Non Signatory Agents

Q. You were saying that any "agent" that is not WGA signatory can't help you and that they may hurt you.

Can you tell me how is it that they can hurt you?

First of all, an agent who isn't signatory with the Guild is likely an agent no one in showbiz has ever heard of. That means producers are likely to be uninterested in reading material from them.

Second, the WGA has a slew of rules about what agents can and can't do, like charge for coverage. (The State of California has other rules about what agents can and can't do, like produce.) If this non-WGA agent isn't willing to sign with the Guild, then I have to wonder: exactly what is it they want to do to you that the Guild agreement wouldn't let them do?

Register

Q. Should I copyright my spec with the US Library of Congress, or register it with the WGA?

There is no reason to register or copyright a spec episode. You don't own the underlying rights. No one would steal your spec 30 ROCK from you because they can't sell it.

They could, I suppose, pretend they wrote it, but I've never heard of something like that happening.

It wouldn't hurt to copyright your spec pilot, but bear in mind that there are not so many legit places to send a spec pilot, and your agent is likely going to send your spec to most of them. So if someone stole your spec pilot, they would likely be sending it to the same exact people, who will then say, "WTF are you sending me someone else's script for?"

If you don't have an agent, then you're probably sending your spec to agents in order to get an agent. Agents don't steal ideas, they represent writers with ideas.

And you can't really send a spec pilot to production companies without an agent. It's possible, though very difficult, to break into features without an agent. But I am not sure it is at all plausible to break into TV without an agent.

So bottom line, copyright your script with the Library of Congress if it makes you feel better. You can even do it online, I believe. But for tv scripts, it's probably not necessary.

Manager?

A young writer friend of mine has someone who's offering to manage him. She wants a 2 year contract. Various friends of his (including lit managers) are shocked by that -- they don't sign contracts with their clients. I find this very odd. I can't imagine a manager not wanting a contract. How else do you ensure you get paid when your client breaks in?

The only odd thing about the contract to my mind was that there was no escape clause if he doesn't get a bona fide offer over a period of 4 months.

Anyone want to comment?

Tell Her You Love Her Too

Q. I sent my script out to a bunch of agencies ten days ago. Now, after meeting me, one wants to represent me. What about the other agencies? Should I tell the first agent I'm waiting to hear from the other agents? This agent ad the other are all legit agents, though one I'm waiting to hear from is a bigshot.

One of the rarest things to have in Hollywood is a champion. And almost nothing gets done without one. Projects don't get set up without a champion, and writers don't get jobs without champions.

Your agent is your personal champion.

And what that means is, the most important thing in choosing an agent is her enthusiasm for you. If I had to reduce it to a formula, I'd say the value of your agent is enthusiasm x enthusiasm x clout.

You have someone who read your script inside ten days, which is fast, met you right away, and offered to represent you. That's enthusiasm.

Here's the surprising thing: agents are people with feelings. You think they're cold-hearted professionals? That's a role they play when negotiating for you. But agents are people who feel about their relationships with their clients the way you feel about your stories, the way a tightrope walker feels about being on the wire: it's what they get up in the morning for. At least, the ones who are any good.

And it's easy to kill their enthusiasm. If you tell this agent you're waiting to hear from the others, what she's going to hear is that you're just not that into her, but she'll do in a pinch. She's going to feel rejected. Maybe even hurt. And there goes the enthusiasm. She might, conceivably, still rep you? But her heart won't be in it.

I know it's hard to tell other people "no" before they've said anything, especially Mr. Bigshot. But Mr. Bigshot hasn't read your script yet, and didn't call you to meet.

And, actually, your stock will go up with all those other agents. Even Mr. Bigshot. Call and thank them, of course. Next time, maybe they'll read your script faster.

I think as much as possible, you go with the enthusiasm.

So-- congratulations! You've got a champion.

UPDATE:

DMc responds in the comments:

.You're mostly right here, Alex. But a couple of caveats. You never go into enthusiasm blind. Your research should be done first. Due diligence should not be considered an insult; if it is then that should be a red flag.

If I was the person in question, I'd signal genuine thanks for the enthusiasm, say that you had set a couple meetings already and will let them know in a few days when you've followed through.

Take your swing at others for contrast but don't keep that person on the hook. Let them know you will get back to them in, say, 5 days once you've fulfilled your other responsibilities.

Part of that relationship is being able to commit to that person fully because you know they're the best for you. To do that one must erase doubt. Asking for a few days to do that is an investment in your future relationship, and if they didn't see it that way, I'd be concerned about how the business relationship would progress.

Well, that's the conundrum. In principle, sure, get back to them in 5 days. But in my experience, that's risky. A director friend of mine did that with an agency, and lost the agency. The agents' feeling was basically, "Don't ask me out on a date if you're not sure you want to sleep with me." Which is unreasonable, sure, and even in dating you ought to be allowed a few dates before you fall into bed. But in real life, there's a risk to tell a girl who's hot for you, "I'm not sure I want to go out with you yet, I'm dating some other girls and they might be better." Your girl who's hot for you may just dump you, and your early doubts will always be part of the relationship and make her doubt your commitment to it. All my best relationships started with fireworks.

So sure, I think you can delay on the grounds of you want to get to know them better first. But I don't think you can on the basis of you're checking out other agencies. I think that will kill the buzz.

Basically, I think you have to do the due diligence before you send in your material. Make sure any agency you're applying to is an agency you'd want to get with. And then if they're interested, have a meeting or two and ask questions. Feel free to go back and ask for another meeting, to get to know them better. Or lunch. Lunch is always good. But no, DMc, I'd be very careful about asking for 5 days. I'd ask for lunch, but not 5 days.

Note also that I'm talking about enthusiasm. If they're not jumping all over themselves to sign you -- if their "yes" is qualified -- you are entitled to be equally cautious.

Go Guild or not Go Guild?

Q. Does the Canadian writers guild require a writer to get something more than the purchase of rights to a screenplay? It looks like I'm on the verge of selling a script to a Canadian studio, and I'd like to know if I'll be getting a percentage of the budget, a percentage of box office receipts, etc... something more than just the purchase price of the script.

Yes. The WGC Independent Producer Agreement (IPA) requires that writers be paid a Production Fee, payable on production of the movie, of about 2.5% or so of the movie's budget. On a $10,000,000, it's $230,000, minus whatever else you've been paid so far. Also, you get a distribution royalty.

Are you a member of the WGC?

Q. I'm actually not a member of the Guild, although my script is registered there. Do I need to be an actual member of the guild in order to get the production fee?

Er, yes. Registering a script can be used as evidence that you wrote a script, but it doesn't entitle you to WGC minimums. (Copyrighting a script is much better than registering one, but that's another post.)

If a producer is signatory to the IPA, then you must get a WGC contract, and you are entitled to join the WGC. You can choose not to join the WGC on your first contract, but c'mon, don't be a putz. The WGC also protects writers' credits, and will talk to producers for you if the producer is not abiding by their agreement. That's handy since you don't want to sue producers if you can avoid it.

You can always try to negotiate WGC minimums whether or not you are a member of the Guild; just put the same payments in your contract. But producers will rarely give them to you when they don't have to.

The executive producer (who is also my agent) is in the States, but the studio who's financing the movie is in Canada.

Uh oh. Your producer is your agent? That's not good. That's a clear conflict of interest. Who's negotiating your deal with your producer? Your producer?

Under California law, an agent can't be a producer, for just this reason. (A manager can be a producer, but the law requires that your deal be negotiated by an agent or lawyer.)

Would you recommend I become a member of the Writers Guild of Canada in order to get the most money I can out of this deal? Or would that matter a whole lot?

I can tell you of at least one screenplay deal I signed, long ago before I joined the Guild, where I wound up having to accept $15,000 instead of $50,000 because I wasn't Guild yet.

I only know one busy writer who's not Guild. He's always doing low-pay gigs for overseas producers. I can see that he's concerned that he'll lose out on some gigs if he went Guild. And maybe he would. But I think he'd get at least as much money overall, and that would mean he could spend more time on fewer gigs and take more time with each screenplay. I think he'd be a better writer, and possibly a richer writer, if he went Guild.

So yeah, I recommend going Guild if you can. Also, get a real agent.

(Full disclosure: I'm the Quebec Delegate to the WGC National Forum, so I won't pretend to be neutral. But if I didn't fervently believe in the WGC, I wouldn't have run for the job.)

He's My Agent (slap!) He's My Producer! (slap!) He's My Agent!

Q. I've been contacted by an agent in Agoura Hills in response to a script query letter that I sent and I'm pleased as usual, but this is the first time an agent has responded with a 2-year exclusive producer agreement instead of the standard submission release form. This agent operates as a producer and lit manager, but I don't know if contracts like this are industry standard. Do you have any experience with a situation like this? I'm still trying to break through, so I'm open to trying different avenues as long as I'm nit abused or cheated in the process.

First of all, Agoura Hills? Bzzzt. No.

There's some confusion of terms here. "Agent" is a job that is highly regulated by California law. Agents cannot produce. There would be too much conflict of interest. The producer's goal is to pay you as little as possible. The agent's goal is to get you paid as much as possible.

Moreover, a typical deal with a producer covers only one script. An agent is supposed to represent all your material, and also find you jobs.

Managers are unregulated, and can produce. There are major players who are manager/producers. However, if you are managed by, say, Echo Lake, you also have an agent, not at Echo Lake, who will be the person negotiating on your behalf. In fact, by law, technically, managers can't negotiate your deal, although practically, they discuss it a lot. You must be represented by an agent or a lawyer; your manager is only supposed to set up the deal.

Incidentally, if someone comes along claiming to be a producer, check out their credits on the IMDb. If they haven't produced a movie -- not Associate Produced, not Co-Produced -- then they're an aspiring producer. I tend to think there should only be one aspiring person in any one deal, if you want your picture to actually get made.

I don't think your first representative should be a producer. I would try to find a real agent first.

Key Man Clause?

Does anyone have a "key man" clause in their agency contract? I'd like to see one. Thx.

Mind Your Business

It's about time an agent wrote a screenwriting book. In her book MIND YOUR BUSINESS, veteran lit agent Michele Wallerstein gives you a perspective another writer won't. What is an agent looking for in a script? How do you score in a meeting? How do you handle your side of a negotiation? How can you tell when your agent isn't into you any more?

Many good writers put all their efforts into their scripts. But a brilliant writer can screw up his own career by what he does or doesn't do. Minding your business -- and agenting your agent -- is almost as important as your screenwriting craft.

When I was starting out, Ms. Wallerstein was one of the agents people recommended I contact. She really knows her stuff. Her book is a tad slim, with a lot of sample contracts, but it's worth a read. Check it out.

A Herd of Horses, a Gaggle of Geese, a Haggle of Agents

Q. Can a writer have more than one agent? For instance, one agent that specializes in children's programming and another who does comedy? Or an agent for a writing team and another who represents one of the writers solo?

No. Agents rep all your writing endeavors. It would be too confusing to rep you for kids and not comedy. Where's the dividing line? What if they work hard to get you a kids job and you turn it down for a comedy?

Bigger distinctions are possible. I have lit agents, but I also have a nonfiction book agent. For a bit there I had a fiction book agent. A dear friend of mine has an acting agent, a standup comedy agent, and a literary agent.

Geographical divisions can work. Sometimes you can get a US agent to rep you in the US and a Canadian agent to rep you in Canada. I have agents in Montreal and Toronto. Québec is its own market. Most of the producers here are French Canadian, and only a Québec agent can speak the language, in both the literal and metaphorical sense. On the other hand a Québec agent can't completely cover you in Québec because English language TV shows tend to staff out of Toronto regardless where they shoot. And a Québec agent really can't cover you outside Québec. So I need both.

Likewise US agents will always claim that they can cover you in Canada, but this is rarely true. Alpern Agency manages this but they have people in both countries. I have a friend who ditched her US agent because she missed out on jobs he didn't know about.

As in the US where some people have an agent and a manager, having multiple reps costs more. You usually wind up having to pay more commission so everyone gets paid. But if your second agent gets you even one job, they've paid for themselves. So if the situation warrants it, it's worth it.

A Reader Gets His Agent

Friend of the blog Trevor Finn writes about how he just got an agent:

I figured the best way I can get an agent or a job is by becoming as good a writer as I could, and really all that meant was writing lots of spec scripts. So I did. And then I re-wrote and re-wrote and re-wrote and eventually some of those scripts were half decent. One of my friends read them (who also happens to be a screenwriter - this is why networking is key), and told Perry about me, and I was told to drop my scripts off at OAZ. And that's it. I didn't even send a query.

What Trevor stopped doing: entering writing competitions and sending endless rounds of queries.

Congratulations, Trevor!

Trying to Get An Agent to Read You

Q. I queried Madhouse Entertainment (a management company) with my pilot premise, and they're interested in reading the script. However, they want me to sign a "release form," which basically waives my rights to the script so they could actually take my idea. I got a bad feeling about it (especially since my bible-format has already gotten me to episode three, and nine more to follow).

So, I decided I'd wait until June to query the big shot agencies. I actually contacted assistants at ICM, UTA, and William Morris about whom I should address my query letter to. They said they only take writers with industry referrals (what the hell, right?). You recommend in your book these are among the ones to contact. What's up with these agencies? Is this the way it's always been? Do you know the names of agencies off the top of your head that actually take unsolicited TV scripts?

First of all, sign the goddamn release. Yes, the language of just about every release form is unconscionable. The CBC release form states that if they somehow happen to develop a show that is word for word identical to your show, there's nothing you can do. It's an outrage, and the Writers Guilds should do something about it. Until then, that's how it's done.

The good news is that agencies and management companies are not in the business of stealing ideas. (Just clients. But that doesn't hurt you.) Even production companies and studios and networks almost never do it; why steal an idea from a newbie when you can option it for chump change?

Anyway, they won't read you without a release, so grab your lube and relax and think of England.

You ought to be able to scrape up an "industry referral"; isn't that just any producer? But it's going to be hard to get in at the top agencies without credits. It is screamingly unlikely they'll rep you even if they like your script. Those agencies are not in the business of breaking baby writers. They're in the business of stealing clients from smaller agencies, and selling them to networks.

The WGA has a list on their website of agencies that take "unsolicited" scripts; you'll do better with them.

Good luck!

Your Agent Just Isn't That Into You

Q. Right before Thanksgiving, AGENT sent out my feature comedy to about 10 companies. After Thanksgiving, he called me about something else, and while I was on the phone with him, said:

AGENT: And you know that EXECUTIVE at WELL-KNOWN COMPANY wants to meet with you, right?
ME: No.
AGENT: I sent you an email about it. Didn't I?
ME: Let me check ... No.

He then said that EXECUTIVE wanted to meet with me, but not until January, as the holidays were nearly upon us.

In January, I left a message on AGENT's office machine to ask, "Wasn't I supposed to be having a meeting with EXECUTIVE this month?" Three weeks later, he hasn't called back.

1. Is this normal AGENT behavior? Wouldn't it would be in HIS best interest to at least make a call to EXECUTIVE and get me into her office?

2. You say don't nag, so I have not called him again about this; I'm just writing another spec so I have some good news to tell him soon (i.e., "I have a spec for you to read!"). But should I maybe call him again, this time perhaps on his cell? Did this just slip under his radar because I'm not a huge priority, indicating that a reminder is in order?

3. Is it appropriate to call EXECUTIVE and say: "I'm the writer of COMEDY SPEC YOU READ. I heard you wanted to meet"

When I say "don't nag," I don't mean "don't call more than once." I think you can legitimately call once a week, and maybe send an email too if your calls aren't being returned.

But it sounds to me like your agent may have lost his enthusiasm for you. Remember, the value of an agent is "enthusiasm x enthusiasm x clout," so when the enthusiasm is gone, an agent is just short of worthless.

("Just short of" because it's always better to have an agent than not to. You can still use the agent's assistant to send scripts to people you've had meetings with, and you have someone to negotiate deals you've got on your own.)

Time to start looking for a new agent. My feeling is not to tell your old agent -- that will reduce his enthusiasm to zero -- but start finding someone who cares. At the same time, put a couple more phone calls into your agent to see if he's really fallen out of love with you, or if you just slipped through the cracks.

I think you can probably call the exec. You can truthfully say to the exec's assistant that "my agent said she wanted to talk to me after January, here I am." It's stepping on your agent's toes a bit, but it doesn't sound like he's paying attention, does it?

It always sucks when your agent falls out of love with you. And they almost never tell you, they just stop returning your calls. I think I've been fired as a client only once, by my first agents. I fired all the others.

You may not be able to get a new agent in time for staffing season, which is already on the horizon. Fortunately you are already pursuing plan B, which is write a kickass new spec that will make your agent love you all over again.

Always work your career. That gives you good, fresh reasons to call. Arrange your own meetings, and get your agent to follow up with materials. Your job is to help your agent sell you.

I'm going in to meet an agent. What should I say?

Just go in and be charming and funny and smart.

But also be businesslike. You want her to know that you're working your career, not just stumbling through it.

Be ready to pitch whatever you just wrote, whatever you are writing now, and what you'd like to write.

Ask businesslike questions, e.g.

a. If you rep me, where would you see pitching me / sending me?
b. What do you see as my strengths and weaknesses?
c. What should I work on next? Should I write another spec? Or a spec pilot? What shows should I spec?
d. Tell me about your agency. How many writers do you rep at my level?

Write down the answers. You might want to remind her later on if she forgets any of the people she thought of. It's always a good idea to follow up with agents. They have to keep a lot in their heads, and they have many clients, so the client who helps them organize their work will get more work done for him.

Agencies will often have feature people and TV people. If you write both, make sure you're talking to both.

You don't have to like your agent personally, though it's always a plus (and my agents are both adorable). If you're a quiet, unassuming person, you probably won't like an agent who's arrogant and full of hustle and spin. But that might be a good agent for you.

My rule of thumb in evaluating agents is enthusiasm x enthusiasm x clout. Clout is their ability to get people to read and see you. Enthusiasm speaks for itself. Agents can blow a lot of smoke, though, so make sure there's actual fire.

And be enthusiastic yourself. Agents are human. They want to feel you appreciate them. And agent who doesn't feel appreciated is unlikely to work her hardest for you, even if she's seeing nice commissions. Make clear that you consider the relationship to be a two-way street: if you can reward your agent, whether with goodies or by directing good clients to them, or just by remembering to thank them, you'll deserve better treatment, and get it.

Can Agents Send Your Script to People They Don't Know?

Q. Am I limited to sending scripts to people my agent knows, or can I target anyone?

This is a conversation to have with your agent. Generally, though, agents love it when you scare up people who want to read your material. I often tell my agent, "please send such and such script to Mr. So and So, whom I just had coffee with."

You can also ask your agent to go after people that neither you nor they know, but they'll have to decide if that's a good use of their time.

Q. Are some showrunners pickier than others in terms of what agency they will accept submissions from?

Showrunners have agents they know and trust, agents they know and don't trust, and agents they don't really know. They might take submissions from lots of agents, but they're much more likely to read a script, and hire a writer, coming from an agent they trust. It's a people business.

And everybody's at a level. A bigshot showrunner is likely to have relationships with bigshot agents. A new showrunner might not have so many relationships with agents, and therefore might be open to scripts from agents he doesn't know.

This is all why enthusiasm is so important. (Value of an agent = enthusiasm x enthusiasm x clout.) If your agent feels passionately about your material and you, she'll work harder to get your scripts to people she doesn't know well, and she'll put her reputation on the line to sell you to them. If an agent I don't know says, "This guy is amazing, I promise, read him," then I'll probably read the script anyway. But if the script isn't impressive, then I won't take that agent seriously ever again.

John Rogers recently pointed out that showbiz runs on whuffie. Reputation is the commodity that gets you read and hired. When you're starting out, your agent lends you her reputation hoping to reap financial dividends. Your agent's reputation consists of a portfolio of her own personality and shares in the reputations of all her clients. What you do reflects on her; what she does reflects on you. So do your best to earn your whuffie; and spend it wisely.

Feed the Hungry

Q. In CRAFTY TV WRITING, you write:

"All agencies have junior agents who are looking for hot new talent. The trick is finding out who they are, and making sure you don’t sound clueless when you talk to them or their assistant."

Please tell us how to find them and not sound stupid!

It's tricky, but what I would do is find one of the senior agents, and talk to his or her assistant. The top agents have very knowledgeable assistants who will be able to tell you who the hungry young agents are in their agency.

You find out who the senior agents are by checking the Hollywood Creative Directory Online; they're usually listed first. Or, the really big agents will appear in VARIETY and THE HOLLYWOOD REPORTER associated with big spec sales or as having negotiated big deals for their talent. Or, you could call the WGA, ask for "representation," and ask who reps a couple of big-deal writers; they'll give you the name and the phone number of the agent.

The key is to talk to people who are near, but not on, your target. The receptionist is your enemy -- her job is to keep the aspiring and emerging from transgressing the gate. But the top assistants know everything, and don't mind a chance to show it, so long as (a) you're not trying to actually talk to their boss and (b) you're not asking them to read anything.

Anyone else have a good idea for how to find out the hungry young agents?

Do Writers Get Typecast?

Q. An agent is now going to be representing a script of mine, and therefore, in some fashion, me.

1. AGENT is not a fan of going out wide to 40 companies at once, because he thinks all the development execs will just post their thoughts on the script to the hive mind bulletin boards. I get the impression he's been burnt by this before. He prefers to try to identify, through conversation and relationship, the 12ish companies who would be the best fit for the script. Is this normal/a good idea, in your opinion?

I don't buy the argument about bulletin boards. They're going to make comments about your script on the trackers whether you go out to 12 or 40. But he may feel that the script has niche appeal of some sort, and therefore he's picking the 12 most likely prodcos.

He's the expert, and in any case you have to rely on his expertise.

2. I ran a couple ideas by AGENT as to what my next script should be.

Good on you!

He didn't take to them, so they probably aren't commercial enough to bother with for now. But CURRENT SPEC is a broad comedy, so he wants me to write another comedy. This way, when I get meetings based on CURRENT SPEC, I have something similar to pitch. How do I go along with this plan (which seems smart) without getting pigeonholed as a comedy writer? I was thinking of writing a comedy hybrid as a means of transiting to other genres.

I don't think writers get pigeonholed the way actors do. You could sell 5 comedy scripts and then come out with a drama. If it's a good drama, it will sell. A comedy actor may have trouble convincing people he can play drama. But a comedy writer can simply write a drama, and there's your proof that he's capable of it. The proof is in the writing.

If you have a rep as a one flavor of writer, you might have a little trouble getting commissioned to write something out of your perceived drama, but all that means is you'll have to spec something in the other genre first.

I might have been seen for a time as a comedy writer because of BON COP BAD COP and NAKED JOSH. But currently I'm working on a metaphysical drama for pay cable. So as the pilot for that circulates, or word of it does, I've been getting more spec fiction offers.

Frankly, it wouldn't kill you to be typecast in the beginning. You're more likely to get comedy gigs if you're seen as a comedy writer. Whereas if you have an action script, a horror movie, a comedy and a drama, they may not know what to make of you and they may not put you on any lists.

Don't be one of these comedy people who feels they're not a success unless they can make the audience cry. Writing great comedy is just as hard as, if not harder than, writing great drama. And the audience is always dying for something to laugh at.

I would say, write the funniest comedy you possibly can.

3. I have a book adaptation and an indie drama in my arsenal. Neither are commercial, but might be good writing samples for possible future gigs. AGENT has not expressed any interest in other existing works I might have. Maybe he thinks I would have told him by now. Should I?

What are you, a teenage girl at a sock hop in the 1950's? Of course you should pitch him your other material.

If he reads your other stuff and doesn't like it, then it probably isn't commercial. Maybe best to write some more scripts, and get back to your old projects later. You probably will see what's wrong with them. You can fix them, if you have the time, or consider that a lesson.

If he doesn't offer to read your other material, or offers but doesn't actually read it, then you have a bit of a problem. You need an agent to rep you, not just a script. If this script sells, then he probably will get more enthused about your other material. If he doesn't, then you might consider quietly searching for a permanent agent, while continuing to work with him. (Never leave an agent until you have another agent lined up.)

Overseas Agents

Q. I am a US citizen living in Sydney, Australia for the next two years I am hoping to land an Australian agent, but would it be wise to get an American agent as well? And if it is possible, how would I go about doing it?

You get a US agent the same way you always do, by sending in samples. Get a Gmail account, and no one really has to know where in the world you are until they want you to come in for a meeting.

(I know a rather successful agent who spent a whole LA heat wave in Aspen with calls forwarded to his cell phone. He would check the LA weather report every day so he could commiserate with people about how hot it was.)

I'm not sure how productive a US agent would be, though. They'll want to send you on meetings, and you're not available. They can't staff you on TV shows, obviously. They could sell your spec feature script, but they'll be disinclined to do that work if there's no additional upside by getting you rewrite jobs.

I haven't pushed to get a US agent because I wouldn't be able to hold up my end of the relationship very well. I'm not going to be there for staffing season. I'm not available for meetings in LA. And I'm too busy to prepare a "take" on a potential rewrite.

(I actually am talking to a couple of agencies here at TIFF, primarily to sell my US-flavored specs, and on the off chance someone does want me to do a rewrite without meeting me. But I might be a bit more of a known quantity than you.)

So, while it is possible to have dual representation, I think you're better off working the Australian angle for now, until you have built up your craft and your credits and your portfolio of specs. Then when you actually plan to come to LA, you can hit the ground running.

Agents Are Not Producers

Had a bit of back and forth about agents in a the comments to a recent post:

Why should anyone do a free rewrite for an agent that hasn't agreed to represent you if you aren't supposed to do them for producers or anyone else?

I think this is seriously wrongheaded.

Agents are on your side. If an agent is interested, that means he is interested in helping you make money.

An agent only gets paid when you get paid. This is the polar opposite of the financial relationship you have with a producer. Every dollar you get paid, your producer doesn't have any more. So they want to pay you as little as possible. Your agent wants you to get paid as much as possible.

But they can't do that till your script is salable. If they give you notes, they are giving you the benefit of their commercial judgment. They might be wrong, but on the other hand, they are trying day in and day out to sell scripts. So their commercial judgment is probably a hell of a lot better than yours.

And notes are not free to the agent. If he's doing notes on your script, he's not making calls on behalf of his clients. It takes time to read a script, time to consider the script, and time to communicate the notes. I used to charge a lot of money to give notes; now I don't have time to do it at all.

From an agent's perspective, if you're not willing to do the notes, you're either lazy, or arrogant, or just plain dumb. Any of those is a dealbreaker for repping a beginning writer (and neither is a plus for an established writer).

Now, you may disagree with the notes. If you think they're dumb notes, then you might feel the agent doesn't "get" your writing. You might be right, if you are brilliant and offbeat, and the agent is a sloppy reader, or not very imaginative, or stupid.

The odds are, however, that your agent is more attuned to the market. Unless you are Joel the Reader, your agent has read more scripts than you have, and tried to sell them. The odds are that you are not as brilliant as you think you are. (Lots of aspiring writers have extremely high opinions of their own work; I sure did.) The agent's notes will make your script more commercial. Not necessarily "better" in some literary sense; a good agent is primarily concerned with whether they can sell the script, not whether your script achieves your artistic goals.

I have a section in my first book about how to evaluate an agent. It boils down to: how ritzy is their setup? If they're answering their own phone, they're not making a lot of money. If you have to go through a receptionist and then an assistant, then they are supporting that receptionist and assistant and themselves on 10% of their clients' income. So they probably do their job fairly well.

I think that an agent who gives you notes is a caring, dedicated agent who helps his clients develop their material. That is better than an agent who just throws your stuff out there willy nilly and sees if someone grabs it. An agent who gives you notes is working for you on all levels. If he gives you notes before taking you on, he is investing his time and knowledge in you already. That's the kind of agent you want!

Younglings

Q. I'm 19, living in England, studying English at University. The plan is to finish, then do a masters of some sort in screenwriting. From there, I'd LIKE to move to the lovely USA and start my screenwriting career. So, by that time I wouldn't be that young, but my question is basically - do agents and producers etc like the young folk? Do they see them as potential talent that they can shape to their liking? Or do they see them as inexperienced, with their heads in the clouds?

As I've mentioned a few times on this blog, I don't think anyone needs a masters in screenwriting, unless their goal is to teach screenwriting at a university. Working as an assistant at an agency for a year will teach you far, far more, and you'll actually get paid for it. (Underpaid, but that's better than paying for it!) I would urge anyone thinking about getting a degree to spend eighteen months in the biz. If you still think you need that degree (you won't), then you'll make much better use of your time in school, because you'll know exactly what you need to learn, instead of flailing around like the rest of the younglings.

I don't think Hollywood is that enamored of the young. There was that 30-year-old woman who pretended to be 19 and got a job on FELICITY. But she got hired because she had the skills of a 30-year-old writer, AND people thought she was nineteen. If people thought I was 22, they'd look at my writing and conclude I must be some kind of geeeenius. If you're nineteen with the skill set of your average nineteen-year-old, no one's going to cut you slack because you're appallingly young.

it's all about the writing. And the people skills. Both of which take time to craft and build.

Some people do start out young. Once you investigate their biography a bit, you discover that their parents are in the biz. They may be staffing their first show at 21. But they have been writing screenplays since they were 11.

There is also something to be said for going out and actually living. Some screenwriters have been lawyers. Some have been criminals. I knew a guy who'd been a cop. Do you think that gave him an edge writing LAW & ORDER? Having life experience enables you to write from real life, rather than stealing moments you saw on TV -- concocted stories which everyone else saw, too.

If my son were 19 and wanted to be a screenwriter, I would suggest he travel around the world for a year. I would suggest he get a job with the Peace Corps in Southeast Asia. I would suggest he start a company. I would suggest he join a political campaign.

I spent 3 years and change getting an MFA in filmmaking at UCLA, one of the top five film programs on the continent. (USC, AFI, NYU and the CFC if you're Canadian.) I learned more about lighting working as an apprentice electrician on two features. I learned more about screenwriting from being a producer's assistant, reading scripts. I got my first permanent showbiz job because of my French skills and my computer science degree. The first time my degree proved really, really useful was last year, when I made a short film.

To be a lawyer, you need to go to professional school. Going to school for screenwriting is a way to ease into the business. It is much less scary than trying to get a job in the biz, or outside of the biz, and just writing. But if you can't get yourself going without being assigned the work, you need to learn to self-motivate.

Come to LA by all means. But forget the degree. Get a job! You can cover up that crack in the wall with art.

An Agent Likes Your Script, Has Notes

Q. An agent liked a script of mine, and wants some changes. They're good notes, notes I was already planning to incorporate in some fashion into the next draft.

They asked me to try to have another draft by mid-September, and call them when it was done. I finished the draft in 10 days and called them back. They are reading it over the weekend and supposed to call me next week so I can come to their office and meet them.

Is this all pretty typical behavior, and also, what should I be concerned about when I do meet them? Am I trying to impress, and if so, how do I do that? Or is this just a pleasant sit-down preliminary to ... something? They've stated their intention of trying to sell it, but I can't tell if they're really going to be taking me on as a client or just shopping the script around for a while.

They'll tell you whether they want to rep you or just the script. In a big agency, an agent might "hip-pocket" you, which means you're repped only by the agent, not the agency, until the agent can get you a gig, which entitles her to walk your name into the Monday morning meeting as a worthy client. There isn't a big dividing line in a small agency. If all you have is one sellable script, that's all they're going to push either way; and either way, if you get an offer, why wouldn't they negotiate it for you and take 10%?

More importantly, either way, if they got decent responses on your first script ("we like the writing, we'd like to read the next thing this guy has"), you should always take your material to them first. In fact, before you write your next script, you should run the idea by them. They can tell you if it's something they can sell or not.

One flag in your email: you blitzed the rewrite. Wrong impulse. If they want your script by mid-September, take the time to make it as good as you possibly can. Turning it in early gets your nothing. If an agent likes your script, you should be busting your ass to take all their notes to heart, and then some. You know that flaw that you hope no one is noticing? Fix it, even if it means ripping up the first act. People tend not to fix things that ain't broke; but a good write realizes when something really is broken and needs fixing even though no one is saying anything about it. Now that you have interest, light a fire under yourself to turn in the best rewrite you can possibly manage.