John August

QandA

The difference between homage and rip-off

QandA, Story and Plot

questionmarkYou knowing a lot about screenwriting and the law, I’ve got a question about ethics and rights; When is a screenplay an ‘homage’, as opposed to an illegal rip-off/unauthorized remake?

Let’s take [Seven Samurai](http://imdb.com/title/tt0047478/) for instance. It was remade officially and legally as [Magnificent Seven](http://imdb.com/title/tt0054047/combined), but then there have been other versions of the story made since then — most notably [Battle Beyond The Stars](http://imdb.com/title/tt0080421/combined) and, to an extent, [A Bug’s Life](http://imdb.com/title/tt0120623/combined). I might be mistaken, but I’m almost certain these films didn’t have remake rights. How was this done?

Is it all a matter of “shut your mouth about the source and you’ll get away with it”? For instance; I’ve noticed that despite it being blatantly obvious; [Tarantino](http://imdb.com/name/nm0000233/) has never been quoted as saying [City On Fire](http://imdb.com/title/tt0078976/combined) was an inspiration for [Reservoir Dogs](http://imdb.com/title/tt0105236/combined). However, [James Cameron](http://imdb.com/name/nm0000116/) came right out and said that some short works by [Harlan Ellison](http://imdb.com/name/nm0255196/) were the inspiration for [The Terminator](http://imdb.com/title/tt0088247/combined) — and then he got sued.

Is it a case of altering the situations, names and characters to the point where they are dissimilar enough to pass as a new work?

Or do you consider a pre-told story an ‘archetype’ from the point it enters the public arena? I could see that being the case for Seven Samurai — the story has been re-told so many times that the very core of the story (seven warriors defending a village from bandits) has now become an archetype. Would you agree?

Let’s put the theory in practice with a hypothetical: I write a script about a bank that hires seven police officers to guard them from a large-scale robbery they have heard rumored will take place (no, that’s not a script I’m working on…feel free to steal that idea if you want, people).

Would it really come down to the difference of me saying “I thought it was a great story and wanted to pay homage to the master; [Kurosawa](http://imdb.com/name/nm0000041/)” — as opposed to “I thought it was a great story, so I blatantly stole it.”?

Even if you’re not sure about the legal side of things, what would be your opinion on a writer working on an homage piece?

–Pete

answer iconThe great thing about your question is that it already did all the hard work for me. Observe and learn, dear readers: see the wonder of the self-answering question.

Basically, I think you’re right on all counts. An “idea” is essentially unprotectable, so seven guys defending a village can be done any number of times without owing a dime (or a tip of the hat) to Mr. Kurosawa. What is protectable is the execution: the plot, the characters and all of the details. The Magnificent Seven is a remake in that it took all of these elements fairly directly. The others are appropriating only the basic idea, or small details, and are thus labelled “homage.”

Regarding your theoretical bank-heist movie: yes, I think you’d be in the clear, but only to the degree you kept the characters and specific plot points far clear of Kurosawa’s film. And when you’re doing interviews, shut up about your influences.

Writers Boot Camp

QandA, So-Called Experts

Have you had any experience with [Writers Boot Camp?](http://www.writersbootcamp.com/) If you have, would you recommend it for a first time screenwriter?

–Cayrn Rose

I don’t have any first-hand experience with it. After visiting the website, it looks like an intensive course designed to get writers through the first draft. I say, if it helps you get your script written, great. I’d liken it to one of those upscale spa retreats where you pay a lot of money to eat grapefruit. Sure, you could do it yourself for less — but would you? Sometimes, paying money is good motivation for taking something seriously.

That said, I’m always leery of Patented Screenplay Secrets and script gurus (self included). There’s no magic, no shortcuts, no perfect second-act template. Most of the screenwriters working in Hollywood learned their craft through trial and error, along with massive rewriting. Workshops often bill themselves as helping writers avoid the painful mistakes, but sometimes what you really need are the painful mistakes.

If any readers out there have experience with Writers Boot Camp or other workshops, please write in.

Slandering historical figures

QandA, Rights and Copyright

I am writing a spec script that deals with an actual person who lived years ago. I have fictionalized many events in his life and now part of me is wondering if this is legal? Think in [Titanic](http://imdb.com/title/tt0120338/combined), [James Cameron](http://imdb.com/name/nm0000116/) didn’t get John Jacob Astor’s permission to recreate him, give him words, and actions, in the film? How does that work? Is creative license totally creative? If you veer from the truth to exaggerate your story, is that technically slander?

–Matt

Not if the person in question is dead.

Generally, slander refers to things you say, whereas libel refers to things you write. Either way, dead people can’t do anything about it, and the heirs aren’t allowed to sue on their behalf.

Certainly, whenever you are dealing with living people, or recently living people, you’ll want to be careful. There may be some hidden landmines. For instance, an estate may have control over a celebrity’s voice or likeness (think Marilyn Monroe). And copyright still applies. If Cameron based Titanic on Astor’s private diaries, the estate would have reason to go after him.

New answers up at IMDb

QandA

In addition to the questions I answer here at johnaugust.com, I also have a [weekly question-and-answer column at IMDb](http://indie.imdb.com/Indie/Ask/). Eventually, most of the things I address on that site also show up here, but it’s worth checking out the IMDb version for the Ask a Director and Ask a Cinematographer sections, which offer a broader perspective on filmmaking.

One frustrating thing about the IMDb column (which I’ve been doing for a few years) is that there’s no comments section. It’s nice to feedback on my answers. That’s a major part of why I set up this site.