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Scriptnotes Transcript

Scriptnotes, Episode 473: I Regret My Quibi Tattoo, Transcript

October 31, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/i-regret-my-quibi-tattoo).

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

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

**John:** And this is Episode 473 of Scriptnotes. It’s a podcast about screenwriting and things that are interesting to screenwriters.

Today on the show short-form video company Quibi becomes short-lived video company Quibi. We’ll talk about what happened and prognosticate wildly about the future of the entertainment industry. Not based on data, just random hunches.

Plus, we’ll answer lots of listener questions. And, in our Bonus segment for Premium members we’re going to discuss scary movies like actually scary movies, not the spoofs that Craig wrote.

**Craig:** Not the spoofs that Craig wrote. By the way, I like that you’re saying that we’re going to prognosticate wildly based on hunches rather than data as if anyone else doesn’t do that. That’s all anyone does. They just wildly prognosticate.

**John:** Yes. But I would say in a blog post I might try to throw some numbers at it to actually sort of pretend that there’s evidence behind this. But that’s not – on a podcast we don’t talk about numbers. We just talk about opinions.

**Craig:** Lies. Damn lies and statistics.

**John:** That’s all we have for you here today. We have crucial follow up because on last week’s episode we asked our listeners what should replace the Slinky Movie as the placeholder for that ridiculous movie that is being based on IP that really should not become a movie. And so people wrote in with their suggestions, but I also did a Twitter poll. So, the poll I posed were Magic 8 Ball, Silly Putty, and Lincoln Logs. And so we talked about Magic 8 Ball. That came in second at 35%. Silly Putty was the winner at 37%. Lincoln Logs a mere 27%. But then it turned out that Magic 8 Ball, we couldn’t even use that because there is genuinely a Magic 8 Ball Movie in development.

**Craig:** Of course. From the description that you have shared with me from Variety it appears that what we said it would be is exactly what it is. [laughs] That’s pretty great. That’s pretty great.

**John:** There’s a Blumhouse version of this which seems to be like a horror kind of thriller thing. Probably a Monkey’s Paw element. But a lot of our listeners wrote in saying like “Don’t tell anybody but I pitched on the Magic 8 Ball Movie because it’s been at various places at various times. And one person shared the brief they got before they went in to pitch.

**Craig:** Oh.

**John:** And so I’ll read a little bit of this.

**Craig:** Yes.

**John:** So this says, “Using the Magic 8 Ball is a jumping off point for a movie. We’d like to follow the classic Amblin model. Something incredible happens and at first it feels like magic and is exciting, then shifts to real stakes and real danger. It starts fun, then gets crazy, and someone has to fix it. Here’s the kernel of an idea. The original Magic 8 Ball was actually an occult item with arguably real powers. It was hidden away but became the foundation for the toy we know. When someone finds the original prototype and asks the wrong question it sets into motion a fun action-adventure investigation into the mysteries of the occult. Inspired by the great myths of the world that we’ve seen depicted around the globe since ancient times, the Magic 8 Ball and our heroes attempt to explain the unexplainable.”

So that’s kind of a Jumanji to me.

**Craig:** Oh god. So here’s what happens a lot. It does seem like when people are trying to present writers with their general hope what they’re saying is what if you took this thing that no one should make a movie about and instead made a good movie. Like you know how they made ET and ET was a good movie and it was based on the thing that no one had ever heard of? Let’s do that but let’s base it on something that everyone has heard of that no one has any emotional investment in whatsoever. In fact, it’s generally viewed as disposable junk, detritus of childhood. Something that gets left behind or rolls into the back of your closet because it doesn’t matter. Because it’s stupid. [laughs] Let’s do that. But let’s make it as a classic Amblin movie.

And I just think you know what makes classic Amblin movies classic? Not making them about the Magic 8 Ball. Just going to go out on a crazy limb there.

**John:** So let’s talk for a moment about why the idea of a Magic 8 Ball Movie or any of these things that are based around IP, why we get approached with them. Because they have some brand awareness. The belief is like, OK, it doesn’t really have to be about the Magic 8 Ball, just we need to have that as the clutter-buster, the thing that we can put on a poster that people will recognize, but then actually we’re going to make a completely different movie that’s really a good Amblin movie. And there’s just inherent tension between there. You’re not going to be able to make that good Amblin movie if you are also stuck with this thing that does not want to be a movie.

**Craig:** Yeah. And we understand that there are two kinds of jobs that are out there. There are the kinds that we are selling to them and then there are kinds that they are selling to us. And it’s almost an entirely different business. There are certain restaurants you go to where you don’t know what’s on the menu at all. You get there but you’ve heard it’s good. And so you get there in receiving mode. I will look at this menus. Oh, look at all these interesting things. I think I’ll try this, and this, and this.

And then sometimes you’re like what do you guys want. Sushi. OK, let’s go get sushi. We are going to get it. They are receiving us. They will now give to us the thing that we want. And it should be like what we want. And that happens. And sometimes they’re sitting around and someone is like let’s make money off the Magic 8 Ball. We own it for some dumb reason and let’s do it.

And, you know, every now and then, look, you can do it well. Everything can be done well. The latest Jumanji version was done well.

**John:** Absolutely. And the Lego Movie. Transformers is not to my taste, but Transformers is a very successful movie franchise. And I think part of the reason why we keep seeing these things happen is because, well, somehow they made Transformers into a billion dollar juggernaut, so there you go.

**Craig:** Right. They did. Now Transformers seems like it’s – look, they’re robot trucks and they shoot stuff. I can see how you’d make a movie out of that. I mean, but it’s weirder when you get into like “we’re doing Checkers.” OK. So we’ve got flat colored discs.

**John:** So Transformers, they did actually have characters. They had names. They had some degree of personality. There was a nostalgia for a thing that existed before. It was not just the toy. There were things who could speak.

**Craig:** Right. There was conflict.

**John:** So let’s talk about the other contenders for our placeholder things, since we can’t do the Slinky Movie. And I should stipulate people think I’m ragging on the biopic about the Slinky Movie. I’m not. I hope that’s a really good movie. And the woman who created it and sort of got screwed over for it, I hope that’s a great story that they’re telling. The problem is we can’t say the Slinky Movie as a derogatory term because I want that movie to succeed. So that’s why we’re looking for a new placeholder. So people who thought I was slamming on the writer’s work who is doing the movie that’s based on the creation of the Slinky, I’m not. We’re trying to make it clear that it’s a whole separate thing.

**Craig:** Wait a second. Did you get undo criticism on Twitter? Did that – wait a second – on Twitter? Huh?

**John:** Yeah. Like people saying, “Way to slag on a writer.” I’m like who do you think I am?

**Craig:** Well, they think that you’re a person on Twitter, therefore hold them down, boys. Get me my hammer.

**John:** All right. So people have pointed out that on previous episodes we’ve talked about the Uno Movie as an example of a ridiculous piece of IP. So I think Uno is a high contender.

**Craig:** It’s still up there.

**John:** Other suggestions. Sudoku. Connect Four. Etch-a-Sketch. Trapper Keeper. Trouble or Sorry, which are basically the same game but one has a popper and I think feels like there’s higher stakes. Sea Monkeys. Hot Wheels.

**Craig:** Well they’ve tried Sea Monkeys.

**John:** And Guinness Book of World Records.

**Craig:** Hot Wheels they had in development and we know people that wrote on it.

**John:** I know people who wrote on that. McG was supposed to direct it one point.

**Craig:** That was a thing. And I get it. I mean, there are movies where like cars are running around, so I get it. That could work.

**John:** Time of Fast and the Furious.

**Craig:** Exactly.

**John:** It’s a car movie.

**Craig:** What I find fascinating about your poll is that it reflects this interesting phenomenon that occurs sometimes when – and it’s actually good news. You look at this and you go, well, no one really wants any one of these things. Roughly a third want the Magic 8 Ball, a third want Silly Putty, and a third want Lincoln Logs. So what does this mean?

What it means is that what we should be doing is more like the tomato sauce business where Prego offers eight different styles of Prego for everybody. Meaning we should have, this is this kind. Oh, do you want your dumb movie with a certain 8 Ball-ness to it? Or would you like a nice Silly Putty version. We should offer multiple versions.

**John:** Yeah. We should. Craig, I leave it to you, but my instinct is to go with Uno for right now because I don’t think there is an Uno Movie about to happen any time soon. And Uno to me is the right combination of like it’s just Crazy 8s but with branding on it. And that feels like the right placeholder movie to me. What are you thinking?

**Craig:** I like a movie where it’s an object, like a single object you can hold. And Silly Putty, by the way, somebody tried it at some point. I’m sure.

**John:** Because there was a Stretch Armstrong Movie for a long time.

**Craig:** I wrote a couple of drafts of that back in 1998.

**John:** Excellent. Or like Flubber. You feel like there’s a thing you could do with Silly Putty.

**Craig:** There’s a whole genre of stretchy, bouncy stuff.

**John:** So Pet Rock is one, but Pet Rock is not a strong enough brand.

**Craig:** It’s old school, too. I was thinking about – I was just looking at music yesterday and I do this all the time now. I don’t know if you do this. So, I was looking at the song, it’s from 1982. And I was thinking it could be in something that might come out in a couple of years and then it would be 40 years old. And I was thinking, well, in 1982 when I was 11, 40 years earlier was 1942.

**John:** Yes. Into World War II. Yes.

**Craig:** Right. Like songs from the 1942 era to me were like from another planet. They were as if someone had cracked open the tomb of Tutankhamun and a song had come out along with the dust and ghosts. And now I think like, oh, people will probably like that song. Wait, no, anybody who was my age then will have no idea what the hell it is. Maybe that’s good? I don’t know. But Pet Rock is even older.

So my daughter or your daughter hearing about Pet Rock would go, oh, so that’s like something from the ‘30s vis-à-vis when you were our age. We’re so old. [laughs]

**John:** Back then they must not have had money for stuffed animals, so they must have just had to paint eyes on rocks.

**Craig:** Yeah. Or glue the little googly eyes.

**John:** Oh yeah.

**Craig:** OK. So here’s my vote. And I think we can use, again, more than one. The Uno Movie is solid. I’m totally down with that. I think I’m going to go with Lincoln Logs. I like Lincoln Logs. Lincoln Logs because it’s so out of date. It’s so ancient. It was even old when I was a kid playing with Lincoln Logs. I think I inherited them from an older cousin. So, Lincoln Logs seems about right.

**John:** Sounds good.

We have more follow up. This is from a former Three Page Challenger. Craig, do you want to read to us what Mitchell from Toronto wrote?

**Craig:** Mitchell from Toronto writes, “My script, ATOM,” it’s all in capital, so I don’t know if it’s Atom or ATOM. What do you think, John? Probably Atom.

**John:** I think it’s Atom.

**Craig:** Atom. “My script, ATOM,” it could be A to M, “was read by Jeff Probst as part of your Three Page Challenge way back on Episode 269. You both seemed to enjoy the pages and were fairly complimentary of the writing. Craig compared it to Wall-E. I’ve since endured years of teasing and ridicule from former classmates, friends, and strangers. People yes, ‘That’s the Wall-E guy.’ Or, ‘Nice pages, Pixar,’ and it hurts my feelings.’

“But in all seriousness, having the pages read on the show was quite a boost. It was a tremendous surge of motivation. At the beginning it’s so hard to know if you’re doing things well, or if you’re just producing utter crap. So I rode that high and finished a draft that got me some attention. I flew down to LA for a week of generals and the experience was amazing. Telling the security guard on the Sony lot that I’m not with the tour and that I actually have a meeting was a surreal experience.

“I ended up meeting a young, hungry manager and whom I’m still working with today. And I can happily announce that the script has recently been optioned by a producer that I’m also very excited to work with. It’s been a long journey and admittedly I’ve spent more time on this script than maybe I should have. But appearing on Scriptnotes and hearing your feedback really gave me the courage to pursue screenwriting with confidence. So a big Canadian thank you for that.

“Also, if there’s time a good friend of mine who listens to your every episode on his daily drive is going to lovingly hate the following. Hi Aaron.”

We’re now doing shout-outs like Morning Zoo.

**John:** Absolutely. The call for your special dedication line. Mitchell, I’m happy for you. I’m happy that you finished that script. I’m happy that the feedback which was hopefully constructive sort of got you finished through this. It sounds like you’re doing the right things. You are continuing to write. You came down here for generals. Obviously you had generals scheduled before you got on a plane and came to Los Angeles. You met a manager who you like, who seems to have the same energy you do. And you’ve got this option. So, I hope things continue to go well for you, Mitchell.

**Craig:** I do, too. I’m really glad, first of all, that you wrote in because it’s nice for us to hear these things. It makes us feel good, too. Because this is what we want. It’s why we’re doing all this stuff. Because as you know one of us doesn’t get paid. [laughs] So at least that’s why I do it.

But mostly what I want to say to you, Mitchell, is because you’ve been working on this script for a long time by your own admission and because it’s now getting a lot of attention, you’re going to want to put even more of your eggs in its basket, which is fine. But if a script is a baby, I need you to have many more children. I want you to have the biggest family you can imagine. Which means that this child cannot suck up all of your attention. This is exactly the time you should be well into the next thing. Because everybody around you is going to be looking for that next thing, and the next thing, and the next thing.

And what makes John a professional or makes me a professional isn’t necessarily one script, or two, or three, but the breadth of them. It’s the churn. And through the churn you will get better and better and faster and faster. So love this script. Give it the attention it needs. Ride that wave. But that’s just one of about 20 kids you’re supposed to have.

**John:** Yup. So keep working on Atom, and great that it’s optioned, and you’ll learn a lot going through the process of working with the producers who have optioned this. That’s going to be great.

You are going to be pitching on the Uno Movie and the Lincoln Logs Movie.

**Craig:** Lincoln Logs is mine.

**John:** That’s going to be good practice for you as well. You’re going to figure out how do I do this thing. So do those, but don’t spend all of your time doing those because you have to write new things and new things that show the breadth of your talent and get people excited and give you more general meetings to go into because people have read your stuff and want to work with you. So, you got to do all of the things all the time.

**Craig:** Got to do all the things all the time.

**John:** Yup. So Craig this last week it was announced that the short-form video company Quibi is going to shut down or sell itself or somehow stop existing.

**Craig:** No!

**John:** And I’ve definitely been feeling guilty of something that’s not schadenfreude but it’s another word for that sense of like, OK, that was never going to work and I’m sort of happy that my expectation that it was never going to work has beared out. I mean, I’m not sure it’s–

**Craig:** It’s I told you so ism kind of thing.

**John:** It feels more like a French kind of term than a German kind of term.

**Craig:** Yeah.

**John:** And still I’ve met folks who worked at Quibi. The David Kwong event we had a zillion years ago I met folks who worked there who seemed so nice, and so smart, and lovely, and I’m sure they will succeed in whatever they’re doing. But Quibi just didn’t work and I didn’t think it was going to work.

**Craig:** Yeah. It didn’t work. And the only part of this that is even remotely pleasurable is just the sense that our understanding of how the world generally should work is kind of correct. Because this didn’t fit in with my – it’s like MoviePass. It just didn’t make sense.

**John:** No.

**Craig:** On its face you just said, “I don’t understand it. Maybe I’m a dumb-dumb, but I don’t get it.” And Quibi was kind of the same thing. In particular the part I didn’t get was the fact that $2 billion had been invested into this thing and when you looked at why what it came down to was people were investing in this belief that an executive had value.

**John:** Mm-hmm.

**Craig:** Worth $2 billion. And my feeling is that that’s not how it works. That these platforms are ultimately fueled by and supported by creators. And that you have to find these great creators. That’s who is going to hold up your building. So when Netflix or Hulu or Amazon or HBO or any of these places go out and spend all this money to get Shonda or Ryan Murphy or Dan and Dave or Greg Berlanti it’s because they understand these are the men and women who are going to be holding up their empire.

The empire is not going to be pulled up from the top by an executive who with his, I don’t know, with his slide decks and his pitches. It just doesn’t work that way. And I’m just blown away that anybody thought it did. It’s like they never read Hit and Run. That great book about how Peters and Guber just stole billions of dollars from the Japanese on their way to ruining Sony/Columbia.

[sighs] You could just see it happening.

**John:** Craig, did you ever talk with Katzenberg about it? Because I had a 45-minute phone call with Katzenberg about it. There wasn’t a slide deck, but I definitely got the pitch and from everyone I talked to they got the exact same pitch.

**Craig:** He must have known because I never got a call from anyone. And they must have smelled it in the air.

**John:** The pitch inevitably goes back to the Da Vinci Code. He’ll always talk about how the brilliant thing about the Da Vinci Code is that the writer broke the chapters into such small little segments that you read one, and then you read another, and you read another one.

**Craig:** Oh god.

**John:** So he always would reference the Da Vinci Code.

**Craig:** So stupid.

**John:** And that was his sort of organizing principle behind why it was short-form stuff.

**Craig:** That’s so dumb.

**John:** The initial conversation with him I asked about, OK, so they’re short, and they’re supposed to be on your phone, but are they vertical or are they horizontal? And it’s like they’re definitely horizontal. And that was one of the fascinating technological things that he went through is that weird pivot thing. It had to be shot for both ways.

And talking with folks who had to deliver content to them it was a nightmare apparently being able to seamlessly deliver both things. Because you have to sort of shoot in two ratios and have to – weird save things. All that stuff was interesting and fascinating, but when it came down to me trying to make a deal to do this. So this was a project I was going to be working on with a director who I really like and if we could have made it all work we would have made it work. But the money just wasn’t right for me. It just wasn’t going to be worth my time and my energy to do it.

And that ultimately is kind of the problem. For some of these creators, like the Ryan Murphys, the Shondas, you got to just roll out the big trucks of money and they didn’t have the trucks of money to roll out.

**Craig:** Because they didn’t think that that was – what they thought was that they had figured out the problem. So he read a book. Congrats. He read a book. Boy, he’s never going to call me now. And then he did what a lot of non-creative people do. They analyze and look for an interesting talking point that would be something they could use at a lunch to make other people who also don’t create things go, “Ooh, that qualifies as an insight. Like the reason that the Da Vinci Code was so successful is that the chapters were short.” No it isn’t. And there are enormous examples of books with long chapters that are even more successful.

Stephen King has built the most successful publishing business probably ever by writing books with chapters that sometimes seem to go on forever. Forever. Forever.

He’s wrong. That’s just wrong. And even if he were right that’s like, look, we figured out how to make rats stop chewing on their own feet. Now we can take that medicine and put it in humans and it’ll make them stop chewing their nails. Why would you think that that would work that way? It’s two different things. It doesn’t matter. So it was just a deeply flawed concept from the start. Anybody that fell for that Da Vinci Code thing deserves to lose their investment money as far as I’m concerned.

And you could tell, also, that underneath all of it was like somebody somewhere in a basement at Quibi must have been saying, “But isn’t this YouTube?” [laughs] Doesn’t YouTube already do this? Hasn’t YouTube been doing this forever?

**John:** And YouTube itself really struggled to monetize that kind of content. They tried YouTube Red. Our friend, Rawson, directed a series for YouTube Red.

**Craig:** That’s right.

**John:** And it was really challenging to do. Just because people watch things on their phone doesn’t mean they want to watch premium stuff on their phone the same way. They don’t want to pay a subscription.

**Craig:** And Quibi wouldn’t let you play it on your television either.

**John:** Yes. And that was a fundamental misunderstanding of not only could you not play it on your television, you couldn’t set clips of it on YouTube or TikTok or anything else. You had no way of sharing the thing that you were watching which is exactly why you had this thing on your phone is so it’s so sharable.

**Craig:** Have you ever, I won’t say ever, but since the dot.com bust of the late ‘90s, mid-late ‘90s, have you seen something that seemed quite so DOA? I mean, at no point. It landed and it was almost like 100th Monkey Syndrome. Everybody just sort of agreed silently that this was not a thing. I mean, no one wanted this.

**John:** Yeah. So certainly not MoviePass because MoviePass was genuinely useful and revolutionary to people at a time.

**Craig:** Oh yeah.

**John:** They’re like this can’t possibly last, but I get why people – it was really good for people to use.

**Craig:** It was the free ice cream store. It was a great idea for us. Not for them.

**John:** I’m drawing a blank on something else that from the moment it came out people were like, no, no I don’t want any of that.

**Craig:** Yeah. Just like right off the bat as it landed everybody just went, “What?” It was like stop trying to make fetch happen. That’s all that kept coming into my mind. Was like stop trying to make Quibi happen. Because it’s one of those things where you just know it’s not going to happen. We don’t need it.

**John:** Here’s what actually it reminds me of. Sometimes someone will run for office. Someone will run a presidential campaign and you’re like, no, no, no, no. No. You should not do that. Nobody wants you.

**Craig:** Nobody wants this.

**John:** Nobody wants you running for president.

**Craig:** Bloomberg. It’s like Bloomberg running for president. Everybody went, uh-uh, nope, nope, nope, nope, nope. Do not want.

**John:** Not a thing.

**Craig:** Not a thing. You’re not a thing. Stop trying to make Bloomberg happen.

**John:** So let’s talk about the good that Quibi did or the argument over whether Quibi’s existence put money in people’s pockets, which I think it die, but also it didn’t put as much money in as I sort of wish it could have done. So here’s the balancing act.

Between $1.75 and $2 billion spent making Quibi happen. Not all of that is on content. Some of it is on infrastructure and back stuff. But people were being paid to do stuff. And people were being paid to write and create these shows which debuted on Quibi. They had this weird business model where Quibi only licensed it for a certain amount of time, so you were allowed to package up the stuff you made and sell it again as a movie. So creators actually owned the content underneath it in ways that was good.

So I want to acknowledge that it got people paid and increased production in Los Angeles and outside of Los Angeles. And more people working is a good thing.

**Craig:** Sure.

**John:** Let’s talk a bit about that. But then there’s also the troubling problem of because they were doing these 10-minute or 11-minute episodes they kept falling underneath union caps for things and so they were paying writers less than they would otherwise have to be paying for the kinds of stuff that they were making. Same with actors and directors and crews. It felt like they were manipulating low budget agreements in ways that is frustrating.

**Craig:** Generally when a new company comes along and says, “We’re doing a new kind of thing in a new sort of way. We’re not going to be doing the WGA thing, but we have something that’s actually better. The WGA thing is old school we’re new school. And this is better for you. It’s better for us. It’s a win.” It’s not better for you. It’s only better for them. Just generally speaking. They’re not charities. They’re always looking to jam you. And if they’re giving you something you should take a good long look at it and see if it’s worth anything.

You can take your eight-minute episodes that we had and then write a movie based on it ten years from now. Hmm. When is that going to come up? And how much is that prospective possibility worth vis-à-vis what you’re not giving me now? So that part obviously – we should always be caveat scriptor on stuff like that.

The notion that $2 billion moved from investors towards creators is a good one. Obviously the creators didn’t get the $2 billion. I don’t know exactly how much were put in creator’s pockets. It did seem like Quibi was going crazy and making a thousand things a minute. In that sense it’s like, OK, good, well some money sort of made it out of the robber barons and into the pockets of working artists. But generally also it is better for working artists for things to succeed and be ongoing. That’s where the real money is.

**John:** Yeah.

**Craig:** Otherwise we’re just helping them build their own house.

**John:** Yeah. And I think we also should separate the just because you’re making money doesn’t mean you’re making art. And I feel like sometimes people were being pulled away from doing stuff that could have been artistically meaningful or actually had a cultural impact because they were making these 10-minute episodes of stuff for Quibi. And so the degree to which you’re wasting people’s time and creator’s time is another thing to be keeping in mind.

But you can say going into this you didn’t know that it wasn’t going to be successful, although we just kind of knew it wasn’t going to be successful. And I think there’s–

**Craig:** We just knew. We all knew. [laughs]

**John:** Everyone was making a show for Quibi I think had to go into it saying like, “This probably isn’t going to work, is it?”

**Craig:** This is just something to do for the next two months. But this is not a thing, right? We can all agree.

**John:** So I want to take this moment as an opportunity to talk about the state of the industry overall. And when you and I were entering into the industry you could write on the back of your valet ticket sort of like these are the major players. These are the studios. This is how everything works. It was really pretty straightforward when we entered. And in some ways it’s more straightforward because there’s been so much consolidation, but it’s also weirdly murky now. So I thought we’d just take a moment to talk through what we mean by the majors, by the other major production entities, and sort of the state of the industry in 2020 and sort of where we see things headed.

So, Craig, as you started who were the majors? When someone said, “You’re going to take out a pitch, you’re going to the studios,” what did we mean by the studios?

**Craig:** So, in the movie business you had Warner Bros and Universal. You had Sony/Columbia which included Tri-Star and Screen Gems I think.

**John:** Screen Gems still.

**Craig:** There was Paramount and there was Disney. And that was kind of it.

**John:** And Fox.

**Craig:** Oh, sorry, and Fox. You’re right. Absolutely. And Fox.

**John:** So we basically thought of six majors. And so as Craig was doing this I bet you were actually sort of thinking about a map of Los Angeles and imagining the drive around. I always geographically sort of place these people. Because Sony is the weird one that isn’t really close to anybody else. And Fox was sort of off the–

**Craig:** Well let’s just say this. I have worked almost exclusively for some combination of Disney, Warners, or Universal. They are all near where I live.

**John:** Yeah. And so I worked a lot at Sony, obviously, for Big Fish and the Charlie’s Angels movies. But I’ve done some work I think everywhere. And even Sony which had different labels and brands it was still kind of Sony. Like Columbia kind of ruled the roost there. And we should also say that we’re talking as feature writers because that’s mostly what we are here, but each of these places had a television business as well. So Disney bought ABC. So Disney controlled ABC. Universal and NBC got combined. Paramount and CBS were combined, and then they were separated, but now they’re combined again. And then Warners and Sony which didn’t have their own broadcast TV networks still make a lot of TV for other places. Famously Warners is the studio behind Friends. Warners also has HBO which is obviously the premier cable place.

So, you can think of these as feature writers these are the major studios. But they’re also the major players in television.

**Craig:** Correct. And more so as – I mean, even when we started it wasn’t quite that way as much. But in the years following the kind of elimination of the financial syndication barrier suddenly CBS and Paramount were the same thing, and NBC and Universal were the same thing. UPN and Paramount were the same thing. And the CW and Warner Bros were the same thing. And ABC and Disney were the same thing. Everything started to squish together. And the squishing together has not stopped nor do I think it will stop any time soon.

**John:** I could not have believed that Fox would sell to Disney. That was inconceivable to me when I started in this industry. Sort of two huge things could just be smooshed together and yet that’s happened. I think it’s an open question of whether there will be more smooshing to come.

Paramount feels like a place – Paramount/CBS feels like a place that someone would take over and combine with something because it’s just the smallest of what’s left. But I don’t know who that is. It may be one of the other giant players. So it could be Apple or Netflix, which are completely outside entities that didn’t exist before. Amazon, which didn’t exist before. So even as we’ve lost majors you really have to look at Netflix and Apple and Amazon as majors because they are making the amount of shows that a broadcast network would make. And they’re starting to make features as well.

**Craig:** In a strange way the test that some of these places have is our value as a company that creates media greater than the worth of the real estate we’re sitting on? Because Paramount has in the past been a major producer of television. All the Star Treks. And of movies throughout the years. Raiders of the Lost Ark and the aforementioned Transformers. But as they reduce and reduce and reduce what you end up with is this enormous amount of real estate.

Same with Fox now that Fox has been absorbed by Disney. That lot is an enormous amount of real estate. And it’s prime real estate. It’s like having five acres in Manhattan or something. Well, maybe not that crazy, but it’s a lot.

**John:** It’s a lot.

**Craig:** And the thing is I don’t know if Netflix needs all that real estate, right? You’d think, well, wait maybe Netflix will just buy Paramount and they’ll have the lot and they’ll make Netflix stuff there. But they’re making stuff everywhere else. So, I don’t know. It’s interesting.

**John:** Yeah. And so a thing people might appreciate is that if you come to visit Los Angeles you will drive through Century City which is the border between West Hollywood and Beverly Hills, but there’s a place called Century City. And it’s called Century City because of 20th Century Fox. It was literally the backlot of 20th Century Fox. And after Cleopatra they had to selloff a bunch of land.

I’m sure I’m butchering the actual history there. But it is called Century City because of 20th Century Fox. The amount of money tied up in that real estate is huge.

**Craig:** Yes.

**John:** At this moment I think the plans are just to keep using the Fox lot for production because you need space for production, but ultimately that land is going to be worth so much more for other things. And it’ll go away at some point.

**Craig:** It will. I mean, so you have these large sound stages. And Paramount has well over a dozen of these mammoth structures that are empty. They’re just big rooms for making movies and television. But since so much production has shipped elsewhere because it’s cheaper to do elsewhere these things are just empty. So what happens?

Well, you can look at Universal. Because I think Universal has been the smartest and canniest in terms of how it uses its own space. It has a great backlot. There aren’t too many good backlots left. Disney has a little one. Warner Bros has a terrific one. Universal sort of had the classic one. And for many years it was a tour. And it still is. You get on a tram and you ride around. Look, there’s Jaws Lake.

But what’s happening now is more and more they’re converting their land to theme park space. They already made Universal Studios Hollywood. It is a very successful theme park, or at least was before a global pandemic forced us all into our hiding holes. And they’re building more such stuff. And I think that that’s going to continue. I think that a lot of these spaces are probably better served as consumer-facing spaces rather than empty production space.

Because when you walk around Paramount, which is a wonderful lot. And to me at least the most Hollywood of them because it’s the only one in Hollywood and it just feels so open and Hollywood-ish. And it also has a great backlot. That’s kind of an enormous, flat, asphalt space waiting to be something. And right now I’m not sure it is anything.

**John:** It’s going to be a skyscraper at some point, or a bunch of skyscrapers.

**Craig:** Or a theme park, you know, with Raiders of the Lost Ark land. You know?

**John:** We’ll see what ends up happening. But a possibility is that these places could combine, they could clear out, we could redevelop this land. But the other big change that’s happened and is clearly only going to accelerate is the move from traditional television, traditional theatrical release, to streaming.

**Craig:** Right.

**John:** And as things move to becoming streaming first it changes not just how audiences see things but the need to spend money on certain things. So, I definitely think about marketing departments. Because for a classic movie that’s being released in theaters you’re spending $30, $40, $50 million advertising that thing because you have to make your money back your opening weekend. If something is debuting on your streaming service you don’t have to do that. And so Netflix does not spend very much money marketing its movies in a classic sense. They buy billboards in Los Angeles and New York, but that’s kind of it. They’re not buying TV commercials other places. And they are saving a tremendous amount of money.

So, saving money is good for that company but it’s not great for the people whose job it is to buy and sell those ads. It’s not great for sort of everyone else in the media industry. So that’s a huge change that’s happening. Or if they are buying ads they’re buying ads on their own services so it doesn’t really count. If Disney is buying ads from ABC it’s kind of an in-house transfer of money.

**Craig:** And this is the thing that we’ve been saying for a long time. I mean, maybe as long as we’ve had this podcast we’ve been saying that the reason that the movie business has changed the way it’s changed is because of marketing and because of the cost of marketing. Because it costs more to market a movie than to make a movie. And if it costs more to market it than to make it then marketing is the more important thing than the movie. And that means the movie has to serve marketing needs. And that’s why movies became what they became.

Television doesn’t have that. Streaming doesn’t have that. And so what we’re seeing from a creative point of view is a renaissance because streaming services are allowing creators to make things that are more important than the selling of the things. They’re taking risks. In fact, they’re going in the opposite direction that movies have been going in. And movies tragically are now even in a more desperate place where they have to be marketing based because when theaters do open back up people aren’t showing up unless it is the most compelling thing ever to get there.

I am terrified for the feature exhibition business. I mean, for the first time ever I don’t know if it will be there. We’ve always scoffed at the “theaters are dead” because the things that everybody thought would kill theaters never, ever did, or would. But now there’s trouble because of the pandemic. So, yes, the big marketing departments are not going to be big marketing departments. And that is not good for the people who work there. It is good for the quality of programming. It’s good for the creators of programming. I love the people who market – the folks that I worked with at HBO who marketed Chernobyl were amazing. I love them. And I can’t wait to work with them again.

And what was great about them was that they were really servicing the program. Those people will still be there. And maybe what happens is a lot of the people that were working in feature marketing move in to fill the desperate need for folks in the TV side, in the streaming side, because they’re making so much. They’re making so much. Even if they don’t market it that much they still need people to cut teasers and trailers and next weeks and recaps and all that stuff.

I think that people will be able to find their jobs. But this is a good thing overall.

**John:** Yeah. I just think your Chernobyl experience was different from the experience of somebody who makes a series for Netflix in that you were occupying prime real estate on HBO. You actually had a time slot for a weekly show on HBO. Versus something that drops all at once on Netflix, you know, I talked to folks who have those kind of shows and basically three weeks they’re in they’ll tell us if we got enough eyeballs, but that’s basically all we can do.

**Craig:** Yes.

**John:** We get constant pitches here at Scriptnotes from people saying like, “Hey, I have a show that’s debuting on Netflix. Can I please come on to talk about it because there’s basically no other marketing that I can do for the show?”

**Craig:** Right. That is true.

**John:** That’s a real frustration.

**Craig:** HBO is still putting things out in the old school way, which I love, and I think that more and more companies are going to start looking at that model. Because it is I think a better model for certain kinds of shows. Not for all of them, but for certain kinds. And those shows do need good marketing.

But you’re right. Netflix doesn’t really market anything until the day it comes out. And then the marketing is should it be on the splash page or not. They don’t do much in that regard. So, that’s true. That’s true. I can’t argue with that.

**John:** You brought up movie theaters, so I just pulled up the numbers for movie theaters right now. The three big chains in the US, AMC has 8,200 screens, Regal has 7,300 screens, Cinemark has 4,500. And then it’s a huge drop off, like below 500. Then you get to your Alamo Draft House, your Landmark Theaters.

As we talked about on the show, the barriers between the Paramount consent decree which restricted studios from owning theaters is basically dissolved. So, Disney could buy any one of these chains, or multiple chains. And I think they’re going to really be thinking about it.

So, the good news if Disney buys them for Disney is they control the pipeline. They have efficiency. They can do stuff there. But they also have to look at we just went through a pandemic where the last thing you want to do is to own a business that relies on people showing up in person to be there. So I don’t know if they’re going to buy up a chain right away. I don’t know if it makes sense for them to buy up a chain.

**Craig:** Well, they won’t buy it until they feel like it is worth nothing. And then they’ll buy it, because it’s worth nothing. It’s not good. It’s a really bad situation. And I do feel for – I mean, people give movie theater chains a lot of guff because they’re kind of monopolistic and they charge you $5,000 for popcorn and they’re generally dirty and they show 400 ads in front of a movie which is disgusting, and all that. But it was still the movies. And they were still movie theaters. And it still had that kind of movie theater thing going on.

And it’s kind of shocking because it might be that we were staying in that relationship out of habit more than out of love. And now that we’ve been forced to break that habit it’s sort of like, well, so once they let us out of the hospital do we start smoking again? I don’t know. I don’t know. We’ll see. We’ll see what happens.

I never thought. But here we are.

**John:** All right. Let’s answer some listener questions. So people write in with questions and we try to get to them, but they stack up. So we’re going to try to burn through a bunch.

**Craig:** Let’s go.

**John:** Craig, will you start us off with Ren’s question?

**Craig:** Ren asks, “I am working with a director on a short film. He originally approached with a concept but no script. I agreed to work with him on the understanding that he would be the director and I would be the writer and received sole writing credit. It is unpaid. Now—“

**John:** Craig, I’m going to stop you right there. Craig, I’m going to stop you right there. You’ve not read the rest of this question. What do you think Ren is going to ask us next?

**Craig:** I’m going to guess, I’m looking away from the question so I don’t read it. I’m going to guess that the director now does want writing credit. What should I do?

**John:** Ah, yes. So now read the rest of it. You are correct.

**Craig:** “Now after seven drafts he has sent back a new version of the screenplay to which he has added scenes without consulting me and has also added his name as a writer.” Oh, yeah. Well, that was pretty much the only way that story was going to go. “Is this as uncool as I think it is?”

Yes.

“Do I have any redress?”

Yes.

“He disappeared for three months prior to this and never sent notes. This short will be going into production this winter, coronavirus permitting.”

OK. Well, John.

**John:** Oh Ren. OK, so yes it’s uncool. Yes it’s so common that that’s why I can stop Craig in the middle of the question and ask him where he thought this was going. This happens all the time. And the director disappearing and showing back up again happens all the time.

If you had the time machine and could go back and at the start of this relationship had come to an agreement about sort of how this was going to work and written that down that would be great. But you have no time machine. All you have is your ability to say no right now. So to say all the feelings that you’re projecting at us you need to direct those feelings back to the director and explain clearly that this is not the arrangement we had. This is not the plan going into this. This is uncool what you are doing. I still want to make this short but I want to make this short as the writer and you as the director and that’s where we’re at.

If this director says, “No, I’m just not going to make this movie,” he’s not going to make the movie. So, who cares? He has not paid you any money. He doesn’t own anything. So hash it out with this director. Make the short if you want to make the short. Don’t make the short if you don’t want to make the short. You have the ability to say no and just don’t forget you have the ability to say no.

**Craig:** Correct. You wrote this thing. He, in rewriting it, has actually violated your copyright. He has created a derivative work without your permission. You wrote it. It’s yours.

So, now, that’s just so that you know that you have some actual leverage here. I think it’s fair for you to say we had an arrangement and whether or not you wish to work on this and you can, and by the way, I’m fine with you wanting to come and do some things on it, I don’t work on this initially for free and put in all the time to get you to this spot if I don’t know that I’m getting sole credit. This, that I did write, is copyright me. And you can’t make any derivative work from it. Any derivative work without my permission.

So if there’s no paper in place he can’t make it unless you allow him to make it. This is what you get when you don’t hire people and pay them. So, you have actually more leverage than you even realize and if he’s going to be a jerk about it it’s time to call up a lawyer.

**John:** Yeah. That said, this is a short film. We don’t know sort of what’s going to happen. So it may not be worth all of your time and energy and concern about this thing. He could go off and make something that’s kind of like your short and as maddening as that is it may not be worth pursuing if it’s not going to ever attract anyone’s attention. It’s just going to suck. Maybe you don’t want your name on it in the first place.

But if you feel like this is a good thing that you wrote that you feel like could become a good short, that could become a thing, yes, have this conversation and make it clear that you intend to protect your vision and your rights on this.

**Craig:** I reserve all rights.

**John:** Indeed.

**Craig:** I got that once. I was making a movie for Bob Weinstein.

**John:** Good stuff.

**Craig:** And we had a schedule. And we had, I don’t know, it was like 28 days to shoot a movie. And around day 14 he calls and says, “You don’t have 14 more days. You now have 10 more days. I’m taking four days out of your schedule.” And I was like, no, that’s crazy. That doesn’t even make sense and no. And he yelled at me and I was like but no.

And then he sent me an email an hour later that says, “As we discussed you will take four days out of the schedule. I reserve all rights.” [laughs] Anyway, I hit delete and did not take four days out of the schedule. What a jerk.

**John:** What a jerk.

**Craig:** And that’s the worst thing that anyone named Weinstein has ever done. Moving on. Next question.

**John:** James from Bristol asks, “I have a question about writing down pieces of dialogue you hear or which come up in conversation. I understand the urge to do it, to write down this great thing you heard so you don’t lose it, but I wonder do you guys ever actually use any of that? Do you not need to be mid writing a scene or movie which requires that specific exchange or something like it? Otherwise it just stays in the notebook unused and out of context? Or do you only write down things that apply to what you’re writing? How do you use this?” And Craig do you write down stuff that you overhear?

**Craig:** No. I think that that’s something that writers in movies do. I don’t think I’ve ever done that. I’ve never just gone, ooh, that’s an interesting turn of phrase. Let me get my little writer notebook and put it in.

**John:** So Nora Ephron did it. And I remember reading in books about like how she would hear an exchange and she would write it down. But I think it was generally in context of something she was working on. So When Harry Met Sally her ears were just primed to hear that stuff. And when she would hear it she would do it. And to me the rare occasions where I’ve picked something out of an actual conversation and used it it’s been because I’m working on that thing and so therefore I was ready to hear it and use it and place it in there.

So I don’t know that it’s overall worthwhile to do.

**Craig:** Yeah. It feels like you’re risking you had to be there syndrome. Because, you know, oh my god I heard three people say the funniest thing. When you hear comedians rely exchanges they overheard I assure you that they have made those exchanges far more interesting and funny. Always. Everything needs to be buffed up and expanded.

Sometimes what I’ll do is I’ll hear people say things and I’ll go well there’s an interesting conversation. But I’m not writing down their actual words. I’ll do the words later in a way that is better. But the concept or the thought or reaction is something that I will note.

**John:** What I will write down or note or I’ll just take a note in my Notes App on my phone is if I hear somebody using a word in a way that I’ve never encountered before or they’re clearly pronouncing a word that they’ve never actually heard aloud and they’ve only read sometimes I’ll take a note of that. A weird bit of usage on something. I will take a note of that. But that’s not quite what is being asked here. Because it’s not like, oh, I can have that character say that thing. Almost never does that actually work.

**Craig:** Almost never. All right, let’s try this question from Joe. This is about copyright for a sequel. He says, “Recently I finished writing a spinoff to a major cult classic that examines the backstory of a particular character and his motivations for killing another character in the original film. I sent the script to a friend and mentor who works for the Black List and she thinks I have something special that fans would love to watch. Before reaching out to the producers with my logline and query letter she suggested I look into the copyright section that my project falls under with the Library of Congress.

“I tried doing this before emailing Scriptnotes but I haven’t had much luck getting a straight answer. My question is can I copyright a spinoff inspired by another film or is this the sort of red tape that producers would take care of in the event they really like my script? Also, do I need permission from the original writers to use their characters in my spinoff?”

John, what do you think about Joe’s question?

**John:** Great, so Joe what you’ve written is kind of fan fiction. You’ve taken something that existed and you’ve written a new thing that’s inspired by and derived from that initial piece of writing. You have copyright because you’ve written something and you have copyright on the things you’ve written, but you don’t have control of those underlying material. And so you couldn’t sell this thing to somebody and they couldn’t make it without getting the underlying rights to the initial cult classic film, assuming that it’s still under copyright which it probably is because it’s not pre-Mickey Mouse or something like that. So somebody owns the underlying rights to this thing and it’s not you.

So you still own the rights to the thing you’ve written, but not the stuff before then. So I don’t know, the friend who is telling you to go to the Library of Congress. You don’t need to go to the Library of Congress. Somebody owns those rights and you are not the person who owns those rights.

Still, what you’ve done is fine and good and is a really common thing for people to show their writing talent. And so you have to look at this thing that you’ve written as being hopefully a fantastic writing sample for yourself. Maybe the people who own these underlying rights will read this and say, “You know what? This is a great idea. We should buy this script and make this thing.” But likely that’s not going to happen and that’s OK.

**Craig:** Yeah. I’m a little curious why your friend did suggest you look into the copyright because that sort of implies that maybe it is old or maybe the original film is based on another property that might be out of copyright, like a book.

**John:** Oh, that’s possible.

**Craig:** Like Sherlock Holmes, old Sherlock Holmes stories are not under copyright, but there are plenty of movies that if you borrowed from based on those things you would be violating the movie copyright. It’s complicated. But I think John has given you the best answer which is if you’ve written it and it’s good you should get it out there. And people will read it. You don’t need permission to write something like that. What you need permission is to exploit it.

So, you can’t make money off of it. You can’t exhibit it without permission. But if you want to sit in your house and write something like that, no problem.

**John:** Sara writes, “I just sold a show after pitching it to an executive I’d met in a general meeting. Now that the show has sold my manager is expressing interest in attaching himself as a producer on the project.”

**Craig:** Oh great.

**John:** “I can’t help but feel bad packaging fee vibes from this and I wondered how is a manager coming on to produce a client’s film or series helpful for the client?”

**Craig:** Oh.

**John:** “I’m not sure he’d be added to the project in any way, creative or otherwise.”

**Craig:** Really?

**John:** “Other than how he already was which is as my representative, representing my best interests.”

**Craig:** Oh?

**John:** “Should I let him produce my show?”

**Craig:** Oh, Sara, what a bunch of silly questions. No, no, no, no. It’s very important that you let the producer be the producer even though he’s your manager because it’ll make him feel better and he’ll get more money out of it. Ugh. [laughs]

You’re asking questions that you already know the answer to Sara because you’re smart and you’re insightful. The reason you feel bad packaging fee vibes from this is because it is exactly bad packaging fee vibes. In short the manager is no longer representing you. The manager is now being paid by the financier of the project. The manager’s responsibility is to that financier. In fact the manager as the producer has seniority over you. And a permanency that you don’t have because at some point if the studio says we don’t think Sara is getting it done then your manager as the producer will say, “Let me go break it to her that we’re firing her. And then let me go hire somebody else.”

And for what? So that you don’t pay 10 percent? Pay the 10 percent. And then they will represent you as you point out. But this is the problem. This is the problem.

**John:** So Craig and I have never had managers.

**Craig:** Oh, I have.

**John:** We have many friends who do have managers. And what they will tell you, so Malcolm Spellman would tell you, or Justin Marks would tell you, or other friends who have managers is that managers can add value and they can be helpful to your career in terms of introductions and giving you notes on things and sort of helping you do your best work. And some of them enjoy having their managers come on as producers because they feel like they’re protecting the writer in this part of this process. There’s somebody who is there on set defending the writer.

Maybe that’s the situation. But Sara that doesn’t sound like you feel that way from this manager that this person is really going to help you. So you’re not going to find any sympathy from me and Craig for this manager in this situation. I think, again, you have the ability to say, “No, I’m not comfortable with this.” And if the manager says, “Well, this is what I want,” then you’re going to maybe find a different manager–

**Craig:** What a great time to fire them. Yeah.

**John:** Yeah. It doesn’t feel like a good relationship to me.

**Craig:** No. No. And if they’re saying that, the manager is expressing interest you say in attaching himself as a producer on the project. The manager is expressing interest in making more money. That’s what the manager is expressing interest in. More money. Please, more money. Well, I want their money to be attached to my money. The more money I make the more money he’ll make. So, I don’t need the manager decoupling himself.

**John:** Craig, you’re so old fashioned. So old fashioned.

**Craig:** I know.

**John:** This is just for you, Craig. Will wrote in. He said, “Hey Craig, have you ever been interested in cryptic crossword puzzles? I’m an American with a British parent so I’ve had enough exposure to both, A, know about them, and B, get some of the more obscure cultural references that the clues often require. I was just curious to hear your perspective on them as someone who is a much more serious puzzler but probably has less grounding in British culture and slang. Are they delightful, crunchy, or obscure and aggravating?”

**Craig:** A cryptic crossword. What is a – oh yeah, that’s that thing I do every day. I love cryptic crosswords. In fact, I’ve stopped doing regular crossword puzzles.

**John:** Explain it, Craig. I don’t know what you’re talking about at all.

**Craig:** Sure. So what we call cryptic crosswords in the US are what the British call crosswords. And they work in a very different way than our crosswords. Our crosswords generally speaking there is a straightforward clue like President blank Clinton. It’s Bill. And you fill it in and they all intersect. And you fill in those things. And sometimes we’ll have themed crosswords puzzles. The New York Times most of their puzzles throughout the week except for Friday and Saturday have a theme where there’s like a little gimmick going on or something like that.

But cryptic crossword puzzles have a very different structure. First of all they rarely feature that kind of rotational symmetry that an American crossword puzzle has where if you turn the grid at 90 degrees or 180 it will always look the same. And secondly the clues work in a very different manner. The clues are basically divided up in two parts. There’s like an imaginary line somewhere in the clue. And on one side of that imaginary line is a definition of the answer. And on the other side of the imaginary line is some word play that will lead you to the answer.

And so I’m just look in – this is the example that they use in Wikipedia. Here is a cryptic clue. Very sad, unfinished story about rising smoke. Eight letters. Well, how does that work? So the definition in that case is very sad. And you have to figure it out. You don’t know if the definition is very or very sad, or rising smoke, or smoke. So the definition there is very sad. Well, OK, well I don’t know what the answer to very sad is. It could be a lot of things. Let’s look at the other side of that clue. Unfinished story about rising smoke. Well an unfinished story, a story is a tale. Unfinished means don’t use the last letter. Just take TAL. Rising smoke, well one kind of smoke is a cigar. So in that case smoke is a noun. Rising is a hint that it’s going backwards. Cigar backwards is RAGIC. And then about – so the unfinished story about rising smoke means take that TAL and put it around the backwards cigar and what you end up with is TRAGICAL.

Now, you can see why I love these things. There are so many conventions to these things. There are anagrams. There’s backwards. There’s taking odd letters. There’s letters that are hidden in between words, like bridging across spaces. It is so complicated.

And then you get into the deep, deep world of like the great Mark Halpin and his cryptic crosswords that do things like in every single clue not only is this clue really, really hard but also there’s an extra two letters in it that don’t belong there. What are those two? Pull them out and do another thing with those. Oh, it’s so deep nerd. It’s so wonderful.

Anyway, Will, the long answer to this could have just been substituted with a yes.

**John:** Craig has never heard of them. He has no interest in them at all.

**Craig:** Now, British culture and slang is really rough. So there’s the hardest, generally speaking what people consider the hardest routinely published cryptic crossword is one done by The Listener which is a UK publication. It is so, so hard. I consider myself to be I’ll say very good at cryptics. I can do very difficult cryptics. That one is just one notch above my head. I just can’t get there. And part of it is because it’s so difficult and the vocabulary is so obscure. And part of it is because a lot of it is sometimes grounded in British culture and slang that I don’t know.

But long story short everybody should do cryptic crosswords. Everybody should do them.

**John:** Oh my god, no way will I ever do cryptic crosswords.

**Craig:** You will.

**John:** What you described is just exactly what I do not want to spend my time doing.

**Craig:** Really? That’s the only thing I want to do. That’s literally all I want to do. David Kwong and I–

**John:** This and D&D. If you could combine D&D and this Craig would be in heaven.

**Craig:** Yes. David Kwong and I will occasionally just create cryptic clues for words. Chris Miller also a big cryptic guy. It’s just fun. It’s fun making them if you’re a dork like me.

**John:** Matthew as you edit this episode make sure to emphasize my sighs of disbelief and frustration.

**Craig:** I want to make a cryptic clue for your name. It’s going to be great.

**John:** Excellent. Cannot wait. It’s time for our One Cool Things. My One Cool Thing is actually podcast related. It is a program, a system called Descript. I’d heard about it before and they just came out with a new thing and a great video that sort of talks you through what it can do. It is magic in a way that is sort of scary.

So, for a podcast for example Craig and I are recording our audio separately. Matthew joins the two pieces together. But he does it all in a very traditional nonlinear editor. He’s cutting the audio together. And what we’re saying he’s just hearing as sound waves. So he’s just cutting sound waves together. Descript works differently. So if we feed this into Descript, and I’ve done this because I’ve tried it, Craig and I show up as text. And so it is transcribing what we’re saying as text and then you can edit it as text, just like you would edit it in Word or Highland, and edit the text. And then it goes through and it cuts the audio for you to match the written text.

It is crazy. And that was already kind of existing and there was a version of that. They’ve just now added video so you can do the same thing for video and edit the video just as text which seems impossible yet still works.

But the spookiest new feature I saw here which would be so useful but so terrifying potentially is it can also not only cut stuff out, it can generate words. Basically it will listen to – it will build up a voice based on the recordings it has of somebody and so if I said six in the podcast but I really should have said seven I can just highlight six and type seven and it will create my voice saying seven in that moment and match the pitch and tone for where I was.

It is remarkable. And it will change a lot of things. For something like Scriptnotes it’s probably not exactly practical. But for the Launch podcast I did about the Launch of Arlo Finch that was a fully written out scripted podcast and it would have been amazing to edit that show in something like Descript.

So, just check it out. We’ll have a link in the show notes to it. It is spooky what they’re able to do.

**Craig:** Wow. Great name for that, too. I like that, Descript. Descriptnotes. That’s the podcast about Descript.

**John:** Yup.

**Craig:** My One Cool Thing is a new book that’s put out by Dungeons & Dragons, the fine people at Wizards of the Coast. And it is written in part by a friend of mine who is also one of the party members in a game I play each week. A D&D game I play each week. And it’s called Heroes Feast. It is the official Dungeons & Dragons Cookbook.

**John:** I love it.

**Craig:** And it’s lovely. It’s adorable. It lives entirely within the kind of vibe of D&D. All the recipes kind of roughly map to various D&D races and classes. You know, elves I guess are veggie and dwarves like meat. You know, stuff like that. I don’t know where they come up with these things. But the point is it’s adorable. It’s adorable. It’s a great kind of gift. I mean, we’re approaching Christmas and it does seem like, OK, well if I’m married to a nerd or my boyfriend or girlfriend is a dork and they also like to cook – or maybe they just don’t and I need to buy them something cute. I mean, this thing is really adorable.

And I haven’t tried any of the recipes but I did look through them. They actually look pretty good. So if you are interested in things like Drow mushroom steaks, or Chultan’s Zombie, Yawning Portal biscuits, well, they’ve got them.

**John:** I’ve adventured in Yawning Portal. I believe he could sell me some pretty good biscuits.

**Craig:** Oh yeah.

**John:** I’ll tell you, just because it’s short, the recipe for the Mind Flayer which is a vodka drink involves peeled ginger, sugar, lime juice, grape juice concentrate, vodka, and ice. And grapes. So, sure, it sounds like a spicy grapey vodka drink.

**Craig:** And the blood of an illithid who approaches you slowly, grapples you – grapples you – and then sucks your brain out.

**John:** Yeah. The ginger does feel like the spiky parts of the tentacles wrapping around your brain.

**Craig:** Wrapping around your brain. Oh yeah. You guys are going to be doing some illithid pretty soon, my friend. It’s coming. Just so you know, so the game that I DM that John is in I also play in but at a much deeper level of the dungeon, so I don’t know what’s coming because I haven’t gotten there as a DM. And I died again. It’s the second time I died.

Well, I mean, it gets serious. It gets serious. So, third character coming up. Pretty cool. I like this guy. War Forged Cleric of Light.

**John:** Love it.

**Craig:** Yeah.

**John:** It’s always good to try some new things. I have a backup character anticipating when my cult leader sorcerer dies.

**Craig:** Yeah, it’s probably inevitable.

**John:** It’ll be fun.

**Craig:** Like I said, it’s one of those dungeons. Well that was fun.

**John:** That’s our show for this week. So Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli. Matthew also did our outro this week which is phenomenal and inspired our bonus segment.

If you have an outro you can send us a link to ask@johnaugust.com. That’s the place where you can send longer questions like the ones we answered today. For short questions, on Twitter Craig is @clmazin. I am @johnaugust.

We have t-shirts. They’re great. You can go to Cotton Bureau or follow the link in the show notes.

You can find those show notes for this episode and all episodes at johnaugust.com. You’ll also find the transcripts there.

You can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segments.

And, Craig, thank you for a fun show.

**Craig:** Thank you, John.

[Bonus segment]

**John:** Another excellent outro by Matthew Chilelli. And it is almost Halloween so Craig let’s talk about scary movies. Do you like scary movies? I don’t even know if you do.

**Craig:** I don’t like them as much as some people. There are some that I like and I respect highly. I don’t go seeking them. My daughter is obsessed. Obsessed with scary movies and has watched, I think, all of them.

**John:** Yeah. So I fall into your camp where I definitely appreciate scary movies and I think there’s an artistry there and I totally admire some of them, and some of them I greatly enjoy, but I don’t seek them out very often.

And I guess I put them into a couple different buckets. There’s the slasher movie that is not actually scary but just sort of gory. There’s that variety and I don’t particularly care for it. There are thrillers. There’s Silence of the Lambs. Things that are incredibly scary but they’re not sort of supernatural. But those supernatural horror movies, those are the ones that I find so troubling and disturbing that I just really have a hard time watching. All the way going back to like the Amityville Horror would show on TV sometimes and I would have to have the remote in hand just so I could flip to a different channel because it would be so terrifying to me.

Hereditary was the same kind of movie for me in that I had to just watch it in little installments and just walk away because it overwhelmed me.

**Craig:** Yeah. I’m kind of with you on that. The Exorcist absolutely screwed me up. It screwed me up. I saw The Exorcist when I was 12. Obviously I was sneaking it in. And absolutely traumatized me. Traumatized me. Only now am I at the point where I can watch it and not feel stuff, like feel terrible dread in my mind and in my chest. But it absolutely scrambled me. And that’s so much more scary. The jump scare stuff, that’s not scaring me, that’s just startling.

And I don’t really care about the slasher ones. Like I think slasher stuff, it bores me. I’ll be honest with you. I just get bored by watching a guy walk around and stab people. Because I don’t care. I just don’t.

But the things that prey on basic – well we’ll just call them like Jungian themes like the innocence of childhood. Like I remember when I read Pet Sematary. I was terrified by that book. Terrified.

**John:** Yeah. So I’m trying to say this in a non-judgy way, but when I see people who are like obsessed with horror movies, especially really supernatural scary, scary movies to me I equate that with people who keep having to add more and more hot sauce to their food. Where something about how they’re wired, they need to get the most frightened possible. Like normal thresholds of things won’t work for them. And I just don’t feel that. Like I just need a little heat and I’m good. I don’t need to sort of go deep into that.

And the times where I’ve written scary stuff I will genuinely scare myself. It gives you an appreciation for sort of like how difficult a jump scare can really be to execute and how the misdirect that’s required for that. So full appreciation for the craft behind it. It’s just not a thing I sort of willingly go into to experience too often.

Here’s an example. So Mike and Amy they had gone to Ohio to visit family. This is years ago. And I went to the Mann Chinese Theater, like the six-pack theater there, and there was a scary movie that I wanted to see that people were liking a lot. I don’t remember the title of it. And so it was like an eight o’clock show. I go there by myself. I’m watching this movie and then I’m about 20 minutes into it I realize like I am really scared and I’m going to have to drive home and sleep in an empty house tonight. And this is not going to be good so I got up and I left and I drove home. Because I recognized that I’m going to freak myself out way too much watching this movie. Like those things get in my head in ways that other stuff can’t.

**Craig:** Well obviously the manufacturers that constructed you failed to kind of prevent against this one little bit. Clearly this is violating some circuit protocol. I mean, you should be immune to this sort of thing. I’m confused.

**John:** Yeah. What was the last movie that really scared you? Like the last new movie that wasn’t The Exorcist?

**Craig:** Hereditary.

**John:** Hereditary for me, too. Midsommar I guess I “liked” Midsommar. I thought it was sort of overwhelming, but it’s not scary in that way. It’s incredibly disturbing not actually scary. Whereas Hereditary I just have no idea what’s going to happen next and I was terrified for the people involved at every moment.

**Craig:** Right. It just – yeah. There is an intelligence behind it. So, The Exorcist and Hereditary in that zone what ends up happening is it’s not really about anything supernatural at all. The presence of a demon in The Exorcist, I mean, we don’t even see the demon. We see a statue briefly and then of course the famous glimpse of a face. But it’s instead about the way our actual nightmares work, which is taking things that we are incredibly familiar with and perverting them. It’s just a perversion. It’s something that is sweet and beautiful turning into something that is terrible and degraded and disgusting. That’s the part that always gets to me. I struggle.

**John:** Yeah. Even the clichés of like the children singing a nursery rhyme. The fact that that becomes a cliché is because it is that perversion of something that is so innocent and should be happy and it’s like, oh no, this is going to be terrible. Like I can’t watch The Conjuring or Annabelle or any of those kind of things, but it’s the same type of situation where you’re going into that dark basement where that toy is and that toy will be your undoing.

**Craig:** Yeah. In Pet Sematary, I mean, this is why Pet Sematary is so remarkable and why Stephen King is so incredible. The concept is so simple and so direct to our lizard brain and yet only he was willing to freaking do it. What is worse than a child dying? Not just a child, but a toddler. A sweet five-year-old boy dying violently, getting hit by a truck. And then you in your grief try to bring him back to life. And what he comes back as is horrifying and is evil.

That goes right into something so primal and terrifying to me. Ugh. Blech. So like the stuff where Freddy walks around and quips – the quipping ones are the most amusing. Yes. I don’t care about those.

**John:** Many horror movies do cross over into actual they are a comedy reflection of the original horror movie. And so they’re no longer fully scary movies. And then we reached with Scream and everything that sort of came after Scream that the meta recognition of horror. And the original Scream was actually genuinely scary to me. Jump scares but also the initial Drew Barrymore scene. That sense of like, oh, this person is aware of the clichés and the tropes and is using those tropes to kill me was its own unique new thing.

**Craig:** Right.

**John:** But that’s still a slasher movie. And the supernatural horror is the thing that I can’t stand.

**Craig:** Yeah. Yeah. Well, I mean, I appreciate it. You know, I appreciate it when it’s well done. And a lot of people thought that there were things in Chernobyl that were really scary. And I didn’t really intend for anything to be scary.

**John:** Well here’s what scary about Chernobyl to me is when the guys are wearing the suits and they’re sludging through the water. That’s very classically Aliens scary where you’re in a place of darkness. There’s water. You can’t see clearly. And those are primal fears. That fear of not just drowning but suffocating and something coming out of that darkness at you. I can understand why that part was scary.

The other stuff was more disturbing than anything else, because there wasn’t immediate stakes. And that moment had incredible immediate stakes.

**Craig:** Well I guess what I was going for was anxiety. That’s what I wanted people to feel was anxious. And I suppose scared and anxious are twins.

**John:** Yeah.

**Craig:** Kissing cousins. Yeah.

**John:** They are. Yeah. Kissing is scary.

Links:

* [Slinky Movie Twitter Poll](https://twitter.com/johnaugust/status/1318593033487618048?s=20)
* [Magic 8 Ball Movie](https://variety.com/2019/film/news/magic-8-ball-movie-blumhouse-mattel-1203232001/)
* [Quibi Shuts Down](https://www.wsj.com/articles/quibi-weighs-shutting-down-as-problems-mount-11603301946)
* [Hit and Run by Nancy Griffin and Kim Masters](https://www.goodreads.com/en/book/show/324915.Hit_and_Run)
* [Quibi Loopholes](https://www.inputmag.com/culture/exclusive-by-exploiting-a-union-loophole-quibi-is-underpaying-its-shows-crews)
* [Century City](https://en.wikipedia.org/wiki/Century_City)
* [Descript](https://twitter.com/DescriptApp/status/1318945145157464067?s=20)
* [DnD Heroes Feast](https://dnd.wizards.com/products/fiction/heroes-feast)
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Matthew Chilelli ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/473standard.mp3).

Scriptnotes, Ep 469: Loglines are for Other People, Transcript

October 23, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/loglines-are-for-other-people).

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

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

**John:** And this is Episode 469 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the show when two screenwriters uncover provocative research on loglines they must confront an industry determined to keep them silent.

**Craig:** I’d buy that.

**John:** Yeah. It’s a good logline. Plus, we’ll have questions and answers about lawyers, options, and ASL.

**Craig:** And in our bonus segment for Premium members, all of whose money goes to you, we will discuss gaming consoles. Oh, I’m so excited about that bonus segment.

**John:** Yeah. Because I know nothing and you’re going to teach me everything I need to know about gaming consoles and the next generation of gaming consoles.

**Craig:** Joy.

**John:** But there’s even more. So, since Craig missed out on last week’s pitch versus spec episode we’re going to do a bonus episode of extra listener dilemmas that were sent in because we got like 50 of these in and so this is a backlog here. So, if you’re a premium subscriber look for a bonus episode that’s going to drop in your feed that has more of those pitch versus spec dilemmas.

**Craig:** That’s great. We will sort through all of them.

**John:** Yup. Craig, what a week. So 10:42am on Monday morning I got a text from our friend Aline Brosh McKenna. And she asked, “Is CAA a done deal or does WGA still have to agree? I am confused?” And I was really confused because I had no idea what Aline was talking about.

**Craig:** And then you saw it. Yes.

**John:** Get us up to speed, Craig.

**Craig:** You know how it goes. The way I got engaged was I called all of my friends and I said I’m getting married to Melissa. And then later that day I told her. [laughs] No, that’s not how it works. At all.

**John:** No.

**Craig:** No. Now, there was some good news sort of baked into this.

**John:** 100 percent. But let’s go through how it actually sort of broke and then we can talk about what the good news is. Because I think there is good news underneath this overall. So, CAA sent a letter to its staff that also went out to the trades and we can figure out what the order of that was, but in the letter it said, “Today we signed the same deal the WGA made with ICM several weeks ago. We delivered the signed agreement to the WGA and we assume it will be circulated to the appropriate members of the negotiating committee as well as the membership shortly.”

So it sounds like, oh, so they signed the ICM deal. And what it turned out is that they literally just changed ICM to CAA and sent that through, but they also put other stuff in there, too. So it says there, “There’s one change we have provided that we think the WGA will be able to agree to. With regard to our investment in the affiliated production company, Wiip, we are providing for a commercially practical time to come into compliance with the 20 percent ownership limitation contained in the agreement. We are unequivocally committed to achieving compliance.”

So basically they added one thing to that deal they signed.

**Craig:** Yes. That’s right. And they did so unilaterally. Now, in looking at it, I mean, the good news of course is that the stuff that we were generally arguing about and have been arguing about for well over a year they’ve agreed to. They are going to I think once ICM and UTA signed on and essentially said we’re out of the packaging business CAA understood that the packaging business was over. It was going to end anyway. That was the conventional wisdom. My guess is that, you know, maybe in five years there wasn’t going to be much in the way of packaging. But, OK, we get it done quicker and that’s fine. This is a good thing. Because going all the way back to our very first episode on this topic with Chris Keyser it’s pretty clear that you and I and Chris Keyser were in violent agreement that packaging is terrible.

So, it’s good that that is over. And also they are agreeing to reduce their ownership of their affiliated production company down to this 20 percent ceiling. Now, this may have been somewhat surprising even to people inside the Writers Guild, I don’t know, because what CAA didn’t do is say we’re will to get down but we want to see if we can make that ceiling go a little higher. Because that percentage of ownership had kind of crept up from zero to five to ten to 20. But they said, no, 20 is good.

What they are asking for also I’ve got to be honest seems a bit reasonable which is to say we can’t just do that tomorrow because it involves divestment of a corporation. So, can we come up with a timeframe for that that seems reasonable? Now, whatever they’ve proposed, I don’t know what their timeframe is. There’s a – what is it, a year and a half timeframe for–?

**John:** The sunset on packaging, yeah.

**Craig:** So perhaps it’s a similar kind of thing. I don’t know. But some sort of timeframe makes sense. So what they’re saying is good. And what they asked for, at least as far as I could tell, seemed fairly reasonable. The way in which they did it – why did they do it this way? I have theories.

**John:** Yeah.

**Craig:** I have theories.

**John:** So there really are two things to talk through. Why did they do it this way? Let’s have that as one topic. And then we’ll talk about the getting down to 20% and sort of like what is actually reasonable and what the concerns are about getting down to 20%. So let’s first talk about why they did it this way. I don’t genuinely know why they did it this way. And I’ve asked a bunch of people and there’s a lot of different theories. I don’t know that we can know. Craig, what’s your hunch on why they sent out this letter/press release without actually engaging the WGA?

**Craig:** I think that after ICM and UTA signed the deal the problem for CAA and WME was that it was a problem of face-saving. I mean, if you’re one of those organizations you can see where this is all going. You know how it has to end. What you don’t want to be is the person who then just says, “Well, OK, I will l just eat the sandwich everybody else made. You want to feel like you are somehow in control of it, driving it, in charge of it. And I suspect that whatever the communication was between the union and CAA it was not at a level that could have precluded something like this. So I think CAA decided we are going to announce this as if we had full choice in this matter. It’s actually quite savvy in that regard I think. Because otherwise you just kind of get stuck with it. And then one day you just passively agree to it.

So it seems like a very face-saving kind of thing. It sort of seems like, no, no, no, you’re not cutting my finger off. I’ve cut my own finger off. I didn’t want this finger.

Now, I’m happy about it. I think that this is the right thing to do. I’m so frustrated with the length of the process, obviously. But it’s not over yet. So, we do have to follow through now and get this done. I don’t see anything structurally based on what has happened here that would stand in the way unless this was somehow down in bad faith. I don’t think it was, but that’s just a hunch.

**John:** Yeah. So, the WGA did respond after this thing went out. And I think the WGA sort came forward saying we were surprised as anybody that they did this thing, because CAA sent a statement to the press and communicated with former clients saying they signed this franchise deal. This is not accurate. CAA has proposed changes as we’ve talked through. The WGA will assess CAA’s offer but not through the press. And basically CAA is unfranchised. Working Rule 23 is still in effect basically saying you can’t sign with CAA and so don’t think that you can magically today sign with CAA.

Also within that email the WGA sent out saying like, yeah, it is good news that they basically just agreed to the ICM deal, which is fantastic. The remaining issue, though, which is a good segue to this is how do you get down to 20% and do you let CAA sign writers again with this promise that they’ll get down to the 20%? Because how do you actually hold them to that promise? And who determines what is a commercially practical time to do that? What are the safeguards? Because one of the things, you know, you and I both encountered as the guild negotiates things is you have to get things in writing that are enforceable. Because as contracts have been negotiated if things are just verbal agreements or things are sort of vague, vague always hurts us.

And so I’m going to be really curious to see how do we get to a place where it’s clearly codified what this timeline would be because if it’s not clearly codified I also have the alternative perspective of just like, OK, well sell down the 20% and then you can sign your clients again. So, what do you think? What makes you feel confident that they will really get down to 20%?

**Craig:** I have the same confidence in that that I have that UTA will cease packaging when the packaging sunset period is over. I don’t see anything in the agreement that is particularly ironclad about that other than trust. You know, so if UTA and ICM have said that they will stop packaging on this date, I presume they will stop packaging on that date. And if they don’t then you have to, you know, pull the cord again and everybody at UTA has to fire their agent there again. Or at ICM. And it’s the same thing with CAA. Pick a date and if it’s not done by then per some sort of – you know, obviously you want some kind of independent what do they call those people, accountants or something? Forensic? I don’t know. Whoever decides how much a company owns–

**John:** An auditor.

**Craig:** Yeah. An auditor. Right. So some auditor will at that date look at it and go, yeah, they did it, or no, they didn’t. And then the WGA – but I don’t see the difference. I mean, is there a reason that the guild is more nervous about faith in that as opposed to faith in the sunset of the packaging?

**John:** That’s a good question. I think – let’s take a look at it. Sort of where is the information and how do we find out the information about ownership of the company versus involvement in a packaging deal. Yeah, I guess you do need some outside way to assess both situations. And so they’re similar in that way.

**Craig:** Yeah. I would be infuriated – so my normal position is just anger. But that’s I wake up angry. That’s no big deal. But I would be infuriated if CAA agreed to all of these things and said that they would reduce down to 20% and would be willing to do so in some reasonable amount of time a la the packaging sunset. Because, I mean, changing the ownership of a company is a fairly complicated thing to do.

**John:** No, TikTok, simple.

**Craig:** You just need the president to write a thing. If the guild said, yeah, well come back in two years when it’s done and then you can have your clients back I would be infuriated. And that would seem unfair and punitive. Like a singling out. I don’t think we want to be in that business personally.

**John:** And you need a date and you also need really clearly defined terms of what ownership means. And so there can’t be hanky-panky in terms of, oh, it’s a shell company that does all this crazy stuff. That’s why I do feel like you need some sort of outside auditor who is looking at this thing and really setting–

**Craig:** Well can I ask you – I’m going to flip the question around a little bit. We at the union have had a year and a half to be thinking about this. This is a term that we’ve asked for since the beginning. Do we not have already a kind of written up definition of how that would work since it’s a term that we’ve been asking for all this time?

**John:** We do have very specific language in terms of what we’re looking for.

**Craig:** Great. Terrific. Well, hopefully that works.

**John:** But also I think in the guild communications it has been very clear that it’s not sort of the guild’s responsibility to tell you how to wind down this thing. So the actual process of how you’re going from where you are is kind of [unintelligible] to the state you need to be at. That’s not our job to sort of solve your problems.

**Craig:** Seems pretty simple to me. But I’m merely a caveman.

**John:** So it feels like it’s up to the people sitting around tables figuring all that stuff out now.

**Craig:** And this would be – I think people are desperate for some reclamation of normalcy in their lives. A lot of us, I include myself, were CAA clients who would like to return. It’s not so much that we have this great fondness for the building or the corporation, but rather we have individual longstanding year-long, decades-long relationships with our individual agents that we want to return to. So, this is something that a lot of people would just like to have back, or at least would love the choice to have their agent back. And the same goes for all of the people represented by WME. I have no idea what the deal is with WME at this point. I assume that they are on the same track. I don’t know how they couldn’t be because this is the track. There’s one track.

**John:** One track.

**Craig:** There’s one track.

**John:** Let’s do some follow up. So last week in the episode you missed we have a listener named Niko. He pitched an idea for a series and then the day the episode dropped we got some follow up from another listener. So, let me play Niko’s follow up.

**Niko:** Hi John and Craig. It’s Niko Jacques, the Weezer guy from last week. Thanks for having me back on the show to follow up. Shortly after Episode 468 aired screenwriter Ian Sobel linked a Deadline article from August 2014 with the then Breaking News that Rivers and Psych creator Steve Franks sold a pilot to Fox called Detour. It set up a fictionalized account of Rivers’ return to college via character insert with a different name. It was completely shot but was never picked up by Fox.

It’s an unfortunate but common occurrence in the TV world. This actually bodes well for my idea because it shows Rivers’ interest and openness to a depiction of that part of his life. And the description of the pilot is so different from what I’m getting out of the real life story.

Detour’s punny title alone indicates a tone closer to Community, while I’m going for something like The Social Network meets 8 ½. Key differences are that my spec isn’t serialized like Detour. I’m writing to feature the character, Rivers Cuomo, himself. And I want to portray his creative process that led to the abandoning of his ambitious but ill-fated rock opera written on dining hall napkins. You can say it’s a bit different.

I’ve concluded that I’m going to finish it on spec and keep it as a writing sample. Although the rights ultimately belong to Rivers and Fox you guys have made it abundantly clear that I have a right to tell this story and I will. Odds are slim to none that my idea’s fate is any better than Detour’s, but I’m going to write a series that I’d like to see. That is why we write after all. Hashtag Weeze Writing. Thank you.

**John:** All right. So, Craig, I don’t know that you actually listened to last week’s episode.

**Craig:** You know I didn’t.

**John:** So, Niko’s pitch was for something that both Ryan and I really, really loved. So this is the front man for Weezer. He goes back to college to finish college. And so he’s already a rock star but he’s living in dorms again and sort of what that life is like. And so Niko was asking is this a thing that he should write as a spec or is this a thing that he should try to pitch. And so we said spec the hell out of this unless you actually have Rivers Cuomo there with you to go out and do that pitch.

So, what I love about this is he got some real time follow up that like, oh, that is a good idea. They actually already pitched that idea. It was actually already shot as a pilot. And what I like about Niko’s reaction is like, OK, yeah, that’s great. Even if this thing can’t sell I think it’s something that is going to show my writing well and can be a really good sample.

**Craig:** Yeah. I mean, this is a song that we’ve been singing for god knows – how long have we been doing this, like in years?

**John:** A zillion years.

**Craig:** A zillion years. So somewhere around year 50 of a zillion we started saying this and I think it is still true, you are writing to be noticed. You are writing to attract interest in you as a writer. It is not necessarily going to work the way it used to back in the day where it is the writing itself that will be bought and made. It sometimes is. And I would also say that if it’s so good, if it’s so undeniably brilliant, then they’ll be like, “We’ve got to go figure out how to get the rights and work this out.” But really it is about the writing and you. And a great calling card for yourself. So it makes total sense.

And certainly it helps that you know going in that this is something I’m not confused about. I know how this functions.

**John:** Absolutely. And another thing we brought up is that this feels like the thing that if the good version of this script ends up on the Black List at the end of the year because people like it a lot, there’s a long tradition of biopics where you don’t have the underlying rights showing up on the Black List and getting passed around. So there was a Matt Drudge script. There’s a Madonna script. There’s a history of this. So this feels like it’s part of that trend. I say go for it Niko.

**Craig:** I mean, you can write a biopic about anybody without any rights as long as you stick to what is public knowledge, public information. You want to go a little further than that then, yeah, you could run into trouble. And of course the other issue is you just got to watch out for defamation and so on and so forth.

But as we have also said somewhere around year 70 of a zillion if there’s any kind of legal ambiguity and a studio or network or streamer wants to make it, they will assume that risk. As long as you’ve disclosed it to them clearly they’ll make a legal judgment and then it will be their issue because they will be the writer of record. They will be the author.

**John:** Speaking of biopics and Madonna, this last week it was also announced that Diablo Cody is writing a Madonna biopic that Madonna herself will direct. I’m absolutely fascinated. Diablo Cody is–

**Craig:** I just want to chart my reaction to this. If there were a little line chart as you spoke, so on the bottom axis is time and the top axis is interest level, my interest level with Diablo Cody it went up, is writing a biopic, up, of Madonna, way up, that Madonna is directing, straight down.

**John:** Yeah. It’s a challenging combination of things. And Amy Pascal is producing it. So, a very talented producer. A lot of complicated things all together and we’ll see how it goes. I am absolutely fascinated to see what’s going to become of this because Madonna’s life and her rise is so fascinating and spectacular and we were kids during it, so we got to sort of see the whole thing happen. And it does feel very resonant to a social media star of today. I think it could be fantastic.

So, the difference though between the Black List script of Madonna where she didn’t sign on to it and this one is that the person can get all the music rights. Access to things in Madonna’s life that would not be public knowledge and you could just do things you couldn’t otherwise do.

**Craig:** Right.

**John:** And so it’s going to be great to see. And I mean Diablo Cody is such a great writer. We just watched Juno – my daughter wanted to watch Juno this last week and we watched it again. And it’s just so smartly done. And so smartly written. I’m fascinated to see what Diablo can do to a biopic story like this.

**Craig:** Yeah, you’ve got a big plus and a big minus. The big plus is that like you say you have access to all of this stuff of Madonna’s life that you wouldn’t otherwise get from public record. The downside is it will all be filtered through Madonna. So, A, who knows if she’s going to be – I don’t know what a version of her own life. We are all somewhat fabulous when it comes to ourselves. But also it can, you know, the trick is how do you keep somebody from making their own hagiography and just essentially making a movie about how they’re great.

So I’ve never seen, I don’t think, a good – anything like this that’s good that is directed by and controlled by the actual subject of it. That is fascinating.

**John:** Yeah. The closest is probably the Queen, the Freddie Mercury biopic this last year, because Queen actually had a lot of control over it. But they weren’t directing it.

**Craig:** OK. That’s right. But they weren’t directing it. That’s fascinating.

**John:** And also Elton John had a lot of control over Rocket Man. And that–

**Craig:** Yup. But wasn’t directing it.

**John:** Was not directing it. And so that definitely is a thing. So, you’ve got to balance out the Amy Pascal/Diablo Cody factors and Madonna directing it. Challenging. Really challenging.

**Craig:** Yeah. I mean, well, we’ll see how it goes.

**John:** I want to see the documentary behind the scenes. That would be just as fascinating.

**Craig:** That would be good. And if Diablo would direct that, please kindly. Thank you. That would be amazing.

**John:** That would be so, so good. All right, big topic for this week is loglines. And so loglines are a thing we’ve kind of avoided talking about on the show for 468 episodes because they’re just not that interesting to us and they’re not a thing that screenwriters actually write. So, I did a blog post this last week about loglines and basically defined them. So loglines are the one or two sentence description of a story or a screenplay. And the very classic form is when inciting incident occurs the hero must face a challenge against this antagonistic force for the stakes. That’s a really classic sort of like pattern to what loglines are.

They’re a thing that I wrote a ton when I was a reader. So that first page of coverage there’s just a logline there that just describes what it is. It’s like a TV guide sort of description of things. Once I became a professional screenwriter I never wrote them again.

**Craig:** Yeah.

**John:** But aspiring screenwriters often write in saying like, hey, talk about loglines or what’s a good logline.

**Craig:** I know.

**John:** And it’s like I don’t know. I don’t write those things.

**Craig:** I know.

**John:** But aspiring screenwriters are writing them I think because they are applying for competitions or they are emailing producers or potential managers and they’re supposed to put in these one sentence loglines for things. So I thought we’d actually talk through what loglines are and what they aren’t.

**Craig:** Yeah. I had to sort of write one recently. When we were putting the press release for The Last of Us HBO said can you – we’ll take a stab at it, but what’s your version of how we actually describe this. Without saying logline they were basically saying what’s the logline of this thing. I mean, the nice thing is when you’re doing it for a press release you don’t have to structure it in this very formal way. Because you’re right. There’s something so weirdly concrete about how loglines have functioned. When blank…or blah-blah-blah-blah. That’s kind of the weird – it’s like the way newscasters speak in that strange cadence. Loglines have their own cadence. They are artificial. And they’re essentially nonsense.

For some bizarre reason the kind of thumbnail sketch summary that people probably filled into a log as if to say we have received–

**John:** Oh it really was a log.

**Craig:** Yeah. It was just like we have received this about this. People now think that that somehow is going to determine whether somebody reads something or not. I think we probably are beyond that at this point. Loglines are stupid. In fact, the better the logline the worse I suspect the script will be.

**John:** So, getting back to this idea that loglines were literally written down into a thing, as I was going back through my stuff to figure out what loglines did I write I have these spreadsheets of the coverage I did. And so it was a database that would print the title page but also can just show it as a spreadsheet. And so I just have lists of these loglines for different things.

And so this was the first one I think I ever wrote. Which is when a prize-winning journalist makes up a source she pays an ex-con to be her supposed poet laureate. That was for a script called Pulitzer Prize by Sam Hamm who wrote Batman.

**Craig:** Sam Hamm.

**John:** So that was a piece of coverage I wrote for Laura Ziskin way back in the day when she was teaching one of my first screenwriting classes. That logline which is a very classically structured logline, when hero and antagonist situation. I don’t want to completely dismiss it because it gives you some sense of what it’s about. But it’s not story. It’s not a pitch. It’s basically just like an arrow pointing towards there’s a story here somewhere without any details, without any specifics really. It’s pointing towards a general story area. And that’s really all a logline can do.

**Craig:** Yeah. I’m not sure why everybody gets so worked up over it. Well, the same reason I think they get worked up over query letters. It’s all very out of date.

**John:** Yeah.

**Craig:** We live in a time where the way we transmit media information to each other is faster, it is plastic, meaning it changes constantly. And somehow people who are aspiring to be screenwriters insist on obsessing over these methods that date back to mimeographs. And it makes no sense. And I can only presume it is because a lot of the people that are doing this have learned to do it from people who did it that way once or who just keep passing this along as received wisdom when it’s no longer really a thing. If I were writing a spec script today I would not write a logline at all. I would make a trailer. And it wouldn’t even have to be a trailer of like I’m going out with my phone and I’m showing fake explosions. Maybe it’s just text. Maybe it’s a single scene with somebody reading it. I would just try and be creative. And then make people be interested.

And then just say, here, read the first ten pages now. If I can get you to read ten pages that’s so much better than you reading a logline I can’t even explain.

**John:** Absolutely. Because it’s the thing itself.

**Craig:** Yeah.

**John:** You’re able to tell does this person actually have writing talent. Can this person tell a story on the page?

**Craig:** Yes.

**John:** Visual communication ability. All those things which are so crucial a logline doesn’t do. And so I would say like as you are trying to get staffed on a TV show the producers aren’t looking through your loglines. They’re looking through can this person write.

And so while – and people are going to write in saying like, oh, the logline was super important for me signing my manager, all that stuff. So I do want to talk about loglines in the sense that they may be a necessary evil for some people in certain circumstances. But they’re not the real thing. Professional writers aren’t writing query letters.

**Craig:** No.

**John:** They’re not writing loglines. It’s just not a thing you’re going to do after this first stage, so maybe don’t stress out so much about it because it’s not – just because it’s a thing you’re doing right now doesn’t mean it’s actually the thing itself.

**Craig:** That’s right. And don’t be afraid to be brash, to be ambitious, to be meta, to be sneaky about it. Because your logline if you are writing a traditional longline, well, it is competing against every other molecule of logline water in the ocean. And I don’t know how it could possibly stand up. I legitimately don’t understand how any of these loglines rise above any other since they are essentially empty advertisements for some reductive version of a story.

So maybe there’s – what’s the anti-logline? What’s a weird logline? I’m going to give you three words and you’re going to have to read for the rest. Be creative. I mean, that’s what people are looking for. Are they not? I assume so.

**John:** So I’m thinking back to last week’s episode, let’s talk about Niko’s pitch for – it wasn’t even really a pitch, but Weezer front man goes back to college. And that could be a logline. There’s a logline version of that. That’s a good idea. And so there is something about some ideas synthesize down to say like oh that is intriguing, I see what that is, I’d be curious to read that. I don’t want to go so far to say if you cannot summarize your story down to one or two sentences that you have a problem. I don’t think that’s actually true. Many of the things I’ve written don’t summarize down to one or two sentences especially well.

But there are certain, especially high concept ideas, that are hooky in one sentence because – where the premise is essentially why you would read this thing.

**Craig:** Yeah. I mean, this is the Sushi Nozawa method. So here in Los Angeles there’s a group of restaurants, Chef Nozawa. If you like it it’s delicious. And he popularized a kind of Omakase where it’s just called Trust Me. That’s what it’s called. Trust me.

Now, at the time that Trust Me came along menus in Los Angeles were turning into small novels. Novellas. With paragraphs describing every freaking ingredient. And it was so refreshing to not only not have that, but to not even have a choice. Hey, trust me. Sit down and trust me. You’ll get food and then you’ll go home and you’ll be happy. And that may be your best move on certain loglines. You can just say this is a story of Coal Country. Trust me, you’re going to want to read this. That’s a better logline to me than when a down on his luck union laborer finds that the mine has closed he needs to raise money to save his blah-blah-blah before such-and-such and the blah-de-dah.

Ugh. God. Get me my noose. I need to end it. I do not want to read anymore.

**John:** Let’s talk about the other use of loglines which is really the situation you’re describing which is you have to announce something in the trades. You have to basically publically sort of say this is a movie about this. And Keith Calder and other previous guests on Twitter were talking about, oh yeah, it’s totally the thing the producer is doing at 10pm the night before the press release goes out is trying to hammer out some logline for what the thing is. And I’ve definitely encountered that myself.

So it’s a tough thing because you’re trying to describe a future movie in a way that is interesting and exciting and makes it clear why you’re doing this thing without giving away crucial points, crucial details. It’s tough. And you’re trying to finesse things. And everyone has opinions. It’s hard to find what that is.

What was your process in terms of figuring out the essentially logline for Last of Us when that announcement went out?

**Craig:** First of all, it’s a good thing for the writers to be involved in this. I always tense up a little bit when I hear that it’s the producer, the non-writing producer doing this late at night. I just want to go just let the writer do the words. You certainly can have input. That’s the nice thing about in television you are the producer. So I’m looking online at the Hollywood Reporter. This is the paragraph that includes – I think what they did is they rolled the logline-ish that I wrote along with HBO into this paragraph. So it says, “Sony and Naughty Dog’s The Last of Us which bowed in 2013 garnered critical praise for its engrossing tale of the post-apocalypse centering on the relationship between Joel, a smuggler in this new world, and Ellie, a teenager who may be key to a cure for a deadly pandemic.” Then I think they switch over to what we did, “Joel, a hardened survivor, is hired to smuggle the 14-year-old girl out of an oppressive quarantine zone. What starts as a small job soon becomes a brutal, heartbreaking journey as they traverse the United States and depend on each other for survival.” And mostly I think what I was concerned about was making sure the word heartbreaking was in there. Because I don’t care about the rest of it. The rest of it sounds awful. I’m going to be honest with you. Like if I’m reading this and I’m like, oh, it’s a pandemic and it’s post-apocalypse, and he’s a survivor, and they have to struggle? Who cares? Legitimately who cares?

The word heartbreaking signals that none of that is actually the point. That there is something else going on that is far more interesting. And it’s the reason why people care about that story. Otherwise I wouldn’t be doing it. No offense to post-apocalyptic hardened survivor stories, but that’s ultimately I’m not necessarily into survivalist porn. It’s not my thing. What’s my thing is character and relationship. And that’s what I needed to kind of be there to let somebody out there know it’s not just like – this is not what you think.

So, in that regard I probably should have done the logline I described. Trust me. It’s not that. Trust me.

**John:** But what you’re talking about though, that logline is for somebody who is not you. And so the point I’m trying to make is loglines are for other people. And they are just there to provide a handle for other people to grab onto this idea, this story, so they have just some sense in their mind about what this thing is. Because without that it’s just a title. They really can’t do anything with it.

So, you’re trying to give just enough that they can hold onto, but it’s not – I don’t want to conflate or confuse them with a pitch. Because a pitch is really, like when you’ve done the pitch competitions at Austin, you can really tell the people who can sell you a story and really get you engaged into a movie and really make you feel like who those characters are and what their situation is. A logline is just not going to do that. A logline is only, again, just an arrow pointing towards what that pitch might be.

**Craig:** Yeah. Absolutely. Absolutely.

**John:** So we got a question from Kate. She writes, “After reading your article on loglines and listening to the pitch or spec episode of your podcast I wanted to ask your opinion on one of my projects please. There are two options for the logline. Option one, for most winning the lottery is a dream come true, but for one shy retiring social worker money can’t buy her true desire. In fact, the win brings death and despair to her door. That’s option one. Option two, after spending millions, Charlotte Eames discovers her husband’s big lottery win was a lie. And now her husband has disappeared.”

**Craig:** OK. I have a strong preference.

**John:** I have a very strong preference. My strong preference is for number two.

**Craig:** Is it really?

**John:** Yeah.

**Craig:** My strong preference is for number one.

**John:** That’s so amazing. That’s so great. So tell me about why your strong preference is for number one?

**Craig:** I liked the fact that I don’t know this person’s name, weirdly. I get this weird thing about names as like somehow it’s like fake information. The name Charlotte Eames means absolutely nothing to me. But I do like that I know that she’s a shy retiring social worker. But I like that it brings death and despair to her door. I have no idea what comes next and I don’t know necessarily what she’s going to do or why. But death and despair to her door, that could be – is this a supernatural story? There’s so many possibilities of what this thing could be that I’m intrigued beyond what I hope it’s not, which is another kind of – I mean, we’ve seen a thousand monkey paw stories about how the lottery backfires on you.

**John:** The things you like about the first one are the things that drive me crazy about the first one.

**Craig:** See, this is why loglines suck.

**John:** So it’s so vague and hand-wavy. It’s like death and despair. I don’t know. So, things I do like about the first one, a shy social worker, I think that’s more helpful to me than Charlotte Eames. Because Charlotte Eames, that’s not information that’s actually useful to me in the second one. But after reading the second one I have a sense of what the story is. And that is helpful to me. That I know like, OK, I can see the ways that this story can go. Versus the first one is just so vague. It could be anything.

**Craig:** It occurs to me that maybe I like the first one because I don’t like the story of the second one.

**John:** That’s fair.

**Craig:** The second one when I read through it I think so this is a story basically about filling out bankruptcy paperwork. Because that’s what would happen. Just like, OK, so it turns out I overspent money, I’m maxed out my credit cards, I need to go ahead–

**John:** No, no, it’s about a shy retiring social worker tracking down that ex-husband and making him pay.

**Craig:** But how? He doesn’t have it either. It’s going to be bankruptcy. [laughs]

**John:** Maybe it’s not really about the money.

**Craig:** H&R Block Presents the Charlotte Eames Story. What happens when one woman–

**John:** So unfortunately for Kate–

**Craig:** We have no answer.

**John:** We have no answer. We have no firm answer.

**Craig:** Correct.

**John:** Other than the fact that perhaps loglines are not the panacea that you might think in terms of being able to lockdown one clear vision of what you’re trying to say.

**Craig:** I will say this much at least Kate. It’s not like if my job were to pick these things that either one of these loglines would move me one way or the other. I would just sort of go, OK, lottery story. Let’s read and see what it actually is.

**John:** Yeah. Trust me.

**Craig:** Trust me.

**John:** All right. Let’s get to some more questions. So this was a question from Nicole. Do you want to read this?

**Craig:** Sure. Nicole says, “I’m teaching undergrad screenwriting this semester and a student has a formatting question on researching. The student’s first language is ASL. He is hearing but his parents are both deaf. And he is writing a short with one deaf character that he will shoot at some point.” I think Nicole points that the film will be shot, and not the deaf character. So we got to talk about sentence structure here. [laughs] This is really important. I’m going to rewrite your sentence. The student’s first language is ASL. He is hearing but his parents are both deaf. And he is writing a short that he will shoot at some point with a deaf character. “He will also be writing a feature horror with deaf leads later in the semester. He would like to write versions of his scripts with the deaf character’s dialogue written in ASL Gloss. Meaning the dialogue would be written the way the actors would sign it for auditions and/or for going out to talent.

“Here’s a quick breakdown of what ASL Gloss looks like and how it works.” And we’ll have a link in the show notes for that. “I gave him the standard advice for when some of the dialogue will be performed in a non-English language to use in the all-English written version but now we’re wondering if there’s precedent for ASL Gloss in written dialogue. Since you have such a wide reach I thought maybe you could boost the signal and help me find somebody to connect with about it.”

**John:** Indeed we can. So first off I would recommend everybody do click through this link in the show notes. It’s what ASL Gloss looks like. Because it’s really cool. It’s a little slide show that describes what ASL Gloss looks like. And so there’s lines over certain words to indicate eyebrows going up. Because that changes the meaning of certain things in ASL. Also word order is different in ASL. So, I mean, ASL is its own thing. And it’s super cool language that doesn’t track one to one to English which is great. It’s designed for a very specific purpose.

But, yes, we do actually have the resource to go to, Shoshannah Stern, who was on our Christmas episode is a deaf writer and actor. So I emailed her and she says, “Sure. I wouldn’t encourage it for writers who aren’t fluent in ASL themselves. Or if there isn’t a clear rationale behind the inclusion. Most people wouldn’t know what it is, so the Gloss would probably need to be addresses/explained in the script at some point, which is why most of the time I just italicize signed dialogue and have the ASL master handle the translation with the actor.” So the ASL master is the person who is working with the actor to decide how the ASL is going to be handled.

**Craig:** Right.

**John:** She says, “If the writer decides to include it they also probably need to make sure that it’s accessible to the non-ASL using reader. For example, on the couple of occasions I have used Gloss in my scripts I have made sure it’s accompanied by an English version for the purposes of an easier read.” So, a thing you can do if it’s helpful, great. But it seems like Shoshannah’s advice is because everyone else is going to be reading this script, too, maybe just do the English version and maybe do a special version with Gloss if there’s really specific ways you want that Gloss to be handled.

**Craig:** Yes. I completely agree with Shoshannah. And it seems like the most practical method. There are times when I will include a foreign language in a script meaning in the dialogue itself italicized. I will have words that are not English. And the reason I have those there is very specifically because I don’t want the audience to have the translation. That’s why. Meaning your experience watching this will be that somebody is speaking English and then they’re going to turn to their friend and say something in for instance Arabic. And you unless you happen to speak Arabic won’t know what it is and that’s OK. Not required for you. That’s why I do that.

If the point is that this will be translated through subtitle or by somebody who is translating ASL into verbal speech. I don’t see the point of doing it this way other than to kind of flex and say, look, I know this other thing. But that’s not really – I mean, always remember that the purpose of a screenplay is to be as functional as possible while being as artistic as possible. So I think Shoshannah’s method makes the most sense. I would use ASL Gloss only in situations where the point was that somebody who was not an ASL speaker was trying to follow along an ASL conversation between two deaf ASL speakers and failing completely and that we are in their perspective and we don’t know what’s being said. Then I would use it.

**John:** Yeah. That makes a lot of sense. And again that’s the same thing you would do for a foreign language. If the point was the character who doesn’t speak the language is trying to keep up with it.

**Craig:** Yup.

**John:** All right. Questions about lawyers. So two of them sort of came back to back. Anonymous in LA writes, “Recently I’ve optioned two of my projects back to back and found it difficult to get a good lawyer. I first turned to Reddit. Was recommended a young LA attorney who offered a flat rate of $540 for a red line and review. Let’s just say he took a poorly written copy—“

**Craig:** [laughs]

**John:** “Let’s just say he took a poorly written copy and paste agreement and made it worse.”

**Craig:** That’s awesome.

**John:** “In between I spoke to a few lawyers who claimed they could do it but had not film industry experience. After that I went through my limited network and found a ‘good’ LA lawyer at a reputable firm. A solid $600+ an hour.”

**Craig:** Wait, what?

**John:** “With someone who understood where I was coming from when we spoke once on the phone. It worked out, but I question whether someone else would be better in the future. Being a non-WGA, not represented or managed writer, trying to turn in scripts into films, what advice do you have for first time writers looking to find good legal representation?”

**Craig:** Don’t turn to Reddit.

**John:** Yeah. Reddit feels like a bad place to start for me.

**Craig:** Yeah, like what? Why? And nothing against Reddit. I don’t want Reddit to turn against me and destroy me. I really don’t. There’s all sorts of good purposes for Reddit. I’m just not sure that this is one of them. So, with all things you get what you pay for. I don’t have any particularly good advice other than to look around at some of the better known entertainment law firms in Los Angeles and call around and see who might be willing to take on a prospective client. You would certainly get an associate. You wouldn’t need more than an associate it sounds like to me. Options are generally speaking not complicated agreements. There’s a billion examples. And the nice thing about going to a place that’s a large entertainment law film is that that associate can always check through the files of all their other deals to make sure that something obvious is not going wrong or has been left out.

And, yeah, presume that you’re going to spend maybe a thousand bucks or something like that. The purpose is to protect yourself, of course. But, yeah, I don’t understand why you would go to Reddit, because who is recommending this young LA attorney to you? Do you know the person or are they just a rando on Reddit saying oh I love this person. It could be them saying that. You know how it is. That just seems a little nuts. Like I don’t go looking for doctors on Reddit.

**John:** No.

**Craig:** Maybe I should.

**John:** I wish I had fantastic advice for Anonymous, but I really don’t. But I feel like we may have some listeners who do have some good advice. Who may have gone through this more recently and actually have a sense of how they found a lawyer who was right.

So I don’t need specific names of people, but I really would like to hear what was your process. Because I signed my lawyer more than 20 years ago, and you’ve had your lawyer for forever I’m sure, too.

**Craig:** Since the beginning.

**John:** It’s not the same process. But I would have had the exact same questions. And I got my lawyer through my agents. It was a recommendation there. So, there’s got to be other ways that people are finding lawyers right now, especially folks who don’t have other reps. So, write in. Tell us how you got your lawyer and if you’ve been happy and any other tips or advice you might have for anonymous and our other listeners.

**Craig:** That sounds great.

**John:** Cool. The question about options. We may have opinions on this.

**Craig:** OK. Matt writes, “I’m a budding screenwriter and I have an option agreement from my producer in my inbox. Some of the wording seems off to me and I was hoping you could shed some light on it. Just to start off on the right foot the spoken agreement we have is the gold old James Cameron Terminator style option. I give them the script with the provision that I direct it, give it to them for a dollar. My worries are they want the right to ‘use any part of the film or sequel in future works or promotionals.’ Shouldn’t that wait for the purchase agreement? Especially the part about the sequels? There’s an article that says ‘should preproduction be halted or interrupted by epidemic fire, action of the elements, public enemy, strikes, labor disputes, governmental action, or court order, act of god, wars, riots, or civil commotion.’” So in other words 2020. [laughs]

**John:** Yeah. Indeed. Should 2020 happen…

**Craig:** “’Then the time lost during those actions will be added to the end of the option thus extending it.’ Is that normal? They want to be able to set up copyright in their production company’s name. Shouldn’t it stay with the writer unless it’s purchased? They have a provision that reads, ‘The writer will indemnify and hold harmless the production company, its directors, officers, employees, agents, licensees, and signs from any claims, actions, losses, and expenses including legal expenses occasioned either directly or indirectly by the breach or alleged breach to any of the above representations, warranties, or covenants.’

“This feels like I’m giving up my right to do anything should they breach the contract. Is that right?”

**John:** Yeah. So, all of your concerns are understandable and valid. Let’s talk about what option agreements are. So options are you’re buying a thing but sort of not paying for the whole thing right then. So it’s a purchase but it’s not a purchase. There’s a time limit. They’re not paying the full amount right then. So it’s not weird for some of this stuff to be in there. But you’re going to want to listen to the episode where we actually had people talk about how they got their lawyers because I do feel like you’re going to want to have a lawyer look through this.

**Craig:** Yeah. I don’t generally like what I’m hearing. The stuff that concerns me the most is the idea that they’re going to set up copyright in their name. Yes, it should stay with the writer unless it’s purchased. Typically the option is for the producer to have the exclusive right to shop this to people that would then become the copyright owners, meaning studios, networks, and streamers. So I don’t understand that.

**John:** There’s a shopping agreement and then there’s an option. So the option is really they can at any point sort of exercise their option to fully purchase the thing.

**Craig:** Right.

**John:** That is probably more of what this is.

**Craig:** Yes.

**John:** And if they fully do that then, yes, transfer the copyright to them is going to be part of that because that’s your chain of title. That’s a thing they actually do need to do.

**Craig:** But there’s a big number attached to that. And you haven’t told us what that is. You just told us about the dollar which is generally speaking that’s that thing. It’s the kind of exclusivity where they don’t have to give you any money. Yeah, I don’t know about this indemnification. That seems like a lawyer thing to look at.

The halted or interrupted by acts of god and all that other stuff, yeah, yeah.

**John:** Force majeure. I don’t know that it makes sense in this thing. In other agreements you will see stuff that does postpone and extend.

**Craig:** I’m not sure it matters. I don’t love it. I mean, so halted or interrupted by epidemic, well, F-U man. Because you can do your job in your place with your mask on. And, no, you can’t use things like COVID to say oh now we’re going to extend our agreement for five years. Well, you can pick up your phone and do your job as the selling producer at any point during an epidemic. So, no.

**John:** All right. A question about formatting. Wendy writes, “Several of us are wondering what is the best way to format a Zoom call in our scripts. This can get very complicated when there are 16 or more windows/characters onscreen.” This actually feels very addressable and very relevant to today’s world.

**Craig:** Yeah. Probably lots of different ways to do it. I mean, my instinct is that I would do it pretty much the way I would do any meeting scene, the only difference is that I would leave out anything that would happen in a meat space meeting scene. Meat space.

So, Zoom call. And everybody is on. The camera will move essentially just like coverage, right? We did this on Mythic Quest. There’s the grid view, which is sort of like your wide shot or your master. And then it just occasionally will go into coverage, meaning speaker view. And then the meeting proceeds. That seems pretty much the way I would do it.

**John:** Absolutely. So really you’re thinking about an extra space. So, you know, if you are in the room with some of these characters and sort of we’re in their bedroom as they’re talking on Zoom, or in Mythic Quest when we were in Craig’s office, for some of that stuff there probably was a slug line for his living room or his dining room table where he was at. But there’s also probably a slug line that is just basically the Zoom call, or the grid view, and the characters are just in that space together. And that tracks and makes sense.

Just don’t make it more complicated than it needs to be. Ultimately if characters are having conversation they’re just having conversation. And you can use – if there’s special Zoom stuff that happens you can call that out, but most stuff is just kind of normal people talking.

**Craig:** Yeah. I don’t even think – I mean, depending on what it is and how you want to do it, it’s all about perspective. If the idea is that a character is going to walk into a room, sit down, set up their laptop, take a breath, prepare for a difficult Zoom meeting, and then log on, then yes, you’re going to want to establish that in that room, in that space, and then you go into the Zoom. For something like just we cut to a Zoom screen, then where people are individually within the Zoom is not relevant. You can describe it. If their background is relevant you can mention it. But otherwise you’re just in the Zoom meeting.

**John:** Yeah. But like in Craig’s episode of Mythic Quest the actual layout of the final big Zoom call was important because there was stuff that was happening frame to frame to frame. So that’s a thing you would describe. But most movies, most times you’re doing a Zoom kind of thing you’re not going to describe what quadrant people are in Brady Bunch style. That’s just not going to be useful information.

**Craig:** Correct.

**John:** Cool.

**Craig:** Chandler in New York City writes, “How would you go about determining if a screen adaptation of a true and high profile event from recent US history is already being adapted for the screen? The event I’m interested in adapting was the subject of much news coverage in the ‘80s,” so what is it, the girl down the well you think? “And a few award-winning docs.” Probably not. “And in-depth newspaper pieces, but none of my Googling IMDb searches or asking around has revealed anyone adapting it for scripted film or TV.”

Do you think it’s Chernobyl? Maybe it’s Chernobyl. And Chandler just doesn’t know.

“It would be very timely given our current political climate. So it could just be happening now. Any tips on how best to research this before undertaking the endeavor?”

John, what do you think about Chandler’s query?

**John:** I think you are just Googling. And I would say Google all the different parts of it and just try to look for any news that someone has optioned a book about this, has optioned any people’s life rights. People aren’t really all that good about keeping stuff like that quiet. And so if some major place was going to try to do it, if [unintelligible] was trying to make some version of that it likely would be out there somewhere and you could find it.

But you might not. And that’s also the reality of it. I’m thinking again back to Niko. If Niko had Googled he probably would have been able to find like, oh, the Weezer guy did set up a pilot that shot about his life and he might have known that and might have decided not to write the thing. But he wrote the thing and it’s good that he’s writing the thing. So, I would say it’s useful for you Chandler right now to do some Googling and see what other people are doing, see if there’s any big books about this topic that have been optioned to get a sense of what the landscape is. But don’t waste a week of your time doing this. Just do a little research on that.

**Craig:** Yeah. I mean, the answer generally speaking to your question is an event from recent US history being adapted for the screen, the answer is generally yeah. Yes. It has been already. And it’s being done again. Maybe you haven’t seen it actually come to fruition. Certainly when I was writing Chernobyl there was at least one other high profile Chernobyl project in development. And it doesn’t matter. Because there have been multiple Edward Snowden movies. There have been multiple – everything gets multiple coverage on these things. And so, yeah, I mean, I’ve seen more than one Hoffa movie and you just go about doing it. Your version of it is the value.

And, yeah, look, at any one given time can you have two movies in the theater about the US Hockey Olympic team Miracle on Ice? No. But there was a terrific movie. Could you do another one now? Yup. You could.

**John:** You could.

**Craig:** You could. So just do it. Just do it and do it as best you can. Because if that other project is super-hot or interesting somebody might just want to grab it to beat them to the punch. Or, as we always say zillions of times it would be a great writing sample.

Yeah, so no real way other than Googling around. But even if you Google around and you’re like oh my god somebody is doing it, you don’t know if they’re doing it at all. People announce stuff all the time. The trades are 98% nonsense.

**John:** Yeah. As is pointed out by this running with the news that CAA signed the deal and they had reached an agreement with the WGA. I love that headline. Oh, reached an agreement. Is it an agreement? It’s you proposing to your wife without – it’s your wife agreeing to marry you without actually agreeing to marry you.

**Craig:** Yeah. I have agreed that my wife will marry me. [laughs]

**John:** Ah, unilateral.

**Craig:** Yes.

**John:** Let’s end on a higher note. Aisha from Los Angeles writes, “The Black List recently announced the Muslim List which is the same vein as their Indigenous List and their Disability List. I’ve been seeing some hate online where people insist that these lists, especially the Muslim list, are only being made because Muslim writers otherwise won’t be able to get any attention because apparently Muslim writers are mediocre. I don’t know what to tell them. It’s not my job to educate them. But it’s 2020 and people still think these lists/programs/labs for minorities will only hurt their chances of success. Stop being racist is the obvious response. Any other details I should throw in there?”

**Craig:** Well, I think – “I’ve been seeing some hate online” and I was like yup. So, look, there is a lot of good things that are happening in Hollywood. There are a lot of positive things that are happening in our world and in our culture. So, in Hollywood a lot of groups of people have been underrepresented and ignored and I would absolutely include Muslim writers in there. The fact that somebody like the Black List is paying attention by doing the Muslim list is a good thing.

And I think that you deserve, Aisha, to enjoy that. Meaning the rest of it, the haters, you can’t fix those people. And first of all a lot of them aren’t even – this is what’s so hard to grasp about some of these people online. They don’t even believe the stuff they’re saying. They’re just barfing. They’re literally barfing out. And they don’t know that you’re a real person. And they don’t know that any of this is actually landing on anyone’s ears.

It is profoundly consistent when I respond to some nut job troll 99 times out of 100 they will say some version of “I can’t believe you’re taking the time to respond to me.” That I’m an idiot for even taking them seriously. That’s how low their self-esteem is while they’re attacking me. And so what I would say to you is concentrate on the positive thing here. There’s nothing you’re going to be able to say to some idiot who is complaining about the Muslim List as if the Muslim List is going to ruin their job prospects which is insane. There’s nothing you can say. The best thing you can do is in your brain hit a big delete button and they’re gone.

**John:** Yeah.

**Craig:** They’re gone. Because these people will write something and stop thinking about it one second later. You will read it and not stop thinking about it for weeks. And that’s the power they have. So my advice to you is don’t worry about what to tell them. There is nothing you should tell them. You are not responsible to educate them, to correct them, to change them. You should enjoy this.

**John:** Yup. And what I’ll say about lists like these is the reason they exist, the reason why Franklin and company do them is because showrunners and other people who hire writers are looking for – they would love to include more people. Find me some great indigenous writers. Well it’s tough sometimes to find those indigenous writers. And so if you have a list of, oh, you want some really good indigenous writers, some really good Muslim writers, some really good writers with disabilities, here. Here’s a list. That’s helpful for them. And it’s because they want to hire these people, or at least meet with them.

So, that’s only a good thing.

**Craig:** Yeah. I mean, we do this all the time in everything else. It’s not like we go, oh OK, well because there’s something like what are the ten best movies of the year. Here they are. List is done. We are obsessed with lists. You know I hate lists. But Americans are obsessed with lists. So if you go on IMDb there’s not just what’s my favorite ten movies of the year. What are my favorite comedies of the year? What are my favorite rom-coms of the year? What are my favorite action movies that star exactly three women and one men of the year?

This is what people do. They break things out into lists. And it’s nice to see that at least there’s some interest in creating lists around underrepresented people. And you know inherently that that’s not hurting anyone. You know all that is is just a nice thing that’s helping people. So like I say enjoy that fuzzy feeling. Feel good about it. Know that – and it’s just one of the unfortunate realities. Decent people aren’t going to say much. They’re going to look at something like the Muslim List and they’re going to think well that’s good. And then move about their day. And if they see the Muslim List come out they will read it and go, ah, I should think about hiring some of these writers.

And then idiots will go, ah-ha, here we go. Blah-blah-blah-blah-blah-blah-blah. And that’s what you see. So turn them off. Like a light switch just go click. It’s a nifty little Mormon trick. I think I could do that much before getting sued.

**John:** I was going to say. The stopwatch was going there. All right, it’s time for our One Cool Things. My One Cool Thing, we’re not a very political show, but sometimes you have to get a little political. And my One Cool Thing I would urge you to save democracy itself. So this is as we approach this election one scary scenario that could come and because it’s 2020 anything could happen. Is that let’s say neither candidate actually gets to 270 electoral college votes, something like let’s say Florida never certifies it’s results. Stuff can happen. And we sort of all know that stuff can happen. And stuff probably will happen in 2020.

In that scenario where neither candidate gets to 270 votes it goes to the House where each state delegation gets one vote. And so right now democrats control 22 state delegations. The GOP controls 26. So in that scenario the Republican nominee, Donald Trump, would win. Which is just crazy.

And so the good news is that it’s actually not too hard to actually flip those state delegations. And so me and a bunch of other folks and other former Scriptnotes guests are throwing a fundraiser for seven specific House racings for those candidates to try to flip those seats. For Alaska, Montana, Michigan, Pennsylvania, and Florida. So, there’s a fundraiser we’re doing October 4, 1pm Pacific Daylight Time. There’s a link in the show notes. It’s not one of those crazy expensive ones like the basic I’m a supporter thing is $100. So, if you are a US citizen who wants to spend $100 as some kind of insurance hopefully to not have one nightmare scenario happen on Election Day come join us for this fundraiser October 4.

**Craig:** Yeah. I believe this was the scenario that occurred in the election of 1800. Where there was a tie and it was thrown to the delegates. If you had to choose, if you had to choose…it’s up to the delegates.

**John:** I’m trying to remember like Veep was a similar situation, too. Veep ends in a tie. And it goes to the House if I recall correctly.

**Craig:** Yes. When I was a kid, which was around the same time you were a kid, we used to get Newsweek. And Newsweek after the election of Ronald Reagan in 1980, well, technically 1979, yes, the fall of 1979, they showed the three different covers they had to prepare ahead of time. And one was Carter wins. And one was Reagan wins, which was the one that turned out. And then the other one was Deadlocked. They had a cover that they created for deadlocked.

Now, in a normal circumstance the deadlock that you consider is just because there’s a mathematical deadlock the way that the electoral votes break out it’s 269-269. And that’s not what this is. What this is is, yes, is it possible? Yes. I don’t like the underpinning panic behind this in the sense that I never like accepting ahead of time that somebody could do something wildly illegal.

**John:** Absolutely.

**Craig:** However, these days I guess we kind of have to presume that somebody is going to do something wildly illegal because that’s the way it’s going. So in that regard he’s correct. And in general I don’t need much of a reason. Right now if he said here is a scary but possible scenario, here is a lovely but possible scenario, here’s just something that I think we should do, I’ll do it. Because that’s where we are. We’re in a situation now where – I have never in my life been in a situation where I could just go, OK, legitimately there is only one rational choice. There is nothing I can say accept you either do this or you’re out of your damn mind.

I have never been like that in my life. At all. You know that. But this isn’t close. So, hopefully you are not out of your damn mind.

**John:** I hope not to be.

**Craig:** Yeah. Oh, and I have a Cool Thing. My Cool Thing has nothing to do with politics.

**John:** Nice.

**Craig:** My Cool Thing, you know, every now and then I like to say oh here’s somebody interesting on Twitter. And you know who I follow on Twitter who I find fascinating? A guy named Chris Stein. Do you know who Chris Stein is?

**John:** I don’t.

**Craig:** If I said music’s Chris Stein? Rock and roll’s Chris Stein?

**John:** I don’t.

**Craig:** Chris Stein, one of the major songwriters/guitarists for Blondie.

**John:** Oh nice.

**Craig:** The great Blondie. And he has a very cool account. He’s a cool guy, obviously. He’s in freaking Blondie. Oh, I love Blondie so much. And by the way huge crush on Debbie Harry. Like as a kid, because that was, you know, they sort of came up in the late ‘70s. I’m like nine. And I’m just starting to look at girls and stuff. And I remember Blondie being like that. I want that. I think that’s a thing now.

So, anyway, and Chris Stein I believe dated Blondie for a long time. So, hats off to Chris Stein for that as well. But he also publishes these old photos that he took of himself and other people around that time, that kind of new wave era, New York City, CBGBs, late ‘70s. And it’s so cool. And there is actually just tying back into the mention of the Madonna biopic, there was just a random photo he had and in it is a very young Madonna who is just part of the scene.

**John:** That’s great.

**Craig:** And you look at her and you’re like, oh man, she looks like she’s 16. And nothing has happened yet to the face or the eyebrows or anything. It’s just a natural human being. It’s a hell of a thing. And so anyway he’s just a great guy. Really smart. And he puts these wonderful photos up. So, well worth a follow.

**John:** Cool. That is our show for this week. So Scriptnotes is produced by Megana Rao. It is edited by Matthew Chilelli. Our outro is by Michael Karman. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions or recommendations for where people should find lawyers.

For short questions on Twitter Craig is @clmazin. I am @johnaugust.

We have a bunch of t-shirts. They’re great. You can find them at Cotton Bureau. You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts. And you can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segments like the one we’re about to record about gaming consoles. Also, the bonus episode we’re going to do which is more of the pitch versus spec. So subscribe now. Thank you to everyone who subscribed.

Craig, thank you for a fun show.

**Craig:** Thank you, John.

[Bonus segment]

**John:** Craig, I am so confused about the gaming consoles and I know there’s a new generation coming out. There’s a new PlayStation. There’s a new Xbox.

**Craig:** Yes.

**John:** I don’t want to buy both. Which one do I buy? Just tell me. Craig, help me out.

**Craig:** Sure. Well, so first of all what’s so special about these consoles to begin with? Because the gaming world has changed quite a bit. It used to be that you basically had two deals. You had the PC where you would buy a game that was designed to play on your PC, not really your Mac. Or a console where it’s just the console was a computer, and that’s all a console is is a computer that does nothing except process the game. That’s it. It has no other purpose so it can devote all of its resources, graphics, memory, everything to the game.

So, generally speaking your consoles are much better computers for gaming than your PCs except some people would take their PCs and go bananas, soup them up, and turn them into gaming engines that were even better than the consoles, because PCs are very customizable. So that was kind of the way it worked. And then you had this whole online gaming explosion with Steam and all the rest.

So the line between console and PC-based gaming systems has blurred quite a bit because of the way people have souped up some gaming PCs. And generally speaking if you’re like a hardcore gamer you’re going to have one of those.

I’m not that person. I’m more of the guy that plays what they call triple A video games. The large video game franchises. So I’m talking about Elder Scrolls, Last of Us, Grand Theft Auto, Ghosts of Tsushima. These big, big games. And those are–

**John:** Titles that cost – the games are $50 or more.

**Craig:** Exactly. They generally are going to run about $60. Assassin’s Creed. All those things. And those are console games. I can’t quite recall how many years we’ve been in this particular cycle. There was the PlayStation 3 and the Xbox. Those were kind of like the beginning of the big wars between Sony and Microsoft. And that turned into the PlayStation 4 and the Xbox 360. And now we are heading – for many years, many years. I think about seven, I think, is where we’re at. We have finally generation’d up. Which is a long amount of time because in the computer world things generation up much faster. But in the console world not so much.

So PlayStation 5 is coming and Xbox Series X is coming. They are both coming by the end of this year, in time for Christmas. They will both sell a lot. PlayStation will sell much, much more I predict because it’s more popular.

The differences between these things. Very little Very, very little in terms of hardware. They are both going to be pumping out – they use almost the same chips inside, with like little tiny differences. Oh, this one uses an AMD Zen 2 with an eight-core 2.5 GHz. And this one uses an AMD Zen 2 eight-core 3.8 GHz. But then the other one has more IO throughput. It’s got a 5.5 gig IO throughput and this one has got a 2.4 gig IO throughput. Whatever.

They’re both going to look amazing. They’re both going to have solid state drives, which are going to go faster than the traditional spin-y drives that we were using before. The output resolution will be gorgeous at 4K, probably 60 frames a second, maybe even 120 frames per second. I mean, it’s all being figured out, I guess.

So, they’re both going to look amazing. What’s the big difference then? Which one should you buy? It comes down to the availability of certain games. A lot of the games are for both. You can buy certain games and it will work on both of them. But then there a number of games that are exclusive to each system.

**John:** For example Halo was an exclusive Xbox I know.

**Craig:** Halo was the big like – that was the reason that you wanted an Xbox, if you really loved Halo. And similarly on PlayStation, PlayStation has more exclusives. The Last of Us is a PlayStation exclusive. PlayStation, just Sony in general seems to make more specific stuff. But then there are plenty that you can play on both. Look, MLB the Show is exclusive to Sony PlayStation and that’s kind of how it works.

In general if I were to recommend, if you could only have one you should get the PlayStation 5 because it’s going to have the exclusives. There will be more exclusives, I think, and it’s more likely that they will be exclusives that you will want. But you know I’m going to get both. You know that.

**John:** So right now I have an Xbox 360 which I haven’t used in years.

**Craig:** Oh god, yeah.

**John:** And a PlayStation which I do use some. I’m just back playing old Diablo 3. I started The Last of Us and it was just way too stressful for me. So, I needed to go back to something really comforting like Diablo where I can just run around and smash things. So that will probably be the one that gets replaced, at least with the 5.

The PlayStation 4 that I have still has the ability to insert a disk in it, but I’ve not inserted a disk in it for a very long time. So it looks like one of the options I have with the Sony PlayStation, there’s just no disk at all.

**Craig:** Yeah. The disks are kind of going away. So people are generally – a lot of people. It’s actually, I’ll take that back. There are a ton of disks. I mean, one of the reasons that The Last of Us 2 was delayed was because they had to deal with the manufacture of disks during the pandemic situation. And, you know, I asked Neil, people still buy disks? And he goes an enormous amount. Particularly overseas where for instance in Europe the PlayStation Network which is the system you would use to download a game was throttled and may still be throttled because during the pandemic essentially the European Union said yeah, yeah we’re not going to let Netflix and Sony just soak up all of our bandwidth while we’re trying to pump out information to people and–

**John:** Schools were online and all that stuff.

**Craig:** Yeah. Exactly. So, a lot of people do still want those physical disks which they can use to install. So, looking at some exclusives on the horizon, there’s going to be a new Halo. So if you’re into that, huzzah. Xbox has Forza Motorsport, so if you’re a big car race guy and you like Forza Motorsport as opposed to Gran Turismo which is the PlayStation one, then fine. PlayStation 5 will have Spider Man Miles Morales and right there I can tell you that’s going to be a massive–

**John:** That looks great.

**Craig:** That will be massive. But then I think Xbox will also have I think it’s the new game from the guys who did Witcher I think, Cyber – should know what it is but I don’t. There’s a new Harry Potter Open World game that I believe will be coming to both platforms next year.

Here’s what’s exciting. Apparently one of the big limitations of the consoles was how they created light. You would enter a scene and essentially as a game creator you would set a light, like a fixed lamp, in place and that was the light for the room. And if you moved around it didn’t matter because the light didn’t move around. The light was fixed no matter where you go and no matter what happens. And for a videogame author like Naughty Dog that makes The Last of Us, if they want to make it cool, like they want to have somebody – as somebody crosses a window they want to create a shadow, they need to specifically animate a shadow in. But now with these new systems they’re using essentially live ray tracing. So, now people walk through the room and the light knows what to do.

**John:** That’s great.

**Craig:** And so it’ll look pretty great. But it already looks pretty great, you know, so. It’s going to be cool.

**John:** So we haven’t mentioned the Nintendo Switch. So I have a Switch that I got at the start of the pandemic. I really love it. It’s a delightful system. I like that it’s just not trying to play in that same space.

**Craig:** Correct.

**John:** They have exclusive titles that are just their thing and they’re great for that. Honestly I mostly play on my iPad. I’m playing Hearthstone on an iPad which just doesn’t matter that you don’t have a great system. You don’t need a gaming PC to be playing Hearthstone.

**Craig:** No.

**John:** But for actual real videogames I probably will upgrade. It sounds like on your advice I will go for the PlayStation 5.

**Craig:** I think so.

**John:** And any existing games that I have, will my PS4 games be playable on the PlayStation 5?

**Craig:** Yes. So there will be backwards compatibility for both of them.

**John:** Cool.

**Craig:** That’s kind of always part of how they roll. You will also see some of the older popular games get remastered.

**John:** One thing I’m definitely looking forward to when I get a new system is that my PlayStation 4 I bought in France and it is region-locked to French for certain things. And so there are times where I’ll get to a place where everything else is in English. I get to screens that are just completely in French. And of course it’s really technical gamey French. It just breaks my brain to try to figure this out. So like Witcher 3 I got there and no matter what you do you cannot get it out of French. It’s a really tough game when you’re trying to follow it that in French.

**Craig:** Witcher Trois. Oui. Yeah, you know, the English in Witcher is also kind of French. It’s strange – there are strange terms–

**John:** Layers stacking on top of layers.

**Craig:** Yes indeed. But Nintendo, yeah, they will keep doing what they do. They’re sort of like you guys fight over there. We’ll be over here. One day I suspect Disney is just going to buy Nintendo.

**John:** Yeah. Nintendo is big now.

**Craig:** They’re huge.

**John:** Disney is huge now, too.

**Craig:** Enormous.

**John:** Everyone is huge.

**Craig:** Everyone is huge. It just seems like talk about a marriage made in heaven.

**John:** Getting really off-topic, Apple had its announcements this last week where they announced the new watch and the new iPad. It’s great. Lovely.

I always thought that Apple should just buy Peloton because Peloton is a really good product and feels very, very Apple-y. And so what Apple did is just like, oh no, we’re just going to make our own Peloton. And they spent clearly a fortune to basically duplicate what Peloton is already doing.

**Craig:** Yup. And they’ll win.

**John:** Totally.

**Craig:** That’ll happen. I mean, that’s kind of the way it goes. It just – Apple came out with the watch, I don’t know when it was, five years ago. And I think a lot of people were like what? Oh, Apple, stupid. They sell so many watches. They are not just the largest watch manufacturer in the world. It’s not even close.

**John:** Yeah. If the Apple Watch were the only product Apple made it would be a giant top tier company.

**Craig:** Absolutely. Yeah.

**John:** And so, again, looking at Sony, looking at Microsoft, when Microsoft was trying to buy TikTok I’m thinking that’s weird. Microsoft, they make Windows. Oh, no, no, they make Xbox, too. They actually do have a big consumer-facing brand. It would have made sense for them to do it. Sony I think of being an electronics manufacturer, but like PlayStation must be such a huge profit center for that company.

**Craig:** Massive. And whereas Xbox has always been tricky for Microsoft because it isn’t their core business. Microsoft has generally stumbled when they’ve made objects other than–

**John:** Zune.

**Craig:** Computers. So they tried the Microsoft phone. LOL. The Zune. [Unintelligible]. And the Xbox has stuck around. The Xbox is a really good product. Don’t get me wrong. I have owned every version of the Xbox and I will buy the new one. I like the Xbox controller generally more than the Sony controller. Oh, the controllers I should add are also changing. There’s going to be more haptic stuff going on.

**John:** Great.

**Craig:** Vibrations and stuff. Yeah.

**John:** Yeah. Cool. Craig, thank you for talking me through this.

**Craig:** Thank you, John. Anytime.

 

Links:

* [CAA Signed Deal](https://deadline.com/2020/09/caa-in-deal-with-wga-1234576395/)
* [Madonna to direct biopic, Diablo Cody to write.](https://variety.com/2020/film/news/madonna-to-direct-her-biopic-co-written-by-diablo-cody-for-universal-1234770633/)
* [Blogpost on Loglines](https://johnaugust.com/2020/loglines)
* Write in to ask@johnaugust.com share advice on finding legal representation.
* [ASL Gloss Breakdown](https://www.slideshare.net/MsAmyLC/glossing-in-asl-what-is-it-eight-examples)
* [Save Democracy Itself! Fundraiser](https://secure.actblue.com/donate/tie-breaker-candidate-fund-1)
* [Chris Stein](https://twitter.com/chrissteinplays) on Twitter
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Michael Karman ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/469standard.mp3).

Scriptnotes, Episode 472: Emotional States, Transcript

October 23, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/emotional-states).

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

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

**John:** And this is Episode 472 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the show we’re getting emotional. We’re going to look at characters’ inner emotional states, why they matter, and how we approach them as writers. We’ll also examine the state of feature residuals and answer a listener question about how long you should wait before turning in your work.

**Craig:** And in a bonus segment for what I like to call our Bonus members – I know they’re technically Premium members, but I call them our Bonus members – we’re going to be talking about Jeopardy! because our friend and D&D comrade, Kevin Walsh, is the current champion, not by a little, but by a lot. He just keeps winning. And so of course we hope we’re not jinxing him by discussing it. I feel like we’re not because his D&D character perished brutally about three weeks ago. So I think we’ve done our damage to him and we can hurt him no more.

**John:** Yeah. And also we don’t know where he’s at in his Jeopardy! career because they’re all pre-taped. So we couldn’t really hurt him is what I will say.

**Craig:** Yeah. He knows what happened. So he can’t blame it on us.

**John:** He knows what happens. He’s ahead of us.

**Craig:** Exactly. He is. In so many ways.

**John:** But Craig, first off, we have to lead with the big news of the week which is we may finally get a Slinky Movie.

**Craig:** Oh thank god.

**John:** So longtime listeners will know we often bring up a theoretical Slinky Movie as the example of this is why Hollywood is dumb, because they will try to focus on ridiculous IP that does not need to have a movie made and try to make this movie. So they’ll have bake-offs where people come into pitch. They will have mini-rooms set up to like how are we going to make the Slinky Movie based on the success of the Lego Movie and other things like that.

But now suddenly there is a Slinky Movie and it’s probably not a bad idea. So talk to us about this Slinky Movie.

**Craig:** There is no better review than probably not a bad idea. So the new Slinky Movie is not the version that we would discuss all the time where you had to write a movie about a Slinky that comes to life at night and helps a kid regain his confidence after his mom dies. This in fact is more like, as far as I could tell, is more like Big Eyes. So it’s actually a story about the creation of the Slinky. The Slinky was technically created by Richard James, but the film is going to center on his wife, Betty, who took over the business after her husband left her with six kids and a nearly bankrupt company. And in a world dominated by male CEOs Betty holds her own and turns the Slinky into a Slinky empire.

**John:** It reminds me also of Joy. The Jennifer Lawrence movie, Joy, which is about the Wonder Mop. It’s like, oh, OK, I can actually see why there is a movie there.

**Craig:** It’s a genre.

**John:** It’s a genre, yes. So great. So we’ll need to find another thing to say instead of Slinky Movie and be clear that all of our previous bagging on the Slinky Movie is not about this Slinky Movie which is being written by Chris Sivertson, hopefully directed by Tamra Davis. I hope it’s great and I hope it’s fantastic. But we need listener suggestions for what should be the new thing we talk about for our generic movie.

**Craig:** I mean, technically this is not the Slinky Movie. This is a movie about the people who made Slinky. But I agree with you. It’s burnt. Right? We’ve burnt the Slinky. So my suggestion is Magic 8-Ball movie. But let’s see what people come up with because there’s got to be something even worse. There’s always going to be something terrible.

**John:** Yeah, I mean, Magic 8-Ball the problem is it doesn’t – just something about plot. There’s a monkey’s paw element to it.

**Craig:** That’s the problem?

**John:** Because it feels like there’s a plot, but no, there’s no plot. There’s no story.

**Craig:** Well because if you invite 80 screenwriters to come in and pitch the Magic 8-Ball Movie you’re going to get 80 of the exact same movies. A child shakes it–

**John:** Be careful what you wish for.

**Craig:** It becomes true. It knows the truth. Then what happens?

**John:** Then you drink the Magic 8-Ball juice and that gives you the power to see the future.

**Craig:** Totally. Yes. Or you become a character called the Magic 8-Ball. I like it. See, we’re doing it. It’s happening.

**John:** That’s the problem. All right. Some programming notes. So this past week we recorded a special live on Zoom voting episode. That was Ashley Nicole Black, Beth Schacter, me, and Craig. We were filling out our ballots. We’re not going to put that in the feed as a normal episode because it’s just so specific and esoteric. But especially if you’re an LA voter and you’re just confused by all the propositions and everything that’s confusing about that ballot take a listen. There’s a link in the show notes to that. And it’s also just a fun conversation with two awesome guests. So, join us for that.

I got to have a fun conversation with Eric Roth this last week. He is a legendary screenwriter who has written a bunch of things. So this was a special WGF event. This will eventually show up in the feed some week when we don’t have a normal show. But I wanted to call it out for Craig because Craig you often bag on Final Draft and how you prefer Fade In. Eric Roth still uses an MS DOS program to write his scripts, back from the ‘80s. It’s called Movie Master.

I’ve never heard of it. But to this day, like this is one of the busiest screenwriters in the world. He uses this MS DOS program that can only do 40 pages at a time and then it runs out of memory.

**Craig:** OK. OK. No. No, no, no. No. I’m not going to respect this. I know I’m supposed to. I know I’m supposed to say, “Oh my god, a genius like Eric Roth. His idiosyncrasies. The way that Steve Jobs would only wear one shirt. It’s a sign of genius.” It’s not. That’s just dumb.

Eric Roth is a great screenwriter. And, by the way, interesting question. Where do you become legendary? I’m wondering what the line is because you and I are definitely not legendary.

**John:** So I said legendary in the course of the interview and I think it’s just because you look at his credits going back to–

**Craig:** Oh, he is.

**John:** Like Forrest Gump. But he still had a 20 year career before Forrest Gump.

**Craig:** Right. He’s legendary.

**John:** He’s 75 years old and has like three movies coming out next year.

**Craig:** OK. So that’s what we’ve got to get. So we’re aiming for that kind of – you got to be working in your 70s and then you’ll be legendary. He is legendary. He’s great. There’s no excuse for this. None. Just none. It’s like if Eric Roth said, “I use this 1980’s app called Movie Master that only works 40 pages at a time. Also, I have a hand-crank air conditioner.” It just doesn’t make any sense. Just update. It’s not hard. It will take five minutes.

Come on, Eric Roth. Come on.

**John:** So I didn’t actually get into very much of this conversation with Eric Roth because of course as a person who makes my own screenwriting software I found it as maddening as you do. But it reminded me of another conversation I want to bring up here. So this is a question we got in from Dina who is a listener and she was put in touch with us by our friend Ryan Knighton. So let’s listen to what Dina has to say.

Dina: Hello, I’m Dina. A blind television writer in Los Angeles. I currently use Final Draft 8 and JAWS 18, screenwriting software for the visually impaired. Final Draft 10 and 11 aren’t compatible with any version of JAWS. My computer is on its last legs so I was ready to uninstall and reinstall the program into my new computer, but according to Final Draft I can’t install version 8 anymore because they no longer support it. Their advice to me was Final Draft 11 is on sale.

Basically, when my computer dies so does my ability to use Final Draft. Do you know of a workaround to make Final Draft 10 or 11 accessible with JAWS? Thanks.

**John:** All right. So the situation that Dina finds herself in, which is also Ryan’s situation, because he and I have talked off-mic about this, is they’re using generally laptops or desktop computers that have very specific setups that use JAWS which is software that reads the screen aloud. You hear like a Stephen Hawking voice and it’s everything that would be underneath their fingers.

So, JAWS works with Final Draft 8. It does not work with Final Draft 10 or wherever we are at in Final Draft right now. And unlike Eric Roth you’re stuck. So I don’t have an answer for them, but I wanted to shine a spotlight on this because it becomes a real accessibility issue in that if they cannot use the apps that they need to use to do the things they can’t do their jobs.

**Craig:** Yeah. The workaround is to leave Final Draft behind. So one thing that – I don’t know if Highland is JAWS compatible. Do you know if Highland is JAWS compatible?

**John:** So the problem is JAWS is essentially a Windows thing. So they’re all on PCs.

**Craig:** Got it.

**John:** So Fade In is a possibility, but Fade In uses weird esoteric stuff as well.

**Craig:** Yeah. What I can do is certainly check with Kent Tessman who makes Fade In and see if it is JAWS compatible. If not, it sounds like what Dina is saying is only Final Draft 11 is JAWS compatible. Is that what I got out of what she was saying?

**John:** No, I think it’s Final Draft 8 is the one that was still compatible?

**Craig:** But they said you can buy Final Draft 11.

**John:** But that–

**Craig:** It won’t work either.

**John:** It’s not going to work either. So this is not Final Draft’s issue. It’s an issue of the system that you have that lets you read the things aloud is working for the things that were there, but then technology moves forward. So it’s a real frustration.

I guess I’m calling out to listeners who know things about this stuff. Is the problem fundamentally that JAWS is not – that she and Ryan should probably move on from JAWS to the next thing? What are the real solutions here? Because I can only answer things on the Mac and we do everything we can for Highland and for Weekend Read so that it’s as accessible as possible, but I can’t solve this problem.

**Craig:** I wonder if, so Final Draft 11 was the first Final Draft to support Unicode, which is like saying that Mercedes put out a 2020 car that finally had–

**John:** Seatbelts?

**Craig:** Disk brakes. Or seatbelts. Just astonishing. Maybe JAWS relies on Unicode. I don’t know. I don’t know enough about it. But you know what we’ll do. We’ll do a little research. We’ll dig into this. We’ll see if we can get an answer for Dina. I suspect the answer is probably not going to be here’s a complicated workaround for you. I think it’s probably going to be use a different program. But, who knows, we might find something.

**John:** Yeah. I also want to acknowledge, you know, Eric Roth moving to a different system is going to be a lot of work for him.

**Craig:** It’s not as much.

**John:** It’s an adjustment, but he can probably do it.

**Craig:** Yeah.

**John:** And Ryan or Dina moving to a different program is going to be a lot of adjustment, but it’s sort of on a different scale for them. So, I just want to sort of–

**Craig:** Feel like now you only included Dina’s question to shame Eric Roth into getting off of Movie Master. Like, dude, dude, this is the way it is for regular people. So as a legend could you please, please stop using a program you first installed on your VIC-20?

**John:** Well, he used a manual typewriter before then. The thing is he was cutting edge when he started on that program.

**Craig:** Leading edge. Yeah. That’s true. True.

**John:** So one of the reasons why someone like Eric Roth can have such a long career is because of residuals.

**Craig:** Segue Man.

**John:** So I want to talk a little bit about feature residuals. And Craig before we get into this conversation can you give us the quick refresher on what residuals are so folks know what we’re talking about?

**Craig:** Sure. Residuals are a fancy word for reuse payments. If screenwriters had copyright on the work that they did then every time the work would be reproduced, just like when copies of books are sold, or when musicals are performed in other places, even in schools and things like that, the author gets a reuse payment. A royalty.

Well, we’re not copyright owners. We’re employees rather because we are working under work-for-hire. The studios are the copyright holders. So the union essentially negotiated an equivalent to royalties. Now that equivalent to royalties is bandied back and forth between us and them and has been many, many times. But basically what it comes down to is this. There are a lot of weird little arcane formulae to determine how much we make when our stuff is show again. And that depends on where it is shown and how it is shown.

For movies, anything in the movie theater is considered first use. It’s not reuse. There’s not residuals. Anything shown on a plane is considered first use. There are no residuals. But when it is re-aired on television. When it is purchased and streaming. When it is bought on an Internet rental or Internet sale basis. Or of course old school DVDs and VHS. And we get a little tiny amount. And even if it’s just a nickel for every DVD that got sold, or a nickel for every download that happens, that adds up, especially for popular movies into quite a legitimate amount of money.

**John:** Yeah. And so we’re going to be a little bit more transparent about sort of how much money that is, because I want to make sure that people understand why it is so important. So we’ve been talking a lot about on the podcast about how the guild sort of – both the leadership and the membership needs to really pay attention to feature screenwriter issues because so much of what we do is organized around television.

Now, TV has residuals, too. Residuals are incredibly important in TV. But it just works differently in features. And because of the nature of first run versus later runs it can just be the difference between having a career and not having a career.

So, I’m going to have a blog post up where I have some of this stuff, but Craig I wanted to share a story of two different movies that are actually very similar. So two things that I’ve worked on. So Charlie and the Chocolate Factory and Aladdin. And I picked those because they were both very big box office hits. They’re both four-quadrant family movies. Both centered around a star. They were 15 years apart but they feel like the same kind of movie. You could sort of swap them in time and they would make about the same impact on the box office and then you would think in their aftermarket.

So let’s take a look at the comparison between these two movies. In this first thing I wanted to take a look at the first 15 months since theaters. And 15 months is kind of an arbitrary time. It’s how much actual residual data I had for Aladdin, which is a more recent movie.

And a thing I should stress is that one of the actual real accomplishments I think at the guild over the last couple of years is that the online lookup for your residuals is really good. So if you have a movie that’s come out in theaters you can go into the portal, go to My Residuals, and see by project, by year how much residuals you’ve gotten. And it’s the guild that collects residuals. You as a writer are not individually responsible for tracking down the residuals. The guild does that.

And so I pulled up everything they had for Charlie and the Chocolate Factory and for Aladdin. Charlie and the Chocolate Factory I was the sole credited writer, so all the writer residuals came to me. For Aladdin I share credit with the director, so I’m just doubling the numbers that are here because he and I split things. So the numbers that you’re looking at here really are apples to apples. Nothing has been split off.

So in the first 15 months the kinds of residuals that you get back are from home video, so these would be DVDs, VHS tapes before that. Pay TV, so things like HBO, subscription services where, you know, your paid cable TV. New media, which is both sell-through, so like someone buying it on iTunes. Or SVOD, which is through a streaming service.

So looking at those, for Charlie and the Chocolate Factory only those first two things existed when Charlie and the Chocolate Factory came out. So, home video and pay TV. And together they generated about a million dollars’ worth of residuals in that first 15 months. That’s a huge amount of money.

**Craig:** Yeah. It’s significant.

**John:** That’s not just the whole package of like how much Warners made. That’s how much I got checks for in the first 15 months was a million dollars. That’s a lot.

**Craig:** That is.

**John:** Now, let’s take a look at Aladdin. For Aladdin those first two things still exist. You have home video and pay TV. Pay TV interestingly is about the same amount, even over the years, and I’ve not adjusted I should say for inflation. So, that’s a thing to keep in mind here.

But home video shrunk to almost – it’s a quarter of what it was before.

**Craig:** That’s the big story, right? Everything changed. The amount of money that used to be made by writers for even something that wasn’t a huge hit, but something that was like a medium hit, or not a hit by the way used to be significant because home video was such a big revenue source for the studios. By the way, also the reflection here not just for a writer income but also for the studios you start to see why they start making different movies because they can’t sell everything on DVD and video anymore. And so things change.

But no question. A hit back in the days of DVD would generate a lot more money for writers, just by volume. Because actually our formulas for like Internet rentals are spectacular. It’s the best formula we have.

**John:** Really good.

**Craig:** And formula for Internet sales is essentially double what it was for DVD. But DVDs would just sell more.

**John:** Well, I think when you and I were first starting our careers here Disney had a mandate where they were trying – this is under Katzenberg I guess – was trying to make like 45 movies a year. It was just a volume business. They cared about the movies. They wanted them to do well. But they wanted to have a movie in theaters every weekend and then also to have a new thing to sell, a new DVD to sell. And that was a really good business. And once that home video business started going south they shrunk back a lot. And you look at sort of how few movies a major studio will put out these days.

**Craig:** Yeah. Basically, you know, there’s like two evolutionary strategies for animals. You either have a whole lot of offspring, because most of them will die, or you put everything into one or two. So humans and elephants are kind of the high investment/low volume, and rats are the low investment/high volume. Studios used to be like rats. Low investment/high volume. Just make a lot of movies, not all of them at big budgets, some of that at tiny budgets. And now it’s put all of your eggs into these small baskets because you need those movies to be massive in order to justify.

The whole strategy has changed. The whole thing has changed because of the collapse of home video and the rise of new media.

**John:** Now, if you’re just listening to this podcast and you’re not looking at the chart you might say like, oh no, John made no money on Aladdin in residuals. And that’s not the case because new media, which is electronic sell-through, so buying it on iTunes, that is worth as much as home video is right now. So those two together are getting close to what home video was. But most of the money that I get in residuals for Aladdin are a thing that did not exist 15 years ago which is SVOD, subscription video on demand. So in this case it’s Disney+.

And because this movie was released theatrically first, and then it showed up on Disney+, Disney has to pay a residual on that based on a calculation of budget and other things. It’s complicated. But it ends up being a huge chunk of money. So all together Aladdin has paid more residuals in the first 15 months than Charlie and the Chocolate Factory, which is good news for a big hit movie. It still generates big hit residuals.

But, the asterisk is that I wonder whether this is one of those last movies that’s going to be this huge bonanza because this movie was released theatrically. If this movie had gone straight to Disney+ and was never intended for a theatrical market those residuals would be greatly, greatly, greatly reduced.

**Craig:** Yeah. I mean, we don’t know if there’s going to be theatrical movies at all again. I mean, legitimately. I don’t know. I mean, I suppose there probably will be. We’ve always been the people that snicker at the “are movies dead?” articles. But none of the “are movies dead?” articles contemplated a global pandemic that would shut down theaters. And all of those articles I think were written before everybody just suddenly had every movie in the world in their home, on their large TV, and also most theatrical movies are suddenly now being made for watching on your TV.

So, I don’t know what the future is there. But I do think that if theatrical movies come back the way they used to be what you will continue to see is a further progress on the trend line of fewer larger movies. Movie theaters will essentially be showing large events. And nothing but. I just don’t see how this works any other way.

**John:** Yeah. So the second chart I’m going to have up on the blog post I need to update a little bit because some stuff has changed based on the most recent round of negotiations, but I looked at Big Fish, Charlie and the Chocolate Factory, and then I reached out to some other writers to get what residuals they were getting interesting he first three years. Because the first three years is when you really get a sense of what the residuals are going to be for a project. And what the split was between, again, free TV and cable, home video, pay TV, and new media.

And there’s a whole range, but you see like there’s real money coming in. But if those same movies had been made for Netflix or made for Amazon or made for Disney+ just the residuals that they would have gotten in are spectacularly lower. And so–

**Craig:** Well yeah.

**John:** That is really my concern is that our sense of what residuals may go away completely if we don’t have a better way of acknowledging that some movies are hits that are hugely important for those streamers while other movies are not. Because right now the residual formulas for things that are made for streamers, it doesn’t account for how many people actually watch it. It’s just one flat number.

**Craig:** Yeah. I think with streamers they kind of buy you out on the residual stuff.

**John:** They’ll buy you out based on a percentage of the budget.

**Craig:** They’re basically saying, they’re kind of letting you hedge a bet, right? They’re going, OK, if this were a theatrical bomb you wouldn’t make much in residuals. If it were a smash hit theatrically you would make a lot of residuals. We’re just going to chop the pot there and tell you we’re giving your somewhere in the middle. You know, either way you’re kind of buffeted from the extremes. And, look, I don’t like to view these things as gambling. But obviously that company does in a way. They figured out they’d rather just go with the certainty than have to pay out massively on things. You know, in principle I don’t love it. I’ll say that much. I don’t.

**John:** No.

**Craig:** I don’t think that that’s cool. But on the other hand it’s hard to get a hold on what feels businessly – businessly? I just made up a word. Businessly.

**John:** Businessly, I think it’s good. We need to quickly register that domain name because by the end of this podcast – when this episode drops businessly will be just taking over.

**Craig:** Hold on. Do you think there is a businessly already?

**John:** There’s absolutely.

**Craig:** I’m checking.

**John:** Stop everything. We need to check on–

**Craig:** I’m checking it right now.

**John:** And is it businessly.com? Or is it business.ly?

**Craig:** So it’s businessly.com. And businessly.com is – someone is squatting on it. There’s no information. It just says, “We own businessly.com.” Dammit. Businessly speaking, I have no idea what I was saying. I’m so much more interested now in pursuing businessly that I can’t – this whole thing is shot. [laughs] It does sound like a terrible new startup, doesn’t it?

**John:** It does. I mean, I think it could be the parent company of your escape room that you will inevitably build once the pandemic is over.

**Craig:** Oh, so many ideas. So many ideas.

**John:** Getting back to the notion about how we’re going to handle streaming residuals, the proposal going into this last round of negotiations was that you needed to have tiers to things. So basically for the first 100,000 views it pays this. And basically a bell rings every next 100,000 view.

Classically the pushback to that is they will never release the actual numbers. But if you have it in such broad categories where it’s just like way down here or you’re way up there, it might be meaningful. I just feel like we can’t give up on this notion that people’s work has residual value and they need to be paid for it.

**Craig:** Well, I guess, we’ll say Netflix in particular. There’s no real sense of what their numbers are. I can’t quite figure it out. I mean, they’ve changed it. They said if somebody watches something for five seconds it’s a view? So, you know they have to be decoupling that from how they pay, because they their interest is to tell the world that everyone watched a show and then tell the writer no one watched the show. It’s classic Hollywood stuff.

The point I was trying to make about businessly is that the current state of streaming in Hollywood is one where there is a content boom. Essentially everybody is investing massively in content. And every new player that comes in seems to want to go over the top of everybody else. So Apple I believe has committed to spending a billion dollars in content. A billion, which is astonishing.

**John:** Which is great for us.

**Craig:** It is great for us. The problem that we run into, and we have always run into this, is such. When a business is emerging, like the streaming business. And then people say, “Emerging? It’s been ruling the roost for years.” Well, yes, except it’s also kind of not making money yet for people. So, it is technically an emerging marketplace. When that happens the companies traditionally will say, “We don’t know what this is yet and we’re not making money off of it. Don’t kill this baby in the cradle. Let it grow up and then everybody will get paid,” which is on some level a reasonable statement to make.

The problem is once a marketplace matures they hold all the cards and they don’t want to give you anything. And then they’re incredibly stingy and they’re like, “Well no. You don’t like it here? Go work at some other Hollywood.” And there isn’t one. And so we are always caught between them. They know they’re doing.

And so I do sympathize somewhat when they are protecting an emerging business, but it’s hard to sympathize with them when I know that they never really properly take care of any of us – that means writers, directors, actors – when it is a mature business. They just don’t. And when we watch the business change we also slowly understand just how much money they make. Because all they do all the time is explain how they lose money. But think about the networks. Network television. There was a time not long ago when there were essentially three channels that ran premium television. And that was it.

And all of those shows were being watched routinely by 10 to 30 million people. All of them. And all of those shows had multiple ads that people would pay millions of dollars for. And then after that happened they would rerun it and do it again. And after that happened the studios that were making those things would then resell them to everybody else. And then it would never stop airing. Ever.

The amount of money generated by those things is kind of incalculable. Well, it is calculable.

**John:** It’s calculable, but it’s huge.

**Craig:** It’s enormous. And so now what happens is the ratings for a network program, which used to be like, oh my god, if you didn’t get a 10 you were canceled or something. I don’t know what it was. Now if you get a 2 it’s like, wow, look at you. What does that mean? It means they’re still making money off the 2. And that’s the part that makes me crazy is that I know like they’re all making money. Except the new streamers I think are definitely in a weird spend-spend. I guess they’re acting like the way Amazon did in its initial phase of sell everything at a loss to be the only store that people buy from and then make money.

**John:** So a lot of what we’re describing obviously means the same to TV writers, to comedy variety writers, and to feature writers, because we’re all writing for these same places. I think the thing I want to make sure listeners come away from this with is that feature writers we’ve always had, there’s been a theatrical feature and then it has an aftermarket life where it’s shown on smaller screens. And showing on that smaller screen is how we got paid residuals that made it possible to do this thing.

My concern is that we may both lose the theatrical window, but we may also define a way what it means to be writing a feature. And I don’t want to be pulled down to TV Movie of the Week rates for things. That’s not even talking residuals, but how much they have to initially pay you.

So, it’s just to make sure that we are always thinking about these 90 minutes of entertainment that was originally designed for the big screen, that’s designed for a certain budget, that it still means something five years, 10 years from now.

**Craig:** Yeah. When we look at residuals from a very far away view what we see over the history of the Writers Guild is that from our position we are always trying to protect something that is institutional. But we are also trying to figure out how to be adaptive to technological change. Because it has come along frequently. And by and by as things go on studios generally win when technology changes. They force us essentially to play to a draw, or to cut our losses. That’s what they kind of do.

So, on our side of things we have to do two things at once, and it’s really hard to do. We have to protect what we have but we also can’t be so rigid as to insist on a calcified formula that no longer applies to anything they’re doing, if that’s where we put all of our chips.

I mean, there was a weird point in our guild’s history, I’ll call it late ‘90s/early 2000s where a large segment of I guess the politically active people in our guild were obsessed with DVD residuals. And that’s fine because they were fighting a war that had been going on for at that point 20 years and we had taken a terrible blow when that stuff came along. The studios just unilaterally cut 80 percent away from the amount that they were giving us. Just decided to do it. And then we struck and we lost. And that became the kind of white whale.

But the problem was while we were chasing that white whale the world had changed dramatically. And we weren’t necessarily ready for what came next. So it’s hard. We have to do both. We have to somehow protect what is there and also be ready to get rid of what is there and rewrite it completely because if we don’t they will for us. It’s not an easy thing. And I don’t expect that we will – look, we’ll never be in charge, right? We’re always the ones asking for money. That’s always the weaker position.

**John:** We’re always labor versus capital.

**Craig:** We’re always labor versus capital. And we’ve done a pretty good job, I think.

**John:** I think the electronic sell-through rate and sort of how good that is I think is testament to strength at a moment and actually getting a pretty good definition that we could defend. And so it’s taking that as the example to push forward rather than the negative example of home video.

**Craig:** Yeah. The example I like to talk about is the Internet rental rate. Because that is our finest moment. Because we anticipated something and we anticipated before they did. That’s really what it comes down to is can we somehow figure out something that they haven’t yet figured out. And in doing so our internet rental rate is exceptional. It is double, I believe, what our sales rate is. And we had to strike for that sales rate in part because they were angry about the rental rate.

So, the trick is to somehow get those little victories in early when we can, but it’s not – I say that like if you just apply yourself it will happen. No. A lot of it is just luck.

**John:** Yeah. All right, let us shift gears completely, because I want to talk about a very crafty kind of issue here. The project I’m working on right now has characters who are experiencing some really big emotions and you and I, Craig, haven’t talked a lot about the inner emotional life of characters. We talk about sort of the emotional effect we’re trying to get in readers and viewers, but I want to talk about what characters are feeling because what characters are feeling so often impacts what they can do in a scene, how they would express themselves, literally what actions they would take.

And so to set us up I wanted to play a clip from Westworld. And so this is Evan Rachel Wood. I think this was from the first season. And what I love about it is that she’s so emotional and then because she’s a robot she can just turn it off.

**Craig:** What would you know about that?

**John:** I set myself up for that.

Evan Rachel Wood: My parents. They hurt them.

Jeffrey Wright: Limit your emotional affect please. What happened next?

Evan: Then they killed them. And then I ran. Everyone I cared about is gone. And it hurts so badly.

Jeffrey: I can make that feeling go away if you like.

Evan: Why would I want that? The pain. Their loss. It’s all I have left of them. You think the grief will make you smaller and sad, like your heart will collapse in on itself, but it doesn’t. I feel spaces opening up inside of me. Like a building with rooms I’ve never explored.

**John:** I’ll put a link in the show notes for that, too, so you can see what she’s doing in the scene. What I like so much about that is you look at how she is at the start of that scene and she’s so emotional. She has a hard time getting those words out. And then when she’s told like stop being emotional it brings her way back down and she can actually speak the words that she couldn’t otherwise say. And that’s so true I find both in my own real life as I get in these heightened emotional states I can’t express myself the way I would want to, but also in the characters I write. I feel when I know what a character is going through inside their head it completely changes how they’re going to be acting in that scene.

**Craig:** Yeah. That’s a pretty great clip. Evan Rachel Wood is an outstanding actor. And one thing that’s fascinating about that is that Jeffrey Wright who is playing there against her who is also a spectacular actor, what he says is limit your emotional affect. Not eliminate it, right?

And so what she does is – and because she’s a robot she can dial it from an eight to a three. Which, by the way, what he’s doing there essentially is what directors are doing all the time on a set. Which is they walk over to an actor, “Great, let’s just roll it back. Let’s just pull it back five points and see what that’s like.” Because then what happens is you’re still feeling emotion. She still has a quavering in her voice. You can still feel her pain. But, it’s like she experienced it three hours ago and now she’s starting to get a handle on it, as opposed to she’s in the middle of it. And so first things first when you’re thinking about your character’s emotional state is ask why are they experiencing these emotions and how distant are they from the source of it. Because that’s going to be a huge indication to you about how you ought to be pitching them.

**John:** Absolutely. So, one of the things you learn as you’re directing actors is to talk about verbs rather than adjectives. And so gives them a thing to do rather than sort of a description of how they are supposed to be feeling. Because it’s very hard to feel a thing. And what I might describe as being happy is a thousand different things. But if I describe invite the other character into the space. Share your joy with them. That’s a thing that an actor can actually play.

And so be thinking about sort of not only what is causing this emotional state but what is the actual physicality of that emotional state. What’s happening in there?

And it’s not rational. And that’s a hard thing to grasp is that we always talk about what characters want, what characters are after. This isn’t really the same kind of thing. It’s an inner emotional drive. Something they cannot actually control. It’s more their lizard brain doing a thing.

So what may be useful is imagine that you’re at a party and how differently you’d act or speak if for example you were terrified of someone in the room. Or if you were ravenously hungry. If you were ashamed about what you were wearing. If you were proud of the person this party was about. If you were disgusted by the level of filth in the room. Those are all sort of primal things that are happening.

And if you’re experiencing those emotions the affect is going to be different. You’re going to do different things. You’re going to say different things. You’re going to position yourself in the room differently. So getting an emotional register for each of the characters in a scene can be super important in terms of figuring out how this scene is actually going to play out.

And I do want to stress that we really are talking about scene work here. It’s not overall story plotting. It’s not even sort of sequence work. It’s very much sort of in this moment right now what is going to be the next thing the character says , the next thing the character does.

**Craig:** Yeah. Well, it’s also what people came for. You’re absolutely right to distinguish between the normal acting place and the normal writing place as one of intention. I want something. So I’m going to figure out how to get it, whether it’s to get your attention, or have you fall in love with me, or stop the bomb from exploding. Whatever it is, that’s the rational stuff that actors go through. And that’s the rational stuff you’re writing in there. That is the plot.

But what people come for is the emotion because the emotion is when the character doesn’t want anything, they are simply expressing the truth about what they are experiencing in the moment. And that is the part we connect with. We do not connect with the intricacies of disarming a bomb. We connect with fear. We connect with the anticipation of terrible loss. The kind of foreshadowing of grief. That’s what we imagine.

If you’re a parent you know this feeling. You put your kid on a bicycle for the first time and whether you realize it or not your heart beats a little bit faster because you are anticipating them falling and getting hurt. So that’s the truth. And that’s what we all experience. That is the universal nature of this. That’s the part people come for. So, our job is to understand very realistically what somebody would be feeling inn that moment because while audiences will forgive things like – and so the first movie I ever had in theaters was a movie called Rocket Man. Not the Elton John story. This was 1998’s silly children’s comedy, Rocket Man. And the director wasn’t really – I didn’t get along with. Well, I just didn’t appreciate his creative instincts.

And one of the things he did I guess when he was shooting was there were all these scenes were these astronauts were walking around on Mars and the visors and the helmets were causing reflections from the lights. So he said let’s just remove those visors and we’ll put them in later with visual effects, because he thought that would be easy to do. And then later Disney was like, “This movie’s not even that great. We’re not spending more money on it.”

So there are scenes in the finished movie where they are walking around on Mars and there’s no visor in their helmet. And audiences will forgive that because they know on some level these people aren’t really on Mars and who cares. But here’s what they will never forgive. An inappropriate emotional response. Because they know what feels real and what doesn’t. That’s where they will kill you.

So our job is to be as realistic as possible in those moments to avoid the extremes of melodrama, where things start to get funny because they’re so wildly too big. Or to avoid the constraint of I guess we would call it unnatural emotional response where things don’t connect right or simply aren’t there at all. Is it better to underplay emotion than overplay? Usually. Can you underplay emotion to the point where it’s just not there and the whole thing feels kind of dead and battened down with cotton? Yup.

**John:** Oh, we’ve seen those movies. We’ve seen those cuts where it just got too stripped down. It sounds like we could be talking about actors and how actors create their performance. And this is not a podcast about acting. But there is such a shared body of intention here. And it doesn’t even necessarily go through the director. Because we are the first actors for all of these characters. And so we have to be able to get inside their emotional states and be able to understand what it feels like to be in that moment, you know, experiencing these things so we can see what happens next.

And so often when I find things are being forced, or when I don’t believe the reality of stuff, I feel like the writer is dictating, OK, this is the next emotional thing you’re going to hit rather than actually putting themselves in the position of that character and seeing what happens next and actually just watching and listening to what naturally does happen next.

**Craig:** Yes.

**John:** It’s always a balancing act there.

**Craig:** Well, the mistake I think a lot of writers make is to think I want the audience to feel sad, so let me make my character sad. That’s not what makes us sad.

**John:** No.

**Craig:** At all.

**John:** No.

**Craig:** There are times when the character should be sad, but that’s not what makes us sad.

**John:** Absolutely. And so often the lesson you learn is that if you want the audience to feel emotional and sad limiting what we see of that character feeling that way or how that character externalizes that thing is often more effective. Like the character holding back tears generally will generate more tears from the audience than the character who is actually crying. Because we put ourselves in that position and we are sort of crying for them.

**Craig:** Yes. And sometimes there’s a situation where the actors, the characters may not be feeling an enormous amount emotionally, but what they’re doing is something we can empathize with so deeply that it makes us cry. I’m thinking there’s a moment in Chernobyl where Jessie Buckley’s character is with her husband who is a firefighter. And he is dying. Cleary. Evidently. And disgustingly. And she’s right next to him and she tells him that they’re going to have a baby. And she’s obviously – she knows this. She’s not super emotional in that moment. And he sort of just takes her hand and he’s not super emotional. He’s just pleased with this news. But I cry when I look at it because I feel such terrible empathy for them.

And it’s hard to even explain, to parse out exactly why that makes me so sad. Is it that she’s smiling and he’s smiling and they’re experiencing this moment of joy and hope even though he’s perishing in front of her? Is that what it is? It’s hard to say. But what I do know is that if I try to make people cry then it just gets dumb. So, you find your moments – and there are moments where for instance Jessie, who is a spectacularly good actor, and just has amazing instincts. There are moments in the show where she is very emotional. And I don’t necessarily feel emotional in that moment. What I feel is alignment with her. Like, yes, I’m glad you’re angry. Yes, of course you’d be scared. Yes, of course you’re upset.

**John:** Well that comes back to empathy. Because you successfully placed us as the viewer into her position, so we are seeing the story from her point of view. And that is not just the intellectual point of view, but the emotional point of view. And that’s why we’re feeling what we’re feeling. We are identifying with her.

**Craig:** Yes.

**John:** But let’s talk about sort of how writers can be thinking about these emotions. I want to get back to your example of you’re the parent whose kid is riding off on the bike for the first time and you know they’re going to fall. That is such a specific example. And the reason you were able to summon that is when that happened you were probably kind of recording that. A little red light went off in the corner. OK, this emotional thing that I’m experiencing, this is real. This is a thing that I can hold onto. It’s in my toolbox right now.

A thing I’ve been doing since the start of the pandemic is I started doing Head Space, the meditation app. And one of the things it forces you to do is to really evaluate what are you feeling right now at this moment. And when you get good at being able to analyze what are you actually feeling you can start to think like, OK, what would it feel like to be proud of this moment. What would it feel like to be angry or fearful? And you can start to distill what that emotion is like independent of the actual cause. And sometimes as a writer you have to be able to do that. So you actually say, OK, what is the moment – a little bit more back to Evan Rachel Wood – with a little bit more fear dialed in. What is this moment like with a little bit more dread or curiosity dialed in?

Because with that you can actually – you’re like a musician putting together the chords and figuring out like, OK, what is the best version of this moment, this scene, this character’s experience in this moment because of the emotions that I’m aware of and able to apply.

**Craig:** That’s right. Then you have the difficult job of figuring out how that would work within the tone of whatever you’re doing. Because every piece has a different tone. And over time the way we generally make and then absorb culture changes. When you watch action movies from the ‘80s what you will generally see are a lot of people behaving in ways that are emotionally insane. Just insane. You know, stuff blows up and they’re just like, “Wow, should have worn my sunglasses.” Whatever the dumb crap is.

I mean, Arnold Schwarzenegger would quip after murdering people. So, you know, who does that? You just murdered a human being. I mean, he deserved it. He was a bad guy. But you killed him and then you have a little snappy joke that’s a pun based on the manner in which you killed him. Well that’s the tone of that.

As we’ve kind of gone on things do change. And generally speaking our culture has become more emotionally expressive and in touch. And that may be, well, I think it’s generally a good thing of course. And we are all of us living in a post-therapy age where many people have gone to therapy, or they’ve just read books, like Chicken Soup for the Soul, or whatever it is. We’ve been absorbing certain things and so now when we write this stuff part of what has to happen is you, the author, cannot be afraid of your own emotions. And you can’t be afraid to confront how you felt in moments. And that means being honest with yourself. And understanding that when we go to the movies, so forget about you wanting to project some image of yourself to the world, right?

It would be cool to project John Milius to the world. Because John Milius is super cool and everything. But I’m not John Milius. And I just don’t write tough like that. I just don’t. I kind of do the opposite. And so you have to kind of forget about projecting some perfectly strong invulnerable sense of yourself to the world and instead recognize that everybody who is sitting in there wants to feel comforted by a created human being’s weakness and their triumph over that weakness. Because that’s inspiring to them.

And if you want to look at one genre that encapsulates that the most, the embracing of the emotional self, particularly the emotional male self, it is Marvel movies. Because superhero movies were about kind of, you know, these sort of emotionally distant people, because they were perfected. And now it’s, you know, they’re tormented, which reflects Marvel.

**John:** Now it’s about Tony Stark’s relationship with Peter Parker. It’s very specific character interactions is why we go to these superhero movies, especially the Marvel movies.

**Craig:** Exactly. So you have to get it right. That’s the challenge. This is I think probably where writers will fall down more than anywhere else because they actually don’t understand their own selves, so they don’t know what a character should feel. How many times in our Three Page Challenges have we said, “Why is this person speaking in a complete sentence when somebody has a knife to their throat?” You can’t. You just can’t. There’s a lack of emotional truth.

**John:** Yeah. And so as you’re talking with actors and they can be frustrated. It’s like, “I don’t know how to do this scene. This isn’t tracking for me.” A lot of times is they’re saying I don’t know how to get from A to E here. You’re not giving me the structure to get from place to place. And maybe you just didn’t build that. Or maybe there’s a way there that you didn’t see before.

As writers, I mean, we’re not documentarians. So we’re not necessarily creating scenes that are completely emotionally true to how they would happen in real life. There’s going to be optimization and it’s going to move faster and people are going to have to make transitions within the course of a scene that they probably would not do in real life. But that’s the art of it. That’s how you are sanding off the edges and getting there a little bit quicker. But you have to understand what the reality would look like first before you try to optimize it.

**Craig:** Correct. That is absolutely correct.

**John:** All right. Let’s go to our final topic. This is a really practical one. It’s a question that Shannon wrote in.

**Shannon:** Hi John and Craig. I’ve been a professional novelist for 20 years but I’ve only worked on a couple screenplays and I have a question about screenwriting protocol I guess. When working on my first screenplay after one call with the producer her notes were pretty simple so I said, great, I can get this done in a couple hours and email the new script to you tomorrow morning. She said, “You’re new to all this, so let me give you some advice. Always take two weeks.”

I said but I don’t need two weeks. The changes are just line tweaks. And she said, “If you don’t take two weeks you’re not taking my note seriously.”

I hate the idea of deliberately slowing down in order to look a certain way. And when a production is on a timeline I would think that speed whenever possible would always be the goal. But on a recent project I managed to complete one of the rewrites much faster than the studio expected and instead of a “hey this is great” response the execs did not seem pleased.

I was reminded of that original producer and I wondered is there a code that writers are supposed to take a certain amount of time for things? I get that non-writers really don’t know how long each writing task takes, but if I revise too quickly does that offend them? Do I risk them assuming I didn’t do a thorough job?

P.S. I did a thorough job.

**John:** Craig, what advice do we have for Shannon here? It’s a great question.

**Craig:** Such a great question. Shannon, here’s the deal. The producer that gave you that advice was giving you good advice and here’s why. It actually ties into our topic about emotions. When people make suggestions for notes and things and how to change things, of course what they want primarily is to feel that they’re being taken seriously and that what they’re saying is worthy of your thought and your time. They don’t know how writing works. If they did they would be writers.

So, yes, you may absolutely be able to crush that in an hour. And crush it well and thoroughly as you said. The problem is if you say, oh yeah, I can do that in like two hours, what they’re hearing is, “OK, yeah, I’ll just put in as little time as possible because I just want to get past that.” It’s like I’m painting your house and someone says, “Oh, I don’t love the color in the kitchen.” “No problem. I’ll fix that in like 10 minutes.” “Well, no, no, take your time. Take your time. Be careful about it. Put some thought into it.”

So, yeah, it’s not like there’s a code or anything. But ask yourself if you were in their shoes how would you feel if they said, “Yeah, we’ll turn this around in two hours and fix it.” Take your time and if you do it really, really fast just sit on it. Just sit on it for a week. Like Scotty from Star Trek, everything will take two weeks. OK, I did it in two hours. That’s kind of good advice I think.

**John:** I think it is kind of good advice, too. And so I was originally going to be negative on that producer because if I was just turning it into that producer like well she could understand that I did the work, you can see the work that I did. The thing is taking a little bit of extra time you’re buying yourself some space from the last draft that they read to this next draft. And they will kind of forget how much work or how little work it was. They’ll be reading it with fresher eyes.

And so in television by the way you would be expected to like, no, no, I need this in 20 minutes. You don’t have the time to sort of wait around. But in feature land, yeah, everything does sort of space itself out and things take a while. And if you were to come right back with that revision that afternoon they might question whether it was really the right version, even if it’s exactly the same pages you would have turned in two weeks from now.

So, yeah, you kind of take the time. Here’s a tip for you. As you’re writing a draft there will naturally be some check-in calls to see like, oh, I just want to see how you’re doing, if anything is coming up. That’s a time for you to signal like, oh, I think I’ll be ready to turn this in in about a week. Even if you’re kind of already done there’s a moment in the writing process where you can signal to them when you expect to turn it in. That’s good on both levels because it sort of creates a sense that like, oh, you’re doing a lot of work so this is really going to take up all your time to do that, but also just clears some space in their brain for like, OK, in about a week I’m going to be reading this thing. That’s good. That’s the right amount of time. Shannon must be doing a really good job. And that’s just dumb psychology, but that’s sort of what happens there.

**Craig:** Yeah. And, by the way, Shannon, it’s also fair to say that while you did a thorough job in the two hours what you deprived them of was the idea that you would have three days later in the shower. And I have had those moments where I’m like I know exactly how to do this. And then after a couple of days I’m like, wait, hold on. Is this great or is it just good? What do I do here? And then I just start being creative as opposed to responsive. Because that’s really what they want. They don’t want you to just be like, OK, check, check, check, check, check. I did all your things like a little punch list. What they want you to be is creative and also responsive.

So, give yourself the time. Even if you don’t need it, give it to yourself anyway.

**John:** Yup. All right. It’s time for out One Cool Things. My One Cool Thing is a great initiative being done by Christina Hodson, a guest on our show from before, and Margot Robbie, the actress. Together they formed Lucky Exports. And what they did is they took six female writers, six female-identifying writers, and put together a writer’s room to sort of focus on female writers writing action and basically they were noticing that there were not enough female action writers like Christina Hodson. We need more of them. So they put together this writer’s room to talk about writing action. Then they worked with each of them developing pitches. They took those pitches out and they sold five of the six pitches around town.

I just love that they took the initiative to recognize a problem and work on solving it and that these five writers now have feature writing deals that they didn’t have before. So I just wanted to call out Christina Hodson and Margot Robbie for doing a real good in the world.

**Craig:** Absolutely. Big salute to Christina Hodson. I don’t know Margot Robbie but we do know Christina and that’s fantastic. And – and – most importantly they put money in someone’s pocket. Because that’s the point. There are a lot of initiatives that are there to look great on Twitter or sound good in a Deadline article or make people just feel like they’re doing something, and none of them put money in anyone’s pocket. This did. Therefore it is good. That’s the goal. That’s the goal.

**John:** Yeah. It wasn’t just a programmer like, “Oh, we should do more to help these writers.” No, we’re literally giving them jobs because it’s booking jobs and being able to turn in work and show what you did. That’s what gets the next job and the next job after that.

**Craig:** And obviously nothing wrong with programs that are advice-based or mentoring. You and I are both part of those. But there is no substitute for putting money in people’s pockets. So, excellent job there.

My One Cool Thing is going to shock you. A game.

**John:** Ah!

**Craig:** So have you ever played – I’m trying to figure out how to describe the genre. So it’s an app that is like a novel but the novel is presented in a very stylized textual way, in an interactive way. And sometimes there’s a little puzzle involved to kind of get to the next section. There’s a few of these.

**John:** I remember games going all the way back to my old Atari that sort of worked that way. It was kind of in between a thing you read and a game that you play.

**Craig:** Yeah. Never quite got it right. I just never really liked any of them that I tried. Until now. There is a game called Unmemory. And the premise of Unmemory is pretty cliché, to be honest. You have amnesia and have to figure out what happened. That’s about as old as dirt.

But the actual presentation of the story and the way you interact with it and the way you solve puzzles and the beautiful design and the fascinating way that the text becomes manipulated and changed depending on how you are interacting with it and the images is great. It’s like they solved it. And it’s a really engaging experience. The story is pretty good. Maybe come for the story but stay for the interactivity and the ingenuity of the presentation and the integration of puzzles.

So, Unmemory. It’s a game from developer Patrones y Escondites and publisher Plug In Digital. And it is available now on iOS and I guess on Android if you have one of those dumb things.

**John:** Thinking about this kind of genre of game and story, how does it compare to something like Gone Home? It feels like a game that you’re playing but it ultimately becomes a story.

**Craig:** Right. So, Gone Home, which is beautiful and everybody should play it, is kind of the epitome of what they call the walking simulator. There are these games where you’re basically walking around a space. You are not ever in any kind of danger. There isn’t a specific goal per se. You are just experiencing a space, digging into things, looking at stuff and learning. And in doing so a story starts to emerge. This is not that. This is straight up text-based with some sound and some images integrated. But the way the text is presented is fascinating. And each chapter involves a number of puzzles, some of which are quite tricky to figure out, before you can move onto the next chapter.

And so there’s far more interactivity and solving and thought and investigation in this than there would be in something like Gone Home or any other walking simulator.

**John:** I look forward to trying it.

And that is our show for this week. So stick around after the credits because we’re going to be talking about Jeopardy! But until then Scriptnotes is produced by Megana Rao. Edited by Matthew Chilelli. Our outro is by Rajesh Naroth.

If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter Craig is @clmazin. I am @johnaugust.

We have t-shirts and they’re great. You should get them at Cotton Bureau.

You can find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts.

You can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segment. Craig, thanks for a fun show.

**Craig:** Thank you, John.

[Bonus segment]

**Craig:** This long-running television game show features Kevin Walsh as its latest repeat champion.

**John:** What is Jeopardy! I’m so excited that our friend Kevin is doing so well on Jeopardy! right now.

**Craig:** Not surprised.

**John:** No, not a bit.

**Craig:** So Kevin Walsh is a guy that we’ve been playing Dungeons & Dragons with for many, many years. He originally came to us through Chris Morgan who has known him forever. Kevin is pretty much the top – we’ve talked about the story analysts and the readers at the studios. He’s pretty much the top guy there.

**John:** It’s the Kevin we referred to in that episode about reader pay and sort of the issues that readers are facing. That Kevin is this Kevin.

**Craig:** Yeah. That’s the same Kevin. And so Kevin is sort of a top guy at DreamWorks, so if you’re submitting a screenplay to DreamWorks odds are he’s getting his eyes on it. And we know him also as just a very knowledgeable D&D player. He is a geek extraordinaire.

So this wasn’t like shocking per se that he would get on Jeopardy! or do well. But I don’t think anybody, including Kevin, would have anticipated that he would have had a run like this. It’s been astonishing. He has won five in a row and with the exception of one of those episodes he went into Final Jeopardy not needing to actually gamble because he had enough money to guarantee a win. And in one episode the other two contestants were in the negative when Final Jeopardy came around. So he did Final Jeopardy alone on his own. He is having a legendary run and it’s just fun to watch.

**John:** Jeopardy! has always been part of my life. I’ve watched it with my mom as long as I can possibly remember and my mom was actually on the original Jeopardy!, the Art Fleming Jeopardy!, way back in the day. So I grew up on a couch that had been won with earnings from Jeopardy! So, it’s always been a part of my life so it’s exciting to see it with Kevin.

But I’m also just in general happy that it’s back in this pandemic time. So, the show shut down for the pandemic naturally, but also because Alex Trebek has cancer and there’s a whole question of whether he’d be able to come back and host the show.

The show looks just like it always looks. I mean, the podiums are spaced a little bit further apart, but you wouldn’t know that we’re in the middle of a pandemic to see this.

One signal that might be out there that’s something is a little bit weird is that all of the contestants are from Southern California.

**Craig:** Right.

**John:** So they’re not flying people across the country. But other than that it feels like Jeopardy! except that our friend is running it.

**Craig:** I as a kid didn’t know about Jeopardy! until Weird Al Yankovic song I Lost on Jeopardy! which is his parody of the Greg Kihn Band Our Love’s in Jeopardy. And that I think was I want to say like 1984, so I was 13. Because Jeopardy! kind of went away and then it came back. And it came back and just became this like new part of culture again. It’s a fascinating thing that it was gone and then back.

And Jeopardy! is one of the last remaining cultural institutions that everyone is aware of, everyone respects, and also rewards actual intelligence. It is stringent. It’s not there to win a million dollars. There’s no crazy lights. The balloons don’t come down. It is – talk about unemotional – it’s an unemotional game. Alex Trebek’s character–

**John:** There’s no false drama.

**Craig:** No. His character is flat affect. That’s it. Right? And you as a participant are expected to also be very calm. You don’t jump around. There’s no squealing or cheering. It’s wonderful.

**John:** Now when the show came back, right before it came back in this pandemic time, they showed back the original Jeopardy! from when Alex Trebek sort of relaunched the show. And watching that first episode the audience would cheer and applaud after every single thing. It was so jarring. You would think that there would be more audience interaction over the course of time, but no, they got rid of all of that. And so they really made it much calmer which is one of the reasons I really appreciate it. It’s not panic-inducing the way other game shows are. They’re designed to activate those corticosteroids, the stress things.

**Craig:** Yeah. I mean, game shows in general are very Vegas. There’s lights. There’s cheering. There’s a kind of mania to it. Everybody seems coked up. They want you to be coked up. They want you to be jumping up and down and clapping. And Jeopardy! is like it’s an exam and you will quietly answer the questions. And everybody understands we’re here for quality. And if you can answer them, you’re quality, and if you can’t, you’re not. And it’s wonderful. I love it.

And I mean I’ve never taken the test. I’ve thought about it. But I’ve never done it.

**John:** Yeah. I’ve never taken the test either. And what do you think your best categories would be on Jeopardy! Craig?

**Craig:** Well, you know, the thing is you want to say one and then you realize, oh, then one day I’ll get there. That will be the category and I’ll just get the ones that I just happen to not know. But I would guess that my best categories would probably be in the sciences.

**John:** Yeah. I think I’m probably best in my sciences as well. Science and sort of general pop culture things. I’m not great with my presidents. That’s part of the reason why I memorized the presidents in order this year is because I wanted to be able to have some sense of where things fall. I’m not great with pop songs. Any sports thing I’m just dead on. So, those are the challenges.

But things like international cities or places I’m pretty good. I’m bad with my rivers. It’s fascinating there is just a body of Jeopardy! knowledge that is pretty specific that’s not even general trivia knowledge. It feels kind of unique to Jeopardy!

**Craig:** Yeah. There’s like a sort of Jeopardy! Studies could be a class. There are obviously people who cram on this stuff who take trivia very, very seriously. And paintings, I’m a zero paintings. Just a zero. I know there’s stuff I just don’t know. Shakespeare. I’ve read a lot of Shakespeare. I just don’t remember things.

**John:** I don’t remember who is in what play. Couldn’t do that.

**Craig:** To an extent.

**John:** One interesting thing, Jeopardy! is a WGA-covered show. So not a lot of these kind of shows are WGA shows, but Jeopardy! is one of them. So all of those questions and answers you see written, those are written by WGA writers which is great. There’s a special contract for game and variety shows. But we’re glad to see that be covered.

And I hope it goes on another 30 years. I don’t see a need for this to change. And I feel like at some point we’ll be in a post-Alex Trebek time and that will be sad, but it will also be fine. Because I think it doesn’t rely on his force of personality to work. I think it relies on the cultural consistency of who those players are and the way the questions are asked.

**Craig:** Yeah. There’s going to be a change coming. We all know that. It’s a sad reality. And I just hope, and I expect, that the folks who make Jeopardy! will understand that continuity of tone is everything. That’s going to be the key. Continuity of tone.

But hopefully Kevin keeps winning. He’s up to a hundred and how much?

**John:** I think $111,000 as we’re recording this, which is fantastic.

**Craig:** After taxes that will be $12. [laughs] You know they give you the tax form right then and there. They don’t mess around.

**John:** Anyway, we’re very proud of Kevin, so continue to please watch him on the show. Root for him. It doesn’t really matter whether you root for him or not, but you know somebody who is on Jeopardy! right now. Through us you know somebody who is on Jeopardy! And weirdly because it’s been so LA-centric Franki Butler was on the first episode of the new ones, and she’s a person I know through WGA business, too. So, it’s been nice to see a lot of locals on our show. And hopefully people from across the country can come back to Jeopardy! at some point. But for now it’s nice to see a lot of LA folks.

**Craig:** Indeed.

**John:** Cool. Thanks Craig.

**Craig:** Thank you, John.

 

Links:

* [Slinky Movie](https://variety.com/2020/film/news/slinky-movie-tamra-davis-1234794706/)
* [Scriptnotes Voting Special!](https://www.youtube.com/watch?v=Sl91khJ_ebw)
* [Eric Roth](https://screencraft.org/2019/01/10/5-screenwriting-lessons-from-oscar-winning-screenwriter-eric-roth/)
* [WGA Residuals](https://www.wga.org/contracts/contracts/mba/2020-mba-contract-changes-faq)
* Follow along to the discussion of [Feature Residuals in 2020](https://johnaugust.com/2020/feature-residuals-in-2020)
* [Lucky Exports](https://deadline.com/2020/10/christina-hodson-margot-robbie-lucky-exports-pitch-program-1234597030/)
* [Unmemory](https://unmemory.info/)
* [Kevin Walsh on Jeopardy!](https://deadline.com/2020/10/jeopardy-alex-trebek-one-contestant-final-round-1234597250/)
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Rajesh Naroth ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/472.mp3).

Scriptnotes, Episode 471: Sing What You Can’t Say, Transcript

October 6, 2020 Scriptnotes Transcript

The original post for this episode can be found [here](https://johnaugust.com/2020/sing-what-you-cant-say).

**John August:** Hey, this is John. Today’s episode contains some strong language, including lyrics sung by our special guest.

Hello and welcome. My name is John August.

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

**John:** And this is Episode 471 of Scriptnotes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the show we welcome back one of our favorite people. Rachel Bloom is the award-winning co-creator and star of Crazy Ex-Girlfriend. Welcome back, Rachel.

**Rachel Bloom:** Thank you for having me. I’m so excited to be back. I was just listening to Scriptnotes yesterday.

**Craig:** Aw.

**John:** Aw.

**Rachel:** It is one of my delights as I continually, endlessly clean my house which is now all I do. And it’s such a good excuse to love cleaning.

**John:** Aw.

**Craig:** Yeah.

**John:** Last time you were on the show we talked about better portrayals of sex onscreen. And this is possibly confirmation bias but I feel like I’ve seen some better portrayals of sex onscreen and I want to credit you and us for at least people thinking about how they’re portraying sex onscreen.

**Craig:** Yeah.

**Rachel:** I mean, it’s definitely all us. And it’s definitely specifically that conversation that we had, obviously.

**Craig:** And probably mostly me.

**John:** Yeah.

**Craig:** It was us.

**John:** It’s mostly Craig.

**Craig:** [sings] Mostly me.

**Rachel:** Yes!

**John:** Now today Rachel we want to talk about songwriting. I want to talk about the art of songwriting and the business of songwriting because you have some opinions about how songwriters are paid and not paid for the work they do in Hollywood. And let’s try to solve this problem as best we can over the next 45 minutes.

**Rachel:** Oy, OK.

**John:** Oy.

**Craig:** I know.

**John:** And in a bonus segment for Premium members I want to talk about revivals which is what musical theater calls reboots. And what things should be revived, what things should not be revived, and how we’re thinking about stage musicals in this time.

**Craig:** I mean, I’m all for this. This is a dream come true. This is my kind of episode. I might actually listen to this one.

**John:** Ha-ha. That’s how good of an episode we’re going to have.

**Craig:** Yes.

**John:** There’s actually news this week. So we’re recording this on Friday morning, so obviously the thing that just happened was that Trump got COVID. We’re not going to talk all about that, but there’s other stuff that happened this past week.

**Craig:** Yeah. Let’s talk about anything other than that. Please.

**John:** Anything other than that. So this past week the Hollywood Commission on Eliminating Sexual Harassment and Advancing Equality released a survey of nearly 10,000 workers in the entertainment industry. So this commission is the Anita Hill Commission. The one that Kathleen Kennedy helped set up. It started in 2017 on the heels of #MeToo. And so this was a big survey of people working in the industry. It got released. I didn’t hear people talking very much about it, but I want us to talk about it because we were talking about this quite early on.

We’ll put a link in the show notes to this, and both the article is about it and the actual link itself. It’s a beautifully illustrated report. I think this report is 18 months too late at least, and I don’t feel it actually has a lot of very actionable information.

**Craig:** Mm-hmm.

**John:** But let’s talk about some of the information they have in there. So, only 35% of survey respondents believe that a powerful individual such as a producer or director would be held accountable for harassing someone with less power. But there’s an interesting gender split there. 45% of men believe that someone would be held accountable whereas only 28% of women have that same belief. So, again, that seems to track with my experience is that men don’t think the situation is as bad as women think the situation is.

**Craig:** Yeah.

**John:** One good thing the survey did is they talked to people across different areas of the industry. So they talked to people in talent agencies, commercials, film and TV, live theater, and corporate. There really weren’t big changes in any of those different categories. So, no matter where you’re at you had a similar kind of experience.

And less than half of workers felt that they noticed progress since the #MeToo movement began.

**Craig:** Yeah.

**John:** Is any of this surprising to either of you?

**Craig:** I mean, not to me. I think that there is a pretty clear direction that this is pointing out. The part of it that seems particularly useful, at least from my point of view, is the part where they’re saying, “Look, there is just simply not high enough of a number of people who are being victimized who feel comfortable enough to report.”

So the conventional wisdom is everybody is constantly reporting everything. And everybody is inundated with by HR complaints. But in fact in reality that is not the case. And that people just are still reluctant to speak out in our business when they are being victimized. That is something that does feel actionable in terms of reshaping the way that the mechanisms work.

I mean, I think that there is value in these kind of like people feel questions because it does show that there is a total lack of trust among the traditionally victimized people in Hollywood that Hollywood is going to fix itself. And so in this case we’re talking about women and we’re talking about racial minorities, people of color. They’re like, yeah, we didn’t really think anything is changing and we don’t think it’s going to change. And I don’t blame them for that.

On the other hand, I’m not sure why there was so much emphasis on how do you think things are going, because really what I kind of want to know is how are things going. And from what I can tell they’re not going well but maybe going a little bit better? Rachel, what’s your feeling?

**Rachel:** You know, I’m thinking the same thing. What are those actual stats? Obviously, I mean, I have a lot of thoughts on this. I don’t even know where to begin. But I think the first thing is are there stats on complaints. Are there anonymous stats that the HR departments of each studio, for instance, could release to us? Now, I know that that gets touchy because having been in a position of power and very familiar with the HR system it’s a very separate confidential process. Litigation can be involved. People getting fired can be involved. So they’re very, very secretive about it. But I think that like, you know, secrecy breeds a system that doesn’t fix itself sometimes. So I also would be interested in the actual stats.

That having been said, it’s weird because – OK, so first of all I talked to someone the other day who is writing on a staff and the showrunner on that staff is hostile to women. But not in a way that’s like, “Hey sugar tits. Or like I’m not going to give you the script because you’re a lady.” You know, it’s stuff that you can’t articulate why.

Like if you were to write down what they said it’s all – it’s all kind of this dog whistle hostility that you know something is wrong but because it’s not like out and out harassment it’s hard to articulate. And I think that that’s what makes – when the pressure is on you to report something you can’t just call HR or people might feel that they can’t just call HR and be like, “There’s just this feeling of hostility.” You have to have these concrete things because they’re keeping a record of the things said.

And having been in situations where there’s something off and you can’t articulate it and you start to question well maybe it’s me. Maybe I’m just overly sensitive. I can see a world in which we’ve gotten a lot of the actual offenders, right. Assumedly. We’ve gotten a lot at least of the blatant harassers. The fucking rapists. The out and out racists. Now you’re in this I think with some people this second tier. It’s definitely inappropriate and harass-y and bullying, but it’s less like tangible. It’s much more like contextual. And that’s a lot harder to report and scarier to report. And that’s why it falls on people in power to question their power and privilege because ultimately it’s like your personality fucking sucks.

That’s when we get into like change your personality. Change your leadership style. And some people I think are unwilling to examine that. And then also as far as like people’s reluctance in reporting, I saw up close what happens when you report. So basically a couple years ago there was this program called the CBS Diversity Showcase which still exists. And every year – now they just call it CBS Showcase which I think is a huge improvement.

But basically it’s a big sketch comedy show put on by CBS every year showcasing diverse people. Basically anyone who isn’t–

**Craig:** A white guy.

**Rachel:** Straight, white, and white women, too. Straight white men and women, basically. But then it also includes differently-abled people in that. And I being in the comedy community had a ton of friends who did this. And for years I heard horrible stories about, I mean, racism, fat shaming. I mean, the straight up use of the N-word.

I’d heard all these stories. And so when I actually started working for CBS, because CBS was the studio of Crazy Ex-Girlfriend, I got an invite to the diversity showcase that year. I was like, man, now I’m in a position of power here. I’ve got to say something. And so I went through – but it wasn’t on behalf of me. It was on behalf of like a bunch of people. And so I went through this process. And so it started out by asking various people, hey, are you aware that the diversity showcase is terrible? And no one at CBS was aware because it was in its own bubble.

So then they said well here’s who you talk to at HR. I talked to HR and they said, OK, well here’s how you have people come report. Here’s our actual reporting line and then here’s our anonymous reporting line so people can call in anonymously.

So then I sent out some emails and I posted a thing on a couple private Facebook groups saying, hey, various people have been complaining about the CBS Diversity Showcase for years, I just want to let you know CBS has, I’ve been assured, a strict non-retaliation policy if you complain. Because the worry is with people complaining – because it’s not like people – people knew in theory they could complain. I don’t think they were necessarily given the numbers to HR, but they theoretically knew there was a way. But they were afraid because the whole point of this showcase was to expose them to casting directors and people who could hire them. And the worry is well if I complain I’m going to get taking off of those casting lists, which is going to defeat the purpose.

Or, if I complain what if this whole program gets taken away? So, all I did was give people numbers and emails. And what was interesting is otherwise very outspoken people were like, “I’m afraid to complain,” because of those exact things. Sure, you say CBS has a strict non-retaliation policy, but you can’t prove to me that I wasn’t suddenly removed from a casting list. There’s no way to actually record that. There’s no way to actually record how various casting directors or heads of casting are going to like, if they’re thinking of a role, to just like not think of me. There’s no actual way to monitor that. And then god forbid this program gets taken away if this blows up.

So eventually the program did change. But what happened was, because this was in the wake of #MeToo, some independent publications, I want to say it was like The Wrap and I think it was Vulture – I could have that wrong – they were separately talking to people about sexual harassment, which I hadn’t heard about, from one of the heads of the showcase. And then the racism and kind of homophobia and sexism kind of came along with that.

So, I’m still not sure – my point being, because the showcase did change. And it changed for the better. I’m still not sure if that was HR dealing with the racism and the things that people I think had reported based on me giving – because I know some people did call in with complaints based on the numbers I gave them. Or, if people were like, you know what, I’m just going to go straight to news sources because that’s the only way to get things done. I actually still don’t know and I still work with CBS. I want to have faith in that system. HR was very nice to me when I spoke to them. Obviously the situation didn’t affect me, so there was only so much I could do and so much that I could share.

So I don’t know what came first. If it was HR dealing with this or if someone had to leak it to The Wrap to actually affect change.

**John:** Well, one of the things I hear you talking about is we talk about sexual harassment, which is obviously how this all started. We also talk about racial disparities and racism that’s happening. But there’s also just kind of abusive behavior on the behalf of showrunners or executives or other people. And I do feel like if we see a change from 2017 is that all the stuff we sort of knew about but we literally weren’t talking about we are talking about that a little bit more. And some of the CBS showrunners have been fired off their own shows for being assholes.

And so that does feel like there’s some progress there.

**Craig:** Yeah.

**John:** But I don’t think we’ve cracked how you report an actual incident in ways that make you feel like you are not putting yourself at risk whistleblowing on this.

**Craig:** I mean, it’s probably based on what Rachel is describing, and also based on the way that this report functions, it seems to me like this will continue to be something where there is not a clarity that you would hope for, but there is at least an increase in attention and the more that we look at it, even if we’re looking at it imperfectly, if we’re maybe not doing the perfect survey or the statistics don’t cover every possibility, or the system for reporting isn’t what it ought to be, if we keep looking at it and we keep talking about it in theory it will slowly but surely and inexorably improve.

I don’t know what the perfect situation is. I think that sometimes Hollywood, I mean, for instance the Writers Guild for well over a decade has been commissioning a yearly report on diversity, as if paying for a report on diversity was the same thing as helping diversity. It’s not. We do have a tendency – we love reports. It’s one of our things we love to do in Hollywood. We love a report because it’s something that’s easy to do. And it’s not easy to fix the problem that every single report will report. It is always the same.

**John:** But the difference between a WGA report on diversity is we’re looking at how many people are actually employed. And those numbers are actual real numbers we can look at and we can see whether there has been progress, where there’s not been progress. And there has been progress at the lower levels of TV staffing. And it’s also helpful because we can – it’s our own members who are largely responsible for hiring those lower level members. So that is actually progress that can be done.

What’s so tough though is these invisible actions that are happening and people who are afraid to file harassment reports, like those numbers are tough to do. So I think my biggest frustration with this commission report is that this should have come out 18 months ago. We’ve also spent millions of dollars on setting up some anonymous tip line that still does not exist. I’m frustrated by how slowly this has all gone is I think my biggest concern with this commission and this report.

**Craig:** Yeah. Yeah. This is, yeah, it’s complicated.

**John:** So let’s go onto a much simpler issue for us to discuss which is ageism.

**Craig:** Oh yeah. Easy.

**John:** So also this past week the Career Longevity Committee of the Writers Guild of America West sent out an open letter decrying the Academy’s new rules for inclusion and representation saying they should also be mindful of age as a qualifying characteristic. So, we’ll put a link to the letter, but I thought we’d have a brief chat about ageism and how we rank that in our list of priorities of things to think about. And Rachel you’re our young person on the call. How old is old?

**Craig:** Saying young person is the oldest thing a human can do.

**John:** Isn’t it so great? I want to say you’re our young person. Ageism, how do you think about ageism? Are you mindful of people’s careers petering out at a certain point? Where does that fit in your list of priorities?

**Rachel:** Yeah. Ageism, I really first started to think about it when we were auditioning for the pilot of Crazy Ex-Girlfriend. And everyone who came in to audition for the role of Paula, which is we wanted women of – I don’t know if I talked about this last time, but we wanted women, any ethnicity, 40s to 50s. And they were all so talented. I mean, just like pros and so many of these women could also sing their faces off. People who otherwise you would never knew were singers. It’s like, oh, I’m an amazing actress, yes, and I can also sing my face off.

And so I realized like there are so many talented women and so few roles for them. So that’s one element of ageism is just opportunity. It’s interesting when it’s in terms of like a writing staff, we’re talking about writing with ageism, because then when you talk about age you start – like I’m starting to work on a project where two of the leads are going to be in their 40s. So I want to work with someone who is at least in their 40s. Because there are certain – it’s like a kind of project where there are references. I want a partner with someone who is in their 40s. So is that like reverse ageism? Sure, but what I really want is someone who has that life experience and background. It’s seeking out the appropriate person with the background and the life skills to better write and better inform this project.

And similarly when I wrote on Robot Chicken they were actively trying to hire younger people there because it’s a sketch show based on pop culture references and all of the references they’ve been doing were – there were a lot of like He-Man, a lot of like ‘80s shows. And I came in and me and some other people and we were like, no, we’re going to do some like Nickelodeon ‘90s shows, which now is also old. So I’m sure that they should start hiring some even younger people.

I feel like ageism gets – it definitely exists, it just gets trickier when it comes to writing because ageism overlaps with where you’re coming from, point of view, your experience as a writer. And it’s I imagine kind of harder to define and then also there’s this real rebellion against like straight old white men, but like old being one of those defining factors. And that being seen from a position of power.

So I think that it’s interesting to see, especially in writing, is age in writing in the context of writers, is that something that is discriminatory? Is that something that people suffer from?

**John:** Yeah. So I was able to look up some stats on this. The average age of a screenwriter on a top-grossing Hollywood film in 2014 was 46 years and 10 months. So it’s not just the youngs who are getting hired to do these things. And it is weird with a writing career though because it’s expected that you’re going to advance through things. You’re going to start at a low level and you’re going to move your way up and you start getting movies made. And then it can take 10 years to get your career started, so therefore you’re not going to be as young as you were once.

That doesn’t help the 60-year-old person who is looking to break in to the TV industry.

**Craig:** Yeah. That’s a perfectly good number. Writer of 65, whatever you want to call – I guess 65 is what we consider a senior citizen. The problem I have with this, and I’m just kind of astonished the more I’ve been thinking about it, is that the committee is essentially saying, “Hey, Academy, your new rules for inclusion and representation should also include white men from 40 years and up.” At that point there are no more rules for inclusion and representation. Because at that point if that’s all you need to do well that’s what we’ve been doing anyway. That’s who has been winning Academy Awards. White men between the ages of 40 and 60 as far as I could tell.

We’ve discussed this quite a bit that when you look at the statistics from the Writers Guild the age group that is being pummeled and underrepresented is not writers over the age of 40, it’s writers under the age of 30. They’re the ones who are getting killed. But when you look at the way our business actually functions, while there may be a world where there is this like line in the sand of a protective class that starts at 40, I am hard-pressed as a white man who is almost exactly in between 40 and 60 to say that people like me need protection.

I look around and I think that people like me are what Hollywood defaults to. So this feels like, uh-oh, sometimes as people are trying to make things better suddenly everybody is like well what about my thing and then at some point you have to say, no. I’m actually drawing a line there. I do think that there is an issue for older writers. We’re just talking about writers now 60 or 65 and above. I think those numbers are real and I think there is just an endemic kind of ageism in our country and our culture. But from 40 to 60, which is what this committee is suggesting as far as I can tell, no. I think that’s a terrible idea. I do.

**John:** Hey Rachel you’ve had to work with people who are older than you. And you’ve had to be the boss of people who are older than you. And that’s a thing I do hear when I think about writers working on writing staffs where they’re not the senior person but they’re quite a bit older than the people they’re working for, is that an awkward dynamic ever?

**Rachel:** On my end, no. Because I feel like the art that we’re doing – I feel like comedy is such an equalizer. But in general focusing on a task, from my point of view, but again I was a boss, so I’m coming in from a position of power. So, like I want to acknowledge if you ask people from my show they might be like, “Yeah, it was really weird that I had like a 20-something year old bossing me around. Like it fucking sucked. It was humiliating.”

So from my point of view I’m like, yeah, we’re all in our nebulous 30s/40s. That’s how I kind of see everyone around me. It’s about the work. But I think what occurs to me with this is what you said earlier which is breaking in. And there are a lot of programs where it’s like young writers’ new work and young writers has become synonymous with people just starting a career, but there are people who maybe aren’t “young” but want to break into the business and have things to say. And they should be given a fair shot.

This is really true, or this is like really true, is with women and directing. Because – and Rachel Specter and Audrey Wauchope who were writers on Crazy Ex-Girlfriend they’ve talked a lot about this because they wanted to co-direct an episode of Crazy Ex-Girlfriend. It was their first foray as co-directors but they’d been writing partners for – I mean, 10, 15 years. And they had to appeal to the DGA board. And basically they didn’t get approved as directing partners, despite the fact that they’re definitely partners.

And a bias that came up is like well why haven’t you directed more together. And it’s like we had young kids. Being a director you have to be on set constantly. And if you are a mother with young kids you cannot be gone 18 hours a day. And so there is an implicit break from certain aspects of one’s career when your kids are little. And I think that’s a really big issue is the strike against moms.

And this is a larger thing – and I thought this way before I was a mother. And now that I am one I feel this so much stronger which is the lack of paid maternity leave and paid paternity leave. And that’s an overall cultural problem. In general that then leaks into our various guilds.

**John:** Absolutely. So if you’d waited one more year you would have gotten your paid parental leave which the WGA got in its last contract.

**Rachel:** Yes.

**John:** So that is something. But I want to go back to what you said about this idea of we often conflate younger with newer or less expensive. I remember very distinctly I had a lunch meeting with a producer who I really liked and she was great. And I had worked with her before. And she sort of half-pitched me this idea of something they were working on. And I was like, oh, well that sounds great. And she said, “No, we’re looking for a younger writer.”

And I was 30. And I was like, wait, I couldn’t believe she was saying that. And of course what she really meant was a less expensive, less experienced writer for it. But I do think we conflate these two things. And I think that’s to our detriment. We deliberately sort of discount anybody who isn’t in a very clear slot of being like, oh, I really mean a writer who is about 25 years old is my perception of who the writer is for this project. And that’s something we need to past. Because that’s a bias that I hear myself saying, too.

Like I’ve tried to not say Baby Writer anymore. Because it’s infantilizing and sort of makes me think of somebody who has just no idea what they’re doing, when in fact they are a competent person who can write which is why I’m considering them for a job.

**Rachel:** Yes.

**Craig:** Agreed.

**John:** Cool. Rachel, you are a songwriter in addition to being an actor and a writer of scenes. Can you talk to us about the process of writing a song that you know is going to fit into a filmed narrative? So obviously you did a ton of this for Crazy Ex-Girlfriend, but you’re also doing this for Broadway. You’re doing this for other things. Talk to us about in your head that moment where it goes from characters speaking into characters singing and how you think of that transition and just the craft of coming up with a song that is doing some storytelling.

**Rachel:** Ooh. A lot.

**John:** A lot.

**Rachel:** Well, I think I go back to that old adage of you burst into song when the emotion is too strong to speak. And then when the emotion is too strong to sing you dance. That I think rings very, very true. You need a heightened state of emotion in order to burst into song. Or you need something to be heightened. You need a grandiosity.

So, if you look at opening numbers, like even the South Park Movie, the emotions are heightened, sure, but it’s also that they’re setting up South Park to be this beautiful, grand town. And they’re doing a kind of Beauty and the Beast like opening with that. So I think there needs to be some sort of intensity or just a reason why a song here. And that’s a really loaded question because there can be a million reasons. Like on Crazy Ex the emotion was nine times out of ten always high, but occasionally we would have songs that were almost like from the writer’s point of view that were making a point. Because also comedy songs are such efficient ways to explore comedic ideas. I see most of the songs I write as like musical sketches.

It’s ways to like boil down these ideas and fully explore them. And so I’m trying to think of an example on the show where it was maybe the writers coming through. Oh, perfect example. So in season three Rebecca Bunch is kind of at a very, very low point. And a song comes in called The End of the Movie. So Rebecca is despondent. And she could sing a song right now, but instead this voiceover song comes in. And it’s a song about how Rebecca thought she was in a movie this whole time. But if this were the end of the movie it would suck because life fundamentally doesn’t make narrative sense. And it’s sung by Josh Groban.

So that was, sure, motivated by a low point in the story and Rebecca’s emotions were low, but it’s also something we as the writers wanted to say and use to comment on the situation. But I think that even then it was a remarkable low in the story.

**John:** So something like that song, you know where in the context of the story it’s going. So you can’t write that song independent of the actual scene or the sequence in which it’s going to be dropped. It just doesn’t make sense to write that song independently of that. So, as a songwriter, and was this you and Jack? Who was doing this song?

**Rachel:** This was actually a big brainstorming session between me, Jack, Adam, and Aline, this particular one.

**John:** And so you’re coming out of this with just a list of beats or ideas or like these are the things that are going to be in the song and then it becomes the responsibility to put lyrics to it. But you have an outline for what happens in the song independently of where the lyrics and the music are going to go, right?

**Rachel:** Yes. So that song was really almost all Adam, because we had had a brainstorming session where we said it should say like life is a series of revelations that occur over a period of time. And Adam was like oh my god that’s such a great lyric. He really honed in on that song. But generally the way that I go from like a bullet pointed list of ideas to crafting a song is I’ll take the brainstorm and I’ll be like, OK, so first of all what’s the hook. What’s the title of the song? What’s the chorus of the song? What’s the thesis statement of this essay that you’re writing? That comes first.

And then, OK, what is the structure? Does it feel like it’s going to be a verse/chorus structure? What will best serve the idea of the song? And then you’re like, OK, if your verses are your supporting paragraphs – sorry, AP English kid here, so I still think about it like college essays. If your verse is your supporting paragraphs, OK, what are the fundamental ideas I want to have in this verse? How do I want to heighten it into this verse? OK, what should the bridge say? How can the bridge be a departure that kind of goes a different place but then eventually gets you back to the song?

And you start kind of putting sentences and putting jokes in these verse structures. It’s not like lyrics yet. But it’s just organizing your ideas in these clusters and then you start to like rhyme. That’s how I structure it. That’s how I begin to write songs.

I know some people probably they’ll get like a rhyme in their head and they’ll be like, OK, I know I really want this line in there. And so that’s definitely–

**John:** That’s the germ there.

**Rachel:** Yeah, like we knew when we were writing the song Strip with My Conscience, like we knew we wanted this line that Jack came up with of “Let me choke on your cocksuredness.” And so like that was something that came up in the brainstorm. And it was like well that’s a great line. We have to put that line in there. So then it’s a reverse engineer of like, OK, that line is great. That could work in this verse because I know that in this verse we’re going to be talking about this aspect of her sexuality. So then how do we rhyme with cocksuredness? It was reverse engineering. And the answer is luridness.

**John:** Now, Craig, what Rachel is describing, it does sound like writing a scene, doesn’t it?

**Craig:** It does. And I haven’t done anywhere near as much songwriting as Rachel has, but I have done some songwriting for movies. And when I was working on songs with Jeanine Tesori who is a brilliant composer but absolutely refuses to write lyrics. Refuses. [laughs] So that fell to me. One of the things that I was thinking about a lot and I’m kind of curious Rachel if this was part of your calculation was that there’s this awkwardness, there’s an inevitable awkwardness that occurs about one second after the song ends, which is like – and now it’s like almost everybody, like the song ends and then I almost want everybody to sort of look at each other like, “Do we just stand here now? Or what do we do?”

And so I kind of became obsessed with that moment. And really thought as much as I could about how the end of the song would compel the next thing. So that it wasn’t like “and song” and then grind the story up again, but rather push ahead so that even if the song, like a good scene was revealing something, creating drama, resolving a conflict, or whatever it is, that at the very end there was something actionable in the way the song played out so that somebody could do a thing. Or we could cut to a thing and not feel like it was arbitrary.

**Rachel:** Yeah. Yeah. And I think that that’s a testament, because that’s such a good point, that’s a testament to I think when a song is in the right spot most of the time it won’t feel like, well, that was fun. Anyway, we should get back to playing tennis. Because if that’s the case then why did you sing a song? And that song was an aside. So even in like, and I’m going to keep referencing Crazy Ex because I worked on it for a long time, so there’s this silly song we wrote called Man Nap which is a song that men should take naps more. And really silly song. Like one of the most aside songs we ever did. But it was a song sung by Darryl to Nathaniel saying you need to take a nap.

And so throughout the song Nathaniel was getting comfortable and falling asleep. And when the song ended he was asleep and everyone left the room. So there was even a purpose to that song. And that’s the hardest part I find writing especially comedy songs is it’s this balance of you’re furthering something in the plot but yet because you’re living in a comedy song the plot has to stop, because the second that something new plot wise happens in a comedy song it’s the death of the comedy, because you’re not living in this comedic moment.

And so it’s really hard. But it has to still be motivated. It has to be urgently motivated by something in the plot. You have to convince someone to do something. You have to tell the world how much you want something. And at the end of the song, oh my god, I’m going to go get this thing. And that’s also what you can use a bridge for. If you’re living in an idea for most of the song and you’re singing a song called I Want Some Cake. And the verses are like why you love cake. And the chorus is just like I Want Cake, I Want Cake. The bridge is like but wait a second, there’s a pastry shop right around the corner. I can see. It could just go there and get some cake. And then the ending chorus is like I’m Going to Get Some Cake. And then you go and get the cake.

Terrible song idea. But you get what I’m saying that it’s–

**Craig:** It’s the worst song ever. Ever.

**Rachel:** But it’s really hard to strike that balance because a song does stop – most of the time if you’re in comedy songs it does stop the plot a little bit. And so it’s very, very contextual. Craig, what did you work on with Jeanine Tesori?

**Craig:** It’s a movie that I don’t think will ever see the light of day, but we were adapting a Gregory Maguire novel. Not Wicked, but another one of his novels. And writing songs. And it was a joy. And I loved that part of it. Getting a movie made based on a property that people aren’t familiar with always kind of an uphill battle. But it was a great lesson for me because so much of what I kept thinking about was how do I get in and how do we get out.

And for a comedy song like you say why does it happen and also how can its comedy be sort of enmeshed so that it’s not like, again, we don’t stop the show to do – like I always think of Master of the House as the best example of this. I mean, talk about a heavy show, I mean, my god. Look down. Look down. And there are prostitutes that are being in thrown in pits and all the rest. And they’re taking her hair away and her child. It’s awful.

And then you walk into an inn and characters introduced themselves and you just slink into a comedy song. And you slink on out of the comedy song. And it just did it well. You felt seamless.

And I think that this is no different than when we’re writing scenes. I think a lot of times when I read scripts I will see scenes where I’m like this is a wonderful scene. It feels like everything just stopped, a great scene happened, and now everything is starting up again. And then so I don’t recognize how that functions. Yeah.

**John:** Yeah. I’ve definitely written a lot of musicals, but I’ve also written a lot of action movies. And I think the same transition from normal things are happening and suddenly we’re in an action sequence.

**Craig:** Right.

**John:** You have the same moments of like, OK, we’re now in a heightened space where this action moment is happening. And the same trouble of how do you get out of that action moment. You’re definitely thinking about that. And I find it weird that we consider writing action to be the job of a screenwriter but sometimes we don’t consider writing the musical number to be part of the screenwriter’s job. And I always insist that it is.

**Craig:** Of course.

**John:** That’s why in the things I’ve written I write the songs, even if I don’t think I’m going to be the person who ultimately is writing that final song. Because important stuff happened there and I need to show on the page what that is going to feel like.

**Craig:** Yeah. I mean, that’s a huge part to me, at least, of these songs is what are people doing while they’re singing? That’s such a big part of it. And with film as opposed to stage the options are essentially completely wide open. You are not stage bound.

**John:** Don’t need that economy of time and space. Not required. So what are you going to do?

**Craig:** Exactly. So what are they doing? What are they looking at? What are they touching? What are they holding? Where are they going? All of that stuff needs to be considered as part of the song so that you understand – it’s part and parcel because I will just keep saying, I mean, the cottage industry that keeps telling screenwriters to not “direct on the page,” absolutely direct on the page. Direct as much as you can on the page. Because the more you put on the page the more your intention will be carried through.

The danger is when I have seen scripts for a musical, I’m thinking of one in particular, where there’s a scene and then the action says, “She turns to camera and begins singing,” and then the title of the song. And then the next scene. So, wait, they’re just – that’s it? You think your job is to just say that they sing a song? What?

**Rachel:** It’s a fundamental misunderstanding. And also [other rising] of probably music, but also songwriters, because I too have read those scripts where it’s like, “And they turn and they sing something.” It basically is like you’re writing “and they sing some fucking bullshit. I don’t know. You’ll figure it the fuck out. But it wasn’t important enough for me to write because I don’t write musicals. And I’m like ironically writing a musical because my kid likes them or whatever.”

**Craig:** Exactly.

**Rachel:** Anyway, go fuck yourself. But, no, it’s part of the story. And, in fact, in thinking about what demands to be musical numbers, musical numbers are often – it’s synonymous with the term like the fun and games of the movie. When you’d be in a montage or when you’d be in the kind of trailer scenes of a movie. That would be in the trailer. You turn that into a musical number. So important things can happen in the musical number. It’s just that you can’t suddenly in the same musical number go from the “I’m on top of the world, I’m eating cake” to “oh no, cake has been outlawed.”

Again, this is my movie. It’s called Cake.

It’s a misunderstanding of how musicals work and the purpose that music serves. And I have firsthand experience and I didn’t mean to jump in, just before I forget, there is something called Demo Derbies which John you may have been seguing into.

**John:** I was total trying to segue, but you do the segue, because talk to us about how songwriters get involved in this process.

**Rachel:** Yeah. So, I also come at things, just I should preface with, because I’ve had the experience of being both a writer and an award-winning actor I see the disparity in how both are treated. And it infuriates me.

Case in point. I have done a couple of demo derbies. So, what happens is there’s a movie, a big movie, and they decide, OK, we want a song here, or we want to even make it a musical. And so they go out to a bunch of songwriters, give them very little context, and say, “Write a song to try out for our movie.” And not only write a song to try out for a movie, we’re not going to pay you. We’re not going to credit you with any ideas for a song we may take from the song you submit. And also could you make it a finished song? And we also won’t pay you for that production. OK, thanks, bye.

**Craig:** [laughs]

**Rachel:** So it’s asking a bunch of writers to pitch them an idea, except they can ask as many people as they want. Because usually if you’re pitching on an idea you know you’re in the mix. You know when it’s like a bakeoff. You know you’re in a mix with a couple of, maybe, I don’t know, a couple of other people. I’m sure there are sometimes more.

But often they’ll just solicit songs from as many songwriters as they want. I got an insight – I had a friend working on a major motion picture and they were showing me the song submissions. And there were upwards of 15 submissions from big songwriters. And they were also not only big songwriters but also they were fully produced. And that’s the thing that’s different from submitting a spec pitch to a studio is you’re asking songwriters to not only do the work of writing a song, which is really hard, and is frankly harder than coming up with a pitch. But also you’re asking them to pay for production. To pay for a studio. To pay a producer to comp together the vocals. To pay musicians. And they’re not going to – sometimes they’ll give you a demo fee. But most times they won’t.

And it’s just like a complete devaluing of songwriters’ time. And top songwriters do this because Adam was doing this. I did a couple of these with Adam and Jack. And it’s not good for the movie. It doesn’t serve the movie because you’re asking people in a vacuum to write a song without giving them the context. You’re not giving them any say on how the lead in to the song should be, how the lead out of the song should be. It’s other-rising of music.

**John:** Yeah. So I was emailing with you and Jack about this a year ago, even more than that. And we’re talking about Adam Schlesinger. Obviously an incredibly talented songwriter, producer. Did a lot of stuff for you on Crazy Ex-Girlfriend. On Crazy Ex-Girlfriend, you know, you and Jack and Adam were writing songs, but you were all employees of Crazy Ex-Girlfriend. So you guys were covered in ways that someone who is going up for one of these demo derbies is not covered and could theoretically be spending thousands of dollars producing these demos and have nothing to show for it.

**Rachel:** Yeah.

**John:** Ugh.

**Rachel:** Exactly. And granted, sorry, I will actively be breastfeeding during this next part.

**John:** That’s awesome.

**Rachel:** If you hear sucking and or cooing sounds.

**Craig:** Those might be coming from me, though. Just because I do that. It’s around that time of day where I just start making sucking and cooing sounds. Go on.

**Rachel:** [laughs] Everyone has their process. I don’t want to – because this was important to Adam. And I don’t want to speak for Adam because the way that Adam got the gig for That Thing You Do was it was a blind demo submission. So it can be a way – I mean, he wasn’t an unknown songwriter at the time.

**Craig:** No.

**Rachel:** It can be a way for people to achieve success, but it really takes advantage of songwriter’s time and just – yeah, it represents a fundamental misunderstanding of how musicals are done because the same is not the case for theater. If you write musicals for theater you are part of the creative – I’m in this right now. I have literal points in the decision making of a musical because there’s a union called the Dramatist Guild. So the book writers can’t make changes to my songs. That is in the Dramatist Guild. I am part of dreaming up the story for this musical.

There are rights that fundamentally understand the role of songwriting in storytelling in theater that you don’t have in film and TV.

**John:** Now, Craig, talk us through why it’s different, because you’re going to explain copyright and why there’s a big difference there.

**Craig:** This is the sort of push and pull of the world that we’re in. Because on the one hand in theater everybody that’s writing is an author. You author your songs. You’re the author of those songs. You write a play, you are the playwright. That copyright belongs to you. And so you are licensing the work and therefore you are collecting royalties on that work. And if you have a show like the aforementioned Les Mis that goes on and on and on, multiple revivals and tours, even high school productions, all of it funnels money back towards the author.

In Hollywood we don’t have that. We’re not authors. We are employees. Interestingly, I think for some of these cases where you’re writing songs you still maintain your authorship, but that’s why they can kind of do this to you. Because you’re not protected by a union because you’re not an employee. So the Writers Guild has a working rule that says you can’t write spec work on demand. In other words if a studio says you need to write 30 pages in order for us to decide if we’re going to give you this job, you’re not allowed to do it. It is a violation of our contract. It’s a violation of our working rules. But that’s because we’re employees. And a union can do that.

And when you are not an employee all sorts of cool things, but more of the Wild West. And you can be abused. It’s easier weirdly to get abused I think when you’re not under the aegis of an actual employee’s union.

**John:** Yeah. So I do wonder if there are situations, like we’re talking about these movies where there are demo derbies for that, but I often hear from people who are writing songs for animation projects. Or especially like TV animation where they have to crank out these songs for a Duck Tales or something like that. And in those situations I’m not sure they actually are holding on to the copyright for their songs. And I think those are all getting subsumed by the episode itself.

I want to find some protection for folks who are doing that kind of writing. And I don’t know that we’re going to be able to do it through the WGA. But at least we can shine a spotlight on these are abuses that are happening and try to change some of the behaviors here.

Rachel, you talked about a demo fee. Would that help?

**Rachel:** Yeah, and we got it – we had to demand it on one thing that we did. That would help. I think what would help more is in an ideal world if you have to submit a song for something you wouldn’t be expected to submit the full song. What you’d be expected to submit is maybe a verse and a chorus, or just your chorus, and it’s just on one instrument. It’s just a piano vocal. It’s just a vocal guitar.

Now that does ask executives to use their imagination, which I know is a strong demand for most executives. But that would be a more reasonable demand than write a full song. And then certainly write and produce a full song. I understand that like someone pitching a song, “OK, here’s the song I’m going to write and it’s going to sound like this,” I understand that you can’t really get a sense of what that songwriting style is going to be. But there is a middle ground between like produce a fully done song and pitch us your idea for a song.

And that’s where I feel like, and I don’t know much about how these decisions are made in the Writers Guild, but if the Writers Guild stipulated, OK, you’re a songwriter, if you’re going to pitch something on spec here’s what you’re allowed to do, here’s what you’re not allowed to do. But that implies that you would have to then get into the guild as a songwriter. It seems like there should be someone protecting the writers saying here’s what you are and are not allowed to do on spec.

**John:** Yeah. Because, Craig, I’m thinking about Rachel is obviously a WGA member, if she’s a pitching a song, I mean, she is writing scenes that go with it. So, it becomes a very fine line. Is she doing spec work in turning in that spec song for a thing? It’s the assumption she would hold on to the copyright behind it, but if it’s specific to the movie that she’s doing it’s not like she has any value for that work that she did that she could use and exploit in some other way. Her copyright isn’t–

**Craig:** If it’s written down on paper, if it’s written on paper then I think there’s an argument that it’s writing. And is covered and they can’t ask for it. If it’s an mp3, if it’s an audio file, it’s a song, then it’s not on paper. It’s not writing. That’s the weird part of it. I mean, according the Writers Guild right now. At that point you’re saying again that this is a song that you would own the copyright to but you would license. And if they’re like, “Oh, no, no, we commissioned this,” then even then the Writers Guild does not I don’t believe cover lyric writing.

**Rachel:** No. Sorry, hold on, burping a baby. But what these demo derbies – first of all you sign, I think, NDAs. I couldn’t be… [baby cries]

I know, I’m very sorry.

**Craig:** Aw. Hi baby.

**John:** I think it’s the first baby on Scriptnotes. I like it.

**Craig:** Hey baby. Hey.

**Rachel:** [baby cries] OK. OK. All right. Goodbye.

**Craig:** I imagine that you just put her down and she just walked away. Because she’s actually like eight. And she just was like – and you’re like, bye, and she just cries as she walks away, unsatisfied.

**John:** Yeah. It’s a Game of Thrones/Arryn kind of situation.

**Craig:** Exactly.

**Rachel:** Bye, I’m going back to middle school. Someone came in and helped take her away–

**Craig:** Spirit her away.

**Rachel:** For the moment. So, first of all when you do these demo derbies, they own the work that you do. It’s not like you’re licensing this song. You’re writing the song for this thing. It’s not like you can then take that song and be like this is my song. You sign – my brain is foggy right now, but I believe you – well, first of all, you sign NDAs about the material they’re giving you. But you also sign something that like they own that song.

So, you are–

**Craig:** Right. It’s a work-for-hire in other words.

**Rachel:** It’s a work-for-hire that sometimes isn’t paid. Right?

**John:** [laughs] An unpaid work-for-hire.

**Rachel:** But Craig you were saying is it on paper, it’s always going to be on paper because you’re always going to have lyrics on paper.

**Craig:** But do you submit those lyrics or not?

**Rachel:** Yes. I do. Here’s another wrinkle of the way that I do my work which is I don’t just write lyrics. If I’m writing a song I script the song, because I have very specific things that I want to have happen. So I full on any song I do it’s in Final Draft and I turn in the lyrics, or they’re in Final Draft. And I do scripted elements of the song. So I absolutely–

**Craig:** That’s writing.

**Rachel:** Yeah, no, I’ve done that for numerous places.

**Craig:** Well, you should stop. [laughs]

**Rachel:** Well, so what do we do? How can–?

**Craig:** Well, I think that for starters it would be good for the Writers Guild to know that some of these businesses that are asking writers to submit songs are either requesting or are accepting script pages. Because they’re not allowed to. It is a full violation of our working rules. They’re allowed to ask for songs all they want. You can also come and paint a mural for them. But if you’re writing script pages, including action description and stuff like that, then it’s writing. And they can’t do that as a condition of employment. They’re just not allowed.

**Rachel:** I mean, that’s me just the way I work doing that. So I don’t want to speak for other writers.

**Craig:** And they should pay you.

**John:** It’s not about volunteering. They shouldn’t be accepting it.

**Craig:** What they should say is, OK, if we want this and we do we’re going to at least agree to pay you scale. It’s not that much. Believe me. It won’t change your life. But at least it covers the work under the contract that applies. So, something to think about and certainly – by the way, I find a lot of times these companies or their representatives, they don’t know either. I mean, it’s been 10 years, but I sat in a room at Paramount, this is like four regimes ago, with the Committee on the Professional Status of Screenwriters, and we were talking to all of the Paramount executives about the free rewrite issue and why it needed to stop. And one of the junior executives said, “Well, we need to get a producer pass, so how does the producer pass fit in?”

And we were like, actually we didn’t even get to say it. The person who was the president of production, very embarrassed, I had to turn to her and say, “There is no producer pass. It’s not a thing.” They just don’t know. So in this case it may be also that they just don’t know.

**John:** Yeah. So hopefully we’ve raised some awareness on this and just like we improved sex onscreen we can improve the lives of songwriters who are trying to write for the film and television industry. We can always hope.

**Craig:** Yeah.

**John:** Craig, do you have a One Cool Thing for us?

**Craig:** I do. It is a revival of a former One Cool Thing of mine. I am obsessed as some of you know with the movie The Boys in the Band. I mean, I never saw the play. I have just not had the ability to see it performed live. But I am a big fan of the 1970 William Friedkin version of Mart Crowley’s excellent play because it is both awesome and terrible at the same time in various ways. It’s a remarkable thing and I’ve talked about it before.

There is a new Boys in the Band, the play itself has had a fascinating renaissance, where it had been kind of rejected – the history was it was on Off Broadway, then it went to Broadway. It was a big hit. They decided to make a movie. And while they were shooting the movie Stonewall happened and everything changed. And the story of Boys in the Band felt like it was out of its time, like it hadn’t kept up. And that so much of it was about the self-loathing homosexual. And nobody wanted to hear it at the time because the word at the time was pride. And it essentially got kind of pushed off into whatever the gay version of Uncle Tom is. It was just sort of like you go over there. We don’t want you anymore.

And now it’s back, which I think is great. Mark Harris who is a fantastic, I don’t know what you’d call him, critic, but like in the good version, not a reviewer.

**John:** Journalist. Yeah.

**Craig:** But a thinker about culture. Has written a really interesting piece about it contextualizing Boys in the Band as part of history, and particularly part of LGBTQ history.

So there’s a new version of Netflix, because everything is on Netflix, and what’s fascinating about it is that it is an all-gay cast. So the original, the movie was not an all-gay cast. It was mostly a gay cast, and tragically and not at all unexpectedly I think almost every single gay actor from the 1970 movie was dead by 1992 from AIDS. So it was sort of like tragic elimination of these very talented, brilliant guys. And so here comes this new version that has sort of this triumphant revival. Entirely openly gay cast of actors, including lots of actors that we all know like Zachary Quinto and Jim Parsons.

And I thought it was really well done. It was directed by Joe Mantello who is also gay. So it was like everybody everywhere was sort of like, OK, we’re going to do this with full representation. And I have to say I thought it was really, really good. But I want to single out Jim Parsons because – look, I don’t like speaking ill of the dead, but Kenneth Nelson who played the main character of Michael in the original Broadway production and in the 1970 movie, he just wasn’t good. I’m just going to say it. It’s just bizarrely over the top. He’s like in a different movie. He is over there in like Mommie Dearest land, and everybody else is like in a regular movie.

And Jim Parsons kind of reclaims that part and does it in a way that I thought was like, OK, yes, this makes sense. This is really good. I thought he was fantastic. So big thumbs up to Jim Parsons and in general to the production of The Boys in the Band on Netflix. Totally worth watching. A fascinating little time capsule from the late ‘60s.

**John:** Cool. Rachel, do you have a One Cool Thing to share with us? Anything you want to recommend to our listeners?

**Rachel:** Yeah, just in general a comedian. Demi Adejuyigbe. He is such a funny comedian and basically every year on September 21st for the past couple of years he’s done a music video online to the song Do You Remember…September, because it’s about September 21st. And this year he really topped himself. And they’re always these fundraising ventures. And he basically said if you give me enough money I’ll do another one this year. And he earned so much money this year.

So he’s doing these amazing kind of OK Go music videos that are also for a good cause. And just everything he does is so funny in general.

**John:** Agreed.

**Rachel:** Check out his stuff. And it’s Demi is his first name. And then his last name is spelled Adejuyigbe.

**John:** He’s great. And I believe he was a writer on The Good Place if I remember correctly.

**Rachel:** Yes.

**John:** He’s really, really talented. So we’ll put a link in that to the show notes. My One Cool Thing is just a phrase I heard this last week which I had never heard before which is apparently the common self-helpy kind of AA kind of phrase. But it’s “Let go or be dragged.” And it’s the idea that like if you’re holding onto something that’s pulling you into a bad place you need to let go of that thing. And it’s such an obvious idea and yet it would be so useful for so many things I could think of in my life where it’s like why am I holding onto this thing that is pulling me in such a bad way. And the proper answer is, no, you just have to let go of that thing.

And so “Let go or be dragged” is just a nice thought that I feel like I should put a stickie note on my computer here.

**Rachel:** That’s beautiful. I love that.

**John:** Yeah. But more crucially, not just a One Cool Thing, Rachel you have a book to plug. Tell us about your book.

**Rachel:** I do. Oh my god. Thank you so much for asking. It comes out November 17th which is great because we won’t be talking about anything else that’s way more important than my book.

**John:** No, 100 percent.

**Rachel:** In November. There’s like nothing else going on. It’s called I Want to Be Where the Normal People are. And it’s basically a collection of essays and sketches and comedic prose about my experience and feelings on normalcy and not fitting in.

And it starts in childhood and ends in now. And it was always going to be a kind of time capsule of part one of my life, before I had a child. And then now it is very much a time capsule of part one of my life because my child is the age of COVID, born in March. And I finished the book literally the day before I went to give birth.

So, if you feel like you don’t fit in, if you have a kid that feels like he/she/or they don’t fit in, if you want to read about what it’s like to not fit in because you wonder what that’s like because you’ve always fit in, check it out.

**John:** Excellent. And so we’ll have a link in the show notes to that so people can find that in all the bookstores everywhere. So, I’m looking forward to that.

All right. That is our show for this week. Scriptnotes is produced by Megana Rao. It was edited by Matthew Chilelli. Our outro is by Rachel and Jack Dolgen from our live show way back in 2014. Do you remember that live show Rachel?

**Rachel Bloom:** I do. Is that the one where I sang How Do I Get Famous?

**John:** Exactly. So, we’ll be playing that. If you have an outro you can send us a link to ask@johnaugust.com. That’s also the place where you can send longer questions. For short questions on Twitter, Craig is @clmazin. I am @johnaugust. Rachel, what are you on Twitter?

**Rachel:** I’m @racheldoesstuff.

**John:** Yeah. And you also are on Instagram which is where I more often see you, so follow her there.

We have t-shirts. They’re great. You can find them at Cotton Bureau. You can also find the show notes for this episode and all episodes at johnaugust.com. That’s also where you find the transcripts.

You can sign up to become a Premium member at Scriptnotes.net where you get all the back episodes and bonus segments.

**Craig:** Goodbye Rachel and goodbye to your baby. And I miss you. And we’ll all see each other soon.

**Rachel:** Yes. Miss you two men.

**Craig:** Bye.

**John:** Bye.

[Bonus segment]

**Rachel:** Oh, that was so good. I’m so proud of myself.

**John:** You should be so proud of yourself.

**Rachel:** Oh, that was good.

**John:** Yeah. That brings us back to a simpler time. A simpler time. A lovely time. A Christmas show. And we first got to hear about you. It’s where I first met you. And learned about this show. Back then it was a Showtime show. It was before you had even moved to the CW. Wow. So long ago.

**Rachel:** Oh man. Oh.

**John:** So Craig was going to be here for our revival segment, and then Craig had to take off because he had urgent work stuff to deal with. So it’s just you and me talking revivals. But I love a revival and you’ve been in revivals. Let’s think about revivals and musicals and what is sort of the point of revivals. And Craig’s actual One Cool Thing was a kind of revival, The Boys in the Band, sort of taking a thing from the past and looking at it with a new lens.

Where do you come down, Rachel, in terms of the energy we spend reviving old pieces of musical theater versus creating new ones? What should that balance be?

**Rachel:** Yeah. I have sometimes have problems with revivals that really try to like – if you’re going to do a revival that really reimagines something, where it’s like – at a certain point – and I don’t want to throw any like one revival under the bus, so I’ll be as vague as I can while still remaining specific. But if you’re going to do a revival and it’s like but I really want to make it about this, it’s like well then why not just write a new show about that? Because you’re trying to take a piece that was written in the ‘40s or the ‘50s and make a point about the way that we treat gender.

And it’s like, yeah, you can do that. And that is really cool. And that’s all the context of this is how we used to think and here is how we think and isn’t that contrast cool? And that does have value and I have a ton of revivals in my head that I’ve always – I should do a revival of 42nd Street where everyone is on an acid trip. I don’t know. I’ve had ideas like that.

But at a certain point there’s a very fine line between reimagining and then like just write a new show.

**John:** Yeah. And obviously all of the Shakespeare shows had antecedents. They were based on things that beforehand. But that’s not really what we’re talking about. We’re talking about sort of like, OK, we’re going to take the book and the songs from this musical and we’re going to stage them again, either as a very faithful recreation of them. So you and I have both seen plenty of those things where they dust off an old musical and just like stage it again for two nights.

You did one with Susan Stroman where they took an old musical and staged it.

**Rachel:** I did.

**John:** And it’s sort of fun to see what those things were like because they weren’t ever filmed in a way that you should see it. So kind of the only way to experience them is to see them. But then a lot of times you watch them and you’re like, well, that’s not actually interesting. Or that’s not funny anymore. That’s just not a thing we want to see. And that’s the challenge of some of these revivals. You realize like, oh, well maybe there’s a reason why we’re not staging this one again the way we do The Sound of Music every couple of years.

**Rachel:** Yeah. I think that’s also a good point that comedy has a real shelf life. And it’s a problem because the golden age of musicals, the ‘50s through the ‘70s, a lot of things are relevant but the comedy gets more and more and more dated. And then similarly I wanted to do – I looked into directing a production of Anyone Can Whistle, this little known Sondheim show, or lesser known Sondheim show in college.

And I got access to the script. And everyone was like, “You want to do Anyone Can Whistle?” Because the music is great. And they’re like, OK, good luck. And I looked at the book and it’s a mess. It’s an absolute mess. And there are a lot of musicals that are messes, but also that is a problem especially in early musical theater where everything is serving the song so the book is almost like an afterthought.

So then it’s like, OK, well do you then do a rewrite of the book, in which case is it a revival?

**John:** Yeah. Or a complete reinvention of a thing. This whole topic was brought up, our friend Dan Jinks tweeted this last week, “Broadway geeks, what’s a musical that has really good things in it but is probably not revivable in its current form?” And it sounds like book problems are going to be one of the big issues that get in there, but also just sometimes there’s a couple of great songs. You’re like, wow, that’s just so amazing. And then you realize like, oh, there’s also a lot of stinker songs that if you were listening to the cast album you’re just like clicking past those tracks.

And then you actually have, oh, we’re going to have to sit here for four minutes and watch this thing happen onstage, that becomes a real problem.

**Rachel:** Yeah.

**John:** So what do we do? The revivals, like Anyone Can Whistle, that’s a situation where you could go to Sondheim and say like, hey, I really want to do this thing and can we really take another look at the book or how we get into this? Or do we do just a concert staging or some other way to showcase those songs without being kind of stuck with the book?

**Rachel:** Depends what your goal is. Because they’ve done concert readings of Anyone Can Whistle that I think I’m pretty sure they did a glossed over version of the book. That’s if you want to just focus on the songs and say, you know what, let’s revisit these songs. They’re so good.

If you think the piece – and I haven’t read the script of Anyone Can Whistle in quite some time at this point, but if you think, you know what, this piece does have not only amazing songs but also amazing themes, and I have some ideas about how it could be just made fantastic, but it has some problems, or some things that we need to update. And there are ways to go to the original writer or the company that controls the rights and do that. That’s another way to go.

**John:** Yeah. We were talking about the difference between movies and TV shows where it’s all work-for-hire versus something like a Broadway musical where that copyright is controlled by the original playwright, or the original songwriters, and so you are not allowed to make those changes without their permission and their blessing.

There’s many good things about that, but it also gets into situations where you can’t make a change. It seems like an obvious change that you would want to make, it’s not just incredibly misogynistic or racist or just have real troubles putting on a modern stage. Tough.

**Rachel:** Yeah. And I know someone who got dinged in college. There were some fellow students who put on a production of Company but with an all-male cast. They wanted to make it about gay relationships. But they also decided to set it now, rather than setting it in the early ‘70s. So Another Hundred People became this like club song, which is actually quite interesting. But they changed certain things. They said like “I’ll text you.” They changed certain things to be updated with their revival. And R&H who owns the rights, Rogers and Hammerstein Company, found out and they had to write a personal apology letter to Stephen Sondheim.

**John:** Oof. But in some ways it’s kind of fun to write a personal apology letter to Stephen Sondheim because you’re like, ah, I got to write to Stephen Sondheim.

**Rachel:** That is cute. You’re right.

**John:** With all the trouble I created. With Big Fish, you know, the musical, there have been certain changes that we’re kind of allowing just because the show gets performed so often in kind of conservative campuses. Like Utah. Utah High School, they just love it. But there will be certain lyrics that they don’t want to say.

One of the things we’re sort of wrestling with is they try to have the Josephine character not be pregnant at her wedding, and it’s like, well, that’s actually kind of a crucial plot point. And yet if that’s the obstacle between you staging the thing and not staging the thing, I guess we’re just going to kind of live with it. Because we’d much rather you see all the themes and all of the joyful things of Big Fish than for us to get hung up on sort of how pregnant Josephine is at this wedding.

**Rachel:** Yeah. It’s all context of what are you changing, why are you changing. What’s the purpose of you reimagining? I remember hearing about a production of South Pacific done by the director Anne Bogart a while back that all took place in a mental institution. The patients were doing South Pacific as a therapeutic exercise. And I believe they got in trouble with R&H about it.

So it just depends on a lot of factors, but I think it all comes down to why. I think if there’s a compelling like why are doing this, why now. It’s also like contextual. Because there was about to be this Music Man revival with Hugh Jackman and Sutton Foster. I don’t think they were going to make many changes. And the question is like why now. Because it’s Hugh Jackman and Sutton Foster. And that’s going to be awesome. And they’re perfect for those roles and I want to see that. And I want to see The Music Man just done on stage again. And that sounds so fun.

**John:** It’s escapism. There’s always a role for escapism in these shows as well. You’re working on The Nanny right now. I’m sure you will tackle some meaningful social issues in The Nanny, but that is a piece of escapist entertainment that I cannot wait to see.

**Rachel:** Yes. And I signed onto that project because it’s a part of my childhood and because for me there is a – it’s a nostalgic escapism that also is part of my identify because it’s about a loud, brassy, outspoken Jewish lady. And so we are going to come at some things with a more contemporary lens. But especially whenever Broadway comes back, should this go to Broadway, of the why now, people are going to need escapism, especially like back to a time before a lot of complicated things happened. Let’s just say a time pre-9/11 to say the least.

**John:** That would be lovely.

**Rachel:** And I took a musical theater writing class where they walked us through why are you making something, a musical, when you’re adapting something that wasn’t a musical. And the fundamental thing is can you find a new element in the piece or can you make the piece better by making it a musical.

**John:** Yup.

**Rachel:** And I came to the conclusion with that that yes. But sometimes that’s not the case. If you have a movie out there that already has this 90-minute/two-hour narrative that is perfect, that I find less compelling to make into musicals.

**John:** Because then you’re trying to wedge some things in there and either you’re going to have to musicalize some things that were just spoken before, which is awkward, or you’re going to have to – you’re always going to be losing some things by putting the songs in. And in putting the songs in are you really transforming it in a way that’s better for everyone to be watching?

**Rachel:** Right.

**John:** Rachel, good luck with all and it’s so good to talk with you again.

**Rachel:** It’s so good to talk with you, too.

**John:** Cool. Bye.

 

Links:

* [The Hollywood Commission](https://www.hollywoodcommission.org/)
* [Anita Hill’s Commission Launching Industry-Wide Platform to Report Sexual Harassment in Hollywood](https://variety.com/2020/biz/news/anita-hill-sexual-harassment-survey-hollywood-entertainment-industry-1234786141/)
* [WGA West Career Longevity Committee Demands “Inclusion And Equity” For Older Writers](https://deadline.com/2020/09/wga-west-career-longevity-committee-demands-inclusion-and-equity-for-older-writers-1234588890/)
* [List of Academy Award for Best Director winners by age](https://en.wikipedia.org/wiki/List_of_Academy_Award_for_Best_Director_winners_by_age)
* [Ages of Top Grossing Screenwriters](https://stephenfollows.com/how-old-are-hollywood-screenwriters/) and [Directors](https://stephenfollows.com/how-old-are-hollywood-directors/)
* [Boys in the Band on Netflix](https://www.netflix.com/watch/81000365?source=35)
* [Follow comedian Demi Adejuyigbe on Twitter](https://twitter.com/electrolemon)
* [Let Go or Be Dragged](https://powerofted.com/let-go-or-be-dragged-3/)
* [Get a Scriptnotes T-shirt!](https://cottonbureau.com/people/scriptnotes-podcast)
* [Rachel Bloom](https://twitter.com/Racheldoesstuff) on Twitter
* [John August](https://twitter.com/johnaugust) on Twitter
* [Craig Mazin](https://twitter.com/clmazin) on Twitter
* [John on Instagram](https://www.instagram.com/johnaugust/?hl=en)
* [Outro](http://johnaugust.com/2013/scriptnotes-the-outros) by Rachel Bloom and Jack Dolgen ([send us yours!](http://johnaugust.com/2014/outros-needed))
* Scriptnotes is produced by Megana Rao and edited by Matthew Chilelli.

Email us at ask@johnaugust.com

You can download the episode [here](http://traffic.libsyn.com/scriptnotes/471standard.mp3).

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