It shows how out of it I was in trying to be in it, acknowledging that I was out of it to myself, and then thinking, “Okay, how do I stop being out of it? Well, I get some legitimate illogical narrative ideas” — some novel, you know?
So I decided on three writers that I might be able to option their material and get some producer, or myself as producer, and then get some writer to do a screenplay on it, and maybe make a movie.
And so the three projects were “Do Androids Dream of Electric Sheep,” “Naked Lunch” and a collection of Bukowski. Which, in 1975, forget it — I mean, that was nuts. Hollywood would not touch any of that, but I was looking for something commercial, and I thought that all of these things were coming.
There would be no Blade Runner if there was no Ray Bradbury. I couldn’t find Philip K. Dick. His agent didn’t even know where he was. And so I gave up.
I was walking down the street and I ran into Bradbury — he directed a play that I was going to do as an actor, so we know each other, but he yelled “hi” — and I’d forgot who he was.
So at my girlfriend Barbara Hershey’s urging — I was with her at that moment — she said, “Talk to him! That guy really wants to talk to you,” and I said “No, fuck him,” and keep walking.
But then I did, and then I realized who it was, and I thought, “Wait, he’s in that realm, maybe he knows Philip K. Dick.” I said, “You know a guy named—” “Yeah, sure — you want his phone number?”
My friend paid my rent for a year while I wrote, because it turned out we couldn’t get a writer. My friends kept on me about, well, if you can’t get a writer, then you write.”
~ Hampton Fancher
“That was the most disappointing thing to me in how this thing was played. Is that I’m on the phone with you now, after all that’s been said, and the fundamental distinction between what James is dealing with in these other cases is not actually brought to the fore. The fundamental difference is that James Franco didn’t seek to use his position to have sex with anyone. There’s not a case of that. He wasn’t using his position or status to try to solicit a sexual favor from anyone. If he had — if that were what the accusation involved — the show would not have gone on. We would have folded up shop and we would have not completed the show. Because then it would have been the same as Harvey Weinstein, or Les Moonves, or any of these cases that are fundamental to this new paradigm. Did you not notice that? Why did you not notice that? Is that not something notable to say, journalistically? Because nobody could find the voice to say it. I’m not just being rhetorical. Why is it that you and the other critics, none of you could find the voice to say, “You know, it’s not this, it’s that”? Because — let me go on and speak further to this. If you go back to the L.A. Times piece, that’s what it lacked. That’s what they were not able to deliver. The one example in the five that involved an issue of a sexual act was between James and a woman he was dating, who he was not working with. There was no professional dynamic in any capacity.
~ David Simon
Interesting, but doesn’t posting this count as ‘making a mess of it’ for Mssrs. Guttentag and Sturman?
That was easily 10 times more complicated a story than it needed to be, because of the fairy tale stuff. It was probably an entertaining story before all that was added. I almost didn’t bother reading past the first paragraph because of it.
Funny that Pete, I couldn’t be bothered, especially considering I had no idea who he was talking about.
Well, I couldn’t follow half of that, but the film *is* very, very good, and that’s all that matters. Wonder if “Red” will be showing up for the party on Saturday.
“All that matters” isn’t that it’s a good film. The writer got screwed and DP put it out there in a way that the screwers could not rewrite the plot line. Essential when it’s a legal matter with wolves and guilds, lollypop or otherwise. Essential if tales such as this might effect change, for this protagonist or another in the future.
Impressive timing and telling of an all-too-common cautionary tale from the land of la.
It’s a shame to read about a nice person getting screwed, but isn’t this sort of thing to be expected when you don’t get a contract in the first place? Who would put in hundred of hours of work on the basis of a handshake?
I’m not in the industry, so maybe people do it all the time. But common sense is common sense.
Of course, Dave’s story seems to be saying that the biggest screwing was the credit and a contract wouldn’t have kept her from getting screwed there.
Why not? That could have been part of the contractual terms.
Since it ended up at the WGA, it could not have been an enforceable part of the contractural terms. Under the WGA MBA, the WGA holds sole province over the credits for films made under its jurisdiction.
Even if she had a contract that said she would get sole credit, it still could’ve gone to arbitration and the decision of the Guild, regardless of what the contract says, would stand.
I’m dealing with a similar mess right now.
I wrote a script last year that got picked up. The company told me they didn’t have much money but they’d stick close to the script and make sure it would be something that did justice to the script. I liked the script, but didn’t love it, and figured it would be good to be in business with a company that had produced some successful films.
So they took the script, filmed it, and 6 months later a cut came across the desk of a friend of mine who helped produce it. The Writing credits then read:
Director
Director’s Writing Partner
Producer who i sold the script to
No story credit, no writing credit, nothing.
The film turned out all kinds of awful. The Director couldn’t direct, the writers they brought in couldn’t write. When i called them to dispute this, they told me they were using WGA guidelines and by those rules they had determined i deserved no writing credit. Though, this was a non union film with no guild affiliation, other than the actors.
Once it lands and has a contract, i’m going to sue the high holy hell out of them. I could start this process now, but i want to wait until they announce a release date and sell, because i really want to fuck these guys and break it off once i’m in.
The funny thing is, the story wasn’t that original and the script wasn’t that great. If they had approached me from day one, told me they wanted to reconstruct the script, take the general idea, etc and throw me a story credit, i would have gladly signed it away and let them go to town. Unfortunately, they didn’t do that and decided they were going to sneak names onto the script.
It’s the one thing in this business i can’t stand: smiling to your face and then stabbing you once your back is turned.
I had an almost identical situation the year before where someone was making a movie, they had a loose assembly of a story and script and really needed it put together. They said they could hire me to write it, but i wouldn’t recieve credit, other than “creative consultant”, but they would compensate me extra for doing the work and receiving no credit. I liked the guy, i liked the story, and we made a deal. The script got done, the movie got made, the distribution deal was signed. He gave me everything he promised, the film turned out really well. I’m sure it would be great to have my name on it as a writer, but i made a deal and i stick to the letter of the agreements i make.
The bottom line is, make sure you have a good lawyer, and beware of those who smile too much.
It’s stories like those that made the WGA negotiate to get control over writing credits.
Even though the WGA arbitration process is often loopy, it’s still a lot better than we’d get if our credits were left to the producer/studio to decide.
So it’s “better than nothing” … what a sad credo for any guild – and sad if its members are satisfied with that. (or must writers, especially fledglings, always expect so little in this forest?)
How strange is it that all the writer’s drafts were not allowed into arbitration? What would you base a decision on if not from every scrap of writing Red has done from the beginning? I once spoke to a writer in arbitration who was asked to bring in everything – from the latest draft to the earliest notes on legal pads. Yet the decision regarding Red was made without benefit of reviewing early drafts? How could the WGA expect to fairly represent the writer when it had not seen all her work – especially the drafts she’d done on her own, from her own research – drafts which were then handed out to others with only the names of wolves?
Surely one of the areas the WGA or any guild is needed most is in representing the most vulnerable – the unknowns, those just breaking in, those without voice or power. True, the membership dues do not reflect this, but then the successful were beginners once, too. And that is the purpose of a guild, no? All for one, one for all?
Why must a writer, or anyone else, face denigration merely for insisting on fair play? And as stated in the story above, what the writer wanted was entirely fair. No outrageous demands, no injunction sought. Merely what had been promised and proper credit.
Is this the ending that has come to be expected and accepted in this forest? But then, when “put up or shut up” is the maxim for those seeking entrance, is it any surprise that “better than nothing” is seen as a fair and happy ending?
Saying that it’s better than it could otherwise be doesn’t mean that I don’t think there’s room for improvement.
I know there have been numerous cases of the arbitration process not working the way it should, and there are many members who want it to get better (and some who are pushing for it).
As a member of the WGAw, I agree that the Guild is often unhelpful to the little guy/newbie and could be better, but I also acknowledge that there are areas in which having the Guild is far better than not having them.
Just for reference, I’ve not yet been through an arbitration, so I can’t relate any personal experiences on the process.
Guttentag’s been around a long time, no excuse for him.
Another sad tale: a friend of mine was approached by a wealthy woman (with zero show-biz experience) who loved one of his previous films and wanted to produce his next one. She promised him creative control–though, alas, not in writing–and he brought the film in on schedule and under budget. He had a cast/crew screening of a rough cut, and everyone loved it…except this woman. She promptly took the picture away, cut 20 minutes out of it, rearranged other scenes, rescored the film (including music in scenes that were meant to be seen in silence) and generally dumbed it down to her own questionable level. She’s now shopping this abortion around to a total lack of interest. And, ironically, my friend’s name is still on it as writer/director…so he’s the one taking the rap for the film being the mess that it is. Needless to say, he and everyone who worked so hard on the movie are just devastated at her duplicity.
Show business really sucks.