Anyone have any legal expertise here? may i ask a few questions?
Thanks... here goes.
rights:
SAy i want to write a screenplay BASED on an actual event (i.e. True Crime drama, Serial Killer who actually existed, etc.). Do i need to get the rights to the story first?
ok, another question...
Say I want to write a screenplay BASED on another story (written by a well known author). "Based on", meaning that the base story is the same but the characters (names, origins, driving force, speech patterns, everything else) are original ideas.
EXAMPLE:
Original story --
The Last Starfighter: 1985
A boy is a video game wiz. The game he plays turns out to be a training course. He is recruited into space to save the universe. he does.
my story --
The Hero of Id: 2002
An *updated* version starring a girl. Same base story but all the names, places, and characters are different.
Do i need the rights to 'The Last Starfighter' to make 'The Hero of Id'?
Or, say something like "Campfire Tales", where there is a base story and a bunch of short stories told within the base story?
EXAMPLE:
(though i've never seen Campfire Tales) I assume it's something like:
Original --
Campfire Tales: 1990
A bunch of campers on a riverbank. They try to scare each other with spoooooky tales. Tale 1: dog fight; Tale 2: cat fight; Tale 3: dogs and cats... living together... it's chaos! between each tale, the campers dialog and hear spooky noises in the woods. they all die in the end.
My story --
Campers Delight: 2002
Same story about the campers EXCEPT they are my original characters with original dialog. The 3 tales, though, are all completely different spooky tales.
would i need rights to "campfire tales" to make "campers delight"?
I'd like to have a credit saying "Based on the original story 'Last starfighter' by Johhny Comelately" or "Inspired by the original film 'Campfire Tales".
What would be the difference between "based on" and "inspired by"?
I am not trying to "rip-off" someone else's story. that's not why i ask the question. What i want to do is "re-write and Re-tell" the story for today. I adore the original films. i believe that they are classics but i want to adapt them for today. Is that possible without getting the rights to the originals?
I am not worried about paying for the rights. My main concern is that *my* stories are not mainstream-style films. There are things that the original writers may/would object to (i.e. In campers delight, i may make the campers necropheliacs. They die, in the end, by the hand of a current cadaver/plaything's angry husband)... or something just as strange. THIS IDEA IS JUST FOR ARGUMENT's SAKE.
Oh, oh oh! ...or a great (tame) example would be 'Oceans 11' (which is a film I dreamed of remaking about 10 years ago). did they have to get rights to make the new version?
What if they didn't call it Oceans 11, but told the same story they did in the new version? would they have needed the rights?
Thanks for any help/information.
Kyle
again, I am not looking to steal someone else's work, i just LOVE a couple of older films and want to retell the stories with a bit more "hot chilli pepper flavor" to them.
Thanks... here goes.
rights:
SAy i want to write a screenplay BASED on an actual event (i.e. True Crime drama, Serial Killer who actually existed, etc.). Do i need to get the rights to the story first?
ok, another question...
Say I want to write a screenplay BASED on another story (written by a well known author). "Based on", meaning that the base story is the same but the characters (names, origins, driving force, speech patterns, everything else) are original ideas.
EXAMPLE:
Original story --
The Last Starfighter: 1985
A boy is a video game wiz. The game he plays turns out to be a training course. He is recruited into space to save the universe. he does.
my story --
The Hero of Id: 2002
An *updated* version starring a girl. Same base story but all the names, places, and characters are different.
Do i need the rights to 'The Last Starfighter' to make 'The Hero of Id'?
Or, say something like "Campfire Tales", where there is a base story and a bunch of short stories told within the base story?
EXAMPLE:
(though i've never seen Campfire Tales) I assume it's something like:
Original --
Campfire Tales: 1990
A bunch of campers on a riverbank. They try to scare each other with spoooooky tales. Tale 1: dog fight; Tale 2: cat fight; Tale 3: dogs and cats... living together... it's chaos! between each tale, the campers dialog and hear spooky noises in the woods. they all die in the end.
My story --
Campers Delight: 2002
Same story about the campers EXCEPT they are my original characters with original dialog. The 3 tales, though, are all completely different spooky tales.
would i need rights to "campfire tales" to make "campers delight"?
I'd like to have a credit saying "Based on the original story 'Last starfighter' by Johhny Comelately" or "Inspired by the original film 'Campfire Tales".
What would be the difference between "based on" and "inspired by"?
I am not trying to "rip-off" someone else's story. that's not why i ask the question. What i want to do is "re-write and Re-tell" the story for today. I adore the original films. i believe that they are classics but i want to adapt them for today. Is that possible without getting the rights to the originals?
I am not worried about paying for the rights. My main concern is that *my* stories are not mainstream-style films. There are things that the original writers may/would object to (i.e. In campers delight, i may make the campers necropheliacs. They die, in the end, by the hand of a current cadaver/plaything's angry husband)... or something just as strange. THIS IDEA IS JUST FOR ARGUMENT's SAKE.
Oh, oh oh! ...or a great (tame) example would be 'Oceans 11' (which is a film I dreamed of remaking about 10 years ago). did they have to get rights to make the new version?
What if they didn't call it Oceans 11, but told the same story they did in the new version? would they have needed the rights?
Thanks for any help/information.
Kyle
again, I am not looking to steal someone else's work, i just LOVE a couple of older films and want to retell the stories with a bit more "hot chilli pepper flavor" to them.
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