Tuesday Talkback: How can Australian producers get scripts?

This is another email I got where I don't feel like my answer is terribly useful, so I'm opening the floor up to you guys.

Michael writes:

Been following you on twitter for a while now, love getting your updates. I'm a young-ish producer based in Australia, and I've been working with my creative team for roughly the last five years. In the last three we've launched and grown our production company working mostly in advertising and corporates, all whilst doing the odd short to hone our narrative skills with the look out to some day doing a feature. 

Finally we've gotten to that point where we are saying 'lets pick a project' and we'd love to option a script preferably written by a writer outside Australia - with the location of the story no real concern to us, and genre being something we don't feel we are defined by - with good writing, and developed characters being I guess just two of the many other factors we'd be looking for. 

Anyway the reason for this email is to ask your advice on the best process to getting our eyes on scripts. Should we be making ourselves known to literary agents based in LA, contacting writers directly, trying to get our own agents -- or some other course?! Would love it if you can share some insight on this!

Honestly, I think that your best bet is to reach out to literary agents, but if you don't have any produced works to your name it might be a bit of an effort to get their cooperation.  You'd probably have a better bet with some of the smaller agencies and management firms.

Having said that, I'm not sure I understand why you're looking for a writer outside Australia.  It seems to me that it might be a lot easier to find someone close to home, make a name for yourself producing a low-to-medium budget film, and use that cache to open some doors in LA.

But what do you guys think.

The most amazing saga of slimy producers I have heard

Remember back when I talked about parasite PINOs - Producers In Name Only - and how their attachment to your script can often cause more headaches than benefits?  Well, I recently came across an amazing series of blog posts from writer Doug Richardson. 

As Doug introduces the story:

I’ve written about theft before. Both stories and ideas nicked by scumbag producers without consequence. What follows is an epic tale. All true. With multiple endings that, to this day, still leave me and others gob-smacked.

Set aside some time and read this.  It's an amusing, at times barely believable story.  But it's also a cautionary tale. Some of you may have already read it.  For those that haven't, I do not DARE even think of ruining all the twists and turns in this epic.

The Smoking Gun - part 1
The Smoking Gun - part 2
The Smoking Gun - part 3
The Smoking Gun - part 4

What is a "Producer In Name Only" and how do they get paid for getting nothing?

On Monday I dropped a term that some of you may have been unfamiliar with: Producer In Name Only.

As it turns out, one of my readers WAS familiar with that term and offered up an assessment even blunter than my usual candor:

I am quite familiar with the reputation of the PINO from first hand experiences, but never realized there was a name for it! 

Better know as the parasites who burrow their way into the credits of a project and then use those credits to go get more work (under false pretenses) and they continue to fail upward while sabotaging one project at a time. 

The PINO becomes a self fueling cycle of inept undeserved saboteurs running around with over inflated credits.

A lot of PINOs are managers who attach themselves to scripts as producers or executive producers. Do you know what that means? Not a heck of a lot. In most of those cases, the person in question pockets a check and gets included on a lot of email chains, but they have no creative role on the project at all. Often, they might not even have a voice on the business side of things either.

You're not dealing with Brian Grazer or J.J. Abrams here. I'll give you an example of such a PINO. Buffy fans, have you ever watched the credits on the TV show and seen the "Executive Producer" credits for Fran Rubel Kuzui and Kaz Kuzui? Do you know what they contributed to the TV show? Nothing.

 "At least two of the executive producers have never seen the set of Angel. A business deal signed at the outset of the Buffy film gave them a financial stake in all things Buffy. They've received credit and sizable checks for the duration of Buffy and Angel for doing absolutely nothing. (Names furnished upon request)" - Dan Kearns, crew member on Angel, wrote in the essay, "Angel by the Numbers" from Five Seasons of Angel (2004), p25.

A good guide to identifying PINOs is to listen to a writer's commentary and see if there's any "Producer" or "Executive Producer" credit that they snicker at.  These crop up often on the Seinfeld DVDs, when Jerry Seinfeld's manager's "Executive Producer" credit pops up.  The name "Bernie Brillstein" often provokes this response.

This is a good example of how the title "Producer" is probably the most abused in Hollywood.  Not all producers are created equal.

That's why you want to take extra care when attaching a "producer" to your script.  Remember the tale of Anthony E. Zuiker, who sold his script to a producer who soon became a hinderance to getting a major studio to sell it. 

Sometimes the PINO might just be out for credit and some money.  If that's all they're after, you might be lucky.  And in fairness, not all PINOs are bad.  I had one script where I told a friend of mine to attach themselves as "Executive Producer" if they made use of their favors to get the script in front of someone who might be interested in it.  In that case, I believed in the script but I knew that this person could get it in front of people who were inaccessible to me. 

With that arrangement, we both would have benefitted from the script getting made.  As friends, we were only too happy to help each other.  The worst-case scenario for something like this is where you get stuck with a parasite.  This is where your writing is doing all the heavy lifting of getting people interested and the PINO is little more than a parasite looking to gloom onto your success.


Beware this arrangement, particularly if after you do the hard work of getting "real" producers attached, they have delusions of being actively involved as a producer.  A bad PINO can screw you over by being a pain-in-the-ass that the real creatives get sick of accommodating.  Zuiker's story the other day might be a less common one, but stuff like that definitely happens.

You can't always predict how someone attached to your script might try to exploit you.  So take care when allowing someone to tie themselves to your success. 

Anthony E. Zuiker's "The Runner" - a business lesson in bad deals and attachments

I'm not able to delve into the business end of screenwriting as much as I'd like, largely because I either lack the personal experience OR could only offer examples that are so specific as to instantly earn the wrath of a former employer or two.  Sure, I could offer examples in the abstract, but I find that stories like this are more effective when specific examples are used.

I've been reading C.S.I creator/producer Anthony E. Zuiker's memoir Mr. C.S.I., and in it he discusses the complications he ran into while selling his first screenplay The Runner.  He wrote it back in the late 90s and having few other connections, managed to get hooked up with Mike Marvin.  Marvin's greatest claim to fame was as producer of a low budget teen comedy called Hot Dog... The Movie.  Marvin liked the script so much, he said wanted to direct it and he offered the struggling writer $35,000 for the screenplay.

In his book, Zuiker looks back on that offer with wiser persepective.

"That was huge money... But what sounded like a fortune would turn out to be a terrible business decision.  What did I know?  What did any of us know?  We were as inexperienced as we had been told.  Yet when I said we had a deal, not only did Ron [Moler, Marvin's financial partner] shake my hand, he had me sit at his computer and write out a simple straightforward deal memo.


"'Just say we have a deal,' he said.  'Write that you are selling me The Runner for thirty-five thousand dollars.'"

How did this come back to bite Zuiker?  I'm glad you asked.  Time passed, and The Runner was a strong enough sample to get representation at CAA.  That's when things got complicated.

Sony Pictures is so over the moon for the script that they offer Zuiker a two-picture deal - six figures for The Runner and six figures for a subsequent script to be written later.  That's basically the dream, right?

Take it from here, Tony...


"But then Ron refused to relinquish his right to direct.  He reminded everyone he had a signed contract.  He owned the project.  I saw my million-dollar fantasy disappear."


A couple lessons here:

First, don't sign anything without consulting a professional who's looking out for your interests.

Second, beware of attachments that hinder your film rather than help it.  With a director committed to the picture, the big studios had no interest in funding the film because they had no enthusiasm for working with Ron Moler.  Look at his credits - he had no directing experience before The Runner and his producing credits aren't terribly distinguished either.  An attachment like that is less a selling point and more of an anchor, dragging down your film.

Less notable talent can be a stumbling block for a sale.  If you're trying to sell a Bruckheimer-level project and somehow you got a Troma-level producer attached, that guy becomes a pain-in-the-ass whom the buyer might have to accommodate.   Even if a director on Hannah Montana might be your neighbor and your only industry contact, it might not be wise to let him attach himself as director to your erotic thriller - even if he says he can get it to the big boys at CAA.

What might have worked - and possibly may have been tried in this case - would have been to buy out Ron Moler's stake in the film.  Basically, they could have paid him NOT to direct.  That scenario would require two things:

(1) Ron's willingness to part with the film - if he was really determined to make his directorial debut with this script, it would probably cost quite a bit to meet his price.

(2)The Studio would have to be enamored enough with the script that it would be worth it for them to pay extra.

But since that series of events didn't come to pass, Zuiker's dreams of Hollywood glory ended up being deferred temporarily.  He got lucky - a second shot eventually came around.  A lot of naive writers might not have gotten that second chance.  Don't let your desire to have your script produced let you make bad snap decisions about who to get into bed with on a project.

Ideally, the Studio could have bought Ron off with an extra sum, perhaps with a producer credit.  Notice I said "credit."  When this sort of deal goes through, guys like Ron often become what we call a "PINO."  That's "Producer In Name Only."

What's a PINO?  Why don't we explore that on Wednesday.

If they were lucky

Interview with COLLEGE and DEMOTED Screenwriter Dan Callahan: PART II – Getting an Agent and Selling the Script

Part I – The Writing Process

Our chat with screenwriter Dan Callahan continues as he answers the question most aspiring writers want to know: “How do you get an agent?”

Dan Callahan: There’s all these levels to writing movies. First is coming up with a good idea, or a simple idea like College, that’s so simple that people are like, “Why didn’t I think of that?” That’s hard enough as it is. It’s hard to come up with something that’s original, or something that’s not so original but that you can put your own twist on it. Then you’ve gotta [write it up], and then you have to finish the draft, which a lot of people don’t do. Then you have to show it to people, and get notes, and make all those changes. Then finally it’s like “Okay, I did ALL that stuff and I have a script” and then it’s, “Shit. I don’t have anyone to send my script around. I don’t have an agent. I’m just sitting on material that I’ve worked months for and how do I get it out to the community?”

Getting an agent is impossible because there’s that Catch-22 everyone complains about where production companies won’t look at your stuff unless it comes through an agent. If I can’t get an agent, how can I get it in front of [them?] It’s very rare you can just query an agent – specifically at the big agencies – and they’re gonna take a look at this thing. It’s happened, I heard a story… I think Hitch was a query letter, so I’m told. So it does happen, but I think it’s very difficult.

Query letters for the most part don’t work. A lot of times there’s legal reasons for that…. At the same time [agents] are working with professional writers, trying to get them work, so do they really have time to read some dude from wherever who says he wrote the next great script?

The long story short is that Adam had a friend at an agency. It’s one of the easiest ways in – checking all your contacts and all you need is one. Whether it’s a friend of a friend of a friend who works at a production company or is already a screenwriter, or a director, producer… It’s finding someone you know, or have a connection to who’s in the business.

The fact that Adam and I moved out here, and lived out here for some years… we had contacts. One of the reasons he knew the girl at this agency [was that he lived out here in LA.] If he’d been in Chicago, he wouldn’t have known this person. So it’s important that if you want to be a professional screenwriter, you gotta live in LA. Spend numerous years out here and over the course of those years, you’re gonna meet people in the business. You’re gonna have other friends trying to do the same thing you do and eventually one of those people are gonna be in a position where they can help you out or they can at least pass the script along to somebody.

And that’s exactly what happened. We gave it to a friend at ICM. She had read pages earlier and liked it and then when we finished the script we went back and gave it to her. And it was sort of bad timing because she liked it… and then told us she was quitting [the agency business.] We were like, “Ugh… just when we think we’ve got an agent at a big agency, she says, I’m leaving to be a writer.” She’s gone on to a very successful career of writing books.

What was nice of her was before she left, she passed the script off to a colleague of hers at ICM. He was from Chicago. Adam and I are both from Chicago, so she thought we’d all hit it off. We thought that a guy would be good for something like College… She gave it to him, a guy named Nate Ross. He read it on vacation and came back and was like, “I’ll take it out next week.” It literally was that quick. He read it. He knew what it was. He liked it. I don’t even remember if he had any notes. If he did, they were minor. Stuff we could fix in a week. He basically said, “Fix this. Get it ready. We’ll take it out next week.”

Bitter Script Reader: Wow.

DC: But the reason we had our agent was because we felt we wrote a strong piece of material that was professional in every way, that was funny, and all that stemmed from all that stuff I was talking about. That all lead to this moment and we got our one shot with this guy and he felt we delivered and because of that, he took us on. Now, if he’d hated College… it would have been “Okay we need to figure out another way into the agencies.” Maybe we wouldn’t have ended up at a big agency. Maybe we would have ended up at a smaller agency. It might never have sold. But the fact of the matter is, when we had that opportunity, the script delivered and that was the start.

BSR: Did it sell fairly quickly once you went out with it?

DC: No. It didn’t. You’ll hear these stories about how something was a hot spec and every studio is bidding on it, but that wasn’t our situation at all. It went out to everybody and the way it usually works is your agent takes your script and he sends it out to various producers he has relationships with and the ones that like it come back and say, “We like College and we have a relationship at studio A… We’d like to bring the script into Paramount… or Sony, and that’s how it works. Generally scripts don’t go to studios. They usually go to producers first, who usually have deals or relationships and they bring it into the studio and say “Hey, this is a piece of material we’d like to do. Will you buy it for us?”

So we had multiple producers taking it out all over town. College took quite a while [to sell]. At the time there were a couple teen comedies floating around that we were competing with. A lot of studios had teen comedies that had been sitting around for a while that they were having trouble getting made, so why add another one?

BSR: Yeah, “We already have ours.”

DC: When American Pie hit there was a flood of teen scripts and it never stopped. So the studios were sitting on piles of teen comedies. They weren’t making them, but they had plenty of them so they didn’t need another one. And there were people that just didn’t like the script, for whatever reason. It’s a mixture of timing, finding the right producers and finding a studio that’s looking for a funny teen comedy.

BSR: A lot of stars have to align.

DC: And it didn’t for a while. What eventually happened was there was a producer named Rene Rigal who worked at a company called State Street, that did the Barbershop movies. He read College, thought it was funny… He actually called me and Adam and was one of the most passionate producers about it that we had talked to. The script had been dying down and we weren’t sure it was going to sell so, yeah, if there’s anyone that’s this excited about our work – that’s the kind of guy you want out there.

So Rene and State Street had a deal with Fox. They took it to Fox Atomic, who at the time was trying to do a Revenge of the Nerds remake, so they passed because it was the same thing. Then [State Street] took it to a company called Element that was independently financed. They did Waiting… they were working on Mr. Brooks at the time. And they liked it. They had money. Rene and State Street were the ones who got the ball rolling with Element and they essentially bought it.

And it’s not like they just buy it. They optioned it first, which is the normal process that happens. Now it’s “Can you get the script to where they want it?”

BSR: And it’s on you to bring it up to snuff.

DC: The general process is: agent takes script to producers. Producers take script to studios. They option the project. The reason they don’t buy it up front is, what if they don’t make the movie? The purchase price of a script can be very expensive. So generally studios don’t want to put out hundreds of thousands of dollars, or whatever it is – six figures generally – on something they may not make. What they generally do is put out a couple thousand dollars to option it, control the rights of the script for a certain period of time.

BSR: And you get paid when it goes into production.

DC: And you get paid when it goes into production. It’s not like people think when they read in the trades that something was just flat-out bought…

BSR: Yeah, Paramount just bought it and you walk in and they hand you your Ed McMahon-sized check…

DC: Yeah, [the perception is] they hand you a big check. [In reality] that’s not the case and it’s not smart business on the studio’s part. Why put up [a lot of] money when I could put up this much money, take the option and put the script in development? Now let’s see if we can get actors and a director. Now let’s get a start date. And they literally wait until that start date before you see any purchase price, because anything can happen before that.

There’s a lot of work involved when you get to that place and it’s one of the reasons you see writers making sacrifices, doing things in their script that they might not totally agree with because at the end of the day they want to get it made. At the end of the day, it’s a much larger payday.

BSR: The difference between five figures and six figures is kind of a motivating factor.

DC: Right, you want credit and you want to get paid. Now, there can be six figure options, so it can happen that you do hit the lottery on the option.

BSR: But not with two first-time screenwriters I imagine.

DC: In our case, that wasn’t it. There weren’t studios clamoring for the project. There were people circling but it wasn’t a case where people were so hot on the spec that people were just throwing money at us. We got a very small option and now it was a matter of us getting the project in a position where we could get a director. Because this movie wasn’t about cast.

Tomorrow: Dealing with notes and rewriting, and we’ll discuss casting and the comparisons to SUPERBAD.

Part III – Notes, Rewriting, Casting and SUPERBAD
Part IV – More Rewrites
Part V – Release and Reaction