Writing copyrighted material

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  • #16
    Re: Writing copyrighted material

    Originally posted by SundownInRetreat View Post
    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?
    Yes, there is a downside to “Writing (from) copyrighted material.” It’s in the title of your thread, and the key word is “copyrighted.” Writers secure copyrights to prevent precisely what you propose.

    No matter whether the “writer has talent” or how “good” the writer, to write a script from copyrighted material without express permission is the equivalent of theft. This played out publicly in recent years with actor Shia LaBeouf. Did you not learn a good lesson from that? Have you not asked yourself how you would react if someone infringed upon any of your copyrighted material?

    On principle alone what you suggest is entirely wrong-headed, unless you’re merely having all of us on for the sake of sport. Immediately, it calls into question everything else written by the writer. The risk of libel and copyright infringement lawsuits is formidable, to say nothing of the irreparable damage to one’s reputation as a writer.

    Fair Use” standards as outlined in a circular from the U.S. Copyright Office do not even remotely apply to a commercial undertaking such as you suggest, which is, ultimately, a script for sale. The definition of Fair Use is so narrow that it is rarely, if ever, cited among scholars and any creative writer need never consider employing Fair Use at all.

    The only time one might derive anything from a copyrighted work is when said work is in the Public Domain. The work is copyrighted but the copyright is expired which leaves the work open for anyone to appropriate the material and rewrite it or re-interpret it as they see fit.

    A truly “good” writer would not even consider a tactic such as the one you have suggested in your original post on this thread. Anyone worth their salt who received a query for a script based on copyrighted material without the proper rights secured probably would have to wonder—aside from the illegal nature of it—why the writer cannot create something original as well as interesting and commercial.

    "There are eight million stories in the naked city....” Choose one of them that isn’t secured by copyright.
    Last edited by Clint Hill; 03-11-2020, 07:19 AM.
    “Nothing is what rocks dream about” ― Aristotle

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    • #17
      Re: Writing copyrighted material

      Originally posted by Northbank View Post
      Literally everything here is entirely wrong and based on nothing but wishful thinking and zero experience. You asked the question and have repeatedly been told that the IP holders will never touch your script for legal reasons, which means they will never invite you in to pitch on anything. You will look hilariously amateur. I have been shown a few of these queries (the one for the FRIENDS movie was the best) and they get passed around as a joke. You will be seen as the same as the Star Wars fanboys who wanted to raise money so that LAST JEDI could be remade from scratch and could not understand why they were not taken seriously.

      Sorry, Sundown, but Northbank is correct on all counts.


      Work on something original, or if you want to use existing IP, use something in the public domain.

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      • #18
        Re: Writing copyrighted material

        Originally posted by Northbank View Post
        Literally everything here is entirely wrong and based on nothing but wishful thinking and zero experience. You asked the question and have repeatedly been told that the IP holders will never touch your script for legal reasons, which means they will never invite you in to pitch on anything. You will look hilariously amateur. I have been shown a few of these queries (the one for the FRIENDS movie was the best) and they get passed around as a joke. You will be seen as the same as the Star Wars fanboys who wanted to raise money so that LAST JEDI could be remade from scratch and could not understand why they were not taken seriously.
        Yep. Couldn't agree more from my experience...

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        • #19
          Re: Writing copyrighted material

          I'm grateful for the honest, knowledgeable, industry-based advice. Not so for the counter-arguments based to things I never said or posited.

          For the avoidance of doubt, I'm not going to write an IP-based script and send it to Mr IP Holder but I may just write said script and change details so that it stands on its own which may, or may not, entice Mr IP Holder if he ever saw it floating around.

          Still, the Simpsons guy, how do those here with actual industry experience explain his success doing what I queried?
          M.A.G.A.

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          • #20
            Re: Writing copyrighted material

            Double post.
            M.A.G.A.

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            • #21
              Re: Writing copyrighted material

              Originally posted by Done Deal Pro View Post
              In the case of Elton with ROCKETMAN or Freddie & Queen with BOHEMIAN they needed the rights so they could use their songs and have them consult.

              But a decent number of films & TV movies have been made about famous people without their permission. In the case of the Jacksons, they didn't get to use their music. For that Harry & Megan TV movie, they didn't get any rights. For the Elizabeth Taylor TV movie "Liz: The Elizabeth Taylor Story" too, no rights. Now just because they legally can do this doesn't mean someone might not sue, especially again if there is anything considered slanderous/libelous. (Elizabeth tried to sue but lost.)

              Pretty much always best to get life rights and cooperation but not always necessary. As long as the person is a well-known public figure, that takes care of quite a bit.

              Not a lawyer, of course, but this happened, of course. Be careful though if you go the bio route.

              Hope this helps in some way.
              Thanks. I never knew you could make a film about someone without the rights. That's very informative and opens up an avenue I hadn't previously considered. I assume it's safe for a non-rights holder writing about Elton John to mention his songs and albums without fear of litigation? What about album covers or mimicking them - such as creating a replica album cover ('cause they won't let you use the actual one) or even having a scene of a rock star posing for what would become a famous album cover? I assume the former is a no but the latter is a go?

              Having said that, a film about a musician that doesn't feature their music is going to be a hard sell - for both prodcos and audiences.
              M.A.G.A.

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              • #22
                Re: Writing copyrighted material

                Originally posted by SundownInRetreat View Post
                Thanks. I never knew you could make a film about someone without the rights. That's very informative and opens up an avenue I hadn't previously considered. I assume it's safe for a non-rights holder writing about Elton John to mention his songs and albums without fear of litigation? What about album covers or mimicking them - such as creating a replica album cover ('cause they won't let you use the actual one) or even having a scene of a rock star posing for what would become a famous album cover? I assume the former is a no but the latter is a go?

                Having said that, a film about a musician that doesn't feature their music is going to be a hard sell - for both prodcos and audiences.
                I wouldn't suggest, of course, "running too wild" with all this, but there is again some leeway with public figures. (This especially takes place with TV movies. Two different, but similar links.) But any kind of artwork has to be cleared: album covers, paintings, illustrations, etc. Clearances can prove to be a real beast. That said, management/production company Bellevue has to different scripts about musical acts that I'm pretty sure they don't own "enough," if any, rights for to really do as written. But who knows what will ever happen with those?

                I wouldn't suggest trying to fake or mimic anything too much either. People will know. And yes, without the music rights, or proper clearances for their work or music, it will be a very tough sale.

                As others have noted, sticking with original stuff is your best bet most likely. If you do venture into the territory about someone's life or life's work, try to get real legal advice to be safe. Also here is an article about doing something like all this. I can't attest to all the legal aspects of this but it should touch on some points for you or anyone to at least keep in mind.
                Last edited by Done Deal Pro; 03-11-2020, 12:31 PM.
                Will
                Done Deal Pro
                www.donedealpro.com

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