Marvin V. Acuna

Question:
“I read an article in a small town newspaper and felt it would make a great movie. It was about a true story that occurred one weekend to some guys on a trip. It is the kind of story you might tell some friends at dinner. It is not a story the writer spent weeks researching. He heard the funny story and wrote about it.

“Also, it is the concept that I believe would make a good story. I do not plan to write the actual story that took place or claim that it is “based on a true story”. However, the basic premise would be the same. Do I need to buy the rights to this story’s premise from the newspaper or writer or people that experienced the event? Or all of them? Since I do not plan to write their actual story, do I need to buy any rights at all? At what point does writing about an event requiring buying the rights?”

Answer:
Basing your screenplay on true events, as reported in a newspaper or any other media outlet requires a careful analysis of what rights are held, and by whom.

First, the rights of the persons depicted in the story must be cleared. If the persons to whom the events occured, or anybody they know, will be able to identify them from the story told in your screenplay, you need their rights. In practice, when the story centers around one person, the producers of a film will obtain THAT person’s rights, and require them to assist in obtaining any other rights that the producers’ lawyers deem necessary. (the conservative position of most lawyers is to obtain rights from all involved)

Since you’re planning to use the events you read about as a mere jumping off point, you MIGHT get away without clearing the rights, but ultimately, you will have to indemnify the buyer/producer of any film based on your script against claims brought by those you’ve depicted…You’ll also have to disclose the fact that your story is (however loosely) based on real people when you make the sale of your script… So, you may as well secure their cooperation early.

If you’re using any material that was reported by the newspaper, and which might have been uncovered by the reporter’s investigation, etc., you will likely need to get a license from the publication and/or journalist. However, if the story you’re telling is coming directly from those who experienced the events, then you probably do not need a separate license.

So, when do you get the rights? Best practice is to do so before you begin writing. Otherwise, you risk laboring on the script in vain, if the rights holder refuses to grant you a license or permission to use the underlying material. Many writers ignore this, relying on the eventual buyer of the script to clear the rights. Doing this, however, risks embarrassment if that buyer is unable to clear those rights. (in which case the writer would probably have to refund any payments received, etc.) One approach might be to put together a treatment and “pitch” the project to producers with the resources to secure the rights, and to pay you to write the script.

As always, the best advice I can offer is that you consult a lawyer who can explore the full details of the situation, and give you some specifically tailored advice.

Thinking of producing it yourself? Subscribe to the FREE e-course “6 Ways to Finance a Feature Film” by visiting http://firemark.com/minicourse.

Have a legal question? Email them to: legalquestions@thebusinessofshowinstitute.com

The foregoing is intended as general information only and does not establish an attorney-client relationship with Mr. Firemark. This information is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. Neither Mr. Firemark nor The Business of Show Institute will be responsible for readers’ detrimental reliance upon the information appearing in this column.

About Gordon P. Firemark:
Gordon Firemark is an entertainment lawyer in Los Angeles. For almost 20 years, he’s helped creative and business people in the fields of film, television, theatre, music and new media achieve their professional and artistic goals. His practice focuses on negotiating and drafting entertainment contracts and business deals, film and theatre financing, corporate startups/operations, and intellectual property protection and licensing. Get more information at http://firemark.com/.

Part 4 of the screenwriter questions series continues.

For obvious reasons I will be unable to address every question still sitting in the queue, but I was compelled to offer my thoughts to the following which were chosen completely at random. Here we go:

Do you feel that winning a reputable contest gives a writer an edge towards getting a good agent or production?
Michael Martin, named as Variety’s Screenwriter to Watch in 2008, was living in Brooklyn, New York working as a flagger for the MTA. He placed second in a screenwriting competition. His submission, Brooklyn’s Finest made its way into the hands of producers who packaged the film with Richard Gere and Ethan Hawke. Directed by Antoine Fuqua it was released theatrically March of 2010. Jessica Bendinger, a BOSI expert contributor, is hosting an incredible opportunity for screenwriters at http://tinyurl.com/y8r7eyz. I strongly encourage you to participate.

My writing partner and I are just finishing our latest. And we have an assortment of folks we can take it to. Some are extremely well-placed, others not so much. What is proper etiquette and sound strategy? Do we give the most influential folks “exclusivity” for some period to see if there’s interest before moving down the list? Or do we “go wide” with everyone to improve our odds? I’m sure you appreciate the issues…even better than I do.
The spec market is so complex and ever changing. Timing, box-office results, elements, and studio mandates all play factors in how one chooses to introduce material to the market. I will say that affording anyone “exclusivity” can be effective if executed correctly. Paul Tamasy and Eric Johnson, the writers and producers of “The Fighter” starring Christian Bale, Mark Wahlberg, and Amy Adams — due in theatres this year — as well as “Job” starring Will Smith, and I will be discussing the nature of this beast. Members be sure to tune in as part of the Shortcuts to Success: Meeting with the Masters Series on Friday, March 26, 2010 at 10am PST.

Isn’t it better to be true to your own voice and write what you know in a genre you feel passionate about, than to concoct a story in a genre you dislike just to be considered saleable in today’s industry?
I wrote a piece that I feel sums up my feelings on this question (http://tinyurl.com/yzkobyd). Sony’s Senior EVP Sam Dickerman expressed his views on this subject as well. The video is archived in the member’s area.

“This is your last chance. After this, there is no turning back. You take the blue pill – the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill – you stay in Wonderland and I show you how deep the rabbit-hole goes.” Morpheus – “The Matrix”

If you’re looking for the magic pill, the secret ingredient, the elixir that will transform you into a superstar screenwriter, then here it is…

There IS no magic pill!

There IS no secret ingredient!

There IS no spoon!

The secret is that there IS no secret.

The single mental quality that separates successful screenwriters from those who fall by the wayside can be reduced down to one word:

And it’s not what you think. It’s not “ambition,” “connections,” or “talent.”

The word is… decision.

Successful screenwriters decide to become professionals before they actually achieve their desired success. They are already celebrated, respected, and wealthy screenwriters in their minds, before they become so in the real world.

And the most important thing is… they ACT accordingly. They work as if they were million dollar screenwriters who are in high demand.

Do you want to be a successful screenwriter? Then ACT like it!

Here’s an example of a million dollar habit that you can immediately apply into your life. In fact, this habit is so powerful, that it could quite literally be the “keys to the kingdom.” This is what every successful screenwriter does everyday, as a routine.

Ready? Here it is…

Successful screenwriters schedule time to write, everyday. It’s that simple.

Academy Award Winning Screenwriter, Oliver Stone once said that he placed a banner above his desk that simply read, “Ass plus chair equals script.”

My hope is that you have made the decision in your own mind to be a successful screenwriter.

Assuming you have then the following tips may assist you with scheduling time to write while you manage all the other aspects of your life.

• Make a Writing Plan – I believe the written word is powerful. It motivates and inspires people to take action. As a writer I have to believe you’d agree.
• Keep It Simple Silly – Your plan only needs to address three specific things: A) What? B) When? And C) How?
• Look at your Plan Everyday – Mine is written on a white wash board in my office.

A very simple plan may look like this:

• What – To complete a first draft
• When – By March 1^st
• How  – # Pages per mo/# pages per week/#scenes or pages per day

If you are so inspired to add more detail to your plan go for it, but the bottom line is this: The Great Wall of China was not built in a day.

I’d encourage you to focus on laying down one brick at a time every day and soon you will have a wall. I mean script!

Recently, I attended a festival and was invited to participate in a round table discussion with various screenwriters. It felt a tad like speed dating. Every so often a festival volunteer would ring a bell and I would be relocated to yet another table.

We were not provided with an agenda and I was given no advance notice as to the purpose of this encounter.

Among the sea of screenwriters that I met one asked a very KEY question “What is the key difference between a successful screenwriter and a screenwriter who is not successful?”

I’ll offer the same answer to you that I did to that particular table of screenwriters. Ready?

THE SUCCESSFUL SCREENWRITER RECOGNIZES IT’S BUSINESS.

In my humble opinion, there are three pillars to a successful screenwriting business. And make no mistake… this IS a business.

Pillar #1: The Craft

Outliers, written by Malcolm Gladwell (gladwell.com), notes the following:

“The idea that excellence at performing a complex task requires a critical minimum level of practice surfaces again and again in studies of expertise. In fact, researchers have settled on what they believe is the magic number for true expertise: ten thousand hours.”

I feel screenwriters Craig Mazin and Ted Elliott offer some valuable wisdom in their blog (Theartfulwriter.com)

“Let’s be clear. Writing is a skill. Talent is a huge part of it, but there’s also a practice part. A science part. A “read yer freakin’ Campbell” part of it. There’s hard work. Self-criticism. Structure. Vocabulary. A memory for movies. Grammar. Story analysis. Philosophy.”

To further simplify — a writer writes. There are tremendous benefits derived from consistently honing your craft. I’ll focus your attention on just three: A) Refine your voice; B) Isolate your strengths and weaknesses; and C) Create an inventory of material.

In a video presentation I heard sometime ago uber-successsful screenwriter John August (johnaugust.com) mentioned he had roughly 50 unproduced screenplays on his shelf.

How many do you have?

I attend numerous events in various parts of the country and abroad, sometimes as a student, but predominately as a speaker. Beyond the workshops, panels, and vendors peddling their wares, these events always host some type of planned social event. Be it the “welcome to”, the “gala opening”, the “gala closing”, the “meet and greets”, etc.. Different names, but same specific purpose: to network.

On the flight home from my most recent speaking engagement I considered the following:”Do screenwriters know how to effectively network at these events? Do they truly understand what effective networking actually is? Do they understand how it actually works? Because as I recalled my encounters with many of the screenwriters I had met at the event it certainly didn’t feel like they did.

According to Dictionary.com (http://tinyurl.com/loxgbq) the definition of “Networking” is: to cultivate people who can be helpful to one professionally, esp. in finding employment or moving to a higher position.

After reviewing the above definition, it made sense to me why most screenwriters I encounter at events are ineffective at networking. They misinterpret and misunderstand the definition thus becoming ineffective networkers. I know what you’re thinking. Click here: http://tinyurl.com/382×8a

Being an ineffective networker can stifle, stall, and/or prevent you from developing mutually valuable relationships.

Marvin, how do I know if I am an ineffective networker? Here’s how:

You’re an ineffective networker if…

You believe:
• That networking is about one thing and one thing only: getting your script and/or pitching your idea to everyone in the room.
• That you’re not there to make friends or to have fun.
• That it’s all about your own needs. There is certainly no interest in reciprocity.
• That casual conversation is a waste of your time therefore you simply jump into selling your script or an idea before the appetizer even arrives.
• That there is only one specific time and place for networking and it’s called “An easel sitting at the entrance of some ballroom with a sign that says so.”
• That it’s best to attend with friends/co-workers, but then sit and talk with them the entire time.

Marvin, the reason I’m networking in the first place is because I want to get something. I want to meet my ideal producer, agent, executive or manager and/or meet someone who can refer me to my ideal producer, agent, executive or manager. I want someone to buy my script!

Yes I know… I really do. Believe me I get it.

But don’t forget, your belief system is the key to effective networking.

In fact, it’s the MOST important aspect to understand.

Why not GIVE first?