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Rights and Copyright

Rewriting an old movie

September 10, 2003 QandA, Rights and Copyright

I have an old movie that I’d absolutely love to rewrite. I was wondering how
you go about doing it. How do you find out who has the rights to the original
screenplay, and is there anything else I would need to do?

–John

Start by looking for what
company made the picture. On IMDb, look up the movie’s page, then click on "Company
Credits." The top entity listed is usually the place to start.

If the studio still exists, such as Columbia Pictures, there’s a very good
chance that they still own the remake rights to that movie. Call information
in Los Angeles to get their main phone number, then call it and ask for the
rights department. (It may have a different name, or be a subset of the legal
department, but every studio has somebody who handles exactly these kind of
rights.) Whoever you end up speaking with will probably have you fax over your
information request, then promptly lose that fax until you call them back and
pester them some more.

At this point, all you probably want to know is whether the company owns the
remake rights for that picture. If they do, it’s up to you to figure out your
next step, be that approaching the studio with your idea, or buying the studio’s
remake rights (with your money or someone else’s).

If the studio doesn’t own the remake rights, hopefully they know who does.
Repeat the process of calling/faxing/waiting until you find out exactly who
controls these rights.

What if the company who produced the original movie no longer exists? If the
movie is available on videotape or DVD, start with whatever company distributed
it. Call their home video department (very likely based in Los Angeles) and
ask to speak with somebody in their rights department. In order to distribute
the movie, they had to secure rights from somebody. Find out who that was.

If you’re at a dead end, with no more numbers to call, start going through
the names in the credit block. You can track down contact information for writers
through the WGA, directors through the DGA, and producers (sometimes) through
the Producers Guild of America. Of these three, producers are most likely to
have information about who controls the rights for their movies.

Keep in mind that just because someone says they own the remake rights, doesn’t
mean it’s necessarily true. You’ll need to have an experienced entertainment
lawyer review the chain of title to make sure all the i’s are dotted and all
the t’s crossed.

Are jokes public domain?

September 10, 2003 QandA, Rights and Copyright

What’s the proper protocol in terms of writing a joke into
your script? I frequently hear jokes in movies that I’ve heard from friends
before the movie
came out. Is it public domain and it needs no clearance or should it still
be researched just in case it has roots from a standup comic’s copyrighted
routine?

–Anup

Stand-up comics write their material, and written material is subject to copyright.
But at a certain point, some jokes circulate out in the popular culture enough
that I would argue they’re essentially public domain. But then again, I’m not
a jury, so don’t take my advice as gospel.

If you can’t find a source for a joke, and you’ve heard it enough times and
enough different ways that you feel it’s graduated to cultural meme status,
you can probably get away with putting it in your script. Then the only question
becomes, if you’ve heard it so many times, is it still original enough to be
worthy of your script? Nothing is less funny than a joke that’s been played
out.

Using copyrighted material in a short

September 10, 2003 QandA, Rights and Copyright

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.

A character sings a song

September 10, 2003 QandA, Rights and Copyright

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.

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