You may have heard that a battle is raging between the Writers Guild of America and many of the agencies that represent their members. This article by Steven Zeitchik does a good job of explaining the issue but if you're too lazy to click, here's the one-line summary: A lot of agencies that are supposed to get jobs for their clients are less interested in doing that then they are in putting together deals where the agency assumes a producer's role and collects on the entire revenues of the show or movie.
There is no question that this goes on. It has as long as I've been in the field which is since around 1975 and it was not new then. It's one of those things that wasn't a big issue when only a few agencies were doing it but it's become so prevalent now that it's creating problems. I have no opinion on what can or should be done about it.
There are writers who have done very well being part of packages. Your agent represents your interests but also represents the project on which you work…most of the stars and/or producers and/or directors, etc. That can be fine up to a point, that point being when your interests diverge with those of the others involved in the venture. Your agent can't really fight for you against his other clients, some of whom make way more money for him than you do.
I haven't had an agent in something like fifteen or twenty years. My old one, who was terrific, got out of the business and I was working too steadily to get around to finding someone else. I've had a couple of good lawyers who could handle what I needed. Every now and then, I meet an agent and we talk about representation but I haven't found quite what I'm not-that-actively looking for.
About ten or twelve years ago, I was talking with a producer who was then talking to the Academy of Motion Pictures about producing the Oscar telecast. We got to discussing the show and how it might be improved and I guess he was impressed with some of my thoughts and also with my general knowledge of films. He said, "If I do the show — and it's possible but not probable I will — I'd like to have you aboard as one of the writers." I thought that might be nice.
A week or three later, someone else was announced as the producer and I got a call from the guy who was now not going to fill that position. He said, "Have your agent call them and tell them I was going to hire you." Well, I didn't have an agent but a few days later, I met with one who had called and asked me to come in and talk about him maybe representing me. (By the way, I always find this kind of meeting very enlightening. I've learned an awful lot about show business by talking with people who wanted to represent me but with whom I would never in a million years sign.)
The agent talked to me about his wonderful client list of not only writers but also directors and producers, and how he had a cooperative arrangement with a leading actors agency that repped some very big stars. The modus operandi he was touting was that I would bring him spec screenplays I'd written and also properties (like comic books) that I controlled and he would put together packages involving a director client of his, a producer client of his, stars from the actors' agency and perhaps other personnel. Then he would sell the whole project to a studio or network or someone with himself as an Executive Producer. I had seen this business model before many times.
I mentioned to him about how maybe I'd like to write on the Academy Awards and I told him what I just told you. Then I asked, "Could you make the call and maybe get me set up there?" And I swear to you, he replied —
"Why in the world would I do something like that?"
So there's a perfect example of why the W.G.A. and the agencies are feuding. How it will end, I have no idea.