Fiction Is as Fiction Does: The 'Waco' Movie Controversy Rolls On

One essential point –- fiction -- keeps getting missed as criticisms and free publicity continue for the screenplay for Entertainment 7’s Waco movie project.

No matter how “accurate” anyone thinks it should be, a screenplay –- any screenplay -- is a fabrication, a “play” for presentation on a “screen.” And any movie made from the screenplay will be even more of a fictional representation, once the director, actors, crew and post-production specialists have added their own contributions to the finished product.

The ex-FBI agent who lashed out at the screenplay on the front page of the June 24 Austin American-Statesman certainly is free to criticize the “accuracy” of how he thinks people, places and events are depicted in the script. However, anyone who witnesses or takes part in an event will have his or her own memories, interpretations and opinions of what happened -- or did not happen. Even if a million video cameras had recorded every moment of the 1993 Branch Davidian standoff from all sides and angles, there is absolutely no way to create a screenplay that could get the standoff “right” in every person's view.

A screenplay compresses people, places, things, images and circumstances into a stylized structure with three acts. A screenplay tells a story, and that story always is fiction, even when it is based on “real” events.

Even unscripted “reality” TV shows are unreal. They are just one more form of fiction (bad fiction).

Speaking of “real,” the real result of Texas' controversial "Ogden provision" (ironically named, since Utah is the only other state with a similar, thin-skinned restriction) is that State Sen. Steve Ogden of Bryan, Texas, can take credit for creating new moving-image industry jobs…in Louisiana, Oklahoma, New Mexico and elsewhere. Those states, and almost any others including Utah, likely will have no qualms about hosting -- and profiting from -- movie, TV or game projects that portray “Texas or Texans in a negative fashion.”

Sen. Ogden got the "negative fashion" provision added to state law in 2007, the Austin American-Statesman says, "after controversy erupted around the Texas-filmed 2006 sports drama "'Glory Road,' which tells the story of 1966 Texas Western Miners, and, according to school supporters, exaggerated racism at East Texas State University."

It has been noted in the Statesman and elsewhere that classic “Texas” movies such as Giant and The Last Picture Show and TV shows such as Dallas probably could not qualify for current production incentives, because they sometimes depict Texas and Texans “in a negative fashion.” Yet those productions continue to bring tourism dollars to Texas and expand the state’s aura around the world many years after they disappeared from theaters and networks.

The Ogden provision puts the Texas Film Commissioner in the unenviable position of trying to verify the “accuracy” of fiction, a writing form in which anything goes, and to use that "accuracy" as one of the criteria for judging “negative fashion.” Some call this censorship or a state legislative attempt to override free speech provisions in the U.S. Constitution. Others just call it "dumb" and "bad business." Texas has had dubious reputations since at least 1835, yet it has managed to do quite well for itself, thank you very much.

Any movie version of the Branch Davidian standoff would be fiction. The standoff could even be staged in a parallel universe on the planet Yargon in the year 3456. But if the script portrayed “Texas or Texans in a negative fashion,” the project still might not qualify for state production incentives.

At the very least, the continuing controversy over Waco may cause many movie producers to consider spending their money and shooting their “Texas” movies anywhere but Texas, so they won't run afoul of state restrictions and state lawmakers.

As long as the 2007 “negative fashion” restrictions stay in place, perhaps the state’s famous “Don’t Mess with Texas…” slogan should be expanded. It could now include “…or We’ll Diss Your Screenplay and Keep Making Our Moving-Image Workers Cross State Lines to Find Jobs.”

-- Si Dunn

Tips for Screenplay Beginners

Do not be fooled by how simple a screenplay appears on the printed page. You may spend up to a year or more writing and rewriting a feature-length script.

Be prepared to rework each new screenplay several times. And get feedback from others -- friends, relatives, strangers, actors, script readers -- before attempting to submit it to production companies, literary managers or agents. Most producers or managers or agents who agree to look at a script often will only give a writer one chance to impress them with that screenplay. You are competing with thousands of other writers in a very crowded marketplace.

Be very careful. There are many good script services and many good producers, managers and agents. And, there are some really bad ones with clever schemes to get your money. Check out everyone and every offer before writing any checks or giving up any credit card information. (Indeed, consider using PayPal.com instead of a credit card, for more protection.)

Consider writing short screenplays first. There is a steady market for screenplays in the range of five to 15 or 20 pages. Often, these are sought by first-time moviemakers. You may be paid little or nothing for your script, but getting a script produced and seeing it on a screen (movie, TV, mobile device, etc.) with your name after "Screenplay by..." is the Holy Grail for screenwriters.

Educated perseverance is a strong key to getting a screenplay sold or optioned. Keep learning as you keep trying. And be prepared to spend years on the process of writing and marketing screenplays.

DO NOT give up your day job thinking you are going to get fabulously rich from screenplays. Sometimes, it can take 10 years or longer to make any money at all from screenwriting.

After you finish your first screenplay, start revising it. And get started on your second script, third, fourth, and so on. Producers, agents and managers may not like your first script, but they often will ask: "What else do you have?" If you don't have another screenplay to offer, you may have missed a golden opportunity.

-- Si Dunn

Waco and Branch Davidians Cited by Iran's Supreme Leader

According to "The Lede," the New York Times blog, Iran's supreme leader, Ayatollah Ali Khamenei, has cited the 1993 Branch Davidian standoff in Waco, Texas, as a reason for rejecting American criticism of Iran's response to opposition protests.

In a translation posted by Iran's Press TV, Ayatollah Khamenei stated at the end of a recent speech:

"During the term of a previous US government, eighty people affiliated with the Davidian sect were burnt alive in their compound in Waco, Texas. For some reason these people were disliked by the then US administration. Eighty people were burnt in that building, how dare you talk of human rights?"

Clearly, the Ayatollah doesn't know much about the circumstances behind the Waco standoff and its tragic outcome, just as he doesn't seem to understand much about why so many of his own people keep clammoring for fair elections and greater freedoms.

Many Americans, of course, don't know or remember much about the Waco standoff, either. One recent attempt in Texas to make a movie about the events apparently was stalled when it ran afoul of a particular clause in Texas' state incentives for moving image productions. That clause does not allow awarding state production incentives to projects that depict "Texas or Texans in a negative fashion..."

Recent rumors were that Waco would be shot in Louisiana, Oklahoma or New Mexico, where there would be no restrictions against depicting "Texas or Texans in a negative fashion...."

-- Si Dunn

Poetry Book "Anchoring" Now Available from Lulu.com

Anchoring, my second book of poetry, is now available through Lulu.com. Anchoring is a collection of poems that previously appeared in a wide range of publications, such as Rolling Stone, the Texas Observer, the Denver Post and several literary magazines. My first book of poetry, Waiting for Water, is still available on Amazon.com.

-- Si Dunn

'Censorship' Issue Remains Alive in Texas Moving-Image Production Incentives

It's pretty much a cinch now that Entertainment 7's movie Waco will not be shot in Texas.

It could never pass the Republican-inspired legislative clause that denies Texas state incentives to any kind of film, TV or game project that contains "inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the [Texas Film Commission] office, in a moving image project."

There wasn't much "positive fashion" for Texas or Texans in the 1993 shootout and standoff that left more than 80 Branch Davidians and law enforcement officers dead.

Louisiana appears to be the leading site candidate for Waco now, unless New Mexico or Michigan or some other state with strong incentives makes a concerted effort to grab the $30 million project.

Meanwhile, criticism of the Texas Film Commission's decision continues to float up in a few places. Here is one disappointed blogger's recent comments on the controversy.

Whether the producers of Waco formally applied for state incentives or not (as some of the producers' critics have stated), the controversial "negative fashion" clause remains in effect.

How long will it be before it rears up again and bites Texas' long-suffering moving-image workers on the butt? (Many of them, of course, were hoping to work on Waco.)

Many producers and production companies are now aware of the "negative fashion" restriction. They may not wish to run afoul of moralistic Texas legislators and a Texas Film Commission that has to follow the law and also rely on those same Chamber of Commerce-minded politicos for funding.

Almost any movie that can, or will ever, be made about Texas and Texans is going to come face to face with a plethora of "negative fashion" issues. And almost any other state in the nation is going to be more than happy to host a movie, TV show or game project that Texas officialdom doesn't want.

Texas' new moving-mage production incentives are helping bring some new projects to the state, and they are helping create some jobs. But the "negative fashion" restriction will end up costing the state a lot of money and a great deal of sorely needed good will in the moving-image industry.

Meanwhile, many Texas moving-image workers will continue commuting to Louisiana, Oklahoma, New Mexico and elsewhere to work on projects that could have come to the Lone Star State, if Texas was more concerned about making money than "protecting" its image (an utter impossibility since about 1835 or so).

The production incentives laws need to be changed by the Texas Legislature to remove the "negative fashion" restriction. Or, they need to be challenged in court on First Amendment grounds that they abridge "the freedom of speech."

Either way, they need to go -- soon.


-- Si Dunn

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Si Dunn's second book of poetry, Anchoring, is now available through Lulu