Rights and Copyright

   I have this vision of a modern version of famed movie CHITTY CHITTY BANG BANG. My vision has a multicultural cast with actor/comedian Wayne Brady playing the starring role (Dick Van Dyke’s character). I need a writer. How can I find one? And at what price?

–Les Williams

On the scale of marketable ideas, that’s not bad, although I suspect in this remake-crazy culture, someone’s already working on it. Regardless, I’m sure Wayne Brady and his representatives are happy that you’re out there, working to find him roles.

Ignoring for the moment that someone actually owns the underlying rights (probably MGM, but maybe Ian Fleming’s estate), I see two main paths which you could take in pursuit of a screenwriter to implement your vision.

First, you could find a screenwriter who is already somewhat successful. I’m not talking Robert Towne or Callie Khouri, but rather a writer who got credit on Eddie Griffin’s latest movie, or a Mandy Moore vehicle. Since you’re not bringing a lot to the project other than your enthusiasm, you may have a hard time convincing this writer’s agent to take you seriously. But I’d bet out of a list of 10 candidates, you’d find at least two writers willing to hear you describe your vision for the movie. And if it’s as good as you think it is, maybe one writer will say yes. Working together, the two of you either write the script as a spec, or approach the rights holder and convince them to commission a script.

The other option would be to find a screenwriter without any produced credits, and convince her to write the script for you. Maybe you pay her a few thousand dollars, maybe you don’t. Either way, you work together to create the best possible script you can, with some sort of written contract between you clarifying that you’re attached as a producer. When it’s finished, you approach the rights holder and convince them that your script will make the definitive multi-ethnic CHITTY CHITTY BANG BANG for the new millennium.

How do you find this newbie writer in the first place? You might have luck with online screenwriting forums and workshops. As long as you can read the writer’s work, it doesn’t matter where they live. Another good option would be to find writers who’ve won (or made the final rounds) in one of the many screenwriting competitions, such as the ones sponsored by Final Draft or the Austin Film Festival.

Which way is better? Honestly, they’re both difficult. But a producer’s job is always difficult, and many of today’s top producers started their careers exactly this way, with nothing more to offer than their imagination and tenacity.

At the end of the credits of every movie, I read the
message saying, "The
events depicted in this movie are fictitious. Any similarity to any person
living or dead is merely coincidental." However, in a number of interviews
with screenwriters and on several DVD commentary tracks I hear a writer talk
about a real person or experience that he or she used in the script. Why do
you they get to put that message at the end?

–Ryan

This disclaimer is there strictly to help protect the studio and filmmakers
in case someone comes after them, claiming libel or defamation. Let’s say the
movie has an evil drug dealer named Joe Thompson. If some guy named Joe Thompson
in Wayzata, Minnesota decides the movie has defamed him and tries to sue, the
studio can point to that disclaimer and say, "Look, we said this character wasn’t
based on anyone."

Since you seem to like to watch the credits – God bless you – pay close attention,
because that disclaimer isn’t always exactly the same. In the case of a movie
like ALI, many of the characters obviously DID exist, and a lot of the events
portrayed in the movie DID happen. So the disclaimer at the end might say something
like, "This story is based on actual events. In certain cases incidents,
characters and timelines have been changed for dramatic purposes. Certain characters
may be composites, or entirely fictitious."

Among recent movies, CHICAGO, ADAPTATION and CATCH ME IF YOU CAN are based
on true stories, but each has taken considerable dramatic license. You’ll see
that reflected in the disclaimers at the end.

When you listen to DVD commentary tracks, you’ll often hear that a character
was "inspired by" a real-life person or events. For instance, GO
features a telepathic cat named Huxley, who is based on my friend George’s
telepathic cat named Huxley. The threeway, the strippers and the burning hotel
room all happened – at different times, to different people – but in stringing
them together, I created a fictious work that is not really "based on
actual events."

By the way, the screenwriter gets no say in what kind of disclaimer is put
on the movie. That’s generally handled by the studio lawyers.

My friend and I translated a French novel whose English translation
has been out of print for many years. We have found no takers for our translation,
but also have a screenplay, which we think could be a blockbuster for the right
studio. The only problem is that the author of the original novel is dead and
securing rights, let alone locating them, is a difficult task for two college
students. Is it worth seeking representation in hopes that a studio would like
the screenplay and do their own research to pick up the rights?

–A

You need to hire an honest-to-goodness copyright attorney, preferably one
that speaks French, and have him or her investigate the copyright situation
on the original novel.
Since you obviously speak French, you might be able
to track one down in Paris or Montreal who could handle it. Another option
would be to consult the French business league in either New York or L.A.
and look for a contact there.
One final thought would be to find a small American
pubisher that specializes in French translations and try to sweet-talk
their rights department into giving you a hand. It’s one case where being college
students might help you out.

I think you’re much better off doing this homework at the outset, because
no buyer will be interested in reading a screenplay based on work they may
never be able to buy.