Category: The Business

I’ve been working hard lately, so I missed the beginning of a great debate at The Artful Writer. For those who haven’t been following, in this column and the one that follows it, the Artful Writer provides nice insight into the experience of being an established, working writer in Hollywood and the issues you will face.

Kevin of Cincinnati saw a listing like this on Craigslist:

Screenwriters Opportunity

Can you do it better than
the films you see?
Do you have the next SIXTH SENSE
or WEDDING CRASHERS?
Now’s your chance to prove it.

Award winning Hollywood producer/manager
Looking for motion picture scripts.
All genres. Send synopsis
plus contact info. Cinn.

Kevin asks:

What would you make of a posting like this; is it to be trusted? Is there any difference between a synopsis and an idea? Can a synopsis be legally more protected than an idea?

There are some legitimate managers who solicit via the Internet. However, a legitimate manager will share his or her identity and credentials, usually on a website, and these credentials will be easily verifiable. Also, usually, a legitimate manager will make the writer sign a release before submitting material.

I am not saying the person above is not legitimate. I am saying you probably want to learn more about the manager before sending in your material. Email him (or her, who knows?) and ask for the manager’s background.

Aside from the lack of disclosure about the identity and credentials, the fact that the manager is in Cincinnati is also a red flag, or at least a yellow flag. Managers must be in regular discourse with producers and other dealmakers. Most of these contacts are in Los Angeles (at least, for the American market) and, naturally, so are most successful working managers. (There are also a good number in New York.) While it may not be impossible to function as a legitimate manager from Cincinnati, knowing the manager’s credentials is even more important.

As for the last part of your question, I assume it means, “Do I have to worry about my idea being ripped off?” Any time you share an idea with an anonymous source, you have to worry about being ripped off. Irrespective of the legalities of intellectual property law, you normally would not send ideas or synopsis to an anonymous email address. You should always keep a submission log and know exactly where and when you submitted material, always submit material with a cover letter or email (of which you keep a copy), and always follow up in writing if you hear no response.

The bottom line on listings like the above: before sending in your material, inquire of the person’s identity and credentials in order to make an informed decision.

Mary from Atlanta asks:

What a great site. Okay–I have a first book coming out in December. My agent is so/so. I kept the performing rights to the book even though it is non-fiction. I posted on InkTip and signed with a small “production’ firm/agency. We decided to market it as a reality show treatment versus screenplay. I wrote the treatment and sent 10 advanced reading copies of the book. That was in July. Hallmark approached me about a script but I handed that over to the agent. The book comes out in December…am going to be on two national TV shows and the publicity for the book is going well. Still, nothing from Ms. Hollywood. I have had a couple very non-specific emails…today’s saying that she wouldn’t know anything until after the holidays (does that mean Turkey Day, Xmas? Grrr…) Only signed a six month contract that is up in January. I know that I can’t approach anybody that she has but how do I know who she has approached when there is zero communication? Shouldn’t she send me some documentation so I know what is going on? This is how my book agent operated too. Please enlighten me. Can I approach Hallmark after the contract is up?

Congratulations on the book sale. You mentioned a few things about this agent that are troubling, although I cannot say for sure that any of them are a problem – just that you should get some clarity on what is happening.

First, I do not know what a “production firm/agency” is. Literary agencies are regulated by law and guild contract; generally, they are prohibited from producing. There are some current wrinkles to that prohibition which are beyond this post, but basically, mainstream agencies still do not produce. If your agency is holding itself out as a talent agency and producer, it is likely not a signatory with the major guilds and not a mainstream reputable agency. The closest reputable agencies come to producing is something called “packaging”, which is still not producing.

Second, you did not say what happened with Hallmark. If Hallmark approached you about a script, your agent should be all over it or, at a minimum, explain to you why she does not think it is a good idea to pursue this opportunity for you. Hallmark’s interest should not simply disappear into a void.

Third, I have never seen an agency contract that prohibits a writer from approaching anyone, ever. Obviously, you do not want to work across purposes from your agent (and, normally, you should give great deference to your agent’s strategy in this regard), but there should be no contractual bar to you approaching whoever you want whenever you want. I have not seen your contract, but such a provision would be very unusual – the agent works for you, not the other way around. In the motion picture industry, writers often have direct relationships with producers or talent and often directly ferret out interest in their work. (Keep in mind, this does not mean you won’t have to pay your agent a commission. If the sale occurs during the term of the contract, your agent usually gets a commission no matter who procured the work. If the sale occurs after the term, your contract should spell out which contacts are sufficient to create an obligation to pay a commission. Likely, the agent has to do more than merely submitting material if nothing happened during the contract term.)

Fourth, your agent should definitely keep you apprised of who is considering your material. I have never had an agent who keeps that information from me. Agents normally want you to know how much they are doing for you. Ask directly for a list of submissions if you are not getting that information.

All that having been said, writers who are inexperienced with agents frequently expect more contact than the agent has time for. Agents actually do work very hard (at least, good agents), and do not have time for a lot of hand-holding. Make sure not to pester the agent needlessly and respect the agent’s manner of working, but at the same time, get the information to which you are entitled. Unlike the book world, where submissions take months, if you are hearing nothing in the movie world, nothing is happening.

In summary, I cannot say for certain that you have a bad agent; you may simply not fully understand how the agent is working and what she is doing for you. However, some of what you have said raises some important red flags for you to consider and find out more.

Good luck with the national press, the agent and the book rights.

Calee of Los Angeles writes:

I wrote a screenplay 3 years ago that won a fellowship but was never sold. It was based on an obscure historical figure using research from the public domain. Recently, a book came out about the same guy with the same name as my screenplay. The agent is sending the book around town but it’s boring and brushes over the main dramatic point of my screenplay. Is there anything I should do to revive interest in my script or to make it known that if someone is interested in the book, there’s already an award-winning screenplay out there, even if it was written before the book? Also- do I have any legal rights to the title?

There is always a way to revive interest in your screenplay. Seek a director or actor for a lead role, search for a qualified and devoted producer to work with you, or find a bunch of money for production. Any of these things will revive interest. In fact, writing another good script can revive interest in a previous script.

As far as submitting your script to people interested in the book, if you can find them, why not? However, don’t be discouraged if they are not interested. It is very unlikely any of them will want to review your script if they are considering the book. It only creates potential legal issues for them if they do.

As far as the title being the same, it happens all the time. Titles are generally exempt from copyright protection. Sometimes trademark or other tradename protection is available, but even this usually does not apply to spec screenplay titles. You likely have no real protection. On the other hand, if you believe the author used your script in the creation of his or her book, you do have some rights. Proof is always an issue, but if you have some evidence that this is the case, you should definitely consult an intellectual property attorney.

Good luck with your script and, most importantly, keep writing.

I am publishing this entire question from Jack of Oklahoma despite its length because his experience is unique only in his perseverance, not in the difficulty he is having getting a break.

Hi. This is a combination question/remark/plea. I have been writing since the 1980s and have had my share of agents representing me. As of now, I have given up. I have written 30+ original screenplays and 6 (completed) novels. I need help. Lately, I have been posting my scripts on InkTip.com. They are legit, because I’ve seen and read about the results they are receiving. To attempt to make a long story short, is there anyone out there who can lead me to a site that can help me in gaining “real” representation for my scripts? Two years ago, I had two of my scripts pushed all the way to the top of Hallmark Hall of Fame and HBO, by my then-agent, only to be shot down from the top after the scripts being okayed by everyone between here and the words ‘the check is in the mail’ being spoken. Anyway, I have, in the past year, on my own, since my agent and I parted ways, been asked to write a script for an Indie Co. They found me on InkTip.com, liked what I had posted (the entire script) and then asked me to sign a contract to write a script using one of their ideas. I did so, and now I am waiting for word…any word, from them. So, still trying to make a long story short here, I am desperate, to say the least, in my search for a reputable agency to represent me. I used to have those thoughts running in my head, like I’m a hack, and can’t write my name, etc., but now that I know people like HBO and Hallmark, and Indie Co’s., believe my writing doesn’t suck wind, I know now I can send out my original scripts and not be embarrassed by them. So, to end, can someone give me any ideas as where to go to find reputable representation? What to do?I read the previous page from this site and looked over the “paying agents” article. Believe me, I’ve been there…and just recently, paid $79 for a critique of one of my novels, and being asked for another $79 for each and every critique rendered…(I know, I’m stupid for doing this, but desperation doesn’t exactly bring out the best in me)..and these are the same scripts and novels I already have had edited by reputable outfits. So, if this letter is answered, thank you, because I believe I have what it takes to make it, going by what little track record I have, but I need help getting to a WGAw signatory agent. I don’t mind paying for copies of my scripts to be sent out, it is just I don’t like paying for something I am not getting, as in deeper in debt. I can’t afford to be paying for critiques by someone who won’t do anything with it after the job is done…I have two daughters, a wife, a dog, and a bird to feed…besides trying to write while working two jobs. So, if there is anyone out there who can point me in a somewhat right direction, I would truly be grateful. Thank you.

I can’t refer you to an agent, Jack, but I can tell you that many, many writers get their first breaks without an agent. You obviously have a great deal of experience and probably have at least a reasonable personality if you’ve gotten as far as you have. You may want to change tactics and take to the phones yourself to contact producers directly. It will take regular efforts and many, many rejections, but when isn’t that the case in entertainment. A good place to start would be to call the people who liked your writing in the past – the folks at HBO, Hallmark, etc. Writing careers are all about making fans in the industry and you have already made some. Capitalize on it. When you call, pay attention to sounding professional, not desperate. Remember, you are talking your way through receptionists who get yelled at if they waste their boss’s time. Know what you want to say and be ready to pitch your ideas. No matter what you do, do not let lack of an agent stop you.

If anyone out there has any concrete suggestions for Jack, now’s the time to speak up.

DTS from Oregon asks:

If you are adapting a work that is in the public domain do you need to include the original author as one of the writers on the project when registering the work with the WGA? Or does the adapting author get sole credit with the acknowledgement that the work was adapted?

Registration of a work with the WGA does not affect credits. Registration is merely a private service for recording some proof of date of creation of your work, much like a copyright registration only with fewer legal rights protected. When you fill out the WGA script registration form online or provide information by mail, you do not need to mention the author of the work in the public domain that you are adapting.

WGA credits are determined at the time the motion picture is produced, once all writing is completed. It is based upon a complex set of criteria that does take into account the fact that you are adapting pre-existing material. The exact credit you will receive, if any, will depend upon a number of factors, including how many other writers worked on the script after you sold it to the studio, what they did to it, and how much of your original content remains. You can see the WGA criteria by going to wga.org (they have a spiffy new website), moving the mouse over “Writer’s Resources”, following the dropdown menu to “Credit”, clicking there, and then clicking on the “screen credits policy” link.

Tracy from Virginia asks:

Could you give us an idea of how to protect our budding “masterpieces”? After it’s written, and we’re mentally preparing ourself for the forthcoming fame (:) Is it best to try for an agent first (aiming for reputable with bona fide published works out there) and if your astronomically lucky to get one, how does that work? Do you pay them to represent you, or is their pay based on the level of success of the book – pushing them harder to get it out there? Do you just send it to them, or somehow get copyrights of it being yours before anyone sees it? Help!

You are mixing several different issues and I will straighten them out for you.

First, do not hire an agent that charges you a fee. WGA signatory agents are prohibited from doing so and no reputable agent does so. Some agents try to charge you for costs. I would try to avoid even that. See Agents Charging Costs. Better agents are sufficiently capitalized that they do not need to charge you anything until they sell your script or get you a writing assignment.

Second, do not just send the script to agents. They will not read it. The script will be tossed on a pile with the million other anonymous scripts that were mailed in and, eventually, it will be tossed out. You should not submit your script to an agent until you are invited to do so. The best way to get an agent is by referral. If you are not from Los Angeles or New York, there are still a number of techniques you can use to get an agent. See The Out-Of-Towners.

Third, regarding copyright, you own the copyright from the moment you create your script. It automatically springs into existence and it is yours. Of course, if you begin to share your work, you will need to prove that you created it and when you did so. There are several ways to do this. One is to register the copyright with the Copyright Office. Another is to register it with the WGA. The third way is to simply include a cover letter with your script whenever you submit it and send the script by overnight mail so you have a record of having sent it. Keep a copy of the cover letter and the mail receipt. I recommend doing this irrespective of whether you register your script. See My Idea Got Stolen.

Hope this helps.

Excellent discussion of copyright issues at Artful Writer. My only question – why bash the Marxists? Contemporary Marxists aren’t particularly anti-copyright. When it comes to art, they’re really more sort of pro-responsibility for the implications of your work. Getting paid is no longer a sin.