John August

QandA

More copyrights and changes

Dead Projects, QandA, Rights and Copyright

How important is it to have your screenplay registered through the US copyright
office? And if you do get it registered, what happens if you add more scenes
later on?

–Ben Goldblatt

Officially, yes, you should copyright your screenplay (with the little "c" symbol,
name and date) on the title page, and then send it in to the U.S. office, a
procedure you can probably find on-line. And if you make major revisions, you
should probably re-register the whole thing.
Unofficially, nobody does this. Sometimes you’ll see the copyright symbol
on a script, but most of the time you won’t. And none of my writer friends
regularly send in their work to be "officially" copyrighted.

Although it’s not really the same thing, most writers I know do register their
scripts with the Writer’s Guild in Los Angeles, a painless procedure
that can occasionally help if your idea is blatantly stolen. But the truth
is that "someone might steal my idea" is more often the fear of an
aspiring writer who’s never put pen to paper than of a working screenwriter.

I’m ragging on it, but sometimes copyright becomes very important. For instance,
when a script is sold, what the studio is really buying is the copyright. (Or
the right to copyright.) I’m currently adapting BARBARELLA, a project to which
four different studios were claiming copyright. It’s taken the legal teams
more than a year to sort out who really owns what, since two of the original
French comic books were already made into a movie.

The process of determining copyright is called "clearing the chain of
title," and it’s often used as the answer to "Why haven’t they paid
me my money yet?"

Spoofs in your script

QandA, Rights and Copyright

I have a question about copyright. I just finished writing
a comedy script which I would like to get made, but in the script I have involved
some slight spoofs
of other films and a few references. What I would like to know is does this
infringe on the copyright? The references and spoofs are indirect and only
take up parts of the film, but I don’t want to make a film then find out I’m
being sued
by everyone. Please help.

–Bunmi

Usually, I’d write up a lengthy explanation of copyright law as I understand
it, which although hopefully entertaining would probably be grossly inaccurate.

So I’ll just give my opinion instead.
You can’t go through life afraid of being sued. If your script is funny, and
part of the reason is because of references and spoofs of other movies, then
you obviously don’t want to remove them. So don’t. I guarantee, no one is going
to sue you just for typing them in your script.

If someone buys your script and makes it, maybe the copyright owners of the
original movies will sue, but I seriously doubt it. There’s a long tradition
of movies parodying each other, and it would be hard to prove any actual damage
or wrongdoing.

Besides, at that point, it’s not your problem. Any lawsuit is going to be
directed at the big rich studio, not the measly underpaid writer. There would
probably even be language in your contract with the studio protecting you just
in case.

So while I can’t say that you’re absolutely, 100 percent safe, I can assure
you that your time is better spent writing funny scenes than worrying about
lawsuits.

Book before the script?

Adaptation, QandA

I’ve heard it being said that one of the ways to get producers interested
in your screenplay’s story is to do it the long way and write the book first.
Do you agree, and is it harder to get a book published than a screenplay bought?

–Brian

Wow. Writing a screenplay, and then writing a book based on the screenplay,
seems like a tremendous amount of misdirected work. Yes, some producers do
like to read novels, but the vast majority would prefer a script to a novel
any day of the week. After all, a script is a lot closer to being a movie than
a book is. Plus it’s shorter, and you can throw it across the room without
damaging your walls.

My advice is to pick the format you’d prefer to write, hopefully the one that
best matches your story. If you choose to write a book, make it the best book
possible — don’t go overboard trying to load it up with "this would be
a great movie!" moments. If you choose to write a script, trust that the
quality of your writing is all you’ll need to sell it.

I recently adapted a book called BIG FISH by author Daniel Wallace. Meeting
with him for the first time, I was surprised to see he had never thought of
his book being a movie. The moments I thought were cinematic, he thought were
just good storytelling.

As for your second question, I’m not sure whether being published is easier
or harder than selling a script. My gut instinct is that it’s easier to be
published, simply because there are so many different publishing houses, and
frankly, so many books. But there’s a big difference between being published
and making money.

Film festival contacts

Directors, QandA

I am an aspiring screenwriter with several screenplays nearing completion.
I envision my screenplays as independent films, with low budgets and talented
character actors. I will need a director. I’ve been told excellent director
contacts can be made at film festivals. Is this good advice?

–Kristy B.

It’s great advice. In fact, I intend to steal it as soon as I get the chance.

Early in their careers, most independent directors aren’t exactly getting
besieged with scripts for them to direct, so you have a pretty good shot of
getting them to actually read it. Having been through the festival grinder
a few times, my only advice would be to try to find a relaxed moment to talk
about the project, and not swarm the stage after a Q&A session.

If you don’t have a chance to meet the director at the festival, you can probably
find contact information in a program or at the festival office. Drop a note
telling the director how much you liked her movie and a few paragraphs describing
what your script is about, and asking if you could send it to her.

It’s certainly not foolproof, but it would be a good way to get your foot
in the door with a director you hope to work with.