My question concerns referencing branded objects in a screenplay. I’ve read that including name-brand references should be avoided in screenplays because you would need legal clearance in order to feature them. That being said, what if my character drives a Chrysler LeBaron? Can’t I say he drives a beat-up Chrysler LeBaron? And not just as a description, but if it was mentioned in the dialogue as well.

Understandably, name brand references wouldn’t make or break my script, but I feel it adds a nice level of depth and detail to my characters if you know they like Gucci shoes and not fancy Italian boots.

I guess my question is, what are the do’s and don’ts of brand name references?

--Aaron

In a screenplay, you can do anything. You can have Ronald McDonald shank Elmo with a sharpened Barbie over a pack of Marlboros.

The trouble comes when you’re moving from the printed word to the projected image. The corporations who hold these trademarks and copyrights don’t look kindly on other people profiting off them, even if the usage is not necessarily disparaging.

So, when you set out to make a movie, someone is generally assigned the chore of getting permission to use other people’s copyrights and trademarks. These “permission slips” are called clearances. During the summer of 1993, while I was interning at Universal, this was my job. I helped do clearances for The War and Reality Bites, mostly working on props and set decoration.

How do you get permission? You ask.

A large part of the job is figuring out who to ask. In 1993, the Internet didn’t exist in anything approximating its current form, so my fingers got very fast at dialing New York information (212-555-1212) to track down corporate offices.

Once you get the right person on the phone (or email), you explain what the movie is, why you’re asking, and if they could sign and fax back the attached clearance form. As I mentioned in an earlier article, Nolo Press’s book Getting Permission has templates for clearance forms, and a lot of information about how to handle everything from artwork to music.

My assistant Chad handled the majority of the clearances for The Movie, mostly artwork and books featured as props. It’s tedious work, but not particularly brain-draining. (In fact, I wrote my first screenplay while doing clearances.)

How do you know what needs to be cleared, and what you can just get away with using/saying?

I fall back on my standard advice: as a writer, just do what’s best for the script. If that’s Gucci shoes and Chrysler LeBaron’s, knock yourself out. Don’t worry about phantom problems. Rather, focus on writing the best screenplay you can.

Down the road, when your great script gets ready to become a great movie, there will be producers and other clever people to help you stress out over clearances.

How do you handle negative comments about your creative work? I am a student, and I know that I'll have lovers and haters of my work - but how do you truly deal with negativity? I also try to remember that people like a certain genre, which may be the reason they don't like your work...but at the end of the day, what do you do or say to yourself to get through?

-HTY

Welcome criticism and use it to make your film better. However, when considering opinions, be it from friends, family, critics, or the audience it is important to keep emotion out of your reaction. You should focus on the information presented, which can often be extremely helpful.

Some directors don’t want to hear feedback from anyone. Years ago I was at a festival in Rotterdam and a very well-known director was presenting his latest film for the first time. During the film, I noticed that he was standing in the lobby of the theater. I asked him why he was not watching his film with the audience. He said, “I’ve already seen it”. So I asked, “Are you not interested in the audience reaction?” His answer was “Not in the least.” Personally, I find it incredibly educational to watch my films with an audience, even if it has already past the finishing stages. I also find that opinions from friends are quite valuable, so I try to screen the film at different stages during the cutting process. I even make up my own little “survey” sheets and ask them to anonymously fill them out. I also place a recording device in the room (either audio or video) to know at which point there was laughter, applause, etc.

When it comes to criticism from friends and family, it may be wise to consider possible “ulterior motives”. Are they saying your film is great just to make you feel better about it? Are they criticizing it because they are jealous they were not able to do it? Take extreme criticism (both good and bad) with a grain of salt. The constructive criticism is obvious and deals with details instead of sweeping generalizations.

If you have “lovers and haters” of your work, then I say good for you because that means that you are dealing with controversial subject matter as opposed to middle of the road fluff. At the end of the day, you are the only one who knows the quality of your work. If you really look “inside yourself” you will know with confidence what is working and what is not working. To KNOW that is a very important part of the job of the director.

My question is pretty simple, I hope. I have just finished editing my first short DV film (director co-writer). I had a DOP for 2 days of the shoot and wasn't particularly happy with her. I ended up shooting the bulk of the film myself (I have a DOP background in DV). I am very proud of some of the cinematography, it's probably the best I have ever shot. That's the background, my question is about Credits. Do I credit the first DOP as DOP? Do I credit myself as DOP? Both and in what order? Is this really important?

-Stuart

I’m glad you are giving this some thought. The solution is quite simple really: just contact the DP that you let go and ask her whether she would like to be credited alongside you - if you would like to credit yourself alongside her. She might decline your offer which answers your question. I was fired off a film once by a particularly nasty director: I insisted on not having a credit as I didn’t want to have anything more to do with the film! Assuming you are not in the “nasty Director” category, she might like a credit.

Order should be in ratio to the proportion of the footage shot. As far as importance goes, Credits are important as they build up the CV of any aspiring film maker, and, God Willing, the occasional small film goes BIG and then of course those involved get instant careers – at least for a while.

John August's screenwriting credits include Go, Big Fish, Titan A.E. and both Charlie's Angels movies. His current projects include Charlie and the Chocolate Factory, Tarzan, and Corpse Bride. He also maintains a screenwriting-oriented website at johnaugust.com.

Born and raised in Boulder, Colorado, John earned a degree in journalism from Drake University in Iowa, and an MFA in film production from the Peter Stark program at the University of Southern California. He lives in Los Angeles.

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