Alex Ellerman

okay, the 2.5% part is kind of industry standard, i think. a 100million budget means you would get $2.5 million, a 10m budget means you would get 250k.and then they put min/max levels on that. so regardless of budget, they could put you in the 500k to 1.5m range. makes sense. However, this will likely never happen. she is giving you the famous $1 option. meaning, she has the right for the period of the contract to pimp the script exclusively to whoever she wants, and burn it out. once people start passing on a script, it can get burned quickly. what has Faye Schwab ever done? has she ever sold/produced anything? *see below people will pass on her project. and the $1 option doesn't exactly motivate her to get off her butt. if lighting strikes, great, she gets paid. if not, no problem to her. the questions you have asked indicate you are in over your head. it also suggests that it is unlikely you possess a fantastic (saleable) script. harsh realities. there are scattered cases of $1 options working, but they are notoriously bad ideas, especially with neophyte producers. if i'm wrong and she's a heavy hitter, disregard my advice. if the script is good enough to option, it's good enough to pay actual $ for the right. * edit to add. donedeal thread on her. helpful. slightly good news. http://messageboard.donedealpro.com/boards...ead.php?t=40454 According to Studio System she has four projects in development and the last project she had produced was a Hallmark Channel MOW in 2003 and Demolition Man in 1993. if you want to disregard all this advice, by all means, but do yourself a favor, make the option for 3 months. ask her for a list of where she's sending it, specifically to who, and maybe even why (b/c they like action, b/c there last movie was low-budget horror, b/c they have a production deal with Jessica Biel). before signing.

fyi on predatory lending and our executive branch: http://texasbrian.blogspot.com/2008/03/ell...ay-of-bush.html

Greg - i really enjoyed... i thought the music worked for the piece... i think you need to tighten up some edits/choices... 1. the zoom out and then pause on the computer screen. you need to cut on the zoom out, not after the zoom out is finished. that looks like video. 2. the reverse angles on the guy stalking the girl. The ones where you show his face, even though it's down, don't work. the one where his arm just accidently crosses the side of the frame remind me of Roman Polanski shot the scene of the woman on the phone in Rosemary's Baby (sort of). she leans forward while in their bedroom, talking on the phone, her face out of sight. 3. i would definitely not show him until he grabs the girl, and even then, i might not do it the way you did it. that might be the time to be closeup on her face and just have him envelope her. Not sure. I would want to convey terror at that point.

it wouldn't surprise me if the majority of films ever made were actually written longhand and then someone went and typed them up. can't be sure either way. but i bet longhand is more prevalent.

People can say us MS word all they want -- but the truth is -- it's hard enough to write. for a couple bucks, you can make the process a lot more intuitive and fast with a scriptwriting program. I don't need the bells and whistles of FD, but it's a lot easier for me to write with FD than it is with MS word. just my opinion, backed with a lot of time in front of a blinking cursor.

Look, it's 3 days. and you've already done 1 day, right? the worst thing they could ever do is fire you, and that doesn't sound like it would hurt much. Do NOT let them use your car. it's your dad's. it's not insured. You're still paying it off. whatever you want to say, and you don't need an excuse. You tell them they can't use your car and what are they going to say -- "well then, we don't want your ridiculously cheap labor?" they would be cutting off their nose to spite their face. I would go so far as to get dropped off on set if i had trouble saying no. My father the policeman needed the car for his job today - he's got an all day long stakeout that he wants it for - trying to catch a murderer/drug dealer!!! :) and tomorrow, my mom is using the car to deliver mail b/c her mail truck is broken, etc. etc. etc. everybody wants your car for their job.

I actually quite disagree. the movies at the local cineplex are merely widgets. a studio owns the vertical structure, from architecture to conception to distribution, so if they make a crappy widget, they make a glossy commercial to go with it. then they ask you, "how would you like to pay for your ticket, with Visa or Mastercard?" it's a false choice. We should be saying "no thank you Sony. these movies (by committee) suck. " I don't really want to debate the whole system. I agree they are not in the industry simply to make money, they also love the power and feel of LA. but they are not movie afficionados. they do not value talent like screenwriters and cinematographers. the value power and money and boxoffice, if we are drawing gross generalizations. now, back to the original question. I just read an interesting interview with gus van sant. he argues that cinema is really just copying plays and books and really hasn't come into its own style. so clearly, he does not believe it's reached its zenith. it's only just begun.

looking good richard! you don't come so bitter and secessionist in your interviews :) !!!

nikki, re: how do you get an agent if you have to ask... it's not gonna happen.

As a low budget filmmaker, you can also ask yourself: why am i including this omniscient shot in my film? is it really appropriate? I can't remember who it was, but some well known filmmaker said he would never include a shot like that b/c it wasn't anyone's POV... I'm sure this opinion might get eviscerated on a cinematography message board, but it made me think about story vs. style.

Silence of the Lambs? Jodie Foster pursuing the killer in the end, he's got the night vision goggles on...

Walter - I don't need to qualify for you nor brag on a message board... You have made a textbook ad hom attack on me. I was never rude. After David's repudiation of your behavior, you cleaned up your act, however short lived... Maybe you have trouble being wrong? well... here comes trouble. I'll keep this short and provide links from professionals to back my assertions in lieu of your "advice." the links below confirm my assertions. unfortunately, I've already bought your DVD on lighting; hopefully your lighting acumen exceeds your knowledge of writing. My advice to you, however, is both good and free. *i'm also a repped writer who has registered plenty of my work. I haven't had to litigate my work, possibly b/c, unlike Walter, I registered it properly. -------------------------------------- http://www.writersstore.com/article.php?articles_id=124 http://www.zernerlaw.com/newsletter.htm First, although copyright protection exists at the moment of creation, registration with the Copyright Office is required before a lawsuit can be brought. Because it can take up to six months from the time the application is mailed to the Copyright Office until the application is processed and returned, if the writer needs to immediately file a lawsuit (i.e., in order to enjoin the movie's distribution), he must apply for an expedited registration, for which the Copyright Office charges an additional $580. Second, if the writer registers the script with the Copyright Office only after the infringement has taken place, he will be barred from recovering attorneys fees or statutory damages in the lawsuit. Third, if the script is registered prior to or within five years of its publication, the registration acts as prima facie proof of ownership of the script in the event of a trial. There is no such benefit from the WGA registration. The only real advantage of the WGA registration is that, in the event of a lawsuit or a credit arbitration, the WGA will have an employee appear and testify concerning the date of the registration. But this is rarely an issue during litigation. Therefore, if you are a screenwriter wondering whether to register with the WGA or the Copyright Office, the answer should be clear - always register your script with the Copyright Office, and, if you have the extra $10 or $20, register with the WGA as well. And if you have scripts in your drawer that you registered in the past with the WGA, but never bothered to register with the Copyright Office, now is the time to do so. Before the work is infringed. http://www.sfwa.org/Beware/copyright.html (excerpt) --partly because it's not necessary to register unpublished manuscripts, but also because WGA registration isn't a legal substitute for official copyright registration. If a literary agent recommends that you register your book manuscript with the WGA, be wary: this agent doesn't know much about copyright (something with which a good agent should be familiar). Myth #7: Registering with the Writers Guild of America is an acceptable alternative to U.S. copyright registration. See above. WGA registration is not a legal substitute for official copyright registration.

Walter - I promise you, you have this backwards. The WGA is less important. anything you write in fixed form is indeed copyrighted, but it is MUCH more important to have this logged with the US copyright office and to have prima facie evidence in court. One is the US govt., the other is a small organization that has historically gotten worked by the studios during negotiations. Any lawyer will confirm this advice in spades. if you're not a dues paying member of the WGA, i'm not sure they will help you.

Generally speaking, no. You should not worry about anyone stealing your idea(s). #1 there are no new ideas. #2 it's much cheaper to buy your script for a studio than to steal it. You should copyright it for prima facie evidence in a court case. Mailed copies are an urban legend, and the WGA is just a guild registration, not necessary, but won't hurt you. I won't say stealing never happens, but doesn't "The Incredibles" remind you more than a bit of a little franchise called "The Fantastic Four?" Aristotle says there are 36 dramatic situations; i'm guessing your ideas probably fall under one of his situations. therefore: it's all in the execution. Your ideas are possibly not as good as you think, your execution of them probably not as great as you think. the reason i say this is: if you were a great screenwriter, you would probably not be asking these questions. but be encouraged, go to LA, write, make movies, live life.

Richard- is it accurate to say you're four walling on your own? is anyone (the distrib?) helping and/or giving their blessing? do you envision angel investors on your next film or a mini-studio involvement or having distribution locked up and some territories pre-sold prior to filming? Thanks again~ alex

Rock! congrats Richard... reading your post, it seems that you are thinking about your next film and your next film strategy... any thoughts on that at this point? A different release strategy, a bigger budget, investors, etc. would love to know how what this has taught you. best, alex

Rob - I wasn't denying this was capitalism, i was being more specific with the language than so broad as to say commerce or business or capitalism... uh, hilarious library burning joke though.

you don't own this equipment. you own a derivative (of an equity) that is a camera. You haven't outright purchased a camera. You are selling an option on a place in line, and that's my problem. Maybe you think it's great when people stand in line to buy an iphone they don't want and put it on ebay, manipulating an inefficiency in the marketplace, but I happen to think it's not. nothing personal, to each their own.

Gimme a break - this isn't capitalism - this is exploiting an inefficiency for personal gain, I suppose, but don't act like this is stock in IBM. Red Cameras aren't a commodity designed for investment and appreciation. This is no different than buying an iphone or a wii and trying to make somebody pay extra for it. I seriously question the wisdom in what you are attempting, trying to game your fellow filmmakers, but to each their own. i bet your wondering if your "investment" was very smart, b/c i bet you're having trouble finding suitors willing to pony up for your positions.

1. Jannard's accessibility is to admired and appreciated. He built something important from scratch. 2. A certain level of decorum should be exhibited by someone of his position, and his post is lacking. We recently had a thread about 'why all the hate' and it addressed our conduct on cinematography.com. I understand Jannard is a little frustrated by the potshots, but it comes with the territory.

I think there's an overall tonal change in the movies as well... they seem to have gotten campier, adding secondary characters like Connery, and moving away from the matinee action style to a self-aware, jokey style... i think the visuals have followed...

http://www.deadlinehollywooddaily.com/wga-...-next-few-days/ nikki finke always seems to know what's up... sounds like this may get done, but may not. if it doesn't get done in time for the Oscars... probably not good.

Zamir - nice work! couple things i loved... the red on the stairs looks like blood - but is carpet - good stuff... the trailer felt hopeful to me, then turned into despair (which you misspelled by the way) which gives it a nice arc, though not sure if you intended it. keep at it!

For studio films: you generally hear "low six figures against mid six figures" for spec scripts from newbies, which is what i'm guessing you are asking. the numbers they announce in the trades are not always reliable. much if not most of the big hollywood films are adaptations or assignments, and your numbers will vary from A-list screenwriters to lesser writers. if you want to sell a script, you need an agent or a manager or possibly a lawyer with LA contacts. the industry is in LA, most people believe you need to live or spend some serious time in LA to sell scripts. there are exceptions, they are scarce. for indie stuff, throw the above advice out the window. and be wary of the $1 option.

Gents & Ladies; http://www.copyright.gov something is copyrighted as soon as you put in in fixed form. you register with the government for things like prima facie evidence in court and max damages. From the FAQ: I?ve heard about a ?poor man?s copyright.? What is it? The practice of sending a copy of your own work to yourself is sometimes called a ?poor man?s copyright.? There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected." Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section ?Copyright Registration? and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works. ________________________________________________________________________________ ______________________________________ As someone mentioned, i tend to believe that the way you write and execute the idea is the only thing that matters, that there really aren't any new ideas under the sun, but if you feel you have lightning in a bottle, get thee to the copyright office.