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.

As a budding screenwriter,
I’ve sent something away to be copywritten. Since it’s been sent out, I’ve
made a few minor changes to it, including changing a character’s name and deleting
a scene. Is it possible to make changes to the registered screenplay, and still
have it protected without having to send in the new draft?

–Matt

"Copywritten" seems like it should be a word, but it isn’t. The
problem is the "written" part. Copyright actually has nothing to
do with the process of writing. It’s a legal protection on a piece of intellectual
property that can be transferred, sold or bartered. Columbia Pictures owns
the copyright to GO, even though they didn’t write it.

The word you’re looking for is "copyrighted." Based on the lawsuits
we all read about, in which rap stars get sued for copyright violations after
sampling three seconds of a song, it’s understandable that you want to be hyper-vigilant
about copyright.

Vigilant is not the same thing as paranoid, however, which is what you’re
being.

Copyright is actually a fairly broad protection of intellectual property;
that is, an idea and its execution. Changing a character’s name or deleting
a scene doesn’t fundamentally alter your work, and wouldn’t fundamentally alter
your ability to protect it.

How much needs to change to make re-registering your script worthwhile? That’s
obviously going to depend on the project. If you rewrote the last act so that
the big action climax takes place on the space shuttle rather than a yacht,
then sure, maybe that’s worth re-registering. But if your rewrite just changes
some dialogue and fixes typos, then forget about it. While such tweaking hopefully
makes your script better, it doesn’t change anything in the grand scheme of
things.

My movie has main characters who love movies and, at last count, reference
over fifty films and watch nearly a dozen. You addressed the need to get permission
during filming and encouraged us the aspiring to just go wild during the writing
process, but what about in the copyrighting process?
Should I get the permission of the producers of, for
instance, THE OPPOSITE OF SEX, if I write that it’s playing in the background
of the scene or of PHOENIX if my characters refer to it in conversation,
even though they refer to it in a nice, non-slanderous way.

–Josh M. Nileski

I fall back on my standard advice of Just Don’t Worry About It.

If you’re excerpting whole scenes of THE OPPOSITE OF SEX, then
there would obviously be legal issues, since you can’t copyright something
that’s already copyrighted. But it’s not like there’s somebody at the Library
of Congress who’s going to read your script and press the emergency copyright
infringement alarm.

As far as referring to other movies, Josh, this is America. If you want your
characters to say that TOWN AND COUNTRY was a boring, unfunny disaster, they
can. (By the way, it was. I like and respect pretty much everyone involved
in that movie, but what the hell happened?)