Today's reader question comes from Gina, who writes:

"I noticed that screenplays are always rewritten by many different writers but that would never happen to a playwright or novelist.  Why the double standard?  But, then again, that is how screenwriter's will make their money on rewriting someone else's screenplay."
 
Well, Gina, screenplays often get rewritten by other people because-- unlike in the world of theater or publication-- when a screenwriter sells a script to a studio, he no longer retains ownership of it; the studio does.

In other words, if you sell a novel to Random House tomorrow, you're really selling them just the publication rights (and probably only for a limited time).  But you still own your novel, its characters, the movie rights, the merchandising rights, etc. (probably).

Same thing if you get a play produced at a regional theater, or even on Broadway.  The play still belongs to you... so you could go sell the film rights or publication rights elsewhere... the producer is simply entitled to the stage rights.

Not so with movies or television.

In movies or television, the studio actually OWNS the script and almost everything that comes with it: merchandising rights, stage rights, etc.  This also means they can change it, re-title it, throw out half the characters, completely change the subplots, whatever.  They can also then hire ANYONE they want to come in and rewrite it... including you.  Which means if you sell your screenplay to Warner Brothers today, you are now-- even though you're the original author-- just a "work for hire," like every other scrambling screenwriter out there.  (However, the Writers Guild DOES mandate that when you sell a screenplay, you-- the original screenwriter-- must get first crack at the rewrite.  But after that first rewrite, the movie studio can fire you, team you with someone else, keep you aboard... whatever they want.  It's their script.)

Now, just to complicate things, writers DO sometimes negotiate something called "separated rights," which means they occasionally get to hold on to things like stage rights, publication rights, etc.  But how many separated rights you get depends on the stature and clout of you, the writer, as well as the quality of the agent or manager doing your deal.

Separated rights can get complicated, but here are links to a couple pages with good explanations...

•  The Artful Writer (a terrific screenwriting blog written by screenwriters Craig Mazin and Ted Elliot, whose combined credits include Shrek, Scary Movie, and Pirates of the Caribbean) - these guys do a good job of explaining separated rights simply and succinctly

•  The Writers Guild of America - Also good, but a much more in-depth, technical explanation

And for LOTS more information, check out The Writer Got Screwed (but didn't have to), by lawyer Brooke A. Wharton.  The book is about 12 years old, but it still offers tons of great information on the legalities of screenwriting and Hollywood contracts.

I hope that helps, Gina!  Thank you so much for the question, and please keep reading!  We've got some great stuff coming up... many more reader questions, contests, book reviews, you name it!

Talk to you soon...

Chad

Hey, folks--

Sorry I've been awol for a few days... I was actually out of town with very little Internet access, and I just got back late last night-- so I haven't been able to post for a while!

Second of all, thanks for the posts and emails re: last week's ageism question from Jon in Iowa. 

First-- kudos to Lisa, who is moving to L.A. to be a TV writer after discovering "that the main thing holding me back is me and not my age."  Congratulations, Lisa-- I'm so excited for you, and please keep in touch and let me know how it goes!  I'll probably need you to hire me someday!

And then Jon wrote in with a follow-up question...

"Do you think your comments apply equally to feature film screenwriting, as
opposed to TV writing? As you pointed out, a TV writer will be looked at with the thought, 'Can this writer function on our writing staff on a day to day, season to season basis?', versus a one time feature film writer, where the script should speak for itself, it's either good or it isn't, whether written by a 24 or 64 year old. There is no continuing relationship with the film writer, like there would be in TV. Do older writers face slightly fewer obstacles writing a feature film as opposed to trying to write for TV?"

Well, Jon-- I think it often can be "easier" for a first-timer to sell a project in film than it is in TV (and "easier" does not mean "easy") because of exactly what you say: selling a project in film doesn't require a long-lasting relationship with the writer.

Having said that, 2 (and a half) things:

1)  There are many "older" screenwriters working in Hollywood today.  Playwright David Hare, who wrote "The Reader," is about to turn 62.  Thomas McCarthy, who wrote the Oscar-nominated "The Visitor," is 43.  Susannah Grant ("The Soloist") is 46.  (Although for the record, I don't think 40's is that old in Hollywood anymore.)

1.5)  A caveat just to torpedo my own thesis: last summer, ICM settled a lawsuit from a bunch of over-40 writers who sued ICM for age discrimination.  Click HERE to read.

2)  It's still incredibly hard for a first-timer to sell something, and I think the obstacles that face older newcomers are the same obstacles facing younger newcomers.  Namely: it still takes an infinite number of man-hours to write a sellable script... and it still takes contacts and relationships.

A little over a year ago, Hollywood was abuzz with the story of Michael Martin, a 27-year-old toll-booth-worker who wrote a spec feature called "Brooklyn's Finest"... and sold it.  People loved-- and were shocked and amazed-- by this underdog story... which I think is relevant here because MICHAEL WAS ONLY 27.  In other words-- it's shocking to Hollywood when ANY "noboby" sells something... even if he's only 27, which is certainly not old by Hollywood screenwriting standards.

Now, a couple other interesting (and often overlooked) things about the Michael Martin story...

A)  Michael wasn't exactly a first-time screenwriter.  He'd studied film in college, so he had some knowledge, and maybe even some contacts.

B)  Michael submitted "Brooklyn's Finest" to a contest... and contests are open to anyone, regardless of age.  He didn't win... and contests don't always (even rarely) result in scripts making their way to producers, but his managed to get to someone.  If the script is as good as "Brooklyn's Finest," the same thing could happen to anyone, anywhere, of any age.

C)  "Brooklyn's Finest" didn't sell immediately.  It actually landed Michael a job... writing "New Jack City 2."  I think this is important, because many screenwriters NEVER sell anything-- but make a very nice living getting hired onto projects and doing rewrites.  But in order to do that... you must LIVE IN LOS ANGELES (or maybe New York, like Michael) and have the time and flexibility to take meetings, meet the appropriate contacts, nurture the appropriate relationships, etc.  And like we discussed before, "older" people often don't have that flexibility... not because they're "older," but because they often have lives and lifestyles-- full-time jobs, families, obligations-- that don't allow them to commit to the 24/7 lifestyle of being a budding screenwriter.  (Of course, Michael Martin blows that whole theory to hell, but Hollywood is an industry of exceptions... and he is CERTAINLY an exception.  So the next Michael Martin we read about could be a 59-year-old plumber in Dallas!)

So what's all this mean?  Selling ANYTHING in Hollywood, especially for a newbie, is hard... near impossible... whether you're a 27-year-old in NY or a 64-year-old in IA.  Is it harder for someone older?  Yeah, probably.  Does that mean there's ageism?  Not necessarily.

But as writers, I think the question we should be asking ourselves-- no matter how old we are-- is NOT "Why can't I sell something?"  It's "How can my work be better?"  And once it's better: "How can it be even BETTER?"  And once it's even BETTER: "My work's not good enough... how can I make it still BETTER?!"

The truth is: THOSE are the questions that will make your script good enough to sell... no matter your birth date.

Also, for a great article on ageism, check out "How Old is Too Old To Be a Screenwriter?" by D.B. Gilles, author of "The Screenwriter Within: How to Turn the Movie in Your Head into a Salable Screenplay" and "The Portable Film School."

Today’s reader question comes from Jon, who lives in Iowa and writes in response to Monday's post about the network and studio writing programs (NBC’s Writers on the Verge, the Disney Fellowship, the FOX Diversity Program, etc.).  Jon writes…

“Why there isn't such a program for we victims of age discrimination?  I'm being facetious, but I suspect that even with a good script or writing samples, someone in their 50’s, like me, would have a hard time getting a meeting.   Do the diversity programs look for young talent, or just new talent?  It should be the latter but I suspect its the former.”

Well, Jon, age discrimination is always a hot topic in Hollywood discussions, so I’m glad you asked.

First of all, there are many “older” writers in Hollywood—especially in television, where shows’ head writers and producers have spent decades working their way up the ladder.  David Chase, who created “The Sopranos,” is 63 years old.  Writer/director Nancy Meyers is 59.  Carlton Cuse, the showrunner of “Lost,” is 50.  Howard Gordon, who runs “24,” is 48.  Linwood Boomer, who created “Malcolm in the Middle” and this year’s CBS pilot, “The Karenskys,” is 54.

Secondly, a lot of studio diversity programs DO consider age a part of “diversity,” at least in theory.  I was in the Warner Brothers Drama Workshop a few years ago, and they made a conscious effort to find “older” writers… there was a woman in my program who was from northern California and had two college-age children (she commuted to Los Angeles once a week for our classes).  So while I can’t speak to every studio’s program, I think many of them DO try to seek out talented older writers.

Having said this, it doesn’t always happen… but that’s not necessarily because of a malicious “age discrimination” conspiracy.  I think because Hollywood is youth-obsessed—especially when it comes to actors, actresses, models, etc.—we like to apply this to other areas, too, but personally… when it comes to writers… I don’t think there’s a ton of age discrimination.

Now, I’m not saying that makes it easy for “older” writers to suddenly break in and get writing jobs, but I am saying this…

I don’t think a dearth of older writers is necessarily due to “age discrimination.”  I think it’s more due to a couple other factors.  Specifically…

1)  Breaking into TV-writing or screenwriting is a full-time job.  More than full-time.  As I often point out on this site, breaking into screenwriting takes MUCH more than mere talent… it often means spending years working in the trenches of Hollywood, learning the business and—most importantly—building up a solid Rolodex of contacts and relationships.  Most people who have already spent many years building another career (regardless of their actual age) are very hesitant to do this.  

I frequently have “older” people come to my classes and seminars asking how to break into Hollywood… and when I say the BEST way of breaking in is to get a PA gig, an internship, or some kind of assistant job… starting at the bottom and working their way up… they scoff, telling me this is unrealistic for someone their age or of their professional stature.  Well, unfortunately, it’s HOW IT WORKS… whether you’re 22, 42, or 62.  

I suspect, if I were to suddenly switch careers and try my hand at being a contractor, or a lawyer, or a plumber, or a politician, I’d have to start at the bottom… learning the ropes and working my way up.  Hollywood is the same way.  Yet somehow, people always think that because Hollywood is about “art” or “creativity,” the rest doesn’t matter; if someone’s creative, talented, and intelligent, they should just be allowed in.  But this isn’t true… Hollywood IS a business… and many of the rules, official and unofficial, that apply to other industries apply here as well.

Having said that, if you have the time, energy, and tenacity required to try and break in—and breaking in IS a full-time job—it can be done… no matter how old you are.  I have a friend in his 40’s who left a successful banking career to break into TV writing.  He had to start at the bottom, working as a PA for less than $500 a week, but he worked his way up the ladder.  Nine years later, he’s now writing on staffs and selling pilots.  It was a long road, but he was willing to do it.

2)  Sometimes Hollywood employers ARE reticent to hire “older” people into entry-level jobs… because they’re afraid older people will quickly get bored and move on.

And there’s truth in this… as there is in every industry.

I have another close friend who works in the financial industry, and she’s spent the last several months job-hunting.  Although she needs a job, she’s frequently told she’s overqualified; places don’t want to hire her because they assume she’ll get bored or frustrated and leave.  She hates hearing this… especially because she WANTS the jobs she is applying for… but I think this is the way the business world works, from Wall Street to Hollywood Blvd.  She may be as passionate and hungry as a 60-year-old writer trying to break into screenwriting, but the thought that someone is over-qualified and could leave is daunting to employers.

3)  There’s also, for better or worse, the difference between being a good writer… and being a good writer “for your age.”  In other words—the expectations of a 25-year-old writer are different than that of a 50-year-old writer… people expect the 50-year-old writer to be better, more seasoned… which I think is fair.

About ten years ago, Hollywood was all abuzz when Riley Weston, a 19-year-old prodigy, was hired to write on “Felicity”… and then fired when the producers discovered she was actually 32.  Many people cried “age discrimination.”  But I knew one of the execs who covered the show, and she had an interesting honest take…

“Riley was good,” she once told me, “for a 19-year-old.  Her talent was very raw, a great find in a 19-year-old… but for a 32-year-old, she wasn’t that impressive.  You expect a 19-year-old to be a little green… but a 32-year-old should be more ‘refined.’  They should be more ‘cooked.’  Riley wasn’t.”

There’s truth in this. If you’ve been writing for 50 years, or even 32, you SHOULD be more seasoned.  You should have honed your craft, found your voice, learned how to mine and tell your own personal stories.  If a 50-year-old—or even a 32-year-old—is displaying the same level of skill as someone almost half their age… whether they're a writer or an architect... yeah, I’m gonna hire the younger person… because they have more time ahead of them to grow and be molded. 

Of course, by "skill," I don't just mean sheer talent.  I mean the whole package: talent, social skills, business acumen, etc.  Hiring someone is an investment... and hopefully a long-term investment.  That's not saying older people are gonna kick the bucket sooner, or even retire, but younger people have-- strictly numerically speaking-- more time in which to invest.  And yeah-- there's a learning curve.  So all things being equal-- talent, acumen, interpersonal skills-- I'm probably gonna go with the person who can give me the most time.

Along those same lines, younger people tend to be able to dedicate more time to a job, whatever that job is.  They don't have the demands of marriages, families, hobbies, etc.  And-- especially in television-- writers can often work 16-hour days.  I want someone who can easily work those hours.  Maybe it's unfair to think an older person has more responsibilities than a younger person, but I think it's an assumption based in truth.  (Even as I write this, I feel like I'm maybe reinforcing age-ism and prejudice, but realistically-- MOST older people DO have families, marriages, etc... there are always exceptions, but let's be honest-- as we grow older, our lives grow.  It's a simple fact.  When we're younger, we're less fettered.)

4)  Lastly, I think aspirants of ALL AGES underestimate exactly how many amazing writers are trying to break into Hollywood... which means the bar is set INCREDIBLY high, no matter how old you are.  There are plenty of bad writers, to be sure, but Hollywood is full of thousands upon thousands of extremely talented storytellers—both working and not working.

I think people often look at bad TV shows or bad movies and say, “I could write something better.”  Or, “These writers are terrible.”  The truth is—many of these bad TV shows and movies come from highly talented writers and beautifully written scripts… but there are a million factors that can transform a wonderful script into a horrible product: bad acting, low budgets, personality clashes, misinformed rewrites, time crunches, bad directing… you name it.  

Again, this isn’t to say there aren’t bad scripts, it’s just to say that the bar is set VERY HIGH for writers in Hollywood… and you can’t underestimate that, no matter how old you may be.  BUT—in the context of age-ism—it’s very easy to look at an “older” writer who doesn’t seem to be getting her break and say, “She’s so talented… but Hollywood won’t hire a 55-year-old writer.”  Yet the truth is: what’s keeping her out is probably the exact same thing keeping out all the 25-year-olds… she’s talented, but she’s not talented ENOUGH.

So all of this is to say…

I am SURE there’s subtle age-ism in Hollywood... just as the whole world is full of subtle racism, reverse racism, sexism, and every other ism.

But I also think there’s an infinite number of other things keeping writers of ALL ages out of Hollywood… yet when that writer is older, especially if they’re older and somewhat talented, we like to scream “age discrimination.”

Sometimes it is.  Most of the time it isn’t.

So, old fogies, I'll tell you what I tell all them young whippersnappers... if you want it, and you have the time, energy, and commitment to go after it-- you'll get it.  It won't be easy, but hey-- it ain't easy for anyone!


Now… on a totally unrelated note… a music recommendation: go buy the new Great Northern album, “Remind Me Where the Light Is,” which just came out Tuesday… it’s AMAZING!

Huge thanks to Jen Grisanti-- and her awesome monthly newsletter-- for compiling this great list of deadlines for upcoming network and studio writing programs.  For all those applying-- GOOD LUCK!

WRITING PROGRAMS AND DEADLINES FOR TV WRITERS

NBC - Writers on the Verge
This is a 10-week program focused on polishing writers' material and readying the participants for the staff writer position on a television series.  Classes concentrate on creating an exceptional spec script and understanding the dynamics of pitching oneself in the television industry.
Please go to http://www.nbcunicareers.com/entry_leadership/Writers_On_The_Verge
DEADLINE TO APPLY - June 30, 2009

ABC Associates Program
This is a 12-month paid program, during which individuals from diverse backgrounds are placed in entry-level positions in the production-related areas of ABC Studios in Burbank, CA.
Please go to http://www.abctalentdevelopment.com/
DEADLINE TO APPLY - April 24, 2009

CBS Diversity
CBS's program focuses on opening doors:  providing opportunities to build relationships with network executives and showrunners; to support new and emerging writers in their efforts to improve their craft; and to develop the interpersonal skills necessary to break in and succeed.
Please go to http://www.cbscorporation.com/diversity/cbs_network/index.php
DEADLINE TO APPLY -  May 1, 2009.

FOX Diversity Writers Initiative
Writers selected will be invited to attend a six-week session at Writers Boot Camp and be offered a consultation with WBC mentors during which time writers will rewrite and improve their scripts.  The goal is to execute scripts at a level of professional quality equal to those purchased by Fox in the course of its normal television development.
Please go to http://www.fox.com/diversity/creative/writer_initiative.htm
DEADLINE TO APPLY - July 3, 2009

Warner Bros. Writers Workshop
The Warner Bros. Television Writers' Workshop consists of three components, Lectures, Simulated Writer's Room, and Staffing, all geared towards preparing the writer for a successful career in TV writing.
Please go to http://www.writersworkshop.warnerbros.com
SUBMISSIONS ACCEPTED - May 1, 2009 - July 25, 2009

Hey, all--

Just had to post this morning's awesomely hilarious piece from NY Magazine. 

If you love following the slapstick programming antics of NBC's Ben Silverman as much as I do, you'll love this.  It uses some great graphs and pie charts to show you just how well-- er, NOT well-- NBC is performing since Ben took the reins!

Click HERE!

Hey, everyone--

Just wanted to say THANK YOU to everyone who came out Tuesday night for the Small Screen, Big Picture seminar and pitch panel at Barnes & Noble here in L.A.  There were a ton of Script Notes readers there... some familiar faces and some great newbies... and it was wonderful to see you all.  I can't tell you how much I appreciate all the support...

William, the Barnes & Noble event manager, was thrilled with the turnout... he said it was by the most successful local event they've ever had there-- so thank you!

And for those of you who weren't able to make it, you missed a terrific time.  I gave a much-longer-than-planned talk about the elements of successful TV shows, and then we brought out a panel of special guests: Lindsay Howard, a scripted agent from APA, and Joke Fincioen and Biagio Messina, executive producers from Joke Productions, one of the hottest reality companies in town right now.  Audience members were then able to pitch us ideas for their TV shows and get feedback on their pitches... and we heard some GREAT stuff.

To be totally honest, while not all the pitches were home runs, I was really impressed with the overall quality of the ideas and the poise of the pitchers.  So kudos to everyone who attended, supported, and pitched!  I hope you had a great time and left with something valuable!

For a fun description of the night, check out the blog of my friend and fellow TV writer, Paula Yoo... although be warned: you're not only in for a description of the night, but also for a gushy lovefest over Anoop Desai.  (Trust me-- I'm embarrassed FOR her, I swear.)  (Just kidding, Paula!)  (Not really.)  (And to be fair, at least once a week I find myself inadvertently rocking out to Kelly Clarkson.)

And lastly, here are some photos from the night, compliments of Paula... thanks, Paula!


The "seminar" in full-swing (and running way longer than I'd intended... so thanks to everyone for putting up with me!)

More me...





A display of books (I know this isn't that exciting to look at, but I have to admit... I like the poster)






The pitch panel in progress (from left to right: me, standing; Lindsay Howard; Joke Fincioen, Biagio Messina)



And if you weren't able to come but would still like pick up the book, please do!...