To be a scriptwriter, there are many legal and ethical considerations that need to be considered. These ethics need to be considered and taken on board to ensure that the commissioning process goes as smoothly as possible. If these are not fully considered and carried out professionally then there could be some serious ramifications for the screenwriter, and those who are commissioning the film. One massive drawback of this could be a hefty fine, sometimes being within the millions and in some cases, the billions.
Copyright
The first of which is copyright infringement. The effects of breaching the copyright laws are massive, and can even go as far as paying a hefty damaging fee. The fee could set the contract breacher back a six figure fee if the damages are that bad. To prevent any charges and claims of copyright being pursued, the scriptwriter must follow a guideline which doesn't cross paths with another copyrighted idea, for example, if you were to create an action adventure film, you couldn't steal ideas or base ideas from James Bond, as those who take care of the legal side i.e. the solicitors, will press the charges in order to gain a fee. A film that had been done for copyright was the film 'The cabin in the woods' after the producers believed the film had stolen ideas from the film 'The little white trip:A night in the pines'. The producers wanted a fee of around £10million for the damages made, this case is still ongoing.
Plagiarism The next legal and ethical consideration is Plagiarism. Plagiarism is a similar consideration to that of copyright. The act of plagiarism is to copy from another persons ideas and take credit for it yourself. Breaching Plagiarism can have have many negative effects for the plagiarists, being forced to pay out millions if proven guilty. One film that had been accused of plagiarism was the hit 'Avatar'. The producers and all involved were taken to court over a suspected count of plagiarism against a novel by the Russian, Ruslan Zakriyev. He believed that the film had taken ideas from his novel that he had not approved of. Therefore, he demanded a third of the total revenue made from the film, totaling 1billion dollars. The film was an act of plagiarism, simply because the producers of the film took parts from the novel, and used it as their own and giving themselves the total amount of credit, against the authors wishes. To prevent any claims or charges of plagiarism, the producers will have to think of a way to alter the ideas that they are accused of stealing.
Libel
The third legal and ethical considerations of script writing is Libel. The act of libel during scriptwriting is to portray a person in a negative way and ruin their reputation in a way. This would be going against the wishes, ultimately, of the person who they're portraying, as the producers are demonstrating a person in a way that they are not. For example, libel could be seen if for some reason, they were to portray Donald Trump as a terrorist, or something similar. This is libel as it shows and portrays a person in a way that they're not. The consequences for libel can be very serious, the offender can't be put in jail for the offence, however they can be taken to court and ordered to pay a massive fine, which in most cases can be ordered by the person on the receiving end of the portrayal. A film which portrayed the act of being libel is the film 'The Interview'. Libel is shown in this film as the producers portray the North Korean supreme leader, Kim Jong Un, to be weak and easy to overpower. This is libel as the leader sees himself as the most feared man on the planet, not as a weak man.
Bias
The next legal and ethical consideration of a screenwriter is bias. Bias itself is an ethical consideration which involved with the representations of various groups, events and organisations. The idea of bias in screenwriting can be seen as trying to force a view or an opinion on the viewer, when they would rather have their own opinion.
Censorship
The next legal and ethical consideration of screenwriting is censorship. With censorship, this is the law that the screenwriters must fully understand what they are about to have commissioned. This includes the target audience, and what time they intend for it to be broadcasted. The things the writers have to take on board are:
- Use of violence
- Use of language (profanity etc)
- Sexual scenes
- Discrimination
- Use of drugs
U.K Watershed
The consideration of censorship goes hand in hand with another consideration, this being the UK watershed. The watershed is between 9pm-5am. The watershed means that certain tv shows and movies can't be shown, these include the bullet pointed list above, as it may not be suitable for the viewers before and after 9pm and 5am. This is because there may be children watching, and the bullet pointed list will not be suitable for children. However, box office broadcasts may be shown before the uk watershed, even though they may contain usage of violence, for example violence. TV shows and movies which have a rating of 12 may be shown before the watershed. 12 rated tv shows may include The Simpsons and Futurama. Although 12 rated tv shows and films may include some of the things prohibited by the U.K watershed, they're seen as child friendly, therefore may be shown. Dead pool 2, for example, a 15 rated film, can not be shown before or after the U.K watershed, as it is not child friendly.
Section 1- Jobs within screenwriting
Commissioning editor
The role of the commissioning editor is to essentially buy what the screenwriter is offering and agree to fund whatever they're offering. For example a commissioning editor will know what he wants when he sees it, and if the commissioning editor doesn't like it, it won't be commissioned. The role of this job is to set a budget. Each commissioning editor will specialize in one particular genre. This helps with the commissioning process on their part as they will know what they're looking for, and will know if what they're being presented would make the cut. The final role of a commissioning editor is to oversee the writing product. This means they can edit the script at any time if it means the commissioning will benefit from it.
Producers
The role of a producer is to oversee anything in the production that doesn't involve the director. The producers side is to work on the financial, the legal side and the administration side. The producers also have the role of hiring the actors and actresses to fit the role of the film. An example of a producer is George Lucas. Lucas is a very popular producer, best known for the Indiana Jones and the Star Wars franchises. He is also the founder of his own video game production company, Lucasarts.
Directors
The director of a filming industry is the highest possible position available in the industry. The first role of a director is to pull any ideas of a script and make it fit for purpose. The directors will provide the overall vision for the movie, this will then be worked with by the technicians and the editors. The directors also have full control of the script once its made its way through the commissioning period, they will tweak anything they feel is suitable. This takes all the control out of the scriptwriters hands. A famous director is Steven Spielberg, who has directed well known films such as:
- Jaws
- Jurassic Park
- ET
- Saving Private Ryan
- Raiders Of The Lost Ark
Script editors
The role of the script editor is to oversee and overlook what the screenwriting is doing, after the commissioning process has passed. The job of a script editor is to critically look over the script and change whatever wouldn't fit the show, even if its only a word or one phrase. The script editor will give their analysis on the script to help the screen writer and tell them what will and what won't work, however they won't create the answer for the screenwriter who will have to work on that themselves to get the best possible outcome. Script editors will always be responsible for developing the screenplay. A famous script editor is David Whitaker, who is famous for his work in Doctor Who. David supervised the TV series' first 51 episodes, between 1963 and 1964.
Agents
The agents of the film industry are those who work for the actors to try and get the best possible deal for both themselves, and their client. The agents organise contracts for the actors, to try and get the most money for themselves. The contract negotiation can help the actors stock rise to a higher profile character, if a company offers more for an up and coming talents, their name will become more of a household name, so agents help with them becoming a higher profile. The agents build up relationships with those who work in the industry, to nail down a berth in more movies for their clients, again to earn both of them new contracts. Agents will also support and guide the careers of screenwriters to help them get the best possible career. A famous agent is Bryan Lourd who is co-charman of Creative Arts Agency. Lourd has helped build the careers of both Brad Pitt and George Clooney
Writers
Those who are contracted to the screenwriting will be made responsible for all research, the research needed will include looking for similar products that are already out there, so that none of the legal and ethical issues come in. For example, when Avatar were taken to court and made to pay a third of the money they made at box office, this could be put down to poor research from the writers. The screenwriters also typically work in teams to ensure more ideas can be created, and a better script can be created. The writers tend to work freelance, while the big companies will tend to hire them for a project, if they can be seen as reliable. A famous screenwriter is Quentin Tarantino, who started with Reservoir Dogs. He can also be known as a film director, directing the likes of Kill Bill and Django, whilst also providing the screenwriting for the films.
Commissioning Bodies
Corporations
Many big corporations in the U.K give up and coming talent the chance to have their screenplay commissioned. This can happen by an individual writing a screenplay and a corporation like the BBC or ITV will commission it. On the BBC website, there are many scripts that have been written by people who inspire to be screenwriters, and who want to be heard of. However, for the huge American corporations, for example, Fox and Disney, they will not offer the same experience. These corporations will make sure their pitch ideas comes from established relationships in which they have had for years, to ensure that nothing goes wrong in the screenwriting department, and that they're getting the best ideas possible. Those huge corporations are part of conglomerates as they control every stage of production, from filming through financing. However, in the US, there are 3 particular months where commissioning networks will host a competition to get a persons screenplay noticed, these 3 months are March, April and May. Another example of a film corporation is Lionsgate.
Independent Production Companies
In the U.K alone, there are hundreds of independent production companies. These companies are being made because they may want to strike a deal along the line with bigger companies, like the BBC or ITV. These companies may produce their own ideas at first and then sell themselves to the higher production companies to make their ideas known. Most of the independent production companies will have an affiliation with other companies in order to complete their work and reach out to the higher productions.
Organisations
There are also a few organisations in the U.K that help to kickstart a writers career and bolster their chances of becoming a professional screenwriter. The first of which is BBC Writers Room. This organisation works with writers through every stage of their career to help them reach their maximum potential. This organisation also scouts up and coming talent in the profession, to try and get as many talented screenwriters as possible. The next organisation is 'Good In A Room'. This particular organisation offers useful tips on how to sell yourself to any commissioners. The description of the book titled Good in a room says it gives 'useful advice on how to move a good idea from your head into other heads in the room'. The final organisation is the BFI Film Academy. This organisation gives people between the age of 16-19 the chance to become a part of the film industry. This academy works and develops skills needed and required in the film industry to become successful. They offer various programmes, including working behind a camera and screenwriting.
Writers
Those who are contracted to the screenwriting will be made responsible for all research, the research needed will include looking for similar products that are already out there, so that none of the legal and ethical issues come in. For example, when Avatar were taken to court and made to pay a third of the money they made at box office, this could be put down to poor research from the writers. The screenwriters also typically work in teams to ensure more ideas can be created, and a better script can be created. The writers tend to work freelance, while the big companies will tend to hire them for a project, if they can be seen as reliable. A famous screenwriter is Quentin Tarantino, who started with Reservoir Dogs. He can also be known as a film director, directing the likes of Kill Bill and Django, whilst also providing the screenwriting for the films.
Commissioning Bodies
Corporations
Many big corporations in the U.K give up and coming talent the chance to have their screenplay commissioned. This can happen by an individual writing a screenplay and a corporation like the BBC or ITV will commission it. On the BBC website, there are many scripts that have been written by people who inspire to be screenwriters, and who want to be heard of. However, for the huge American corporations, for example, Fox and Disney, they will not offer the same experience. These corporations will make sure their pitch ideas comes from established relationships in which they have had for years, to ensure that nothing goes wrong in the screenwriting department, and that they're getting the best ideas possible. Those huge corporations are part of conglomerates as they control every stage of production, from filming through financing. However, in the US, there are 3 particular months where commissioning networks will host a competition to get a persons screenplay noticed, these 3 months are March, April and May. Another example of a film corporation is Lionsgate.
Independent Production Companies
In the U.K alone, there are hundreds of independent production companies. These companies are being made because they may want to strike a deal along the line with bigger companies, like the BBC or ITV. These companies may produce their own ideas at first and then sell themselves to the higher production companies to make their ideas known. Most of the independent production companies will have an affiliation with other companies in order to complete their work and reach out to the higher productions.
Organisations
There are also a few organisations in the U.K that help to kickstart a writers career and bolster their chances of becoming a professional screenwriter. The first of which is BBC Writers Room. This organisation works with writers through every stage of their career to help them reach their maximum potential. This organisation also scouts up and coming talent in the profession, to try and get as many talented screenwriters as possible. The next organisation is 'Good In A Room'. This particular organisation offers useful tips on how to sell yourself to any commissioners. The description of the book titled Good in a room says it gives 'useful advice on how to move a good idea from your head into other heads in the room'. The final organisation is the BFI Film Academy. This organisation gives people between the age of 16-19 the chance to become a part of the film industry. This academy works and develops skills needed and required in the film industry to become successful. They offer various programmes, including working behind a camera and screenwriting.
Competitions
All over the globe, there are many companies that provide competitions for people to kickstart their screenwriting career. If a candidate was to be successful and win the competition, it won't automatically guarantee a contract with any managers, producers or any agents. This may not be a guarantee, however, with 2 named academies who run the competition: Academy Nicholl Fellowships In Screenwriting and Austin Screenwriting Competition, they have an excellent track record of their winners who have sold scripts and even launched their career in the industry. The company who run the competition in the UK (FreeWay), every winner of the competition since 2013 have been part of pre production and production, with many of the winners claiming awards for their work.
All over the globe, there are many companies that provide competitions for people to kickstart their screenwriting career. If a candidate was to be successful and win the competition, it won't automatically guarantee a contract with any managers, producers or any agents. This may not be a guarantee, however, with 2 named academies who run the competition: Academy Nicholl Fellowships In Screenwriting and Austin Screenwriting Competition, they have an excellent track record of their winners who have sold scripts and even launched their career in the industry. The company who run the competition in the UK (FreeWay), every winner of the competition since 2013 have been part of pre production and production, with many of the winners claiming awards for their work.
Section 2- Working as a writer
Professional Presentation
For professional presentation, the writer must ensure everything in the script is up to industry standards. The first of which is down to font size, which must be exact and also have the correct font. This is because the script needs to be a length which fits at 1 page per minute. If this isn't accurate, the commissioners will not bother looking at it, no matter how good it is. An appropriate font size and medium shows professionalism, this is what a commissioner will be looking for if they're to even give you a chance. If for example, a film was 120 minutes long and you were looking to have it commissioned, the script should be prepared with the character font size and medium, therefore this would be 120 pages long.
Agent Representation
Firstly, the agent is the person who looks after a writer or a person looking to be working in the industry, to ensure they get the right work load over time. Within this industry, having an agent is essential as most publishers won't even consider a person if they aren't represented by an agent. Having a big agent with lots of contacts will help the person with work, simply because the publishers and commissioners will know what they're getting as the agent is a reliable source.
Communication
Scriptwriters must have very good communication skills to be able to succeed at a higher scale. First of all this is because, when they're trying to reach out to their audience, they need to be able to speak clearly and give their speech in detail so the audience has a clear understanding of what they're trying to sell. Also, when working with others who are maybe in the same boat as they are, i.e looking for work and in an independent production company, communication is key so they can voice their ideas clearly so others can have a clear understanding.
Royalty Payments
Royalty payments are payments that writers will receive from anything that has been put on the market. For example, these include movies and novels. These payments are split between those who worked the hardest to have the ideas put onto the market, these being the writer, the producer and the agent. The payments will always vary and will change depending on how much money has been earned from what they made.
Collaborative Skills
When creating ideas and pitching to make sure they get the best possible outcome, writers will tend to work with other professionals in order to create a project. They can even be asked to work with directors and producers if they're being ordered to create a specific piece of work which is in the speciality field of either producer or director. Typically, you will find Independent production companies collaborating, in order to get ideas from each other.
Time Management
It is essential that writers hit their deadlines for their deadlines as poor time management will eventually lead to unfinished scripts. When they have been commissioned, it is also vital that they hit these deadlines as when they work in a team, they will rely on these scripts being in on time. Poor time management will lead to a poor relationship with both the team that the writer is working with, and the film producers who need them in on time.
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