 You've mastered screenplay structure, but do you know how to treat your art as the business that it really is? This article discusses strategies you can adopt to stay smart while trying to earn a living as a screenwriter.
Every book Amazon.com has on screenwriting has been purchased. You attend screenwriting seminars, and you have the teachings of Robert McKee and Syd Field memorized. Every well-scripted film from the classics to contemporary cinema has been analyzed. Armed with the latest screenwriting software and a deep grasp of plotting and character development, unfortunately, you are still not finished in understanding the complexities of a screenwriting career. It is imperative for writers to understand the craft from the business perspective. This includes protecting and understanding your creative rights and developing a strategic marketing plan to promote yourself and your work. It's vital to learn how contracts work, and have an awareness of the organizations and guilds established for screenwriters.
Writers should recognize exactly what their agent, manager and lawyer are supposed to be doing. Prepared with the right information, all writers can be assured they have a strong grasp of the artistic and business principles of screenwriting.
Protecting Your Work
The most important thing screenwriters can do is officially copyright their work. Information about the U.S. Copyright, including Form PA (for scripts), is available at: www.copyright.gov.
Copyright grants the creator these rights: to reproduce copies of the work, to distribute copies of the work, to prepare derivative works based upon the original work, the right to perform the work publicly, and to display the work publicly. U.S. Copyright is the best public record of a copyright claim. It bestows the copyright holder strong protection in cases of copyright infringement.
Scripts can be registered with the Writers Guild, too, however, this registration merely provides a record of the writer's claim to authorship of the literary material involved and the date of its completion. Only the U.S. Copyright offers the highest and most detailed level of protection.
Contracts
A contract is, "a legally enforceable agreement between two or more parties consisting of reciprocal promises." By this definition a legal contract can be oral or written; most entertainment industry contracts being the former. If an agreement includes an offer, acceptance of said offer, and consideration, meaning a bargained-for exchange, then a contract has been established and is now legally enforceable.
While oral contracts can be binding, it is an advantage to have agreements put into writing. Some contracts must be in writing to be enforceable. Assignments, which are a transfer of copyright ownership in a work, are a contract of this nature. It is always helpful to solicit legal advice at this stage in your career.
With copyright and contract paperwork piling up, it is essential to keep good records. Maintain a paper trail of these items along with drafts of your screenplay, feedback and especially correspondence. | |  | | | Birth of a Salesman—Marketing Your Script
With a completed, polished draft in hand, it is time to create a business plan to expose the script. Writers should consistently read the trades (Variety and The Hollywood Reporter) to develop a strong awareness of what is being purchased and who is doing the purchasing. This allows a writer to develop a targeted audience to market the script.
When reading the trades pay attention to trends. Are comedy scripts really hot at the moment? Are the studios buying any specs or going only with established writers? Are certain mangers or agents brokering deals on projects similar to yours? With your specific material in mind, create a list of potential people who might be interested.
The next step is networking. Writers should immerse themselves in every level of the industry and set out to meet as many people as they can. From other beginning writers to established veterans, assistants, filmmakers, any individual may be of some assistance. Take every opportunity to attend events like movie screenings, lectures or seminars, and film festivals. Attend these events with the specific purpose to promote yourself.
Entering screenplay contests should be in the business plan as well. Winning one (or placing well) can be the golden ticket to instant success. Not only does it award a writer the prestige of beating thousands of other contestants, it generates direct exposure to those who can fast-track the script to screen transition. Almost every major national screenplay contest is judged by established production companies, literary mangers and agents, each one itching to get their hands on the next blockbuster.
A comprehensive list of screenplay contests can be found online at http://moviebytes.com/directory.cfm
The Guild and Affiliated Organizations
The Writers Guild of America's (WGA) creation began in 1912 when the Authors Guild was organized as a protective association for writers. In 1954 the Writers Guild of America, West and East, was formally established.
Sections one through seven of the Writers Guild Constitution and By-Laws state the purposes of the Guild.
"To promote and protect the professional and artistic interests of all writers, to represent writers for the purpose of negotiating, enforcing and administering collective bargaining agreements, to promote fair dealing and to cultivate, establish and maintain cordial relations, unity of action and understanding among all writers and to adjust, arbitrate, settle or otherwise resolve disputes relating to the work of members, or their other interests in written material."
It continues, "to correct abuses to which members may be subjected, to participate actively in efforts to obtain adequate copyright legislation, both domestic and foreign, to promote better copyright relations between the United States and other countries, to cooperate where necessary or desirable with other groups or organizations having objectives or interests in common with the Guild which may include entering into affiliation agreements and finally, to protect the rights and property of the Guild and its members."
Find more on the Writers Guild at www.wga.org.
Other groups available to provide services to writers include artists rights groups and film and television industry organizations.
The artist's rights organizations include the Artists Rights Foundation, Authors Guild, PEN American Center, and World Intellectual Property Organization.
Some of the film and TV industry associations are the American Screenwriters Association, Academy of Motion Picture Arts & Sciences, Academy of Television Arts & Sciences, Independent Feature Project, West, Organization of Black Screenwriters (OBS), and Scriptwriters Network. Information on all of these organizations, plus more, can be found on the Internet and through the Writers Guild.
The Business of Representation
All writers must assemble a team to help navigate their career; each player has a distinct role.
The Agent: The Master Salesman
An agent should be charismatic, intelligent and extremely persuasive. In this "business of relationships," agents are the masterminds behind the creation and maintenance of said relationships, with producers, production companies, and creative executives. A superior agent has excellent contacts, is consistently available and returns calls, and is an outstanding negotiator.
Agents must be officially licensed by the state to obtain work for their clients. They also have separate standards set forth by the Writers Guild. For example, the WGA has a rule which allows a client to exit an agent if they have not worked within 90 days.
The Manager: The Engineer of Your Career
A manager's purpose is to enhance the writer's earning capability. It must clearly be stated that managers generally do not seek work for their clients, like an agent. While agents focus specifically on selling the product (the script), managers focus intently on the creator. They are not only engineers of a career, but act somewhat like a counselor.
A first-rate manager maintains a day-to-day relationship with his client and should always be providing guidance and assistance at every turn.
Entertainment Lawyers: The Protectors
Entertainment lawyers can be one of the most powerful players on the writer's team. They provide legal representation, draft contracts, and often help writers connect with other professionals in the industry—queries are sometimes submitted via attorney.
A recent Hollywood Reporter article, "L.A. Law," discussed the clout entertainment attorneys have in Hollywood.
"Successful, smart and a vital part of the industry's support system, entertainment lawyers manage to be in the thick of things. Transactional firms represent talent across a wide spectrum of matters focusing largely on employment contracts with the studios and networks. These personal service operations oversee all aspects of a client's needs, from tax advice to real estate purchases and audits."
Entertainment lawyers are a wealth of knowledge. Most have layers of contacts, including other clients, and can be a powerful force in a writer's career. | |  | | | Knowledge is power and there are many excellent publications on the business of screenwriting. The Writer Got Screwed (but didn't have to) by Brooke A. Wharton, This Business of Screenwriting by Ron Suppa, Esq., and Breakfast with Sharks by Michael Lent are the best books on the subject.
Screenwriters should never rely exclusively on an agent, manager or lawyer to "handle the business end." Every writer should have a firm grasp on the legal and business practices of the industry they have set out to conquer.
ABOUT THIS AUTHOR
Karen Ann Lefkowitz received her master's degree in communication management from the University of Southern California in May of 2004. She currently works at UCLA's School of Theater, Film and Television. As a freelance writer she has written art and entertainment pieces for print and online publications.
 |
Subscribe to this comment's feed