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Scriptnotes, Ep 355: Not Worth Winning — Transcript

June 26, 2018 Scriptnotes Transcript

The original post for this episode can be found here.

John August: Hola y bienvenido. Soy John August.

Craig Mazin: Soy Craig Mazin.

John: Y esto es Scriptnotes, un podcast sobre la escritura de guiones y cosas que son interesantes para los guionistas.

Today we have the grab-baggiest of episodes with topics ranging from screenwriting competitions to toxic fandom to the new Apple deal, plus we’ll be answering questions about capitalizing on heat after a sale, Bad Robot, and NDAs.

Craig: Ohh. But can I do the entire episode in my telenovela voice? Soy.

John: Oh please.

Craig: Craig Mazin.

John: You absolutely should. So, I should say that I’m doing the Spanish because I am here in Spain. I’m in Barcelona at the moment, and it is great. Craig, you’ve been to Barcelona, right?

Craig: I have not.

John: Oh, put it higher on your list of places to go.

Craig: It’s pretty high up there. Just in the midst of all the work travel we sort of put other travel vacations on hold just, because I’m starting to hate planes and time zones. But, yeah, it’s definitely high up there. My daughter is quite demanding about it.

John: It is fantastic. I recommend everything that everybody always recommends about Barcelona. I was here in high school and did not like it, because it was sort of the first big city I’d been to and it was overwhelming. But it’s a really good, approachable big city. I was a little bit nervous about the Catalan of it all, but everyone here speaks Spanish and English. And it’s fun to watch what language they default to you in.

So, if they kind of recognize that you probably are a native, then they’ll speak Catalan. Otherwise they’ll speak Spanish. Unless you’re Asian, and then they’ll speak English.

Craig: Well, what’s going to happen with Melissa is they’re probably going to speak English to her because she looks so not Spanish. And then she will speak Spanish back to them. And then they’ll be surprised, which is one of the most fun things to watch for me.

John: Yes.

Craig: Watching native Spanish speakers listening to Melissa speak Spanish for the first time, they all make the same face. And the first face they make is what’s going on here? What is this? Is this one of those hidden camera shows? What is this?

And they start getting very curious because they want to know where she’s from. Because they’re quite sure she’s not American. Because her accent is too good. But it’s not their accent, so they start thinking are you like one of those German people that ended up in Chile? Or what are you? And thus–

John: She could have escaped–

Craig: The Nazis.

John: Who hid off in Argentina, yes.

Craig: Yeah, no, she looks like the great-granddaughter of some sort of Nazi escapee. Yeah.

John: But she’s a lovely woman and a great wife I take it.

Craig: Yeah. She’s none of those things.

John: She’s none of those things. Let’s get into this because there’s so much stuff on the agenda for today. So, we’ll start with what was going to be our feature marquee topic. We thought it was going to be a whole special episode and it is not a whole special episode. But to sort of give a little recap, this started on Twitter. Someone tweeted at you and me saying like, “Hey guys. You should be aware that there’s a giant scam going on. It’s about Coverfly.” I didn’t know what Coverfly was.

Craig: Me neither.

John: There’s a long blog post. You and I read the blog post. And it looked like, wow, there’s actually a lot here. And then it has all sort of dissipated.

Craig, can you talk us through what you’ve discovered so far, at least what this was?

Craig: I mean, vaguely. I mean, this is the same – so somebody was complaining about this group Coverfly. Coverfly apparently is a service that provides coverage for payment, I guess. And then also offers as part of its conglomeration with 12 other business names offers paid consulting – you know, the sort of thing that you and I don’t like very much.

However, Coverfly also provides a service to other screenwriting contests. They have their own contest, I guess. And then there are other screenwriting contests that become overwhelmed with submissions and need readers to evaluate these scripts. And so they essentially – I guess they outsource that to Coverfly.

Coverfly in turn has its own sort of like script hosting service I guess you’d call it. Right? It’s sort of like a Dropbox for screenplays. And I guess what happened was they started signing people up or migrating accounts to their service without people knowing and then people thought that essentially, “Look, I’ve entered the Austin Screenwriting Festival Competition for instance and suddenly I’m getting an email from these Coverfly people telling me that I can create an account for free if I want, which I didn’t want. And who are they? And why are they sending me ads?” And all the rest of that.

And so it seemed a little stinky and smelly. And interestingly enough it was the same guy that we had our last and final Scriptnotes Investigates episode on which was that former service where the whole thing went kablooey and people lost some scripts.

Anyway, it turns out it’s sort of not really any of that. It’s just kind of actually very mundane, boring, reality of the way businesses work. And it didn’t seem like there was anything particularly unethical going on any more than there usually is in this area of the world.

So, I don’t know, what did you think?

John: I felt we ended up in a place where there were sort of counter-balancing unethical things that were happening. So the initial blog post that we were tipped off to was taken down afterwards, but the Coverfly people had responded to it. I actually tweeted at the Coverfly guys saying like I know you’re going to do a blog post response to this, so I’ll just wait until you do the blog post response to this.

It was not clear who this anonymous person was who was putting up this thing. Whether it was a rival? Whether it was a former client? So the person we were talking to before was John Rhodes. This was back in Episode 191. And the service was called Scripped.com. They’d bought it out, some people lost their material that was on that. It was a special Saturday episode that we put out. Like I think it’s the only time we’ve put out a Saturday episode.

And so we talked with him about that way back when. This seemed like a situation where both sides were doing a lot of Googling of each other to figure out who the other person was and all these Coverfly businesses were related. But also the same guy had taken screenshots from a certain thing. It all got very forensic and kind of dull and boring.

Where I came out of this, and a question I asked on Twitter as it all sort of blew up, was I asked to Twitter at large, “Hey, can anyone tell me whether winning a screenwriting competition actually had a meaningful impact on your career. Like did it actually start your career?” And I said specifically I’m curious who out there has produced credits that they believe only came to be because they won a screenwriting competition.

And if so, which competition? And I think not surprisingly at all Nicholls Fellowship is meaningful. If you win the Nicholls Fellowship, great. That’s fantastic. It’s run by the Academy. Everyone knows what that is.

Some success out of Austin Film Festival. Very little success out of anything else.

Craig: Of course.

John: And that’s what we’ve always kind of said.

Craig: Yeah. I mean, it’s not surprising at all. And one thing that did come out of this which was a bit surprising to me is, look, the guy that made all these charges seemed like an Internet crank honestly to me. One of those people that just goes way, way deep in a Zapruder film-like examination of something. But they did make one point that I thought was kind of remarkable that this company – so the parent company that owns Coverfly and a bunch of other things is called Red Ampersand. And Red Ampersand owns ScreenCraft. ScreenCraft operates at least 15 different screenplay contests. OK?

So, the Coverfly Company is involved with 15 different screenplay contests that are run by itself, meaning its parent company. Also, they are supplying coverage for other people’s competitions. Meaning you’re kind of ultimately paying twice to submit to the same people. Now, what they say is, “Oh, we have different juries and judges for those different kinds of things. And so it doesn’t work like that.”

But here’s the truth. None of this is worth a damn thing and nobody should be using it. Apologies to everybody involved, because some of these people are nice people, but it doesn’t work. It doesn’t work. I don’t know how else we can say it and how many times we can say it. It doesn’t work.

There are so many people out there charging you money to enter contests, charging you money for notes, charging you money for consulting. It doesn’t work. And more to the point, not doing it has worked. In fact, not doing it has worked for literally everyone you and I know who works as a professional screenwriters. So at some point I think we’re asking people to take a leap of faith here and stop doing this. We know that the Nicholls Fellowship matters. It doesn’t always work, but it can work. We know that Austin to a lesser extent can work. Beyond that, stop.

John: Yeah. I do feel like screenwriting competitions are the astrology of our business.

Craig: It’s the homeopathy, right?

John: It is. It is. Just maybe entering one more competition is really what’s going to do it for you. It’s not.

Craig: It’s not. It’s not. And people are losing money and I have to also just point out that there is something at some point when you do look at the fact that the parent company owns 15 different companies, they each run – there’s 15 different screenplay competitions. It’s all promotional so that you’ll end up spending money. They are businesses to make a profit. And it starts to get byzantine and more to the point literally they’re charging you money for a lottery ticket and the thing that you can win is not money or prize but rather a brief moment of pride.

And perhaps even a brief moment of not feeling bad. Maybe that’s the best it can be, right? That’s all they’re selling you is false comfort. That is what that industry is. And I don’t begrudge people a right to make money doing a legal thing, but it is our, I think, obligation to tell all of you at home the truth, which is that they don’t matter and they don’t work.

John: So, when I talked with writers who did succeed off of Nicholls or Austin, like Stephen Falk of You’re the Worst was a person who wrote in saying like, yes, winning at Austin was incredibly helpful. And I asked him why and he said, “It helped me get my managers,” and that was important to him. Basically it provided some legitimacy so as he went in to talk with managers he could get over that next little step. That I could totally see and that’s why the prestige of Austin and the prestige of Nicholls Fellowship helps people start careers.

But these things you’ve never heard of, well, Craig and I have never heard of them. Managers have never heard of them. Winning it is not going to do anything for you and that’s what it comes down to.

Craig: Everybody at some point is going to say I was a semifinalist/finalist/winner of some blank fill-in competition named here. Nobody cares. No one cares. No one knows what those competitions are. You know what else they don’t care about in Hollywood? They don’t care about your college degree. They don’t care about your work experience. They don’t care about how many languages you speak. They don’t care about your skills, your volunteerism. You know what they care about? The document they just got handed. That’s it. Period. The end.

They read the script. They don’t care about anything else. So, stop.

John: Yep. Another group of people we’d like to stop are some fans of the Star Wars franchise who seem intent on destroying it, in a way. So, this has been sort of bubbling up for a while, but this is the most recent example was the stuff that happened to Kelly Marie Tran, who played Rose in Rian Johnson’s film, The Last Jedi. She left Instagram. We’re recording this about a week before the episode comes out, so who knows what will happen in the meantime.

But I wanted to just take a moment to talk about fandom and sort of this most recent wave of destructive fandom that you see out there. And see if we have any recommendations for creators dealing with it, or an industry dealing with it, because it just sucks. And it’s just so dispiriting to see every day.

Craig: I cannot explain this beyond the obvious explanation. It’s so bizarre to me. You and I – I look at a lot of these people out there that are complaining about Star Wars because they don’t like, I don’t know, the cast or something, or what happened to a character. These people certainly must be younger than you and I.

You and I grew up in the age of Star Wars. We were each about six or seven when the first movie came out, right? And then the second movie came out nine/ten. So, we are prime Star Wars generation. We are the Star Wars Generation. And nobody ever, ever, ever when we were young talked about these movies this way ever. Ever. Never. In any way, shape, or form. And part of the reason was we felt no ownership of it whatsoever. None. It was a gift that we went to go see.

We all saw them. And, yeah, you know what? I remember thinking the Ewoks were stupid. I didn’t care. Whatever. You know what? So then the Ewoks were stupid. What am I going to get angry? That’s not how it works.

I have no ownership over these movies. They’re movies. My ticket back then cost the same price to go see Max Dugan Returns. A pretty good movie, by the way. It didn’t matter what the movie is. You paid your ticket, you went down, you saw it. And now what has happened is, and I can’t put all of the blame on the fans. I put part of the blame on the companies. The companies have managed to monetize and exploit this fandom, this experience. I mean, you can’t say convention without con. It’s all a con to take your money. They are religiousifying their products in such a way that people begin to feel religious about it. What a shock.

And then they are surprised when it sort of bites them in the butt. I blame the butt-biters for it. However, I do think that the fact that we have kind of built these mythological and engaging worlds around these movies has engendered a certain problem with what I’ll call a problematic segment of our society, specifically young men, young white men, I’ll say between the ages of 15 and 30.

It’s interesting from an anthropological point of view, or a sociological point of view, they didn’t seem to have a problem with a black man in Star Wars. Well, they did, but they didn’t lose their minds. But when you start putting women in Star Wars then they start getting crazy. And my god, you put an Asian woman in Star Wars and they lose their S.

John: Yeah. There wasn’t backlash against older Leia because Leia was already established. She was cannon. People love Leia. She’s seen as a princess. Everyone sort of got that. It was the other women being added to the franchise that hurt it.

I think you’re picking at two very interesting aspects of this, which is that you have the religious fervor quality and whenever people become true believers in things that belief in things can be transformative and it can become dangerous. It can become sort of fanaticism. It can become this kind of zeal that is destructive. You see that happening again.

And also this sort of that 15 to 30-year-old white male culture, which is really the heart of the sort of troll culture. It’s the people who have grown up in the system of like always snapping back against the things they don’t like and feeling that they need to exert control over things because they feel out of control over things.

Craig: Yeah.

John: A related thing which I listened to this last week was a great piece on the shippers of Sherlock. So basically the people who watch the BBC Sherlock and believe that they are absolutely, 100% a couple and that the creators of the show are lying to them when they claim that they are not a couple. I’ll put a link in the show notes to a really great podcast that sort of explores, called Decoder, that explores how that fandom sort of came to be and how it became a giant schism within the community of the fan fiction writers for Sherlock and their fervent beliefs in the nature of that relationship and the degree to which the creators of the show are lying when they say that they are not a couple.

Craig: Yeah. Including the gay co-creator, Mark Gatiss. It just, ugh, I don’t get it. First of all, I have trouble with just anyone talking about shipping or ship instead of relationship, because it makes me itch. Just like I have a huge problem with people using the word stan for fandom, because it feels so blech.

John: And some of it is generational. Sometimes it’s us old men shaking our canes at things.

Craig: Some of it. Some it also is just like I think you guys are just making up words to make yourselves feel like you’re part of a secret group of people with inside knowledge or coolness. It’s not cool. It’s inherently not cool to explain to creators of a show why they’re lying to you about what their two characters should be doing. That’s it. That’s what they showed you is it. That’s it.

John: So do we have any theories about why some properties seem to be a little bit better protected from that sort of toxic backlash than others? Because when you look at the Marvel universe, it seems to have done actually pretty well at sort of keeping the main through line of the movies moving ahead fine. And all the shipping can happen over at the margins, but it’s not affecting the main product and you don’t see a backlash against the main product from the fans.

Same with Harry Potter I’d say. Like there’s always been a lot of shipping happening in Harry Potter. There’s always people who believe that Harry and Hermione belong together, but it never seems to come back to J.K. Rowling that she has done something wrong.

And I wonder what it is. I wonder what is the difference between those kinds of properties. Is it that Star Wars is perceived as being more adult and therefore adults are sort of more engaged with it? There’s something different happening there. If you could figure what that is it would be so useful for us as people creating these giant properties that go out into the world.

Craig: I have a theory. It’s going to be disheartening, but that’s what I do. I think that had Harry Potter begun to come out say two years ago it would be a nightmare for J.K. Rowling. Every single new book would be a nightmare of how could you do this, why would you do this, what happened to so-and-so, why aren’t they together, how could you lie. When she finally reveals seven years from now that actually Hermione and Ron get together, people go bananas. It’s just going to be – and every single who is or is not white, black, Asian, why are there no transgender characters? Why are there no openly gay characters? It would just be an endless thing. And it would be a very different experience. And the reason I would say it would be horrible for her is because every decision she would make would be terribly questioned.

As opposed to what used to happen where a creator would do something and that person’s creations would be considered “cannon.” In other words you would receive them. You wouldn’t question them or feel entitled to have a conversation with them. You would receive them the way we received Lord of the Rings or the way we received George R. R. Martin’s books, or the way we received the original Star Wars.

Now as things on go, it is no longer considered a receiving. It is considered a conversation. So when something new comes along, like the new Star Wars, it’s considered a conversation. Marvel movies are all based on old characters that have thousands of comics behind them. They don’t give us new ones. They just keep giving us old ones. And so they stay within the cannon that exists. These new movies are tellings of stories that have been around for a long time. Infinity War, that whole storyline has been around for a while.

So they’re weirdly not breaking new ground. The only times that they get in trouble is when they try and cast away from what the comics were, which created a huge problem with Doctor Strange.

In the case of what we’re seeing I think with Sherlock, again, they sort of remade a thing. They made it new. So it’s modern day London Sherlock and therefore people were entitled to have a conversation with it. And I think more than anything it is about the time you start something. And unfortunately if you start something now, that’s the world you live in.

John: Probably so. On the sixth or seventh episode of Launch, I guess it’s the seventh episode, we had Tomi Adeyemi on. And her new book, Children of Blood and Bone, is a bestseller. And so it’s the first of a three-book series. And I am fascinated to follow up with her to see now that the book has done so well and the second book comes out what the nature of her fan relationship becomes. Because right now people love the books. They love her. She’s fantastic. She’s exactly the right vessel for this book, but what’s going to happen when she makes tough choices in book two and things don’t go the way that people had expected. What happens in book three? What is the pressure as a movie comes out? It’s going to be fascinating to see what it’s like because your proposition that essentially any piece of popular culture you make right now that has a fan base behind it is going to face these pressures, she’s ground zero for that.

Craig: Yeah. And it’s terrifying because you cannot actually function as an artist if you are responding to the conversation. It’s just not possible. Well, you can, but you won’t do a very good job. The people out there will destroy that which they love. If you ignore the conversation entirely you just have to be ready to know that you’re going to get beaten around the head and face for a bit from now time to time.

A good example is Dan and Dave who do Game of Thrones got an enormous amount of grief in season, I guess we’ve just seen season seven, so season six I think – maybe season five – somewhere in there Sansa ends up getting married to, what was that guy’s name? He’s so bad.

John: Yeah.

Craig: We’re practically – it’s so terrible that I can’t remember his name. Anyway, that guy. She’s married to that awful, awful guy. And then they had a scene where it was just this very hard to watch, drawn out, difficult rape scene. And the show had already dallied in rape scenes a number of times. This one really sent people into a very bad place because it wasn’t in the books. This was something that they had invented. They didn’t take it from George R. R. Martin. And everyone felt it was just gratuitous and brutal to do to this character that they loved.

And then by extension Dan and Dave were misogynists. They were sick. They were A-holes. They didn’t understand – they were part of rape culture. Etc.

The next season they get the revenge and Sansa watches as Ramsay is ripped apart by his own dogs and everybody loved it, including I think all the people that had complained. And one of the reasons they loved it so much is because his brutal death had been earned by his brutal acts.

Sometimes we just have to be patient. Sometimes characters must suffer. Sometimes in really challenging art they suffer and do not survive. And people seem to not be accepting of this when they are engaged in conversation with the author.

John: Yeah. So to wrap this up, let’s go back and imagine The Empire Strikes Back, and let’s imagine that the Empire Strikes Back comes out now, so there already was a Star Wars. Now Empire Strikes Back comes out. It’s the same movie. Same incredibly great quality movie. But you end that movie with Han Solo frozen in carbonite. What is the fan reaction? How dare you take away my Han Solo? How dare you imprison him? Basically that sense of you don’t know what you’re doing. You’re getting rid of the best character of it all. You’ve made this fundamental change in the nature of Luke and Leia’s relationship. And you’re going to make us wait years to find out what happens next.

Craig: I think that people probably would have approached that the way that many people are approaching the end of the current Avengers movie which is to say, “Not really dead,” and in both instances I suspect, certainly in one different correct, and the other one almost certainly correct. But I think they would have had a huge problem with Luke being weak. They would have had a problem with Yoda. I’m sorry, a Jedi master is a stupid puppet, so now for kids we’re just doing dumb hand puppets. That would have been a meme within four seconds. They would have just absolutely trashed Yoda today.

John: Well, also he has Grover’s voice.

Craig: Exactly. So it’s Grover or it’s Miss Piggy. So, I’m sorry, the most powerful Jedi in the world is Miss Piggy? They would have made fun of that. They would have gone after that. And I think, let’s see what else, Lando, who is this guy? Social justice warriors obviously are demanding that the Colt 45 guy being in Empire Strikes – there just would have been racist stuff. It’s all the things that are just predictable. It’s the same thing every time.

And then for the third movie on the far left people would have been accusing it of being imperialist because it’s talking about white saviors and exploiting the native people of a jungle climate for themselves. You know. It would have been the thing. And we can all write that script. And it’s dispiriting because that’s how you know we can’t go on like this because it can all just be written ahead of time. Nothing will survive the crucible of these extremes on either side. Nothing. There is not art that can survive it except bland art.

John: We don’t want bland art.

Craig: No.

John: No, we want great, vital art.

Craig: Yeah. And you know what? I don’t mind mistakes. I also don’t mind bad movies. Just do them honestly. And so with the case of Rian’s Star Wars movie, I really like that movie a lot and it’s just so bizarre that it is a discussion involving politics. It’s Star Wars for god’s sakes. It takes place in a galaxy far, far away a long, long time ago. What the hell?

John: Frustrating. OK, last bit of new news. This past week the WGA announced a new deal with Apple. So Apple is moving into creating original programs. They have not announced the name of this service or sort of how the service is going to work, but they’ve started making shows and so they need to make a deal with the WGA to cover the writers on those shows. Some shows that Apple is doing are through a studio, like a Paramount, or a Disney, or some other place. Some of the shows they are doing are directly for Apple. And the so the WGA made a deal for those shows which Apple is doing directly. And the deal is better than it could have been.

There’s basically two ways these kind of deals work these days. There’s the deal we have with places like Netflix which are subscription based. And there’s places like Crackle, was the example, things that are free to people to watch those shows, and those deals tend to be terrible.

So, the good news is that the deal with Apple if Apple ends up making a free service, free to consumer service, it will be better than that deal which is a good sign because there will be things like minimums for writers to be paid, residuals, other good stuff along the way.

Craig: Credit protections I presume?

John: Credit protections, yes. So it’s a decent WGA deal by most measures.

Craig: And I think that in time these will become the deals. It seems all inevitable. I don’t know what the specific numbers are on these deals. But I don’t know if any of us have any clue what our contracts or our compensation would be on our initial self-negotiated compensation will be in, I don’t know, ten years. I don’t think we have any clue whatsoever. I mean, ten years ago it was 2008 and the iPhone came out in–

John: 2006 I believe. We’re past the tenth anniversary.

Craig: We’re just past it, right? So that’s how much has changed in ten years. So ten years from now, good lord, right? I mean, it’s going to be unrecognizable.

So, yeah, first generation iPhone was 2007. So, we have to keep doing what we’re doing here I think which is just sort of piecemeal-ing these things and going along. But there will be a reckoning.

John: For sure.

Craig: The reckoning will come. And here’s what’s interesting: when that reckoning does come, it will not come against our usual foes. You know, to strike a company that does nothing but exploit the work that we do is an interesting probability. It’s self-destructive but also other-destructive. To strike Apple, uh, OK.

John: Nope.

Craig: Good luck.

John: It is a challenging thing. So, I mean, the programming that Apple makes will be a very small percentage of the income for Apple overall, or maybe actually it will make no income for Apple, but they’ll be used – if it’s a free service – perhaps they will use the programming they make to sell Apple TVs, or iPads, and other things. So, you know, if we say, no, we’re not going to write your stuff, it’s like, well, it doesn’t sort of matter so much for them.

Craig: Yeah. I don’t think they’re actually running any of these shows in a sense to get people excited about a show. I honestly think they’re doing this just to hurt each other at this point. I don’t even know if Apple knows why they’re doing this beyond, “Well, why let Netflix be the only people that does a thing. That just sounds dangerous to us. And we literally have $80 billion sitting around. So let’s spend a little bit of it just to make it competitive. We’re not even sure why.”

Well, that’s a tough employer to negotiate with.

John: Yeah, but right now if they’re going to spend that money on us, as writers, that’s fantastic.

Craig: Yeah.

John: And what we should stipulate is that it’s not like people who are writing these shows these people weren’t getting paid or individually they might be able to get some good things in their contracts. The challenge is that that showrunner might get a really good contract, but it’s very hard to get a good contract for that staff writer on that show because there are no minimums. And so a union has to negotiate the minimums that any writer is going to get paid. And without that it’s just all the way to the bottom. And that’s what happened with Crackle.

Craig: Is there pension and health involved?

John: I believe there’s pension and health. I have not seen the final deal. I just know that there was a push to get good coverage on the whole shebang.

Craig: I mean, that’s really important.

John: Oh my god, pension and health is so crucial.

Craig: That’s kind of the reason we’re here.

John: If you talk to folks who work in animation, who write for animation, pension and health can be a huge deal, because there’s coverage sometimes through the animation guild, but if you’re working on some WGA projects, some non-WGA projects, it will be hard to keep your health together. So, it’s tough.

Craig: Yep.

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

Craig: All right.

John: We’ll start with Evan in Philadelphia who writes, “I’m a former comic book author and in comics we call the space between the panels the gutters. The gutters are almost as important as what you see in the panels because your brain is actively filling in all those blanks as you move from panel to panel. Scott McCloud has a book called Understanding Comics for an excellent explanation. Do you ever think about the time that passes in between scenes of a script and what your characters are learning, changing, what’s happening to them, etc., in these interstitial spaces and cuts?” Craig?

Craig: Evan, that’s a fantastic question and a great observation. It’s a really interesting analogy. Absolutely. It’s not just something that I – do I ever think about it – I always think about it. The design of scenes from one scene to another, we talk about a lot of times when we’re reading scripts we want to feel compelled through. We want it to seem seamless. And so much of that is about designing the end of a scene and the beginning of another to acknowledge something is happening. And that’s how you can figure out what you don’t need to show.

A lot of times you’ll hear very broad-based advice like “Start your scene later than you thought you needed to, and end it sooner than you thought you needed to.” Well, that’s really referring to this interstitial phenomenon where we can fill things in. But you have to know what those things are. That’s the most important thing. And therefore you have to be thinking about what they are. And then rather than sort of saying, oh you know, hmm, I wonder what could go in this space, figure out what should be there first before you start thinking about what comes after. So I’m constantly thinking about all this. And for actors, one of the classic bits of acting instruction is the moment before. A scene begins, but what were you doing before it? Otherwise it just seems like you’re one of the hosts in Westworld that gets switched on, you know?

John: Yeah. Exactly. So that common advice, like starting a scene as late as possible, ending a scene, I always think about it as a scene ends and it needs to have a little bit of forward momentum. That’s why it’s sort of slanting into the next scene. You’re tipping that energy across the cut into the next scene.

But you’re also always mindful of what had to happen beforehand. And it’s really not you as the author who is filling in those details. It is the audience. So you have to think about expectation. What is the audience expecting to happen next? Or when they see that first shot of the new scene, what are they doing to expect happened that go them there? And if you can do that math in your head you can very often skip over a lot of things that people will just see what it is that they’re doing next.

When it comes time for direction, really literally like moving left to right across the frame versus right to left across the frame, our brains do stuff to fill in the things that we missed based on the way the camera is moving, the way the characters are moving through the scene. You do that work to figure out sort of what must have happened right before this moment and what’s going to happen next.

So, yes. And I think gutters is actually a really interesting way of thinking about those missing scenes, those missing connection pieces that we use all the time in screenwriting.

Craig: Yeah. That’s a great question. I love that. And we talked about this sort of from a different angle when we discussed transitions. We talk about it a lot when we do our Three Page Challenges because sometimes those things feel like they’re not there.

You know, it occurs to me that when people ask what do you need to become a professional screenwriter and work steadily we always say, look, talent, hard work. But talent in what? Vocabulary? Sentence structure? We’ll talk a lot about dialogue, so an ear for dialogue. Things like that. But I suspect that one of the most important talents that we don’t really talk about is what psychologists call mind reading. There’s this aspect of social communication that’s essentially mind reading where we’re trying to figure out what the other person is thinking. And then we shape our comments or thoughts to achieve a change in their thinking state.

The game of charades is just mind reading in that sense writ large, because you’re trying to figure out what someone is thinking. And when we’re writing we’re always trying to think about what our characters are thinking, how they can change what the other person is thinking. How much they’ve picked up on what the other person is thinking. And then in a meta sense, we are in a relationship with the audience where we’re trying to figure out what the audience will be thinking. So that’s predictive mind reading.

These things if you were bad at are going to limit you as a screenwriter. And possibly disqualify you as a screenwriter. It’s a talent that I don’t think anybody really talks about in film school, but it’s a huge part of this.

John: Yeah. And so when you’re getting feedback from somebody and they say like I was confused by this moment, I didn’t understand what this character was trying to do, really you’re discussing a breakdown in that mind-reading. You had not read their mind properly and they couldn’t figure out what was happening next, or where you were trying to lead them. When they talk about like “I kind of lost faith in it, I lost faith in where the story was going,” that’s again a breakdown of this mind-reading about what you’re trying to do and what those characters are trying to do next.

We can’t see inside their heads. We just don’t know what we’re watching.

Craig: Yeah. And none of us are 100% at it. Of course. We all make mistakes. But generally speaking you want to be more right than wrong with that sort of thing.

All right, well we’ve got another question for Miranda in LA. And she asks, “I have a question that NDAs, that’s non-disclosure agreements, and parting ways with an employer with whom you are working on an idea.” And I really like that you said with whom. “Here’s my scenario. For a while I worked as a writer’s assistant to an established screenwriter.” John, I’m already telling you my butt is clenching. OK. My butt is clenching.

“I had developed a concept for a show that needed a plot. Through the course of my work my employer said something that gave me an idea for the story and I ended up with a cool pitch for a show. I wrote up an outline, we talked about it once, and then I was let go a couple of weeks later.

“I’d like to pursue the project, but not with my former employer. I signed an NDA that grants ownership to everything I came up with to my former employer.” That’s not what an NDA does. “Does that mean I can’t work on this project without them or their permission? Or can I use my original concept and take out anything that relates to my former employer’s idea”

Oh. Good. Lord.

John: Oh. Good. Lord. So, first off, we will say that an NDA does not strictly mean that there’s ownership of ideas, but you could have signed something that including NDA language and included that all things discussed as part of work belong to your employer. Without seeing your contract I don’t know. So we cannot give you great legal advice here. And we’re not lawyers anyway, so we wouldn’t be able to give you great legal advice.

What I will say is as a person who has had a number of assistants who have gone on to have great careers, I’ve always had those kind of discussions about the things they were writing and I’ve offered them advice and they’ve gone off and they’ve done stuff. That kind of discussion should be encouraged and is part of the process. So, I hope your boss is not listening to this podcast saying like, “Oh, I know exactly who Miranda is and I’m going to get that idea back because that is a terrible person.” That is not what a screenwriter should be doing.

Craig: Yeah. We would destroy that person.

John: We would absolutely destroy this person. So that sense of like I have this story world, I’m working on this plot, I had those same conversations with assistants over games of pool and, you know, watching Martha Stewart, and all sorts of other discussions I have now with Megan all the time. And so this is not a thing that is unusual.

I would say it’s a little bit unusual that you signed this contract going in. I don’t know many writers who are having their assistants do that. But my instinct is you should feel free to pursue your idea that is your idea. But I would say just look through that thing you singed to make sure it doesn’t say that anything you ever brought up in the office is theirs.

Craig: Yeah. Certainly have somebody review that and have the discussion with them and just say, look, I’d love to do this and is it OK if I just go off and do that please?

Just a little tip. If you do review your agreement and it is – so non-disclosure agreement basically says you can’t talk about any of the stuff that we do here with other people. Right? So it’s pretty normal. If John and I are working on a screenplay that’s something that’s confidential in almost every case. So, we don’t want our assistant tweeting about it, right? Standard NDA sort of thing.

But then there’s this other agreement where you’re essentially saying anything that you think or say belongs to me. It’s my property. It’s considered a work-for-hire. Therefore the copyright is mine. If anyone asks you to sign something like that it has to be basically a company. And I don’t mean like just some random company. I mean like a studio-type company.

So, if say I wanted to talk to some scientist for Chernobyl, just interview him and get some information, he said, “You know what, I’ll write down some things for you and send them,” and I go, oh, if you’re going to write anything down and send it to me you need to sign this thing that basically says HBO now owns what you just said in this piece of paper because we’re not saying, “Oh, we’re looking for people to write a scene or anything. That’s not what we do. We’re just looking for some research or advice.” And as long as then they’re OK with that that’s the document they would sign with a company like HBO or a studio like Paramount, or Warner Bros., or anything. That’s pretty normal.

But if some person asks you to sign that, that’s an alarm bell. It’s a massive alarm bell. So, I think Miranda what you need to do is find yourself an attorney. Talk to them. And then assuming that that person gives you the thumbs up, reach out to your former employer and say I’d like to do this. Would that be OK with you?

John: Yeah. And hopefully it should be OK. And if the guy says no–

Craig: We’ll destroy him.

John: That was a bad guy. Yes, tell us what his name was and we’ll go after him.

The last thing I want to say is I think there’s understandable concern about NDAs overall and NDAs that are used to protect people from being called out on bad behavior.

Craig: Crime.

John: Crime. And creepiness. And so NDAs cannot and should not be used to protect people from doing terrible – certainly criminal things but also just bad things. And so I want us to always shine a spotlight on NDA abuse.

Craig: I agree. And so eventually there will be some sort of legislation with a different congress that will attempt to address this. And I think it could also be a state-by-state thing.

John: Yeah. California could totally do this.

Craig: California could do this. There is a weird thing that also happens where NDAs start to protect what I would call reluctant whistle-blowers. So people will say I have a whistle I could blow but I can’t because of my NDA. Well, I think you can. I think you can. I think you don’t want to. So, it’s a weird – it’s a whole weird thing. Anyway.

John: It’s a whole weird thing. All right, Dan has a question. He asks, “How do big production companies like Bad Robot work? They get a deal from a studio and that funds the company and the development of shows and movies? What’s the corporate structure like? When JJ is paid does it go to the production company and he just takes a salary? Speaking as a company owner, why would JJ want to deal with the business-running stuff? Wouldn’t he just work as a freelancer? What happens to the company if he’s off directing for six months? It would seem that the revenue that people like JJ would make as a company is insanely profitable. So, anyway, I don’t mean to pick on JJ, but I was just thinking of him as an example.”

So, Bad Robot is a company that makes Mission: Impossible movies, they make Westworld, they make other JJ Abrams movies. Like they make Star Trek. And so I’ve gone into meeting with them. I’ve never written anything for them. But they have really nice offices out in Santa Monica. They have a lot of people who work there and they’re really smart, great people. So they are busy doing stuff. Their deal is with Paramount, but they’re always doing other things. They just started a videogame company as well.

So, Craig, why do you not have a Bad Robot?

Craig: Well, no one has asked me to have a Bad Robot. I think that the prerequisite for these things is television. So, people think of JJ as a movie guy. He’s actually a TV guy. He came out of TV. And when you come out of TV and you’re making a few hit shows then there’s a massive revenue stream.

So earlier this week, Dan, there was a news story about Greg Berlanti who is an incredibly prolific television producer with Warner Bros. And they just made him I think it’s a 10-year deal for $400 million. That’s guaranteed $400 million. And then it goes up from there. And the reason why is he has 14 shows on the air apparently, which is insane. And so this is really a television empire business. And this has always been around.

There have always been these little mini studios that were mini studios making television. So, Chuck Lorre has a little mini studio. Back in the day Stephen J. Cannell who would make a lot of the action programs that John and I grew up watching, he had a little mini studio.

John: You had MTM.

Craig: MTM. And John Wells had a mini studio. So these have always been around. And now we have this crossover where they’re making television and also big movie franchises. So how does it work? Basically, yes, the studio will make a large deal with that business. They will guarantee them a certain amount of money. That money is used to cover overhead and employees. There’s almost always somebody other than the principal creative, which in this case is JJ, who is helping to run the business, like a principal business runner.

And then sub-business runners underneath. JJ and the company are paid as producers. JJ is then also paid individually as a writer. JJ is also paid individually as a director. So he has three different streams of income. And typically the production company is making a fee off of everything it produces and then that fee is either applied against, or in really great cases not applied against a backend percentage of profits or gross, depending on how good your deal is.

So the question is why would JJ want to deal with all the business-running stuff? Well, he’s not sitting there signing certificates for office insurance and handling human resources. There are people that do that for him. But he’s of the mindset of that. That’s what he likes to do. Same with Simon Kinberg. They like this kind of I make things but I also overlord things.

Our friend Chris Morgan has a – I mean, it’s smaller than JJ’s thing, but it is a similar kind of thing. I don’t have an interest in it. I like doing what I do. I mean, I suppose maybe one day, but I don’t want a building with a lot of people in it. I don’t want human resources. I don’t want development people. I don’t want it. I like my office. It’s me and then it’s Jacqueline Lesco who is my associate, who is sort of my editor, and it’s the two of us. And it’s wonderfully quiet. And I love it. So, I think maybe it’s a question of ambition. It’s basically is there a desire for you to do this and do you have the ambition to do it.

John: Yep. That’s really what it is. A talent, and a vision, and an ambition to do all those things. And I would hope that I have talent and that I have vision, but I do not have the ambition to have this massive company. And the overhead, the emotional overhead, of having all of those employees.

So I’ve got four. And four is plenty. Four is a lot for me. And so I’ve got Megan. I’ve got Nima. And I’ve got Dustin. And we make stuff. And that’s great, but really mostly my software company. Megan helps me out with my writing stuff — I am working as a freelance writer. I’m not working as some big production company entity.

I don’t want to have to go to some other office every day. I don’t want all that feeling. And so even though JJ Abrams would have really smart people to do all that stuff, and even though he gets to participate in lots of other projects because his company is making 30 things, that’s exciting. But he also has to participate in some of those projects. And I’m sure it is challenging when he goes off and directs a Star Wars movie in London for all the other stuff to get done. And that’s going to be the same challenge with Greg Berlanti running 14 shows, or Chris Morgan with Fast and the Furious, plus other franchises. But that’s a choice they’ve chosen to make and that’s great. But it’s just not a choice that I would want to make.

Craig: No. Not at all. And Spielberg has been doing this sort of thing forever. So he has his own at Amblin and then DreamWorks and then back to Amblin again. But then he does his own movies. And so, yeah, it’s really just a question of desire and scope.

Yeah, and by the way, even for Greg Berlanti. So he does most of the television shows, but then he does Love, Simon. Right?

John: Yeah.

Craig: I think that’s part of it also is that you like doing different things and you don’t mind never being at home. That must be a part of it. It seems like a very busy life.

Let’s get this last one in here. Alex in LA. Who knows, maybe we’ll get more than one more in. Alex in LA – I get all the LA people. He writes, “Recently,” or it could be she, writes, “Recently after years of struggle I finally made my first big spec sale.” Yay.

“While the sale is great, what I really want is to have a long and sustained career and not just be a one-hit-wonder. So my question is what can I expect to happen next and how can I maximize my opportunities when I’m in that rare moment where I actually have a nice Deadline write up and a little career heat? What are the traps to look out for?

“For context, I’ve had some minor successes before and I’ve even been on the bottle water tour when a previous script of mine got a lot of attention, but sadly no sale. So I’m not a complete newbie at this, but I’d like to know what happens when you move past the level of general meetings at random production companies and into higher levels of the industry.”

All right, John, we’ve got a new kid. What do you tell ‘em?

John: All right, so first Alex congratulations. I would say here are some priorities for you. Priority number one: let’s get that script made. So having sold a script is fantastic. Having a script actually produced and a movie is out is much, much better. So if there’s anything you can do to get this movie made, I say do those things to get that movie made.

So that is taking the notes, trying to make those notes actually work. Always asking about the next step. Always asking how are we going to get a director. What are the things that are happening next? Try to make that thing actually become a movie and not just one thing that you sold. So, great that you sold it, let’s make that a movie would be my first thing.

Second priority I would say let’s get you another job. Let’s get you writing something else. So, that could be a pitch that you’ve gone out with, that you’ve set up, that you’re going to be writing. It could be an assignment for something to write, a preexisting piece of material. It probably won’t be a rewrite if it’s so early in your career, but it could be a rewrite. But getting you as a person who gets hired and not just a person who has sold something is great.

Third I would say maybe you need to staff on a TV show. That’s not advice I would have given ten years ago, but I think most writers are working in television right now. And so if there’s a TV show that you could be staffed on I would look at staffing on that TV show, especially if your script is a perfect example of something out there. Maybe try to staff on a show, even like a short-run show for Apple. An eight-episode Apple show would be great experience for you and get you more scripts under your belt.

Craig: All fantastic. I’m not sure what I could possibly add to that other than you should continue to be concerned that this will end tomorrow, because that’s kind of the way it works. The trend is to get rid of you. You are a new infection in the body of Hollywood. It will try and get rid of you. The good news is eventually it will stop trying to get rid of you and then you will start to try and get rid of it and you won’t be able to. But that’s a long way to go.

So, get the next job. Get. The. Next. Job. Go out there swinging at as many things as you can to get that next job, to keep working. Nothing is sexier than a writer who is unavailable. And it’s a shame, because it has nothing to do with our abilities, but being unavailable is the thing that makes people excited about you because that means somebody else likes you, which means you’re likeable. That’s the mess of it all.

So, yeah, stay ambitious man.

John: Alex, you’re going to be very busy because you’re going to be rewriting your script that you sold. You’re going to be going out and pitching on a bunch of things which means you’re really going to be doing the internal writing of all these different projects. You’re going to be figuring out how you’re going to tackle these projects.

Plus, you’re going to be writing new stuff for yourself because where I do see writers who have sold that one thing who never sell another thing it’s because they never really wrote another thing. They just went out and tried to get that first movie made or try to get a deal and they never wrote something else new.

So, you’ve got to do all three things, which seems crazy because you worked so hard to get to this point, but you’re now going to be probably working a lot harder.

Craig: Yeah. And you’re going to have to assume that there are going to be some swings and misses along the way.

John: Oh yeah.

Craig: You may also work on something that doesn’t work out and you get fired off of it and then, you know, OK, well you’re going to have to deal with that fallout or whatever. But it won’t be your problem because you’ve already got the next thing lined up. So actually now is when you have to work harder than you’ve ever worked before. And you should enjoy and be proud of the moment, but I think honestly Alex your questions are implying the right mindset.

John: 100% agree. All right, let’s save that last question for next week and instead go to our One Cool Things. So, my One Cool Thing is an article by Avi Selk for the Washington Post called The Worst Sex in the World is Anglerfish Sex, and Now There’s Finally Video.

So, anglerfish are those things you’ve seen in cartoons. They’re these monstrous sort of Precambrian Jurassic fish that have the little lantern dangling over their heads. They live deep, deep in the water. They’ve never seen sunlight. But there’s video now of this anglerfish and it’s a female anglerfish you find out because female anglerfish are the giant ones and male anglerfish are tiny, tiny little fish. And when males mate they bite into the female fish. Their teeth hold on basically forever and they basically become subsumed into the bigger fish.

The video is fantastic and disturbing. It looks alien. So I just encourage you to see it. I’ll actually put two different video links in there. One which simulates what it would look like if humans did this, which is so disturbing.

Craig: It’s the best. I’ve seen this, too. It’s awesome.

John: Yeah. So I love that we live in a world that has such incredibly freaky creatures out there. And while it seems like, “Oh, that poor male fish is dying to procreate,” it’s also very kind of smart mechanism. Because literally all of his DNA gets in there because he becomes part of the other fish. So he’s both a parasite and he’s eaten by it. It’s all interesting and it feels alien in a wonderful way.

Craig: Yeah. I got to say once you get past the mammal situation and you get into insects and reptiles and fish, women – I think they generally win the whole battle of the sexes. They seem to be winning. And violently in all sorts of fun ways, like biting the heads off their mate. You know, I always love those things. But, you know, I’m a praying mantis fan.

John: Well, if you think about it there’s a reason why women should win because essentially if the goal of reproduction is to pass along your genes, ultimately the women are going to be the ones who are going to give birth and raise the children in many cases. So there’s a reason why you’d want them to be stronger and survive.

Craig: Yeah. It really comes down to math from what I understand. It’s a question of how many eggs, you know, so mammals are basically we’re pregnant with one offspring at a time. And then when you’re in reptiles, fish, and insects they’re pregnant with a million offspring at times. So, like the math has a huge impact on whose head gets chopped off basically. It’s a real mess out there. Biology is brutal and doesn’t care about our feelings. Isn’t that terrible?

Well, I got all geeked out yesterday and watched two of the E3 press conferences. The one was the X-Box press conference and then the other one was the Bethesda press conference. And really I was just watching the Bethesda press conference to see if they would finally just say, OK, yes, there will be an Elder Scrolls 6. And they did. There’s going to be an Elder Scrolls 6. But not for like four years probably.

And one of the reasons why is because it’s going to be the game they work on after the next game they’re working on. And the next game that they’re working on is their first original franchise in 20 years or something. Because Fallout was actually based on something they had purchased from another company. And then they made it what it is.

But in any case Bethesda, my favorite game studio, has a new game that they are going to be putting out I think probably for the next generation platform, so my guess is 2020. And it’s called Starfield. And what we know about it is it’s in space. That’s it.

But I have a feeling if it is remotely like what we have all come to love from Bethesda games then even if it’s just Fallout in space, I’ll be thrilled.

John: That will be great.

Craig: So, anyway, Starfield is hopefully heading towards us in 2020. And then I’m thinking Elder Scrolls 6 in 2022? Then at that point if I get hit by the bus I’m OK.

John: Yeah. Hopefully there will still be a planet in 2022.

Craig: Well–

John: No guarantees in this world.

Craig: There’ll be something.

John: There’ll be something. Will there be humans? Yeah. There will still be a planet.

Craig: I’m optimistic.

John: All right, good. I like the optimism.

Craig: I don’t why. Because I’m stupid.

John: You’re not stupid, Craig. You’re smart and you’re wise and you have umbrage for only the right things.

Craig: Thank you.

John: That’s our show for this week. Our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Jeff Mooney. 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 like the ones we answered today. But Craig and I are always delighted to answer your questions on Twitter. Craig is @clmazin. I am @johnaugust.

You can find us on Apple Podcasts. Just search for Scriptnotes. While you’re there, leave us a comment. That helps people find the show.

You can find the show notes for this episode and all episodes, plus links and such at johnaugust.com. You’ll also find transcripts. They go up the week after the episode goes out.

You can find all the back episodes at Scriptnotes.net. Last episode I proposed that we may end up doing a digital version of the USB drives down the road. We’re thinking through that. We still have a few of the existing USB drives if you’d like one of those. But they may be the last of their kind. So, we may end up going to a fully digital version. And let people download them in chunks or maybe batches of 100 so they can live on with–

Craig: I think that’s smart.

John: Yeah. It’s really the international users are really facing – sometimes the import fees on the USB drive which is hard to value.

Craig: Yeah, you know what, and then they have to pay those taxes that end up coming back to us as foreign levy fees.

John: Yep. Crazy.

Craig: That part’s nice. I finally get–

John: Actually that’s true. Craig is referring to writers get paid these foreign levy fees that are not residuals. They’re kind of like residuals but they’re not residuals. The WGA handles it which is controversial. But it’s nice extra free found money because of Europe and other countries.

Craig: Thank you Europe and other countries.

John: It’s nice. Craig, thank you for this discussion which happened in Europe for me, Los Angeles for you. Lord knows where you’ll be next time we try to talk, but–

Craig: I know where I’ll be next time. In Europe. When you’ll be in the United States.

John: That’s what it is. We’re always – someone is always safe and out of the country when we’re doing this.

Craig: Yep.

John: Cool. Craig, thanks so much. Bye.

Craig: Thanks John. See you next time.

Links:

  • Coverfly’s response to accusations in a now-deleted blog post. Here’s a conversation on the Screenwriting Reddit page about it.
  • In 2015’s Episode 191 The Deal with Scripped.com, we invited John Rhodes from ScreenCraft and Guy Goldstein from WriterDuet to investigate a data management crisis with Scripped.com.
  • Toxic Fandom Is Killing ‘Star Wars’ by Marc Bernardin for the Hollywood Reporter
  • Slate’s Decoder Ring podcast covers the Johnlock Conspiracy.
  • Apple has made a deal with the WGA
  • Evan in Philadephia recommends Scott McCloud’s Understanding Comics: The Invisible Art for a great explanation of “gutters.”
  • JJ Abrams’ Bad Robot is an example of a big production company led by a creative.
  • The worst sex in the world is anglerfish sex, and now there’s finally video by Avi Selk for the Washington Post. This video’s upsetting animation shows what the process would look like for humans.
  • Bethesda’s Starfield has been announced
  • The Scriptnotes Listeners’ Guide!
  • The USB drives!
  • John August on Twitter
  • Craig Mazin on Twitter
  • John on Instagram
  • Find past episodes
  • Outro by Jeff Mooney (send us yours!)

Email us at ask@johnaugust.com

You can download the episode here.

Scriptnotes, Ep 354: Upgrade — Transcript

June 20, 2018 Scriptnotes Transcript

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

**Craig Mazin:** This podcast has a little bit of strong language in it because Leigh Whannell has potty mouth.

Hello, my name is Craig Mazin and this is Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast I’m flying solo. Good news for those of you that hate John, all one of you. John is actually off handling some press for the next Arlo Finch novel, I believe, because you know he’s a mystery. But no worries as today I am joined writer-producer-director-Australian-and-actor Leigh Whannell. I will be talking about his generally terrifying body of work as well as his latest film, Upgrade. He’ll also be helping me answer some listener questions.

But first we have a little bit of follow up. And we have no follow up. Follow up is done. Leigh Whannell, welcome to the show.

**Leigh Whannell:** Thanks for having me. Long-time listener, first-time caller. It’s great to be here. You like me. You really like me.

**Craig:** I do. I’ve always liked you. So we met at Austin, at the Austin Screenwriting Conference back like five years ago.

**Leigh:** 2013.

**Craig:** OK, that is five years ago.

**Leigh:** And I never knew that film festival existed. I got an invite to it and thought, oh yeah, sure, this is fun, Austin. And got there and realized it’s all about writers and writers are king at this festival. And it was like heaven. It was amazing. And, yeah, we had a little gang going.

**Craig:** We did. We had a gang. And I talked to them and you’re coming back, so we’ll get you back for more gang activity.

**Leigh:** Well, we were kind of roughing up other people at the festival. People were afraid of us.

**Craig:** Obviously screenwriters–

**Leigh:** Easy people to rough up.

**Craig:** And also we’re intimidating as a screenwriting gang.

**Leigh:** Kelly Marcel was probably the most intimidating member of the gang.

**Craig:** Yeah. Did you see Gangs of New York?

**Leigh:** Yes I did.

**Craig:** So there is that woman in the bar who would jump on people and bite their ears off. And then she had claws. That’s Kelly.

**Leigh:** Exactly.

**Craig:** So let’s talk a little bit about what was happening with you before we met in Austin. Sorry, we have a microphone in between us so we’ll keep tilting our heads to see each other.

**Leigh:** We’re playing tennis.

**Craig:** So you came on the scene in 2004.

**Leigh:** Yes.

**Craig:** At least here in the United States. We came to know of you in 2004 with Saw, which you wrote and starred in, along with director James Wan. And you created not only that long-lasting franchise, but you also created the Insidious franchise which my daughter, I have mentioned to you, is obsessed with.

**Leigh:** It’s a good sleepover movie, Insidious.

**Craig:** She is obsessed with Insidious, and one, and two, and three, and four. So, but running it down there’s Saw, there’s Saw 2 and Saw 3. There’s Dead Silence.

**Leigh:** Yes.

**Craig:** There’s Doggy Heaven.

**Leigh:** It’s a short film. Paid for by PlayStation. Sony PlayStation I believe.

**Craig:** Nice. PlayStation. You wrote Saw the videogame, of course. Then there’s Insidious. And there’s Insidious and Insidious and Insidious: The Last Key, which I feel like there’s going to be another key. I just suspect there’s another key.

**Leigh:** Exactly.

**Craig:** And now Upgrade. And that’s an incredible run. We’re looking at 14 years and, geez, like almost 14 movies, right?

**Leigh:** Yeah, there’s The Mule, and Cooties is in there. I have had a pretty lucky ratio in terms of scripts written to scripts produced. Yes, I definitely am aware of how fortunate I am in that regard. Thus far I’ve written movies that are fairly low budget which is one way to make them easy to get made.

**Craig:** Right.

**Leigh:** You know, you write something that’s going to cost $100 million you’re going to enter a world of pain.

**Craig:** Little tricky.

**Leigh:** It could go on for years.

**Craig:** That’s right.

**Leigh:** The one movie I did write that was quite expensive was kind of a kid’s film, like a fantasy adventure along the lines of Labyrinth. That has never been produced. That is the great white whale that sits in my drawer. It was optioned by an animation company. They had it for a few years. So I’ve dipped my toe in that world and then I always run back to the comforting arms of low budget filmmaking where we don’t talk about making movies. You make movies.

**Craig:** You just make movies.

**Leigh:** Yes.

**Craig:** And you are a full-fledged producer of these movies. I mean, you do have the benefit of not dealing with not only the reluctance of people to spend $100 million, but when people agree to spend $100 million I got news for you. It gets even worse.

**Leigh:** Really?

**Craig:** It can. They’re like, “Hey dummy, we’re giving you $100 million. We have thoughts.”

**Leigh:** “We have some ideas.”

**Craig:** Yeah. “We have theories.”

**Leigh:** Oh man.

**Craig:** “And things you have to do.”

**Leigh:** See, that’s got to be a special skillset amongst writers. Like I’ve obviously listened to your podcast a lot and I’ve heard you and John talking a lot about this industry of working writers who will be brought in to maybe work on a draft. That’s why you go and see a movie you see 12 names in the writing credits. You realize it has gone through it.

Like that is something that I’ve never gotten into, not so much because I think I’m above it or whatever, it’s just I always like the idea of the movie you write is the movie that gets made.

**Craig:** Sure.

**Leigh:** But I imagine there’s a whole world of pain. They probably pay you a little better than they do in the independent world, but there’s a whole world of pain in terms of like, “No, we’re thinking a different movie.” Or like, “Actually, we’re going to scrap your draft and move onto something else.”

**Craig:** There’s a tremendous world of pain. Imagine, if you would, an industry that’s like a bathroom. And you wake up and you are shackled to a toilet and some puppet is demanding that you, you know, stab your own eye out.

**Leigh:** Yes, OK.

**Craig:** It’s not that good. That’s better than–

**Leigh:** I like that you kept it familiar to me, so I can get the reference.

**Craig:** I’m just using the one example I think you might understand. And I want to get back to the bathroom, which I spend a lot of time in personally. By the way, your bathroom is part of our spoof in Scary Movie 4, which we loved.

**Leigh:** And I loved that too. Before I knew who you were–

**Craig:** Thank you very much.

**Leigh:** I was like I have made it.

**Craig:** By the way, we only spoof what we love. That is true.

**Leigh:** This was the one with Shaq.

**Craig:** That’s right.

**Leigh:** Playing the Cary Elwes role.

**Craig:** Yes. And Dr. Phil.

**Leigh:** Dr. Phil! And then Shaq cut off the wrong foot.

**Craig:** Yeah. He cut off the wrong foot.

**Leigh:** See, that’s genius.

**Craig:** That was one of our better–

**Leigh:** That and The Sopranos were the two times where I was like, “Oh yeah, we’re in the culture.”

**Craig:** It’s a real thing. I still get residual checks for being the voice of our puppet.

**Leigh:** Nice.

**Craig:** Like I get $2.

**Leigh:** What you’re saying is that I’ve put food in your children’s mouths.

**Craig:** Snacks.

**Leigh:** Some of those sort of healthy kale snacks that you try and disguise as fun snacks, or chips?

**Craig:** Exactly. Yeah. So about $3 or $4 a year on residuals for that one.

So, when I saw – so I had to watch Saw very carefully and multiple times over and over. And I was grateful that I enjoyed it, because nothing is worse than – but it seemed to me that something happened around then, and I want to give you my non-horror guy’s view of the horror movie business. And tell me where I’m wrong about this or where I might be right.

My sense of things is that in the ‘70s horror got really edgy, like it started going way out there towards like – and the point was like how close to X or X can we be. And you had – so The Exorcist, which still the scariest movie I’ve ever seen in my life, had things in it that today I don’t think you could do. I mean–

**Leigh:** Not without being sort of relegated to some out of reach of the genre ghetto.

**Craig:** Correct. I mean, it’s just like intense crazy stuff. And then movies went from there and were like, “Oh, no, I’ll show you intense.” But then in the ‘80s with the rise of VHS this other thing happened where – so I would go to the video store and I would see a wall of tapes of just pun-based names. And most of the movies seemed to be kind of pushing forward either their version of Texas Chainsaw Massacre, but kind of goofy. Or their version of Freddy but kind of goofy. I mean, Freddy started getting goofy.

So there was that kind of. And then in the ‘90s it was just like sort of gone. Like people went, “Remember horror movies?” And then you guys came along. And I feel like Saw started this era of new horror that has just exploded beyond anything I think has ever existed before in film history.

Right or wrong?

**Leigh:** I would say right. For a self-described non-horror person you kind of nailed it. I mean, I feel like horror was always seen as this bargain basement genre. You know, if you think about early Hollywood, the studios were making epics and musicals and war films. And then they would rush out these cheapies with Belo Lugosi and it was Dracula vs. The Mummy. So it was always thought of as a program. It was something to put on a double bill in some cheap theater and then it was the drive in era. And it never – it just never had that respect. It always dabbled occasionally with critical respect. Maybe you’d have a film like the Jacques Tourneur stuff where suddenly the critics were like, “Oh, this one is not so bad.” But mostly it lived in this ghetto.

Then in the ‘70s is where you suddenly had like marquee A-list directors making horror films like Friedkin and Kubrick. And for the first time horror was being seen through the lens of critical respect. The Exorcist was nominated for Best Picture for god’s sake.

It had this moment, but then you’re very right. Not to just repeat what you said, but I feel like what happened in the VHS era is that that bargain basement mentality took over because horror is cheap to make. It’s so budget-friendly.

**Craig:** Exactly.

**Leigh:** It’s hard to make a science fiction movie cheaply. It’s hard to make an action movie cheaply because fights and car chases by their very nature they’re not cheap. Crashing cars.

**Craig:** Comedies and horror.

**Leigh:** Exactly. Comedy and horror. You can crank them out. You put some guy in a vampire costume in the corner. It’s all on one set. You can do it. And so I think producers with a lack of resources and money have always gravitated to it as a grindhouse. And it has that built in audience.

The interesting thing about the horror genre is to horror fans the genre is the star.

**Craig:** Right.

**Leigh:** You don’t need a movie star.

**Craig:** Exactly.

**Leigh:** So all the way back to the ‘30s to today, if you’re talking some guy who is cranking them out in his office making low budget films, of course he’s going to lean horror. Because not only does he know he can get it done, but he knows that the audience will grab onto it. He doesn’t need Jennifer Lawrence.

**Craig:** Exactly.

**Leigh:** And so the VHS era I think was responsible for this slump. There was a real slump in horror. And it was weird in the ‘90s because that was kind of my era. I think Scream was kind of the high watermark of horror in the ‘90s.

**Craig:** Right. But the funny thing about Scream was it wasn’t duplicate-able. So the brilliance of Scream was what Kevin Williamson did commenting on the genre.

**Leigh:** He had to bring a ‘90s irony to the horror genre. He had to look at it through the lens of irony. He couldn’t do something at face value in the ‘90s.

**Craig:** That’s right. He had to essentially say look how silly this has all become.

**Leigh:** We were so ironic in the ‘90s.

**Craig:** God, we were. But also the brilliant move of putting then a non-ironic director in charge of it.

**Leigh:** Yes.

**Craig:** So the marriage of Kevin and Wes – by the way, I don’t know if you ever – did you ever spend time with Wes?

**Leigh:** I actually interviewed him once for a TV show I used to work on in Australia. And he came across as the most genial, nice guy ever.

**Craig:** Like the nicest. And just the last guy in the world you would expect to do–

**Leigh:** Exactly. But you know what? That happens continually in the horror genre. Like every person I meet is like, “Wow, I expected you to be some lunatic dressed like Marilyn Manson.” Everyone I know in the horror community in LA, they’re all so well-adjusted, nice. It almost is in direct contrast to the comedy scene where everyone is morose and depressed.

**Craig:** Terribly depressed.

**Leigh:** And they’re like supposed to make people laugh for a living. There’s some inversion happening there where the funny people are depressed and the horror people making depressing assaultive movies are super happy.

**Craig:** Super happy.

**Leigh:** It can’t be an accident. There must be something about the expulsion of that and the venting of getting that stuff on paper that lets you kind of be the sunny side of things. Whereas in comedy maybe it’s the opposite. It’s like I spend my whole day making people laugh. Don’t fucking tell me that I have to be nice right now.

**Craig:** Yeah. I think probably also you can’t really effectively make people laugh in a repeated way unless you’re miserable. Because that’s what comedy actually is. It’s a repudiation of reality. I mean, and what Kevin did. He loves horror, but also there was a part of him that was like this is ridiculous. Right?

**Leigh:** Yes.

**Craig:** So it’s that. But no one else could do it. Right? He did it.

**Leigh:** And they tried to do it, as with everything else in Hollywood.

**Craig:** Yeah, they copied.

**Leigh:** There came a little glut of copies that lasted a year or two.

**Craig:** Right. And then woo.

**Leigh:** But you know what happens with those trends, we see them all the time, not just in horror but just off the top of my head I’m thinking about a little Hollywood micro trend like body swap movies. The ‘80s. All of a sudden you’ve got Vice Versa. You’ve got Like Father Like Son. And what always happens, and what I love with the benefit of hindsight is when the dust settles a decade or two later you look back and there’s always one movie that stands the test of time. So no one remembers Vice Versa, but everyone still loves Big.

**Craig:** Right.

**Leigh:** And no one remembers Urban Legend – apologies to those horror fans listening right now who are like “I totally remember Urban Legend.” But in general no one remembers that. But Scream still holds up. If we were to put that movie on right now it’s still a great movie. And usually it’s the great ones that kick start a little trend. And like what happened with Saw was I felt like, you know, we made a cool little engine low budget movie. And then it kick-started this trend. And in a way I feel like James Wan and I were sort of retroactively blamed for inventing this torture porn. But a lot of the movies that came in Saw’s wake just weren’t very good movies.

**Craig:** I agree with you. It’s actually a great point. There was a genre that emerged out of Saw that isn’t what Saw is.

**Leigh:** It was a bit more extreme. It was pretty gory.

**Craig:** Well the point of Saw wasn’t like look how much torture I can apply. That wasn’t what was going on there. There was a lesson. Saw to me is more in common with Fincher’s The Game then it does with, I don’t know, whatever the torture porn movies are because I haven’t seen them.

**Leigh:** Yes. Exactly. Whatever.

**Craig:** But then what happens is people watch a movie and they take the wrong lesson, right? Which is you know what people love? Bathrooms and torture. So I’m going to make a movie called Rest Stop. It’s just bathrooms and torture.

**Leigh:** It happens all the time, doesn’t it? People will watch Clerks and producers will be like, “Ah, you know what people like? Cheap camera work and grungy dudes.” And it’s like, no, what they like is great humor and well-written comedy. “No, no, that’s not what they like.” And so you end up getting a glut of Clerks clones that don’t actually resemble that initial sort of thing.

**Craig:** Of course. Because they don’t know. And I always want to say to those people did you know that before Clerks came out? Because if you didn’t, then it’s not true.

**Leigh:** Exactly. Yeah, I mean, I will say that James and I at the time, we were so happy just to have made a film that people saw that none of this had an effect on us. We weren’t ashamed of that torture label because we were so busy celebrating. We were so busy being happy that somebody would let us make a movie.

**Craig:** Happy horror people.

**Leigh:** Yeah, happy horror people. And, you know, it’s funny. I grew up watching franchise horror movies. Every sleepover I ever went to from age 12 to 17 was like Halloween, Wishmaster…

**Craig:** Oh, Wishmaster.

**Leigh:** Candyman.

**Craig:** I’m kind of obsessed with the Wishmaster.

**Leigh:** Me too. Some of those ones that slipped through the net I love. I love Warlock with Julian Sands. That’s a VHS staple.

**Craig:** Oh my god. Warlock is amazing.

**Leigh:** It’s amazing, right?

**Craig:** Yeah.

**Leigh:** Carpenter’s run from 1980 to 1990 to me is flawless. Like even the films he made in that decade that weren’t great were super interesting. But, I mean, he did The Fog, The Thing, Big Trouble in Little China. It was crazy. And I grew up watching those movies. And so when Saw got turned into a franchise and they made Saw 8, 9, 10, 11, 12, I kind of looked at it with affection. Instead of being ashamed of it and being like, “Oh, this studio and these producers have sequelized our baby out of control,” I kind of was like, you know what, there’s some kid at a sleepover right now in some suburb who is watching Saw 4 and he’s loving it. And you know what, godspeed. Go with it. It’s fine.

And I can imagine your listeners saying, “Yeah, well, I bet you love the residual checks, too.” Sure! But the point is that creatively I wasn’t even that mad at it because I was like this is just–

**Craig:** It’s what happens.

**Leigh:** This is the Halloween of this era.

**Craig:** That’s right. It is. And it can go on and on. And you and I were talking before we started rolling, as they say, about how the success of a movie requires a little bit of time. There are movies that explode, people are obsessed with them in the moment, and then weirdly they’re just gone. There are Oscar winners that you’re like, “You win an Oscar,” and…

**Leigh:** I don’t want to know names, but I know the movies you’re talking about.

**Craig:** It’s like let us never speak of this movie again. And then these movies that maybe people look down on or whatever and then in ten or 15, or 20 years people come to you and say, “Oh, no, no, no, I’m obsessed with—“ Like for instance, the Wishmaster movies are not good movies. In a kind of I guess we’ll call it objective level.

**Leigh:** On a base level, right.

**Craig:** There’s mistakes. And there’s goofiness to it. But I’ll watch them because there’s something about the way the Wishmaster guy talks that makes me happy. Like why does he talk like this? I don’t know.

**Leigh:** It’s like the Leprechaun movies. I bet you’re a big fan of Leprechaun in the Hood.

**Craig:** Not that one.

**Leigh:** That’s the one.

**Craig:** Not that one.

**Leigh:** But, you know, that even happens to really good movies. I read an interview with John Carpenter. When The Thing came out it was shredded by critics. They hated it.

**Craig:** Hated it.

**Leigh:** And now it’s seen as a bona fide classic.

**Craig:** That’s right.

**Leigh:** And to me it’s a flawless movie, the survival horror. It had bad timing. It was released in the year of E.T. Everybody was like, “No, aliens are nice, you’re wrong about that.” And for some reason the critics shredded it. And if you look now at the reviews 20, 30 years later, they’re so reverent of that movie.

**Craig:** Well, of course. That’s the joke. The joke is – by the way, in that sense critics are just like producers.

**Leigh:** Right.

**Craig:** It’s easy to see after The Thing is a success that people love that The Thing is a success that people love.

**Leigh:** Exactly.

**Craig:** That’s not hard to do. And so these things do happen over time. But I want to ask you a little bit about the idea of sequels, because you did write two of the sequels to Saw. And you wrote all three of the sequels to Insidious, right?

**Leigh:** Yes. All of the Insidious.

**Craig:** So that’s three Saws, four Insidious. I know a little bit about writing sequels. It happens all the time to me. And I’m kind of curious. Comedy sequels are tough because comedy relies on a certain sort of freshness of premise. When you hear a joke that someone tells it’s funny. They tell it again five minutes later with a slight variation you’re like, “Why are you even talking?”

**Leigh:** Especially with a film like The Hangover where the premise itself was the star.

**Craig:** Kind of, right? It’s like what do you do?

**Leigh:** Guess what? They woke up in another room without knowing what was happening.

**Craig:** I mean, the theory was you can do an episode – it’s like episodes of James Bond. But that’s James Bond’s job. So you’re right. I mean, there’s a difference there. But with horror I feel like maybe sequels aren’t quite as challenging because the engine of fear doesn’t go away. It sort of finds a new person.

**Leigh:** Yeah. I think you’re right there. It’s one of the easier genres to sequelize. Especially since usually the bad guy is the star, so you just bring on the fresh crop. I mean, that’s how they make Nightmare on Elm Street movies. They go, hey guys, here’s the new class that I’m going to chop up.

**Craig:** He said in the trailer, “How sweet. Fresh meat.”

**Leigh:** Yes! Sweet fresh meat. That’s all it is, right? And that especially happened in the ‘80s. And I think as we were saying before that’s where horror really got its bad name by just repeating this trick.

So it is easier to write an installment, but the hard thing is to keep up quality. Like the law of diminishing returns I feel really applies with horror movies. And so with the Saw movies I wrote those first two sequels and I did the best job I could but I remember when I finished writing the third one I was like I’m kind of done here because I don’t have anything new to offer and I really feel like this is just work.

Whereas with the Insidious films I’ve tried to actually keep up the quality or I’ve made such a conscious decision to avoid the pitfalls of diminishing returns. I’ve tried to treat each new Insidious film like this is just an original that I’m writing that just happens to be connected to another movie. But sequels are funny because at a certain point you’re living your life right, you need to eat and earn money, so you’re like sequels are the one area, especially when you’re making independent films, where they pay you.

**Craig:** They pay you.

**Leigh:** They say we’ll pay you. You have this one chip on the board and, you know, fans or critics might come out and say, “Oh, he’s a sellout. He did all these Saw sequels.” And that’s their right to say that. And they shouldn’t have to think about those extraneous circumstances. But I’m living my life. And I’m like, you know what, it would be nice to be set up – I remember someone saying a quote to me once. Do one for the wallet, one for the soul. And so I would do a sequel and it would be like my yearly paycheck. And then I would go off and write two movies on spec. And I only could write those movies because I had done the sequel.

**Craig:** There is no selling out. There’s just you’re funding what you care about.

**Leigh:** Yeah. It is.

**Craig:** You’re funding what you care about.

**Leigh:** It is. It’s like this project you do–

**Craig:** The truth is that you can’t ignore the reality of, “Listen, you did an amazing job on Saw. Would you like to do another Saw?” You know what, no, I don’t do that. “OK, well we’re going to pay somebody else a lot of money to do that then.” Now somebody else is making a lot of – and also doing it wrong. Because you have your way.

**Leigh:** Right. I know what you mean. And, you know, an interesting thing happened with me also because I felt like I was learning on the job. The first Saw movie — I wrote the first draft when I was 23 and, I mean, obviously a different person than I am now. But I didn’t know anything. I read a screenplay book and I loved movies. But was completely unqualified to write one. And then it got made. And so James and I found ourselves in this situation of like being totally naïve. It wasn’t like I wrote 20 scripts and then did Saw.

A lot of people get their bad scripts out of the way before they start. And maybe someone listening right now is thinking like, “Oh god, woe is me. Your first movie got produced and it was a hit movie.” But it was an interesting situation to be in because it was very unexpected for us. And so when I wrote those Saw sequels I feel like I was learning the job. I was like hang on, so how do these things work? And obviously I haven’t stopped learning. Every screenplay that I write I’m still learning. But back then I was really like still getting it together.

So it’s been interesting to kind of look back at my resume to actually see the growth not just on paper but on film and go, “Ah.”

**Craig:** We learn on the job.

**Leigh:** You learn on the job. And James and I were both thrust into this thing of like, whoa, we’re on the scene with our first movie. It’s kind of like a band whose first album is a runaway hit and all of a sudden they don’t have years to build up their–

**Craig:** The terrifying sophomore slump. Like how do we match this?

**Leigh:** A band that toughs it out in small bars, by the time they have their hit album their skin is thick, they’ve learned a lot of lessons. We learned all our lessons at the cold place. Like for instance Dead Silence you mentioned. So what happened with Saw was we made this movie, it was a hit, and then as you know you do a little victory lap of Los Angeles. Sit in a lot of offices. A lot of people named Chad give you a Diet Coke. “Love your movie. My god.”

**Craig:** “Amazing movie. Visionaries.”

**Leigh:** “My assistant saw it. I haven’t seen it. But my god, he tells me it’s amazing.”

**Craig:** “But I’ve seen how much it made.”

**Leigh:** “I’ve seen how much it made.” And so we did all those meetings and we were having fun, like ooh, people are telling us we made a good film. And then we signed a deal with Universal and we made this movie Dead Silence. And that’s where we had this experience that you were talking about earlier of all the people – oh, but you have to incorporate our ideas.

And I feel like we learned a lot on the job. We made a movie that was bad and it wasn’t a hit movie. And neither James nor I are really proud of it. But when I look back I’m like thank god that movie happened so I learned what not to do.

**Craig:** Right.

**Leigh:** It kicked us up a few levels away from–

**Craig:** It has taken me, and I’ve been incredibly impervious to those lessons. But I’m slowly starting to learn them. Slowly starting to learn.

**Leigh:** It’s really tough to learn.

**Craig:** It is. They’re tough to learn. But it does seem to me that you have learned things because – so my daughter is a big Insidious fan. And we were watching, I can’t remember which one it was, I think it was maybe 3 where–

**Leigh:** It’s the one I directed.

**Craig:** The one you directed. Where somebody knocks on a door and she freaks out because it’s answering the question of something that happened in the movie prior where someone heard like a ghostly knock and it made them change.

**Leigh:** Oh yes, yes, yes.

**Craig:** So it seems to me that you in making the Insidious movies you maybe had a franchise in mind. I mean, when you started were you thinking big?

**Leigh:** No, not at all.

**Craig:** It just happened?

**Leigh:** Yeah. In fact any film I write – even to this day I’m always thinking in the back of my mind this is terrible. It’s not going to get made. No one is going to care. You’re a joke. Move back to Australia. And, you know, get a teaching job.

**Craig:** We’re going to get to that part of the podcast shortly. That’s where we conclude.

**Leigh:** We’ll get to the self-hate. Exactly.

And so I never think of sequels because I feel like planning a sequel even in my mind is an assumption of success that would anger the moviegoers. I don’t want to jinx the whole process. I’m way too superstitious. A lot of people said to James and I, back in the Saw days, they said, “Well you really left that first movie open didn’t you for a sequel?” And we would always say, “No, we literally closed the door.” The movie closed with a door being shut. And we thought that was a great closed ending, like a cool twist, cut to black, done.

**Craig:** That’s it.

**Leigh:** And the Monday after the movie came out, they didn’t wait very long. It might not have even been 12pm yet. The phone call came and we got a lesson in Hollywood commerce where the producers, god love them, they said, “All right, let’s start talking sequel.”

**Craig:** Yep.

**Leigh:** And we’re like, Huh? And they said, “Sequel. Well look at the numbers. We got to make another one.” And it kind of took us by surprise. I didn’t think the call would come on Monday. I thought there would be a few months of drinking Mai Tais.

**Craig:** Now it comes Friday night.

**Leigh:** Oh man!

**Craig:** Because they’ve gotten their box office stuff down to the point where sometimes it happens even before. Sometimes they’re looking at tracking and they go, “Oh, the movie is coming out in a month, but we should start talking about the sequel.”

**Leigh:** You know what’s interesting? You’re asking me this question the Monday after a movie I wrote and directed came out.

**Craig:** Which we’re getting to.

**Leigh:** Upgrade, yes. But all the tracking was not so good. But everyone was saying it’s OK. It’s a limited release. We’re not spending a lot of marketing. You can’t expect to.

And it’s been interesting to – all I want is for the tracking to be wrong. Not even for the sake of my movie. I just want the tracking people to be wrong.

**Craig:** It’s very often correct.

**Leigh:** I know. Frustratingly so.

**Craig:** Because humans are not unpredictable. I mean, yeah, but let’s talk a little bit about Upgrade. I want to lead into a lot of the creative things, but since you brought up the business aspect of it, my question is – and perhaps this is just Pollyannaish, but I don’t know, does it even matter? For movies that come out of this new horror model where they cost less than $5 million typically, as did Upgrade I believe?

**Leigh:** Yeah. Upgrade was around 5 American. But then we shot it in Australia, so you add some money to the gross with like tax rebates and exchange rates, etc. etc.

**Craig:** So I mean it’s in that zone. Very small budget. Who cares – I mean, yes, I would care in the sense of it would be amazing if it was one of those things where they put out–

**Leigh:** It was a Get Out or whatever.

**Craig:** Yeah. Get Out cost $3 million and it made $3 billion. OK, that’s amazing.

**Leigh:** And it was nominated for Best Picture.

**Craig:** And it’s nominated for Best Picture. It’s awesome.

**Leigh:** That wouldn’t be bad, would it Craig?

**Craig:** No. I don’t know what it’s like. But sure. I’m going to guess, no, it would not be bad.

**Leigh:** I’m going to guess it wouldn’t suck.

**Craig:** I’m going to guess that it would be OK. But it seems to me that at that budget level, and also with the way the horror community can function, who cares? Like, OK, whether it does this or that, we know that these movies are then discovered by people and take a life of their own on. So, I’m just kind of curious if that’s something that you have internalized or if the low budget horror business is as concerned with that opening weekend as the big movie business is?

**Leigh:** Well, look, I think the math of what Blumhouse does, this low budget horror filming, is it meant to be self-sustaining. You can make a movie for $3 million and if it only grosses $10 million you’re a hit.

**Craig:** You’re a hit.

**Leigh:** And that is Jason Blum’s model and to his credit he really sticks to that. He does not waver from it. He is not interested in making $30 to $40 million movies that need a star and everybody is crossing their fingers with a bottle of Xanax on the desk the weekend it comes out. He likes this model because he can make ten movies a year and if just one of them is a Get Out that movie pays for all the rest of them. Multiple times over.

**Craig:** That year and the next year and the next year.

**Leigh:** And the next year. So, he loves that. What it allows him to do is throw mud at the wall creatively. He can take a chance. Nobody would say to Jordan Peele, “Yes, comedy person, we’ll make your horror film.” It’s a crazy thing. Whereas Jason can.

**Craig:** Your race-based horror film.

**Leigh:** Yes. Exactly. And he had already been around town and everybody was like, no. Jason however is like, “Sure. Let’s do it.”

And so I think it does work well. I think for the filmmakers having seen what those movies can do – in fact, we’re living in a really weird time for movies. I mean, firstly they’re becoming so antiquated compared to like TV shows. You go to any dinner party in Los Angeles, the conversation is not what movie have you seen. It’s what are you watching?

**Craig:** Correct.

**Leigh:** TV is now the ruler. And you’re competing with so many other platforms that you weren’t – when Saw came out in 2004 it was movies and TV and a bit of gaming. Now you’re competing with people’s Snapchat accounts for their eyes. So movies are in a weird time. And it’s getting to a place where the only movies that get theatrically released are either mega budget superhero movies, or low budget horror movies.

**Craig:** I’ve noticed.

**Leigh:** Yeah. You’re either Get Out or Insidious, or you are The Avengers. And everything in between has now become an HBO series. So I think what happens is when you’re making one of those movies you’re hoping to be the Get Out. You aren’t satisfied with the nice little win. You’re going for the gold.

**Craig:** But I think you should be. I think you should be. I think that that becomes a dangerous game in and of itself. And in that game you start to see the seeds of destruction for the model. Because if Jason Blum were to start thinking that way he would start chasing. And kind of the system is, look, what happens is what happens.

**Leigh:** Right.

**Craig:** But if Get Out is the rare – I mean, it is rare – and it is sort of the, OK, it’s hard to do better than that, right?

**Leigh:** Right.

**Craig:** But there are these other definitions of success. Again, five years from now this may just take on this incredible life and, I mean, and it happens in comedy. Mike Judge, Office Space, right? So everyone has seen Office Space. Office Space is sort of for a generation it’s like Animal House. It’s just seen and it’s a touchstone and people quote it. It was a bomb.

**Leigh:** Bomb.

**Craig:** Not just a bomb. Like a smoking crater bomb joke. Like ”Oh my god, those idiots made a movie called Office Space, dumb-dumbs, and look who they put it in.”

**Leigh:** Yeah, exactly. Ron Livingston. And isn’t that – something happened during the video store era where movies would suddenly have this second shot at life. Same with Anchorman. When that came out it was like bomb.

**Craig:** Whiff.

**Leigh:** And then all of a sudden you look around and you’re like, wait, how come I know every line in Anchorman and so does everyone else around me?

**Craig:** Austin Powers.

**Leigh:** Yeah.

**Craig:** The first Austin Powers was a bomb.

**Leigh:** Really?

**Craig:** That movie cost like – I can’t remember what the numbers were. It was something like it cost $45 million and it made like $25 million. But then in video people became obsessed with it.

**Leigh:** And I’m wondering does that even happen as much anymore in the streaming version of things as it did in the video store era?

**Craig:** No, my guess is because there’s a lot less money involved. But now what happens is Netflix may see, OK, well these people are complaining that their Adam Sandler movie costs this much money to make and it only made this much theatrically. But what we know is our viewing base loves Adam Sandler. And they’re obsessed with Adam Sandler. They watch it a billion times over. We don’t send a lot of money over apparently, but they – so why don’t we just make the Adam Sandler movies? And they do.

**Leigh:** He’s almost just going directly to his audience.

**Craig:** He is.

**Leigh:** I’m going to talk exactly to the people that love me–

**Craig:** It’s not almost.

**Leigh:** And I don’t want to sell to anyone else.

**Craig:** And they remove all of the – the things that we love about the theatrical experience, right, being in that big room, and the lights go down, and it’s communal, and it’s an evening out also requires getting people to drive to it and park, which means marketing. And all that goes away with the Netflix thing.

But see brilliantly I think with your model, more people are going to buy tickets than what it costs. Upgrade will make money.

**Leigh:** Yeah, I think. And you know I read this David Fincher quote where he said, “The Oscars should be held ten years after the fact.”

**Craig:** Yes!

**Leigh:** We should be doing the Oscars for the movies that came out in 2000 in 2010. Because only then will we truly know what the best picture is.

**Craig:** Correct.

**Leigh:** Can you imagine, Goodfellas would have actually won Best Picture if it was done that way.

**Craig:** No question.

**Leigh:** Wouldn’t have been Dances with Wolves. That always happens with the Oscars is you look back and you’re like every now and again they get it right, but you’re like, oh man, clearly this was the best movie of 2014.

And, you know, that is a nice shelf life for a movie and with something like Upgrade I’m seeing a lot of great word of mouth online. Now we live in this time where you can put your movie out and instantly jump on the Internet to see what people think of it.

**Craig:** Correct.

**Leigh:** And I don’t love social media, but one of the great things about it is getting that instant, in the moment, feedback directly from the audiences. And I see this great word of mouth. And I think about what you’re talking about. And I’m like, you know what, I’d be so happy if this became one of those five, ten years from now genre staples that everyone goes, “How good was that movie?”

**Craig:** And I also feel like there are movies that everybody feels good about. And then there are movies that a few people feel great about. Like I feel great about Buckaroo Banzai. Like I do. It’s a big deal for me. Not many people, even now as a “cult film,” not many people have seen Buckaroo Banzai. And when it came out nobody saw it. I think it was me and like–

**Leigh:** Yeah. It was you in the theater with two others.

**Craig:** The family of the people that made it.

**Leigh:** Yeah.

**Craig:** So let’s talk about, because Upgrade is a departure for you in a sense.

**Leigh:** Definitely.

**Craig:** It’s the second movie that you’ve directed.

**Leigh:** Yep.

**Craig:** But it’s not really horror. In my mind it’s sci-fi.

**Leigh:** It’s kind of sci-fi action. What I wanted to do there — this was kind of an interesting problem for Blumhouse. So I had done the Insidious movies with Jason Blum and it was great. But it was a family and a house. It was all very budget-friendly.

What I wanted to do was see if I could make a sci-fi movie within that model. Because I loved the creative freedom of it. I loved the fact that they didn’t have time to waste and spend three years in development.

**Craig:** Right.

**Leigh:** But I didn’t want to just make another movie about a family in a house that’s being haunted by a demon. So I looked to movies from my youth such as the original Terminator. If you go back and study that movie–

**Craig:** $3 million, maybe?

**Leigh:** I know. And actually there’s a bond place, a movie insurance bond place on Sunset that has the budget for The Terminator on the wall in a frame. It’s one sheet of paper.

**Craig:** Amazing.

**Leigh:** It breaks down the $3 million, all typed. It’s a beautiful thing. I should have stolen it off the wall.

**Craig:** And it’s great.

**Leigh:** That movie, if you study that movie they dole out the science fiction so judiciously that they pull a little bit of sleight of hand on the audience. You think it’s a much bigger movie than it is. And Arnie, he is the special effect.

**Craig:** Correct. He’s the special effect.

**Leigh:** You buy that he’s a robot. But they really don’t show you that he’s a robot until the end. And so I used that as a model to say to Jason Blum and to everyone at Blumhouse, “We can make a sci-fi movie in this Blumhouse model if we make it like this original Terminator.” And I finally convinced them. And we went to Australia and we made this movie. We had a car chase. We had fight scenes. And it was all done run-and-gun. It was madness. It was like we were trying to shot The Matrix with the budget of Insidious, which I should have had my head examined trying to do that.

But somehow I was insane enough to try it. And I’m really proud of the movie we got. I think the crew in Australia was so dedicated that they didn’t laugh when I said, “I want to do The Matrix for this price.” They were like, sure, OK.

**Craig:** I feel like that’s a very Australian thing.

**Leigh:** Oh yeah.

**Craig:** Someone says something crazy, like I want to jump and touch the moon, and they’re like, “All right. OK, mate.”

**Leigh:** Mate, I’ll tell you, the best example of that was our stunt coordinator. He’s a legend in Australia. Legendary stunt man. To give you an idea of how legendary he is, he worked on the first Mad Max film.

**Craig:** Nice.

**Leigh:** Before there were stunt men in Australia. That was just George Miller saying, “Hey mate, ride that motor bike into that wall.”

**Craig:** The crazy person with the–

**Leigh:** Yeah, the crazy person.

**Craig:** That wasn’t a stunt man. It was just some lunatic.

**Leigh:** No it wasn’t. It was just some lunatic. So Chris was the lunatic. And this guy, salt of the earth, he’s the type of Aussie that Americans think of when they think of Australians. I’m not that guy. He’s a guy who is holding a wild animal on a TV show. And I would say to him, say Chris – he’s so Australian that I would say, “Chris, can I have one car smash into another car and then that car smashes into another car and then that car smashes into another car and they all go sideways into the wall in unison.” And instead of saying, “Oh, I don’t know. I mean, we’ll have to have a meeting,” he would go, “Oh yeah, fuck yeah. Yeah, yeah mate.”

**Craig:** He was so excited.

**Leigh:** He was like, yeah fuck, give it a go, hey.

**Craig:** Give it a go! What’s the worse that happens? Four people die?

**Leigh:** Yeah, people could die. And I really think you’re right–

**Craig:** I wish I were Australian.

**Leigh:** I think that Aussie spirit of like, “Yeah, mate, we’ll give it a go, why not?” It really helped this movie because we shouldn’t have been able to do it. And I feel like if we tried to do it over here there would have been a lot of people saying, “Uh-uh.”

**Craig:** It is fascinating the culture of these things is remarkable. That there’s like a culture in the United States of – well, we’ll just call it like whatever they consider best practices of production.

**Leigh:** Right.

**Craig:** And then there’s European best practices which I have found, because Chernobyl is a European production, are very restrictive. I mean, they’re very, very like “Don’t hurt anyone.” And obviously you don’t want to hurt anybody, but sometimes it’s like the scene, we have a stapler, so “Everyone the stapler is live. If you are concerned about the stapler please call the following number.”

**Leigh:** Then you have Asian films like Hong Kong movies and Thai movies where it’s like, “So we need you to jump from this building to the other and we couldn’t afford any safety nets, so you really have to make it.” And the guy is like, OK. That’s the opposite. Australia is somewhere in the middle. We’re not quite Europe where it’s like Stapler Live, and we’re not quite Asia where it’s like, yep, I need you to jump from the helicopter into the shark’s mouth.

But there is a good sort of for lack of a better term Mad Max spirit of like I’ll give it a go.

**Craig:** I mean, watching the latest Mad Max movie you just got a sense that part of the reason it works isn’t that they’re doing crazy stunts. It’s that they’re so willingly doing crazy stunts. Like the guys on the poles want to be on the poles. They’re just thrilled.

**Leigh:** You could call it like a macho culture thing, or that Australian thing, but there is this crazy thing of like I’ll do the – you always go to a party in Australia, I mean, I’ve lost count of the number of times growing up that someone will be like, you know, it’s like, “Quick, come in the living room. Mac is going to hold his head in the fish tank for one minute.” And just like who is going to do the stupidest thing possible at this moment? And then that moment of course is well suited to be a stunt man. That’s the whole job.

**Craig:** I mean, it’s that great line at the end of Kung Fu Hustle. Like, you know, could be a doctor or a lawyer. Probably a stunt man.

**Leigh:** Probably a stunt man. Yeah, yeah.

**Craig:** Probably a stunt man. So, the choice of directing. I know people always ask this of writers. Why are you directing? But you have an interesting circumstance in that for a long time you were partnered with a director. And then somewhere along the way you said, “OK, now I would like to do this.” What changed for you? And the premise of this question is this: I don’t want to – I’ve directed. I’m just like I don’t want to do it. I like other people doing it. It’s so exhausting. And also I end up caring so much in a weird way that my head hurts and then I get paralyzed. Because it’s like I’m so intense about everything. Whereas if I’m not directing, somebody else is directing, I can kind of relax a little bit and breathe. You know?

**Leigh:** Right.

**Craig:** You obviously don’t have that. Did you always have the drive?

**Leigh:** I think so. I mean, I went to film school to learn to direct. I happened to meet James Wan at film school and I guess it was like, you know, you go to music school and you meet John Lennon. You’re like, you know what, I’m going to team up with that guy. He was a really good filmmaker. And so when we finished film school and faced the cold winds of reality I said to James, I just thought there was strength in numbers. Like we should team up and I’ll write and you’re direct. And I’m so glad that we did that because that’s why I’m sitting here. But in the back of my mind there was always that film student that was like, well, you’ll do it one day.

But I was perfectly happy. And I think directing was kind of forced on me in the end because James went off to do these huge tent pole movies. And it was like a little bit of a – almost a breakup. Like a benevolent breakup where I was like, OK, so who am I without James if I’m not one half of this duo? And I was like this is the time to direct. And Jason Blum kind of shoved me into directing the fourth Insidious film.

And I thought it was going to be what you described, just a constant stress. And I actually enjoyed it because I felt like – funnily enough I felt like directing was an extension of writing. You know, when you sit down at your desk you write a line like, “He walks into the room, papers in hand.” That’s all you write. But when you direct you get to decide what color the wallpaper in the room is and what’s the guy wearing when he walks in the room. All the things that you didn’t write down. Is he in a bad mood when he walks in or a good mood? The papers he’s holding. You’ll have set decorators coming up to you saying how many papers is he holding, ten or 100?

All those little micro decisions, I actually enjoy it because I feel like I’m coloring in between the lines of the screenplay. So the screenplay was the structure of the building and directing is putting the stucco, you know, to use a wonky metaphor it’s like I enjoy the feeling of being the last decision maker as opposed to watching someone else go, “Well, he’s carrying two papers.” And I’m sitting there as the writer going, “I was thinking 100, but whatever.”

**Craig:** See, television is fun because I can be like, “Mm, you know, I think it would be more like 20,” and they go OK. That’s interesting.

**Leigh:** But that’s directing. When you talk about TV, I feel like what you’re doing in TV has a foot in the directing camp as a writer.

**Craig:** Well, it’s producing, but the director is directing. I mean, there is an enormous amount there that they’re doing that is what they do. But like anything else I think any director is going to, I mean, good ones I think are always listening to everybody. So, the person that comes to you a lot of times will say how many papers. And you’ll say three. And then they’ll say, OK, just so you know that’s what this is going to look like. We’re kind of thinking it’s going to look a little weak. You know what I mean? Everybody is kind of–

**Leigh:** But I also love that about film sets, that collaborative nature. I feel like the director gets too much credit for the fact that–

**Craig:** I do, too.

**Leigh:** It is. It’s just crazy. And then maybe they get the blame when things go badly.

**Craig:** There is that.

**Leigh:** I love how collaborative it is. It’s funny, one of the best things I’ve ever done in terms of directing was go to the Writers Guild for a seminar. I opened my email one day and there’s an email from the Writers Guild with a subject heading “Are you a writer who wants to direct?” And I’m like, why yes I am.

And so I RSVP’d for it. A month goes by. I forget about it. And then I get this email saying don’t forget your seminar is coming up this Saturday at the Writers Guild. And I’m like, oh shit, I forgot about that.

So I go along and I remember it was raining. It was one of those rare LA days where the rain is pouring. And I’m thinking why am I going to this seminar? This is going to be some guy who directs wedding videos trying to tell me some crappy metaphor like directing is like capturing a firefly.

And then I get there and I swear I learned more in that five-hour seminar at the Writers Guild then I did in three years of film school.

**Craig:** Who taught it?

**Leigh:** It was Billy Ray. John Wells. And Nicole Holofcener.

**Craig:** OK.

**Leigh:** Already I’m like, OK, so I got my notepad out–

**Craig:** Also all three of them are incredibly pragmatic people. They are crafts people. I mean, they’re artists, too. But they understand the craft.

**Leigh:** But you know what was great? I couldn’t believe how practical and pragmatic each piece of advice they gave. Almost to the point of obviousness. Like one thing Billy Ray said, they talked for an hour or two, and then we split up and we had some time with each of them. And Billy Ray said at the end of each day you go up to every individual crew member and say thank you. Now you’re not going to get all of them, because some people will leave. And you’ll be running around like a chicken with its head cut off. But every day.

Which some people might think, well, that’s obvious courtesy. But if he hadn’t have said that I probably wouldn’t have done that. But I was furiously noting everything down in my notepad and I carried the notepad from that seminar around on my first film set like a bible.

**Craig:** Wow.

**Leigh:** And I would read it every morning. There’s a list of rules. And you best believe I ran around at the end of every day shaking, out of breath, like thank you. Thank you so much. By about the fourth day the crew was looking at me like, “You know you don’t have to do this every day.”

**Craig:** Yeah. Like the only other person that’s ever done this is that weirdo Billy Ray.

**Leigh:** Exactly. Has this guy been hanging out with Billy Ray? But it was amazing. At the wrap party two, to a man, everyone and a woman, every one of the crew was like, “Oh, we so appreciated that.” It was so amazing to get that from the Writers Guild. Like the Writers Guild just paid for itself in one hit just with this amazing seminar to have access to these people.

**Craig:** That’s great.

**Leigh:** And one of the things they talked about a lot is dispelling this myth of the director as auteur and the captain of the ship. And this whole like General Patton mythology of like I must lead my soldiers up the hill. It’s like, no, you’re a traffic cop and you’re helping technicians to make something. And if you come at it from that angle you don’t need to scream and yell. And here’s the words that no one wants to believe. It can be fun directing. It doesn’t have to be this like soul-shredding thing.

**Craig:** I think the thing that holds me back is just my general impatience.

**Leigh:** Yeah right.

**Craig:** Because the actual process of making movies is so slow. It’s just slow. And I get bored.

**Leigh:** And also takes up a year of your life.

**Craig:** And then there’s that.

**Leigh:** From like script to sound mixing stage you’ve just marked out a year. You could write four scripts in a year.

**Craig:** And the truth is I love the beginning and the end. I love writing and I love editing. It’s the stuff in the middle that I’m like can’t you just give me the footage?

**Leigh:** That’s why it sounds like TV is perfect for you right now.

**Craig:** It kind of is.

**Leigh:** Because that is exactly where the writer is working the most. Yeah, see, I mean, I think it’s amazing that there are people out there who just want to write. I think it’s so great because that’s the only way you’re going to get great writers is people dedicated to that. Like in Australia for example most people who write a script want to direct it. We don’t have an industry of writers like you have in the US. And when I came to the US I was just so in awe of this strong, healthy industry of writers who wanted to be better writers. And I definitely was in that world for a long time before I directed.

**Craig:** Think of how many scripts you wrote because you weren’t directing.

**Leigh:** Totally.

**Craig:** That’s the big difference I think just in terms of mastering screenwriting is if you’re just screenwriting you get way more practice at it.

**Leigh:** 100%.

**Craig:** And it takes practice.

**Leigh:** Exactly. Any time anybody says to me what’s your advice to screenwriter I just say write. You’re going to learn on the job. Watch great movies and read a lot of scripts and just keep writing. Your 20th script will be good and you’ll surprise yourself, but you need to actually do the work.

**Craig:** You got to climb up that hill. Well, why don’t we answer some listener questions before we wrap things up, because you know what? People deserve your wisdom. You’re obviously smart.

**Leigh:** Mm-hmm.

**Craig:** I’ll read them out loud.

**Leigh:** I’m not going to answer that one about how I maintain my physique. That’s not something I want to talk about on this podcast.

**Craig:** Tim from LA writes, “How do you maintain your physique?”

**Leigh:** Well, Tim…

**Craig:** No, this is a question I think you’ll have some good insight for. So, Tim from LA writes, he says, “I have the good fortune of being writing partners with an up-and-coming director.” All right. Sounds familiar.

**Leigh:** Sounds familiar.

**Craig:** “Whom is represented at one of the biggest talent agencies in Hollywood.” I think that should be “who” Tim. And that’s a tricky one, but I think it’s who. Regardless. “Our first feature script is making the rounds and we feel really good about its chances. I’m also writing scripts on my own. My writing partner got signed as a director based on his short films and music videos that he made prior to us partnering up. I’ve never spoken to anyone at this agency, nor have I signed any documents, but they have been sending out a script with my name on it. Are they technically my agency, too, or should I be pursuing representation with a different agency? Is it common for someone in a writing partnership to have a different agent for their solo work? That seems like a conflict of interest to me. I would love to hear your opinion on how I should proceed with this once my script is done.”

**Leigh:** Huh. That is a good question. It’s a little bit of a conundrum because they are going out there and effectively selling your product, but not directly on your behalf. If this were me, and you can weigh in Craig, I would probably sit down with that agency and say, “Listen, you represent my friend. But you’re taking my script out. What is your interest in me as a client? Because if not I’m going to go and get an agent.” I would go to them. I don’t think it’s necessarily a bad thing to have the same agent as your friend.

**Craig:** Right.

**Leigh:** I had the same agent as James Wan, so in my experience my version of your story is the agency, Paradigm, signed us both. And the same agent was both of our agent. So some could say is there a conflict of interest? I haven’t found it to be so because ultimately an agent wants all of their clients to do well. They don’t sign people that they don’t want. So I don’t think it’s a bad thing for his friend’s agency to sign him. But he needs to get some clarity from them real fast on whether they’re interested. Because if they’re not interested in signing him, which would be weird, they’re taking your script out, he should get himself an agent as quickly as possible because if this movie starts to get made and starts picking up steam and he doesn’t have anyone in his corner, he’s in trouble.

**Craig:** I totally agree. And also if they’re sending his script out, the script that he’s written with this writer-director, and he’s not represented by the agency that means that he’s not paying commission on it. I’m pretty sure that the agency thinks that they do represent him. That’s like my suspicion already.

But the person I would probably start talking with first is the writing partner and say, “Listen, you know I do solo work. I want to be represented with you. Basically make a proposal. I’d like for us to share an agent for the work that we do together. And I’d like to stay in that agency and either have that same agent be my solo representative or have another agent handle my solo work. It’s at the same agency.” Probably makes sense to have it be the same person. And then talk with the agency about it. And say, listen, fair question: are you interested in representing my solo work?

My guess is they would say yeah, because what does it cost them?

**Leigh:** Well the problem is if they’re not representing him and they’re sending his script out, my bet is they’re leaning pretty heavily on their client when they talk to producers.

**Craig:** Oh yeah.

**Leigh:** They’re probably not even mentioning this guy. So they’re like, “Oh, my client wrote this script with some other guy.” They would probably be painting a picture that it’s the friend’s script. And so he needs to–

**Craig:** Advocate.

**Leigh:** Have someone there putting his part of it up. But always honesty is the best policy with agents. Like if and when he does meet with the agency say I’m only interested in signing with you if you’re a fan of mine. Forget my friend.

**Craig:** That’s exactly right. And I think being honest and open about these things is exactly what you do.

**Leigh:** It never hurts.

**Craig:** Yeah. And don’t be scared. There’s nothing to be scared about. You don’t have to invest any high drama into the question. It’s a pretty easy question.

**Leigh:** Totally.

**Craig:** But it seems to me the path of least resistance is, yeah, for them to share an agent.

**Leigh:** Yeah.

**Craig:** You got time for one more question?

**Leigh:** Yes. Of course.

**Craig:** Let’s do it. Grace in Burbank writes, “How do you get your physique?” No, she writes, “I’m a screenwriter and…” so many people are fascinated by your physique. Most of our viewers.

**Leigh:** It is something that doesn’t happen just by accident.

**Craig:** No. It’s obviously a lot of hard work.

**Leigh:** It is. And it’s worth it. It’s worth it.

**Craig:** You and Hemsworth both. And when I say Hemsworth I mean all of them.

**Leigh:** Yeah. I’m sort of all the Hemsworths put together.

**Craig:** Exactly.

**Leigh:** Not the Hemsworths we know. The Hemsworths that live in Boronia. I went to high school with them.

**Craig:** The Boronia Hemsworths.

**Leigh:** The Boronia Hemsworths.

**Craig:** They’re Bogans?

**Leigh:** Yeah. Bogans.

**Craig:** “I’m a screenwriter and director and I’ll be shooting my first feature soon.” Sounds familiar. “I would like to hire someone to do a punch-up pass to expand the comedy potential. I’m big on the drama, not so much the comedy. I know that this is common in the industry and that generally the writer hired is not credited, meaning the punch-up writer is not credited. My question is more about the ethics of being recognized or nominated or awards if that hired writer isn’t credited. I know Craig has mentioned doing this for scripts, and you guys have talked about weekly work in this area, so I wonder how you felt about it. Does the industry typically know when something like Bridesmaids had punch-up writers? And how do you feel about it? If I can find someone I’m thinking I’ll have this person sign an NDA. Is that reasonable and ethical in your opinion?”

Do you guys do punch-ups for horror?

**Leigh:** No. Not really. Punch-up, it is sort of the province of comedy, but it’s also the province of studios. Studios have the money and the resources to bring in someone like say Craig Mazin and pay them to do the work. And the money, Charlie Sheen’s, what is his quote about prostitutes? He says I pay them to leave.

**Craig:** Yes. You don’t have to pay them to have sex, you pay them to–

**Leigh:** You pay them to leave. The studio is paying these punch-up writers to come in, do their work, and then leave without saying anything. I’m assuming, maybe I heard incorrectly, she’s making an independent film?

**Craig:** It just says a first film. But I’m going to suspect independent.

**Leigh:** Let’s say it’s independent. You’re not probably going to have the money to pay someone properly to come in and do a punch-up. So I would find the funniest person you know, or writer, why not give them a credit? Why make them sign an NDA, unless you’re adamant that you take sole writing credit? If you’re directing the movie, I don’t think people look down on it. Usually people don’t know. What people look down on in the film industry is if somebody got screwed over.

**Craig:** Mm-hmm.

**Leigh:** And those stories can filter through. So if this were me, I would bring on somebody and I would credit them. And I would give them a credit on the movie, an independent film.

**Craig:** For me it depends on what they’re doing. So, a traditional punch-up or like a roundtable, Grace, is where five writers will sit around a table and for four or five hours just talk through the movie, toss out some jokes. The jokes tend to be somewhat limited, dialogue based. Although inevitably there are some story suggestions, character suggestions. I mean, writing gets done.

I did a roundtable for a movie, and I don’t talk about the names of them, but I said, look, there’s a missing scene. It should be something like this and here’s what it would sort of go like. And that’s in the movie.

**Leigh:** Great.

**Craig:** The lines of it and all of it. I didn’t write it down, but that’s – these things do come out of these things. None of us expect credit for that. In fact, Writers Guild-wise we’re not eligible for credit because you’re working as like a five-person team or something like that. It just doesn’t work that you’re eligible.

**Leigh:** But you get paid for that punch-up.

**Craig:** You get paid for the punch-up. So here’s what it comes down to, Grace. The question is one of expectation. If you say to people, listen, this is a traditional punch-up. You come in. You do the work. You’re paid this much money. And that’s it. There’s no credit involved or anything like that. That’s an upfront deal. That’s an expectation. And how much can you do in one day? I don’t think anyone in one day can do enough to qualify for authorship.

**Leigh:** For a whole credit. Right.

**Craig:** So the question I guess does the industry typically know when something is – everything in comedy gets a punch-up table. Nobody ever is like, oh my god, the reason Bridesmaids is a hit is because Jimmy came in and had that great one-liner about whatever. It doesn’t work that way. That’s not why we love movies.

**Leigh:** Well, I guess then for Grace it comes down to making sure that person understands it. And being able to compensate them. Being able to find the money. It’s a different thing if you’re like come in and punch up my movie–

**Craig:** For free.

**Leigh:** I can’t give you anything. And you’re not going to get any credit.

**Craig:** No. Then that’s not ethical. Then that’s – professional writers should be paid for their work. Signing an NDA, I mean, we don’t do it because we just generally as a professional code. And per the Writers Guild, it’s one of our rules, if you work on a movie and you don’t have credit on the movie don’t talk about it.

Now, a lot of writers do violate that. I will see writers in their bios it will say, “And also was an uncredited writer on blah-blah-blah.” And I’m like then were you?

**Leigh:** Sounds like you’re credited now.

**Craig:** Yeah. Exactly. Like, I mean, I don’t ever do that. Ever. I think it’s just–

**Leigh:** But if Grace is working in the independent world and she thinks things might get sticky, maybe an NDA might help.

**Craig:** That’s the problem. In the indie world you may need that NDA.

**Leigh:** There’s plenty of horror stories about someone coming out of the woodwork later with independent films and saying, “Well, actually I need to get some of those profits because I had a big part in it.”

**Craig:** Well, the one thing that we definitely sign is all of our work away. So in Hollywood you come in for a roundtable, you have a full wad of contract paper. And it basically says anything you say or do in this room belongs to us.

**Leigh:** Do you enjoy doing those punch-up sessions where you sit around a table with five other writers and kind of–?

**Craig:** Depends on the movie and the writers. I did one for a Disney movie and there were four other writers, and I loved all four of them, and we had a great day. And we helped the movie. Not in any significant – and I always think to myself if they hadn’t done it the movie still would have been great. It would have been a big hit. All we’re there to do is like add maybe a little bit of pixie dust to it here or there.

But then the rough ones are the ones where someone says, “OK, we have a movie in trouble. It’s shot, right. We’re not about to shoot it. It’s shot. Come in, watch it, and then let’s all sit around a table and figure out how to save this patient’s life.” And that can be really tough.

**Leigh:** You have to throw in lines that they have to somehow wedge in with ADR looking at the back of someone’s head.

**Craig:** You can’t. Any time anyone ever says we’re going to save this movie with ADR, you don’t want me there. Because you’re delusional. And I’m not. Yeah.

**Leigh:** It’s so social though. I like that about – I always think of writing as such a lonely profession. I’m always sitting in my cave writing these horror films. Whereas you’re sitting around a table with other writers. It seems so social for film writers.

**Craig:** Yeah. But maybe twice or three times a year. Most of the time I’m in the cave as well.

All right, well it’s time for One Cool Things. I don’t know if you – I like to spring this on people.

**Leigh:** Oh yeah.

**Craig:** You got one? Do you have a One Cool Thing today Leigh?

**Leigh:** A One Cool Thing, OK. You sprung. A One Cool Thing. So it could be a book, a movie, anything.

**Craig:** It could be a book, a movie, an app, food, a place, anything you want. It doesn’t have to cost money. It can cost a little, a lot. Anything you want.

**Leigh:** I did just read a book called I’ll Be Gone in the Dark by Michelle McNamara about the Golden State Killer.

**Craig:** It’s a terrific read, yes.

**Leigh:** Amazing book. And it’s just such a chilling true crime novel, but it has this tragic level of pathos to it, too, because you kind of know where it’s heading. You know what happened to Michelle. And so I can’t recommend that book highly enough. It sticks in your head in a scary way, but also in this kind of heart-wrenching way. So I would definitely recommend that.

**Craig:** Yeah. Michelle McNamara who is the late wife of Patton Oswalt. One of the funniest people on the planet.

**Leigh:** Exactly. And two weeks after I read the book they caught the guy.

**Craig:** They caught the guy.

**Leigh:** Could not believe it. Because I spent two weeks chewing my nails off thinking the guy is out there. He’s going to probably kill my family tonight. And then they catch the guy.

**Craig:** They caught him.

**Leigh:** She has a line in the book, she almost writes to him and says, “Once you step out into the light, all your power is taken away.” And it was funny – when I saw footage of the guy on TV he really looked just like a sad old man.

**Craig:** Yeah.

**Leigh:** He wasn’t a scary guy. He was just some sad, pathetic guy. And I was like she was so right. And it’s a really powerful book and I would really recommend that to anyone–

**Craig:** Yeah. She also said something like imagining the day he would be caught. You walk outside and there they come right up your driveway. And that’s pretty much how they got him.

**Leigh:** Yes.

**Craig:** They sort of walked up his driveway and said OK, we got you.

**Leigh:** Exactly.

**Craig:** It’s a very cool recommendation. That is a cool thing. My One Cool Thing this week – I don’t typically do things that cost a lot of money. But this one does, and I apologize for it in advance. But I’m a big Dungeons & Dragons fan and player. And the actor Matthew Lillard is also a big Dungeons & Dragons fan. I met Matthew over 20 years ago. I co-wrote a movie that wasn’t particularly good, but he was in it and he was very good in it. And we just never like, I don’t know, after that experience it wasn’t like we hung out or anything. But now with Twitter you can follow him, and he can follow me. And he was such a good guy, like such a decent human being.

**Leigh:** And a cast member of the original Scream.

**Craig:** Cast member of the original Scream. Not just cast member. Killer. Co-killer.

**Leigh:** That’s right actually. Didn’t want to, you know. The moment has passed. Spoiler alert.

**Craig:** I’m going to go with yeah. Yeah, spoiler alert. But Matthew and some of his friends have created essentially a Dungeons & Dragons module that is like a luxury item. It costs quite a bit. I think it’s hundreds of dollars. But it’s got like all of the figurines. Maps. Boards. Modules. Everything is just beautiful. Because like Dungeons & Dragons normally, you know, it can get pretty low tech where it’s just scratch pads. And your little wet eraser battle map and all that.

So this is a chance to go fancy.

**Leigh:** Go fancy with it.

**Craig:** And I don’t collect things. I don’t have like fancy art and so forth. But I understand when you love something that it’s OK, like spend a little extra on it because you love it.

**Leigh:** Well yeah. Everybody has that one hobby whether it’s boats, or whatever, they spend the money. Like football. So I pay outrageous prices to go see my team play. And that sounds cool. So it’s an actual physical, tactile, a whole board.

**Craig:** it’s got everything self-contained. Now, it’s pre-order right now, so you’re not going to get it right away. But we’ll include a link in the show notes, but it’s under Beadle & Grimm’s Platinum Edition, which already sounds cool anyway. Like who are Beadle and who are Grimm?

**Leigh:** That is great.

**Craig:** So thanks Matthew Lillard for that. And thank you very much to Leigh Whannell for joining us and being his brilliant Australian self.

**Leigh:** Thanks for having me.

**Craig:** Congrats on Upgrade. By the way, Upgrade in theaters right now.

**Leigh:** It is in theaters right at this very moment.

**Craig:** All around the world?

**Leigh:** Not all around. Just in the US. But all around in the world is going to come in stages. I think it opens in Australia for any Australian listeners on June 14.

**Craig:** Fantastic. Right in the dead of winter.

**Leigh:** Right in the dead of winter there. And then hopefully the UK soon after and etc. etc.

**Craig:** Fantastic. And it’s been getting wonderful reviews. And I guess the point is really ten years from now we’ll know.

**Leigh:** Ten years from now we’ll now if people liked this movie.

**Craig:** We’ll know if they liked the movie. All right, well that’s our show. It is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is from somebody amazing, so just wait. If you have an outro you can send us a link to ask@johnaugust.com. That’s also a place where you can send longer questions like the ones we read today.

For shorter questions, on Twitter I am @clmazin. John is @johnaugust. Leigh, you are?

**Leigh:** The best. The handsomest.

**Craig:** On Twitter.

**Leigh:** Oh. Yes. Of course.

**Craig:** You’re @thebest_awesomest.

**Leigh:** I am @LWhannell on Twitter.

**Craig:** Fantastic.

**Leigh:** And you can find me there. Right now I’m ranting a lot about Upgrade, but I swear that will be finished soon.

**Craig:** Yeah. That’s sort of the deal with us is that when we have things coming out we get a little obsessive, but then we return to tweeting about politics.

**Leigh:** Yes. Yelling at Trump.

**Craig:** And yelling at Trump. So, you can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you will find transcripts. We try and get them up about four days after the episode airs. You can find this show on Apple Podcasts at Scriptnotes. Just search for Scriptnotes. And while you’re there leave us a comment because John August loves comments.

You can find all of the back episodes of the show at Scriptnotes.net. And that’s our show. Leigh, thank you again.

**Leigh:** Thanks for having me. We missed you, John. But Craig, you did a wonderful job just all on your own.

**Craig:** I know.

**Leigh:** Robin doesn’t need Batman it turns out.

**Craig:** I know.

**Leigh:** You can do this.

**Craig:** Thanks man.

Links:

* Thanks for joining us, [Leigh Whannell](https://en.wikipedia.org/wiki/Leigh_Whannell)!
* [Leigh](https://www.imdb.com/name/nm1191481/) wrote [Saw](https://en.wikipedia.org/wiki/Saw_(2004_film)), [Insidious](https://en.wikipedia.org/wiki/Insidious_(film)), and, most recently, Upgrade, (here’s the fairly violent [trailer](https://www.youtube.com/watch?v=gEnRNIvEKu8)).
* [I’ll Be Gone in the Dark](http://www.amazon.com/dp/0062319787/?tag=johnaugustcom-20) by Michelle McNamara
* Matthew Lillard’s company, Beadle & Grimm’s Pandemonium Warehouse, is releasing a luxury Dungeons and Dragons campaign called [Platinum Edition Dungeons & Dragons: Waterdeep: Dragon Heist](https://www.beadleandgrimms.com/platinum-edition/), which is available to pre-order.
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [Leigh Whannell](https://twitter.com/LWhannell) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Matthew Chilelli ([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_354.mp3).

Scriptnotes, Ep 342: Getting Paid for It — Transcript

March 27, 2018 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2018/getting-paid-for-it).

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

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

**John:** And this is Episode 342 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

We’ve had a bunch of craft episodes back to back, so today I thought we’d take a look at the business side of things. We’re going to talk about getting paid, getting credit, and getting rid of a bad manager.

**Craig:** Yes! Oh my god, that’s like the trifecta of stuff that makes me pleased.

**John:** Very good. We’ve done almost no preparation for this episode, so it’s going to be making up answers as we go, which is sometimes the best thing.

**Craig:** You know, John, welcome to my world buddy. This is every episode for me.

**John:** We have some follow up though. Chaz from Disney wrote in to say, “On the last episode of Scriptnotes, Craig and John pitched a ‘standing offer’ to come and discuss the notes process with any studio that was interested in having such a discourse. I ran the idea past our president, Sean, and we agreed. As two gentlemen that we hold in very high regard, we’d like to take them up on that offer.”

So, that’s one studio down.

**Craig:** It’s not just one studio. It’s actually five studios. So, if I could have picked one studio to do this, it would have been Disney, not because they’re particularly good or bad at giving notes. It’s more that they cover so much. They now own Fox, in terms of movies, and Disney, and Disney Animation, and Pixar, and Marvel, and Lucas Film. That’s a lot of notes going out the door. And Sean Bailey, who is the head of Walt Disney Pictures, so that’s their live action film arm from Disney, is fantastic. We both know him and have worked with him and for him.

And I’m not surprised that he’s the guy who said yes to this, by the way. It’s very Sean-like to want –- he’s a good scientist in this regard. You know, he’s very rational and he loves the idea of kind of hearing another point of view on this.

So, I want to say to – so first of all, we’re doing it, for sure.

**John:** Yeah. We need to figure out when we’re doing it. Sometime post-Chernobyl or sometime.

**Craig:** It will be post-Chernobyl. I mean, we are all living in a post-Chernobyl era, but probably as we get into the summer. But I would also like to point out to any of you listening at Sony or Universal or Warner Bros., Disney is doing it.

**John:** It’ll be nice.

All right, so the question is what exactly are we going to say because it’s very easy to point out like bad things about notes, but even since we got this email in I started asking other writer friends about what are examples of good notes –- what is a helpful way to sort of give notes?

So, if you are a writer who has gotten good notes from a studio, or have received notes that were actually helpful or presented in a way that was helpful. It could be the means of getting the notes, or the structure of the notes, or who was giving the notes, let us know about that because we’d like to talk about best practices and not just complain about things that are terrible.

**Craig:** Completely. And, in fact, I don’t think it’s particularly useful to run down a list of here’s the dumbest note I ever got. That’s not what this is about. For me, this is entirely about process and philosophy. And very specifically what is going on in our brains, in an emotional sense, and in a productive sense. What is happening inside of our heads when we’re doing this? And what are the general philosophies that work best?

The whole point of this is entirely to get better work made. So better work out of us. Better work for them. And some of it is a little counterintuitive. There are things that I think have just become encrusted in the notes process that need to be looked at freshly and then dismissed. They are no longer useful. They’re not the right way to do it.

**John:** Yeah. They are barnacles on the system that need to be shaken free.

**Craig:** Hells yeah.

**John:** Hells yeah. Next up, Jen writes, “In Episode 340 both John and Craig use the term ‘central casting’ to describe a character. Can you describe what you mean by this?”

**Craig:** This is an old Hollywood term that’s kicked around forever and then has made its way into general lingo out there. Central casting refers to the most stereotypical example of how you would fill a role. So, if you say, OK, well this character of the prison guard is straight out of central casting, well who would you imagine is the most stereotypical prison guard? This big beefy guy with a buzz cut and kind of tough looking.

I mean, whatever it is that you imagine. It’s just the most stereotypical version of that person.

**John:** Yeah. So central casting, there was a casting department at a lot of studios. I think there still is a casting department at most studios. I know like networks will have the casting department. But it doesn’t sort of work that same way now. When we talk about central casting, we’re describing the look of the person. So it’s both the actor and how that character is made up. And so that’s the, again, the incredible stereotype of what that’s supposed to be like.

So it’s the nurse with horn-rimmed glasses. There is a very set idea of what that thing is like. So, you can say central casting in your script if you’re trying to sort of push against it or that it’s an example of why you want to be the biggest stereotype possible. But it’s not generally helpful. And so usually, if hear the term central casting, it is pejorative in that it is not well thought through.

**Craig:** Yeah. Inside of our business it’s pejorative. So you’ll say, OK, well you’ve written this butler character to be straight out of central casting. He’s a ramrod posture British man at the age of 60 who says, “Very good sir.” That’s central casting. It’s cliché. We don’t like it so much.

In the outside world, behind Hollywood, a lot of times they use it as a compliment like, well, we had to hire ourselves a new head CEO and we found this person and they were straight out of central casting, meaning they’re just the ideal person for that gig. So, two different meanings, but inside Hollywood not so great. Outside, generally pretty good.

**John:** I’m not sure. I think it’s changing outside of the world, too. Like your example of a CEO out of central casting, it does feel a little unimaginative. Like you’re worried that that person does not have a vision.

**Craig:** I think in the business world that’s considered a plus.

**John:** Although I would say, you know, the central casting version of the Silicon Valley entrepreneur, like that I totally get. You still see that out there.

**Craig:** Right. Exactly.

**John:** Yep. With the hoodie.

**Craig:** With the hoodie.

**John:** Kevin writes, “I’m listening to you guys argue about Sarah Paradise’s three pages as I type. I’ve been a stuntman in LA since 1999. Craig, you’re right.”

**Craig:** Oh, let’s just stop the podcast here. We’re done. Wrap it up. We had a great run. Folks–

**John:** 342 episodes.

**Craig:** At that’s our episode. Scriptnotes is produced by–

**John:** Now fill out your forms. Make sure you return all your uniforms. Erase all those little notes in the margins because we’re done.

**Craig:** We’re done.

**John:** Craig has finally been proven right.

**Craig:** Finally.

**John:** There’s a little bit more to the email, so we’ll get through it.

**Craig:** Ah, OK.

**John:** “Stunt people don’t punch each other in the face, especially stunt people who happen to be attractive women. If we are accidentally hit during a fight on a show or a movie we pretend it didn’t happen, then whisper to the person who did it to say you clipped me on that one. Then they apologize profusely. This is because how we look is a large part of how we get employed. Hell, we don’t even get haircuts for fear of losing work because an actor has to be doubled with long hair.

“Side note: I’ve been writing for about 17 years. I’ve been listening to current episodes as they come out, but I’m also on Episode 80 on the back catalog. The back episodes are fresh and informative because I’m a different writer now than I was a few years ago. I recommend that every listener go back through the old episodes again. It’s not like watching reruns. It’s more like watching Fight Club for the second time.”

**Craig:** Wow. That’s a hell of a compliment.

**John:** That really is.

**Craig:** Thank you, Kevin. I mean, by the way, also just a brilliant analogy, because I remember the first time I watched Fight Club and I was like what is this garbage? Then I got to the end. And then I watched it again and I was like, oh, this is my new favorite movie of all time. And I’ve seen it a billion times since.

Yeah, by the way, Kevin, first of all thank you. You sound like a very responsible stunt actor, stunt performer, so thank you for also doing that job. We need you. And also I’m a different writer then I was back then, too. I think everybody is changing constantly. This podcast as it goes on is an interesting kind of archeological record of me and of John and of all of us. So, thanks. Really nice comment.

**John:** It is a nice comment. I would say that making Launch, the other podcast I did for Arlo Finch, even as I was making it I realized like, oh, this will actually be a great little time capsule of who I was and where I was at that time, because it’s really like what the experience was like of making that book. And I’m looking forward to being able to go back 10 years, 20 years from now and listening to that again.

I don’t know that I’ll go back to listen to the old Scriptnotes, but I’m sure if I did go back and listen to some, there’d be advice I gave or things I talked about which I have a different opinion on now just because things have progressed and changed. The industry has changed and I have changed a bit as a writer.

**Craig:** I mean, and the world around us. Everything. Everything. If we were the same, what would be the point anyway? Right? I mean, things keep changing. Even though I’m joking about how exciting it is to hear that I’m right, the truth is as writers we spend most of our day being wrong. That’s part of the process. And that’s how good things will eventually come. You recognize that you’re in motion all the time. So, we’re like little butterflies that flit around, then we land on an opinion. We can stay there for a little bit, and then we’ve got to flit away and find something better. So, all good. Thank you for that Kevin.

And I have a little bit of follow up myself. Because I talked about being wrong. OK, so I had my one brief moment of being right there. Yay. Now let’s get back to me being wrong again.

My One Cool Thing last week was Alto’s Odyssey, a game I was really enjoying and still am. But I had one complaint and that was that when I downloaded it for my iPad it did not show up on my iPhone. In fact, the iPhone was saying, hey, you got to give us more money now. And I thought, oh, they’ve made this app where you have to pay for it twice for some reason because it’s on an iPad versus an iPhone.

No, no. It’s just that I had stupidly disabled my automatic iCloud app download function thingy. So, when I flipped that back on suddenly Alto’s Odyssey was available for download for no money, because I had already paid for it. I apologize Alto’s Odyssey people. My mistake. Sorry.

**John:** Yeah. It was user error.

**Craig:** It was totally user error. And you know what? I’ll tell you, it’s not like anyone told me. The Alto’s Odyssey people didn’t call up. If they heard about it, they probably just shook their heads and said, “Idiot.” But they let it go.

**John:** Yeah. Because you were that one person. I mean, there might be like 10 or 12 people in the world who are using this app and you are one of them. And I’m sure they were saddened that one of their 12 players wasn’t getting the best experience out of it.

**Craig:** Well, first of all, they spend their days listening to us. And specifically me. I’m pretty sure what they do is they just listen to my side of it. And, you know, they hang on every word. I get it. And I’m sorry. What do you want from me? I apologize.

**John:** All right, let’s get to some questions and all of these questions are from our listeners and they’ve written in about things that relate to the business of screenwriting. So, I thought we’d dig into those. They’re almost all feature questions, but I think there’s going to be some relevant things here for people writing for TV, both scripted TV and variety talk shows.

**Craig:** Right.

**John:** So we’ll start with Anonymous in LA. Writes, “I’m a young screenwriter who recently quit my well-paying salary job to pursue screenwriting full-time.”

**Craig:** Oh boy.

**John:** “I can hear Craig saying oh boy as I type this.”

**Craig:** Oh, interesting.

**John:** “Last year I wrote a script that earned a substantial amount of attention. And placed near the top of the Black List. It got me an agent and several dozen meetings with studios and production companies. Because I was taking mini meetings each week and could no longer fulfill the duties of my job, I decided to quit about three months ago. While I do not regret this decision, I have never been without steady work. And this new situation is quite frankly terrifying. I find myself in a constant state of anxiety and depression surrounding my unemployment. I am working towards securing work by pitching open assignments, but so far I have landed nothing.

“My question is, how do you deal with the anxiety and depression that comes from the instability of this profession?”

**Craig:** Well, we have talked about this quite a bit. So, first of all, Anonymous, you’re going to want to listen to Episode 99, that’s a big one I think that we talk about a lot. That’s where we had psychotherapist Dennis Palumbo, and also former screenwriter, Oscar-nominated screenwriter, Dennis Palumbo onto talk a little bit about the psychological challenges that we face as screenwriters. It is very, very hard to do what you’re doing. I feel anxiety and depression and terror surrounding potential unemployment and so when you are actually unemployed I can only imagine it is even more crushing. And I can also imagine it becomes extremely hard to be creative and inspired. My guess is the adrenaline is really good for volume, that is you will write because you’re terrified, but the quality of it is going to start to become warped by your perception of what they want and what they will give you money for.

Suddenly the money becomes really, really, really important. It’s not to say that when you start out you shouldn’t be taking jobs for the money. It’s not a bad idea. You have to pay bills. And all experience is good experience. But I am concerned about your situation because you did quit and you are scared. And you have not been paid yet. And so I think it’s fair to say that you should try and find something that brings in some money. Maybe there’s some freelance work you can do. Maybe your agent, for instance, can hook you up with somebody that needs some copywriting done. Little things. Anything. Just to get a little bit of money in so you’re not in just a total freefall about money going out and nothing coming in. That is terrifying. And more than anything it’s not so much about your bank account, it’s about your head space and feeling like when you sit down to write you’re not doing it with a gun in your mouth.

**John:** Yep. I will say Anonymous I think you made the right choice. And I don’t know anything about your situation beyond what you described, but in your situation that is when you just decide, OK, I’m going to have to pursue this fulltime because otherwise I can’t take these meetings. I can’t make this all happen.

So, you got to pull the ripcord at some point and you probably pulled the ripcord at the right moment. But it is scary. And I was exactly where you were at where I left my last job and I had not sold anything, but I had an agent and I had some traction. I was taking meetings. It looked like something could happen. But there were about four months there, five months there where there was just nothing and I was just falling. And one of those slow motion falls where you’re sort of swimming through the air. So I definitely remember what that felt like.

I think Craig’s suggestion of trying to find some way to get some income is good. And freelance copywriting could be something. Uber or Lyft could be something. Something so there’s a little bit of money coming in would be great.

Minimizing your expenses would be great, because if you’re a person who came from a salary job you’re used to like, oh OK, I can make this all work because I know how much money I have coming in. When you don’t know how much money you have coming in that all changes. And you’ve got to be realistic about how your life is going to change. Because even when you hopefully do get a job or sell something, that will be a chunk of money and that chunk of money will disappear.

So what I did in Anonymous’ situation was I had a little spreadsheet and I had my monthly expenses. I knew how much it cost for me to live each month with rent, with utilities, with food. I minimized those as much as I could, but I could see like this is how much money I have. This is how I can live for six months on the money I have. And you’ll get through it.

So I think you’ve done the right thing but I think you’re also right to be thinking about “How do I prepare for this thing that could go on a little bit longer than I’d hoped.”

**Craig:** Yeah. I think she or he has done the right thing, too. I definitely think so. I mean, based on what you’re saying, placed near the top of the Black List. You have an agent. You’ve had meetings and attention. All that says, yes, you did the right thing.

And I will tell you that the worst part of your fear, I think, at least for me, is the fear of the fear itself -– that it will never go away. That this is your life now. That you now live in a terrible freefall as John described. And it’s not going to get better. Or, if you do get a job it’s only a brief respite and then you’re right back in the fear pit again. So all I can tell you, Anonymous, is no.

Here’s the situation: you will either succeed in a reasonable way so as to make yourself a life and a career as a screenwriter. Or you won’t, and then you will go back to doing what your well-paying salary job was. The good news is you’re young so it’s OK to be afraid but don’t think this is forever. The feeling that you’re having now is not forever.

**John:** Yeah. It will morph into a different kind of forever feeling.

**Craig:** Which is also exquisitely horrible. But wait until you’re in your 40s and then you’ll know about that one.

**John:** Yes. So what I would say is different about my advice for Anonymous than for some other writers is that Anonymous is in a situation where –- we’ll say she –- she placed well on the Black List, she has an agent, she’s going out for these meetings. It’s not just an idle dream that she has of being a screenwriter. Like she’s a screenwriter, it’s just a question of getting paid to be a screenwriter and whether that will happen. I think it probably will happen. As we’ve always said, any person starting in the feature business right now has to also be looking at television, so hopefully your agents are sending you out on great television meetings as well.

But I think something will probably happen because you seem to be a good writer who is asking smart questions.

**Craig:** Yeah. One last bit of advice for you, and then we’ll move on from Anonymous, it’s good that you’re going out for the open assignments. Open assignments are lotteries really. Because what happens with open assignments is they are casting a pretty wide net. You’re going up against a lot of people who are exactly like you. And at any given moment either one of them will get the job, or someone like John will bump into the executive one day, they’ll have a chitchat over a drink. That executive will say, “Oh, we’re working on this thing.” And then John will say, “Oh my god, based on that book? I loved that book as a kid.” “Really? Would you want to read?” “Yeah, I’ll read that. You know what? I can do that.” And then it’s over. There is no more open writing assignment.

So, point being, don’t let those things –- and this is the hardest part because you have to prepare. It’s like you’re writing a movie a week preparing to pitch on these things. But don’t let that distract you from what got you in this position in the first place which was your voice and writing your work. That is the one thing that John can’t do, nor can anyone else. No one else can write your script. So, keep that going. That is going to keep you fresh and in people’s eyes.

They are so much more interested in writers that are sending them things than writers who are coming in with their hand out saying give me something.

**John:** Yeah. The third possibility in those open writing assignments is that the job just completely goes away because they decide like, oh, maybe there isn’t a movie to be made about this. And I would say in more than half the cases they hire nobody for those jobs. And so that is the other frustration. But what you’re describing, that process of going out for an open writing assignment, or a quasi-open writing assignment, like they’re not even sure they’re going to really be making this movie, is it’s like an actor going out on auditions. And auditioning is a crucial skill for actors and pitching on these things is a crucial skill for writers.

I’d hoped to have her on the show at some point and maybe we’ll still have her on the show, but Jenna Fischer has a really good book on being an actor and sort of an actor’s life. And she talks a lot about that audition process and how crucial it is in terms of finding your own voice going through that audition process. So I’m going to recommend that to you to read through as well, because actors and writers have a lot in common in this area.

**Craig:** Yeah.

**John:** Cool. Theo writes in with four questions. So we’ll take each question one at a time. His first question is, “How many scripts did you write before making your first sale?” Craig Mazin?

**Craig:** One.

**John:** So you wrote one script. What was that script?

**Craig:** It was a script that I wrote with my then writing partner called The Stunt Family.

**John:** Oh yeah, we’ve talked about The Stunt Family.

**Craig:** It was not good. But it was funny. It was just not good. It was very dated, very early ‘90s sort of Simpsons-y kind of live action thing. A very broad comedy about a legendary family of stunt people. Very silly. Sort of like a Chris Farley kind of thing.

**John:** Did they hit each other in the face?

**Craig:** Oh my god, like that was constant.

**John:** Because according to our follow up, they shouldn’t hit each other in the face.

**Craig:** Well, that’s the thing. Because this movie was so ridiculous and over the – I mean, they lived on the studio lot. Their house was part of the studio tour, so every day a tram would go through and an “earthquake” would rip their house apart. It was very, very broad.

**John:** I wrote three scripts before I had anything sold or I got paid to write. So, Here and Now, which was a romantic tragedy set in Boulder, Colorado, my home town. Devil’s Canyon, which is a cross between Unforgiven and Aliens I want to say. And X which was the short film version of Go, so it was just the first third of Go. So those are the scripts I’d written before that.

My first sale was actually an assignment. I was hired to write the adaptation of How to Eat Fried Worms. Was your first sale a sale, Craig?

**Craig:** Yes. Well, it was a pitch.

**John:** It was Rocket Man?

**Craig:** It was Rocket Man. That’s exactly what it was. When we pitched it the title that we had was Space Cadet, which we eventually were not allowed to use because Lucas Film apparently was squatting on Space Cadet, which I’m still waiting for the Lucas Film Space Cadet. It’s been about 22 years.

**John:** Any day now.

**Craig:** Any day. They’re on it.

**John:** Theo’s next question is, “How many scripts have you written that have not been made?” For me the answer is at least 11. I was counting through in the folder. It’s probably more than that, but at least 11.

**Craig:** Now, does that include things like, OK, where I came in and I was rewriting something and then eventually that project just never happened?

**John:** Yeah, so I’m not counting those. I actually have printed original full scripts I wrote that were not based on a previous script.

**Craig:** Oh, I see. Geez, maybe like three. Not that many. Because most of the time I was either rewriting something that somebody else had started or it was an adaptation of something that kind of had been sputtered along. Or it was kind of like a sequel. There was a lot of that.

**John:** Theo’s next question, “How many scripts have you written that have never been optioned or sold?”

**Craig:** I’ve never optioned anything.

**John:** I’ve never optioned anything either. The only thing I ever sold was Go.

**Craig:** I’ve never sold a screenplay.

**John:** Well except for Rocket Man.

**Craig:** That was a pitch.

**John:** Oh, it was a pitch. The pitch. That’s right. A pitch.

**Craig:** Yeah. I’ve actually never sold literary material like that. I’ve either been commissioned to do it, or I have sold a pitch.

**John:** Yeah. I’ve sold some original pitches, but I’ve never sold a spec script, except for Go.

**Craig:** Except for Go, yeah.

**John:** “And what was the story behind your first sale? How much did you sell it for?” Well, my only sale was Go. I think it was about $75,000, sort of all in. So it was purchasing the script and the rewrite on it. That was for a little tiny company called Banner. We ended up selling the project to Sony right before we started shooting. But it was really done as an indie film.

So, that was fine money for what that was. So they said in that deal that I’d be a co-producer on the film and I’d be involved in the whole process and they were true to their word. So, it was a very good deal for me to have taken.

**Craig:** Yeah, so my first sale was the pitch for Space Cadet/Rocket Man. It was to Disney. It was 1995, I think, is when it happened. Roughly I believe we got something like $110,000, which then we had to split, of course, and then we had to pay our manager, and our agent, and our lawyer. So, it dwindled pretty quickly. And that was also when we learned how long it would take the contract to actually be finished therefore how long it would take us to actually get our money. So, for one day we felt like billionaires, even though we understood $100,000 was not a billion dollars. About eight months later I was like, “Can I please have my $15,000?” Because that’s all I’m getting out of this really. After taxes.

But, yeah, at the time it seemed pretty awesome.

**John:** Yeah. So I will say the first thing I actually got paid for, sort of two things I got paid for. I wrote the novelization of Natural Born Killers and that was the money that I was living off of for those six months before I actually got paid for other things. The money I got for How to Eat Fried Worms was WGA scale. So the minimum they could legally pay me. It was about $35,000 I want to say. But then I ended up doing multiple drafts on it, so over time I got more money than that.

But that’s why we have to have scale. If we did not have the WGA enforcing minimums, there’s no way I could have been a professional screenwriter.

**Craig:** No. No way anybody could be. I mean, that’s the whole point.

**John:** Well, some really rich people could be.

**Craig:** Yeah. I mean, but what a weird way to spend your life as a really rich person, just idly writing screenplays that make other people massive amounts of money but not you.

**John:** Yep.

**Craig:** Hmm.

**John:** Hmm. Do you want to take James’s question?

**Craig:** I do. James says, “I recently found myself owing $1,500 to the tax man. And it started me thinking about the business side of being a screenwriter. Do you treat your screenwriting as a business? By that I mean registering as an LLC, a limited liability company, or other entity? And what sort of expenses could you claim as a writer? Especially when you have no guaranteed income if you’re working on a spec script.”

John, all good nuts and bolts questions. What do you say?

**John:** So, yes, I do treat it as a business. And most screenwriters do treat it as a business once they start getting paid. So for our international listeners I think we should explain a little bit about companies in the US and how it all works. An LLC, I think it’s called a limited corporation in the UK, every country has some ability to have a corporation where instead of paying you as an individual they pay a company. And that company then employs you to do the work.

So, for screenwriters it is either through S-Corp or a C-Corp rather than an LLC. I am a C-Corp. Most screenwriters I know are S-Corps. There are subtle differences about how they can work, what deductions they can take. Both are fine. I’m a California corporation. You can incorporate in another state if that is more helpful to you.

But, yes, at a certain point you’re getting paid enough money that it makes sense to be a corporation rather than an individual person. So like for Go, my first sale, that was purchased from me. And so those checks go to John August. They don’t go to my corporation. So it’s always weird because I get separate residual statements for those things. And everything else goes to the corporation.

I will also say I do also have an LLC. So like this podcast and my software business, those are all run through the LLC rather than the C-Corp. It has to do with like a C-Corp really can’t have inventory and stuff like that. Whereas we have t-shirts and USB drives and stuff like that. And for accounting purposes it was really important that that be through a different branch. And that’s all through the LLC.

**Craig:** That’s how you’re laundering money and keeping it away from me. I know what’s going on. Continue.

**John:** That’s true. Craig, are you a C-Corp or an S-Corp?

**Craig:** I’m an S-Corp. I do not know the difference, but it’s just what they told me to be. I, like you, am incorporated in California. You have two numbers when you’re a corporation in the United States. You have a federal ID number which begins with the number 95 and then you have your state corporate number. And the reason is you’re paying taxes to both federal and state.

It would be awesome if you could incorporate in any state. And, in fact, you kind of can. If you’re a large corporation you often incorporate in Delaware because they have incredibly, well, just loving, lovey laws for corporations. They end up paying far, far less in taxes and all the rest.

However, when it comes to what we do it’s essentially impossible to incorporate anywhere other than the place where you are actually doing the bulk of your business. Believe me, I wish that I could do the bulk of my business across the state line in Nevada, and then I wouldn’t have to pay any state tax at all, although then I would just be a bad person. But pretty much every screenwriter is incorporated either as a C or an S in California. Like you, John, my residual checks for Rocket Man come to me and maybe Senseless, not that there’s that much coming in for that one, but regardless everything after that comes in through the corporate thing.

And, James, you’re right. You can claim all sorts of expenses as a writer. Easy ones off the top: every dollar you pay to your agent. Every dollar you pay to your lawyer. Every dollar you pay to your manager. That is a fair deduction. Also, the dues you pay to the Writers Guild. A fair deduction. Then if you have an office or office rent. You can even get away with a home office, although it’s a little bit of a red flag for the IRS. Computer equipment. Paper. Toner. Your cellphone.

Now, here’s the thing. One of the reasons that they tell us to incorporate is because it allows us to deduct a lot of these things without running into this whole alternative minimum tax business. I don’t really understand it. I’ll just be frank about it. All I can tell you is everyone is told to do it. It can’t be wrong. It just can’t be. So that’s kind of how it works.

**John:** Absolutely. The other thing I would say is helpful about a corporation is as a WGA writer you have a WGA pension. It’s lovely that we have a pension, but there’s a limit to how much you can sock away in that pension because it’s a union plan. You can establish your own pension and put money in for your pension for your corporation and that is a helpful thing as well.

So, for long term planning that is a reason why you would be doing that.

**Craig:** That’s my first level like every year the first level investment is the retirement plans and so forth that we’ve set up through the corporation. Because that is the best investment you can make because they don’t take tax off of it until you finally withdraw it later on in life.

**John:** Yeah. It’s been interesting. I’ve had some assistants, like Stuart Friedel, who were with the company long enough that they actually vested in the pension plan, which was kind of great. So it’s funny that Stuart has a pension through my corporation.

**Craig:** It’s going to be paying out for a long time because Stuart just seems like the kind of guy that’s going to make it to 148.

**John:** Oh, easily. Stuart Friedel will never die. He’ll find a way out. Like death will show up for him, and Stuart will negotiate a much better deal.

**Craig:** Forever Friedel.

**John:** Anonymous writes, “I was recently having lunch with an actor friend. The actor told me that all actors freely claim unemployment when they are not working. Up to $300 or $400 a week. I Googled it and SAG even has instructions on how to do this. The idea is that actors are only working while they are on set basically. All other times they are ‘looking for work’ and therefore eligible for unemployment. Does the same apply to writers in the WGA?”

**Craig:** I believe so. The issue has to do a little bit with this whole loan out company situation, but basically then your loan out company, meaning your corporation, as they pay you they’re paying the unemployment money. So the idea is when you work your employer has to send a bunch of money to the state on your behalf out of each paycheck that they’re responsible for, which is unemployment insurance. And then when you are out of work you apply to receive that unemployment back.

So, yeah, I’ve actually never done it.

**John:** So, Craig, I don’t think he was talking about the writers who have their own corporations. But what you’re saying is just fascinating, because I don’t know any writers with their own corporations who have done that. I think of that as sort of the writers who are still trying to get up to the point where they will have incorporated.

**Craig:** I mean, I think it would work either way. Now, when you are paid as a corporation what happens is a bunch of money comes into the corporation and then the corporation gives you a salary. This is part of how the corporation is viewed as legitimate by tax entities. So out of those paychecks there is some unemployment. But, yes, generally speaking if you have a corporation, money is coming through, this is not a problem for you anyway. But, yeah, I mean, look, it’s your money. Somebody once explained it to me, because I think a lot of people think, “Oh, he applied for unemployment, it’s like, oh, he went on welfare. He’s on the dole.”

No. It’s your money. It’s money that your employer had to send into the state on your behalf specifically for this situation. So, while I’ve never done it, I don’t see why you shouldn’t. It’s not a question of applying to writers in the WGA. It’s a question of applying just to citizens who work in the United States.

**John:** Yeah. So I know that production office staff will also do this where production office people will be working incredibly long hours on shows and then when that show wraps they will take some time off and get their unemployment for a while. They’ll do what they need to do in order to be “looking for work,” but that is sort of a planned part of how it all works.

I don’t know where the ethical lines are on claiming unemployment, but I will say that it is a not uncommon practice. And if it allows a class of people who are writers and actors and production people to exist between jobs, I get it.

**Craig:** Yep. For sure. That’s what it’s there for.

**John:** All right, Jay, in Los Angeles writes, “I sold a screenplay two years ago to a major studio. The script went into production this past September.”

**Craig:** Hmm.

**John:** So, “The script went into production this past September. I found about this through a friend working on the film.”

**Craig:** Wow.

**John:** “I also found out the writer-director attached to the film reworked the script, turning it into a sequel to a mildly successful comedy, all still using the title of my script to the film. The film is scheduled to come out in theaters in October of this year. No one has contacted me in regards to the film. I see write-ups on the film, but my name is not attached. I’ve looked up information on the film, but I have yet to see my name attached to it anywhere. All of the credits are listed on IMDb, except for the writer, which is odd. It’s as if they’re purposely not posting the writer’s name.

“My greatest fear is that the writer-director will take full credit for the film and I will be left out in the cold without a credit even. Even though I sold the original script. I also found out that a production company, not connected to the studio, financed the film. The studio I sold the script to will only be distributing the film.

“In short, studio buys my script. Separate production company offers to finance it through their company. It is then reworked to become a sequel. The production company shoots the film. The studio will distribute the film. I’m not a member of the Writers Guild, so what the F do I do?”

Craig?

**Craig:** Well, all this comes down to one single question. You are not a member of the Writers Guild, and yet you have sold a screenplay to a major studio. The major studio, by definition therefore, is a signatory to the Writers Guild. All major studios are signatory to the Writers Guild. Which means it had to have been a Writers Guild deal. If it is a Writers Guild deal, that is to say your contract is covered under the terms of the MBA, well first of all if it’s a screenplay and you sold it you should have become a member of the Writers Guild. But putting that aside, if it’s covered under the Writers Guild Minimum Basic Agreement then you don’t have to worry because the credits are going to be determined by the Writers Guild.

Now, you have to be on top of this because – well, actually you don’t. You don’t have to be on top of it because the writer-director has written on it and therefore there’s going to be an automatic arbitration. And you are guaranteed minimum Story by credit if it’s an original screenplay. And you may very well earn yourself Screenplay credit as well, depending on what the actual shooting script ended up looking like.

If you somehow didn’t sell it to a signatory, I would be confused how that happened considering that you said you sold it to a major studio, then in this case your script is viewed as source material. It is not covered by the Writers Guild. The studio, I believe, will be obliged to say based on a screenplay by Jay in Los Angeles. You will not get residuals for it. They don’t have to invite you to the premiere. There’s no guarantees of anything. That’s it. That’s what you get. Which is all the more reason why no one should sell screenplays to anyone if it’s not under the Writers Guild Minimum Basic Agreement.

**John:** Very true. So, Jay is not his real name. I emailed him when I saw this question this morning to try to get more details. Clearly some things have been changed in this email because I can’t Google to find out what this is. So don’t go Googling sequels in October because I think he’s changed some dates deliberately to obscure what’s happening here.

But I emailed him to ask what it actually was so Craig and I could figure out a little bit more closely like what might actually be happening here. I’m a little concerned that it could be a situation like The Disaster Artist. And we haven’t gotten into that because we just don’t know all the details yet, but essentially the lawsuit that was filed in The Disaster Artist was a very different kind of suit than we’ve seen in other things where like, “Oh, I sold my script” because clearly this person was writing a script for the actor and director of the film, but then other writers ended up writing a completely different script. And it became really unclear where this person’s script fell in the chain of title, or if there was a chain of title. It was a mess.

I’m worried that Jay’s situation may be a mess for some things we just don’t know about. So, that it wasn’t really a major, or sometimes – I remember back when I worked with Miramax, Miramax would have a whole separate arm that would buy non-WGA stuff. And that it could be some sort of weird arm’s length thing that they’re doing when they bought this thing. Or they bought it basically just for the title.

So, I’m a little concerned that there’s something going on here that we don’t know.

What I will say to Jay is don’t just sit on your hands and say like, “Oh I hope this all works out OK.” If you sold this thing, then you have an agent, a manager, a lawyer. You have somebody who represented you. Call them right now and ask. And then figure out who you sold it to and call them and ask what’s going on with this. Because just delaying and delaying, all you’re going to do is increase your anxiety. And you’re not going to make it worse for yourself by asking.

**Craig:** Right.

**John:** Ask now. Figure out what’s going on. Because it sounds like a situation where there should be a WGA credit arbitration. But if there’s not going to be one, you need to know that now.

**Craig:** Best advice.

**John:** Cool. Do you want to take Peter’s question?

**Craig:** Yeah. We’ve got Peter writing in. He says, “My wife was a full-time writer on a network late night show and now she has a successful full-time show of her own on a major podcast network. Two shows a week. But it is not a WGA show, which leads to my question do you have any suggestions on how to keep our health benefits through the WGA?”

All right, John, so she is doing a podcast. It’s not WGA. What does she do? What do they do?

**John:** Well, I don’t know of any WGA podcasts, but there probably should be and probably will be in the future because I think podcasts are occupying a space that feels a lot like what television has been in the past. What those deals are going to look like, I don’t know. But I think that’s a thing that will be coming at some point.

But at some point will not get you WGA insurance right now. So, if I were in your situation, Peter, I would encourage you to encourage your wife to find some WGA employment, writing on something that is covered by the WGA contract so she will earn WGA money that will pay for the health plan. Because WGA health insurance is fantastic and keeping it is a very good idea. So, if she can find some writing for some other late night show, for some other WGA-covered program, I think it’s probably worth it for her to be doing that because as busy as she probably is doing her own podcast, you know, keeping that WGA coverage is really a good idea.

**Craig:** Yeah. There’s nothing that is going to happen now in terms of this podcasting, even if down the line the WGA starts making deals for podcasts, it’s quite likely that the initial deals won’t involve health. I mean, the contributions from the employers to healthcare are the single largest expense that they incur as a result of their deal with the WGA, I think even more than residuals. I could be wrong about that, but it’s a lot.

And so all I can say Peter is if she’s loving this job and loving what she’s doing, maybe whatever you’re doing on your side can get you guys some health insurance because it’s not going to happen through the WGA this way. And there’s really no suggestion of how to keep it. The only way you keep WGA health insurance is by qualifying by hitting the income minimum each year. And if you don’t, then you get a little bit of time with COBRA as an extension. And if you’ve over-earned in prior years you have the point system, so you can use those points to kind of extend it a little bit. But after that, no.

So, check with the plan. Maybe you have some points where you can extend it a little bit. But that’s about it.

**John:** Yeah. This is the brief political rant I’ll have here. The idea that we have to be freaking out about her health insurance and Peter’s health insurance at this moment is maddening to me because it stifles innovation and it stifles this person who has gone off and does something else that’s great because she has to be worried about keeping her health plan. So she may need to go write on a crappy home improvement show just so she can keep her health insurance. And that’s just ridiculous.

**Craig:** Yeah. That’s a whole – you know, that’s a good side podcast, too. Maybe we can solve one of the great intractable problems of American politics. But it does seem like things are happening in a weird way. It was the strange response to Obamacare in our country, followed by the strange response to the threat of taking away Obamacare. We are an irrational people.

**John:** Deeply, deeply.

**Craig:** But things are happening that are different than I have noticed before. And I think the trend is toward universal coverage. That’s the way it feels to me. But it’s a long road ahead.

**John:** Yeah. Everyone outside of the US is saying–

**Craig:** Like what?

**John:** What do you mean? How do you live with this?

**Craig:** Duh.

**John:** Not well.

**Craig:** Yeah, well, yeah. Gina writes, “I optioned a script with a manager about nine months ago, and since then I’m not happy with the manager.” OK, Gina, you’re in my wheelhouse now. “And plan on cancelling our contract when it is up in a couple of months. My question is the script I optioned while with him is in the late stages of development and it’s really picking up steam towards financing. After I leave my current manager, is he still a part of the option? That is to say, does he get his 10% and the money going through him before it gets to me? Am I stuck with him forever on this deal? Or, am I able to dump him and get a new manager by sweetening the pot with a late developed screenplay on the table. After the current screenplay option ends I could sign a new one with the new manager, right?”

John, I like the way Gina thinks. Let me just put out there, I like the way her gears are turning. I like the way she thinks a lot.

**John:** Yeah. Getting rid of bad, unhelpful people is a goal we encourage. So, your situation depends on whatever this contract was you signed with him. There’s probably things beyond that, but this contract will be the thing that determines ultimately I think whether he stays attached to this project or not.

I don’t know what your contract look likes. Manager contracts can look very different. My hunch is you will not be able to shake him completely from this thing because it started underneath his little mantle. But that should not deter you from getting a better person on your team, because waiting it out for the clock to run out is not going to help you.

**Craig:** Yep. OK, so a couple of things, Gina. First of all, take a good careful look at that contract and discuss it with your lawyer. Most of us don’t sign contracts with representation. When they ask you to sign a contract it in general is a red flag. And what I would say to any manager or agent is if you need me to guarantee to you that I’m not going to leave for a while, that does not speak well of you. You should have the confidence to know that I’m going to stay because you’re doing your job well.

That aside, in these contracts very typically there will be an escape clause that says something like “You are bound to be the client for a two-year period, however this contract can be nullified if employment does not occur within any consecutive 90-day period,” let’s say. So you have to take a careful look at that and see if perhaps you can escape based on that clause alone. Because options are not employment. And, in fact, you’re saying, “Well, it’s in the late stages of development,” but have you been employed?

Right, so anyway, take a look at that. Second thing: after you leave your current manager, is he still part of the option – does he get his 10%? OK, so here’s the deal. Managers are not agents. Agents are attached to deals permanently. Agents are also bound by the Talent Agency Act. Managers aren’t. That gives them certain upsides, but also certain downsides. The way it has been explained to me by an attorney, and this was proven in my case through jurisprudence, managers are what they call on the wheel/off the wheel. They are not being paid for a deal. They are being paid for their ongoing services to you on a day-to-day basis. Meaning the day they stop working for you as a manager is the day you stop paying them.

So, there are a lot of ways to handle this. There are also things that you can – look, it depends on how unhappy you are with this manager. If you’re really unhappy, well talk to your lawyer and take a careful look and see if he’s violated the Talent Agency Act by attempting to procure you employment. And if you have proof of that that’s one phone call to the Labor Bureau in California and suddenly you have quite a bit of leverage there.

This is why I’m not generally a fan of the way a lot of these managers operate. You have more leverage I think than you realize. Definitely talk to your lawyer.

**John:** Great. I’ll go back to the first sentence here: I optioned a script with a manager about nine months ago. I don’t quite know what that means. And so I don’t know whether that manager signed on as a producer or kind of what happened there. I’d look at sort of what the actual agreement was there between you and this person who is a manager, but sometimes managers are also producers. If it’s a producer situation, whatever the deal is there is going to show up in that contract.

**Craig:** Yeah, you know what? There is an ambiguity there because the way I read it was that she optioned a script and the manager was along with her when they optioned it to a studio. But you’re right. It could be that he optioned the script, or she optioned the script, and then they’re acting as a producer. This is why I don’t like managers.

**John:** Yep.

**Craig:** Ugh.

**John:** It’s also why we don’t want agents to be doing managerial jobs, which they increasingly are doing.

**Craig:** God no.

**John:** God no.

**Craig:** Let’s hear from Mark.

**John:** Mark says, “I recently completed my first historical feature script and I’m currently looking for my next topic to tackle in the genre. However, I recently found out the historical figure I wanted to write about already has a major spec script sold about him with A-list actors attached to boot. I brushed it off and pivoted to a new historical event that was less famous, only to find out that this subject is also in development with A-list talent attached. Granted, one of the scripts has been in ‘production hell’ for over a decade. And the other is a fairly different take on my subject compared to what I had in mind.

“So should I just continue writing on these topics and hope that preexisting projects stay in production purgatory? And/or bank on my take on the subject matter being different enough? Or should I move on to a seemingly original topic to tackle?”

Craig, what should Mark do, our historical fiction writer?

**Craig:** Mark should stand still while I approach him and slap him. Slap! What do the five fingers say to Mark? Slap.

Mark, listen to me. Listen carefully. Everybody that anyone has ever heard of has a script about them in development somehow somewhere. Everybody. There are 12 different Winston Churchills on screens at any given moment on any given day all across the world. 10. 12. 15. Possibly 20 Churchills. It never ends. OK?

You will – listen to me, Mark – you will not care about that stuff. You will write your script. Either your script will or will not get made, but if it is beautiful and it is wonderful it is going to do wonders for you. The fact that one of the scripts you’re worried about has been kicking around for over a decade, well what else do you need to know? And the other one is a different take on this. You’re being way too concerned and scared and timid. My guess is that the historical figure you wanted to write about was a pretty brave person. Perhaps take some inspiration from them. And get back in there and do what you want to do. Write what you want to write. That will be the best script you are capable of writing.

**John:** Yep. I’d also say to Mark that it seems like your deal is that you love historical fiction about events and people of the past. If that’s your lane, stay in that lane. Do that thing and write really good scripts in there. And it’s helpful I think at the beginning to be a little bit stereotyped because then they know to go to you with that thing. So, don’t worry about it. Write the best script you can and then write the next best script you can.

**Craig:** That’s exactly right.

**John:** Cool. It is time for our One Cool Things. Craig? Oh, I know your One Cool Thing.

**Craig:** Well, I’ve been obsessed with this now for weeks. I think it went viral basically. There is an old advert, as they say in the UK, put out by the British Pork Counsel, Concern, you know, like these industry organizations that promote a particular meat or drink.

**John:** Milk does a body good.

**Craig:** There you go. Exactly. Pork, it’s what’s for dinner. Or Beef, sorry, Beef, it’s what’s for dinner. That was a–

**John:** Pork is the other white meat.

**Craig:** Pork was the other white meat. That was the American version. Well, in England back in the ‘80s there was an ad for British pork and I think the slogan was, “It’s got the lot,” meaning it’s got everything. But what is fascinating about this ad is that it is – it features a family. There is a man and his wife, and they’ve got friends and perhaps their children, all sitting around a table having lunch on Sunday. And they are serving roast pork.

And the man delivers all of the dialogue. No one else is allowed to talk. And it is the creepiest thing I think I’ve ever seen. What he’s saying is creepy. The way he says it is creepy. The way he says it is creepy. The way he looks at the camera, at you at home, implies that this is not really about pork at all. That he’s a killer. And that this may be – he may have killed Nana. This might not be pork. And he’s threatening you is really what he’s doing. It’s threatening. You feel unsafe watching it. It is astonishing that it was ever approved, written or approved, and put on the air in the first place.

Well, we have it for you to watch. I don’t know what to say. Just enjoy the subtle insanity of this British pork ad.

**John:** Yeah. So I have it paused here on my screen. And I had not really noticed, because I have only seen it on my phone, so now I get to see it on a bigger screen. It’s so fascinating, like the table they’re sitting at is incredibly tiny.

**Craig:** Yes.

**John:** Tiny in a way that doesn’t seem that it could possibly be real. And it’s also a great thing to look at because you might have a question like what are eye lines. What is that term? Eye lines are not what this ad should teach you. Because he’s looking in really strange places. And when people look up at him, they’re not looking all the way in the wrong direction. It’s not like crossing the line problem. But they’re not looking at him. And it feels like a character choice, like I don’t want to look directly at him because he scares me.

**Craig:** Right.

**John:** When the wife looks up at him in his general direction, and she quickly looks down, it’s just so fascinating. And it’s such a great example of how even if you took out his oddly menacing tone, you would know there is something deeply wrong in this family.

**Craig:** No, there’s something really – and I’ve been trying to figure out what’s going on. All right, eye line wise, so what’s happening is he’s standing over this pork. And he’s apparently going to slice it up and hand it out, but everybody already has their food completely. So I don’t know what he’s doing standing over this pork anyway.

But the next time we see him, the way he’s standing is such that when they go in close it appears that he’s sitting. His posture is odd. So then people are looking up at him, but it appears that he’s sitting, so the eye lines are bizarre. And what he’s saying – what he starts is, “My wife, she’s got what it takes.” She’s got what it takes. Which is the weirdest. Like what do you mean she has what it takes? This is about sex? What is this about? My wife has what it takes?

And then he starts talking about pork, which is a total non-sequitur. And he starts talking about how they have plenty. You know, he’s got plenty. They’ve got plenty. We’ve all got plenty. And when he says, “We’ve all got plenty,” it’s like he’s saying “Don’t you dare tell me that we don’t have enough meat in this house. Screw you, man.“

And then he returns once again to his, “My wife.” And it goes to her. And she looks so terrified, and is so clearly not allowed to speak. It is awesome. It’s awesome. I’ve watched it 100 times.

**John:** Yeah. So I think some of the backstory on this is this from 1984 apparently. These are times of trouble. This is like an economic downtown. This is not the peak of success. And so to have pork for Sunday dinner was considered not necessarily extravagant, but like the sense of like we’ve got plenty is like “I’m able to provide for my family.”

**Craig:** Right. I get that.

**John:** So you as the homemaker should be cooking a Sunday ham to prove that I am a successful breadwinner.

**Craig:** Yeah. It definitely is Thatcher-era, what do they call it, austerity. And he’s saying essentially, yes, that we won’t be hungry today. But he’s doing it in such a way that you think if I don’t get pork, a steady of supply of pork, to feed these people – who by the way are dressed in suits for some reason. If I don’t get this pork, I’m coming for you. I’ll cut your throat. You’ll be my pork. He’s terrifying.

**John:** Yeah. And the fact that he’s addressing camera directly. I mean, it’s a little unclear whether his eye line is supposed to be down the lens to us, or that he’s talking to somebody else. But no one else seems to be hearing him.

And it is a strange thing in commercials where the actors will sometimes address camera directly, even though there’s other people around them. But this doesn’t work.

**Craig:** No.

**John:** It’s like an Uncanny Valley situation here.

**Craig:** Oh, it’s so weird.

**John:** It’s not quite to us. It’s not quite to them.

**Craig:** And it’s so quiet in the room. And you just hear the clinking of – you understand that what happened is he said, “I’m going to talk to my imaginary friends about this pork. You’re all going to sit and eat it. You’re not going to say a damn word. None of you. Not one word. Do you understand?”

And they’re all like, mm-hmm. “And when I point at you, you smile.” OK daddy. Please. “Good.”

It’s so great. What’s your One Cool Thing, John?

**John:** My One Cool Thing is the pilot for Champions on NBC. So Champions is a new show, a half-hour comedy, written by Charlie Grandy and Mindy Kaling. This pilot is directed by Michael Spiller. What I really admired about it is how it makes me remember how much information you have to pack into a pilot.

And so with the pilot episode like every time you’re going to a new set you have to establish that set. You have to establish who those people are in this set. You have to actually do the jokes, and be funny, and move the character things along, move the plot along. And pilots are just this weird beast. And I thought it was just a really great example of form of this really strange weird beast we do.

It made me think back to the first episode of 30 Rock where you have to set up Liz Lemon and Jack Donaghy who is taking over as the new boss. And what their whole dynamic is going to be. And their sets. And sort of what the show is trying to do. Yet it’s all for the first time. And so this was just a very good recent example, I thought, of how a pilot does all these things and sets all these wheels in motion.

And it’s so breakneck speed because there’s just so much to cram in. But just remarkably well done. Like you can actually still feel all the jokes in there. You can feel it all working. So, I just – I’ve never written a half-hour. I don’t think I ever could do it. But it was just an impressive version of like what a half-hour pilot can do.

And I wonder if I would be able to read it on the page and really see what was going to need to happen in front of the lens to make that all work. So, the writing was great, but I thought it was also really nicely directed.

**Craig:** Well this is why the writer of the pilot and the director of the pilot are handsomely compensated for the run of a show, because they really do set so many things in motion in that first. In a network pilot, you’re talking 23 minutes effectively?

**John:** Yeah.

**Craig:** It’s an astonishingly restrictive writing form and therefore it requires enormous craft. And, again, I will just say all awards should be given to comedies. All of them. Even best drama should be given to comedy as far as I’m concerned.

**John:** Absolutely true. So check that out. I have a link to the little trailer in YouTube, but you can also check out the full episodes on iTunes or probably NBC.com.

Cool. That’s our show for this week. As always, our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Rajesh Naroth. If you have an outro, you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions or follow up like the things we answered today.

For short questions on Twitter, Craig is @clmazin. I am @johnaugust. We’re on Facebook. Search for Scriptnotes Podcast. You can find us on Apple Podcasts, or wherever you get your podcasts. Just search for Scriptnotes. Leave us a review. We love those reviews.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts. We still get those up about a week after the episode. And you can find all the back episodes at Scriptnotes.net or on the USB drive which you can find at store.johnaugust.com.

**Craig:** Hmm.

**John:** Hmm.

**Craig:** Hmm.

**John:** We’ve got plenty.

**Craig:** We’ve all got plenty. Plenty to go around.

**John:** Have a good week.

**Craig:** Take it easy, John.

**John:** Bye.

Links:

* [Alto’s Odyssey](http://www.altosodyssey.com/)
* An ambiguously threatening advertisement for [British pork](https://www.youtube.com/watch?v=r0wDjWOnHcY) from 1984
* [Champions](https://www.youtube.com/watch?v=UsobbyIvPn8) on [NBC](https://www.nbc.com/champions?nbc=1), created by Charlie Grandy and Mindy Kaling, directed by Michael Spiller
* [The Scriptnotes Listeners’ Guide!](http://johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Rajesh Naroth ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_342.mp3).

Scriptnotes, Ep 333: The End of the Beginning — Transcript

January 16, 2018 Scriptnotes Transcript

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

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

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

**John:** And this is Episode 333 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast we’re going to be taking a listener question about getting through the first act to look at the bigger issues of how we get our scripts on the right track to begin with. Then we’ll be looking at the role of writing and writers in creating VR, AR, and other immersive experiences.

Craig, you are in Seattle. How is that as an immersive experience?

**Craig:** Seattle is a great city. I really like it up here. It is verdant, as we like to say. It’s got that kind of – well, I’d guess you’d say a big city vibe but little city kind of vibe at the same time. It reminds me a little bit in that way of Boston or San Francisco. You kind of have the best of both worlds. Super educated. Very progressive town. Honestly, it just feels like a lot of LA to me, except colder, wetter. The time is the same. You know, you don’t have the time change problem.

So, it’s nice. We’re up here just for a few days. My son is taking a look at some potential colleges and things like that. And, you know, just chilling.

**John:** Cool. We are trying to figure out a date for us to come up to see Seattle and talk to screenwriters up there. Maybe this summer? It’s all really depending on really kind of Craig, because Craig’s schedule is crazy, because he’s making a giant TV show for HBO.

**Craig:** Yeah.

**John:** But we’d love to come up there. So if we have dates, we will share them as soon as we know.

**Craig:** As soon as we know.

**John:** Last week you were absolutely correct. You diagnosed me over the air with a sinus infection. That is in fact correct.

**Craig:** Nailed it.

**John:** I’m on my heavy antibiotics. I feel much better. I don’t really sound better, but people will suffer through my nasally voice for one more week hopefully and then I’ll be better.

**Craig:** And what did they lob at you?

**John:** It is not a Z-Pack because it had been going on long enough that they put me on a different antibiotic. I also have some Mucinex, I have two different kinds of Mucinex to take.

**Craig:** Sure.

**John:** My saline nasal spray. I have other stuff for kind of emergencies. But I really do feel quite a bit better. I was able to fly yesterday without my ears exploding, so I was very happy with the progress so far.

**Craig:** It’s amazing how quickly the antibiotics will turn around an infection like that. And let’s just all pray that we don’t ultimately succumb to bacteria that don’t care about our antibiotics. It’s a real thing. Because, you know, the problem with sinus infections, there are very few blood vessels running through there, so you have to actually bomb your system with a pretty sizable amount of antibiotics just to reach those little nooks and crannies up there. It’s atrocious.

And, also, the clearest evidence we have, I believe, that there is no intelligent design of human beings, the sinuses are absurd. They’re so dumb.

**John:** Yeah. Hopefully they’ll be restored to full functionality soon enough and we’ll be good. My question is would our voices be the same? Our voices would not be the same without our sinuses. So we have to credit some of our wonderful resonant human voices to the bizarre structure of our sinuses.

**Craig:** I don’t know. I guess a little bit. But, I mean, you’ve got a big hole that runs from your nose down to the back of your throat. That’s why we can breathe through our nose. But the sinuses that are in our cheeks and our foreheads, I don’t know if they’re doing that much for resonance. But, yeah, I’ll give you this. Maybe we wouldn’t have – maybe we wouldn’t have Barbra without the sinuses.

**John:** Yep. All right, let’s do some follow-up. Man, this is going back so, so far. Why don’t you try Richard’s question here.

**Craig:** OK. This is from Richard. “I’m writing as a long-time listener with an update to a question I asked all the way back in Episode 3. That’s right, not a typo, Episode 3 from 2011. How simple life seemed back then, right?” An aside, yes. Right. It did.

**John:** Yes.

**Craig:** It did. Oh, 2011, how we miss you. Richard goes on, “Back then I asked as a prospective parent what it’s like raising a child while trying to break in as a screenwriter. You both gave some great perspective about how it’s tough but doable. Well, I wanted to let you know that last year, 2017, I was admitted into the WGA having written two freelance episodes of TV, but better yet my daughter turned five.” Awesome.

“Somehow, through perseverance, discipline, luck, moxie, and a very, very patient wife I was able to become a writer and a parent in these past six years. I’m now preparing to go out for staffing season this year and transition to a fulltime TV writer. I find you both inspirations as writers and people. Your podcast has given me an education and a sense of hope.”

Holy cajole, thank you, Richard.

**John:** That’s very nice. What a lovely way to start 2018 with a follow-up from six years ago. So, congratulations on being a parent. Congratulations on being a paid writer, a working writer who is now a member of the WGA.

Some clarification for people who don’t know, freelance episodes of TV series are – a lot of US TV shows are written by staff. And so the staff is assembled and they put together the whole season of television. There are also freelance episodes. And there are requirements that change and it’s all complicated, but some episodes of network TV shows are intended to be farmed out to somebody who is not a member of the staff, or for other reasons they’ll bring on an outside person to write an episode of a TV series. That sounds like what happened to Richard and that’s fantastic for Richard.

So something else he wrote attracted the attention of the showrunner, or other decision maker there, and said like, “You know what, let’s give that guy a script.” And Richard apparently did well enough to do it twice last season and now he is a paid writer writing under a WGA contract, which is fantastic.

**Craig:** That is. It used to be, I think, a lot of these freelance jobs existed. As I recall friends telling me, they sort of disappeared, but not completely. And so it’s good to see that Richard got that. And really cool to see that, Richard, our podcast is older than your child. I like that.

**John:** Yeah. It’s nice to see.

**Craig:** You know, your kid will always be younger than our show. Thanks for listening for all this time and we’re glad we have helped.

John, we’ve got some more follow-up from Laurie.

**John:** Laurie from Episode 331 writes, “Why are you so adamantly against work-for-hire? Are you saying that non-WGA screenwriters should turn down paid ghostwriting gigs? If the price is right, and the client insists on such terms, that is the alternative is no work and no money, what’s the downside for the writer?”

Craig, what is the downside?

**Craig:** Well, I don’t think, Laurie, that we’re adamantly against work-for-hire in the essence of it, because John and I both work in that capacity all day long, work-for-hire for studios.

What we’re concerned about, and yes, we are saying non-WGA screenwriters should turn down paid ghostwriting gigs. What we’re concerned about and what the downside is is not the downside for you individually in the moment, although there is one, but rather the collective downside for all of us. Because you’re essentially pushing down the nature of the work around us. Anytime somebody shows up and works for less than minimum wage, for instance, they are harming all minimum wage workers. I think we can all agree on that.

Well, in our business of professional television and movie writing, we have minimum wages. We also have some other protections that are minimum protections like our credit protections. When other people show up and work for less and under conditions where they don’t get credit, or paid properly for their work, or residuals, they essentially put pressure on the rest of the world. Not only do they make their lives worse in that moment, but they make other people’s lives worse.

Yes, in that moment you will get paid as opposed to not being paid, possibly, although I would argue you could take a stand. But what are you essentially doing is mortgaging your future to make a little bit of money right now. And you’re also harming everybody else’s.

So, the downside is not so much for the writer. The downside is for writers. I don’t think it’s too much of a stretch, Laurie, to say that writers who are hired with money to write things should be able to write, if they so choose, under their own name. They should receive credit for the work they do and they should be compensated fairly. To me, that is not being adamantly against something, it is being reasonably for something.

**John:** Absolutely. So work-for-hire is common across all industries. So it’s not just writers, there’s artists, there’s other folks who work-for-hire. And we are really working-for-hire when studios employ us to work on screenplays. But they’re hiring us under very specific circumstances and conditions because of the union that we have. And if you talk to people in other industries, or writers who are doing the kinds of things that aren’t covered by the WGA contract, they would love to have some of the protections and some of the guarantees that we have. And so I don’t want to dismiss the possibility that there are writers who are working on movie stuff that is not covered and for other reasons maybe can’t be covered because of the weird esoteric conditions, but the aspiration should be to get that work covered and get that work paid fairly and those writers treated fairly. Do screenwriting on feature projects or television projects that could be covered under a contract because you are not just hurting yourself, you’re hurting everybody else who could be doing that work.

**Craig:** Hallelujah.

**John:** All right. Let’s move on to our marquee topic of the day. This is a question that came in from Dr. Cakey, and he sent audio, so we’re going to listen to Dr. Cakey’s question.

**Craig:** All right.

**Dr. Cakey:** To give some context for my unfortunately long question, I write almost constantly, either actually writing pages or more in the notes phase. But despite that, I almost always fizzle out very early on to the point that I finish less than one, even the messiest rough draft, per year. If you have a magical solution to that, I’m certainly open. But otherwise I think a place, or the place that stymies me, the place where I lose my way is what’s in the three-act structure term’s the second half of the first act. That is the incident has incited, the ball has been kicked, but its flight hasn’t yet stabilized.

The transitional period between what the story is going to be about, you know, crystallizing, and the protagonist actually doing that story. The period between Luke Skywalker seeing Leia’s message and him in the Millennium Falcon shooting TIE Fighters, and getting between those two points.

Because this is a period in the story rather than a point in it, I feel like that’s why it’s difficult to talk about, or why I haven’t seen people talking about it. And it’s also why it’s something I can’t find when I outline. So if you have advice about this space between inciting the story and beginning it, I’d appreciate it.

**John:** So an interesting topic and one we’ve never specifically dug into in these first 332 episodes. So, let’s talk a little bit about what we mean by the first act, because anyone who has picked up a book on screenwriting has probably heard the descriptions of what a first act, a second act, and a third act is. But just so we’re all talking about the same things. First act is the beginning of your movie. It’s usually the first quarter to a third of your movie. You’re meeting the characters. You’re setting up the world. You’re setting up the situation.

In the very classic sort of screenwriting book, the end of the first act is this big pivotal turn where everything is different. It’s the Dorothy, we’re not in Kansas anymore. Then you go into the second act which is sort of your biggest act. It can sort of be twice the size of your first and your third acts. That’s where the meat of your story is happening. The end of your second act is the moment of final crisis, the big worst-of-the-worst kind of twist. And then you get to your third act and the movie wraps itself up.

So, what he is describing, Dr. Cakey, is that moment after you’ve sort of first set things up, that inciting incident has happened, the fuse has been kind of lit, but before the character has really fully undertaken this journey. And that seems to be where he’s struggling.

**Craig:** Yeah. Well, I tend to think about these things entirely in terms of character. And in terms of the psychology of the character. Because you and I, when we’re doing this, we are in full control. The character isn’t. The character is as close to a real person as we can fashion. But we, as the writers, well we’re in perfect control. So everything we’re doing is intentional.

When I think about the character in the beginning of the story, this is a person who has achieved some ability to survive in the world a certain way. And then you, the writer, have upended things. People call this the inciting incident, and so on and so forth. And that’s, I think, what Dr. Cakey – which I really want to believe is his real name and that he’s a real doctor – Dr. Cakey is describing as the first half of the first act, right.

So, here’s the person. He’s living his life, she’s living her life, and then boom, a thing happens. Everything is rattled up. So, then he knows, Dr. Cakey does, that when we are in our second act some journey of a kind, whether it’s metaphoric or literal, is going to be undertaken. But what happens in between the point of the big shakeup and the going on that journey, the crossing of a threshold?

And to me a lot of times what that section is about, Doctor, is a character resisting and a character contemplating and considering, a character planning, trying to get out of, and then making some sort of bargain with the universe or fate. Characters are I think always on page 15 trying to get back to page 1. And between page 15 and whatever you want to call it, page 30, and please don’t hold me to those page numbers. You know how we are about these sort of things. The character is attempting to wriggle around it. They are meeting people and they are learning things that make it harder for them to wriggle around it, but in short they’re bargaining a bit.

I mean, Luke essentially is, I mean, in Star Wars he’s going to go return the droid and then this guy says, “Kid, come with me and fight the,” and he says, “Nah, that’s not for me. I’ve got to wriggle out of it. You know what? Let me just do one more harvest and then maybe.” He’s bargaining.

And then he goes back and he sees that his aunt and uncle have been murdered. There’s nothing more for him now and so our second act begins. But the second part of the first act for a lot of characters, whether it’s an animated character like Shrek, or a person like Luke Skywalker, or even in romantic comedies, you’re talking about–

**John:** So the decision that the Bill Pullman character is just fine. Like, you know, I don’t need to go off on the better one, I can stay with Pullman.

**Craig:** There you go. Exactly. And so really what – I think what I find helpful, because I think it’s real. It’s not like any of these things were written down by a monk in the 1500s and we just have to follow them blindly. These conventions occur because they mimic in some satisfying way what we know to be true. In your life, Dr. Cakey, if a big boulder comes rolling through and changes things, you are not immediately going to leap into a journey or an action. You are going to spend a little bit of time trying to undo what just happened, trying to make sense of what just happened, trying to excuse it, get out of it, return to where you where, and then once that becomes impossible then you start to think, OK, maybe I can do this, or this if I talk to this person and this person. To me, that’s kind of what it’s about.

**John:** So, what you’re describing is very true and very emotionally accurate to what it would be like to be in those circumstances. It’s also a very classic mythic structure, though. You’re talking about the denial of the call to adventure, which is a very classic sort of moment that heroes go on a classic hero’s journey/quest.

They won’t always have the denial. Like sometimes it won’t be a bad situation that’s forced them into that thing. They actually finally are able to voice that thing that they’ve wanted.

So, you’re talking about something outside coming in and disrupting their life. Sometimes it’s the character’s own want that finally gets expressed. Like this is the thing I want more than anything else, but they’re afraid to sort of fully grapple with it. So that’s another moment you’re going to see in these sort of we’ll say 15 pages, but really after you’ve sort of introduced the character, before they’ve really fully taken on their journey.

But as important as it is to understand this from the character’s perspective, you also have to understand it from the audience’s perspective. The first act is really how you’re teaching the audience how to watch you’re movie. And so in that initial set piece, the initial opening, you’re talking about the world, you’re talking about the characters, the tone, the voice. You’re giving them a sense of what’s important and what’s not important. But it’s after that section, it’s this period that we’re talking about, where you’re really kind of describing the path ahead for that character. What the kinds of things the movie will be doing over the next 90 minutes. And so you’re kind of cordoning off the sections that the character won’t go down, that the story won’t go down, so the audience sitting there in the theater watching it has some sense of what they’re in for.

You’re basically laying out the contract with the audience, like if you give me your attention I will make it worth your while. These are the kinds of things you can expect to see happen. And these are the questions I’m going to set up that I promise I will answer for you over the course of this next 90 minutes if you give me your full attention.

When movies don’t work, when TV shows don’t work, it’s often because that contract wasn’t well written, or was broken essentially by the end of the movie.

**Craig:** Well that’s exactly right. You are not only offering the audience a chance to crawl into your little world and thus give them an orientation tour of it, but you are also establishing a connection with them in terms of your responsibility to them. This portion of the movie is where you get to assure the audience that you’re going to be taking care of them by letting them inside your hero’s mind or thought process in some small way.

Even if the character is thrilled by the boulder that has rolled in, I’m going to go out on a limb and say generally speaking she may want to immediately get in the car and go on that exciting road trip because of what just happened on page 15, but A, she’s not going to want to go on that road trip for the right reason. Something is going to ultimately change with her, so I want to know, I want to get in her mind. I want you to show me her mind so I understand that she has something to learn. That she is not a complete character at this point. And then I want her to, I don’t know, say goodbye to some people. I want her to quit her job. I want her to pack, purchase clothing. I want to see a preparation.

Really, this area is to get ready. All of us, we get to get ready.

**John:** You’re assembling the team. You are figuring out what the path is ahead for you.

Going back to Star Wars, you know, it’s crucial that Luke not only deny the call to adventure, but he goes back and the family is dead. So, we call this burning down the house. You’re essentially making it impossible for them to get back to the life they had on page one through circumstances. Ideally, it’s circumstances that the character themselves have done and not some external force, but it also works if it’s an external force.

But something has changed and you basically said of all the stories this character could go on, the story the character is going to go on for this movie, for this two-hours of time is this story. This is the road ahead for this character. And that’s a crucial thing you’re doing in this period at the end of the first act.

**Craig:** Yeah. I actually don’t necessarily mind if a movie burns the house down, or does something like that in order to force a character to do something as long as I have seen that character refuse to do it prior. Because that does set up a certain tension which is to say, oh OK, now you’re doing it but you didn’t want to. You had to. And eventually you’re going to need to want to. You’re going to need to make this right choice when you can go back to a house.

And that’s a good expectation, but this is all stuff that you are setting up in motion here. You know, you think about the first half of your first act, Dr. Cakey, as who is this person and what is their problem. You can look at the second half of the first act as a little bit of an indication of what the ending of the movie is going to be. Because the motions that they’re going through here should be both in denial of that ending, but also in a sense predicting it.

**John:** So let’s talk about if you’re having problems in this period, what are some things to be looking for? I would start with do you really know what your character wants? And when I say wants, I mean both macro level like what is the overall hope, dream, ambition of the character, but what does the character want moment by moment? It goes back to what Craig was saying about trying to find a way to get back to page one. They probably want to retreat to a place of safety. How do you juggle the very immediate wants, the sort of scene by scene wants, with this bigger sort of emotional want?

Can you hear what the character’s song would be if this was a musical, because this is classically the moment where you’ve already had the “welcome to the world” song. This is the “I Want” song. Well, what is that character’s song? And if they could sing it, what would they be singing? Because that would probably tell you where they’re emotionally at as they’re trying to head into the second act.

Second I’d say have you picked a story that’s interesting to you, or just a character or situation that’s interesting to you? Because maybe it’s a fundamental thing about the nature of the story you’ve chosen, because if you’re not actually that intrigued by the journey, by where they start and where they’re going to, but you really love this character, or you really love this world, or this situation, that may be your problem and that may be why you’re struggling to get through this part of the first act and really only finishing a script in a year is you’re trying to force yourself to be interested in something that’s not fundamentally that interesting to you.

**Craig:** I think also, Doc, if I may, sorry, I think I’m coming down with John’s whatever sinus infection, I think you need to take a step back and start watching some movies that you love that you think you know. And watch them specifically for this. Write down everything that happens in every scene until the first act is over, and then think about what connected you to the second part of that, what you call the first act. Think about it. Really think about what grabbed you and what meant something to you and then ask how that might apply, not the details, but the spirit, how that might apply to what you’re doing.

**John:** The thing I want to stress is we’re talking about first act and second act that like it’s a really natural clear distinction between the two.

**Craig:** No.

**John:** And a lot of times in the movies that I’ve worked on, I would disagree on sort of where the first act is and where the second act. I think it can be kind of arbitrary and honestly invisible. When a movie is working really well you sort of cross over that boundary and you don’t really notice that you’ve crossed over it.

Like, you might check in with a character later on and realize like, oh yeah, they’re in a very different place than they were 20 pages ago, but it wasn’t right on a certain page break where like, oh, suddenly now the curtain closed and now we’re open to act two. It doesn’t often feel that way. So, looking through some of my movies, Charlie and the Chocolate Factory has a very, very obvious act break where we’re outside the factory, then we’re inside the factory. It’s a very different movie and things happen completely differently inside and outside.

But Go really doesn’t have that same kind of break, even though there’s three sections to it they’re all following different stories. Basically each one of those little stories has its three-act structure, its beginning, its middle, and its end.

Big Fish kind of has a first act and a second act, but I would have a hard time pointing at one specific scene that says like, oh, that’s the start of the second act. You know, it’s two characters on two different journeys and you’re following them. And if I’m doing my job correctly, scene by scene, you’re intrigued enough that you’re not really noticing that the landscape underneath your feet has changed.

**Craig:** Sometimes I find myself in a room where a producer and executive are discussing the first act or the second act, and one of them say, “And the first act, you know, I think ends here.” And then the other one will say, “No, I think the first act ends here.” And they’ll start arguing about it. And I will tolerate it, briefly, but eventually I will say you all understand there’s no – the curtain stays open the whole movie. No one cares. Why are we talking about this? Just talk about the movie. Talk about the story.

A proper movie has one act. Beginning, middle, end. That’s it. I don’t get all hung up on this act stuff. I really don’t. And, by the way, I think partly because there are other kinds of entertainment I’ve come to enjoy very much, like say musicals, that are two acts. But, you know, you could also take any two-act musical, ignore the fact that there’s a break in the middle so people can pee basically, and then re-divide that into three if you’d like. Or five. Or seven. You know.

**John:** So both stage musicals and classic broadcast television, they have act breaks because they literally have breaks where they stop the action and go to the next thing. And because they have that mechanical divide, you write them in a very specific way so that you have an intriguing question at the end of an act and then you come into the next act to sort of answer that question.

So, with Big Fish I had to figure out how to both resolve the action and have a big moment, but leave an open question so that the audience has something to talk about over the break and is eager to see that question resolved. In TV, we look at what Aline does with Crazy Ex-Girlfriend, they have to really plan for what those act breaks are. And once you get used to that form of writing for television, with act breaks, it becomes an incredibly useful structuring tool to figure out how you – those become the moments in which you story sort of hangs. You figure out those act breaks first a lot of times and then write to those act breaks. And it’s powerful when you can do it.

When we had our live show and we had Julie Plec talking about the one thing she wishes she could kill, or the lump of coal, it was the six-act structure which is imposed on some broadcast shows now where the acts become so short that like you’re just scrambling to get any meaningful piece of entertainment in between those last commercial breaks.

**Craig:** Yeah, you know, in the writing of Chernobyl I’ve never thought about acts, but not even once. Each episode is an episode. That’s what it is. It’s an episode. Inside of the 60 pages I couldn’t even begin to tell you where there’s acts. It’s just not relevant.

**John:** Yeah. And as we were talking about Game of Thrones and sort of the challenges of that first pilot episode and making it work right, they really weren’t act problems that you were describing. It was audience understanding of what characters were going for. It was audience’s understanding of the world and, yes, those are first act issues because you’re trying to establish things, but they’re really the whole piece issues.

**Craig:** Oh yeah. They had problems at the end of the show when people were showing up and I would say, “Well who’s that?” And I watch Game of Thrones religiously. I couldn’t tell you where an act occurs in any given Game of Thrones episode. Nor could I tell you where an act occurs in any given episode of Breaking Bad or any TV – any episodic TV show, like a 60-minute show. There’s no first, second, third to me. It’s really more about just breaks. It’s different.

In movies, there is this sense of dramatic motion, like “And now the second act is over and the third act begins. Well, the third act seems to be starting a little late.” And I always just giggle. I’m like, is the movie the right length? Then let’s just call to five pages earlier the third – who cares? What are you talking about?

If the movie is the right length and it’s paced properly, I don’t know what any of this jargon means. So hopefully we’ve helped Dr. Cakey without over hammering on the orthodoxy of this act stuff.

**John:** Yeah. So I want to try to square this circle here by saying I think it’s fine to talk about acts while acknowledging that they don’t really exist. What’s useful about talking about acts is we recognize that in most feature films with a central protagonist there’s a journey that happens because these stories happen to a character just once. Like there’s a once in a lifetime thing that is happening to this character that you’re going to kind of naturally flow along a certain path. And one of those paths is going to be leaving this comfortable place and going on a journey.

And not necessarily a literal journey, but some sort of change is going to happen to this character. And in that process of change there are turning points. I think it’s fine to talk about all those things without getting too hung up on “It’s this act, it’s that act, we’re on this page, or that page.” And where I feel the danger is is that somebody at some point read a bunch of scripts and watched a bunch of movies and realized like, oh, it’s happening at this page counts and at this minutes. And that must be how movies work. And they mistook the measurement of the thing for the thing itself.

**Craig:** Yeah. People watch movies and then they confuse symptoms for causes. And they will advise people. You see it all the time. “Well, in the middle of your movie this thing must happen.” OK. Why? “Because it does all the time.” Well, yes, but why? “Just do it. All movies have it.” OK. Well how am I supposed to do it if I don’t know why it’s there? And why did all the people who did it before me who didn’t have you telling them to do it, why did they do it?

And so these are the things that interest me. I’m never concerned about the act effect, which is why I actually like this question because he’s really asking why. Why do these things happen? Yeah.

**John:** So, back in Episode 100 someone asked in the audience, basically I have these two ideas, which one should I write. And I said write the one with the best ending because that’s the one you’re going to finish. I think my advice for Dr. Cakey is as you’re auditioning ideas to write, for you specifically I would say write the one that has the most interesting section of what we’re talking about. Pick the one next to write that has a really fascinating change from the normal world into the – we’ll call it second act – into that journey of like where things are going. Write the one that has a really intriguing moment of that character having to decide to go on that journey, because that’s the one that’s going to probably work best in that section. And it may work best overall for what you’re struggling with.

**Craig:** I’m down with that.

**John:** Let’s go to Nicole in Rome. She writes in with an audio question as well.

**Craig:** Let’s listen.

**Nicole:** Hi John. Hi Craig. My name is Nicole Mosely. I’m listening to your podcast from Rome in Italy. And I’m enjoying it very much. Thank you.

I have a question regarding new formats of storytelling that became possible in the last years. I’m talking about virtual reality, 360 film, and augmented reality. I’d like to know what you guys think about it. Is this the future of filmmaking? Or is it just to hype something that is already dead before it hits the mainstream?

And the thing that would interest me even more is how does it affect storytelling? For example, how do you actually get the viewer to look at what is important and convey story and meaning when it’s no longer you, the screenwriter, but actually the viewer who decides what he’s going to look at? What does all of this mean for dramaturgy like the three-act structure? Does it still apply as it does in non-linear movies, or does it work in a completely different way?

And is that still storytelling? Or would it serve for journalism, education, gaming, and other experiences? Also, the moment we talk about full immersion and the viewer being inside the story, what role does he take on? Is he the protagonist? Or is he a fly on the wall?

I know those are so many questions, but I’d really like to know what your take on all of this is. Thank you.

**John:** It was one of those epic questions that sort of keeps on going. But they’re all related and I think they’re all fair questions to ask.

**Craig:** Yeah.

**John:** From my perspective, I don’t think AR/VR/Immersive storytelling/360 movies, I don’t think they’re the future of cinema. I don’t think they’re the future of moviemaking. But I think they are in our future. I think they are important art forms that need to be talked about in their own way and to try to just say that all movies are going to become them I think is really naïve.

I think they have as much to do with video gaming as they do with traditional movies. I think you have to sort of look at what is the best way to tell a story in those new mediums and not necessarily try to apply everything we’ve learned from TV or from film. Just let them be their own thing.

**Craig:** Yeah. I agree. Well, first of all, Nicole, these are really, really good questions. And I don’t blame you for being a combination of skeptical and also possibly hopeful. I mean, it’s always exciting when these things come along. And then, of course, scary as well. What is it going to mean for all of us?

I think the first thing to understand, at least from my point of view, is that virtual reality/360 film, and augmented reality is – well, let’s leave augmented reality aside. Let’s just talk about VR/360. That already exists. They’re called videogames. The only difference that we’re seeing now is the delivery method which now straps to your head, so you’ve eliminated the space between yourself and the television. So, visually the experience is different. But storytelling-wise it’s the same. You control your point of view in a 360 up and down way the way you do in say Skyrim.

The storytelling that occurs in that format, well, there’s lots of ways of doing it. One way is the kind of it’s open and you discover things as you go. One way is sort of a combination of that, but you are also kind of on rails, so when you attach yourself to a certain story point you follow that little quest and you’re kind of on rails with it. Or you have choices between things to follow. That exists. And I think that when John says games, I think he’s right that this feels more about games to me than movies.

Movies and books and television shows are entirely passive experiences for the audience. They have always been so, with rare exception, and I don’t see any reason why that’s going to go away. That experience is actually the fundamental narrative experience. To read a book. To watch a play. To see a movie. To listen to a song. And we will always come up with other ways to have that experience, but the fundamental experience will always be there. No new technology has gotten rid of the technologies before it. None.

I don’t think there are any story type of technologies that have just simply been eliminated. We just accrue more of them, which I find fascinating.

There are some examples of things that are happening. One of the people that we want to talk to is Ed Solomon who has put together this crazy thing with I think Soderbergh, right?

**John:** Yeah, exactly. Mosaic.

**Craig:** Yeah, Mosaic, which is very much a kind of, OK, choose your own adventure style parallel storyline. Everything all adds up. Lots of different points. And it will end differently depending on what you’re doing. But, of course, no matter how complex you make these things, and we will talk to Ed about it, it comes down to, well, it’s written right? It’s written.

So, yes, these things are kinds of storytelling. They are all sorts of storytelling. And just as there are simple children’s books you can read and then these very complicated children’s books that aren’t really for children but more like for adults that involve moving back and around and turning things upside down.

Did you ever read – there’s just all these multimedia things and ways to do storytelling. And so I guess I’m going to say, Nicole, all of it is going to happen. None of it is going to eliminate anything else. That’s my crazy point of view. It will accumulate, but it will not eliminate.

**John:** Absolutely. I think the question that’s sort of underlying what Nicole is asking is how do you write it. How will we figure out how to write it? And we’re still grappling with that. I think we’re still grappling with how to write certain kinds of videogames. Like videogame writing has improved dramatically, but it’s a very different kind of writing than what we’re used to. Because usually when we’re talking about a book, we’re talking about a play, we’re talking about a movie, it’s one shot straight through. And we know exactly what we’re going to be looking at. We can direct the viewer’s attention completely.

But in a videogame you may not have that option because the character could do a thousand different things. It’s a forking branching paths, and so you have to plan your writing for all the different scenarios they could come across.

A similar thing happens with immersive theater. So, Sleep No More, New York, or I went to Safe House 77 here in Los Angeles, and those are situations where parts of it are clearly written and controlled and there’s a whole plan for this is going to happen at this moment. There’s a timeline in which things happen. But you can’t know for sure that a certain person in that audience was looking where you wanted them to look, or was interacting the way you wanted them to interact. You can direct your actors to do certain things, but the audience can change that as well. They have to be able to sometimes improvise based on what’s happening in the space. So every time is different.

So that’s still playwriting to some degree, but it’s also a different thing. And I think to try to force it to become the future of something, or to be like something else, is limiting its potential.

I would say when you’re grappling with AR/VR/360/some new storytelling mechanism/an alternative reality game, always great to take lessons from what other things have done before it, but you really are walking into uncharted lands. And enjoy that uncharted landness. I think it’s important to be able to not limit yourself because the movie version of it would have done this. Well, you’re not making a movie. You’re making something else. What is going to be the cool experience? What is going to be the thing that people will take with them?

And one of Nicole’s great questions is are you a spectator or a participant as a viewer? Are you changing the story? Are you making the story move around? Or are you a fly on the wall? Both can work, but that’s a fundamental choice you’re going to have to make early on in any of these projects is to what degree are you participating in the story versus watching.

Jordan Mechner who did Prince of Persia, he really describes his games as being like you are the hero of the game. You have to think about every action being you are the protagonist doing it. So, if you’re watching people have a scene around you that is a failure. You have to be driving the scenes that you’re in.

**Craig:** Yeah. A lot of it reminds me of magic in the sense that you are implying a certain amount of choice to the audience that they don’t have. Pick a card, any card. I know what card you’re picking. Or it doesn’t matter what card you’re picking. You’re going to think that it’s this card. This is what craft is all about, right? So, when we do these things, I think videogames do it all the time, they make you think that you’re making a million choices. They make you think that you are somehow going to change the ending of something. But sooner or later the debt comes to be owed.

And the debt is to story. It’s to narrative. Mass Effect had a little bit of a problem when they arrived at the end of their trilogy of a billion user choices only to realize, “Uh, we have to give an ending. And the ending has to cover at least an enormous amount of these possible choices. So, let’s go with three of them,” and everybody went bananas.

And I understood why they went bananas, because the game had promised a certain kind of something it could not deliver. I played it. I played them. They made you feel like the choices you made mattered and you had many, many multiple choices. But in the end really they were kind of squishing you towards two poles, which were manageable narratively. And then some other things that occurred, which were managed narratively, but you know, it comes down to decision tree. No game, no piece of art can offer you a decision tree that is as complex as just walking down the street to the 7-11 is in real life. Because there is an end, right? The show ends, therefore work backwards from that.

So, I think, Nicole, no matter what happens it’s our brains that will always be the sticking point. That’s sort of the log jam. We have to deal with our brains. And people’s brains do require a certain kind of firm narrative to cling to one way or the other.

**John:** Circling back to Dr. Cakey’s question, I feel like this is also a case of the contract you’re making with the viewer, the participant, whatever you want to call the person who is experiencing the art that you’re making. It’s quite early on, the first few minutes, you are going to be establishing these are the kinds of things that can happen. These are going to be your responsibilities. These are going to be my responsibilities. Together we’re going to make this all work. And in a film or television show, it’s one kind of contract. In an immersive theater piece or in AR/VR, something that’s 360, it’s a different kind of contract. But it has to be there and you have to recognize that whether you’re explicitly stating it or just sort of implying it, people are going to have expectations about where you’re going. And so as long as you’re going in a place that meets their expectations and hopefully surpasses their expectations you’ll have a good experience.

Where it’s just confusing, or I just don’t even know what I’m supposed to be looking at, that’s where these projects tend to fall apart.

**Craig:** Yep. 100%.

**John:** Cool. Do you want to take Melissa’s question?

**Craig:** Yeah, Melissa in Eugene, Oregon, not too far from where I am now, asks, “I’m writing because last year I made it to the semifinal round of the Nicholl Fellowship,” congrats Melissa, “and ended up getting some inquiries from managers and producers based on that. The majority of people that reached out asked for the whole script, but two people asked for a writing sample.

“Is there an industry standard as to what a writing sample should consist of? The first ten pages? Any ten pages? The first act? Or is this generally up to the individual writer? Any advice you can give would be appreciated.”

John, what do you make of this?

**John:** Great. I don’t really know what to make of it because I’ve never been asked to send in a writing sample that wasn’t the whole thing. Because honestly I feel like you can send the whole script and if they just didn’t finish the script that’s up to them. We talk to a lot of people who read scripts for a living, who are staffing, and they stop whenever they stop, or they skim through stuff. We had these agents on for the last Three Page Challenge and they said like, “Yeah, we’ll start reading and then when we get bored we’ll skim.”

If they’re asking for a sample, it makes it sound clear that they don’t want the whole script, I would send them ten pages. And ten pages doesn’t feel like a lot and I think if you’re sending ten pages, I’d send them the first ten pages I should stress. And that’s not a lot. If they like the ten pages they can always ask for more. Craig, what’s your instinct?

**Craig:** I wouldn’t do that. Because here’s the thing. You have gotten inquiries, Melissa, from managers and producers based on making it to the semifinal round. The majority of people will ask for the whole script. That implies to me they haven’t read it. Two people asked for a writing sample, I wonder if that means we’ve read your script that was in the semifinal round. Can you please send more?

No matter what, I would never send anything less than a complete script. Because like John said, especially now in the age of PDFs where we’re not creating extra weight on their desk, they can read as much as they want. The script is a writing sample, top to bottom. If you send ten pages and they love it, the problem is they may go, “Great. I’ll ask her for the rest of those later,” but then a couple days go by and something happens and they’ve forgotten. But a script is a script. So, I would just send the whole script every time. If they ask for a writing sample and you’re not sure if they’ve read your Nicholl script, send the Nicholl script and something else.

If you don’t have another script, just resend the Nicholl script and say this is what I have so far.

**John:** Yeah. I think you are right and I’m going to sort of retract my previous advice. I guess I really can’t make a strong case for the ten pages. I think I may have been thinking about writing packet submissions, which are for a very specific kind of thing, and the WGA has been addressing abuses in that world.

The other thing I’ll say is it’s not even that we’re shipping big chunks of paper around, or even attaching PDFS. If you stick a link on there saying here are some things I’ve written that you may enjoy, then you’re sending two of those things and they’re basically just Dropbox links they’re going to open or not open.

**Craig:** Right.

**John:** Great. You’re really creating very little burden for them to do it. Just make sure you’re steering them to the thing you think is your best work, the thing that is going to best showcase what you’re able to bring.

**Craig:** That’s exactly right. You know what? Every now and then, John, I feel like we actually answer a question.

**John:** Oh, that’s so nice.

**Craig:** A lot of times, you know, listen, I’m not dissuading people from writing in. We do our best. Some of these questions you people ask are not answerable. You realize that. We do our best. But every now and then I feel like we nail it. And we’re definitely going to nail this next one. Definitely.

**John:** All right. Let’s bring in our next and our last one. It’s the last one in our list here. It’s from Will in Toronto. He writes, “How feasible is adapting a novel into a screenplay? Does the red tape of IP and rights make an adaptation virtually unreasonable to focus on or even impossible? I came across a novel in the past few months that would serve as a brilliant screenplay, but should I give it my undivided time and effort if it’s going to be ultimately denied?”

So, this is a very fundamental question but also a naïve question and I think a question that we can frame out for Will here in this discussion. Yes, a lot of books are adapted into movies. And sometimes those books are optioned by studios or producers who say like, “Hey, let us borrow the rights to your book and we may make a movie out of it. We’ll pay you a small amount of money. We’ll pay you more money if we make it. We’re going to hire a writer to work on this.”

That happens. That’s a lot of what I do is adapting books into movies. Individual writers can also option books. So, you, Will, in Toronto, if there’s a book that you love that you thought could be a movie and you felt like you could convince that author to sign over the rights, to option those rights to you, you could option those rights from that author and do it.

I’m sure on previous episodes we’ve talked about optioning stuff, about adapting other work. But I think you are fundamentally asking is this a thing you should be thinking about doing. I don’t think it’s the first script you should write is an adaptation. I think you need to learn how to write screenplays first. And I think you need to write one or two screenplays that are just yours, that are just entirely your things that you own every piece of.

And then if you want to circle back around to that book to adapt, go for it. Craig, what do you think?

**Craig:** I think you did it. I think you nailed it, John. I predicted that this question would get answered firmly and completely and you did it. I have nothing to add except this tiny piece of information. When John says, “Hey Will, maybe you could find this author and option the rights yourself.” That is absolutely true. And it may cost you a dollar. It may cost you nothing. Right?

It depends on who the author and the book is. If no one is asking them about their book, it’s an obscure book, or there wasn’t any interest. You’re the only person interested. What does it cost them to say, “All right, well you know what, give me ten bucks and you have a year to set this up somewhere, at which point somebody will have to purchase the rights to this book, but you have the exclusive right to go ahead and create a screenplay based on it and go and try and sell it.”

**John:** Yeah. Back in the day, when I was a young screenwriter, there was a book that I really wanted to option. And the only way to figure out how to get to the author was to call the sub-rights department of the publisher. So let’s say it was Macmillan, you would find the number for Macmillan in New York. You’d call the operator at the Macmillan switchboard and ask for sub-rights. And you get to someone in sub-rights and say I’m looking for the film rights for this book. And they would look up in some sort of catalog and then they would tell you who the person was. Or later on you’d email or you’d fax something through and they’d fax you back information.

Now with the Internet, you find the author, you find the author’s Twitter thing, and you ask them. You find an email address for them and you email them directly. The few times that I’ve optioned the rights to books myself, I just figured out who the author was and how to reach them and started the process myself.

**Craig:** That sounds exactly like the way to go. Will, we’ve done it. We’ve answered your question. I feel really good about it.

**John:** I feel great about it.

All right, it’s time for One Cool Things. My One Cool Thing is Bathe in my Milk. Craig, have you clicked this link yet?

**Craig:** No.

**John:** Click the link. Clink the link, Craig.

**Craig:** Batheinmymilk.com. OK.

**John:** Now, please describe what you see.

**Craig:** OK. So I see a photo. Oh, all right. So, it’s a photo of a bathroom. It’s a bad bathroom. Peeling wallpaper. An elderly white woman is standing in a shabby white nightgown, cleaning products at her feet. There is a torn tassel rope and then a standalone tube. There is an African American man also about her age I would say sitting in the tub and the tub has apparently got milk in it. But maybe just soapy water.

And then her head is casting a shadow against the window. It’s not good. Should I keep scrolling?

**John:** Keep scrolling.

**Craig:** Oh god. OK. So now she has repositioned herself on the other side of the room and now there is a younger Asian man in the same tub. Nothing else has changed except a plunger has appeared in the cleaning – oh god. What is the story here? What is happening? Every single photo is the same except that there is a different man in her tub of weird, creepy, milky water.

Oh, there’s a big boy at the end. He’s big.

**John:** Yeah. He barely fits into the tub.

**Craig:** Yes he does. Oof. Yikes.

**John:** All right. So, Craig, tell me your theory. What the hell is going on here?

**Craig:** OK. Well, theory number one, this is a very, very low rent spa. This is a spa that costs $0.14.

Now, I think this is some kind of art project. I can’t imagine it’s anything else. The bathroom doesn’t – it’s – what could possibly be happening here? Oh my god, there’s one picture where she’s outside looking in through the window. Did you see that one?

**John:** [laughs] I saw that one, too.

**Craig:** That’s horrifying. So in one of the pictures she’s not even in the room. She’s outside of the room looking. Yeah, this is just a weird art project.

**John:** All right. So now you can click through to the New York Post thing which shows the actual flyer this all comes from. So it’s a flyer that’s mounted onto a telephone post. It says Bathe in my Milk. It has one of the photos there. It says Bathe in my Milk. Offer open to men only. Soy, almond, or traditional. Use my sponge. I will watch you. And then it has a link to the batheinmymilk.com.

**Craig:** So what the hell is it? It is a prank. Should we tell people?

**John:** It’s a prank, yet it is a meme. It is a creation, this guy Alan Wagner, and his friend Sydney Marquez helped him build it. He’s a guy who just does these things. They’re kind of art projects. They’re just like sort of little bits of cultural stuff that go out there. And this is an especially effective one, I thought. I just thought it was delightful.

**Craig:** Yeah, this is great. I like this line. He says, “Nobody seems to be enjoying it, and yet they are partaking in it.” That’s a great description of what these people are like. Yeah.

**John:** So I’m going to put up a link to the New York Post article which goes into sort of the backstory of it. So, Alan Wagner is a USC film school grad. I suspect he might be a listener, so Alan if you’re listening, hello.

**Craig:** Well done.

**John:** And basically he built that bathroom set in his garage. He just did it for the giggles. It looks like all those actors are from Craigslist. I just thought it was a nice example of just making something for the hell of making it. And a wonderfully creepy sort of disturbing thing to float out there in the world.

**Craig:** Yeah. It’s got a bit of the Saw bathroom kind of going on in this. It’s creepy.

**John:** It does. Yeah.

**Craig:** Very creepy.

**John:** It also reminded me a little bit of escape rooms. You can sort of imagine that there’s some escape room that’s kind of like this bathroom. That is just so disturbing.

**Craig:** Yeah. There will be a Bathe in my Milk Escape Room. Well, god —

**John:** Top that.

**Craig:** I won’t. I will go right underneath that with the most mundane One Cool Thing ever, but you know I’ve got this Apple Pencil. I don’t use it. It’s just there. I have it. I don’t know what to do with it. And finally I just thought, you know, I had to go somewhere and just jot down some notes and I didn’t want to bring my laptop. So I brought my iPad. I just said, screw it, I’m just going to do the pencil, the Apple Pencil note thing. I’m just going to plunge in. I’m not going to read instructions about anything. I looked to see there’s two apps that people use. There’s Notability and then there’s another one. I can’t remember what it’s called.

And I just flipped a coin, went for Notability. And you know what? It’s actually not bad. I don’t know if this is a One Cool Thing as much as a one begrudgingly, yeah, it actually works pretty well. I guess the nicest part of it, the part that made me happiest was I’m writing these notes down and it just automatically puts an image of the notes that I’ve taken on my computer when I’m at home via the magic of Dropbox of iCloud or whatever. But, you know, yeah, it’s OK. I mean, it’s not Bathe in my Milk, but it does the trick.

I’m not like fully into it. I’m OK with it.

**John:** Yeah. I don’t use my pencil for very much, but when I do need to go through a script and do some markup on it, I find it’s actually really good. So, even doing Three Page Challenges, I will find I usually use my Apple Pencil for that. So I’m looking at the PDF. I use a PDF Expert for that. And then I use the little pen function on that and circle things, highlight things, mark things. And it’s quite good for that.

And I agree that the iCloud aspect of it is incredibly important because then when I’m on my computer and we’re recording an episode I can pull up that same PDF with all of my markup in it and sort of see what I wanted to talk about.

So, I do use my pencil some. I think the pencil is remarkable. I just don’t have as much use for it as I’d hoped I would.

**Craig:** I’m there with you. Look, this is a better method for me than what I normally do, and what I normally have done, which is to just write notes on a regular piece of paper and then take a picture of that with my phone so in case I lose the note I have an image of it. But that’s sort of dopey.

The one thing I wish they could do differently is I don’t like that the Apple Pencil makes a little click when it contacts the glass of your iPad. I wish that there was no click. Because there’s something about graphite on paper, you know don’t get a click. You know what I mean?

**John:** I don’t hear that click. Are you sure you have the nib screwed all the way in?

**Craig:** No, it’s not a click-click. It’s more just – it feels hard. There’s no give, basically, right? There’s a little bit of give to paper and a little bit of give to graphite, because the graphite is wearing away as you’re drawing, right? And the paper is wearing away as you’re writing and drawing. But there’s nothing – it’s a fully inelastic collision between the nib of the Apple Pencil and the service of the iPad. And I wish it was slightly – I wish there was just a touch of give.

**John:** I get it. I get it. My wish for the Apple Pencil 2.0 or whatever is some stylists in the past have had a thing where you flip it over, and it’s like an eraser on the other side.

**Craig:** Ooh.

**John:** I keep trying to do that and to try to erase and instead you have to click the little erase thing and that’s just frustrating. There are also great apps out there that are doing innovative things where you’re touching with your finger while you’re using the thing. And you watch people do it and it’s amazing and it’s magic. I just don’t have a need for those things right now.

**Craig:** Also, I don’t have any talent with anything that involves dexterity and some sort of fine art instrument like a pencil, a crayon, a marker. I’m a disaster.

**John:** Yeah. I’m good at craft. I’m good at wrapping up things and that stuff.

**Craig:** You are.

**John:** But I’m not good with the little fine motor skill stuff whatsoever.

**Craig:** I’m also bad at craft.

**John:** I remember during the strike you were so impressed with my duct-taping abilities as we were duct-taping signs.

**Craig:** I still think about it. Yeah, we had this job of like, so, you know, these picket signs are made of two posters that are stapled together over a stick. Not even a stick. Like a slat.

**John:** It’s like a yard stick.

**Craig:** Yeah, like a yard stick. It’s a piece of crap piece of wood. And if you were to just walk around holding it your hands would be shredded with these terrible splinters from these things. So you have to duct tape them so that people can walk around and hold them without shredding their skin. And so John and I spent an hour at the Writers Guild one morning in 2007, I guess it was.

**John:** I guess.

**Craig:** Duct-taping these things. And my method, you know, just because again I don’t understand craft. I just figured, you know, I’m just going to start winding duct tape around this thing. And eventually I’ll stop. And then John’s method, everything was at a perfect slant. Each layer overlapped the other layer perfectly, so it just looked professional.

**John:** I’m a professional picket sign maker.

**Craig:** Yeah, it was really good. So I tried to do it like you were doing it, but I wasn’t as good.

**John:** Yeah. No, I really love that. I love that kind of stuff. I love wrapping presents. There’s something really calming about that. Like me and Martha Stewart, we love to wrap presents. Love it. Love it.

**Craig:** I still can’t do it. I’m almost a 47-year-old man, and when I have to wrap a gift I go to Melissa and I just say can you please wrap this for me. Because I don’t know how to do it. [laughs]

**John:** I kind of feel bad for my daughter because I will still wrap gifts that she’s giving out for presents for people and like I’m denying her the ability to actually learn how to do it, but I just love it so much that I always want to do it.

**Craig:** You know what I do? My one crafty thing is tiling out large D&D maps and then taping them back together.

**John:** That’s quite a skill. I’m not good at that. So nicely done.

**Craig:** That I rock. I knew that somehow this would come around in my favor. I just didn’t know how it would happen. So exciting. This is why VR struggles because you could never predict that.

**John:** No. They would never know that like Craig’s ability to tile things is crucial.

**Craig:** It’s going to be the ending. Like who could have seen that that was the ending? Our show is produced by… [laughs]

**John:** This Sunday, Craig, we get to play the next installment of Storm Kings Thunder. I could not be more excited.

**Craig:** Oh I know. I mean, it’s all I want to do every day.

**John:** Our adventuring party is headed into some place along the spine of the world and we have a giant who is a friend, so it’s going to be great.

**Craig:** It’s going to be great. And there will be blood.

**John:** There will be blood.

**Craig:** There will be blood.

**John:** Our show is produced by Megan McDonnell. It is edited by Matthew Chilelli. Our outro this week is by Rajesh Naroth.

If you have an outro, you can send us a link to ask@johnaugust.com. That’s also the place where you send questions like the ones we answered. We love it when you record your audio with your question because it just makes it easier, because that way we don’t have to read your question. And also we get to hear the voices of our people. We get to hear your accents. The way you pronounce words in Canadian and/or Italian accents is fascinating for us.

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

We are on Facebook. Search for Scriptnotes Podcast. You can find us on Apple Podcasts. Just search for Scriptnotes or really any place you get podcasts. Leave us a review. That’s always so lovely. It helps people find us.

The show notes for this episode and all episodes are at johnaugust.com. That’s also where you find the transcripts. They go up within a week of the episode airing. And for all the back episodes you need to go to Scriptnotes.net. It is $2 a month for all the back episodes and the special episodes. We are crucially close to having 3,000 paid subscribers, which is remarkable.

**Craig:** Whoa.

**John:** So if you are the person who pushes us over, I will be eternally thankful, because that would just be kind of cool.

**Craig:** I won’t care because it means nothing for me. [laughs]

**John:** It means nothing for Craig.

**Craig:** Nothing.

**John:** Other than something else for him to complain about.

**Craig:** Ooh. Yay.

**John:** That’s a gift that keeps giving.

**Craig:** Come on people. Help me out here. One away.

**John:** We also have some of the Scriptnotes USB drives in the store. So that’s store.johnaugust.com. That has the first 300 episodes of the show in one handy little package.

Craig, thank you for a fun show.

**Craig:** Thank you, John. I’ll see you next week.

**John:** Bye.

Links:

* [Bathe in my Milk](http://batheinmymilk.com) and the [NY Post article](https://nypost.com/2017/12/22/the-story-behind-creepy-as-hell-milk-bath-flyers/) about it.
* The [Apple Pencil](https://www.apple.com/apple-pencil/) works pretty well! You can use it with [Notability](http://gingerlabs.com/).
* [The Scriptnotes Listeners’ Guide!](johnaugust.com/guide)
* [The USB drives!](https://store.johnaugust.com/collections/frontpage/products/scriptnotes-300-episode-usb-flash-drive)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Find past episodes](http://scriptnotes.net/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Rajesh Naroth ([send us yours!](http://johnaugust.com/2014/outros-needed))

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_333.mp3).

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