A royalty is a payment made by one party (the "licensee"), which in this case would be a film studio such as Paramount or Universal, to another that owns a certain property (the "licensor") which in this case would be the writer who owns the screenplay, for the right to sustained use of the property in question. Royalties are usually agreed as a percentage of the gross or net income attained from the use of the property; or a fixed price per unit sold of the property.In basic terms a royalty payment type is the method of continuous payment for any use of the property in question.
Most professional screenwriters attain work through agents. An agent's job is to find work for the screenwriter. For example a film studio might contact a writer's agent with a proposal for the writer to produce a screenplay about x. The Agent will then approach his client (the writer) about the idea asking him whether he is interested in writing the script or not. Pay and other contractual issues such as dead lines will be discussed and if an agreement is made the job will go ahead. Alternatively the scriptwriter can produce a screenplay on his own and approach his agent to distribute it. The agent will then approach different film studios to see if they are interested in producing the screenplay into a film.
Producing a movie is obviously a very expensive process and so every day is vital. This is the same in regards to script writing. The production of a film is on an extremely tight schedule and so the writer must abide by certain deadlines set by the film studio and the executives. Different writers tackle this in different ways. Some like Suri Krishnamma have said they prefer to treat writing a script as a 9-5 job,as this gives them a cemented structure as to when they will work on the script.
However there are writers that prefer an approach that is structured differently.
Quentin Tarantino for example says he likes to write during the day until he has either finished the scene he is creating, or until he gets to a point in which he runs out of ideas on how to continue a scene. At this point he says he retreats to his pool and begins to develop ideas of how to continue. He then writes down notes of his ideas which turn into his work for the next day. An interview can be seen below in which he goes into further in detail whilst talking about his new film The Hateful Eight (Quentin Tarantino, 2015).
In short the way in which a writer paces himself/herself is largely down to personal preference and these two examples show case this. There will however there will always be deadlines they have to work to.
Legal issues
Copyright
As a writer there are legal and ethical issues you must be aware of. One of the most important is that of copyright law. If a script is copied or used without the copyright the owner of the original script can sue whoever has stolen, copied or used the script for large amounts of money. An example of this happening can be seen with film Jingle all the way (1996).
Plagiarism
The same can be said for plagiarism (The exact copying of a piece of work) which can also result in huge fines for companies if they are found liable. This took place with American TV show New Girl which airs on Fox. Two screen writers stated that they were responsible for creating the show which they had originally named "chapter one".
Bias
Bias is another legal issue that can result in law suits being filed against production companies. It often refers to when a film depicts a real life person, and if the person feels they are unfairly represented in the film it may lead to them filing a law suit for defamation of character.
Libel
Libel is similar to bias however is a direct statement rather than a purposeful misinterpretation. Often relating to a statement or declaration about an individual that is not true.
A recent example in which this may have occurred is with biopic Straight Out of Compton (2015, F. Gary Gray). Jerry Heller was NWA's manager, and was depicted in a negative way in the film and filed a $110m libel suit against the makers of the film.
Because the film was so successful this warranted the high amount claimed. This also shows the importance of representing real life people in a fair and truthful way. It may be the case film studios sometimes alter certain truths as to make the story fit in with common narratives, in this case the bad vs good narrative.
As seen committing any one of these can lead to huge financial loss for film companies, thus so it is vital that they avoid suits like this. However often these suits are settled behind closed doors and it is unlikely that the claimant will receive the money they are claiming.
Job Roles within the commissioning process.
Commissioning editors
Commissioning editors will be employed by film studios and there role is to seek out potential screenplays that might be produced into a film.
This occupation is a mid/senior-level post requiring suitable experience and ability.
Typical work activities
Commissioning editors are involved with a project at every stage. They are the key link between the initial proposal for a book or product and the published work.
To develop their publisher's list, commissioning editors research their field in order to learn about trends and gaps in the market. For this purpose, they attend book fairs;conduct internet research;draw up surveys to identify demand and attend conferences
Work activities may include developing a publisher's list of titles for a specific genres, managing the list in the current market as well as identifying future markets and new products and titles with commercial potential. It will also require researching developing market trends on a national and international level and identifying, developing and supporting projects and authors, meeting with other commissioning editors and senior editors to discuss new proposals, reading and evaluating book proposals and manuscripts offered by authors and agents, as well as assessing their suitability for the list. They will also be involved in negotiating contract terms with authors and agents; liaising with authors and reviewers throughout the production; maintaining a book-publishing programme and monitoring progress throughout the publication process; organising book launches and signings; working with administration, finance, budgets and strategy;providing data and contributing to marketing and sales activities; managing the 'back-list' of titles already published articles and making decisions on whether to reprint, revise, make a new edition or put out of print.
Producers
Producers have overall control of all aspects of a films production and are accountable for the overall success of a film. They are often involved in all phases of a production and are sometimes the first person to become involved with a project. In regards to screenplays they are normally the person who decides and chooses what screenplay will be made into a full film. They will also choose the screenwriter and the story editing team whilst securing any rights required to further the production. Perhaps most importantly they are responsible for attaining any funding necessary for the films production.
In pre-production, Producers are the ones who bring together the most important members of the team. This includes the Director, Cinematographer and Production Designer and key cast members. They also help the Executive Producers to raise money for the production. Once the initial finance is in place, they select other key production office personnel and Heads of Departments.
Producers also are responsible for approving locations, studio hire, the final shooting script, production schedule and budget. Spending more time and money on the pre-production can often save more money during the actual production.
Once the film is in production, Producers are responsible for the day-to-day smooth operation of the team. Producers will be in continuous communication and consultation with the Director and other key creatives, on and off set. Producers approve all script changes and cost reports which of course often affect the screenwriter. They are the first point of contact for all production partners, investors and distributors.
During post production, Producers are expected to liaise with the Director and post production department. The Producer will deal with the finance and distribution companies in planning the marketing and distribution of the finished film.
Director
The basic role of a Director is to be the driving creative force in a films production, visualising and defining the overall style and look of the film, and then executing it. They will also be included in other roles such as cast selection, script editing, shot composition, and choosing what shots to use in the editing process. They are also the key link between the production, technical and creative teams.
Directors are in charge of turning the film's script into visual images and sounds on the screen. They are responsible ultimately for the films commercial success and overall creative direction.
Directors may also write the screenplay as well as commission it, or may be employed after an 1st draft of a script has been made. They are then the person in charge of developing a vision for the finished film and devising a way in which to achieve it.
Whilst in pre-production, a director will make important creative decisions, such as choosing the cast, crew and locations for the film. A director will then direct rehearsals and the performances of the actors once the film is in production.
They will also have to manage the technical parts of filming including the camera, sound, lighting, design and special effects departments.
During post production, a director will work closely with the editors through the many technical processes of editing, to reach the final cut or version of the film.
At all stages, a director will be responsible for making sure all members of the production are motivation and that morale is high in order to produce the best final product possible . Directors must also always be aware of and maintain the constraints of the film's budget whilst managing the expectations of the film's financiers.
Script editors
A script editors main roles are to provide a critical overview of the script writing process, liaising between the producer and the screenwriter and helping to strengthen the script in any way they can.
A script editor will mediate between the script writers creative ideas and the commercial needs of the film company, trying to find a finished product that suits both parties. They offer a different perspective and remind the script writer of the films target audiences trying to realise the full potential of the screenplay.
They are also there to aid the script writer in mapping out their story, and if needs be remind them of this map when scenes they write deviate from the plan. Script editors will often adhere to a development schedule, this will include meetings with both producers and screenwriters allowing the liaising part of the job to take place. They will also keep records of any developmental decisions made between the producers and screenwriters in order to come to a shared vision and end goal for the script.
Agents
An agent represents the interests of performers or creative members of a films production. They have the primary role of finding work for their clients and also cultivating relationships we high level persons within the industry.
An agents clients can include that of actors, Singers, Dancers, Walk Ons or Supporting Artists, Stand Up Comedians, Variety Artists, Presenters, Choreographers, Designers and Directors. This means they must have an acute knowledge of the entertainment industry.
Agents have to persuade decision makers in the industry to hire their clients, and so much of their time will be focused of establishing and maintaining relationships, using those said relationships to find work for their clients.
They have to keep up to date with the industry and know exactly what productions are taking place as to not miss out on any opportunities.
Another major role for an agent is that of coordinating their client's contracts in order to achieve the best deals they can for their clients. To do so they must keep up to date with industry rates as well as industrial agreements, whilst acting as a buffer in contractual negotiations.
Commissioning bodies
Corporate commissioning bodies will buy the rights of a script off of the writer and then put said script in to production. The commissioning body will usually be part of a corporate company and it is this part of the company that chooses which scripts are produced into films. Many scripts will often be sent into the company in question however only a small amount will have money invested into them that will ultimately lead to it being produced. Corporate companies like this attain most of their profit from box office sales, and because of this select scripts very carefully as to make sure films the films they make are financially viable. The BBC would be an example of a corporate commissioning body, especially in regards to television. They produce many scripts into programmes and movies and offer writers the chance to put forward their ideas.
Here we see the BBC advertise what sort of material they are looking for, allowing writers to respond with scripts which fit the description given. If a writer produces something the company likes then it may gain funding and be taken into the production.
Independent production companies.
These companies also produce films however usually outside of the major film industry, that being said there are some exceptions. Such companies usually produce lower budget films, often films that bigger companies won't touch as they consider them financially not viable. An example of such a company would be The Weinstein company which is a multimedia and distribution company. The company started in 2005 and was set up by brother Harvey and Bob Weinstein. The brothers had previously founded Miramax in 1979 which was also previously a independent distribution and production company before it was bought by Disney in 1993 and Quentin Tarrantino's Pulp Fiction Was released soon after. The brothers continued to run and manage Miramax with more freedom than most other Disney divisions until 2005 when the brothers decided to leave Miramax and found the Weinstein Company.The Weinstein company have produced have commissioned films such as
Southpaw (2015), The Imitation Game (2014) and also The Hateful Eight (2015). Synthetic cinema is another example of an independent production company however they work slightly differently. They sell their films to home video distributors. In-house screenwriter called John Doolan works for synthetic cinema to aid them in screen writing processes. Their main purpose is to support low budget films and amateur writers. Deep in the Darkness (2014) and Remains (2011) are examples of their work.
Competitions
Like the recent E4 sting competition we responded to, competitions can be another way in which commissioning can take place. Corporations in independent production companies will often hold competitions in which the public can respond to. In the case of a writing competition amateur writers would be able to respond to the brief and send their material in. The brief would specify the type of script the company wants and the rules and conditions that apply. The prize could be anything from money to the screenplay actually being put into production and the writer being given credit, which would obviously improve their portfolio giving them great experience. An example of such a competition would be the BlueCat competition. They offer many competitions throughout the year and an example of a screen play one can be seen below.
Role of a writer throughout a production.
The first stage of any production is pre-production. In this phase a writer takes of many various roles focusing on the script. One of these roles is script editing, this requires the writer to visit the script and often amend it numerous times in order to make sure it adheres to the wants of the production company and specifically the producers. There will often be creative discussion on what direction to take the script in although realistically it will be the producers who usually get their way, as it is their job to make sure the script aligns with the market audience. It is also essential that the writer makes sure the script doesn't deviate too much from the original story and there will also often be consultation with the producers and writers on this also. In fact through out the whole writing stage there will be continuous communication between the writing team and the director and producers in order to make sure everyone is on the main stage. This also helps the director begin to visualise his ideas for how to turn the script into a film.
There are however sometimes difficulties in the relationship between the writers and producers and it is said that it can feel like an adversarial exercise. Quantum of Solace (2008) experienced difficulties when writers strike script editing phase at a stand still. This would have cost a lot of time and therefore money for production. In the end star of the film Daniel Craig and the director had to edit parts of the script to avoid delaying the production any further.
In the film industry deadlines are extremely important as time is literally money. This means as a writer you are always working to some sort of deadline, and in order to be successful you cannot exceed them. The script is vital for production to go ahead and thus it must be ready and in a certain place at a certain time so the whole production can get under way. Script Shooting is the stage in which the director decides the types of shots he wants to use using the script as a sort of blue print to bring the transform the script in to the images we as an audience will see. Page lock down occurs when an individual page or scene in decided to be the final and used draft of the script, in short terms this means no more amendments will be made to those pages, and that they will feature in the film. Often the original script will differ substantially to that of the final draft as parts are cut or changed drastically to suit the needs of the production company. The film World War Z (2013) is an example of this happening. The original script was written by J.Michael Straczynski and differed greatly from what audiences actually saw in the film. It originally was supposed to be a humorous documentary of a zombie outbreak, however the director Mark Foster was said to believe the script was far too intellectual for most audiences and replaced Straczynki with writer David Carnahan who vastly edited the script into what became the action thriller the film was. There may be certain amendments while shooting is taking place if they are required. The writer will be present if any amendments are suggested and will often add advice on how t achieve any amendments that need making. This being said it will be down the the director and producers on what ultimately makes the cut.
No comments:
Post a Comment