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Scriptnotes, Ep 232: Fun with Numbers — Transcript

January 14, 2016 Scriptnotes Transcript

The original post for this episode can be found [here](http://johnaugust.com/2016/fun-with-numbers).

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

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

**John:** And this is Episode 232 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters.

Today on the program, we will look at what the giant success of Star Wars means for screenwriters and the film industry. We will look at a startup that uses exclusive algorithms to predict which movies will be hits or flops. Ooh, get your waders because there’s going to be some umbrage muck there.

A WGA proposal that changes the number of years board members can serve. And in the craft corner, we’ll look at how you tell an audience what your characters’ names are. So a busy episode.

**Craig:** Indeed. Plus we have some questions and things.

**John:** We have a lot to go through. But this is our first normal episode in a while. Last week, we had Aline and Rawson on, and that was so much fun. But Craig, it’s honestly great to have you back.

**Craig:** Well, thank you, John. I’d like to think that everybody likes the original formula of Coke. You know, we are the original formula. This is it.

**John:** Well, it’s fascinating. It’s like the original formula of the Coke has been sort of supplanted by Mexican Coke. Classically, I mean, you should think that American Coke is Coke. But in Los Angeles restaurants, you order Mexican Coke because it’s made with sugar rather than being high fructose corn syrup.

**Craig:** Right. It’s made with cane sugar instead of — or, well, I don’t know, sugar. It’s funny, like, most sugar comes from beets, I guess.

**John:** Yeah. Sure.

**Craig:** But none of it’s really the original Coke because the original Coke had cocaine in it.

**John:** It’s so good.

**Craig:** Yummy.

**John:** Somewhere on Twitter, a person linked to this photo of some product that was sold and the ingredients in it were amazing. It was like alcohol, cocaine and like morphine. And it was like an over the counter thing you could buy.

**Craig:** Cocaine wine.

**John:** Cocaine wine.

**Craig:** Yeah.

**John:** Oh, more cocaine wine for Hellen Keller.

**Craig:** Oh, so good. [laughs]

**John:** All right. Let’s do some follow-up because there’s a bunch of it.

**Craig:** Yeah.

**John:** Alex writes in, “In Episode 7, another wonderful episode wherein you guys offered your thoughts and opinions on female health issues — ”

**Craig:** Yes.

**John:** “Craig ended up by promising, ‘Next week’s episode is entirely about vaginosis.'” Alex continues, “I’m not saying that things don’t come up from time to time to bump the planned schedule, but for the next 222 episodes or so, I’ve been waiting for this episode.”

**Craig:** Yeah.

**John:** “Before I continue spending my $2 per month, do you guys have an ETA on the vaginosis episode? And if the solution comes down to yogurt, I’m going to be very disappointed.”

**Craig:** Yeah, it’s a great question. So I’m going to try to make this as quick as I can. This is the vaginosis episode, okay? And this should be family-friendly. It’s just science, folks.

**John:** Yeah.

**Craig:** So what is vaginosis? Vaginosis. Everyone’s like, what the hell is going on? Vaginosis is not a yeast infection. A lot of people think they’re the same thing. They’re not. Vaginosis is actually far more common than yeast infections. And it’s one of those good bacteria, bad bacteria things.

So you know, like there’s a whole thing now about good bacteria is really important for our health. We all know that’s sort of like in our gut bacteria is really important. Well, it’s also really important in the vagina because a particular kind of bacteria called lactobacillus keeps the pH balance in the vagina slightly acidic, and that helps kill bad microorganisms that come to the vagina.

Okay. I’m going to say vagina about 1,000 times, by the way.

Sometimes that balance gets out of whack. And a different kind of bacteria called gardnerella begins to proliferate, and that kills off the good bacteria, the lactobacillus.

Why does this happen? It just gets in there. You can think of ways it might get in there. I mean, the point is the vagina is an opening and stuff gets in openings. That’s just life.

Anyway, the point is, another — well, there’s another reason it happens. This is the worst thing. Sometimes women douche, and they should not. As far as everything I’ve read, that’s just like the worst thing. Because what it does is, perversely, the thing you’re doing to clean your vagina, is just cleaning away the bacteria that keeps your vagina clean, and then you can end up with this situation which is vaginosis.

And what are the symptoms? I’m not going to go into the symptoms. They’re unpleasant.

The point is this, she’s asking about yogurt. So people went, “Okay, well, if vaginosis is caused by things being out of whack and there’s not enough of the lactobacillus in there, how do I get more lactobacillus? I know, yogurt. Because it has lactobacillus.”

Sort of not really. Two different strains. And also, eating it isn’t really the same thing as putting it in your vagina which, by the way, people have tried to do. They’ve literally dipped tampons in yogurt and stuck it up in there.

And there’s like one study that says that might work. One study. But mostly, the studies say no, eating yogurt doesn’t really do anything. Even taking probiotics doesn’t really seem to help, because it’s just kind of the deal.

So this is a bummer, Alex. We’ve finally gotten to the vaginosis episode and what I’m telling you is I can’t even give you yogurt. I can give you nothing except, unfortunately, antibiotics. Which is not great because those come along with all other issues.

But it’s just one of those things. The vagina is an opening, things get in openings. Sometimes there’s infections. I’m sorry.

**John:** Yeah. It feels like one of those intractable problems that we often face as screenwriters where, you know, it’s just the way things are and you have to accept that it’s the way things are.

**Craig:** It’s just the way things are.

**John:** You could sometimes be vigilant for like things not to do. So you’ve given some useful advice on like not douching.

**Craig:** Yeah. So don’t douche. There’s no cause for it.

The worst of them actually not only wash away the good bacteria, but then they raise the pH of the vagina which then makes it even harder for the good bacteria to survive or come back. There’s just no reason for it. I know why it’s there, but don’t do it.

**John:** Lewis in the UK writes, “On your live show, you urged people currently using their parents’ Netflix accounts to get their own. This got me wondering what difference it would make to you, the screenwriter.

Assume I currently use my dad’s Netflix account and there are 1 billion people identical to me following my actions. What effect does it have on you if I and my clone army get my own account under the following conditions? One, neither of us watch your movie. Two, I watch your movie. Three, both I and my father watch your movie. Cheers, Lewis.”

**Craig:** Cheers, Lewis.

**John:** Yeah. So Lewis is asking what difference does it make whether I watch something on my dad’s Netflix account or my Netflix account. And the answer I think has to do with just overall numbers of subscribers to Netflix and that the more people Netflix have watching movies, the more money they have to spend to buy the rights to our movies.

**Craig:** Yeah. But there’s another thing, too. I think there’s residuals issues because Netflix pays the studios.

Now, we don’t really know how Netflix pays the studios, it’s a big bit of a mystery. But I suspect that it is somewhat metric. They’re not going to be paying Warner Bros. as much for a movie that made $2 million as they are for a movie that made $100 million that people are constantly clicking on and watching.

So Netflix has metrics for everything. The more people that are watching a particular movie, the more probably they’re going to send to the studio a portion to that movie. And then that becomes gross proceeds for the studio, which then impacts our residuals on our end.

If one person watches the same movie five times on Netflix, I don’t know if Netflix says it was watched five times. Maybe, but possibly not.

**John:** Yeah.

**Craig:** But if two individuals watch it each once, that may count as two viewings.

**John:** Yes. So in general, it comes down to we do not get paid — in sort of the iTunes model, we get paid a specific residual for you are renting that movie or you are purchasing that movie. And that is lovely and it’s much more straightforward.

When a services licensing a movie for a period of time at a certain rate, we don’t get a portion individually residuals for that one person who watched it. But the more people overall who are watching that movie on that service, the more likely that service is going to say, “You know what? We better have The Hangover Part 3 next month because a lot of people love to watch that movie.” And that’s the service you’re doing us by getting your own account and watching that yourself.

**Craig:** I mean, of course, there’s the — I mean, Lewis isn’t — he’s asking a very specific question about how it affects, but then there’s just the moral thing, you know.

**John:** Yeah.

**Craig:** Stop leeching off your parents. [laughs] You know, like, it’s embarrassing.

**John:** Spoken as the father of a teenager, yes.

**Craig:** Well, yeah, it’s embarrassing. Like, I mean, the last thing I would want to do is be leeching off my parents.

**John:** Yeah. It’s generational.

**Craig:** That’s just me.

**John:** Sean writes, “My script has been picked up by a couple of producers to be made next year and they’ve asked me to direct.” Congratulations, Sean.

**Craig:** Nice.

**John:** “They have chosen a venue and hired actors for a read-through. I’ve asked around and gotten some recommendations from others who have been in similar situations. Common advice was to watch those attending and read their body language, et cetera to find any spots that lag, spots that are engaged. My question is, what advice do you guys have about the questions I should ask those who attend the read-through so I can get the most out of it?” Craig?

**Craig:** Well, that’s interesting. I’m not sure that this whole body language — I mean, you really should just watch it like an audience member. I mean, you have to kind of take yourself out of the seat of being the director so to speak, because when you’re doing a live read-through, they’re just going to read it through. You can’t stop and start them. At that point, you really should trust yourself rather than — now, what you can do is you could have somebody set up a little camera to film the audience. Film, record the audience, that you can then review later to look for squirming. You can see like, for instance, if it’s a comedy, did we remember — was that a big laugh or not a big laugh? We can’t quite remember.

But mostly, I would say, just place yourself in your audience mindset and you experience it. And you take notes. And you monitor how you feel.

What do you think, John?

**John:** I agree. I think the value for the read-through is for you as the writer-director and for the actors. And if the audience and the producers and other trusted friends are watching this and they’re able to give you helpful things based on their observations, that’s great. But really, let the experience be about you and connecting with the actors.

The read-through is going to be one of the few times where all those actors are in the room performing the entire thing together. Movies aren’t like plays where the entire thing is staged each time. This is probably going to be the only situation in the entire process where the entire thing is performed. So just get a sense of what it feels like as a whole thing.

I would say, when you’re taking notes for yourself, look for lines that certain actors have trouble with. Look for moments that seem kind of clunky, or where the actors’ instincts about how to play something are not your instincts so you can go back and work through those before you show up on set and have to deal with those.

**Craig:** Yeah.

**John:** But I would say let that experience of a read-through be a chance for everyone to sort of come together and sort of celebrate the work as a whole, because it’s never going to be whole again until you see these people at the premier.

**Craig:** Quite, quite true.

The other thing to look out for is judgments about particular actors in the role at the read-through. Some actors really are film actors. They come alive when it’s quiet and the camera is on them. And they act to a camera, and they’re brilliant at it. They’re not great stage actors. Sometimes they’re intimidated by being on stage. Sometimes they tank it on purpose. They just don’t want to be judged, so they get very small.

I’ve seen so many big movie stars do this at read-throughs where they just suddenly seem so small, almost like they’re afraid to be big because it’s embarrassing to them.

So, I wouldn’t make anyone a hero out of it, and I wouldn’t make anyone a goat out of it, because there’s an enormous difference. A little bit like when people say, you know, there’s that term daily laughs —

**John:** Yeah.

**Craig:** Where, you know, it’s a big laugh in dailies or it’s a big laugh on the set. And then you put it in the movie and it’s like, “Nah, it doesn’t work.”

**John:** Yeah.

**Craig:** Make note of the context. Sometimes the performances will not at all be what you’re getting when you’re there on the day.

**John:** Yeah. All right. Our last bit of follow-up harkens back to Episode 112, and we looked at this video that had gone viral that week called “Dear JJ Abrams” which offered four points of advice for what JJ Abrams should do now that he was setting off to direct the Star Wars movie. [laughs] So I thought we would revisit what those four points were —

**Craig:** Okay.

**John:** And see whether those were actually meaningful. As I recall, you were openly kind of skeptical and mocking of this guy who made this video. But here are his four points.

**Craig:** Because he was saying obvious things, I think. [laughs]

**John:** Yeah, he was saying kind of obvious things. But here were his four points. Star Wars happens on the frontier. Is that true to Star Wars 7? Yes, it was.

**Craig:** Uh, yeah.

**John:** Very much. The future is old.

**Craig:** Yeah.

**John:** Yeah, absolutely. Like the movie starts with the wreckage of previous battles and I think it is very old.

**Craig:** And also the equipment was just taken directly from the prior — from the original series. So the blasters looked old. Yeah.

**John:** Yeah, they did. And there were lots of old people in it as well. [laughs]

**Craig:** Yeah. [laughs]

**John:** The force is mysterious. I’d say, mixed bag here. Because there wasn’t a lot of talk about the force in this movie.

**Craig:** Well, I think it were — I mean, we all know what it is at this point.

**John:** Yeah.

**Craig:** And I did like that the ball was moved a little bit forward on the force. You know, the whole staring, grunting duel between Kylo and Rey was something new. We hadn’t seen that before.

**John:** Yeah.

**Craig:** It was a little X-Men-y.

**John:** Yeah, it was a little X-Men-y. Kylo gets to make a blaster bolt hover in mid-air. That was cool.

**Craig:** That was awesome.

**John:** That was cool.

**Craig:** Loved that.

**John:** Finally, Star Wars isn’t cute. [laughs]

I would counter with BB-8. BB-8 is the cutest thing I’ve ever seen in an entire movie. I want nothing but BB-8 in my entire universe.

**Craig:** It’s not true. Star Wars is cute. I mean, even Jawas were cute. BB-8 is cute. R2 is cute. C3PO is cute. The little woman with the big eyes was cute. Yeah. I mean, even that monster on, you know, that was rampaging at one point was kind of cute.

No. Sometimes Star Wars is cute. There’s nothing wrong with that.

**John:** There’s nothing wrong with being cute.

**Craig:** Yeah. I mean, I don’t know, I still — I’m actually angrier about this baloney advice to — I love his advice to — I mean, I don’t know what I said. I’m guessing, if I could go back and listen to 112, that probably what I said was, “This is lame because all you’re doing is giving obvious advice that later you can take credit for.”

**John:** Yeah.

**Craig:** “Oh, he must have listened to me.” No, he didn’t. Stop it.

**John:** Yeah. No, he didn’t. Correlation is not causation. That’s going to come up later on.

**Craig:** It’s going to come up, yeah.

**John:** All right. Let’s go back to Star Wars. So new topics here.

**Craig:** Yup.

**John:** Star Wars is going to be the biggest movie of all time.

**Craig:** Yup.

**John:** We’re recording this about 10 days before this airs, the episode is going to air. So by the time this comes out, more of these records will probably have been broken. But on Box Office Mojo, which is probably the best place to look up sort of like how movies are doing over time, it’s fun that Star Wars knocks down sort of every record. So like fastest to 100, fastest to $200 million, fastest to $500 million.

The movie is also incredibly well-reviewed. And so I thought we might talk just for a minute about like what the impact of Star Wars will be on the film industry and for screenwriters in the coming years based on its gargantuan success.

**Craig:** Well, I did feel — I think I said on a prior episode that this would be — we would find out just how much money a movie could make. I mean, that’s kind of what’s happening here.

Very exciting for our friend, Rian Johnson, who’s making the next one, because I think that we will find out how much more a movie could make when he — I think his movie will become the biggest movie of all time.

**John:** Yeah.

**Craig:** It’s really exciting. Implications for the film industry? I don’t think there are any. This is a little controversial, but to me, this is a little bit like saying, “Well, what were the implications for Harry Potter?” Harry Potter was unique.

There were some other YA properties that came out, but they in themselves were — they had their own fan base and they had earned their way in. Like, say, The Hunger Games had earned its way in.

Star Wars is unique. I don’t know if anyone else can look at this and think, “Oh, well, let’s just do that.” You can’t.

**John:** Well, you can’t do that.

So in terms of it being unique, I think it carves out a space of like, you’re not going to make any kind of movies that are even like Star Wars for a while because Star Wars is Star Wars. And so I think if we were trying to make a big space opera, just put that on the back shelf for like 20 years because this is going to take up that entire universe. And anything you’re trying to make that is a big space opera is going to be compared to Star Wars here.

I think if you’re trying to make a giant Dune right now, it’s going to be compared to Star Wars in ways that aren’t entirely fair but would be natural.

**Craig:** Well Dune actually is not a bad idea. Hold on a second. [laughs] Hold on, because I agree with you.

I remember when Star Wars came out, it was succeeded by a series of terrible rip-offs and knock-offs, some of which I actually kind of liked because I was a kid and I liked that stuff. But Dune actually, this is probably a great time for Dune because —

**John:** You think so?

**Craig:** I do. Because I think people’s appetite has been whetted for the grand space opera. Game of Thrones is just Dune not in space, right? Dune is amazing.

Look, you’ve hit a little bit of a weird spot for me because I’m obsessed with Dune. I mean, I love the David Lynch movie. I’m obsessed with the David Lynch movie for so many reasons. But Dune’s incredible. And I do think it would be — this is a great time to do Dune.

Who has the rights to Dune?

**John:** They’ve been trying to make it for a long time. Pete Berg —

**Craig:** Paramount?

**John:** Yes. It was Pete Berg at Paramount. I think Favreau had a version at Paramount at some point.

**Craig:** That seems like a weird — I mean, you know, sometimes these weird matchups work. I wouldn’t have said Favreau for Dune. But regardless, I mean, maybe he could figure it out. It’s just, Dune is amazing.

This is not a bad time for Dune. Hold on. [laughs] I think you figured something out by saying no to it.

**John:** So here’s some implications I do think it will have, is that, sort of like the giant Marvel movies sort of just suck up all of the oxygen, and all the box office around them, whenever these Star Wars movies drop, it’s going to take — it’s like a huge meteor impact, and it’s going to be very hard to open a movie around those. And so that sense of like what weekends are left is going to be incredibly challenging.

So knowing when the next Star Wars comes out, knowing when future things down the road comes out, there are going to be fewer and fewer weekends in which you could safely program things. And so you’re going to have to look at sort of inadvertent counter programming, which is like, well there was no other place to put this movie, so we’re going to put this movie — this time I wouldn’t call it counter programming, but it’s really — we had no other place to release it.

**Craig:** We’re going to call it counter programming, yeah. [laughs]

That’s a very good point. That is the true impact on the film industry of Star Wars is that when the next Star Wars film comes out, no one can be on that weekend. They’re actually just going to give them the weekend. I mean, yeah, they might do — like Sisters was I guess their attempt at counter programming, but it’s interesting because —

**John:** It was a mixed bag.

**Craig:** It doesn’t really counter program. You can’t counter program Star Wars because Star Wars is for everyone.

**John:** Yeah.

**Craig:** Every age, every gender, every race, everyone all over the world. Therefore, you can’t counter program it unless you’re literally just showing movies to animals. Like if animals could buy tickets, like pets, then you can make like — this is a decent movie. Okay, on Star Wars weekend, you should have a film of like bacon being made and you invite dogs. That would work. [laughs]

**John:** I think maybe in the sixth or seventh week, they probably will have like a bring-your-dog-to-Star-Wars day at some theaters because like you want to go see the movie with your best friend, and your best friend is your dog. [laugh]

**Craig:** That’s the saddest — that’s so sad. [laughs]

**John:** I think it’s wonderful.

**Craig:** Oh my God, it’s the saddest thing ever.

No, you’re right. I didn’t even think about that. That’s another reason why I think Rian’s film will be the biggest movie of all time because it will have nothing. Nothing will be around it. You’re right, huge —

**John:** Well, nothing was really around it this weekend. I think this last time, people recognized that like, you know, they couldn’t compete. And that’s why so many, I think, the for your consideration movies got released earlier, like more towards Thanksgiving rather than on Christmas because I think they could see that it was going to be just a disaster to try to open against one of these things.

**Craig:** Right.

**John:** I mean Hateful Eight, I had a hard time getting the screens it wanted. It was a challenging time for other movies.

**Craig:** Yeah. Well, it was a challenging time in the Galaxy. And you know, one kind of okay thing is at least, you know, there are two big seasons to release these A-bombs, you know. One is summer, which is getting longer and longer. And one is the Thanksgiving-Christmas time.

**John:** Yeah.

**Craig:** So if it were in the middle of summer, it would — they’re smart to not do that. This is the Harry Potter time, which is that, because, you know, summer becomes exhausting. It’s exhausting. I get so tired of the onslaught.

**John:** One of the nice things about Christmas holiday, because I know there was — they were originally trying to make this a summer movie. And when they pushed it back to Christmas, there was a concern like, “Oh, they cost themselves some box office.” But adults have a lot of time off over the holidays. And so adults can see movies twice over Christmas in ways they couldn’t during the summer. And that’s useful.

**Craig:** Great point. And I think Lord of the Rings was a Thanksgiving-Christmas.

**John:** Absolutely. And Titanic was. Avatar was. So there’s precedent for making a huge amount of money at this time of year.

**Craig:** Yes, for sure.

**John:** But let’s take a look at sort of the content of the movie. Some people slam it for, like, it gives the fans exactly what they want. And it’s like, well, yes, it gives the fans exactly what they want, which is basically it feels in some ways like a soft reboot. It sort of performs the Stations of the Cross of the original movie. But also, it gives the fans what they want in terms of like, they want the universe to sort of grow a little bit and sort of not all be like white men running around. And they made very smart choices for that.

So I think as we see these re-explorations of classic properties, the chance to go back through and address some of what’s new in 2015 and 2020 versus the original films could be great.

**Craig:** Yes. I mean, it’s not going to be like this. I mean, this is — Star Wars is unique. I cannot bear to read one more think piece about Star Wars. It’s atrocious. It’s a movie. Go see the movie. Enjoy the movie or don’t. And then go home. Stop essaying every freaking thought you have and comparing it — no one cares.

The tidal wave of static that has erupted from the keyboards of the obsessives is overwhelming. I mean, it’s just a movie. I went to the movie and I enjoyed it. I could have a conversation about it with my friends. Sure. I’m not going to write some essay about it as if to say, “Guys, guys, guys, guys, I know a million people have written about this, but this is the one.”

**John:** This is the one.

**Craig:** This is it. This is correct. That’s the subtext of all those, which makes me nuts.

**John:** Perhaps the conversation that you do want to join in on though is on the January 25th special episode of Scriptnotes where we’ll have Lawrence Kasdan, the writer of Star Wars. And he’s going to talk to us about the movie.

**Craig:** Segue Man. Yes. He is going to talk to us about the movie and many other things.

Lawrence, Larry to those of us — Larry is fascinating for lots and lots of reasons. But what I really want — I mean, to be the guy that writes Empire and Raiders of the Lost Ark, and Body Heat, and then 30 years later, co-write the biggest movie in history. Wow, it’s unbelievable.

**John:** Yes. It’s going to be great. So again, we’re recording this episode super early. So I don’t know if there are still tickets available. But if there are tickets, you can find those at hollywoodheart.org/upcoming. And that is where you can get tickets to our special show of Scriptnotes.

But I’m not sure yet if it’s going to be a normal episode of Scriptnotes in the sense that it will be in the feed. We have to figure that out with sort of the actual technical demands of where we’re recording. And also, this is sort of a special event. So I don’t want to promise that everyone can get this free on Tuesday and not truck down to see us in downtown Los Angeles.

**Craig:** Yes. And Jason Bateman will be there, which is great.

**John:** Oh my gosh, Jason Bateman.

**Craig:** Yeah, and he’s terrific. And it’s for charity. It benefits children.

**John:** Yes. It’s a good thing. You know what does not benefit children? [laughs]

**Craig:** Segue Man. [laughs]

**John:** Segue Man. [laughs] It is a small Belgian company called Scriptbook.

**Craig:** Oh, god.

**John:** So the pit on Scriptbook is that they are using data science to figure out which movies are going to be hits or going to be flops. [laughs]

**Craig:** Thank God.

**John:** And so the CEO of the company, Nadira Azermai, raised money. They have a million dollars’ worth of financing. They are apparently in discussion with studios, not clear which studios, about their technology and their ability to predict which movies are hits or flops. So I just want to play one little clip from a promotional video they did so that you can get a sense of the company in her own words.

**Nadira Azermai:** I like data but — there is a big but, I also have a strong gut feeling. Sometimes you just want to back your gut feeling. And if I can back my gut feeling with really something that’s scientifically proven, then I have peace of mind.

**John:** Craig, I feel like this was forged in a lab just to anger you. This was like — this was a grain of sand introduced into your inner oyster belly.

**Craig:** Yeah, yeah. And here comes a pearl of absolute contempt and disgust.

**John:** Right.

**Craig:** Putting aside the stupidity of what Ms. Azermai just said, which is that she has created a number and database algorithm that is completely trumpable by her own gut feeling, this is not even new. That’s the thing, this snake oil baloney isn’t even new. She is the — I don’t know what, 12th of these things that have popped up that we’ve discussed. I mean, remember there was that one guy, Rocko, or whatever his name was.

**John:** Yeah.

**Craig:** There are so many of these guys. They’re all peddling the same thing. And what they’re peddling — okay, what they say they’re peddling, is an algorithm designed to analyze screenplays, and then out will come success. But what they’re really peddling is the oldest thing in the game — confidence. [laughs] They’re peddling confidence.

And so they’re saying, “You can be confident now. You can be certain. You can be relaxed. We’ve got it covered with our baloney. You don’t need to live in a scary world where you aren’t in control of outcomes.” I am so, so sorry to say that this business is scary and we are not in control of our outcomes. We can influence them as best as we can.

It’s a little bit like raising children, you just don’t know. And anyone who tells you they know is lying. These people are — and what numbers? What are they — what possibly can you pull out of a screenplay?

The whole point of it is that it’s exciting and has this weird mystical interconnection between movie and audience. The script itself is not the movie, so you can’t tell from the script. And these people are stealing other people’s money, and it’s making me crazy.

**John:** Right. Since there are so many factors to tackle this on, so let’s talk about the script, and sort of like, basically they’re talking about breaking down a script and finding the things that work and the things that don’t work.

Fundamentally, those are always going to be qualitative characteristics. Unless you’re talking about like the number of words per page, or the number of pages of the script, I mean, all of these things, they’re going to be qualitative. Things like, you know, what is the act break? Well, three smart people can disagree on what the act break is. Are there four jokes on this page or two jokes on this page? Well smart people can disagree.

So you’re relying on human fallibility to, or human opinion really, to determine which of these boxes get ticked in which ways.

**Craig:** Right.

**John:** That is an inherent issue that nothing in their materials made clear how they’re making those decisions about what the actual stuff in the screenplay is.

**Craig:** Yeah. They’re not waving some kind of Geiger counter over this. It’s not what we call observable fact. It is intuitive judgments that they then assign facts to. Well, those aren’t facts. You can’t rate that. It’s ridiculous.

Furthermore, what they’re comparing the screenplays to are movies. Let’s be honest, right?

**John:** Yeah.

**Craig:** They look at a screenplay and they say, “Well, this screenplay has the following elements that have succeeded in these movies.” Screenplays aren’t movies. If you want to really do your data baloney nonsense, go to movies that have succeeded, then go back, find the screenplays. Not just one, all of them.

**John:** To be fair, I actually did look at the website, and they do do that.

**Craig:** Okay.

**John:** They’re trying to compare screenplays to screenplays.

**Craig:** Okay. So they go back to which screenplays? The final shooting script? It doesn’t work. Doesn’t count.

I assume that’s what they’re doing. That’s baloney. No. To be properly predictive, you have to go back to the first draft or to the pitch or to the spec.

**John:** I think it would be fair to go to the draft they put in production, whatever draft you green light.

**Craig:** Okay, fine. Then that, even that. But they don’t have access to that. They don’t. Because as you and I both know, things change constantly. And then of course there’s editing and all this other stuff. It just doesn’t work.

**John:** Nope.

**Craig:** It doesn’t work. And on top — even if they had all the information, if they had every single word that was written, it still wouldn’t work. And here’s why. Because movies are not controllable. That’s the big secret.

Remember — did you see that movie, Nixon, the Oliver Stone movie?

**John:** Yeah, I did see it.

**Craig:** There’s this point where Nixon is, I think he’s at the Lincoln Memorial and he gets into a debate with these hippies who are yelling at him and saying basically the whole thing is his war machine and you’re not even in control of it. [laughs] And he gets into his limousine, he’s like, “She’s actually figured it out. The truth is, I’m not in control. None of us are. We’re just kind of holding on to this thing that’s galloping out of our control.” That’s a movie.

So you can run this all through your software. Here’s what the software doesn’t account for. Robert Downey, Jr doesn’t want to say those lines. That’s it. Software done.

**John:** So let’s check another vector of why this is so problematic. Let’s talk about Ryan Kavanaugh and Relativity.

So Relativity, it was a company that financed a bunch of movies. They ultimately started making their own movies. And the pitch behind Relativity was always, if you saw the articles about Ryan Kavanaugh, the charismatic CEO of it, was like we have our own software that makes it so we can’t lose money. And then they actually proceeded to lose a bunch of money.

So they’re not the first people to ever come up with this idea of like we can predict what’s going to work and what’s not going to work because we have software, except that it didn’t work.

**Craig:** It’s just, I’m tempted to call it arrogance, but I don’t think it’s arrogance. I actually think it’s just a crafted lie. It’s just very clever people who see an opening and an opportunity. And the opening and the opportunity is a bunch of scared executives who are desperately trying to figure out why things work and don’t and how to keep their jobs for God’s sake because they have children in private school and they have mortgages. And these people come along and throw them a life preserver. The problem is the life preserver is made of lead.

**John:** Yes. So I want to talk about what’s actually useful or meaningful about this kind of work, which is that, studios already — every studio in town already has a department. They have people whose job it is to find comps.

And so as they’re looking at like, do we make this movie or do we not make this movie, they have a whole department whose job it is to figure out how much can we anticipate making on this movie, in this market, and that market, and that market? And basically like, is this a smart investment for us or not a smart investment for us?

That’s kind of fine. And I don’t fault a studio for doing that because if the studio is saying like, “I don’t know how we’re going to possibly make money on this movie,” that’s a reasonable reason not to make that movie.

**Craig:** Sure.

**John:** The challenge is it can be so hard to find a comp for a certain kind of movie. So I was talking with Andrea Berloff for Straight Outta Compton, when Universal — I think it was actually Warner Bros. before Universal had it, they were trying to figure out like what comps to compare Straight Outta Compton to. And they’re like, “Well, is it Get on Up, the James Brown bio pic?” Well, of course it’s not that, but that’s the comps they had because there hadn’t been a movie like Straight Outta Compton.

And that’s the truth about most movies unless you’re making a low budget horror movie or a certain kind of mid-range comedy. It’s very hard to find a template that’s going to fit what this movie is you’re thinking about making.

**Craig:** And then the sick thing is that what they’ll try and do development-wise is force the movie toward a comp —

**John:** Yep.

**Craig:** Which is the stupidest thing of all. Now they’re literally making movies to feel comfortable in their data nonsense.

**John:** Yeah.

**Craig:** Some movies you just have to say, “This doesn’t have a comp.” That’s the point. That’s the point. “You know what? Let somebody else use our movie as the comp. We’ll be the new comp.”

Now, you could say Straight Outta Compton is a comp for other things. But until you have somebody say, “I’m just going to make this movie because I think it’s good and I think people are going to like it and enough with this comp baloney,” all that stuff really is, is them arguing to somebody that there is a science behind what they do. But this is a fact. I’m now giving you a fact. All of you, there is no science behind what they do. None. All of this, whether it’s from the outside people or from their own internal departments, all of it is designed to make it appear as if there is a science. There is not. That’s that.

**John:** So we’re going to ask Alex who wrote in about vaginosis. We’re going to ask Alex to put this in the follow-up file to make sure we do come back and look at Scriptbook in, I don’t know — do you give it a year, like two years, whether that still is a company that exists?

**Craig:** I mean they’ve all — we’ve given them all loads of time and they’ve done nothing. [laughs] Nothing.

**John:** Nothing.

**Craig:** No, nothing. I think Nadira — Nadira? My dear Nadira, if I were you, I would figure out a way to pocket as much of that million dollars as I can because no, this is not going to work.

**John:** I don’t think so either.

All right. My bit of umbrage this week is sort of related. It comes from an article by Todd Cunningham in The Wrap. Before I say the headline, I know that writers often don’t get to pick their own headlines and so we have to sort of discount any headline as being sensationalistic because it was probably editor that did it. But anyway, here’s the headline, “Box Office Shocker: Movie Reviews Matter in 2015.” That’s the headline.

So here’s the actual meat of the article. Cunningham says that 12 of the top 15 movies this year were well-reviewed by critics. And he says, “Not one of the year’s Box Office bombs had more positive reviews than bad.” This doesn’t seem shocking at all. So he says it’s a growing trend because critics liked 9 out of the top 15 movies in 2010 and 10 out of 15 movies in 2012. He doesn’t say anything about the other years.

So the obvious thing that I was screaming at my phone as I was reading this on Twitter was correlation is not causation. It’s like basically you’re saying like, “These two things happened at the same time.” And it’s like, “Well, yes, maybe people like good movies.” That should be the headline for the thing. “People Like Good Movies.” And so if a movie is good and if it succeeds at the Box Office, it’s because people like it. And if it succeeds critically, it’s because critics like good movies, too.

There’s nothing here. And it drives me so crazy that so many words were spent making it seem like, “Oh, you know, we have to really worry about what critics think because they have a huge impact on Box Office.”

**Craig:** We are swimming in a sea of stupid today, my friend. I mean, the stupid on this burns so bright, so hard. Here, let me rewrite the headline for you. “Film Criticism Shocker: Film Critics Now Copying Audiences.” [laughs] I mean, so yeah, film critics are people and audiences are people, right?

**John:** Yeah.

**Craig:** Sometimes film critics hate a particular movie and audiences seem to love it. I’m personally familiar with that syndrome. [laughs] Sometimes film critics love a movie and audiences are like, “Yuck.” Sometimes, there’s overlap. In this case, the weird cherry-picking here has led this guy to believe that there is a significant overlap all of a sudden. [laughs] That the overlap is meaningful, and the overlap is in one direction and not say film critics finally going, “You know what? Maybe we should adjust our tastes to what people generally like.” It’s nonsense. You can’t draw any conclusion from it, whatsoever. This is stupid. The stupid grows by leaps and bounds.

Here’s another fact, another fact for everyone out there. Anytime people start talking about movies and statistics, you should just start getting pre-angry because stupid is almost surely going to follow.

**John:** Yeah. And possible conclusions will be drawn out of that supposed data.

**Craig:** Crazy, just crazy.

**John:** So two of the examples he cites were Fantastic Four and Terminator Genesis, both of which tanked and both of which got bad reviews. The reality is everyone knew those movies were going to tank before they tanked. The tracking on those movies in the weeks leading up to them was low. People seemed to sense that these were not good movies and they were correct.

And so while I do think it’s true, and that you could probably study this, is that word spreads about bad movies faster because of Twitter and social media and Facebook and everything like that. That’s not critics. That’s just people being people.

**Craig:** Yeah.

**John:** And so it’s a slightly faster version of what’s always happened. And it’s maybe harder to hide a bad movie for very long, which I think explains why movies can drop off so quickly and especially bad movies can drop off so quickly, but that’s not critics. It’s just reality.

**Craig:** It’s just reality. And first of all, we don’t even know if these movies are good or bad based on these things anyway. So a Box Office bomb doesn’t mean you’re a bad movie. There have been famous Box Office bombs that are amazing movies. Blade Runner was a Box Office bomb, was it not?

**John:** I think it was a disappointment at least.

**Craig:** Yeah. I mean, so that in and of itself doesn’t mean good or bad. But yeah, it seems to me like a company puts a trailer out for a movie, people watch the movie, they go on Twitter, they go bananas in their hatred of the trailer, and every film critic is on Twitter going, “Well, I’m pretty sure I’m going to hate this. Everybody else seems to hate it. I’m not blind and deaf, you know.”

**John:** Yup.

**Craig:** So here’s a new headline for Todd Cunningham’s article, “Movie Critics Reading Twitter.” [laughs]. Stupid.

**John:** Stupid.

**Craig:** So stupid.

**John:** Yeah, it’s not great.

**Craig:** Come on, Todd.

**John:** All right. Next topic. The WGA sent out a list of proposed constitutional changes to its membership.

**Craig:** Yeah.

**John:** There are three things in the constitutional changes. Craig and I have not discussed them whatsoever, so I don’t even know what Craig’s opinions of these things are.

**Craig:** Exciting.

**John:** Yeah. I will tell you that on the day this podcast comes out on Tuesday, January 19th, there’s an informational meeting. So if you’re a WGA member who wants to informationally meet about these things, it’s 7 pm at the 3rd and Fairfax main building in the conference room.

**Craig:** No one is going to go there.

**John:** No one is going to go to that.

**Craig:** That meeting is constitutionally required and nobody ever goes.

**John:** Obligatory. So let’s pretend we are at this meeting and we’re having this discussion. [laughs] There are three things that are being proposed, three amendments.

**Craig:** Yes.

**John:** I will start from amendment three and work my way back to amendment one which I think is the reason — the only one we’re going to have disagreement on.

**Craig:** Yes.

**John:** Amendment three, reducing the number of signatures that a candidate needs to be nominated by petition. So essentially, if you are going for the Board of Directors, it reduces how many signatures you have to get on your petition or your application, whatever you want to call that to be considered.

**Craig:** It used to be 25 signatures, now it’s 15. Obviously, those 10 signatures are going to really make a difference — I mean, come on, who cares? It doesn’t even matter. Like if you need 25 signatures in today’s day and age with social media and you can’t find 25 signatures, it means you can’t find one signature. It literally means your mom won’t even sign it. So 25, 15, 1, who cares? If you want to run for the Board and you’re a member in good standing, just go ahead and run.

**John:** Yeah, go ahead and run.

**Craig:** Yeah.

**John:** Amendment two, reducing from 16 to 12 the number of candidates the Board Nominating Committee is required to nominate. You and I have both served on the Board Nominating Committee so this is — basically, every time there are like eight seats open, we have to get 16 people to run for those seats and that can be challenging. So what is your feeling about reducing this number?

**Craig:** It’s a little bit of a mixed bag, but I get it. I mean, what ends up happening is the nominating committee will put forward 16 candidates, some of whom are legitimate and have a shot and are good, and some of whom are just either cannon fodder or we just need to fill out the spaces, you know?

The problem with reducing it is just that there is a sense that if you’re not nominated by the committee you’re not a real candidate. But I don’t think that that’s the way the directional arrow works. I think it’s more that it’s people who are legitimate then ultimately end up getting nominated by the committee, not vice-versa. People that you know have a lot of support, have stature, and are likely to get elected are then people that the NomCom will always nominate.

So I don’t see reducing the burden on the nominating committee so they’re not stuck, it’s not a bad thing. I don’t have a problem with that. I mean, if the nominating committee puts out — what is it? Instead of 16, what is it down to?

**John:** 12.

**Craig:** 12, and nobody else runs on petition, so you have 12 candidates for eight seats. I’m okay with that.

**John:** Yeah, I guess I’m okay with it too.

Having been the person who had to twist some arms to get people to run, I know, it’s this weird thing where like — you don’t actually say this, but like, “Would you please run? Because I promise you won’t get elected.” Which is the weirdest thing, but like sometimes you are throwing some people in there just like — just to fill stuff out. And when those people don’t get elected, they’re sort of relieved not to get elected. And that’s not really good for anyone either.

The only thing I would say that is good about when you have to find 16 people is like sometimes it makes you think past your obvious choices and like — I’ve had to go really deep and like, “What writers do I know who actually I think could maybe do this job? And I’ve reached out to people who I haven’t talked to in years to try to get them to run and they’ve thought seriously about running.” So that could be a good thing.

**Craig:** Yeah, I agree. I don’t think that this rule will change much, to be honest with you. I think that the — for instance, the nominating committee that you and I are both on, I feel like we actually nominated more people than we had to.

So a lot of people want to run. I think, you know, if somebody comes in and says, “Look, I got the 15 signatures, you want to nominate me?” “Yeah, sure.” The truth is the voting population, they have no clue who gets — it doesn’t really matter.

**John:** Nope, it doesn’t.

**Craig:** Yeah.

**John:** Finally, amendment one, increases from two to three years the length of the terms of the board members and officers and modifies the election cycle and term limits provisions accordingly.

**Craig:** Right. So this one, I’m not such a big fan of. Everybody serves for two years. On the Board, everybody serves for two years as an officer. Here is the value. The value is, well, A, fewer elections. The value is that once they begin this thing, it’s set up in such a way that there won’t be an election during a negotiation year so you’re not having elections conflicting with the, you know, membership votes on contract.

It provides more stability for staff. They don’t have to wonder like, “Who’s going to be president, you know, in two years?” They can wait maybe there’ll be a new president in three years. Because that’s a whole thing for them like —

**John:** Yeah, sure.

**Craig:** You know, whose in-charge of this place, and that’s fine.

Here’s what I don’t like personally. I don’t care that it’s annoying to have elections during contract season. Tough. I don’t like the idea that we’re going to get — look, here’s what it really comes down to. There are two types of union politicians for writers. There’s the kind that is dynamic and wants to change things and has great ideas and is positive and has skin on the game and is aware of what’s going on in the world. And then there is the kind that is just bored and looking for something to do and really likes sitting in a room making “decisions.”

There have been a ton of bad, bad Board members and some bad officers as well. And frankly, there’s more bad ones than good. I don’t know how else to put it. And the idea of extending the lifespan of some of those terrible ones just makes me, ugh, I don’t like it.

**John:** Yeah. To me, it comes down to the question of quality of candidates as well. And I think that sometimes you’re able to get really great people to serve for two years that wouldn’t be willing to try to serve for three years, and that’s just the reality. And so I would rather have to vote one-and-a-half times more often and get good people in there and get bad people out of there than to have people in there for three years.

**Craig:** I totally agree. I don’t mind reading the pamphlet once a year for eight Board candidates. I don’t mind reading the pamphlet once every two years for officers. It’s hard for me to go to a working screenwriter and say, “I need a three-year commitment from you.” Two years is hard enough, you know.

So where you’re going to end up is you’re going to end up with moving our system, I think, closer to what you see like, I don’t know, with the jury system where it’s a lot of retirees or people that don’t have quite as much going on. Because, you know, people who are busy just can’t commit to three years. They can’t.

How do you say to a writer/director or writer/producer or a writer that’s getting stuff made, “I need you for three years?” “Well, there’s, I don’t know, a 50 percent chance that I’m going to be on location for a chunk of time in the next three years, how can I agree?” It just doesn’t make sense. I don’t like it.

I’m not going to vote yes on that one. I got to talk to some people — I got to find out like what — I want to talk to Billy Ray about this and find out like why this is necessary. It just feels dumb to me.

**John:** I think Billy Ray is an example of a kind of person who you do want to keep around for longer. I mean, as long as you can have Billy Ray on the Board, you’d be delighted to have it. He’ll get termed out more quickly because of — if this doesn’t change.

**Craig:** Yeah, but here’s the thing, Billy, yes you’re right. But there’s so many more bads than goods. And the good ones —

**John:** Agree.

**Craig:** Can influence things regardless. Billy can be the chairman of the negotiating committee forever.

**John:** Yeah.

**Craig:** He doesn’t have to be a Board member to do that. Well, he could be the co-chair or the effective chair. I mean, my point is there’s other ways. And frankly, we need new people anyway. We can’t just have Billy do it over and over and over again.

**John:** Agreed. Let’s talk about Negotiating Committee and sort of negotiations and trying to schedule in a way so that we don’t have an election during a possible negotiation. To me, it feels like negotiation isn’t really that time where we’re sitting in a room opposite the other people, it’s really that year leading up to it.

It becomes so long. You don’t really know sort of when the bulk of that work is going to be anyway and when the strategy and planning for that is going to happen. So I think, yes, you don’t want to change horses mid-stream, but like that’s — the stream is so wide now that you have to change horses at some point. And I don’t think it’s going to really matter whether it’s a two-year or a three-year thing.

**Craig:** No, I mean, the idea is that if you have — if I were Patric Verrone, I would love this idea, right? So I can be president for three years. I’m guaranteed to both run the lead up to negotiations and the negotiations and the aftermath of the negotiations and I cannot be interrupted.

**John:** Yep.

**Craig:** So it puts way more power in the hands of the president. Way more power in the hands of the president. And frankly, less power in the hands of the Board as I see it, because it also puts more power in the hands of the executive director. Because if the executive director and the president are close, as is often the case, then the executive director — the one bit of leverage that the civil oversight has in our guild is that you can fire the executive director, which we have done.

**John:** Yeah.

**Craig:** If you got, you know, a friendly president, that’s three more years of job security. If that guy can run again, usually incumbents win, and now you’ve got six years of job security. It’s too much job security.

**John:** Yeah.

**Craig:** It is. I don’t like it.

**John:** I don’t like it either.

All right. So that was our quick take on these things. Again, you could go to the meeting or you could also just read other people’s follow-up. There are arguments, of course, in favor of all these things. And so, you’ll get the packet and you’ll be able to look through why they did what they did, and why they’re proposing these things.

**Craig:** Yeah.

**John:** Cool. All right. Our last bit is some craft stuff which has been saved up for, god, many, many episodes. But I want to talk about character names, not basically how you pick character names but how you tell the audience what the names of the characters are. Because in a screenplay, obviously you’re reading it, obviously you know all the characters’ names because you’re reading their name above every bit of dialogue. But if you’re watching a movie, you don’t necessarily know what the characters’ names are. And sometimes, that’s fine.

I was thinking back through my own movies and in the middle section of Go, the characters that James Duval and Breckin Meyer played — Breckin plays a character named Tiny. James Duval’s character’s name is Singh. You wouldn’t really know it in the movie because no one ever calls them by name, and it’s fine. But in other cases, it really is very important that you know who the character is because people are referring to a character who is not even on screen.

So I want to talk through the ways you can introduce the names of characters to an audience who’s just seeing the movie and who’s not reading on the script.

**Craig:** Great idea.

**John:** Cool. Easiest way to do it is simple introduction. There might be some reason why a character introduces himself to another character. So, in Go, Burke says, “Hey, I’m Burke.” And Ronna goes, “Ronna.” And therefore, you’ve established Burke’s name and you already knew what Ronna’s name was. But that’s the simple way to do it.

**Craig:** And these things do happen. They don’t happen frequently. In life, when people meet, usually somebody’s introducing you to somebody or — but you know, occasionally, people — you’ve probably had that experience where you’re talking with somebody on a plane or something. I mean, I don’t talk to people on planes, ever, but maybe you do. And after 10 minutes, one person finally goes, “By the way, John.” And the other person goes, “Oh. Craig.”

**John:** Yeah.

**Craig:** That can happen. I mean, people do introduce each other.

I see in — a lot of times I’ll read screenplays where people are just introducing each other. They’re just shouting each other’s names out almost like they have Tourette’s. It’s crazy. So you just got to be careful that it doesn’t feel forced and stupid.

**John:** Yeah. It should only be a situation in which it would naturally would come up. And if it all feels forced to do it, I would say, don’t do it.

The next most natural way to do it or common way to do it is just the simple question and answer where someone asks another character what their name is and they reply. And therefore you’ve established the names.

So in the last Star Wars, the question is like, “Oh, what’s your name?” And he says, “FN2817.” “I’m going to call you, Finn.”

Okay. You’ve just established the character’s name, and it’s actually a plot point. Like, we don’t — this character didn’t have a name and he’s now been given a name. And for the rest of the movie and for the rest of the franchise, his name will be Finn because of this scene that happens in a tire fighter.

**Craig:** Yeah. Very cool. Giving somebody a name is a great way to learn somebody’s name, for sure. But it doesn’t come up often. I guess what’ll underlie a lot of these suggestions is just as we’re constantly looking for ways to vary exposition or make it gentle or elegant, we do the same thing with names. We’re always looking for these little tricks of ways to not just — not feel like the record needle is skipping.

**John:** Yep. Third way. Character A calls character B by name. And so it’s that thing where in talking with somebody, you use their name and that’s how a name comes out. And so that’s the “Damn it, McGonagall” way of establishing who somebody is in the scene by having another character say their name aloud.

**Craig:** This is the one that is the hardest to pull off well.

**John:** Yeah.

**Craig:** Because generally speaking, we don’t say the other person’s name when we’re talking to them. If I’m talking to you and I know you, we presume that we know each other’s names. It’s so rare for me to say, “You know, John.” “Oh, you know what I think, John?” [laughs] It just — it doesn’t — we don’t do it that much.

**John:** You do it more often if there are multiple people talking where you actually have to direct something to somebody, then you might use their name to pull their attention back. Or pull their attention if they’re doing something else. You might say, “John, look at this.”

**Craig:** Yes. And where I think that we probably the great majority of times we say somebody’s name is when we’re talking to a different person about them.

**John:** Yep.

**Craig:** This is, I think, the easiest way to introduce names is for somebody to look at somebody else and go, “What’s with John?” “What’s with her?” “Did you hear about John?” That sort of thing generally helps.

Of course, the other way of introducing characters’ names is to introduce it, well, we’re going to get to that. That’s the last one. I don’t want to give it away.

**John:** A version of what Craig just described is that sense of like you refer to somebody by name who you’ve not met yet. And then, generally, in the next scene, you meet that person. So you’ve established the expectation of going to — that you’ll meet this person and then you actually see the person.

So in Go, that’s the conversation about the skipping over to Simon to by the drugs. They say like, “Oh, I don’t need Simon, I’m going to Todd.” And the question, “Todd Gaines?” And in the next scene like, we’re at Todd Gaines’ apartment. And that sort of establishes like “Oh, his name is Todd Gaines.” And that’s useful and helpful.

**Craig:** Yeah.

**John:** The final way is to literally show the name like to have it printed out someplace. So classically on a door, a mysterious slip of paper, there’s something with a name written down which will become important.

**Craig:** Yeah. You see this all the time. Look, here’s the truth of this — it’s funny. On the script that I’ve written for Lindsay Doran, after I don’t know how many drafts, she said, “You know, we never hear this character’s name.” I was like, “Oh. Well, I guess we’ll have to figure out a place to do it without seeming clunky.”

The truth is, a lot of times when I watch movies, I think, certain characters, I don’t need to know a name because they’re personality is kind of their name, you know, if they’re side characters. So I wouldn’t obsess over name stuff. But obviously, for your main characters, you just have to figure out how to work it in without seeming clunky.

**John:** Absolutely. And so while you’re working it in, particularly for your main characters, it’s important enough that you find a good way to do it naturally early on because, I think, if it’s a main character who I don’t know their name for like 20 minutes, I get really kind of frustrated. And something bubbles up that says like, “Hey, wait. I don’t even know who that character’s name is. I don’t have like a box to put my information about that character in.”

For minor characters, I agree. Sometimes it’s not even worth worrying about because any chance to like really force that out is going to feel weird. Ask yourself, you know, if the audience never knows that character’s name, will it impact their enjoyment of the movie?

**Craig:** Right.

**John:** If the truth is it doesn’t, then it just doesn’t.

**Craig:** Exactly. It just doesn’t matter. It’s like, you know, it’s funny. We always watch The Ref. Every Christmas, I watch The Ref with Melissa because we love it. And Christine Baranski, I can never remember her character’s name and it doesn’t matter. She’s crazy screamy aunt something. [laughs] Like, you know, that’s — she’s just great. And so it doesn’t matter what her name is. I just know that she’s the sister and she’s crazy.

**John:** Yeah.

**Craig:** Yeah. Sister-in-law and she’s crazy.

**John:** Yeah. Cool. All right. I think it’s time for our One Cool Things.

**Craig:** All right.

**John:** My One Cool Thing is called Ghost Streets of Los Angeles. It’s a blog post that looks at Google satellite imagery of streets in Los Angeles. And what you’ll notice if you sort of zoom in and zoom out, there — most of Los Angeles is on a pretty clear grid. But there’s sometimes, there’ll be weird buildings that are, I don’t know, strange diagonal and you can sort of follow that diagonal. Even though there’s not a street there, it feels like there’s this weird diagonal throughout Los Angeles in different places. And those are because there used to be streets there.

And so what this blog post is doing is it’s looking at some of these ghost streets that are no longer existing streets but used to be streets and how they’ve changed the property lines of different buildings. And so you can see sort of — you we can basically follow where there used to be streets that are no longer there.

**Craig:** That’s creepy.

**John:** It’s actually kind of cool.

**Craig:** It’s creepy.

**John:** Creepy. And it reminds me sort of in screenwriting, a lot of times, you’ll see a movie and you’re like, “Why is that thing there?” It’s because of like a much earlier draft. There’s a reason why that was there. And like the underlying causes are not there anymore, but you still see like the echo of a previous draft being in there still.

**Craig:** Right. A ghost scene.

**John:** Cool.

**Craig:** Exactly. Okay. That’s interesting. Well, my One Cool Thing is One Sad Thing.

**John:** Yeah.

**Craig:** Vilmos Zsigmond, the great cinematographer, passed away on January 1, 2016. Which in a way is kind of — if you’re going to die, die on the first of a new year just so you get that extra year on your grave stone.

**John:** Sure.

**Craig:** So he was the cinematographer behind these incredible movies, most of which dominated the ’70s. He was very — I was thinking of his movies and his work as being very ’70s. McCabe and Mrs. Miller, Deliverance, Close Encounters of the Third Kind, The Deer Hunter, Heaven’s Gate, Blow Out.

And you know, there’s that period of ’70s movies that we, you know, all cinephiles kind of adore. And I always think of him when I think of those because he was this uniting piece across all these incredible directors like Robert Altman and Steven Spielberg and Michael Cimino. And he had this — all of it’s wizardry to me.

I don’t understand cinematography. I mean, I understand what I see, I just don’t understand how they do it. So it’s kind of fun to watch them and not know what the hell they’re doing.

**John:** When you’re on the set and you see them like setting flags and cutting — I just have no idea what they’re actually doing. And like, they’ll spend like five minutes like tweaking things. I just don’t understand what they’re doing.

**Craig:** I have no idea. I don’t know what — I honestly don’t know what stops are. [laughs] I don’t know —

**John:** I know what stops are.

**Craig:** Okay. You know what stops are. I don’t. I mean, I know the difference between long lenses and wide lenses, but I don’t understand all the other stuff they’re doing back, all of it. I don’t get it.

But there was something about — so Zsigmond, he had this style that seems so real in the sense that movies, you know, can be very candy-coated. They can be very glossy. They can look like movies. They can have that shine to them. There was something about his cinematography where it always just looked like I was actually there.

**John:** Yeah.

**Craig:** It was drab in a beautiful way. It felt like naked eye to me. He was so good at that and it was so perfect for that time and those movies. I mean, McCabe and Mrs. Miller was, you know, didn’t want to be like those —

**John:** Yeah.

**Craig:** You know, old westerns or something. It wanted to look like that, like you were there. So a big fan of his. Sad to see him go. And so, adieu. Adios.

**John:** Adieu. Great. Craig, it was nice to have you back on the show.

**Craig:** Well, thank you.

**John:** It’s so good to — it’s good to be back in our normal environments here.

**Craig:** Yeah.

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

**Craig:** Yeah.

**John:** It’s edited by Matthew Chilelli. Our outro this week is by Mary Webb. If you have an outro you’d like us to play at the end of our episode, you can write in with the link to ask@johnaugust.com. That’s also the place to send questions like the ones we answered at the top of the show.

On Twitter, I’m @johnaugust. Craig is @clmazin. If you want to come to our live show on January 25th with Jason Bateman and Larry Kasdan, you can probably still get tickets at hollywoodheart.org/upcoming.

If you would like to leave us a comment in iTunes, we would much appreciate it. That helps people find the show. Just search for Scriptnotes in iTunes.

**Craig:** Yeah.

**John:** And that’s our show for this week.

**Craig:** Awesome.

**John:** Craig, thank you so much.

**Craig:** Thank you, John.

**John:** Bye.

**Craig:** Bye.

Links:

* [Mexican Coke](https://en.wikipedia.org/wiki/Mexican_Coke), [New Coke](https://en.wikipedia.org/wiki/New_Coke) and [the history of Coca-Cola](https://en.wikipedia.org/wiki/Coca-Cola#History) on Wikipedia
* Bacterial vaginosis [at the Center for Disease Control](http://www.cdc.gov/std/bv/stdfact-bacterial-vaginosis.htm) and [on Wikipedia](https://en.wikipedia.org/wiki/Bacterial_vaginosis)
* [Vaginal douching](http://www.webmd.com/women/guide/vaginal-douching-helpful-or-harmful) on WebMD
* [Scriptnotes, 112: Let me give you some advice](http://johnaugust.com/2013/let-me-give-you-some-advice) and [Dear J.J. Abrams](http://www.dearjjabrams.com/)
* [Star Wars: The Force Awakens](http://www.boxofficemojo.com/movies/?id=starwars7.htm) on Box Office Mojo
* [Get your tickets now for Scriptnotes, Live on January 25](http://hollywoodheart.org/upcoming/) with [Jason Bateman](https://en.wikipedia.org/wiki/Jason_Bateman) and [Lawrence Kasdan](https://en.wikipedia.org/wiki/Lawrence_Kasdan), a benefit for [Hollywood HEART](http://hollywoodheart.org)
* [ScriptBook](http://scriptbook.io/) and [The startup story of Scriptbook](https://www.youtube.com/watch?v=COOQU-8S_yM)
* [Box Office Shocker: Movie Reviews Matter in 2015](http://www.thewrap.com/box-office-shocker-movie-reviews-matter-in-2015/) from The Wrap
* [WGA Asks Members To Amend Guild’s Constitution](http://deadline.com/2015/12/wga-members-considering-guild-constitutional-amendments-1201673993/) on Deadline
* [Ghost Streets of Los Angeles](http://www.bldgblog.com/2015/12/ghost-streets-of-los-angeles/) on BLDGBLOG
* Vilmos Zsigmond on [Wikipedia](https://en.wikipedia.org/wiki/Vilmos_Zsigmond), [IMDb](http://www.imdb.com/name/nm0005936/) and [remembered in Variety](http://variety.com/2016/film/news/vilmos-zsigmond-dead-dies-cinematographer-1201670799/)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Mary Webb ([send us yours!](http://johnaugust.com/2014/outros-needed))

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 CaÅ„ada, 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).

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