[Script analyst] Literary & Screenplay Consultants / scriptzone.com

Stuart M. Miller responds

I've just read all the posts on this thread which support the erroneous notion that I am a "fradulent" (sic) agent and that there is something wrong with suggesting that writers who contact me check out Paul Young's website to determine for themselves if his services are of interest to them.

First, let me point out that I have been a successful agent in Hollywood and New York for more than 40 years and have both a solid resume and excellent reputation among my peers and colleagues.

Second, I receive, via email, snailmail, fax and telephone more than 3500 unsolicited queries annually, nearly all of which come from writers who have few or no professional credits. I respond promptly and politely to all of those that provide me with a return email address, a SASE or a dedicated fax number, but I do not respond to telephone numbers.

Third, many of these queries are, to be kind, unprofessional, and often display such a poor use of the English language as to offer no realistic expectation that the writer is capable of executing a marketable literary product. Those, I simply reject with a "Thanks, but I'm not the right agent for your" response. However, sometimes I read a query which suggests that the material has potential but, in my opinion, is not articulated well enough to be marketable, or is in need of sharpening or polishing before it might be ready for submission. In those cases, I direct the writer to Mr. Young's website.

Fourth, why Mr. Young? Because I've known him for many years, have successfully represented his own literary material from time to time and, most important, have seen the quality of his analysis and suggestions for improvement of other writers' work. There are countless other literary consultants out there in the world; he happens to be one I can recommend without reservation. I feel I'm providing a service to the writers whom I direct to his site, and many of them have thanked me sincerely for it. Obviously, each writer makes up his or her own mind about whether to employ Mr. Young. I do not participate in that decision, and I DO NOT RECEIVE ANY COMPENSATION FOR THESE RECOMMENDATIONS!

Fifth, I've been a signatory to the WGA Agency regulations, and licensed by the Labor Commissioner of California, for many years; I've represented some of the most successful and honored writers in the entertainment business, including multiple Oscar, Emmy, Tony, WGA and CableAce award winners and authors of milliion-plus selling books. My credentials are impeccable and easily checkable. Needless to say, I don't appreciate being trashed by the people who have attacked me on this thread, whose ignorance and unconcern of the facts about who I am are both self-evident and self-serving.

Fair enough. A question then: What does the WGA think about you recommending such a service (no matter how much you respect or like Mr. Young), since such a recommendation certainly appears to be in defiance of this paragraph on WGA's "Find an Agent" page?

http://www.wga.org/ (WGA menu bar, then to "Becoming a member, then to "Find an agent")

WGAw "No Fees" Policy: Guild policy prohibits an agency from appearing on this list if it charges reading fees or similar fees as a condition to read literary material. Such literary material includes but is not limited to screenplays, teleplays, telescripts, stories, treatments, bibles, formats, plot outlines, breakdowns, sketches, narration, non-commercial openings and closings, long form story projections and/or pilots--including all rewrites and polishes thereto. Please contact the Guild at (323) 782-4502 if you find that any of the listed agencies charge reading fees or similar fees for this type of literary material. The WGAw "No Fees" policy also applies to agencies that refer writers to entities which charge reading fees or similar fees. NOTE: Some agencies on this list charge reading fees or similar fees for other forms of literary material (e.g., novels or plays).

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Note that I am not saying you are scamming people, I am just asking you to specifically defend this particular action on your part.

(And by the way, I would not have waded into this again except that I received an e-mail to my business e-mail account from Mr. Miller this morning asking me to check this thread out, although I'm not sure how he got it. So, here I am...)

Stuart M. Miller responding again

Betty: I think you'll find that the intention of the WGA's "No Fees" policy is to discourage agencies from charging writers a fee simply to read and consider their work for representation. Neither I nor Mr. Young are engaged in that practice. I charge only Guild-regulated commissions when I perform agency services for WGA members and Mr. Young does not charge a so-called "reading fee"; he provides a detailed review, analysis and advice for a fee, and he only does so if the writer elects to employ his services with full advance knowledge of how he works and what the writer can expect from him.

As to what the WGA thinks of this, I can only tell you that, notwithstanding the apparent complaint issued by at least one of the writers on this thread, the Guild has never contacted me on this subject, nor do I think it likely that they will. Obviously, there are some disgruntled, unrepresented writers out in the world who have their own agendas, but I'm not scamming anyone and I'm not breaking any WGA rules.

FYI, I got your email address by following the appropriate links on this site. smm
*******************************

Fair enough. A question then: What does the WGA think about you recommending such a service (no matter how much you respect or like Mr. Young), since such a recommendation certainly appears to be in defiance of this paragraph on WGA's "Find an Agent" page?

http://www.wga.org/ (WGA menu bar, then to "Becoming a member, then to "Find an agent")


WGAw "No Fees" Policy: Guild policy prohibits an agency from appearing on this list if it charges reading fees or similar fees as a condition to read literary material. Such literary material includes but is not limited to screenplays, teleplays, telescripts, stories, treatments, bibles, formats, plot outlines, breakdowns, sketches, narration, non-commercial openings and closings, long form story projections and/or pilots--including all rewrites and polishes thereto. Please contact the Guild at (323) 782-4502 if you find that any of the listed agencies charge reading fees or similar fees for this type of literary material. The WGAw "No Fees" policy also applies to agencies that refer writers to entities which charge reading fees or similar fees. NOTE: Some agencies on this list charge reading fees or similar fees for other forms of literary material (e.g., novels or plays).


Note that I am not saying you are scamming people, I am just asking you to specifically defend this particular action on your part.

(And by the way, I would not have waded into this again except that I received an e-mail to my business e-mail account from Mr. Miller this morning asking me to check this thread out, although I'm not sure how he got it. So, here I am...)

Some Miscommunications

I've spotted some miscommunications in this thread. Note that I'm not defending Mr. Miller, or attacking him, or anything else; I'm just trying to ensure that criticisms made are within the boundaries for those criticisms.

The WGA provides no protection at all for prose writers. End of discussion. Its brief is limited to dramatic properties—for stage at WGA(e), for film and TV at WGA(w). It is (sadly) far from uncommon for WGA-signatory agents to charge reading fees, etc. for prose works. I believe it an inescapable conflict of interest and poor practice; but it is neither illegal nor fraudulent per se.

It appears to me, though, that some of the writers who have contributed to this thread may be assuming that their prose is somehow subject to WGA rules that explicitly restrict themselves to dramatic properties.

<> Finally, a note to all of the agents out there who might be grumbling about this general response: It is completely inappropriate, however customary and perhaps even within the letter of the rules, to refer a writer to a single outside consultant, particularly if the agent is aware that the consultant charges for that fee, unless the referral is done on a "such as" basis ("You may wish to consult an experienced script consultant. I have sent writers to X with good results in the past, but of course no result can be guaranteed, and there are other experienced script consultants, too."). Note that even if the agent doesn't receive a monetary kickback for a referral, cross-referrals of business may constitute "compensation" that might rightly draw the attention of a nasty ol' lawyer like me. This is a constant bone of contention between lawyers who actually practice publishing law and agents who all too often engage in the practice of law: The agents should be bound by the attorney's ethics rules relevant to this kind of transaction, not their own wishy-washy nonsense. (Of course, that might be as much because agents are not professionals—that is, they are not licensed and regulated—as anything else.)</>

So, if you'd really like to meet me, go ahead. Continue making referrals to paid writing consultants. Then cue the cellos.

PS I have no personal or professional experience with Mr. Miller or his agency. I do have indirect professional experience with Mr. Young, but only peripherally as a background fact of no legal significance in a client's circumstances.

Stuart M. Miller response #3

Thanks for the tip, Jaws. (An excellent screenname for an attorney, btw.)
I like your "such as" suggestion and will incorporate it in future communications to those writers to whom I may make future referrals.

I'm fully aware of what form of material the WGA, east and west, protects in its Basic Agreement, even if the writers on this thread, or elsewhere, are not.

While your opinion of what is or is not "completely inappropriate" is just that, your opinion, you are factually incorrect in your remark that "agents are not professionals—that is, they are not licensed and regulated". While there may be sound reasons to conclude that a particular agent is unprofessional, in the state of California, ALL agents are required to be licensed and regulated by the Labor Commissioner, as well as to adhere to the rules and regulations governing agents of the guilds to which their various clients belong.

As for your amusing (and musical) threat about meeting you, I guess we'll just have to see how that operetta plays out. Cellos at 20 paces...?

Done Deal

The Sales Archive shows no sales closed by Stuart Miller, and google pulls up very little upon him, except that his agency isn't recommend by watchdog groups. Miller apparently has a poor reputation.

Honestly, queries will not make or break your career per say, and no one needs to see a literary consultant to learn how to write them. Their are tons of books on them, samples on the internet, and boards like these to recieve feedback. So I'm afraid Mr. Young at the least is taking advantage of gullible writers, and you, in referring them Miller, clearly don't have writers best interest.

So Miller, can you tell us who are your clients, and what sales you've closed? Any major agent pulls up a lot of references of various deals and clients through a google, or through a search on the sales archive on Done Deal.

New York

Agencies are also licensed and regulated by the state of New York. The show business is concentrated in California and New York, therefore those states take it seriously and put in safe guards.

NYC and NY state government agencies lists as one of the oldest and most common scams of talent/literary agencies. That basically, they encourage people to come to them and then they refer them to some sort of outside paid service, whether editorial services, photography headshot services, etc.

http://www.nyc.gov/html/dca/html/pr_112304.html

So basically, in the United States, stick to agents in New York and Los Angeles. Do your research. Check out to see if their licensed. And if they ask you for money or refer you to someone who wants you to write a check, RUN!

conflict of interest

Evene if you do not receive monterary compensation from Mr. Young, (of course that remains to be seen, for all we know he could even be giving you cash for each referral you send to him that pays), he's apparently a friend of yours. That's a massive conflict of interest, right there.

Stuart M. Miller said:

[Y]ou are factually incorrect in your remark that "agents are not professionals—that is, they are not licensed and regulated". While there may be sound reasons to conclude that a particular agent is unprofessional, in the state of California, ALL agents are required to be licensed and regulated by the Labor Commissioner, as well as to adhere to the rules and regulations governing agents of the guilds to which their various clients belong.

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This is misleading at best, Mr. Miller. As should have been clear from the context, I meant that literary agents never are licensed and regulated by the state. California registers, but essentially does not regulate, screen/TV agents whose offices are within the state of California. New York optionally registers, but does not regulate, dramatic agents whose offices are within the state of New York (contrary to popular belief, the New York scheme is essentially voluntary). For that matter, "talent agents" must register with Tennessee, California, and New York, although that registration hardly constitutes a "license." What is important to note here is that the various state schemes extend only to the kind of activity in question; for example, California does not require licensing of literary agents, or poke its nose into any agenting activity by a licensed screenwriting agent that does not concern a screenplay. In other words, a California screenwriting agent can be as crooked and rapacious as he/she wishes on book submissions and not run afoul of California law (except as it would apply to anybody who holds money for anybody else). That is not, by any stretch of the imagination, a "licensing" scheme.

"Profession" is a term of art. It does not mean "gets paid for," nor does it mean "acts like a competent businessperson." It means that the person in question meets certain entry requirements, almost always including an educational component; must be licensed to perform that activity; can be kicked out of the profession for misconduct; and must meet those standards of conduct in virtually all aspects of his/her life, even those not directly related to the "profession" in question. There is a big difference between being professional and acting professional; I'm afraid that your objection at most goes only to the latter, which is not what I was discussing.

This thread hasn’t established anything negative about Mr. Miller that I can see (except maybe he didn’t use the right weasel words), so why does “Fradulent Agent” in the heading persist? It’s just going to show up in the search engines that way, giving the wrong impression about Mr. Miller....and the perhaps correct impression of some of us at the water cooler.

Added: I see that P&E very recently gave him a “not recommended” label, and I’m wondering why.

Julie Worth said:

This thread hasn’t established anything negative about Mr. Miller that I can see (except maybe he didn’t use the right weasel words), so why does “Fradulent Agent” in the heading persist? It’s just going to show up in the search engines that way, giving the wrong impression about Mr. Miller....and the perhaps correct impression of some of us at the water cooler.

Added: I see that P&E very recently gave him a “not recommended” label, and I’m wondering why.

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I believe, from reading this thread, that P&E's rating and the "fraudulent" accusation come from Mr. Miller's practice of referring an inordinant amount of writers to the same fee-requiring literary consultant, Paul Young. Such practice may be defendable but it doesn't look good. It makes people think the agent is getting referral kickbacks (though he might not be) when he should be making his money off actual book sales.

Mr. Miller supposedly deals in screenplays. Successful Hollywood agents will have records and should be listed in industry trade magazines. One should be able to do a google on Miller. But a google mainly pulls up his entry on PE, this thread, and a few places that his address is posted.

Successfully Hollywood agents will also have named clientel, which Miller apparently doesn't have.

Julie, find out what books, if any, that Miller has sold. And find out who his clients are.

You’re right. There seems to be almost nothing on him, except that he taught a workshop entitled “Showbiz 101-How the Entertainment Business Really Works” for the past couple of years at the SSA Conference in Tucson.

There's also a contributor to Variety.com named Stuart Miller that could be him.

Although I feel I hardly need to explain or defend myself in such an inane forum as this, I'm going to take one last shot at it.

First, Attorney Jaws: You're two for two with me, Cello-guy. Literary agents are, in fact, licensed and regulated, not simply "registered" as you erroneously claim, by the Labor Commissioner of the State of California under the Talent Agency Act, which does not differentiate between agents who represent writers in the motion picture and television fields, and agents who represent such other types of talent as actors, singers, dancers, newscasters, directors, producers and others in the same fields. Such agents are required to complete considerable documentation, provide fingerprints, acquire a Talent Agency Bond and follow a lengthy and specific set of rules and regulations which, if violated, can result in expulsion from the field. This includes, among other things, obtaining the written approval of the Commissioner as to the form of services contract which agents can require their clients to execute. The net result is memorialized in a license, not a "registration certificate", signed by the Commissioner and issued to each agency and required to be on display in the agency office, kind of like what attorneys hang on their walls. Let me also add something you probably don't know about attorneys in California; many of them mistakenly believe that because they are licensed as attorneys they can perform services as agents, notwithstanding not being licensed as such by the Labor Commissioner. As a result of the inappropriate performance of such unlicensed services, attorneys can be and have been forced by the Commissioner to disgorge any commissions or other forms of compensation they have been paid by clients who invoke the Act, and are subsequently required to cease and desist such illegal services. So, for any of you uninformed attorney/wannabe agents lurking around this site, take it as a word to the wise and do your own homework.

Now, Mr. Justino IV or XXV or whoever you are today: At the end of this post you'll find my resume. It speaks for itself. Now, let's see yours....

And by the way, spelling, punctuation and syntax count, which probably explains why you're stiil a wannabe.

Ms. LeBouef and Ms. Worth and the rest: I've already explained why I send people to Mr. Young's site to decide for themselves if his services are desirable (and, BTW, he's not the only one I occasionally recommend, depending on the circumstances). I've also stated unequivocally that I don't receive compensation from him or anyone else for the referrals and frankly, I don't really care whether or not anyone thinks it "looks bad". I do it to help writers who appear to me to need the help and, as I've previously said, many of them are grateful for it. If anyone is offended by this, I suggest you examine your own motives.

My resume follows.

EXPERIENCE SUMMARY
More than forty years as a Hollywood-based talent agent and consultant, primarily in the literary and packaging fields, with considerable operational and management experience. Worldwide contacts and relationships include top executives, talent and creative artists at networks, studios, distributers, independent production companies, book publishers, interactive multimedia publishers, technology and software companies.

SIGNIFICANT ACHIEVEMENTS
Established the literary department of Agency For The Performing Arts (APA), a medium-size, full service international talent agency, after a merger with my own successful independent agency. Before joining APA, owned and operated The Stuart M. Miller Co. literary agency for more than five years, with all representational and business management responsibilities for a staff of five people and a list of twenty-five to thirty clients, including Academy Award winning screenwriter David Ward ("The Sting"), Emmy Award winner Caryl Ledner ("Mary White") and Timothy Harris & Herschel Weingrod ("Trading Places", "Twins" and "Kindergarten Cop").

Other major clients represented have included Aaron Sorkin ("A Few Good Men"), Mark Victor & Michael Grais ("Poltergeist"), Barry Blaustein & David Sheffield ("Saturday Night Live" and "Coming To America"); novelist James Ellroy ("L.A. Confidential"), Eric Bercovici ("Shogun", "Tai Pan", "Washington Confidential"), MTM Enterprises co-founder and former NBC Chairman Grant Tinker ("Tinker On Television"), as well as Academy Award and double Emmy Award winner Abby Mann, eight time Emmy Award and double CableAce Award winner Stan Daniels & six time Emmy Award winner Ed. Weinberger (co-creators of "Taxi"), four time Emmy Award winner Allan Burns, (co-creator of "The Mary Tyler Moore Show"), double Tony Award winner Rupert Holmes, Academy Award and Emmy Award winner Arnold Shapiro ("Rescue 911"), and such distinguished and successful producers as David Brown, Joe Wizan, Michael Levy, Ron Roth, Steve Mills and many others. Actively supervised or was the responsible department head for the packaging and sale of such network television hits as "Home Improvement", "Roc" and "Rescue 911" and many network and cable movies, specials and other programs.

Also led APA into the New Media space in the mid-1980's, in the early days of the entertainment technology revolution. Responsible for the representation of such high profile clients in the interactive multimedia business as Greg Roach/HyperBole Studios ("The Madness of Roland", "Quantum Gate","The Vortex: Quantum Gate II", "The X-Files"); Peter Adair & Haney Armstrong ("In the First Degree"); Kinetic Visuals ("Shuttle Commander: NASA Flight Simulator"); Doug Barnett ("Return to Zork"-Designer); Michele Em ("Return to Zork"-Writer); William Colby, former Director of the CIA ("Spycraft: The Great Game") and Intermetrics, Inc., a high technology software supplier to such customers as the Sony Gameshow Network and Compaq Computer Corporation.

Prior to assuming responsibility for APA's new technology activities, formed and ran the agency's iterary department for twelve years, during which time managed the growth of the department from four agents and a support staff of six, to twelve agents and a support staff of fifteen. Increased annual billings from less than $2 million to over $30 million. Also created the formal tri-department structure (literary, talent and personal appearance) utilized by the agency.

In 1995, re-established The Stuart M. Miller Co. as a literary and interactive multimedia agency representing and packaging film and television writers, directors and producers, interactive multimedia content and technology creators, and a broad range of intellectual property in both the traditional linear media and the emerging and expanding new media. Recent deals have included sales of original screenplays to Pariah, Cosmic Entertainment, Ivan Reitman Productions, Jersey Shore, Destination Films, Radar Pictures and Bel-Air Entertainment, the sale of the autobiography of original U.S. Mercury and Gemini astronaut Gordon Cooper to HarperCollins Publishing and the sale of first-time author Daniel Price's novel SLICK to Random House, as well as the licensing of new content to AtomFilms and technology to the USC School of Cinema-TV. The agency has also provided consulting services to such major clients as America Online, Compaq Computer Corporation and Human Code, Inc.

Additionally, have considerable agenting experience in the book publishing world as a pioneer in the representation of rights for the novelization of motion picture screenplays and teleplays to publishers in behalf of writers and producers. Subsequently, was responsible for the sale and licensing of more than 50 original books to most of the major American publishing companies. Have developed and maintained relationships with many publishers, editors and book agents.

RELATED BACKGROUND
Featured panelist and speaker at major schools and industry events such as NATPE, NAB, CES, Intermedia, Digital Hollywood, Digital L.A., Digital San Francisco, Writers Connection, American Film Institute (AFI), Computer Game Developers Conference, South By Southwest Multimedia Conference, UCLA, USC, Loyola/Marymount, Southern California Writers' Conference, Santa Barbara Writers' Conference, Society of Southwestern Authors, Mid-Oregon Production Organization Network Conference and many others. Spearheaded APA's participation and sponsorship activities at the Toronto International Film Festival, the largest and one of the most important film festivals in North America. Interviewed by and quoted in numerous publications including: Los Angeles Times, Newsweek, Daily Variety, Hollywood Reporter, Los Angeles Daily News, Red Herring, Interactive Weekly and others.

CAREER HISTORY

1995- THE STUART M. MILLER CO.
Owner/Manager, Independent Literary and Interactive Multimedia Agency

1982-1995 AGENCY FOR THE PERFORMING ARTS, INC (APA)
Executive Vice President
Head of New Media Department 1994-1995

Senior Vice President 1984-1994
Head of Literary & Packaging Department

Vice President 1982-1984
Head of Literary Department

1977-1982 THE STUART M. MILLER CO.
Owner/Manager, Independent Literary Agency

1974-1977 THE BLOOM/MILLER ORGANIZATION
Partner, Independent Literary Agency

1967-1974 MEL BLOOM & ASSOCIATES
Agent, Independent Literary Agency

1964-1967 THE MITCHELL J. HAMILBURG AGENCY
Agent, Independent Talent and Literary Agency

ORGANIZATIONS

1994-1995 ACADEMY OF INTERACTIVE ARTS & SCIENCES
Board of Directors

1978- ACADEMY OF MOTION PICTURES ARTS & SCIENCES
Member

1990- ACADEMY OF TELEVISION ARTS & SCIENCES
Member

1985-1998 AMERICAN FILM INSTITUTE
Member, Third Decade Council

1992- ASSOCIATION OF TALENT AGENTS
Current Member; Board of Directors 1992-1995

1998-1999 DIGITAL HOLLYWOOD AWARDS
Board of Advisors

1993-1996 STUDIO VILLAGE HOMEOWNERS ASSOCIATION
Board of Directors

Stuart M. Miller #5

Justino: Please remove the thread title you have been running next to my name. Even if you don't know how to properly spell "fraudulent", it's offensive, misleading, inaccurate and probably grounds for less polite action on my part than this request.

Anyone: I have no idea what the "P & E" listing or the other "watchdog" sites referred to in some of the previous posts are, so I don't know what kind of damage they may be doing to me out there in the cyberworld. If someone could direct me to any such sites so that I can see for myself, it will be appreciated. Thanks. smm

P&E is Preditors and Editors, a very helpful reference site for authors. http://www.anotherealm.com/prededitors/

Thanks for your calm and thoughtful replies to the posts on this thread. It's refreshing.

-pkpk

not at all

Miller, anyone can post a lengthy resume. How much of it is factual is an entirely different matter. I find it odd that such a supposedly accomplished person in the film business has no obvious record of recent screenplay sales. My comments stands, as well this thread.

After all, you are the ones referring writers to a paid script consulting service, and only one such service. That's shady at best.

The fact that such a supposedly successful agent feels hysterically enough to private im me to this thread, to bring my attention to it speaks volumes. If you were really all you claim to be, you'd be able to easily dismiss this thread. But if you're running a scam that you're afraid will be exposed, then you really would be upset to find out your name came up on this thread.

"Please remove the thread title you have been running next to my name. Even if you don't know how to properly spell "fraudulent", it's offensive, misleading, inaccurate and probably grounds for less polite action on my part than this request."

Are you threatening me, Mr. Miller, on this public internet forum?

And by the way, what are your recent script sales. Whose script did you close a deal on in the past 3 years? Have any scripts you sold recently moved forward and actually been produced?

The fact that you would try and threaten me on this public forum shows a lot about your character, doesn't it, Miller?

the private message I got from Mr. Miller

"

RE Stuart M. Miller
Go to the "Fradulent Agent" thread to read a response."

That was the private message I received from Stuart Miller on March 05, 2005.

This thread would be low on the list, Miller. But you jumped in on it way after the fact. Then you private messaged me, apparently wanting me to respond. And I did.

So I guess you want people to know you're a fraud, with a financial relationship with your literary consultant friend?