John August

Rights and Copyright

Getting rights to a concept album

QandA, Rights and Copyright

I’ve
been writing a screenplay that is based on a certain concept album. I
was wondering where, how, and any other information that I would need
to obtain permission to adapt the work.

–Aaron

Standard
advice applies here: If you’re basing your work on someone else’s
work, then copyright probably applies, and you’ll need to get their permission
in writing at some point.

(I say copyright “probably” applies. If what you’re writing
is clearly a parody, you may be able to slip through. For example, if your
movie pokes fun at “We Are the World” celebrity sing-alongs,
you would likely be safely in parody territory. You’d also be a decade
or two too late, but so be it.)

The question of when you need to get permission is more difficult to
answer. If you’re just writing this for the hell of it, keep typing. Don’t
worry about getting anyone’s permission. But if you’re convinced
this will be your magnum opus, then it’s a good idea to start the
process of tracking down the copyright-holders. You’ll want to see if they’re
at all interested in working with you.

In the case of a concept album, copyright almost certainly rests with
the songwriters, so start there. Figure out who they are, then try to
find
contact information. Start with Google (since you’re already on-line),
searching for both the songwriter and the record label. If you don’t
have any luck, my next stop would be to call ASCAP and BMI in Los Angeles
(or Nashville, if it’s a country/western album), and try to find
agency or other contact information.

If you strike out here, your next best bet is the record label that released
the album. Ask for the legal department, and be as nice as humanly possible
while they try to direct you to the proper people. Your final option would
be to enlist the help of an experienced entertainment attorney, both to
track down the copyright holders and to help you draft any agreements you
need.

“Fictional events” disclaimer

QandA, Rights and Copyright

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.

Finding the rights

QandA, Rights and Copyright

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.

Stealing sequels

QandA, Rights and Copyright

Say a movie came out nearly 10 years ago and it did poorly,
and I wanted to make a re-creation of it as a sequel to the first one. I want
a different movie
company to make it instead of the other that made the first one, and I have
it patented. Does that mean I’m stealing their idea? Will I get sued?

–ShaeTwon

Yes, you’re stealing their idea. They made the first one, and if you try to make a sequel without securing their permission, they can and will sue you.
A lot. Let’s review why.

For starters, movies are never patented. Patents protect inventions, like
light bulbs and One-Click ordering on Amazon. Anything related to movies –
from screenplays, to the score, to the final film – is covered by copyright.
That’s what we’re really talking about.

Let’s say you wrote your fantasy sequel. You would automatically own the copyright
on the words you wrote, but not on the underlying property – the characters,
settings and plot of the first film. Even if that first movie wasn’t successful,
the original studio still holds the copyright on those elements. No other studio
on Earth will give you the money to make your movie until their legal department
feels secure that you’ve obtained these rights from the original studio.

This is not idle legal speculation, incidentally. Sequels are made all the
time in which Studio A is buying the remake rights from Studio B. The Terminator
franchise has been through three different studios, as have the Hannibal Lecter
movies.

Several years ago, I read a very good spec screenplay called ALIENS VS. PREDATOR.
20th Century Fox, which owns both franchises, decided not to buy it because
they were developing their own script. The writer had nowhere else to sell
it and was stuck with an interesting but somewhat useless writing sample.

So what should you, Shae Twon, do with your idea? If you feel like writing
the screenplay, great, but be prepared to approach the original studio first.
If they don’t want to make it, and no one else is willing to buy the rights
from them, you’re screwed.