Thu, 2 October 2008 Where the #@$% have we been?! ...Scouting out the new landscapes of business in Hollywood, among other things. Comments[53] |
Please keep up the good work!
posted by: Michael Heister on Fri, 10/10 03:29 PM EDT
I have a situation and I was wondering if you might offer some advice.
I am currently developing a web series for a major studio. I went in to pitch some ideas and ended up being asked to come up with an idea that would fit into an area of content they are hoping to enter (for the sake of argument, let's say it was a move into comedy). Thus far I've turned in three drafts (each draft based on studio notes) of a short pilot along with all sorts of season outlines and supplemental material.
My question is this--although I am the creator/writer behind the series, there is nowhere on paper that says so. Further, I have yet to be paid although once the deal is made, I will be compensated and brought on to produce/write many more episodes. I understand that web stuff is a developing market, but if this were TV I would have been compensated thoroughly through some sort of development deal. At the same time I don't want to seem untoward by saying, Well, I've done all this work for you thus far, but I won't do any more until I am paid. In a career sense, I only benefit if this deal goes through and my show is made.
More to the point of my main concern though, in theory the studio could take the idea and get someone else to write it (assuming the worst here) and cut me out of the proceedings entirely. How do I protect myself and my idea from a legal standpoint?
Plans that would put this whole thing into production are on the very near horizon, but I just want to make sure all of my bases are covered.
Thanks!
It’s a call you have to make for yourself. We’ve eaten our share of humble pie over the years, too, and we’ve also vowed to stand up for ourselves and had that work out alright.
A key question here is whether you have a contract at all, whether you had it vetted by a lawyer, and what the terms actually ARE. The recent strike led to some rights for Guild members in the New Media world (you can look at the MBA, as the big union contract is called, on the wga.org website). I’m not sure if web work helps you get into the Guild, but you could call membership there and find out. If you have a contract, they might be able to look it over and see if the work is supposed to be Guild-covered – and if so, what sorts of rights you’re entitled to (if any, this is new turf for the MBA contract).
If you have no contract at all, the minimum effort you should make is to register the script with the Guild. It’s cheap, you can do it online these days, and then if they totally rip you off you have some kind of evidence (finding a lawyer who actually wants to sue a studio over the sums you’re probably talking about – well, that’s another thing altogether). And never, ever, work without a contract again.
Here’s the thing. You will always be asked to do work for free, and by it’s very nature most of this stuff fall into “work for hire.” Which means yeah, they can just hire someone else – seeya! So you do have a fairly weak hand here, that I can see. Unless your contract stipulates “milestone” payments for various steps of the process, you have to make them happy or walk away. If making them happy makes you miserable, then do just that. It’s not worth it.
If you can bear it, then it might be worth sticking it out. Having something to point to is a big step on the road to the lawyers, agents & general respect that can help you avoid situations like this.
Good luck. I hope it all turns out well for you.
Thanks for another great podcast.
Question: I'm in the midst of putting together a writing portfolio with the goal of grabbing the interest of a manager who can help me get going as a professional screenwriter. If you could put only the most effective type of script (genre feature, tv spec, etc) in a portfolio, what would you include?
Thanks always!
Depends in part on what area you're going into. The market for TV & feature writers is very different. There's some switching back and forth, of course, but they need to know what to sell you as.
The obvious is answer is "your best work." If they're actually looking you over, they'll likely want at least 2 things to read (everyone fears the one-hit wonder).
Hopefully your best thing is an original piece of work - something that shows you're a gifted, well-rounded writer. Your backup piece could be a TV spec if that's the field you want to get into.
People worry a lot about genres and so on, but my experience is that you will never have a clue what your target reader wants (in part because THEY don't know). Good writing is good writing -- it jumps off the page, whatever the topic, y'know? And if your best work happens to come out as horror or sci-fi or whatever, so be it. You'll be much happier in the long run slaving away in some genre ghetto but using your true voice than you ever will trying to chase the market and write popular stuff that doesn't really suit you.
Thanks for the reply--solid advice as always. Yeah, it is a bit of crappy situation because as with most baby writers, I am slightly nervous that if I push a bit or ask that things happen in a certain way (like, you know, getting paid to do development work), they will simply cut the project all together and go work with someone else.
Our next meeting is going to be the one where we finally nail down the logistics of this (very large scale for a web series) project. At that point I will ask them how contracts will work. Tricky, tricky.
I'll keep you posted.
The one recent development I neglected to mention is that at a monthly status meeting at the studio, one of the junior execs handling the web division pitched a dozen or so projects to the studio president and of all of them, mine was the only one he responded to.
So, it's going well, and there are a few other plates in the air right now, but again, I won't believe it till I see names and terms in writing.
The mention of making money doing movie marketing text and video games is a great reminder to anyone who wants to write of how to make a few dollars while trying to get a gig in TV or Film. If you run across others ways to make a living that is sort of tied into TV or Film making, keep mentioning those things.
For anyone who has not listened to the "On The Page" podcast, that is good one to catch. They had a guy who is also doing the text for movie marketing posters. She has had some guests who are doing the web based shows as well as some who managed to get started in Europe.
Keep up the great work Sam and Jim. I will assume unless I see your names in obituaries, that you are still going and that another podcast will happen.
If you guys hit 49 shows, I would glady put together a best of, hmmmm, worst of, no, let us just call it a series of clips from past podcast for use in the 50th show. If you want it.
Cheers.
posted by: Kev selling Toyota vehicles in SF Bay Area on Fri, 11/7 10:58 AM EST
1) I'm doing interviews for an upcoming series of segments about professionals from various different businesses, and I'd love to interview you guys about your restaurant experience. Would it be possible to squeeze in an interview in the next couple of months?
2) In a previous episode you talked about writing for games, and you had to do your work in a spreadsheet. Is that practice widespread, and how do you keep track of branching logic in a spreadsheet?
Thanks,
posted by: Steve Trautmann on Tue, 11/18 12:11 PM EST
A question of etiquette for you:
I have been pitching around a fair amount recently, and was wondering, in terms of etiquette, is it considered uncouth (hah! in this town...) to pitch a project to multiple studios/networks/etc without getting a pass from the others?
In other words, if I pitch ABC to X, and then the next day go ahead and pitch ABC to Y and Z is that seen as somehow sneaky? Should one wait to get final word from X before going ahead and pitching to Y and Z?
1. Send us a contact email, we'll talk interview.
2. The spreadsheet is for multiple iterations of lines for each character in different versions of each scenario. Not as hard to keep track of as it sounds.
GJW --
Pitch your little heart out, baby. How do you think bidding wars happen? If you wait for people to get back to you -- well, hell, we're STILL waiting to hear back from Showtime about a project we finally sold to ABC in 2005...
I myself am an aspiring writer, and it was wonderful to hear a success story! Your story has also helped me build up my resolve and recognize that it may be many years before I can make a full-time living as a writer.
I did have a few things that I'd love to hear you talking more about. First off, how did you guys get your first pitch meeting set up? How did you get to a place where networks were willing to hear your pitches? Was that an agent thing? Did you have an inside contact? Similarly, how exactly did your Shrek video game job come about? Was that an agent thing as well? Or did you apply to work on it?
Secondly - and in all fairness you might not have an answer to this, but I'd love to hear your opinions - why is the pilot process so broken? Networks spend MILLIONS of dollars making pilots that never even air! Why not at least throw those up on the internet? And why do the powers that be assume that just because a pilot didn't get picked up last year that it wouldn't be an AMAZING pick for this year? It just seems like the entire system is a huge waste of money. Do you have any insights you can safely share without upsetting possible future employers?
Third, I'd love to hear more about the day-to-day life of inside a writer's room. One of the things that most excites me about the prospect of writing for television is the allure of a room alive with creative energy and ideas bouncing back and forth. I'd LOVE to hear any more stories you're willing (or able) to share with us about what it's like inside the room.
My final question is a bit more personal to my situation. Being from Sacramento, I have absolutely no contacts in the entertainment industry. I've asked all of my cousin's best friends' hairdressers - and none of them have any contacts, either. So I went ahead and wrote a few spec TV scripts. Then I sent out my query letter to about 80 agents - and the very few agencies who didn't require a recommendation weren't currently looking to take on new clients. So now what do I do? Do I send out ANOTHER set of query letters? Maybe I just sent the letters out at the wrong time (I sent them out this last June.) Or is there another way to get an agent to at least look at my spec script?
Thank you guys so much for everything you provide to the community of hopeful writers. I hope to hear from you guys soon and am excited about whenever your next podcast might be!
(P.S. I'm sorry if you've already handled these points elsewhere in the comment discussions. You guys have enough comment discussion that you should think about turning it into a book.)
posted by: Searnold on Tue, 12/9 09:58 PM EST
I have been listening to your recent podcasts over the last couple of days and have been enjoying them hugely. Dad put me onto them a while ago (I believe you guys had some contact? Brendan who did The Naked Novelist podcast for some time) and I've recently returned to them.
Thanks for the insight and please keep producing them.
I love your podcast because it tracks your career from before you made it and all the way through. I'm 28 and planning on/terrified of moving to Hollywood from another country. Your podcast gives me a clear picture of what to expect.
I do have a question for you: I'm writing a spec script and so I'm watching episodes of the shows I like and trying to map out a typical structure.
During the time you discussed writing your House spec script, you said that after watching a few episodes you broke down its structure. Can you please give me an idea on the steps you take to do that: for example what specific events you look for, whether you actually map out the 3 acts, and so forth.
It'd make a great podcast but, failing that, a short note here would be incredibly helpful.
Thanks so much!
We've been seriously AWOL, we know. Sam just had a new baby, with all that entails. Perhaps more to the point, we've been in hardcore limbo for several months while our new Stephen King pilot deal has sorted itself out (you can imagine the armies of lawyers involved). But Monday we fly to Toronto to try to sell the first foreign rights -- and possibly seal the deal (as described in this podcast). So, sorry, but we haven't had a lot of new experiences to share -- the frustration of waiting having been covered already in, mmm, about 44 prior podcasts.
A quick response to Outsider on structure. Three acts is sort of an academic structure. It still gets talked about in film, but the idea of set up, a long middle, and a conclusion are really basic story elements that transcend acts. I say that because TV is far beyond 3 acts. Some networks are 4, or 5, ABC is 6. Every time the show stops -- for the main titles, for commercials, whatever -- it's the end of an act. You can call things teasers or tags or whatever, but those breaks divide the episode into discrete segments. The single most important thing is the the last moment before commercial, the "out" (also called about a dozen other things). It's a cliffhanger, or should be. The whole idea is make the audience so curious about what's gonna happen they sit through the ads (remember, the program is just filler: the ads are what TV is really all about. Seriously). The act break that falls on the half hour is especially important and should get an extra good out -- almost invariably on the "A" story (the big one for the epsiode) and nearly as often on the main character.
For House structure, watch the show a few times. You'll notice a Tease before the titles: a short bit, always on the patient as they fall prey to whatever dread ailment House is gonna try to solve. Then you get, mm, I think it's 4 more acts. At the end of 3 of them, House and his team will have defined the problem and implemented a solution -- which at the break is causing hepatic failure, seizures, cardiac arrest, or bleeding from spontaneously generates orifices. That last act, of course, includes Houses moment of inspirations while talking to someone, and ends with the patient's issues resolved. Oh, and usually the resolution of the thematic issue of the patient's story (abandonment, say, leading to healing between parents and child) gets tied back to a B story involving the staff (it almost always does) -- say Wilson realizing he's feeling abandoned by his girlfriend dying on him. There's some music involved, emotional resonance across stories, some finally confrontation where House is proved, yet again, to be essentially heartless -- but right.
Do you recognize those structures? Watch a few episodes, they'll leap out at you. House is a pretty tightly formatted show; these structures are always there. And when they're not, they usually make a point of playing against the pattern (the characters notice and remark on how the case isn't usual).
All that said, similar patterns are usually there to be found in any show if you pick it apart long enough. To write TV, you need to get a feel for these plot structures in your bones because no matter what the show is, there's always some sort of template like this. Now, House is a first-rate show, very consistent over many seasons; not all shows handle these challenges so well. When you CAN'T find patterns like this, you're either watching HBO, or a show that isn't likely to be around very long.
I know you guys can't talk about projects in limbo, but I was wondering if you guys could do a podcast or two on the Deadzone episodes you guys did. I know you guys talked as much as you could about the writer's room, but there is still lot in between that and my television. I just thought might be neat to hear.
Of course I would really love to hear about the limbo projects so here's wishing you guys the best.
posted by: Clinton on Mon, 2/16 10:16 PM EST
Good to hear from you guys. Those of us with children can definitely relate to all Sam is going through with the new baby.
I'm sure I'm not the only one who misses hearing from you and hopes there is good news on the Stephen King show soon so we can all hear from you again soon.
In the meantime my best to you guys and your growing families.
Thanks a lot for your help with breaking down House as an example of TV show structure.
I never made the connection between commercials and Act breaks, but I'll be looking for that from now on. If only there was a website dedicated to breaking down the structures of the various TV shows.
Like I said, I want/dream of Hollywood, but I realise nothings ever what you think it will be.
Can't wait to hear you guys again
PS: Is your sbcglobal email working again?
thanks!
I was wondering if you could lend some advice.
When discussing pitch leave behinds, given the choice between a 5-10 minute pilot presentation and a pilot script or a 20ish minute pilot and a pilot script, what do you think would be the better option?
I am right now leaning towards the presentation for reasons that are practical (easier to shoot) and perhaps more advantageous (an exec would, I assume rather watch a 5-10 minute DVD than a full on pilot). I've got a fantastic cast lined up and the production side is ready to go, so I'm just working on polishing up the scripted elements in the meantime before our tentative June shoot.
posted by: Sunday on Fri, 5/29 02:35 AM EDT
posted by: David McCarty on Fri, 6/5 02:52 PM EDT
posted by: Ben Frain on Sun, 6/7 05:46 AM EDT
You think that just because you don't produce any new material your audience will just leave you in peace. Well forget that, our patience knows no bounds. After Sam's new baby leaves for college, you will find that the show is still here. It will not be dead, it will be very much alive, having survived by knawing on the bones of the previous podcasts.
posted by: Clinton on Mon, 6/29 04:17 PM EDT
Hey, don't worry, we will wait as long as we need to.
You know, there's such a thing called a blog you can use for updates. Doesn't require any microphones or mixers.
Alas, I have been catching up on Lost episodes....
posted by: Robert Nagle on Sun, 8/9 12:21 AM EDT
http://www.variety.com/article/VR1118009301.html?categoryid=14&cs=1&nid=2563
But it's really no excuse for them to abandon the podcast. What could have been invaluable insight for others trying to beat the same path that Sam and Jim are now on, has instead become radio silence. Way to give back, guys.
posted by: Eric Anderson on Tue, 9/29 11:50 AM EDT
posted by: Steve Lettieri on Thu, 10/1 09:56 PM EDT




