Agent vs. Manager? What Writers Need to Know!

In today's episode, Sandy breaks down Agent vs. Manager and the important facts screenwriters need to know.

Plus, Sandy dives deep and shares the latest details of the courtroom drama centered on screenwriter Kurt McLeod and Zero Gravity Management over an alleged conflict of interest arising from Zero Gravity Management's negotiation of his deal to write Copshop.

Copshop written by Kurt McLeod is a gritty action-thriller where a wily con artist, Teddy Murretto (Frank Grillo), deliberately gets arrested by rookie officer Valerie Young (Alexis Louder) to hide in a small-town Nevada police station from a lethal hitman, Bob Viddick (Gerard Butler). Viddick manages to get himself locked up, turning the precinct into a high-stakes, single-location cat-and-mouse game, escalating into all-out mayhem with the arrival of another, crazier assassin.

Executive Producer Kristin Overn
Creator/Executive Producer Sandy Adomaitis
Producer Terry Sampson
Music by Ethan Stoller

Transcript

0:11

Hello, my name is Sandy, the social media director for the page, international Screenwriting Awards, and your host for the Writer's Hangout. A podcast that celebrates the many stages of writing, from inspiration to the first draft, revising, getting a project made and everything in between. We'll talk to the best and the brightest in the entertainment industry and create a space where you can hang out, learn from the pros, and have fun. Hey writers, it's Sandy. I'm coming to you from Studio City, the crown jewel of the San Fernando Valley, where a new ride at Universal Studios called Fast and Furious. Hollywood Drift is coming this summer. I have never seen a single Fast and Furious movie from this enormous franchise, even though I still find myself thinking about how odd it was to deal with one of the stars of the movie. But that's me because there are currently 11 feature length movies in the Fast and Furious franchise as of April 2026. Good for them. Writers, I'm always on the lookout for articles I think you'll find interesting and learn from. And I was reading a Hollywood reporter article about a screenwriter who accused his managers of failing to tell him that the movie he wrote and sold had a substantial. Increase in the budget because a star became attached. So I'm gonna be reading that article to you, and we're also gonna talk about what an agent does versus a manager, and hopefully you'll walk away with some knowledge and understanding a little bit more about. The village you can create around you for your very best writing. Now up first, what is the difference between an agent and a manager? I'd say the major difference between a manager and an agent Are these things, licensing and union status, legal ability to work on your behalf? Uh, number of clients and most important commission rates. I'm gonna break it down. Agents are licensed professionals focused on booking work, negotiating contracts, and managing immediate employment opportunities. Typically taking a 10% commission. Now how does a talent agent even get a license? I looked this up for you guys. I had no idea. I actually never really even thought much about that before, and the bar doesn't seem very high to me. One part of this does you must apply to the California Division of Labored standards. Enforcement DLSE, submit a talent agency license application and pay$225 for the license, plus a$25 annual filing fee Requirements include a 50,000 surety bond submission of live scan, criminal background check, artist approval contracts, and proof of character references. Okay, now managers offer long term career strategy, brand building and personal guidance, often. Taking 15 to 20% commission. Again, agents are licensed while managers are generally not. in my opinion, the most important part you need to think about. Managers can attach their name to your project as producers. You know, you would think if you're struggling, you just don't care. But you also gotta think about the long game. Have you ever heard of the Brillstein company founded in 1969 by Bernie Brillstein? The Brillstein company is widely recognized as a pioneer in talent management taking. Producer credits, but it was not the first in the history of Hollywood. although it was arguably the most successful, to institutionalize the practice early on Bernie revolutionized the role of manager by transforming it from merely taking a commission, usually 15% into a. Production focused role, often taking producer's fees and backend participation by packaging his talent into projects. So rather than just representing talent, Bernie used his stable of comedy writers and performers such as those from Saturday Night Live and the Muppet Show to develop projects and serve as executive producers. I think that's the first time I recognized, or I heard of the name. Bernie uh, Brillstein was during the Sad Night live era, during the early days of Sad Night live. some of Bernie's early producing credits were he haw and the Muppet Show later as Bernie. Brad Gray now, Brad Gray, he served as chairman and CEO of Paramount Pictures for 12 years. So Bernie and Brad decided to form Brillstein Gray Entertainment in the late, I would say eighties. The company, um, they were everywhere. They became a powerhouse producing, hit films like Ghostbusters And the Blues Brothers and TV shows such as The Sopranos, the Steve Harvey Show. and just shoot me. Now, don't get me wrong, there were other agents and managers involved in production before and during the Bernie Brillstein era. There was Freddie Fields and David Begelman, Google Hy Kids who were both agents and producers in the sixties and seventies. But again, Brillstein is credited with making this management production hybrid model a standard. You know, Money making practice. Now, should you hire a manager? some writers say yes because being able to say yes, you have a manager gives you clouts, period point, blank stop sentence. You see studios have a strict no unsolicited submission policies to avoid legal liability. What does that mean? If you do not have a agent manager or entertainment attorney, or a family member that is ahead of a studio, and you send them your script unsolicited, that email package will be deleted. So having a manager that is a big gate opening up on your behalf. I think the biggest reason a writer hires a manager is that it's always been easier to get a manager than an agent. I'm sorry. That's just the way it's always been. Managers tend to take on developing talent who need career guidance, whereas agents are more selective, typically signing. Artists who are ready to work, having experience already, and you can work immediately. There's a saying in Hollywood, an agent, gets you your second job. That means you have to find some success on your own before an agent will consider taking you on. And Hey, the good news, the reasons for managers considering to sign you are. more numerous than, say for an agent if you've won a screenwriting contest. Say you have written and directed a short or a vertical series, or someone at the Studio network or a development exec picks up the phone and sings your praises or sends them a text or an email. Those are the kind of things that a manager takes into consideration and will sign you an agent. A lot of times they want you to get your first film job on your own and your first staffing position before they'll take you on. So take that all into consideration. Now. I'm going to read. The article about the screenwriter who was suing his managers because they withheld information he feels would have garnered him more money. It's from the Hollywood Reporter and written by Winston Cho, A writer's screenplay is optioned for a fee tied to the film's budget. That budget is later increased when a big name is brought on to Star. Are the writers, managers who are also producers on the movie obligated to disclose the bump and renegotiate. Their clients pay. The answer to that question could be yes. With an appeals court reviving a lawsuit from screenwriter Kurt McLeod against Zero Gravity Management over an alleged conflict of interest when it negotiated his deal for writing Cop shop, gonna interrupt myself And just give you a quick synopsis of Cop shop, which is a tough title to say, is a gritty action thriller where a Wiley con artist named Teddy deliberately gets arrested by rookie. Officer Valerie to hide in a small town, Nevada Police station from a lethal hitman, Bob Vick, and that's Gerard Butler. And I assume Gerard Butler is the big name that was. Attached to Cup Shop, which increased the budget. Now, where was I? Uh, going back to the article that last sentence Kurt Paraphrasing is suing zero gravity Management. Over alleged conflict of interest when it negotiated his deal for writing Cop Shop on Thursday the ninth US Circuit Court of Appeals reversed dismissal. Of the suit from a federal judge who found last year that zero Gravity founders Eric and Mark Williams don't have to face claims accusing them of prioritizing their payouts for producing the movie at the expense of their client. By failing to disclose that the film's budget had been substantially raised. So basically they sided with zero gravity management saying you didn't have to tell the screenwriter that the budget was increased and the legal back to the article. The legal battle started in 2022 when McLeod sued zero gravity for breach of contract and fiduciary duty, among other claims related to his compensation for co-writing. The screenplay for the 2021 movie starring Gerard Butler McLeod's pay was tied to the film's budget with a cap of 125,000, which he was initially told would be 3 million to 10 million according to the complaint filed in California federal court. He later learned that it settled at more than. 45 million after Butler came on board. I'm a very bad whistler. In Hollywood. Managers, unlike agents, are barred from producing titles in which their clients are involved. In Hollywood managers, unlike agents, aren't barred from producing titles in which their clients are involved, which I said before. At the top, writers, managers can become producers on your projects where agents don't back to the article, but there's obvious conflicts of interest. Consider a case like McLeod's in which more money. Pay to the producer manager out of a film's budget can mean less money for the writer client. In those instances, it's the fiduciary duty of the manager to put the client's interests first. Looser restrictions around the involvement of managers in the productions of titles in which their clients are attached. Are among the reason why agents are increasingly opting to go into management. There are two deals at issue. In this case. In 20 11, 0, gravity and McLeod reached a two year representation agreement, which gave the Williams. 15% of the writer's earnings and the right to serve as producers on any film made from his screenplay. McLeod ultimately wrote the script for cop shop. Under that deal after that representation agreement expired in 2013. McLeod said he reached an oral deal with the Williamsons to continue serving as his managers in dismissing the lawsuit, the court rebuffed that assertion, finding that both sides. Agreed for zero gravity alone to be McLeod's Manager in Thursday's ruling. The court pointed to evidence of the Williamson's personally agreeing to represent McLeod. Quote. McLeod presented evidence from which a reasonable jury could find that the Williamsons were parties to the oral agreement and served as McLeod's personal managers under the terms of that agreement. End quote. The court cited testimony indicating that Mark Williams best known for executive producing and writing Ozark, which coincidentally was created by Bill Dubuque, who is a grand prize winner of the page. International Screenwriting Awards. Back to the article, discussed his dual role as manager and producer on Cop Shop, his listing as a manager on the Writer's Guild of America website, and evidence that he conducted himself in that role. For the movie. The ninth Circuit panel concluded that McLeod could have obtained additional compensation had he known of the increased budget. The Williamson's, for instance, had the option of tapping into their own producer's fees, possibly netting, McCloud, hundreds of thousands of dollars more. The legal saga includes an arbitration with the Writer's Guilds of America over writing credits for the film over allegations that Mark Williams took undue credit for co-writing the screenplay. The guild concluded that the story by credit should be McLeod and Mark Williams while the screenplay by credit should be McLeod and Joe. Carnahan Cup Shops Director McCloud accused zero gravity of fabricating documents to credit Mark Williams as an author on the script, The only part of the lower court's ruling that wasn't revised related to the fraud claims arising out of the chain of title for the film. The appeals court found that there's nothing false or improper about Mark Williams obtaining shared by credit. Absent a settlement McLeod's claim for breach of contract, breach of fiduciary duty, and breach of implied covenant of good faith and fear dealing will be considered by a jury. just a quick thought in, in Mark Williams' defense, I agree with the Writer's Guild that he. Probably deserves a story by credit. I'm sure he read every single draft of Cop Shop and he gave tons and tons of useful notes. I'm sure he did a lot of development on the script as McLeod's manager and yeah, that means a lot. What do you think about this writers? I'd love to know whether you have managers and what you think about them and what you think about them being attached to your work. and what do you think about McLeod's situation? Heck, it sure would be nice to have someone to nurture your voice, help polish your scripts for the market. Help secure an agent for you, and act as a devoted. At the kit and I've heard grumblings on the other side, that managers take Advantage of writers that don't know what they're doing and attach themselves to projects and take a lot of credit. But again, if a tree falls in the woods and nobody's there. To hear it. Does it make a sound? I am so glad you spent this time with me, writers. I could not do this without you. Otherwise I'd just be talking to my cat, Sophie, Joe. and that's a wrap for the Writer's Hangout. Thanks so much for listening. If you enjoyed the show, please take a moment to leave us a review on Apple Podcasts. Your positive feedback will help us keep the show going so we can continue bringing you more future episodes. Remember, keep writing. The world needs your stories. The Writers Hangout is sponsored by the Page International Screenwriting Awards, with executive producer Kristen Overn, Sandy Adamides, And our music is composed by Ethan Stoller. Alexa, you are gaslighting me,