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Scriptnotes, Ep 220: Writers Rooms, Taxes, and Fat Hamlet — Transcript

October 22, 2015 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2015/writers-rooms-taxes-and-fat-hamlet).

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

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

**John:** And this is Episode 220 of Scriptnotes, a podcast about screenwriting, and things that are interesting to screenwriters.

Today on the show we are going to be talking about how and why studios are employing multiple writers to work on some of their biggest features, and what that means for those screenwriters involved.

We’re going to be looking at taxes that writers face in the City of Los Angeles. And we’ll be asking the question is Hamlet fat. And to what degree does the writer’s intent even matter.

Three very different topics.

**Craig:** No, they’re all related somehow. Segue Man will connect them.

**John:** I will try my very, very best. You will also get a chance to see me being Segue Man live and in person. I’m going to be doing a show with Drew Goddard for the Writers Guild Foundation. That’s Wednesday October 28 at 7:30pm. It’s at the Writers Guild headquarters. Not the big theater, but just the headquarters. So, small little room. There are still a few tickets left. It’s a $20 ticket. It’s a $15 ticket if you’re a WGA member or a student. And so there will be a link in the show notes for that. Drew Goddard, of course, wrote The Martian. He did Cabin in the Woods. He’s done a tremendous amount of TV. And he’s just a great, smart screenwriter. So I’m looking forward to that conversation.

If you’d like to see me talk with him, come join us on a Wednesday night in Los Angeles.

**Craig:** That sounds like it would be something well worth seeing. That room is called the Multipurpose Room.

**John:** Yeah. Doesn’t it sound just like Cafetorium in your elementary school?

**Craig:** Well, yeah, because the Writers Guild is as close to a government institution as you can get without being a government institution. So they do things like have the multipurpose room. And the multipurpose room is in and of itself maybe the worst room in Los Angeles, because it’s this brutally bare box. And, yet, inside that room awesome things happen all the time. This will certainly be one of them. And it doesn’t have a ton of space.

What’s nice about the multipurpose room, worst room in Los Angeles, is because it’s small, you can hear everybody really, really well. Usually you guys will get microphones, so there’s no question about that. And when it comes time for Q&A, because it’s not some massive audience, almost everyone will get their question answered.

**John:** Yeah. That’s a nice thing about it. It’s also small enough that if I’m sitting in the little director’s chair, I can see everybody in the entire room. And so it just feels much more intimate than really even the things in Austin feel like, which is a segue.

**Craig:** Segue Man.

**John:** Because just days later we will be in Austin for the Austin Film Festival. We’re going to be doing two live Scriptnotes shows there. We’re going to be doing a normal live Scriptnotes panel. We have Scott Neustadter, we have Andrea Berloff. We have a third guest which is yet to be confirmed. It can even be confirmed while we’re taping the show, because if he would just text you back we would know the answer to that.

If you are coming to Austin and to see us, you do need a badge or ticket or whatever else is required for the Austin Film Festival because these are Austin Film Festival events. So people have asked about that. It’s like, nope, it’s really part of the badge or ticket to come see these things. But there’s not a special ticket on top of that.

**Craig:** No. No. If you have a general entry, then you can go to any of the — I mean, almost any of the panels. There are a few special ones like where they serve food or something like that. Those are different. But I’m doing another panel on structure, on theme, and character, and structure, and some people have asked on Twitter if that’s going to be recorded, or it’s something we’re going to put on the show, and the answer is no. That you actually have to go to the Austin Screenwriting Conference/Film Festival thing to see this.

If you are going to Austin and you —

**John:** That’s because it’s a special performance piece that Craig can only do live.

**Craig:** I can only do it live.

**John:** He actually requires everyone to surrender their phones before they enter into the space so nothing can leave. You’re allowed to take notes, but only one piece of paper. So —

**Craig:** You know, I mean, here’s the thing. In all seriousness the reason that I don’t want to record it or anything is because I honestly believe it’s valuable. And I noticed that Jim Hart, the screenwriter Jim Hart, he’s doing a similar panel on the same topic. I don’t know what his insights are. But he’s got a whole like website thing now that’s — I think you can pay money for. It’s called the Hart Chart.

I would never do that because you know the way I am. I don’t like charts. And I don’t like —

**John:** Well you also don’t like making money.

**Craig:** I don’t.

**John:** You’re an anti-capitalist. You’re essentially the Bernie Sanders of this show.

**Craig:** I’m the Bernie Sanders of Screenwriting.

**John:** You are angry in a way that does feel like —

**Craig:** Right. And there’s umbrage. I’m Jewish. I’m angry.

**John:** Holy cow. I’ve just figured it all out.

**Craig:** I’m from Brooklyn. Yeah, no, I’m young Bernie Sanders. “I mean, what is going on?” So my whole thing is I want people — I consider it to be something special, not because I thought of it, but it’s special because it’s the result of 20 years of thinking about these things. And also because unlike all the other structure things out there which are really about this happens now, then this happens now, this is all about from the writer’s point of view. You have to create something. What is the order you go in? Idea. Character. Theme. How do they interact and how can use that to actually build something, rather than use some system to analyze movies that are already in existence.

So, if you are going to Austin, you should go to that. And obviously you want to go to the live Scriptnotes podcast. And you want to go to the Three Page Challenge. The good people, Erin Halligan, who runs the Austin Screenwriting Conference, was nice enough to rejigger the schedule slightly so that the live podcast is no longer competing with the Saving Mr. Banks panel.

**John:** Yeah. Which is very nice of her. And I should say the live podcast means that we will be live in Austin and there will be an audience there. That episode will come out Tuesday, just like a normal episode will.

**Craig:** Live on tape.

**John:** Exactly. But you’ll actually experience some special things if you’re there live in person because we will inevitably have to cut some things out of the show because of slander.

**Craig:** [laughs] There will inevitably be slander.

**John:** Particularly if that third guest makes it on to the show.

**Craig:** Oh yeah.

**John:** Oh yes.

**Craig:** Oh yeah.

**John:** So, in the show notes at johnaugust.com you’ll see our whole schedule for Austin, the things that we’re going to be doing. I guess I’m also on a dual protagonist panel, just like I randomly got assigned to that. And that should be fun. I’m moderating that one.

**Craig:** Neat.

**John:** So, come see us if you’re in Austin and you want to hang out with us.

Next up on the Workflowy of things to follow up on is something you put there about an odd French ruling about plagiarism.

**Craig:** Yeah. This came through just today I believe. You know, we talk about these cases all the time where people say, “You stole my movie,” and nobody ever wins. Well, here’s a situation where someone won. But it’s unique. The person who was complaining was not some guy or some girl. It was the somewhat legendary filmmaker John Carpenter. And the person that he was going after was none other than Luc Besson.

So, here’s what happens. Luc Besson has a company that puts out movies. I guess the company is called Europa Corp. I presume it’s a French based company because Luc is French. And it seems like Europa Corp puts out like genre fare that’s not Luc Besson stuff. And they put out a movie called Lockout which was a science-fiction/action movie where Guy Pearce is a hero, an ex-con tasked with rescuing the president’s daughter from a prison in space.

Apparently not a success. Nonetheless, a bunch of people in reviewing the film noted that it was essentially kind of a rip-off of John Carpenter’s Escape from a City series, Escape from New York, Escape from LA. That the character of the ex-con having to go rescue a president or a president’s daughter was remarkably close to what Carpenter had done in those movies. And Carpenter sued.

Now, where this is fascinating is that a French court ruled in his favor and we’ll include a note in the show notes, so you can read the summary of their judgment, but essentially they said, yeah, a lot of these story points are really similar. And so, yeah, we’re going to go ahead and order Europa Corp to pay 20,000 Euros to John Carpenter, 10,000 Euros to the screenwriting team of John Carpenter and Nick Castle. And then 50,000 Euros to the rights owner of the movie, who I think in this case — I don’t know who the studio was. Which is fascinating.

So, the French court seems to be following a different standard than we follow here. What’s doubly fascinating is that the French court ruled on behalf of Americans against a French company. From the summary description I would say this: I don’t know enough of the details to argue in favor or against this ruling. All I can say is if courts in the United States spoke in similar ways, everybody would be suing everybody a lot.

**John:** I think you’re right. This definitely felt like the broad strokes of the idea were similar enough that you could say, oh yeah, they definitely feel like the same basic plot points are being hit in both things. Of course, one is in space and one is a broken down Los Angeles. But I can’t imagine this happening in the US and this being the outcome.

The other thing I was thinking about is like I don’t know how much it costs to sue somebody in French court, but that’s not a lot of money to be winning. It’s hard to say that was worth it, because I have a hard time believing that it didn’t cost that much money to even bring the lawsuit.

**Craig:** Yeah. I mean, you’re looking at a sum total of 80,000 Euros, which is something like $140,000. I’m guessing given whatever the exchange rate is now. And, no, that’s probably not that good compared to the fees, unless they also got legal fees paid for.

What’s interesting is that most of the stuff they’re talking about in their decision are things that we would probably call ideas. Also, I don’t know what kind of defense was mounted here. My guess is that in the United States there would be an effort to show that the John Carpenter movies had borrowed quite liberally from movies before in terms of the idea of ex-cons on missions to save people is not new to John Carpenter. I suppose —

**John:** The Dirty Dozen.

**Craig:** Right. Exactly. Dirty Dozen comes to mind immediately. And there are others. And what they didn’t say was that there were lines of dialogue. I mean, there are specific situations that feel, like for instance they said in both movies the hero manages undetected to get inside the place where the hostage is being held after a flight in a glider/space shuttle.

**John:** Those are very different things.

**Craig:** Yeah, what? It’s crazy. I mean, what? That’s not the same.

**John:** To me what’s most fascinating about this result is that so often when we’re talking about copyright infringement or sort of like, you know, what is acceptable borrowing, versus you’re ripping somebody off, it’s always like this one movie was produced and this other movie never happened. And so you’re comparing a potential, an idea for a movie that was never shot, and a finished film.

It’s so weird to have two finished films that both come out. You can like look at the finished products side by side and say like, oh, these are the things that one took from the other. I can’t think of other examples of that.

**Craig:** There is one fascinating case. I’m not sure we’ve ever talked about it on the show. It’s almost worth its own episode. And it’s not a copyright case. It’s a case of a movie being redone and both movies being issued. I don’t know of any other example like this other than The Exorcist IV. I think it was IV.

**John:** Oh yeah.

**Craig:** So it was originally done by Paul Schrader. Paul Schrader wrote a script, shot a movie. Finished the movie. The studio said we don’t like this. Let’s redo a bunch of it. Let’s fire Paul Schrader and let’s hire —

**John:** Renny Harlin, wasn’t it?

**Craig:** Thank you. Renny Harlin. Exactly. Let’s recast certain parts, not change the characters, just put different actors in. Let’s rewrite some of it, but let’s keep some of it, and shoot a bunch of stuff and release that as a different movie.

There are two of the same and yet different movies and it’s fascinating to compare them.

**John:** Those occasions are so unusual that like they become notable for that. And sort of the what if this happened, well, this is the one example of that happening.

The other thing if we’re going to talk about obscure legal cases, I don’t know all the background, but I’d be willing to do the research on it, is Whoopi Goldberg and I think it’s T. Rex, where she was like essentially forced to do this movie based on a contract, and she didn’t want to be in the movie, and they basically held her to her contract and required her to be in this movie, which is great. I just love that these bizarre things happen.

And so when you are forcing an actor to be in a movie they have no desire to be in, what the outcomes of that are.

**Craig:** I, in the back of my head, have this memory of that the cherry on top of the bizarro sundae of T. Rex was that the studio took out one of those For Your Consideration ads, but I could be wrong. But in the back of my mind I feel like there may have been a For Your Consideration Whoopi Goldberg in T. Rex. We’ll see if I’m crazy. That might be drugs.

**John:** I have some real-time follow up. The movie is actually called Theodore Rex, not T. Rex, and the artwork is about as amazing as you could possibly picture.

**Craig:** Is it Whoopi back to back with — ?

**John:** Side by side with her sort of puppet man T. Rex.

**Craig:** It was like The Dinosaurs show kind of like.

**John:** Very much like The Dinosaurs show. He’s wearing a hoodie. So, he may be starting a tech company. I’m not quite sure what the plot of the movie was. But she’s a cop, so.

**Craig:** Well, of course.

**John:** In an alternate futuristic society, a touch female detective is paired with a talking dinosaur to find the killer of dinosaurs and other prehistoric animals, leading them to a mad scientist bent on creating a new Armageddon.

**Craig:** [laughs] Well, that’s not a great idea for a movie.

**John:** No, but Armin Mueller-Stahl is also in it. So, there’s some good people. George Newbern. I wondered why there weren’t more George Newbern movies, and this might be one of the reasons.

**Craig:** I found the tag line.

**John:** Tell me.

**Craig:** The world’s toughest cop is getting a brand new partner. He’s a real blast, from the past.

**John:** Come on. The movie writes itself.

**Craig:** It. Writes. Itself.

**John:** The other example I can think of, and I don’t think it was quite as acrimonious of a situation, there was an Ed Norton movie, a heist movie that he was sort of forced to be in, based on I think it was a Primal Fear contract that he’d done. So Primal Fear is how we first were introduced to Edward Norton. Such a great movie.

**Craig:** The best. I love that movie.

**John:** And my recollection of it is, and so I will probably get all the facts wrong, is that Paramount had a two-picture deal with him, basically when they cast him in Primal Fear. And they held him to it to be in this heist movie, which as I recall was actually a pretty good heist movie, and he was the villain in it. But he had no desire to be in the movie.

**Craig:** I’m so like all wrapped up in Theodore Rex right now. It was written and directed by a guy named Jonathan Betuel. It was the last thing he did. And when I look at stuff, so it’s an interesting career. He actually has a writing credit on The Last Starfighter.

**John:** Great movie.

**Craig:** Which is amazing. Everybody loves The Last Starfighter. And I’m just checking to see if he’s cowriter — no, he’s the sole writer of The Last Starfighter, which everybody loves. Then he wrote a movie called My Science Project, which he also directed. And that was in 1985.

Then he does a couple of episodes of TV. And then in 1995 he writes and directs Theodore Rex. And that’s it. You rarely see that. Usually, there’s some little dribs and drabs of something afterwards, or people kind of find a different angle in the business. I almost feel like he must have been like, you know what, that’s it. I’m done. You’re not getting rid of me. I’m walking away.

**John:** Mic drop.

**Craig:** It must have been a terrible, terrible experience for him, too.

**John:** Yeah. That’s another great potential episode that we’ll probably never actually do is the people who just walked away. And the people who made one or two great movies and just like, you know what, this is just not a thing I want to do and I’m going to go off and do a completely different thing.

**Craig:** Well, I mean, Bob Gale, right? This is my IMDb typing as I go. Bob Gale wrote Back to the Future. And there wasn’t much after that. And, by the way, it wasn’t like that was his first thing. He also wrote 1941, which was a Spielberg movie. He wrote Used Cars, which was maybe Zemeckis’s first movie. He wrote Back to the Future, and sequels. He also did an episode of Amazing Stories. Remember the Spielberg anthology series?

**John:** Yeah. Trespass in ’92, I see.

**Craig:** Yeah, Trespass actually is a cool movie. But not really, no, most of it like episodes of TV and most of his credits are like the contractual characters by credits that go with all the Back to the Future stuff. He just never — maybe because he was like, you know what, I just wrote the best movie. I’m good.

**John:** Done.

On the topic of writing and writing new and different things, this is the end of October and I’m strongly considering, well, November — there’s a lot of pressure in November. So, there’s the pressure to get a flu shot. I already got my flu shot.

**Craig:** Good for you.

**John:** There’s the pressure to grow a mustache, to acknowledge men’s cancers.

**Craig:** Can you even do that?

**John:** I cannot even do — I can’t grow a mustache. You can grow a mustache, couldn’t you?

**Craig:** I could grow a mustache in like a minute.

**John:** [laughs]

**Craig:** I’m shaving right now. [laughs]

**John:** I’m incapable of growing a mustache. That’s the sound we hear, because it’s not the e-smoking anymore. It’s shaving.

**Craig:** No, it’s my hair growing.

**John:** Oh, okay. That’s good.

**Craig:** It’s my facial hair growing. I could totally grow a mustache. I just don’t want to because I don’t like it.

**John:** So the other things we do in November, of course, is figure out a new way to cook your Thanksgiving turkey. That’s really an end of November task. The other thing November is good for is writing a novel. So, there’s NaNoWriMo, which is National Novel Writing Month. And I’m strongly considering actually just doing it this year.

**Craig:** Wow.

**John:** And there’s an idea I have that is not a movie idea, or at least it’s not an idea that wants to exist first as a movie. And so I’m thinking about actually doing it this year and hitting my word counts and writing a book.

**Craig:** That’s crazy.

**John:** It’s crazy. And honestly there’s real work that might knock that into the realm of impossibility, but I’m seriously thinking about it. So if I do decide to do the book, on the site I will let everybody know and I will certainly post my progress.

Do you remember a long time ago on the site I had this little thing that could fill in like progress on something? It was like a CSS thing. And you used to use that as well.

**Craig:** Sure.

**John:** And maybe I’ll make the new version of that, so people can see how far I’ve gotten and which days I’ve hit my goals or not hit my goals.

**Craig:** That’s amazing. I have this little secret novel that I’ve been writing at — even glaciers move quicker. Because, you know, I’m working on other stuff. And then when I do finally come around to it, I’m so conscious of the fact that people will read this. It’s not like, oh, and this becomes this. No, this is it. So, get it right, you know? I’m far too fastidious, I think.

**John:** So we’ll see if I end up doing this. Our friend, Derek Haas, is the only person I know who consistently writes both books, and movies, and TV. And, in fact, in November there’s a book launch party that we’ll both be at.

**Craig:** Correct.

**John:** To celebrate his most recent novel. And he’s able to hit those pages and he gets up at like five in the morning and writes his book. And I don’t know that I’ll ever have those work ethics, but I might try it for November.

**Craig:** Derek, we like to say, he’s that guy who sits down and goes, “You know what I’m going to do? I’m going to write a novel.” And then he just starts writing. There’s a beautiful, carefree nature to him. I wish I had it. Like I feel like those are the people when it’s time for bed, they get into bed and they go, great, good night. And they close their eyes and they’re immediately dreaming. I wish I were that.

**John:** Yeah. Wouldn’t that be so wonderful?

**Craig:** I’m not that.

**John:** I have a hard time picturing Craig Mazin’s schedule because you will be online at just bizarre hours. And then if I do though email you at eight in the morning, you’re right back there again.

**Craig:** Well, there are times when my schedule makes no sense to me, to my own body. I can’t predict the way my brain works. Right now I’m in the middle of a little bit of craziness. So, sometimes there is that adrenaline, and I make the mistake of thinking every time this adrenaline is awesome. I’m going to be like this forever.

**John:** You’re invincible.

**Craig:** I’m invincible! Uh, King Kong does have something on me. When I finish this little crazy thing, I will almost certainly fall asleep for a week, and also get depressed.

**John:** Yeah. Those things happen.

**Craig:** Yeah.

**John:** Finally, last bit of follow up here. If you are listening to our show through not the official Scriptnotes app, but through any other app, you may notice that we actually have chapter breaks. And my favorite podcast client, which is called Overcast, now finally tracks those chapter breaks. So if you hate our follow up, and never want to hear our follow up again, you can skip forward right to the place where we start talking about our first topic, our second topic, our third topic. Also really good if you just want to zoom in on one thing we talk about.

So, if you’re using Overcast, I would check out the chapter marks because Stuart actually puts them in every week. And way back to the first episode we have chapter marks for every single episode. So, check those out if you haven’t and check out Overcast if you’ve not. It’s really a terrific app for iOS, for listening to podcasts. They also switched to a model now which it’s free, the whole app is free, and if you want to support them, just an in-app purchase, you can support them for a month or for 12 months. And it’s basically pay what you want. And it’s a great app. So I paid the most I could.

**Craig:** You are a lovely person. I just might download that. That sounds good.

**John:** It’s a good app.

**Craig:** And I guess in other podcast news, just because I know people really want to know, yes, Louis B. Mayer will be returning for a third episode of You Must Remember This by Karina Longworth.

**John:** I cannot wait.

**Craig:** Just keep that in mind, folks. Louis is coming pack, with a vengeance.

**John:** Yeah. I think you have some choice words as I recall what Louis Mayer needs to say down the road. So, good.

All right, let’s get to our topics for the week. First one is writer’s rooms. So this actually comes from a question that a listener sent in. This is Vic Digital, which I doubt is his real name, but he wrote in as Vic Digital.

**Craig:** I wish it were his real name. I wonder if it’s like Dig-i-tal.

**John:** That’s what it actually kind of looks like.

**Craig:** Vic Dig-i-tal.

**John:** Yeah. He writes, “Over the last few months I’ve been seeing lots of what look like non-standard processes for developing scripts, specifically genre scripts. You’ve got the situation with the Transformers movies, where Robert Kirkman, Akiva Goldsman, and a bunch of others got together to map out the next ten years of Transformers movies. You’ve got the Star Wars Story Council, or whatever it’s called, and all the stories that need to pass through that, be they movie, or TV, or novel/comic, or even sticker book.

“You have stuff like the next Wolverine movie where I know they’re seemingly working on it since the last movie came out, but you see comments from Hugh Jackman talking about how they’re working on the script and whoever has great ideas.

“I see this a lot with sequels to big movies where the existence of it is heavily dependent on the stars’ involvement. There are a few other recent examples that aren’t popping into my head at the moment where the stars were talking about the development of the script and his influence on it.

“Anyway, for each of these, what does the actual development writing process look like if you’re the writer who finally comes to work on it? Does it resemble a typical writing process? Or are you guys horrified to discover what these other writers might be forced to do? Are the writers just at the whim of all these other powerful forces? And is it a straight adaptation, more like a rewrite? How do stars get involved in the process?”

So, I want to take this as a jumping off point to talk about something we’ve all kind of noticed, this trends towards especially big tent pole movies, bringing in a bunch of writers at the start. Not necessarily writing together, but being in a room together to sort of break story together. And the way that we tend to — a lot of times you will see the actors involved in the process early on in the development, especially of sequels.

So we could take through his notes, but also I want to link to an article by Rebecca Ford from the Hollywood Reporter which gave some good examples of the kinds of situations that writers are encountering and the complications for the Writers Guild when what does it mean if you’re a writer employed on a project, but you’re not actually writing, so therefore there’s not going to be an expectation of credit.

**Craig:** What a mess. There are so many complications and problems with this. Let’s talk about the easy ones which are essentially the kind of legal contractual ones. The way our credits work, we do limit how many people can be credited on a movie so that you don’t end up with Written By and then 12 names. So, written by nobody really. Written by everybody. And also the Writers Guild I think has an investment in the notion that what we do is unique and it authorial, and therefore in its best form it is the expression of vision.

Sometimes the vision is a shared vision of one or two or three people, but we’re not in the business of sitting 60 people down in a room to cobble things together like Frankenstein.

So, when people do gather together and start breaking stories together, the issue is they’re not an MBA legal writing team. A writing team at maximum can be three people. So, they’re running into these issues down the line there. And to be clear, not everybody is doing this in a way that’s problematic. For instance, over at Universal where Chris Morgan and Alex Kurtzman are overseeing their Monsters Universe thing, they are seemingly doing it correctly.

They have each movie that they’re contemplating has a writer. They do gather everybody together so that they all can coordinate, so that the narratives have some intertextuality. And they don’t break each other’s movies, but individuals are writing individual movies. And that seems fair.

You have situations that are not new, but regrettable, where a studio will hire simultaneous writers to kind of compete against each other. I’m not a big fan of that for a billion reasons. But, in the end, again, individual writers are being hired and writing and their work can be evaluate individually for the purpose of some credit down the line.

**John:** Although it becomes increasingly challenging. So look at the two Warner Bros. examples. So, both Wonder Woman and Aquaman had multiple writers writing simultaneously. And so if ideas are showing up in both of those scripts simultaneously, how do you credit those things? If I were the person who had to do an arbitration on that, I would be at a loss.

**Craig:** It’s very difficult. The guild has encountered situations where they’re asking arbiters to figure out what to do with simultaneous screenplays. Traditionally, everything is chronological. So, you write first, you’re writer A. I write second, I’m writer B, and so on. They have had situations where they’ve had writer A1, A2, and A3. And chronology now is no longer an issue. And if there’s overlap, basically everybody gets credit for it. And who knows, because that’s only fair. It’s like, well, they all wrote the same damn thing and that’s in the movie, so each one of them is credited for it.

It’s a mess. What happens all the time is the desires of the marketplace are completely dismissive of our, we’ll call it ideology, our desires for what we think are ideal situations. So they think, yeah, screw it, this is great. If one writer is smart, maybe five writers will be five times as smart. We’ll put them all in a room together and they’ll figure out Transformers together. It’s just — putting the complications aside — from a creative point of view I don’t get it. If I were running a studio, I would not do that ever.

I think that is a recipe for down the middle, edges rubbed off, group think. I hate it. I hate it.

**John:** So, let’s talk about some other scenarios and the pros and cons of that. I wonder whether the James Cameron Avatar movies were a precursor to sort of what this is. So, the development of the Avatar sequels, Cameron oversaw essentially a writer’s room of very smart writers and they were talking through the whole world and all the movies kind of simultaneously. And then they were each assigned a movie to write. This feels like a situation that’s more analogous to what we think about as normal television, where you have a showrunner, who in this case is an incredibly powerful writer himself and director, James Cameron, and he is building out the universe of what he wants this thing to be and then assigning writers to do stuff.

That feels more like what we described with the Chris Morgan thing, where each of those writers is individually responsible, but they’re also responsible for making their thing fit with the other people’s scripts.

The Transformers thing feels much more challenging because it’s honestly — it’s kind of like the bake off situations we talked about on the show before, where you’re bringing in a bunch of writers to pitch on an idea and then you’re going to hire one of those people to do something. The difference being we always say like, “Oh, wouldn’t it be great if they paid those writers for all the time they’re doing coming up with those ideas?” Well, in this case they are, but then they’re ultimately hiring one person to do it.

And I was talking with a writer just last week who was going in on one of these situations. It was a one-day writer’s discussion about a project and then at the end of the day they were — the next week they were going to pick one of the people who was in that room to rewrite the script.

**Craig:** That’s horrendous.

**John:** It does seem incredibly, I don’t know, it feels incredibly abusive. It feels — it just feels weird. And so a writer might go in on that because they want to have a relationship with that production company. They want a chance at doing that project. So, those writers were going in, they were getting paid, but they weren’t getting paid much, and they weren’t getting paid as writers. They were getting paid essentially as independent contractors for a day’s work.

**Craig:** My objection, I mean, look, there are circumstances about this where you’d say, well, this is great. Look, there are bake offs, everybody goes in, they pitch all their stuff, they don’t get paid. This is like that, but they get paid. So why is this bad?

It’s bad because they’re getting paid and then their stuff is being mulched into a slurry of a story that someone else is going to write. If you are being hired for your story, you write your story. We’re not supposed to go in there and be cogs. And the last thing in the world I would ever want, forget as a writer, as somebody on the other side of the table, would be to bring together a group of eight writers, sit them around a table, let them know — let them know — that they are now on a reality show where there’s going to be one person standing at the end. And then listen to them engage creatively how in god’s name would that not just be creative blood sport where the — it’s just terrible. It’s stupid. It’s counterproductive. I’ve said this before, I would much rather see a movie that has mistakes that are consistent with the right things than a movie that’s just 100 different people’s right choices that have nothing to do with each other. It’s bad, bad moviemaking. And I don’t like The Transformers movies, not because — I’m just not a fan of robots hitting each other. It’s not my thing.

But, why? Why do they feel the need? The Transformers seems like the last movie you need this for. Just have somebody who really cares and has passion for — and you know, oh, Marvel gets this. You know, Marvel gets it. That’s a very powerful company. Kevin Feige is a powerful guy. They have big meetings with lots of people who all have ideas. But then they turn to one filmmaker and they say make me your movie, please.

One. Not 100. You will never get, never in a million years would you get The Avengers if you sat 12 people in a room and had them all grasping for money. It’s sick.

I don’t know if I’m coming across quite clearly here. [laughs]

**John:** I think you’re being very internally consistent, because you’ve often praised sort of Kevin Feige and the Marvel model. And Kevin Feige is essentially the showrunner. And so even though he has incredibly strong kind of showrunner directors, you look at Joss Whedon for god’s sake, coming in and doing those things. Famously on Avengers 2, they didn’t agree on some things and Feige wins. I mean, he ultimately is the person steering the ship for the entire Marvel universe and that becomes an important thing.

I want to go back to the point about round tables. I don’t do very many round tables. I think you do a few more. But there’s I think only one case where we’ve both been in the same round table. And it was a useful round table on a script that was going to go into production. And afterwards, you ended up working on it. But that wasn’t an audition for you to sort of go in and do that. You were able to sort of help them get through one specific thing and were a godsend to them, but that wasn’t a job audition for you.

**Craig:** No. No. Typically when you have those things, they are — the idea of a round table is you’re not the writer of the movie. You’re not being hired to write the movie. We’re asking you to read this and give us your thoughts and opinions. So basically we’re paying you a little money to be development executives because either we’ve expressed our perspective and we found that we need some more perspective, or there are things that everyone suspects writers would just be better at figuring out.

There are times when after a round table has concluded, the director and the studio say, “You know, maybe instead of whoever just wrote this last draft, we should have one of the people in the room execute some of the things we really liked that came out of that room.

And almost always it’s execute something you said, you know, as opposed to execute something that everybody else said. But it’s rare, and there’s absolutely no expectation, in fact, that may have been the only time that happened to me. Most of the time, you’re going in and just, you know.

**John:** And most of the time I’m doing it as a favor to the writer, if the writer is still involved on the project, to the director if I have a relationship with the director, or to the people involved in making the movie because you’re trying to make the best movie possible here.

**Craig:** Right.

**John:** Before we segue to the talk of actors and sort of how actors have control over things, and sometimes don’t have control over things, we should talk about what’s different with features and TV, because we had a whole episode about how features are different. In television, there are writer’s rooms. Almost all television is written with a writer’s room. And so even though an individual writer goes off and writes a given episode, the story is broken and figured out in a room generally.

The reason why the credits don’t become so complicated is you’re making 10 or 13 or 22 episodes of the show and the reality is you are kind of figuring out like who should get credit for a given script. And it’s kind of assigned. It can be controversial at times who gets assigned the credit, but I know friends who work on shows that are essentially written as a room and they just kind of go through the order and say like this episode was written by writer A and this episode was written by writer B, when in fact they all worked on every episode.

But they can do that because they’re making a whole bunch of episodes of this TV series, versus making one movie every three or four years.

**Craig:** No question. Every now and then somebody will say, “You know what would make the feature film credit rules a lot simpler, if you just used the TV model.” And I always just say that’s the stupidest possible suggestion. The TV model is predicated on the notion that everyone gets a credit. Everybody. Films are one episode TV series, so no, not everyone, in fact, almost no one will get credit, especially if a lot of people have written on it. It’s an entirely different situation. Credits for films are much higher stakes situations.

Residuals are calculated in a very different way and generally will produce more income for feature writers than they do for writers of episodic television, at least these days. It’s why when somebody says, “Well, we’re just doing what they do in TV,” I just want to say, well, you’re stupid. Because it’s not TV.

**John:** It’s not TV at all.

**Craig:** It’s not.

**John:** Let’s also talk about actors, because this point about I guess Hugh Jackman being interviewed about the Wolverine sequel, it’s not a new thing that actors, especially the star of a movie, particularly the star of a sequel of a movie has the ability to greatly influence the development process of that movie. And that’s not a new thing whatsoever.

I think what’s new is that Hugh Jackman is getting interviewed all the time, and so people will ask him questions about how the Wolverine movie is going, and he gets to answer. But I can tell very honestly having worked on the Charlie’s Angels movies, having worked on other big movies with big movie stars, they’re a part of it, and they’re going to be a part of it, and they always have been part of it. Because they are looking at what they’re going to do in the movie. They’re looking at their brand. They’re looking at what’s exciting for them.

And they’re not necessarily the best qualified people to be talking about story, but they’re going to be part of the process of figuring out how this movie is going to work and play. And part of the reason why A-list screenwriters get paid A-list screenwriter money is because they’re able to have those conversations with big movie stars and make the movie stars feel heard, but also get the movie to happen.

**Craig:** Yeah. There are times when it’s very understandable. If you’re coming in and someone has been playing a character for five movies, it’s not possible that you understand that character better than they do. It’s just not possible. And you must listen to them. Not only have they lived that character five times, but they’ve also been through wars you haven’t been through, and seen things that didn’t work, and they have shot scenes that ended up being cut. They know stuff.

The best actors on — let’s put that example aside — and let’s talk about a typical movie. I think the best and smartest actors are the ones who are confident enough to express their opinions and then listen to opinions and trust their creative team to some extent. And it’s nerve-racking because if it fails they are the ones 50 feet tall being embarrassed. And I get that completely. Sometimes I feel like the movie business is a little bit of a self-fulfilling prophecy in terms of what we’ll call good directors.

Good directors tend to make good movies because they’re good directors and also because all the other crap that everybody else is constantly dealing with, they deal with just a little bit less of it. It’s a lot harder to sit down with Martin Scorsese and say, “I don’t think you get it. I’m not doing what you want me to do.” Mostly I think actors in a very relieved kind of way can say to Martin Scorsese or to Woody Allen or to David O. Russell or these directors that keep coming up over and over in Oscar season. I’m here for you. Tell me what to do. I think you will make me shine.

**John:** And looking at it from — I’m sympathetic when I look at it from the actor’s point of view, because if they’re a star, they may have some control over — or they can control what movie they want to make, which movie they choose to make. They can hopefully influence the script to a degree, which they feel like they can deliver a performance that they’ll be happy with. During production, they’re there, they’re present in the moment, so they know what they’re doing. They can’t necessarily know how the scene is going to ultimately feel. But then they’re just — they’re done and they have no more control over anything after that point.

They can’t control the edit. They can’t control almost anything else about the movie. So, if they’re a little over-freaking out about the script at the start, it’s because that’s maybe the only opportunity they’re going to have to defend the things that they are important.

**Craig:** I’m with you. I sympathize tremendously. It can be frustrating when you’re dealing with an actor who is maybe less confident, who is focusing on the wrong things, and it happens from time to time. It’s a natural thing in Hollywood for people who do a particular job to start to look at other people doing that job and ask why are they getting a thing I don’t get. So directors look at another director and go, “Why does that guy have final cut? Why don’t I have final cut?”

Writers say, “Well wait a second, why don’t I have a bungalow and a production deal when they have a bungalow and a production deal?” And actors will say, “Well why does that A-list actor get to have the story conferences and do their own draft and all the rest of it, and I don’t? Maybe I should. Maybe I’m doing this wrong.”

It’s a toxic thing that goes on. I think sometimes everybody — writers, directors, actors — all start to push beyond their comfort zones because they feel they’re supposed to.

**John:** Absolutely. If you see the A-list movie star of your movie star is getting involved in these decisions you feel like, well wait, I should be speaking up my opinions on these things, too, and then it goes down the line. And when you have movies that have many stars in them, it can be incredibly challenging to balance all of those competing viewpoints. And thus Charlie’s Angels was a challenging movie to make because you have a lot of people with a lot of strong opinions.

**Craig:** As you go on in your career, if you can last, you begin to accrue the benefits of your time in the war, because studios want a producer that everybody looks up to as being authoritative. They want a writer that everybody feels confident in and relaxed by. They want a director that is a sure hand. And they want actors who know how to do all of it, not only the show up on time, know your lines, deliver a great performance that’s attuned for camera, but then play the game of selling the movie. Everybody is desperate for the pro who is going to put everybody else at ease, because the deal with our business is at any given point there’s somebody on the rise who’s fame and position is a little beyond their experience level.

And that’s when we start to get into trouble.

**John:** I agree. The last point I would like to make about these writer’s rooms is there is an analogous situation in feature animation. So you look at how Disney features are made, how Pixar features are made, and there’s a bunch of people looking at story all simultaneously. And some of those movies are fantastic and they really benefitted from a lot of story brains focusing on really every beat. And so while there may be one or two credited writers, there’s a lot of people who are in the trenches every day really figuring out story.

What I would point to as being a crucial difference between live action features and animated features is animated features are entirely iteration. And so you are going through the process multiple times. You’re making the movie every day. And so you are seeing — well we’ve tried this cut, now we’re going to try this cut. What if we changed this thing? You’re going through scratch reels. You’re going through storyboards. And because it’s a process of continuous iteration, you can invite all those voices in and really benefit from all the eyes and all of the brains you’re applying to it.

Making a feature is not that way. And the times we’ve tried to make features that way it has not gone especially well. Features are a thing you ultimately shoot once, and then you go through multiple edits, but that shooting happens once. And so you have to approach it with one blueprint, one plan for how you’re going to do it.

**Craig:** It is an inherently risky proposition and I think a lot of what we’re seeing now with these group rooms is a misguided attempt to mitigate the risk.

**John:** I agree.

**Craig:** In fact, it is the risk that gives you the opportunity for magic and great success. And when you mitigate, you are definitely lowering your chance of disaster and you’re also, I think, muting — seriously muting — your chance to make something that breaks through.

**John:** Cool. All right, our second topic is taxes. So, death and taxes are sort of the —

**Craig:** Segue Man.

**John:** Segue Man, we’re never supposed to talk about. But taxes are a thing that just this week I’ve encountered two people in my life who have been hit with these weird tax situations. And it’s an LA city tax. And so in general this is not like state or federal income. It’s a special thing that’s happening — people who have income that is either writer income, or other income that is not as an employee.

So, I’m going to put up a couple of different links for people to go through. First is an LA Weekly article that sort of talks about it and writers who like made $500 in freelance being hit with like a $30,000 tax bill.

**Craig:** Geez. God.

**John:** A Reddit thread that goes through it. And some information about AB63 which is often the notification you’re getting that you owe this money. So, the short version of this is that if you are a screenwriter working on a studio feature, that many is being paid to you, you are being paid as an employee. You’re relatively well protected from most of the figures of this tax, although there could be a home based business tax which will kick into, which is so complicated I don’t want to get into it.

But what my friends were being faced with was essentially they had some 1099 income for some freelance writing. So not feature writing, but writing for a magazine, or writing just a little thing, or doing coverage. And essentially if you do not file a specific piece of paperwork saying that you are a business and that your income will be below a certain thing, they can penalize you and charge you fees and fines for not having filed this paperwork.

And so I don’t have much more to — we could talk about sort of the frustrations of it, but I’m going to encourage people to follow through these links if you are in the City of Los Angeles and you are earning income and you are not paying a business tax on it, be mindful that you may be expected to pay a tax on it. And if you get a notification that you’re supposed to be paying a business tax on it, take it seriously because it’s not like jury summons where you just kind of ignore it. Apparently it gets much, much worse if you just ignore it.

**Craig:** I admit that I am aware of this problem but I don’t live in Los Angeles. And so I live in La Cańada, which is its own city, and my office is in Pasadena, which is not in Los Angeles. This is the weirdest thing, this tax. It erupted like ten years ago, as I recall.

**John:** Yeah. There’s a slightly different thing, so I think what you’re thinking about ten years ago was essentially the City of Los Angeles was coming after screenwriters saying like you are a home-based business and therefore you have to file home-based business tax. And I was trying to find if I had blogged about it, and I guess I hadn’t, but I was really up in arms about it because I was like that’s just crazy. So you’re essentially saying that if I made the exact same money but I was working on the Paramount lot, versus working a block off the Paramount lot, I wouldn’t have to pay the tax.

And they’re like, yes, it’s because you’re a home-based business. It’s like, no, I’m not. I’m a writer who is working at home. And they’re like, oh, that’s a home-based business. It became — so the Writers Guild got involved in that situation. And ultimately to cut the story short, I ended up having to pay taxes for a few back years because of that, because it was better to pay that than to keep arguing and fighting about it.

**Craig:** Could you have told them, oh, I don’t write in my house. I go to Starbucks and I do it.

**John:** That is what is fascinating. And so my belief is that my business manager actually — she does check where am I writing certain things. So if I’m writing a movie and I’m actually writing the movie in New York and being paid for writing this movie that is shooting in New York, I’m not paying that tax on the income I’m receiving in New York because that’s not LA-based income.

**Craig:** This is the part of government that makes me…argh.

**John:** I sort of suspected this would kick up Craig’s instincts on this topic.

**Craig:** All my libertarianism, my latent libertarianism starts to jump out.

**John:** What I find fascinating and frustrating is that weird murky definition of like are you an employee, or are you a business is such a strange question, especially in 2015, in the age of Uber, in the age of a freelance economy, that every person is a business and so therefore we’re going to start taxing every person like they’re a business when the difference between W2 income and 1099 income shouldn’t be that big a factor.

Right about this point, all of the international listeners have skipped forward with the chapter markers set up, because like I have no idea what these taxes mean. But essentially a person internationally should know that taxes in the US, there are federal income taxes, there are state income taxes, so the State of California, and some cities have income taxes. LA does not have a city income tax. And this feels like a weird way that LA is trying to do an income tax without having to call it an income tax. And yet it hits people really strangely because it hits both people who are making a good amount of money like feature screenwriters, but people who are not making very much money at all, it hits them kind of unfairly as well.

**Craig:** Stupid.

**John:** Stupid. I don’t know if have anything more to say other than just venting frustration and umbrage.

**Craig:** Yeah. Good. I like it when you — I mean, that is a pathetic excuse for umbrage, what you just did. I mean, your voice didn’t raise.

**John:** Not a bit.

**Craig:** There was no — your blood pressure didn’t rise. Your creepy 30 beats per minute heartrate —

**John:** [laughs]

**Craig:** Never went up.

**John:** I’m not Spock. This is not my pon farr moment.

**Craig:** Exactly.

**John:** This is just expressing frustration rather than — a great thing.

What I will say is that I don’t perceive the WGA becoming deeply involved in this because it tends to be targeting writers who are not writing under contract for a studio. So, therefore it’s not as much their issue. But I would say that most aspiring screenwriters are probably doing writing for other people, or are doing other jobs, even if it’s just teaching at a class, or teaching a class for somebody, they’ll have some of this income and just be mindful of what the possible ramifications of that are.

**Craig:** Done.

**John:** Done. Last, this will be so simple to figure out. Is Hamlet fat?

**Craig:** [laughs] I read this article. It’s really interesting. There is a throwaway line in Hamlet where he is referred to as fat. And obviously we — all of us who have seen the many, many multiple versions of Hamlet, if you say to somebody, “Tell me what Hamlet looks like?” you’re going to say, well, probably like Laurence Olivier, you know? He looks slender and he looks like he’s dithering about what to do. He might have tuberculosis as people often did.

But there is a moment where —

**John:** It’s during the sword fight at the end when Gertrude says —

**Craig:** Queen Gertrude says, “He’s fat and scant of breath.”

**John:** Yes.

**Craig:** So, the question is, is Hamlet fat? Well, they go through this whole thing and it’s, well, which text are you looking at because there were multiple versions of Hamlet. And what does fat mean. How does Shakespeare normally use fat? And by the time they’re all done, they’re sort of like, yeah, he probably, I mean, he was a little fat.

**John:** Yeah. So the article we’re referring to is by Isaac Butler. It ran in Slate. And, listen, we’re not a podcast about Shakespeare. What I found fascinating about the question of is Hamlet fat is that sense that the author of a piece gets to decide ultimately who should portray that character and how that character should be portrayed.

And so you and I write features and television, but we write things that are going to shoot exactly once. And so ultimately an actor is cast in that role and if that actor does not meet what the text describes, we may need to make some changes because there’s reality. We know who that actor is and it has to make sense.

And so often some of the last work we are doing on a script is tailoring it to the person they put in that role. And we may have opinions about what that role should be and who that character should be played by, but ultimately a person is cast and it’s our responsibility to match what our eyes are telling us.

Compare that to a play, or to any musical, or anything that’s written from the past, if you’re staging a new version of that, it’s going to be a different actor every time. And you have to be mindful of the fact that the author’s original intention may not be what we’re seeing there. So, you’ll have dramaturgs argue about what this thing meant and what the author’s intent was, but ultimately you’re free to do whatever you want to do and feature directors can make radically different choices.

**Craig:** Nobody I think is subjected to more reinterpretation than Shakespeare because he is essentially the proto playwright for, well, probably some Greeks, but you know, for most people I would say he is the proto playwright. So, he’s constantly being reinterpreted. In fact, if you mount any production of Shakespeare that is really true to the text, it feels boring and almost like a wasted opportunity at this point.

What’s interesting is that the text says, “He’s fat,” and nobody who was interpreting Hamlet all along in the 20th century took that to heart. Because I think it’s hard for people to look at an overweight character as somehow this tortured soul like Hamlet, which of course is not true to life. If anything, the opposite is true. Overweight people suffer more, I think. And their internal life and their minds are as vibrant as anyone. So, it’s a bias. It’s just a flat out — just a bias.

**John:** But what’s fascinating, ever since I first heard this article discussed and then I actually read the article, as I think through my recollection of Hamlet and sort of like what Hamlet needs to do in the course of the play, sticking a heavy 27-year-old actor in that part in some ways makes a lot more sense to me, because the way that he is sort of stuck in his head, and the way that people are treating him, even Ophelia falling for him, it doesn’t feel like she’s falling for him because he’s hot. It’s his brain that’s actually attracting her. It’s essentially his doom that is sort of attractive to her.

So, I found it really kind of interesting to think through the whole story with those changes. And often that’s kind of a screenwriter’s job, isn’t it, is to imagine the world with one thing changed and what the ramifications are of that change. And so putting a few pounds on Hamlet does give you some different opportunities.

**Craig:** Without question. And as we progress through our evolution of narrative understanding, our interest in narrative cutting closer to what is real seems to be increasing. We want to see things that are true to the world around us, whether it’s actors that aren’t just white or aren’t just traditionally beautiful or aren’t just thin. And so I think it’s a good thing for us to start asking those questions all the time about everything.

It’s also good for the audience. I think it’s what they want. I mean, there will always, always be a desire for idealized perfection on screen. People will always want to see beautiful people doing very big romantic things on screen because ultimately we’re not that far off from where we were back in the days of the Greeks when gods would come down and start doing this stuff.

You know, we look at Brad Pitt on a screen. We’ve elevated him essentially to a demigod. Not spiritually speaking, but that’s kind of the place he’s occupying for us. Not surprisingly, he does really well when he’s playing Achilles, actually.

You know, so we’re getting better and our interests are getting a little more broad in that regard.

**John:** Yeah.

**Craig:** So I think it’s good. I like this sort of thing. I like the fact that people might have been wrong all along about Hamlet. I think it would be cool. And the article does cite that there have been some actors who aren’t traditional skinny that have played Hamlet.

**John:** Yeah. There’s the Paul Giamatti’s who have done it, which is great. I also look at — you look at Lena Dunham and if you took the text of Girls and didn’t have Lena Dunham in that place, and you cast a standard CW pretty actress in that part, it wouldn’t be the same show. And who she is and what she looks like is a fundamental aspect of what that is. And even when it’s not in the text, it’s informing the way the characters in the world treat her. And I think that becomes an important aspect of it.

**Craig:** Yeah.

**John:** Another thing I think about is the movie School of Rock, Jack Black is sort of iconically great in the central role in School of Rock. They’re making the Broadway version of that. And they cast Alex Brightman from Big Fish in that part. And so it’s that challenging thing where you say like, well, he’s not playing Jack Black. He’s Alex Brightman. He’s doing his own thing. And yet it was determined that they wanted him to be sort of Jack Black size. So he actually is heavier now so that he is more reminiscent of our perception of what Jack Black was like in that movie. And that’s an interesting thing. And I’ll be curious if down the road, that musical is going to be huge, but a year from now or when Alex leaves the show and another person comes in, will they always have the requirement that that actor has to be heavier? Or will we eventually get to the point where you realize that wasn’t important at all.

Hedwig and the Angry Inch, you know, they kept changing through the actors on that, and it became less and less important over time that it be so iconically the same way that we saw it from the movie.

**Craig:** Yeah. They’ll run into that, I assume, at some point when they’re doing the umpteenth version of Book of Mormon that Elder Cunningham won’t necessarily have to be zaftig. It’s interesting. I don’t know necessarily why they felt that the lead in School of Rock the musical had to be heavy. I mean, it’s interesting. Maybe they did it to avoid the criticism that they didn’t have somebody — I mean, part of the problem with the world now is everybody is in fear. We live in fear of being accused of something. So, sometimes these decisions are made in weird ways that are a little calculated. That’s actually a really interesting thing that they asked him to gain weight for that.

**John:** I was thinking back to Big Fish when we did it with Norbert Leo Butz. And so I had the luxury of seeing a bunch of different actors play that role. So we had Hugh Jackman. We had other actors along the ways different people playing that role. And that was incredibly helpful as an author to see what is the character and what is what the actor is bringing to the character.

Ultimately, because Norbert Leo Butz was the Broadway version of it, that does sort of solidify in mind like, oh, that’s what that is supposed to be. And then after we’ve closed, and I’ve seen regional productions, and the Boston version I was there, just people are fundamentally different. And they bring different things to the role. And it’s been really fascinating to see the inherent aspects of the person come through and what that character is and sort of how does that change our perception of the character and the story based on who we cast in those parts.

Same thing happens like with the Will character and many productions are even much more multi-ethnic than the Broadway version. And if you break the essential belief system that these are all people who are biologically related, how does that change your perception of the story?

**Craig:** Right.

**John:** It’s been fun to see.

**Craig:** You can start to see why people panic so much when they’re casting a movie, because that’s your shot.

**John:** Yep. That’s such a great point, because in a movie you’re casting it exactly once. In everything — a play or musical, you are — every time is a different assembly of unique elements.

**Craig:** Correct.

**John:** Cool. It’s time for some One Cool Things. My One Cool Thing is a brand new show called Computer Show by Adam Lisagor, the incredibly talented director and star of many great online videos and other things, commercials. Computer Show is set in 1983. It is very much like the Computer Chronicles on PBS, if you remember that. Except that it is these hosts are interviewing people who are running modern companies. So, they’ll interview the guy who created Reddit or other sort of VC entrepreneurs. And they are completely clueless about what they’re talking about.

And so it’s incredibly deadpan in a very great Adam Lisagor way. So I will include a link to several episodes of that. It’s just terrific and Adam is so smart.

**Craig:** That sounds like something I would like.

**John:** You would like it.

**Craig:** I would. My One Cool Thing, of course, is Tesla Autopilot.

**John:** I honestly don’t know what this is, so tell me all about it.

**Craig:** So the most recent generation of Tesla Model S automobiles came with all these sensors built in. And initially the only functionality was basically what you can get in a lot of modern cars. For instance, the adaptive cruise control. So if you set your cruise control in a lot of modern cars it will read ahead and slow down if it detects that it’s creeping up on a car. Stuff like that.

Or when you get too close to a curb it goes boop, boop, boop. Nothing special. But, just this week, Tesla released a major revision of its software which is unique to Tesla. Only they can really do this. It’s spectacular. It’s like you get a whole new car. And they turned on a whole bunch of functionality. And now the car has autopilot. I can get onto a freeway and I’m in my lane, I pull twice on the little cruise control stick, and it drives itself.

So, now it is adjusting its speed and also moving the steering wheel and following the lane.

**John:** Wow.

**Craig:** If I want to change a lane, I hit the lane change signal, and it goes, oh, you would like to go to the left lane. It checks, yep, good, moves into the left lane, and then stays in that lane. Now, it’s in beta, and they say keep your hands on the wheel just in case, but I tried it and it’s so creepy and good at what it does. And I know for sure that within — I’m going to say within 10 to 20 years, no one will be steering their car.

**John:** I concur with you that that will happen. And I’ll also be fascinated to see whether learning how to drive a non-super automatic car will be just like a, I don’t know, will it seem like a vintage thing, or will it still be a mark of distinction that you still know how to drive? I’ll be curious what the future is like for that.

My question about the autopilot in its current form, so it does not have your navigation information in, so it’s only if you’re already on the freeway, then you can hit this button and it will engage. And that you will disengage that when it comes time to exit the freeway, correct?

**Craig:** Yes. Exactly right. So if you press on the brake. So it’s braking for you and accelerating for you, but if you press on the brake, or move the steering wheel yourself, it goes, okay, you’re back in control now. It’s academic to look ahead and see that, yes, they will integrate the navigation into it. They’re going to integrate reading stop lights and stop signs into it. It’s just inevitable.

This is the first step toward it, but it’s inevitable.

**John:** It’s going to be great.

**Craig:** Yeah.

**John:** All right. That is our show this week. So our outro this week comes from Matthew Chilelli. If you have an outro, please send it to us. You can write in at ask@johnaugust.com and send us a link.

Our show is edited by Matthew Chilelli and produced by Stuart Friedel. A reminder that we have transcripts for every single episode of the show. So if you go to johnaugust.com and search for Scriptnotes, you can find every back episode.

If you would like to listen to the back episodes, you can find them at Scriptnotes.net. It’s $1.99 a month for a subscription there. It gives you access to the whole back catalog and the ability to use our apps to get back to those episodes. So that’s at Scriptnotes.net.

A reminder that I will be talking with Drew Goddard on October 28 at the WGA. So if you want to come to see that you should get tickets. There’s a link in the show notes. The show notes are always at johnaugust.com.

Short questions are great on Twitter. I’m @johnaugust. Craig is @clmazin. Longer questions, write in to ask@johnaugust.com.

Next week will be a normal week, and then we’ll be in Austin. And the Austin episode should be up a normal time on Tuesday after that. Craig, thank you so much for a fun show.

**Craig:** Thank you, John. See you next time. Bye.

**John:** Bye.

Links:

* [Get tickets now for the WGAF’s October 28th Writers on Writing event with Drew Goddard, moderated by John](https://www.wgfoundation.org/screenwriting-events/writers-on-writing-with-drew-goddard/)
* [Austin Film Festival 2015 panel schedule](https://austinfilmfestival.com/festivalandconference/conference/2015-panels/)
* [John Carpenter Wins Plagiarism Case Against Luc Besson Over ‘Lockout’](http://blogs.indiewire.com/theplaylist/john-carpenter-wins-plagiarism-case-against-luc-besson-over-lockout-20151015)
* [Exorcist: The Beginning](https://en.wikipedia.org/wiki/Exorcist:_The_Beginning) and [Dominion: Prequel to the Exorcist](https://en.wikipedia.org/wiki/Dominion:_Prequel_to_the_Exorcist) on Wikipedia
* [/Film and How Did This Get Made’s oral history of Theodore Rex](http://www.slashfilm.com/theodore-rex/)
* November is the month for [flu shots](http://www.cdc.gov/flu/about/season/flu-season-2015-2016.htm), [Movember](https://us.movember.com/) and [NaNoWriMo](http://nanowrimo.org/)
* [Overcast](https://overcast.fm/) now has chapter support
* THR on [The Problems When Many Writers Work on ‘Star Wars,’ ‘Transformers’ and Other Film Franchises](http://www.hollywoodreporter.com/news/problems-writers-work-star-wars-831582)
* AB63 Tax Program [FAQ](http://finance.lacity.org/content/AB63ProgramFAQ.htm), and on [Reddit](https://www.reddit.com/r/Screenwriting/comments/3ogwef/freelance_tax_for_los_angeles_residents/), [LA Weekly](http://www.laweekly.com/news/did-you-just-get-a-500-freelance-assignment-the-city-might-bill-you-30-000-6040715) and [NBC 4](http://www.nbclosangeles.com/news/local/LA-Freelancers-Get–Tax-Bill.html)
* [Is Hamlet Fat? A Slate investigation](http://www.slate.com/articles/arts/theater/2015/09/is_hamlet_fat_the_evidence_in_shakespeare_for_a_corpulent_prince_of_denmark.html)
* [Computer Show](http://computer.show/) with Adam Lisagor
* [Tesla Autopilot First Ride: Almost as Good as a New York Driver](http://www.roadandtrack.com/new-cars/car-technology/news/a27044/tesla-autopilot-first-ride-almost-as-good-as-a-new-york-driver/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Matthew Chilelli ([send us yours!](http://johnaugust.com/2014/outros-needed))

Scriptnotes, Ep 217: Campaign statements and residual statements — Transcript

October 2, 2015 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2015/campaign-statements-and-residual-statements).

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

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

**John:** And this is Episode 217 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the podcast we’re going to talk about the results of the WGA election and what that means for screenwriters, and we promise, promise, promise to answer several questions that keep falling off the end of the episodes. We keep running out of time. And today we will not run out of time.

**Craig:** No.

**John:** But, Craig, last time I spoke with you on this podcast, you were starting to feel sick and I want to know how you are feeling right now.

**Craig:** So much better. And somehow this time I managed to duck this thing that always happens where I’ll get a virus, you know, standard cold, and then it will go into my chest and then turn into bronchitis. It just didn’t happen this time.

**John:** Congratulations.

**Craig:** Yeah, I mean, well, look, I don’t like taking antibiotics. Nobody does. So, yeah, I’m feeling much better. On top of the world, almost. Exuberant to the point of mania.

**John:** Uh-oh. So this is a rebound kind of thing that’s happening and we should all be really worried.

**Craig:** You should be particularly worried because tonight I’m going to be DMing our latest session of Dungeons & Dragons.

**John:** Yes. So we are going to be exploring the horde of the dragon queen. And when Craig is feeling too good, it is bad for us because that means he may go for the total party kill.

**Craig:** Total. Party. Kill. TPK. TPK.

**John:** So it’s interesting that you’re feeling better, and this small sidebar on the antibiotic discussion, because I have the cold also. You had a worst cold than I did, but it did go into my chest. And so I have the thing where I am coughing up every once and awhile. So I went to see my general physician and he said, okay, I will give you a prescription for the Z-Pack, but I do not want you to take it unless it persists for quite a long time. Because he does not want me, even though it may actually help the situation, he feels like it is bad overall societally for people to be taking antibiotics for such things.

**Craig:** Yeah. I mean, I try and hold off every time. And so this time, for instance, I didn’t call. I just waited and it worked out. When it happens to me and it goes into my chest, it just gets worse and worse and worse. I get that achy feeling. And then I start coughing up nasty gray stuff. And it’s just over at that point. I’ve lost.

And I have to say, luckily for me, the Z-Pack works every time brilliantly. But, yes, we are all rolling the dice, aren’t we?

**John:** Yeah.

**Craig:** Playing the fool’s game.

**John:** Yes, you could be the patient zero that starts the next epidemic of antibacterial resistant strains.

**Craig:** Yeah. I didn’t want to be somewhat uncomfortable, so you’re all dead.

**John:** All right, let’s get to some follow-up. Question from Skye in Manitoba who writes, “I have a question regarding your recent discussion on the PG-13 rating system and the use of language in certain films. Your discussion focused mainly on two specifically frequently used swear words, the S-word, and the F-word.” And so I’ve cleaned this up for broadcast here.

**Craig:** All right.

**John:** “Suppose that I was writing a script and I did not use the above words, but I might want to use another word that references male or female genitalia in a non-sexual context, calling someone a dick or a C-word. Is the limit you mentioned on the podcast, that is one non-sexual F-word in a PG-13 script, applicable in this context? Also does the same rule apply to swear words from other countries? Like if a North American film featured the British word Bugger or the French word Zut?”

**Craig:** Zut alors.

**John:** And I don’t know how bad those words are, so maybe we’re getting an explicit rating in other countries.

**Craig:** Possibly. I don’t think Zut is particularly bad. Bugger, in England is still kind of mild, although it’s specifically connected to anal sex. It’s buggery. Sodomy is very similar. But people say Bugger It all the time there.

I think that probably calling someone a Dick in a PG-13 movie is absolutely fine. The C-word, See You Next Tuesday, pretty loaded here in the United States. So, I’m guessing that would not work. In England, it’s right up there with bugger I guess. It’s just things that people toss out. So, yeah, it is a little bit contextual. For the MPAA here in the United States, all they’re doing is rating movies for release in the United States. So, it doesn’t matter what other countries think of particular words because other countries have their own ratings boards and their own way of rating films.

But, here in the United States, I would imagine See You Next Tuesday is going to get you booted to R.

**John:** Yeah. I included Skye’s question because I think overall it’s important to remember that it’s not just a simple like you get one use of these certain words. There is an overall context of how much you’re using explicit language. And so you might get away with one S-word and a Dick, but if you had — in aggregate there could be too much that pushes you over the limit. So, you do have to be aware that they’re watching the whole film, and so it’s not just a checklist of how many times you said a specific word. There’s overall situations where you might get dinged because of general coarseness of language. And so we aired that episode, a couple of screenwriter friends wrote in to say that they’ve had situations where they didn’t even use those words, but overall things were considered aggressive enough that they had to change some language.

**Craig:** They keep an eye on what they call a cumulative effect of things. You know, in terms of casual language, I think the good old S-word — you can pretty much go to town with that one and stay within PG-13. They’re pretty okay with that. And, frankly, how many times can you actually say that word anyway?

Yes, but you’re right. They aren’t really doing math. Nor are they really adhering to super hard and fast rules. In fact, any rule they have, they also have a rule that they can break their rule. So, you know, it’s a roll of the dice either way.

**John:** All right. Let’s get to some new stuff. Election results. So this last week, right after we recorded the podcast, election results were announced. And, Craig, how did you feel about the results of the election?

**Craig:** Very happy, bordering on elated.

**John:** See, that’s I think why you’re feeling better. It’s not because the virus passed. It’s because you got a happy email in your inbox from the WGA.

**Craig:** I think I’m feeling better not because of the good things that happened to people, but because of the bad things that happened to people, because I’m an awful person.

**John:** There’s reason for pure joy and a little schadenfreude in the results —

**Craig:** A little schadenfreude, yes.

**John:** In the results of the election. So, the headlines are Howard Rodman was elected WGA president. You and I both think that Howard will do a superb job leading the organization. And then we were very curious about how the board of directors would be composed. And the two people that we were both stumping pretty hard for, Zak Penn, and Andrea Berloff, both were elected.

**Craig:** They were. They were elected and they were also elected convincingly. So, one thing that happens is they publish the vote totals. And while the vote totals in and of themselves aren’t determinative of anything, everybody has the same authority on the board, when you are elected to the board everyone has a sense of who kind of made it by the skin of their teeth and who was swept in with some force. And if you’re swept in with some force, people kind of — they take you a little more seriously.

So, our winners, the top vote getter not surprisingly Billy Ray. And he was an essential for all of us. Then Meredith Stiehm, Andrea Berloff, Mara Brock Akil, Luvh Rakhe —

**John:** I thought it was Rakhe [pronounces it Rock], but I’m not even sure.

**Craig:** Luvh Rakhe. Sorry Luvh. Zak Penn. Carleton Eastlake. Ari Rubin, and Patric Verrone. So, here’s what’s fascinating, to me.

First of all, if you look at Writers Guild politics as basically moderates over here and wackadoodles over here, not to editorialize.

**John:** [laughs] Not a bit.

**Craig:** This was a huge victory for the moderates. And the moderates, by the way, that changes from time to time. I mean, look, Howard Rodman, who is somebody that you and I both backed, was once one of the wackadoodles. And then, I think, got a pretty good eyeful of the way things actually worked and not surprisingly as a rational person started to adjust.

So, voting for Howard was essentially a vote for continuity from what Chris Keyser had been doing for the last four years and what Billy Ray has been doing for the last four years. And so that was great to see.

In terms of the vice-president, David Goodman was elected. I think David and Carl Gottlieb were kind of similar, so I don’t think that was indicative of much. Aaron Mendelsohn is our secretary-treasurer because he ran unopposed, which I hate, but fine. We dealt with that topic last time.

Now, on the board issue stuff, what’s fascinating to me is this — not only — so Carleton Eastlake is associated with Patric Verrone. And Carleton got the seventh lowest vote total. He was also an incumbent. Now, as tradition goes, incumbents always get reelected and always get reelected convincingly, except this time. Carleton slides all the way down to seventh place.

Patric Verrone, the former president, two-term president of the Writers Guild, and leader of the glorious strike, didn’t even get in the top eight. He becomes a board member because Aaron Mendelsohn is now secretary-treasurer and vacates his seat. So Patric only serves for one year, the remaining part of Aaron’s term. That’s shocking.

**John:** And so I’ve heard several different theories about sort of what’s really going on. One of the theories I heard is that the overall percentage of members voting was up from previous elections. We had 27% of members voting, which sounds really low, but apparently for union elections is actually pretty high.

**Craig:** Yeah.

**John:** And there’s a theory that the sort of Patric Verrone camp, the people who were sort of all riding on — it wasn’t officially a ticket, but it sort of felt like a ticket, that there might be kind of a ceiling to sort of how many votes those people got because Patric got sort of the same number of votes he usually gets. But more people voted and more people voted for these other folks.

**Craig:** Yeah. I think that Patric has indicated his maximum support, which at this point is very soft. And to continue the theme of softness, Dan Wilcox and Alfredo Barrios, who were both incumbents running for reelection and aligned very strongly with Patric, didn’t even make it into the top nine.

And when I say they didn’t make it into the top nine, what’s shocking to me is they didn’t just lose to a bunch of people, they lost to some people that had run before and lost themselves. For instance, Luvh Rakhe, he had run, I think twice before and lost.

**John:** Yeah.

**Craig:** So, this is pretty remarkable to me. And I think it signifies fairly strongly the end of an era. Joan Meyerson, who was Patric’s strong endorsement for president, lost by a ton. I think it was a two-to-one vote.

So, I’m incredibly encouraged by this. I thought that Dan Wilcox was a terrible board member. I’m glad to see him go. This is a much better board. And, by the way, it’s a more diverse board. We have more women. We have more people of color. We have — and the best news of all, John — three, I believe, three feature writers? Maybe four?

**John:** Which is remarkable. And that’s part of the reason why we were so vocal in urging people to vote for Andrea and Zak Penn to make sure that we have feature screenwriters represented on the board.

**Craig:** It’s huge. It’s a great result for us. And I think that — I’m happy to say that in terms of 2017, because we have a new contract coming up, we aren’t in a position where we’re definitely striking. We would have been with Joan Meyerson and a stronger Patric, and Dan, and Alfredo. Oh, no question.

Now, we actually have a chance of negotiating a deal as we have in the last two years. So, very encouraging.

**John:** So, the election is done, but the issues remain. And Jonathan Stokes, a listener and a friend, wrote an email saying, “Hey, could you and Craig talk though some of the issues I see brought up in all of these campaign statements and talk through what they actually really mean?”

So, when Craig and I were on Franklin’s podcast, we sort of talked through some of these things. But I wanted to just give some bullet points of like these are the things that you’re going to hear a lot over the next two years, and some quick impressions on sort of why they’re important, and what the choices are that we have ahead of us.

**Craig:** Yeah.

**John:** So Jonathan brings up agency packaging fees being abusive to writers. So, packaging fees are ways in which the agencies actually collect money from a package being set up either at a TV network or in some cases a feature film, where rather than commissioning from the client, from the person who they represent, they commission from the studio. And there’s reasons why that can be really bad for the writer, but it’s also really complicated.

**Craig:** I’ve never heard of it for features. I’ve only heard of it for television.

**John:** You know, I say that it can’t happen for features in that I’ve seen it, but it’s really a historical thing. I remember there being packages set up with a big spec script that went out with certain people attached and there were ways to do it. But, yes, it is really a television concept.

**Craig:** As a feature writer, this is the one I’m fuzzy on.

**John:** Yeah. Paper-teaming of writers, and this is a thing that’s come up a lot. Paper-teaming, for people who don’t know, is where a show is putting together its writing staff and they decide, you know what, I really like Pam and I really like Chuck. They’re both really good writers. And they’re both really good new writers. I would love to hire both of them, but I can’t. I only have one spot. So, hey Pam and Chuck, why don’t we say that you’re a team and we will put you together as a team and you will get one salary to share, because hey, you’re a team.

And that is a thing that happens far too often in Hollywood today as we’re making TV shows. So that’s called paper-teaming. And something needs to be done because it is a really abusive practice that happens to some of the most vulnerable writers out there.

**Craig:** Yes. We have to kill that. And I’m very concerned that it’s not something we can kill through negotiation. My great worry is that the way to kill it is through showrunners standing up and saying we’re not going to do this.

**John:** Craig, I have a theory, and I’m pretty sure my theory is impossible and unworkable. So I’m going to speak it aloud and then you’re going to tell me why it couldn’t work and then I’ll just move on.

**Craig:** Neat.

**John:** So my theory for how to end paper-teaming of writers in television is you are only allowed to hire a team if they are a bona fide team. And how we’re going to track bona fide teams is that they have previously been paid together as a team. Or, they have registered with the guild as a team. And if you attempt to hire a team of writers that is not a bona fide writer under those two conditions, sorry, you cannot do it. And by you cannot do it means you cannot actually hire those writers.

**Craig:** When you say register with the guild as a team, is that something that any two writers can do? Or, does the guild need to see the same history of teaming?

**John:** I believe that it should be something that any two writers are able to do.

**Craig:** Okay, great. So I have Pam and Chuck. I want to hire them both. I can’t. I want them to be a paper team. So I call them up and say I’ll hire you, but only as a team. Go call the guild and register as a team.

**John:** Great. And so there would have to be a criteria, a limit on that basically saying you have to have been registered as a team for three months, six months. You’d have to create a system where you couldn’t just force people to do it. You couldn’t shotgun people into doing it at the last minute.

**Craig:** Okay, new problem.

**John:** Sure.

**Craig:** Pam and Chuck are both writers. They’ve been trying separately to get TV gigs and they’ve had some success, but not much. Then they meet a guy — and they sit down together and they’re like, you know what, we should write together. It would be fun. And so they call up a friend of theirs and say, you know what, we’re thinking about working together as a team. Are you looking for a writer on your show? Yes, I am.

Oh, I can’t give you the job. Why? Because you didn’t register with the guild six months ago.

**John:** I think in that situation Pam and Chuck are SOL. And that is their own fault.

**Craig:** It’s their own fault for meeting — they met too late?

**John:** It’s too late. Essentially, like, you guys haven’t worked together. You have no track record of working together.

**Craig:** But you’re taking their choice away. I mean, in other words, you’re saying to writers you’re not allowed to choose to work together and get the benefits from it unless you chose six months before the benefit could occur.

**John:** So, I would say that union representation is always about taking away choices. So, union representation means that we do not allow you to choose to work for certain employers. It means we do not allow you to accept less than certain amounts of money.

So, yes, it is limiting your choice, but it would be limiting your choice in a way that would protect you from abuses.

**Craig:** Right. Okay, so I guess the only objection left then, because look, generally it seems like a decent idea. The only objection left is that the companies will say no.

**John:** Well, actually can the companies say no? My theory is that when the company says we’re going to hire this writer and pay them half of their salary, the union can say, no, you’re not allowed to hire that writer for half their salary.

**Craig:** Of course they could. I’m looking at the MBA. Now I’m talking like a company nerd. I’m looking at the MBA and it says that I can hire a team of writers for this amount of money. They say that they’re a team and so I’m hiring them. And you don’t define what a team is. The MBA doesn’t say you define what a team is at all. In fact —

**John:** Oh, that’s so fascinating.

**Craig:** We have a definition of what the team is in the MBA. And it doesn’t involve you, or your certification, or anything. [laughs]

**John:** Mm.

**Craig:** Mm.

**John:** There’s the roadblock that Craig, going back to the MBA, and finding the way. And I should have anticipated that because during the last round of contract negotiations, one of the things that the studios floated was the idea that a team could be three people. And we said, uh-uh-uh —

**Craig:** Oh, yeah, they’re going to try now to paper-team three people together.

**John:** Good times.

**Craig:** Yeah. Why don’t you paper-team them all together, you jerks?

**John:** All right. I still think there may be some way to do what I am suggesting. And this is really modeled on how the DGA prevents there being two directors on a movie. And everyone hates it, but it’s a way to sort of make it so that it’s one director.

**Craig:** Well, that’s in their agreement, though.

**John:** Yeah, it’s in their agreement.

**Craig:** Yeah. Part of the problem is that there is a tradition, a very healthy, longstanding tradition of teams in writing. And so the companies very craftily have found this week spot. I tend to believe that the Writers Guild is horrendous at solving things through legislation. And that this needs to be solved politically with the showrunners. Because here’s what happens. The showrunners have a certain amount of money to hire writers. And they want more people in the room.

So, they’re told here’s a way you can do it. And they have to have the wherewithal and the strength to say, no, I’m just going to hire one writer per writer position, or hire a legitimate team, because we all know. We don’t need — it’s I know it when I see it. I know a real partnership when I see it.

So, it comes down to — I think it comes down to the showrunners to great extent.

**John:** I think you are probably right. I’m just holding out hope that some part of my idea is workable. I didn’t think I would actually be able to solve it just in spit-balling it here on a live podcast.

Next up on the bullet points, free unpaid pre-writes and producer drafts. This is a thing that happens both in features and television, but features is obviously where I have the most experience with you’re writing a bunch of stuff to get the job, which is crazy. And you’re not being paid for that stuff.

**Craig:** What’s so distressing is that I got involved in Guild politics back in 2003. I ran for the board in 2004. And this topic was super-hot back then. Nothing has changed. We are now — it’s 12 years later. And the reason nothing has changed is because the guild is essentially powerless here. I hate to say it.

There was an arbitration. The guild challenged the companies on — particularly this producer draft issue — and per the MBA it was adjudicated by an arbiter and the arbiter said, no, the deal is this, a writer can end it at any point, development. I write a draft. Oh, you know what, can you fix this? Can you do that? Write another draft. Write another draft. Write another draft. And then we’ll turn it in. And what the arbiter said was the writer can write a billion drafts if they want. Any time they want to get paid, they just turn the draft in to the person indicated in their contract. And that’s a fact.

When people say that this is a guild problem or a union problem, it’s not. I’ve finally come to this place. It is an agent problem. And it’s a writer problem. And, yes, it’s a studio problem in the sense that they’re behaving poorly. But let’s just assume that that’s not going to change. Agents and their clients, but particularly agents, need to figure this out.

**John:** I’m going to make the point that you would usually make at this juncture, as we’ve talked about this a thousand times, is that it is a studio problem to the degree to which they are sometimes getting material in pre-writing that they have not legally obtained. And that will come back to haunt them in a lawsuit. That will be a big copyright problem in the future.

**Craig:** It already has, I think, bitten them a number of times. It’s something that I’ve brought up specifically in our meetings with the studio heads, you know. Sometimes I’ll go, and you’ll go. And they all seem very nervous about that. But they’re not the ones making these demands. It’s the lower ranks who are doing it. And they’re not going to stop because everyone is selfish. So, you have a junior executive who is trying to get ahead. And what they want is a writer that’s going to deliver and then they could say, look, I found this person. I found her. She delivered. Promote me.

That executive doesn’t give a sweet damn about IP or rules or blah, blah, blah. They’re all knifing each other in the back to get ahead. There are so few positions and so many people that want to do this job. So, they’re just going to cheat. And writers end up suffering. And if the agencies can’t get their act together on this, then it won’t stop.

**John:** It is surprising to me that I think we have such large powerful agencies and yet they don’t seem to have very much control over making things better for their clients. The general sort of observation that is not — will have no effect, but just an observation.

Related issue, one-step deals. So, one-step deals is where you’re being paid a certain fixed amount for writing this draft and there is no guarantee that you will have subsequent drafts. Why this becomes an issue with free rewrites is that there is a natural inclination to keep writing, and keep writing, and keep writing because you will not get to those optional steps unless they are happy with you. And one-step deals really goes hand-in-hand with free rewrites.

**Craig:** It does. There’s another dark side to one-step deals and that is that it deprives newer writers of the experience and education that you get going through a proper development process where — and this is something I remember I said to a studio head. I said how are writers supposed to learn how to work for you when you don’t let them. You give them a contract that gives them one step, and all they do is work with the producer. That’s it. And the producer grinds them into a jelly and then you get a script. And then they’re done. And they never worked with you.

They didn’t get your notes. They didn’t go through your process. When I started, I was only working with the studio and I got two drafts, so I was able to try things. I wasn’t also living in such a crazed state because I only had one guaranteed step that I was constantly looking for the next job, so my eye was never really on what I was doing, but always on what I could be doing. There’s so many things that are wrong with one-step deals. Perhaps the worst is that when you have writers that are earning closer to the lower end, they effectively — we are effectively destroying our scale, our minimum payments, because they’re writing five drafts for the price of one minimum, right?

So, one thing that I’ve been talking about for a while, and maybe we can float this one to the companies, is a negotiated term that says if you’re going to pay a writer less than two times scale for a draft, then you have to make a two-step deal with them. If you pay them two times, a minimum of two times scale, then you can do a one-step deal. At the very least, then, we’re protecting the lower end scale writers. Those are the sort of terms where I feel like I could say to the company, look, I’m not asking you to shove more money into Richie Rich’s pockets. This doesn’t impact me. I’m trying to protect the farm team for us all.

**John:** I think there is some good reason to have hope for traction in that idea, because I’m thinking about you and I are sort of at the upper tier of what people are paid for things. And I get frustrated when I am approached with a one-step deal, but at the same time my one-step is a big chunk of money, and those second steps and third steps are big chunks of money, too. So, I can understand the apprehension. Like, we’re not even sure if we want to make this movie and we’re not sure we want to be on the hook for so much money. I kind of get that.

**Craig:** Right.

**John:** It is so abusive to those younger writers and the people who are just starting out. My very first deal was for How to Eat Fried Worms over at Imagine. And it was a standard one-step plus two optional rewrites, plus two polishes. And I burned through all five steps on that project. And I learned so much, because I had to do five really big drafts.

And along the way, honestly, there were some like let me show the producer, let me show the development executive. There were some interim things that were there, but it was never a big deal to move on to my next step because those steps were there and there was an expectation that we’re going to go through those steps.

And that was great.

**Craig:** You were also extended the opportunity to begin a career. Why would anyone who is really smart want to do this if the idea is, so, we’re going to work you for a year and you’re going to get paid $110,000? Well, if you’re a Princeton graduate and you have a lot of earning potential and you’re really smart and what you want to do is be a screenwriter and write feature films, that’s not going to do it, because it’s not $110,000. It’s $100,000. Now it’s $90,000 when you get rid of your agents, your managers, and all the rest. Now it’s really $60,000. And that’s it. For your year, that’s $60,000.

Well, this guy could probably start out at law firm and make 80 or 90. And then you might not even get past that one gig ever.

**John:** Yeah.

**Craig:** It’s really frustrating to me.

**John:** So let’s assume you do get a movie made, new media residuals will be a factor that you will keep discussing through the end of time. We used to call these new media residuals, but now they just should be thought of as residuals.

**Craig:** Residuals.

**John:** Yeah. They’re the bulk of probably what you’re going to be getting in the future. So, residuals, again, for people who are just joining us for the first time, residuals function kind of like royalties if you’re used to royalties in a book publishing world. They are payments given to screenwriters, to actors, to directors, for the sale on home video, or rental on home video, of things that are originally shown theatrically, or that were shown on television. It’s for those reuse. And so it’s a payment that the studios are required to give you for reuse.

Those rates are set and negotiated in the contract. They are a huge part of every contract negotiation. And at all times, writers believe that those rates should be higher. At all times, studios believe those rates should be lower. And we will squabble over ever period and comma in the definition of what those residuals are.

**Craig:** Well, we can squabble all we want. They’re not going to change, at least they’re not going to be changed by us. The directors will negotiate first. If any changes occur to those residuals formula it will be through that negotiation. You know, we can try, but history has taught us that once the formula is set, it’s set. There are a couple little squidgy areas where maybe things are evolving a bit, you know, like ad-supported streaming and things like that with the imputed values and so forth.

But, in terms of features, yeah, the deal is it’s home video rate for stuff before 2008 and it’s the 1.8% of, what is it, 25%, or 50%? I can’t remember. Anyway.

**John:** Yeah. Portions of portions.

**Craig:** 20%. It’s 1.8% of 20%. And then for sales it’s a full 1.2 of 100%. And that’s it. That’s not changing.

**John:** As we’ve said on the podcast before, if you want to give a screenwriter the most amount of money for watching a movie, it is to rent it on iTunes. Because that is actually the formula that gives us the biggest residual payment.

**Craig:** Yep.

**John:** Yep. Next bullet point in Jonathan Stokes’ email is bakeoffs. Bakeoffs are really a form of often pre-writing. It’s when you are bringing in a bunch of screenwriters to say, hey, we have the idea to do a movie about haunted paperclips. What do you think — come in and pitch us your haunted paperclip movie. And they bring in a bunch of screenwriters, all to tackle one idea. And then they hopefully pick one of those ideas in order to try to develop that into a movie.

Bakeoffs could involve writing. They could not involve writing. But they involve a tremendous amount of a feature writer’s time and they’re generally a bad thing. They’re generally a very frustrating waste of time for almost everybody involved.

**Craig:** Yeah. And there’s nothing we can do about it.

**John:** Yeah, there really is very little we can do about it, other than just saying no. And so that is, again, a situation where I feel like agencies have to take a stronger hand. If you see that 10 of your clients are going in to pitch on this movie, there’s something wrong, and you need to intervene and stop that.

Next bullet point, the possible erosion of studio pension contributions. I don’t know anything about this.

**Craig:** I don’t either. Just so people understand how this works, when we get paid under a guild deal, the studios kick in a certain percentage on top of what we get paid. So, let’s say I get paid $100. They have to add another, I think at this point now it’s like another $8 on top of that into the health fund, and another $8 into the pension. And that’s tracked. And those contributions are tracked on my behalf. And then eventually I qualify for healthcare on a year-to-year basis. And then when I hit retirement age, I get my pension.

**John:** Yep.

**Craig:** And over time, despite the hysterical nature of the way political campaigns are run in our union, when we get to these negotiations, what it basically comes down to is we’re going to give you a certain amount of money. And the way we look at it is that money is in terms of healthcare and pension and residuals.

And healthcare and pension have been seriously impacted by the market crisis and by healthcare costs. And so a lot of times we’ve come in with a fairly weak hand and basically said, look, just keep our pension and health healthy. And we have.

There’s something else looming, however. And it’s a direct result of the Affordable Care Act, or Obamacare, and that is this impending tax on so-called Cadillac plans. We have a very good healthcare plan. And it may get severely impacted by the law. And this is one of those interesting areas where the unions sort of turned on their democratic bedfellows because this wasn’t going to work out well for them, or at least some of the unions.

So I don’t know where that is right now. But we will always, I think, no matter what people — because it’s funny. Most writers, they think like, yeah, we’re going to go into negotiations and we’re going to fight for better jobs and more dignity. And I wish that that were true, but mostly what we’re fighting for is to make sure that you can still go to the doctor and get paid for and that there’s something waiting for you when you’re old and you retire.

**John:** Yep. These are crucial things. Getting older and retiring, just this last week I was having a conversation with a writer and I had to confess that I fundamentally did not understand how retirement worked for WGA screenwriters. Well, I kind of assumed I would never retire, because I can’t ever imagine stopping. And she informed me that like there really is a reason why starting at 55 you might consider taking retirement. And you would essentially retire for a month and then unretire and start working again. Because that would allow you to start collecting your pension.

And that was enlightening but also horrifying, because I can’t imagine retiring even for that month. It just feels crazy to me.

**Craig:** I have been looking at my pension statements. And on the one hand, I’ve fantasized about this day when I could just lounge around and collect checks. But, yeah, you know, the closer you get to it, the weirder it feels. I mean, you know, look, we’re all still children inside our heads. And retired people are the elderly who either mutter in a booth at McDonalds, or are sweeping up at McDonalds just to keep busy.

And I don’t think of myself that way. But, you know, you and I, we’re basically the same age. We’re mid-forties.

**John:** Yeah, we are.

**Craig:** And it’s bearing down on us like a freight train, buddy.

**John:** Yeah, it’s crazy to me that it would be even a possibility. So, the other thing I should stress is that the WGA pension is probably an important part of retirement for most WGA members, but that nothing precludes you from setting up your own retirement accounts. And you should.

**Craig:** Oh, yeah.

**John:** You should fundamentally do that. So, anyone whose entire retirement savings is based on the WGA pension would have to live a more frugal life, I guess, in order to make it through the end of their ages.

**Craig:** Yeah, I mean, look, most people have nothing except for Social Security. Then, for those of us who are vested in the Writers Guild pension plan, we have that on top of Social Security. And then, hopefully, you’ve also made your own independent investments in IRAs and 401(k)s and all that other stuff. You know, that’s why I keep thinking like, ah, maybe it will be awesome, you know? Because there’s a whole bunch of money I have that I can’t even touch.

**John:** Right. I do feel like at some point we need to have, I don’t know if it makes sense on the podcast, or just some sort of WGA session where once people start making like significant money where we just sit you down and say like, okay, here’s the reality of what you need to start doing. Like at about the point where people need to incorporate, there just needs to be a little sit down and say like, okay, here’s how not to be an idiot about your money. Because I do find there’s this wall that people hit where it’s like suddenly, oh my god.

**Craig:** It’s amazing. And writers — and this is where writers also turn everything over to business managers, which makes me nuts, because now you’re paying somebody 5% of your income to do something that we could probably explain to you in four minutes. Let’s put all those people out of business. I love this idea.

We’ll do a podcast that’s basically just for rich people. It’s exciting.

**John:** Yeah. We’ll do the high class problems podcast.

**Craig:** High class problems.

**John:** The last three bullet points here. Late payments becoming epidemic. Late payments is, again, sort of — to me it’s like the Student Council election where like we’ve got to do something about apathy. It’s like it’s one of those things that’s an evergreen topic. Checks have always come late. And it seems like they come later every year, but I think it also just seems like they come later every year. I’ve advocated for a long time publicly shaming studios that are the worst about late payments, but that’s an enforcement thing. It’s not a contract thing. That is a spending the resources at the guild to go after those late payments.

**Craig:** Yeah. I mean, you could shame them. What does that mean? When you get offered a job to write something there you’re not going to take it? [laughs] You’re going to take it.

**John:** Yeah, I say publicly shaming in terms of having the guild actually collect statistics and — the guild knows exactly who is late.

**Craig:** Oh yeah. They know.

**John:** And actually just taking out the ad in Variety saying this is who’s late.

**Craig:** They’ve been threatening that for a while. I think late payment is annoying, but it’s better than non-payment. I mean, in other words, people are getting paid. I don’t know why it happens. This is the thing. Like when I talk to, again, when we talk to studio heads, they’re mystified. They don’t understand it. And then what happens is somebody from a department in a different building will say, well, it’s all this paperwork. And we need somebody to fill the form out. And then you need to call the right person. And blah, blah, blah, blah, blah.

And you realize that there’s this massive machinery to issue checks there, which makes sense, because it can’t just be a simple as somebody picking up a phone and going, “Hey, can you pay this person $700,000?” “Uh, okay.” No, that doesn’t work.

So, it’s just this massive machinery of red tape.

**John:** I always assumed that the like, “Oh, the check is in processing right now,” was just — was that a thing they said. But then years ago I was dating a guy who worked at Universal and I was writing for Universal. And he’s like, “Oh, your paycheck just crossed my boss’s desk.” And it was just crazy. Like literally his boss had to like either sign herself or approve this check.

And so he saw this check that was about to come to me, which was crazy.

**Craig:** “It’s in process.” And then it has to be put into another thing. And then it has to be sent out, and mailed. Blah, blah, blah. And it gets mailed to your agency. And then they take out their — you know, it’s — I don’t like it. But on the list of problems that we have, we’ve got bigger ones.

**John:** Diversity. There’s a problem we could solve.

**Craig:** Oh yeah.

**John:** Let’s spend maybe 30 seconds on diversity here. Matt Damon had a really good answer apparently on to the diversity question on Project Greenlight. I haven’t seen it yet, but he was able to solve it there.

**Craig:** D’oh. Diversity. I know, let’s do more surveys and gather more statistics to show that it’s also bad, again, exactly as it was the year before.

**John:** This feels like one of those situations where, again, you know, in television it’s showrunners taking the lead and making sure that they are finding and hiring the best, most diverse staffs they can. When it comes time for features where it’s studios hiring people, the studios need to hire diverse writers. It’s frustrating, but I don’t think it’s going to be thing that’s going to be solved through contract negotiation.

**Craig:** No. Not at all. And there’s this other thing that I worry about sometimes. Rachel Prior who works for Edgar Wright’s production company, Big Talk, she’s a development executive in the UK. And she’s very prolific on Twitter. A very smart person. She’s an outspoken feminist and she talks a lot about gender topics in our business and the employment of women in our business. And she did say something very interesting recently.

She said, “Look, I want to make sure that when we talk about the tragedies that are occurring statistically,” and we’re just focusing on women for the moment here in terms of hiring of women as writers, directors, producers, studio employees, “that by concentrating on the deficits, which are severe and real, that we aren’t actually discouraging women from wanting to come to this business.”

**John:** That’s a great point.

**Craig:** Sort of like I don’t want a black kid to sit at home and go, “Well, apparently the statistics are that no black people are writing movies, so why would I try?” And I think that we have to do both at the same time. We have to call out the deficits and the failures. We also have to promote the successes.

We must promote the successes, because that’s — nobody is going to come to our business to say, “Well, I know what I’ll do, I’ll fix the negative statistics.” No, people just want to succeed for themselves. So let’s get those positive role models out there. And also some positive stories. It’s not all bad.

**John:** Yep. It’s not all bad.

**Craig:** Yeah, it’s not all bad.

**John:** All right. One of those diverse writers who might be coming to work in Hollywood is Pam in Seattle. And so this is question that we’ve kicked it back for three weeks now. So, we’re finally going to answer Pam in Seattle’s question.

**Craig:** Good.

**John:** So, Craig, tell us what Pam in Seattle wrote.

**Craig:** Pam says, “I’ve written a script which is being well received by the many people I have reading it. I’m revising said script again and again to make it as good as I possibly can. I’m working on the second script, so I have an answer when someone asks me, ‘What else are you working on?’ And eventually I’ll be heading to LA to, well, do something. So far my list is, one, go to LA. Two, sell script.”

I love that.

“If I were to come to LA for a visit, how might I best use my time? I do have a few connections. An actor friend. A showrunner acquaintance. A producer acquaintance. But that’s about it. I don’t want to waste my time or anyone else’s. But I sort of very much don’t know what I’m doing or what I should be trying to do.”

John, some advice for Pam?

**John:** Well, I think Pam is super smart and already kind of funny even in her question. She seems to understand what she doesn’t know, which is great, is that she doesn’t kind of know where to begin. She’s going to want to talk to her actor friend, her showrunner acquaintance, and her producer acquaintance. She’s going to want to sit down with them and get any bit of advice or feedback she can from those folks. But then she’s also going to just kind of soak in to LA and to the situation and figure out where she can meet people who are doing the kinds of things she wants to do.

So if she’s coming to LA for a weekend, there’s not a lot she’s going to be able to do. If she’s coming here for a week, she should have coffee with all those people. She should ask those people, hey, is there anyone else you think I should meet. And if she’s here for a month, then she should try to — an internship may not be possible, but she should try to shadow somebody. She should try to use any alumni connections. Anything she can do to sort of get exposure to people who are actually making film and television.

**Craig:** All excellent advice. I agree, by the way, Pam does seem smart and does seem funny and very realistic. Now, Pam, you have to be a little careful because I’m realistic like you, very pragmatic person. Sometimes those of us who are realistic and pragmatic are so afraid of being delusional that we end up being a little timid.

So, what I would say to you is this — you shouldn’t want to waste your time. Don’t worry about wasting other people’s time. Go ahead, waste their time. You’ve got to push yourself in there. This is not an easy business to polite yourself into. You’ve got to get your elbows and get in there, muscle in. Now, you say you have a showrunner acquaintance. I’d start there. I mean, that’s a big deal. A showrunner is not only somebody that’s very highly placed in the business, they’re also somebody who employs writers. So, whoever this person is, that’s a great starting point.

And really, again, elbow yourself in. Make sure that you get that meeting in with them. It’s more important that than your actor friend. Producer, also, a good idea.

Don’t worry so much about wasting other people’s time. You have to kind of show up with this attitude. I actually deserve to be in this business. I know I haven’t earned my way in yet, but when I do, I will be good.

**John:** So, let’s say that she has her script and she’s gotten feedback from her friends who have brought it back there. If she puts it in competitions and she does well in competitions, if it’s on the Black List site and people like it on the Black List site, she may start to make some contacts of people who said like, “Oh, if you’re ever in Los Angeles…” Those are the people you should actually sit down and meet with when you come to Los Angeles. And you should arrange your trip so that you can get as many of those squeezed in there as you possibly can.

When we had Ryan Knighton on the show, several episodes ago, he talked about like he lives in Vancouver but he comes down here and he books himself solid with meetings for those times that he’s down there. And you’re not Ryan Knighton yet, but you might be. And so you should start booking up all those meetings and those coffees until you have way too much caffeine in you, but that’s great and fine. Take advantage of all of those things.

And some of those people will be jerkoffs and will not be useful to you at all, but you’ll start to learn to anticipate who the jerkoffs are. And that’s education. That’s learning, too.

**Craig:** Yep. Excellent. And don’t be afraid to let people know that you’re ready to move down here permanently. Because they’ll be a little suspicious about the out-of-towner. So many people out of town are like, “Well, I’m just going to play it safe. And once I get a job, then I’ll move.” And that’s never going to work. So, let them know, this is the advanced scout for an inevitable move.

**John:** Great. Adam wrote in to ask, “Let’s say you are a new writer in LA with no agent, no manager, et cetera, and a producer finds your script on the Black List or someplace and options it. What are the next steps you should take? Example, should you ask the producer for a recommendation for an agent? How about getting an entertainment lawyer? Should you contact the WGA? Is there anything you need to make sure you do before signing anything? Maybe you guys could walk us through the step by step from option to production?”

So, that may be too long, but what should he be doing for let’s say a producer is interested in his script?

**Craig:** It seems like all the questions he asked the answer is yes. So, I mean, look, first of all, congrats. Okay, but now you have to be really smart. Somebody is saying that they’re going to pay you some money or make a professional agreement with you on a piece of paper that is legally binding, so smarten up.

Number one, yes, you should ask the producer for a recommendation for an agent. And you should trust that that agent will be independent, even though they come to you through that producer. And you should say, “Look, I can’t really get into an agreement without representation, so help me.”

You absolutely need an entertainment lawyer to evaluate the contract, make changes and adjustments. The lawyer will work on commission, for 5%, and so you don’t have to worry about paying them out-of-pocket. They get paid when you get paid.

Should you contact the WGA? Probably not necessary unless the deal isn’t a WGA deal, at which point you may want to contact the WGA to find out how you can — maybe there’s a way to get it. But again, that’s something your lawyer should be able to do. When you actually sell something that qualifies you for membership in the WGA, they’ll call you. They’re going to find you.

**John:** So how you get into the WGA essentially is once you’re hired to write for a company that is a WGA signatory that has a deal with the WGA, any writer they hire has to be WGA, and therefore if you’re not WGA you have to join the WGA. And that’s good. That’s happy. And that’s a good outcome.

But I completely agree with Craig. And the way I got my first agent was through a producer who was interested in my script. So, it was Michael Shipley who then became a journalist and is now a producer again. He read a script I wrote. And he got the script because Al Gough, who was a classmate of mine, who went on to create Smallville. Al had read the script. He gave it to his intern boss, Michael Shipley. And Michael Shipley liked my script.

And I asked Michael Shipley politely but really sort of hopefully, “Hey, could you help me find an agent.” And Michael Shipley said, yes, I think I know two agents who would be good for you. And one of them I liked, and I met with him, and I signed with him. So that is a very common way to get your agent because an agent fields a bunch of calls, but if a producer says, “Hey, I read something really good. You may want to read this writer,” that is going to go higher up in the pile of stuff for that agent.

**Craig:** All correct. I do want to just adjust one thing you said for people listening so that they don’t get misled.

**John:** Sure.

**Craig:** Meer employment isn’t enough to qualify you for — and compel you for — membership in the WGA. I believe it is in the East, curiously enough, but we don’t talk about them. In the WGA West, there’s actually a system where you earn a certain number of — I think they’re called credits, but they’re not like on screen credits. Credits towards compulsory membership.

So, some jobs don’t get you all the way. For instance, if the very first thing you’re hired to do under a WGA contract is rewrite a screenplay, that’s half the way to compulsory membership. However, if you sell an original pitch or an original screenplay, that’s the full boat, and you’re automatically in.

**John:** Yeah. I should have clarified that, too. My first job did get me all the way in on the one first thing, but you’ll find that most companies have two ways they can hire you. They have the company that is the signatory, and a company that is not the signatory. And they will always try to find a way to hire you through the non-signatory when you’re a new writer. And then you have to remind them, no, no, I am WGA. And therefore you have to do it.

**Craig:** Yes.

**John:** Yes. In terms of finding a reputable attorney, I don’t have any great recommendations other than if you look — this sounds really cheesy and obvious — but if you look through the headlines of like people who sold scripts and they say they were represented by this agent and by this attorney so and so forth, that might be the kind of attorney you want. Some person who has been representing writers who have sold stuff recently. And you may just find a contact through there.

If you’re calling into that lawyer’s office and you say like, “This producer is trying to option my script and I need an attorney,” they might take you. And you might get the junior person there, but that’s fine.

**Craig:** Yeah. And similarly, if you’ve gotten a new agent through your producer, the agent will also certainly be able to recommend a lawyer that they share clients with.

**John:** Yeah. It’s not uncommon for baby writers who sign at an agency to use the agency’s in-house lawyer to do some of their initial contracts.

**Craig:** Correct.

**John:** I don’t think that’s a great idea. I think you’re generally better off having somebody outside.

**Craig:** I agree.

**John:** You’re making so little money, that that 5% might seem really painful, but I think you’re better off having someone else out there. Because for nothing else, they have other contacts, they have more exposure and experience, and they may see things that other people won’t see.

**Craig:** Well, also, remember, when you have outside counsel, the negotiation for your fee is now being looked at by an agent and the lawyer. So, when I’m making a deal, my agent and my lawyer are both on the phone with business affairs and they’re kind of, you know, it’s not like one can get away with soft pedaling it or being easy or being outrageous, because the other one is there to kind of keep a check on them.

**John:** All right. Our final question comes from Lucas Stroughton who asked on Twitter, “Could you please explain on the podcast the difference between backend and residuals? Thanks in advance.”

**Craig:** Sure. So, residuals are fees that we get for the reuse of material on which we have credits. And the residuals are set in our collective bargaining agreement through our union. And basically they take the place of royalties which is what people get when they own copyright. So, remember, we don’t own the copyright in the material we create for the studios. They do. They employ us as work-for-hire.

So we get residuals as a kind of replacement form of royalties. So let’s just talk about movies. Every time our movie is rented on video, or shown on free TV, or shown on pay TV, a certain amount of money is sent to the studio because it’s been reused. And then the studio sends us a small portion. That’s what residuals are.

**John:** Let me clarify a little bit more residuals. Residuals are a thing that’s negotiated by the Writers Guild of America on behalf of all writers. So, I am not individually negotiating a contract with Sony saying like I want to be paid this amount of residuals on this project. No, no, that’s just a WGA thing that is a blanket for all WGA members, just one set rate for what you’re going to get paid on a movie, which is very different from backend, which Craig is about to explain.

**Craig:** Right. I should mention technically you could negotiate better residual terms for yourself.

**John:** But has anyone done that?

**Craig:** I heard once, just a rumor, I heard that —

**John:** It’s going to be Ted Elliott, right?

**Craig:** No. [laughs] I heard that Tom Cruise tried once, and failed, because the precedent is so strong.

Now, backend is really profit participation in the primary release of the product, along with the secondary release. So, residuals is all about the secondary market, reuse, so we don’t get residuals from the ticket sales of a movie. That’s considered the primary exhibition of the movie. Backend is about sharing in the total amount of money that comes in to the studio, whether it’s from the primary exhibition or secondary exhibition. Doesn’t matter.

And there all sorts of different kinds of back-ends. Very typical one is called cash break where the studio says, okay, once we recoup all of our costs and go into profit, like real profit, not the fake baloney profit, then we start paying you a percentage of money. Usually they also have to recoup what they paid you, by the way, as an expense before they start paying you your little piece of the backend.

Then there is the notorious first dollar gross, where you’re actually getting a piece of every — of the gross, not the profit, but the gross money coming in, again, after they recoup what they paid you. Screenwriters generally do not get backend. Screenwriters generally get paid a lot up front, hopefully, or something up front, and then, of course, we get our residuals as determined by our screen credit. And of the amount of residuals they dole out to writers, 75% is reserved for the writers who have screenplay credit and 25% is reserved for the writers who have story or screen story credit. And if there’s no screen story or story credit, then it all goes to the screenplay credit.

**John:** And so when we say backend for writers, there are cases where like a showrunner, a show creator in television will have a backend, will have a meaningful backend, which is really a slice of the pie. And that is incredibly lucrative. There are cases where big actors will have a piece of the backend on either a TV show or a feature.

But for most screenwriters, you’re really looking at residuals as being the ongoing revenue stream you get for having written a movie. And in some ways that makes sense, because as a screenwriter we don’t know which projects are actually going to get made. And you don’t necessarily want to take a deferment on your initial salary in order to hopefully see something down the road. That’s not a great choice.

**Craig:** Yeah. I agree. Interestingly I’ll say that the writers in television that do get backend, or writers in features that get backend are usually getting it as a producer. But not as a writer specifically.

**John:** Yeah. I would agree. All right, I think it’s time for our One Cool Things. Craig, you have the coolest thing of all, so you should start with yours.

**Craig:** I do have the coolest One Cool Thing this week. So my One Cool Thing this week is Melissa Mazin, my wife, my wife of almost 20 years by the way.

**John:** Nuts.

**Craig:** I know. Next June will be our 20th wedding anniversary. How about that?

**John:** Good stuff.

**Craig:** It is good stuff. And I’m mentioning her because she is going to be accompanying me to the Austin Screenwriting Conference this year. So, it’s kind of like I’m smashing two cool things together. Really it’s just a way of saying to people, hey, come to the Austin Screenwriting Conference if you haven’t bought your tickets yet. I’m going to be there. John’s going to be there. We’re going to be doing a live Scriptnotes. We’re going to be doing a live Three Page Challenge. I’m going to be doing a panel on thematic structure.

My wife is going to be there. What else do you need?

**John:** I’m curious whether Melissa’s presence will make you wilder or less wild during the weekend?

**Craig:** I’m going to go with less wild. [laughs] I think that’s probably for the best. Don’t you?

**John:** I think it may be for the best.

**Craig:** I mean, every time I go there, I end up exhausted and hoarse and it will be good. Because really what I want to do is just go to my room and sleep.

**John:** Sleeping is nice.

**Craig:** Sleepy.

**John:** Later this evening I will be playing Dungeons & Dragons with Craig Mazin and I will be bringing with me my small little figurine which I painted. And so my One Cool Thing is actually miniature figurines. Because I remember growing up playing D&D and I would have lead figures. They called them lead figures. I don’t think they really were lead, but they were heavy metal figures.

**Craig:** Yeah, like pewter or something.

**John:** Pewter. And I would attempt to paint them and do a terrible job and they would always look mangled. And so for this round of D&D I decided, you know what, I’m going to get a better little miniature figure. And so for Gilly, my little gnome monk who I’m playing with, little Gilly, I was able to find like a great little figurine and it’s because of the Internet and it’s because of better technology.

So, this company I’m using is called Reaper and they make these great little plastic figures that are obviously lighter than the lead, but have tremendous detail. And also because of the Internet, there’s a tremendous number of tutorials about how to paint. And so I learned that I had been doing everything wrong in terms of painting a figurine.

And so I spent. God, probably two hours painting this tiny figurine, but I’m really proud of it. And so if you are at all curious about painting stuff, or you’re looking for some new hobby in which to spend some time and learn something new, I really enjoyed painting this figurine. So I will put some links in the show notes for both Reaper, but also some tutorials that I found really useful for painting a figurine, because it was actually a good therapeutic process.

I listened to some podcasts as I was doing my dry brushing and my flooding with paint. It was cool.

**Craig:** Did you say slutting?

**John:** No. I was doing some dry brushing and some flooding. It’s where you actually get the details out by making your paint far, far, far too wet. And then it sort of floods into all the crevices. And that gives the detail.

**Craig:** You know, Sexy Craig likes that.

**John:** I could tell Sexy Craig would probably like that, yeah.

**Craig:** Just get all wet and flood into the crevices.

**John:** That’s good stuff. Our show as always is produced by Stuart Friedel. Stuart is downstairs right at this very moment folding t-shirts, because the t-shirts just came back from the printer, so they should be going out probably the end of this week, so hooray.

**Craig:** Nice.

**John:** Thank you, again, to everyone who ordered a t-shirt. Our show is edited by Matthew Chilelli. Thank you, Matthew. Our outro this week is actually another piece of found art. So Luke Yoquinto found the Scriptnotes thing embedded, or actually in the very intro, to the Steve Winwood song, “While You See a Chance.”

So, as you start to listen to this you’ll hear like, oh, wait, there’s the Scriptnotes theme. So, it’s just a thing that’s out there.

I should also as a final bit of celebration I want to congratulate the world for getting the rights to Happy Birthday back.

**Craig:** Yes.

**John:** It’s a song that was under copyright and there was a huge copyright fight and it finally appears that we can now sing Happy Birthday without paying anybody any money.

**Craig:** We don’t have to sing For He’s a Jolly Good Fellow in movies anymore.

**John:** And what will all those restaurant chains that had to sing their own little custom themes do?

**Craig:** Happy, happy, happy, birthday, birthday, birthday, birthday. Yeah.

**John:** Yep.

**Craig:** Geez. You know who else likes painting figurines?

**John:** Tell me.

**Craig:** Patric Verrone.

**John:** Yeah, he does like painting figurines. I think he’d be really good at that.

**Craig:** He paints Supreme Court justices. It’s not like painting figurines wasn’t already dorky. He figured out how to make it extra dorky. And for that, I got to salute him.

**John:** I have nothing but praise for that.

**Craig:** That is actually — I give that one the high five.

**John:** All right. Craig, I will see you tonight. Everyone else, we will see you next week.

**Craig:** See you later.

**John:** Thanks for joining us.

**Craig:** Bye.

**John:** Bye.

Links:

* [WGAw 2015 election results](http://www.wga.org/content/default.aspx?id=5938)
* John and Craig [on The Black List Table Reads podcast with Franklin Leonard](http://blacklist.wolfpop.com/audio/39626/john-august-and-craig-mazin)
* Melissa Mazin will be at the [Austin Film Festival 2015 Screenwriting Conference](https://austinfilmfestival.com/festivalandconference/conference/)
* [Reaper Miniatures](https://www.reapermini.com/), and [Miniature Painting 101](https://www.youtube.com/playlist?list=PLB0292071C3B38CAC) on YouTube
* [All the ‘Happy Birthday’ song copyright claims are invalid, federal judge rules](http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-song-lawsuit-decision-20150922-story.html) from the LA Times
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) sent in by Luke Yoquinto ([send us yours!](http://johnaugust.com/2014/outros-needed))

Campaign statements and residual statements

Episode - 217

Go to Archive

September 29, 2015 Film Industry, Follow Up, International, Los Angeles, News, QandA, Scriptnotes, Transcribed, WGA

John and Craig discuss the WGA election results, and take a look at the issues that dominated the campaigns. What is a paper team? Do screenwriters really retire? And why does it take us so long to get paid?

We also dive into the mailbag and take questions on visiting Los Angeles, backend and residuals, and what an unrepped writer should do if there is interest in her project.

T-shirts are being folded and packaged this week, and should be in the mail by the time next episode airs. Keep a lookout in your mailbox, and be sure to pack them for Austin.

Links:

* [WGAw 2015 election results](http://www.wga.org/content/default.aspx?id=5938)
* John and Craig [on The Black List Table Reads podcast with Franklin Leonard](http://blacklist.wolfpop.com/audio/39626/john-august-and-craig-mazin)
* Melissa Mazin will be at the [Austin Film Festival 2015 Screenwriting Conference](https://austinfilmfestival.com/festivalandconference/conference/)
* [Reaper Miniatures](https://www.reapermini.com/), and [Miniature Painting 101](https://www.youtube.com/playlist?list=PLB0292071C3B38CAC) on YouTube
* [All the ‘Happy Birthday’ song copyright claims are invalid, federal judge rules](http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-song-lawsuit-decision-20150922-story.html) from the LA Times
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) sent in by Luke Yoquinto ([send us yours!](http://johnaugust.com/2014/outros-needed))

You can download the episode here: [AAC](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_217.m4a) | [mp3](http://traffic.libsyn.com/scriptnotes/scriptnotes_ep_217.mp3).

**UPDATE 10-2-15:** The transcript of this episode can be found [here](http://johnaugust.com/2015/scriptnotes-ep-217-campaign-statements-and-residual-statements-transcript).

Scriptnotes, Ep 213: NDAs and other acronyms — Transcript

September 3, 2015 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2015/ndas-and-other-acronyms).

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

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

**John:** And this is episode 213 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

So, Craig, this last week I got to give a presentation, like a proper presentation with like Keynote slides and all that stuff. Have you done one of those recently?

**Craig:** With Keynote slides? No, because I’m not a sales rep for the southwestern medical appliance industry.

**John:** Yeah. I very rarely get to do those. And so whenever I have to crack open Keynote, it’s basically, you know, half an hour of reminding myself how Keynote works. And then I have a lot of fun with it. But it’s a ways to sort of get started in the whole designing of a proper presentation.

But I had a really fun time. And one of the slides I put up was about Clueless which is, of course, my favorite or my second favorite movie of all times. And in the Q&A afterwards, someone asked a question about Clueless. And it brought up an interesting point which I hadn’t thought of, is what if Cher in Clueless didn’t have voiceover? And how would you perceive that character if you didn’t have the ability to go inside of her head?

**Craig:** It is an interesting question. Some movies are just begging for it, you know. You need it. And we’ve talked about how musicals require you to sing what’s happening in somebody’s head. And it’s weird. It seems like the teen genre often feels like I need to know what’s going on in their heads because so much of what they’re saying and doing, the joke is, “This is not how I actually feel,” which is a very teenage kind of thing.

**John:** Yeah.

**Craig:** So I think Mean Girls has a lot of VO, doesn’t it?

**John:** It does. It’s one of those things where I feel like in Clueless, she would seem like a sociopath if you didn’t actually have that inside, if you just like had all the shots of her walking around thinking, like, “Wait, what is she thinking? I don’t understand what’s going on inside of her head.” And that ability to have voiceover is like the ability to have a song. You get to know what is driving her at those moments.

And in a weird way, it allows her to keep many more simultaneous wants because you would not be able to keep track of what it was she was trying to do at the moment if you didn’t have that voiceover to sort of talk you through what was happening.

**Craig:** It’s an incredibly useful tool. It’s so flexible. I was actually talking the other day with a director. He’s currently in post-production on a movie he did. And I won’t say who it is or what the movie is because I don’t want any spoilers.

But the movie has a lot of VO kind of in the Goodfellas style. And he said, “I’m so tempted to never make a movie without VO again because in terms of editorial, it’s the most freeing thing ever.”

**John:** Yeah.

**Craig:** You need to cut a scene because it’s not quite working but there’s that one piece of information there, we got VO [laughs]. It’s throughout the whole movie, not a problem.

**John:** Well, let’s try to distinguish that kind of Goodfellas VO from the Clueless VO. So the Goodfellas VO, I want to say it’s like the ellipses kind of, like basically it allows you to skip over a bunch of things because it is telling the overall narrative. Is that correct? Is that what you were trying to describe in a Goodfellas VO?

**Craig:** Yeah. I mean, Goodfellas VO is more of a — one of the characters actually narrating the story as if they’ve already seen the movie —

**John:** That’s right.

**Craig:** Or they’re telling the story of their lives. In the case of Mean Girls or Clueless, a lot of times, the VO is an interrupter. It’s like a commentary. Like somebody who’s doing color commentary on their own life.

**John:** Yeah.

**Craig:** But the color commentary version allows you to also do the skip ahead stuff if you need to.

**John:** Yeah. I would say that the Clueless and Mean Girls VO is very much a present tense VO. It’s describing what’s going on inside as they’re experiencing the scene in front of them. And so they’re having revelations at the moment and you’re seeing the revelation on their face while you’re hearing the voiceover, versus the Goodfellas which is like it’s telling the story as if this has already happened and this is the through-flow of a narrative.

**Craig:** Yeah. That’s a great way of thinking about it. It’s like in sports, there’s the person who’s commenting on the game as it’s happening. And then there’s the person who does the post-game wrap-up. And, yeah, Goodfellas is more of a post-game wrap-up and Clueless is more of the color commentary as the game is being played.

**John:** And our experience has been, and I’m sure that I speak for both of us, you have to plan for that in advance. And if you try to put that color commentary or that narrative commentary voiceover on after the fact, it will probably not work.

**Craig:** It won’t work because first of all, you need space. I mean, you need to be able to shoot in such a way. Like if you know that there’s going to be VO sort of sneaking in, you need to know that as you’re shooting.

**John:** Yeah. I have not shot any movies where it’s been so crucial. Like Big Fish has a lot of voiceover but in a weird way, there was always time to sort of get that voiceover in. But classically, you will have somebody read that stuff on the set just to make sure you’re allowing enough space. So be it the assistant director or somebody else will read what that voiceover is just to make sure that everyone understands what it is that’s going to fit in that space.

**Craig:** Yeah.

**John:** In the case of Big Fish, rarely is the character responding to the kinds of things that are being said in the voiceover. But you still want to make sure you have enough handles on those shots to be able to get that voiceover in there.

**Craig:** Yeah, especially if the voiceover is part of a joke.

**John:** Yes.

**Craig:** Then somebody really does need to read it because the person on screen needs to react or at least acknowledge with their eyes that this is what they’re thinking. So you do need to prepare. The post facto VO is usually a desperate rescue mission.

**John:** Yes. And that’s why it gets such a bad rap.

**Craig:** Yup.

**John:** Yup. Today on the show, we are going to be talking about non-disclosure agreements which came up because this thing I had to give a presentation on, I had to sign an NDA, so I can’t talk about what I talked about. But we can talk about non-disclosure agreements.

We’re going to answer a bunch of listener questions, including questions about international writers, acronyms in dialogue, and what someone means when they say, “This would make a good writing sample.” Is that a good thing or a bad thing? So those are our new topics but we have so much follow-up.

First off and maybe most importantly, we finally have T-shirts.

**Craig:** Yay.

**John:** Yay. So there are four Scriptnotes T-shirts and they are available right now in store.johnaugust.com. They’re all preorders. And so when we say preorder, that means you will purchase a T-shirt and we will print the T-shirt and we will send it to you. But if you purchase the T-shirt today, it will still be three weeks before it gets to you.

So the four T-shirts that are available, first is a classic Scriptnotes T-shirt that has —

**Craig:** Classic.

**John:** The typewriter logo. And we had to find a new color we had never done before, so we picked vintage purple. Is that a fair description?

**Craig:** Okay. Is it? [laughs] I would call it purple.

**John:** Purple. Yeah, everything has to have some modifier to the actual color —

**Craig:** Oh.

**John:** It’s the J.Crew rule where everything has to be a heather something.

**Craig:** I see. So this could be like a courgette purple.

**John:** Yeah, a courgette. I mean, an eggplant really is the other sort of good choice for it. But this is the classic typewriter. And so if you have the other collection of Scriptnotes T-shirts, there was a black one with a typewriter, there’s the tour shirt which has sort of a modified typewriter. There was the original orange and there was the blue T-shirt.

**Craig:** Right.

**John:** So this is the new hotness. Our second T-shirt is developed by one of our own listeners. Taino Soba came up with this design. It’s called Three-Act Structure and it is a blueprint of a script.

**Craig:** Yeah. I like it. It was very minimalist. It was clean. I like that it implied that you could assemble a screenplay like a piece of IKEA furniture.

**John:** Yes.

**Craig:** I have to say, having assembled quite a bit of IKEA furniture in my life, writing screenplays may be slightly easier.

**John:** Yes. It might be a little bit more straightforward. You have choices with a screenplay that you really don’t have with IKEA furniture. There are sites, and we’ll try to put a link to it, of like IKEA furniture assembled in ways that are not the way they’re supposed to be assembled. And sometimes they’re brilliant.

It’s sort of like the way you can take a cake mix and modify it in ways and it creates something fantastic. There’s ways you can do that with IKEA furniture.

**Craig:** You’ve built a lot of IKEA furniture, right?

**John:** Oh, so much in my life.

**Craig:** A question for you. Have you ever, in your life, successfully built a piece of IKEA furniture without making one mistake that required you to unscrew something?

**John:** Never once in my life.

**Craig:** No, no one has.

**John:** I’ve always had to backtrack a little bit.

**Craig:** Everyone has because their instructions are horrendous.

**John:** Yes. Well, their instructions are designed so that they don’t have to put a lot of words and therefore translate them a lot. But sometimes the pictures cannot actually accurately explain what’s going on.

The one piece of advice that I have for anybody who has to assemble IKEA furniture — actually, when we finish this podcast, we are going to be assembling a new IKEA table that we got as a work table for downstairs.

**Craig:** Okay.

**John:** Buy yourself, you know, a cordless drill or a cordless drill driver and get yourself the Allen wrench bit because that will make assembling IKEA furniture about 17 times as fast. If you don’t have to turn that little Allen wrench manually, your life will be so much better.

**Craig:** Let me go one step further.

**John:** All right.

**Craig:** Not only should you have the power drill and a wide variety of bits, by the way, get yourself as many Phillips head, flatheads, hexes, all of them, right?

**John:** Yeah.

**Craig:** Torx. But also, they make an extender. So it’s like a long bit with another receiver at the end so that in those tight to reach spots, you’re not defeated.

**John:** Yeah.

**Craig:** So you get that thing and now you’re golden.

**John:** So is that extender, is it a hard thing or is it flexible?

**Craig:** No, no, it’s hard. It’s a hard piece of metal. So it’s got a male on one end and a female on the other. The male goes into your drill end. And it’s magnetized at the receiver end.

**John:** Oh, nice.

**Craig:** So the bit just slips in and it goes click. And now you can reach everything.

**John:** But I foresee there would be a benefit to the flexible version of that. So it’s kind of like a sigmoidoscopy. It can sort of sneak into those places which would be otherwise hard to reach, that otherwise you would have to use that stupid little Allen wrench tool to get in there.

**Craig:** John, I want you to think through what you’ve said there.

**John:** Yeah.

**Craig:** And I want you to imagine [laughs] the flexible thing turning in the drill. And now tell me what’s wrong with this.

**John:** You’re saying that the whole thing would whip around and —

**Craig:** Yeah.

**John:** That they’re not —

**Craig:** Yeah.

**John:** But I bet someone solved this problem. There’s a way in which the —

**Craig:** What you’ve created is essentially an edge trimmer. There’s a piece of fishing line that’s —

**John:** [laughs]

**Craig:** That’s what you’ve done. Now, there are universal joint ends that can actually spin and turn in a hard right degree. You can get at a certain angle with the universal joint. But I’ve never seen one made and it would be structurally shaky at best because it wouldn’t really — universal joints are best when both ends are hard fixed to something.

I would love to see you build this —

**John:** I believe we —

**Craig:** [laughs] And attempt this because it will be hysterical.

**John:** We live in an age of carbon fiber and nanotechnology. There’s a way that they’re going to be able to do this.

**Craig:** No.

**John:** Basically, so the things inside is spinning even though the outside is solid.

**Craig:** But once you… [sighs].

**John:** No, I agree with you that the anchor on the outside is going to have to not spin. But I think there’s a way to do that.

**Craig:** But even inside. I mean, if it’s spinning rotationally in one plane —

**John:** I fully comprehend the challenge.

**Craig:** You see what’s happening? [laughs]

**John:** I do fully. So whenever the cable is inside —

**Craig:** This is awesome. [laughs]

**John:** Yes.

**Craig:** I want you to build it. I actually want you to do it and then I want you to turn it on and get hurt and your furniture is everywhere. [laughs] But I —

**John:** I don’t know if this is a Kickstarter or a suicide pact but —

**Craig:** It feels good, man.

**John:** It feels really, really good.

**Craig:** Feels good.

**John:** So that is our structure T-shirt. [laughs]

**Craig:** [laughs]

**John:** And our third T-shirt actually comes in two different colors. This is the Camp Scriptnotes shirt from way back when we were at camp in 1981. And this just really a chance to relive, god, those memories from so long ago and sort of where this all started.

And so I want to thank Dustin Bocks who designed this recreation of the original Camp Scriptnotes logo. God, I just look at it and the feeling of nostalgia I have. And I mean, so many of our listeners were there at the very beginning.

**Craig:** In so many ways, this podcast is a sad attempt to recapture the glory of a past summer.

**John:** Yeah. That summer of bug juice and mosquito bites and, you know, those crazy moments where Nora Ephron could talk us off the high rope scores. We’ll never quite be able to get back to those highlights. But, I don’t know, something about wearing the T-shirt from that camp will, I don’t know, at least recreate the experience. And people who weren’t around for that time, it’s a chance to sort of experience a little bit of what that was like.

**Craig:** Did you ever work at a summer camp, John?

**John:** I did work at a summer camp. So I was at the Ben Delatour Scout Ranch in Colorado. So that’s where I went to scout camp every summer. And so I was never a counselor there, but I ended up doing a lot of special weeks up there for troop leadership training. I did Order of the Arrow stuff. And so I was essentially an employee because I was back behind the scenes a lot of the times.

**Craig:** I worked at Ivy League Day Camp.

**John:** All right.

**Craig:** This was a terrible misnomer. There’s nothing Ivy League about this day camp. I basically worked as a short order cook in the whatever you call it, the snack shop, you know, that thing.

**John:** Oh.

**Craig:** And I learned a lot. I learned a lot that summer, just about life and stuff.

**John:** You were living there and working there?

**Craig:** No, I wasn’t living there.

**John:** Okay.

**Craig:** It was near my house. I was 16 years old, I went there. Here are the following things I learned that summer. I learned how to cook hamburgers on a grill. I learned how to make certain sandwiches. I learned how to have sex. I learned about drugs. [laughs]

**John:** Yeah.

**Craig:** I learned about Vietnam from —

**John:** Yeah, of course.

**Craig:** From the, this guy had the best name ever, the caretaker. And always, whenever you hear caretaker, you immediately think it’s Jack Nicholson, it’s The Shining. All caretakers are troubled people, I believe, which is why their name is so ironic.

This guy was a Vietnam vet and his name was Bill Cruel. Bill Cruel. But he wasn’t cruel.

**John:** No.

**Craig:** He was cool. He had a tattoo that said “Bill”.

**John:** Did he smoke?

**Craig:** Yeah, man. [laughs]

**John:** Yeah.

**Craig:** And he would teach me all sorts of stuff about Vietnam and that was a hell of a summer.

**John:** That’s great. So you were a townie essentially?

**Craig:** Oh, yeah.

**John:** All right.

**Craig:** Oh, yeah.

**John:** Townies have the most fun.

**Craig:** No, no. I mean, listen, man, townies do have the most fun. Well first of all, everybody was a townie there. I know I said Ivy League Day Camp, so you think this must be a destination. No. It was not a destination. It was terrible. But, you know, everybody probably has that summer in their life when the world kind of explodes on them. And that was mine. It was awesome.

**John:** Amazing. Well, this is our last podcast for the summer. Labor Day is fast approaching.

**Craig:** Wow. Okay.

**John:** So it feels appropriate that we’re celebrating the end of summer as we talk through summer camp T-shirts and all these opportunities for new gear to wear as we head into the fall.

So all the T-shirts we have up for sale, they are preorders that have to be in by September 17th. That’s a Thursday. So we will remind you on the next two podcasts. But you should probably not wait because inevitably what will happen is on Friday the 18th, we’ll get a bunch of emails saying, “Hey, hey, hey, I really wanted a T-shirt and I forgot the deadline.” And we’re going to say sorry because once we put the order in, the order is in. So September 17th is the deadline. And I want to thank Taino Soba again for his work on the Three-Act Structure shirt.

**Craig:** Yes. Thank you.

**John:** It’s also the end of summer, so therefore, it’s the end of our Featured Fridays in Weekend Read. So Weekend Read is the app I make for iOS for reading screenplays on your phone. Every Friday this summer we’ve been putting up scripts for people to read. We had a bunch of Aline scripts up there. We’ve had different themes. We’ve had pilots. We’ve had Black List scripts. This past weekend we had Dodgeball up there and a bunch of other sports-themed movies.

**Craig:** Oh, Dodgeball.

**John:** So this next week will be our last week. If you have a suggestion for what this final theme should be, there’s still some time for us to scrounge up some scripts and put them in there. So we’re wrapping up Featured Fridays because it’s about time for awards seasons stuff and we have to get ready for the awards season scripts to be in there.

But thank you to everybody who wrote in with their suggestions for Featured Friday stuff and said they like the app. And if you would like to see something in this app for the last week of Featured Friday, please let us know.

I should also say, if you are a person who has a script that is going to be one of those awards season contenders, it might be good to email us or just tweet at me so we can get your script in there and get it in there formatted properly.

Or if you are person who works for these studios who puts out those for your consideration scripts, most of the time we can just link to the one that’s on the website and everything is swell and fantastic. But every once in a while, you guys will put up something that is just like crazy and impossible to format and like one email between us would make things so much happier and easier. If you’re a person like an Andrea Berloff who has a script that’s going to be in consideration for those Awards, email us and let us know.

**Craig:** I don’t think that the Huntsman is going to be out in time for awards season. I’m just — I don’t get it.

**John:** I don’t know.

**Craig:** I mean it just feels like a slam dunk, again, by the way, another slam dunk script.

**John:** Yeah, you’re really just being hurt by timing. I mean I think that is really the reason why you don’t see more Craig Mazin —

**Craig:** I know.

**John:** Awards is timing.

**Craig:** For whatever reason, my films, my oeuvre, doesn’t come out in the November-December months.

**John:** Well, if we decide to do a Featured Friday again in the future, Craig, can we have the Huntsman as one of those scripts?

**Craig:** Yeah.

**John:** Yeah.

**Craig:** Yeah.

**John:** That would be nice.

**Craig:** Sure.

**John:** More follow up. Nick writes, “In a recent episode about last looks, John mentioned going through his script to replace two spaces with one space. I was always led to believe that two spaces is standard. Is one space the standard in screenwriting or is it more of an accepted shortcut to trim some length?”

**Craig:** One space, one space, one space.

**John:** It’s now one space. And honestly, it should be one space in everything. So I used to use two spaces. And typewriters used to love two spaces. Everything is now one space. And actually, if you look on the Internet, everything you see on the Internet now is one space because html actually compresses two spaces down to one space. Just go with one space. It will look weird for a day or two and then you’ll get over it and just be one space.

**Craig:** Just be one space, man. We’re all in one space, bro.

**John:** It really is. It’s a shared experience. And once you accept that we’re in a shared experience, life is happier.

**Craig:** There’s no you and me, man. There’s just one space.

**John:** Yeah. In that one space, there are many different countries. And a lot of our questions and comments this week are from China. First off is Cindy in Beijing who writes, “I’m a loyal listener to your podcast Scriptnotes. And I’m also a screenwriter/creative associate working for a film production company in Beijing, China. I listened to your latest podcast, The International Episode, and I would like to share some thoughts with you. Most of the Chinese market discussion you and Craig had was accurate.”

**Craig:** That’s all I needed to know. That’s it. We’re good. We’re good.

**John:** We’re good. Done. End of question.

**Craig:** Thanks. Thanks, Cindy.

**John:** “Just a few facts I’d like to clear/discuss with you. Yes, Monster Hunt made history as the highest grossing Chinese film. One reason is that its production value is much better than most other local films. However, another major factor is, ‘Domestic film protection month in China.’ It’s usually around June to July when the summer vacation starts. During this production month, only Chinese movies will be shown in the theaters making audiences choices during these couple of months very limited. It helps lots of Chinese films to perform well in the box office. Imagine Monster Hunt hits theaters with Mission Impossible 5, Terminator 5 at the same time. It will never do this well. However, it also shows how big and how much potential the Chinese market has.”

**Craig:** Well, we did touch on this, actually, I think, although, I didn’t realize that there was a specific domestic film protection month which turns out to be the biggest movie going month of the year, big shock.

This is part of the issue that we’re dealing with. On the one hand, China, we call China this enormous market. On the other hand, it’s not a market yet. It’s a sort of market. It’s a market when the Chinese government decides it’s a market.

**John:** Yeah.

**Craig:** Because I don’t know about you, but when I go to the market, it’s open all year long. It doesn’t close so that certain protected goods and services can be offered to certain protected audiences. This is a thing. And China has actually been quite successful and smart about this for themselves. Obviously, this doesn’t have a lot of advantage for us. So it will be interesting to see how long this goes like this.

Now, what confuses things is as Chinese finance continues to proliferate in our market, the question then becomes, well, what is a Chinese movie? In the end, I always feel like money wins out. And if very moneyed Chinese interests say, “Hey, I invested a ton — ” I mean, for instance, take Mission Impossible 5.

**John:** I was going to say.

**Craig:** It is heavily backed by Chinese money and yet the Chinese government won’t allow it to be shown during primetime. At some point, that will get figured out.

**John:** Yeah, I agree.

**Craig:** Should I read this next bit of follow up?

**John:** Great. This is from my friend, Mike Sue. So why don’t you —

**Craig:** Oh, it’s from your friend, Mike Sue. All right. Well, here’s what Mike says. He says, “I just listened to the International Episode and it reminded me of how they turned South Park into a hit show back in my homeland, Taiwan.

“The Simpsons had launched there first, but largely landed flat. For South Park, the translators actually watched the episodes on mute five or six times first and crafted their own storylines to match the show. So instead of Kyle being a Jew,” okay, “he was a… — ” this is amazing, “he was a Taiwan aborigine. They throw in Taiwan pop culture references and jokes about Taiwanese politics all while preserving the irreverent and over the top voice of South Park and it caught on like wildfire. For you guys as creators, I’d be curious whether this level of complete rewrites still follows in Craig’s ignorance is bliss camp or whether it gives you guys the willies and in this case, trading off the creative license for commercial success?” Well, what do you think about that?

**John:** In general, I would say, you know, if I’m not aware of it, I sort of don’t care about it. Where this would become very frustrating is like let’s say, these people in translating this show I’ve made makes some wild, crazy, controversial change that has things in an uproar and suddenly I’m the person dealing with the firestorm over this thing that I didn’t write and I didn’t sign off on is a huge change they’ve made to something.

So if they’re saying, you know, something incredibly inflammatory or racist and it’s perceived that I wrote this thing, that’s the only thing that gives me pause about this.

**Craig:** That racism wasn’t the racism I wrote, I wrote different racism.

**John:** Absolutely.

**Craig:** I think it’s both, honestly, Mike. I think that it is ignorance is bliss and it gives me the willies. But, you know, this is one of those things where as Americans, we can only be so focused on the way the work is presented around the world because we have to ultimately serve the English-speaking audience, that’s who we are. We are ourselves English-speaking audience.

Other people will always be there to help us, make sure that things aren’t completely lost in translation. But in those cases where they are, yeah, I think this one’s probably ignorance is bliss and willies.

**John:** And one of the aspects of ignorance is that something I may have written in my movie or on my TV show, which plays completely one way in the American market and like in a not offensive way in the American market or like not so offensive that it’s actually sort of, you know, a cause for riot, could be completely offensive to another culture in a way that I don’t intend at all. So having somebody look at it and intervene in some cases may be the good thing because something that I did not intend at all could come about — which could mean a very literal translation of what I wrote.

**Craig:** Makes sense to me.

**John:** All right. Our first new topic is NDAs because this thing I did this week, I had to sign an NDA. And I don’t end up signing a lot of NDAs. I mean you and I both had to sign an NDA for this thing we went to see a couple of weeks ago, but I would say, I sign maybe four or five a year.

But I’ve been signing probably more of them each year related to film stuff than I ever have before. So while we can’t talk about specific things we signed NDAs for, I wanted to talk about NDAs in general and whether you’ve been encountering them, Craig.

**Craig:** I have, rarely. I’m always surprised when they’re not there. I mean I know that for some of the stuff I did with Todd Philips, we had NDAs. I didn’t sign any NDAs, but I was writing the damn thing. I mean other people had to sign NDAs. I’m surprised, honestly, that they aren’t more widespread.

It may be that they’re just not as enforceable as people hoped them to be. Perhaps, we just don’t have that culture. I mean I don’t know exactly how that actually works in the real world. You know, I mean it’s one thing — I mean we all sign things when we download software and none of us read it. It is the, I guess — what do they call it, a contract of adhesion?

**John:** Yeah.

**Craig:** I would — I mean if I were running a company, I’d make everybody sign an NDA every four minutes.

**John:** Yeah. So these terms get conflated and again, this is not a legal show, so we can’t suss out exactly what the boundaries and definitions are, but there’s non-disclosure agreements and there’s non-compete agreements. And non-compete agreements you hear a lot about because it basically says like you can’t work for any of our competitors after a certain period of time. Those things I’ve seen challenged a lot in state law and sometimes in federal law about being, you know, restraint of trade, restraint of ability to like move from one job to another job. And I’m not seeing those things yet.

But what I am seeing our NDAs, particularly if I go in on an animation project, I’m quite frequently having to sign some documents saying like, “You’re going to see some stuff, we’re going to talk about some stuff and you can’t talk about what we’re talking about.” I was thinking about why animation has that more often than live action.

And I think it’s because animation works a little bit more like software development. You have these small teams of people who are working in private on a very long time scale to do one specific project. And they need kind of the freedom to mess up and make mistakes and completely, you know, change course in what they’re doing. And without that, if information about what they were working on got out, it could be completely the wrong information very early on. It could make it seem like the movie is about this thing when actually they just end of scrapping that main character and sub out a whole different thing.

Whereas, a live action movie, by the time you are shooting your movie, that’s kind of the movie you’re making.

**Craig:** That’s possible. I wonder also if this is something that was driven by Pixar. I mean Silicon Valley is NDA obsessed. Pixar is in Silicon Valley basically. It started as a software company. Maybe, it just became a cultural thing once the biggest started doing it, everybody started doing it.

**John:** What I have heard, anecdotally, and this is again, I put up a question on Twitter and people wrote back saying, “I work in visual effects and we’re signing NDAs all the time.” And so again, you know, visual effects kind of comes from that software background and maybe that culture is just more naturally going to happen there. These visual effects companies may be doing previews on a movie and so like they’re sort of making the prototype of the movie and so therefore, that’s a very — it’s coming at a very delicate stage.

Or they’re working on the final version of a movie and they want to make sure that not only does no frames of that movie leak out, but also no information about what actually happens, no spoilers leak out about what actually happens in the movie.

**Craig:** Yeah.

**John:** So if you’re making Star Wars, well, of course, I bet everybody on there has a thousand NDAs —
**Craig:** Yeah.

**John:** They’re like little laser dots sort of tracking through. And if you see one on your forehead, you know it’s over.

**Craig:** Yeah, I mean actually the apparatus to secure ties development is not in and of itself inexpensive. So on huge movies like Star Wars where there’s an enormous desire for information and also an enormous budget, they’re going to be extraordinarily secure. On a small movie where no one’s paying attention, maybe it’s not as important to spend all the money. Even if the script for it should somehow leak online, it’s not a problem because there’s not a voracious demand that’s going to ruin the mass market experience.

**John:** The other thing I have encountered is that certain people who are very high profile where there’s actually monetization and value in people finding out secrets about them, if you are entering their house, if you are working for them, if you are their gardener, you’ll probably be signing an NDA or some other sort of confidentially agreement.

**Craig:** Yeah.

**John:** And I’ve encountered this with like people who just like they’re remodeling their house and anyone who walks in the house has to sign this agreement. And whether that’s enforceable or not, I don’t know, but I think it’s meant to be just a, by the way, don’t be a jerk, this is what’s going on here.

**Craig:** You didn’t see any cocaine.

**John:** Not a bit. I’ve never seen any cocaine.

**Craig:** No.

**John:** In certain celebrity’s house.

**Craig:** Yeah, she was 18, right?

**John:** Right. Yes. Let’s get to our questions. Justin in Beijing writes, “How does the WGA deal with their writers working overseas? Let’s say a Chinese company wants to hire Craig to write a script.” Craig, congratulations.

**Craig:** Hey.

**John:** “Does the WGA get grumpy because that company is not a signatory? Is Craig on his own for salary, credit residuals and everything else?” There’s a second part, but let’s answer this first part first. So Craig, congratulations on your job, the Chinese company wants to hire you.

**Craig:** Yay, yay. The deal is that the WGA is a labor union. All the power and authority that the labor union has is backed up by federal labor law here in the United States. What that means is that the WGA has absolutely no jurisdiction or authority anywhere else other than in the United States.

So what the WGA can do to me is say, “If you are working on a work area we cover like writing a feature film and you are in the United States working on it, then you have to do it through us, through a WGA contract.” What they can’t do is say, “Oh, are you working in China?” No, they literally can do nothing. Are they grumpy about that? A little bit. They only get grumpy if they feel like people are gaming the system.

Like for instance right now I’m writing a movie for Working Title. Working Title is a British company. Well, if Working Title said, “Oh, and by the way, would you mind just hopping on a plane and writing this in an apartment in London and then going home because this way we can get around the WGA?” That makes them grumpy. And people have tried that, but by and by, no.

So legitimate companies like Working Title would never do that. But if you are working overseas in China, no, you’re not signatory and I am in fact on my own for salary, credit, residuals [laughs], if I get them, and everything else.

**John:** So I’ve heard discussion with actors and with I think they call it like SAG Global Rule One or something where screen actors were feeling like they’re being pressured to sign international contracts so that they wouldn’t enforceable by SAG. But I didn’t really dig into it enough to understand what the beef is. Is that something that we need to be thinking about as writers as well?

**Craig:** Not really. There’s a ton of production going on all over the world. Most writing takes place domestically. So, you know, if Todd and I write a movie and we’re going to go make it in Thailand, we’re still writing it in Los Angeles. And even then, because we’re usually one budget item and people want a certain actor in a certain way — I’m sorry, a certain writer in a certain way and it’s one writer that they’re getting, even if we were writing overseas, very often the company will say, “Oh, you know, look, yes, they are going to be writing in London.”

Let’s say Star Wars, for instance. You know, oh, you’re going to be in London doing a lot of writing but it’s fine. You’re being hired by the American company, it’s a WGA deal. With casts, really what the — was it Global Rule One?

**John:** Yeah.

**Craig:** It’s about everybody else. It’s not about the big movie stars. It’s about the, you know, 10 other people that are being hired and told, “Okay, and you got to get down to Mexico and shoot there and also, we’re not doing it SAG,” because casts can be enormous.

SAG has a ton of problems that are unique to their situation. For us, by and large, this isn’t a big deal. Frankly, we have a bigger problem with the fact that we don’t have feature animation covered in this country. Much bigger problem than this particular issue. But Justin asked the reverse question.

**John:** So what happens if Sony wants to hire a Chinese writer to adapt a project? Do they hire them directly or through a local company? And if they do, would the WGA become involved for things like credit?

**Craig:** That depends. If Sony wants to hire a Chinese writer and they’re okay with the Chinese writer working in China, they can go ahead and hire that writer through one of their non-union subsidiaries. It’s not like Disney or Universal is a WGA signatory. They have these kind of sub-companies that are WGA signatories, precisely so that they can hire writers who are and are not WGA dependent.

Now, practically speaking, if the movie is going to be a Chinese production, this is no big deal. They hire a Chinese writer. She’s in China. She works on the movie there. They shoot the movie there. If they need to rewrite her, they bring in another writer and he rewrites her and he is Chinese, and it’s all there and it’s all non-WGA.

**John:** And so they figure out credit however they want to figure out credit.

**Craig:** However they want to figure it out. But let’s say they just happen to love this Chinese writer because she’s written some amazing stuff and they want her to work on some big movie starring Angelina Jolie. So she’s in China and she’s going to do this first draft. And Sony thinks they’re smart and goes, “Oh, we’ll do it non-union.”

Well, the problem is that eventually Angelina comes along and says, “You know, I really want John August to do that Angelina polish he’s so famous for.” Well, they can’t hire you through the non-union company. So now the project is WGA again. So I suspect that the way the companies work these things is if they think they’re going to want to hire WGA writers for it, they just start it as a WGA gig.

**John:** Yeah. So in this situation described where I come in to rewrite the Angelina Jolie movie, and by the way, I’m happy to, that original writer’s script, you know, for credit purposes, it could get complicated because it could be — is that it would be like based on a screenplay by the Chinese writer or is it just she gets pulled into the WGA and she just becomes the first writer on the project? What would happen?

**Craig:** In the case where somebody starts non-union and then they turn to you and turn it into a union gig, her script becomes source material. She does in fact get a based on a screenplay by credit. That doesn’t come with residuals or separated rights and she won’t be considered a participating writer for the purposes of the WGA credit arbitration.

So it’s a raw deal. And it causes problems along the way. I mean, again, I do think that the companies spend less time trying to game this system than we think. I think they look ahead and they say, “Well, if we are going to end up doing this the normal way, let’s just start it the normal way.”

**John:** Yeah, save some headaches.

**Craig:** Yep.

**John:** All right, next question. Chad writes, “I have a question about money. How do you get paid for a story credit? How much for an uncredited rewrite?” I like to mix in a question that is just sort of like, you know, completely basic. And so this is one of those completely basic questions that Chad wrote in.

**Craig:** It’s so basic.

**John:** Yeah.

**Craig:** Well, Chad, first, story credit, screenplay credit, those aren’t salaried items. So we get paid to write. True, we also often negotiate bonuses should we get credit, but the credit is ultimately determined by the WGA. So we get paid a bunch of money, hopefully it’s a lot. And then the WGA decides who gets credit and who doesn’t, which means depending on what your bonuses are like, you might get paid a big bonus for getting story credit. You might get paid nothing for getting your story credit. So just be aware of that.

When you say how much for an uncredited rewrite? Well, that’s essentially what your salary is, right? So the salary is for the writing. The basic structure is we get paid a certain amount of guaranteed money to write. Then there are optional payments that they can make if they choose to keep us for another step of writing. And then after that, there’s bonuses that we may or may not get depending on how we negotiate because they’re not guaranteed by the union. And those bonuses are for sole screenplay credit or typically, they’re for sole screenplay credit or shared screenplay credit. They are almost never for story credit.

**John:** Yeah. Just to underline what Craig said is we get paid to write. And so the time that we are being paid to write, we don’t know if we’re going to be credited on this movie or not. So there’s no difference in salary between a credited rewrite and uncredited rewrite because the time we’re writing the scripts, we’re just getting paid either a flat fee for doing a draft or we’re getting paid a weekly fee for the work we’re doing on the script that week.

And so that weekly fee can vary hugely, as could the fee you’re getting for a draft. That fee you’re getting for a draft is going to be no smaller than the Guild minimums, so, you know, a fair amount of money. But it’s not any different based on whether it’s supposed to be a credited rewrite or an uncredited rewrite. That’s not a thing that exists at the point that you’re being hired.

**Craig:** Correct.

**John:** You want to take the next one?

**Craig:** Sure. Derek writes, “Following up on your one-handed movie heroes episode, I teach literature to high school students. One of my favorite things about literature of all types is its ability to reflect truth and life experience. Movies have always been my favorite form of literature and I had never considered before your conversation that film characters have motivations that are less complex than real life human beings. I find that notion disappointing, even troubling. Does that mean that film characters tend to be less complex than characters in books?”

**John:** So this was the topic that I brought up. And I would push back and say that I don’t know that movie characters are less complex. But I will say that it’s harder to expose that complexity in a movie than it would be in a book.

It’s that because we only have experience of a character through what we can see and what we can hear, it’s harder to do the deep forensic work inside a character to expose to the audience what is going on inside his or her head. To the degree there’s less complexity, there is less opportunity to explore that complexity because of the nature of the medium.

**Craig:** Yeah. I think that I would say that all characters, characters in books, characters in any kind of drama whatsoever are ultimately less complicated than real life human beings because they are purposeful. Most people, in a snapshot of their day, aren’t purposeful. Most people, sadly, when you look at their entire lives, are not purposeful. They existed, did things, moved in erratic, non-productive circles like Eddies in time and then died.

And you could remove them from existence and probably things wouldn’t be that much different. The point of dramatic characters is that you cannot remove them because they are part of a narrative that is purposeful. It’s interesting, I think that Derek is intending the world complex to be complimentary.

But in drama sometimes, actual complexity is boring. What’s more interesting is resolvable complexity or a dialectical complexity where somebody is occupying two interesting sides of a debate. We call that complex. Sometimes I see a movie and it does appear that the movie is trying to simulate the everyday numbing, pointless complexity of real life. And those movies make me sleepy.

**John:** Yeah. I think he is trying to create antonyms between complex and simple. And I would say that the better antonym is complex and focused. And I would say characters in literature are focused, and characters in movies are even more focused generally than characters in books.

In all literature, you are editing down the experience of a lived life to focus on the things that are important to your story. And so literature is, by its definition, going to be less chaotic and complex than real life but that’s sort of the point. You want to be able to expose certain things through editing away the stuff that is not part of the story you’re telling.

**Craig:** Yeah, that’s exactly right. I think that’s a very good way of putting it.

**John:** John in Roswell, New Mexico writes, “In dialogue, if a character pronounces an acronym as its own word rather than a string of individually spoken letters, how would you do that on the page without it being confusing in any way for the reader? To give an example of this, there’s a military institute in my town. The acronym of its full name is NMMI. In conversation, people routinely refer to it as NIMMY, turn the acronym into its own word. How would you do that in dialogue?”

**Craig:** Well, a couple of ways. Ideally, you’re going to introduce the NMMI establishment before someone says the word. So in action description, you say EXT.NMMI.DAY, this military institute blah, blah, blah, blah, blah. The locals pronounce it NIMMY. And you just tag that in your actions so that from then on, you can write NMMI or just NIMMY, whichever you prefer.

My guess is I probably want the dialogue to say N-I-M-M-Y, NIMMY, just so people don’t have to constantly be like, “Oh, right, that thing where I’m supposed to pronounce it this way but it’s spelled this way.”

**John:** Yeah.

**Craig:** If that does not occur, then I think probably what I would do is on the first mention, I would have somebody say, “Oh, yeah, he’s been working at NIMMY for five years. I would write that as N-M-M-I for five years. And then if they continue on, I’d put this parenthetically or then I’d add afterwards “The locals pronounce N-M-M-I NIMMY” in quotes and then everybody after would be N-I-M-M-Y.

**John:** Yeah. I would probably do something similar to that. I would also consider changing the name because I always think about it from the audience’s perspective. And it’s like, “Are they going to get confused about what it is we’re talking about?” And NIMMY sounds kind of silly. And so, you know, unless I could see the sign and someone says, “NIMMY,” then I would get what it is. But I might honestly just pick a different name for what that is just to sort of get past that confusion.

**Craig:** Yeah.

**John:** What Craig is talking about also with the spelling things out is part of the reason why we tend to always spell out numbers in dialogue because sometimes there are multiple ways someone could say that number and they probably want exactly one way. So if you have the number 212, well, do you mean 212 like a phone number or do you mean two hundred and twelve or two-twelve? Just spell out the words so you can get the actual line of dialogue that you want.

**Craig:** Yeah. This brings to mind another way that you can solve this problem is by having someone casually say NIMMY, N-I-M-M-Y, and then someone say, “What’s NIMMY? Oh, NMMI. It’s the military institute.” I hate that personally, but.

**John:** Yeah, but you see that in procedural shows a lot.

**Craig:** By the way, I generally don’t like this sort of thing. I find it cutesy. I find it like I’m sure the people in your town do call it NIMMY but it feels like false cruelness somehow. I don’t know, it just seems weird. Like if you’re going to have a military institute, have the military institute. You know, call it the institute. I don’t know. I don’t like NIMMY.

**John:** Yeah. But Craig also pronounces all the words in SCUBA because he doesn’t like that abbreviation.

**Craig:** Yeah. It’s a self-contained underwater breathing apparatus. Lowell in New Hampshire writes [laughs] — come on, I get a little credit for pulling that — “I have gotten advice recently that my spec would serve as a great writing sample. But I am not sure what that means. That is to say, what do I do next? Also somewhat related, I heard once that it’s a good idea to write a spec for a TV show that’s off the air as a writing sample.” He likes i.e., “That is, you want a staff job on the new sci-fi you heard something about and so you write a spec on Star Trek: The Next Generation. If that’s true, it’s not clear to me what you might do with it.”

**John:** All right, let’s clear up some things really quickly here. If someone says something would make a great writing sample, that can be a backhanded compliment, kind of saying like, “No one’s ever going to make this as a movie but maybe it’s a writing sample.” But it could also mean like, “Yeah, that’s a good writing sample. It shows good writing.”

So don’t necessarily take that as an insult that someone says it’s a great writing example. It just means that if someone were to read this and might say like, “Oh, this guy could write. I’d be curious to see in writing something that I would actually want to make.”

In terms of specking a TV show, you are listening to some old advice. And so most of the TV showrunners I’ve talked to recently, they do not want to read an episode of Star Trek: The Next Generation unless it was some brilliant meta-conceit of an episode of Star Trek: The Next Generation that would get them fascinated. So, like if you wrote an episode of Bonanza where they encounter a UFO, that might actually be kind of great and fascinating, but they’re probably not looking for a show that’s off the air.

And honestly, back when people were still reading spec episodes of existing shows, they were looking for the shows that were the new hot show. And so, you’d be writing a spec episode of Unbreakable Kimmy Schmidt. You wouldn’t be writing an episode of Star Trek: The Next Generation.

Most TV showrunners I have talked to would rather read original scripts, though. They want to see what you can do that’s your own thing, rather than aping someone else’s voice.

**Craig:** Yeah, no question, whatsoever. It’s part of the evolution of television. It’s less of a factory now. There are fewer shows and they exercise more care, I think. So they do want original voices. Also, the reduction of feature films means a lot of former feature writers are now in television. I think a lot of television showrunners started reading feature scripts and going, “Wow. This person is a really good writer.” And then getting rewarded for it when they put them on the show. So —

So yeah, this thing of writing some show that’s either — some other show that’s on the air or god forbid you write a Star Trek: The Next Generation is — that’s like going outside in I don’t know whatever the fashion of the ’20s was. No, that’s probably hip now. Whatever the fashion of 15 years ago is like, what’s the worst? Anyway, you get the point.

**John:** We get the point. Trudy writes, “How do you do research? Is there a process for this? And do studios allow for research time when they hire a writer? Are writers compensated for that time? I’m really just curious about the process of writing a screenplay where a lot of due diligence is required to make something that is representative and accurate.”

**Craig:** Good question. I am currently working on a pilot for HBO that is very research intensive because it’s based on a thing that happened. And do I have a process for this? Yes. It’s the research process. So, remember research methods and how to research things in high school and college? It’s that. It’s research. You start looking things up. I mean, it’s easier now than ever before but you, hopefully, are getting your combination of primary sources, which are people describing things that they personally experienced, secondary sources where people are talking to people who primarily experienced it. You’re getting various view points and perspectives. And you’re getting your facts straight. And you’re being as accurate as you can. It’s just research. Are we compensated for that time? Not specifically. No. We’re paid to write. That’s our job. If we need to research stuff to write, that’s on us. That’s part of our writing process and it’s folded into the cost of us writing for them.

There are times, however, where if necessary, the studio may be willing to fund a research trip.

**John:** Yes.

**Craig:** And that’s something that you have to convince them is necessary. When they hear research trips, sometimes they get excited and sometimes they think, boondoggle. Or if you’re writing your movie about — what was that movie? Couples Retreat, where the couples all went to Bora Bora for marriage therapy. Well, if that’s your research trip, smells a little boondoggly. But if you need to research, I don’t know, the slums of East Berlin, sure. I can see that, yeah.

**John:** So two examples of research trips from my experience. So first was a project I was writing for Paramount a zillion years ago. And it was set in New York City and it’s set like at the Dalton private school and sort or that kind of world. And I really — I’d never been to New York. And so, I needed to go there and do some basic research. And Paramount said, no. It’s like it’s New York, just write New York. And so, Gale Anne Hurd who was my producer, she used her personal miles to fly me to New York. I ended up staying at Doug Liman’s apartment. And it was a great research trip. And so that was the case where the producer stepped up and got me on that trip.

More recently, Scary Stories to Tell in the Dark is set in a very specific place and I needed to go to that place and do some research there. And I just flew myself there and I put myself up. And there was never going to be a question that I was going to try bill the studio for that because partly they’re paying me enough money, but also, it was a kind of arbitrary choice I was making for why I wanted to have it here. So I needed to defend that choice.

What I do in those research trips I find is you are looking for the geography. You’re looking for specific details, but also, I was looking for people. And so —

**Craig:** Yes.

**John:** I was looking to try to meet those people, hear the vocabulary they were using and getting a lot of great contacts so I could have people who I can text at like, you know, seven at night and say like what would be the word for this thing? And they can text me back with what that is. That is really the value of research. And that’s the kind of thing that if I had — I had Stuart do it, it wouldn’t —

**Craig:** It would be terrible.

**John:** It would be terrible if Stuart did it.

**Craig:** Once again, if you had Stuart do it, it would be a disaster.

**John:** Because the thing is, I don’t know what I’m looking for. I’m just listening and like, ah.

**Craig:** I thought it was just because Stuart is doing it.

**John:** No, no. I mean, I — even like a really good Stuart, it wouldn’t work the same way.

**Craig:** [laughs] I don’t even know what that would be like.

**John:** [laughs] Yes, we could imagine, though. We’re screenwriters. You can imagine anything.

**Craig:** It’s crazy. Patrick in San Dimas writes — I love Stuart. “I heard Craig warn a Three-Page Challenger that he was pitched a Time Bandit movie and he was unsure if he was going to do it. At this stage of your career, do you both get pitched specs scripts or ideas by different studios to write? Or are these things your agents have found for you?”

**John:** Great. So, we need to take the word spec script out of there because that actually doesn’t make sense there. So —

**Craig:** Correct.

**John:** A spec script is something that Craig and I would write independently. But we are pitched ideas by studios, by producers. They say like, “Hey, we want to make a movie based on this thing or about this idea.” And sometimes they’ll approach me directly if I have a relationship, but more likely they will call my agent David Kramer and David Kramer will call and say like, “Hey, they want to do this thing.” And I’ll think like, “Do I want to do that thing?” And about half of the time, I’ll say, “No, that’s just not a world I’m interested in.” Or I’ll say like, “I don’t know what that is, but I’ll look it up.” And then, I will pass on it a few days later.

But sometimes, it’s a really great idea. And then I go in for the meeting and that becomes a thing. So that was Scary Stories to Tell in the Dark, which I was like, “Yeah. You know what, I kind of know what that is, let me look into it.” And then I hop on the phone and that happens.

So I would say at this point of my career, a significant majority of the stuff I end up being paid to write is that kind of thing, where someone has pitched me, this is either a project we own, it’s a book we want to adapt or it’s this — a story world we want someone to approach.

**Craig:** Yeah, it’s basically the way it goes. I mean, I — seems like it’s half and half for me, in terms of whether somebody has something that they give to my agent or they just call — I don’t know. I must be the most accessible guy because people are calling me all the time. Or sending me emails all the time saying, “What about this? What about this?” And I always think like, you know, it would be better if everything did go through an agent because one of the benefits of an agent is that you don’t have to have that awkward conversation.

**John:** Yeah.

**Craig:** You know. I mean, look, sometimes, somebody pitches you something and you just know within four seconds, you just don’t want do it. Or you can’t do it. And you find yourself, you know, I don’t like saying no at all.

**John:** Yes.

**Craig:** I mean, there’s a part of me that wants to do everything anyway. And just because, why not? Let’s see, you know. But you can’t.

**John:** Mm-hmm.

**Craig:** But yes, at this stage of our careers, we get pitched stuff all the time to rewrite or to write. And it’s very flattering. And it is — it’s funny. It just sort of happens at some point, you know. You spend of a lot of time, many years, waiting for it to happen in the way you imagined it happening. And then it happens. And soon enough, it will un-happen and then you quit.

**John:** Yes, exactly, when they stop calling you about that, you know, would you want to make remake of this? And you’re like, “Well, of course not.” And then like, “Wait. Why aren’t you calling me about that anymore?”

**Craig:** Right.

**John:** I think that’s one of those fascinating things. When we get off the air, I’m going to ask you whether you got a call about a remake of a specific TV show.

**Craig:** Okay.

**John:** And I will judge my worth and your worth, based on which of us got the call first.

**Craig:** [laughs] Okay. Sounds good. I’m excited. What do we have next?

**John:** Kathel in Dublin writes —

**Craig:** Kathel.

**John:** “I am wondering whether to set my next screenplay in the 1970s or modern day. It’s a buddy/fish out of water comedy. And while the time period won’t change the concept or story, it will impact how I write some scenes.”

**Craig:** Will it? Will setting it in the modern day or the 1970s impact [laughs] how you write some scenes? Will it? Huh? This is a very strange question.

**John:** I think it’s actually really easy question to answer.

**Craig:** Well, I mean, it is an easy question, which is — you better — you need to set it in the 1970s or in modern day. It belongs somewhere. It wants to be in a time. It has to be specific. You just can’t go, “No, it could be 70s.” I just feel like, well, why answer your question, I’m wondering whether to set my next screenplay in the 1970s, or ’80s, or ’90s or modern day, or ’40s, or ’50s or the middle ages. Why the 70s?

**John:** What I find so fascinating is like my idea is so unformed that I’m emailing you but I don’t even kind of know the basic nature of this idea. Because it can’t be. The same idea really couldn’t be in both places. Like if the email had come in saying like, “I have this whole approach, which I’m really excited about, like the 1970s of it all. And yet, I’m worried that it’s going to be so locked down in ’70s. I could also do it in this way, which obviously changes a lot of things. I’m really torn. Or if the question was how much more difficult am I making my life by setting this in the ’70s versus the modern day? That email, I kind of get, but to have it be so unformed is fascinating to me, so —

**Craig:** it’s bizarre. Look, the time period is one of the fundamental elements of your story. For instance, John and I recently watched Diary of a Teenage Girl, last podcast episode.

**John:** We did a podcast about it. Yes, yes.

**Craig:** We interviewed Mari Heller, the great Mari Heller. Now, that needed to be in the ’70s. I felt it. Because I didn’t think — I don’t think I would have believed a lot of what happened there had it happened now.

**John:** Yeah.

**Craig:** It felt like it needed to be a product of a time that was both sexually adventurous and also sexually naïve. It needed both. It needed to be before AIDS for instance.

**John:** Yes.

**Craig:** And it needed to be before the kind of morality panic of the ’80s. You need to have this movie now or in the ’70s? Need to. You just don’t know which, because I don’t think you’ve thought this through well enough.

**John:** So if the question from Kathel in Dublin had been, “Given your druthers, should a movie be set in the 1970s or modern day?” I would say, in general, modern day. Because I think the things you are making your life more difficult about by setting it in the 1970s are substantial. And sometimes, a movie really wants to be set in ’70s. But if it doesn’t really want to be set in the ’70s, then set it in modern day.

**Craig:** Yeah. I think that that modern day is the default.

**John:** Yeah.

**Craig:** So you need to want it to be period for a reason. All right.

**John:** Pick good defaults.

**Craig:** Pick good defaults. Harris from Brooklyn writes — hey, Brooklyn, what’s up? “I have made two short films so far that I’ve written and directed. I’m interested in doing both of those things, writing and directing. The thing is, I don’t know if I should focus on writing my full length screenplay or write and actually make my short films.”

**John:** So Harris in Brooklyn, you’ve already made two short films. That’s good. We encourage people to write things and direct things, so they actually understand what the process of writing and directing things consists of. If you have not yet written a feature length screenplay, you should probably write a feature length screenplay just so you know what that is and what that whole experience and process is. Because you could make 17 short films, after film number eight, I don’t think that’s going to help you write a full feature length screenplay or get a movie made. That’s just my first instinct.

**Craig:** It’s sort of an unanswerable question. I don’t know if you should focus on writing your full length screenplay or continuing to write and make your short films because I don’t know what your — I don’t know what you’re good at.

**John:** Does this guy want to be a music video director? Then he should make more short films. Does he want to be feature screenwriter? He should probably write a screenplay.

**Craig:** Yeah, if you want to make feature films, you better start getting into feature films, sure. But, you know, you — I’m sure are aware, Harris, that it’s one thing to write a short film script and then go shoot it because it’s manageable. It’s another to go shoot a feature length screenplay. You have experience now, so it is possible for you to write a feature length screenplay that is shootable. I would write so that you can make it, because ultimately, there is no better currency than a film. It’s better currency than a script.

**John:** I agree. Our last question comes from Jay. “I’m always fascinated with going to Wikipedia and finding out what the budget for a movie was against how much it grossed. But then I heard somewhere, maybe on your podcast, that movies have to gross at least double the budget of their movie to break even. But what exactly does that mean? In terms of screenwriters, producers, et cetera, do they get piece of the backend? Or is that just the studio behind the film? I’m basically curious of the entire process of how everyone involved [laughs] in the movie makes money?”

**Craig:** [laughs]

**John:** So I just figured it would be a good last question to throw in here.

**Craig:** So first, there was an enormous explosion in space. And stars were formed. Then, it’s the — okay. So there’s a lot here. We can’t answer it all at once. I think we’ve actually answered a lot of this before. But let me just go through it quickly.

You’re fascinated with going to Wikipedia and finding out what the budget for a movie was against how much it grossed. Well, maybe, be a little less fascinated with that. It’s just so — who cares? Okay. But —

**John:** You don’t know that the budget that Wikipedia lists is at all accurate.

**Craig:** Yes, it’s not. I guarantee you, it’s not. No budget ever is accurate. I believe that. No budget that is ever published anywhere is accurate. The budget that they show us, that when we’re making the movie, I don’t believe is accurate. [laughs] So all those numbers are baloney, okay? So just know that.

Two, against how much it grossed. Theatrically or grossed theatrically, plus DVD, plus rentals, plus Internet. What does gross even mean? Okay? So there’s that.

You heard somewhere, maybe on our podcast, the movies have to gross at least double the budget of the movie to break even. There’s a rule of thumb. That if you can gross double your budget theatrically, then eventually you’ll be okay. Why double? Because the movie costs money, but then the advertising of a movie costs almost as much — sometimes more money than the movie costs. A lot of times, more money than the movies costs. Then, they have to distribute the movie which costs money as well.

And remember, advertising isn’t just in the United States, it’s everywhere all over the world. And then, all the overhead that goes into play as well, all the salaries of the many, many people that work at the studio in marketing, in distribution and development, all the rest.

And there’s things like taxes, right?

**John:** Yeah.

**Craig:** And of course, the money that was reported as the theatrical gross, that doesn’t all go to the studio. The theaters take a big cut of that as well. Now, you ask, in terms of screenwriters, producers, do they get a piece of backend or is that just the studio behind the film? Screenwriters do not get backend. If a screenwriter is working as a producer or director on the film, then optionally, they may be able to get a real backend. But screenwriters just doing the screenwriting job, no, they don’t get real backend.

Producers almost exclusively get backend, meaning they don’t get paid much for developing the project. They often have fees for making the movie. And then those fees are applied against a backend, so it’s recoupable against a backend. And then if it goes over that amount, then they get more.

So, yes, big movie stars, big producers, big directors can get a piece of the backend. Their salaries are applied against it.

**John:** We can stop there.

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

**John:** That’s good. It’s a good introduction to this. But I will say there are previous episodes, we’ll try to put links to some of those previous episodes, where we talk about sort of how money works in the business. But it’s a topic for a book, not a topic for the last question of the show.

**Craig:** Uh-huh.

**John:** Let’s do our One Cool Things. Craig, I see something called Dead Synchronicity. What’s that?

**Craig:** Dead Synchronicity is a game that is out for Mac, PC and iOS and possibly, possibly Android, although who cares about Android? And I liked it. I liked it a lot. I played it. I thought it was really, really good. It’s an interesting game. It comes from a company in Spain. I think three Spanish brothers actually are the principals of the company.

And it’s not revolutionary game play. It’s basically a point and click puzzle adventure. I love these point and click adventures where the game structure basically is find things and figure out where to use them. Very old school way of doing things.

What made this game interesting for me was that it was incredibly dark. It’s got a lot of sci-fi mumbo jumbo. The sci-fi story, in and of itself, is bordering on incoherent. It promises a sequel, which I’ll play. But what blew my mind about the game was one moment [laughs], one moment in particular, where I thought, “I can’t believe the balls on these guys — ”

**John:** [laughs]

**Craig:** “For putting this in a game.” It is gross, and disturbing, and awesome. And there were a lot of gross, disturbing, and awesome things in it. But there was one moment where I went, “Wow, this is getting sick.” And you just don’t see that very often juxtaposed with the point and click graphic adventure. So I really enjoyed it. It is dark and disturbing, so trigger warning.

**John:** Okay. My One Cool Thing is Mr. Robot, which is a show on USA. It’s a summer series that I heard people talking about and then I didn’t start watching and it’s like, “You know what, I’ll start watching it.” It is fantastic. And so I would strongly recommend that really everybody listening to this podcast at least watch the pilot episode because I thought it was just terrifically written by the guy Sam Esmail who I’ve never encountered before.

The pilot is terrifically directed. This guy, creator of the show, also directed the second episode. It was just terrifically done as well. The conceit of the show is you have a guy who is a computer security technology expert who is definitely on one of Craig’s spectrums.

**Craig:** Hmm.

**John:** He is an incredibly dark central character to try to follow and yet he’s fascinating. And so at the top of the show, we were talking about Clueless and how Cher might seem like a sociopath if you didn’t have her voiceover. Same situation with this guy. He has voiceover and yet the conceit behind his voiceover is he’s talking to a person he knows is an imaginary person, and that is you.

And so he will address you directly through his voiceover. And it ends up becoming incredibly important and helpful to the show. It’s all entirely from his point of view and to the degree to which things within the world have bent to sort of his point of view. And so the villainess corporation has a giant E. He calls it Evil Corp and then from that point forward, every time you see it and everyone who refers to it calls it Evil Corp, which I think is just great.

It’s such a great example of how a strong central character can drive not just the plot but really the world of a show. So I strongly recommend Mr. Robot on USA.

**Craig:** Okay.

**John:** Okay. You will find links to most of the things we talked about on the show today at the show page at johnaugust.com/scriptnotes or /podcast, both will get you there. Also, while on johnaugust.com, you should go visit the store, store.johnaugust.com where you can see the four Scriptnotes T-shirts and pick your favorite. Pick a couple if you want to.

Again, these are all preorders. You only have about two-and-a-half weeks to order these shirts. Then we will print them, we will package them up, we will send them to your house. They will be on your body in time for the Austin Film Festival if nothing goes horribly wrong. And I don’t think anything will go horribly wrong.

**Craig:** Yeah.

**John:** Our show is produced by Stuart Friedel.

**Craig:** Yeah.

**John:** It is edited by Matthew Chilelli. Thank you, Matthew. Our outro this week comes from Duncan Pflaster. If you have an outro for our show, you can write in to us at ask@johnaugust.com with a link to your outro. That same address is a great place to write questions like the ones we answered today. And so ask@johnaugust.com. Little short things are great on Twitter. Craig is @clmazin, I am @johnaugust. And that is our show this week.

**Craig:** Thanks, John.

**John:** See you next week.

**Craig:** Bye.

Links:

* [Scriptnotes shirts are available for pre-order in the John August Store](http://store.johnaugust.com/)
* [Dewalt hex bit set](http://www.amazon.com/dp/B000628SO2/?tag=johnaugustcom-20) and a [magnetic bit extensions set](http://www.amazon.com/dp/B004V3TQP2/?tag=johnaugustcom-20)
* This is the last week of the summer for [Featured Fridays](http://johnaugust.com/2015/weekend-read-featured-fridays) on [Weekend Read](http://quoteunquoteapps.com/weekendread/)
* Scriptnotes, 130: [Period space](http://johnaugust.com/2014/period-space)
* [South Park popularity is soaring in Taiwan](http://articles.baltimoresun.com/2000-12-28/features/0012280062_1_taiwan-south-park-four-musketeers) from The Baltimore Sun
* [Non-disclosure agreements](https://en.wikipedia.org/wiki/Non-disclosure_agreement) on Wikipedia
* Screenwriting.io on [handling numbers in dialogue](http://screenwriting.io/how-should-you-handle-numbers-or-confusing-jargon-in-dialogue/)
* Screenwriting.io on [spec scripts](http://screenwriting.io/what-is-a-%E2%80%9Cspec-script%E2%80%9D/)
* Scriptnotes, 11: [How movie money works](http://johnaugust.com/2011/how-movie-money-works)
* [Dead Synchronicity](http://www.deadsynchronicity.com/en/home/)
* [Mr. Robot](http://www.usanetwork.com/mrrobot) on USA
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Duncan Pflaster ([send us yours!](http://johnaugust.com/2014/outros-needed))

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