I can’t tell you how many times I’ve seen someone in a legal mess because they didn’t enter into a collaboration agreement before starting their project. This information isn’t new, but it’s so often overlooked that I feel it’s worth covering again. Hopefully the information below will resonate with you so that moving forward you can avoid often costly mistakes. The most important thing to be taken away from this article is the following:

When collaborating with someone on a project (e.g., a script, book, song, etc.), always have an experienced entertainment lawyer craft a written collaboration agreement which all parties sign before any work on the collaboration begins!

Just taking this simple suggestion can save you a ton of potential headaches throughout your career. Don’t delay.

What Is A Collaboration Agreement?

Briefly, a collaboration agreement is a contract entered into that spells out the specific terms and conditions of the parties’ working relationship, including, the disposition of the completed work, allocation of responsibilities and division of revenues derived from the exploitation of the work. Simply stated, the collaboration agreement clarifies the nature and scope of the relationship, including the ownership, business and creative controls over the work that’s jointly created. Think of it as a prenuptial agreement for creative collaborators, because just like marriages, unfortunately many collaborations end in separation, if not outright divorce.

The provisions of a collaboration agreement typically cover things like:

• Ownership Percentages In The Work (e.g., Is It 50%/50% Or Some Other Allocation?)
• Specific Responsibilities Of Each Collaborator
• How Are Monies Received In Connection With The Work Disseminated? (e.g., In What Percentages?, How Are The Collaborators’ Expenses Dealt With?, etc.)
• What Happens If One Collaborator Withdraws For Any Reason? (e.g., Can The Other One Continue Working To Finish The Project?, May The Remaining Writer Bring On Another Collaborator?, How Are The Ownership Percentages Revised As A Result?, etc.)
• How Will The Collaborators Be Credited In Connection With The Work?
• Are The Collaborators Members Of Any Applicable Guild/Union?
• What Happens If The Parties Have A Disagreement? (e.g., How Are Disputes Resolved?, Will There Be A Third Party Who Resolves Them?, If So, Who Is He/She Or How Will He/She Be Selected?, etc.)
• How May Rights In The Project Be Disposed Of? (e.g., Does This Require A Unanimous Decision?, May Either Party Dispose Of Their
• Own Rights Or Even All Rights?, If A Collaborator Wants To Dispose Of His/Her Interest, Does The Other Collaborator Have The Right To Block The Sale (Or A Right Of First / Last Refusal)?, Is Any Third Party Authorized To Dispose Of Rights On The Collaborators’ Behalf?, etc.)

Without a signed collaboration agreement in place, questions may be raised about the ownership and control of the work, as well as the ability to dispose of any rights in the work. It is also vital in determining what happens in the event that the collaborators separate for any reason.

Forms of Collaboration

Collaborations can take many forms, even ones that you may not intend. The two most common forms of collaboration I see are:

• Two People Intentionally Collaborate From The Beginning Of A Project

This is exactly what it sounds like. You and another writer come together to create a single collaborative work and the presumption (in the absence of a collaboration agreement to the contrary) is generally that 50% of the work is owned by each of you and that both of you will share equally in any revenues from the project.

This is all well and good, assuming both parties share the same expectations about each facet of the project. However, once there’s a disagreement, a standstill or one collaborator wants to walk away for any reason, problems begin, often leading to a stalemate which freezes the project indefinitely. At that stage, unless both parties can find a way to reach an agreement with respect to each other’s rights and obligations going forward, there is often no way to proceed effectively to finish or exploit the work.

• A Solo Writer Inadvertently Lets Someone Become A Collaborator In Their Project

This can happen in a variety of ways. Letting a friend casually contribute notes/suggestions/additions/alterations, etc. to your work can create a collaboration. Incorporating a producer’s (or other third party’s) notes when conducting a rewrite can create a collaboration.

As just one common example of how this may play out, let’s say a producer is interested in your screenplay. The producer may say that they want to see a rewrite from you before deciding how they want to proceed, and, to shape the project more to their liking, the producer contributes notes/suggestions/additions/alterations to your script. Once you incorporate those notes, you have inadvertently given that producer a rights interest in your project.

Now, even if that producer elects not to option or purchase your script (or if they option it but don’t ever exercise their option), technically that producer still has rights in your material, since you incorporated and expressed their ideas in your work. There’s now the potential that if you want to option/sell your script elsewhere, this producer may fly in (often out of nowhere once they get wind of your impending deal) and demand to be compensated for their work and/or involved in the project somehow.

Whatever the case, once someone’s intellectual property finds its way into your work, that collaborator has an argument that they have an ownership interest in your project. This dilutes your absolute interest in your own work and can potentially inhibit your project from ever seeing the light of day. If a third party is excited by your work and anxious to make a deal with you, it can be problematic (and potentially expensive) to have to seek out a signed document from your collaborator granting you all of their rights. It’s also unlikely that the excited third party will wait around while you sort things out and negotiate with your collaborator. Without the ability to grant 100% of the rights in your project to a third party, you may have great difficulty finding anyone willing to offer you a deal.

What Can Go Wrong If You Don’t Have A Collaboration Agreement In Place?

Without a signed collaboration agreement in place, all of your efforts may be lost down the road if you’re unable to come to a resolution with your collaborator and your project is stuck in limbo. Your collaborator may have the ability to veto any of your decisions, since by default, sharing equal control means decisions about the work must be unanimous. There’s even the potential that the project may end up involved in a litigation if you or your collaborator wish to salvage it. In any case, the time and money spent up front to sign a collaboration agreement which addresses and provides ways to avoid these issues is almost always a preferable alternative.

To avoid the majority of issues that may arise among you and your collaborator, it’s a great idea to sit down at the beginning and negotiate all of the terms of your collaboration agreement. This will force you to discuss each element of your working relationship and to make sure that if there are any differences in your expectations, you are aware of them before the collaboration starts. If for any reason you are unable to reach a resolution on any facet of your relationship, you can step back and rethink working together before any work is done. This saves you wasting a lot of time and energy working on a project with someone only to learn much later that there are differences of opinions as to how things should proceed. Once tempers flare over disagreements, it becomes exponentially harder to reach a resolution on any matter.

For the record, there are places online or in books where you can find forms or sample collaboration agreements. I strongly recommend you avoid using them. Each project has its own set of circumstances which can lead to different terms and arrangements. An experienced entertainment lawyer should be able to assess the issues between you and your collaborator(s) and, in a relatively short period of time, craft an agreement that spells out each party’s expectations and obligations. The cost for the guidance of such an attorney is a small price when compared with the potential costs (financially and emotionally) that might arise from your project being blocked from proceeding, whether as a result of an informal disagreement or costly litigation.

Once a well-crafted collaboration agreement is in place, you can freely proceed on your collaboration with a clear conscience, knowing that if for some reason things go awry, there is a mechanism in place to sort things out and permit you to part ways in a reasonable manner. This should save you any time second guessing what your collaborator is thinking or expecting.

If you would like further information on collaboration agreements or would like someone to prepare one for you, please feel free to contact me at any time. I wish you all the very best of luck for your ever-increasing success!

Jesse Rosenblatt is the founder of the Law Office of Jesse Rosenblatt, an entertainment law/consulting firm servicing corporate and individual clients across all segments of the entertainment business. He has over 10 years experience working and negotiating with many of the most powerful players in the entertainment industry. For more information, please visit www.jesserosenblatt.com or contact Jesse at jesse@jesserosenblatt.com.

© 2009 Law Office of Jesse Rosenblatt, PLLC. All rights reserved. This article contains information of a general nature that is not intended to be legal advice and should not be considered or relied on as legal advice. Any reader of this article who has legal matters involving information addressed in this article should consult with an experienced entertainment attorney. This article does not create an attorney- client relationship with any reader of this article. Law Office of Jesse Rosenblatt, PLLC does not represent or warrant that this article contains information that is true or accurate in all respects or that is the most current or complete information on the subject matter covered.

A burning question on any first time writer’s mind is – “How much will I get paid for my feature film screenplay sale?”

It’s a valid question, though a difficult one to answer. You’ve spent months, maybe even years, writing your script. You want to get paid! And you need to make sure you’re protected and don’t sell yourself short. Often times, writers are willing to forego monetary compensation in exchange for the hope they’ll receive credit on a completed film to help launch their writing career. While I certainly understand that perspective, and in some cases it’s a valid point of view, please remember – if others are getting paid well for their contributions to the project, you should too. Every great film starts with a great script.

I want to make clear that the typical structure of a screenplay deal is not an outright purchase but rather an option/purchase agreement. Let me briefly explain what this is for those of you who are unfamiliar with the concept: an option/purchase agreement is one where the prospective buyer (a producer, production company, studio, etc.) agrees to pay you some money (generally 10% of the potential purchase price or less) in exchange for a period of time (typically called the “option period”) where your script is off the market and the producer can develop it. At any point during this time period (which is often a year), they may decide to exercise their option to purchase your script and acquire all your rights in it. This generally means they must pay you the full purchase price set forth in the agreement less the amount of the option payment you’ve already received.

Rather than discuss these option/purchase agreements (a topic deserving an entirely separate article), I’m just going to focus on the actual purchase price amount for your existing screenplay (not one you’re now being paid to write or rewrite).

There is no universally applied standard for the purchase price of your screenplay (although you may use the WGA – Writers Guild of America – Minimum Basic Agreement as a guideline, whether you’re a member of the WGA or not). The amount you will receive for your first feature film screenplay sale will vary from project to project. There are several factors to consider, including:

• the demand for your script;
• who the writer is (taking into account whether the writer is in the WGA, the writer’s stature in the industry including his/her track record, etc.);
• the anticipated budget level of the film;
• if the script is based on any other underlying material;
• who the party producing the film is; and
• how many writing elements/steps the purchaser will require you to deliver (e.g., a treatment, a first draft and subsequent drafts, rewrites and polishes.

1) Fixed (or Flat) Purchase Price; WGA Minimums

For a writer seeking their first script sale, practical realities and other issues may lead smaller production companies to seek to buy your screenplay for a purchase price as low as a few thousand dollars. Whether or not to accept such an offer depends on your assessment of who the party making the offer is and your confidence in your ability to find another buyer willing to offer more.

If the party seeking to acquire your script is a mini-major or major studio/production company, you can expect the purchase price they’ll pay you should be at least WGA scale (e.g., the WGA’s stated minimum for its guild members), even if you’re not yet a WGA writer.
If you’re a member of the WGA, the union spells out mandated minimums to be paid for the purchase price of a screenplay by guild signatory producers. These prices currently fall between about $40,700 (for low-budget productions – i.e., less than $5,000,000) and about $113,600 (for high-budget productions – i.e., above $5,000,000). The WGA minimum schedule can be reviewed at
http://www.wga.org/uploadedFiles/writers_resources/contracts/min2008.pdf.

2) Purchase Price Tied To Production Budget

On projects set up with well established production companies or studios, often deals for screenplay purchases are done as a percentage of the budget, rather than a flat or fixed amount. So, you may expect to receive a purchase price equal to around 2.5% – 5% of the “in-going production budget” (which is typically defined as the final budget number for the film, including above and below-the-line items, less a bunch of costs, such as overhead, completion bond fees, contingency, interest, bank/financing charges and any contingent compensation). But if you try and apply this percentage of budget approach to a low- budget feature, the purchase price amount you come up with may just seem too low (for example, for a $750,000 feature, the screenplay purchase price at 2.5% of the budget would be only $18,750 – over $20,000 less than the WGA minimum).

The purchase price is often further refined with a stated “floor” amount – maybe $25,000 – and a “ceiling” amount – maybe $150,000 – so there is a fixed minimum and maximum the purchaser knows they’ll have to pay and you know you’ll receive. The idea here is that the studio or production company is protected from overpaying and you are protected from selling your script for a price that’s too low (so if the film becomes a major production with a much larger budget, your compensation will increase accordingly).

As a general rule, no more than 5% of a production’s total budget is allotted to acquiring all of the underlying literary properties (though in the case of very low-budget or very high-budget productions this percentage may not apply). This budget item must cover the payment for any books, articles, etc. on which the script is based, as well as all payments to all writers for the initial screenplay and any subsequent drafts, rewrites, polishes, etc. As a result, the production company must be mindful that if the “ceiling” amount is too high, this may be a hindrance in getting the movie made (since this line item in the budget will be too costly). So the purchaser will generally do their best to keep the “ceiling” amount as low as possible.

3) $__________ Against $__________

I’ve also heard it said from time-to-time that the “typical” range for new writers selling their first screenplay to an established production company or studio is $100,000 “against” $250,000 (but obviously take that with a grain of salt, particularly based on the current economic climate in the industry). This means you get paid a guaranteed fixed fee of $100,000 for your screenplay drafts (including the original draft delivered, and any additional writing steps included in the option/purchase agreement), though this fee may be actually payable in stages, with a chunk upfront and the remainder upon starting/completing writing steps. Then, only upon some condition taking place (which condition will be stated in your option/purchase agreement), you would get the other $150,000, which is often referred to as a production bonus. The condition triggering this production bonus payment is usually one of the following:

• the film going into active development;
• the film proceeding to production; or
• you being the sole credited writer on the final produced film (though in this case, if you receive shared credit, you would typically only receive half of this amount, or $75,000 in my example).

The reason the production companies and studios like these structures is that they purchase many more scripts than they actually ever produce and so this protects them from overpaying for material that ends up unproduced.

4) Purchase Price As It Relates To Writing Services – Which Amounts Are “Applicable Against” The Purchase Price?

In the event that you are negotiating not only a screenplay option/purchase, but also the terms for you to render additional writing services on the same project (e.g., additional drafts, rewrites, polishes, etc.), these may be negotiated at the same time (though the terms of each may appear in separate agreements). That said, you will need to negotiate which writing services are required from you and which optional writing steps the purchaser may elect to require from you down the road. Whatever the case, it is always important to make sure you know which of your writing steps are going to be “applicable against” your overall purchase price. This means that the purchaser will deduct the payments for those writing steps from the overall purchase price – so when you receive your purchase price, it will be less than the amount originally stated, since you’ve received additional sums along the way as you complete writing services).

As a rule of thumb, optional writing steps are almost always applicable. But once you go beyond the required steps and optional steps set forth in your agreement, if the purchaser asks you to render further writing services, you must make sure the payments for these steps are not applicable against your overall purchase price (because otherwise, you could be in a position where you cap out and working more does not yield you any more money).

Sometimes, a purchaser will request a writer enter into an “all services deal” once the film heads into production – meaning the writer is paid a flat payment which covers all required writing services from that point forward until the film is released. These should never be applicable against your purchase price and you should make sure some limits are placed on them so you are not stuck writing for ages if the project is dragged out.

5) Contingent Compensation (or “Back End”)

In addition to the purchase price, you can also hope that your option/purchase agreement will entitle you to contingent compensation in some form, often referred to as a “back end.” It is not uncommon for a writer selling their first screenplay to be entitled to an amount equal to 5% of the producer’s “net profits” (or however else this concept may be defined by the party purchasing your script). This may drop to 2.5% if you receive shared credit on the finished film. Be aware that your agreement will likely grant you a percentage of the limited pool of “net profits” received by the producer rather than those of the film production as a whole.

Generally, “net profits” are monies leftover after the producer (or the production company or studio producing the film) deducts all of their expenses (whether actually paid or not). The list of deductable expenses is quite lengthy and frankly, most writers believe that you will never receive a penny from your “net profits” allotment.

In an effort to give yourself the best shot at ever seeing some money from this, I suggest you try to tie the definition of “net profits” in your agreement(s) with the same definition in the agreement of the producer and/or director, since they will likely have greater negotiating leverage based on their past precedent. The above approach is often referred to as a “favored nations” or “most favored nations” definition, whereby your definition is ‘tied’ to that of someone else (usually the producer). This way the pool of money from which you all may receive contingent compensation will be defined, calculated and paid the same way. Since production companies/studios have several negotiated versions of the same definition for “net profits,” you want to do your best to protect yourself from getting gypped out of money (if any is actually left after permissible deductions) which other above-the-line personnel receive.
If you’re feeling confused by all of this, you’re not alone. I urge you not to try and parse through these concepts without an experienced attorney at your side. In the event that your definition is not as beneficial as it should be and your script turns out to be a blockbuster film, this could potentially cost you millions in the long run.

In addition, you may try to negotiate additional compensation in the form of box office bonuses, which only become payable if and when the film hits certain threshold levels of theatrical box office gross receipts. In some cases, you may even be able to negotiate a bonus which is contingent upon budget level (so if the budget ends up exceeding a certain amount, you’d receive additional compensation).
In conclusion, there’s no easy way to answer the question posed, since the amount paid for any screenplay is totally determined on a case-by-case basis. Armed with the information I’ve outlined above, and hopefully a great lawyer, manager and/or agent, you’ll reach an agreement and sign a contract for your first screenplay option/purchase. Congratulations!

Going forward, the amount of your compensation from this (your most recent agreement) with be referred to as your “quote.” The next question you’ll call to ask me is “How can I raise (or “bump up”) my quote?” Generally, as your career builds and you work on more projects, your quote should grow organically with each new deal. But three common ways to help speed up the process are:

• Have one of your screenplays green lit so the film proceeds into production and you receive credit on a completed film;
• Attract heat by selling a pitch, treatment or spec script (e.g., one written on your own with no impending buyer ready and waiting for it) in a “bidding war” where there are multiple interested parties; or
• Receive screenplay credit on a project that nets awards or has an impressive performance at the box office.

You should now have some parameters by which you can gauge your expectations. But remember, you’re a writer, not a lawyer/manager/agent – so make sure you surround yourself as early as possible with experienced and capable representation who will make your career and your success a priority. You want a team with integrity who can fight for what’s in your best interest – but only after first trying to reach a mutually amicable agreement. And let them handle all the heavy lifting. You should never try to negotiate the terms for your agreements on your own. It’s your job to write and be seen as the friendly creative force – not the negotiator.

I hope you found this helpful for providing some context to your question. I wish you all ever-increasing success!

Jesse Rosenblatt is the founder of the Law Office of Jesse Rosenblatt, an entertainment law/consulting firm servicing corporate and individual clients across all segments of the entertainment business. He has over 10 years experience working and negotiating with many of the most powerful players in the entertainment industry. For more information, please visit www.jesserosenblatt.com.

© 2009 Law Office of Jesse Rosenblatt, PLLC. All rights reserved. This article contains information of a general nature that is not intended to be legal advice and should not be considered or relied on as legal advice. Any reader of this article who has legal matters involving information addressed in this article should consult with an experienced entertainment attorney. This article does not create an attorney- client relationship with any reader of this article. Law Office of Jesse Rosenblatt, PLLC does not represent or warrant that this article contains information that is true or accurate in all respects or that is the most current or complete information on the subject matter covered.

By Zorianna Kit

LOS ANGELES (Reuters) – Want to be an actor, but you are beyond your 20s. Perhaps a career as a screenwriter, but you heard about age discrimination. Try directing, filmmakers are having all the luck these days — at any age.

“Shutter Island” from 67-year-old director Martin Scorsese, reigned atop U.S. box offices for the second straight week this past weekend. It dethroned former champ “Valentine’s Day” from 75-year-old Garry Marshall, and 76-year-old Roman Polanski’s “Ghost Whisperer” is performing well in art houses.

Some quick math on directors nominated for this week’s Oscars shows an average age of 48, lowered significantly by the youngish Jason Reitman (“Up In the Air”) at age 32.

It seems that if a director makes shrewd casting choices, works in a proven genre, stakes out a sure-fire release date or simply stays in the game long enough, they, like fine wine, get better with age.

“If you’re making works that are relevant to today’s audience, there is no ageism” in Hollywood, said Paul Dergarabedian, who tracks ticket sales for Hollywood.com.

Ageism has become a dirty word in entertainment in recent years because it seems today’s big stars are teens and young adults like Miley Cyrus, 17, Zac Efron, 22 and the “Twilight” actors. Brad Pitt, 46 and Tom Cruise, 47 are just old men.

Late last month, TV writers, talent agents, studios and broadcasters announced a settlement in an age discrimination suit that called for businesses to pay $70 million to writers who believed they were denied jobs and promotions because they were telling stories too old to reach today’s audiences.

Yet in a town seemingly always focused on new talent or the next young visionary, filmmakers old enough to be grandfathers are the ones tapping into what today’s moviegoers want to see.

Thriller “Shutter Island,” which teamed Leonardo DiCaprio and Scorsese, has earned $75 million in two weeks and “Valentine’s Day” is at $100 million in three weeks.

AWARD-WINNING PAIRS

Beyond box office, pairing with a veteran can lead to Oscars. Think Hilary Swank in Clint Eastwood’s “Million Dollar Baby,” Adrian Brody in Polanski’s “The Pianist,” Cate Blanchett in Scorsese’s “The Aviator” and Penelope Cruz for Woody Allen’s “Vicky Cristina Barcelona.”

This year Jeremy Renner has director Kathryn Bigelow, 58, among others, to thank for his nomination playing an Army bomb defusing specialist in “The Hurt Locker,” and little known Australian actor Sam Worthington has seen a huge career boost from 55-year-old James Cameron’s Oscar-nominated “Avatar.”

“I think there’s the cachet of working with a Scorsese or a Polanski that cannot be matched with working with a younger filmmaker, no matter how hot that person might be,” said Dave Karger, movie writer for Entertainment Weekly magazine.

Filmmakers, in turn, can find their careers flickering long past typical Hollywood expiration dates by pairing with some of today’s top actors and pop culture celebrities.

Marshall, for example, couldn’t be more hip right now for casting country sensation Taylor Swift, 20, and ‘Twilight” heartthrob Taylor Lautner, 18, in “Valentine’s Day.”

The idea is nothing new. Julia Roberts was 24 years-old when Marshall’s smash hit “Pretty Woman,” starring Roberts, hit theaters, and Anne Hathaway was 19 years-old when she found fame in his “The Princess Diaries.”

To be sure, other factors are at play when it comes to the success of these films, the experts caution.

Shrewd marketing positioned “Shutter Island” as a popular horror thriller, and interest about “Ghost Writer” has been fueled by Polanski’s recent arrest on an old child sex charge.

“There is no question the notoriety pegged to his legal case helped put him in the limelight and right in the mix of the box-office charts,” said Dergerabedian.

And it doesn’t look like any of older filmmakers have plans to stop. Eastwood’s next film is thriller “Hereafter” starring Matt Damon, and Woody Allen is editing “You Will Meet a Tall Dark Stranger” with Naomi Watts and Josh Brolin, among others.

“All these filmmakers could easily retire to Palm Beach,” said Karger. “But they are choosing to stay busy. In a town like Hollywood that’s generally tough on older people, its all the more impressive what these (people) are doing.”

Question: “How do I know if my idea is original?”

Audiences crave that which is different and yet familiar. So how can you set your script apart? By lending to it your unique voice and by looking for creative opportunities to make a familiar story paradigm different enough in its details to provide unique entertainment.

Let’s start with Five Ways to Test Your Idea for Originality:

* Share a pithy version of your idea with a few movie-savvy friends and ask for their honest feedback. Don’t get defensive, just hear them out. Does the idea sound familiar to them OR does your idea engage and excite them as something they’ve never heard before? Make sure to talk to friends who are real movie buffs.

* Make a list of as many movies as you can that bear ANY resemblance to your idea. When were those movies released? How did they do at the box office? Is it therefore TIME for another movie like Disturbia or is it better to let it go and come up with another idea?

• What would the poster for your movie look like? Does it contain familiar and yet unique elements?
• Who would you cast in the leading roles? And what movies have those actors done in the past? Anything similar?
• Does your story idea have a hook?

More about The Hook:

The hook is something about the script that is centrally very simple, very cool and very original. There are many different types of hooks but here are some likely suspects:

Character Hook: James Bond, Shrek, Austin Powers, The 40-Year-Old Virgin, Bonnie & Clyde, Psycho, Batman, Annie Hall, Taxi Driver, Sexy Beast, Pulp Fiction, When Harry Met Sally, Clueless. Think of this as the “you talkin’ to me?” category. Movies that carry a character hook are movies in which the central character is so unique that movie-goers remember that particular character for a long time, quoting him or her, etc.

Plot Hook: The Sixth Sense, Identity, Gattaca, Jaws, Donnie Darko, Brokeback Mountain, Saw, Speed, Terminator, The Island, Jurassic Park, The Ring, Purple Rose of Cairo, 28 Days. Think of this as the “I see dead people” category. Movies that have a plot hook are movies that have a central plot or plot twist that we have literally not seen before; a giant shark terrorizes a town, two gay cowboys have a love affair, a bus that will explode if it goes under 60mph, a video tape that if you watch, you’ll die 7 days later.

Wow Factor Hooks: Memento, The Matrix, Crouching Tiger, Hidden Dragon, Jesus’ Son, Trainspotting, Sexy Beast, Pulp Fiction, The Ring, The 5th Dimension. Think of this as the “bullet time” category. These are movies that have a really unique look or narrative methodology that we have not seen before. A stylized look, CG effects, super-saturated footage, jumps in time; but more than simply a look or a narrative style, the execution is intrinsic to telling the story. It’s not frosting; it is a delivery system without which the story wouldn’t be the same.

Note: You’ll notice some titles appear under more than one category. True enough. If you can get your script to carry all three hooks? You are golden. But that’s hard to do. That said, writers should strive to come up with a hook, that I can tell you. Because having a hook is golden, my friends, it will move your script from the bottom to the top of the stack, it will get you meetings and it might even get you sold

Need a few more “tests” for originality?

Here are Ten Questions You Should Ask About Your Idea:

1. What is the main character’s flaw?

2. Who is the antagonist and what is his or her plain, simple want, or goal?

3. What is the main character’s main crux of conflict, i.e. what is the main character trying to achieve and why is it not working?

4. What is the big choice/climax/cliffhanger of the third act?

5. What is the hook? What type of hook is it?

6. How does your main plot fit into the zeitgeist for audiences?

7. What is your theme?

8. Is this story a BIG Friday night big box office movie or a quiet, indie, Sunday matinee?

9. Is this truly 90-minutes worth of story?

10. What is totally unique and compelling in this idea?

It is essential to thoroughly test your ideas before you begin to write. If not, it is tantamount to building a house without a blueprint. Do you really want to spend six months to a year working on a script that is unoriginal, derivative, or just not entertaining? No, of course not. Nobody sets out to write an unoriginal script. But it is my belief that we are often not hard enough on our ideas in the first place. So put your idea through the ringer. Be tough on it and spend your writing time wisely.

Julie Gray is the director of The Script Department, author of “Just Effing Entertain Me” (named one of the top 50 blogs for filmmakers by MovieMaker Magazine)

To learn more about Julie, go to: http://www.thescriptdepartment.com/

1) A FANTASTIC NEW WAY TO LOOK AT PITCHING

If we view pitching as convincing and coercing someone, how can we possibly relax, enjoy, feel comfortable and confident while we’re pitching?  I promise you that when you were 5 years old you had absolutely no problems pitching.  If you got a new Barbie doll or bright red dump truck for Christmas you couldn’t wait to call your friends and have them come over and play.  You were brilliant enrollers!  There was no convincing or manipulating.  You were having fun and wanted others to have fun with you.  It’s no different now!  What if pitching is simply a conversation that enrolls someone into playing with you……enrolls someone into your vision in such a way that they want to play.  That’s all pitching is.  Easy and natural!

2) THEY NEED YOU

While teaching the Flash Forward workshop years ago, Heidi Wall and I spent an entire morning on pitching and one of the things we always stressed was the fact that “they need you”.  We called it the “Golden Rule” of pitching.  We often forget that and it’s why we get so nervous and crazy when it comes to pitching ourselves or our projects.  We forget that they need us.  Your script could help win that producer an Oscar!  Your music could win them a BAFTA!  Your acting performance could win them a Golden Globe!  THEY NEED YOU!

3) PREPARATION

Research who you are going to be pitching to.  These days that is easy.  The internet tells us everything.  Or call the assistant and get more information if you need to, but do your research.  Find out about the person, the company, their credits, what they are working on, their interests.   Also, research the other projects that have been done that are similar to yours.  So many people don’t do it and yet it will make a gigantic difference to your pitch.  Then take some time to rehearse.  I don’t care if it’s in the mirror or in front of your dog, just do it!  When you get on the phone or in front of the person to do the pitch, please tell them the purpose of the call/meeting.  They no doubt have had another 50 meetings in the two weeks since you booked yours and they have completely forgotten.  Remind them of the purpose and once you’ve accomplished your purpose, end the meeting!  Don’t oversell.

4) CREATE A RELATIONSHIP

My personal favorite tip is Relationship and it’s probably the most important and most certainly the one that everyone forgets to do.  In fact, it makes me crazy when people in the industry just approach me and say, “I’ve heard you’re a producer”, “here’s my acting demo, or composer demo, DP demo, or screenplay”, etc.  Absolutely no relationship is present at all.  People tend to jump right into their pitch and yet it is so important to create relationship first.  I’m not saying you have to tell your life story, but it’s essential to form a foundation of relationship before you launch into your pitch.  Acknowledging the person, mentioning a referral, a common interest, your personal relationship to the material for example… all great ways to start.  During a class a writer was pitching his project to everyone.  He was not doing a great job and putting everyone to sleep. When I asked him why he wanted to write this particular script he just lit up and told us that he had studied a rare martial art specializing in infiltration, espionage and assassination since he was 5!  It was clearly something he was passionate about.  Immediately the room was alive and listening to him on the edge of their seats.  That personal share took less than a minute but it created a whole new listening for his story.

5) HOW ARE YOU OCCURRING?

You will hate this one, I certainly do, but it’s important.  How do you show up for people.  Most of the time we rarely have any idea of how we occur.  It’s a painful exercise but I suggest you ask 5 people (who will be honest with you) how you occur.  Even if you have a great script or a great demo reel I still have to work with YOU.   Who  you are as a person makes a different to me (and everyone).  Are you easy to work with and great to be around.  Life is short and I only want to work with people I like.  For the most part we are absolutely unconscious as to how we occur.  Find out.  Do the exercise

6) KILLER LOGLINE

I’m reading Blake Snyder’s amazing book “Save the Cat” at the moment and he says “a logline is like the cover of a book; a good one makes you want to open it, right now, to find out what’s inside”.   A logline is a one or two line statement of what your pitching… clear, concise, compelling.  If you have a script or specific project, I want to know what it’s about in a nutshell before I hear the whole story.  If I like the concept, I’ll want to hear more.  Be sure to mention the genre and make certain that the protagonist and the theme is clear as well.  Use vivid, colorful specific adjectives and characters.  Take time to create a killer logline and run it by 10 people to get their opinion.  It is 80% of the sale, so it’s worth the time.  If you are a composer, director, actor or anyone selling a service you need a bold statement that distinguishes you… that differentiates you from all the others.  You are the product.  What is your ad line?  What is your unique stamp?  Your particular type?  Your specialty?

7) STORY

If I like the logline I want to hear more.  If you’re pitching a project, divide the story into three acts… beginning, middle and end, and keep it short.  I taught pitching workshops at the Leaning Annex for years and I would have everyone practice doing a 2 to 3 minute pitch of the story.  Of course you can always go into more detail later, but give the person the logline and the shorter pitch first.  If you’re pitching your service, what you’re selling is you… the “story” is your story, background, anecdotes all focused on making the most powerful case possible that you are the right one for the job.  No matter if you are pitching you or your project one great exercise to do is come up with a list of 10 or 20 highlights, accomplishments, crowning moments of your career and personal life experiences.  That way you will have those highlights available to weave into your pitch.  NOTE: When you are pitching, please remember that there is someone else in the room with you.  Be present!

ACTION PLAN

What happens next?  Get a clear plan of action in place before you end the conversation.  Have it be something you can generate and control.  “May I call you next Thursday to get your response to my script?”  The key is to keep the ball in your court.  Don’t be waiting for them to call you.  This is where we get lazy, or nervous or scared.  I don’t know what it is, but we give our power away here and this is where you need to keep the power in your hands.  It is a business.  You are making a specific request and it is the language of business.  I don’t care if you’re an actor, costume designer, composer, etc. you are the President and CEO of your company.  Wear the business hat, speak the language and take the appropriate actions.

9) FOLLOW UP

Here is where we get sloppy and yet this part is so important.  Call when you said you’d call.  Do what you said you’d do.  Keep the conversation alive!  Write a follow up note or email. Keep them apprised of your progress.  If you win a ‘best actor’ award, let them know.  If your script wins best screenplay, let them know.

10) GOLDEN RULE

One of Heidi’s favorite sayings…”You rarely lose by pitching badly, but you always lose by not pitching.”  Pick up the phone!  Set up the meeting!  Remember, Babe Ruth had 714 home runs but he had to strike out 1,330 times to get them.  Get up to bat.  Have fun.  You have something unique to offer and contribute… whether it’s yourself or your projects.  It’s a win win situation every time.  They need you, so get out there and PITCH!

“Life’s a Pitch…..and then they Buy”

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To learn more about Suzanne Lyons, please go to: http://www.suzannelyons.net/

‘Once’ found a huge worldwide audience, earning $20.7 Million at the box office, and received consistently enthusiastic reviews.  The film won the 2007 Independent Spirit Award for Best Foreign Film, an Oscar in 2008 for Best Original Song, and the soundtrack was nominated for a Grammy.  The film also screened at and received audience awards at both the Sundance Film Festival and the Dublin Film Festival.

When the film’s original financing fell out, the filmmakers went forward with a budget less than one-third the amount they’d planned.  Shot with a skeleton crew in 17 days, the director also put some of his own money toward the budget.  Using mostly natural light and friends’ apartments as locations, much of the cast were simply friends of the director and leads who’d never acted before.

After watching  the film, Steven Spielberg was quoted as saying:  “A little movie called Once gave me enough inspiration to last the rest of the year”.

Not bad for a bunch of folks who’d never been on a set, never written, acted in, directed or produced a film !

What’s possible today for all of us ?  Whatever we decide !

Check out their Oscar acceptance moment (John Travolta announced and presented their award)… but don’t stop watching til the video is over !  When they bring Marketa Irglova back on stage, she talks about independent artists (“no matter how far out your dreams are, it’s possible… fair play to those who dare to dream and don’t give up”.

http://www.foxsearchlight.com/once/

Watch the film’s trailer…

Click here to view the embedded video.

DON’T GIVE UP !  NEVER QUIT ON YOUR DREAMS !

There are endless examples of people doing amazing things without waiting for permission, without tons of experience, without huge resources.

We know you can do it too, encourage you to take matters into your own hands, and take one enormous, meaningful step closer to transforming your dreams into very real results.

Witness our films picks !

These filmmakers and projects are proof positive you too can make it happen for yourself.

SIGNS

This 12-minute short won the Fourth Annual Short Film Online Competition at the 2008 Cannes International Film Festival !

A simple film, but really fabulous, “Signs” is a ‘must watch’ !

Relying on visuals rather than dialogue or conversation, the filmmakers convey real and powerful emotions about two people working in office towers who communicate by holding signs up to their windows… and finding love when you least expect it.

With utter simplicity, including a great soundtrack, Patrick Hughes created a winner at the most prestigious film festival in the world.

The film’s tagline:
Where do you find love ?
If we knew, we would all know where to look.
Sometimes all you need is a sign.

Let us know if you enjoy watching this sweet film, and if you think you could contribute your talents, whatever they may be, to create a short film like ‘Signs’…

Watch the film…

Click here to view the embedded video.