I hope this really registers with you

courtroom
Take the appropriate steps, and this kind of result can be easily avoided

Pop quiz!

You’ve just finished the latest draft of your script. Not the first draft; maybe a few later. Exactly which one is irrelevant.

But you’ve got what you consider a pretty solid script, to the point that you think it’s ready to start sending out. Queries, contests, what have you.

What important step should you take before anything else?

And…pencils down.

For a more thorough explanation than I could ever provide, here’s a post from the apparently defunct cinemoose.com that all screenwriters should read and heed – especially those of you still in the starting-out stage.

(Author’s note – this is just one of the numerous posts about this topic from the screenwriting-based internet, but the info and advice is more or less the same)

“So you’ve finished your new script and you’re ready to send it out to producers and production companies. How do you protect your work?

Registering your script with the Library Of Congress costs $35. The WGA (Writers Guild of America) offers a similar service for $10 for WGA members and $20 for non-members. So which one is better? Or should you do both? And what about the “poor man’s copyright”?

The Library of Congress

The Library Of Congress is the organization within the United States that deals with copyrights. What is a copyright? According the Library of Congress website, copyrights are a part of intellectual property law that protects “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”

Copyrights do not protect names, titles or ideas. This last point is an important one. Just because you have a great idea for a movie about a disaster movie involving earthquakes does not mean that you copyright that idea and prevent someone else from making a disaster movie about earthquakes. Copyrights only protect the way an idea is specifically expressed. What this means in plain English is that copyrights may only protect the characters, dialogue and story elements that make your specific telling of the story unique.

Technically speaking, your script is copyrighted from the moment you finish it. However, it is a good idea to register your screenplay with the Library of Congress to establish a legal record that may be used in court if you are unfortunate enough to be involved in a copyright infringement lawsuit as a plaintiff or defendant. Registering your screenplay costs $35 and is a relatively simple and straightforward process. Note: screenplays fall under the category of performing arts, not literary works. You can visit the Library Of Congress’s copyright site for more information or download the forms for copyright application here: Copyright Registration Form PA.

The WGA Script Registry

The WGA also maintains a script registry service for screenwriters to register their works. Their service costs $10 for WGA members and $20 for non-members and is valid for five years. The WGA claims that while their service does not replace registering your work with the Library Of Congress, the WGA script registry offers an additional layer of legal protection for your work.

Hogwash. Registering with the WGA does not offer any legal protection for your script. It is, in fact, a money-making scheme of the WGA. The only thing you can do to legally protect your work that will hold up in a court of law is to register with the Library of Congress. The WGA script registry is a waste of money and is not recommended unless you have money to spare and just wish to support the WGA.

(Author’s note – the WGA registration has to be renewed every five years, whereas the Library of Congress copyright is good for the life of the author, plus another 70 years.)

Poor Man’s Copyright

I’m sure that many of you out there have heard of the poor man’s copyright. This process involves mailing a copy of your work to yourself and keeping the sealed envelope with the certified mailing stamp as evidence of your copyright. The poor man’s copyright is little more than an old wives’s tale as there is no provision in the copyright law regarding any such type of protection. It’s about as useless as the WGA’s script registry.”

Things that get in the way

david silverman

Today’s guest post comes courtesy of psychotherapist and script doctor/coach David Silverman.

As a writer-producer in film and tv, David Silverman worked on shows like Mork and Mindy, One Day at a Time, ALF, Newhart, Dilbert, Duckman and South Park. He learned firsthand that “staring into a computer screen day after day could make you feel isolated, frustrated, anxious and even depressed.” Today, he works as a script doctor/coach and as a psychotherapist where he “tries to help writers cope with creative blocks, mountains of rejection, job insecurities, stress, couples problems and the occasional knife in the back.”

A while back, I gave a talk to a group for writers trying to get back into the workforce after a hiatus. It was titled “Things That Get In The Way of Writing”. A quick bit of backstory about this organization: it’s made up of television writers; WGA members who won a class action suit against the studios based on ageism. 

They were able to show that they’d lost income and jobs because they were labeled as “old.” The studios paid out some settlements and included was membership in this group. So there were a lot of older disgruntled writers; some who’d created TV shows, some who’d won Emmys.

They were all so used to getting paid lots of money to write when they were last working, the prospect of writing on speculation didn’t motivate them much. Yet they all wanted to reinvent themselves and restart their writing careers. Some were writing screenplays, others were writing half-hour and hour TV writing samples.

Everything seemed to get in the way of writing for them. So we talked about how writers get motivated to write  – without being paid. They’d done it before, but times were different now.

Having done so much research into the subject of productivity and motivation for screenwriters and TV writers, I didn’t know where to begin. I ended up talking about the methods that make the most sense to me, that I actually use myself, or that I find most interesting.

Most ideas about how people can change themselves involve changing the way they think about things. Psychologists call this “reframing.” Look at things differently. For example, too many writers believe they’ll write one screenplay that will sell and make them rich and famous. Not likely. Sorry.

Instead, it helps to think of this whole selling scripts thing as a long-term process. Tell yourself you’re going to write dozens of spec screenplays over your career. It’s possible that none of them will sell. However, they may get you an agent or a pitch session with a producer.

The producer will hopefully say, “I love the writing in your script! Tell me about some of your other ideas.” They may also say, “Your writing is great and we think you’d be perfect to write this feature idea.” Either way you get paid to write.

So don’t get hung up about having to sell each screenplay you write. Hopefully you will sell one or two. However, writing spec screenplays can have many positive outcomes besides selling. Some writers get locked into this wrong-headed way of thinking. If that first script doesn’t sell, they give up. Or they keep trying to sell that same script for the rest of their lives.

Thinking about the long view also helps you handle rejection better. A rejection (such as when the studio says they’re not going to buy your script) isn’t a soul-crushing experience when you realize there are other positive outcomes that come from writing a spec script.

Another favorite reframe comes from the Woody Allen quote “80% of success is showing up.” It simplifies the writing process. It’s always overwhelming to think of sitting down and immediately writing this great Nicholl-winning script.

Break down the process. The simplest piece is “show up at the keyboard.” A screenplay is not going to pop out fully-formed. Everybody should think about writing as a process. You show up. You have some ideas. You figure it out.

You break the script down into an outline, a treatment, a first draft. Don’t expect perfection in a first draft. In fact, don’t think about writing a perfect script. Write a great script, or a script that will sell.

I remember trying to be a perfectionist about writing a screenplay. I got all detail-oriented, and polished each scene and every piece of dialogue. However, the more I focused on polishing up the little stuff, I seemed to lose track of the big picture. Be careful – the big picture is the one that counts. Tell a great story.

So I brought up these ways to think about writing differently in my talk. Some of the writers thought they could put these ideas to work. I noticed, however, that some of these writers were truly stuck and needed real psychotherapy.

There’s another thing that gets in the way of writing – overthinking. How can you write when your mind is telling you you’re not good enough? Because that’s what your parents told you your whole life? How can you write when you have doubts? Will this sell? Am I wasting my time with this genre?

You have to center yourself and stop dwelling on all these thought while you write. You have to be able to clear your mind. And that’s not easy, because we have all these expectations. Our brains are more than happy to supply us with reasons we’ll never succeed. Learn to let go of those thoughts.

It’s basically Darwinism at play – the survival of the species. A gazillion years ago when sabertooth tigers were lurking around every corner, our brains needed to keep us hyper-vigilant. We doubted all our moves. We lived in a state of “fight, flight or freeze.”

We got civilized, but our brains didn’t catch up. We still overthink everything and have doubts. You can’t write with all those thoughts getting in the way. You have to center. Different writers have done it in different ways. Some hole up in a beach house, or a cabin in the woods. Some go to Starbucks.

Some, like Stephen King, wrote through a haze of beer and cocaine. Phillip K Dick wrote everything – the stories that spawned Minority Report, Blade Runner, and The Man in the High Castle – on amphetamines.

The key is not to let all the noise and overthinking interfere with your writing. Some people have simple rituals that help them center. They make a cup of tea and listen to their favorite music. They go to the same hotel lobby everyday to write.     

Rituals calm us down because of their familiarity. So get that latte at Starbucks, drive to the art gallery where you like to write, open your laptop, plug in your earbuds and listen to U2. Whatever works for you. Then stick to it.

Perseverance pays off.

Remember that bunch of “old” writers? I found out they sold a pilot – no doubt from putting all of my advice to work. But in all seriousness, it was more likely they were doing what I advised them to do – not because I gave that talk, but because that’s why they were successful in the first place.

A lot of writers have learned these lessons, these ways of thinking about their craft and their careers, through experience. Some might have known about them instinctively. Hopefully some of this advice can help you skip years of learning the hard way.

My enthusiasm, your enjoyment

rollercoaster
Offering up excitement and thrills for everybody

I admit it. I was weak. I couldn’t resist. The urge was just too overwhelming.

So I accepted the reality of the situation, and just went ahead and did it.

I went back and revised the pages I’d already written for the pulpy adventure spec.

No regrets.

The character that shouldn’t have been in there was cleanly removed, but in the process of doing so, a new idea emerged with a way to further weave some of the subplots together. Always nice when that happens.

Engaging in this mini-rewrite also provided me with the opportunity to take a step back and just read. Was it still working? Were my aspirations of producing a ripping yarn being achieved?

Seems that way so far. Then again, I’m slightly biased.

Some notes I got on an earlier draft of the western were along the lines of “it’s good, but the writing’s a little dry.” With this script, there’s more of an effort to avoid repeating that by really punching things up.

I’m getting a real kick out of seeing what I can do to make this an exciting read for anybody, including myself. Many’s the time I’ve heard that you should be able to see the writer’s love for the material on the page. That’s something I’ve always tried to do, and working on this script is no exception.

So after this temporary pause, things are back on track. Momentum will be regained, and progress shall continue.

Exciting times all around, chums.

-Friend of the blog/consultant Jim Mercurio is running a crowdfunding project for his latest film project American Neorealism. It’s VERY close to being funded, and there are just a few days left, so donate if you can to help him reach (or even surpass) that goal.

Q & A with the Thornton Brothers

Thornton Brothers

Chris and Jason Thornton are professional storytellers who seek to entertain audiences via thematically charged films, TV shows, books and comics across various genres while specializing in darker, provocative, character-driven narratives ranging from “micro” to tentpole in budget. They are members of the WGAw and repped by UTA and Rosa Entertainment.

Cactus Jack is their feature directorial debut. It’s the story of a reclusive hate-monger who starts a venomous, vitriolic podcast from his mother’s basement and makes enemies far and wide—until one comes to silence him. Think a cross between Taxi Driver and Talk Radio for the podcasting generation. You can help the guys out with their crowdfund campaign (and see their totally NSFW red band proof-of-concept teaser)

What’s the last thing you read/watched you thought was incredibly well-written (Book, TV or film)

Fuck, that’s hard. Not because we look down on stuff, but because we’re so busy trying to make our own shit that we barely have time to consume like we used to. Hmmmm. Just rewatched Network lately, so that definitely should be mentioned. Paddy Chayefsky was an absolute beast. Sure. Network. Can’t go wrong with that.

What’s your writing background? What was the project that got things started?

We’ve kind of always been innate storytellers. We come from a strong line of liars and bullshitters, and as largely unsupervised kids in the projects outside DC we’d play out really elaborate, raw extended throughlines with our action figures and made our own comic books and honed our sensibilities between bouts of watching R-rated 80’s shit on free promotional HBO and Showtime and role playing. We started screenwriting together maybe fifteen years ago, but after writing three scripts that shall never see the light of day we stopped for a few years before coming back to it in ‘07. That project was a script called Heart, about a dying, psychotic Vietnam vet who gets an early release from prison and—since he can’t get on a donor’s list—tracks down the man whose life he saved forty years ago in ‘Nam: he wants the dude’s heart. It’s a very dark, fucked up, pulpy who-do-I-root-for story, which finished in the Top 30 out of like 5,000 entries for the 2009 Nicholl Fellowship (since dismantled and currently turning it into a truly dastardly novel). From there we started talking to managers but it was our next script Mechanicsville that really hooked our manager (shoutout to Sidney Sherman of Rosa Entertainment, who still reps us) and first agent (started at WME but since jumped to UTA). M-ville’s kind of a Kentucky-fried heist flick about how shit hits the fan when two gangs of bank robbers try to rob the same small town bank on the same day (Hell Or High Water stomps all over it now, unfortunately). That one started getting us legit meetings, led to our first assignment and opened the door to pitch shit, etc.

Your current big project is crowdfunding to produce your original independent film CACTUS JACK. What’s the story behind that?

Part of this is definitely about us tiring of being stuck on that movie/TV development hamster wheel, and all of these unproduced projects forcing us to look at our shoes and mumble “no” when people hear what we do and of course follow up with “Oh yeah? Anything I can see or read?” Part of it is about trying to make a feature film for relatively very little money, because screenwriters will never “move the needle” on a project like in-demand directors will… but for the most part it’s a sick little story we just have to get out there as quickly as possible. It’s very zeitgeisty, very of-the-moment as it holds up a twisted, frothing-mouthed funhouse mirror to this already “big top” election cycle. Once we started talking to our actor (Michael Gull, a very talented dude whose skills we tailored the very conception of the film to), we knew we had some dynamite shit on our hands, and as far as we were chomping to push the envelope into radioactive territory, we knew none of our contacts or fans in Hollywood would take a risk on this thing until it was made and we proved our point.

So we found a micro-investor to help us make a teaser for the film and launched a crowdfunding campaign on indiegogo. We need all the help we can get, time is running out, and though we have recent some offline help from friends and family who couldn’t back us through the campaign, it’s pretty dire! We’re going to make the movie come hell or high water, but every penny helps push production value (plus pay and feed cast and crew) and you can preorder a copy of the flick for $25. So—please, lend us a hand in making this batshit, gonzo little monster of a movie!

Your writing style is very vivid and descriptive. Did that come naturally or was it something that took time to develop?

Both. It takes a long, long time for some people to hone their voice and honestly, it should be an ongoing process and evolution for your entire writing life. But you have to have a voice to be honed in the first place. A lot of writers are sadly like those poor souls on American Idol who have no business auditioning in the first place—but hey, who are we to deny the delusional their dreams? Whatever keeps them from shooting up a shopping mall. ;)

Have you always worked together? Is one of you the specialist in a certain area, like one does more writing and the other handles directing, or do you split it evenly?

We’ve sort of always worked together, for the most part. Though we each have our own skills we complement the other with, we do tend to each spearhead a project nowadays while the other acts as more editor and muse. So yeah, we each have our own pet solo projects, but they all fall under the Thornton Brothers umbrella eventually.

Do you only work on your own scripts, or have you done some assignment work as well? Do you have a preference?

We’ve done both, for sure. Hard to sustain a career, or even kickstart one, without doing assignment work. The nice thing about it is people actually give you money to commence writing something! It’s crazy. Not at all easy to do, trying to feed yourself or help provide for others in the arts. Some might even call it foolhardy, but yeah…we’ve done both. Selling something you wrote yourself, from your own mind and heart, is infinitely more satisfying. And while we’ve had some very fun, interesting experiences collaborating in a development sense with assignment work or on successful pitches that became scripts (if not movies), no matter how smooth or inspired a collaboration with an outside party it’s never quite as liberating or just straight up fun as going out into the creative wild on our own and coming back with a kill.

You’re also filmmakers as well as writers. What do you consider the benefits of working on a film, from both the writer and filmmaker perspective?

Making or even merely being witness to the construction of an actual film is pretty invaluable for screenwriters, in our collective opinion. You really start to see how to separate the meat from the fat, and how what works on the page might not be as impactful in the moment or on the screen. Editing film/video also really helps hone your sense of timing, pacing, and flow as a storyteller… and how effective and economical you can be with visuals, allowing characters to shut the fuck up sometimes, how to convey info without big, clunky dialogue exposition bombs, etc.

Also, if you can we say go for the hyphenate… again, no screenwriter is ever going to have the kind of clout a successful director has. That said, many don’t have the temperament or skillset required (not that there’s one narrow band of disposition that allows one to direct), but writers often have murkier personalities. It’s worth making a film or two to find out if you’re a writer-director or filmmaker versus just a writer is not a bad idea. But if you know off the bat you don’t get along with others, have trouble verbally conveying what you mean to say, then save yourself the grief. Take our word for it: directing even modest, “micro” films ain’t for the faint of heart. Also, keep in mind that some stories demand to be told in this medium. Others don’t. Some work better in prose, or even in poem of song. Marrying the right medium to the story is also part of the trick.

When working on a script, do you have a reliable source for notes?

We are our own most reliable source of notes. It helps that there’s two of us but honestly we’ve both tried to become total fucking samurais when it comes to self-editing. You have to be. It’s not only a matter of putting your best foot forward when you go to show your work to reps or the public, but even if you were going to Emily Dickinson that shit away in a kitchen drawer until it’s discovered posthumously years later—your story deserves to be the closest to “perfection” it can be (which is objectively unattainable, but approximated through the filter that is you. It is YOUR story, after all). Oh, and our manager is usually good for one killer note.

What are the 3 most important rules a writer should know?

Ew! “Rules!” Haha, in all seriousness though maybe Rule #1 should be: There Are No Rules. There’s no one way to get noticed, to have a career — and anyone who tells you there is is probably trying to sell you something. But if you want some real nuts and bolts:

1. Always approach storytelling with Character at the forefront.

Even if you outline a predetermined plot to get started with a map, veer off of it when you find it incongruent with a character you’re rendering. If there is falsity or fallacy baked into the behavior of your characters, no matter how tightly constructed your narrative, it will start to crumble.

2. Be careful with twists and “reveals.”

We see it all the time, from the stuff we watch and read (and have written in the past) to many of the scripts we’ve consulted on. It’s a natural storytelling tendency, to want to surprise an audience, but only do it with REAL PURPOSE. Be careful with the big climactic “backstory reveal that made the character tick all this time.” Very rarely works.

So much more satisfying is a simple story told well. If you do work with twists, make it work like The Sixth Sense. The film works with or without it until the point it hits, and it is truly revelatory. It’s not that M. Night held something back to show how clever he was. Don’t do that shit. It’s awful. Put your cards on the table and tell your damn story.

3. Don’t be a slave to the idea that a story needs a transformational character arc.

This is something that a Blake Snydered Hollywood succumbs to far too often, in our opinions. First: in film arcs very, very often feel shoehorned or forced in. Especially if not much time passes, or it comes near the end (must overcome his fear to succeed, or must learn to be a team player—blah, these themes have become true platitudes). If you open with a loving mother and wife whose husband and kids are murdered and she becomes a vengeful, murderous black widow from there—sure. Inciting Incident forcing a catastrophic arc that sets a character on a trajectory works. That feels authentic. And in TV, longform character change feels authentic. Some of the most potent stories of all time are great specifically because a character does not arc. Think Shakespearean tragedies, Daniel Plainview in There Will Be Blood, etc. Sometimes it’s “the right man for the right job,” and the transformation is supposed to occur in the viewer. That’s where real catharsis lives: in the viewer. Give it to them.

Reader of this blog are more than familiar with my love and appreciation of pie. What’s your favorite kind?

Well, there are two of us. Chris likes pumpkin, and Jay will eat anything. Literally, anything. There’s a reason we don’t include headshots.

Bulletin board back in action!

times square
It’s not your name in lights, but pretty darned close

Reinvigorated from their summer vacation, the hard-working staff at Maximum Z HQ has assembled the latest batch of projects from savvy creatives well worth your time and attention.

-Writer/director/producer Aaron Mendelsohn is offering a special 20% discount for his new ebook The 11 Fundamental Questions: A Guide to a Better Screenplay. Aaron is the co-creator and co-writer of the AIR BUD franchise (12 films and counting), has served as Secretary-Treasurer for the Writers Guild of America, and is currently a Professor of Screenwriting at Loyola Marymount University.

-Writing coach and author EJ Runyon runs the online writing service Bridge to Story. She’s launched the Little by Little crowdfunding project to help her build a vehicle that with your help will bring her services to those without internet access “anywhere in the lower 48”. You don’t “donate” to her Kickstarter; you book a coaching or story editing session and your funds go to the build!

-Screenwriter Phillip Hardy has launched his own script consulting company The Script Gymnasium. Phillip’s scripts have placed or won at over 30 film festivals and script contests, including Austin and Screencraft, and he also serves as a judge in the New York City Midnight Screenwriting Challenge. Seeking help to get your script in shape? He’s your guy.

-Writer-director Josh Mitchell runs Wicked Pissa Publicity, but has also worked on a lot of short films and is now running a crowdfunding campaign for his feature-length family film project HARRY HEAD, an original story about loyalty, family, unity and differences. Donate if you can!

-Screenwriters Chris and Jay Thornton have been busy the past couple of years with some script sales and developing a TV show with The Weinstein Company, but they’re now working on their debut feature CACTUS JACK, “an ultra-contained, thematically supercharged and extremely relevant gonzo micro-budget film.” A crowdfunding project is up, and you can view the NSFW proof-of-concept trailer here. Donate if you can! And as an added bonus, an interview with the Thorntons will post in the very near future.

Have a project of your own for which you’d like a little help getting the word out? Our email inbox is always open.