The Journey of Screenwriting

In the realm of screenwriting, one of the most valuable lessons I learned was the undeniable need for a competent lawyer.

It was September 1999, and my wife and I attended a gathering in Pacific Palisades to welcome new families to Wildwood School, where our son was enrolled in elementary school. Under the stunning Southern California sky, I mingled with a crowd of ambitious parents, all dressed in their casual best.

A friend nudged me and gestured toward a gentleman across the room, suggesting I strike up a conversation. "He’s a screenwriter," my friend informed me. Eager to connect, I made my way over.

"Hi there, I hear you write screenplays," I said.

"Yeah, something along those lines," he replied.

"I’m Scott," I introduced myself.

"Gary," he said, shaking my hand.

"What projects have you worked on?" I inquired.

"Nothing you’d recognize. I started as a playwright in New York, sold a feature, and have been in the business since 1987."

"Interesting! I sold my first script in 1987, too."

"Really? What was it?"

"K-9."

"You wrote K-9?" he asked, genuinely surprised.

"Yep."

"Seriously?"

"Absolutely. What’s the matter?"

After a brief pause, he said, "I’m working on your sequel."

That’s how I learned about the creation of K-911.

You might wonder why I wasn’t penning the sequel myself. The answer is straightforward: the original writers, Siegel & Myers, were no longer collaborating. Consequently, the producers turned to another writer, Gary, known as Gary Scott Thompson, who would later gain fame for works like The Fast and the Furious and the NBC series "Las Vegas."

As I drove home that evening, I felt triumphant. According to my contract for K-9, Siegel & Myers were entitled to a bonus for any sequels. My share was set at $150K—easy money!

Months later, however, I received disheartening news: I would not be receiving that bonus. The reason? When the initial K-9 deal was drafted, our lawyer overlooked a crucial detail in the contract regarding sequels. Specifically, we failed to include the phrase: "Or any other format."

Our agreement only acknowledged two forms of sequels: theatrical releases and Movies of the Week (M.O.W.). Back in 1987, this made sense, as VCRs were just beginning to gain popularity, and no one anticipated that film enthusiasts would purchase videocassette tapes. Fast forward to 1999, and the landscape had shifted; K-911 was set to release directly to DVD, bypassing theaters entirely. The business team at Universal contended that since K-911 did not fit either category of sequels outlined in our contract, it wasn’t eligible for a bonus.

By this time, my original attorney had passed away, and I was now represented by a different firm. They told me there was nothing I could do. I even consulted the WGA's legal department, but they echoed the same sentiment. I was indignant—how could they not recognize K-911 as a sequel when it clearly utilized our characters, concepts, and even part of our title? I spent days navigating the corporate maze at Universal, finally reaching an anonymous legal representative. I pleaded with them as a fellow human being, understanding that the money was likely out of reach. "Please, just acknowledge that K-911 is a sequel. I promise I’m not recording this; I just want to hear you say those words."

"Sorry."

Click.

You might think losing $150K is the worst outcome, but it got worse. Universal went on to produce K-9: P.I., yet another direct-to-DVD sequel. That meant I was now out a total of $300K.

All because my lawyer failed to include a mere four words: "Or any other format."

So, when you sell your script and your agent or manager advises you to find a good entertainment lawyer, make sure to clarify: "No, I need a damn good lawyer."

The Business of Screenwriting is a weekly series of posts inspired by my experiences as an outsider in Hollywood who sold a spec script for a significant sum and navigated a screenwriting career filled with wise choices, some mediocre decisions, and a few regrettable ones. I hope you glean some wisdom from my journey.

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