All Work And No Pay...

From 2012... the Mayan End Of The World year...

A while back the WGA sent out a survey on whether producers had asked for that extra (unpaid) rewrite or “sweepstakes development” or a producer asking for the writer to spec a script for the producer (often for a sequel or remake or adaptation - what would normally be a paid assignment) - which seems to indicate that these practices are on the rise.

Though I have always been against working for free on someone else’s script (why not work for free on *my* script?) I have written that free extra rewrite on occasion to fix some development mistake or keep them from going to some other writer who will just screw up my script. And my policy has always been that I’d rather write another 15 page treatment than have to do a major rewrite that throws 110 pages away to start from scratch. And part of this business is endless meetings where I pitch my take or pitch some stories - and am sometimes asked to have a one page leave behind in the event they like my pitch and want to “send it upstairs” to some network or studio or the guy I probably should have been meeting with in the first place.

But you know what? That business-as-usual free stuff can easily be abused.

Here’s the thing - I get miffed when some script *I was paid to write* doesn’t get made. That gets depressing after a while. You feel like you are doing a lot of work for nothing - and when you write a scene or character or bit or dialogue that you really love and are proud of... no one will ever see it. If a tree falls in the forest...?

SCHRODINGER’S SCREENPLAY

Last year looked like it was off to a great start: I had a bunch of potential deals circling, including some where deal points were being negotiated. I have a script that keeps almost selling and getting me meetings every once in a while at studios – and someone wanted to buy it! That someone was the co-producer of an Oscar winning film! Plus, I had one of the stars of a big theatrical action flick who was interested in a screenplay (well, the producer on the project was interested – the star seemed uninterested in anything). And the producer of a new film from the director of a big Bruce Willis film you have seen was also interested in a screenplay. Things were *happening*! Then, one by one, all of these deals fell apart. And so did *everything* that was going to happen last year.

My Big Theatrical Remake Project seemed to be officially declared dead (or at least dead to me) last year. That was a project where I did several extensive treatments (free) before we went to screenplay, and I really thought we had a great script. There were studios who were interested in the project... but somehow decisions were made not to go with any of them. There was a better deal over the horizon somewhere. One of the things that is “business as usual” in this town is the page one rewrite on an “old” screenplay that everyone loved just to make it “new” and “fresh” so that it can be resubmitted to the same people who loved the old version. This seems completely backwards to me, since you risk making changes that will turn off the people who loved the first version. But this is a common way of reviving a stalled screenplay - and films like SHAKESPEARE IN LOVE which began as a big budget Julia Roberts movie at Universal get a rewrite by another writer when it stalled out in order to become a modest budget Miramax film with Gwyneth Paltrow. When a project dies - no matter what the reason - they rewrite the script. On my project, the rewrite notes sounded like they were taking the script in the wrong direction and I bailed rather than have a really bad version of the script exist with my name on it. Yeah, the producer will just hire someone else - and have to pay them... but maybe that makes them think twice about those notes?

On TREACHEROUS I did a strange version of this a few times - a free rewrite every time we approached a new star. In the Mickey Rourke draft he was a boxer. In the Rutger Hauer draft he was a soccer player. Each time I personalized the script for the star the producer was going after... and all of the old versions were garbage. I suspect at this time, if my script on the Big Theatrical Remake Project isn’t completely dead by this point in time, *my* script is garbage and they actually have hired some other writer to “take it in a new direction”... which will be farther away from what made the original film great and farther away from the version a handful of places seemed eager to make... but much closer to never being made. So, does that screenplay exist in the box or not?

Another recent Genre Assignment that was supposed to shoot crashed and burned – which I had seen coming from a mile away. It was a weird situation from the start. I don’t really think the producer wanted to make it, it seemed like the *investors* wanted to make it. This is a problem in the indie world – a producer wants to make something that has little chance of making a profit so no one will give him or her money for that project... but some genre film that will make money is easy to get funding for. So the producer starts to make the genre film (hires a writer) but their heart isn't in it, and they don't push it hard enough. They lose interest... because they really want to make whatever their passion project is... one time it was a serious drama about astronomy. I think I may have been partially at fault in these cases – I always try to make the genre story into something better than the title and logline given to me and this often makes the producer think the genre script maybe could be changed into the more artistic project they wanted to make... and it just can't be that. For that astronomy producer I actually included astronomy as part of the genre story - which may have actually caused more problems than it solved. Instead of simply making the great version of some silly genre film, they want to make something the project can never be... and ended up making nothing. Another script that may or may not exist in the box. Dead or alive?

So last year had some assignments I got paid for that just stalled out, and some spec sales that just stalled out, and that’s frustrating. I’m in the business to *tell stories* and that means the scripts have to go all the way to screen. I know the odds of that happening even once money has changed hands are about 1 in 10... but I still *try* to target companies that actually make movies rather than develop projects that are either alive or dead - we have to open the box and look inside to be sure.

FIELD OF DREAMERS

Add to that a number of projects that were “If you write this, they will come!” and then nothing came. These are kind of the sneaky Write On Spec deals because it’s *my* script. I’m just writing my own script on spec... because someone says they will buy it. If they *don’t* buy it, I have just written a screenplay I was going to write anyway. Sounds good to me... and I’ve done this several times. Weird problem - I don’t think a single one of those deals came through. I still own every single script I’ve written on spec because someone is interested.

The ultimate version of this was a meeting I had ages ago on a sequel in a popular horror series. The first couple of films had been theatrical, but now they were being funded by the home video department of the studio. I pitched my sequel idea and the producer loved it, but... It would be much easier for *him* to pitch to the studio if there was a treatment - something fleshed out. Hey, I’ll write treatments for free - so I wrote up the treatment for him. He read it, gave me some notes, I rewrote the treatment... We worked on this for months - back and forth, fine tuning that treatment until it was amazing. And then he submitted it to the studio. The studio decided *not* to make another film in the series, and I was stuck with the treatment. Later I wondered if the producer *knew* they didn’t want to make another film in the series and my treatment might have been his way to get them to change their mind. Nice if I had known that ahead of time.

Years later, I had a producer looking for horror projects, and I pitched that same idea as a stand alone non-sequel (a couple of changes and a slightly different killer) and he loved it and wanted to read the treatment. So I did a rewrite on the treatment to remove the series elements (and improved the heck out of it) and let him read the new treatment - and he loved that, too. But... See, he couldn’t afford to develop the script, but he needed a completed script to get the funding (might have even been the same studio home video division as before) so - could I write the screenplay for my idea for free? Sure. Oh, and because of a financing window closing soon - could I have it finished in 3 weeks? Sure. So I worked my butt off and delivered a shootable first draft in 3 weeks that would knock the socks off the funding source...

And what I did not realize is that there was a bit of “sweepstakes” writing going on here, and he had several writers specing their ideas for him... and he submitted a half dozen scripts and let them pick and they picked someone else’s. Though I still own that screenplay and it almost gets made every once in a while - the producers who told me if I wrote it they would buy it? Did not buy it.

There’s a treatment somewhere on my website called THE GHOST which began with a producer who claimed he owned the rights to a comic book series, and he wanted me to write a treatment (free) to securing financing so that they could pay me to write the screenplay. This was a slam dunk deal, I was told. I wrote the treatment, did some free revisions... and somewhere in there the producer dropped the bomb that he did not actually own the comic book rights, and my treatment was to get his financiers to pony up the money for the comic book rights. Great! I do work so that someone else can get paid! Except (as usual) it didn’t work out - some other company had already bought the rights to the comic book. The lesson I learned here was - make sure the producer ACTUALLY owns the rights before you do any work. So that lesson was applied to both the NYT Best Seller I adapted (they owned the rights) and ANGELS & DEMONS (they owned the rights). But the comic book thing? I ended up making some major changes to my treatment so that it could be a stand-alone story that maybe I could sell to someone else. So far, no luck.

WIMPY’S BURGERS

Last year I had a similar situation - a treatment that everyone loved... but in this economy producers are not developing things like they used to. If there was a script, there was a sale. Now, you might think by now I would have learned this lesson - but since this was *my story* and the treatment was always popular, when they told me they would buy a completed script (but not pay me to write it) I wrote the script. If nothing else, situations like this get me off my lazy butt and cranking out pages. I think when I look at my emotional conflict that the “We’ll Gladly Pay You Tuesday For A Screenplay Today” physical conflict brings to the surface, it’s that I am a lazy person who is motivated by *hope* that some damned script will sell and get made into a film. Without the *hope* I get burned out and do less work...

And that is the big problem, here - the giant asteroid headed towards Earth.

If I begin to believe I’m writing for the trash can with no *hope* of having the script made, I lose my motivation for writing, and begin that downward spiral. I think we all feel this way. We hit that point where we wonder if writing screenplays is pointless. If we seem to always get the stick and never get the carrot, we lose our enthusiasm for writing. And it seems to be one damned stick after another. The tough part of this job is to self motivate - to keep plugging away even after you feel that it may end up a waste of time. Part of that is actually *enjoying* the writing process - and that’s usually what keeps me going. Though it may end up that not a single living person ever reads this screenplay, that line on page 27 is something I’m proud of, and the characters and story were fun to write. Though sometimes writing can be torture, I guess I’m a masochist.

But last year I wrote another screenplay because someone said they’d buy it... and nothing happened. Though they didn't buy it, I still own the script and have since had another producer interested in it as a much bigger film... but then not go forward because they were really looking for something in another genre but really liked my script. I'm sure that script will sell eventually, but it didn't sell last year... and it didn’t sell to the people who got me to write it. Is it alive in the box or dead... and why the hell did I spend my time (time is money) on that script instead of some other script? The problem with these Wimpy Deals is that they trade on hope - they *abuse* my hope.

Someday has to be Tuesday, right?

STRAWS AND CAMELS

But here’s the thing about all of these free spec things - even if it’s my treatment and I planned on writing it eventually, I did it *now* as a favor to the producer. Every free rewrite is a favor to the producer. Those free treatments that radically change the story every time - a favor to the producer. And just like any favor (helping you move, taking you to the airport) eventually there needs to be reciprocation. Now, here’s the thing - I owe lots of people favors and will eventually pay them off. I do lots of favors for people, and if they pay it forward or thank me, we’re even. I don’t tally favors I’ve done for people (but am aware of favors others have done for me - weird, huh?). But there comes this point where I realize I am doing all of the favors and getting nada. Not even a “Thank you”. The favors become *expected*. And that’s when I start to feel like maybe I’m owed something.

There is a company I've pitched to every year for probably a decade – but has yet to buy anything. What pisses me off the most about this company is that every year some script of mine gets me a meeting where they want me to pitch ideas for their current specific needs... and then they pick about 3 or 4 of those ideas and ask if I would type up a page or three on each because it will make it easier for them to pitch to the studio... so I do this, and then nothing happens. Sure, I’ll do free treatments and free synopsis... but these are *favors*.

This has been going on for *a decade* with these guys. I have typed *hundreds of pages* of treatments and synopsis. There were times when they were looking for projects in 3 different genres, so I would come in with a bunch of ideas in each genre, they would like 3 or 4 in each and I would type up a short treatment on each, and then nada. Zip.

All work and no pay, makes Bill an angry boy.

Last year I pitched one they really liked – which had franchise possibilities – and they wanted me to type up a treatment for free so that they could go to the studio... and I did that... and then nothing happened. That ended up being the last straw with those guys, because I had typed hundreds of pages for projects that never happened and I could have just as easily written a few screenplays. Oh, and these are always hurry up we need them tomorrow morning at 9am things.

I am never going to pitch to them or write them anything again.

Screw them.

The next time someone passes them one of my scripts and it gets great coverage and they go, “Hey, that’s Bill! We love Bill! Let’s get him in here!” and they call me, I’m going to tell them to go eff themselves. They will probably be confused by that response, but they have had ten years to find some project to actually pay me for - and haven’t done that yet. And they have had open assignments that they filled with other writers. Writers with agents or managers who closed the deal - or who had other clients they wanted to work with. The worst part of this is that some of these films have sucked big time.

But I wonder if the writers on those open assignments wrote the scripts on spec? That may be why they didn’t “throw me that bone” - they know I won’t spec a whole screenplay for them. Which means that “bone” does not exist. For all I know they end up with the bad scripts because they *still* don’t spend any development money even once they have gone to script. Maybe I am *lucky* they never hired me when they needed a screenplay written? But if that’s the case - it’s worse than I thought... everyone was doing work for free. Those deals may have been like the scripts of my own I speced for people that I’m still stuck with. Dead in the box or alive? DEAD.

THE BUCK STOPS WHERE?

The problem is money... and it seems like over the past few years things have gotten worse. There isn’t the development funding there used to be - so producers either need to find that *perfect* script that they can just shoot tomorrow, or find writers who will work for free. When the producer is looking for something specific, they would rather have it written on spec to their specs than spend the time searching for one that already exists. The producer can’t afford to pay for the treatments or rewrites or whatever - and so that *cost* is passed on to the writer. And it *is* a cost. Time is money. The time I spend writing a bunch of free treatments could easily be used to write some script that *I* want to write, and that I think will have a better chance of selling. The time I spend doing that free rewrite that screws up the script because the producer “isn’t quite sure what’s wrong with the story so let’s make them cowboys and see if that works?” is wasting **my** time on a draft that doesn’t have a chance in hell... But no matter how much I discuss the reasons for the odd changes with the producer - he can not articulate why he’s *sure* the cowboy draft will be the one that gets the financing or that he can take into the studio. But it’s just a waste of my time, and I know it.

Part of the job is pitching your take on projects - and that burns up a ton of time for the writer. You have to read the material (book, comic book, watch the original film, etc) and then formulate the new version of the story - and that really means write a beat-by-beat treatment or outline and figure out the characters and find a bunch of great scene ideas - just so you can go in and pitch... and you are one of a couple dozen writers who do this. All so that the producer can hear a bunch of different takes and decide on one. Hey, wasn’t there a time when a writing assignment was just *assigned* to some writer after reading their material? The producer finds the writer they believe fits the material and hires them. Now, instead of the *producer* making that decision it gets passed down to the writers - a bunch of us basically write different versions of the same movie and then the producer picks the one they like. So they hear 24 pitches and pick one and the other 23 writers go home empty handed after reading a 478 page book and figuring out how to turn it into a 110 page script.

It's "auditioning" for a job - an actor doesn't get paid to audition, do they?

That would make sense if I could do an audition or two every day to try to land a job... but these things take *weeks* to put together. And after a good actor that everyone loves who keeps getting call backs auditions over and over again, the casting director tends to go out of their way to find them a role on something. They get thrown a bone.

Look - if the producer is the one who can’t pay me, the producer needs to GET THEIR SHIT TOGETHER and figure out *exactly* what needs to be done in the free rewrite to trigger the money flowing to *me*. No experiments. No whims. No giving me notes without *thinking* first. No asking me to write some treatment that has ZERO chance, or is the producer trying to get a door open using *my* work. The producer needs to be responsible. If you ask a writer to do a treatment or synopsis or - heaven forbid - a screenplay for FREE, you’d better be damned sure that it has a 80% chance of turning into money so that you can pay the writer. Asking writers to do a bunch of work you’re going to just throw against a wall to see what sticks is having the writer finance your incompetence.

For me the biggest issue is - no Thank You. No acknowledgment that I have done this production company that loves my work a bunch of major favors for the past decade. I have done a pile of unpaid labor for them, but they have done nothing for me. And I am not the only one. I’m sure there are other writers who have written a stack of free treatments and pitched takes on projects where they had to read some 478 page novel for them and never even got a thank you for it. The reason anyone does free work is to eventually get paid, and if that eventually never happens - well, you feel used and screwed over. I know I do.

Now, this is coming from a guy who is constantly saying that’s just the way the business works. No one in Hollywood has time to be polite. I’m not some new guy who gets miffed when some script that has traveled all the way up stream to the top gets a pass and no one tells me. No one owes me a rejection note or phone call. I’ve been doing this for 22 years, now - I know how the business works. But the unacknowledged favors seems to be getting worse.

That is the real problem. The WGA survey shows that this is not an isolated thing. *Many* producers seem to be asking for favors without reciprocating. As writers, we think “Hey, this might be the way in!” and it’s only writing a few pages, right? But that survey means writers have been complaining. They have reached the point where they are getting angry about the free work without even being thrown a bone. No eventual pay for all of the work - and that leads to complaints to the union... or at least whispers loud enough that the union is sure to overhear. Other writers may have already given that “Go eff yourself” response - or be one free treatment or one pitch or take away from it.

The solution is actually simple - when a producer asks a favor of a writer, and the writer delivers... the producer needs to realize that they now *owe* that writer a favor.

Or at least a Thank You.

When the producer is deep in “favor debt” to a writer? Time to pay them with real money. Hey, I know that your budgets have been cut and things are worse now than they were a few years ago... but they are worse for *all of us*. There seems to have been more abuse in the past few years than ever before... and it's time for that to stop.

Know when it’s time to throw the writer a bone... and if you owe too many writers too many bones? That’s a serious problem - what are you going to do about it?

What the hell did Harlan Ellison say?

- Bill (probably burning a bridge or two)

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