We're sunsetting PodQuest on 2025-07-28. Thank you for your support!
Export Podcast Subscriptions
cover of episode 669 - They Ate Our Scripts

669 - They Ate Our Scripts

2024/12/17
logo of podcast Scriptnotes Podcast

Scriptnotes Podcast

AI Deep Dive AI Chapters Transcript
People
A
Alyssa (listener)
B
Brett (listener)
C
Craig Mazin
J
John August
Topics
John August 和 Craig Mazin:许多大型AI模型使用电影和电视对话进行训练,引发了编剧们的强烈不满。需要讨论其法律、伦理和哲学意义,以及编剧们应该如何应对。 Steve:将角色变成不死生物(吸血鬼、狼人、僵尸等)是一种死亡形式;失去人性也是一种恐怖。 Luant:‘世代自恋’的另一种说法是‘时间上的唯我论’,因为我们只能看到过去,无法看到未来。 Alyssa:学生贷款是影响年轻一代好莱坞人职业发展的重要因素,但他们的野心依然存在。 Anonymous Down Under:在澳大利亚,大型流媒体平台倾向于任命年轻且经验相对不足的人员负责其澳大利亚分公司,这引发了当地资深制作人和创作者的不满。 Robert King:对AI使用其作品进行训练感到愤怒。 Vince Gilligan:将生成式AI系统描述为一种极其复杂且能源密集型的剽窃形式。 Taffy Burdester-Akner 和 Tony Gilroy:著名编剧塔菲·伯德斯特-阿克纳偶遇托尼·吉尔罗伊,并提及后者曾引用《Script Notes》播客中《点球成金》那一集的内容。 Jonathan:编剧是否应该完成每一个剧本,取决于其职业阶段和剧本本身的质量。 Brett:一位编剧在非工会制作中如何确定自己的薪酬和后端分成。 Jon Batiste:Jon Batiste第一次听到Green Day歌曲的反应,展现了人类在艺术创作中的价值。 Tini:Tini的奶酪通心粉食谱在TikTok上走红,展现了人们对美食的追求。 John August:AI使用编剧作品进行训练,这与盗窃作品本身有所不同,更像是盗用创意。惊悚片和恐怖片之间存在细微差别,惊悚片侧重于肾上腺素的刺激,而恐怖片则更注重潜移默化的恐惧感。‘世代自恋’比‘时间上的唯我论’更容易理解。好莱坞缺乏年轻领导者并非个人能力问题,而是整体行业结构性问题。在非工会制作中,编剧应该参考工会标准来确定自己的薪酬。对于初级编剧来说,完成每一个剧本能够帮助他们养成良好的写作习惯。编剧在创作过程中可能会经历对项目的信心危机,这很正常。 Craig Mazin:惊悚片并不总是关于死亡或受伤的恐惧,也可能涉及其他类型的危险和威胁。‘唯我论’指的是只有个体自身存在意义,而‘世代自恋’指的是认为自身世代特殊或重要。好莱坞缺乏年轻领导者可能与人才流向科技行业等其他领域有关。好莱坞的企业所有制结构变化也影响了对年轻人才的接纳程度。在资源有限的行业中,人们往往会互相指责,而忽视资源本身的稀缺性。与比自己年轻的人合作有时会带来挑战,但也可能带来益处。如果公司不关心AI使用其作品进行训练,那么编剧们就无能为力。一些大型科技公司可能并不关心AI使用编剧作品进行训练,甚至可能乐见其成。剽窃是一种道德问题,而非刑事问题。AI本质上是剽窃行为,因为它将他人作品的表达方式作为自己的作品呈现。在非工会制作中,编剧应该寻求专业律师的帮助来确定自己的薪酬和合同条款。与AI对抗是徒劳的,编剧们应该选择正确的战斗方向。编剧们在应对AI方面受到雇主的限制。 John August:如果AI能够识别并注明其输出内容的来源,那么这就不算剽窃。剽窃的关键在于是否承认借鉴了其他人的作品。AI可以生成模仿特定作家风格的作品,这让人感觉很不舒服,特别是当这些作家已经去世时。AI可以生成无限数量的作品,这构成了不公平竞争。编剧们对AI的担忧并非仅仅针对个体作品的侵权,而是对整个职业的担忧。编剧们应该关注自己能够控制的事情,例如制定个人策略、维护现有权益、提高职业标准等。 Craig Mazin:AI过度依赖现有数据进行训练,最终可能会导致其发展停滞。编剧们对AI的愤怒、威胁感和无力感。AI的出现是市场需求的结果,如果人们接受AI生成的内容,那么AI将继续发展。AI的应用不仅仅局限于直接替代编剧的工作,还包括其他领域,例如语音助手。如果制片公司不采取行动阻止AI使用其作品进行训练,那么AI将继续使用这些作品。编剧们对AI的担忧与过去其他行业自动化带来的担忧类似。编剧们对AI的担忧也与消费者对廉价商品的需求有关。AI抓取互联网数据与谷歌抓取互联网数据类似,其合法性和道德性存在争议。AI抓取互联网数据与阅读书籍类似,其合法性和道德性取决于个人的立场。目前针对AI使用编剧作品进行训练的措施难以奏效,因为技术发展会绕过这些措施。编剧们应该关注自己能够控制的事情,例如是否将版权转让给其他公司。

Deep Dive

Chapters
This chapter explores the blurry lines between "horror" and "thriller" genres by analyzing listener feedback and movie examples like Flightplan. The discussion highlights the subjective nature of genre classification and the challenges in establishing a rigid taxonomy.
  • Listeners offer different perspectives on the distinction between horror and thriller.
  • The subjective nature of genre classification is emphasized.
  • The discussion uses movie examples like Flightplan and The Lady Vanishes to illustrate the point.

Shownotes Transcript

Translations:
中文

Hello and welcome. My name is John August. My name is Craig Mazin. And you're listening to episode 669 of Script Notes, a podcast about screenwriting and things that are interesting to screenwriters. Today on the show, the revelation that many of the biggest AI models have been trained on film and TV dialogue has writers up in arms. How should we think about this moment and coming AI fights? We'll discuss the options.

Plus, we'll have listener questions and feedback on contracts or and bailing on a project. And in our bonus segment for premium members, Craig, you frequently say that we are living in a simulation. Yes. So does that mean that you are a theist who believes in a creator? Okay. We'll discuss the philosophical implications of this dynamic. Fair question. All right, fair. But first, we have some follow-up. Drew, help us out. So let's go back to episode 666 a few weeks ago where we talked about satanic movies. Yeah.

Steve writes,

Being turned into an undead vampire, werewolf, zombie, etc., is its own type of death. As John pointed out, the first alien movie was horror in space. Because it's not being turned into a host for an alien offspring and being alive while it's growing inside you is a true horror. And then the darn thing is born and it's game over, man. Just losing your humanity like Kurtz in Heart of Darkness and Apocalypse Now is enough for him to utter the famous line, the horror, the horror.

you know, I appreciate the thoroughness of this theory, and I like the way it's circled back around to Heart of Darkness, but I don't know if I agree. Yeah, I think anytime you're trying to establish a clear taxonomy between genres, between categories of things, you're going to run into some messy things. So what I like about what Steve did here is he talked about, like,

You know, there are a lot of movies that are clearly thrillers that are not horror films and they involve peril in a way and sometimes physical peril, but sometimes just it's getting your adrenaline up in those ways versus horror films, which there's sort of a seeping dread quality to horror that is different than what you find in a thriller necessarily. Yeah, I think it was just a little too narrow on thriller because thrillers...

adrenaline you in so many different ways. They don't always involve the fear of being slashed or dying. There's a peril. Something's in threat, but it's maybe not your own life. Right. Did I mention that movie Flight Plan last time? Oh, yeah. I don't know why I keep coming up to Flight Plan. You know, the thing is, it's a great idea for a movie. I didn't... It wasn't my favorite execution, to be fair. But...

I love the concept of it. And that's a great thriller. Someone's gaslighting into believing that you didn't have a kid, but your kid is lost. Well, there's no fear of death there. You're not afraid of your own life. You're more just, it's a paranoia thriller. It's a remake of a Hitchcock movie. Is it? It's The Lady Vanishes. You're kidding. I never put that together.

Sure. You know what? Everything comes back to Hitchcock. It does all come back to Hitchcock. He was very good at thrilling you. Let's talk about some generational narcissism. Luant wrote in with us. Wait, I need to know if that's... Sorry, is that narcissism? Oh, I remember. Yeah, I think you made up that term a lot of times. Yes, okay. So, because when I heard it, when you just said it, I thought...

Well, like somebody's narcissism is so profound. It's like a generational narcissism. Like once every 20 years, someone is so narcissistic. Okay, let's talk about generational. Once every 20 years, there's a generation born that is narcissistic. Now we can talk about the generational narcissism. Yeah, this one had to do with everyone thinking narcissistic.

their generation was the last. Yes, yes, of course. So last episode, Craig was looking for a word or phrase to describe how every generation assumes they're the last one. He came up with generational narcissism. Here's my suggestion for another one. Temporal solipsism. We can see the past, but we can't see the future. So part of us assumes it doesn't exist.

There's a running theme here. People are just complicating stuff that we've said. Absolutely. We're actually pretty good at this. Like, we had a very good definition last time, I think, of thriller and horror. Yeah. I think generational narcissism is a little more accessible than temporal solipsism. Yeah. Yeah. Solipsism means nobody else exists. Yeah, that's the problem. I think...

The challenge with solipsism is like me as an individual is the only thing that has meaning or could ever be known. Right. And we're really talking about a cultural sense that we are all together at the end times, that we are the last generation. Thinking that you're somehow special or important is not solipsistic.

It's narcissistic. I stand by my words. All right. That said, we encourage feedback. Yeah, the subtle difference between solipsism and narcissism is something we'll get into in episode 1053 of Scribdash. You say that, and then what's going to happen is we're going to get there. Absolutely. Someone's taking a note right now. Oh, yeah. You said you would do this in 1053. You guys. You guys. You guys. Unlike Craig, I do recognize that people do listen to the show. Yeah, I had no idea. Yeah.

But we got an email from a mutual friend who was talking about running into another big-name writer who referenced a very specific thing mentioned on one specific episode of Script Notes. So can we just say who it is? Yeah, we can say who these writers are. I mean, you could say who both of them are. So it was Taffy, brought us her Ackner, and she ran into the living legend, Tony Gilroy. Now, I'm still suspicious. I don't think Tony Gilroy...

He listens to... I don't know. Well, he listens to at least the Moneyball episode because he referenced a thing that was specifically mentioned in the Moneyball episode. Somebody probably said, hey, go listen to the Moneyball episode. I can't imagine that Tony Gilroy was like, hold on. How do we have time? Yeah, I got to put Andor on pause for a second. Listen to a debate over what makes a thriller and what makes a horror movie. Now, there's...

an equally valid way of saying Tony Gilroy was eating at a restaurant and ran into the legendary Taffy Burdester-Akner. Yes, although by her telling it seemed more the other way. But that's because it was her telling him, therefore she's always going to place herself in the inferior role to someone she admires. Opposite of generational narcissism, generational core shame. Mm-hmm.

So I've never actually met Tony in person. I've been on some email chains and things with him, but I do know his brother, Dan. I've spent a little bit of time with his brother, Dan, who's a lovely guy and also brilliant.

Some pretty good storytelling genetics over there in the Gilroy clan. I guess so. Yeah. They didn't grow tall, but they grew, you know, smart. They're not short, as far as I can tell. I don't recall them being short. No, but I would say they didn't grow tall in, like, genetics. Like, let them be like, oh, they're a family of basketball players. No, no, they are not. But this is rarer, to be honest. Yeah, Tony Gilroy, that guy's good. He's good. Oof. Yeah. Yeah.

I think you learn only on the Script Notes podcast is that Tony Gilroy, the Emmy Award nominated and Oscar winning probably. Wildly celebrated. Yeah. Do you think that he's just finally figuring it out now listening to us like, I am good. Wait, I am good. You know what? This inferiority complex I've been carrying around this entire time, this imposter syndrome that I've been living with, maybe because John and Craig are saying, Tony Gilroy,

You're good. This is a podcast about how good Tony Deloroy is. It is now. It is now. Let's do some more follow-up on how Hollywood got old. This was episode 664. We were talking about how there used to be these young studio heads, and you just don't see young people running Hollywood anymore. Yeah, and so the one episode I was gone, Craig, you talked about the lack of ambition amongst young people in Hollywood today. Yes. Yes. I timed it perfectly. Script notes the producer. Yeah, because you just weren't ambitious enough to show up that day. Clearly. Yeah.

Well, a few of our listeners had my back. Okay, here we go. Alyssa wrote in. She said, I just turned 37, and while I would describe myself as incredibly ambitious my whole life, my hardcore F the Rules career ambition took off only a couple years ago. The reason this has come so late is simple. Student loans. Unlike the generation of hustlers before us, we also had monthly loan payments of $1,200. To cover this, I worked two jobs, one full-time and one part-time at night.

These loan payments almost completely exhausted the ambition out of me. I did manage to get into a production company by swinging one day a week as an unpaid intern, but they cut my position in favor of those who wanted it more because they could afford to put in more days. Everything changed when I married a man with a steady teaching job and parents who could afford to send him to college. As soon as I was able to share finances, I could drop down to one job, and just like that, my career took off.

Suddenly, I'm proud of the ways I'm figuring out how to get my work out there despite a slow market. I'm not waiting. I'm grabbing the industry by the throat in all the ways I couldn't 10 years ago. I'm not giving you excuses. I'm simply pointing out one reason why my generation may look stunted to those older than us. The drive is there. The ambition is there. But many of us are slaves to a debt we didn't realize we'd be paying for the rest of our lives when we took it on in 17.

I love when people say, I'm not giving you excuses. Here, however, is a reason why that's called an excuse. There's nothing wrong with excuses. Why did that become a bad word? I know. Why did excuses become such a pejorative? Like, an excuse is an explanation. You're excused. It's like you're pardoned of a crime. That's what an excuse is. I'm sure this is what she was hoping the answer was. Yeah.

So did you have student loans? I did not have student loans, but I went to an inexpensive school. Yeah, I had student loans. I don't know why the premise of this seems to be that student loans just suddenly popped into existence or something. I mean, they've been around forever. I'd...

student loans to pay off. They've always been there. The cost of education has gotten insane. Now, some schools, my alma mater, for instance, have eliminated all loans. They just, if you can't, whatever you can't afford, they just grant you. So there is no more loans or in my case, I had to work and pay off loans.

Sometimes when we talk about these things, there's a temptation for somebody to go, whoa, I'm being judged. If I'm not in charge of a studio, then you're telling me that's my fault because I'm not ambitious. That's not why. Here's why. Almost no one can be in charge of a studio. So I just want to be clear.

This is not about you. This is about us in the aggregate. Yeah, I think we're also talking about slightly different things. We're talking about aspiring screenwriters versus aspiring, like, I'm going to run a studio. One thing is I think we were, I don't remember sort of exactly what we talked about, but

The same young people who were running studios back in the day, I think are not working in this industry. I think they're working in tech and they're working in other places. That may be true. And I think that's the missing piece that I'm finding here. A lot of variables. But I think part of the problem is a self-perpetuating cycle. When you look and see who's running a studio, that's who you presume should be running a studio. And in this case, it's a bunch of people.

who are our contemporaries. So Donna Langley, for instance. And people who are 23 are going to look at Donna Langley and go, right, so you're supposed to be Donna Langley's age when you do this. You're not supposed to be mine. But there did seem to be a little bit more flexibility and...

attraction to wunderkinds. You know, another thing that probably made a huge difference that has nothing to do with ambition is how Hollywood is owned. Because when we entered the business, a lot of these studios were still their own companies. And they hadn't become the massive international multi-conglomerates.

In that case, risk aversion starts to set in. So if you're just Columbia, why not? Wing it. Go for it. But if you are part of the Sony corporation, maybe not.

It's also reminding me of the conversations we had around Pay Up Hollywood and all the issues of those entry-level jobs being so woefully underpaid in Hollywood and the work that we did to try to make sure we were increasing those two survival wages is that the two jobs Alyssa was taking, she should have been able to get one job in the industry that was able to cover her rent and give her the experience that she wanted. Yes.

increasingly, you know, for a period of time and still today, it's really challenging to do that so that people who can afford to take those jobs, that's not the breadth of people we would love to see rise up in the industry and kick ass.

Yeah, I completely agree. And life is complicated now. There are a lot of bills that you and I never had to pay. We never had an internet bill. Yeah. We weirdly had phone bills. Yeah. They were so much cheaper than like cell phone bills. We also had long distance though. Right. Which is a weird thing to pay for separately. That's why we never called anyone. Or we would make all our calls at work. Press nine to get an outside line. Oh, yeah. Sneaking in. Did you ever get in trouble for making long distance calls at work? I did. I did.

But I do remember like a friend calling me who like had like figured out like a scam long distance calling card number. And so he was just calling me because like he didn't really necessarily want to talk to me. He just wanted the scam ability. Yeah, free minutes. I got to talk to somebody or I'm wasting my crime. Yeah, I remember getting called into the office in my first workplace, just a small advertising company. And they were like, you, your extension, you've called a number of these and this is, you know, it's added up to $40 or $50. Yeah.

Which, you know, as a percentage of my weekly salary was significant. So it was a real problem. Now, Drew, does any of this resonate with you? Because like you grew up in a time sort of post long distance, but you were living overseas. So there probably were still costs for calling home. I'm trying to think. No, I had Skype by the time I was overseas. So Skype was basically free. So what were you stealing from work then?

Pens. Pens. Like physical things. Yeah, pens. Yeah, it's just not worth as much. Drew, you might have been stealing funds. Just fully embezzling. Yeah, absolutely. Funds? Yeah. I was stealing funds. Yeah. We had a writer from Australia write in to say that sort of the opposite phenomenon was happening there. Ooh. Yeah, Anonymous Down Under says, the situation here in Australia is an interesting flip of this.

When the major international streamers all set up shop here over the last three to five years, they uniformly put young, relatively inexperienced people in charge of their Australian branches. This, in turn, uniformly pissed off all the established producers and creators because they felt, sometimes legitimately, sometimes not, that they were pitching to someone much more junior than them. On a more existential level, we had all these Gen Xers suddenly terrified that they had been superseded before they'd had a chance to achieve anything.

As it turned out, all the major green light decisions still got made out of the U.S. anyway, and everyone got used to the idea that a young person might actually have some good ideas after all. Well, so damned if you do, damned if you don't. Obviously, everybody's cranky about everything. One of the things about a limited resource industry is

is that people will immediately start blaming each other for the reason why they're not getting the resource. The reason they're not getting the resource is because there aren't enough, anywhere near enough. So in this case, we're talking about writing jobs or getting a show on a streamer. It's a one in a million shot anyway. So yes, you could blame the young person. You could feel it's an indignity. I think if you're in Generation X and you're saying,

this has happened before I even had a chance to do something, you're in your 50s. Yeah. So, you know, we got to sort of start to shuffle aside for the kids at some point. The first time you're working with someone or for somebody who's younger than you, it's a little bit jarring, but you sort of get past it, you get through it. Yeah. I also think that

If somebody's smart, it doesn't really matter. I think it's kind of cool. I also think sometimes when I'm working, I've been in situations where I've been writing something and I mean, there's a couple of executives that actually all the executives that I work for at HBO, I think are a bit younger than me. One of them is very young. And I never think like this is nonsense. No, I just think sometimes it's a benefit because when I was 26 and the person I was working for was 50,

You know, they kind of looked at me like, you're a kid. And I looked at them like, you're my dad. And now I think sometimes people that are younger are like, oh, here's the kind of calming older presence here who's been around a lot. And it's a little harder for them to say, you don't know what you're talking about. You know, I mean, but...

I don't mind it. No. Do you have any weirdness? No, I think sometimes I need to watch that what I'm saying in no way sounds patronizing or it sounds like, you know, young whippersnapper, you don't know what you're talking about. Sure, yeah. Like that I know what I'm doing here, but also I feel like they're coming to me with the expectation that I do know what I'm doing in these circumstances. And so... I do think if you trotted out young whippersnapper, they wouldn't even know what that means. Yeah, absolutely. They're completely... Sorry, the what now? Absolutely. My Monty Burns sort of... Yeah, the jumping on TikTok...

What is whippersnapper? Yeah. Hot back of my stagecoach. Even the fact that I said jumping on TikTok. God. Yeah. Cringe. My kids could hear me now. They'd barf. There's really nothing more cringe than cringe though. Cringe is the cringiest.

We're recording this the day after Thanksgiving. Yeah, so this will come out a little few weeks after. Is Amy home? Did you have Amy here? No, she was so bizarre to have my kid like going to visit her friends in the UK because like, oh, it's just a long weekend. Somebody go visit her friends in the UK. Well, my youngest daughter, Jessica, is here in town and we combine Thanksgiving with another family and they have three daughters. One is in the UK, but the two that came are both high school age, senior and freshman, I think.

And yeah, I've never felt older in my life. I mean, I was just, I actually gone so far around that I'm kind of cute. Like it's funny how out of touch I am. They like it.

Yeah, it's always fun when she'll drop a name of some celebrity. And so I can just quickly Google and sort of provide context, but I will honestly answer like, I know I have no idea who that person is. And that's cool. I think sometimes if you try, that's where it gets cringe. Like, stay in your lane. Stay in your lane, dad. Be dad. They kind of want that. All right. All right, well, let's get me fully back in my lane here because we have some AI to talk about, AI and screenwriters to talk about.

So this all blew up, now as you're hearing this a couple weeks ago. So this is Alex Reisner writing for The Atlantic.

It has this article saying, I can now say with absolute confidence that many AI systems have been trained on TV and film writers' work, not just The Godfather and Elf, but more than 53,000 other movies and 85,000 other TV episodes. Sorry, did he say not just The Godfather and Elf? Yeah, he was trying to provide, I think, the broad edges of the framework, or maybe that was related to the prior paragraph, which I omitted. Oh, God, I hope so, because what a weird way to just start.

Yeah. You know. What a lead. Not just The Godfather or House. Yeah. Okay. There. There.

These models have been trained on more than 53,000 other movies and 85,000 other TV episodes. Dialogue from all of it is included in the AI training data set that's been used by Apple, Anthropic, Meta, NVIDIA, Salesforce, Bloomberg, and other companies. Great. Great. Oh, fantastic. So you might think like, oh, they just scoured the internet and they found all the screenplays because you can find screenplays for everything. But instead, this is actually taken from opensubtitles.org. I had a feeling. And so what they do is they extract subtitles from DVDs, Blu-ray discs,

internet streams. Sometimes they're just using OCR to actually see what's on screen and they're uploading to this big database so you can like find the subtitles for whatever episode or thing. And then like,

You can criticize that for existing, but it's also useful for translations or people who want to see things in other languages. So it's out there in the world. Basically, these models sucked it up and you use that for training data. And you can see why it's useful for training data because it's just dialogue. It's just people speaking to each other. You have the context for what it is. It doesn't have all the other elements

goop around it. Yep. It's well-formed. Honestly, like our podcast is two people talking to each other. It's probably useful for training data for stuff. Great. Can we get that going for next week? So I want to talk about this like legally, ethically, philosophically and sort of how we as writers probably do feel about it and sort of what things can be done about it. Well, that second question is the fun one, isn't it? Well, let's talk about your emotional reaction to this and sort of what this makes you feel like. Well,

I think I've probably felt all the immediate feelings in the past. What I feel like now is a sense of general resignation. I feel like the guy in Tiananmen Square. No, tanks, stop. And in the end, people who aren't really familiar with that photograph don't realize that. I don't think that man died, but the protesters lost and lost permanently. I don't know how to stop any of this. I don't think it can be stopped.

We are probably baited into arguing about it. And then AI will take transcripts of our arguments and learn from them. Mm-hmm.

Yeah, so I think a lot of writers and some writer friends of ours, you know, Robert King was on some podcasts talking about sort of how he was feeling about it. And I think a lot of people are in those earlier stages and they're feeling a lot of the feelings. So I want to talk about the feelings. I think the feelings are valid. And then also talk about sort of what can actually be done and sort of how not to get baited into like the wrong fights over it. So let's start with, I think a lot of writers feel angry. And when you hear like, why are they angry? Like you'll say like, it's theft. Right?

This is theft. And so if someone steals your car, that's theft. If someone makes a bootleg copy of your movie and sells it, that's copyright infringement, which could be a criminal act. There's also

There's also civil penalties for that. But as we've talked about on the show, when someone steals your idea for a heist film set during the Iditarod, that's not really theft in the same way. And so this could be kind of closer to that third thing where it's like they're not taking your, as we've described, it's like unless you are actually taking the expression of those ideas rather than just the idea itself, unless you're using that expression of ideas and showing that stuff, it gets me very hard to make a case against it.

Well, when people talk about theft, who do what we do, my general response is,

You're talking about somebody stealing something you don't own. Yeah. Because you gave it away because you took the money. So what we do, we don't own the copyright and the companies do. It's their property. It is. And this came up when Napster came around back in the late 80s, early 90s. And then following that, all the file sharing services like LimeWire and so forth, and then BitTorrent. And everybody was panicked that everybody was going to steal everything.

And writers are upset that their residuals are going to go away. And I just remember thinking, well, if the companies that own this stuff don't care, then it's all over. But generally they do. They do. So this is one of those times where I think we get to hide behind the monster we're usually fighting. Because if there is some kind of compensation for this, it's the studios that are going to have to figure it out. The problem is some of those studios, I think,

don't care apple i don't think they care i don't think they care i don't think amazon cares

I think they're probably into it. I think they're probably sitting there going, what if we could replace all these people? Now, if that happens, if the studios are willful collaborators in this theft so that they can enable the tech industry to replace all the humans, then nothing matters anyway. It's over. Well, a model of an industry coming up and sort of pushing back against this, we were listening to those examples of songs that were generated from like trained, like AI models that listen to a bunch of songs and could recreate it. Like,

Give me something that feels like a surfy kind of thing. It's like, oh, that's exactly a Beach Boys song. It has the lyrics of a Beach Boys song. Those things, those examples are so clear cut. Yes. Much harder to find examples of that in our text. Doesn't mean we won't happen, but it's harder to do this. And so that's going to be the interesting thing if they decide to go after it, which they might. Yeah. And for the case of songs...

Artists do own the copyright to the publishing, to the lyrics and the music itself, not the recordings, although some artists do. So it's a more complicated situation. And individual stars can go after these people, I suppose. Taylor Swift could probably do that. But if people are going to go through...

Big Fish. And they're going to go through The Last of Us. And they're just going to scrape it and teach it to a thing so it could write Big Fish 2 or a Last of Us spinoff.

If HBO or Sony, so Warner Brothers or Sony, if they don't care enough to stop that from happening or sue somebody, it's happening. Yeah. Individually, we're not going to be able to do anything about it. Yeah. So let's talk about a different thing, which is kind of gets conflated with it, which is plagiarism. And so Vince Gilligan, who's on the show, was a great episode when he came to speak with us. He described generative AI systems as basically, quote, an extraordinarily complex and energy intensive form of plagiarism, which

which is such a great quote for this. Yes. And plagiarism is interesting because it's not a criminal thing. Plagiarism is a moral thing. It's a set of rules we've agreed upon. And so institutions will have ways to enforce, to define plagiarism and enforce them. So plagiarism is generally representing someone else's ideas as your own without proper attribution. Yes. If you could put a quote in from somebody, that's great. But you take away those quotation marks and the citation, that's plagiarism. Yes.

You just want to think about these AI systems as kind of, if you were to use them to generate some text, it could be plagiarized and you'd have no way of knowing that it was plagiarized. You'd have no way of actually checking to see what that is from. It could string together the words that are actually someone else's expression of that thought and idea. And it's really hard to know where it came from. Which is also the case with regular plagiarism. Yeah, it is. I mean, plagiarism is immoral for that very reason.

AI doesn't pretend to not be plagiarism. They advertise their plagiarism. That's the whole point. Well, I would say the plagiarism, though, is, again, it's the taking someone's idea and saying that it's your own. Which they do. Because, look, when the Beastie Boys put out Paul's Boutique, and they originally had Paul's Boutique, they just didn't credit all the 4 billion samples they made. And everyone was like, yo, what?

there's A, the legal question of whether or not you can use this, but B, you're kind of pretending you made this. Yeah, to me, Paul's critique though, there's a legal question there because of sampling, because you could say like, this is directly... It was both. So there was a sample there and that was a whole legal thing and they did have to end up crediting all these people. But there was also just an ethical plagiaristic question. Do the Beastie Boys, are they representing that they came up with this groove? Like, are they out there saying, look, now, Paul's critique's awesome.

And they didn't want to plagiarize and they did say, okay, sure, we'll do all this. They were young and they didn't really care. I think that, yes, AI is essentially plagiaristic because...

the detailed training when you say, okay, I'm going to feed you every Robert Frost poem. Now give me a Robert Frost poem. It's give me the Robert Frost poem. And the generation of that fake Robert Frost poem is the plagiarism. Yes. Yeah. And so it's the output that is plagiarism, not the input that's plagiarism. And so that's one of the distinctions I want to make here is that training the model may not actually be, it may not be plagiarism. It's the outputting anything from it

No question. No question. Now, if AI had an ethical component to it, which would have to be imposed by law to identify everything that it did as AI and to say, this is not a Robert Frost poem or somebody that's writing poetry that sure is awesome like Robert Frost, but rather this is an AI emulation of Robert Frost. Fine. I get that. I think that's probably not plagiarism because it's about acknowledgement.

Well, except like if we say it's not a Robert Frost poem, but it would say like you'd have to cite the source of where it's coming from or at least... I don't think so. Yeah. I think that like specific citations is about academic rigor. Yeah. But...

The key with plagiarism is to say, I'm acknowledging that I borrowed this and this rather than trying to pass it off as my own. So if you acknowledge it, I think you're out of plagiarism town. And you're also opening yourself up for people to properly evaluate and say, okay, you didn't actually just do this by yourself. You read every single thing and then did this. And I think, honestly, if a human reads every Robert Foss poem and then writes a poem as an homage, that's not plagiarism.

But the fact is there is not a human involved. And since it is only the text and nothing else, right? Like no life experiences or anything. It just gets much clearer to me that it is. All right. So getting back to the feelings of all this, we have this is

This is theft, this is plagiarism, or this is training something to be a replacement for my work. And that I described initially as the Nora Ephron problem. Like imagine you fed all of Nora Ephron's scripts into one of these systems and say, now give me a new Nora Ephron script. That feels really wrong. And it will continue to feel really wrong for me because you are taking a writer's work and generating just a fake version of Nora Ephron in a way that's calculated and feels gross and

And Nora Ephron is no longer alive to be competing. But like, I am alive and you are alive. So if they say like, okay, here are all these John August scripts, give me a John August script. I'm suddenly competing against a version of John August who can work 24-7 and generate a million different scripts. And that's unfair competition. And that's what, you know. It's not competition at all. You've lost. Yeah. And this is where I sort of stand aside, I think, from a lot of people when they're like,

Because the silent phrase that is in front of, they're training our own replacement is, you don't understand. Oh, no, I understand. What am I supposed to do about it? There's nothing I can do about it. I mean, we can all be John Henry in trend. Like, look, I can pound these...

These railroad ties or whatever he was doing as fast as that steam engine. John Henry died at the end of that story. Steam engine goes on pounding the railroad spikes. John Henry is the 10 minutes work. John Henry. We are all John Henry here. There's nothing we can do. Yes, people say these things like if only people understood that we were training our own replacements, they would rise up and what? What would they do? Yes, like when you say it's calculated and it feels gross.

Yeah, that's what corporations do. That's how we got Lunchables. You just described capitalism. Right. That's the whole thing. That's why they're successful. They don't have the qualms that regular people have. And if it is going to happen, it's going to happen. And if it's going to happen, it's because it's what people want. In the end, this is all driven by marketplace. And if people...

go, you know what? Actually, I'm fine. Oh yeah, give me AI friends. It's fine. I'll watch it. It's fun. It's almost as good as the real thing. In fact, it's better. Then we're done. But I want to separate two things out there. So giving me AI friends, like our work isn't just being trained to create the fake versions of what we do. It's actually being trained so the models can do all the other stuff. Sure. And so like having Alexa be able to speak back to you in a more natural way

does come from all the training that's been done on dialogue. And so it's not just about directly replacing the work that we've been doing. It's part of a bigger... Yes. Also, we may encounter something that AI does that was prompted as, give me a romantic comedy written in the style of John August that you will watch and not know it was prompted by that. It will seem original even to you. Yes.

If these things are to pass, then it's over. And the whole reason copyright law exists in the first place is to protect artists so that there can be some...

The best argument that we can probably make against AI at some point is, if you do this to the extent that this is no longer a job, you're going to run out of stuff to train them on. They're just going to turn into a loop of self-training and it will flatten out and go nowhere. Maybe. And that's a strong possibility. But it's a question of when does running out of that data really happen?

the progress and is there a different way that they can progress beyond that? Because at a certain point, it may not matter that much. And then it really doesn't matter. Well, let's summarize sort of like, I want to sort of validate and sort of sit with like, what are the things

what it feels like to be a writer in this moment. You can feel anger and indignation because this is a violation. This is a theft. It feels like plagiarism. That sort of sense, like if you'd asked me whether you could train on my stuff, I probably would have said no, but at least you didn't even ask me. It's not yours. It's not mine. But in some cases, some writers, it is their stuff. That is a different deal. Yeah, that's a different deal. I think writers feel threatened that this thing could replace them. Sure. And also powerless, which is what you're describing there. It's like...

In the sense that we have no agency in this fight. We don't. We don't. But I want to propose a thought experiment. Like, let's say that you're one of these writers who's feeling all these feelings, but you were able to peer inside the LLM and say like, oh, wow, actually, none of my work was used to train this. If you actually realize like, oh, none of my stuff is there. And if in the case of this most recent thing, anything written after 2018 isn't in there. Mm-hmm.

Does it really change how you feel? No. It doesn't. So that's why I think they're training the model based on my stuff isn't necessarily as big a thing to be focused on. It's not an objection over an individual violation. It's an objection over how our vocation is being viewed, treated, and used. Yes.

If they can do it to you, that means they can do it to me. So there's a little bit of a kind of selfish concern in there. But mostly it just feels wrong. Yeah. And unfair. And I suspect we're all looking at each other the way that welders did in Detroit right before the robots wheeled in. What can you do, though?

And this is one area where I think we have to all look at each other and realize that we are collectively complicit in creating the marketplace. We want to blame corporations.

So I can say, yes, corporations don't have qualms. They have no problem sitting there and injecting thousands of chemicals into something to create the Lunchable, which is, I just, I'm obsessed with Lunchables because I love the name. Yes. I've never had a Lunchable in my life. I know what they are, but I've never eaten one. It's terrifying. Yeah. But here's the thing. People like Lunchables. If they didn't,

then Lunchables would have failed. The corporations are venal and greedy and have no morals, but it's only in pursuit of giving us what we seem to want. Now, the consumer base a lot of times is not aware of what they want because there are things they don't know they want. Absolutely. There are things that haven't existed yet that they were just unaware of and then suddenly, boop, there they are and then everybody goes crazy over them.

But yeah, this is kind of an us problem. We like cheap things. We like cheap things and we like things fast and we like variety. Yeah, we'd rather have sugar than a difficult to digest thing. I are wired for that. And so I think sometimes this stuff that comes out of AI does feel like sugar. It's like it solves this immediate hunger really quickly. You know, we play D&D every week. We typically will have Doritos. Cool Ranch Doritos.

Incredible. I mean, that group... What an achievement. That team of scientists should get a Nobel Prize and also probably be put to death for what they have done. But that flavor powder is astonishing. Incredible. To this day, I mean, and it's been decades now, but I still remember when that blue bag came out and I was like, you know, what's the new thing? Craig, you and I are old enough that we grew up in a time when ranch dressing became a thing. It was, yeah, ranch dressing was...

was the proprietary dressing of Hidden Valley Ranch, an actual ranch. Yeah, so amazing. Yes. Incredible. I know. All right, let's talk legally and philosophically this moment that we're at. So legally, the copyright questions are still TBD. So it's unclear whether it's fair use to ingest this material. Right.

And I would separate the ingesting material versus outputting stuff that was based on material. We don't know whether material generated by LLMs can be copyrighted. Right now, no-ish, but it really becomes a question of like, well, how much of that was outputted from this model? That's tough. There are going to be situations like the music examples before, which are just so blatant that, well, of course that's a violation, but other stuff could be more subtle. The question legally whether this is unfair competition, restated trade,

It's a live ball. I don't see the FTC being able to, the FTC and the new administration, I don't see them tackling this. Any administration, it doesn't matter. They're not going to move fast enough. Yeah. So every week this changes and the gears of federal justice are glacial. The legal venue that may make a difference, if any venue will make a difference, is Europe. Agreed.

Now, Europe, they're pretty severe about data protection. They're pretty severe about advertising online and representations, truth and so forth, and clarity, misinformation. And I could certainly see them getting pretty deep in on this and pretty quickly. If you are Google, you don't want to just not be able to be in Europe. That's a problem. That's a problem for all these guys. So that becomes an issue. But here's the thing.

Europeans like stuff too. Also, I think we have this sort of understandable big corporate Western bias, but like the same technologies that made OpenAI or made Cloud or made Google can be done in China, can be done in other markets, and like they exist free. There's other models out there. So like the genie's out of the bottle. Yeah, the only thing that sort of...

kind of centered on us in the West is that we are making a lot of content for the globe. It's one of the few things that America makes that is devoured internationally on a large scale. Obviously, there are huge entertainment markets overseas like in India and China. But if you compare, for instance, how many movies or television shows come out of Europe as opposed to the United States, it's probably not even close.

So yeah, it's still, it is kind of a thing. I don't honestly know where it's going to go. All I know is that we're going to yell and scream about it a lot while we are conveyed towards our destiny. So just imagine all of us on a moving platform yelling about it and debating what we should do and where we should go. And the platform just keeps moving, just keeps moving.

towards its final destination. Yeah, one of the other big challenges legally is you think about, oh, there should be a court fight. Well, who is the injured party? Is the injured party the original writer? Is it the copyright holder? Is it society as a whole? No, that's not, the society as a whole has no standing. And like, what is the proper court to even be deciding this in? We obviously think about sort of US laws, but like... It would be almost certainly federal because that's where copyright law is.

The companies that own the IP, that's what intellectual property law is designed to do. But again, so like if they tried to go after that this was used, the ingesting portion of the phase, I think they're not going to win. They have to be able to show the output phase as being a problem. Which they would, but the amount of time it takes to do all that. And again, while you're doing all of it,

It just keeps going. And then the threat of a settlement keeps growing and growing. And who are you suing? Are you suing Google? Yes, yeah. Okay, well, if you're suing Google, that's fine. Let's say you're Disney and you're suing Google. At what point does it become easier for Google to just buy Disney? Where do we think Apple's priorities are? Their handful of shows or?

or their massive tech business, you can kind of see the writing on the wall here. Let's move aside from legally and think sort of philosophically and morally. Is it legal to scrape the internet? Is it philosophically moral to scrape the internet? Because really Google did this to create Google. Like Google searched everything. And it's impossible to actually Google the answer to like, was it a controversy when Google scraped the internet? Because I'm sure there were people who were freaking out about that because like, wait, you're reading my stuff and like processing it and serving it up.

It's not the same thing, but it's analogous to the same thing. Well, they were crawling and collecting, but they were really just collecting links, right? So here's a link to a page. And then they were seeing how many other people linked to that page. That was their big page link. That was their big... Yeah, well, they had to know what was on the page and do a bunch of sorting on that page to figure out, like, what is this page really talking about? Right, yes. And...

I don't know if that was considered controversial at the time. I think everybody was just thrilled that search worked. And of course, people that were making content on the internet, businesses in particular, were

We're so excited that there was a way for somebody to find it. Yeah. Because it was useful. Yeah. Because when you put stuff on a webpage, then how did you get people to go there? By giving them this endless long link that started HTTP. Or getting Yahoo to put it in the big category. Right. The big, you know, catalog of everything. Yes. The phone book, right? So I don't know if anybody complained then. Is...

everything on the internet or handing it over to something, no, it's perfectly fine. To me, that's no more illegal than reading a book. And I think philosophically, reading in quotes and copying in quotes, how we feel about them really depends on where we're sitting because I think the AI technologist will say, it's reading. It's reading. It's reading. It's just, it's reading a thing. And there's like, oh, you're making an illegal copy. Well, every webpage you've ever visited is a copy of that webpage. You're not actually pulling the original webpage. Correct.

You don't make anything until you make something. So if you said to people, listen, I'm building a large language model and I'm going to have it read everything you ever wrote, but it's never going to write anything itself. It's just reading because it likes to. And if you want to come over and talk to it, you can, but it's not going to write anything. Who would have a problem with this? Yeah. Some people would have a problem, but most people would not have a problem with it. Yeah. Interesting counterexample here is Google Book Search. So Google scanned a

hundreds of thousands, millions of books. And then it would show you a little excerpt from that book. And authors argued like, it is taking away the value of my book because people can find what they want on that little book search and not actually have to get the book itself. I'm sure the book publishers would disagree and say, oh no, no, no one was finding your book. Nobody was buying your book. Now 80 people bought it because...

Google book search kind of led them there. But again, copyright's a different situation there for novelists. For us, we are at the whims and mercies of the companies for whom we work. And they are either in various levels...

identical to tech because they are those companies in bed with them or floating out on their own. And the ones who are floating out on their own, I think are the ones that are terrified right now and probably looking for a tech buddy to join up with. Yeah. So I'm hoping we still have some listeners who are still outraged, who feel like this is outrageous and something has to be done because I would then prompt three questions. First off, what do you want to see done? Who do you want to see do it? And would the strategy be effective? Yeah.

So what do you want done? Do we want to shut down any model that's been trained on this data? Do we want to compensate the writers whose work was included? Do you want to ban the future use of training off this or similar materials? Those are things you could ask for. You're shaking your head. I don't think they're achievable. No, they're not achievable, nor would they even be enough because...

Technology is just going to get around that. It's like water. It's going to figure out how to get where it needs to go, even if it has to carve a canyon through rock. So, oh, we didn't train it on your stuff. We train it on this stuff that was trained on your stuff by somebody else who's out of business now. So you can, but there's, but that was free leave. There's so many ways for these companies to engage in effery. That's F-dashery. Mm-hmm.

I think we're just kidding ourselves. Yeah. Honestly, I feel the same way I kind of feel about the pandemic, which is that I feel some people who are so outraged and angry, it's like, well, they want a time machine. And there's just not a time machine. I can't take you back to a time before the pandemic. Yes. And I'm sorry, you might have voted for this person because you believe it's somehow going to take you back to 2019, but it won't. And we're still here. Yes. Yes.

And now more than ever, I think it's important to engage in the serenity prayer when we can. Worry about the things I can control, to paraphrase. Yes. So what's in our control? In this instance, the only thing, as far as I can tell, that is in our control as writers is

is whether or not we assign copyright to another company of material, original material that we've created. That's it. That's the only thing in our control. And that has always been the only thing in our control. Even as a union, that stuff, that collective bargaining, it's also not really in our control. No. Yeah, I get frustrated because Kim Masters on this last episode of The Business was saying like,

I gotta believe the WGA should do something. Oh. And like Kim. I mean, I love her. She's smart and everything, but the WGA is not going to be able to do it. First off, everything that kind of could have been done, we did and we sort of did first. And so writers are human beings. Material generated by LLMs is not literary material. Writers cannot be forced to use LLMs.

We are negotiating a contract with our employers. As far as our employer relationship, I think we've done everything we can. We should defend what we've done. Yes. And make sure we don't lose those protections. And we can expand it as maybe some effery occurs, but the WGA isn't Batman. No. Right? Like, all they can do is control that contract. If the companies arrive at a place where they can create literary material that is

of the same quality or God help us, better than the stuff that we make as humans. There is no more WGA. It doesn't matter. What are we supposed to do? Just argue over a contract that employs nobody because they've got the robots doing it? I just think when somebody says the WGA has to do something, they're kind of almost setting up

someone to blame. That's really what I do feel like because it's like, listen, so the strike was not about this, but was also, was partially about this. I testified before the Office of Copyright and before the FTC. Our president testified before Congress. Do you want us to like enter in a giant lawsuit against somebody? That's going to waste a bunch of money. Yeah, it's not going to work. And while we're doing all of that, what will be is what will be. We don't like these things, but if the rest of the world does,

We lose the vote and the market votes with its money. So I want to make sure we're focused on what things we can control. So as a writer, you have the choice of what technologies you're going to use and what technologies you're not going to use. And you can be smart about those things. It's also, I think, good to like make a set of policies for yourself and stick to those policies. If you were never going to touch one of these systems,

God bless you. Stick with that and make a plan for that. We should continue to fight for the protections that we already have. We need to sort of keep ourselves educated about these things and defend the idea that art should be created by human beings is a noble thing to keep fighting for. Set professional standards for ourselves and others. But I just think this is a dumb hill to die on and it's going to be a distraction from actual meaningful fights about sort of the future.

the future of our labor. Yeah, the thing about hills to die on is you got to have a chance to not die. Yes. This hill, this is a death hill, right? So it's not that we don't think it's important enough to fight for. Mm-hmm.

But there are things where you can just tell. It's not, this toothpaste isn't going back in the tube. In fact, we're not even sure what's about to come out of the tube. We have no idea. All we know is it keeps coming day by day. And what's going to happen is we're going to take our stands and we're going to be angry and we're going to say our things. And then, you know, somebody that we really know and like is going to be like, by the way, I just had this incredible interaction with AI and did this thing and it's great. And it actually is super. And culturally, just watch. Because...

What are you going to do? You're going to just yell at cars all day long because you really loved horses? Yeah. It's not going to work. So when it comes to protecting artists, I'm afraid that in our line of work, not painting or songwriting, but in our line of work, television and film, we are subject to the vicissitudes of our employers and their employees.

varying interests in whether or not they want to defend their own intellectual property. That's what we got. Yeah. I think if you were to take all of our work out of the models, everything that a W.J. writer has ever written and pull it out of the models and permanently ban it from all the models...

The models would be slightly worse. A slightly worse AI would still at your job. Yeah, and maybe they would just get to where they were going to get a little bit later. A month. Well, that's the part that's really upsetting. Yeah, this has been something that has happened throughout history. Typesetters. Typesetters must have been really pissed when word processing came along and just automated that whole thing. It's just, this is what happens. Elevator operators. Which is why I love New York. Yeah. Because they're still like, you know what?

Every now and again, you walk in an elevator, there's a guy. Yeah. Hopefully we'll make it. I don't really think there is an example in history of anything like this. Yeah, it's different. This is different, which is terrifying. And what is also terrifying is how blithe everybody is as they run around and run toward it. And yet everybody seems to understand that it's happening. Mostly people seem to be shouting at each other about it.

Which, if I were a conspiracy theorist and thought that AI was trying to take over the world, I would suggest that AI had been doing a brilliant job of turning itself into the distraction that we all yelled about while it quietly ate our lunch. Bubbles. Bubbles.

let's answer some of those questions. First, we have one from Jonathan about finishing work. Yes. Jonathan says, do you think that every screenplay should be finished no matter what? If you're working on a script and realize that it's not good enough to become a movie, is it better to finish every script regardless so that you make a habit of actually finishing your stories and not normalizing quitting? Or is it better to drop a story when you realize it's not good enough? Normalizing quitting? Normalizing quitting. I love the kids. I think that if you are...

early on, this is your first or second script. Yeah. Get to the end. Get to the end. Finish it. Know what that means. Even if you see by the time you finish it, why it was not meant to be finished. But if you, if you're got a couple behind, if you ever finished any screenplay and you're writing a script,

And you're like, oh, no. Yeah. Normalizing quitting is just not working. Ball it up and think of it as a really, really aggressive rewrite. Yeah. Where you're rewriting into something else entirely. Yeah. I think it's important to finish a script. And so Craig and I have our feature bias. So we're thinking about a 120-page script, which is a long thing. Listen. Yeah.

that could be months more of work. So I don't want you to kill yourself over something that saps all your will to live to finish this thing. If you think it was a bad idea, it's a fundamentally flawed premise. But it's also important to realize that writing is just hard. And at a certain point in a script, everyone sort of goes through that crisis of faith in a project. It's like, I don't know how to do this thing. I'm...

it's the worst idea. I should never have pursued it. Yeah. That's why I think if you have one finished, then at least you know what it means. And you know what it feels like. You know what place on the second script and third script, you're like, oh yeah, I recognize this feeling. That's not the end of the world. I think default to finishing, but it's not quitting. It's making an executive decision about your artwork. Yeah.

Let's answer one more question. This is from Brett, who's had his first contract. Brett writes, I've been quote-unquote hired to write my first assignment. First, thanks so much. All along the way, as producers argue and the director gives notes, your voices have been echoing in my brain, reminding me that my job is to make everyone feel heard and respected, while ultimately protecting the movie.

Quick preface, I work in music, and I know this director from music video shoots where we've crossed paths in the past. So here's the question. This is a non-union gig. The budget is $10 million. There is IP from a well-known song and participation from a well-known musician. But because it's non-union, the producers have basically put the impetus on me to define my financial terms. I'm not cash-strapped, so I've been creating literary material without any agreement, but it's time for me to start the screenplay, and they have asked me again about pay."

I would like to enjoy in the back end success via residuals, but I assume that's impossible in a non-union production. Could I, or should I, ask for a tiny percentage of the sale? Otherwise, would you recommend asking for some amount due upon delivery of the first draft? And maybe a weekly rate for the rewrites and polishes?

So a $10 million movie is not tiny. And it feels like this could be a WJ movie if they chose to make a WJ movie. It's like, it's really easy to spin up an LLC, but they're not going to do it. So not a lot worth having. But a $10 million movie, you should be getting terms that are like what you'd be getting for the WJ film. And so what I would say is go on the WJ website, pull up the most recent contract and figure out like, what are the prices for a

a draft for a set and revisions and work off of that as your template. Like that should be the floor you're thinking about rather than sort of starting from scratch. In terms of backend, they may not kind of know what they're doing either. So there might be some definition of something that is actually meaningful. Regardless, you're going to want to have an entertainment attorney take a look at this to make sure you're signing something that's just not dumb. Yeah, I think probably an entertainment attorney here would also be helpful to provide context. Yeah. Because...

if they are reputable and they work at a firm, this is not the first time that the circumstances are risen. They can say, here's other movies that roughly cost $10 million that were non-union deals with

With non-signatories, this is generally what we try and do. We try and capture X percentage of the budget for the writer, which is very typical. Back in the day when we were doing budgets, and Drew, correct me if this is wrong, because you've done this more recently, like 1.5%. 1.5%, okay. Drew, is that familiar to you at all? That sounds right, yeah. We tend not to do backend anymore. Everyone is pushing more towards box office bonus, but...

Yeah. Well, then backend would be a trap with a company like this because the worst possible news is, yes, we grant you all of your backend requests that as worded will never equal money. So a buyout could be possible. A production bonus would make a lot of sense. Production bonus. Also, is this going to be a negative pickup for a distribution company?

part of that fee? Do we get a percentage of that sale as defined by what? You needed a lawyer. You need a lawyer real bad. But the WJA minimums would be where I would start. And a lawyer will help you with this. There's no way around that. We...

We're not lawyers. No. So we can only point you in directions of things you'll talk to your lawyer about. Yeah, like this. Yeah, like this. Money. If you're going to ask a question about contracts, nine times out of ten, we're going to be like, you're going to need to check with a lawyer. Yeah, I don't think, I wouldn't say ChatGPT would be your friend here. No. No, they've not had the on-the-ground experience with these kind of contracts. You hire an AL lawyer and you go to real jail. Yeah.

Great. It's time for our one cool thing. Okay. My one cool thing is this video I watched a couple weeks ago. This is Jean-Baptiste hearing this Green Day song for the first time. So Jean-Baptiste is an incredibly good composer, singer-songwriter, just brilliant at the piano, has sort of Stevie Wonder energy and just basically sort of can riffs on anything. So in this video, they have him with headphones on and he's sitting at the...

piano he's hearing this Green Day song for the first time he has no idea what the song is and is not told it's Green Day oh I've seen this it's great yeah it's great and so he's just hearing the vocals and drum track and he's just at the piano like figuring out like what the music leads that goes with it and it's just off the top of his head it's brilliant and just to see interesting interesting so different but completely interesting and just

You know, Craig and I both had the experience of being able to work with really talented composers who could just like, just do anything. And suddenly things are magic. Yeah, it is genuinely magic. And he is just a magician and seeing what he's doing, but also just seeing the joy he's feeling in the moment and then actually hearing the full track versus what he did. It's incredibly good. So if you just want to see the value of actual human beings in creation of art, I can think of no better example than Jean-Baptiste. Listen to Green Day. We'll put a link in the show notes to YouTube. Yeah.

Well, I also, my one cool thing derives from a video. I, like millions of people around the world, opted to make the viral mac and cheese for Thanksgiving. So this is teeny, I think it's pronounced teeny.

T-I-N-I? Yeah. I should know this. Anyway, so she had a video. It was on TikTok where she makes mac and cheese. And for some reason, and even she is like, I don't understand why, it became the sensation and everybody felt a strong need to try and make this mac and cheese. So what's different about this approach? Honestly, I just think it's a solid approach. She recommended cavatappi pasta, which is much better than an elbow macaroni.

shredding your own cheese. Sure. Because pre-shredded cheese has starch on it. And she's making a bechamel sauce and melting the cheese into it. She's making a roux. That's classic, yeah. She turns it into a bechamel. And it was nice also watching it because I cook a lot. So it was kind of cool to think, oh, a lot of people are now learning what a roux is, which is kind of cool. And some interesting flavors in there, smoked paprika and a little bit of Dijon. Anyway, I made it.

Was it good? Outstanding. Oh, that's great to hear. Like 11 out of 10 would make again. Really, really good. Breadcrumbs on the top? No. Oh, okay. No, no breadcrumbs. In fact, she was very, very adamant. Like no, get your effing breadcrumbs away from my mac and cheese. No, you just, at the very end, you just put it under the broiler for like two minutes just to crisp it up.

That's it. Like, it's intense. It's a heavy dish. Yeah. It's not an everyday food. And what's so fascinating about mac and cheese is that there's two separate categories of things. There's like the mac and cheese you're describing. Yeah. And then there's just craft. Yeah.

And like kids will love Kraft and you try to give them your mac and cheese, they would throw a fit. Well, Kraft, as we have mentioned earlier, is a corporation that spent so much money coming up with that orange powder, which is awesome, by the way. And Kraft mac and cheese is delicious. I mean, I resent it for being that delicious. But also when you look at the effort...

I mean, I will say like teeny's mac and cheese. It's a lot of work. It took a while. It's a little elbow grease getting all that cheese shredded there. Yeah. But yeah, I thought it was great. Yeah. So tip of the hat to her. She did a nice job. We'll put a link in the show notes for that.

That's our show for this week. Script and analysis is produced by Drew Marquardt and edited by Matthew Cialelli. Our outro this week is by Nick Moore. If you have an outro, you can send us a link to ask at johnaugust.com. That is also the place where you can send questions like the ones we answered today. You'll find the transcripts at johnaugust.com along with the sign up for our weekly newsletter called Interesting, which has lots of links to things about writing. We have t-shirts and hoodies. They're great. You'll find them at Cotton Bureau. You can find the show notes with the links for all the things we talked about today in the email you get each week now as a premium subscriber. That's new. And you can find the transcripts

And we thank all our premium subscribers. You make it possible for Craig and I to do this show every week, along with Drew and Matthew. You can sign up to become a premium member at scriptnotes.net, where you get all the back episodes and bonus segments like the one we're about to record on the difference between living in a simulation versus living with a creator, or if there even is a difference. Is there a conundrum? Is there a paradox there? Let's dive in. We're going to dive in. Only for our premium members. Thank you to those folks. Drew, thank you for a fun show. Craig, thank you. Thank you. Thanks, guys.