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.

I’m a screenwriting student at The University of Texas. Several
classmates of mine have obtained representation, and gone on to sell scripts,
by writing
shorts that other classmates made and showed at festivals and special alumni
screenings. I’ve written and made one of my own, but it includes a total of
twenty seconds of copyrighted footage taken from three major motion pictures.
I don’t have permission to use any of the footage, but I don’t want to cut
it unless I have absolutely no other choice. If I have no intention to sell
my short, or win money at festivals, and only intend it to get someone to look
at my other work, do I have to cut the 20 seconds?

–Scott

First off, I’m a big believer in copyright, without which the American film
industry could never exist. Copyright law allows companies to feel secure investing
millions of dollars in movies, knowing that if someone tries to steal the finished
product, the U.S. and other governments will step in.

That said, just do it. Especially with a short film, the consequences for
trampling someone else’s copyright are not that dire. Since you’re a student,
and probably broke, it’s not like 20th Century Fox is going to sue you for
your life’s savings.

A friend of mine wrote the short film ERNEST
AND BERTRAM, which was a very
funny version of THE CHILDREN’S HOUR, featuring Ernie and Bert from Sesame
Street. Children’s Television Workshop (CTW), the makers of Sesame Street,
went ballistic, largely because it portrayed Ernie and Bert as closeted gay
lovers.

Long story short, the film played at a bunch of film festivals, and got good
notice for the filmmakers, who eventually had to sign something with CTW that
promised the movie would never be publicly exhibited again. Which is a shame,
because it’s very good. But everyone knew going in that there was a risk, and
it was definitely worth it.

Copyright-wise, that’s pretty much the worst-case scenario for a short film.
So I say try it. Just make the best short you can.

To what extent can a character quote, sing the lyrics, or
hum the tune of a song without rights or permission being attained?

–Trevor

Ultimately, that issue would have to be addressed by whoever’s handling the
legal affairs for the movie. Believe me, it will come up when it needs to.

For your purposes in writing a screenplay, don’t worry about it. Don’t footnote,
don’t asterisk, don’t put a special note in the script. You can leave it as
simple as:

• Max is WHISTLING the "Bewitched" theme when a pitbull suddenly
  attacks his car.

If it’s especially important to show the lyrics of a song, put them in a character’s dialogue block. Remember that sung words are generally italicized.