So we all know that writing spec scripts based on existing franchises/IP should be avoided as the idea is to display creativity rather than riffing on existing ideas but is there any actual downside to it? I know there's no risk of litigation for writing such material and sending it out as a calling card but ever since the Marvin Gaye 'rewrite for free' thread it's something I've been pondering.
I mean, it's going to be a lot easier for the rights holders to Elvis Presley and Freddy Krueger to steal your script and claim 'coincidence' and 'unavoidable' overlapping of plot - due to their pre-existing history and character of historical figures and existing fictional franchises - than if you sent in an original story of your own creation. Even if prodcos want to do right by you and invite you to discus further, they could still take your ideas without recompense if they ultimately decide to go a different path. And it's not like you can shop your script to other prodcos if things don't go well with the rights holders as there'll probably still be too many recognisable (ie: protected) aspects to your script.
It seems to me that your only hope is to find honest, virtuous prodcos who will reward you fairly if they like what you write and that seems riskier than moonlight skinny-dipping in Amity. But on the flip side, if you have a good concept to bring someone's life story to the screen or, better yet, to rescue an ailing franchise then that to me seems a great incentive and - if you can get it in the hands of those that matter - seems a better prospect for success than creating something totally unique and hoping to sell it as the non-existent IP that it is and if you're lucky, you can change enough elements so it's unrecognisable from the existing IP you originally wrote it for. It should also quicken the creative process as a lot of the heavy-lifting has already been established for you.
Thoughts?
I mean, it's going to be a lot easier for the rights holders to Elvis Presley and Freddy Krueger to steal your script and claim 'coincidence' and 'unavoidable' overlapping of plot - due to their pre-existing history and character of historical figures and existing fictional franchises - than if you sent in an original story of your own creation. Even if prodcos want to do right by you and invite you to discus further, they could still take your ideas without recompense if they ultimately decide to go a different path. And it's not like you can shop your script to other prodcos if things don't go well with the rights holders as there'll probably still be too many recognisable (ie: protected) aspects to your script.
It seems to me that your only hope is to find honest, virtuous prodcos who will reward you fairly if they like what you write and that seems riskier than moonlight skinny-dipping in Amity. But on the flip side, if you have a good concept to bring someone's life story to the screen or, better yet, to rescue an ailing franchise then that to me seems a great incentive and - if you can get it in the hands of those that matter - seems a better prospect for success than creating something totally unique and hoping to sell it as the non-existent IP that it is and if you're lucky, you can change enough elements so it's unrecognisable from the existing IP you originally wrote it for. It should also quicken the creative process as a lot of the heavy-lifting has already been established for you.
Thoughts?
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