK, great. This thing we’re talking about is specifically leaving stuff behind in a room. There are many challenges facing feature writers. They all are worthy of attention. Most of them are worthy of attention. This is about the one thing. So, what about ism I’m always vigilant for.

Craig: “Tu quoque”, is that how you pronounce that?

John: I don’t know.

Craig: It’s the you too. It’s a fallacy. It’s Latin. Guys, it’s Latin.

John: Latin. Latin.

Craig: It’s Latin for what he just said.

John: The last thing which came up a lot in this thing was the sense of like “Well why did nobody tell me about this before?” And the somebody telling you about things from before that’s institutional knowledge. And I feel like that’s a thing maybe we haven’t done a great job on is like when Craig and I were starting in the business other screenwriters would say like, “Oh, no, whatever you do don’t leave stuff behind.” And I guess we didn’t communicate that message through to everybody else. And so part of the reason why we have these amazing guests with us here tonight is so we can pass along some of our institutional knowledge of what’s happened before and hopefully fix people in the future.

Craig: Yeah, you know, maybe whatever happens, maybe it’s a little late. Maybe we should have said this earlier. Acknowledge/stipulated. But that’s not a reason to suddenly question the validity of it now. It is valid now. And so we’re saying to all of you don’t do that. For yourselves. Honestly for yourselves. It doesn’t change our lives, but for yourselves. And also I guess for the people that are with you in the room tonight. There is a certain impact we have with each other. And every time we agree to a condition that is unprofessional and debasing we’re making it a little harder for the next writer, or the writer next to us, to be treated well.

So, consider that as you go through your lives, you wonderful people.

John: Let us bring up a panel of institutional knowledge we are so lucky to have. First off, Wendy Calhoun. She is a writer whose credits include – Wendy Calhoun – credits include Station 19, Empire. She’s on a development deal right now. Wendy Calhoun, welcome to the show.

Wendy Calhoun: Thank you. It’s such an honor.

John: Yay. Next up we have Phil Hay.

Craig: Phil Hay.

John: Phil Hay, oh my god. Phil Hay has done a ton. The Invitation, which was amazing. Destroyer, which is coming out soon. Crazy Beautiful. Ride Along. Clash of the Titans.

Phil Hay: Right on.

John: Phil Hay, welcome to our program.

Phil: Can I ask a quick question before we start?

John: Yes.

Craig: There’s another guest coming. You know that right?

John: Two more.

Phil: Yes, no, it’s addressed to Craig and it’s regarding the video. How the fuck did you get so relevant? I can’t believe it.

Craig: I was born relevant, yo. When I came out people were like this means something.

John: This guy is…

Craig: This is important.

Phil: In relation to something else, this guy…

Craig: Nurses who literally deliver nothing but babies all day long, day after day, were like, “Stop everyone. Something just happened.”

John: One day you will have a famous roommate. He’ll have a famous college roommate and everything will change.

Phil: That’s it.

John: Nicole Perlman.

Craig: Yeah!

John: Nicole Perlman. Her credits of course include Guardians of the Galaxy, the upcoming Captain Marvel, Detective Pikachu. Nicole Perlman, welcome to our program. Thank you very much.

Nicole Perlman: Thank you for having me.

John: Finally Jason Fuchs. Jason Fuchs.

Craig: Fuchs.

John: Writer whose credits include Wonder Woman, Ice Age: Continental Drift. Jason Fuchs, welcome to our show, a return guest from last year. Nicely done.

Jason Fuchs: Thanks for having me back.

John: Yeah. So you passed some test with Craig.

Craig: Did you guys hear the show last year? Do you remember the greatest story in the world that Jason Fuchs told us? He can’t top that this year, can he? No, not a chance. Try. That’s a challenge.

John: We’re not trying to top, we’re trying to educate. We’re trying to discuss.

Phil: And what about the year before, Craig? What about the year before that?

Craig: Phil killed it.

Phil: It was fantastic.

Craig: Phil killed it.

Phil: This is a very controversial item with John.

John: Craig wanted like 20 people on stage and I said like let’s limit it to four.

Craig: Oh, I’m sorry I wanted to give you guys more.

John: Always the buzz kill. I sent through a depressing article for everyone to look at. So if you’re following me on Twitter you see that we’re going to discuss this article. This is an article that came out by Nicole Laporte on Fast Company. It came out yesterday. And it’s titled The Death of the Middle Class, but it’s really about how streaming has effected writers’ lives and streaming not just for TV, because you think about TV being all the TV shows that are going to Netflix and other channels, but also increasingly for features. So, I want to–

Craig: Happy time is over.

John: Happy time is over.

Craig: Here we go guys.

John: So we have four writers up here who work in sort of various capacities. Now Craig now has a TV show for HBO. And I want to talk about the change that’s happening for writers right now because these are mostly people who are moving into this industry and while there are more TV programs on the air than ever, in some ways it’s harder to make a living, or at least a middle class living in this. In this article that she lays out the people at the very top, the people who are making the giant deals, they’re making a lot. But the people who are going show to show, it’s actually harder than ever.

So, Wendy, I want to start with you because you have the most TV experience of the people here. What have you seen changing over the last maybe five years? And as you talk to writers who are trying to make a living, what’s different now?

Wendy: Well, I mean, I can use a very personal example. How about that?

John: I like those.

Wendy: I was on a show called Nashville. I worked on the first two seasons of that show.

John: Heard of it.

Wendy: I don’t know if anyone has seen it. Thank you. It’s about country music. The show was the hardest show I’ve had to launch. I’ve been a part of seven new series and that was the hardest. So to break up a bit of the sadness and monotony that we had in the room I would come in and pitch the black version of the show. And very often those pitches landed, by the way.

So, when we were in season two and I got sent by a friend a pilot script that had not been shot yet but was to star Taraji P. Henson and Terrence Howard called Empire I read it and I said, holy crap, I’ve been pitching this for two years.

So, I had to quit my job at Nashville without having an offer yet for Empire. It was a real flyer. I had kind of built my entire career writing, sorry to say, but white men with guns. And I thought this would be a really kind of different thing. I’d like to write a show with black people. That would be interesting, wouldn’t it?

I did get the offer, thank goodness. I went on as a co-executive producer of the show. I worked my ass off. The show came out of the box and it was a big hit. Now, we on Nashville were making 22 episodes a year. Fox ordered 11 episodes of Empire. That’s a half pay cut for me. Right?

Craig: Because just be clear, when you’re working in television you are paid per episode. Not by time, but by episode.

Wendy: By episode. Right. So do this math. So we got that going. And on top of that they added 12 weeks to the schedule before we actually shot. So, we had scripts written before we actually shot, which is different for broadcast television. So my money is not only half but it’s stretched out over three extra months.

Now, the show comes out, is a big hit. And I’m thinking, well, those residual checks will start rolling in. The green envelopes will start coming, right? No. The show goes directly to Hulu and I don’t get any–

Craig: I love the way you say Hulu.

John: I love that you say Hulu.

Wendy: Hulu.

Jason: I can tell you, Hulu actually pays way better.

John: Directly for Hulu, yeah.

Wendy: Not for broadcast repeats it does not.

John: But Hulu, the other one, it’s the wrong one. That’s the problem.

Wendy: Because it’s sponsored by Le Croix. Anyways, so you can kind of see how that is just one example of the economic impact that’s happened in the last five years. And that is to a broadcast television writer-producer. So you can only imagine when you start talking about cable where you’re making, what, $0.60 on the dollar? When you’re talking about digital where you are trying to – you have to rely on your management and agents and reps to try to get you some sort of back end participation so that you actually see some sort of money for all of your shows being shown again. And it becomes a real issue. A real issue in the middle when you’re in the middle.

Craig: So this is something that the Writers Guild had a big deal with the companies and we kind of went up to the edge of a strike with. So the old way of doing things, if you became a writer, a new writer, and you worked on staff at a show like Nashville, which was a classic network show, 22 episodes a year, you were paid per episode usually some sort of producing fee or consulting or something per episode. You got your episodes that you wrote. They had a rerun. Those generated a lot of extra money for you.

Now they cut that in half or even less. Sometimes it’s just eight episodes. That’s all you’re getting paid. But the amount of time you spend on it gets expanded so essentially what was a living at a certain number has been quartered in some senses by this evolution that we all kind of love as consumers. But as writers it’s become a real problem. It’s a real squeeze.

Wendy: Yeah. It’s an interesting conundrum because on the one hand side I love what digital has done in terms of democratizing our ability to distribute content. On the other hand side, this digital revolution is led by disruptors and they are disrupting the content creators so that they can have content for their technology.

John: Nicole, what are you seeing? So right now you are doing Captain Marvel, so it’s going to be a giant Disney/Marvel/Touchstone, or Guardians of the Galaxy. That is a big movie that gets a big theatrical release. It has a whole residual life to it.

Nicole: I mean, yeah, all the movies, the hope is that you’ll make a lot of money and the residuals and that will sort of make up for all the pain and suffering that goes into the writing process. But I haven’t written for television and frankly I’m so in the dark about all of it. I always assumed that my reps would warn me about it. And then just talking to you guys out in the hallway they’re like, oh, that company that you’re pitching for, yeah, that’s rough. And I was like, what? Wait, what?

And it’s not that I haven’t been paying attention, but I haven’t been paying attention.

John: And one of the challenges, so classically what Wendy is describing is a thing that’s been happening to TV writers over a period of time. But increasingly it’s happening to feature writers, too. So I went in to meet on a project at Fox, a big Fox movie. And my question was like but, wait, will there still be a Fox? Where does this movie go? And so you ask this question and they’re like, well, we’re not sure. I’m like, wait, is this going to go to the Disney streaming thing? They’re like “Maybe.”

And so I said like, OK, on one hand it’s going to be great if the thing got made. But then I’m thinking like, wait, then there are no residuals because then it never goes anywhere else. And so then it’s only showing up on Disney. It’s like, wait, then I don’t have a back end. Or that thing that I had in my deal with like box office bonuses if it crosses a certain threshold, well, there’s no box office, so it all goes away.

Phil, have you encountered that in any of your deals yet? Have you started looking at feature stuff where it’s like you don’t know where the feature is going to end up? Like you just did Destroyer. It was an indie movie. So you didn’t know who the distributor was going in.

Phil: Yeah, I mean, I think that if you make independent movies you’re comfortable with the idea that you don’t know what that end is. And that you don’t know if the movie that you’ve made and intended to be released in theaters is going to ever be released in theaters because for example Netflix has the power to take whatever they want. So, had we – we were fortunate that we’re with the distributor Annapurna that is committed to releasing movies in theaters. But we were well aware that Netflix could have at any time decided to take the movie because of the amount of money that they offered and there was not much you could do.

And many people are thrilled with that actually, but I think when I think about some of the stuff we’re talking about what strikes me is that there’s a real short-sidedness that is happening with the kind of business strategy that’s going on that I think is extremely inhumane and very brutal. And there’s sort of I think maybe a culture that certainly in Hollywood and in Silicon Valley that kind of values brutality. That there’s some truth to that. There’s some core Hobbesian thing that they’re chasing. When in fact I think that when we talk about the demise of the middle class of writers that the idea that it’s very short-sided to kill the ability of people to develop and to be able to create the things that are going to make you a lot of money. Because people have options, right? I mean, you know, I grew up wanting to be a screenwriter and people grew up wanting to be TV writers and people still want to do that because there is something truly magical and special about it.

But people can do other stuff, right? And the business as a whole has an interest in keeping people able to have a life and a family and develop their craft to then create stuff that makes money. And I’m afraid that now all the opportunities are at the very beginning level, which is great because you need those opportunities, and at the very, very top level. And if you’re at that level that’s great because you can do those things. But that part in the middle that we’ve talked about for several years and seems to be accelerating, I think it’s beyond a business problem. It’s a societal problem. It’s not valuing the ability to make a living at something, and to develop, and to work, and thus you’re going to drive talented people into other businesses. And that’s my biggest worry for us as a business.

Craig: Yep. And my guess is they won’t stop until they start feeling the impact of it, of their loss of talent. I mean, for you guys the thing to understand about the way a career in television – because television is just statistically where you will get your start. They just make a thousand television shows now. Netflix will have 700 titles. 700 original Netflix titles. It’s insane.

So, they’re making thousands of these TV shows across these new platforms. But traditionally television writers, the people that ran the show, these were the big guys, the big guns, and they were the new writers. But the bulk of people kind of – what they would do is they would get a job working on a show. And maybe if the money they paid you to write a script or two or work on that show wasn’t quite enough to afford to live in a place like Los Angeles, which is expensive, there were these residuals. That was the reuse money. When they would do reruns you would get this extra money and it would keep you going and you could raise a family and support a family and send your kids to college. The American dream.

And what they’ve done – and I think part of it is what Phil is saying, it’s a Silicon Valley, well, humans are just meat and computers are computing. Like we don’t care. They’ve eliminated a lot of that rolling support. So you now are hand to mouth. And when you are hand to mouth you tend to, I think, emphasize younger workers, newer workers who are willing to deal with it. And then when they get to a certain point if they don’t have their own show they look around and go I can’t make a living at this.

John: I think what you’re describing is that in some ways the proliferation of all these services and all the shows mean there are more jobs, total number of jobs, for writers. And so in many ways people entering the business like there’s more spots open, there’s more chairs. The thing is you’re not advancing because the shows don’t go on, or they’re only half a season so you’re jumping from show to show. It’s very hard to build up from one to the next. Agents aren’t pushing to advance your quote so your quote is how much you got paid on your last job, how much you’re getting paid on your next job. There’s not an incentive to sort of keep pushing your quote up. And so it makes it harder and harder to grow up the ranks of a business.

Wendy: I thought it was really interesting the fact that linking, I mean, maybe it’s obvious, but linking back that Netflix doesn’t release data on how well your show is doing, it takes away a leverage that you might have to say this is a top three rated show that you have. We deserve to be getting paid more. You can’t say that if there’s no data to point to.

Jason: I think everything everyone is saying is spot on.

Craig: Thank you. Thank you, Jason.

Jason: It’s probably something that the guild – particularly you Craig.

Craig: Thank you. I agree.

Jason: But isn’t there a certain component of this that’s organically also going to tilt a little bit in our favor? What you said, John, or Craig, you said 700 Netflix shows, so it feels like there’s this proliferation of material, but really it’s not competitive because you can’t very well tell Netflix you’re going to go off and do this other Netflix show. It’s still them.

As the studios all develop their own streaming platforms, right, Disney over the top has won. But at a certain point Time Warner has already announced it. It’s going to make sense for all of these studios to develop streaming platforms. There’s also going to be a proliferation of competition. I’m not saying that’s going to be enough to create a playing field where we can negotiate fair deals, but I also think it will help level the playing field a little bit.

John: I have a very specific question for you, because on a previous panel you were saying how you developed this new project with a director, you were very excited to do it, like it was a shared interest, a piece of property that you guys did together. As you have developed that property did you say like oh we want to go to a studio, or were you open to the idea of going to a Netflix, of going to an Amazon, or going to an Apple rather than going to a studio? Because it changes the equation of what that is.

John: The project he’s referring to is Robotech, which I’m writing for Sony and Andy Muschietti is directing. No, it wasn’t a conversation on that because Sony controlled the rights. It was something we knew Sony had and had been developing. So it wasn’t–

John: But if Sony wanted to do it for a Sony streaming platform would it have been as interesting to you?

Jason: For me it would have. I can’t speak for Andy. For me, I’m still in shock at the opportunities that I have. Robotech is a property that I loved. I loved the series growing up. So, yeah, for me the creative would have driven me to do that regardless of whether maybe it was a less financially rewarding situation. But I think it’s something we’re all going to face. I mean, as I’m developing more original stuff, it’s a big conversation with filmmakers. Do you want theatrical or not? Does it matter? Does it have to be a theatrical experience? And every writer is going to have to make their own choice.

Craig: I’m kind of curious what you guys think. I hate to do the Applause-o-meter but if you think that something means more because it’s in a theater as opposed to being on a streaming platform please applaud if it means more. OK. Now, if you don’t really care one way or the other whether it comes through a streaming platform in television or if it’s in theater, please applaud.

Interesting. Now. You do that six years ago, that’s everybody in the first applause, no one in the second applause.

John: So I’m here at the Austin Film Festival, but I’m also here at the Texas Book Festival which happens to be the same weekend. And so for Arlo Finch I’m doing all the book events for that. And so this morning at 7:20 in the morning a van picked me up and I went to a grade school and I talked to 300 kids about Arlo Finch and did my little slideshow. It was great. I’m really tired now.

But, I asked the same question. And so there’s been a lot of talk about will you do Arlo Finch as a movie or as a TV series, and so I polled the audience. I did the same thing. You don’t let kids clap. They had to raise their hand quietly. And so I asked them “Should Arlo Finch be a movie or like a Netflix show?” And it was pretty evenly split.

Craig: And so I’m glad that some of the kids knew what a movie was. That’s very good.

John: Yeah, exactly. What’s a movie?

Craig: A theater?

John: A recurring topic that will be a topic on Scriptnotes for the next however long we do the show is what is a movie? We talk about like is a movie a piece of entertainment that’s about two hours long that is a one-time story? Probably, because right now we have these definitions of what a movie is versus what a TV movie is for Netflix, which are just ridiculous. They don’t match reality at all.

Phil: But I think it’s a cultural. It’s not just the responsibility of the people making the stuff, or the people distributing the stuff, because you know what I would say as a person who is a diehard believer in the theatrical experience. It’s just what I love. But to look at it and say that it’s really the responsibility of people who write about movies, people that talk about movies. For example, right now I would say – and this may be changing really fast – but I’d say right now a TV show on Netflix, there’s no difference in the culture between a TV show on Netflix and a TV show anywhere else. It is not less than, it is not different than. It just is.

For some reason, and I think it’s because maybe the critical establishment or maybe the press doesn’t treat them the same, a movie that’s on Netflix is not quite the same. And that can change. That just takes the culture changing to kind of embrace and treat them the same way. So that’s the thing that I’m interested in seeing is if the people that kind of keep the culture alive decide that there’s no difference between a movie that is streaming only versus a movie that appears in theaters for however long it does. That will be different. There’s power in that in itself.

Jason: Is that also just a qualitative distinction? Like the reason that there’s no difference between a Netflix show and a broadcast show or cable show, I think, is because it’s just so good. Right? There’s started to become content on streaming and Netflix–?

Craig: Wendy hates what you just said.

Jason: No, no, no, but there were so many shows–

Wendy: That’s a relative opinion though, isn’t it?

Craig: Finally a fight.

Jason: It’s all a relative opinion. But didn’t – there started to become content on streaming that people were really excited about and so people started to take it seriously because they loved it. And I think that it’s not to say there aren’t films particularly in the last year like Roma that have come out in streaming, but I suspect that as there are more great films on streaming platforms, perhaps that will change people’s opinions just a little bit of what a streaming two-hour film could be.

Craig: In rebuttal–

Wendy: Having developed for both Netflix and broadcast television–

John: The expert in the room.

Craig: Here we go.

Wendy: They’re very, very different. They’re completely different. They have totally different models about how they approach content and about the kind of content they want to create. Typically what I find is when I’m developing with a streamer or with a cable, they want to do something that is absolutely the opposite of what’s happening on broadcast. And when I’m developing with broadcast, which by the way I’m developing two at this very moment, they are still playing by an old rule book.

So, I’m not going to say necessarily that what you’re saying like all of Netflix’s content is great, because I think some people here beg to differ.

Jason: No, I don’t think it is.

Wendy: You can’t have that volume and have that much greatness. But there is still something to really be said for broadcast. I mean, I love developing in broadcast and I’ll tell you why. I do believe that the Netflix, let’s call it a revolution, is changing the landscape of what kind of stories can be told and how much an audience can absorb and how smart audiences can be. And that is something that the broadcasters are catching up to fast.

There’s a reason that Fox gave us 12 extra weeks in the room, because they know how impossible it is to write a series in the short amount of window that was that traditional broadcast model. Right? A lot of times if you were on a broadcast show you would start writing in May and you had to start shooting by July. So they realize that that time crunch was an issue.

And, you know, people that are working on Netflix shows, they may be developing for a year before that show is even shot. I mean, it could go on forever.

John: Yeah. But in developing for a year, the extra time in Empire, the extra year for Netflix, that’s costing you as a writer money.

Wendy: It’s costing us money. Absolutely.

Craig: They’re penalizing you for the care you put into your own show.

Wendy: That’s right. And people say this all the time. I’m not the first person to say this. They say well the quality of shows, these shows are winning all these Emmys. OK, I got an opinion about that, too. But, winning all these Emmys versus broadcast and it is true. And broadcast is a completely different monster that you’re playing with. You are on a train that you’ve got to deliver every week a certain amount of content that is not equal to what’s happening on Netflix or even FX or anything.

Craig: And Nicole you were ready to jump in there as well.

Nicole: I was just going to say exactly what Wendy said. Not at all.

Wendy: Now that you got me fired up. Now that my Coca Cola has kicked in. Coca Cola.

John: Coca Cola, nothing more. Well, we need to move on to a craft topic that everyone can relate to. So we’re not all going to be making TV shows, but we’re all going to be writing stuff.

Craig: Most of these people will be making TV shows.

John: Absolutely.

Craig: If Netflix continues at this rate.

John: Everyone in this room.

Craig: Almost everyone here will have a TV show.

John: As you walk out, please pick up your No Writing Left Behind sticker and your Netflix deal.

Craig: You will all work for Hulu.

John: This was a tweet that was sent to me and to Craig. Nicola Prigg tweeted, “Is there any storytelling reason why we get bored during an episode of television? Or why we feel a story is slow in a movie?”

So Craig and I both saw this tweet. Craig said, “Yes, that’s a good topic for an episode.”

Craig: Yeah. Do something about it, John.

John: And so I said, yes, let me put it in the outline where we actually keep these ideas for episodes.

Craig: He’s scolding me now. Because I’m lazy. But it worked.

John: But Nicola Prigg actually had a really good topic. So why sometimes as you’re watching TV or watching a movie–

Craig: Or reading a script.

John: Or reading a script, yeah, which is the prototype to sort of both of these. I’m bored. And this actually happened to me this last week. I was talking to a writer-director about his script, which I loved, but I had to say like, starting at about page 45 I got kind of bored until we got to this moment. And I could describe exactly why it was. And so I want to talk with this panel here, as you’re watching a movie, as you’re reading a script, the things that get you bored.

And so I can tell you what happened to me was the writer had set up that in like two days this thing is going to be happening. And so once he established that landmark, like this is a thing we’re going to be watching for, everything that wasn’t that was kind of filler and felt boring to me. So that was a reason why I was getting bored in that script. As you’re reading–

Phil: I know the answer, John.

John: Tell me why you get bored.

Craig: Came out of the gate very strong there. You have nothing. Got nothing.

Phil: No. I think that one of the best pieces of advice I ever got about writing in classic form, I don’t remember who gave me this advice, but I remember the advice. And the advice was to get rid of everything in your script that seems remotely obligatory. And so I think people get bored when they smell that there’s something even in a well-written, engaging, funny, interesting script something obligatory is happening. We have to show that this is a good person. We have to show that they’re really worried about this. Any statement that starts with we have to do this, and I think you hear when you work with people, a lot of times you hear that exact verbiage. We have to see this. We have to see this. We have to know that.

Sometimes that feeling, sometimes you do have to know stuff, yes, but to me that’s the thing like if I’m watching a movie or I’m reading a script, when I get bored is when I can smell that the person is doing it because they think they have to. And the scene is over and it’s not over because there’s still a little bit more – we have to show how nice this guy is now, or something.

So I think the word obligatory is what always comes to me as boring.

Craig: I think that’s good advice.

John: So that sense of like you’re doing a thing because you feel like you need to do it rather than you want to do it. There’s not an excitement. And there’s no curiosity from the reader because—

Phil: They see it coming. They’ve already seen this story.

Craig: The calculation is evident right. When you’re reading it you go, oh, they’re doing that thing because they feel that they have to do the thing. That immediately is boring. And it’s probably a sign that you didn’t need to do the thing at all.

Phil: And maybe the remedy or the experiment doesn’t work every time is to try to do exactly the opposite and see what happens because sometimes that does work. To truly deny the thing that everyone has told you to do could. So just even as an experiment in your writing, I mean, I found that helpful in our writing is to sometimes do the thing that’s the opposite and see what happens.

Craig: Nicole, you are particularly good at entertaining me, in particular. And you’re not at all boring, you’re the opposite of a boring writer to me. What are you doing to avoid being boring and what are worried about when you read things and you go, oh, it’s happening?

Nicole: Of my own work?

Craig: No, of other people’s. You are never boring.

Nicole: Well, so I read a lot of scripts because I mentor a lot, so I do a lot of work with Sundance and with SF Film and with Sun Foundation. And so I’ve read a lot of scripts that I would say, there’re a few things. I mean, I could speak many things of this. But one is when the writer doesn’t trust the reader to be following them, and so it’s not breadcrumbs, it’s like loaves of bread being heaved at you. And you’re like, yes, I get that they have an issue with their mother. OK. This is like the fourth time you told us. So obviously the thing with the girlfriend is going to echo the mother. We know. And then you’re just waiting for it to happen.

And I think a lot of times I’m sitting around reading a script waiting for them to get to the part where the story really should start. Or just like get past the thing that is the big reveal that we all saw coming. So I would say people who don’t trust their reader to be more subtle or to be more complex or sophisticated. Or they’re just telling us too much. Shoe leather I think can be really boring. A lot of the like how did they get from this file that they found on the desk, and then they have to go to the gas station to talk to the guy. And a lot of the times it’s just following a paint-by-numbers kind of thing and it’s just not that interesting because there’s not necessarily any compelling emotion or conflict that’s inherent in that scene. They’re just sort of following a to do list. And so then we feel like we’re reading somebody’s to do list.

And the other thing I would say is that as much as I love research and I’m a big research fan, I think I’ve read a lot of scripts especially because I frequently am given science-based stories that are just like there’s an interesting fact that I’m going to shoe-horn in there that isn’t that interesting. And it’s like maybe if I was reading it in a game of Trivial Pursuit, but not in the second act reversal.

Phil: And just to add to that, I think that what you’re saying is so right because I think a lot of times there’s a false value that has kind of taken hold which is no one should ever be confused for even a second. No one should ever wonder for a second. Or just think, whoa, what, for a second. That there’s this weird impulse that everything has to be explained. It doesn’t come from us. It comes from other people.

Craig: Them.

Phil: But that idea that it can be fun and entertaining to sit in not knowing and wondering. It’s a whole concept called suspense. That’s a great concept but that is kind of weirdly under attack all the time, with the fear that the audience will just be so mad that they don’t know right that second. And I just don’t believe in that, but I know that there’s a lot of people who do. And so I think a lot of the stuff that you’re talking about is exactly that. That people are trying to cover all their bases and make sure no one is ever wondering for a second. And to me wondering is an amazing thing. That’s a great thing.

Craig: Wendy?

Wendy: Sure.

Craig: Love of my life.

Wendy: Hello. What’s your number? Just kidding.

Craig: I just love, “Wendy, love of my life” is the greatest movie quote of all time. Any time I hear your name I’m like, “Wendy, love of my life.” You guys know what I’m talking about, don’t you?

Wendy: The Shining.

Craig: Thank you, Wendy. The Shining. I’m not being creepy. I mean, I am.

John: We’re in a hotel.

Craig: I mean, I’m being creepy a la The Shining.

Wendy: A couple of things. When I go into a writers’ room and we are breaking the story for an episode of television, I’m going to stick with broadcast because the gauntlet has been thrown down there. So, in broadcast television, which millions upon millions of people watch–

Craig: Do it. Keep going.

Wendy: Maybe less than five years ago.

Craig: Yes.

Wendy: But there’s still a lot of people who don’t pay for content and want to watch it for free and don’t bother watching a tampon commercial. OK, so.

Craig: You’re the villain of the podcast now.

Jason: Just to clarify, I was not taking down broadcast.

Craig: No, no, no, it’s too late. It’s too late. You’ve been defined.

Wendy: He likes the conflict. And that’s actually what this is all about.

Craig: I love conflict.

Wendy: This is where I’m going. I always go into the room when we’re breaking a new episode and I say, OK everybody, what is the climax of this story. Show me the climax. I want to see what’s happening at that act five break. And I drive people bananas because they’re like, well, we want to talk about the teaser. And we have an idea–

John: You have act breaks. That’s a crucial difference in broadcast. You have act breaks that you’re building up to.

Wendy: Yes. And if you have story blocks that don’t service that climax, bye. It’s not here. We’re not using that. And, by the way, it takes me a while to get there. As a writer I’m very honest about this. What I find in my drafts as I go along is I’ll just – I don’t know, we’re in Texas so I’ll use a gun analogy because ya’ll understand that.

So like, OK, imagine you’re at target practice, right. You’ve got your gun. You’re looking down range. So, what I find in my scripts, especially the first few drafts, is that I’ve shot all around the middle target. Like the scenes are almost there, but they’re not quite there. And when I hit the bullseye, damn, you know that’s not boring. Right? So to me that’s really how I feel. I often say what is the highest point of drama that I can find in this story I’m trying to tell and then what are the highest points of drama that will get me to that place.

And so that’s how I keep it from getting boring.

Craig: That’s kind of where I’m at. Well done. And I think when I’m reading something and I get bored, or when I’m watching something and I get bored it’s because the show has decided to take a break, or the movie has taken a break. And what I mean by that is there is a propulsion going on. Somebody needs something. At all points something must be done about something, or someone. And then another thing happens that makes it really hard, or really surprising. But every now and then a show will take a break and go, OK, let’s just have a chat. Or, you know what, I want to tell you what I think. That’s a break.

I don’t want it. Even when people – sometimes you’ll have that moment in a movie where someone will sit down and there will be a little fireside chat of some kind and someone will start telling a story, but you don’t get bored because there’s a meaning to the story that impacts the end. Case in point, Gandalf sits down at one point. They are lost in the mines of Moria. And little Frodo notices that Gollum has been following and he says, “Oh, Gollum has been following me.” “Yes, he’s been following us for a long time.”

And then they have this very long – this is an action-packed movie and now it’s just two people talking. But what it comes down to is Frodo says, “I just wish I were not alive right now.” And he says, “It’s not our choice to determine when we’re alive. It’s only our choice to determine what we do with the time we have.” That is literally the theme of the entire series and it is why in the end the end happens the way the end happens. That is not a boring scene.

Right? Because they understood if you dare stop and take a break you better deliver something that matters. OK? If you dare to stop it’s got to be amazing. Like that. Just so you know, write Gollum.

John: So that’s a quiet moment. But so often I get bored during really loud moments. So like a bunch of stuff, like cities are being destroyed, and I’m like I’m just so bored. And because I’m not watching characters do anything that I care about. I’m just watching stuff happen. And it’s basically they’ve stopped actually the story of the movie just to show a bunch of special effects. And you can only take so much of that. It’s just like, no, I’m done, let’s get onto the next – stop. Stop destroying the buildings.

Craig: How many buildings can you blow up? At some point there’s just enough–

John: So many it turns out.

Craig: Oh no, the city is, again with the buildings. And I also think about the insurance adjustors.

John: Yeah. That poor man.

Craig: Or just like people that erect and take down scaffolding. There’s so much work to be done.

John: There’s a lot of work to be done. So, Jason, I wanted to get to you because you have done some of the big smashy things. So, can you give us any suggestions for a bunch of smashy stuff is happening, what are you doing to keep us engaged during the smashy-smashy bits?

Jason: I think the thing about broadcast is…

Wendy: Bring it.

Craig: You’re so funny. You’re so funny.

Jason: When you’re writing these big action sequences I think it’s very easy for audiences to tune out. It’s very easy for it to become about the logistics, about sort of the physics of what’s going on and the visual effects. And it just has to be about character. And it’s so rare that you have big action sequences that are driven by character. And I think Nicole you did something really brilliant with the finale set piece of Guardians of the Galaxy where it’s just about this group finally learning to trust each other and to work as one. And so it really is just a group of friends who all got thrown together, or hate each other, trying to figure out how not to for one moment.

And the stuff that’s going on around them is cool and beautiful and James Gunn does an amazing job of visualizing it, but it really does feel like it’s just a character piece. That’s what I aspired to do with Wonder Woman. And I think it all stems, you know, to your earlier question about why audiences get bored when they get bored. I think a big part of it is familiarity. And everyone was sort of hinting at the same thing which is lack of faith in the audience.

And I think audiences are ready for smaller act three set pieces. I think an example, well, World War Z is a movie that’s not necessarily beloved.

John: Oh yeah.

Craig: So World War Z is a great lesson because initially the climax of World War Z was a massive action set piece that took place in Moscow.

Jason: Big Red Square finale set piece.

Craig: Where Brad Pitt faced off against waves of Russian zombies, which we wouldn’t know anything about now today, but when it was revised it was determined that actually Brad Pitt versus one zombie.

Jason: And it works way better because it’s character.

Craig: Much better.

Jason: But I think underestimating – we’re still I feel like–

Phil: Would have loved to see a sky portal in that opening.

Jason: Sky portal would have been nice.

Phil: Just for me.

Craig: Just one portal.

Jason: But I do think we’re still a little bit behind the audiences in big studio feature film land. I think audiences have gotten so smart and so willing to experience different things from characters. And it’s not just about, I think confusion is a good point. There’s a real aversion to allowing audiences to live in that space of confusion which I think is valuable as he was saying. But I also think audiences are able to process complicated characters. I think probably all of us, or at least maybe this is just me, you get the note about characters being likeable. Your hero being likeable.

Craig: Oh, that’s the worst note.

Jason: Heroic enough. And that’s boring.

Craig: Never do that. Never do that.

Jason: People can be unlikeable.

Craig: If anyone ever says to you your character is not likeable, you say thank you.

Phil: And even worse if they say the word relatable. Because honestly, you know, we just made a movie about a character who is not likeable and not relatable. And the only thing that’s important to me is if you think the character is interesting. That’s all that matters.

Wendy: And now add gender and race to that equation. Tell me. You know what I’m saying.

Phil: Exactly.

Wendy: It’s very, very different.

Phil: Exactly.

John: You can’t throw that out there and not do anything more with that.

Craig: What else is there to say? She said gender and race. End of discussion.

John: End of discussion.

Wendy: If you don’t know what that means I can’t help you.

Phil: But relatable to who, likeable by who.

Wendy: Exactly. Exactly. Who says what’s relatable? Who says what’s likeable?

Craig: There we go.

John: There it is. I wanted some closure on that moment. This next moment–

Phil: You did it again. Perfectly.

John: Is a moment we’ve been waiting for for 370 episodes perhaps. So this is about a character who is perhaps relatable.

Craig: Not likeable.

John: Not always likeable. Not always entirely consistent. But it’s a character who we’ve all come to know really, really well. So this is a new game we’re going to play tonight called Why is Craig So Mad?

So, one of the things we did very early from the start of Scriptnotes is we have transcripts of every episode. So I can Google words to see certain words. Words like “angry,” or “umbrage.” And so what I did yesterday–

Craig: Or “fucking.”

John: Is I went through and I looked through the transcripts to find examples of like Craig being angry. And the question is would even Craig remember what he was angry about. So, in previous years we’ve brought a person out from the audience to guess. When I showed this to Craig, Craig had no idea so Craig will be the contestant and the host of this.

So, we’re going to take things, real things from the transcripts and Craig is going to have to figure out what he was so angry about. And our panelists here, so you have this Why is Craig So Mad? And so we’ll be reading down A, B, C, and D so you’ll be offering these alternatives.

This is from Episode 34, way early on. Episode Umbrage Farms. Craig, can you reenact your speech here?

Craig: The thought that you would poison your show with somebody because their daddy was somebody is insane and inane. I mean, I don’t know, I haven’t watched the show. Obviously you do and you like it. I haven’t seen it yet.

John: All right. What is Craig so angry about? Option A.

Wendy: Now do I read the parenthesis as well or no?

John: Including the parenthesis, yeah.

Wendy: OK. He’s really angry about Zoey Deschanel on New Girl. Her father is acclaimed cinematographer Caleb Deschanel.

John: Or Option B?

Phil: He’s actually angry about Allison Williams on Girls. Her father is disgraced news anchor Brian Williams.

John: Or is it Option C?

Nicole: Angelina Jolie in Girl Interrupted. Her father is wackadoodle actor Jon Voight.

John: Or is it Option D?

Jason: Jason Ritter, in Another Period. His father is actor John Ritter, rest in peace. Why did I get the sad one?

John: So, Craig, talk us through your mental process here.

Jason: Tonal train wrecks in this show.

Craig: By process of elimination it can’t be Jason Ritter because it can’t be. That would be crazy. I can’t imagine that happening. Who would dare question lovely Jason Ritter? And I can’t imagine Angeline Jolie. I’m torn between Zoey Deschanel and Allison Williams. I’m going to go with Allison Williams on Girls.

John: You are correct. It is Allison Williams on Girls.

Craig: I’m so proud of myself for guessing something I said once.

John: Indeed. Zosia Mamet would also have counted for the same thing. All right, by the way, I should say you weren’t angry at her. You were angry at people who were angry at her being cast on the show.

Craig: Correct. Correct. I was in support of Allison Williams.

John: Yes. Next up is Episode 305. Forever Young and Stupid. Craig, take it away.

Craig: Second of all… [laughs] You can see by Episode 305 I had really fallen into my kind of rhythm. Second of all, screenwriters working in the feature business, I mean, the people that are constantly telling us, hey, things have to change are directors. And now directors are just shocked. Hey, it’s the same deal with us. You took a check. You did something as a work-for-hire piece. Shut up. Piss off.

John: What is Craig so angry about?

Craig: I don’t know.

John: Option A?

Wendy: Sony’s plan to sell clean versions of its movies with none of that upside down kissing in Spider Man.

John: Or B.

Phil: Bryan Singer complaining that he was fired off Bohemian Rhapsody after, you know, not showing up for days at a time.

John: Or Option C.

Nicole: Louis C.K.’s movie, I Love You Daddy, being pulled from theaters after Louis C.K. pulled his dick out.

John: Or Option D.

Jason: DGA complaints about Netflix not showing director credits on the ten thousand billboards they buy around Los Angeles.

John: Craig Mazin, which of these things were you so angry about?

Craig: Oh no. Sony’s plan to sell clean versions of its movies?

John: Craig was right!

Craig: Again, I’m so bizarrely proud of something that should just be normal.

John: Yeah, so I don’t even know, did Sony do the clean versions? I don’t know. But we talked about it.

All right, last one. So Craig has two so far.

Craig: Two out of three. Basic memory, yeah.

John: Absolutely. Episode 221, Nobody Knows Anything Including What this Quote Means.

Craig: Because you’re a good person – I’m talking about you – because you’re a good person. You know, here’s the difference between you and me. A good person sees something that is deserving of vomit and says I don’t understand. Those words don’t fit together. I’m puzzled. I will take a nap. The bad person says I am filled with rage because I can see the bad conscience behind this.

John: What is Craig so angry about? Is it?

Wendy: Warvey Heinstein? Or, I’m sorry, Harvey Weinstein.

John: Harvey Weinstein. Or is it, B?

Phil: Final Draft!

John: Is it C?

Nicole: College students protesting Kimberly Peirce.

Craig: Ooh.

John: Or is it D?

Jason: The Blue Cat Screenplay Competition.

Craig: Shit.

John: That’s a hard one. I got a good one for this last one.

Craig: I mean, they’re all really good. God, it would be so depressing if it was the Blue Cat Screenplay Competition. I got to go with an old chestnut here. Final Draft.

John: It was the Blue Cat Screenplay Competition! Oh, Craig, you almost won the whole game.

Wendy: You’ve got to trust your gut.

Craig: You’re right.

Wendy: Trust your gut.

Craig: Never change your answer.

John: Yeah. You could have won the Showcase Showdown. Instead you gave it up at the end.

Craig: Could have spun the big wheel. Dammit. That’s great. I’m smart. “A good person sees something that is deserving of vomit.” That’s great.

John: We have transcripts for the whole thing. If you listen to the show or read the transcripts you would have an idea of what our show actually is.

Craig: I just finally got why they listen to the show.

John: Yeah. Sometimes it’s funny.

Craig: It’s actually quite entertaining.

John: Yeah. With some planning it sometimes works out pretty well.

Craig: You guys aren’t crazy. This makes sense.

John: We have time for some questions. So, who would like to raise your hand to ask a question?

Hello, what’s your name?

Atticus: Atticus.

John: Atticus like Atticus Finch?

Atticus: Yeah.

John: All right. Very nice.

Atticus: So my question has to do with like writing for TV and streaming and stuff like that, like the difference. So, with the culture of like binge-watching shows now where like on Netflix and streaming stuff you can do a whole season in a day, like do you have to tailor your writing of a TV series differently nowadays?

Craig: That is a great question.

John: Yeah, because you do that.

Craig: That is a really good question. It deserves commendation. It does. You guys have been around these festivals. They’re not always good.

John: So let’s talk about why that was a good question. So that is a good question because it speaks to the expertise that people have on the stage. That’s always good. It is a thing that will be generally interesting to everybody else around you. That’s another good thing.

Craig: Also, there’s something very real and craft about the way that has changed. So, I’m going to start with you here on this one and maybe you have the full answer to this one, Wendy, because you are primarily working in network where you do write week by week, but have you written anything in the binge space?

Wendy: Yes.

Craig: So do you do it differently?

Wendy: Yes.

Craig: Tell us.

Wendy: The companies that make binge product [laughs] really believe that their audience will sit through probably the first three episodes before a major incident happens. That’s very different from network television, where we have about 15 minutes. So that’s a completely different way of thinking. So, that extra two to three hours allows you to develop character, place, set a world that in broadcast your window is about that big. So, you can imagine then the type of choices you can make as a writer.

So, when you’re writing in broadcast and you’ve only got 15 minutes to sell it, you have to go right for the punches. And when you’re doing something on a streamer you can take your time with it. You can flow with it. You can let it go a little looser.

Craig: And you’ve got, I guess the most helpful tool in your tool belt to ensure that somebody comes back seven days later because they don’t have another episode to watch is the cliffhanger.

Wendy: Right. Right. I mean, both models use the cliffhanger. That’s for sure. Because they do want you to keep watching. But I would say that on the streamers, because they do slow it down so much – sometimes too much if you ask me. Sometimes I’m not willing to invest that amount of money. Money, ha. Time. Time is money. What am I saying? But you know what I mean. So it is interesting, because it does change the way you approach the story. It changes the way you approach the season because when you’re making the season and you’re not having the constant interaction of an audience that comes through social media or through ratings or through any kind of, you know, that sort of constant interaction that you have when you have a show that’s on week to week, and you’re making it in a bubble and you’re going to release all of them at the same time you can really approach your storytelling in a much different way.

I know that the way they try to emulate is they imagine that it’s – if you’ve got ten episodes you think of it as a long feature. Right? So your first act break is actually the third episode. Second act break is actually towards the seventh or eighth episode.

Craig: All right.

John: So another episode you might want to listen to, Stephen Schiff came on and we talked about The Americans. And so The Americans is a show that kind of feels like it was streaming, but it was a week to week show. And so they talked a lot about the previously ons and sort of how you have to build in the expectation like a person could be watching them all at once or the person is watching them week by week and you have to make sure that they’re caught up in a way that’s different. Because classically on Netflix there’s no previously on. It just assumes that you’ve watched all of them all together.

Another question. Who has a question?

Male Voice: Hi. After writing so many successful comedies, how did you come to Chernobyl and what was the experience like?

Craig: And who is that question for?

Male Voice: For the whole panel. And when do we get to see it?

Craig: Thank you for asking. Don’t know when I’m allowed to say.

John: Not when it comes out, but you can say why you wrote it.

Craig: It will be coming out next year. Not past the halfway point. The first half of next year.

The way I came about writing it is, I mean, the thing is it doesn’t matter the other stuff I wrote. Like Phil for instance writes all sorts of stuff. I don’t know if you saw The Invitation. It’s a wonderful movie that he wrote with Matt Manfredi and Karyn Kusama directed. It’s a fantastic movie. It is not at all like for instance Ride Along. But he also wrote Ride Along.

I generally think that people that write funny things can do anything. I like the Vince Gilligan method of hiring funny people to play dramatic parts. But I’ve always been interested in not funny things. It’s just that they were mostly paying me to write funny things, so I just did what I could. But probably Chernobyl is the most me thing I’ve ever done. So, really I guess it was just me being me. There you go.

John: You being you. We have time for one more question. So, right behind him is a gentleman who is wearing a shirt. Great, you, sir. The gentleman in a shirt. That’s a really specific thing. You sir, what is your name?

Christian: Christian.

John: Hi Christian. What is your question?

Christian: OK, so Oscars are coming up, award season. What’s one screenplay for each of you that you hope gets nominated, besides your own?

John: I would hope that Black Panther gets nominated, because Black Panther is fantastic. And it’s a fantastically well-made movie, but it’s also a great script. And so Joe Robert Cole and the director also deserve huge credits for how good the writing was in that. I’m trying to think of another – there’s other good stuff, I just wasn’t thinking about what was great this year.

Craig: Oscars are coming up now already? Didn’t we just do them?

John: No. I know it feels like we did.

Craig: I so don’t care.

John: Yeah. Franklin was the show and we talked about like we just don’t care about the awards.

Craig: I mean, I just like movies. The whole rat race of it all. I mean, I know people do get into and everything. I just wish – I love the way the AFI does it where they’re just like it’s 2018. Here are ten movies we loved. Let’s celebrate these ten movies. They’re great. Instead of like pitting them against each other in a fight. But that’s just – oh, probably also because I’m never going to get an Oscar so it’s easy for me to say that, isn’t it. To be like oh Oscars, blech.

John: Can I punt your question a little bit and say that one of – the only good thing I will say about the whole award season bullshit is that the studios all publish their scripts. And so you as writers who are like curious about screenplays–

Craig: Oh, that is true. This is good.

John: You can now read all the screenplays. And like us growing up, it was hard to find screenplays–

Craig: Is there an app that they could read those on?

John: You could read it on Weekend Read, for example. So, Megan, is also going to be putting all of those scripts as they become available up on Weekend Read. So that’s a place you can read them, but you can also find the PDFs other places, too.

Read good scripts. You should also read some terrible scripts so you can understand what never works in scripts. But reading really good screenplays is a great way sort of to develop those muscles and sort of see like, oh, I should aspire to do these really good things. And you see like what it looks like on the page before it becomes the movie.

Craig: I feel like there should be one more question.

John: There should be one more question because I kind of punted that question.

Craig: Can maybe not a dude ask the last one?

John: Which woman in the audience – this young woman right here has raised her hand. She’s wearing a–

Craig: A shirt.

John: She’s wearing a shirt.

Female Voice: I’m also wearing a shirt.

John: All right. People in shirts. But it’s the same color. Is that an Austin Film Festival shirt?

Female Voice: No, it’s just palm trees.

John: Because that is the Austin Film Festival color. The official staff are wearing those shirts.

Female Voice: Oh that’s true. Please don’t ask me anything. I don’t know anything.

John: All right. But you have a question for us.

Female Voice: So my question is at this level of your writing I hear a lot of you guys talking about assignments and I want to know how often, I don’t know, weekly or if it’s maybe daily, you get to work on your kind of pet projects and your own things that nobody pays you for. Or, are they paying you for those?

John: They’re not paying. So, let’s talk about that. Let’s start at the end. Jason Fuchs, how much are you chasing or writing on assignments versus your own thing?

Jason: I would say right now it’s probably weighted more heavily on assignment stuff. But I think that part of staying sort of fertile and fresh creatively is focusing on things that are originals that mean a lot to you. So my time for the most part right now is divided between Robotech which is, although it’s a passion thing, it’s obviously something was an assignment. And an original. And so I try to split time between that and then in the back of my mind there are always original ideas percolating. But I think it’s really easy to get excited about open writing assignments and these are things that you have to work very hard to get.

And oftentimes they’re properties that you fall in love with and that you care as much about, at least in my case, certainly as some originals. But I think it’s really helpful to still focus on what those originals might be.

John: Nicole, what’s your split?

Nicole: Well, let’s see. The last year has been really intense. So, I did a studio project that was an assignment but it was based on an IP that was just basically a title and like a bad guy, so it felt like an original but it wasn’t. And a pilot that was also based very, very loosely on a short film. And then I wrote my own short film and adapted it from a New Yorker short story and directed it. That was a passion project which was great. My agent was like where have you been for three months? So that was fun. And then I have two passion projects I’m working on now in addition to the writing stuff. So, I would say that it’s about 50/50, but this year it’s been more like 60/40. It’s been a lot.

John: So Phil Hay, you do assignments but also this Destroyer, would you consider that – that’s your own thing? That’s your fun thing?

Phil: Yeah. Well, I think, I mean, it’s changed for us. So, my partner Matt and I who have been together for a really, really long time now work with my wife, Karyn, so the three of us – we basically have a family business. So we try to always have – we have one way where we’re trying to just make our own stuff at whatever budget level that is. And sometimes the next thing we do might be a studio. We have a studio that we might do next, but we also have an independent thing that we’re writing. So, for me personally and really fulfillingly the needle has shifted way toward just building stuff originally from the bottom up. And then doing assignments that really has a goal because it’s just our little group doing it.

But still doing some studio assignment work. But I would say like generally my lesson of my whole life and career, and I’m sure you guys feel similarly, you said something similar, is that you need to be doing your own stuff. Regardless of whether the results of it, just for you to be you as a writer and to stay alive emotionally and intellectually.

So, the original stuff always had a huge spot for me. But sometimes it’s had more of an economic spot and sometimes it’s had less of an economic spot. But it’s always been equally important.

Wendy: Yeah, I mean, he’s clapping. Like a dad.

Phil: I’m going to buy you a beer. Let’s go.

John: Wendy, do you get a chance to do your own original stuff? You’re doing TV for folks?

Wendy: Well, god, I’m so lucky right now. I feel kind of shamed.

Craig: You’re ashamed because good things are happening to you?

Wendy: Because good things are happening. Yeah. Yeah.

Craig: That’s the most writerly shit of all time.

Phil: Here truly is a writer.

John: Tell us why you said that. Why do you think he said that?

Craig: That is so writerly.

Wendy: Because I’m so used to losing, man.

Craig: There you go. There you go.

Wendy: I’m so used to being the – I had actually a showrunner once say to me in the room, “Learn to take a yes.” And, I mean, that’s me. I’m so used to fighting. I’m so used to having to push so hard. But this year was pretty brilliant.

So I’m in a deal and I sold two projects that I love. And so they’re assignments, but they were created by me. So, I don’t know, where does that fit in? So I would say 45% on the one piece that I sold, probably 45% on the other piece that I sold. But you know me. I always save 10% just for me. So I got 10% of things that are stories that I’m incubating that I’d like to go sell next year. Because, I mean, it takes a long time to develop what could be the concept for a television show.

You’re talking about millions upon millions of dollars of investment. So it’s important. I take that 10% and I invest my own money, not very smart but whatever. I invest my own time and really try to develop those stories so that come next June when the wonderful studio I’m working for comes and says, OK, what do you want to go pitch, I can say I got this ready, I got this. What are we going to do?

Craig: Great.

John: Craig Mazin, obviously Chernobyl is a passion project. It’s your own thing that you sort of came out and created.

Craig: It’s my own thing.

John: But the sort of – the stuff you don’t talk about on the show, you’ve also done a lot of work for other folks this last year, too.

Craig: Mostly. I mean, the truth is I have deferred for the longest time any kind of me time.

John: The personal enjoyment.

Craig: Like I’ve just always been somebody that’s helping someone else do what they do. And a lot of it has been wonderful and fulfilling. I don’t mean to ever suggest that I was not grateful for it. And a lot of it I loved doing. I mean, I loved working with Todd Phillips. That was great. But those were his things, you know. And I’ve spent so much time helping other people with their things, or coming in and fixing things, or dealing with distressed property, whatever it is, and to finally just do my own thing was wonderful. And I want to keep doing it. And so I think I’m going to.

And, you know, you can do the other kinds of stuff if you need money and you’ve shown that you have a track record of doing those things. That’s great. But I’m an odd one actually. I do feel like I’m very odd in the sense that I kind of started in a weird way, even though the first thing I did was like my own thing kind of. But it was really honestly it was a service job. It was like you guys need a movie like this. I’ve always been that. And only now weirdly after fucking 23 years am I finally just – so it’ll be tragic if it’s awful, wouldn’t it? I hope you don’t think it’s awful. Because if you do, then you think I’m awful.

John: No, we don’t think you’re awful, Craig.

Craig: I’m a little bit awful.

Wendy: Would somebody buy him a beer?

John: And so I will say from my perspective like doing Arlo Finch was a chance to just do completely my own thing. And so the best thing about making movies and television is it’s incredibly collaborative. The worst thing about making movies and television is it’s incredibly collaborative. And no matter what your vision is going into a thing, it’s always being filtered through a bunch of other people. And so to actually say like, oh, you know, that comma is there because I want that comma there and it matters to me was a great change for me and really, really good.

I won’t ever have that in features because it doesn’t matter. The screenplay is a plan for making the other thing. But to make the thing as a book was great. So that’s been my three books of doing my own stuff.

Craig: That was also a good question.

John: Yeah, see.

Craig: This row was nailing it.

John: The question row. Another free beer.

Phil: Another free beer.

John: This was a really – this was a pretty good Scriptnotes I think.

Craig: I don’t know. Was it?

Phil: It’s really up to them.

John: A good audience! We need to thank some very important people, starting with Beto O’Rourke.

Craig: Yes. And in all seriousness, how many of you – just raise your hand if you are a registered voter in the state of Texas. Now, lower your hand if you have not yet voted. So if you’ve voted lower your hand. If you still have yet to vote keep your hand up. You haven’t voted yet. And you can vote in the state of Texas. Very few of you. Wonderful. You’re voting, right? Good.

John: Good.

Craig: Yeah. Yep. I’m not going to tell you who to vote for, but I will tell you do not vote for Ted Cruz.

John: The only thing he asks is not to vote for Ted Cruz. We need to thank Megan McDonnell who made this whole night possible. Megan McDonnell, our producer.

Craig: Where is she?

John: She’s right there.

Craig: There she is.

John: Our show is edited by Matthew Chilelli. Thank you Austin Film Festival’s Colin Hyer. Thank you very much for having us here again.

Craig: Always wonderful.

John: Olivia Riordan. Travis, Joseph, Sonja, James. All the Austin Film Festival volunteers. You are fantastic. So let’s thank everybody here at Austin Film Festival. And Ben thank you very much for the lights. Hey guys, thank you very much. This was another fun year to do this.

Come tomorrow if you can get into our Three Page Challenge. We’re going to be talking through three Three Page Challenges.

Craig: We’ll be tearing humans apart in front of you.

John: Indeed. And we won’t be drunk. Well, we may be a little bit drunk.

Craig: Yeah.

John: Thank you all very much. Have a good night.

Craig: Thanks guys. Have a great night.

John: And Craig has one more thing to say.

Craig: So, if you’re a WGA member you now know that you can vote on our proposal to amend the credits rules for screenwriters. We strongly, strongly, strongly, both of us, urge you to vote yes on this. If you have questions, take a look in the booklet. There is a statement against it, which I strongly disagree with. And in fact you’ll see that the committee, including a lot of terrific screenwriters, have put together a very clear argument rebutting all of those points. So we really, really urge you to vote yes. It’s something that we need as writers.

Links:

  • Thanks for joining us, Wendy Calhoun, Phil Hay, Nicole Perlman, and Jason Fuchs!
  • And thank you, Beto, for the message! Check out the video from the audience.
  • The Death of Hollywood’s Middle Class by Nicole Laporte for Fast Company
  • This tweet by Nicola Prigg
  • Keep an eye on Weekend Read for screenplays this awards season.
  • T-shirts are available here! We’ve got new designs, including Colored Revisions, Karateka, and Highland2.
  • The USB drives!
  • Wendy Calhoun on Twitter
  • Phil Hay on Twitter
  • Nicole Perlman on Twitter
  • Jason Fuchs on Twitter
  • John August on Twitter
  • Craig Mazin on Twitter
  • John on Instagram
  • Find past episodes
  • Scriptnotes Digital Seasons are also now available!
  • Outro by Matthew Chilelli (send us yours!)

Email us at ask@johnaugust.com

You can download the episode here.

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