While I cannot offer legal advice regarding the use of trademarks in creative writing (please research “fair use” and speak to a lawyer for a definitive response to such questions), I CAN rephrase this question to “SHOULD I use corporate trademarks” in my work.

My answer to that question is that you should avoid using them entirely…for entirely non-legal reasons:

1. Script limitations. Brands sometimes go out of business, dating your script. Also, people in some parts of the country or world may never have heard of them. Using generic terms keeps your writing “evergreen” (timeless) and universal.
2. Brand integration conflicts. If a brand is visible, and especially if it is tied to the story line, it is ripe for integration consideration, and identifying it in your script is a waste of time. It will be replaced by the product that pays to appear there.
3. Brand image fluctuations. Heaven forbid, but sometimes brands get a round of bad publicity, and the connotations originally intended in your script become entirely different ones.

Finally, consider the golden rule of screenwriting: Does this choice advance my story? It is rare that a trademark name specifically enhances or advances your storyline, and if it does, you will probably not get past the informational/parody restrictions of “fair use” for it to be okay.

I’ll go so far as to say it rare that a trademark name needs to be mentioned at all in a script. Check your script to see if generic descriptions like “fast food chain” or “soft drink” can just as easily be substituted for any trademarks. If so, move on - it is not just the safer choice; it is the better one.

I’m a producer who has enjoyed both sides of the writing seminar experience. As a writing fellow years ago, I attended many diverse seminars. Then, as a story analyst for a major production company here in L.A., I developed my own system for understanding and applying story structure. My 1-3-5 seminars are often free, and the 1-3-5 book is cheap. I do this because I love working with writers and am unusually geeked by story structure.

These are the three things I explain to people who question or resist “learning how to write”:

First, writers often (mistakenly) interchange “story” and “structure.” These are two separate elements of the writing process. Story is the creative experience that only you can uniquely express from your vision. Structure is the foundation for that story, and the rules of structure have been accepted for thousands of years. The easiest way to grasp the distinction is to think of a dinner party. What you cook is entirely up to you (story). But you must serve your guests the appetizer first, then the entrée, then the dessert, in that order, and those dishes have to complement each other (structure). If not, no matter how great the food is, your guests are going to think you have no idea how to make dinner. And they won’t come back to dine with you again. Writing seminars tend to focus on teaching structure, NOT story, so that creative genius has a chance of being understood and enjoyed by buyers and audiences who innately expect a certain foundation to a script. And story instincts can be honed and expanded with professional guidance, as well.

Second, virtually all professions have rules for writing. Just as lawyers must learn proper structure and format for legal briefs and programmers do the same with software code, screenwriters must learn and apply rules of structure and format to screenplays. Most professions have training expectations, too. Just as no one is going to give you $100,000 to perform open heart surgery on a patient just because you’ve always dreamed of being a doctor, no one is going to give you $100,000 to write a script just because it’s your lifelong fantasy. Doctors, lawyers and other professionals get degrees and regularly attend seminars to maintain their chops and their edge, and so do writers. No matter how strongly emerging writers believe that Hollywood is a get-rich-quick-with-no-effort industry, in order to succeed, you will have to replace that belief with the simple acceptance of show business as a business.

There simply is no benefit to railing against the industry’s insistence that writers get some training before they attempt to get paid for their work. Any time you are asking someone to pay you, you must anticipate their establishing rules for that income. If you don’t want to have to learn the insider rules, the simplest solution is to write for free. But if you want to sell your work, just as in any other business, you have to respect the guidelines. The good news is that the rules of writing get far more flexible after a first sale!

Third, it’s common for people to mistrust writing teachers as unnecessary snake oil salespeople who are not personally successful themselves. Yes, the rules of story structure that Hollywood subscribes to are fairly standard. The laws of physics are standard, too, but not many people easily grasp and apply them! Training helps writers master the rules so they can craft solid scripts that can actually be sold. And just as you learned better from some teachers than others in high school, you will find in the variety of books and workshops at least one approach to structure that will help you effectively integrate it into your work.

Remember, selling a script is neither a requirement for nor a guarantee of being able to teach screenwriting. I’ve produced many writing panels and seminars, and many successful screenwriters lack the communications skills and the clarity of process to adequately guide another writer to a successful script. For my part, I teach from the point-of-view of the buyer instead because that was my background and because my personal business strategy is to always understand what the person who writes the check is looking for. Believe this - whatever an individual teacher’s approach, the ability to teach a subject well enough for students to grasp it is its own gift.

Finally, let me be a bit frank just to give you a glimpse into the perspective of your potential buyers. From the industry’s point-of-view, writing exactly what comes out of your head, spirit and heart, with no structure or training, is not screenwriting…it’s “typing.” For a parallel, dancing around a living room on your toes is not professional ballet, and it does not warrant the expectation that you should be equally respected as trained ballet dancers in the world of classical dance. Next, I can think of few industries that offer as accessible an education in the basics as screenwriting’s swath of books and seminars. Please compare those demands on your time and wallet to what dentists, accountants, attorneys and other professionals must do before they can earn a professional paycheck. If attending a well-respected course for a few hundred bucks helps buyers have confidence in you, do whatever helps you crack those barriers to entry! Last, try very hard to name any industry where training destroys natural talent rather than enhances or develops it. Still a skeptic? Buy a couple of writing books and take some classes just to prove everyone wrong. What I know you will discover, instead, is that training can take what’s good and make it great.

Happy screenselling.

One of my most popular posts to date has been “#16: Do I need to read the trades?” In that post, I outlined the minimum types of information you should scan the trades for and also suggested key trades to read. Thanks to the strong response I received, in this post, I’m going to follow up with specific examples of what you might find in the trades – and how you can translate that information into selling your own projects.

Whether you work in film or TV, you can put these tips to use, even if the specific example is not from your industry.

Let me start by recommending you immediately ditch any hard copies you receive of the trades and sign up for the electronic versions instead. That way, you can easily copy and paste information straight into your databases or share it with partners and reps. Remember, always show copyright love whenever it bears stating!

Now, here are six ways to “trade up” your daily reading into a focused, project-selling process:

Trade-Up Tip #1: Track the Trends
As you prepare to pitch various projects, the trades tell you what’s hot and what’s not. Guess which trend you want to be riding? For example, for reality TV professionals, over the past two weeks, we’ve learned that:

• My Network TV is about to replace 33% of its programming with reality TV AND 180 from telenovelas to targeting male viewers (reality producers, take note);
• Court TV’s first scripted project is a hit with viewers (fiction producers, here’s a new potential buyer!);
• NBC, the CW and Bochco himself all are about to launch original Web-based programs (everyone, are you still ignoring new media?); and
• Networks in general are looking for cheap ratings bonanzas in brand-friendly game shows (got a talent option you don’t know yet how to capitalize on?)

All of that info ought to help show creators decide which ideas they are going to prioritize developing to maximize sales possibilities. Database these updates in a simple table or spreadsheet, and you’ll always be timely in your pitch meetings. And remember, the execs you’re pitching expect you to know this info if it was in the trades!

ACTION PLAN: In Word or Excel, build a simple table with columns for network/studio name, programming announcement(s) and announcement date(s). If you’re a member of the Show Starter Online Group, we’ve started you off with a file of over a dozen network programming announcements from this year’s upfronts! If you’re not a group member yet, be sure to sign up when you buy the book (or join if you already have the book) by clicking here. Group membership is for book purchasers only.

BONUS ROUND: If you don’t have any pitches that ride the trends, rework existing projects to stay current. Is there a cooking pitch you love that also might make a terrific game show? For helpful process tips, read “Show Starter, Vol. 1,” pp 25-27.

Trade-Up Tip #2: Run “Comps” on Projects that are Similar to Yours
TV producers, before any pitch meeting you ever take, be absolutely sure to check the overnight ratings for the current shows at that network AND any shows anywhere else that are similar to yours. Filmmakers, regularly track the weekend box office for any studios or companies you hope to meet with or any films in your genre.

Now for the example: remember the hot new – and now former – ABC show “The Great American Dream”? At the end of March ’07, if you were about to pitch any dream fulfillment shows anywhere, or any show AT ALL to ABC, a quick glance at one day’s trades would have shown that “Dream” utterly tanked episode one (ratings report - 3/28/07)…and was cancelled after episode two (cancellation article - 3/29/07 - as in the NEXT DAY’s trades).

Translation: this might be a pretty bad time to pitch a new dreams-come-true project anywhere, and ABC execs might be particularly cautious about new genre projects in general. Isn’t that something you’d like to know before entering the room? You BET. At least so you can explain why your project isn’t vulnerable to the same ratings risks? And don’t be blinded even if you see high ratings. Just because the trades report “Fox Picks Up 13 More Episodes of 5th Grader,” it might mean Fox wants to do another deal with Mark Burnett rather than buy your equally biting game show.

ACTION PLAN: Do a quick ratings review in the daily trades to compare your pitch list to current shows. Push danger zone shows to the bottom of your list, if you pitch them at all over the next few weeks. Then shift at least one brand-appropriate trend-winner into your top three opening pitches.

BONUS ROUND: Brainstorm alternative versions of your danger zone pitches (Show Starter, Vol. 1, pp 25-27) so they no longer heavily rely on now-risky elements. Then if an exec challenges them, you can come right back with a well-thought-out twist on your pitch.

Trade-Up Tip #3: Dissect Deal Points
If you’re not sure what to expect and request in your own deals, read the trades to keep up with what everyone else is offering or receiving! For example, for all you filmmakers who are fighting mainly to get a piece of DVD rentals in your deals, shouldn’t you know that the “Netflix Founder Predicts End Of DVD Rental Business” and now is investing millions in digital film downloading? Meanwhile, reality newcomers and pitch partners can set some basic contract expectations by reading news like “Hedda Muskat has been named Consulting Producer on WE’s new show, ‘Wife, Mom, Bounty Hunter’ debuting on April 20. Hedda brought the show to World of Wonder who sold it to WE.” (© 2007 Cynopsis).

ACTION PLAN: Scan for any deal discussions regarding professional peers or potential buyers. The Cynopsis example above lets you know right away what you might expect to be offered by WE and/or World of Wonder as a new show creator.

BONUS ROUND: Oh, you know what I’m going to say: add this info to a database – and review it before you actually pitch any partners!

Trade-Up Tip #4: Improve Your Project Development Process
Seeking “the right” talent to attach to a project? You can test the industry’s temperature for star “heat” by reading that “Kid, Not Play, May Get Talk Show.” Or get a great lesson in built-in conflict for reality pitches when you read that “Season three of Run’s House on MTV begins April 9 at 10p. Rev. Run and the Simmons family return to face new crisis and growth situations such as the two oldest daughters, Angela and Vanessa living on their own in Manhattan.” (© 2007 Cynopsis). Whenever you read about greenlit projects in your industry, consider it powerful development guidance for your own projects.

ACTION PLAN: Scan the trades for talent and story success stories and see what equally compelling “headlines” you could write to promote your own projects. Do you have more work to do to develop the project?

BONUS ROUND: Write the headlines – and send them to your focus group to see if they want to see that show!

Trade-Up Tip #5: Gather Insider Information
I call this “Room Wisdom.” These are articles that give you explanations of how our business works that help you get inside the minds of the studio, network and production execs you are pitching. For example, the Hollywood Reporter recently ran an article called “Ad Ratings To Gain At Upfront,” explaining that advertisers increasingly want to base the ad dollars they commit to a network on ratings for the actual commercials that run during programs, rather than ratings for the shows themselves. Is that a big shift? Of course! Is that something you can talk about intelligently in the room when possible ratings enter the discussion? Sure – if you’ve read the article.

ACTION PLAN: Read insider information articles and make sure you can summarize the general idea into a straightforward sentence (like I just did above).

BONUS ROUND: Learn the article’s new buzzwords and do additional research on them. For my example article, you would research “ad ratings” (aka “commercial ratings”) and the new Nielsen measurements they represent.

Trade-Up Tip #6: Scan for Who | What | Where
I’ll say it again – success in isn’t just about know-how; it’s about know-WHO. You absolutely must know who the players are that can buy your projects or otherwise assist their sale. All the trades announce executive hiring, firings and job-swappings. Many also feature producers who have just sold new projects. You must know these names to learn whom you already know and whom you need to meet with – not just in the room, but also at panels, seminars and conferences you see advertised.

For example: got contacts at “The Amazing Race”? Guess what? Now you might have contacts at Oprah’s new wish fulfillment show – the trades just announced “‘Race’ duo to oversee Harpo reality series.” But before you send an e-mail blast to everyone you know who works anywhere, please read Post #12: Do you know anyone who’s hiring?” Please don’t ever let the first thing you say to someone – a stranger OR a friend – be “What can you do for me?” Make sure your energy in this industry is balanced between advancing your own dreams and sincerely investing in your core circle’s dreams at the same time. Those contacts are the ones who’ll call YOU to yell, “Hey, I just got the new Oprah show – send me your rez!”

ACTION PLAN: Database the names of studio execs, network execs, production execs, financiers and show runners and keep it updated through your daily trade reads. Start with the network and prod co dbs we give you at our online group (book purchasers, click here to join!), and keep it up-to-date. Those names are the key to your selling a project.

BONUS ROUND: Today, right now, send an e-mail to the five people who have helped you most in your career. Offer something specific to help them back – even if its updating one of THEIR databases. Get balance back in your professional relationships – and watch the immediate shift in your professional progress.

BONUS, BONUS ROUND – Stop typing your latest email blast asking people you otherwise never check in on to find you work. Now re-read “Bonus Round” and give that approach a try instead. Please trust me on this. And remember, send thank you truffles or coffee cards to everyone who ever gets you in front of anyone else for a meeting - whether you close a deal or not.

NOW GO SELL THOSE PASSION PROJECTS!

For more in-depth process and resources, buy:

• “The 1-3-5 Story Structure Made Simple System: The Nine Essential Elements of a Sellable Screenplay“; and
• “The Show Starter Reality TV Made Simple System, Vol. 1: How to Create and Pitch a Sellable Reality Show”

now from Movie in a Box Books!

When new screenwriters finish their scripts, they often begin the search for a rep to submit the work around town. But is that the best way to do it? Well, sure! But it’s not the ONLY way to do it.

As you prep to get your script sold, incorporate this info into your marketing strategy:

SEEK REPRESENTATION

But only if you have a bona fide “in” to their direct office line! It’s very difficult to get a lit agent to read a script for representation without a personal introduction by a repped client of theirs. If you know a screenwriter or other industry member with an agent who actually is getting scripts read by real studios and funders, and you have TWO solid scripts (more on that later), ask for an introduction. Give your contact a substantial gift whether you are signed or not!

Of course, it’s not necessary to have a lit agent to shop a script. Make getting an agent only one part of a broader shopping strategy.

EXPLORE LEGITIMATE SUBMISSION OUTLETS

The main places you’re trying to get your script to, production companies, studios and even top-five actors’ shingles, are sometimes more accessible than lit agents. If you’re not already, make sure you join professional writers’ groups like ScreenplayLab and Scriptwriters’ Network, and attend every possible event to make those contacts. There’s a list of organizations to get you started at Movie in a Box - Links.

Again, the way to shop a script in our industry is to know someone. It’s tough to open a new professional relationship by asking for the considerable favor of an agent referral, so try a strategy where you’re offering something they could use in exchange for the introduction. And expect them to request to read your script first - and listen to their notes without argument.

Another credible outlet for getting your script noticed is via some of the online sites. If you’re not already, make sure you’re active at Inktip, for example. And be sure to explore the hundreds of screenplay competitions, like Scriptapalooza - but check first to see what success stories you can verify from their sites. If you bought my book last year, you have access to our terrific online database of screenplay contests as part of your group membership. You know what? I’m going to bring the online membership option back so other writers get access to the agent and contest databases and more on that site.

WRITE AND QC MORE THAN ONE SCRIPT

“QC” stands for “Quality Control.” Do not ever submit a script that is not structurally sound, no matter how ready you are to stop looking at it! This is neither a judgment, an assumption, an insult or a joke. It truly is a requirement. I was a reader at one of the biggest prod cos in Los Angeles, I’ve had scripts optioned, I run a filmmaking seminar, I’ve taught at UCLA Ext, I’ve written a very popular screenwriting book. Please trust me on this. There are no second chances for first impressions in our industry. And it’s not just your rep on the line, but also the rep of whoever opens that door for your submission.

Why “more than one script”? That is because if someone reads work of yours and thinks you have promise, their next request (to confirm the initial impression) is very often, “Can you send me another spec?” If you can’t, that is by no means a dealbreaker. But if you CAN, and the second script is equally hot, that could be a dealmaker! The second script needs to be structurally sound, as well.

Be sure that your screenplays are structurally solid (on a first submission, nothing else will do! Trust me!). Be sure that an experienced Hollywood reader has read the script and you’ve addressed the notes. As I always say, “if the story does not fit, you must not submit!” If you submit a flawless first spec, you will never have to live up these standards again, but you should. If you submit a flawed first spec, you will not get the chance to live up to higher standards at that company; you will be blocked from future submissions.

CONSIDER PRODUCING YOUR WORK YOURSELF

If you find you are getting great feedback on your work, but it’s never quite the right fit, consider producing the film yourself. This is a great approach when you have a lower-budget indie project (think “Open Water”) versus an effects-laden thriller! It is an enormous undertaking to produce a film, but there are many resources out there for people who have compelling scripts to develop. And just as you studied and trained to write well, be sure to research and train extensively before taking on a massive project like producing a movie. Your first stop should be a professional organization like Film Independent (FIND), which can connect with you with terrific partners and/or mentors, as well as vital resources.

However, you decide to get your screenplay sold, it should be clear by now that you don’t do it alone - you need community support and resources - and no one else does it for you - even an agent! It is no one’s responsibility to open a door for you to sell a screenplay. It is your responsibility to create a tight script, research appropriate buyers, and relentlessly seek submission opportunities until someone buys - or you decide to produce your work yourself!

Want more information on the nuts and bolts of writing a sellable first submission? Please do check out my book, “The 1-3-5 Story Structure Made Simple: The Nine Essential Elements of a Sellable Screenplay” for a very simple structural approach and streamlined writing and submission process.

At this point, I realize some of you are thinking…”But how much am I going to MAKE? How much can I sell my screenplay for?” Answering is just not that easy! And I don’t want you asking if you think writing a screenplay is a way to make a quick buck (which surely you don’t if you’ve read this far!). But the answer is, you can sell it for what it’s worth to the person who’s buying it. For a range of union rates (which are by no means minimums - FREE is our industry minimum), be sure to check out the Writers Guild of America’s “Schedule of Minimums” at their site. For a number you can throw out yourself, read my November 2006 post: #17: How much should I ask people to pay me? and use that against the schedule of minimums for your base number - if the buyer is willing and able to negotiate a fee for your work.

I also speak at a lot of film fests - check my calendar for upcoming dates and be sure to stop by and say hi! Happy screenSELLING!