Complicated situation

[Whiteout]

A film based off of a previous work (don't wanna be too specific) has been announced as being considered by a pretty big producer. I am about to send an email saying that I would like to write and direct the film. No writer or director has been announced yet, nor are any in talks, so I have a chance. I am just wondering if I'm missing something, and I have a lot of questions. Is there any legal information I need to worry about? Just remember that I am trying to do this before anybody else, although the project isn't even in pre-production.

Question A: Since the producer is working directly with the creator of the work, I assumed I don't need to worry about owning the rights, am I mistaken?

Question B: Also, is it in any way necessary to copyright my work, even though I don't have the rights?

 

[rayw]

Odds are the producer making the announcement has already purchased the rights from the "previous work's" copyright owner.

ITREF​

Answer A: 100% mistaken. You're free to write whatever you want, but don't expect to ever be able to get anyone to produce it. If you produce it yourself you are then exposed to a lawsuit filed by the source material's copyright's owner.

Answer B: It's always necessary to copyright your work, however, since you're considering making a film adaptation of someone else's source material then there's probably no need since no one in the right business mind will spend a dime producing what you've written.
Basically you'll have perfectly good hard drive space going to waste plus hours of time invested for essentially fan fiction ether.


Here's the deal - Don't be such a BLATANT plagiarizing puss!

1. Outline in detail the source material's plot and characters.
2. Change the setting (location & time period) significantly.
3. Flip-flop genders, change occupations and political/religious affiliations.
4. Change one half of of the double-genre (Sci-fi action becomes a western adventure action.)

DANCES WITH WOLVES: Disillusioned soldier meets traditional enemies makes friends fights against countrymen
THE LAST SAMURAI: Disillusioned soldier meets traditional enemies makes friends fights against countrymen
AVATAR: Disillusioned soldier meets traditional enemies makes friends fights against countrymen
DISTRICT 9: Gung ho MNU worker meets traditional enemies makes friends fights against countrymen

Make the differences significant.

 

[Whiteout]

Yes I understand most of that. However, I don't think you remember the fact where I said that THERE ALREADY IS a producer. Trust me,you would know his name. He has been confirmed to produce the film, along with his company, and is trying to find writing and directing talent. I am essentially submitting my candidacy as director and writer. Almost like applying for a job. Is this the right thing?

Also, there's no hope of copy-pasting the basic plot. The story revolves around things that only exist in the universe of the material.

 

[jax_rox]

Sure, you could do it; just don't expect to hear anything back unless you are also at a similar 'name' level to he, and are lucky enough to have caught a Producer who has attached themselves to a project without a single Director in mind.

 

[Alcove Audio]

You could write the first ten pages or so. If it is an unbelievable, incredible, phenomenally fantastic piece of writing you might have the vague hope of a miniscule chance of becoming involved.

As cynical as my response is I am all for making the attempt. I was (and on occasion still am) similarly audacious. I learned a long time ago that if you don't try the answer is always "NO!" But despite the overwhelming presence of self-centered, dollar-driven ass-a-hole-ics in the entertainment biz you never know what may happen if you try, because there are people out there who will encourage potential talent. For me the answer consistently remained "NO!", but the attempts got me a few phone calls, emails and even a couple of face-to-face meetings with some very talented, knowledgeable and, the best part, constructively critical people. Not one of them ever did a thing to further my career - except to donate a few minutes of their very precious time make that phone call, write that email or even spend a half hour of face-to-face time to give me some advice and constructive criticism. Trust me, that is always something to put in your creative bank account.

 

[directorik]

He has been confirmed to produce the film, along with his company, and is trying to find writing and directing talent. I am essentially submitting my candidacy as director and writer. Almost like applying for a job. Is this the right thing?

Yes. You can apply for the job.

Send in you very best writing sample - not the script for the movie to be made
but an original screenplay. And send your directors reel. Legally you should NOT
write a script based on the material.

The harsh reality is this producer is currently looking at established talent and
without an agent to submit your work you will likely not even be seen. But don't
let that stop you. Send in your best script immediately along with your directors
reel.

 

[Sweetie]

since you're considering making a film adaptation of someone else's source material then there's probably no need since no one in the right business mind will spend a dime producing what you've written.
Basically you'll have perfectly good hard drive space going to waste plus hours of time invested for essentially fan fiction ether.

This isn't necessarily true. Take for instance Die Hard With A Vengeance (with Samuel Jackson) was a spec script called Simon Says. The writer was asked to write Die Hard, he pulled out a script and asked them if this was what they were after. He then adapted it to Die Hard.

So you can write the script and copyright it. If it isn't bought, there is no reason why you cannot adapt it in the future if the quality is good enough. Of course this is going to be tough if it's something specific like Star Wars.

Question B: Also, is it in any way necessary to copyright my work, even though I don't have the rights?

No, it's not necessary. Once you write it, it's automatically copyrighted. From my limited understanding of US copyright law, if you fail to register your work though, it'll limit the damages you can claim if it ever goes to court.

Trust me,you would know his name. He has been confirmed to produce the film, along with his company, and is trying to find writing and directing talent. I am essentially submitting my candidacy as director and writer. Almost like applying for a job. Is this the right thing?

That all depends. There are a lot of factors depending on the size of the production and how it is being made. A few of which is: Are you bondable? Are you marketable? Do you have a proven track history? Do you have a relationship with this producer (Will s/he take your phone call/submission)?

With all that being said, what Alcove said is true. If you don't ask, then there is no chance of landing that job. Good luck!

 

[directorik]

It’s always important to put stories like that in context.

In this context the “Simon Says” has nothing at all in common with what
Whiteout is asking about. The “Simon Says” spec script was written by an
established writer and not as a “Die Hard” script. Hensleigh’s spec script
was optioned several times by several different producers and studios. For
a while “Simon Says” was considered as a “Lethal Weapon” film by Warner.
Fox bought it and hired Hensleigh to adapt his spec script into a “Die Hard”
sequel. So that example is very, very different than an unproduced writer
writing a spec based on material they do not own.

If Whiteout has an excellent spec script already written and this producer
wants to buy that and hire him to adapt it into this specific project that can
happen. But rayw’s responce is exactly accurate and very true in this, specific
example.

 

[Sweetie]

It was a point in response to rayw to say, he can write the script, have it protected, if it was not accepted to use, he could put it away and adapt it to a future project. It was putting a different perspective to a suggestion that was made. Just because he writes a script for a particular project doesn't necessarily mean it will be wasted time if it isn't accepted.

Edit: Then again, are you suggesting that he doesn't have the right to copyright his work that is based upon someone elses work? I think you'll find that isn't the case. He will be able to copyright the new writing, however he will lack the right to exploit his work until that derivitive parts are removed and/or changed to no longer infringe on other peoples rights. I could be wrong though.